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09-16-2024 Agenda Packet
AGENDA CITY COUNCIL MEETING September 16, 2024 - 6:30 PM City Hall Council Chambers Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join the meeting via Teams Meeting, Meeting ID: 270 967 142 637 or by calling Toll Number 1-323-433-2142; Conference ID: 244 190 036#. The mayor will allow for public comments and questions at the appropriate time. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a council member’s personal judgment. 1. Call to order, moment of silence and flag pledge 2. Roll Call 3. Citizen Comments 4. Additional agenda information 5. Presentations/Introductions a. Proclamation for Lakeville Olympians b. Proclamation for Manufacturing Month 6. Consent Agenda a. Check Register Summary b. Minutes of the 09/03/2024 City Council Meeting c. Approve Encroachment Agreement with Newman for Private Improvements in Public Easements d. Approve First Amendment to Stormwater Maintenance Agreement/Best Management Practice Facilities and Easement Agreement with Goodwill e. Ordinance Establishing Term Limits for City Boards and Commissions f. Purchase of lift station pumps and accessories for the new Crystal Lake Lift Station No. 26. g. Approve Easement Acquisition Agreements for 185th Street Expansion h. Hasse Ice Sheet Warranty Agreement i. Hasse Outdoor Rink/Allina Health Pavilion Rink Naming Rights Agreement j. Dish Wireless Site Lease Agreement k. Contract for Fall 2024 Park Ash Tree Removals under the 2023 Shade Tree Program Page 1 of 256 City Council Meeting Agenda September 16, 2024 Page 2 Bonding Grant l. Contract for Fire Station #1 Remodel Project m. Agreement with Great River Greening for Restoration of Ritter Farm Park Pollinator Habitat Phase II n. Approve the Resolution Amending the 2024 Budgets o. Assignment and Assumption of Development Contract KTJ First Addition p. No Parking Resolution for Irenic Avenue q. Resolution Amending the Fee Schedule r. Ritter Meadows Second Addition Revised Preliminary Plat 7. Action Items a. Ordinance Amending Title 3, Chapter 24 and Title 11 of the City Code and Summary Ordinances for Publication b. Lord of Life Church Comprehensive Plan Amendment 8. Unfinished Business 9. New Business 10. Announcements a. Next Work Session Meeting September 23, 2024 b. Next Regular City Council Meeting October 7, 2024 11. Adjourn Page 2 of 256 Date: 9/16/2024 Proclamation for Lakeville Olympians Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 3 of 256 Date: 9/16/2024 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 08/26/2024 – 09/12/2024 is as follows: Checks 323734-323890 $1,464,176.36 ACH 17994-18148 $3,320,928.48 Electronic Funds Transfer (EFT) 20240419- 20240444 $1,919,635.09 Total $6,704,739.93 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 9.10.24CKSUM 2. Check Register 9.10.24 for Sept 16,2024 Council Mtg Financial Impact: $6,704,739.93 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 4 of 256 9/10/2024City of Lakeville 7:14:39R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 9/12/20248/26/2024 - Company Amount 1,150,656.3801000GENERAL FUND 19,603.4702000COMMUNICATIONS FUND 325.00031162014 B REFUNDING BONDS 325.00033182014 "A" IMPROVEMENT BONDS 230.75033192015 A IMPROVEMENT BONDS 325.00033242020 A IMP BONDS 325.00033252022 "" IMPR BONDS 94.25034032015A STATE AID STREET BONDS 325.00035382018 B ST RECON REF BOND (09A) 325.00035392021 C STREET RECONSTR BONDS 38,930.9104000BUILDING FUND 3,894.5404100EQUIPMENT FUND 14,389.3004125TECHNOLOGY FUND 76,411.0304200PARK DEDICATION FUND 2,648.26047002022 C PARK BONDS 4,785.48047102023 A PARK BONDS 382,754.61047202024 A PARK BONDS 186,299.6405200STATE AID CONSTRUCTION FUND 461,242.7605300PAVEMENT MANAGEMENT FUND 60,581.0005500WATER TRUNK FUND 112,148.0005600SANITARY SEWER TRUNK FUND 9,157.510658622-03 210TH ST LKVL BLVD RECON 18,030.350658922-24 AIRLAKE 70 IMPROVEMENT 6,953.400659524-02 STREET RECONSTRUCTION 848,495.600659624-03 COLLECTOR RD REHAB 17,161.2607450ENVIRONMENTAL RESOURCES FUND 28,193.5907550UTILITY FISCAL ADMINISTRATION 94,307.1907575STREET LIGHTING FUND 266,536.7807600WATER FUND 6,937.3807700SEWER FUND 775,863.7507800LIQUOR FUND 403,744.2207900MUNICIPAL RESERVES FUND 24,107.1408000ESCROW FUND - DEVELOPERS/BUILD 3,790.03-08910 ESCROW - DCA/SECTION 125 30,000.0008924LKVL ARENAS CAPITAL PROJECTS F 430,545.6408950DAKOTA 911 - OPERATING FUND 60,073.3408970LAKEVILLE ARENAS - OPERATIONS 1,171,802.4309800PAYROLL CLEARING FUND Report Totals 6,704,739.93 Page 5 of 256 MINUTES CITY COUNCIL MEETING September 3, 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; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3.Citizen Comments None 4.Additional agenda information Administrator Miller asked the City Council to Remove Item 6E Hasse Ice Sheet Warranty Agreement, from the consent agenda. This item will be brought back to the City Council at a future meeting. 5.Presentations/Introductions a.Park and Recreation Quarterly Report Park and Recreation Director Joe Masiarchin presented the Quarterly Report. 6.Consent Agenda Motion was made by Bermel, seconded by Wolter, to remove Item E Hasse Ice Sheet Warranty Agreement from the agenda and approve the consent agenda as amended. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a.Check Register Summary b.Minutes of the 08/19/2024 City Council Meeting c.Minutes of the 08/26/2024 Work Session Meeting d.Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization for Engineering of South Creek and Lake Marion Stormwater Management Improvements Page 6 of 256 City Council Meeting Minutes September 3, 2024 Page 2 e.Hasse Ice Sheet Warranty Agreement f.Approve Agreement with JD MD SIGMA PLLC for Cardiovascular and Metabolic Screening Services g.Approve Resolution No. 24-087 to Authorize Rick's Bike Sales to Sell Unclaimed Property on Behalf of the City. h.Ordinance No. 1090 Amending Title 11 (Zoning) of the City Code i.Joint Powers Agreement with Dakota County for Citywide Trail Gap Improvements along County State Aid Highways 9 (Dodd Boulevard) and 23 (Cedar Avenue) j.Approve the Convention and Visitors Bureau 2025 Budget k.Approval of 2024-2025 Hunting Map l.Resolution No. 24-088 Accepting Donations to the Lakeville Parks & Recreation Department in the 3rd Quarter of 2024 m.Contract for Heavy-Duty Jack Replacement n.Resolution No. 24-089 Cedar Creek Villas 2nd Addition Amendment to Development Contract 7.Action Items a.Public Hearing and Resolution No. 24-090 Adopting Assessments For Unpaid Special Charges Finance Director Julie Stahl presented the Assessments for the unpaid special charges. Mayor Hellier opened the public hearing at 6:17 p.m. There were no comments from the public. Motion was made by Volk, seconded by Wolter, to close the public hearing at 6:18 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Bermel, seconded by Volk, to approve Resolution 24- Adopting Assessments for the Unpaid Special Charges. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter b.Resolution No. 24-091 Approving Preliminary 2025 Property Tax Levy and Preliminary 2025 Budget Finance Director Julie Stahl presented the Preliminary 2025 Property Tax Levy of $48,850,050, the Preliminary 2025 Budget of $32,977,000, and zero use of General Fund reserves, as discussed at the August 26th Council work session. The overall change in General Fund expenditures is a 3.3% increase from 2024. The proposed 2025 levy shown is a $5.25 million (12%) increase over the 2024 levy. The park Referendum approved by voters in November 2021 accounts for 2.4% of the 12% increase. Staff will continue to review expenditure budgets and other funding sources to Page 7 of 256 City Council Meeting Minutes September 3, 2024 Page 3 reduce the tax levy before the budget is adopted on December 2, 2024. Council discussed what was reduced from the work session last week. The motion was made by Lee, seconded by Volk, to approve Resolution 24-091 Establishing the Preliminary 2025 Property Tax Levy and Preliminary 2025 Budget and setting the Budget Public Hearing to be held on Monday, December 2, 2024, at 6:00 pm in the Council Chambers. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 8.Unfinished Business None 9.New Business None 10.Announcements a.Next City Council Meeting September 16, 2024 b.Next Work Session Meeting September 23, 2024 11.Adjourn Motion was made by Volk, seconded by Wolter, to adjourn at 6:30 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 256 Date: 9/16/2024 Approve Encroachment Agreement with Newman for Private Improvements in Public Easements Proposed Action Staff recommends adoption of the following motion: Move to approve Encroachment Agreement with Anton and Kelli Newman for private improvements in public easements. Overview Anton and Kelli Newman (18806 Javelin Path) request approval for existing privately-owned and maintained retaining walls in public easements. The property owners will own and maintain the walls and are responsible for removing the private improvements if the City determines the public easements must be utilized. Supporting Information 1. Encroachment Agreement Financial Impact: $0 Budgeted: No Source: N/A Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Michael Kutz, Civil Engineer Page 9 of 256 1 232199v1 (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this _______ day of _____________, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and ANTON NEWMAN AND KELLI NEWMAN, spouses married to each other, joint tenants, (“Owners”). 1. BACKGROUND. Owners are the fee owners of certain real property located in the City of Lakeville, County of Dakota, State of Minnesota, legally described as follows: PID 22-58601-02-090 Lot 9, Block 2, Preserve of Lakeville Second Addition, Dakota County, Minnesota according to the recorded plat thereof, (torrens property) having a street address of 18806 Javelin Path, Lakeville, Minnesota 55044 (“Subject Property”). The City owns easements for drainage and utility purposes over portions of the Subject Property (“Easement Areas”). Owners desire to construct a retaining wall on the south side of the Subject Property which encroaches on the City’s drainage and utility Easement Areas as depicted on the survey sketch attached hereto as Exhibit “A”. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment of the retaining wall in its Easement Areas on the Subject Property. Further conditions of encroachment approval are as follows: Page 10 of 256 2 232199v1 • The retaining wall located on the Subject Property shall not impact or increase water drainage on the abutting property or cause any adverse drainage patterns or erosion to the abutting property. • Owners agree that the construction of the retaining wall is consistent with all applicable federal, state and local laws and regulations. • The Owners of the Subject Property will own and maintain the retaining wall. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's Easement Areas, Owners, for themselves, their heirs, successors and assigns, hereby agree to indemnify and hold the City harmless from any damage caused to the Subject Property, including the retaining wall in the City’s Easement Areas, caused in whole or in part by the encroachment into the City's Easement Areas. 4. TERMINATION OF AGREEMENT. The City may, at its sole discretion, terminate this agreement at any time if the City needs to occupy the easements for drainage and utility purposes by giving the then owner of the Subject Property thirty (30) day advance written notice. The owner of the Subject Property may be required to remove the retaining wall if it is deemed necessary by the City in order to exercise the purpose of the existing drainage and utility easement. If the owner fails to do so, the City may remove the retaining wall and charge the cost of removal back to the owner for reimbursement. No notice under this paragraph shall be required in the event of an emergency condition determined solely by the City and the Agreement may then be terminated immediately. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. Page 11 of 256 3 232199v1 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 Ann Orlofsky, respectively 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 12 of 256 Page 13 of 256 5 232199v1 EXHIBIT “A” Page 14 of 256 Date: 9/16/2024 Approve First Amendment to Stormwater Maintenance Agreement/Best Management Practice Facilities and Easement Agreement with Goodwill Proposed Action Staff recommends adoption of the following motion: Move to approve the Amendment to Stormwater Maintenance Agreement/Best Management Practice Facilities and Easement Agreement with Goodwill Easter Seals Real Estate LLC. Overview The City is required to establish legal mechanisms with owners of privately-owned and operated structural stormwater best management practices (BMPs) in accordance with the City's Small Municipal Separate Storm Sewer Systems (MS4) permit (issued through the Minnesota Pollution Control Agency). The legal mechanisms must include provisions that are designed to preserve the City's right to ensure that owners are inspecting and maintaining private BMPs to protect their effectiveness. The City developed stormwater maintenance agreements to meet this requirement. The City Council approved the original Agreement at its May 20, 2024 meeting. The property owner recently completed improvements to the property, including construction of privately- owned and operated stormwater management facilities. The Amendment to the Stormwater Maintenance Agreement/Best Management Practice Facilities and Easement Agreement reflects the new, as-built location of the stormwater management facilities. Supporting Information 1. First Amendment to Stormwater Maintenance Agreement with Goodwill Financial Impact: $0 Budgeted: No Source: N/A Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Alanna Sobottka, Civil Engineer Page 15 of 256 1 232221v3 FIRST AMENDMENT TO STORMWATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES AND EASEMENT AGREEMENT THIS FIRST AMENDMENT TO STORMWATER MAINTENANCE AGREEMENT/BEST MANAGEMENT PRACTICE FACILITIES AND EASEMENT AGREEMENT (the “Amendment”) is made and entered into as of the ______ day of _____________, 2024, by and between GOODWILL EASTER SEALS REAL ESTATE LLC, a Minnesota limited liability company (the “Owner”) and the CITY OF LAKEVILLE, a Minnesota municipal corporation (the “City”). RECITALS A. Goodwill Easter Seals Real Estate LLC, a Minnesota limited liability company (“Goodwill”) and the City of Lakeville entered into a Stormwater Management/Best Management Practice Facilities and Easement Agreement dated May 20, 2024, recorded in the Office of the County Recorder of Dakota County, Minnesota on June 26, 2024 as Document Number 364952 (“Agreement”); B. Goodwill is the fee owner of the property legally described in Exhibit A attached hereto (“Property”); and C. The Owner and City desire to amend Agreement to amend the legal description and depiction of the property subject to the easement in connection with City approval of a site improvement performance agreement (“SIPA”) for the property. 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. Amendment to Exhibit B. Exhibit B of the Agreement is hereby amended as provided in Exhibit B attached hereto. 2. Effect of Agreement. The Agreement shall remain in full force and effect except as specifically amended herein. [Remainder of page intentionally left blank] [Signature pages to follow] Page 16 of 256 SIGNATURE PAGE TO FIRST AMENDMENT TO STORMW ATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES AND EASEMENT AGREEMENT PROPERTY OWNER: GOODWILL EASTER SEALS REAL ESTATE LLC By:� Cu� Jef�U�cker, Chief Financial Officer STATE OF MINNESOTA COUNTY OF l� V'\ O kOL- ) )ss. ) The foregoing instrument was acknowledged before me this 3c/" day of /J.U'Jv,51-2024, by JeffM. Uecker, the Chief Financial Officer of GOODWILL EASTER SEALS REAL ESTATE LLC, a Minnesota limited liability company, on behalf of said entity. 23222lv3 ALYSSA RAE DOLS NOTARY PUBLIC -MINNESOTA MY GGMMISSl9N EXPIRES 91191126 Notary Public 2 Page 17 of 256 3 232221v3 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 18 of 256 4 232221v3 EXHIBIT A TO AMENDED AND RESTATED STORMWATER MAINTENANCE AGREEMENT Legal Description Of The Property The land to which this Stormwater Maintenance Agreement applies is legally described as follows: Lot 2, Block 1, Lakeville Commerce Center Fourth Addition, Dakota County, Minnesota, according to the recorded plat thereof. Page 19 of 256 232221v3 EXHIBIT B TO AMENDED AND RESTATED STORMWATER MAINTENANCE AGREEMENT An easement for storm sewer purposes over, under and across a portion of Lot 2, Block 1, LAKEVILLE COMMERCE CENTER FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Said easement being a 48.00 foot wide strip of land, the center line of which is described as follows: Commencing at the southwest corner of said Lot 2; thence northerly along the westerly line of said Lot 2 for 54.37 feet; thence northeasterly, deflecting to the right 72 degrees 14 minutes 20 seconds for 56.00 feet to the point of beginning of the center line to be described; thence continuing on the northeasterly prolongation of the last described line for 137.00 feet, and said centerline there terminating. AND An easement for storm sewer purposes over, under and across a portion of Lot 2, Block 1, LAKEVILLE COMMERCE CENTER FOURTH ADDITION, according to the recorded plat thereof, Dakota County, Minnesota. Said easement being a 40.00 foot wide strip of land, the center line of which is described as follows: Commencing at the northeast corner of said Lot 2; thence westerly along the northerly line of said Lot 2 for 37.49 feet; thence southerly, deflecting to the left 90 degrees 03 minutes 15 seconds for 143.32 feet to the point of beginning of the center line to be described; thence continuing on the southerly prolongation of the last described line for 116.00 feet, and said centerline there terminating. Page 20 of 256 232221v3 EXHIBIT B TO AMENDED AND RESTATED STORMWATER MAINTENANCE AGREEMENT Page 2 Page 21 of 256 Date: 9/16/2024 Ordinance Establishing Term Limits for City Boards and Commissions Proposed Action Staff recommends adoption of the following motion: Approve an Ordinance Amending Title 2 of the Lakeville City Code Concerning Boards and Commissions Overview At the August work session, the City Council discussed the appointment process for various boards and commissions as well as establishing term limits for appointees. The attached ordinance amends city code to put term limits into effect with the following provisions: 1. Appointees may serve two consecutive three-year terms (planning commissioners may serve three consecutive three-year terms) 2. Upon unanimous resolution of the city council, individuals may serve in excess of the consecutive term limits 3. Upon reaching the consecutive term limit, individuals are eligible for another appointment after one year has elapsed since the conclusion of their previous term If approved, the ordinance will be in effect with commission renewals in 2025. Supporting Information 1. DOCS-#232480-v1- ORDINANCE_AMENDING_TITLE_2___BOARDS_AND_COMMISSIONS (1) Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Justin Miller, City Administrator Page 22 of 256 232480v1 ORDINANCE NO. ___ CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 2 OF THE LAKEVILLE CITY CODE CONCERNING BOARDS AND COMMISSIONS THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 2, Chapter 1, Section 2-1-2(B) of the Lakeville City Code is hereby amended to add the following underlined language as follows: Terms: The terms of office for members shall be for three (3) years, overlapping as presently established. No members shall be appointed to more than three consecutive three-year terms, unless expressly approved by the city council in accordance with section 2-2-1(E)(2). The ex officio member and alternate members shall serve a one year term. Members shall be appointed from among persons in a position to represent the general public interest, and no persons shall be appointed with private or personal interest likely to conflict with the general public interest. If any person appointed shall find that his or her private or personal interests are involved in any matter coming before the planning commission, that person shall disqualify himself or herself from taking part in action on the matter, or that person may be disqualified by the chairperson of the planning