HomeMy WebLinkAbout07-15-2024 Agenda Packet
AGENDA
CITY COUNCIL MEETING
July 15, 2024 - 6:00 PM
City Hall Council Chambers
Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join
the meeting via Teams Meeting, Meeting ID: 270 967 142 637 or by calling Toll Number 1-323-433-2142; Conference ID: 244
190 036#. The mayor will allow for public comments and questions at the appropriate time.
The City Council is provided background information for agenda items in advance by staff and appointed commissions,
committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a
council member’s personal judgment.
1. Call to order, moment of silence and flag pledge
2. Roll Call
3. Citizen Comments
4. Additional agenda information
5. Presentations/Introductions
a. Fire Department Retirement - Chris Mogen
b. National Night Out Proclamation
6. Consent Agenda
a. Check Register Summary
b. Minutes of the 07/01/2024 City Council Meeting
c. Minutes of the 06/24/2024 City Council Work Session
d. Holiday Compensation for Firefighters
e. Accepting Donation from Lakeville Public Safety Foundation
f. School Resource Officer Agreement
g. Resolution Calling Public Hearing On Unpaid Special Charges
h. Approval of a Contract for Online Payment Portal with InvoiceCloud
i. Caslano Third Addition Final Plat
j. Sundance Lakeville Final Plat
k. Antlers Ridge Final Plat
7. Action Items
Page 1 of 180
City Council Meeting Agenda
July 15, 2024
Page 2
8. Unfinished Business
9. New Business
10. Announcements
a. Next Work Session Meeting July 22, 2024
b. Next City Council Meeting August 5, 2024
11. Adjourn
Page 2 of 180
Date: 7/15/2024
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 06/21/2024 – 07/03/2024 is as follows:
Checks 323025-323131 $1,028,776.46
ACH 17213-17362 $1,743,316.87
Electronic Funds Transfer
(EFT)
20240322-
20240336
$1,580,316.43
Total $4,352,409.76
The City Council will receive a list of expenditures paid (claims detail) and it is available to the
public upon request.
Supporting Information
1. 7.2.24CKSUM
2. Check Register 7.2.24 for July 15,2024 Council Mtg
Financial Impact: $4,352,409.76 Budgeted: Yes Source: Various
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Cheri Donovan, Assistant Finance Director
Page 3 of 180
7/3/2024City of Lakeville 9:23:04R55CKS2LOGIS100
1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
7/3/20246/21/2024 -
Company Amount
689,169.9901000GENERAL FUND
3,836.3402000COMMUNICATIONS FUND
193,529.7904000BUILDING FUND
2,360.0004100EQUIPMENT FUND
1,047.5604125TECHNOLOGY FUND
235.2004161ARENAS CAPITAL IMPROVEMENTS
189.0004401TRAIL IMPROVEMENT FUND
38,672.52047002022 C PARK BONDS
46,227.9605125MENASHA TIF
92,946.0105126BTD MANUFACTURING TIF
93,724.9805129LAUNCH PROPERTIES TIF
45,891.9505130SCHNEIDERMANS TIF 23
46,322.0205131QA1 TIF 24
135,155.9505200STATE AID CONSTRUCTION FUND
1,790.0105300PAVEMENT MANAGEMENT FUND
111,830.7105500WATER TRUNK FUND
13,973.6905600SANITARY SEWER TRUNK FUND
1,042.200658622-03 210TH ST LKVL BLVD RECON
9,071.860658922-24 AIRLAKE 70 IMPROVEMENT
250.000659524-02 STREET RECONSTRUCTION
35,444.3807450ENVIRONMENTAL RESOURCES FUND
17,833.5107550UTILITY FISCAL ADMINISTRATION
72,389.3207575STREET LIGHTING FUND
113,917.4707600WATER FUND
25,797.2407700SEWER FUND
748,206.8007800LIQUOR FUND
11,640.5007900MUNICIPAL RESERVES FUND
48,895.1808000ESCROW FUND - DEVELOPERS/BUILD
4,102.54-08910 ESCROW - DCA/SECTION 125
424,645.5108950DAKOTA 911 - OPERATING FUND
59,879.9808954DAKOTA 911 - CAPITAL PROJECTS
57,472.2808970LAKEVILLE ARENAS - OPERATIONS
1,213,122.3909800PAYROLL CLEARING FUND
Report Totals 4,352,409.76
Page 4 of 180
MINUTES
CITY COUNCIL MEETING
June 17, 2024 - 6:00 PM
City Hall Council Chambers
1.Call to order, moment of silence and flag pledge
Mayor Hellier called the meeting to order at 6:00 p.m.
2.Roll Call
Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter
Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney;
Julie Stahl, Finance Director; Joe Masiarchin, Parks & Recreation Director; Ann Orlofsky,
City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina
Goodroad, Community Development Director
3.Citizen Comments
4.Additional agenda information
Item 7a Kenyon Green Preliminary Plat was amended, the documents have been updated in
the Council packet.
5.Presentations/Introductions
a.DARTS 50th Anniversary Proclamation
Ann Bailey, from DARTS introduced their program.
Mayor Hellier proclaimed June 17, 2024, DARTS Appreciation Day.
6.Consent Agenda
Motion was made by Bermel, seconded by Lee, to approve the following:
Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
a.Check Register Summary
b.Minutes of the 06/03/2024 City Council Meeting
c.Minutes of the 05/28/2024 Work Session Meeting
d.Grant Agreement with the Metropolitan Council for a Water Efficiency Rebate
Program
e.Resolution Accepting Lakeville Public Safety Foundation Donation to the Lakeville
Police Department for Community Engagement
f.Agreement for the 2024/25 AmeriCorps Climate Impact Corps member
Page 5 of 180
City Council Meeting Minutes
June 17, 2024
Page 2
g.Resolution Accepting Donation to the Lakeville Parks & Recreation Department in
the 1st and 2nd Quarters of 2024
h.Supplemental Agreement for Professional Services with WSB
for Environmental Compliance Inspections for 2024 City Projects
i.Temporary on-sale liquor license to Lakeville Rotary for Taste of Lakeville
j.Resolution Approving Charitable Gambling for Rosemount VFW Post 9433
k.Agreement with Killmer Electric Co., LLC. for Grand Prairie Park (formerly
Avonlea Community Park) Site Lighting Installation: CIP #24-20
l.Interstate Second Addition Development Contract and Stormwater Maintenance
Agreement
m.Agreement with EMI Audio for the Purchase and Installation of a Sound System at
the Heritage Center
n.Brookshire 3rd Addition Final Plat
o.Ritter Meadows Amendment to Development Contract
7.Action Items
a.Kenyon Green Preliminary Plat
Mike Waldo with Ron Clark Construction applied for a preliminary plat and zoning map
amendment to rezone the property to PUD, Planned Unit Development District, and
PUD Development Stage plan to allow the development of a 49-unit workforce rental
apartment building and 15 attached market-rate rental townhome dwelling units on 6.49
acres to be known as Kenyon Green. The Kenyon Green preliminary plat is bound by
two arterial roadways and is located west of Interstate 35, north of 185th Street (CSAH
60), and south of Kenyon Avenue.
Community Development Director Tina Goodroad presented the staff report. Goodroad
explained that the subject property poses unique challenges due to the shape, natural
environment protection areas (wetland), double-fronted property characteristics abutting
a major collector and arterial roadways, and limitations on-site access due to the curve
of Kenyon Avenue. The physical and environmental characteristics of the property
result in the development necessitating additional flexibility of development zoning
regulations offered by a PUD with the underlying zoning of the O-R District. A plan
review letter was received from MnDOT with no objections to the proposed
development. We also received confirmation that the side yard abutting I-35 is not
MnDOT right-of-way, therefore the east side yard buffer setback deviation is no longer
required. The Planning Commission recommended approval following a 4-2 vote.
Following the Planning Commission meeting, the developer submitted a revised
preliminary plat and landscape plan to address stipulation seven of the planning report,
which requires the common area Outlot A to be amended to Lot 2, and stipulation six,
which requires an increase in buffer yard perimeter landscaping.
Jan Lebens, 18569 Knollwood Circle, She live South of proposed development. No
concerns with the townhome of the plan. Expressed concern for apartment building
Page 6 of 180
City Council Meeting Minutes
June 17, 2024
Page 3
proposal. She feels it is a deviation of the plan around the neighborhood. She shared her
sadness for the removal of trees in this area.
Council discussed the deviations of the site, and noted that three of them were minor
deviations. The Council agreed it fits the goals for this area.
Attorney recommended that a requirement be added that a homeowners association and
maintenance covenants be established and recorded prior to the sale of any lot within
Block 2.
Motion was made by Lee, seconded by Volk, to approve the amended resolution
approving the Kenyon Green preliminary plat, and an ordinance rezoning the property
from O-R, Office/Residential Transition District to PUD Planned Unit Development.
Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk
Nay- Wolter
8.Unfinished Business
9.New Business
a.Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details
and Providing for the Payment of $21,530,000 General Obligation Bonds, Series
2024A
Jessica Green, Northland Securities, presented the Issuance Award of Sale for General
Obligation Bonds. Passage of this resolution 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 and special
assessments.
Moody's Investors Service affirmed the City's Aaa bond rating.
Motion was made by Bermel, seconded by Wolter, to approve the resolution authorizing
the issuance, awarding sale, prescribing the form and details, and providing for the
payment of $21,530,000 General Obligations Bonds, Series 2024A.
Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
b.Acknowledge Receipt of Lakeville Annual Comprehensive Financial Report for the
Year Ended December 31, 2023
Chris Knopik, with CliftonLarsonAllen, LLC, presented the Annual Comprehensive
Report (ACFR) for the Year Ended December 31, 2023. CliftonLarsonAllen, LLP
(CLA) audited the financial report. In their opinion, the financial statements, as
presented, represent the financial position of the City of Lakeville as of December 31,
2023, and the results of operations for the year ended.
Finance Director Julie Stahl shared that the City was awarded the GFOA Certificate for
Excellence in Financial Reporting for the 35th consecutive year.
Page 7 of 180
City Council Meeting Minutes
June 17, 2024
Page 4
Motion was made by Wolter, seconded by Volk, to acknowledge receipt of City of
Lakeville Annual Comprehensive Financial Report for the Year Ended December 31,
2023.
Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
10.Announcements
a.Next Work Session June 24, 2024
b.Next Regular City Council Meeting July 1, 2024
11.Adjourn
Motion was made by Lee, seconded by Volk, to adjourn at 7:16 p.m. Voice vote was taken
on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
Respectfully Submitted,
__________________________________
Ann Orlofsky, City Clerk
____________________________
Luke M. Heller, Mayor
Page 8 of 180
MINUTES
CITY COUNCIL WORK SESSION
June 24, 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 06:00 PM.
Members Present: Mayor Hellier, Council Members Lee, Volk, Wolter
Members Absent: Council Member Bermel
Staff Present: Julie Stahl, Finance Director; Allyn Kuennen, Assistant City Administrator;
Courtney Miller, Assistant to the City Administrator; Zach Johnson, City Engineer; Paul
Oehme, Public Works Director; Tina Goodroad, Community Development Director; Kati
Bachmeyer, Community Development Manager
2. Citizen Comments
A resident of Eureka Township expressed her concern regarding the future of Applewood
Orchard.
3. Discussion Items
a. Applewood Orchard Introduction
Community Development Director Goodroad, joined by Chris Fuller of Endurance Farm
Partners, provided an overview of the Applewood Orchard property, located at 22702
Hamburg Avenue. They explained that the property is for sale and Endurance Farm
Partners is working with the existing owner to purchase the property. Endurance Farm
Partners desires a broader “agritourism” use to be considered in Lakeville’s zoning, as a
definition and use, either in an agricultural zoning or within an industrial zoning district,
as the use is a production use. Mr. Fuller shared Endurance Farm Partners' plans for the
orchard and introduced the consideration of annexation in the future.
The Council expressed interest in working with Endurance Farm Partners and directed
staff to continue exploring zoning options for the property.
b. Pedestrian Crossing Policy
City Engineer Johnson stated that the current Pedestrian and Bicyclist Crosswalk Policy
was adopted by the City Council on December 21, 2020. With the guidance of the
recently completed Dakota County Pedestrian Crossing Safety Assessment, the City
partnered with SRF Consulting to collect and review data, facilitate community
engagement and analyze and evaluate pedestrian crossings with the goal of updating the
Page 9 of 180
City Council Work Session Minutes
June 24, 2024
Page 2
Pedestrian and Bicyclist Crosswalk Policy to ensure all users in the City benefit from an
improved multimodal infrastructure system. Mr. Johnson stated that the proposed
revised policy establishes guidelines and an evaluation process that provides a
consistent, uniform approach for improving pedestrian/bicyclist safety at uncontrolled
crossing locations using the best management practices. The policy is designed to
provide a clear, understandable/relatable process in support of maintaining a consistent
application of crossing enhancements that produces a safer environment for all
pedestrians and bicyclists.
The Council expressed support for the policy and thanked Mr. Johnson for the update.
c. Street Light Policy and Charges
Staff withdrew the Street Light Policy and Charges item from the agenda.
d. Local Affordable Housing Aid (LAHA) with Dakota County Community
Development Agency (CDA)
Community Development Director Goodroad, along with representatives of the Dakota
County Community Development Agency, provided information to the City Council
regarding Local Affordable Housing Aid (LAHA) funds. They explained that the 2023
Legislature passed a housing bill with $1 billion in new funding for various housing
programs. The Legislature appropriated state funds for the programs and established a
metro wide sales tax for housing needs, including a portion of this tax as a local housing
aid for metropolitan cities. The new law establishes a 0.25% metropolitan regional sales
tax, with a portion of the proceeds allocated to metropolitan cities over 10,000 in
population. They stated that Lakeville will receive a distribution of aid under this
legislation with an estimate of $385,117 in 2024. Cities can use the funds for a number
of projects.
The Council shared its support in partnering with the Dakota County CDA to implement
LAHA funding.
4. Items for Future Discussion
None.
5. Committee/ City Administrator Updates
None.
6. Adjourn
Motion was made by Wolter, seconded by Lee, to adjourn. Voice vote was taken on the
motion. Ayes- Lee, Wolter, Volk, Hellier
The meeting adjourned at 7:44 p.m.
Respectfully Submitted,
__________________________________
Courtney Miller, Assistant to the City Administrator
____________________________
Luke M. Heller, Mayor
Page 10 of 180
City Council Work Session Minutes
June 24, 2024
Page 3
Page 11 of 180
Date: 7/15/2024
Holiday Compensation for Firefighters
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Resolution setting the
2024 Holiday Compensation Pay for Firefighters.
Overview
Staff are proposing to add holiday pay to our 2024 budget. This would be for any firefighter that
works a holiday, starting with July 4th, would receive pay at one and half times their pay
rate. By adding the holiday compensation creates consistency in practice with other departments
that are working a holiday.
Supporting Information
1. Holiday Pay Memo
Financial Impact: $9196.76 Budgeted: No Source: General Fund
Envision Lakeville Community Values: Good Value for Public Service, Safety Throughout
the Community
Report Completed by: Michael Meyer, Fire Chief
Page 12 of 180
City of Lakeville
Fire Department
Memorandum
To: Justin Miller, City Administrator
Julie Stahl, Finance Director
From: Mike Meyer, Fire Chief
Copy: Alissa Frey, Human Resources
Date: July 3, 2024
Subject: Holiday Pay
Justin,
In completing our annual budget for the department for 2025, I noted that I had missed
completing a pay resolution for our paid-on-call firefighters for 2024. Previously, we had
discussed paying POC firefighters holiday pay if they work a duty crew shift during a city
recognized holiday.
I would propose that we add the holiday pay into our 2024 budget. Any firefighter that works
a holiday, starting with July 4th, would receive pay at one and half times their pay rate. The
chart below shows the cost for the remainder of 2024 based on the average pay rate.
Holidays 24 POC Hrs 24 Average Pay
New Year Day $ 18.19
MLK 1.5
Presidents Day $ 27.29
Memorial Day
Juneteenth
Independence Day 48
Labor Day 48
Veterans Day 48
Thanksgiving Day 48
Christmas Eve 48
Christmas Day 48
New Years Eve 48
336
Total Costs $ 9,167.76
Page 13 of 180
Please review and let me know if you have any questions. If you agree with moving forward
with this, I will prepare the documents needed for the July 15th Council Meeting.
Page 14 of 180
Date: 7/15/2024
Accepting Donation from Lakeville Public Safety Foundation
Proposed Action
Staff recommends adoption of the following motion: Move to approve resolution to accept a
$6,721.02 donation from Lakeville Public Safety Foundation to the Lakeville Fire Department.
Overview
Lakeville Fire Department submitted a successful grant to Lakeville Public Safety Foundation to
purchase 6 (six) sets of Mass Casualty Incident (MCI) Medical Bags that include critical
lifesaving medical supplies specifically designed for incidents with large numbers of casualties
including severe weather events, large scale vehicle/bus accidents, active shooter events, etc.
Unfortunately, in today’s world, the chances of an MCI are more likely than they have ever
been, and the City of Lakeville is of a size and professional capacity where we need to be
prepared for these types of incidents when they occur. When every second matters to stop major
bleeding, having these bags on our primary response vehicles will allow a single engine
company to treat major injuries for up to 10 victims (where our standard medical bag could
provide care to 1-2 patients). These bags would allow any responder on scene (EMS, Fire or
Police) to quickly treat major breathing and bleeding injuries, triage the patient and quickly
move them to evacuation zones.
Supporting Information
None
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: Safety Throughout the Community, Good Value for
Public Service
Report Completed by: Michael Meyer, Fire Chief
Page 15 of 180
Date: 7/15/2024
School Resource Officer Agreement
Proposed Action
Staff recommends adoption of the following motion: Move to approve the School Resource
Officer Agreement with Lakeville Area Schools.
Overview
The School Resource Officer Agreement allows the Police Department and the School District
to join together in a mutual effort to create and maintain a safe learning environment and to
further develop community understanding of law and law enforcement with the goal of reducing
crime committed by juveniles and young adults.
The City shall assign three (3) full-time law enforcement officers to serve as SRO's, one at
Lakeville North High School, one at Lakeville South High School, and one shared between the
three middle schools. As directed by the School District, the SRO shall perform job duties at
other schools in the School District.
This agreement shall run until August 2026.
Supporting information
• The School District pays the full cost of each SRO for 186 days in alignment with the
District school calendar, with all costs for a full work year prorated accordingly.
• This Agreement may be terminated by either party, with or without cause, with written
notice provided by January 1 of the year in which the agreement is to be terminated, with
an effective end date of June 30.
• This agreement was reviewed by the City Attorney.
Supporting Information
1. 2024-2026 SRO Agreement
Financial Impact: Approx. $45,000.00 per month/reimbursed by the School
District. Budgeted: Yes Source: Annual Budget
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: Brad Paulson, Chief of Police
Page 16 of 180
Page 17 of 180
Page 18 of 180
Page 19 of 180
Page 20 of 180
Page 21 of 180
Page 22 of 180
Page 23 of 180
Page 24 of 180
Page 25 of 180
Page 26 of 180
Page 27 of 180
Date: 7/15/2024
Resolution Calling Public Hearing On Unpaid Special Charges
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution Calling Public
Hearing on Unpaid Special Charges.
Overview
Staff requests that the City Council call a public hearing to be conducted on September 3, 2024
for 2024 fall Unpaid Special Charges. These charges include costs and charges incurred by the
City for mowing of grass, removal of weeds, property maintenance on nuisance properties, tree
removal charges, unpaid utility bills and false alarm charges. In order to recover the unpaid
special charges, the City must follow State Statute procedures. Those procedures provide that
the City must adopt a resolution declaring the unpaid special charges to be assessed and
establish a date for the assessment hearing for those charges. Public notice of the hearing will be
mailed to customers and published in the legal newspaper.
Delinquent Utilities – Finalled & Delinquent Active Accounts
In addition to certifying the amount delinquent, the City also collects a $50 service charge to
cover the cost of certification and interest at a rate of 18% per annum of the amount delinquent
plus the service charge for the period of September 3, 2024 until December 31, 2025. The
certification process affects less than 8% of the Lakeville utility customers.
Nuisance Abatement & Unpaid False Alarm Charges
The affected parcels will each be assessed the actual contractual cost incurred, re-inspection
fees, a $50 administrative fee to cover the cost of the assessment, and interest at a rate of 18%
per annum of the amount delinquent plus the service charge for the period September 3, 2024
until December 31, 2025.
Nuisance Abatement-Diseased Tree Removal
The affected parcels will each be assessed the actual contractual cost incurred, a $50
administrative fee to cover the cost of the assessment, and an interest rate of 4.4% of the amount
delinquent plus the service charge for the period September 3, 2024 until the end of the term
based on dollar amount below.
Term Assessment
Amount
1 year $0 - $1,000
3 years $1,001 - $2,999
5 years $3,000 - $4,999
Page 28 of 180
7 years Over $5,000
In the staff’s opinion, certification is the least labor-intensive method of collecting delinquent
accounts. It is also the process least likely to foster ill will amongst customers.
Supporting Information
1. Resolution 2024-07-15 Calling Public Hearing - 2024 Unpaid Special Charges
Financial Impact: $Varies Budgeted: No Source:
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Cheri Donovan, Assistant Finance Director
Page 29 of 180
CITY OF LAKEVILLE
RESOLUTION No______
Resolution Calling Public Hearing on Unpaid Special Charges
WHEREAS, Minn. Stat. 444.075, Subd. 3 authorizes the City to certify unpaid sanitary
sewer, water and storm sewer charges (“utility charges”) to the County Auditor-
Treasurer for collection with taxes; and
WHEREAS, Minn. Stat, 429.101 authorizes the City to special assess unpaid street
light charges, weed elimination from streets or private property and tree removal
charges (“special charges”); and
WHEREAS, Title 8-5-4 of the City Ordinance authorizes the City to special assess
unpaid emergency service charges (“special charges”) to the County Auditor-
Treasurer for collection with taxes.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota:
1. A public hearing shall be held on the 3rd day of September 2024 at the
Lakeville Council Chambers, 20195 Holyoke Avenue, at 6:00 p.m. to consider
certifying unpaid charges to the County Auditor-Treasurer for collection with
taxes and assessment of special charges.
2. The City Clerk is hereby directed to cause a notice of the hearing to be
published once in the official newspaper at least two (2) weeks prior to the
hearing. The City Clerk shall also cause mailed notice to be given to the owner
of each parcel described in the unpaid charges list not less than two (2) weeks
prior to the hearing.
ADOPTED this 15th day of July 2024 by the City Council of the City of Lakeville.
CITY OF LAKEVILLE
By: ________________________________
Luke M. Hellier, Mayor
ATTEST:
________________________________
Ann Orlofsky, City Clerk
Page 30 of 180
Date: 7/15/2024
Approval of a Contract for Online Payment Portal with InvoiceCloud
Proposed Action
Staff recommends adoption of the following motion: Move to approve a contract for an online
payment portal with InvoiceCloud.
Overview
The City is departing from the LOGIS consortium for its financial and utility billing
software. Upon completion of the RFP process for a new Enterprise Resource Planning (ERP)
system, the City chose and contracted with BS&A Software Inc. in February 2023. With
InvoiceCloud being the preferred vendor through BS&A, the existing payment system (PSN)
that the City has used since 2017 has limitations and is being phased-out from the BS&A
platform. The increased functionality of the BS&A software will allow for multiple payment
options across most City departments – utilizing the InvoiceCloud payment platform. City staff
have explored the InvoiceCloud capabilities and are confident it will increase self-service,
decrease manual collections in payment processing, fully integrate with other BS&A modules
(i.e. building permits) and be able to integrate with the BS&A special assessment cloud module
when it becomes available in the next several months.
The City will continue to absorb the processing fees for ACH and EFT payments. The
processing and interchange fees for credit and debit card payments will be absorbed by the
payers. Several benefits of this payment portal for the payers include: a) linking multiple
accounts and bill types together for easy payment in one place; b) one-time and recurring
payment options; c) paperless billing options; d) email/text reminders with payment links for
payment-ease; and e) 24 months of billing and payment history. Several efficiencies on the
City’s side of the portal will be gained with this change. The City Attorney has reviewed the
InvoiceCloud contract.
Supporting Information
1. InvoiceCloud-Lakeville Biller Agreement
2. InvoiceCloudLakeville Biller Order Form
3. InvoiceCloud-Lakeville Statement of Work
Financial Impact: $ varies Budgeted: Yes Source: various
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Julie Stahl, Finance Director
Page 31 of 180
Biller Agreement
Biller Agreement Rev 5.1.5
The complete Biller Agreement includes the Biller Order Form, the Biller T+C and this Agreement
Page | 1
1. License Grant & Restrictions. Subject to execution by Biller of the Invoice Cloud Biller Order Form incorporating this Agreement, Invoice
Cloud hereby grants Biller a non-exclusive, non-transferable, worldwide right to use the Service described on the Biller Order Form until
termination as provided herein, solely for the following purposes, and specifically to bill and receive payment from Biller’s own customers, for
Services that are referenced in the Biller Order Form. All rights not expressly granted to Biller are reserved by Invoice Cloud and its licensors.
Biller will provide to Invoice Cloud all Biller Data generated for Biller’s Customers. Unless otherwise expressly agreed to in writing by Invoice
Cloud to the contrary, Invoice Cloud will process all of Biller’s Customers’ Payment Instrument Transactions requirements related to the Biller
Data and will do so via electronic data transmission according to our formats and procedures for each electronic payment type selected in the
Biller Order Form. In addition, Biller will execute all third-party applications and enter into all agreements required for the Service without
unreasonable delay, including without limitation Payment Processing Agreements and merchant agreements that may be required upon
implementation, or later at such time as the Service operates with different or multiple payment processors. Throughout the Term of this
Agreement, for “Invoice Types” listed on the Biller Order Form (e.g., real estate taxes, utility bills, parking tickets, insurance premium, loans,
etc.), Biller will not use the credit card processing, ACH or check processing of any bank, payment processor, entity, or person, other than
Invoice Cloud via electronic data transmission or the authorization for processing of Biller’s Customers’ Payment Instrument Transactions, for
each electronic payment method selected in the Biller Order Form.
Biller shall not: (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third
party the Service in any way; (ii) modify or make derivative works based upon the Service; (iii) recreate, "frame" or "mirror" any portion of
the Service on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Service; or (v) copy any features,
functions or graphics of the Service.
2. Privacy & Security. Invoice Cloud's privacy and security policies may be viewed at http://www.invoicecloud.com/privacy.html. Invoice
Cloud reserves the right to modify its privacy and security policies in its reasonable discretion from time to time which modification shall not
materially adversely impact such policies. Invoice Cloud will maintain compliance with current required Payment Card Industry (PCI) standards
and Cardholder Information Security standards.
3. Account Information and Data. Invoice Cloud does not and will not own any Customer Data, in the course of providing the Service. Biller,
not Invoice Cloud, shall have sole responsibility for the accuracy, quality, integrity, legality, and reliability of, and obtaining the intellectual
property rights to use and process all Customer Data. In the event this Agreement is terminated, Invoice Cloud will make available to Biller a
file of the Customer Data (to the extent that Invoice Cloud is permitted to provide pursuant to applicable law and PCI-DSS standards), within
30 days of termination of this Agreement (or at a later time if required by applicable law), if Biller so requests at the time of termination. Invoice
Cloud will retain Customer Data for a period from its creation for the time frame that is listed in the Biller Order under “Data Retention”, and
reserves the right to remove and/or delete remaining Customer Data no less than 60 days after termination or expiration except as prohibited
by applicable law or in the event of exigent circumstances. Notwithstanding anything contained herein to the contrary, pursuant to Minn. Stat.
§ 13.05, subd. 11, all of the data created, collected, received, stored, used, maintained, or disseminated by Invoice Cloud in performing the
Biller’s functions is subject to the requirements of the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, and Invoice
Cloud must comply with those requirements as if it were a government entity. Pursuant to Minn. Stat. §§ 6.551 and 16C.05, subd. 5, Invoice
Cloud’s books, records, documents, and accounting procedures and practices relevant to this Agreement may be examined by the Biller, State
of Minnesota Legislative Auditor, and/or State of Minnesota Auditor, as appropriate, for six years from the termination of this Agreement.
4. Confidentiality / Intellectual Property Ownership. Invoice Cloud agrees that it may be furnished with or otherwise have access to
Customer Data that the Biller’s customers consider confidential. Invoice Cloud agrees to secure and protect the Customer Data in a manner
consistent with the maintenance of Invoice Cloud’s own Confidential Information, using at least as great a degree of care as it uses to maintain
the confidentiality of its own confidential information, but in no event use less than commercially reasonable measures. Invoice Cloud will not
sell, transfer, publish, disclose, or otherwise make available any portion of the Customer Data to third parties, except as permitted under this
Agreement or required to perform the Service or otherwise required by applicable law.
Invoice Cloud (and its licensors, where applicable) owns all right, title and interest, including all related Intellectual Property Rights, in and to
the Invoice Cloud Technology, the Content and the Service and any enhancement requests, feedback, integration components, suggestions,
ideas, and application programming interfaces, recommendations or other information provided by Biller or any other party relating to the
Service. In the event any such intellectual property rights in the Invoice Cloud Technology, the Content or the Service do not fall within the
specifically enumerated works that constitute works made for hire under applicable copyright laws or are deemed to be owned by Invoice
Cloud, Biller hereby irrevocably, expressly and automatically assigns all right, title and interest worldwide in and to such intellectual property
rights to Invoice Cloud. The Invoice Cloud name, the Invoice Cloud logo, and the product names associated with the Service are trademarks
of Invoice Cloud or third parties, and no right or license is granted to use them.
Biller agrees that during the course of using or gaining access to the Service (or components thereof) it may be furnished with or otherwise
have access to information that Invoice Cloud considers to be confidential including but not limited to Invoice Cloud Technology, the
Agreement, customer and/or prospective customer information, product features and plans, the marketing/sales collateral, pricing and financial
Page 32 of 180
Biller Agreement
Biller Agreement Rev 5.1.5
The complete Biller Agreement includes the Biller Order Form, the Biller T+C and this Agreement
Page | 2
information of the parties which are hereby deemed to be Invoice Cloud Confidential Information, or any other information that by its very
nature constitutes information of a type that any reasonable business person would conclude was intended by Invoice Cloud to be treated as
proprietary, confidential, or private (the “Confidential Information”). Biller agrees to secure and protect the Confidential Information in a
manner consistent with the maintenance of Invoice Cloud’s rights therein, using at least as great a degree of care as it uses to maintain the
confidentiality of its own confidential information, but in no event use less than reasonable efforts. Biller will not sell, transfer, publish,
disclose, or otherwise make available any portion of the Confidential Information of the other party to third parties (and will ensure that its
employee and agents abide by the requirements hereof), except as expressly authorized in this Agreement or otherwise required by applicable
law.