commission. SECTION 2. Title 2 of the Lakeville City Code is hereby amended by adding the following Chapter 2, Section 2-2-1 as follows: 2-2-1: BOARDS AND COMMISSIONS; GENERALLY A. Establishment: The city council may, by resolution or ordinance, create from time to time such boards and commissions to advise the city council as it deems to be necessary for the proper management and operation of the city, and by resolution appoint individual members to serve on the same. B. Rules: The city council shall prescribe the rules, regulations, procedures and duties of the boards and commissions that it appoints in the resolution or ordinance creating them. All boards and commissions shall be subject to the provisions of this chapter, unless otherwise specified in city ordinance or state law. C. Authority: The boards and commissions appointed by the city council may exercise all duties that the city council has legally assigned to them. They have the authority to investigate matters and make advisory recommendations to the city council, but do not make decisions on behalf of the city council. Page 23 of 256 2 232480v1 D. Absences: Absences from one-third of the duly called meetings of the board or commission shall constitute the automatic resignation of the appointed member. E. Terms: Each appointment to a board or commission shall be for a term of three years. (1) No individual shall serve more than two consecutive terms on a non- planning commission board or commission unless expressly approved by the city council in accordance with section (E)(2). Planning commission term limits are as specified in section 2-1-2(B). (2) The city council may appoint an individual to serve on a board or commission in excess of the consecutive term limit by unanimous resolution making such appointment and finding that there are circumstances which make such appointment desirable. (3) All individuals that have reached the consecutive term limit are eligible for another appointment after at least one year has elapsed since the conclusion of their previous term. SECTION 3. Effective Date. This ordinance shall be effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Lakeville, Minnesota this ______ day of _______________, 2024. CITY OF LAKEVILLE BY: _______________________________ Luke Hellier, Mayor ATTEST: ____________________________ Ann Orlofsky, City Clerk Page 24 of 256 Date: 9/16/2024 Purchase of lift station pumps and accessories for the new Crystal Lake Lift Station No. 26. Proposed Action Staff recommends adoption of the following motion: Move to approve the purchase of lift station pumps and pump accessories from Quality Flow Systems, Inc. for the new Crystal Lake Lift Station No. 26, Project No 24-09. Overview The new Crystal Lake Lift Station No. 26, to be constructed in Oak Shores park, is in the final stages of project design. Two submersible pumps with associated accessories will be required for the lift station. The City of Lakeville has standardized all submersible lift stations with KSB pumps due to their quality and dependability. Standardizing KSB pumps allows for less repair part inventory and availability to reuse pumps at multiple lift stations. Quality Flow Systems, Inc. is the sole source provider of KSB Pumps. City staff solicited a quotation from Quality Flow Systems, Inc. for the procurement of two pumps, as well as accessories including discharge base elbows, upper guide pipe brackets and guide pipe, and two hatch covers for wetwell access and valve pit access. Quality Flow Systems, Inc. submitted a quotation at a price of $66,640.00. City staff recommends the purchase of the new Crystal Lake Lift Station No. 26 pumps and accessories from Quality Flow Systems, Inc. Supporting Information 1. QUALITY FLOW SYSTEMS, INC PUMP QUOTE Financial Impact: $66,640.00 Budgeted: Yes Source: 5600-6280 Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Grossman, Utilities Supervisor Page 25 of 256 QUALITY FLOW SYSTEMS, INC. 800 6th Street NW Phone (952)758-9445 New Prague, MN 56071 Fax (952)758-9661 August 28, 2024 To: Joseph Lindquist Bolton & Menk Subject: Lakeville, MN Crystal Lake LS Rev 4 Engineer: Bolton & Menk Dear Joe; Please find below our proposal for the lift station equipment. We include the pumps, access covers, and accessories. Submersible Centrifugal Pumps and Accessories: Two (2) “KSB” Model F100-316/184XEG, 25hp, 460/3, heavy duty submersible pumps capable of pumping 730 gpm @ 56’ TDH. To include: - 4” X 6” base elbows - Upper bracket - 50’ of power cord - Leakage and motor overtemp sensor - Stainless steel lifting chain - Pump safe modules for the control panel - 2” stainless steel guide pipe (80’) One (1) “Halliday” 42” X 60”, 300lb rated aluminum access cover with safety grate One (1) “Halliday” 36” X 42”, 300lb rated aluminum access cover with safety grate One (1) Stainless steel J hook One (1) Stainless steel cable rack One (1) Freight to jobsite One (1) Start-up and training Total Delivered Selling Price - $66,640.00 (+ applicable tax) (freight allowed to the jobsite) If you have questions or wish for our proposal to be quoted different, please give me a call. Sincerely, Pat Malay Pat Malay Page 26 of 256 Date: 9/16/2024 Approve Easement Acquisition Agreements for 185th Street Expansion Proposed Action Staff recommends adoption of the following motion: Move to approve easement acquisition agreements for the 185th Street Expansion between Kenwood Trail and Ipava Avenue, City Project 25-04. Overview The City of Lakeville and Dakota County are partnering to complete improvements to County State Aid Highway (CSAH) 60 (185th Street) from CSAH 50 (Kenwood Trail) to Ipava Avenue. City Project 25-04 is programmed in the City and County adopted five-year Capital Improvement Plans (2024-2028) to improve intersection operations, make safety improvements, and provide for increasing traffic levels. The project includes widening to a four-lane divided urban roadway with pedestrian/bicyclist facilities along both sides, intersection modifications and public utility infrastructure improvements. Construction of the project requires acquisition of additional permanent right-of-way, trail and drainage and utility easements, and temporary construction easements to accommodate the street, trail and drainage improvements. The City's consultant engineer contracted a consultant and an independent appraiser to appraise the value of the easements. The appraisals were reviewed and approved by City staff and the City Attorney. The City and property owners of Parcels 10, 11, 12, 13, 22, 26 and 28 reached agreement on terms and conditions of the required easements through direct negotiation. Compensation and the conveyance of easements are subject to City Council approval, verification of marketable title and lender consent (if applicable). The City and County will share easement acquisition costs as established in the project's Joint Powers Agreement. The City is the lead agency. Therefore, the total cost is reflected in this memo. The City's estimated net cost for these easement acquisitions is $85,000. Supporting Information 1. Parcel Sketches Financial Impact: $188,950 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Zach Johnson, City Engineer Page 27 of 256 Page 28 of 256 Page 29 of 256 Page 30 of 256 Page 31 of 256 Page 32 of 256 Page 33 of 256 Page 34 of 256 Date: 9/16/2024 Hasse Ice Sheet Warranty Agreement Proposed Action Staff recommends adoption of the following motion: Approve a warranty agreement with Sheehy Construction Company for work performed on the outdoor ice sheet at Hasse Arena. Overview As part of the 2021 Park Bond Referendum, an outdoor ice sheet was constructed at Hasse Arena. During construction of the concrete slab, defects were identified that would compromise the long-term viability of the ice sheet. The work has since been repaired. Over the past year, staff and the city attorney have been working on a revised warranty agreement that would protect the City and Lakeville Arenas in the event that the slab repairs fail. This agreement spells out the terms of a five-year limited warranty of the repaired work. The Lakeville Arenas Board reviewed this agreement and is recommending approval. Supporting Information 1. Sheehy 5 yr Warranty Agreement Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Justin Miller, City Administrator Page 35 of 256 9thAugustPage 36 of 256 Page 37 of 256 Page 38 of 256 Page 39 of 256 Page 40 of 256 Date: 9/16/2024 Hasse Outdoor Rink/Allina Health Pavilion Rink Naming Rights Agreement Proposed Action Staff recommends adoption of the following motion: Approval of Naming Rights Agreement with Allina Health System for Outdoor Rink at Hasse Arena Overview As part of the Park Bond Referendum, a refrigerated and covered outdoor rink was constructed at Hasse Arena. It is scheduled to open this fall, and earlier this year proposals were solicited for naming rights of the pavilion. Allina Health submitted a proposal which included a commitment of $100,000 over ten years. The Arenas Board has reviewed the proposal and recommends approval. The City of Lakeville and the Arenas Board will work closely on recognizing this comittment from Allina Health System and will coordinate signage, publicity, and all other aspects of the agreement. Supporting Information 1. DOCS-#231368-v1-NAMING_RIGHTS_AGREEMENT_ALLINA_HEALTH v1_FINAL Financial Impact: $100,000 Budgeted: No Source: Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Justin Miller, City Administrator Page 41 of 256 231368v1 1 NAMING RIGHTS AGREEMENT THIS NAMING RIGHTS AGREEMENT (“Agreement”) is made as of the 1st day of October, 2024, by and between and among the CITY OF LAKEVILLE, a Minnesota municipal corporation, (“City”) and ALLINA HEALTH SYSTEM, a Minnesota nonprofit corporation (“Allina”). The following recitals form the basis for this Agreement and are made a part hereof. RECITALS A. The City is the fee owner of the real property with a street address of 8525 215th Street, Lakeville, Minnesota 55044 (the “Property”). B. The City is constructing an outdoor ice rink pavilion on the Property, which is proposed to be completed in 2024 (“Outdoor Ice Rink”). C. The City and Allina are desirous of entering into an agreement whereby in exchange for Allina’s agreement to make a Contribution (as hereinafter defined) to the City, the City shall be required to use the designation “Allina Health Pavilion Rink” exclusively as the name of the Outdoor Ice Rink in accordance with the terms and conditions set forth herein. D. Other than the rights specified in this Agreement, the City is not giving Allina anything of value for the Contribution. NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING RECITALS, THE MUTUAL PROMISES AND CONSIDERATIONS IN THE AGREEMENT AND BELOW, AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH AREA HERBY ACKNOWLEDGED, THE CITY AND ALLINA AGREE AS FOLLOWS: 1. GRANT. Subject to the remaining terms of this Agreement, Allina grants the City the non-exclusive, non-transferable, non-sublicensable limited right and license, during the Term, to use trade names, trademarks, service marks, logos, symbols, or other copyrighted or proprietary identifications (whether registered or not) of Allina (“Marks”) in connection with the Outdoor Ice Rink. Allina will provide its approved Marks for use in any signage or other promotional materials related to Allina’s sponsorship of the Outdoor Ice Rink. Page 42 of 256 231368v1 2 Allina reserves the right, in its sole discretion, to withdraw approval with respect to any Marks that were previously approved if the quality of such item ceases to be acceptable to Allina or upon the happening of some event which compromises or reflects unfavorably upon the good name, goodwill, reputation and/or image of Allina or any of its affiliates or which might jeopardize or limit Allina’s right, title or interest in or to the Marks. If at any time approval with respect to an Allina Mark is withdrawn as provided in the immediately preceding sentence, Allina shall be relieved from making further payments and the City shall immediately cease all use of the Marks and shall remove such items from any signage, displays or publicly displayed or distributed materials. 2. TERM AND TERMINATION. The term of this Agreement (“Term”) shall commence on October 1, 2024 and shall end on the 10th anniversary of the date of this Agreement. Either party shall have the right to terminate this Agreement upon the occurrence of the following: 2.1 By mutual written agreement of the parties at any time; 2.2 By either party for cause, which will be defined as a material default of this Agreement by a party that has not been cured within 30 days after notice of default by the non-defaulting party specifying the nature of the default. If the breach is not cured within the 30-day notice period, the Agreement shall terminate upon expiration of the 30-day notice period. 2.3 Effect of Termination. Upon termination of this Agreement, the City shall cease all use of Allina Marks and shall take down any signage or displays bearing an Allina Mark and no further payments shall be due under the Agreement from Allina. 3. PLACEMENT AND USE OF ALLINA NAME. During the Term, the City hereby agrees to display the Marks in accordance with the graphics and color guidelines established by Allina and provided to the City from time to time, provided that such guidelines shall be subject to the reasonable consultation with the City. Notwithstanding the foregoing, Allina has final approval on all use and displays of its Marks by the City. The City further agrees, without limitation, as follows: a) The “Allina Health Pavilion Rink” name shall be placed on signage at the front of the pavilion. b) The “Allina Health Pavilion Rink” name shall be placed on the facility entrance sign. c) The “Allina Health Pavilion Rink” name shall be placed on two branded banners. d) An Allina Mark shall be placed on an outdoor fire pit area when the area is constructed. e) An Allina Mark shall be placed in the lobby of the Outdoor Ice Rink. Page 43 of 256 231368v1 3 With regard to the foregoing requirements, the parties agree to act in good faith to agree upon the exact size and location of the Allina Marks to be employed by the City. Allina shall be responsible for all costs and expenses related to installation and maintenance of the foregoing signage. The City shall be responsible for maintenance, upkeep, and general security of the Property and operation of the Outdoor Ice Rink. All signage provided hereunder shall be maintained in good condition and, as reasonably necessary, replaced at Allina’s cost, except that the City shall be responsible for repair or replacement of the signage where the need for repair or replacement is caused by: (1) a condition on the Property; or (2) negligence in operation of the Outdoor Ice Rink. The City shall notify Allina of any necessary repairs or maintenance of signage or other displays of an Allina Mark within five (5) days of the City discovering or being made aware of an issue. The City shall ensure that Allina has reasonable access to the location of all Allina Marks for purposes of maintenance or repairs. 4. CONTRIBUTION. Allina hereby agrees to make a contribution to the City of $100,000.00 (the “Contribution”), payable as follows: $10,000.00 on October 1, 2024, and $10,000.00 on each October 1st during the Term of this Agreement. The City reserves the right, in the sole discretion of the City, to sell the Outdoor Ice Rink or cease operation of the Outdoor Ice Rink. In such event, the City shall provide Allina with at least ninety (90) days prior written notice of its intent to sell or cease operation of the Outdoor Ice Rink. Upon the sale or permanent termination of the use of the Outdoor Ice Rink (a “Termination Event”), no further payments shall be due under the terms of this Agreement. In the event of a Termination Event, the Contribution amounts paid in the years prior to the year of the Termination Event shall under no circumstances be refunded. However, Allina shall be entitled to a pro rata refund of the $10,000 Contribution payment in the year a Termination Event occurs. 5. CHANGES TO NAME. In the event that Allina’s corporate name is changed, the name of the Outdoor Ice Rink may be changed consistent with the corporate name change. Allina shall be responsible for all costs and expenses associated with replacing signage to reflect the name change. 6. ASSIGNMENT; MERGER OR ACQUISITION OF OUTDOOR ICE RINK. No party shall transfer or assign its rights or obligations under this Agreement without the other party’s prior written consent. 7. PUBLICITY. All public statements regarding this Agreement, including the Contributions and naming rights described herein shall be mutually agreed upon prior to release. An official public dedication will be scheduled jointly among the City and Allina. 8. MISCELLANEOUS PROVISIONS. (a) Notices. All notices, offers, consents or other communications required or permitted to be given pursuant to this Agreement shall be in writing and shall be considered as properly given or make if delivered personally or by messenger or Page 44 of 256 231368v1 4 delivered by mail, and addressed to the address of the intended recipients at the following addresses: TO CITY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Attn: City Administrator TO ALLINA: Allina Health System 2925 Chicago Avenue Minneapolis, MN 55407 Attn: Blake Long, VP Brand, Marketing and Communications _____________________ Either party may change its address by giving notice in writing stating its new address to the other party. (b) Relationship. Neither party hereto shall be or become the agent of the other party for any purpose in connection herewith. Allina shall not be liable for the City’s acts or omissions. This is not a franchise agreement and does not create a partnership or joint venture. Nothing herein contained shall be construed to give Allina any control over or responsibility for operation of the Outdoor Ice Rink. (c) Non-Waiver. No delay or omission of any party to exercise rights or powers under this Agreement shall impair any such right or power or shall be construed to be a waiver of any default or acquiescence therein. No waiver of any default shall be construed, taken, or held to be a waiver of any other default, or waiver, acquiescence in, or consent to any further or succeeding default of the same nature. (d) Entire Agreement. This Agreement contains the entire understanding between the parties and supersedes any prior understandings and written or oral agreements between them respecting this subject matter. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties relating to the subject matter of this Agreement that are not fully expressed in the Agreement. (e) Reasonableness. Wherever either party to this Agreement is required to approve or consent to or be satisfied as to any matter, such party agrees that such approval, consent or satisfaction shall not unreasonably be withheld or delayed. (f) Choice of Laws. This Agreement shall be interpreted under the laws of the State of Minnesota. Any actions concerning interpretation or enforcement of this Agreement shall be brought in the District Court of Dakota County, Minnesota. (g) Each party represents and warrants that it has the full right, power, and authority to enter into this Agreement and to perform its obligations hereunder. Page 45 of 256 231368v1 5 [Remainder of page intentionally left blank] [Signature pages to follow] Page 46 of 256 231368v1 6 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. Page 47 of 256 231368v1 7 CITY OF LAKEVILLE BY: ____________________________ Luke M. Hellier, Mayor AND ___________________________ Ann Orlofsky, City Clerk ALLINA HEALTH SYSTEM BY: ______________________________ Blake Long, VP Brand Marketing and Communications 09.06.2024 Page 48 of 256 Date: 9/16/2024 Dish Wireless Site Lease Agreement Proposed Action Staff recommends adoption of the following motion: Move to approve a communications site lease agreement with Dish Wireless. Overview The City of Lakeville owns a communications monopole at 9465 185th Street, adjacent to Fire Station 4. Over the past year, the city has been working with Dish Wireless on developing a lease agreement to accommodate the installation of Dish's equipment on the site and their antenna's on the monopole. This is a new lease with an initial five-year lease agreement with four additional five-year extensions for a total of 25 years. The lease agreement includes an annual lease payment to the city for $34,951.65 with a 5% annual escalator. Attached for City Council's consideration is the final version of the lease agreement as agreed to by Dish Wireless. Supporting Information 1. Dish Wireless Site Lease Agreement - FS4 Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Allyn Kuennen, Assistant City Administrator Page 49 of 256 Page 50 of 256 Page 51 of 256 Page 52 of 256 Page 53 of 256 Page 54 of 256 Page 55 of 256 Page 56 of 256 Page 57 of 256 Page 58 of 256 Page 59 of 256 Page 60 of 256 Page 61 of 256 Page 62 of 256 Page 63 of 256 Page 64 of 256 Page 65 of 256 Page 66 of 256 Page 67 of 256 Page 68 of 256 Page 69 of 256 Page 70 of 256 Page 71 of 256 Page 72 of 256 Page 73 of 256 Page 74 of 256 Page 75 of 256 Page 76 of 256 Page 77 of 256 Page 78 of 256 Page 79 of 256 Page 80 of 256 Page 81 of 256 Page 82 of 256 Page 83 of 256 Page 84 of 256 Page 85 of 256 Page 86 of 256 Page 87 of 256 Page 88 of 256 Page 89 of 256 Page 90 of 256 Page 91 of 256 Page 92 of 256 Page 93 of 256 Page 94 of 256 Page 95 of 256 Page 96 of 256 Page 97 of 256 Page 98 of 256 Page 99 of 256 Page 100 of 256 Page 101 of 256 Page 102 of 256 Page 103 of 256 Page 104 of 256 Page 105 of 256 Page 106 of 256 Page 107 of 256 Page 108 of 256 Page 109 of 256 Page 110 of 256 Page 111 of 256 Page 112 of 256 Date: 9/16/2024 Contract for Fall 2024 Park Ash Tree Removals under the 2023 Shade Tree Program Bonding Grant Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with Carr’s Tree Service, Inc. for the removal of ash trees and stumps located on park property as part of the 2023 Shade Tree Program Bonding Grant project. Overview In 2024, the City received funding under the 2023 Shade Tree Program Bonding Grant for the removal and replacement of ash trees in city parks. Over three years (2024-2026), the grant project proposes to remove an estimated 150 ash trees and replant 360 new trees in parks with a high percentage of ash trees. In the fall of 2024, Forestry staff propose to remove up to 60 ash trees in the first phase of the project. This includes tree and stump removal as well as site restoration. New trees will be planted in the parks where ash tree removals occur at a rate of two new trees for each tree removed under a separate planting contract. In August, the City solicited quotes from three contractors for ash tree removal. Three quotes were returned and the lowest qualified proposal for ash tree and stump removal was provided by Carr’s Tree Service in the amount of $68,204.00. Carr’s Tree Service confirmed their ability to meet the project’s removal deadline as well as the criteria of the RFP. Staff recommends approval of the contract. Funds spent on the tree and stump removal project are to be reimbursed as part of the previously approved 2023 Shade Tree Program Bonding Grant. Supporting Information 1. Contract 2. Quote Table Financial Impact: Grant funded, removal costs up to $68,204.00. Budgeted: Yes Source: Reimbursement through the 2023 Shade Tree Program Bonding Grant Envision Lakeville Community Values: Good Value for Public Service Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Zachary Jorgensen, City Forester Page 113 of 256 Page 114 of 256 Page 115 of 256 Page 116 of 256 Page 117 of 256 Page 118 of 256 Page 119 of 256 Page 120 of 256 Page 121 of 256 Carr's Tree Service $68,204.00 SavATree $84,535.00 Davey Tree Expert Company $97,280.00 2024 Park Ash Tree Removals - Quotes Received Pricing reflects the removal of 67 ash trees, stump removal, and site restoration with top soil and grass seed. Page 122 of 256 Date: 9/16/2024 Contract for Fire Station #1 Remodel Project Proposed Action Staff recommends adoption of the following motion: Move to approve contract with JT Egner Construction for the duty crew remodel project at Fire Station #1. Overview The fire department is planning to add six full-time firefighters who will be on duty 24 hours a day. To ensure their well-being and compliance with best practices, adequate sleeping and living quarters are required. Staff met with architects to create a short-term design that addresses immediate needs until further renovations can be completed. Five proposals were received, with costs ranging from $120,000 to $179,900. Staff recommends approving the lowest proposal from JT Egner Construction, which submitted a base proposal of $120,000. Additionally, staff is requesting approval for alternative #1, which includes extra painting of the living quarters for an additional $1,000. The project will be funded by the Building Fund. Supporting Information 1. Contract_JTEGNER 2. Proposal Recommendation 3. Proposal Packet_JT Egner 4. Proposal Tabulation Financial Impact: $121,000.00 Budgeted: Yes Source: Building Fund Envision Lakeville Community Values: Good Value for public Services Report Completed by: Tom Breeggemann Facility Supervisor Page 123 of 256 Page 124 of 256 Page 125 of 256 Page 126 of 256 Page 127 of 256 Page 128 of 256 Page 129 of 256 Page 130 of 256 Page 131 of 256 CNH# 24013 Lakeville Fire Station #1 - Short-Term Remodel 8/12/2024 ©CNH Architects, Ltd. Lakeville, MN 1 DRAWING SHEETS AND SCHEDULES 00 01 15 DOCUMENT 00 01 15 – LIST OF DRAWING SHEETS Sheet Index A1 General Information and Code Summary A2 Demolition, Floor, Ceiling and Finish Plans A3 Exterior Elevations, Wall Sections and Interior Wall Types A5 Exterior Details A6 Schedules, Frame and Window Types, Structural Detail M1 Mechanical Title Sheet M2 Partial First Floor Plan - Mechanical Demolition M3 Partial First Floor Plan - Plumbing M4 Partial First Floor Plan - Mechanical M5 Partial Second Floor Plan - Mechanical M6 Mechanical Schedules & Details E0 Electrical Title Sheet E1 Partial First Floor Electrical Demolition Plan E2 Partial First Floor Lighting Plan E3 Partial First Floor Power and Systems Plan E4 Partial Second Floor Power and Systems Plan END OF SECTION 00 01 15 Exhibit A Page 132 of 256 CNH# 24013 Lakeville Fire Station #1 - Short-Term Remodel 8/12/2024 ©CNH Architects, Ltd. Lakeville, MN TABLE OF CONTENTS Division Section Title Pages PROCUREMENT AND CONTRACTING DOCUMENTS GROUP DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS 000101 TITLE AND CERTIFICATION 1 000115 DRAWING SHEETS AND SCHEDULES 1 004113 PROPOSAL FORM 1 004173 RESPONSIBLE CONTRACTOR VERIFICATION AND CERTIFICATION OF COMPLIANCE 6 005213 AGREEMENT FORM - STIPULATED SUM (SINGLE PRIME) 1 007213 GENERAL CONDITIONS - STIPULATED SUM (SINGLE PRIME) 1 007300 SUPPLEMENTARY CONDITIONS - STIPULATED SUM (SINGLE PRIME) 3 SPECIFICATIONS GROUP General Requirements Subgroup DIVISION 01 - GENERAL REQUIREMENTS 011000 SUMMARY 2 012100 ALTERNATES 1 012600 CONTRACT MODIFICATION PROCEDURES 2 012900 PAYMENT PROCEDURES 2 013300 SUBMITTAL PROCEDURES 5 014000 QUALITY REQUIREMENTS 5 015000 TEMPORARY FACILITIES AND CONTROLS 5 017300 EXECUTION 6 017419 CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL 2 017700 CLOSEOUT PROCEDURES 4 Facility Construction Subgroup DIVISION 02 - EXISTING CONDITIONS 024119 SELECTIVE DEMOLITION 4 DIVISION 04 - MASONRY 042000 UNIT MASONRY 12 047200 CAST STONE MASONRY 6 DIVISION 05 - METALS 055000 METAL FABRICATIONS 5 DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES 061053 MISCELLANEOUS ROUGH CARPENTRY 4 Exhibit B Page 133 of 256 CNH# 24013 Lakeville Fire Station #1 - Short-Term Remodel 8/12/2024 ©CNH Architects, Ltd. Lakeville, MN DIVISION 07 - THERMAL AND MOISTURE PROTECTION 078413 PENETRATION FIRESTOPPING 7 078443 JOINT FIRESTOPPING 7 079200 JOINT SEALANTS 5 DIVISION 08 - OPENINGS 081113 HOLLOW METAL DOORS AND FRAMES 6 081416 FLUSH WOOD DOORS 3 085200 CASEMENT WINDOWS 3 087100 DOOR HARDWARE 7 DIVISION 09 - FINISHES 092216 NON-STRUCTURAL METAL FRAMING 4 092900 GYPSUM BOARD 5 093000 TILING 4 096513 RESILIENT BASE AND ACCESSORIES 3 096813 TILE CARPETING 4 099123 INTERIOR PAINTING 5 DIVISION 12 - FURNISHINGS 122414 ROLLER WINDOW SHADES - MANUAL 4 123623.13 PLASTIC-LAMINATE-CLAD COUNTERTOPS 4 END OF TABLE OF CONTENTS Page 134 of 256 7300 WEST 147TH STREET | SUITE 504 | APPLE VALLEY, MN 55124 | 952.431.4433 YOUR SUCCESS IS OUR INSPIRATION.CNH ARCHITECTS 1 MEMORANDUM PROJECT: Lakeville Fire Station 1 Short-Term Remodel CNH No: 24013 DATE: September 9, 2024 TO: City of Lakeville – Mayor and City Council SUBJECT: Proposal Recommendation The following is a summary of the proposal process and results, review of the apparent low general contractor proposer, and recommendations for City Council consideration for the Lakeville Fire Station 1 Short-Term Remodel project. Proposal Process The drawings and specifications were sent out to five general contractors that the City has either had experience with or is a local contractor that expressed interest in proposing on this project. All five contractors attending the pre-proposal walk through of the station with all five contractors submitting proposals for the project. Proposal Results See separate proposal tabulation for final results. Proposal Recommendation The apparent low proposer is JT Egner Construction and CNH Architects has interviewed them to discuss their comfort level with their proposal. They noted that they are comfortable with their proposal and feel that they have everything appropriately covered. Based on the proposal amount of $120,000 plus the alternate amount of $1,000, CNH Architects considers this to be a competitive proposal of good value to the City. CNH Architects also has experience working with JT Egner on non-public related projects and has had positive experiences with them and established a good working relationship. Consequently, CNH Architects recommends awarding the contract for the Lakeville Fire Station 1 Short-Term Remodel project to JT Egner Construction. Respectfully Submitted, Brooke Jacobson, AIA, LEED AP CNH Architects, Ltd. Page 135 of 256 Page 136 of 256 Page 137 of 256 Page 138 of 256 Page 139 of 256 Page 140 of 256 Page 141 of 256 Page 142 of 256 Page 143 of 256 Page 144 of 256 Page 145 of 256 ProposalTabulation - City of Lakeville Project: Fire Station #1 - Short Term Remodel Contractor Base Proposal Add Alt #1 Acknowledged Addendum Contractor Verification Form 5% Bond Loeffler Construction & Consulting $179,900.00 $3,000.00 Yes Yes Yes Versacon Inc.$171,500.00 $1,500.00 Yes Yes Yes Greystone Construction $156,076.00 $961.00 Yes No No Met-Con Construction $143,500.00 $1,400.00 Yes Yes Yes JT Egner Construction $120,000.00 $1,000.00 Yes Yes Yes Page 146 of 256 Date: 9/16/2024 Agreement with Great River Greening for Restoration of Ritter Farm Park Pollinator Habitat Phase II Proposed Action Staff recommends adoption of the following motion: Move to approve Cooperative Agreement with Great River Greening for funding assistance with restoring pollinator habitat through woodland enhancement and prairie establishment at Ritter Farm Park (Phase II), City Project 24- 59. Overview Great River Greening (GRG), as a liaison for the City of Lakeville, received $62,500 from the Minnesota Environment and Natural Resources Trust Fund to improve pollinator habitat in Ritter Farm Park. GRG will oversee and implement project activities consistent with the Cooperative Agreement, including a) woodland enhancement and buckthorn management on 1 acre of woodlands; and b) enhancement of 10.50 acres of previously-restored prairie pollinator habitat. The project will result in and align with the Minnesota Polinator and Biodiversity Initiative. The estimated total project cost is $92,500. GRG will reimburse the City $62,500 of the project costs, consistent with the attached Agreement. The City's estimated net cost is $30,000 over three years (annual $10,000 invoices payable in 2025-2027). Supporting Information 1. Cooperative Agreement Financial Impact: $92,500 Budgeted: Yes Source: Utility Fund - Environmental Resources Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Ann Messerschmidt, Environmental Resources Specialist II Page 147 of 256 Pollinator Central IV: Habitat Improvement with Public Engagement 1 GREAT RIVER GREENING COOPERATIVE AGREEMENT THIS AGREEMENT, hereinafter referred to as “Agreement”, is made the 9th of August, 2024, by and between the City of Lakeville, hereinafter referred to as the “City” and/or “Landowner” and GREAT RIVER GREENING, hereinafter referred to as the “GRG”. RECITALS Great River Greening is a non-profit 501 (c)(3) conservation organization based in St. Paul, Minnesota organized for the purpose of restoring natural areas and open spaces through community engagement; and Funding for this project was provided by the Minnesota Environment and Natural Resources Trust Fund (ENRTF) as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR); and Under Minn. Stat. §84.026 the Department of Natural Resources is empowered to enter into grant agreements. Under M.L. 2024, Chapter 83, Sec. 2, Subd. 08e, Pollinator Central IV: Habitat Improvement with Public Engagement, $698,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Great River Greening to partner with municipalities, educational organizations, and volunteers to create and enhance pollinator habitat along public corridors from Lakeville to St. Cloud and to engage youth and the public through education and monitoring the impact of habitat improvements. This appropriation is available until June 30, 2028, by which time the project must be completed and final products delivered. GRG desires to contribute $62,500 towards the partnership project; and The City desires to contribute $30,000 towards the partnership project; and The City seeks to enter into an agreement with GRG for the purpose of detailing partnership contributions and the provision of Technical Services in support of the Ritter Farm Park Phase 2 Restoration project. With GRG contributing funds provided by the from the appropriation to the project, the Landowner is subject to terms as described in Exhibit A. NOW THEREFORE, in consideration of the mutual undertakings and agreement contained within this agreement, the City and GRG hereby agrees as follows: 1. Compensation and Terms of Payment a. Compensation Total Project Costs: $92,500 GRG Contributions (ENRTF): $62,500 City of Lakeville Contributions: $30,000 The Parties agree that GRG will complete or arrange for services to be completed under this Agreement. The cost of such services will be funded by joint contributions of the parties. The City’s contributions/compensation under this agreement shall be paid to GRG on the basis of costs and expenses necessary to complete the project described in Section 3 Scope of Work of this contract, not to exceed $30,000. GRG shall contribute $62,500 match to the City’s contribution over the course of the project. After the City contribution, GRG shall assume fiscal responsibility for all services completed under this agreement. GRG’s financial obligation, as set out above, shall be in accordance with the Pollinator Central IV: Habitat Improvement with Public Engagement 2024 appropriation and may be met through actual payment for services to a third party or calculation of the value, on an hourly basis, for “in-kind” services provided. b. Terms of Payment For the City’s contribution, GRG shall submit invoices on an annual basis to the authorized agent of the City for payment of the annual allocation, as shown in the table below. Payments shall be made within thirty (30) days after receipt of invoices by the authorized agent of the City. June 2025 $10,000 June 2026 $10,000 June 2027 $10,000 Page 148 of 256 Pollinator Central IV: Habitat Improvement With Community Monitoring 2 2. Condition of Payment All services provided by GRG pursuant to this agreement shall be performed to the satisfaction of the City and its authorized agent, and in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. Payment shall be withheld for work found by the City or its authorized agent to be unsatisfactory, or performed in violation of federal, state and local laws, ordinances, rules or regulations. 3. Scope of Services (Project Map can be found in Exhibit B) Ritter Farm Phase 2 Restoration Project GRG agrees to provide the following list of services for the 11.5 acres of understory invasive removal and prairie establishment with encroaching tree removal restoration at Ritter Farm Park: • Project oversight, contract development and travel by GRG Ecologists. • Contracted work including but not limited to: o 1 acre (Area C) buckthorn and black locust removal, follow-up treatment, and reseeding. o 10.5-acre (Area D) prairie preparation, tree removal, planting, and establishment maintenance. • Draft, release, and award public RFB (Request for Bid) and specifications to hire a qualified natural resources service provider to implement prescribed restoration activities. • Planting event recruitment, coordination, and staffing for multiple public planting/seeding community engagement events. • Coordination of supply purchases for plugs and other required materials. • All required state grant administration, yearly auditing, biannual reporting, and required storage of grant related documents for 7 years after completion. The City agrees to provide the following list of services for the Ritter Farm Park Phase 2 Restoration project: • Access to site by GRG or subcontractors. • Coordination and approval of Project activities consistent with the City plans, goals and policies. • Resident notification and signage as appropriate for communication to the public. Note: Pollinator monitoring may occur during this project and would be supported by the larger grant budget, to continue the community education and engagement with this work. GRG agrees to oversee and implement the Project activities as identified in Trust Fund Work Plan over course of implementation. The City agrees to oversee project for consistency with the City plans, goals and policies. All plans, specifications and documents will be shared with the City for documentation of work and for building future staff knowledge. Contracted work plan subject to change from above and will only go forward with prior authorization from the City.  4. Effective Date of Contract This agreement shall be effective on the date the agreement has been fully executed by all parties. 5. Term of Contract This agreement shall remain in effect until December 31st, 2027, or until all obligations set forth in this agreement have been satisfactorily fulfilled or unless earlier terminated as provided, whichever occurs first. 6. Notices The City shall appoint an authorized agent for the purpose of administration of this agreement. GRG is notified of the authorized agent of the City as follows: The City of Lakeville Great River Greening Authorized Contact Authorized Contact Ann Messerschmidt Rebecca Tucker Address Address 20195 Holyoke Avenue Lakeville, MN 55044 251 Starkey Street, Suite 2200 St Paul, MN 55107 Phone Number Phone Number (952) 985-4528 (715) 212-5125 Email Address Email Address amesserschmidt@lakevillemn.gov rtucker@greatrivergreening.org Page 149 of 256 Pollinator Central IV: Habitat Improvement With Community Monitoring 3 7. Partner and State Audit Pursuant to Minn. Stat. Section 16C.05, Subd. 5 (2007), the books, records, documents, and accounting procedures and practices of GRG relative to this agreement shall be subject to examination by the City and the State Auditor. Complete and accurate records of the work performed pursuant to this agreement shall be kept by GRG for a minimum of six (6) years following termination of this agreement for such auditing purposes. The retention period shall be automatically extended during the course of any administrative or judicial action involving the City regarding matters to which the records are relevant. The retention period shall be automatically extended until the administrative or judicial action is finally completed or until the authorized agent of the City notifies GRG in writing that the records need no longer be kept 8. Indemnity GRG agrees to defend, indemnify, and hold the City , its employees and officials harmless from any claims, demands, actions or causes of action, including reasonable attorney’s fees and expenses resulting directly or indirectly from any negligent act or omission on the part of the GRG, or its subcontractors, partners or independent contractors or any of their agents or employees, in the performance of or with relation to any of the work or services to be performed or furnished by the vendor or the subcontractors, partners or independent contractors or any of their agents or employees under the agreement. GRG shall be responsible for the professional quality, technical accuracy, and the coordination of all services furnished by GRG under this agreement. GRG shall, without additional compensation, correct or revise any errors or deficiencies in GRG's final reports and services. 