5. Billing. Invoice Cloud fees for the Service are provided on the Biller Order Form. Invoice Cloud's fees are exclusive of all taxes, levies, or
duties imposed by taxing authorities. Invoice Cloud may assess and/or collect such taxes, levies, or duties against Biller and Biller shall be
responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes based solely on Invoice Cloud's
income. All payment obligations are either auto debited from the Biller Bank Account or payable on receipt of invoice from Invoice Cloud,
and are non-cancellable, and all amounts or fees paid are non-refundable. Unless Invoice Cloud in its discretion determines otherwise, all fees
will be billed in U.S. dollars. If Biller believes Biller’s bill or payment is incorrect, Biller must provide written notice to Invoice Cloud within
60 days of the earlier of the invoice date, or the date of payment, with respect to the amount in question to be eligible to receive an adjustment
or credit; otherwise such bill or payment is deemed correct. Invoice Cloud reserves the right to modify pricing with respect to applicable fees
to be paid under this Agreement, at any time upon thirty days written notice to Biller: a) based on increases incurred by Invoice Cloud on
Network Fees from credit card processers, bank card issuers, payment associations, ACH and check processers; or b) if, during the Term, the
average credit card payment processed by Invoice Cloud for any three (3) consecutive month period exceeds 110% of the Average Credit Card
Transaction $ specified on the corresponding Invoice Parameter Sheet(s), to the extent that Invoice Cloud incurs increases in Network Fees.
Invoice Cloud, on at least 30 days written notice to Biller, may also increase any or all fees referenced in the Biller Order Form (including any
Invoice Parameter Sheets), by no more than the greater of CPI for the preceding period or 5%, provided, however, that such increase may not
apply during the first year after the execution date of the Biller Order Form and may not occur more than once per year thereafter.
6. Term and Termination. The initial term of this Agreement shall commence as of the execution date of the Biller Order Form and continue
for a period of five (5) years after the Go Live Date (“Initial Term”), and will automatically renew for each of additional successive three (3)
year terms (“Renewal Term”) unless terminated as set forth herein. “Term” as used herein shall mean the Initial Term and any Renewal Term.
This Agreement may be terminated by either party effective at the end of the Initial Term or any Renewal Term by such party providing written
notice to the other party of its intent not to renew no less than ninety (90) days prior to the expiration of the then-current term. Additionally,
this Agreement may be terminated by either party with cause in the event of a material breach of the terms of this Agreement by the other party
and the breach remains uncured for a period of 30 days following receipt of written notice by the breaching party. Upon any early termination
of this Agreement by Invoice Cloud as a result of breach, Biller shall remain liable for all fees and charges incurred, and all periodic fees owed
through the end of the calendar month following the effective date of termination. Upon any termination or expiration of this Agreement,
Biller’s password and access will be disabled and Biller will be obligated to pay the balance due on Biller’s account. Biller agrees that Invoice
Cloud may charge such unpaid fees to Biller’s Debit Account or credit card or otherwise invoice Biller for such unpaid fees.
7. Invoice Cloud Responsibilities. Invoice Cloud represents and warrants that it has the legal power and authority to enter into this Agreement.
Invoice Cloud warrants that the Service will materially perform the functions that the Biller has selected on the Biller Order Form and the
Statement of Work, attached hereto and incorporated herein by reference (the “Statement of Work”), under normal use and circumstances, and
that Invoice Cloud shall use commercially reasonable measures with respect to Customer Data to the extent that it retains such, in the operation
of the Service; provided, that the Biller shall maintain immediately accessible backups of the Customer Data (to the extent that Biller is
permitted pursuant to applicable law and PCI-DSS standards). In addition, Invoice Cloud will, at its own expense, as the sole and exclusive
remedy with respect to performance of the Service, correct any Transaction Data to the extent that such errors have been caused by Invoice
Cloud or by malfunctions of Invoice Cloud’s processing systems.
8. Limited Warranty. EXCEPT AS PROVIDED IN SECTION 7, THE SERVICE AND ALL CONTENT AND TRANSACTION DATA IS
PROVIDED WITHOUT ANY EXPRESS, OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE
HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INVOICE CLOUD AND ITS
LICENSORS AND PAYMENT PROCESSORS. INVOICE CLOUD AND ITS LICENSORS AND PAYMENT PROCESSORS DO NOT
REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR OPERATE
IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THAT THE SERVICE WILL NOT
EXPERIENCE DELAYS IN PROCESSING OR PAYING, OR (C) THE SERVICE WILL MEET REQUIREMENTS WITH RESPECT TO
SIZE OR VOLUME. Invoice Cloud's service may be subject to limitations, delays, and other problems inherent in the use of the internet and
electronic communications. Invoice cloud is not responsible for any delays, delivery failures, or other damage resulting from such problems.
9. Biller’s Responsibilities. Biller represents and warrants that it has the legal power and authority to enter into this Agreement. Biller is
responsible for all activity occurring under Biller’s accounts and shall abide by all applicable laws, and regulations in connection with Biller’s
and/or its customers’ and/or any payers’ use of the Service, including those related to data privacy, communications, export or import of data
and the transmission of technical, personal or other data. Biller represents and warrants that Biller has not falsely identified itself nor provided
Page 33 of 180
Biller Agreement
Biller Agreement Rev 5.1.5
The complete Biller Agreement includes the Biller Order Form, the Biller T+C and this Agreement
Page | 3
any false information to gain access to the Service and that Biller’s billing information is correct. Biller shall: (i) notify Invoice Cloud
immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Invoice
Cloud and immediately stop any copying or distribution of Content that is known or suspected to be unauthorized by Biller or Biller’s Users;
and (iii) obtain consent from Biller’s customers and payers to receive notifications and invoices from Invoice Cloud. Invoice Cloud is not
responsible for any Biller postings in error due to delayed notification from credit card processors, ACH, bank and other related circumstances.
Biller agrees and acknowledges that in the event that Biller has access to, receives from, creates, or receives protected health information, or
Biller has access to, creates, receives, maintains or transmits on behalf of electronic protected health information (as those terms are defined
under the privacy or security regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and
Subtitle D of the Health Information Technology for Economic and Clinical Health Act provisions of the American Recovery and Reinvestment
Act of 2009 (“ARRA”), during the performance under this Agreement, it will comply with all such law, regulations and rules related thereto.
Biller is required to ensure that it maintains a fair policy with regard to the refund, return or cancellation of payment for services and adjustment
of Transactions. Biller is also required to disclose all refund, return and cancellation policies to Invoice Cloud and any applicable payment
processors and Biller’s Customers, as requested. Any change in a return/cancellation policy must be submitted to Invoice Cloud, in writing,
not less than 21 days prior to the effective date of such change. If Biller allows or is required to provide a price adjustment, or cancellation of
services in connection with a Transaction previously processed, Biller will prepare and deliver to Invoice Cloud Transaction Data reflecting
such refund/adjustment within 2 days of resolution of the request resulting in such refund/adjustment. The amount of the refund/adjustment
cannot exceed the amount shown as the total on the original Transaction Data. Biller may not accept cash or any other payment or consideration
from a Customer in return for preparing a refund to be deposited to the Customer’s account; nor may Biller give cash/check refunds to a
Customer in connection with a Transaction previously processed by credit card, debit card, ACH, or other electronic payment method, unless
required by applicable law. Biller shall cooperate with Invoice Cloud to effect a timely Implementation by Biller allocating sufficient and
properly trained personnel to support the implementation process and fully cooperating with Invoice Cloud and by securing the cooperation of
Biller’s software and service providers and providing to Invoice Cloud the information required to integrate with Biller’s billing, CIS and other
applicable systems.
10. Indemnification. Invoice Cloud shall indemnify and hold Biller and Biller’s employees, attorneys, and agents, harmless from any losses,
liabilities, and damages (including, without limitation, Biller’s costs, and reasonable attorneys’ fees) arising out of: (i) failure by Invoice Cloud
to implement commercially reasonable measures against the theft of Customer Data; or (ii) its total failure to deliver funds processed by Invoice
Cloud as required hereunder (which relates to payments due from Invoice Cloud for Transaction data). This indemnification does not apply to
any claim or complaint relating to Biller’s failure to resolve a payment dispute concerning debts owed to Biller or Biller’s negligence or willful
misconduct or violation of any applicable agreement or law.
11. Fees.
Invoice Cloud will charge the Biller and/or payer, payment transaction and other fees as provided in the Biller Order Form. In addition, Invoice
Cloud will charge the fees set forth on the Biller Order Form for the initial platform setup, configuration, implementation and integration with
Biller system(s) of its standard Service as set forth in the Statement of Work (the “Implementation”). Invoice Cloud reserves the right to also
charge for changes and additions to the Implementation, and for any requests by Biller following the implementation which are agreed in
writing by the parties, including without limitation for the following services, at its then standard rates:
• Custom development and features which are not stated in the Statement of Work and Biller Order Form, and change requests and
modifications to existing platform functionality not stated in the Statement of Work and Biller Order Form;
• Additional integrations or integration modifications after the Go Live Date that are not provided for in the Biller Order Form or
Statement of Work;
• Changes to bill presentment (web and PDF templates), billing system integrations, and other Service components coded or configured
to Biller’s specifications after Biller has signed off on the relevant specification or Service is live;
• Custom data extracts and file requests that are not part of the Implementation signed off on by both parties; and
• Data conversion not listed in the Statement of Work, or repetitive re-loading of data due to Biller error.
12. Limitation of Liability. INVOICE CLOUD’S AGGREGATE LIABILITY SHALL BE UP TO AND NOT EXCEED THE GREATER
OF: (A) AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM BILLER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY
PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM; OR (B) THE TOTAL SUM PAID ON BEHALF OF OR TO INVOICE
CLOUD BY INVOICE CLOUD'S INSURERS IN SETTLEMENT OR SATISFACTION OF THE CLAIM GIVING RISE TO INVOICE
CLOUD’S LIABILITY UNDER THE TERMS AND CONDITIONS OF INVOICE CLOUD'S INSURANCE POLICIES APPLICABLE
THERETO. IN NO EVENT SHALL INVOICE CLOUD AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE
OR OTHER ECONOMIC ADVANTAGE) DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE,
EVEN IF THE PARTY FROM WHICH SUCH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Certain states and/or jurisdictions do not allow the exclusion of
implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above
may not apply to Biller.
Page 34 of 180
Biller Agreement
Biller Agreement Rev 5.1.5
The complete Biller Agreement includes the Biller Order Form, the Biller T+C and this Agreement
Page | 4
13. Export Control. The Biller agrees to comply with United States export controls administered by the U.S. Department of Commerce, the
United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies.
14. Notice. Either party may give notice by electronic mail to the other party’s email address (for Biller, that address on record on the Biller
Order Form) or by written communication sent by first class mail or pre-paid post to the other party’s address on record in Invoice Cloud’s
account information for Biller, and for Invoice Cloud, to Invoice Cloud, Inc., 30 Braintree Hill Office Park, Suite 101, Braintree, MA 02184
Attention: Client Services or helpdesk@invoicecloud.com. Such notice shall be deemed to have been given upon the expiration of 48 hours
after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email).
15. Assignment. This Agreement may not be assigned by either party without the prior written approval of the other party, but may be assigned
without such party’s consent to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in
violation of this section shall be void.
16. Insurance .
Invoice Cloud agrees to maintain in full force and effect during the Term of the Agreement, at its own cost, the following coverages:
a. Commercial General or Business Liability Insurance with minimum combined single limits of One Million ($1,000,000) each
occurrence and Two Million ($2,000,000) general aggregate.
b. Umbrella Liability Insurance with minimum combined single limits of Five Million ($5,000,000) each occurrence and Five Million
($5,000,000) general aggregate.
c. Automobile Liability Insurance with minimum combined single limits for bodily injury and property damage of not less than One
Million ($1,000,000) for any one occurrence, with respect to each of the Invoice Cloud’s owned, hired or non-owned vehicles assigned
to or used in performance of the Services.
d. Errors and Omissions Insurance (Professional Liability and Cyber Insurance) with limits of liability of at least One Million Dollars
($1,000,000) per claim and in the aggregate.
17. Immigration Laws. Invoice Cloud represents and warrants that it has complied and will comply with all applicable immigration laws
with respect to the personnel assigned to the Biller.
18. Beta Products. In the event that there is any functionality labelled “Beta” on the Biller Order Form, such functionality is provided “AS IS”
WITHOUT ANY EXPRESS, OR IMPLIED WARRANTY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARE HEREBY DISCLAIMED
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY INVOICE CLOUD AND ITS LICENSORS AND PAYMENT
PROCESSORS. INVOICE CLOUD’S AGGREGATE LIABILITY WITH RESPECT TO SUCH FUNCTIONALITY SHALL BE UP TO
AND NOT EXCEED $10.
19. General.
(a) With respect to agreements with municipalities, localities or governmental authorities, this Agreement shall be governed by the law of the
state wherein such municipality, locality or governmental authority is established, without regard to the choice or conflicts of law provisions
of any jurisdiction. With respect to Billers who are not with municipalities, localities or governmental authorities, this Agreement shall be
governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any
jurisdiction. No text or information set forth on any other purchase order, preprinted form or document (other than a Biller Order Form and any
add on Biller Order Form, if applicable), and no documentation (including any implementation planning documents) except as specifically
referenced in this Biller Agreement, shall modify, add to or vary the terms and conditions of this Agreement. If any provision of this Agreement
is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to
reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture,
partnership, employment, or agency relationship exists between Biller and Invoice Cloud as a result of this agreement or use of the Service.
The failure of either party to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless
acknowledged and agreed to by Invoice Cloud in writing. All rights and obligations of the parties in Sections 4, 6, 10, 12, 14, 18 and 19(a) and
(b) shall survive termination of this Agreement. This Agreement, together with any applicable Biller Order Form, comprises the entire
agreement between Biller and Invoice Cloud and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether
written or oral between the parties regarding the subject matter contained herein. Biller agrees that Invoice Cloud can disclose the fact that
Biller is a paying customer and the version of the Service that Biller is using. Where this Agreement is incorporated into, embedded in or
otherwise made a part of a separate agreement between Invoice Cloud, Biller and a third party service provider (“Third Party Agreement”), and
such Third Party Agreement is terminated or expires, Biller and Invoice Cloud agree that the terms and conditions of this Agreement shall
survive and remain in effect as between Biller and Invoice Cloud until this Agreement expires or is otherwise terminated by either Biller or
Invoice Cloud in accordance with the terms herein.
Page 35 of 180
Biller Agreement
Biller Agreement Rev 5.1.5
The complete Biller Agreement includes the Biller Order Form, the Biller T+C and this Agreement
Page | 5
(b) Additional terms and conditions and definitions applicable to this Agreement and the Biller Order Form are found at
www.invoicecloud.com/biller-terms-and-conditions (the “Biller T+C”) and are agreed to by Invoice Cloud and the Biller.
Page 36 of 180
Biller Order Form
SALES INFORMATION
IC Sales Rep Rich Plese Vertical Local Gov (Util, Tax, Misc)
Order Date 7/10/2024 rplese@invoicecloud.com Billing Software BS&A Software
BILLER INFORMATION
Ownership Type Government Phone 952-985-4400 Fax
Legal Name City of Lakeville Website URL https://www.lakevillemn.gov/
Address 1 20195 Holyoke Avenue Bus. Open Date 1967
Address 2 Federal Tax ID 41-6005304
City Lakeville *Federal Tax ID and Legal Name must match on all documents
State MN ZIP 55044 Array
BILLER CONTACT
Primary Contact Name Cheri Donovan
Phone 952-985-4488
Email Address cdonovan@lakevillemn.gov
SIGNING AUTHORITY
Name Luke Hellier Title Mayor
Phone 612-237-2551 Fax Email Address lhellier@lakevillemn.gov
BILLER BANK ACCOUNT (FOR INVOICE CLOUD AND NETWORK FEES, AND AS PROVIDED IN THE BILLER AGREEMENT)
Note: Must include voided business check or bank letter for each unique account
Billing Method Direct Debit
Routing # 091000022 Last 4 Acct # 7738
PAYMENT METHODS ACCEPTED
Payment Methods [VISA/Mastercard/Discover] [PayPal] [ACH/EFT]
BILLER PRICING (see Invoice Type Parameter Sheet(s) for invoice-type-specific pricing)*
Description Interval Cost Type Cost
Biller Portal Access Fee Monthly Fixed ($) $0.00
Credit Card - Chargeback Fee Submitter Per Transaction Fixed ($) $10.00
EFT - ACH Reject Fee Submitter Per Transaction Fixed ($) $10.00
PayPal Brands - Chargeback Fee (PayPal Brands) Per Transaction Fixed ($) $10.00
Invoice Presentment For Paperless Customers Per Transaction Fixed ($) $0.30
Online Bank Direct - OBD Access Fee Monthly Fixed ($) $0.00
HARDWARE
Card Reader Type Swipe Only Quantity 6 Cost per Reader $0.00
Page 37 of 180
Card Reader Magtek Reader (BS&A
Only) Billing Interval Monthly
Shipping Address
(if different than location
address)
DATA RETENTION
Months to Keep 24 *Additional Fees apply if greater than 24 months
IMPLEMENTATION CHARGES
Description Interval Cost
Implementation (per SOW) One-Time $0.00 (WAIVED)
NOTES/SPECIAL HANDLING
[signature page follows]
Page 38 of 180
CERTIFICATION AND AGREEMENT
A.By signing below, the Biller hereby ratifies its authorization for Invoice Cloud, Inc. ("Invoice Cloud") to execute debit/credit entries to the Biller Bank Account(s)
indicated above at the depository financial institution(s) named above and to debit/credit the same such account(s). The Biller acknowledges that the
origination of ACH transactions to its account(s) must comply with the provisions of U.S. law. This authority is to remain in full force and effect until (i) Invoice
Cloud has received written notification (by electronic or U.S. mail) from the Biller of its revocation in such time and manner as to allow Invoice Cloud a
reasonable opportunity to act on it, but not less than 10 business days notice; and (ii) all obligations of the Biller to Invoice Cloud that have arisen under this
Agreement and all other agreements have been paid in full. The Biller must also notify Invoice Cloud, in writing, (by electronic or U.S. mail) when a change in
Biller Bank Account account number(s) or bank has occurred at which time this authorization shall apply to such new/changed Biller Bank Account. This
notification must be received no less than 10 business days in advance of any change. A fee will be charged for any returned or rejected ACH debits.
B.By signing below, the Biller named: (1) has read, agreed to, ratifies the Biller Agreement, Biller T+Cs (referenced in the Biller Agreement) and other Order Forms
previously executed by the Biller, and (2) certifies to Invoice Cloud that he/she is authorized to sign this Order Form; (3) certifies that all information and
documents submitted in connection with this Order Form are true and complete; (4) authorizes Invoice Cloud or its agent to verify any of the information given,
including credit references, and to obtain credit reports ; (5) agrees to pay the Monthly Access Fee through the last day of the month following the effective
date of termination as provided in the Billing Agreement; (6) agrees that Biller and each transaction submitted will continue to be bound by the Order Form and
the Biller Agreement in its entirety and any new agreement forms executed herewith; (7) agrees that Biller will submit transactions only in accordance with the
information in this Biller Order Form and Biller Agreement and will immediately inform Invoice Cloud, by email (contracts@invoicecloud.com) if any information
in this Order Form changes, and (8) In the event of non-payment of any sums due, Invoice Cloud reserves the right to withdraw such sums from the Biller Bank
Account at any time to ensure payment of the same.
C.Pay by Text: Standard data rates and text messaging rates may apply based on the payer's plan with their mobile phone carrier. Payer can opt out of text
messaging at any time with Invoice Cloud. Partial payment or overpayment is not supported. Biller may not use the service for activities that violate any law,
statute, ordinance or regulation.
D.This Biller Order Form will become effective only when signed by Invoice Cloud.
In WITNESS WHEREOF, the parties have executed this Agreement as of this day
Accepted by Biller: Accepted by Invoice Cloud, Inc.:
X X
Corporate Officer/Authorized Official Corporate Officer
Luke M. Hellier Kevin W. O'Brien
Printed Name Printed Name
Mayor CEO
Title Title
Ann Orlofsky
City Clerk
Page 39 of 180
1
InvoiceCloud
Statement of Work
City of Lakeville, MN
Introduction
This Statement of Work (SOW) scopes the high-level integration overview for the City of Lakeville, MN
(Biller).
The InvoiceCloud (IC) suite of services (The Service) will give the Biller and its customers the ability to
accept electronic payments for invoiced and non-invoiced items. The Service will allow the Biller to offer
electronic payment processing in a securely hosted real-time environment. Customers will be able to locate,
view and print bills or invoices and payment records online and pay using credit cards, debit cards, digital
wallets, and electronic checks.
This SOW contains many products, services, and payment methods. Only the specific products, services
and payment methods selected by Biller, as outlined in the Biller Order Form for each Invoice Type, are
included in the delivery of products, services, and payment methods.
Definitions:
1. Biller – Merchant / City of Lakeville, MN
2. Payer – Client customer, resident, person paying a bill or invoice.
3. EBPP – Electronic Bill Presentment & Payment
4. Bill – Bill and Invoice are used synonymously throughout this document.
5. RTDR - Real-Time Data Refresh – collects and aggregates the data as soon as a user accesses a
specific function.
6. NTDR – Near-Time Data Refresh – integration that happens periodically; the data is collected
immediately but it is not aggregated until later – data can be processed every day, every hour or
even every few minutes.
7. EMV - EMV is a payment method based on a technical standard for smart payment cards and
for payment terminals and automated teller machines which can accept them. EMV stands for
"Europay, Mastercard, and Visa", the three companies that created the standard.
8. P2PE - Point-to-Point Encryption
1. Security and Industry Compliance
InvoiceCloud maintains full compliance with current applicable Payment Card Industry (PCI)
standards, Cardholder Information Security Program (CISP) regulations and National Automated
Clearinghouse Association (NACHA) rules and guidelines. InvoiceCloud will abide by such
guidelines for the security of all cardholder data that InvoiceCloud possesses.
a. PCI - InvoiceCloud will provide compliant storage of Biller’s customer payment information
that is certified by Visa/MasterCard. Data security measures are addressed during collection
and transmission via SSL with our patent pending encryption technology. All confidential
information will be treated in accordance with the PCI standards.
b. Software as a Service (SaaS) Architecture – All Biller customer financial and payment
information and the invoice presentment and payment processing application is housed offsite
from Biller.
c. Browser Compatibility - InvoiceCloud supports the most current version of the industry’s
most common browsers. Web browsers which do not support Transport Layer Security (TLS)
Page 40 of 180
2
versions 1.2 or 1.3 will be unable to connect to the InvoiceCloud platform. Unsupported
browsers include Internet Explorer running on Windows XP, Server 2003, and Vista
operating systems.
2. Data Integration
The integration(s) matrix for the Biller will include the functionality found in Appendix B.
3. EBPP Customer Portal
The Customer Portal is an electronic bill presentment and online payment portal (EBPP) where a
Biller’s customer (Payer) can view a bill and then proceed, within the same user interface, to make an
online payment.
a. InvoiceCloud will present bills electronically through a payer portal that is branded for Biller
or via an email notification, if the Payer provides an email address.
b. The electronic invoice presentment will simulate the paper invoice Biller uses and will be
available in PDF and/or html format.
c. The Service may provide the Payer the option of making a payment via credit/debit card,
digital wallet, or e-check (EFT/ACH).
d. The Service provides the Payer a one-time online payment option without registration, and
the capability to register to access Payer’s account history, schedule a payment, or set up
AutoPay payments.
e. A Payer will have the ability to choose their payment date (also known as scheduled
payments).
f. Payers will have the option to enroll in Pay by Text:
Provides interactive SMS registration and enrollment confirmation
Sends notification when new bills are available for viewing and payment
Allows for payment utilizing a stored-payment method (default payment method) or
payment via URL
g. The system will accept partial, full, or overpayments as defined by the Biller.
h. The Payer will register with the Service using the authentication method designated by Biller.
i. Linking Accounts - After registering with the Service, the Payer will be able to login into
their account(s). If the Payer has multiple accounts and uses the same authentication
information for all accounts, the Payer will be able to link their account and view from a
single registration. The Payer will then have the option to choose which account they would
like to pay or view in further detail.
j. The Payer will receive an email confirmation of payment after any payment process.
k. The Payer will have the ability to search and access historical bills once they register with the
Service. The Service will store twenty-four (24) months of rolling history from the point of
Biller’s first invoice file upload to the Service. This includes invoice history and account
history.
l. Payers who have scheduled a payment or registered for AutoPay will receive email
notification from the Service of pending payments.
m. The Service includes shopping cart functionality.
n. The Service will allow the Payer the option to elect paperless billing.
o. A Payer registered for paperless billing will be automatically placed back on paper billing if
their email address is undeliverable; notification of the Payer’s undeliverable email address
will be sent to Biller via email.
p. Billers will have the option to enable an in-line Donations Invoice Type:
Payers can make a one-time monetary donation to a particular fund, in addition to their
primary bill payment, which appears as a line item on the transaction receipt.
Page 41 of 180
3
Biller may choose from several configuration options including but not limited to, round
up, fixed amount, other donation amount, start and end date.
IC supports up to 10 unique donation invoice types with logo and informational text box.
Changes are made by request through the HelpDesk.
Transaction reporting is made available in the Biller Portal.
Biller may choose to deposit donation funds into a separate bank account.
d. Biller website online form URLs: Virtual site configuration allows for Biller specific URLs,
text and images on the landing page Welcome Message area and Right-Side Menu (right
menu not rendered in the mobile view).
4. Biller Portal
The Biller Portal is our comprehensive administrative portal where Biller staff will have access to
reporting, reconciliation, view SaaS product release notes and send feedback, customer profile
management tools, search real time payments, manage customer email templates, contact support,
sign up for training, and other general reporting functions.
Customer Profile – Management Tools (subject to applicable user permissions)
o Ability to assist a customer with payments using a new or saved payment method
o View 24-months billing and payment history, with PDF/HTML bill view
o Ability to enroll or modify customer enrollment in AutoPay, Paperless, Pay by Text, or
Recurring Scheduled Payments
o Login as Account Owner
o Re-send first email notifications, send on demand Pay by Text SMS
o Compatible with POSPay to facilitate EMV transactions, if available
o View summary Email History with send date and click through history
o View Customer History, including CSR activity on account
o Facilitate Password Reset
User Permissions – The Biller Portal includes a table of permissions for each individual User,
determined by the Biller’s System Administrator. Each permission is applied to a user ID on an
individual basis to maximize flexibility. The system administrator can allow or disallow access to
functions such as viewing data, creating reports, resending email notices, processing payments,
credits or refunds, editing email templates and more. Since it is controlled by Biller administrator,
changes can be made quickly on an as needed basis.
Maintenance Window – InvoiceCloud provides the option to create maintenance windows, which
are time spans in which users are not allowed to process transactions. If a payment attempt is
made during an active maintenance window, the user will be redirected to a page with a message
that the system is undergoing maintenance. Biller Portal users with sufficient permissions can
manage maintenance window timing and messages as needed. This includes an option to apply a
maintenance window to all customer-facing pages, when you need to go further than blocking
new payment attempts and restrict all customer access to InvoiceCloud (bill search, login,
browsing) during the time span provided. Two types of maintenance windows can be enabled:
o Daily Maintenance Window – a recurring maintenance window that runs daily during a
provided time span (from HH:MM to HH:MM).
o Scheduled Maintenance Window – a continuous maintenance window that runs during a
provided date range with start and end times (from DD/MM/YYYY at HH:MM to
DD/MM/YYYY at HH:MM).
5. Reporting
Page 42 of 180
4
The reports listed below are standard in the Biller Portal. They do not require any customization and
are available on demand. All reports can be scheduled by the user to be delivered by email with a
CSV file download. Available reporting may vary, depending on your billing system integration
method (batch vs real-time) or portal delivery method (InvoiceCloud direct vs Single Sign-On).
Please note that by selecting “All Rows” in a report, the user can schedule it for email delivery.
User can customize the report name and frequency.
Multiple email addresses can be added to receive reports.
All reports can be exported to Excel.
Page 43 of 180
5
General Reports:
Search Customers
Search Files:
o Adjustment Files
o Invoice Files
o Payment Files
Search Payments
AutoPay
Customers:
o Customer Conveyance
o Data Pump History
o Expiring Cards
o Pay by Text Registrations
Donations:
o Donors Report
o Donation Summary
Email:
o Email Change
o Email Do Not Send List
o Email Notification Summary
o Email Statistics
o Email Tracking
Invoices: Total Outstanding Invoices
Paperless:
o Paperless Billing
o Paperless Bounce
o Paperless Registration History
o Paperless
Payments:
o Daily Payments Received
o Monthly Summary
o Recurring Scheduled Payments
o Registration
o View Scheduled Payments
Custom Scheduled Reports:
Active Customers
Email Click Through from Current Month
Email Click through from Last Month
Inactive Customers
Outstanding Invoices
Paperless Customers with Address
Paperless Customers Email Address
Payment Details from last Month
Payment Details from Yesterday
Reconciliation Reports:
Batch:
o Open Batch
o Settled Batch History
Chargebacks
Deposit Reconciliation
Payment Reconciliation
EFT/ACH Rejects
EFT/ACH Support: EFT/ACH Reject
Codes
Product Reports:
Cloud Store:
o Biller Summary
o Consumer Summary
o Detail Export
o Payment Summary
o Transaction Detail
Online Bank Direct
o Deposits
o Pending Payments
o Processed Payments
o Reconciliation
o Returned Payments
o Reversals
o Unmatched Payments
Request System
o Search Requests
o Open Requests
o Configuration
Outbound Campaigns
Reports by Subscription (Email Recipients):
These reports are designed for Biller’s
individual users or distribution groups, who
want to receive updates, whenever the event is
triggered.
ACH Reject
AutoPay
Batch Close
Chase Retrieval Requests
Cloud Payments Receipts
Cloud Store Receipts
Cloud Burst Newsletter
Daily Management Report
Data Pump Error Summary
File Processing
Month End Billing Invoice
Online Bank Direct
Paperless Customer Email Bounce Daily
Report
Request System Notifications
Service Updates
Stratus Notifications
Page 44 of 180
6
6. Payer Email Notifications
The Service provides a set of customizable email notification templates for each invoice type that are
delivered for numerous events surrounding electronic invoice presentment and payment activity.
Email notifications may be customized through the Biller Portal using a Word style editor and options
to insert secure hyperlinks to website, links to electronic documents such as newsletter or bill inserts,
and/or variable fields selected from the Biller’s data file.
7. Implementation Process
InvoiceCloud assigns an Implementations Manager (IM) for each project. The IM will be the Biller’s
primary contact during the implementation process and coordinates all necessary resources from
Biller, Biller software company, InvoiceCloud, and any sub-contractors. The IM will provide the
Biller with the following documents to facilitate the project:
a. New Biller Questionnaire & Questionnaire Key – Documents critical information needed
to setup and initiate the service including information on business rules and feature selection.
b. Project Timeline – Details project schedule and milestones.
c. Testing & Training Plan – This plan walks the Biller through a set of user acceptance
testing criteria and facilitates training on the service.
8. Support
InvoiceCloud’s Client Services team is available to assist you Monday – Friday from 7:00 am –
8:00 pm Eastern Time, excluding holidays. You may submit a ticket (at any time) via Support
Central in your Biller Portal, or, during these hours, speak to a Product Specialist who will answer
questions, troubleshoot problems, and assist as needed to enable you to get the most from your
partnership with InvoiceCloud and your use of the Service. You will also be provided with a
special telephone number that you can use should you encounter an emergency after hours. We
use the following severity levels to guide our team:
• “Critical Severity” support issues are responded to within 1 hour and must be reported via
phone so we can most quickly troubleshoot with you. Examples of these issues include
unavailability of the InvoiceCloud portal, platform, integrations, or APIs, or a problem
that is severely adversely impacting your ability to use the platform.
• “High Severity” support issues are responded to within 2 hours and should be reported
via telephone or by emailing helpdesk@invoicecloud.com. Examples of these issues
include degraded performance of the InvoiceCloud platform or APIs, although the
portal and processing are still available.
• Other support issues are responded to by the next business day and should be reported
via telephone or by emailing helpdesk@invoicecloud.com. Examples include general
questions, feature requests, data pulls, multi-factor authentication resets, integration
troubleshooting, etc.
9. Success Manager
A Customer Success Manager (CSM) will be assigned to the client during the implementation. The
CSM is there to help ensure the Biller receives the maximum value from the platform and has an
internal advocate, adoption resource, and point of escalation if/when needed.
10. Biller Training
Biller staff will be guided in how to use the system through in-house training, documentation, remote
live sessions, and access to our client support team.
All standard training will be done remotely. InvoiceCloud’s training personnel will at
minimum provide sessions for Payer Portal, Biller Portal, and Reconciliation.
Page 45 of 180
7
Separate training is conducted for Biller’s technical staff regarding the uploading of bill files
and any other applicable processes.
Live Training Enrollment is available in the Biller Portal.
A library of pre-recorded training videos is also available in the Biller Portal.
11. Marketing
InvoiceCloud provides marketing support that our Billers can use to promote the EBPP and IC
payment solutions to its Payers, at no charge. InvoiceCloud’s marketing group will schedule a 1-hour
conference call to review InvoiceCloud’s recommended best practices for promoting the service.
Sample templates will be provided for each item and customizations can be made upon request. The
marketing collateral that InvoiceCloud provides may include:
Bill Inserts
Newsletters
Envelope Teasers
Pay Button Link
Posters with Acrylic Stands for Payment Counters
Business card sized take-away cards with QR code
Local cable/TV station announcement
12. IVR
CloudIVRConnect allows Billers to accept payments via our interactive voice response system, offering
payers 24-hour access to account balance and payment options.
Provides for a toll-free call and a caller ID number set by the Biller
Supports messaging in both English and Spanish
Additional languages may be scoped upon request
Provides for a customizable initial greeting (includes Biller name) – all remaining prompts are
standard
Ability to pay with credit card, debit card, or e-check (ACH)
Replays information with InvoiceCloud generated confirmation #
On Demand SMS URL, Cell Phone Number Authentication, Saved Payment Method, and
Email confirmation available configuration options.
13. AgentConnect
The IC AgentConnect allows Biller Users (Agent/CSR/Other) to login to the Customer Portal and
perform actions on behalf of a specific customer/account. The following options are available:
Ability to pay with credit card, debit card, or e-check (ACH)
Ability to enroll customer in AutoPay
Ability to enroll customer in Paperless
Ability to enroll customer in Pay by Text
Option to require authorization/disclosure statement before Customer Portal entry
Option to enable card swipe functionality at point of sale
Provides built-in auditing to track Agent/CSR activity in the Biller Portal
14. Cloud Store™
The IC Cloud Store allows Billers to accept payments for non-invoiced services like books, t-shirts,
etc., fire, police, building permits, or activity programs. The following options are available:
Accept electronic check and or credit/debit cards.
Page 46 of 180
8
Customer receives immediate email confirmation of payment.
Department receives email notification of purchase event for instant fulfillment services.
Linked to Biller branded payment portal.
Can be configured to accept POSPay transactions in the Biller Portal.
15. POSPay
The IC POSPay solution allows Billers to accept point-of-sale (POS) payments from customers using
chip cards (EMV), contactless devices (Apple Pay, Google Pay), and RFID-enabled cards (tap-to-pay).
POSPay terminals utilize point-to-point encryption (P2PE) for secure acceptance, tokenization, and
transmission of card data to complete transactions. InvoiceCloud offers both wired terminals (Ethernet)
for use at the counter and wireless handhelds (WiFi). POSPay can be integrated in Biller Portal for
EBPP and Cloud Store invoice types, or third-party applications using CloudPay v2.
16. Online Bank Direct™
The IC Online Bank Direct (OBD) allows Billers to electronically import e-check (ACH) payments
initiated from consumer bank bill sites. The following options are available:
Auto-matching of payments with open invoices
Email consumer a payment notification for those customers with an email address on file
Ability to apply a single payment to multiple invoices
Custom search capabilities to locate matching invoice(s)
Electronic deposit of corresponding e-checks
12. Outbound Campaigns
Outbound Campaigns is a multi-modal broadcast platform that allows Biller delivery of automated
Voice, SMS, and Email notices. Campaigns can be targeted to notify specific customers using
preferred contact methods and configurable messages. Campaigns can be queued for instant delivery
or scheduled to be sent out in the future. Whether you're sending out notifications for customer
support, emergency alerts or appointment reminders, Outbound Campaigns allows you to contact and
keep in touch with customers throughout their entire journey.
Page 47 of 180
9
This statement of work contains many products, services, and payment methods. Only the specific products,
services and payment methods selected by the Biller, as outlined in the Biller Order Form, are included in the
delivery of products, services, and payment methods.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
City of Lakeville, MN
Printed Name Luke M. Hellier
Title Mayor
Date
Signature
City of Lakeville, MN
Printed Name Ann Orlofsky
Title City Clerk
Date
Signature
InvoiceCloud, Inc.
Printed Name Kevin O’Brien
Title CEO
Date 7/10/2024
Signature
Page 48 of 180
10
Appendix A: System Modifications
As outlined below, InvoiceCloud has agreed to make the following changes to the setup and functionality
of our platform:
NONE
Page 49 of 180
11
Appendix B: CIS Integration Supported Features
Modules & Features
BS&A
PRODUCTS
Invoice Types Utilities
EBPP Supported
IVR Supported
Pay by Text Supported
Apple Pay Supported
Google Pay Supported
PayPal Supported
DATA EXCHANGE Method Frequency
Invoices SFTP Each Billing Cycle
Account Balances Web Services Real-Time (RTDR)
Payment Records Web Services Near-Time (Data Pump)
AutoPay Flags Web Services Near-Time (Data Pump)
Paperless Flags Web Services Near-Time (Data Pump)
Block Payment Method (Credit/ACH) Biller Portal As Needed
INVOICE FILES
IC Translates File Supported
Historical Data (24 months) Supported
BILL PRESENTMENT
PDF Extraction (Partial) Supported
Link to PDFs Preferred
BATCH CLOSE
Standard or Custom Custom
Page 50 of 180
12
Appendix C: CIS Biller Deliverables
Deliverable
Whitelist IP addresses and ports required for communication with InvoiceCloud
Sample Invoice File
Sample Adjustment File
Sample Payment File
Sample Images of Bills
AutoPay Conversion data if applicable
Paperless conversion data if applicable
Page 51 of 180
Date: 7/15/2024
Caslano Third Addition Final Plat
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving
the Caslano Third Addition final plat.
Overview
U.S. Home, LLC, d/b/a Lennar has submitted a final plat application for 67 single family lots, on
36.27 acres of land located south of 185th Street (CSAH 60) and west of Huntley Trail. This is
the final phase of the Caslano preliminary plat of 221 single family lots, which was approved by
the City Council on December 20, 2021. The Caslano final plat of 94 single family lots was
approved by the City Council on July 5, 2022 and the Caslano Second Addition final plat of 60
single family lots was approved by the City Council on March 4, 2024. The Caslano Third
Addition final plat is consistent with the approved preliminary plat and the final plat plans have
been reviewed by Engineering and Parks and Recreation staff.
The Developer requested a final plat recording deadline of April 1, 2025, which exceeds the
standard 180 days established in the Zoning Ordinance. The Developer intends to record the
final plat and begin construction in the spring of 2025. Community Development staff support
this request.
Supporting Information
1. Final Plat Resolution
2. Signed Development Contract
3. June 4, 2024 Planning and Engineering Reports
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Kris Jenson, Planning Manager
Page 52 of 180
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 24-______
RESOLUTION APPROVING THE FINAL PLAT OF CASLANO THIRD ADDITION
WHEREAS, the owner of the property described as CASLANO 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; 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 CASLANO THIRD ADDITION final plat is approved subject to the
development contract and security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development contract
and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
Page 53 of 180
2
ADOPTED by the Lakeville City Council this 15th day of July 2024.
CITY OF LAKEVILLE
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 15th day of July 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 54 of 180
1
231249v4 Caslano Third Addition
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
CASLANO THIRD ADDITION
CONTRACT dated ____________________, 2024, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and U.S. HOME, LLC, a Delaware limited liability company
(the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for CASLANO THIRD ADDITION (referred to in this Contract as the "plat"). The land is situated in the County
of Dakota, State of Minnesota, and is legally described as:
Outlot F, Caslano, Dakota County, Minnesota, according to the recorded plat thereof.
[to be platted as Caslano Third Addition, Dakota County, Minnesota.]
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 55 of 180
2
231249v4 Caslano Third 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 four (4) 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 56 of 180
3
231249v4 Caslano Third 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 57 of 180
4
231249v4 Caslano Third 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 58 of 180
5
231249v4 Caslano Third 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, 2025, 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 59 of 180
6
231249v4 Caslano Third 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 will be installed and maintained by the Developer.
The MS4 Administration Fee has not been collected on the parent parcel and will be paid by the
Developer with the final plat, calculated as follows.
$696,028 x 2% Grading Costs = $13,920.56
Grading Cost
Caslano Third Addition
2024 Rate MS4 Administration Fee
Caslano Third 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 60 of 180
7
231249v4 Caslano Third Addition
three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City
with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water
treatment/infiltration basins and swales, have been constructed on public easements or land owned by the
City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of
storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation
area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-
3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file
with the City and all erosion control measures are in place as determined by the City Engineer. The
Developer certifies to the City that all lots with house footings placed on fill have been monitored and
constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report,
including referenced development phases and lot descriptions, shall be submitted to the Building Official for
review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City
to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built
certificate of survey. Prior to the release of the required individual lot grading and erosion control security
that is submitted with the building permit, an as-built certificate of survey for single family lots must be
submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are
consistent with the approved grading plan for the development, and amendments thereto as approved by
the City Engineer, and that all required property monuments are in place. If the final grading, erosion control
and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the
cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built
survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person
who deposited the funds with the City.
Caslano Third Addition contains more than one acre of site disturbance, therefore a National
Pollution Discharge Elimination System (NPDES) General Stormwater Permit for construction activity from
Page 61 of 180
8
231249v4 Caslano Third Addition
the Minnesota Pollution Control Agency is required. 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 public 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.
19. STORM SEWER. The Developer shall construct a public stormwater management basin
located within Outlot A, Caslano Third Addition to provide treatment and rate control of stormwater runoff
Page 62 of 180
9
231249v4 Caslano Third Addition
generated from the site. The stormwater management design is consistent with the City’s stormwater
management ordinance.
The Developer shall construct public storm sewer systems within the subdivision to collect and
convey stormwater runoff generated from within the public right-of-way and lots to public stormwater
management basins located within Outlot C, Caslano and Outlot A, Caslano Third Addition.
Draintile construction is required in areas of non-granular soils within Caslano Third 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 parcel and will be paid with the final
plat, calculated as follows:
Storm Sewer Charge Summary
Gross Area of Caslano Third Addition 1,650,967 s.f.
Less Area of Outlot A (Wetland, Buffer, Stormwater Basin) (-) 392,005 s.f.
Less Area of Outlot B (Wetland, Buffer) (-) 180,321 s.f.
Less Area of Outlot C (Future Development) (-) 19,917 s.f.
Total Storm Sewer Charge Area = 1,058,724 s.f.
1,058,724 s.f. x $0.178/s.f. = $188,452.87
Net Area
Caslano Third Addition
2024 Unit Rate Storm Sewer Charge
Caslano Third Addition
The Developer is eligible for credit to the Storm Sewer Charge for conveying Outlots A and B
(wetland, buffer, greenway corridor and stormwater management basins) to the City, calculated as follows:
13.14 acres x $5,500/acre = $72,270.00
Area of Outlots A and B
Caslano Third Addition
Unit Rate Credit to Storm Sewer
Charge
Caslano Third 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 an existing stub located within Huntley Trail, south of the 185th Street
intersection.
Page 63 of 180
10
231249v4 Caslano Third Addition
Sanitary sewer was constructed by the City in 2023 (City Project 24-04) in partnership with Lennar
and Independent School District 194. The Developer shall reimburse the City $113,536.00 for its share of
the sanitary sewer improvements associated with Caslano Third Addition.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and shall be
paid by the Developer with the final plat, calculated as follows:
67 units x $327.00 = $21,909.00
Total Units
Caslano Third Addition
2024 Unit Rate Sanitary Sewer
Availability Charge
Caslano Third Addition
21. WATERMAIN. The Developer shall construct and extend 8-inch public watermain within
Caslano Third Addition from existing stubs located within Huntley Trail, a) south of the 185th Street
intersection, and b) north of the 188th Street intersection.
Watermain was constructed by the City in 2023 (City Project 24-04) in partnership with Lennar and
Independent School District 194. The Developer shall reimburse the City $110,577.77 for its share of the
watermain improvements associated with Caslano Third Addition.
22. 185TH STREET IMPROVEMENTS (CITY PROJECT 24-04). The Developer shall
reimburse the City $313,875.00 for its share of the 185th Street roadway improvements associated with
Caslano Third Addition.
23. HUNTLEY TRAIL IMPROVEMENTS (CITY PROJECT 24-04). The Developer shall
reimburse the City $205,666.38 for its share of the Huntley Trail roadway improvements associated with
Caslano Third Addition.
24. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and
street construction will be restricted to a single location and determined during the final construction plan
review.
25. PARKS, TRAILS, AND SIDEWALKS. The Developer shall construct public trails within
Outlots A and B, Caslano Third Addition. The Developer is eligible for a $46,500.00 credit (100% of
estimated trail construction costs) to the Park Dedication Fee for the trails within Outlots A and B.
Page 64 of 180
11
231249v4 Caslano Third Addition
The Developer shall install 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 parcel and will be satisfied
through a cash contribution by the Developer with the final plat, calculated as follows:
67 units x $5,774.00 = $386,858.00
Total Units
Caslano Third
Addition
2024 Unit Rate Park Dedication Fee
Caslano Third Addition
26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer
shall pay a cash fee of $3,725.00 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:
67 units x $40.48/unit = $2,712.16
Total Units
Caslano Third
Addition
2024 Rate Streetlight Operating Fee
Caslano Third 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:
67 units x $59.16/unit = $3,963.72
Total Units
Caslano Third Addition
2024 Rate Environmental
Resources Fee
Caslano Third Addition
28. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser
shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must
be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public
nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation
or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and
burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-
of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of
Page 65 of 180
12
231249v4 Caslano Third Addition
the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60)
days after a home has received a certificate of occupancy. Before a building permit is issued, a cash
escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping
requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform
the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the
escrow funds, without interest, less any draw made by the City, shall be returned to the person who
deposited the funds with the City. Ash trees on the site were observed to be infested with emerald ash
borer and must be removed, refer to ordinance 4-4: Shade Tree Pest Control. The removal of ash trees
from the proposed outlots is to be completed prior to release of the landscape escrow. A site walkthrough
with City Forestry staff will be required to confirm completion. The removal of ash trees does not require
replacement planting as part of the approved tree preservation plan, as the ash trees were determined to
be infested, in decline, or dead. All trees shall be warranted to be alive, of good quality, and disease free
for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from
the time of planting. The Developer or property owner is responsible for contacting the City when all the
landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released
when all the landscaping has been installed and inspected by City staff and the remaining fifty percent
(50%) will be released one year after the landscaping inspection and any warranty work has been
completed.
29. BUFFER YARD BERM/LANDSCAPE SCREEN. 185th Street (CSAH 60) is classified as
a minor arterial roadway; therefore, buffer yard and screening requirements apply to Lots 1-9, Block 1 and
Lot 1, Block 2, Caslano Third Addition. The Developer shall install a buffer yard containing earth berms
and/or plantings of sufficient density to provide a visual screen and reasonable buffer a minimum of ten
(10) feet in height, in accordance with the approved landscape plan. A certified as-built grading plan of
the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer
yard plantings. The Developer shall provide security in the amount of $216,400.00 for the buffer yard
Page 66 of 180
13
231249v4 Caslano Third Addition
landscaping and landscaping required under Paragraph 28 of the Agreement at the time of recording the
final plat.
The Developer shall provide an escrow to the City in the amount of $1,000.00 with issuance of the
building permit for Lots 1-9, Block 1 and Lot 1, Block 2, Caslano Third Addition to ensure that the buffer
yard is sodded to the trail along 185th Street.
30. WETLANDS. The wetland replacement plan for the Caslano preliminary plat was approved
on August 13, 2021. No additional wetland impacts are proposed with Caslano Third Addition. The
Developer is responsible for the installation of fifteen (15) Natural Area Signs along wetlands and buffers.
Final locations must be reviewed by City staff prior to installation
31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the June 4, 2024, Planning Report, and June
4, 2024, Engineering Report.
B. Before the City signs the final plat, the Developer shall convey Outlots A and B to the City by
warranty deed, free and clear of any and all encumbrances.
C. The Developer shall place barricades and a “Future Street Extension” sign at the west terminus
of Hyannis Way.
D. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $7,000.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 70
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.
Page 67 of 180
14
231249v4 Caslano Third Addition
E. The Developer shall pay a cash fee for the preparation of addressing, property data, and City
base map updating. This fee is $90.00 per lot/outlot for a total charge of $6,300.00.
F. The Developer shall be responsible for the cost of street light installation consistent with a street
lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a
security for street light installation consistent with the approved plan. The estimated amount of
this security is $17,000.00 and consists of thirteen (13) post-top streetlights at $1,200.00, and
one (1) mast arm lights at $1,400.00 each.
G. The Developer is required to submit the final plat in electronic format. The electronic format shall
be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading,
utilities, streets) shall be in electronic format in accordance with standard City specifications.
32. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special assessments,
payment of the costs of all public improvements, and construction of all public improvements, the Developer
shall furnish the City with a cash escrow, or letter of credit, in the form attached hereto, from a bank
("security") for $3,775,723.37. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer $475,452.00
B. Watermain 478,804.50
C. Storm Sewer/Draintile 701,561.27
D. Streets 970,359.05
E. Erosion Control/Stormwater Basins,
Restoration, Grading Certification 637,377.50
CONSTRUCTION SUB-TOTAL $3,263,554.32
OTHER COSTS:
A. Developer’s Design (3.0%) $70,309.32
B. Developer’s Construction Survey (2.5%) 58,591.10
C. City Legal Expenses (Est. 0.5%) 11,718.22
Page 68 of 180
15
231249v4 Caslano Third Addition
D. City Construction Observation (Est. 5.0%) 117,182.19
E. City Record Drawings (0.5%) 11,718.22
F. Natural Area Signs 2,250.00
G. Landscaping 216,400.00
H. Streetlights 17,000.00
I. Lot Corners/Iron Monuments 7,000.00
OTHER COSTS SUB-TOTAL $512,169.05
TOTAL SECURITIES: $3,775,723.37
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without notice
if the security is allowed to lapse prior to the end of the required term. If the required public improvements
are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it
down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon
receipt of proof satisfactory to the City that work has been completed and financial obligations to the City
have been satisfied, with City approval the security may be reduced from time to time by ninety percent
(90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by
the Developer's engineer shall be retained as security until all improvements have been completed, all
financial obligations to the City satisfied, the required "as constructed" plans have been received by the City,
a warranty security is provided, and the public improvements are accepted by the City Council. The City’s
standard specifications for utility and street construction outline procedures for security reductions.
33. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. City Project 24-04 Roadway Improvements $519,541.38
B. Park Dedication 386,858.00
C. City Project 24-04 Sanitary Sewer Improvements 113,536.00
D. Sanitary Sewer Availability Charge 21,909.00
Page 69 of 180
16
231249v4 Caslano Third Addition
E. City Project 24-04 Watermain Improvements 110,577.77
F. Storm Sewer Charge 188,452.87
G. MS4 Administration Fee 13,920.56
H. Traffic Control Signs 3,725.00
I. Street Light Operating Fee 2,712.16
J. Environmental Resources Expenses 3,963.72
K. Property Data and Asset/Infrastructure Management Fee 6,300.00
L. City Engineering Administration
(3% for letters of credit) 97,906.63
TOTAL CASH REQUIREMENTS $1,469,403.09
CREDITS TO CASH REQUIREMENTS
Park Dedication Credit (Trails in Outlots A and B) $46,500.00
Storm Sewer Credit (Outlot A) 72,270.00
SUBTOTAL – CREDITS TO CASH REQUIREMENTS $118,770.00
TOTAL CASH REQUIREMENTS $1,350,633.09
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
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
Page 70 of 180
17
231249v4 Caslano Third Addition
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
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
Page 71 of 180
18
231249v4 Caslano Third Addition
advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a
Court order for permission to enter the land. When the City does any such work, the City may, in addition to
its other remedies, assess the cost in whole or in part.
37. FORCE MAJEURE. If Developer is delayed at any time in progress of the plat by acts of
God, casualty, insurrection, strikes, war, terrorism, lockouts, pandemic, governmental order (including
health orders), labor disputes, adverse weather conditions which could not reasonably be anticipated,
or any causes, acts, or occurrences beyond Developer’s control (financial inability excluded)
(collectively, “Force Majeure Items”), then the commencement date and completion dates (without
adjustment to the Development Contract sums) shall be extended for such reasonable time as the Force
Majeure Items continue.
38. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to
issuance of any building permits, except three (3) model homes on lots acceptable to the Building
Page 72 of 180
19
231249v4 Caslano Third Addition
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
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.
Page 73 of 180
20
231249v4 Caslano Third Addition
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
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
Page 74 of 180
21
231249v4 Caslano Third Addition
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
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.
Page 75 of 180
22
231249v4 Caslano Third Addition
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.
39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: 16305 36th Avenue North, Suite 600, Plymouth, Minnesota 55446. Notices to the City
shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by
certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke
Avenue, Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
Page 76 of 180
23
231249v4 Caslano Third 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 77 of 180
Page 78 of 180
25
231249v4 Caslano Third Addition
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
DRP MN 1, LLC, a Delaware limited liability company, fee owners of all or part of the subject property,
the development of which is governed by the foregoing Development Contract, affirm and consent to the
provisions thereof and agree to be bound by the provisions as the same may apply to that portion of the
subject property owned by them.
Dated this _____ day of ____________, 2024.
DRP MN 1, LLC
By: ______________________________________
Brian Clauson
Its: Authorized Signatory
STATE OF ______________ )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2024, by
Brian Clauson, the Authorized Signatory of DRP MN 1, LLC, a Delaware limited liability company, on behalf
of said entity.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/smt
Page 79 of 180
1
City of Lakeville
Community Development Department
Memorandum
To: Tina Goodroad, Community Development Director
From: Kris Jenson, Planning Manager
Date: June 4, 2024
Subject: Caslano Third Addition Final Plat
Application Action Deadline: July 30, 2024
INTRODUCTION
U.S. Home, LLC, d/b/a Lennar, has submitted an application and plans for the final plat of
Caslano Third Addition, which includes 67 single family lots located south of 185th Street (CSAH
60) and west of Huntley Trail. This is the third and final phase of the preliminary plat of 221
single family lots that was approved by the City Council on December 20, 2021. The Caslano
final plat of 94 single family lots was approved by the City Council on July 5, 2022 and the
Caslano Second Addition final plat of 60 single family lots was approved by the City Council on
March 4, 2024. The lot, block and street design of the Caslano Third 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. Location Map
B. Approved Preliminary Plat
C. Final Plat
PLANNING A NALYSIS
Existing Conditions. The Caslano Third Addition final plat area consists of one parcel, which
has undergone tree removal.
Zoning. The parcels along Huntley Trail – Lots 1-8, Block 2, Lots 1-3, Block 6, and Lots 1-5,
Block 7 – are zoned RS-3, Single Family residential. The remaining lots – Lots 1-9, Block 1, Lots
Page 80 of 180
2
1-17, Block 3, Lots 1-20, Block 4, and Lots 1-5, Block 5 – are zoned RS-4, Single Family
Residential District. Single family homes are a permitted use within the RS-3 and RS-4 Districts.
Lot Area. Single family lots within the RS-3 District are required to provide a minimum lot area
of 11,000 square feet for interior lots and 12,500 square feet for corner lots. Single family lots
within the RS-4 District are required to provide a minimum lot area of 8,400 square feet for
interior lots and 10,200 square feet for corner lots. The area of the 16 lots that are zoned RS-3 and
the 51 lots that are zoned RS-4 in the final plat meet the minimum square footages required.
Lot Width/Depth. The minimum lot width for single-family lots within the RS-3 District is 85
feet for interior lots and 100 feet for corner lots. The minimum lot width for single-family lots
within the RS-4 District is 70 feet for interior lots and 85 feet for corner lots. The minimum
buffer yard lot width for the RS-3 lot adjacent to 185th Street is 110 feet while the minimum
buffer yard depth for those RS-4 lots backing to 185th Street is 150 feet. All lots meet the
minimum lot width/depth requirements.
Setbacks. Setback requirements for single family lots in the RS-3 and RS-4 Districts are outlined
below:
District Front Side (Interior) Side (Corner) Rear Buffer
RS-3 30 feet 10 feet 20 feet 30 feet 30 feet, side
RS-4 20 feet house
25 feet garage
7 feet 20 feet 30 feet 50 feet, rear
The proposed building pads meet the minimum setback requirements for interior and corner
lots.
Development Density. The Caslano Third Addition final plat consists of 67 single family lots on
35.45 acres, for a gross density of 1.89 units per acre. Removing outlots A and B leaves 22.35
acres to be developed, resulting in a net density of 3.0 units per acre.
Outlots. There are three outlots proposed with the Caslano Third Addition final plat.
Outlot A is 9.0 acres in area and will be deeded to the City with wetland, buffer, greenway
corridor, and stormwater management basins.
Outlot B is 4.14 acres in area and will be deeded to the City with wetland, buffer, and greenway
corridor.
Outlot C is 0.46 acres in area and will be retained by the Developer for future development.
Access. The construction access point for Caslano Third Addition will be determined by the
Engineering Division during the final construction plan review.
Streets & Right-of-Way. Caslano Third Addition is adjacent to or will include the construction
of the following streets:
Page 81 of 180
3
185th Street (CSAH 60) is located along the north plat boundary of the Caslano Third Addition
final plat and is classified as a minor arterial in the Comprehensive Transportation Plan. The full
right-of-way width was dedicated with the Caslano final plat. Construction of 185th Street
between Dodd Boulevard (CSAH 9) and Highview Avenue was completed last year. Driveway
access to 185th Street from lots within the Caslano Third Addition final plat is prohibited.
Huntley Trail will be a 32-foot-wide residential street within a 60-foot-wide right of way with a
sidewalk on the west side of the street, extended south from its current terminus just south of the
entrance to Highview Elementary School. Huntley Trail provides a full access intersection with
185th Street to the north and will connect to the existing Huntley Trail in the Chokecherry Hills
4th Addition development.
Huxford Place 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.
Hyannis Way will be a local, 32-foot-wide residential street within a 60-foot-wide right of way.
The street will end at the west plat boundary and have a sidewalk on one side of the street. The
Developer must place barricades and a “Future Street Extension” sign at the end of the street.
Hythe Lane 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.
Trails. A trail will be constructed within Outlots A and B that will connect on the north end to
the existing trail along the south side of 185th Street. The south end of the new trail segment will
connect to an existing trail adjacent to the southeast corner of the plat. The Developer is eligible
for a credit to the park dedication fees for Caslano Third Addition. See the June 4, 2024
Engineering memo for additional information.
Buffer Yard and Site Landscaping. Eight single family lots back up to and one lot has a side yard
adjacent to 185th Street and require buffer yard landscaping. About 25% of the proposed trees
proposed to be planted are a mix of evergreen trees to be planted within the buffer yards, while
the remainder will be located along the stormwater pond in Outlot A and on the lots within the
development. A security of $216,400 must be submitted with the final plat for the buffer yard and
site landscaping. In addition, a $1,000 per lot escrow is required with the building permit for Lots
1-8, Block 1 for the installation of sod in the rear yard to the edge of the trail along 185th Street
and with Lot 1, Block 2 for the installation of side in the side yard to the edge of the trail along
185th Street.
Park Dedication. A cash contribution of $386,858 is required with the final plat to satisfy the
Park Dedication requirement for Caslano Third Addition. Please see the June 4, 2024
engineering report for more details.
Tree Preservation. Tree removal within the Caslano Third Addition plat boundary was
completed earlier this year, in conjunction with the grading of the property.
Page 82 of 180
4
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 June 4, 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 June 4,
2024 engineering report.
RECOMMENDATION
The Caslano Third Addition final plat is consistent with the approved preliminary plat and
complies with the requirements of the Zoning and Subdivision Ordinances. Community
Development Department staff recommends approval of the Caslano Third Addition final plat
subject to the following conditions:
1. The recommendations listed in the June 4, 2024 engineering report.
2. Outlots A and B must be deeded to the City with the Caslano Third Addition final plat.
3. 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.
4. The developer shall pay $386,858 in park dedication fees with the final plat.
5. A security of $216,400 must be submitted with the final plat for buffer yard landscaping of
Lots 1-8, Block 1 and Lot 1, Block 2 as well as for general site landscaping.
6. A $1,000 escrow must be submitted with the building permits for Lots 1-8, Block 1 and Lot 1,
Block 2 to ensure that the buffer yard is sodded to the trail along 185th Street.
7. Barricades and a “Future Street Extension” sign are required at the west terminus of Hyannis
Way.