9. Insurance GRG shall not commence work under this agreement until it has obtained, at its own cost and expense, all insurance required herein. a. Workers' Compensation 1) State: Minnesota – Statutory 2) Employer's Liability with minimum limits of: Bodily Injury by Accident: $100,000 each Accident Bodily Injury by Disease: $100,000 each Employee Bodily Injury by Disease: $500,000 policy limit 3) Benefits required by union labor contracts: as applicable In the event GRG is a sole proprietor and has not elected to provide workers' compensation insurance, GRG shall be required to execute and submit an affidavit of sole proprietorship in a form satisfactory to the City before entering into the agreement. b. Commercial General Liability Including Premises, Operations, Products, Completed Operations, Advertising, and Personal Injury Liability, with the following minimum limits of liability: $2,000,000 Aggregate $2,000,000 Products & Completed Operations Aggregate $1,000,000 Personal Injury & Advertising Injury $1,000,000 Occurrence $ 100,000 Fire Damage Limit $ 5,000 Medical Expense Policy should be written on an occurrence basis and include explosion, collapse and underground. c. Commercial Auto Liability Minimum limits of liability shall be: If split limits: $1,000,000 each person/$1,000,000 each occurrence for Bodily Injury $1,000,000 each occurrence for Property Damage If combined single limit: $1,000,000 per occurrence Page 150 of 256 Pollinator Central IV: Habitat Improvement With Community Monitoring 4 10. Subcontracts GRG shall ensure and require that any subcontractor agrees to and complies with all of the terms of this agreement. Any subcontractor of GRG used to perform any portion of this agreement shall report to and bill GRG directly. GRG shall be solely responsible for the breach, performance or nonperformance of any subcontractor. 11. Force Majeure The City and GRG agree that GRG shall not be liable for any delay or inability to perform this agreement, directly or indirectly caused by, or resulting from, strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other cause beyond reasonable control of GRG and the the City. 12. Data Practices GRG, its agents, employees and any subcontractors of GRG, in providing all services hereunder, agree to abide by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as amended, and Minn. Rules promulgated pursuant to Ch. 13. GRG understands that it must comply with these provisions as if it were a government entity. GRG agrees to indemnify and hold the City, its officers, department heads and employees harmless from any claims resulting from the GRG’s unlawful disclosure, failure to disclose or use of data protected under state and federal laws. 13. Termination This agreement may be terminated by either party, with or without cause upon 30 days written notice to GRG or the Authorized Agent of the City. 14. Independent Contractor It is agreed that nothing contained in this agreement is intended or should be construed as creating the relationship of a partnership, joint venture, or association with the City and GRG. GRG is an independent contractor, and it, its employees, agents, subcontractors, and representatives shall not be considered employees, agents or representatives of the City (DNR, City, County, Private landowner). Except as otherwise provided herein, GRG shall maintain, in all respects, its present control over the means and personnel by which this agreement is performed. From any amounts due GRG, there shall be no deduction for federal income tax, FICA payments, state income tax, or for any other purposes which are associated with an employer/employee relationship unless otherwise required by law. Payment of federal income tax, FICA payments, state income tax, unemployment compensation taxes, and other payroll deductions and taxes are the sole responsibility of GRG. 15. Notices Any notices to be given under this agreement shall be given by enclosing the same in a sealed envelope, postage prepaid, and depositing the same with the United States Postal Service, addressed to GRG at its address stated herein, and to the authorized agent of the City at the address stated herein. 16. Controlling Law The laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this agreement, the legal relations between the parties and performance under the agreement. The appropriate venue and jurisdiction for any litigation hereunder will be those courts located within the County or the City, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this contract is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 17. Successors and Assigns The City and GRG, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this agreement. Neither the City nor GRG shall assign, sublet, or transfer any interest in this agreement without the prior written consent of the other. 18. Equal Employment and Americans with Disabilities In connection with the work under this agreement, GRG agrees to comply with the applicable provisions of state and federal equal employment opportunity and nondiscrimination statutes and regulations. Failure on the part of GRG to conduct its own employment practices in accordance with applicable laws may result in the withholding of all or part of regular payments by the City due under this agreement unless or until GRG complies with the Partner policy, and/or suspension or termination of this agreement. 19. Changes The parties agree that no change or modification to this agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dated, and made part of this agreement. The execution of the change shall be authorized and signed in the same manner as for this agreement. Page 151 of 256 Pollinator Central IV: Habitat Improvement With Community Monitoring 5 20. Severability In the event any provision of this agreement shall be held invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties unless such invalidity or non-enforceability would cause the agreement to fail its purpose. One or more waivers by either party of any provision, term, condition or covenant shall not be construed by the other party as a waiver of a subsequent breach of the same by the other party. 21. Entire Agreement It is understood and agreed that the entire agreement of the parties is contained herein and that this agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the City and GRG relating to the subject matter hereof. IN WITNESS WHEREOF, the parties have caused this agreement to be duly executed intending to be bound thereby. CITY OF LAKEVILLE BY: ___________________________ NAME: ___________________________ TITLE: ___________________________ DATE: ___________________________ GREAT RIVER GREENING: BY: ___________________________ NAME: Kateri Routh TITLE: Executive Director DATE: ___________________________ Grant Manager: RT, 8/15/2024 Conservation Director: TR 8/16/24 Director of Finance: GS 8/16/24 Page 152 of 256 Pollinator Central IV: Habitat Improvement With Community Monitoring 6 EXHIBIT A: TERMS OF ‘Pollinator Central IV: Habitat Improvement With Public Engagement’ M.L. 2024 APPROPRIATION Grantee Landowner Great River Greening City of Lakeville Great River Greening is a non-profit 501 (c)(3) conservation organization based in St. Paul, Minnesota organized for the purpose of restoring natural areas and open spaces through community engagement; and Under Minn. Stat. §84.026 the Department of Natural Resources is empowered to enter into grant agreements. Under M.L. 2024, Chapter 83, Sec. 2, Subd. 08e, Pollinator Central IV: Habitat Improvement with Public Engagement, $698,000 the second year is from the trust fund to the commissioner of natural resources for an agreement with Great River Greening to partner with municipalities, educational organizations, and volunteers to create and enhance pollinator habitat along public corridors from Lakeville to St. Cloud and to engage youth and the public through education and monitoring the impact of habitat improvements. This appropriation is available until June 30, 2028, by which time the project must be completed and final products delivered. As a sub-recipient of this funding, the Landowner is subject to the terms below: THIS AGREEMENT is made between Great River Greening (Minnesota Environment and Natural Resources Trust Fund Recipient); and the City of Lakeville (Landowner). 1.0 GENERAL CONDITIONS 1.1 COMPLIANCE The Landowner acknowledges that these funds are proceeds from the State of Minnesota Environment and Natural Resources Trust Fund (hereinafter the "Trust Fund"), which is subject to certain legal restrictions and requirements, including Minnesota Statutes Chapter 116P. The Landowner is responsible for compliance with this and all other relevant state and federal laws and regulations in the fulfillment of the Project. 1.2 ACCESS The Landowner agrees to allow GRG, the Legislative-Citizen Commission on Minnesota Resources (LCCMR), and associates access to the Landowner’s site and Landowner’s activities for evaluation and promotion of the project. Access will be at reasonable times and with sufficient prior notification, and will extend ten (10) years beyond the project completion date. 2.0 PROJECT 2.1 CONTRIBUTIONS GRG’s and Landowner’s contributions must be for actual and direct costs for the Project Work. This Agreement may be modified at any time by mutual written consent of the parties. It may be terminated by either party upon 30 days advance written notice to the other party. However, if the Landowner(s) terminates the Agreement before its expiration, then the Landowner(s) agrees to reimburse the Minnesota Environment and Natural Resources Trust Fund prior to final termination for the pro-rated costs of all habitat restoration projects placed on the described land through this Agreement. For these purposes the total cost of the habitat restoration projects to the Minnesota Environment and Natural Resources Trust Fund are agreed to be $62,500. 2.2 ACKNOWLEDGMENTS The Landowner agrees to acknowledge the Trust Fund’s financial support for this Work in any statement, press release, bid solicitation, project publications, and other public communications and outreach related to the work completed using the Trust Fund appropriation. The acknowledgement will contain the following language and/or logo(s): (Partial) funding for this project was provided by the Minnesota Environment and Natural Resources Trust Fund as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR). Landowner agrees to maintain signs installed by GRG at the project site that includes this logo, and will include it in permanent signage installed by Landowner. 2.3 ECOLOGICAL AND RESTORATION MANAGEMENT PLAN For all restorations conducted with money appropriated under this section, GRG must prepare an ecological restoration and management plan that, to the degree practicable, is consistent with the highest quality conservation and ecological goals for the restoration site. Consideration should be given to soil, geology, topography, and other relevant factors that would provide the best chance for long-term success of the restoration projects. The plan must include the proposed Page 153 of 256 Pollinator Central IV: Habitat Improvement With Community Monitoring 7 timetable for implementing the restoration, including site preparation, establishment of diverse plant species native to Minnesota, maintenance, and additional enhancement to establish the restoration; identify long-term maintenance and management needs of the restoration and how the maintenance, management, and enhancement will be financed; and take advantage of the best available science and include innovative techniques to achieve the best restoration. The plan and its implementation will follow the current version of Minnesota Board of Water & Soil Resources Native Vegetation Establishment and Enhancement Guidelines (https://bwsr.state.mn.us/sites/default/files/2019- 07/Updated%20guidelines%20Final%2007-01-19.pdf January 2019 version). 2.4 RESTORATION EVALUATION GRG must provide an initial restoration evaluation to LCCMR at the completion of the appropriation and an evaluation three years beyond the completion of the expenditure. Restorations must be evaluated relative to the stated goals and standards in the restoration plan, current science, and, when applicable, the Minnesota Board of Water & Soil Resources Native Vegetation Establishment and Enhancement Guidelines. The evaluation shall determine whether the restorations are meeting planned goals, identify any problems with the implementation of the restorations, and, if necessary, give recommendations on improving restorations. The evaluation shall be focused on improving future restorations. 2.5 LONG TERM RESTORATION The Landowner acknowledges the long term maintenance and enhancement needs of the restoration process to achieve restoration goals. The Landowner agrees to maintain restoration for a minimum of 10 years. The Recipient agrees to make reasonable good faith effort to significantly contribute to the successful maintenance of the project. If the Landowner(s) should fail to maintain the habitat restoration for 10 years, then the Landowner(s) agrees to reimburse the Minnesota Environment and Natural Resources Trust Fund for the pro-rated costs of all habitat restoration projects placed on the described land through this Agreement. 2.6 PROTECTED LAND Landowner testifies that the restoration project is on land permanently protected by a conservation easement or public ownership or in public waters as defined in Minnesota Statutes, section 103G.005, subdivision 15; and will provide reasonable written documentation of such protection. 2.7 CONTRACTING Landowner understands that GRG must give consideration to Conservation Corps Minnesota and Iowa or its successor for sub-contract restoration and enhancement services. 2.8 RESTORATION AND ENHANCEMENT GUIDELINES Recipient and Landowner practices shall comply in every respect with: DNR Pollinator Best Management Practices and Habitat Restoration Guidelines (http://files.dnr.state.mn.us/natural_resources/npc/2014_draft_pollinator_bmp_guidelines.pdf); and Minnesota Board of Water & Soil Resources’ Native Vegetation Establishment and Enhancement Guidelines (https://bwsr.state.mn.us/sites/default/files/2019-07/Updated%20guidelines%20Final%2007-01-19.pdf January 2019 version) MN-DNR Operational Order #113 Invasive Species (http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_113.pdf) MN-DNR Operational Order #59 Pesticide and Pest Control (http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/oporder_59.pdf); MN-DNR Division of Fish and Wildlife Pest and Pest Control Guidelines (http://files.dnr.state.mn.us/assistance/grants/habitat/heritage/faw_pest.pdf); These guidelines apply to planning and implementation. Page 154 of 256 Pollinator Central IV: Habitat Improvement With Community Monitoring 8 EXHIBIT B: PROJECT MAP Page 155 of 256 Date: 9/16/2024 Approve the Resolution Amending the 2024 Budgets Proposed Action Staff recommends adoption of the following motion: Move to Approve the Resolution Amending the 2024 Budgets Overview Various events have transpired during the year which require an adjustment to the 2024 General Fund budget. Various amendments are approved by the City Council during the year. Approval of this resolution authorizes the amendment of the budget to align with Government Finance Officers Association reporting requirements per the City’s audit firm. There is no net impact to the General Fund. Detailed explanations for the adjustments are included as part of the exhibit to the resolution. Other funds: Council has approved various amendments to funds throughout 2024 relating to new construction/improvement or other projects. A separate list is included for additional transfers needed for funds not presented above. January 1, 2024 fund balances: The budgeted January 1, 2024 fund balance for all funds was adopted based on estimates from the prior year. The beginning fund balances for all funds are amended to the actual fund balance on January 1, 2024. January 1, 2024 net position (Enterprise/Internal Service Funds): The budgeted January 1, 2024 net position for all Enterprise and Internal Service funds was adopted based on estimates from the prior year. The beginning net position for all funds are amended to the actual net position on January 1, 2024. Supporting Information 1. Resolution Amending 2024 Budgets 2. Exhibit A - 2024 Budget Amendments Financial Impact: $ see attached Budgeted: No Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 156 of 256 Page 157 of 256 CITY OF LAKEVILLE RESOLUTION NO. ________ Resolution Amending the 2024 Budgets BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota as follows: 1. The 2024 budget for the General Fund is hereby amended for the fiscal year ending December 31, 2024 as per Exhibit A, as attached hereto. 2. The 2024 budgets for construction/improvement or other projects are hereby amended for the fiscal years ending December 31, 2024 as per Exhibit A, as attached hereto. 3. The 2024 budgets for all funds are hereby amended to reflect the actual January 1, 2024 fund balance. ADOPTED by the Lakeville City Council this 16th day of September 2024. ________________________________ Luke M. Hellier, Mayor ________________________________ Ann Orlofsky, City Clerk Page 158 of 256 Exhibit A (1) A)Expenditures: Capital Outlay - General government, BU 4100 20,003 Revenues: Fund balance 20,003 (2) A)Expenditures: Fund balance 30,908 Revenues: Intergovernmental Revenues-5300.4235 30,908 (3) A)Transfer Out (CPF, Park Bonds Fund BU 4704 Antlers Park 2022C bond proceeds)1,276,203 Transfer In (CPF, Park Bonds Fund BU 4721 Grand Prairie Park 2022C bond proceeds)1,276,203 B)Transfer Out (CPF, Park Bonds Fund BU 4704 Antlers Park 2022C bond proceeds)1,133,383 Transfer In (CPF, Park Bonds Fund BU 4705/4711 Trail Gaps 2022C bond proceeds)1,133,383 C)Transfer Out (CPF, Park Bonds Fund BU 4705/4711 Trail Gaps 2023A bond proceeds)1,133,383 Transfer In (CPF, Park Bonds Fund BU 4721 Grand Prairie Park 2023A bond proceeds)1,133,383 D)Transfer Out (CPF, Park Bonds Fund BU 4706/4712 Ritter Farm ELC, 2023A bond proceeds) 1,789 Transfer In (CPF, Park Bonds Fund BU 4721 Grand Prairie Park 2023A bond proceeds)1,789 (4) A)Transfer Out (CPF, Improvement Construction Fund BU 6585, Project 22-02, 2022C bond proceeds) 14,128 Transfer In (CPF, Improvement Construction Fund BU 6595, Project 24-02, 2022C bond proceeds) 14,128 B)Transfer Out (CPF, Improvement Construction Fund BU 6586, Project 22-03, 2022C bond proceeds) 361,914 Transfer In (CPF, Improvement Construction Fund BU 6595, Project 24-02, 2022C bond proceeds) 361,714 Pavement Management Fund- Large Cities TAA State Aid Funds Amend the Pavement Management Fund budget to include the amount received from the State in July 2024 for transportation assistance. Staff intends to use the funds on pedestrian crossing safety improvements and other road maintenance projects. Equipment Fund- Electronic Poll Pads Amend the Equipment Fund budget to include the amount paid to the County in 2024 for replacement of electronic poll pads used for elections. Park Referendum Bonds transfer between projects Amend the Park Bonds Fund budgets for transfers between Park Bond Funds to reflect the timing of bond spend down. Due to arbitrage requirements, there is a deadline for spending the bonds, and therefore, it is in the best interest of the City to spend the bond proceeds received earliest before the proceeds received later, despite which of the park referendum projects the bonds were originally allocated. 2022C bond proceeds transfer between street projects Amend the Improvement Construction Fund budgets for transfers between 24-02 and 22-02 and 22-03 to reflect the timing of bond spend down. Due to arbitrage requirements, there is a deadline for spending the bonds, and therefore, it is in the best interest of the City to spend the bond proceeds received earliest before the proceeds received later, despite which of the street projects the bonds were originally allocated. 