Page 83 of 180
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
City of Lakeville
Caslano Third Add
Final Plat
Location Map
EXHIBIT A
DODD B OUL E VAR D (C S AH 9 )185TH ST (CSAH 60)
188TH ST
189TH ST
187TH ST
183
R
D
S
THID
E
AWAY TR
Final Plat
Area
King Park
HUXLEY AVEHighview
Elementary
190TH ST
Page 84 of 180
OUTLOT D
OUTLOT E
OUTLOT A
OUTLOT H
OUTLOT B
OUTLOT C
OUTLOT G
OUTLOT F
1617
154
92
10131211 91415
152
151
153
101
93 94 95
96
97
98
99
100
171
164
165
166
167
168
169
200
192
178
177
176
175 174
173
172
170
132
216
215
218
219
220
221
217
206
207
208
209
8 127262524232878708079221092018234567731311087776757172
119118
117
116115114113112111110130128
122
129
107
106
147
145
150
148
146
105
104
103
120
127
126
125
124
123
121
8182
83
84
85
86
87
88
89
90
91
135
134
133
139
136
138
137
140
143
141
142
144
149
155 156 157 158 159 160 161
185
214
163
210
211
212
213
1921 65 40 53 525455565759436062515049484746454442293031323334353637383941696766646361586874
186 188 1
9
1
204
202
203
187 189 190
201
205
162
184
183
182
181
180
179
199
198
197
196
195
194
193
102
S00°18'45"E 1306.20S89°52'44"E 882.80 S01°00'25"E 2659.53N89°36'06"W 1306.28
N89°42'47"W 1334.39N00°31'33"W 1308.87S89°36'06"E 899.29 N52°46'20"E 546.97N00°46'01"W 1948.66N47°47'16"E 549.87NE CornerSec. 17-114-20Found 3" Alum DiskC.S.A.H. NO. 9See Sheet 12See Sheet 13See Sheet 14See Sheet 15See Sheet 1633Centerline C.S.A.H. No. 9(Dodd Blvd)N. Line - NE 1/4Sec. 17-114-20 E. Line - NE 1/4Sec. 17-114-20HIGHVIEW AVENUEHIGHVIEW AVENUEHIGHVIEW AVENUEHUNTLEY TRAILHUNTLEY TRAILHUNTLEY TRAILHIDEAWAY TRAIL HIDEAWAY TRAILROAD AROAD A ROAD AROAD AROAD BROAD BROAD B
ROAD
CROAD DROAD FROAD E
ROAD ERO
A
D
E
300' Shoreland Boundary300' Shoreland Boundary 300' Shoreland Boundary 80.0066.0060.00 60.00
300' Shoreland Boundary
60.0060.0
0
60.0060.00
300' Shoreland Boundary
60
.
0
0
300' Shoreland Boundary
300' Shoreland Boundary
50' Creek Setback
300' Shoreland Boundary
50' Creek Setback
65' Creek Setback
185TH STREET 66.0025303 PPLATDATEREVISION SCHEDULEDESCRIPTIONBYSHEETTITLEPROJECTWITHOUT PRIOR WRITTEN CONSENT.INC. AND MAY NOT BE USED, COPIED OR DUPLICATED THIS DOCUMENT IS THE PROPERTY OF I & S GROUP,PROJECT NO.FILE NAMEDESIGNED BYORIGINAL ISSUE DATEDRAWN BYCLIENT PROJECT NO.REVIEWED BYFILE LOCATION: S:\PROJECTS\25000 PROJ\25300-25399\25303 STREEFLAND PROPERTY - LENNAR - LAKEVILLE MN\25303 CIVIL-SURVEY\SURVEY PRODUCTION DRAWINGS\25303 PPLAT.DWG
1OFLAKEVILLEMINNESOTA9-KH--08/18/2121-25303---- ---- 9EXISTING LEGAL DESCRIPTION:(Per File No. NCS-1062735-MPLS)Parcel 1:The East Half of the Northeast Quarter, EXCEPT the East 33 feet thereof; and also EXCEPT that partthereof lying North and West of Dodd Road, Section 17, Township 114, Range 20, Dakota County,Minnesota, according to the Government Survey thereof.Parcel 2:The Northwest Quarter of the Southeast Quarter of Section 17, Township 114, Range 20, Dakota County,Minnesota, according to the Government Survey thereof.Parcel 3:That part of the West Half of the Northeast Quarter of Section 17, Township 114, Range 20, described asfollows to-wit: Commencing at the Southeast corner of the West Half of the Northeast Quarter of saidSection 17, thence West 440 feet, thence Northeasterly to a point on the east line of the West Half of theNortheast Quarter of said Section 17, which point is 334 feet North of the point of beginning, thence South tothe point of beginning, Dakota County, Minnesota, according to the Government survey thereof.OWNERS / DEVELOPERS: SURVEYOR:Lennar ISG16305 36th Avenue North7900 International Drive Suite 550Plymouth, MN 55446Bloomington, MN 55425(952)-426-0699EXISTING PROPERTY:ZONED:RS-3RS-4RS-4 Shoreland OverlayAREAS:OUTLOT A = 481,833 SQ. FT. = 11.06 ACRES OUTLOT B = 1,346 SQ. FT. = 0.03 ACRESOUTLOT C = 531,236 SQ. FT. = 12.20 ACRES OUTLOT D = 57,121 SQ. FT. = 1.31 ACRESOUTLOT E = 12,305 SQ. FT. = 0.28 ACRES OUTLOT F = 284,972 SQ. FT. = 6.54 ACRESOUTLOT G = 178,795 SQ. FT. = 4.10 ACRESOUTLOT H = 19,912 SQ. FT. = 0.46 ACRESRIGHT OF WAY DEDICATION:DODD BLVD = 45,570 SQ. FT. = 1.05 ACRESHIGHVIEW AVENUE = 132,979 SQ. FT. = 3.05 ACRES185TH STREET = 297,931 SQ. FT. = 6.84 ACRESESTIMATED PERCENTAGE IMPERVIOUS SURFACE AREA WITHIN 300' OF CREEK:NORTH STREAM = 1.0 ACRE (7.2%)SOUTH STREAM = 6.6 ACRES (13.6%)CASLANO 0SCALE IN FEET150 300CASLANOLENNARLIC. NO.DATEPROFESSIONAL ENGINEER UNDER THE LAWS OF THESTATE OF MINNESOTA.I HEREBY CERTIFY THAT THIS PLAN, SPECIFICATION ORREPORT WAS PREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULY LICENSEDPRELIMINARY NOT FOR CONSTRUCTION PRELIMINARY NOT FOR CONSTRUCTION
PLOT DATE: 12/13/2021 2:27 PM
MARK A. SCHWANZ45817LEGENDIron Monument FoundIndicates Proposed Right of WayLocated Outside of Property BoundaryIndicates Proposed Outlot AreaLocated Outside of Property BoundarySheet Locator IndexOrientation of this bearing system is basedupon the north line of the Northeast Quarterof Section 17-114-20. Said line bears South89 degrees 52 minutes 44 seconds East.PRELIMINARY PLAT(OVERALL) 71EXHIBIT BPage 85 of 180
OUTLOT A1123456789123411234561N00°31'33"W 1129.66 L=730.47R=5794.50Δ=7°13'22"N83°30'46"E 176.81L=404.61R=5665.50Δ=4°05'31"S00°18'45"E 404.88 WET LANDWWWWWWWWWW
W
W
W
WW
W
W
W150.01 L=86.09Δ=0°51'05"L=85.00Δ=0°49'09"L=69.28Δ=0°41'06"L=71.08Δ=0°41'06"L=69.28Δ=0°41'06"N01°28'39"W 150.01L=71.08Δ=0°41'06"L=69.28Δ=0°41'06"N02°09'45"W 150.02L=71.08Δ=0°41'06"L=69.28Δ=0°41'06"N02°50'51"W 150.03L=71.08Δ=0°41'06"L=69.28Δ=0°41'06"N03°31'57"W 150.04L=71.08Δ=0°41'06"L=69.28Δ=0°41'06"N04°13'04"W 150.05L=71.08Δ=0°41'06"L=84.08Δ=0°49'53"22.62129.91L=45.87Δ=0°26'31"N02°08'23"E 109.80
29.04N21°42'15"EL=65.85Δ=20°57'29.65S62°13'49"WS83°11'32"W 105.0275.56N13°48'29"W84.9586.33 L=130.01Δ=1°14'26"L=84.39Δ=0°48'19"N01°55'08"W 130.98 L=69.71Δ=0°39'55"N02°35'02"W 133.12 L=69.71Δ=0°39'55"L=69.71Δ=0°39'55"N03°54'52"W 167.44
L=69.71Δ=0°39'55"N04°34'46"W 130.00
L=8.41Δ=0°04'49"L=196.92R=120.00Δ=94°01'17"N02°08'20"E 152.53L=71.08R=5944.32Δ=0°41'06"L=559.48R=5974.50Δ=5°21'56"L=246.15R=150.00Δ=94°01'17"L=160.01Δ=1°32'04"L=399.47Δ=3°49'52"N89°41'19"E 148.5559.16
48.5
1S19°
0
9
'
2
3
"
W
L=132.26Δ=1°20'17"111.2585.00N89°41'15"E 148.9485.00
85.00N89°41'15"E 149.3385.00
85.00
85.00
N89°41'15"E 149.33L=272.31Δ=2°50'30"WETWETWETWETWETWETWETWET
WET WET
WET
WET
W
E
T WETWETWETWETWET
WET
WETWETWET2W.Line - Outlot F
L=295.38R=180.00Δ=94°01'17"L=127.32Δ=40°31'35"L=21.36Δ=6°47'56"L=61.47Δ=19°33'54"N85°17'26"W 70.0730.01 N00°06'26"W 149.99N00°47'33"W 150.0030.01
N00°18'45"W 404.88
S00°02'49"E 372.87S00°02'49"E 372.87
SEC. 17, TWP.114N, RGE. 20WS
I
T
E VICINITY MAP(NOT TO SCALE)Dakota County, MinnesotaCASLANO THIRD ADDITION SHEET 1 OF 2 SHEETSCITY COUNCIL, CITY OF LAKEVILLE, STATE OF MINNESOTAThis plat of CASLANO THIRD ADDITION, was approved by the City Council of Lakeville, Minnesota, this_______ day of ___________________, 20_____, and hereby certifies compliance with all requirements asset forth in Minnesota Statutes, Section 505.03, Subd. 2.______________________________________ ______________________________________MayorClerkCOUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that in accordance with Minnesota Statutes, Section 505.021 Subd. 11, this plat has beenreviewed and approved this _______ day of ___________________, 20_____.______________________________________Todd B. Tollefson, Dakota County SurveyorINSTRUMENT OF DEDICATIONKNOW ALL PERSONS BY THESE PRESENTS: That DRP MN 1, LLC, a Delaware limited liabilitycompany, owner of the following described property:Outlot F, Caslano, City of Lakeville, Dakota County, Minnesota.Has caused the same to be surveyed and platted as CASLANO THIRD ADDITION and does herebydedicate to the public, for public use, the public ways and the drainage and utility easements ascreated by this plat.In witness whereof said DRP MN 1, LLC, a Delaware limited liability company, has caused thesepresents to be signed by its proper officer this _______ day of ___________________, 20_____.Signed: DRP MN 1, LLC, a Delaware limited liability companyBy __________________________________________Its __________________________________________State of ____________________________County of ____________________________This instrument was acknowledged before me on _______________________, 20_____ by________________________________, the _________________________ of DRP MN 1, LLC, aDelaware limited liability company, on behalf of the limited liability company.__________________________________________print______________________________________Notary Public ______________________________My Commission Expires _____________________0SCALE IN FEET50 100ORIENTATION OF THIS BEARING SYSTEMIS BASED UPON THE WEST LINE OFOUTLOT F, CASLANO, WHICH IS ASSUMEDTO BEAR NORTH 00 DEGREES 31 MINUTES33 SECONDS WEST.NE 1/4NW
1
/
4SW 1/4SE 1/4Highview Ave
C
S
A
H
N
o
.
9
(
D
o
d
d
B
l
v
d
)DENOTES FOUND 1/2" IRON SOLIDIRON PIPE LICENSE NO. 45817UNLESS OTHERWISE NOTEDINDICATES 1/2" DIA. X 18" LONG SOLIDIRON PIPE SET WITH PLASTIC CAPMARKED BY ISG, LICENSE NO. 45817TO BE SET BEFORE TIME OFRECORDINGINDICATES 1/2" X 18" LONG SOLIDIRON SET WITH PLASTIC CAP MARKEDBY ISG, LICENSE NO. 45817WATER'S EDGEDELINEATED WET LAND EDGEDENOTES RESTRICTED ACCESSTO DAKOTA COUNTY PER DOC.NO. 3559152LEGENDWWETHounds
Hinckley
DriveAvenueHideawayTrailHuntley Trail185th StreetBOARD OF COUNTY COMMISSIONERS, COUNTY OF DAKOTA, STATE OF MINNESOTAWe do hereby certify that on the _______ day of ___________________, 20_____ the Board ofCommissioners of Dakota County, Minnesota approved this plat of CASLANO THIRD ADDITION and saidplat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2 and pursuant tothe Dakota County Contiguous Plat Ordinance.______________________________________ ______________________________________Chair, County BoardCounty Treasurer-AuditorDEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OFMINNESOTAPursuant to Minnesota Statutes, Chapter 505.021, Subd. 9, taxes payable for the year 20_____ on the landhereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are nodelinquent taxes and transfer entered this _______ day of ___________________, 20_____.______________________________________Amy A. Koethe, Director Department of Property Taxation and RecordsCOUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTAI hereby certify that this plat of CASLANO THIRD ADDITION was filed in the office of the County Recorderfor public record on this _______ day of ___________________, 20_____, at _______ o'clock _____.M. andwas duly filed in Book _______ of Plats, page _______, as Document No. _____________________.______________________________________Amy A. Koethe, County RecorderSURVEYOR'S CERTIFICATEI Mark A. Schwanz do hereby certify that this plat was prepared by me or under my direct supervision; thatI am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation ofthe boundary survey; that all mathematical data and labels are correctly designated on this plat; that allmonuments depicted on this plat have been or, will be correctly set within one year; that all waterboundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date ofthis certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this _______ day of ___________________, 20_____.___________________________________________________________Mark A. Schwanz, Land SurveyorMinnesota License No. 45817State of MinnesotaCounty of ____________________________This instrument was acknowledged before me on _______________________, 20_____ by Mark A.Schwanz, Licensed Land Surveyor.__________________________________________print_______________________________________Notary Public, _______________________________My Commission Expires ______________________FINAL PLAT FOR REVIEWMATCH LINESEE SHEET 2 OF 2 SHEETSMATCH LINESEE SHEET 2 OF 2 SHEETSEXHIBIT CPage 86 of 180
OUTLOT AOUTLOT BOUTLOT C276435345678123453215432112345678910111213141516171819201234567891011121314151617N00°31'33"W 1129.66
N89°42'47"W 1334.39S00°18'45"E 693.43
N00°31'33"W 1129.66
WWWWWWWWWWWWWWWWWWWWWWWWW WWWWWWWWWWWWWWWWWWWWWWWWWWWWWW WWWWWW
W
WW
W
W
WET WETWETWETWETWET
WET WET LANDWET LANDWWWWWWWWWWWW
W
W
W
W
W
W W
W
W
WL=65.85Δ=20°57'43"29.65S62°13'49"WS83°11'32"W 105.0275.56N13°48'29"WN83°11'32"E 130.00L=20.21Δ=2°41'36"31.54
L=19.38Δ=6°10'10"91.18
N01°23'56"WS87°56'42"E 130.03L=85.91
Δ=11°26'50"
40.16
N04°13'08"E40.16
N08°09'31"
E
31.15
N12°18'22
"
E S76°29'52"E 126.26L=85.91
Δ=11°26'50"
8.76
22.21N06°29'14"E40.5
3
N18°
4
3
'
4
3
"
E
40.
5
3
N2
2
°
5
2
'
3
3
"
E130.13L=79.12
Δ
=10°32'35"
54.
8
2
N2
7
°
4
5
'
1
8
"
E
54
.
8
2
N
3
3
°
2
1
'
5
6
"
E
N
4
1
°
3
5
'
0
4
"
E
9
0
.
4
9 S48°24'56"E 130.008
3
.
2
8
7
5
.
9
2
3
5
.
4
7
N
4
6
°
0
3
'
4
6
"
E
4
0
.
6
6
N
3
7
°
4
0
'
4
5
"
E S48°24'56"E 130.005
1
.
1
6
5
1
.
1
6
N
4
1
°
3
5
'
0
4
"
E
3
4
.
9
4
N
4
4
°
2
1
'
5
9
"
E S42°51'06"E 130.00L
=2
2
.
3
3
Δ
=
5
°
3
3
'5
0
"L=68.48Δ=17°03'31
"
5
3
.
4
2N5
1
°
2
4
'
1
1
"E53.67N59°52
'38
"ES25°47'35"E 130.05L=68.48Δ=17°03'31"53.86N68°33'05"E53.23N77°01'32"ES08°44'04"E 130.00 L=35.06Δ=8°44'04"54.83N85°37'58"E37.05S00°00'00"E 130.00 37.0544.4944.4956.68S83°04'24"ES13°51'12"W 130.00 L=25.39Δ=13°51'12"L=61.32Δ=33°27'40"S67°54'30"E 67.35S51°10'40"E 69.41S47°18'53"W 130.00 L=61.32Δ=33°27'40"S34°16'14"E 68.78S19°48'09"E 68.42 S80°46'33"W 132.73L=15.94Δ=8°41'54"92.14 S89°28'27"W 130.0056.18 70.0070.00 S89°28'27"W 130.0070.0070.00 S89°28'27"W 130.0070.0070.00 S89°28'27"W 130.0070.0070.00 S89°28'27"W 130.0070.0070.00 S89°28'27"W 130.0070.0070.00 S89°28'27"W 130.0084.9586.33 L=130.01Δ=1°14'26"129.49 L=84.39Δ=0°48'19"N01°55'08"W 130.98N89°28'19"E 158.84L=69.71Δ=0°39'55"N02°35'02"W 133.12S47°22'12"E 102.35L=69.71Δ=0°39'55"N03°14'57"W 206.18 L=69.71Δ=0°39'55"N03°54'52"W 167.4481.65N58°05
'37
"E47.5222.4280.65N58°05
'37
"EL=69.71Δ=0°39'55"N04°34'46"W 130.00
N89°21'42"E 127.87L=8.41Δ=0°04'49"L=196.92R=120.00Δ=94°01'17"10.5720.97
L=60.6 2
Δ =9°23'13 "S81°15'05"E 204.60S67°47'29"E 237.00L=86.92Δ=13°27'36"S54°20'01"E 246.2910.64S19°45'00"WL=86.91
Δ
=13°27'28"S48°24'56"E 225.1758.54
L
=
3
8.2
2
Δ
=
5
°
5
5'0
5"
4
1
.
5
9S48°24'56"E 194.23S19°45'00"W 74.6283.20
7
7
.
2
3S48°24'56"E 163.2811.72S19°45'00"W74.62S19°45'00"W
7
7
.
2
4S21°14'55"E 124.8059.58S07°22'23"W
2
8
.
6
3L=80.61Δ=27°10'01"S00°00'00"E 127.38 53.23L=63.05Δ=21°14'55"36.8544.69L=70.27R=45.00Δ=89°28'27"81.97 90.44S89°28'27"W 155.9270.00 S89°28'27"W 181.7870.00 S89°28'27"W 207.6470.00 S89°28'27"W 233.5070.00 70.00
63.8
4S19
°
2
3
'
4
6
"
W
63.
8
4
S2
7
°
2
1
'
1
5
"
W
54.27
S05°28'46"W 54.29
S12°02'
0
3
"
W
129.8787.75
S00°12'08"W
L=123.37
Δ=26°10'47"N63°32'34"W 305.71302.07L=25.04Δ=5°18'46"78
.
9
1
N58°13'14"W 300.0167.2735.4485
.
0
0
N58°13'14"W 246.70100.33
85
.
0
0
N58°13'14"W 193.40100.33
28
4
.
3
3
366.30 L=71.08R=5944.32Δ=0°L=123.22 R=220.0 0
Δ=32°05'32"L=559.48R=5974.50Δ=5°21'56"L=246.15R=150.00Δ=94°01'17"S00°38'18"E
31.54
L=280.72 Δ=40°12'37"
L
=
1
4
.
0
5
Δ
=
2
°
0
0
'
4
4
"L=
2
9
4
.7
7
R
=400.00
Δ=42°13'22"
S
4
1
°
3
5
'
0
4
"
W
2
2
4
.
6
9
S51°35'12"E 201.82L=61.79R=500.00Δ=7°04'51"S58°40'03"E 229.78S31°46
'46
"W
523
.24
L =164.89 R=300.00
Δ=3
1°2
9'3
3
"
S00°17'13"W 74.85 L=169.00R=200.00Δ=48°2
4'56"N90°00'00"W 81.54L=117.12R=75.00Δ=89°28'27"N00°31'33"W 591.22 L=160.01Δ=1°32'04"L=399.47Δ=3°49'52"495.5327.71
23
3
.
9
9 L=58.09R=470.00Δ=7°04'51"S58°40'06"E 200.02S51°35'12"E 172.3042.17S65°03'01"E 130.00L=85.91 R=430.00 Δ=11°26'50"
L=86.92
R=370.00 Δ=13°27'36"
74.62S19°45'00"W
92.37
83.21S89°28'27"W 143.67N00°31'33"W 561.14N00°31'33"W 561.4681.5481.54L=61.32R=105.00Δ=33°27'40"HUNTLEY TRAIL
85.00N89°41'15"E 149.3385.00
85.00N89°41'15"E 149.7385.00
38.63
L=61.61
Δ=16°02'4 6"
58.70
S58°13'14"E 150.0368
.
6
8
L=61.61Δ=16°02'46"S58°13'14"E 150.0385
.
0
0
85
.
0
0
S16°
2
8
'
5
0
"
W
9
4
.
8
7
16.
7
6
10
8
.
2
7S58°13'14"E 125.00N89°41'15"E 149.33N31°46'46"E10.00N58°13'14"W60.00L=26.03R=280.00Δ=5°19'36"S31°46'46"W10.00S89°47'31"E 337.51N90°00'00"E 81.5422.39
WETWETWETWETWETWETWETWETWETWETWETWETWETWETWET
WET
W
E
T
WE
T
WET
WET
WET
WET
WET
WET
WET
WET9.73N33°28'03"E87.5671.28130.20S51°35'12"E 173.19L=65.50R=530.00Δ=7°04'51"130.0069.5642.99S58°40'03"E 199.56N00°17'13"E 74.85
58.72 16.13
L=178.85 R=330.00
Δ=31°03'12"
L =148.41 R=270.00
Δ=31°29'33"
L=91.67
Δ=15°54'57"
L =77.92 Δ=13°31'45"L=9.26Δ=1°36'31"N
3
1
°
4
6
'
4
6
"
E
5
3
3
.
2
4
N
3
1
°
4
6
'
4
6
"
E
4
7
5
.
7
6
S00°17'13"W 74.85
W.Line - Outlot F
L=295.38R=180.00Δ=94°01'17"L=127.32Δ=40°31'35"30.0130.01
N00°18'45"W 404.88
S00°02'49"E 372.87
S3
1
°
4
6
'
4
6
"
W
1
7
0
.
4
4
S74°14'38"E 147.1838
.
5
0N74°34'32"W 129.99N88°06'17"W 130.18CASLANO THIRD ADDITION SHEET 1 OF 2 SHEETS0SCALE IN FEET50 100ORIENTATION OF THIS BEARING SYSTEMIS BASED UPON THE WEST LINE OFOUTLOT F, CASLANO, WHICH ISASSUMED TO BEAR NORTH 00 DEGREES31 MINUTES 33 SECONDS WEST.FINAL PLAT FOR REVIEWMATCH LINESEE SHEET 1 OF 2 SHEETSMATCH LINESEE SHEET 1 OF 2 SHEETSDENOTES FOUND 1/2" IRONSOLID IRON PIPE LICENSE NO.45817 UNLESS OTHERWISENOTEDINDICATES 1/2" DIA. X 18" LONGSOLID IRON PIPE SET WITHPLASTIC CAP MARKED BY ISG,LICENSE NO. 45817 TO BE SETBEFORE TIME OF RECORDINGINDICATES 1/2" X 18" LONGSOLID IRON SET WITH PLASTICCAP MARKED BY ISG, LICENSENO. 45817WATER'S EDGEDELINEATED WET LAND EDGELEGENDWWETPage 87 of 180
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Kris Jenson, Planning Manager
From: Alanna Sobottka, Civil Engineer
McKenzie L. Cafferty, Environmental Resources Manager
Joe Masiarchin, Parks and Recreation Director
Copy: Julie Stahl, Finance Director
Tina Goodroad, Community Development Director
Zach Johnson, City Engineer
Dave Mathews, Building Official
Date: June 4, 2024
Subject: Caslano Third Addition
• Final Plat
• Final Utility Plan
• Final Grading and Erosion Control Plan
• Final Tree Preservation
BACKGROUND
U.S. Home, LLC (DBA Lennar) submitted a final plat named Caslano Third Addition. This is the
third and final phase of the Caslano preliminary plat approved by the City Council on December
20, 2021. The proposed subdivision is located south of and adjacent to 185th Street (CSAH 60),
east of Dodd Boulevard (CSAH 9) and west of Highview Avenue. The parent parcel consists of
Outlot F, Caslano and is zoned RS-4, Single Family Residential District.
The final plat consists of 67 single-family residential lots within seven blocks and three outlots
on 37.90 acres. The outlots created with the final plat have the following uses:
Outlot A: Wetland, buffer, greenway corridor and stormwater management basins;
deeded to City (9.00 acres)
Outlot B: Wetland, buffer and greenway corridor; deeded to City (4.14 acres)
Outlot C: Future development; retained by Developer (0.46 acres)
Page 88 of 180
CASLANO THIRD ADDITION – FINAL PLAT
JUNE 4, 2024
PAGE 2 OF 9
The development will be completed by:
Developer: U.S. Home, LLC (DBA Lennar)
Engineer/Surveyor: ISG
SITE CONDITIONS
The Caslano Third Addition site is vacant and was initially graded with previous additions of the
Caslano preliminary plat.
STREET AND SUBDIVISION LAYOUT
185th Street (Dakota County State Aid Highway 60)
Caslano Third Addition is located south of and adjacent to 185th Street, a Dakota County
highway classified as a minor arterial. The 2022 Dakota County Plat Needs Map (rev. 10-27-22)
identifies a half right-of-way need of 75 feet. The Dakota County Plat Commission
recommended approval of the final plat on May 8, 2024.
185th Street is a two-lane divided urban highway that was constructed by the City in 2023 (City
Project 24-04) in partnership with Dakota County, Lennar, and Independent School District 194.
No additional right-of-way is required, and no construction improvements are proposed with
Caslano Third Addition. The Developer shall reimburse the City $313,875.00 for its share of the
185th Street roadway improvements associated with Caslano Third Addition.
Local Roads
Development of Caslano Third Addition includes construction of Huxford Place, Hyannis Way
and Hythe Lane, and the extension of Huntley Trail, 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. Future street extension signs and barricades must be installed at the west end of
Hyannis Way until it is extended west in the future.
Huntley Trail was constructed by the City in 2023 (City Project 24-04) in partnership with Dakota
County, Lennar, and Independent School District 194. The Developer shall reimburse the City
$205,666.38 for its share of the Huntley Trail roadway improvements associated with Caslano
Third Addition.
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility and street construction will be
restricted to a single location and determined during the final construction plan review.
Page 89 of 180
CASLANO THIRD ADDITION – FINAL PLAT
JUNE 4, 2024
PAGE 3 OF 9
PARKS, TRAILS, AND SIDEWALKS
Development of Caslano Third Addition includes construction of public trails within Outlots A
and B. The Developer is eligible for a $46,500 credit (100% of estimated trail construction costs)
to the Park Dedication Fee for the trails within Outlots A and B.
Development of Caslano Third 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 parcel and will be
satisfied through a cash contribution with the final plat, calculated as follows:
67 units x $5,774.00 = $386,858.00
Total Units
Caslano Third Addition
2024 Unit Rate Park Dedication Fee
Caslano Third Addition
UTILITIES
SANITARY SEWER
Caslano Third Addition is located within subdistrict NC-20180 of the North Creek sanitary sewer
district. Wastewater will be conveyed through City sanitary sewer to the MCES interceptor
sewer monitored by meter M643A. Wastewater treatment is provided by the Empire
Wastewater Treatment Facility.
Development of Caslano Third Addition includes construction of public sanitary sewers. 8-inch
sanitary sewer will extend within the subdivision from an existing stub located within Huntley
Trail, south of the 185th Street intersection.
Sanitary sewer was constructed by the City in 2023 (City Project 24-04) in partnership with
Lennar and Independent School District 194. The Developer shall reimburse the City
$113,536.00 for its share of the sanitary sewer improvements associated with Caslano Third
Addition.
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and will be
paid with the final plat, calculated as follows:
67 units x $327.00 = $21,909.00
Total Units
Caslano Third Addition
2024 Unit Rate Sanitary Sewer Availability Charge
Caslano Third Addition
Page 90 of 180
CASLANO THIRD ADDITION – FINAL PLAT
JUNE 4, 2024
PAGE 4 OF 9
WATERMAIN
Development of Caslano Third Addition includes construction of public watermain. 8-inch
watermain will extend within the subdivision from existing stubs located within Huntley Trail,
a) south of the 185th Street intersection, and b) north of the 188th Street intersection.
Watermain was constructed by the City in 2023 (City Project 24-04) in partnership with Lennar
and Independent School District 194. The Developer shall reimburse the City $110,577.77 for
its share of the watermain improvements associated with Caslano Third Addition.
STORM SEWER
Development of Caslano Third Addition includes construction of public storm sewer systems.
Storm sewer will be constructed within the subdivision to collect and convey stormwater runoff
generated from within the public right-of-way and lots to public stormwater management
basins located within Outlot C, Caslano and Outlot A, Caslano Third Addition.
Draintile construction is required in areas of non-granular soils within Caslano Third 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 parcel and will be paid with the
final plat, calculated as follows:
Storm Sewer Charge Summary
Gross Area of Caslano Third Addition 1,650,967 s.f.
Less Area of Outlot A (Wetland, Buffer, Stormwater Basin) (-) 392,005 s.f.
Less Area of Outlot B (Wetland, Buffer) (-) 180,321 s.f.
Less Area of Outlot C (Future Development) (-) 19,917 s.f.
Total Storm Sewer Charge Area = 1,058,724 s.f.
1,058,724 s.f. x $0.178/s.f. = $188,452.87
Net Area
Caslano Third Addition
2024 Unit Rate Storm Sewer Charge
Caslano Third Addition
The Developer is eligible for credit to the Storm Sewer Charge for deeding Outlots A and B
(wetland, buffer, greenway corridor and stormwater management basins) to the City,
calculated as follows:
13.14 acres x $5,500/acre = $72,270.00
Area of Outlots A and B
Caslano Third Addition
Unit Rate Credit to Storm Sewer Charge
Caslano Third Addition
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
Page 91 of 180
CASLANO THIRD ADDITION – FINAL PLAT
JUNE 4, 2024
PAGE 5 OF 9
DRAINAGE AND GRADING
Caslano Third Addition is located primarily within subdistrict FO-026 of the Farmington Outlet
stormwater district. The northeast and northwest corners are located within subdistrict FO-045.
Previous additions of the Caslano preliminary plat included the construction of stormwater
management basins to provide water quality treatment and rate control of the stormwater
runoff generated from Caslano Third Addition. The existing stormwater management facilities
are in Outlot C, Caslano.
Development of Caslano Third Addition includes the construction of a public stormwater
management basin. The basin will be in Outlot A 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.
The Developer must certify 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. Prior to issuance
of building permits, the soils observation and testing report, including referenced
development phases and lot descriptions, and an as-built certified grading plan must be
submitted and approved by City staff.
Caslano Third Addition contains more than one acre of site disturbance, therefore a National
Pollution Discharge Elimination System (NPDES) General Stormwater Permit for construction
activity from the Minnesota Pollution Control Agency is required. A copy of the Notice of
Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA.
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 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 will be installed and maintained by the
Developer.
The MS4 Administration Fee has not been collected on the parent parcel and will be paid with
the final plat, calculated as follows.
$637,377.50 x 2% Grading Costs = $12,747.55
Grading Cost
Caslano Third Addition
2024 Rate MS4 Administration Fee
Caslano Third Addition
Page 92 of 180
CASLANO THIRD ADDITION – FINAL PLAT
JUNE 4, 2024
PAGE 6 OF 9
RESIDENTIAL BUFFER YARD REQUIREMENTS
185th Street (CSAH 60) is classified as a minor arterial roadway; therefore, buffer yard and
screening requirements apply to Lots 1-9, Block 1 and Lot 1, Block 2. A buffer yard containing
earth berms and/or plantings of sufficient density to provide a visual screen and reasonable
buffer a minimum of ten feet in height is required. A certified as-built grading plan of the buffer
yard berm must be submitted and approved by City staff prior to the installation of any buffer
yard plantings.
WETLANDS
The wetland replacement plan for the Caslano preliminary plat was approved on August 13,
2021. No additional wetland impacts are proposed with Caslano Third Addition. The Developer
is responsible for the installation of 21Natural Area Signs along wetlands and buffers. Final
locations must be reviewed by City staff prior to installation.
TREE PRESERVATION
Ash trees on the site were observed to be infested with emerald ash borer and must be
removed, refer to ordinance 4-4: Shade Tree Pest Control. The removal of ash trees from the
proposed outlots is to be completed prior to the release of any landscape security. The removal
of ash trees does not require replacement planting as part of the approved tree preservation
plan as the ash trees were determined to be infested, in decline, or dead.
FEMA FLOODPLAIN ANALYSIS
Caslano Third Addition is shown on 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, the lots within Caslano Third Addition
are not located within a Special Flood Hazard Area (SFHA), as determined by FEMA.
SECURITIES
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Caslano Third Addition. Construction costs are based upon estimates
submitted by the Developer’s engineer on April 12, 2024.
Page 93 of 180
CASLANO THIRD ADDITION – FINAL PLAT
JUNE 4, 2024
PAGE 7 OF 9
CONSTRUCTION COSTS
Sanitary Sewer $ 475,452.00
Watermain 478,804.50
Storm Sewer 701,561.27
Street Construction 970,359.05
Grading and Erosion Control 480,100.00
SUBTOTAL - CONSTRUCTION COSTS $ 3,106,276.82
OTHER COSTS
Developer’s Design (3.0%) $ 93,188.30
Developer’s Construction Survey (2.5%) 77,656.92
City’s Legal Expense (0.5%) 15,531.38
City Construction Observation (5.0%) 155,313.84
Developer’s Record Drawing (0.5%) 15,531.38
Natural Area Signs 3,150.00
Landscaping 216,400.00
Streetlights 13,200.00
Lot Corners/Iron Monuments 7,000.00
SUBTOTAL - OTHER COSTS $596,971.83
TOTAL PROJECT SECURITY $3,703,248.65
The street light security totals $13,200 which consists of eleven (11) 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
$7,000.00. 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 cash fee of $2,725.00 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:
67 units x $40.48/unit = $2,712.16
Total Units
Caslano Third Addition 2024 Rate Streetlight Operating Fee
Caslano Third Addition
Page 94 of 180
CASLANO THIRD ADDITION – FINAL PLAT
JUNE 4, 2024
PAGE 8 OF 9
A cash fee for one-year of environmental resources management expenses shall be paid with
the final plat and is calculated as follows:
67 units x $59.16/unit = $3,963.72
Total Units
Caslano Third Addition 2024 Rate Environmental Resources Fee
Caslano Third 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:
70 lots x $90.00/unit = $6,300.00
Lots/Outlots
Caslano Third Addition 2024 Rate Property Data & Asset/Infrastructure Mgmt. Fee
Caslano Third 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.
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 $93,188.30.
CASH REQUIREMENTS
City Project 24-04 Roadway Improvements $ 519,541.38
Park Dedication 386,858.00
City Project 24-04 Sanitary Sewer Improvements 113,536.00
Sanitary Sewer Availability Charge 21,909.00
City Project 24-04 Watermain Improvements 110,577.77
Storm Sewer Charge 188,452.87
MS4 Administration Fee 12,747.55
Traffic Control Signs 2,725.00
Streetlight Operating Fee 2,712.16
Environmental Resources Management Fee 3,963.72
Property Data and Asset/Infrastructure Management Fee 6,300.00
City Engineering Administration (3.00%) 93,188.30
SUBTOTAL – CASH REQUIREMENTS $ 1,738,791.99
CREDITS TO CASH REQUIREMENTS
Park Dedication Credit (Trails in Outlots A and B) $ 46,500
Storm Sewer Credit (Outlot A) 72,270.00
SUBTOTAL - CREDITS TO CASH REQUIREMENTS $ 118,770.00
TOTAL CASH REQUIREMENTS $ 1,620,021.99
Page 95 of 180
CASLANO THIRD ADDITION – FINAL PLAT
JUNE 4, 2024
PAGE 9 OF 9
RECOMMENDATION
Engineering recommends approval of the final plat, grading and erosion control plan, tree
preservation plan, and utility plan for Caslano Third Addition, subject to the requirements and
stipulations within this report.
Page 96 of 180
Date: 7/15/2024
Sundance Lakeville Final Plat
Proposed Action
Staff recommends adoption of the following motion: Move to approve the final plat of Sundance
Lakeville.
Overview
Mark A. Davis, Davis HRE representatives have submitted a final plat application and plans for
Sundance Lakeville. The preliminary plat was approved by the City Council on July 1, 2024.
The plat proposes two commercial lots totaling 3.0 acres to include the construction of two
single story medical clinic buildings north of 162nd Street (CSAH 46) and west of Buck Hill
Road. The developer has submitted the signed development contract and stormwater
maintenance agreement in accordance with the requirement of the final plat resolution.
Supporting Information
1. Final Plat Resolution
2. Signed Development Contract
3. Signed Stormwater Maintenance Agreement
4. July 11, 2024 Planning and Engineering Reports
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: Diversified Economic Development
Report Completed by: Frank Dempsey, AICP, Associate Planner
Page 97 of 180
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 24-____
RESOLUTION APPROVING THE FINAL PLAT OF SUNDANCE LAKEVILLE
WHEREAS, Mark A. Davis, Davis HRE, owner of property described as SUNDANCE
LAKEVILLE has requested final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and
approved by the City Council on July 1, 2024; and
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 SUNDANCE LAKEVILLE final plat is approved subject to the
development contract and security requirements.
2. The SUNDANCE LAKEVILLE final plat approval is subject to the developer
executing the private street access and maintenance agreement.
3. The Mayor and City Clerk are hereby authorized to sign the final plat mylars,
development contract, stormwater maintenance agreement, and all documents
pursuant to the approved development contract.
4. 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 15th day of July 2024.
CITY OF LAKEVILLE
BY: _______________________
Luke M. Hellier, Mayor
Page 98 of 180
ATTEST:
BY: ________________________
Ann Orlofsky, City Clerk
STATE OF MINNESOTA )
(
DAKOTA COUNTY )
I hereby certify that the foregoing Resolution No. 24-___ is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 15th day of July, 2024 as shown by the minutes of said
meeting in my possession.
________________________
Ann Orlofsky, City Clerk
(SEAL)
PREPARED BY:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Page 99 of 180
1
231562v4 Sundance Lakeville
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
SUNDANCE LAKEVILLE
CONTRACT dated ____________________, 2024, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and LAKEVILLE MOB INVESTORS II LLC, a Minnesota
limited liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a site
plan and plat for SUNDANCE LAKEVILLE (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 100 of 180
2
231562v4 Sundance Lakeville
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 101 of 180
3
231562v4 Sundance Lakeville
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 102 of 180
4
231562v4 Sundance Lakeville
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 103 of 180
5
231562v4 Sundance Lakeville
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, 2025, 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 104 of 180
6
231562v4 Sundance Lakeville
the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly
as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply
with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure
of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may
draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed
and no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
The Developer is responsible for obtaining a MPCA Construction Permit for the site as well as
developing a SWPPP for the site prior to construction. The permit requires that all erosion and sediment
BMPS be clearly outlined in a site’s SWPPP. Changes made throughout construction must be documented
in the SWPPP.
The Developer is responsible for the establishment of native vegetation around all stormwater
management basins within the buffer areas. Redundant silt fence is required along all 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 required 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:
$304,579.00 x 2% = $6,091.58
Grading Cost
Sundance Lakeville
2024 Rate MS4 Administration Fee
Sundance Lakeville
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
Page 105 of 180
7
231562v4 Sundance Lakeville
(30) days after completion of the grading and final establishment of the ground cover or temporary
stabilization approved by the City, 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 building pads, and all other items listed in City Code Section 10-3-5.NN. The City will withhold issuance
of a Certificate of Occupancy 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 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 the Certificate of
Occupancy. The Developer shall include a 10-foot-wide temporary drainage and utility easement,
approved by the City for recording with the final plat, along the west and south property line of Outlot B
which will terminate when Outlot B is platted into lots and blocks. The Developer shall include a 10-foot-
wide temporary drainage and utility easement, approved by the City for recording with the final plat over
Outlot A, which easement will terminate when Outlot A is dedicated for public right of way.
Prior to the release of the grading and erosion control security, the “as-constructed” plan for the lot
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-constructed” grading plan is not timely completed, the City may enter the lot, perform
the work, and draw on the letter of credit. Upon satisfactory completion of the grading, erosion control and
“as-constructed” grading plan, the security, less any draw made by the City, shall be released. A
Page 106 of 180
8
231562v4 Sundance Lakeville
certified as-built building pad survey must be submitted and approved for commercial, industrial or
institutional developments prior to issuance of a building permit.
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 Certificate of Occupancies will not be issued until a soils report and an
as-built certified grading plan have been submitted and approved by City staff.
Sundance Lakeville 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, subcontractors, their agents or assigns. Prior to any construction in the
plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street
cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND
AS-BUILT RECORD DRAWING PREPARATION.
The Developer shall pay a fee for in-house engineering administration. City engineering
administration will include monitoring of construction observation, consultation with Developer and its
engineer on status or problems regarding the project, coordination for final inspection and acceptance,
project monitoring during the warranty period, and processing of requests for reduction in security. Fees for
this service shall be three percent (3%) of construction costs identified in the Summary of Security
Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer
Page 107 of 180
9
231562v4 Sundance Lakeville
shall pay for construction observation and as-built record drawing preparation performed by the City’s in-
house engineering staff or consulting engineer. Construction observation shall include part or full time
inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to
be five percent (5%) of the estimated construction cost. Construction as-built record drawing preparation
shall include field surveying, preparation of as-built record drawings and updating the City’s GIS database
and will be billed on hourly rates estimated to be one half of a percent (0.5%) of the estimated construction
cost.
19. STORM SEWER. The Developer shall construct one privately-owned and maintained
stormwater management basin to collect and treat the stormwater runoff generated from the site. The
basin shall be a temporary construction until the lot to the north of the Sundance Lakeville subdivision is
final platted, at which point the basin shall be reconstructed. The basin will outlet to the south into the
existing storm sewer along 162nd Street West (CSAH 46). The Developer shall enter into a stormwater
maintenance agreement and grant an easement to the City in a recordable form, approved by the City,
over the private stormwater improvements. The stormwater management design is consistent with the
City’s stormwater management ordinance.
Additional stormwater management improvements will be required for the development of Outlot B
at the time it is preliminary platted.
Development of Sundance Lakeville falls within the Crystal Lake Watershed Drainage Area. The
Crystal Lake Surcharge has not been collected and will be collected from the Developer with the final plat,
calculated as follows:
Crystal Lake Surcharge Summary
Gross Area of Sundance Lakeville 816,750 s.f.
Less Area of Outlot B (Future Development) (-) 642,314 s.f.
Total Crystal Lake Surcharge Area 174,436 s.f.
174,436 s.f. x $0.0195/s.f. = $3,401.50
Net Area
Sundance Lakeville
2024 Unit Rate Crystal Lake Surcharge
Sundance Lakeville
Page 108 of 180
10
231562v4 Sundance Lakeville
The Developer shall construct a private storm sewer system with the development of Sundance
Lakeville. The privately owned and maintained storm sewer will be located within the private road and
stormwater basin within Outlot B, Sundance Lakeville. The Developer shall provide an easement for the
privately owned and maintained storm sewer benefitting Lots 1 and 2, Block 1.
Draintile construction is required in areas of non-granular soils within Sundance Lakeville 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 will be collected from
the Developer with the final plat, calculated as follows:
Storm Sewer Charge Summary
Gross Area of Sundance Lakeville 816,750 s.f.
Less Area of Outlot B (Future Development) (-) 642,314 s.f.
Total Storm Sewer Charge Area 174,436 s.f.
174,436 s.f. x $0.250/s.f. = $43,609.00
Net Area
Sundance Lakeville
2024 Unit Rate Storm Sewer Charge
Sundance Lakeville
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 privately owned and
maintained 8-inch sanitary sewer from Buck Hill Road to the west plat boundary providing service to the
adjacent properties. City sanitary sewer lift station No. 26 is under construction in conjunction with
Sundance Lakeville.
The Developer shall pay a cash fee for construction of sanitary sewer lift station No. 26 in the
amount of $14,270.14. The fee is calculated based on the development impact to the overall sanitary flow
to the lift station. The development has a 0.74% impact to the sanitary flow to the existing lift station, or
Page 109 of 180
11
231562v4 Sundance Lakeville
2,107 gallons per day of 284,279 gallons per day. The estimated construction cost of construction of
sanitary sewer lift station No. 26 is $1,925,345.00.
The Sanitary Sewer Availability Charge has not been collected on the parent parcels and must be
paid by the Developer with the building permit application.
21. WATERMAIN. The Developer shall construct privately owned and maintained 8-inch
watermain from Buck Hill Road to the west plat boundary providing service to the adjacent properties.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and
street construction will be determined with the final construction plans.
23. SITE CONDITIONS AND REMOVAL OF ENCROACHMENTS. The Sundance Lakeville
site consists of undeveloped agricultural land and wooded areas generally draining north to south. There
are two barns and a property access on the south end of the site. All existing structures and accessory
buildings shall be removed 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 a demolition permit from the Building Inspections Division.
24. OVERHEAD UTILITY LINES. An overhead electric transmission line and poles are located
along the north side of the parent parcel. The transmission line is a high voltage line and is therefore not
required to be buried, consistent with the City’s Public Ways and Property Ordinance.
25. BUCK HILL ROAD IMPROVEMENTS. The Developer shall construct improvements along
Buck Hill Road as determined by Dakota County Plat Commission with the first phase final plat.
26. PRIVATE ROAD IMPROVEMENTS. The Developer shall construct a private road with
Sundance Lakeville to provide access to the site from Buck Hill Road. The private road shall be owned
and maintained by the Developer. The private road shall provide public access between Buck Hill Road
and Kendale Drive. The Developer shall enter into an ingress and egress easement and maintenance
agreement for the private roadway in a recordable form, approved by the City for recording with the final
plat, benefitting Lots 1 and 2, Block 1, and Outlot B.
Page 110 of 180
12
231562v4 Sundance Lakeville
27. PARKS, TRAILS, AND SIDEWALKS. Development of Sundance Lakeville does not
include the construction of public trails and sidewalks. The Developer shall install five foot wide privately
owned and maintained concrete sidewalks, with pedestrian curb ramps, along one side of the proposed
private road.
The Park Dedication requirement has not been collected on the parent parcels and will be satisfied
through a cash contribution by the Developer. The Park Dedication requirement will be collected with the
final plat, calculated as follows:
Dedication Requirement Summary
Gross Area of Sundance Lakeville 18.75 acres
Less Area of Outlot B (Future Development) (-) 14.74 acres
Total Buildable Area 4.01 acres
4.01 acres x $9,383 = $37,625.83
Buildable Area
Sundance Lakeville
2024 Unit Rate Dedication Requirement
Sundance Lakeville
28. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer
shall pay a cash fee in the amount of $950.00 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:
800.62 front feet x $1.13/front foot = $904.70
Total Front Foot
Sundance Lakeville
2024 Rate Streetlight Operating Fee
Sundance Lakeville
29. 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:
2 units x $59.16/unit x 4.20 = $496.94
Total Units
Sundance
Lakeville
2024 Rate Utility Factor Environmental Resources Fee
Sundance Lakeville
Page 111 of 180
13
231562v4 Sundance Lakeville
30. LANDSCAPING. Landscaping shall be installed in accordance with the approved
landscape plan. The Developer shall post a $22,141.00 landscaping security at the time of final plat
approval to ensure that the landscaping is installed in accordance with the approved plan.
All landscaped areas adjacent to the building and parking lot shall be irrigated. Trees and shrubs
shall not be planted in street right-of-way and shall comply with minimum size requirements.
The Developer shall install landscape screening along the south boundary of the parking lot utilizing
shrub plantings with minimum size requirements in compliance with the Zoning Ordinance.
31. TREE PRESERVATION. A tree preservation plan was submitted by the Developer for the
entirety of the Sundance Lakeville preliminary plat. There are 783 significant trees located within the
preliminary plat boundaries. The tree preservation plan proposes to save 643 of the significant trees on
site. A tree preservation plan for Sundance Lakeville shall be submitted prior to issuance of a city grading
permit. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1. Significant
trees, as identified in the Lakeville Subdivision Ordinance, shall be protected and preserved through
termination of all grading and construction activities.
32. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the June 26, 2024, Planning Report and July
2, 2024, Engineering Report.
B. The site and buildings shall be developed in compliance with the plans approved by the City
Council and Zoning Ordinance requirements.
C. All signs shall comply with the Zoning Ordinance requirements for the C-3 District. A sign permit
shall be issued by the Planning Department prior to the installation of any signs.
D. Snow storage shall not occur in required parking spaces.
E. Site lighting shall not exceed one foot candle at the property line adjacent to public right-of-way.
All exterior light fixtures shall be down-cast design so an not to glare onto public-right-of way.
F. The trash enclosures shall be constructed of materials consistent with the principal building and
shall include a durable, maintenance free gate.
Page 112 of 180
14
231562v4 Sundance Lakeville
G. The Developer shall provide a shared parking agreement between the two proposed buildings to
allow parking over both Lots 1 and 2, Block 1 in a recordable form, approved by the City for
recording with 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
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $400.00 security for the final placement of interior subdivision
iron monuments at property corners. The security was calculated as follows: four (4) 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 $360.00.
J. 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.
33. 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 $403,377.11. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer $7,250.00
B. Watermain 7,250.00
C. Storm Sewer/Draintile 36,333.00
D. Streets 158,886.00
Page 113 of 180
15
231562v4 Sundance Lakeville
E. Grading, Erosion Control and Vegetation Establishment 86,995.00
CONSTRUCTION SUB-TOTAL $296,714.00
OTHER COSTS:
A. Developer’s Design (3.0%) $8,901.42
B. Developer’s Construction Survey (2.5%) 7,417.85
C. City Legal Expenses (Est. 0.5%) 1,483.57
D. City Construction Observation (Est. 5.0%) 14,835.70
E. Developer’s Record Drawings (0.5%) 1,483.57
F. Building Demolition 50,000.00
G. Landscaping 22,141.00
H. Lot Corners/Iron Monuments 400.00
OTHER COSTS SUB-TOTAL $106,663.11
TOTAL SECURITIES: $403,377.11
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without notice
if the security is allowed to lapse prior to the end of the required term. If the required public improvements
are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it
down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon
receipt of proof satisfactory to the City that work has been completed and financial obligations to the City
have been satisfied, with City approval the security may be reduced from time to time by ninety percent
(90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by
the Developer's engineer shall be retained as security until all improvements have been completed, all
financial obligations to the City satisfied, the required "as constructed" plans have been received by the City,
a warranty security is provided, and the public improvements are accepted by the City Council. The City’s
standard specifications for utility and street construction outline procedures for security reductions.
34. 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:
Page 114 of 180
16
231562v4 Sundance Lakeville
A. Park Dedication $37,625.83
B. Crystal Lake Surcharge 3,401.50
C. Storm Sewer Charge 43,609.00
D. MS4 Administration Fee 6,091.58
E. Traffic Control Signs 950.00
F. Street Light Operating Fee 904.70
G. Environmental Resources Expenses 496.94
H. Property Data and Asset/Infrastructure Management Fee 360.00
I. City Engineering Administration 8,901.42 (3% for letters of credit)
J. Lift Station Construction 14,270.14
TOTAL CASH REQUIREMENTS $116,611.11
35. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by the City. The one year warranty period on streets shall commence after the
final wear course has been installed and accepted by the City. The Developer shall post maintenance bonds
in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The
City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are
furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used
to pay for warranty work. The City’s standard specifications for utility and street construction identify the
procedures for final acceptance of streets and utilities.
36. 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.
Page 115 of 180
17
231562v4 Sundance Lakeville
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
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.
37. 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
Page 116 of 180
18
231562v4 Sundance Lakeville
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.
38. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to
issuance of a permanent or temporary certificate of occupancy.
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
Page 117 of 180
19
231562v4 Sundance Lakeville
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In the
event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Contract. The Developer covenants with the City, its successors and assigns, that the Developer
is well seized in fee title of the property being final platted and/or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to
their insurance professional for verification that the certificate of insurance is in
compliance with the requirements of the Development Contract. Prior to execution of the
final plat, Developer and its general contractor shall furnish to the City a certificate of insurance
showing proof of the required insurance required under this Paragraph. Developer and its
general contractor shall take out and maintain or cause to be taken out and maintained until six
(6) months after the City has accepted the public improvements, such insurance as shall protect
Developer and its general contractor and the City for work covered by the Contract including
workers’ compensation claims and property damage, bodily and personal injury which may
arise from operations under this Contract, whether such operations are by Developer and its
general contractor or anyone directly or indirectly employed by either of them. The minimum
amounts of insurance shall be as follows:
Page 118 of 180
20
231562v4 Sundance Lakeville
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the states
of the United States and qualified to do business in the State of Minnesota, (ii) shall name the
City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement
which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the
endorsement must be submitted with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least thirty
(30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of
premium.
Page 119 of 180
21
231562v4 Sundance Lakeville
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required
by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all claims,
actions, damages, losses and expenses, including reasonable attorney fees, arising out of
Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor,
subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for
whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive
the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every
other right, power or remedy, express or implied, now or hereafter arising, available to City, at law
or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order
as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the Developer
sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of
Completion and Release.
M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with
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
Page 120 of 180
22
231562v4 Sundance Lakeville
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.
39. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: Attn: Mark A. Davis, 33 South Sixth Street, Suite 4650, Minneapolis, MN 55402.
Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or
mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City
Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
Page 121 of 180
23
231562v4 Sundance Lakeville
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 122 of 180
Page 123 of 180
25
231562v4 Sundance Lakeville
FEE OWNER CONSENT
TO
DEVELOPMENT CONTRACT
RND LAKEVILLE, LLC, a Minnesota limited liability company, fee owner of all or part of the subject
property, the development of which is governed by the foregoing Development Contract, affirms and
consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that
portion of the subject property owned by it.
Dated this _____ day of ____________, 2024.
RND LAKEVILLE, LLC
By:
__________________________ [print name]
Its: _______________________ [title]
STATE OF MINNESOTA )
)ss.
COUNTY OF __________ )
The foregoing instrument was acknowledged before me this _____ day of _____________, 2024, by
_________________________, the _________________________ of RND LAKEVILLE, LLC, a
Minnesota limited liability company, on behalf of said entity.
________________________________________
NOTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, Minnesota 55121
651-452-5000
AMP/smt
Page 124 of 180
26
231562v4 Sundance Lakeville
EXHIBIT “A”
TO
DEVELOPMENT CONTRACT
Legal Description of Property Being Final Platted as
SUNDANCE LAKEVILLE
That part of the West 722.00 feet of the Northeast Quarter of the Northwest Quarter of Section 1, Township
114, Range 21, Dakota County, Minnesota, lying Northerly of Dakota County Right of Way Map No. 145,
according to the recorded map thereof, filed as Document No. 1198129, Dakota County, Minnesota, except
that part lying Westerly, Southwesterly and Westerly of the following described line:
Commencing at the Northeast corner of said Northeast Quarter of the Northwest Quarter; thence North 89
degrees 45 minutes 28 seconds West, an assumed bearing along the North line of the Northeast Quarter
of the Northwest Quarter of said Section 1, a distance of 1064.56 feet to the point of beginning of the line
to be described; thence South 00 degrees 45 minutes 50 seconds West, a distance of 385.50 feet; thence
Southeasterly along a non-tangential curve concave to the Southwest, having a radius of 140.00 feet, an
included angle of 75 degrees 03 minutes 19 seconds, an arc length of 183.39 feet and a chord bearing of
South 36 degrees 12 minutes 31 seconds East; thence South 01 degree 19 minutes 08 seconds West,
tangent to last described curve, a distance of 307.15 feet to the Northerly line of said Dakota County Right
of Way Map No. 145 and there terminating.
Dakota County, Minnesota
Abstract Property
And
That part of the Northeast Quarter of the Northwest Quarter of Section 1, Township 114, Range 21, Dakota
County, Minnesota, lying Northerly and Northwesterly of Dakota County Right of Way Map No. 145,
according to the recorded map thereof, filed as Document No. 1198129, Dakota County, Minnesota, and
Easterly of the West 722.00 feet of said Northeast Quarter of the Northwest Quarter, according to the
United States Government Survey thereof.
Dakota County, Minnesota
Abstract Property
[To be platted as Sundance Lakeville, Dakota County, Minnesota.]
Page 125 of 180
1
231657v3
STORMWATER MAINTENANCE AGREEMENT/
BEST MANAGEMENT PRACTICE FACILITIES
AND LICENSE AGREEMENT
THIS AGREEMENT is made and entered into as of the ______ day of _____________,
2024, by and between RND LAKEVILLE, LLC, a Minnesota limited liability company (the
“Owner”) and the CITY OF LAKEVILLE, a Minnesota municipal corporation (the “City”).
A. The Owner and/or affiliate of Owner is the owner of certain real property located
in Dakota County, Minnesota legally described in Exhibit A attached hereto ("Property"); and
B. The Owner is proceeding to build on and develop the Property, and has requested
City approval of the final plat (“Plat Approval”) and site plan for the proposed development of the
Sundance Lakeville plat; and
C. The final plans for Sundance Lakeville, hereinafter called the "Plans", submitted
in support of the Plat Approval, 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
Property; and
D. 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 Property; and
E. 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 final site plan approval of the Property; and
F. As a condition of final plat approval the Owner is required to enter into this
Agreement and grant to the City an easement for access, drainage and utility over a portion of the
Page 126 of 180
2
231657v3
Property (the “Easement Area”) legally described on Exhibit B attached hereto 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 Plan and the City engineering standards for stormwater treatment
facilities attached hereto as Exhibit C. 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 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 storage 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 C.
4. City Access and Maintenance Rights.
A. The Owner hereby grants the City a license, its authorized agents and employees,
to, upon reasonable advance notice to Owner, enter upon the Property and to inspect the
stormwater management/BMP facilities whenever the City reasonably deems necessary. 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 in accordance with the terms of this Agreement and such
failure continues for 60 days after the City gives the Owner written notice of such failure, the City
may enter upon the Property and take whatever steps necessary, including excavation and the
storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The
Page 127 of 180
3
231657v3
City's notice shall specifically state which maintenance tasks are to be performed. The City may
charge the costs, including assessing the City’s costs to the Owner’s property taxes of such repairs,
to the Owner, its successors and assigns. 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 Easement Area
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 there from the
Stormwater Facilities. The Owner expressly agrees to defend and hold the City harmless from any
such third-party claim.
5. Grant of Easement. Owner hereby grants to the City, its successors and assigns,
a permanent non-exclusive easement for access to the Stormwater Facilities over, on and across
the Property and for the purpose of accessing and maintaining the Stormwater Facilities pursuant
to the terms of this Agreement over, on, across, under and through the Easement Area. The
easement shall include the rights, but not the obligation, of the City, its contractors, agents,
servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and
maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, and
excavate the Easement Area, and the further right to remove trees, bushes, undergrowth, and other
obstructions interfering with the location, construction, and maintenance of said private
Stormwater Facilities systems.
6. 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.
7. 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.
8. Notice. All notices required under this Agreement shall either be personally
delivered or be sent by certified or registered mail and addressed as follows:
Page 128 of 180
4
231657v3
To the Owner: RND Lakeville, LLC
5105 Vernon Avenue S
Edina, Minnesota 55436
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.
9. Successors/Covenants Run with Property. All duties and obligations of Developer
under this Agreement shall also be duties and obligations of Developer’s successors and assigns.
The terms and conditions of this Agreement shall run with the Property.
[Remainder of page intentionally left blank.]
[Signature pages to follow.]
Page 129 of 180
Page 130 of 180
6
231657v3
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 131 of 180
7
231657v3
EXHIBIT A
TO
STORMWATER MAINTENANCE AGREEMENT
Legal Description of the Owner Property
Outlot B, Sundance Lakeville, Dakota County, Minnesota according to the recorded plat thereof.