2022C bonds will be spent first on the 2024 street reconstruction project, and if additional costs are incurred on projects 22-02 and 22-03, 2024A bonds will be spent to complete those projects. The transfers of 2024A bonds will ONLY occur up to the actual costs incurred on 22-02 and 22-03 during 2024, which is not expected to exceed the amounts below. Page 159 of 256 Exhibit A C)Transfer Out (CPF, Improvement Construction Fund BU 6595, Project 24-02, 2024A bond proceeds) 361,914 Transfer In (CPF, Improvement Construction Fund BU 6590, Project 22-03, 2024A bond proceeds) 361,714 D)Transfer Out (CPF, Improvement Construction Fund BU 6595, Project 24-02, 2024A bond proceeds) 14,128 Transfer In (CPF, Improvement Construction Fund BU 6585, Project 22-02, 2024A bond proceeds) 14,128 (5) 2024 Budgets as adopted include the following transfers IN to General Fund: FROM SPECIAL REVENUE FUNDS 86,493 FROM LIQUOR FUNDS 184,626 FROM UTILITY FUNDS 665,886 FROM INTERNAL SERVICE FUNDS 30,000 967,005 Amounts above that will be shifted to cost allocations into the following funds: Expenditures* General Fund Information Systems Support- Personnel/Commodities/Other contractual (172,890) General Fund Human Resources Support - Personnel/Commodities/Other contractual (201,768) General Fund General Gov't Facilities - Personnel/Commodities/Other contractual (104,474) General Fund City Administration Support - Personnel/Commodities/Other contractual (77,902) General Fund City Council Support - Personnel/Commodities/Other contractual (6,945) General Fund Finance Insurance Admin- Personnel (30,000) General Fund Engineering Support- Personnel/Commodities/Other contractual (33,651) General Fund GIS Support- Personnel/Commodities/Other contractual (196,710) General Fund Street Support- Personnel/Commodities/Other contractual (142,665) (967,005) *Amounts are summarized here and will be recorded to various expenditure accounts based on cost type. Remove transfers IN to General Fund FROM SPECIAL REVENUE FUNDS (86,493) FROM LIQUOR FUNDS (184,626) FROM UTILITY FUNDS (665,886) FROM INTERNAL SERVICE FUNDS (30,000) (967,005) Expenditures: Liquor Fund- Payment in lieu of taxes (property tax expense)54,410 Revenues: General Fund- 1000.4350 (Charges for services)54,410 (6) Expenditures: Finance (28,158) Revenues: From Utility Funds (28,158) Reclassification of intra-entity cash flows The adopted 2024 budgets include transfers into the General Fund from Enterprise and Special Revenue Funds for services provided by General Fund departments (IT support, HR support, City Hall building overhead, other General Fund department staff support). Recent clarification from GFOA (Government Finance Officers Association) indicates that these internal resource flows should be recorded as cost allocations instead of transfers. This change results in NO net impact to the General Fund, however, Staff needs a formal budget amendment for 2024 to correct the presentation. The amounts by fund are listed below. Remove transfer from Utility funds for ERP as this will be recorded as a cost allocation out of the General Fund instead. No net impact to the General Fund. Page 160 of 256 Date: 9/16/2024 Assignment and Assumption of Development Contract KTJ First Addition Proposed Action Staff recommends adoption of the following motion: Move to approve the assignment of development contract for Lot 1, Block 1, KTJ First Addition. Overview Representatives of KTJ 388, LLC, owner of Lot 1, Block 1, KTJ First Addition located at 21601 Galway Lane, have requested the assignment of development contract to Stagg Industrial Holdings, LLC. The City Council approved the final plat and development contracts for KTJ First Addition on October 3, 2022. The building has been constructed and is occupied by Sweet Harvest Foods. City staff and the City Attorney have reviewed and accepted the attached assignment document prepared by the requesting party’s attorney. Adoption of this motion will allow the assignment of development contract of Lot 1, Block 1, KTJ First Addition as described. Supporting Information 1. Signed Assignment and Assumption of Development Contract 2. Location Map Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, AICP, Associate Planner Page 161 of 256 1 232310v7 ASSIGNMENT AND ASSUMPTION OF DEVELOPMENT CONTRACT This Assignment and Assumption of Development Contract (this “Assignment Agreement”) is made and entered into as of September___, 2024, by, between and among the City of Lakeville, a Minnesota municipal corporation (“City”), KTJ 388, LLC, a Minnesota limited liability company (“Assignor”) and STAG Industrial Holdings, LLC, a Delaware limited liability company (“Assignee”). RECITALS A. Assignor and the City entered into that certain Development Contract for KTJ First Addition dated October 3, 2022 and filed May 31, 2023 with the Office of the County Recorder, Dakota County, Minnesota, as Document No. 3589285 (the “Development Contract”) affecting the plat of KTJ First Addition. B. Assignor and Assignee are parties to a certain Agreement of Sale and Purchase dated as of ______, 2024 by which Assignee will acquire from Assignor the property legally described as Lot 1, Block 1, KTJ First Addition, Dakota County, Minnesota according to the recorded plat thereof (the “Property”). C. In connection with the acquisition of the Property, Assignor has requested the Development Contract be assigned to Assignee and Assignee has requested to assume the rights and obligations of the Development Contract. D. Paragraph 38L of the Development Contract prohibits Assignor from assigning the Development Contract without written permission from the City. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties do hereby agree as follows: 1. Assignment and Assumption. Assignor hereby assigns, sells, transfers and sets over to Assignee all of Assignor’s right, title, benefit, privileges, interest, obligations, and duties in and to the Development Contract. Assignee hereby accepts the assignment of the Development Contract and agrees to observe and perform all remaining development obligations to be observed and performed under or in connection with the Development Contract (collectively, the “Remaining Obligations”). The City hereby acknowledges and agrees that the only Remaining Obligations are maintenance of replaced landscaping until Summer of 2025 with security to be maintained for such replaced landscaping and the obligation to repay the City for 33% of the total project costs for City Project No. 22-24 that exceed the assessed amounts for the Project as further delineated in Paragraph 32B of the Development Contract. The Assignee shall remain subject to all terms of the Development Contract until such time as the Certificate of Completion is issued or the Development Contract is released by the City. Assignee shall be the “Developer” for purposes of the Development Contract. 2. Binding Effect. Assignee agrees to be bound by the Development Contract to the same extent as if it had been the original party to the Development Contract. Assignee shall be Page 162 of 256 2 232310v7 responsible to the City for all work previously performed by Assignor under the Development Contract. 3. Letter of Credit. Assignee agrees to post a replacement letter of credit with the City in the amount of $25,000.00 meeting the requirements of the Development Contract (“STAG LOC”). 4. Cash Escrows and Unpaid Bills. There are no cash escrows retained by the City for remaining work by Assignor and no additional cash escrows are required. The City hereby acknowledges and agrees that as of the date hereof, there are no unpaid bills or obligations of Assignor that are currently due. 5. Notices. Required notices to Assignee for purposes of Paragraph 39 of the Development Contract shall be in writing and shall be either hand delivered to the Assignee, its employees or agents, or mailed to Assignee by certified mail at the following address: STAG Industrial Holdings, LLC One Federal Street 23rd Floor Boston, MA 02110 Attn: Seth Malamut Email: smalamut@stagindustrial.com 6. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns. 7. Further Actions. Each of the parties hereto covenants and agrees, at its own expense, to execute and deliver, at the request of the other party hereto, such further instruments of transfer and assignment and to take such other action as such other party may reasonably request to more effectively consummate the assignments and assumptions contemplated by this Assignment Agreement. 8. Counterparts. This Assignment Agreement may be executed in one or more counterparts, each of which constitutes an original, and all of which, collectively, constitutes one agreement. The signatures of all parties need not appear on the same counterpart and any counterpart signature pages, to the extent signed and delivered by means of a facsimile machine or other electronic means, including transmission of .pdf copies by electronic mail, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person 9. Governing Law. This Assignment Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 10. Effective Date. This Assignment shall be effective on the later of the following (the “Effective Date”): (i) the date Assignee acquires the Property; (ii) City receipt of the certificates of insurance required under the Development Contract; and (iii) City receipt of the STAG LOC as required under the Development Contract. Page 163 of 256 3 232310v7 11. Recording. This Assignment Agreement may be recorded against the Property and is binding upon the parties, their successors and assigns. 12. Mutual Indemnification. Assignor shall indemnify and hold Assignee harmless from and against any and all damages, claims, liabilities, costs (including reasonable attorney’s fees), expenses and causes of action which may arise and accrue from or under the Development Contract and that are attributable to periods of time prior to the Effective Date hereof, regardless of when same are discovered or asserted. Assignee shall indemnify and hold Assignor harmless from and against any and all damages, claims, liabilities, costs (including reasonable attorney’s fees), expenses and causes of action which may arise and accrue from or under the Development Contract and that are attributable to periods of time on or after the Effective Date hereof, regardless of when same are discovered or asserted. [Remainder of page intentionally left blank] [Signatures appear on the following page.] Page 164 of 256 4 232310v7 IN WITNESS WHEREOF, the parties hereto have each executed the foregoing Assignment and Assumption of Development Contract on the day set forth on the first page of this document. 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 September, 2024, by Luke M. Hellier and by Ann Orlofsky, respectively 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 165 of 256 Page 166 of 256 Page 167 of 256 21601 Galway Lane Page 168 of 256 Date: 9/16/2024 No Parking Resolution for Irenic Avenue Proposed Action Staff recommends adoption of the following motion: Move to approve a No Parking resolution on the north side of Irenic Avenue from Irvine Trail to Ipava Avenue. Overview Irenic Avenue is the closest street to the Century Middled School parking lot. When Century Middle School has large events and the parking lot is full Irenic Avenue is the first place patrons tend to park. Parking has taken place on both sides of Irenic Avenue making access to the neighborhood difficult. This can be a safety problem for first responders. The City has encouraged the water treatment plant parking lot be used as overflow parking. It is recommended the north side of Irenic Avenue be posted for no parking from Ipava Avenue to Irvine Trail to help with public safety concerns. Staff has talked to all three property owners on the north side of Irenic Avenue and they do not object to posting no parking in front of their lot. Staff recommends the City Council adopt a No Parking resolution for Irenic Avenue as shown on the attached exhibit. Supporting Information 1. Irenic Avenue No Parking Exhibit 2. Resolution - No Parking Resolution on Irenic Avenue Financial Impact: $500 Budgeted: Yes Source: Streets Division Sign budget Envision Lakeville Community Values: Safety throughout the community Report Completed by: Paul Oehme, Public Works Director Page 169 of 256 Page 170 of 256 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Approving No Parking on Irenic Avenue WHEREAS, Irenic Avenue is the closest street to the Century Middled School parking lot.; and WHEREAS, When Century Middle School has large events and the parking lot is full Irenic Avenue is the first place patrons tend to park.; and WHEREAS, Parking on both sides of Irenic Avenue can be a safety problem for first responders; and NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council no parking is established on the north side of Irenic Avenue from Irvine Trail to Ipava Avenue. ADOPTED by the Lakeville City Council this 16th day of September 2024 CITY OF LAKEVILLE ______________________________ Luke M. Hellier, Mayor ATTEST: _________________________________ Ann Orlofsky, City Clerk Page 171 of 256 Date: 9/16/2024 Resolution Amending the Fee Schedule Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution amending the Fee Schedule Overview The city is considering ordinances to include cannabis businesses in the zoning ordinance. Registration for these businesses is required by the City. Title 3, Chapter 24 will include requirements for registration, including fees. Proposed fees are as follows, consistent with Minnesota Statutes, section 342.11. Cannabis Registration: Initial Registration and first renewal: $500.00 Second and subsequent renewal: $1000.00 Temporary Cannabis Event: $300.00 per event Supporting Information 1. Resolution for Fees Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Tina Goodroad, Community Development Director Page 172 of 256 CITY OF LAKEVILLE RESOLUTION NO._____ Resolution Amending the 2024 Fee Schedule BE IT RESOLVED that the 2024 Fee Schedule is hereby amended effective September 16, 2024 to reflect fees for Cannabis Businesses: Cannabis Registration: Initial Registration and first renewal: $500.00 Second and subsequent renewal: $1000.00 Temporary Cannabis Event: $300.00 per event ADOPTED by the Lakeville City Council this 16th day of September 2024. _________________________________ Luke M. Hellier, Mayor ________________________________ Ann Orlofsky, City Clerk Page 173 of 256 Date: 9/16/2024 Ritter Meadows Second Addition Revised Preliminary Plat Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Ritter Meadows Second Addition revised preliminary plat. Overview TCLD LF3 Ritter, LLC have submitted a revised preliminary plat for Ritter Meadows Second Addition, which proposes to add eight (8) attached townhome units to the existing approved 255 dwelling units consisting of 29 single family lots, 99 detached townhome (villa) lots, and 127 attached townhome lots on land located north of 205th Street and west of I-35. The original Ritter Meadows preliminary plat was approved by the City Council on May 1, 2023 and a revision to the preliminary plat to incorporate a 2.4 acre parcel was approved by the City Council on January 16, 2024. The Ritter Meadows final plat included 80 attached townhomes and 19 detached townhomes as the first phase of development was approved by the City Council on May 20, 2024. The Planning Commission held a public hearing on the revised preliminary plat at their September 5, 2024 meeting and unanimously recommended approval. There was no public comment. The Developer has submitted revised preliminary plat plans to satisfy stipulation #6 of the August 30, 2024. The updated revised preliminary plat is attached. Supporting Information 1. Preliminary Plat Resolution 2. Ritter Meadows Second Addition revised preliminary plat 3. September 5, 2024 draft Planning Commission minutes 4. August 30, 2024 Planning report and exhibits 5. August 30, 2024 Engineering report Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 174 of 256 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-_____ RESOLUTION APPROVING THE RITTER MEADOWS SECOND ADDITION REVISED PRELIMINARY PLAT WHEREAS, TCLD LF3 Ritter, LLC (Twin Cities Land Development) has requested approval of a revised preliminary plat of 29 single family lots, 99 detached townhome (villa) lots, and 135 attached townhome lots to be known as RITTER MEADOWS SECOND ADDITION; and WHEREAS, the property is legally described is: Outlot D and Outlot E, Ritter Meadows WHEREAS, the Planning Commission conducted a public hearing on the Ritter Meadows Second Addition revised preliminary plat application at their meeting on September 5, 2024 preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak; and WHEREAS, the Planning Commission recommended approval of the revised preliminary plat; and WHEREAS, the revised preliminary plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council that the revised RITTER MEADOWS SECOND ADDITION preliminary plat is approved subject to the following conditions: 1. The Ritter Meadows 2nd Addition preliminary plat is subject to the preliminary plat report stipulations approved by the City Council on May 1, 2023 and January 16, 2024. 2. Implementation of the recommendations listed in the August 30, 2024 engineering report. 3. Keynote Loop shall be posted no parking on both sides of the street. 4. Park dedication shall be collected at the time of final plat. 5. An HOA must be established for the ownership and maintenance of the common area lots as well as the exterior maintenance of the attached townhome units. ADOPTED by the City Council of the City of Lakeville this 16th day of September 2024. Page 175 of 256 2 CITY OF LAKEVILLE Luke M. Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 176 of 256 KERKHOVE N W A Y KETTLE PASS 202N D S T. 202ND ST. 202ND ST.KEYSTONE KEYSTONE COURTKEYSTONE AVEUNUEKEYSTONE AVENUEKEYSTONE AVENUEKEYNOTE LOOP KEYNOTE LOOP203RD ST. 203 R D S T .KEOKUK AVE.KEOKUK AVE.KEOKUK AVE.KEOKUK AVE.200TH ST. PARK (2.84 AC)AVENUEOPEN CHANNEL DITCH FOR OFFSITE FLOWKERKHOVEN WAY200TH ST.KEOKUK AVE.12345678910111213161565432 129303132333435364647484950 51 52 53 54555657 2 1 2 3 4 5 7 8 9 1 234567 8 9 10 11 12 13 6 5 4 3 3231302928 272625242322212019181716151413121110987 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2 3 4 5 12 11 3 4 5 6 10 9 1 33 6 1 2 3 4 5 6 7 8 6 7 8 9 10 11 12 131415 1 2BLOCK 2BLOCK 1 BLOCK 2BLOCK 3BLOCK 3BLOCK 3BLOCK 4 BLOC K 5 BLOCK 6BLOCK 7OUTLOT A OUTLOT B 34 33 85 33 OUTLOT A BLOCK 8 BLOCK 7 63 64 65 49 2423 71 72 75 30 57 58 59 60 61 62 38 39404142434445465152535456 31 33 34 35 36 48 8 9 10 11 12 13 14 15 16 17 19 20 21 22 37 2928272625 73 74 32 4750 55 18 7 68 69 706667 OUTLOT G 76 1 OUTLOT C 58 5858 14 BLO C K 6 34 58 16 OUTLOT C 454443 37 3839404142 10 11 12 13 14 15 16 1718192021222324252627287891011121314OUTLOT E 77 78 79 80 81 82 83 84 OUT LOT F VIEW A VIEW B VIEW C VIEW D 11RITTER MEADOWS PRELIMINARY PLAT SUBMITTAL SITE PLAN OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONSITE PLAN NOTES:LEGEND: Page 177 of 256 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES September 5, 2024 Chair Majorowicz called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. Members Present: Chair Jenna Majorowicz, Vice Chair Christine Zimmer, Scott Einck, Pat Kaluza, Amanda Tinsley, Jason Swenson, Patty Zuzek Members Absent: None Staff Present: Tina Goodroad, Community Development Director; Kris Jenson, Planning Manager; Frank Dempsey, Associate Planner; Jon Nelson, Assistant City Engineer; Tina Morrow, Recording Secretary 3. Approval of the Meeting Minutes The August 22, 2024 Planning Commission meeting minutes and the August 22, 2024 Planning Commission work session minutes were approved as amended. 4. Announcements Planning Manager Kris Jenson stated that the following were distributed to the Planning Commission at tonight’s meeting: • Agenda Item 5a, Ritter Meadows Second Addition revised stipulation #6 in the August 30, 2024 planning report. • Agenda Item 5b, Lord of Life Lutheran Church, revised Finding of Facts added to the August 29, 2024 planning report at the recommendation of the City Attorney. 