Page 132 of 180
8
231657v3
EXHIBIT B Page 1
TO
STORMWATER MAINTENANCE AGREEMENT
Legal description of the Easement
An easement for drainage, utility, and access purposes over, under, and across that part of Outlot B,
SUNDANCE LAKEVILLE, according to the recorded plat thereof, Dakota County, Minnesota,
described as follows:
Commencing at the northeast corner of said Outlot B; thence South 00 degrees 39 minutes 19
seconds West, assumed bearing along the east line of said Outlot B, a distance of 414.04 feet to the
point of beginning; thence continuing South 00 degrees 39 minutes 19 seconds West 93.67 feet to
the most easterly southeast corner of said Outlot B; thence southwesterly 16.13 feet along the
southeasterly line of said Outlot B, along a non-tangential curve concave to the southeast, having a
radius of 390.00 feet, a central angle of 02 degrees 22 minutes 13 seconds, and a chord bearing of
South 41 degrees 57 minutes 34 seconds West, to a corner on said southeasterly line; thence North
49 degrees 13 minutes 36 seconds West, along said southeasterly line, 20.00 feet to a corner on said
southeasterly line; thence southwesterly 101.31 feet along said southeasterly line, along a non-
tangential curve concave to the southeast, having a radius of 410.00 feet, a central angle of 14 degrees
09 minutes 25 seconds, and a chord bearing of South 33 degrees 41 minutes 44 seconds West; thence
westerly 129.19 feet along the southerly line of said Outlot B, along a non-tangential curve concave
to the south, having a radius of 414.00 feet, a central angle of 17 degrees 52 minutes 46 seconds, and
a chord bearing North 76 degrees 53 minutes 22 seconds West; thence North 21 degrees 02 minutes
49 seconds East 159.88 feet; thence South 89 degrees 20 minutes 41 seconds East 150.97 feet to the
point of beginning.
Page 133 of 180
9
231657v3
EXHIBIT B Page 2
TO
STORMWATER MAINTENANCE AGREEMENT
Page 134 of 180
10
231657v3
EXHIBIT C
CITY OF LAKEVILLE
ENGINEERING STANDARDS FOR STORM WATER
TREATMENT FACILITIES
[SUBJECT TO CLIENT REVIEW]
Pond Maintenance Requirements
1. Annual inspection, maintenance reporting and certification by a professional engineer
(Provided by Owner). Information must be submitted to the City annually.
2. Excavate pond to original design capacity when one half (1/2) of the wet volume of the pond is lost
due to sediment deposition.
3. Remove floatable debris in and around the pond area including, but not limited to: oils, gases, debris
and other pollutants.
4. Maintain landscape adjacent to the facility per original design, including but not limited to:
maintenance of the buffer strip and other plant materials as per original plan design.
5. Maintenance of all erosion control measures including but not limited to: rip rap storm sewer outlets,
catch basin inlets, etc.
Infiltration/Rain Garden Maintenance Requirements
1. Inlet and Overflow Spillway – Remove any sediment build-up or blockage and correct any erosion.
2. Vegetation
a. Maintain at least 80% surface area coverage of plants approved per plan.
b. Removal of invasive plants and undesirable woody vegetation.
c. Removal of dried, dead and diseased vegetation.
d. Re-mulch void or disturbed/exposed areas.
3. Annual inspection and maintenance efforts must be documented and submitted to the City.
Underground Infiltration System
1. Inspection of street or parking surface must be inspected for evidence of potholes, sinkholes, sediment
build up, or surface ponding annually.
2. Annual inspections must be completed of pipe symmetry, pipe joint connections, and outlet structures
to look for cracks, defects, misalignment, or seepage.
3. Inspection for accumulation of sediment must be done annually, maintenance should be performed
when sediment accumulation occurs.
4. Visual inspection for trash and debris must be conducted monthly and following rain events of 1 inch
or greater in 24 hours.
5. Inspections must be performed annually to look for oil accumulation in device or immediately after a
spill occurs. Maintenance must be done when a layer of oil/gasoline develops on the surface.
Page 135 of 180
11
231657v3
Environmental Manhole Maintenance Requirements
1. Annual inspections, maintenance reporting and certification must be completed by a professional
engineer licensed in the State of Minnesota at Owner’s expense. Information must be submitted to
the City annually.
2. Maintenance must be performed once the sediment or oil depth exceeds the established requirements
recommended by the manufacturer.
3. Maintenance must occur immediately after a spill takes place. Appropriate regulatory agencies must
also be notified in the event of a spill.
4. Disposal of materials shall be in accordance with local, state and federal requirements as applicable.
Page 136 of 180
1
City of Lakeville
Community Development Dept
Memorandum
To: Tina Goodroad, Community Development Director
From: Frank Dempsey, AICP, Associate Planner
Date: July 11, 2024
Subject: Packet Material for the July 15, 2024 City Council Meeting
Agenda Item: Final plat of two lots and two outlots to be known as Sundance Lakeville
Action Deadline: August 23, 2024
BACKGROUND
Mark A. Davis, Davis HRE representatives have submitted final plat applications and plans for
Sundance Lakeville, which proposes two commercial lots totaling 3.0 acres to include the
construction of two single story medical clinic buildings north of 162nd Street (CSAH 46) and west
of Buck Hill Road. The City Council approved the preliminary plat on July 1, 2024.
The proposed Sundance Lakeville medical buildings represent the first phase development
proposed at this location on 18.75 acres. The second phase is proposed to include the development
of 167 rental townhome units and nine single family homes north of the proposed medical clinic
site which will be considered at a public hearing with the Planning Commission July 18, 2024.
The following exhibits are attached for your information:
EXHIBITS
A. Location and Zoning Map
B. Aerial Photo
C. Preliminary Plat
D. Final Plat
E. Site Plan
F. Grading Plan and Erosion
G. Utility Plans
Page 137 of 180
2
Zoning and Surrounding Uses. The subject property on which the medical buildings will be
located is zoned C-3, General Commercial District. The remaining property north of proposed Lot
1, Block 1 is zoned M-1, Mixed Use I-35 Corridor District and guided for high density residential
use by the 2040 Comprehensive Land Use Plan as amended November 20, 2023. The proposed
medical building project is surrounded by the following land uses:
Direction Existing Use Land Use Plan Zoning
North Undeveloped Property High Density Residential M-1, Mixed Use I-35
Corridor District
South 162nd Street (CSAH 46) and
Commercial Development
162nd Street Right of Way and
Commercial
C-3, General
Commercial District
East Buck Hill Road/Stormwater Basin
and I-35 Right of Way
Restricted Development Undesignated (Right-
of-Way
West Kendale Drive Right-of-Way and
Single Family Residential Property
Low to Medium Density
Residential
RST-2, Single and
Two Family
Residential District
STAFF ANALYSIS
FINAL PLAT
Proposed Lots 1 and 2, Block 1, Sundance Lakeville will include two-single-story medical clinic
buildings and shared on-site parking.
a. Comprehensive Plan. The property is located in Planning District No. 1 of the 2040
Comprehensive Land Use Plan and is within the current Metropolitan Urban Service Area
(MUSA). City municipal services, including sanitary sewer service, are available to serve the
property. The subject property is guided commercial therefore, the proposed commercial use is
consistent with the 2040 Comprehensive Land Use Plan. The proposed Sundance Lakeville
preliminary and final plat meets the recommended goals and objectives outlined in Planning
District No. 1 of the 2040 Comprehensive Plan.
b. Lot/Block/Outlot. The proposed lots exceed the minimum lot area and lot width requirements
of the C-3, General Commercial District. Outlot A shall be deeded to the City as future Kendale
Drive right-of-way. Outlot B will total 14.74 acres and will be retained by the developer for future
high-density townhomes.
Lot Area and
Lot Width Requirements
Lot 1
Lot 2 Outlot A Outlot B
20,000 Square Feet 1.60 acres 1.40 acres 0.22 acres 14.74 acres
100 feet 268 feet 218 feet NA NA
Page 138 of 180
3
c. Grading, Drainage, Erosion Control and Utilities. City sanitary sewer and water is currently
available to the site, which is within the current MUSA. All public utilities will be constructed by
the developer to serve the proposed preliminary and final plat following final plat approval.
The Developer shall pay a cash fee for construction of sanitary sewer lift station No. 26 that is
presently under construction. The fee is calculated based on the development impact to the overall
sanitary flow to the lift station.
Grading and utility plans have been submitted with the Sundance Lakeville preliminary and final
plat plans. Grading, drainage, erosion control, utility, and tree preservation review comments are
addressed in the engineering report prepared by Jon Nelson, Assistant City Engineer and Mac
Cafferty, Environmental Resources Manager, dated July 11, 2024. A copy of the engineering report
is attached for reference.
d. Park Dedication, Trails and Sidewalks. The City’s Comprehensive Parks, Trails, and Open
Space Plan does not identify any future park land needs in the area of the plat. A bituminous trail
is in place along the north side of 162nd Street (CSAH 46). Concrete sidewalk will be installed along
Kendale Drive in conjunction with development of the residential Sundance project. Park
dedication will be satisfied with a cash fee in effect at the time of final plat approval. The 2024 park
dedication cash fee rate in lieu of park land is $9,383 per acre.
e. Wetlands. There are no wetlands associated with the Sundance Lakeville preliminary and final
plat property.
f. Tree Preservation. The tree preservation plan identifies 738 significant trees on site. The tree
preservation plan for the commercial portion of the development proposes to save 643 trees.
RECOMMENDATION
Community Development Department staff recommends approval of the final plat of Sundance
Lakeville, subject to the following stipulations:
1. Implementation of the recommendations listed in the July 11, 2024 engineering report.
2. Outlot A shall be deeded to the City as future Kendale Drive right-of-way.
3. The site and buildings shall be developed in compliance with the plans approved by the
City Council and Zoning Ordinance requirements.
4. Park dedication must be paid at the time of final plat approval.
5. All landscaped areas adjacent to the building and parking lot shall be irrigated. Trees
and shrubs shall not be planted in street right-of-way and shall comply with minimum
size requirements.
6. The developer shall submit a financial security to guarantee installation of the approved
landscaping at the time of final plat approval.
Page 139 of 180
4
7. All signs shall comply with the Zoning Ordinance requirements for the C-3 District. A
sign permit shall be issued by the Planning Department prior to the installation of any
signs.
8. Snow storage shall not take place in required parking spaces.
9. Site lighting shall not exceed one foot candle at the property line adjacent to public
right-of-way. All exterior light fixtures shall be down-cast design so as not to glare onto
public right-of-way.
10. The trash enclosures shall be constructed of materials consistent with the principal
building and shall include a durable, maintenance free gate.
11. An easement allowing shared public access over the private drive shall be submitted
prior to final plat recording.
12. A ten foot wide temporary drainage and utility easement shall be dedicated over
Outlots A and B to expire upon final plat into road right-of-way and lots and blocks.
13. No parking signs shall be installed on both sides of the street private street.
14. The two buildings will have a shared parking agreement to allow parking over both lots.
The shared parking agreement shall be submitted prior to final plat recording.
15. Prior to issuance of a building permit, the landscape plan shall be amended to include
parking lot screening along the south boundary of the parking lot and shrub sizes shall
be amended to comply with minimum size requirements in compliance with Zoning
Ordinance requirements.
Page 140 of 180
EXHIBIT A
Page 141 of 180
CITY OF BURNSVILLE
COUNTY ROAD 46
EXHIBIT B
Page 142 of 180
R=410.00L=265.91Δ=37°09'37"C.Brg=S22°11'39"WC=261.28R=4 6 81.6 6
L=87 .5 3
Δ=1°0 4 '16 "
S88°40'52"E 712.12S01°19'08"W 307.15R
=1
4
0
.00L
=1
8
3
.39Δ
=
7
5
°
0
3'19"
C.B
rg
=S
3
6
°12'31"EC
=1
7
0
.56S00°45'50"W 385.50N89°45'28"W 1064.56
N00°39'19"E 507.71R=390.00L=16.13Δ=2°22'13"C.Brg=S41°57'34"W
C=16.13S49°13'36"E
20.00
N03°36'50"E73.38S86°23'10"E
40.00
N03°36'50"E
25.68
DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO.145 DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO.1451
OUTLOT B
OUTLOT AKENDALE DRIVEN01°30'01"E 287.28N01°30'01"E 197.34N02°39'36"W
72.72
N08°29'31"W
19.15
68.60
218.31
20.52
R
=2
1
1.
4
5
L
=2
3
2.
2
2Δ=62°55'31"C
.Br
g
=N3
3
°
2
1'20"WC=220.73R
=
27
1.4
5
L
=
3
2
6.6
9
Δ=6
8
°
5
7
'
2
4
"C.Br
g=N35°58'23"WC=307.3326.4064.45N00°00'00"E 172.75L=164.60Δ=23°00'12"R =170.0 0 L =1 5 3 .0 2 Δ =5 1 °3 4 '2 7 "N90°00'00"E 185.01
R=414.00L=159.33Δ=22°03'01"C.Brg=N78°58'29"WC=158.35 L=101.31Δ=14°09'25"R =9 9 .0 4L =7 3 .5 8Δ =4 2 °3 4 '12"C .B r g =N 5 9 °4 2 '39"EC =7 1 .9 0
141.21
79.60105.41
2 S01°19'08"W 103.89N88°40'52"W 76.00
S01°19'08"W 176.33BLOCK 1
FOR RE
V
I
E
W
O
N
L
Y
PRELIM
I
N
A
R
Y
NOT FO
R
C
O
N
S
T
R
U
C
T
I
O
N
5SUNDANCE LAKEVILLECUP/PRELIMINARY & FINAL PLATPRELIMINARY PLAT733 Marquette Avenue
Minneapolis, MN 55402
612.758.3080
www.alliant-inc.com
Suite 700
LEGEND:
LEGAL DESCRIPTION:
EXHIBIT C
Page 143 of 180
R=410.00L=265.91Δ=37°09'37"C.Brg=S22°11'39"WC=261.28R=4 6 81.6 6
L=8 7 .5 3
Δ=1°0 4 '16 "
S88°40'52"E 712.12S01°19'08"W 307.15R
=1
4
0
.00L
=1
8
3
.39Δ
=
7
5
°
0
3'19"
C.Brg
=
S
3
6
°12'31"EC
=
1
7
0
.56S00°45'50"W 385.50N89°45'28"W 1064.56
N00°39'19"E 507.71R=390.00L=16.13Δ=2°22'13"C.Brg=S41°57'34"W
C=16.13S49°13'36"E
20.00
N03°36'50"E73.38S86°23'10"E
40.00
N03°36'50"E
25.68
DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO.145 DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO.1451
OUTLOT B
OUTLOT A
KENDALE DRIVEN01°30'01"E 287.28N01°30'01"E 197.34N02°39'36"W
72.72
N08°29'31"W
19.15
68.60
218.31
20.52
R
=
2
11.
4
5
L
=2
3
2.
2
2Δ=62°55'31"C
.Brg=N3
3
°
2
1
'20"WC=220.73R=271.45
L
=
3
2
6.6
9
Δ
=6
8
°
5
7
'
2
4
"C.Br
g=N35°58'23"WC=307.3326.4064.45N89°45'28"W 1568.22
N00°00'00"E 172.75L=164.60Δ=23°00'12"R=170.00 L =1 5 3 .0 2 Δ =5 1 °3 4 '2 7 "N90°00'00"E 185.01
R=414.00L=159.33Δ=22°03'01"C.Brg=N78°58'29"WC=158.35 L=101.31Δ=14°09'25"R =9 9 .0 4L =7 3 .5 8Δ =4 2 °3 4 '12"C .B r g =N 5 9 °4 2'39"EC =7 1 .9 0
141.21
79.60105.41
2 S01°19'08"W 103.89N88°40'52"W 76.00
S01°19'08"W 176.33BLOCK 1
SUNDANCE LAKEVILLE
EXHIBIT D
Page 144 of 180
COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL RD(PUBLIC)PHASE 1
MEDICAL BUILDING
13,929 SF
FFE = 1008.00
LOT AREA=1.60 ACRES
PHASE 2
MEDICAL BUILDING
12,076 SF
FFE = 1009.30
LOT AREA=1.40 ACRES
PROPOSED PRIVATE DRIVE
COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL RD(PUBLIC)1005.75
1006.00
1006.00
1006.31 1005.66
1005.97
1006.55
1006.611006.57
1008.25
1008.28
1008.30
1008.30
1008.30 1008.13
1008.10
1008.10
1008.30
1008.30 1008.08
1008.08
1008.29 1007.28
1006.54
1007.36
1007.06
1007.06 1007.40
1007.30
1007.10
1007.06
1007.06
1007.10 1007.30
1007.301007.05
1007.06
1007.39 1007.04
1007.30
1007.04
1007.30 1006.30
1005.96
1005.79
1005.41
1005.511006.51
1006.26
1006.20
1005.86
1005.61
1006.55
1006.80
1007.02
1006.58
1008.00
1008.00
1007.70
1007.70
1007.701007.70
1007.701007.70
1007.70
1007.06
1008.30
1009.30
1008.801008.80
1008.80 1009.30
1008.50 1009.00
1008.80 1009.00
1007.40
1007.491007.86
1007.86
1007.57
1007.73
1007.57
1007.73
1006.13
1006.27
1006.57
1006.691006.49
1006.82
1006.04
1006.10 1006.25
1006.511006.12
1007.49
1007.90
1007.99
1007.86
1007.73
1007.57
1006.37 1006.60
1006.53
1006.37
1006.73
1007.70
1007.57
1007.73
1007.57
1007.73
1007.02 1007.30
1007.31
1007.06
1006.60
1007.00
1007.11
1007.06
1006.37
1006.25
1008.10
1006.65
1007.70
1006.49
1006.12
1006.10 1006.20
1006.68
2.3%
3.0%1.2%2.3%1.7%1.9%2.1%2.6%1.8%2.1%
1.3%
2.7
%
1.8%
1.8%
2.1%
1.7%
1.2%
1.2%
1.6%
2.0%
1.0%
1.5%
1.4%
1.0%1.9%1.5%1.0%1.9%1.0%1.0%1.0%1.0%1.0%1.0%1.0%1.3%1.0%
0.9%
0.9%
1.2%
7:1
8:
13:13:14:16:1
5:1
4:11.4%1.5%1.5%1.5%1.1%1.9%1.8%1.5%
2.5%2.0%2.0%8:1
1003.16
0+
0
0
1+00
2+003+003+33.01
1004.02
1004.27
100
6
1007
10
0
0
10
0
1
10
0
2
10
0
3
10051002100310041006
100710071007100710071007100810081008100810071
0
0
8
10
0
9
1009
1007
1008
10
0
5
100
4
1
0
0
6
10061005100310041005100610071005
1001
1002
1003
1004
1006
1007
1005
10021003
1004
1006
1007
1006
1007
1008
10081008 10009991005100610021003100410061
0
0
6 998997.75
997.54
997.32
997.12
997.51
997.49
997.67
997.80BREAK LINEBREA
K
L
I
N
E BREAKBREAK LINEBREAK LINEBREAK LINE
BREAK LINE 4.3%
993995100010051009993
995
1000
1002
1000 993995100010021002993
995
1000
1005
1010
993995100010021014
1010
100510111007
1008
1009
1007
1008
1009
10071008100
9
1010100810081009101110121.4%1.5%101010081009100810081008 1
0
0
7
1007
1009.28
1008.88
1006.93
1006.46
1001.70
999.33
100
1
10009991003
1005
1007
TEMPORARY
INFILTRATION BASIN
HWL=997.67
BOTTOM=993.00
1008.10 1.0%0.9%
1008.10
1007.71
1008.02
1.0%1.0%
1.0%1.0%1009.30
LOUCKS
W:\2023\23523\CADD DATA\CIVIL\_dwg Sheet Files\C3-1 GRADING PLANPlotted: 03 /14 / 2024 11:53 AM7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
SUBMITTAL/REVISIONS
PROFESSIONAL SIGNATURE
QUALITY CONTROL
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
CADD QUALIFICATION
LAKEVILLE
M.O.B.
Lakeville, Minnesota
33 SOUTH 6TH STREET, SUITE 4650
MINNEAPOLIS, MN 55402
02/26/24 CITY SUBMITTAL
03/14/24 CITY RESUBMITTAL
Review Date
SHEET INDEX
License No.
Date
I hereby certify that this plan, specification or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Professional Engineer under the
laws of the State of Minnesota.
PJ Disch - PE
49933
Project Lead
Drawn By
Checked By
Loucks Project No.23523.00
PJD
DDL
PJD
03/14/24
-
C1-1
C2-1
C2-2
C3-1
C3-2
C3-3
C4-1
C4-2
C8-1
C8-2
L1-1
L1-2
L2-1
L2-2
DEMOLITION PLAN
AREA SITE PLAN
SITE PLAN
GRADING PLAN
SWPPP
SWPPP NOTES
SANITARY AND WATER PLAN
STORM SEWER PLAN
CITY DETAILS
CIVIL DETAILS
LANDSCAPE PLAN
LANDSCAPE DETAILS
TREE PRESERVATION PLAN
TREE PRESERVATION DATA
GRADING
PLAN
C3-1
GRADING & DRAINAGE NOTES
1.SPOT ELEVATIONS REPRESENT FINISHED SURFACE GRADES, GUTTER/FLOW LINE, FACE OF BUILDING, OR EDGE
OF PAVEMENT UNLESS OTHERWISE NOTED.
2.CATCH BASINS AND MANHOLES IN PAVED AREAS SHALL BE SUMPED 0.04 FEET. ALL CATCH BASINS IN
GUTTERS SHALL BE SUMPED 0.16 FEET. RIM ELEVATIONS SHOWN ON PLANS DO NOT REFLECT SUMPED
ELEVATIONS.
3.ALL DISTURBED UNPAVED AREAS ARE TO RECEIVE MINIMUM OF 4 INCHES OF TOP SOIL AND SEED/MULCH OR
SOD. THESE AREAS SHALL BE WATERED/MAINTAINED BY THE CONTRACTOR UNTIL VEGETATION IS
ESTABLISHED.
4.FOR SITE RETAINING WALLS "TW" EQUALS SURFACE GRADE AT TOP FACE OF WALL (NOT TOP OF WALL), AND
"GW" EQUALS SURFACE GRADE AT BOTTOM FACE OF WALL (NOT BOTTOM OF BURIED WALL COURSES).
5.RETAINING WALLS OVER 4 FEET IN HEIGHT WILL REQUIRE A BUILDING PERMIT.
6.STREETS MUST BE CLEANED AND SWEPT WHENEVER TRACKING OF SEDIMENTS OCCURS AND BEFORE SITES ARE
LEFT IDLE FOR WEEKENDS AND HOLIDAYS. A REGULAR SWEEPING SCHEDULE MUST BE ESTABLISHED.
7.DUST MUST BE ADEQUATELY CONTROLLED.
8.SEE SWPPP FOR ADDITIONAL EROSION CONTROL NOTES AND REQUIREMENTS.
9.SEE UTILITY PLANS FOR WATER, STORM AND SANITARY SEWER INFORMATION.
10.SEE SITE PLAN FOR CURB AND BITUMINOUS TAPER LOCATIONS
11.TEMPORARY OR PERMANENT MULCH BE UNIFORMLY APPLIED BY MECHANICAL OR HYDRAULIC MEANS AND
STABILIZED BY DISC-ANCHORING OR THE USE OF HYDRAULIC SOIL STABILIZERS.
12.TEMPORARY VEGETATIVE COVER CONSISTING OF A SUITABLE, FAST-GROWING, DENSE GRASS SEED MIX SPREAD
AT A MINIMUM AT THE MNDOT-SPECIFIED RATE PER ACRE. IF TEMPORARY COVER IS TO REMAIN IN PLACE
BEYOND THE PRESENT GROWING SEASON, TWO-THIRDS OF THE SEED MIX SHALL BE COMPOSED OF
PERENNIAL GRASSES.
N
SCALE IN FEET
0 20 40
TOLL FREE: 1-800-252-1166
TWIN CITY AREA: 651-454-0002
Gopher State One Call
CALL BEFORE YOU DIG!
WARNING:
THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL
EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN
MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES.
THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT
LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES,
CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE
DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED
DURING CONSTRUCTION AT NO COST TO THE OWNER.
PARKING STALL COUNT
ACCESSIBLE PARKING STALL
2
LEGEND
CATCH BASIN
STORM SEWER
SANITARY SEWER
WATERMAINSTORM MANHOLE
SANITARY MANHOLE
HYDRANT
GATE VALVE
SPOT ELEVATION
SIGN
LIGHT POLE
POWER POLE
WATER MANHOLE / WELL
CONTOUR
CONCRETE CURB
UNDERGROUND ELECTRIC
CONCRETE
TELEPHONE PEDESTAL
UNDERGROUND TELEPHONE
UNDERGROUND GAS
OVERHEAD UTILITY
CHAIN LINK FENCE
BUILDING
RETAINING WALL
NO PARKING
UNDERGROUND FIBER OPTIC
SANITARY SEWER SERVICE
WATER SERVICE
ELECTRIC METER
GAS METER
TREE LINE
EXISTING PROPOSED
972
DRAINTILE
FORCEMAIN
PARKING SETBACK LINE
BUILDING SETBACK LINE
2
FENCE
FLARED END SECTION
POST INDICATOR VALVE
BENCHMARK
SOIL BORING DIRECTION OF FLOW 1.0%
972.5
EXHIBIT E
Page 145 of 180
COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL RD(PUBLIC)PHASE 1
MEDICAL BUILDING
13,929 SF
FFE = 1008.00
LOT AREA=1.60 ACRES
PHASE 2
MEDICAL BUILDING
12,076 SF
FFE = 1009.30
LOT AREA=1.40 ACRES
PROPOSED PRIVATE DRIVE
COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL RD(PUBLIC)1005.75
1006.00
1006.00
1006.31 1005.66
1005.97
1006.55
1006.611006.57
1008.25
1008.28
1008.30
1008.30
1008.30 1008.13
1008.10
1008.10
1008.30
1008.30 1008.08
1008.08
1008.29 1007.28
1006.54
1007.36
1007.06
1007.06 1007.40
1007.30
1007.10
1007.06
1007.06
1007.10 1007.30
1007.301007.05
1007.06
1007.39 1007.04
1007.30
1007.04
1007.30 1006.30
1005.96
1005.79
1005.41
1005.511006.51
1006.26
1006.20
1005.86
1005.61
1006.55
1006.80
1007.02
1006.58
1008.00
1008.00
1007.70
1007.70
1007.701007.70
1007.701007.70
1007.70
1007.06
1008.30
1009.30
1008.801008.80
1008.80 1009.30
1008.50 1009.00
1008.80 1009.00
1007.40
1007.491007.86
1007.86
1007.57
1007.73
1007.57
1007.73
1006.13
1006.27
1006.57
1006.691006.49
1006.82
1006.04
1006.10 1006.25
1006.511006.12
1007.49
1007.90
1007.99
1007.86
1007.73
1007.57
1006.37 1006.60
1006.53
1006.37
1006.73
1007.70
1007.57
1007.73
1007.57
1007.73
1007.02 1007.30
1007.31
1007.06
1006.60
1007.00
1007.11
1007.06
1006.37
1006.25
1008.10
1006.65
1007.70
1006.49
1006.12
1006.10 1006.20
1006.68
2.3%
3.0%1.2%2.3%1.7%1.9%2.1%2.6%1.8%2.1%
1.3%
2.7
%
1.8%
1.8%
2.1%
1.7%
1.2%
1.2%
1.6%
2.0%
1.0%
1.5%
1.4%
1.0%1.9%1.5%1.0%1.9%1.0%1.0%1.0%1.0%1.0%1.0%1.0%1.3%1.0%
0.9%
0.9%
1.2%
7:1
8:
13:13:14:16:1
5:1
4:11.4%1.5%1.5%1.5%1.1%1.9%1.8%1.5%
2.5%2.0%2.0%8:1
1003.16
0+
0
0
1+00
2+003+003+33.01
1004.02
1004.27
100
6
1007
10
0
0
10
0
1
10
0
2
10
0
3
10051002100310041006
100710071007100710071007100810081008100810071
0
0
8
10
0
9
1009
1007
1008
10
0
5
100
4
1
0
0
6
10061005100310041005100610071005
1001
1002
1003
1004
1006
1007
1005
10021003
1004
1006
1007
1006
1007
1008
10081008 10009991005100610021003100410061
0
0
6 998997.75
997.54
997.32
997.12
997.51
997.49
997.67
997.80BREAK LINEBREA
K
L
I
N
E BREAKBREAK LINEBREAK LINEBREAK LINE
BREAK LINE 4.3%
993995100010051009993
995
1000
1002
1000 993995100010021002993
995
1000
1005
1010
993995100010021014
1010
100510111007
1008
1009
1007
1008
1009
10071008100
9
1010100810081009101110121.4%1.5%101010081009100810081008 1
0
0
7
1007
1009.28
1008.88
1006.93
1006.46
1001.70
999.33
100
1
10009991003
1005
1007
TEMPORARY
INFILTRATION BASIN
HWL=997.67
BOTTOM=993.00
1008.10 1.0%0.9%
1008.10
1007.71
1008.02
1.0%1.0%
1.0%1.0%1009.30
LOUCKS
W:\2023\23523\CADD DATA\CIVIL\_dwg Sheet Files\C3-1 GRADING PLANPlotted: 03 /14 / 2024 11:53 AM7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
SUBMITTAL/REVISIONS
PROFESSIONAL SIGNATURE
QUALITY CONTROL
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
CADD QUALIFICATION
LAKEVILLE
M.O.B.
Lakeville, Minnesota
33 SOUTH 6TH STREET, SUITE 4650
MINNEAPOLIS, MN 55402
02/26/24 CITY SUBMITTAL
03/14/24 CITY RESUBMITTAL
Review Date
SHEET INDEX
License No.
Date
I hereby certify that this plan, specification or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Professional Engineer under the
laws of the State of Minnesota.
PJ Disch - PE
49933
Project Lead
Drawn By
Checked By
Loucks Project No.23523.00
PJD
DDL
PJD
03/14/24
-
C1-1
C2-1
C2-2
C3-1
C3-2
C3-3
C4-1
C4-2
C8-1
C8-2
L1-1
L1-2
L2-1
L2-2
DEMOLITION PLAN
AREA SITE PLAN
SITE PLAN
GRADING PLAN
SWPPP
SWPPP NOTES
SANITARY AND WATER PLAN
STORM SEWER PLAN
CITY DETAILS
CIVIL DETAILS
LANDSCAPE PLAN
LANDSCAPE DETAILS
TREE PRESERVATION PLAN
TREE PRESERVATION DATA
GRADING
PLAN
C3-1
GRADING & DRAINAGE NOTES
1.SPOT ELEVATIONS REPRESENT FINISHED SURFACE GRADES, GUTTER/FLOW LINE, FACE OF BUILDING, OR EDGE
OF PAVEMENT UNLESS OTHERWISE NOTED.
2.CATCH BASINS AND MANHOLES IN PAVED AREAS SHALL BE SUMPED 0.04 FEET. ALL CATCH BASINS IN
GUTTERS SHALL BE SUMPED 0.16 FEET. RIM ELEVATIONS SHOWN ON PLANS DO NOT REFLECT SUMPED
ELEVATIONS.
3.ALL DISTURBED UNPAVED AREAS ARE TO RECEIVE MINIMUM OF 4 INCHES OF TOP SOIL AND SEED/MULCH OR
SOD. THESE AREAS SHALL BE WATERED/MAINTAINED BY THE CONTRACTOR UNTIL VEGETATION IS
ESTABLISHED.
4.FOR SITE RETAINING WALLS "TW" EQUALS SURFACE GRADE AT TOP FACE OF WALL (NOT TOP OF WALL), AND
"GW" EQUALS SURFACE GRADE AT BOTTOM FACE OF WALL (NOT BOTTOM OF BURIED WALL COURSES).
5.RETAINING WALLS OVER 4 FEET IN HEIGHT WILL REQUIRE A BUILDING PERMIT.
6.STREETS MUST BE CLEANED AND SWEPT WHENEVER TRACKING OF SEDIMENTS OCCURS AND BEFORE SITES ARE
LEFT IDLE FOR WEEKENDS AND HOLIDAYS. A REGULAR SWEEPING SCHEDULE MUST BE ESTABLISHED.
7.DUST MUST BE ADEQUATELY CONTROLLED.
8.SEE SWPPP FOR ADDITIONAL EROSION CONTROL NOTES AND REQUIREMENTS.
9.SEE UTILITY PLANS FOR WATER, STORM AND SANITARY SEWER INFORMATION.
10.SEE SITE PLAN FOR CURB AND BITUMINOUS TAPER LOCATIONS
11.TEMPORARY OR PERMANENT MULCH BE UNIFORMLY APPLIED BY MECHANICAL OR HYDRAULIC MEANS AND
STABILIZED BY DISC-ANCHORING OR THE USE OF HYDRAULIC SOIL STABILIZERS.
12.TEMPORARY VEGETATIVE COVER CONSISTING OF A SUITABLE, FAST-GROWING, DENSE GRASS SEED MIX SPREAD
AT A MINIMUM AT THE MNDOT-SPECIFIED RATE PER ACRE. IF TEMPORARY COVER IS TO REMAIN IN PLACE
BEYOND THE PRESENT GROWING SEASON, TWO-THIRDS OF THE SEED MIX SHALL BE COMPOSED OF
PERENNIAL GRASSES.
N
SCALE IN FEET
0 20 40
TOLL FREE: 1-800-252-1166
TWIN CITY AREA: 651-454-0002
Gopher State One Call
CALL BEFORE YOU DIG!
WARNING:
THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL
EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN
MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES.
THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT
LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES,
CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE
DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED
DURING CONSTRUCTION AT NO COST TO THE OWNER.
PARKING STALL COUNT
ACCESSIBLE PARKING STALL
2
LEGEND
CATCH BASIN
STORM SEWER
SANITARY SEWER
WATERMAINSTORM MANHOLE
SANITARY MANHOLE
HYDRANT
GATE VALVE
SPOT ELEVATION
SIGN
LIGHT POLE
POWER POLE
WATER MANHOLE / WELL
CONTOUR
CONCRETE CURB
UNDERGROUND ELECTRIC
CONCRETE
TELEPHONE PEDESTAL
UNDERGROUND TELEPHONE
UNDERGROUND GAS
OVERHEAD UTILITY
CHAIN LINK FENCE
BUILDING
RETAINING WALL
NO PARKING
UNDERGROUND FIBER OPTIC
SANITARY SEWER SERVICE
WATER SERVICE
ELECTRIC METER
GAS METER
TREE LINE
EXISTING PROPOSED
972
DRAINTILE
FORCEMAIN
PARKING SETBACK LINE
BUILDING SETBACK LINE
2
FENCE
FLARED END SECTION
POST INDICATOR VALVE
BENCHMARK
SOIL BORING DIRECTION OF FLOW 1.0%
972.5
EXHIBIT F
Page 146 of 180
R=410.00L=265.91Δ=37°09'37"R=4 6 81.6 6
L=8 7 .5 3
Δ=1°0 4 '16 "S88°40'52"E 712.12 R=390.00L=16.13=2°22'13"
S49°13'36"E
20.00
N03°36'50"E73.38S86°23'10"E
40.00
N03°36'50"E
25.68COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL RD(PUBLIC)PHASE 1
MEDICAL BUILDING
13,929 SF
FFE = 1008.00
LOT AREA=1.60 ACRES
PHASE 2
MEDICAL BUILDING
12,076 SF
FFE = 1009.30
LOT AREA=1.40 ACRES
PROPOSED PRIVATE DRIVE
R=410.00L=265.91Δ=37°09'37"R=4 6 81.6 6
L=8 7 .5 3
Δ=1°0 4 '16 "S88°40'52"E 712.12 R=390.00L=16.13=2°22'13"
S49°13'36"E
20.00
N03°36'50"E73.38S86°23'10"E
40.00
N03°36'50"E
25.68COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL RD(PUBLIC)
TEMPORARY
INFILTRATION BASIN
HWL=997.67
BOTTOM=993.00
SAN INSIDE DROP MH 1
RIM=1001.70
INV=995.00 (6") SW
INV=980.27 (8") N
INV=980.27 (8") S
FIELD VERIFY EXACT
INVERT AND LOCATION.
8" COMBINED FIRE &
DOMESTIC SERVICE.
COORDINATE EXACT
INVERT AND LOCATION
WITH MECHANICAL
8x8 TEE
SAN
INV=998.00
COORDINATE EXACT
INVERT AND LOCATION
WITH MECHANICAL
78 LF OF 6"
PVC @ 3.85%
SAN MH 6
RIM=1006.93
INV=996.50
INV=995.73 (8") W
INV=995.73 (8") NW
INV=995.63 (8") NE
INV=996.63 (6") SE
SAN
INV=998.00
COORDINATE EXACT
INVERT AND LOCATION
WITH MECHANICAL
41 LF OF 6"
PVC @ 3.80%
8" COMBINED FIRE &
DOMESTIC SERVICE.
COORDINATE EXACT
INVERT AND LOCATION
WITH MECHANICAL
8x8 TEE AND 8"
GATE VALVE.
8" - C-900 COMBINED
FIRE & DOMESTIC
SERVICE.
8" - C-900 COMBINED
FIRE & DOMESTIC
SERVICE.
8" GATE VALVE
8" GATE VALVE
8" GATE VALVE
CONNECT TO
12"
WATERMAIN
WITH 12x8 TEE
8x6 TEE
6" - C-900 FIRE
HYDRANT SERVICE.
FIRE HYDRANT AND
GATE VALVE
8x8 TEE
8" GATE VALVE PLUG 8"
WATERMAIN
FOR FUTURE
EXPANSION
PLUG 8"
WATERMAIN
FOR FUTURE
EXPANSION
8x8 TEE
8" GATE VALVE
PLUG 8"
WATERMAIN
FOR FUTURE
EXPANSION
8" GATE VALVE
PLUG 8"
WATERMAIN
FOR FUTURE
EXPANSION
SAN MH 2
RIM=999.33
INV=982.38 (8") W
INV=982.28 (8") S
OUTSIDE DROP SAN MH 3
RIM=1004.02
INV=993.80 (8") N
INV=993.80 (8") W
INV=983.70 (8") E
SAN MH 4
RIM=1009.28
INV=994.84 (8") W
INV=994.84 (8") N
INV=994.74 (8") E
SAN MH 5
RIM=1008.88
INV=995.22 (8") SW
INV=995.12 (8") E
SAN MH 7
RIM=1006.50
INV=996.07 (8") W
INV=995.97 (8") E
37 LF OF 8"
SDR 35 @ 5.43%
98 LF OF 8"
SDR 35 @ 1.35%
236 LF OF 8"
SDR 35 @ 0.40%
69 LF OF 8"
SDR 35 @ 0.40%
104 LF OF 8"
SDR 35 @ 0.40%
60 LF OF 8"
SDR 35 @ 0.40%
37 LF OF 8"
SDR 35 @ 1.35%
PLUG AT INV=994.30
20 LF OF 8"
SDR 35 @ 0.40%
PLUG AT INV=994.92
20 LF OF 8"
SDR 35 @ 0.40%
PLUG AT INV=995.81
20 LF OF 8"
SDR 35 @ 0.40%
PLUG AT
INV=996.15
LOUCKS
W:\2023\23523\CADD DATA\CIVIL\_dwg Sheet Files\C4-1 SANITARY AND WATERMAIN PLANPlotted: 03 /14 / 2024 2:35 PM7200 Hemlock Lane, Suite 300
Maple Grove, MN 55369
763.424.5505
www.loucksinc.com
PLANNING
CIVIL ENGINEERING
LAND SURVEYING
LANDSCAPE ARCHITECTURE
ENVIRONMENTAL
SUBMITTAL/REVISIONS
PROFESSIONAL SIGNATURE
QUALITY CONTROL
CADD files prepared by the Consultant for this project are
instruments of the Consultant professional services for use solely
with respect to this project. These CADD files shall not be used
on other projects, for additions to this project, or for completion
of this project by others without written approval by the
Consultant. With the Consultant's approval, others may be
permitted to obtain copies of the CADD drawing files for
information and reference only. All intentional or unintentional
revisions, additions, or deletions to these CADD files shall be
made at the full risk of that party making such revisions, additions
or deletions and that party shall hold harmless and indemnify the
Consultant from any & all responsibilities, claims, and liabilities.
CADD QUALIFICATION
LAKEVILLE
M.O.B.
Lakeville, Minnesota
33 SOUTH 6TH STREET, SUITE 4650
MINNEAPOLIS, MN 55402
02/26/24 CITY SUBMITTAL
03/14/24 CITY RESUBMITTAL
Review Date
SHEET INDEX
License No.
Date
I hereby certify that this plan, specification or report was
prepared by me or under my direct supervision and that
I am a duly Licensed Professional Engineer under the
laws of the State of Minnesota.
PJ Disch - PE
49933
Project Lead
Drawn By
Checked By
Loucks Project No.23523.00
PJD
DDL
PJD
03/14/24
-
C1-1
C2-1
C2-2
C3-1
C3-2
C3-3
C4-1
C4-2
C8-1
C8-2
L1-1
L1-2
L2-1
L2-2
DEMOLITION PLAN
AREA SITE PLAN
SITE PLAN
GRADING PLAN
SWPPP
SWPPP NOTES
SANITARY AND WATER PLAN
STORM SEWER PLAN
CITY DETAILS
CIVIL DETAILS
LANDSCAPE PLAN
LANDSCAPE DETAILS
TREE PRESERVATION PLAN
TREE PRESERVATION DATA
SANITARY
SEWER &
WATERMAIN
PLAN
C4-1
1. ALL SANITARY SEWER, STORM SEWER AND WATERMAIN UTILITIES SHALL BE FURNISHED AND INSTALLED PER THE
REQUIREMENTS OF THE SPECIFICATIONS,THE MINNESOTA PLUMBING CODE, THE LOCAL GOVERNING UNIT ,
AND THE STANDARD UTILITIES SPECIFICATION OF THE CITY ENGINEERS ASSOCIATION OF MINNESOTA (CEAM),
2013 EDITION.
2. ALL UTILITY PIPE BEDDING SHALL BE COMPACTED SAND OR FINE GRANULAR MATERIAL. ALL COMPACTION SHALL
BE PERFORMED PER THE REQUIREMENTS OF THE CEAM SPECIFICATION AND THE GEOTECHNICAL REPORT.
3. ALL CONNECTIONS TO EXISTING UTILITIES SHALL BE PERFORMED PER THE REQUIREMENTS OF THE STATE AND
LOCAL JURISDICTIONS. THE CITY DEPARTMENT OF ENGINEERING AND BUILDING INSPECTIONS DEPARTMENT
AND THE CONSTRUCTION ENGINEER MUST BE NOTIFIED AT LEAST 48 HOURS PRIOR TO ANY WORK WITHIN THE
PUBLIC RIGHT OF WAY, OR WORK IMPACTING PUBLIC UTILITIES.
4. ALL STORM SEWER , SANITARY SEWER AND WATER SERVICES SHALL TERMINATE 5' FROM THE BUILDING FACE
UNLESS OTHERWISE NOTED.
5. A MINIMUM OF 18 INCHES OF VERTICAL SEPARATION AND 10 FEET OF HORIZONTAL SEPARATION IS REQUIRED
FOR ALL UTILITES UNLESS OTHERWISE NOTED.
6.ALL NEW WATERMAIN AND SERVICES MUST HAVE A MINIMUM OF 7.5 FEET OF COVER. EXTRA DEPTH MAY BE
REQUIRED TO MAINTAIN A MINIMUM 18" VERTICAL SEPARATION TO SANITARY OR STORM SEWER LINES. THE
CONTRACTOR SHALL FIELD ADJUST WATERMAIN TO AVOID CONFLICTS WITH SANITARY SEWER, STORM SEWER,
AND SERVICES AS REQUIRED. INSULATION OF WATER AND SANITARY SEWER LINES SHALL BE PROVIDED WHERE 7.5
FEET MINIMUM DEPTH CAN NOT BE ATTAINED.
7. ALL FIRE HYDRANTS SHALL BE LOCATED 5 FEET BEHIND BACK OF CURB OR EDGE OF PAVEMENT UNLESS
OTHERWISE NOTED.
8. PROPOSED PIPE MATERIALS:
WATERMAIN CL 52 PVC C-900 6" TO 8" DIAMETER
SANITARY SEWER PVC SDR 35 & SCH 40 6" TO 8" DIAMETER
9. CONTRACTOR AND MANHOLE FABRICATOR SHALL SUMP (LOWER) ALL STORM SEWER CATCH BASIN CASTINGS
WITHIN PAVED AREAS 0.16 FEET OR 2-INCHES BELOW THE RIM ELEVATION DEPICTED ON THE UTILITY PLAN.
10.ALL STREET REPAIRS AND PATCHING SHALL BE PERFORMED PER THE REQUIREMENTS OF THE CITY. ALL TRAFFIC
CONTROL SHALL BE PROVIDED BY THE CONTRACTOR AND SHALL BE ESTABLISHED PER THE REQUIREMENTS OF
THE MINNESOTA MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES (MMUTCD) AND THE CITY. THIS SHALL
INCLUDE ALL SIGNAGE, BARRICADES, FLASHERS AND FLAGGERS AS NEEDED. ALL PUBLIC STREETS SHALL BE OPEN
TO TRAFFIC AT ALL TIMES. NO ROAD CLOSURES SHALL BE PERMITTED WITHOUT THE EXPRESSED AUTHORITY OF
OF THE CITY.
11.CONNECTIONS TO EXISTING MANHOLES SHALL BE MADE BY CORE DRILLING THE MANHOLE AT THE PROPOSED
INVERT ELEVATIONS AND INSTALLING A RUBBER BOOT. GROUT IN THE BOOT AND AN INVERT FOR THE NEW
SEWER LINE.
12.WATERMAIN PIPE SHALL BE DIP CLASS 52, INSTALLED WITH 7.5 FEET OF COVER TO TOP PIPE. FITTINGS SHALL BE
COMPACT TYPE. PIPE AND FITTINGS SHALL HAVE A CEMENT MORTAR LINING. CONDUCTIVITY SHALL BE
PROVIDED BY WELDED STRAPS ACROSS EACH JOINT. SEE EAGAN DETAIL PLATE 110.
13.TRENCH COMPACTION SHALL BE 95% STANDARD PROCTOR DENSITY IN THE AREA FROM THE PIPE ZONE TO
WITHIN 3 FEET OF FINISHED GRADE AND 100% IN FINAL 3 FEET OF THE BACKFILL TO FINISH GRADE.
UTILITY NOTES
N
SCALE IN FEET
0 20 40
TOLL FREE: 1-800-252-1166
TWIN CITY AREA: 651-454-0002
Gopher State One Call
CALL BEFORE YOU DIG!
WARNING:
THE CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING FOR LOCATIONS OF ALL
EXISTING UTILITIES. THEY SHALL COOPERATE WITH ALL UTILITY COMPANIES IN
MAINTAINING THEIR SERVICE AND / OR RELOCATION OF LINES.
THE CONTRACTOR SHALL CONTACT GOPHER STATE ONE CALL AT 651-454-0002 AT
LEAST 48 HOURS IN ADVANCE FOR THE LOCATIONS OF ALL UNDERGROUND WIRES,
CABLES, CONDUITS, PIPES, MANHOLES, VALVES OR OTHER BURIED STRUCTURES BEFORE
DIGGING. THE CONTRACTOR SHALL REPAIR OR REPLACE THE ABOVE WHEN DAMAGED
DURING CONSTRUCTION AT NO COST TO THE OWNER.
PARKING STALL COUNT
ACCESSIBLE PARKING STALL
2
LEGEND
CATCH BASIN
STORM SEWER
SANITARY SEWER
WATERMAINSTORM MANHOLE
SANITARY MANHOLE
HYDRANT
GATE VALVE
SPOT ELEVATION
SIGN
LIGHT POLE
POWER POLE
WATER MANHOLE / WELL
CONTOUR
CONCRETE CURB
UNDERGROUND ELECTRIC
CONCRETE
TELEPHONE PEDESTAL
UNDERGROUND TELEPHONE
UNDERGROUND GAS
OVERHEAD UTILITY
CHAIN LINK FENCE
BUILDING
RETAINING WALL
NO PARKING
UNDERGROUND FIBER OPTIC
SANITARY SEWER SERVICE
WATER SERVICE
ELECTRIC METER
GAS METER
TREE LINE
EXISTING PROPOSED
972
DRAINTILE
FORCEMAIN
PARKING SETBACK LINE
BUILDING SETBACK LINE
2
FENCE
FLARED END SECTION
POST INDICATOR VALVE
BENCHMARK
SOIL BORING DIRECTION OF FLOW 1.0%
972.5
EXHIBIT G
Page 147 of 180
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
Joe Masiarchin, Parks and Recreation Director
Copy: Zach Johnson, City Engineer
Julie Stahl, Finance Director
Dave Mathews, Building Official
Tina Goodroad, Community Development Director
Date: July 11, 2024
Subject: Sundance Lakeville
• Final Plat
• Final Grading and Erosion Control Plan
• Final Tree Preservation
• Final Utility Plan
BBAACCKKGGRROOUUNNDD
Mark A. Davis, Davis HRE representatives have submitted a final plat named Sundance
Lakeville. The Sundance Lakeville preliminary plat was approved by City Council on July 1,
2024. The proposed final plat is located north of and adjacent to 162nd Street West (CSAH 46),
west of and adjacent to Buck Hill Road, and east of and adjacent to Kendale Drive. The parent
parcels consist of one metes and bounds parcel (PID No. 220011037020) zoned M-1, Mixed
Use I-35 Corridor and C-3, General Commercial District.
The final plat consists of two (2) medical building lots within one (1) block, and two (2) outlots
on 18.75 acres. The Developer is dedicating 0.79 acres as Kendale Drive right-of-way.
The outlots created with the final plat shall have the following use:
Outlot A: Future right-of-way; to be deeded to City (0.22 acres)
Outlot B: Future development; retained by Developer (14.74 acres)
The proposed development will be completed by:
Developer: Mark A. Davis of Davis HRE
Engineer/Surveyor: Loucks
Page 148 of 180
SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE FFIINNAALL PPLLAATT
JJUULLYY 1111,, 22002244
PPAAGGEE 22 OOFF 88
SSIITTEE CCOONNDDIITTIIOONNSS
The Sundance Lakeville site consists of undeveloped agricultural land and wooded areas
generally draining north to south. There are two barns and a property access on the south
end of the site. A security shall be held for the demolition of the existing structures on the site.
A demolition permit shall be obtained from the city. There are overhead electric transmission
utility lines on the north end of the site.
EEAASSEEMMEENNTTSS
There are no existing easements on the parent parcel that will be vacated.
Prior to recording of the final plat:
• A cross access easement for the private road over Lots 1 and 2, Block 1 and Outlot B
shall be shown on the final plat.
• A 10-foot-wide temporary drainage and utility easement along the west and south
property line of Outlot B shall be shown on the final plat.
• A 10-foot-wide temporary drainage and utility easement along the west side of
Kendale Drive shall be shown on the final plat.
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
162nd Street West (CSAH 46)
Sundance Lakeville is located north of and adjacent to 162nd Street West, a minor arterial
roadway, as identified in the City’s Transportation Plan. 162nd Street West is constructed as a
four-lane divided urban roadway adjacent to the preliminary plat. The existing right-of-way is
a total of 150-ft as shown on the preliminary plat. No additional right-of-way is required, and
no construction improvements are proposed with Sundance Lakeville.
Buck Hill Road
Sundance Lakeville is located west of and adjacent to Buck Hill Road, a local roadway. Access
for the development is proposed at Buck Hill Road. Buck Hill Road is designated as a 60-foot-
wide urban road with a sidewalk along one side, within a varying width right-of-way. The
Developer shall construct improvements along Buck Hill Road as determined with the first
phase final plat.
Kendale Drive
Sundance Lakeville is located east of and adjacent to Kendale Drive, a local roadway. Kendale
Drive is designated as a 32-foot-wide rural roadway. The Developers are dedicating right-of-
way, as shown on the final plat, to satisfy the right-of-way requirement of 60-feet. There will
be no improvements to Kendale Drive with this final plat.
Private Road
Sundance Lakeville includes construction of a private road. The private road will provide
access to the site from Buck Hill Road. The private road shall be owned and maintained by the
developer. The Developer shall sign a private maintenance agreement for the private
Page 149 of 180
SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE FFIINNAALL PPLLAATT
JJUULLYY 1111,, 22002244
PPAAGGEE 33 OOFF 88
roadway. No parking signage shall be installed by the Developer along both sides of the
private drive.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility and street construction will be
determined with the final construction plans.
PPAARRKKSS,, TTRRAAIILLSS,, AANNDD SSII DDEEWWAALLKKSS
Development of Sundance Lakeville does not include the construction of public trails and
sidewalks. Five foot wide privately owned and maintained concrete sidewalks, with
pedestrian curb ramps, will be installed along one side of the proposed private road.
The Park Dedication requirement has not been collected on the parent parcels and will be
satisfied through a cash contribution. The Park Dedication requirement will be collected with
the final plat, calculated as follows:
Dedication Requirement Summary
Gross Area of Sundance Medical 18.75 acres
Less Area of Outlot B (Future Development) (-) 14.74 acres
Total Buildable Area 4.01 acres
4.01 acres x $9,383 = $37,625.83
Buildable Area
Sundance Lakeville 2024 Unit Rate Dedication Requirement
Sundance Lakeville
UUTTIILLIITTIIEESS
SSAANN IITTAARRYY SSEE WWEERR
Sundance Lakeville is located within subdistricts CL-41200 of the Crystal Lake sanitary sewer
district, as identified in the City’s Comprehensive Sewer Plan. Wastewater will be conveyed
through sanitary sewer to the northern trunk monitored by meter M630 and continue to the
Seneca Wastewater Treatment Facility.
Development of Sundance Lakeville includes the construction of privately owned and
maintained sanitary sewer. 8-inch sanitary sewer will be extended from Buck Hill Road to the
west plat boundary providing service to the adjacent properties. City sanitary sewer lift
station No. 26 is under construction in conjunction with Sundance Lakeville.
The Sanitary Sewer Availability Charge has not been collected on the parent parcels and must
be paid with the building permit application.
Page 150 of 180
SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE FFIINNAALL PPLLAATT
JJUULLYY 1111,, 22002244
PPAAGGEE 44 OOFF 88
WWAATTEERRMMAAIINN
Development of Sundance Lakeville includes the construction of privately owned and
maintained watermain. 8-inch watermain will be extended from Buck Hill Road to the west
plat boundary providing service to the adjacent properties.
OOVVEERRHHEEAADD LLIINN EESS
An overhead electric transmission line and poles are located along the north side of the
parent parcel. The transmission line is a high voltage line and is therefore not required to be
buried, consistent with the City’s Public Ways and Property Ordinance.
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
Sundance Medical is located within subdistricts CL-007, CL-009, and CL-010 of the Crystal
Lake stormwater district, as identified in the City’s Water Resources Management Plan.
Development of Sundance Medical includes the construction of one privately-owned and
maintained stormwater management basin to collect and treat the stormwater runoff
generated from the site. The basin shall be a temporary construction until the lot to the north
of the Sundance Medical subdivision is final platted, at which point the basin shall be
reconstructed. The basin will outlet to the south into the existing storm sewer along 162nd
Street West (CSAH 46). The Developer shall enter into a maintenance agreement and grant an
easement to the City over the private stormwater improvements. The stormwater
management design is consistent with the City’s stormwater management ordinance.
Additional stormwater management improvements will be required for the development of
Outlot B at the time it is preliminary platted.
Development of Sundance Lakeville falls within the Crystal Lake Watershed Drainage Area.
The Crystal Lake Surcharge has not been collected and will be collected with the final plat,
calculated as follows:
Crystal Lake Surcharge Summary
Gross Area of Sundance Lakeville 816,750 s.f.
Less Area of Outlot B (Future Development) (-) 642,314 s.f.
Total Crystal Lake Surcharge Area 174,436 s.f.
174,436 s.f. x $0.0195/s.f. = $3,401.50
Net Area
Sundance Lakeville
2024 Unit Rate Crystal Lake Surcharge
Sundance Lakeville
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
Page 151 of 180
SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE FFIINNAALL PPLLAATT
JJUULLYY 1111,, 22002244
PPAAGGEE 55 OOFF 88
a soils report and an as-built certified grading plan have been submitted and approved by
City staff.
Sundance Lakeville contains more than one acre of site disturbance. A National Pollution
Discharge Elimination System General Stormwater Permit for construction activity is required
from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed
by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the
City upon receipt from the MPCA.
SSTTOORRMM SSEEWWEERR
Development of Sundance Lakeville includes the construction of a private storm sewer
system. The privately owned and maintained storm sewer will be located within the private
road and stormwater basin with Outlot B, Sundance Lakeville.
Draintile construction is required in areas of non-granular soils within Sundance Lakeville 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 will be collected
with the final plat, calculated as follows:
Storm Sewer Charge Summary
Gross Area of Sundance Lakeville 816,750 s.f.
Less Area of Outlot B (Future Development) (-) 642,314 s.f.
Total Storm Sewer Charge Area 174,436 s.f.
174,436 s.f. x $0.250/s.f. = $43,609.00
Net Area
Sundance Lakeville
2024 Unit Rate Storm Sewer Charge
Sundance Lakeville
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
FEMA FLOODPLAIN ANALYSIS
Sundance Medical is shown on the Flood Insurance Rate Map (Map No. 27037C0183E; 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.
WWEETTLLAANNDDSS
A wetland delineation was completed by the developer and reviewed by City Staff. No
wetlands were identified on the site.
Page 152 of 180
SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE FFIINNAALL PPLLAATT
JJUULLYY 1111,, 22002244
PPAAGGEE 66 OOFF 88
TTRREEEE PPRREESSEERRVVAATTIIOONN
A tree preservation plan was submitted by the developer for the entirety of the Sundance
Lakeville preliminary plat. There are 783 significant trees located within the preliminary plat
boundaries. The tree preservation plan proposes to save 643 of the significant trees on site. A
tree preservation plan for Sundance Lakeville shall be submitted prior to issuance of a city
grading permit. All “save” trees that are damaged or removed will require replacement at a
ratio of 2:1. Significant trees, as identified in the Lakeville Subdivision Ordinance, shall be
protected and preserved through termination of all grading and construction activities.
EERROOSSIIOONN CCOONNTTRROOLL
The Developer (Mark A. Davis of Davis HRE) is responsible for obtaining a MPCA Construction
Permit for the site as well as developing a SWPPP for the site prior to construction. The permit
requires that all erosion and sediment BMPS be clearly outlined in a site’s SWPPP. Changes
made throughout construction must be documented in the SWPPP.
The Developer (Mark A. Davis of Davis HRE) is responsible for the establishment of native
vegetation around all stormwater management basins within the buffer areas. Redundant silt
fence is required along all 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 required 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:
$304,579.00 x 2% = $6,091.58
Grading Cost
Sundance Lakeville
2024 Rate MS4 Administration Fee
Sundance Lakeville
SECURITIES
The Developers shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Sundance Lakeville. Construction costs are based upon estimates
submitted by the Developer’s engineer on June 28, 2024 (revised July 8, 2024).
CONSTRUCTION COSTS
Sanitary Sewer $ 7,250.00
Watermain 7,250.00
Storm Sewer 36,333.00
Street Construction 158,886.00
Grading, Erosion Control and Vegetation Establishment 86,995.00
SUBTOTAL - CONSTRUCTION COSTS $ 296,714.00
Page 153 of 180
SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE FFIINNAALL PPLLAATT
JJUULLYY 1111,, 22002244
PPAAGGEE 77 OOFF 88
OTHER COSTS
Developer’s Design (3.0%) $ 8,901.42
Developer’s Construction Survey (2.5%) 7,417.85
City’s Legal Expense (0.5%) 1,483.57
City Construction Observation (5.0%) 14,835.70
Developer’s Record Drawing (0.5%)
Building Demolition
1,483.57
50,000.00
Landscaping 22,141.00
Lot Corners/Iron Monuments 400.00
SUBTOTAL - OTHER COSTS $ 106,663.11
TOTAL PROJECT SECURITY $ 403,377.11
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
$400.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all
irons have been placed following site grading, street, and utility construction.
CASH FEES
A cash fee of $950.00 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:
800.62 front feet x $1.13/front
foot
= $904.70
Total Front Foot
Sundance Lakeville 2024 Rate Streetlight Operating Fee
Sundance Lakeville
A cash fee for one-year of environmental resources management expenses shall be paid with
the final plat and is calculated as follows:
2 units x $59.16/unit x 4.20 = $496.94
Total Units
Sundance
Lakeville
2024 Rate Utility Factor Environmental Resources Fee
Sundance Lakeville
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:
4 lots x $90.00/unit = $360.00
Lots/Outlots
Sundance Lakeville 2024 Rate Property Data & Asset/Infrastructure Mgmt. Fee
Sundance Lakeville
Page 154 of 180
SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE FFIINNAALL PPLLAATT
JJUULLYY 1111,, 22002244
PPAAGGEE 88 OOFF 88
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 $8,901.42.
The Developer shall pay a cash fee for construction of sanitary sewer lift station No. 26 of
$14,270.14. The fee is calculated based on the development impact to the overall sanitary
flow to the lift station. The development has a 0.74% impact to the sanitary flow to the
existing lift station, or 2,107 gallons per day of 284,279 gallons per day. The estimated
construction cost of construction of sanitary sewer lift station No. 26 is $1,925,345.00.
CASH REQUIREMENTS
Park Dedication $ 37,625.83
Crystal Lake Surcharge 3,401.50
Storm Sewer Charge 43,609.00
MS4 Administration Fee 6,091.58
Traffic Control Signs 950.00
Streetlight Operating Fee 904.70
Environmental Resources Management Fee 496.94
Property Data and Asset/Infrastructure Management Fee 360.00
City Engineering Administration (3.00%)
Lift Station Construction
8,901.42
$14,270.14
TOTAL CASH REQUIREMENTS $ 116,611.11
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the final plat, grading and erosion control plan, tree
preservation, and utility plan for Sundance Lakeville, subject to the requirements and
stipulations within this report.
Page 155 of 180
Date: 7/15/2024
Antlers Ridge Final Plat
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving
the Antlers Ridge final plat.
Overview
Tamarack Land Lake Marion Commons LLC (Tamarack Land) representatives have submitted
applications and plans for Antlers Ridge, which proposes the development of 34 twinhome lots.