5a. Ritter Meadows Second Addition Chair Majorowicz opened the public hearing to consider the application of TCLD LF3 Ritter, LLC for a revised preliminary plat of 29 single family lots, 99 detached townhome lots, and 135 attached townhome units to be known as Ritter Meadows Second Addition, located north of 205th Street and west of I-35. Christine Cook, Development Manager at Twin Cities Land Development presented a brief overview of the project. Planning Manager Kris Jenson presented the planning report. Ms. Jenson stated that the developer has submitted a revised preliminary plat to be known as Ritter Meadows Second Addition, which proposes to add eight (8) attached townhome units to the existing 255 dwelling units approved for Page 178 of 256 Planning Commission Meeting Minutes, September 5, 2024 Page 2 the site. Because there are no changes to the remainder of the previously approved preliminary plat, the Planning report only addressed the eight additional attached townhome units. Ms. Jenson mentioned the setbacks, exterior materials, landscaping, and HOA for the attached townhome units, which is outlined in the August 30, 2024 planning report. Community Development Department staff recommends approval of the Ritter Meadows Second Addition revised preliminary plat, subject to the six stipulations listed in the August 30, 2024 planning report. Chair Majorowicz opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Kaluza, seconded by Einck to close the public hearing at 6:10 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Majorowicz asked for comments from the Planning Commission. Discussion point included: • Stipulation #6 will be voted on by the Planning Commissioners as amended. Motion was made by Kaluza, seconded by Swenson to recommends approval of the revised Ritter Meadows Second Addition preliminary plat subject to the following stipulations, as amended. 1. The Ritter Meadows Second Addition preliminary plat is subject to the preliminary plat report stipulations approved by the City Council on May 1, 2023 and January 16, 2024. 2. Implementation of the recommendations listed in the August 30, 2024 engineering report. 3. Keynote Loop shall be posted no parking on both sides of the street. 4. Park dedication shall be collected at the time of final plat. 5. An HOA must be established for the ownership and maintenance of the common area lots as well as the exterior maintenance of the attached townhome units. 6. Prior to City Council consideration of the preliminary plat, the development plan for the attached townhome units that front on Keynote Loop must be revised to reflect the required 30-foot front yard building setback to the back of the curb of the private drive and the attached townhome units 77-84 have a minimum 20’rear yard setback to Keokuk Avenue. Ayes: Zuzek, Kaluza, Tinsley, Majorowicz, Zimmer, Einck, Swenson Nays: 0 Page 179 of 256 City of Lakeville Community Development Dept Memorandum To: Planning Commission From: Kris Jenson, Planning Manager Date: August 30, 2024 Subject: Packet Material for the September 5, 2024 Planning Commission Meeting Agenda Item: Ritter Meadows 2nd Addition Preliminary Plat INTRODUCTION TCLD LF3 Ritter, LLC has submitted a revised preliminary plat to be known as Ritter Meadows 2nd Addition, which proposes to add eight (8) attached townhome units to the existing 255 dwelling units approved for the site, which consisted of 29 single family lots, 99 detached (villa) lots, and 127 attached townhome lots on land located north of 205th Street and west of I-35. The original Ritter Meadows preliminary plat was approved by the City Council on May 1, 2023, and a revision to the preliminary plat to incorporate a 2.4 acre parcel that would allow the full extension of Keokuk Avenue north from 205th Street, was approved by the City Council on January 16, 2024. The Ritter Meadows final plat, which platted 80 attached townhomes and 19 detached townhomes as the first phase of development was approved by the City Council on May 20, 2024. Because there are no changes to the remainder of the previously approved preliminary plat, this report will only address the eight attached townhome units. EXHIBITS A. Location Map B. Zoning Map C. Preliminary Plat approved 5/1/23 D. Revised Preliminary Plat approved 1/16/24 E. 2nd Addition Preliminary Plat F. Revised Site Plan G. Revised Phasing Plan H. Revised Grading Plan I. Revised Landscape Plan Page 180 of 256 PLANNING ANALYSIS Zoning. The zoning of the parcel to be developed is RM-1, Medium Density Residential District. Attached townhomes, up to six units in a row, are a permitted use in the RM-1 District. Lot Requirements. The following minimum requirements for townhome building setbacks in the RM-1 District pertain to the Ritter Meadows 2nd Addition preliminary plat: Base Lot Between Buildings Front Yard (to private drive) RM-1 30 feet 20 feet 30 feet The unit lots shown on the Ritter Meadows 2nd Addition preliminary plat have sufficient area to accommodate the attached townhome units. There was an error in the Planning staff report for the original preliminary plat that stated incorrectly that the attached townhome units that front on the private drive needed a 25-foot setback to the back of curb. Section 11-58-17.B.3.b requires a setback of 30 feet for townhomes on a private drive within the RM-1 District. The preliminary plat plans will need to be updated to reflect this setback prior to City Council consideration of the revised preliminary plat. The RM-1 District requires at least 5,000 square feet per unit. The revised preliminary plat now has 135 attached townhome units, with an average of 7,028 square feet per unit, which exceeds the minimum lot area per unit requirements of the RM-1 District. Homeowner’s Association. The Developer is required to establish a Homeowner’s Association (HOA) for the exterior maintenance of the attached townhome units, as well as the ownership and maintenance of all common area lots. Documents establishing the HOA must be submitted for review by the City Attorney, as well as proof of the recording of HOA documents, including that common area lots have been deeded to the HOA, must be provided prior to the release of building permits for the townhome units. Development Density. The area guided for medium density residential (MDR) includes the attached townhome area of the Ritter Meadows 2nd Addition revised preliminary plat as well as a portion of the detached townhomes. The MDR area has 23.17 acres (excluding the public stormwater ponds and park) and includes 135 attached townhome lots and 29 detached townhome lots., which is a net density of 7.08 units per acre. Exterior Materials. Each unit must meet the requirements of Section 11-58-21.B.3, which requires that a minimum of 25% of the area of each elevation of the unit must have an exterior finish of brick, stucco, and/or natural or artificial stone. Except for brick, stucco, and/or natural or artificial stone, no single elevation may have more than 75% of one type of finish or have more than 60% of all elevations of one type of finish. The City has deemed the use of cement fiberboard or engineered wood siding as satisfying the minimum masonry material requirement and is therefore also allowed to exceed the maximum area limit for non-masonry materials. Page 181 of 256 Garage Area. The added townhome units are proposed to be slab on grade units. The minimum width of each garage must be 20 feet (interior measurement) and have a minimum garage size of 540 square feet, to comply with the requirements of Section 11-58-21.C. Landscaping. The Developer has submitted a revised landscape plan to reflect the additional eight townhome units (Exhibit I). Each townhome building must provide landscaping at the immediate perimeter of the unit. All landscaped areas, including common open space and public right of way, must have an inground irrigation system with an automatic controller. Streets. The additional units will have access from Keynote Loop, a private drive serving the attached townhome units. Keynote Loop is a 24-foot wide street and shall be posted as no parking on both sides of the street. Grading, Drainage, Erosion Control, and Utilities. Proposed grading, drainage, erosion control, and utilities for the Ritter Meadows 2nd Addition preliminary plat is shown on the grading, drainage and erosion control and utility plans. All existing and new local utilities shall be placed underground. Grading, drainage, erosion control, and utilities details are outlined in the August 30, 2024 engineering report prepared by Jon Nelson, Assistant City Engineer. The Engineering Division recommends approval of the revised preliminary plat. Park Dedication. Public park land was deeded to the City with the Ritter Meadows final plat. Additional required park dedication will be satisfied through park dedication fees to be paid with the final plat. RECOMMENDATION The revised Ritter Meadows 2nd Addition preliminary plat increases the number of attached townhome units proposed to be developed with little to no impact on the planned and approved street and utility system. The Community Development Department recommends approval of the Ritter Meadows 2nd Addition preliminary plat subject to the following stipulations: 1. The Rittter Meadows 2nd Addition preliminary plat is subject to the preliminary plat report stipulations approved by the City Council on May 1, 2023 and January 16, 2024. 2. Implementation of the recommendations listed in the August 30, 2024 engineering report. 3. Keynote Loop shall be posted no parking on both sides of the street. 4. Park dedication shall be collected at the time of final plat. 5. An HOA must be established for the ownership and maintenance of the common area lots as well as the exterior maintenance of the attached townhome units. 6. Prior to City Council consideration of the preliminary plat, the site plan for the attached townhome units that front on Keynote Loop must be revised to reflect the required 30-foot front yard building setback to the back of the curb of the private drive. Page 182 of 256 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community Ritter Meadows 2nd Addition Preliminary Plat area KENRICK AVE205TH ST KEOKUK AVE207TH STKEYSTONE AVECity of Lakeville Location Map Ritter Meadows 2nd Preliminary Plat EXHIBIT A Page 183 of 256 Ritter Meadows 2nd Addition Preliminary Plat area KENRICK AVE205TH ST KEOKUK AVE207TH STKEYSTONE AVERM-1 C-3 RST-2 RH-2 C-3 C-3 RM-2 RM-2 RM-2 RM-2 RST-2 RST-2 RST-2 RS-3 PUD PUD RA P/OS City of Lakeville Location Map Ritter Meadows 2nd Preliminary Plat C-3 M-1 EXHIBIT B Page 184 of 256 123456789101112133212 1 6 5 4 3 2 1 29303132 33 34 35 3646 47 48 49 50 51 52 53 54555657 2 1 2 3 4 5 7 8 9 1234567 8 9 10 11 12 13 6 5 4 3 3231302928 272625242322212019181716151413121110987 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2 3 4 5 12 11 3 4 5 6 10 9 1 33 6 1 2 3 4 5 6 7 8 6 7 8 9 10 11 12131415 1 2BLOCK 2BLOCK 1 BLOCK 4BLOCK 3 BLOCK 5BLOCK 5BLOCK 5BLOCK 6 BLOCK 7 BLOCK 8BLOCK 9KESOTA LAN E KINGSLEY LANE 204T H S T N W 204TH ST NW 204TH ST NW KEYSTONE KEYSTONE COURTKEYSTONE AVEUNUEKEYSTONE AVENUEKEYSTONE AVENUEKALLY RIDGE WAY KALLY RIDGE WAYKRISTINE DRIVE KRI S T I N E D R I V E KEOKUK AVE.KEOKUK AVE.KEOKUK AVE.KEOKUK AVE.203RD ST NW203RD ST NW KEATS AVENUE OUTLOT A OUTLOT B 34 33 77 33 OUTLOT A BLOCK 10 BLOCK 9 63 64 65 49 2423 71 72 75 30 57 58 59 60 61 62 38 39404142434445465152535456 31 33 34 35 36 48 8 9 10 11 12 13 14 15 16 17 19 20 21 22 37 2928272625 73 74 32 475055 187 68 69 706667 77 BLOCK 10 76 KRI S T I N E D R I V E OUTLOT D OUTLOT EAVENUE1 OUTLOT C 58 58 58 14 BLOC K 8 34 58 16 OUTLOT C 454443 37 3839404142 10 11 12 13 14 15 16 1718192021222324 25 26 2728 OPEN CHANNEL DITCH FOR OFFSITE FLOW789101112 KESOTA COURTKEOKUKAVE.S89°51'51"W 1039.20'N0°30'21"E 2640.15'N89°59'46"W 1317.82'N89°53'07"E 1001.72'L=334.63'R=11275.16'Δ=1°42'02"S27°07'40"W108.53'S22°26'19"E108.53'L=846.95'R=11275.16'Δ=4°18'14"S7°08'57"W 938.98'S26°46'23"W106.27'S7°08'57"W158.15'S84°19'41"W 257.49 'S0°45'25"W33.21'S85°02'05"W 512.80'N0°46'24"E 418.70'S89°51'51"W 264.04'S0°49'24"W 396.06'VIEW C VIEW D VIEW B VIEW A MATCH LINE M A T C H L I N E MA T C H L I N E MATCH LINE MATCH LINE MATCH LINE 4RITTER MEADOWS PRELIMINARY PLAT SUBMITTAL PRELIMINARY PLAT OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 5 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALEEXHIBIT CPage 185 of 256 KEOKUKAVE.S89°51'52"W 1303.58'N0°30'21"E 2640.15'N89°59'46"W 1317.82'N89°53'07"E 1001.72'L=334.63'R=11275.16'Δ=1°42'02"S27°07'40"W108.53'S22°26'19"E108.53'L=846.95'R=11275.16'Δ=4°18'14"S7°08'57"W 938.98'S26°46'23"W106.27'S7°08'57"W158.15'S84°19'41"W 257.49 'S0°45'25"W33.21'S85°02'05"W 512.80'N0°46'24"E 22.65'VIEW C VIEW D VIEW B VIEW A MATCH LINE M A T C H L I N E MA T C H L I N E MATCH LINE MATCH LINE MATCH LINE OPEN CHANNEL DITCH FOR OFFSITE FLOW 123456789101112131615654 3 2 1 29303132 33 34 35 3646 47 48 49 50 51 52 53 54555657 2 1 2 3 4 5 7 8 9 1234567 8 9 10 11 12 13 6 5 4 3 3231302928 272625242322212019181716151413121110987 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2 3 4 5 12 11 3 4 5 6 10 9 1 33 6 1 2 3 4 5 6 7 8 6 7 8 9 10 11 12131415 1 2BLOCK 2BLOCK 1 BLOCK 2 BLOCK 3BLOCK 3BLOCK 3BLOCK 4 BLOCK 5 BLOCK 6BLOCK 7OUTLOT A OUTLOT B 34 33 77 33 OUTLOT A BLOCK 8 BLOCK 7 63 64 65 49 2423 71 72 75 30 57 58 59 60 61 62 38 39404142434445465152535456 31 33 34 35 36 48 8 9 10 11 12 13 14 15 16 17 19 20 21 22 37 2928272625 73 74 32 475055 187 68 69 706667 77 BLOCK 8 76 OUTLOT D 1 OUTLOT C 58 58 58 14 BLOC K 6 34 58 16 OUTLOT C 454443 37 3839404142 10 11 12 13 14 15 16 1718192021222324 25 26 2728 7891011121314OUTLOT E OUTLOT D OUTLOT D 4RITTER MEADOWS PRELIMINARY PLAT SUBMITTAL PRELIMINARY PLAT OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:Being 5 feet in width and adjoining lot lines and 10 feet inwidth and adjoining right of way lines, unless otherwiseindicated on the plat.NOT TO SCALEEXHIBIT DPage 186 of 256 KERKHOVE N W A Y KETTLE PASS 202N D S T. 202ND ST. 202ND ST.KEYSTONE KEYSTONE COURTKEYSTONE AVEUNUEKEYSTONE AVENUEKEYSTONE AVENUEKEYNOTE LOOP KEYNOTE LOOP203RD ST. 203 R D S T .KEOKUK AVE.KEOKUK AVE.KEOKUK AVE.KEOKUK AVE.200TH ST. PARK (2.84 AC)AVENUEOPEN CHANNEL DITCH FOR OFFSITE FLOWKERKHOVEN WAY200TH ST.KEOKUK AVE.1234567891011121316156 5 4 3 2 129303132333435364647484950 51 52 53 54555657 2 1 2 3 4 5 7 8 9 1234567 8 9 10 11 12 13 6 5 4 3 3231302928 272625242322212019181716151413121110987 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2 3 4 5 12 11 3 4 5 6 10 9 1 33 6 1 2 3 4 5 6 7 8 6 7 8 9 10 11 12131415 1 2BLOCK 2BLOCK 1 BLOCK 2BLOCK 3BLOCK 3BLOCK 3BLOCK 4 BLOCK 5 BLOCK 6BLOCK 7OUTLOT A OUTLOT B 34 33 85 33 OUTLOT A BLOCK 8 BLOCK 7 63 64 65 49 2423 71 72 75 30 57 58 59 60 61 62 38 39404142434445465152535456 31 33 34 35 36 48 8 9 10 11 12 13 14 15 16 17 19 20 21 22 37 2928272625 73 74 32 475055 187 68 69 706667 OUTLOT G 76 1 OUTLOT C 58 5858 14 BLOC K 6 34 58 16 OUTLOT C 454443 37 3839404142 10 11 12 13 14 15 16 1718192021222324252627287891011121314OUTLOT E 77 78 79 80 81 82 83 84 OUT LOT F VIEW A VIEW B VIEW C VIEW D 11RITTER MEADOWS PRELIMINARY PLAT SUBMITTAL SITE PLAN OVERVIEW 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONSITE PLAN NOTES:LEGEND:EXHIBIT EPage 187 of 256 KEYSTONE AVENUEKEYSTONE AVENUE KEYNOTE LOOPKEYNOTE LO O P 203RD ST.203RD ST.KEOKUK AVE.KEOKUK AVE.323130292827262524232221201918171615141312111098713141516171819202122232425262728293031322345121110913368BLOCK 634338533BLOCK 8BLOCK 7636465492423717275305758596061623839404142434445465152535456313334353648891011121314151617192021223729282726257374324750551876869706667OUTLOT G76BLOCK 634OUTLOT C7778798081828384OUTLOT F14RITTER MEADOWS PRELIMINARY PLAT SUBMITTAL SITE PLAN VIEW C 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONEXHIBIT FPage 188 of 256 KERKHOVEN W A Y KETTLE PASS 202N D S T. 202ND ST. 202ND ST.KEYSTONE KEYSTONE COURTKEYSTONE AVEUNUEKEYSTONE AVENUEKEYSTONE AVENUEKEYNOTE LOOP KEYNOTE LOOP203RD ST. 203 R D S T .KEOKUK AVE.KEOKUK AVE.KEOKUK AVE.KEOKUK AVE.200TH ST. PARK (2.84 AC)AVENUEOPEN CHANNEL DITCH FOR OFFSITE FLOWKERKHOVEN WAY200TH ST.KEOKUK AVE.1234567891011121316156 5 4 3 2 129303132333435364647484950 51 52 53 54555657 2 1 2 3 4 5 7 8 9 1234567 8 9 10 11 12 13 6 5 4 3 3231302928 272625242322212019181716151413121110987 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 2 3 4 5 12 11 3 4 5 6 10 9 1 33 6 1 2 3 4 5 6 7 8 6 7 8 9 10 11 12131415 1 2BLOCK 2BLOCK 1 BLOCK 2BLOCK 3BLOCK 3BLOCK 3BLOCK 4 BLOCK 5 BLOCK 6BLOCK 7OUTLOT A OUTLOT B 34 33 85 33 OUTLOT A BLOCK 8 BLOCK 7 63 64 65 49 2423 71 72 75 30 57 58 59 60 61 62 38 39404142434445465152535456 31 33 34 35 36 48 8 9 10 11 12 13 14 15 16 17 19 20 21 22 37 2928272625 73 74 32 475055 187 68 69 70 66 67 OUTLOT G 76 1 OUTLOT C 58 5858 14 BLOC K 6 34 58 16 OUTLOT C 454443 37 3839404142 10 11 12 13 14 15 16 1718192021222324252627287891011121314OUTLOT E 77 78 79 80 81 82 83 84 OUT LOT F 10RITTER MEADOWS PRELIMINARY PLAT SUBMITTAL PHASING PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLEGEND:PHASE 1:PHASE 2:PHASE 3:EXHIBIT GPage 189 of 256 KEYSTONE AVENUEKEYSTONE AVENUE KEYNOTE LOOPKEYNOTE LO O P 203RD ST.203RD ST.KEOKUK AVE.KEOKUK AVE.323130292827262524232221201918171615141312111098713141516171819202122232425262728293031322345121110913368BLOCK 634338533BLOCK 8BLOCK 7636465492423717275305758596061623839404142434445465152535456313334353648891011121314151617192021223729282726257374324750551876869706667OUTLOT G76BLOCK 634OUTLOT C7778798081828384OUTLOT F26RITTER MEADOWS PRELIMINARY PLAT SUBMITTAL GRADING AND DRAINAGE PLAN VIEW C 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONEXHIBIT HPage 190 of 256 KEYSTONE AVENUEKEYSTONE AVENUE KEYNOTE LOOPKEYNOTE LO O P 203RD ST.203RD ST.KEOKUK AVE.KEOKUK AVE.323130292827262524232221201918171615141312111098713141516171819202122232425262728293031322345121110913368BLOCK 634338533BLOCK 8BLOCK 7636465492423717275305758596061623839404142434445465152535456313334353648891011121314151617192021223729282726257374324750551876869706667OUTLOT G76BLOCK 634OUTLOT C7778798081828384OUTLOT F49RITTER MEADOWS PRELIMINARY PLAT SUBMITTAL LANDSCAPE PLAN VIEW C 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONEXHIBIT IPage 191 of 256 • • • • Page 192 of 256 RRIITTTTEERR MMEEAADDOOWWSS 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT AAUUGGUUSSTT 3300,, 22002244 PPAAGGEE 22 OOFF 55 Page 193 of 256 RRIITTTTEERR MMEEAADDOOWWSS 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT AAUUGGUUSSTT 3300,, 22002244 PPAAGGEE 33 OOFF 55 Page 194 of 256 RRIITTTTEERR MMEEAADDOOWWSS 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT AAUUGGUUSSTT 3300,, 22002244 PPAAGGEE 44 OOFF 55 Page 195 of 256 RRIITTTTEERR MMEEAADDOOWWSS 22NNDD AADDDDIITTIIOONN –– PPRREELLIIMMIINNAARRYY PPLLAATT AAUUGGUUSSTT 3300,, 22002244 PPAAGGEE 55 OOFF 55 Page 196 of 256 Date: 9/16/2024 Ordinance Amending Title 3, Chapter 24 and Title 11 of the City Code and Summary Ordinances for Publication Proposed Action Staff recommends adoption of the following motion: Move to approve an ordinance amending Titles 3 and 11 of the City Code and a summary ordinance for publication. Overview Community Development Department staff recommends approval of an ordinance amending Titles 3 (Chapter 24, Cannabis Businesses) and 11 (Zoning Ordinance) of the City Code as presented. The proposed ordinance amending Title 3, Chapter 24 provides requirements for cannabis businesses including retail registration requirements and process, performance standards, and application process for temporary cannabis events. References are made to both MN Statutes and applicable state rules (prepared by the Office of Cannabis Management, OCM). The proposed ordinance amending Title 11 (Zoning) has been prepared to include definitions and the various license types into appropriate zoning districts. Generally, cultivation, manufacture, distribution/transporting, and wholesaling fall within industrial districts, while retail licenses (dispensaries) will be considered a commercial use. A new Chapter 38 was created to provide a central location for performance standards. The Planning Commission held a public hearing on the proposed zoning ordinance amendment at their August 22, 2024, meeting. There was no public comment. The Planning Commission unanimously recommended approval of the ordinance amendment. Supporting Information 1. Title 3 Chapter 24 and Title 11 Final redlined 2. Title 3 Chapter 24 and Title 11 Final clean 3. Planning Staff report 8-22-24 4. 