This is the first phase of the Antlers Ridge preliminary plat of 54 twinhome units that was
approved by the City Council on July 17, 2023. Since that time, the street layout has been
modified slightly by the removal of a short cul de sac on the northeast corner of the site.
Community Development Department staff determined that the change did not intensify the site
development and therefore did not require a revision to the preliminary plat. The property is
located east of Kenrick Avenue and north of 205th Street.
Staff is working with the City Attorney’s office on the development contract details and will
bring that forward to the City Council for approval at their next meeting. The final plat
resolution requires City Council approval and execution of the development contract prior to
recording the final plat.
Supporting Information
1. Final Plat resolution
2. July 10, 2024 Planning and Engineering reports
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Kris Jenson, Planning Manager
Page 156 of 180
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 24-______
RESOLUTION APPROVING THE FINAL PLAT OF ANTLERS RIDGE
WHEREAS, the owner of the property described as ANTLERS RIDGE 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 ANTLERS RIDGE final plat is approved subject to the developer entering
into a development contract and submittal of security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the final plat mylars,
development contract, and all documents pursuant to the approved 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 15th day of July 2024.
CITY OF LAKEVILLE
Page 157 of 180
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 15th day of July 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 158 of 180
City of Lakeville
Community Development Department
Memorandum
To: Tina Goodroad, Community Development Director
From: Kris Jenson, Planning Manager
Frank Dempsey, AICP, Associate Planner
Date: July 10, 2024
Subject: Antlers Ridge Final Plat
BACKGROUND
Tamarack Land Lake Marion Commons LLC (Tamarack Land) representatives have submitted
final plat application and plans for Antlers Ridge, which proposes the development of 34 twinhome
lots on property located east of Kenrick Avenue and north of 205th Street. This is the first phase of
the preliminary plat of 54 twinhome lots, which was approved by the City Council on July 17, 2023.
The final plat includes a revision to the preliminary plat plan that includes the removal of the cul-
de-sac on the east side of the project adjacent to the Marion Village neighborhood and the slight
realignment of 203rd Street to the north resulting in increased building setbacks to the south
property line adjacent to the Springbrook townhome units to the south. The proposed 54
twinhome lots remain with the proposed plan revision and is considered consistent with the
preliminary plat as a reduced intensity layout. The final plat plans have been reviewed by the
Engineering Division and Park and Recreation Department staff.
EXHIBITS
A. Aerial Photo Map
B. Approved Preliminary Plat
C. Final Plat
D. Revised Overall Landscape Plan
Page 159 of 180
PLANNING A NALYSIS
Existing Conditions. Following approval of the preliminary plat, a grading permit was issued for
the site to allow the Developer to import fill to the site to finalize the grading plan and allow
development of the site.
Zoning. The parcel is zoned RST-2, Single-and Two-Family Residential District and twinhomes
are a permitted use within the district.
TOWNHOME DEVELOPMENT STANDARDS
Lot Requirements. The following minimum requirements for twinhome building setbacks in the
RST-2 District pertain to the Antlers Ridge final plat:
Base Lot Between Buildings Front Yard (to ROW)
RST-2 30 feet 14 feet 20 feet (front), 25 feet (garage)
The unit lots shown on the Antlers Ridge final plat have sufficient area to accommodate the
twinhome units.
Homeowners Association. Section 11-57-17.B of the Zoning Ordinance requires that a
homeowner’s association (HOA) be established to ensure that ownership and maintenance of
private open spaces as well as exterior maintenance of the twinhome units is addressed. The HOA
documents must be reviewed and approved by the City Attorney and proof of the recording of the
HOA documents must be provided prior to building permits being issued for the site. The
common area lots are as follows:
• Lot 17, Block 1
• Lot 11, Block 2
• Lot 9, Block 3
Density. Section 11-57-13.B.2 of the Zoning Ordinance requires a minimum of 5,000 square feet
of lot area per twinhome dwelling. The Antlers Ridge final plat consists of 34 twin home lots on
17.63 acres. This results in a gross density of 1.93 units per acre. Removing the outlots and Kenrick
Avenue right of way leaves 6.73 acres, which is a net density of 5.05 units per acre with 8,622 square
feet per unit.
Phasing. This is the first of two planned phases of the Antlers Ridge development. The Developer
will be submitting revised preliminary plat plans for the west portion (phase 2) of the site to include
an adjacent parcel for future development.
Outlots. The final plat includes two outlots.
Page 160 of 180
Outlot A is 6.13 acres and will be deeded to the City for wetland, buffer, and stormwater
management purposes.
Outlot B is 4.47 acres and will be retained by the Developer for future development.
Access. Construction access for the site will be determined by the Engineering Division with the
final construction plans.
Streets & Right-of- Way. Antlers Ridge is adjacent to and will include the construction of the
following streets. See the May 30 engineering report for more information.
Kenrick Avenue is located west of the plat boundary and is classified as a minor arterial roadway
in the City’s Transportation Plan. The final plat is dedicating 0.31 acres of right of way for Kenrick
Avenue.
203rd Street is a local residential street that will be extended from the east property line. It will be a
32-foot-wide street within a 60-foot wide right of way with a sidewalk on one side of the street. A
temporary cul de sac will be required at the west terminus until the street is extended with the next
phase of the plat. Barricades and a “Future Street Extension” sign must also be installed at the end
of the street.
Kensfield Trail is a local residential street that will be extended from the south property line and
intersect with 203rd Street. It will be a 32-foot-wide street within a 66 foot wide right of way and
will include sidewalks on both sides of the street.
Sidewalks/Trails. Five-foot-wide concrete sidewalks will be constructed on one side of 203rd Street
and both sides of Kensfield Trail. There are no pedestrian trails to be constructed in conjunction
with the Antlers Ridge plat.
Landscaping. A revised landscape plan has been submitted to reflect the change in the street layout
on the portion of the site to be platted with this first phase. Landscape screening includes trees
along the east property line, between the pond access trail and the single family homes east of the
plat. The plan also includes several trees just south of the property line behind Lots 1 and 2, Block
3, which were requested by the Springbrook HOA to fill in a gap in the screening trees along the
shared property line. Trees will also be added within the common area lot for Block 2 and in the
front yards of the units, and the units will have foundation plantings. The Developer must submit
a security of $36,400 for landscaping of the final plat area.
Park Dedication. The Parks, Trails, and Open Space Plan does not identify the need for park land
within the Antlers Ridge final plat area so the park dedication requirement will be satisfied via a
cash contribution of $133,586. See the July 10 Engineering report for more information.
Tree Preservation Plan. A tree preservation plan was submitted with the preliminary plat plans.
The tree inventory identifies 888 significant trees with 322 save trees, or 36% of the total. 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 161 of 180
Wetlands. A wetland delineation was completed and submitted with the Antlers Ridge
preliminary plat. No wetland impacts are proposed and the preserved wetland will be located in
Outlot A, which will be deeded to the City with the final plat.
Grading and Erosion Control. The final plat includes grading, drainage and erosion control plans,
which are discussed in more detail in the July 10, 2024 engineering report.
Overhead Utility Lines. At the time the west half of Antlers Ridge preliminary plat develops, the
developer shall be required to place the overhead utility lines adjacent to Kenrick Avenue
underground as required by Chapter 7-6 of the City Code.
Signs. No subdivision identification monument signs are proposed. Any future proposed
monument sign will require issuance of a sign permit in compliance with Zoning Ordinance
requirements.
RECOMMENDATION
The Antlers Ridge final plat is consistent with the preliminary plat as a reduction of development
intensity and consistent number of twinhome lots proposed. Community Development staff
recommend approval of the final plat subject to the following stipulations:
1. The site shall be developed in accordance with the final plat plans approved by the City
Council.
2. The recommendations listed in the July 10, 2024 engineering report.
3. Outlot A shall be deeded to the City with the final plat.
4. The Developer shall pay $133,586 in park dedication fees with the final plat.
5. An HOA must be established to ensure that ownership and maintenance of private open
spaces as well as exterior maintenance of the twinhome is addressed. Prior to the issuance
of building permits for the site, HOA documents must be submitted for review and
approval by the City Attorney as well as proof that the HOA documents have been
recorded. The common area lots are as follows:
• Lot 17, Block 1
• Lot 11, Block 2
• Lot 9, Block 3
6. The twinhome dwellings proposed for construction shall be reviewed for compliance with
Zoning Ordinance requirements prior to issuance of building permits.
7. A temporary cul de sac is required at the west terminus of 203rd Street. The Developer must
grant the City a temporary turnaround easement over the temporary cul de sac location as
Page 162 of 180
well as provide a $3,000 cash escrow for the future removal of the cul de sac and restoration
of the street.
8. A “Future Street Extension” sign and barricades must be placed at the west terminus of
203rd Street.
9. Five-foot-wide concrete sidewalks shall be constructed on both sides of Kensfield Trail and
on one side of 203rd Street.
10. All common areas and boulevards must be irrigated.
11. Landscaping shall be installed consistent with the approved landscape plan. A security of
$36,400 is required to be submitted with the final plat to guarantee installation of the
landscaping.
12. Prior to recording the final plat, the revised landscape plan must be updated to show
minimum planting size for the foundation plants, not pot size. The Developer must also
confirm that the minimum landscape value as required in Section 11-57-19.G of the Zoning
Ordinance, based on the project value.
Page 163 of 180
Source: Esri, Maxar, Earthstar Geographics, and the GIS User CommunityI-35KENSINGTON WAYKENSFIELD TRLKENRICK AVE204TH ST
City of Lakeville
Antlers Ridge
Final Plat
Location Map
EXHIBIT A
Final Plat
Area
Page 164 of 180
I hereby certify that this plan was prepared byme or under my direct supervision and that Iam a duly Licensed Professional Surveyorunder the laws of the State of MinnesotacANTLERS RIDGELAKEVILLE, MINNESOTATAMARACK DEVELOPMENT, LLC1536 BEACHCOMBER BLVDPRELIMINARY PLAT3-14-23NHKSONameReg. No.DateRevisions1.DateDesignedDrawn2023 Pioneer Engineering, P.A.Mendota Heights, MN 551202422 Enterprise Drive(651) 681-1914Fax: 681-9488www.pioneereng.comLANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS3-16-2023WACONIA, MN 5538700-SURV-123011-BASE.DWGC2.0105/12/2023 Revisions per City CommentsEXHIBIT BPage 165 of 180
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
EXHIBIT C
Page 166 of 180
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
Page 167 of 180
CIVIL ENGINEERS LAND PLANNERS LAND SURVEYORS LANDSCAPE ARCHITECTS
Page 168 of 180
STOOP
P
A
T
IO
STOOP
P
A
T
I
OSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOP
PA
T
I
O
STOOP
PA
T
I
O
STOOP
P
A
T
I
O
STOOP
P
A
T
I
O
STOOPPATIO
STOOPPATIO
STOOPPATIO
STOOPPATIO
STOOPPATIO
STOOPPATIO
STOOP
PA
T
I
O
STOOP
PA
T
I
OSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIO
STOOP
PATIO
STOOP
PATIO
STOOPPATIO
STOOPPATIO
STOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIO
STOOPPATIO
STO
O
P
PATIO
STO
O
P PATIO
2
0
3
R
D
ST W
203RD ST. W
KENSFIELD TRL203RD ST
WSTOOPPATIO
STOOPPATIO
STOOP
PATIO
STOOP
PATIO
STOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTOOPPATIOSTO
O
P
PATIO
STO
O
P PATIO
7
9
5
4
1
3
2
8
6
EXOCS
EXSTMH
EX
29
26
23
15 12
10
COMMON LOT 33
1
6
10
13 2 4 8
30
25
21
18
14
7
5
3
8
6
32
28 27
24
22
20
19
17
16 13 11
9 8
6
2 4
5
7
9
14 1 3 5 7
2
11
4
1
3
12
31
c
OFANTLERS RIDGE
LAKEVILLE, MINNESOTA
TAMARACK DEVELOPMENT, LLC
1536 BEACHCOMBER BLVD
4-18-24Name
Reg. No.Date
Revisions Date
Designed
Drawn
2023 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
WACONIA, MINNESOTA 55387
01-PLAN-123013-SHEET-LAND.DWG
L1.01LANDSCAPE PLANJLT
c
2Name
Reg. No.Date
1. XX-XX-2023 - City Comments
Date
Designed
Drawn
2023 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Landscape Architect
under the laws of the State of Minnesota 44763
Jennifer L. Thompson
JLT
LANDSCAPE NOTES:
1. FENCE SHOWN ON WEST SIDE WILL BE 6' PRIVACY; MATERIAL CHOSEN BY DEVELOPER
2. FENCE TOP OF RETAINING WALLS TALLER THAN 4' (AS SHOWN ON PLAN) TO BE 48" BLACK VINYL CHAINLINK, OR APPROVED EQUAL
3. DISTURBED AREAS TO BE SODDED EXCEPT SLOPE ON NORTH END FROM 1020 CONTOUR (RET. WALLS) TO THE NORTHERN MOST
GRADING LIMIT WILL BE SEEDED; SEE GRADING PLAN FOR SEEDING
4. SODDED AREAS TO BE IRRIGATED
5. IRRIGATION DESIGNED BY OTHERS
6. SEE SHEET L1.02 FOR FOUNDATION LANDSCAPE PLANS
7. FOUNDATION LANDSCAPING MAY BE ADJUSTED FOR ANY ARCHITECTURE REVISIONS
4-18-24
EXHIBIT D
Page 169 of 180
STOOPSTOOPPATIOPATIO
AJ-4
MNS-8
AH-3
NFS-3
AJ-4
MNS-8
AH-3
NFS-3
24' 2"24' 2"STOOPPATIO
24' 2"STOOP24' 2"AH-3
PORCH PORCH
STOOPSTOOP33'33'TY-4
JWS-3
HJ-3
SD-12
MCS-7
AH-1
TY-4
JWS-3
HJ-3
SD-12
MCS-7
AH-1
PORCH
STOOP33'
PORCH
STOOP33'
c
OFANTLERS RIDGE
LAKEVILLE, MINNESOTA
TAMARACK DEVELOPMENT, LLC
1536 BEACHCOMBER BLVD
4-18-2024Name
Reg. No.Date
Revisions Date
Designed
Drawn
2023 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
WACONIA, MINNESOTA 55387
01-PLAN-123013-SHEET-LAND.DWG
L1.02LANDSCAPE PLANJLT
c
2Name
Reg. No.Date
1. XX-XX-2023 - City Comments Date
Designed
Drawn
2023 Pioneer Engineering, P.A.
Mendota Heights, MN 55120
2422 Enterprise Drive (651) 681-1914
Fax: 681-9488www.pioneereng.com
LANDSCAPE ARCHITECTSLAND SURVEYORSLAND PLANNERSCIVIL ENGINEERS
4-18-2024
I hereby certify that this plan was prepared by
me or under my direct supervision and that I
am a duly Licensed Landscape Architect
under the laws of the State of Minnesota 44763
Jennifer L. Thompson
JLT
33' TWIN UNITS
LANDSCAPE NOTES:
1. QUANTITIES SHOWN ON PLANT SCHEDULE ARE PER TWO UNIT BUILDING.
2. PLANTING AREAS TO BE MULCHED WITH ROCK MULCH TO A DEPTH OF 3"; BUILDER TO CHOOSE
ROCK MULCH TYPE
3. 6MM BLACK POLY SHEETING USED BENEATH ROCK MULCH
4. NO WEED BARRIER IN PERENNIAL AREAS
5. EDGING USED BETWEEN PLANTING BEDS AND SOD
6. LANDSCAPE GRADE BLACK VINYL EDGER TO BE USED BETWEEN PLANTING BEDS AND SOD.
7. PERENNIAL AREAS TO HAVE COMPOST/PLANTING SOIL AMENDMENT TO A DEPTH OF 6"
FOUNDATION LANDSCAPING MAY BE ADJUSTED FOR ANY ARCHITECTURE REVISIONS
24' 2" TWIN UNITS
Page 170 of 180
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Kris Jenson, Planning Manager
From: Alanna Sobottka, Civil Engineer
McKenzie L. Cafferty, Environmental Resources Manager
Copy: Tina Goodroad, Community Development Director
Julie Stahl, Finance Director
Zach Johnson, City Engineer
David Mathews, Building Official
Date: July 10, 2024
Subject: Antlers Ridge
• Final Plat
• Final Grading and Erosion Control Plan
• Final Tree Preservation and Landscape Plan
• Final Utility Plan
BBAACCKKGGRROOUUNNDD
Tamarack Land - Lake Marion Commons, LLC submitted a final plat named Antlers Ridge. This
is the first phase of the Antlers Ridge preliminary plat approved by the City Council on July 17,
2023. The parent parcel (PID No. 22-02500-25-011) is a metes and bounds parcel and is zoned
RST-2, Single and Two Family Residential District. The proposed development is located east
of and adjacent to Kenrick Avenue, north of 205th Street, west of 203rd Street and southwest of
Lake Marion.
The final plat consists of 34 twinhome lots and three common area lots within three blocks,
with two outlots on 17.63 acres. The Developer is dedicating 0.31 acres for Kenrick Avenue
right-of-way.
The outlots created with the final plat shall have the following use:
Outlot A: Wetland, buffer, and stormwater management basin; deeded to City (6.13 acres)
Outlot B: Future development; retained by Developer (4.47 acres)
Page 171 of 180
AANNTTLLEERRSS RRIIDDGGEE –– FFIINNAALL PPLLAATT
JJUULLYY 1100,, 22002244
PPAAGGEE 22 OOFF 99
The proposed development will be completed by:
Developer: Tamarack Land - Lake Marion Commons, LLC
Engineer: Aterra Land Services
SSIITTEE CCOONNDDIITTIIOONNSS
The site consists of undeveloped land. A large wetland complex with woodlands that appear
to have been naturally preserved, is located along the north property line. Two existing
commercial businesses are located west of and adjacent to the site.
The Developer is actively mass grading the site, following preliminary plat approval and the
issuance of a grading permit.
EEAASSEEMMEENNTTSS
The following public easement will remain with the final plat:
• Drainage and Utility Easement in favor of City of Lakeville per Document No. 1267072
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
Kenrick Avenue
Antlers Ridge is located east of and adjacent to Kenrick Avenue, a City roadway classified as a
minor arterial. The Developer is dedicating right-of-way, as shown on the final plat, to satisfy
the right-of-way requirement of 100 feet.
Kenrick Avenue is constructed as a two-lane undivided rural roadway, with an eight-foot-wide
bituminous trail along the east side. The Developer shall construct a dedicated northbound
right turn lane and dedicated southbound left turn bypass lane for turning movements onto
203rd Street from Kenrick Avenue. The Developer must obtain a permit from MnDOT for any
work required to take place within MnDOT right-of-way. The final design will be reviewed
with the construction plans.
Kensfield Trail
Development of Antlers Ridge includes the extension of Kensfield Trail, a City roadway
classified as a local road. Kensfield Trail is designed as a 32-foot-wide urban local roadway
with a concrete sidewalk along one side, within a 66-foot wide right-of-way. The Developer is
eligible for credit for constructing sidewalk improvements outside the plat. A $4,351.60 credit
will be applied to the Antlers Ridge cash requirements.
203rd Street
Development of Antlers Ridge includes the extension of 203rd Street, a City roadway classified
as a local road. 203rd Street is designed as a 32-foot-wide urban local roadway with a concrete
Page 172 of 180
AANNTTLLEERRSS RRIIDDGGEE –– FFIINNAALL PPLLAATT
JJUULLYY 1100,, 22002244
PPAAGGEE 33 OOFF 99
sidewalk along one side, within a 60-foot-wide right-of-way. The Developer is eligible for
credit for constructing sidewalk improvements outside the plat. A $2,297.00 credit will be
applied to the Antlers Ridge cash requirements
The Developer shall construct a temporary cul-de-sac at the west end of 203rd Street within a
temporary public roadway, drainage and utility easement and provide a $3,000 security for
the future removal and restoration. Future street extension signs and barricades must be
installed at the end of the roadway.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility and street construction shall be
through Kenrick Avenue. Construction traffic shall not access the site through Kensfield Trail
to the south of the platted area, or 203rd Street West to the east of the platted area.
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDD EEWWAALLKKSS
Development of Antlers Ridge includes the construction of public sidewalks. Five-foot-wide
concrete sidewalks, with pedestrian curb ramps, shall be installed along one side of 203rd
Street and Kensfield Trail.
The Park Dedication requirement has not been collected on the parent parcel and shall be
satisfied through a cash contribution with the final plat, calculated as follows:
34 units x $3,929.00 = $133,586.00
Total Units
Antlers Ridge
2024 Unit Rate Park Dedication Fee
Antlers Ridge
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.
UUTTIILLIITTIIEESS
SSAANN IITTAARRYY SSEE WWEERR
Antlers Ridge is located within subdistrict SC-13041 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 Antlers Ridge includes construction of public sanitary sewer. Sanitary sewer
will extend within the subdivision from an existing stub located within Kensfield Trail, at the
south plat boundary.
Page 173 of 180
AANNTTLLEERRSS RRIIDDGGEE –– FFIINNAALL PPLLAATT
JJUULLYY 1100,, 22002244
PPAAGGEE 44 OOFF 99
The Sanitary Sewer Availability Charge has not been collected on the parent parcel and is
required with the final plat. The fee will be based on the rate in effect at the time of final plat
approval, and calculated as follows:
34 units x $327.00/unit = $11,118.00
Total Units
Antlers Ridge 2024 Unit Rate Sanitary Sewer Availability Charge
Antlers Ridge
The Sanitary Sewer Availability Charge will be collected at the time Outlot B is final platted
into lots and blocks, at the rate in effect at the time of final plat approval.
WWAATTEERRMMAAIINN
Development of Antlers Ridge includes construction of public watermain. Watermain will
extend within the subdivision from existing stubs located within Kensfield Trail (at the south
plat boundary) and 203rd Street (at the east plat boundary).
UUNN DDEERRGGRROOUUNNDDIINNGG
Existing aboveground equipment (utility lines and poles) is located along the east side of
Kenrick Avenue, adjacent to the parent parcel. The equipment is to be relocated and
maintained underground with development along Kenrick Avenue, consistent with the City’s
Public Ways and Property Ordinance. There are no undergrounding requirements with
Antlers Ridge, but undergrounding requirements for future additions of the Antlers Ridge
preliminary plat will be reviewed at the time Outlot B is final platted into lots and blocks.
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
Antlers Ridge is located within subdistrict ML-092 of the Marion Lake stormwater district.
Development of Antlers Ridge includes the construction of a public stormwater management
basin. The basin will be located in Outlot A and provide treatment and rate control of
stormwater runoff generated from the site. The design includes a graded, vegetated trail
extending from 203rd Street and through Outlot A to provide maintenance access.
Development of Antlers Ridge also includes minor grading to the existing stormwater
management basin located in Outlot A, Springbrook. The stormwater management design is
consistent with the City’s stormwater management ordinance.
The Developer must certify 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. Prior to
issuance of building permits, the soils observation and testing report, including referenced
development phases and lot descriptions, and an as-built certified grading plan must be
submitted and approved by City staff.
Antlers Ridge contains more than one acre of site disturbance. A National Pollution Discharge
Elimination System General Stormwater Permit for construction activity is required from the
Page 174 of 180
AANNTTLLEERRSS RRIIDDGGEE –– FFIINNAALL PPLLAATT
JJUULLYY 1100,, 22002244
PPAAGGEE 55 OOFF 99
Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by
grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City
upon receipt from the MPCA.
SSTTOORRMM SSEEWWEERR
Development of Antlers Ridge includes the 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 the public stormwater
management basins located with Outlot A, Antlers Ridge and Outlot A, Springbrook.
Draintile construction is required in areas of non-granular soils within Antlers Ridge 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 parcel and will be collected
with the final plat, calculated as follows:
Storm Sewer Charge Summary
Gross Area of Antlers Ridge 768,195 s.f.
Less Area of Outlot A (Wetland, Stormwater Management Basin) (-) 267,155 s.f.
Less Area of Outlot B (Future Development) (-) 194,121 s.f.
Less Area of Kenrick Avenue Right-of-Way (-) 13,662 s.f.
Total Storm Sewer Charge Area 293,257 s.f.
293,257 s.f. x $0.198/s.f. = $58,064.89
Net Area
Antlers Ridge
2024 Unit Rate Storm Sewer Charge
Antlers Ridge
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:
3.34 acres x $5,500/acre = $18,370.00
Area of Wetland
and Buffer
Antlers Ridge
Unit Rate Credit to Storm Sewer Charge
Antlers Ridge
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
Page 175 of 180
AANNTTLLEERRSS RRIIDDGGEE –– FFIINNAALL PPLLAATT
JJUULLYY 1100,, 22002244
PPAAGGEE 66 OOFF 99
RREETTAAIINNIINNGG WWAALLLLSS
Development of Antlers Ridge includes the construction of privately owned and maintained
retaining walls. All modular block retaining walls constructed as part of the subdivision
grading plan must meet MN/DOT requirements. A registered engineer must design any
retaining wall that has a combined height greater than four feet (4'). The building official must
approve the retaining wall plans and each retaining wall is subject to issuance of a separate
building permit. The walls must be constructed prior to the issuance of building permits. An
encroachment agreement is required with the final plat for the retaining walls proposed
within drainage and utility easements. The retaining walls will be owned and maintained by
the Antlers Ridge HOA. The Developer shall post a $221,737.50 security with the final plat for
construction of the walls.
FFEEMMAA FFLLOOOODDPPLLAAIINN AANN AALLYYSSIISS
Antlers Ridge is shown on the Flood Insurance Rate Map (Map Nos. 27037C0191E; 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.
The parent parcel is located within the shoreland overlay district. Restrictions to the site in
accordance with City Code Title 10 Chapter 102 apply.
WWEETTLLAANNDDSS
A wetland delineation was completed for the site by Midwest Natural Resources Inc. The
Notice of Application was sent out 8/9/21. No adverse comments were received. Based on the
information provided in the report dated 7/16/2021 and subsequent site visit, the wetland
delineation for the area outlined in the report has been determined to be acceptable for use
in implementing the Wetland Conservation Act.
One wetland was identified on the site. No wetland impacts are proposed. The wetland and
required buffer will be placed in Outlot A and deeded to the City. The Developer is
responsible for installing 15 Natural Area Signs along the south side of Outlot A.
TTRREEEE PPRREESSEERRVVAATTIIOONN
The plan identifies 888 total trees on site and proposes to save 322 trees (36%). Prior to
removal, tree protection or silt fence line must be installed. Minor changes may result in
additional removals or saves based on location or condition of the tree.
All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per
the Lakeville Subdivision Ordinance. Significant trees, as identified in the Lakeville Subdivision
Page 176 of 180
AANNTTLLEERRSS RRIIDDGGEE –– FFIINNAALL PPLLAATT
JJUULLYY 1100,, 22002244
PPAAGGEE 77 OOFF 99
Ordinance, shall be protected and preserved through termination of all grading and
construction activities.
EERROOSSIIOONN CCOONNTTRROOLL
The plans include a detailed erosion and sediment control plan. The Developer is responsible
for meeting all the requirements of the MPCA Construction Permit. 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. An on-site
preconstruction meeting shall be held with the City prior to the issuance of a building permit.
The MS4 Administration Fee has not been collected on the parent parcel and shall be paid
with the final plat, calculated as follows:
$346,979.92 x 2% = $6,939.60
Grading Cost
Antlers Ridge
2024 Rate MS4 Administration Fee
Antlers Ridge
SSEECCUURRIITTIIEESS
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Antlers Ridge. Construction costs are based upon estimates
submitted by the Developer’s engineer on June 3, 2024. The grading cost is based upon the
ratio of public grading to the full site area, which will be refined by the developer’s engineer
prior to the development contract recording.
CONSTRUCTION COSTS
Sanitary Sewer $ 132,508.80
Watermain 161,921.15
Storm Sewer 232,816.61
Street Construction 235,131.00
Grading, Erosion Control and Vegetation Establishment 77,825.00
SUBTOTAL - CONSTRUCTION COSTS $ 840,202.56
OTHER COSTS
Developer’s Design (3.0%) $ 25,206.08
Developer’s Construction Survey (2.5%) 21,005.06
City’s Legal Expense (0.5%) 4,201.01
City Construction Observation (5.0%) 42,010.13
Developer’s Record Drawing (0.5%) 4,201.01
Retaining Walls 221,737.50
Natural Area Signs 1,500.00
Landscaping 36,400.00
Page 177 of 180
AANNTTLLEERRSS RRIIDDGGEE –– FFIINNAALL PPLLAATT
JJUULLYY 1100,, 22002244
PPAAGGEE 88 OOFF 99
Streetlights 4,800.00
Lot Corners/Iron Monuments 3,900.00
SUBTOTAL - OTHER COSTS 364,960.79
TOTAL PROJECT SECURITY $1,205,163.35
The street light security totals $4,800 which consists of four (4) 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
$3,900.00. 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 $1,425.00 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:
34 units x $40.48/unit = $1,376.32
Total Units
Antlers Ridge 2024 Rate Streetlight Operating Fee
Antlers Ridge
A cash fee for one-year of environmental resources management expenses shall be paid with
the final plat and is calculated as follows:
34 units x $59.16/unit x 0.50 = $2,011.44
Total Units
Antlers Ridge 2024 Rate Utility Factor Environmental Resources Fee
Antlers Ridge
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:
39 lots x $90.00/unit = $3,510.00
Lots/Outlots
Antlers Ridge 2024 Rate Property Data & Asset/Infrastructure Mgmt. Fee
Antlers Ridge
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 $25,206.08.
Page 178 of 180
AANNTTLLEERRSS RRIIDDGGEE –– FFIINNAALL PPLLAATT
JJUULLYY 1100,, 22002244
PPAAGGEE 99 OOFF 99
CASH REQUIREMENTS
Temporary Cul-De-Sac Removal/Restoration $ 3,000.00
Park Dedication 133,586.00
Sanitary Sewer Availability Charge 11,118.00
Storm Sewer Charge 58,064.89
MS4 Administration Fee 6,939.60
Traffic Control Signs 1,425.00
Streetlight Operating Fee 1,376.32
Environmental Resources Management Fee 2,011.44
Property Data and Asset/Infrastructure Management Fee 3,510.00
City Engineering Administration (3.00%) 25,206.08
SUBTOTAL – CASH REQUIREMENTS $ 246,237.33
CREDITS TO CASH REQUIREMENTS
Storm Sewer Charge Credit (Outlot A) $ 18,370.00
Kenfield Trail Sidewalk Construction Credit 4,351.60
203rd Street Sidewalk Construction Credit 2,297.00
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 25,018.60
TOTAL CASH REQUIREMENTS $ 221,218.73
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the Antlers Ridge final plat, final grading and erosion
control plan, final utility plan, tree preservation plan, and landscape plan subject to the
requirements and stipulations within this report.
Page 179 of 180
Date: 7/15/2024
Next City Council Meeting August 5, 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 180 of 180