08-22 Planning Commission meeting minutes Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Safety Throughout the Community Page 197 of 256 Report Completed by: Tina Goodroad, Community Development Director Page 198 of 256 1 ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE AMENDING TITLE 3, CHAPTER 24 AND TITLE 11 (ZONING ORDINANCE) OF THE CITY CODE CONCERNING THE REGULATION AND ZONING OF CANNABIS BUSINESSES THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Chapter 24 of Title 3 of the Lakeville City Code is hereby amended in its entirety to read as follows: CHAPTER 24 CANNABIS BUSINESSES SECTION: 3-24-1: Findings and Purpose; Authority and Jurisdiction 3-24-2: Definitions 3-24-3: State License Required 3-24-4: Retail Registration 3-24-5: Performance Standards 3-24-6: Temporary Cannabis Events 3-24-7: Use in Public Places 3-24-8: Low Potency Hemp Edibles 3-24-9: Severability 3-24-1: FINDINGS AND PURPOSE; AUTHORITY AND JURISDICTION A. Findings and Purpose. The city makes the following legislative findings: 1. The purpose of this chapter is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the city to protect the public health, safety, welfare of residents by regulating cannabis businesses within the city. 2. The city finds that the proposed provisions are appropriate and lawful land use regulations for the city, that the proposed regulations will promote the interests of the community for now and in the future, and that the proposed provisions are in the public interest and for the public good. B. Authority. The city has the authority to adopt this chapter pursuant to: 1. Minnesota Statutes, section 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. Page 199 of 256 2 2. Minnesota Statutes, section 342.22, regarding the local registration and enforcement requirements of state licensed cannabis retail businesses and lower potency hemp edible retail businesses. 3. Minnesota Statutes, section 152.0263, Subd. 5, regarding the use of cannabis in public places. 3-24-2: DEFINITIONS Unless otherwise noted in this chapter, words and phrases contained in Minnesota Statutes, section 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this chapter: ADULT USE CANNABIS PRODUCT: As defined under Minnesota Statutes, section 342.01, subd. 4. CANNABIS RETAIL BUSINESS: A state licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and lower potency hemp edible retailers. CANNABIS RETAILER: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. LOWER POTENCY HEMP EDIBLE: As defined under Minnesota Statutes, section 342.01, subd. 50. OFFICE OF CANNABIS MANAGEMENT: State of Minnesota Office of Cannabis Management, as may be referred to as “OCM” in reference to this chapter. PLACE OF PUBLIC ACCOMMODATION: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public. PRELIMINARY LICENSE APPROVAL: Office of Cannabis Management pre-approval for a cannabis business license for applicants who qualify under Minnesota Statutes, section 342.17. PUBLIC PLACE: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. RETAIL REGISTRATION: An approved registration issued by the city to a cannabis retail business. SCHOOL: A public school as defined under Minnesota Statutes, section 120A.05 or a nonpublic school that complies with the reporting requirements under Minnesota Statute, section 120A.24. STATE LICENSE: An approved license issued by the Office of Cannabis Management to a cannabis retail business. Page 200 of 256 3 3-24-3: STATE LICENSE REQUIRED. Operation of a cannabis business of the types established by Minnesota Statues, section 324.10 within the city shall require a state license in accordance with Minnesota Statutes, section 342.14. 3-24-4: RETAIL REGISTRATION: A. Consent to Registering Cannabis Businesses 1. No individual or entity may operate a state-licensed cannabis retail business within the Lakeville without first registering with the City. 2. Any state-licensed cannabis retail business that sells to a customer or patient without a valid retail registration shall incur a civil penalty of up to $2,000 per violation. B. Compliance Checks Prior to Retail Registration 1. Prior to issuance of a cannabis retail business registration, the city shall conduct a preliminary compliance check to ensure compliance with local ordinances. 2. Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from OCM, the City shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the city’s zoning ordinance and state fire and building codes. C. Registrations Limited: 1, The number of registered cannabis retail businesses within the city shall be limited to a maximum of 6 registrations. 2. Registrations shall be issued in order as of the date the city has received a complete application. D. Registration Fees: 1. Applicants for registration or renewal registrations shall be required to pay the registration and renewal fees as established by the City’s fee schedule depending upon the type of retail business license applied for and in accordance with the following: a. An initial retail registration fee shall not exceed five hundred dollars ($500) or one-half (1/2) the amount of an initial state license fee established by Minnesota Statutes, section 342.11, whichever is less. b. A renewal retail registration fee shall not exceed one thousand dollars ($1,000) or one-half (1/2) the amount of a renewal state license fee established by Minnesota Statutes, section 342.11, whichever is less. Page 201 of 256 4 c. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee; a renewal retail registration fee shall be charged at the time of the second renewal and each subsequent renewal thereafter. d. A medical combination business operating an adult-use retail location shall only be charged a single registration fee, not to exceed the lesser of a single retail registration fee, defined by this section, for the adult-use retail business. 2. The registration fee shall be not be refunded once processed in accordance with section 4-13-4.E.2.c of this chapter. E. Application Submittal. 1. The city shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22 and is in compliance with this chapter. a. An applicant for a retail registration shall fill out an application form, as provided by the City. The application form shall include, but is not limited to: i. Full name of the property owner and applicant; ii. Address, email address, and telephone number of the applicant; iii. The address and parcel ID for the property which the retail registration is sought; iv. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13. b. The applicant shall include with the form: i. the registration fee as required in Section 3-24-4-(D)(1) of this chapter; ii. a copy of a valid state license or written notice of OCM license preapproval; c. Once an application is considered complete, the city Ccerk shall inform the applicant as such, process the application fees, and forward the application to the community development director or designee for approval or denial. F. Application Approval 1. A state-licensed cannabis retail business application shall not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under Section 3-24-4(C) of this chapter. 2. A state-licensed cannabis retail business application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance. Page 202 of 256 5 3. A state-licensed cannabis retail business application that meets the requirements of this ordinance shall be approved. G. Annual Compliance Checks 1. The city shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age verification requirements, as required under Minn. Stat. 342.22 Subd. 4(b), Minn. Stat. 342.24 and this chapter]. 2. The city shall conduct at minimum one unannounced age verification compliance check at least once per calendar year. 3. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the local unit of government. 4. Any failures under this section must be reported to the Office of Cannabis Management. H. Location Change 1. A registered cannabis retail business shall be required to submit a new application for registration under section 3-24-4.E of this chapter if it seeks to move to a new location still within the city. 3. A previously registered cannabis retail business that seeks to change locations within the city shall be subject to the location requirements established by the Title 11 of the city code (zoning ordinance). I, Renewal of Registration 1. The City shall renew an annual registration of a state-licensed cannabis retail business at the same time OCM renews the cannabis retail business’ license. 2. A state-licensed cannabis retail business shall apply to renew registration on a form established by the City. 3. A cannabis retail registration issued under this ordinance shall not be transferred. 4. An applicant for a renewal registration shall pay the renewal registration fee required under Section 3-24-4(D) of this Code. 5. The application for renewal of a retail registration shall include but is not limited items required under Section 3-24-4(E) of this chapter. Page 203 of 256 6 J. Suspension of Registration 1. When Suspension is Warranted. a. The city may suspend a cannabis retail business’s registration if it violates the provisions of this chapter or poses an immediate threat to the health or safety of the public. The City shall immediately notify the cannabis retail business in writing the grounds for the suspension. b. Notification to OCM. The city shall immediately notify the OCM in writing the grounds for the suspension. OCM will provide the city and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days. c. Length of Suspension. The suspension of a cannabis retail business registration may be up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended. i. The City may reinstate a registration if it determined that the violations have been resolved. ii. The City shall reinstate a registration if OCM determines the violation(s) have been resolved. The City Administrator or designee shall determine the appropriate length of suspension. For the first violation, the presumptive suspension shall be seven (7) days. For a second violation found within an eighteen (18) month period, the presumptive suspension shall be fourteen (14) days. For a third and all subsequent violations within an eighteen (18) month period, the presumptive suspension shall be thirty (30) days. Nothing in this section shall prevent the City Administrator or designee from deviating from the presumptive suspension length based on the specific circumstances of a given violation, including but not limited to the severity of the violation, whether the violation was knowing or intentional, and the degree of risk to the public health caused by the violation. d. Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the city may impose a civil penalty, as specified in the city’s fee schedule, for registration violations, not to exceed $2,000. Page 204 of 256 7 3-24-5 PERFORMANCE STANDARDS: Operation of a cannabis business of the types established by Minnesota Statues, section 324.10 within the city shall comply with the provisions of this chapter and the following: A. Building Code. The cannabis business shall comply with the provisions of Title 9, of this code. B. Zoning Ordinance. The cannabis business shall comply with the provisions of Title 11 of this code. C. Ventilation: A cannabis business shall be ventilated so that the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior of the cannabis business at the property line. D. Age Limitations: No person under twenty-one (21) years of age shall be within the cannabis business premises. E. Public View: 1. All activities of a cannabis business businesses, including, without limitation, cultivating, growing, processing, displaying, manufacturing, selling, and storage, shall be conducted out of public view. 2. No cannabis or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises. F. Prohibited Activities: 1. Consumption or use of cannabis products onsite of a cannabis retail business is prohibited except for licensed mirobusinesses. 2. There shall be no outdoor events or sales associated with a cannabis business; all such activities shall occur within a principal or accessory building, including temporary structures, as allowed in compliance with Title 11 of this code. 3. No cannabis business shall occupy a residential dwelling unit. 3-24-6: MINIMUM BUFFER REQUIREMENT: A. A cannabis retail business (excluding lower potency hemp businesses) shall not operate within 500 feet of a school. B. Nothing in this section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school moves within the minimum buffer zone. 3-24-6-: TEMPORARY CANNIBIS EVENTS: A. Temporary Cannabis Event Permit Required: A temporary cannabis event permit is required to be issued and approved by the city prior to holding a Temporary Cannabis Event Page 205 of 256 8 B. Fee: A registration fee, as established in city’s fee schedule, shall be charged to applicants for a temporary cannabis event permit. The application fee shall be non- refundable. C. Application Submittal and Review: 1. An applicant for a temporary cannabis event permit shall fill out an application form, as provided by the city. The application shall include, but is not limited to: a. Full name of the property owner and applicant; b. Address, email address, and telephone number of the applicant; c. Site plan of event space, including location and number of access points d. Proposed capacity of event space e. Other information as required by the city based on the type or size of the event. 2. The applicant shall include with the application form: a. The application fee as required in Section 3-24-6(B) of this chapter; b. A copy of the OCM cannabis event license application, submitted pursuant to Minn. Stat. 342.39 subd. 2. c. The application shall be submitted to the city Ccerk or designee for review. If the designee determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies. 3. Once an application is considered complete, the city clerk shall inform the applicant that the application is complete, process the application fees, and forward the application to the community development director or designee for approval or denial. 4. The application for a temporary cannabis event permit shall meet the following standards: a. Minimum Buffer Zone Required: A temporary cannabis event shall provide a minimum buffer zone from the following uses: Five hundred feet (500’) from a school. b. Temporary cannabis events shall only occur between the hours of ten o’clock (10:00) A.M. and ten o’clock (10:00) P.M, unless extended by the city council with approval of a special event permit. Page 206 of 256 9 c. Adequate security for the event is in place to ensure compliance with the requirements of state law and city code. 5. An application for a temporary cannabis event permit that meets the requirements of this section shall be approved. 6. A request for a temporary cannabis event permit that does not meet the requirements of this section shall be denied. The City shall notify the applicant of the standards not met and basis for denial. 3-24-7-: USE IN PUBLIC PLACES: No person shall use cannabis flower, cannabis products, lower potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment, or an event licensed to permit on-site consumption of cannabis products. 3-24-8: LOWER-POTENCY HEMP EDIBLES A. Municipal Liquor Stores: The sale of lower potency hemp edibles is permitted in the City’s municipal liquor stores. 3-24-9: SEVERABILITY: If any provision of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 2. Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby amended to include the following definitions: CANNABIS BUSINESSES RELATED: Unless otherwise noted in this section or chapter 24 of this title, words and phrases contained in Minnesota Statutes, section 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this title. A. Adult-Use Cannabis Product: As defined under Minnesota Statutes, section 342.01, subd. 4. B. Cannabis Business. A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, dispensary, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis delivery services, or medical cannabis combination business licensed, or any use otherwise authorized, under Minnesota Statutes, Chapter 342. C Cannabis Cultivation: A cannabis business licensed for planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts by a business licensed or authorized to cultivate cannabis or medical cannabis pursuant to Minnesota Statutes Chapter,342. D. Cannabis delivery service. A person or entity licensed or otherwise authorized to purchase cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived Page 207 of 256 10 consumer products from licensed cannabis microbusinesses with a retail endorsement, cannabis mezzobusinesses with a retail endorsement, dispensaries, medical cannabis dispensaries, and medical cannabis combination businesses; transport and deliver cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumable products to customers; and perform other actions pursuant to Minnesota Statutes, Chapter 342. E. Cannabis or lower-potency hemp edible manufacturing. An entity licensed or otherwise authorized for the creation of cannabis concentrate and manufacture of cannabis products and hemp-derived consumer products for public consumption pursuant to Minnesota Statutes, Chapter 342, an entity licensed or authorized to purchase hemp and artificially derived cannabinoids to make hemp concentrate; manufacture artificially derived cannabinoids and hemp edibles for public consumption; package and label lower-potency hemp edibles for sale to customers; sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles to other cannabis businesses and hemp businesses; and perform other actions pursuant to Minnesota Statutes, Chapter 342, or an entity in possession of a medical cannabis processor license pursuant to Minnesota Statutes, Chapter 342. F. Cannabis mezzobusiness. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis mezzobusiness license pursuant to Minnesota Statutes, Chapter 342. G. Cannabis microbusiness. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis microbusiness license pursuant to Minnesota Statutes, Chapter 342. H. Cannabis Retail Business: A state licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, excluding lower-potency hemp edible retailers, pursuant to Minnesota Statutes, Chapter 342. I. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. J. Cannabis testing facility. A facility licensed to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products from cannabis microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis cultivators, medical cannabis processors, medical cannabis combination businesses, and industrial hemp growers pursuant to Minnesota Statutes, Chapter 342. K. Cannabis transporter. An entity licensed or otherwise authorized to transport immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived Page 208 of 256 11 cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived consumer products from a cannabis business to a cannabis business pursuant to Minnesota Statutes, Chapter 342. L. Cannabis wholesaler. An entity licensed or authorized to obtain, store, and sell or otherwise transfer cannabis or hemp seeds, plants, flower, or other products for the purpose of resale or other transfer to a cannabis business, but not to consumers, pursuant to Minnesota Statutes, Chapter 342. M. Dispensary. An entity in possession of a cannabis retailer license or otherwise authorized to acquire, possess, transfer, sell, dispense, or distributes products containing cannabis and related supplies and products pursuant to Minnesota Statutes, Chapter 342. N. Lower Potency Hemp Edible: As defined under Minnesota Statutes, section 342.01, subd. 50. O. Lower-potency hemp edible retailer. A person or entity licensed or authorized to acquire, possess, transfer, sell, dispense, or distribute lower-potency hemp edible products and related supplies and products pursuant to Minnesota Statutes, Chapter 342. P. Medical cannabis combination business. An entity authorized to cultivate, manufacture, and sell cannabis, hemp, and cannabis and hemp related supplies and products, and perform other actions authorized under a medical cannabis combination license pursuant to Minnesota Statutes, Chapter 342. Q. Office of Cannabis Management: State of Minnesota Office of Cannabis Management, as may be referred to as “OCM” in reference to this title. R. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. S. Retail Registration: An approved registration issued by the city to a cannabis retail business. T. State License: An approved license issued by the Office of Cannabis Management to a cannabis retail business. Section 3. Title 11, Chapter 38 of the City Code (Zoning Ordinance -Reserved) is hereby amended to read as follows: Chapter 38 CANNABIS BUSINESS USES 11-38:1: Purpose 11-38-3: General Performance Standards 11-38-5: Cannabis Uses in Commercial Districts Performance Standards 11-38-7: Cannabis Uses in Industrial Districts Performance Standards Page 209 of 256 12 11-38-1: PURPOSE: The purpose of this chapter is to establish provisions for the opportunity as well as controls of cannabis business uses within the city. 11-38-3: General Performance Standards A. A cannabis retail business must be registered with the city in accordance with Chapter 24 of the City Code. B. A cannabis business must provide evidence of a state license under Minnesota Statues, section 342.14 and all applicable state laws and regulations. C. All cannabis businesses must be in compliance with the provisions of Chapter 24, of the City Code and all applicable state laws and regulations related to the operation of the cannabis business. 11-38-5: Cannabis Businesses in Commercial Districts Performance Standards: A. Hours of Operation: A cannabis business operating in a Commercial District shall be limited to occur between the hours of ten o’clock (10:00) AM to ten o’clock (10:00) PM B. Standards for Cannabis in the O-P Office Park District: 1. The cannabis business shall be conducted entirely with a principal structure and all outside storage is prohibited. 2. All waste and recycling containers shall be kept within a principle or accessory building. 3. Hours of operation: seven o’clock (7:00) AM to ten o’clock (10:00) PM. 4. Sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting a cannabis business shall be provide for at all times. 5. Cannabis cultivations shall not be perceptible form the exterior of the building in which cultivation occurs. 6. Security: a. Burglary alarm systems with audible and police notification components that are professionally monitored and maintained in good working condition shall be installed on all doors, windows, and access points. b. Surveillance cameras shall be installed and operate twenty-four (24) hours a day, seven (7) days a week, with thirty (30) day video storage, to monitor all entrances and trash receptacles, along with the interior and exterior of the premises shall be required. c. Exterior lighting shall be required sufficient for observers to see and for cameras to record, that is either constantly on or activated by motion detectors, subject to the requirements of section 11-16-17 of this title d. Deadbolt locks shall be installed and utilized on all exterior doors and locks shall be installed on all other windows or access points. e. Additional security requirements including, but not limited to, security guards, steel doors, and steel window coverings shall be required as determined by city staff. 7. Conditional Uses. For cannabis businesses designated as conditional uses: Page 210 of 256 13 a. Site, ventilation, and building security plans must be submitted to the City for review and must be compliant with applicable state rules. b. Additional security requirements may be required as conditions of approval. 11-38-7: Standards for Cannabis Businesses in Industrial Districts: A. The cannabis business shall be conducted entirely with a principal structure and all outside storage is prohibited. B. All waste and recycling containers shall be kept within a principle or accessory building. C. Hours of operation: seven o’clock (7:00) AM to ten o’clock (10:00) PM. Retail operation (microbusiness license only) is limited to ten o’clock (10:00) AM to ten o’clock (10:00) PM. D. All on-site consumption of cannabis (in a microbusiness licensed facility only) shall be entirely indoors. E. Sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting a cannabis business shall be provide for at all times. F. Cannabis cultivation shall not be perceptible from the exterior of the building in which cultivation occurs. G. Security: 1. Burglary alarm systems with audible and police notification components that are professionally monitored and maintained in good working condition shall be installed on all doors, windows, and access points. 2. Surveillance cameras are required and must operate twenty-four (24) hours a day, seven (7) days a week, with thirty (30) day video storage, to monitor all entrances and trash receptacles, along with the interior and exterior of the premises. 3. Exterior lighting shall be required sufficient for observers to see and for cameras to record, that is either constantly on or activated by motion detectors, subject to the requirements of section 11-16-17 of this title. 4. Deadbolt locks shall be installed and utilized on all exterior doors and locks shall be installed on all other windows or access points. 5. Additional security requirements including, but not limited to, security guards, steel doors, and steel window coverings shall be required as determined by city staff. H. Vehicles: 1. All vehicles stored on site shall comply with provisions in chapter 22 of this title and shall be enclosed in a secured fenced area. No non-business- related vehicles shall be stored on site. I. Conditional Uses. For cannabis businesses designated as conditional uses: 1. Site, ventilation and building security plans must be submitted to the City for review and must be compliant with applicable state regulations. 2. Additional security requirements including may be required as condition of approval. Section 4. Section 11-71-3 of the Zoning Ordinance (C-1 District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: Page 211 of 256 14 C. Cannabis Retailer/Dispensary meeting performance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting performance standards Chapter 38 of this title. Section 5. Section 11-72-3 of the Zoning Ordinance (C-2 District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: C. Cannabis Retailer/Dispensary meeting performance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting performance standards of Chapter 38 of this title. Section 6. Section 11-73-3 of the Zoning Ordinance (C-3 District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: C. Cannabis Retailer/Dispensary meeting the performance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting the performance standards of Chapter 38 of this title Section 7. Section 11-74-3 of the Zoning Ordinance (C-CBD District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: C. Cannabis Retailer/Dispensary meeting the performance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting the performance standards of Chapter 38 of this title. Section 8. Section 11-75-3 of the Zoning Ordinance (O-P District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: B. Cannabis Businesses: cultivator (including medical), manufacturer (including medical and low-potency Hemp edible), mezzobusiness, testing facility, and wholesaler meeting the performance standards in Chapter 38 of this title. Section 9. Section 11-75-7 of the Zoning Ordinance (O-P District, Conditional Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: D. Cannabis Businesses: transporter and delivery service meeting the performance standards in Chapter 38 of this title. Page 212 of 256 15 Section 10. Section 11-86-3 of the Zoning Ordinance (I-1, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: cultivator (including medical), manufacturer (including medical and low-potency Hemp edible), mezzobusiness, testing facility, and wholesaler meeting the performance standards in Chapter 38 of this title. Section 11. Section 11-86-7 of the Zoning Ordinance (I-1, Conditional Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: microbusiness, medical combined transporter and delivery service meeting the performance standards in Chapter 38 of this title. Section 12. Section 11-87-3 of the Zoning Ordinance (I-2, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: cultivator (including medical), manufacturer (including medical and low-potency Hemp edible), mezzobusiness, testing facility, and wholesaler meeting the performance standards in Chapter 38 of this title. Section 13. Section 11-87-7 of the Zoning Ordinance (I-2, Conditional) is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: microbusiness, medical combined transporter and delivery service meeting the performance standards in Chapter 38 of this title. Section 14. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 16th day of September 2024. CITY OF LAKEVILLE BY: ________________________ Luke Hellier, Mayor ATTEST BY: ________________________ Ann Orlofsky, City Clerk Page 213 of 256 1 ORDINANCE NO.________ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ORDINANCE AMENDING TITLE 3, CHAPTER 24 AND TITLE 11 (ZONING ORDINANCE) OF THE CITY CODE CONCERNING THE REGULATION AND ZONING OF CANNABIS BUSINESSES THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Chapter 24 of Title 3 of the Lakeville City Code is hereby amended in its entirety to read as follows: CHAPTER 24 CANNABIS BUSINESSES SECTION: 3-24-1: Findings and Purpose; Authority and Jurisdiction 3-24-2: Definitions 3-24-3: State License Required 3-24-4: Retail Registration 3-24-5: Performance Standards 3-24-6: Temporary Cannabis Events 3-24-7: Use in Public Places 3-24-8: Low Potency Hemp Edibles 3-24-9: Severability 3-24-1: FINDINGS AND PURPOSE; AUTHORITY AND JURISDICTION A. Findings and Purpose. The city makes the following legislative findings: 1. The purpose of this chapter is to implement the provisions of Minnesota Statutes, chapter 342, which authorizes the city to protect the public health, safety, welfare of residents by regulating cannabis businesses within the city. 2. The city finds that the proposed provisions are appropriate and lawful land use regulations for the city, that the proposed regulations will promote the interests of the community for now and in the future, and that the proposed provisions are in the public interest and for the public good. B. Authority. The city has the authority to adopt this chapter pursuant to: 1. Minnesota Statutes, section 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of the time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit the establishment or operation of cannabis businesses. Page 214 of 256 2 2. Minnesota Statutes, section 342.22, regarding the local registration and enforcement requirements of state licensed cannabis retail businesses and lower potency hemp edible retail businesses. 3. Minnesota Statutes, section 152.0263, Subd. 5, regarding the use of cannabis in public places. 3-24-2: DEFINITIONS Unless otherwise noted in this chapter, words and phrases contained in Minnesota Statutes, section 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this chapter: ADULT USE CANNABIS PRODUCT: As defined under Minnesota Statutes, section 342.01, subd. 4. CANNABIS RETAIL BUSINESS: A state licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, and lower potency hemp edible retailers. CANNABIS RETAILER: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. LOWER POTENCY HEMP EDIBLE: As defined under Minnesota Statutes, section 342.01, subd. 50. OFFICE OF CANNABIS MANAGEMENT: State of Minnesota Office of Cannabis Management, as may be referred to as “OCM” in reference to this chapter. PLACE OF PUBLIC ACCOMMODATION: A business, accommodation, refreshment, entertainment, recreation, or transportation facility of any kind, whether licensed or not, whose goods, services, facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise made available to the public. PRELIMINARY LICENSE APPROVAL: Office of Cannabis Management pre-approval for a cannabis business license for applicants who qualify under Minnesota Statutes, section 342.17. PUBLIC PLACE: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. RETAIL REGISTRATION: An approved registration issued by the city to a cannabis retail business. SCHOOL: A public school as defined under Minnesota Statutes, section 120A.05 or a nonpublic school that complies with the reporting requirements under Minnesota Statute, section 120A.24. STATE LICENSE: An approved license issued by the Office of Cannabis Management to a cannabis retail business. Page 215 of 256 3 3-24-3: STATE LICENSE REQUIRED. Operation of a cannabis business of the types established by Minnesota Statues, section 324.10 within the city shall require a state license in accordance with Minnesota Statutes, section 342.14. 3-24-4: RETAIL REGISTRATION: A. Consent to Registering Cannabis Businesses 1. No individual or entity may operate a state-licensed cannabis retail business within the Lakeville without first registering with the City. 2. Any state-licensed cannabis retail business that sells to a customer or patient without a valid retail registration shall incur a civil penalty of up to $2,000 per violation. B. Compliance Checks Prior to Retail Registration 1. Prior to issuance of a cannabis retail business registration, the city shall conduct a preliminary compliance check to ensure compliance with local ordinances. 2. Pursuant to Minn. Stat. 342, within 30 days of receiving a copy of a state license application from OCM, the City shall certify on a form provided by OCM whether a proposed cannabis retail business complies with local zoning ordinances and, if applicable, whether the proposed business complies with the city’s zoning ordinance and state fire and building codes. C. Registrations Limited: 1, The number of registered cannabis retail businesses within the city shall be limited to a maximum of 6 registrations. 2. Registrations shall be issued in order as of the date the city has received a complete application. D. Registration Fees: 1. Applicants for registration or renewal registrations shall be required to pay the registration and renewal fees as established by the City’s fee schedule depending upon the type of retail business license applied for and in accordance with the following: a. An initial retail registration fee shall not exceed five hundred dollars ($500) or one-half (1/2) the amount of an initial state license fee established by Minnesota Statutes, section 342.11, whichever is less. b. A renewal retail registration fee shall not exceed one thousand dollars ($1,000) or one-half (1/2) the amount of a renewal state license fee established by Minnesota Statutes, section 342.11, whichever is less. Page 216 of 256 4 c. The initial registration fee shall include the initial retail registration fee and the first annual renewal fee; a renewal retail registration fee shall be charged at the time of the second renewal and each subsequent renewal thereafter. d. A medical combination business operating an adult-use retail location shall only be charged a single registration fee, not to exceed the lesser of a single retail registration fee, defined by this section, for the adult-use retail business. 2. The registration fee shall be not be refunded once processed in accordance with section 4-13-4.E.2.c of this chapter. E. Application Submittal. 1. The city shall issue a retail registration to a state-licensed cannabis retail business that adheres to the requirements of Minn. Stat. 342.22 and is in compliance with this chapter. a. An applicant for a retail registration shall fill out an application form, as provided by the City. The application form shall include, but is not limited to: i. Full name of the property owner and applicant; ii. Address, email address, and telephone number of the applicant; iii. The address and parcel ID for the property which the retail registration is sought; iv. Certification that the applicant complies with the requirements of local ordinances established pursuant to Minn. Stat. 342.13. b. The applicant shall include with the form: i. the registration fee as required in Section 3-24-4-(D)(1) of this chapter; ii. a copy of a valid state license or written notice of OCM license preapproval; c. Once an application is considered complete, the city Ccerk shall inform the applicant as such, process the application fees, and forward the application to the community development director or designee for approval or denial. F. Application Approval 1. A state-licensed cannabis retail business application shall not be approved if the cannabis retail business would exceed the maximum number of registered cannabis retail businesses permitted under Section 3-24-4(C) of this chapter. 2. A state-licensed cannabis retail business application shall not be approved or renewed if the applicant is unable to meet the requirements of this ordinance. Page 217 of 256 5 3. A state-licensed cannabis retail business application that meets the requirements of this ordinance shall be approved. G. Annual Compliance Checks 1. The city shall complete at minimum one compliance check per calendar year of every cannabis business to assess if the business meets age verification requirements, as required under Minn. Stat. 342.22 Subd. 4(b), Minn. Stat. 342.24 and this chapter]. 2. The city shall conduct at minimum one unannounced age verification compliance check at least once per calendar year. 3. Age verification compliance checks shall involve persons at least 17 years of age but under the age of 21 who, with the prior written consent of a parent or guardian if the person is under the age of 18, attempt to purchase adult-use cannabis flower, adult-use cannabis products, lower-potency hemp edibles, or hemp-derived consumer products under the direct supervision of a law enforcement officer or an employee of the local unit of government. 4. Any failures under this section must be reported to the Office of Cannabis Management. H. Location Change 1. A registered cannabis retail business shall be required to submit a new application for registration under section 3-24-4.E of this chapter if it seeks to move to a new location still within the city. 3. A previously registered cannabis retail business that seeks to change locations within the city shall be subject to the location requirements established by the Title 11 of the city code (zoning ordinance). I, Renewal of Registration 1. The City shall renew an annual registration of a state-licensed cannabis retail business at the same time OCM renews the cannabis retail business’ license. 2. A state-licensed cannabis retail business shall apply to renew registration on a form established by the City. 3. A cannabis retail registration issued under this ordinance shall not be transferred. 4. An applicant for a renewal registration shall pay the renewal registration fee required under Section 3-24-4(D) of this Code. 5. The application for renewal of a retail registration shall include but is not limited items required under Section 3-24-4(E) of this chapter. Page 218 of 256 6 J. Suspension of Registration 1. When Suspension is Warranted. a. The city may suspend a cannabis retail business’s registration if it violates the provisions of this chapter or poses an immediate threat to the health or safety of the public. The City shall immediately notify the cannabis retail business in writing the grounds for the suspension. b. Notification to OCM. The city shall immediately notify the OCM in writing the grounds for the suspension. OCM will provide the city and cannabis business retailer a response to the complaint within seven calendar days and perform any necessary inspections within 30 calendar days. c. Length of Suspension. The suspension of a cannabis retail business registration may be up to 30 calendar days, unless OCM suspends the license for a longer period. The business may not make sales to customers if their registration is suspended. i. The City may reinstate a registration if it determined that the violations have been resolved. ii. The City shall reinstate a registration if OCM determines the violation(s) have been resolved. The City Administrator or designee shall determine the appropriate length of suspension. For the first violation, the presumptive suspension shall be seven (7) days. For a second violation found within an eighteen (18) month period, the presumptive suspension shall be fourteen (14) days. For a third and all subsequent violations within an eighteen (18) month period, the presumptive suspension shall be thirty (30) days. Nothing in this section shall prevent the City Administrator or designee from deviating from the presumptive suspension length based on the specific circumstances of a given violation, including but not limited to the severity of the violation, whether the violation was knowing or intentional, and the degree of risk to the public health caused by the violation. d. Civil Penalties. Subject to Minn. Stat. 342.22, subd. 5(e) the city may impose a civil penalty, as specified in the city’s fee schedule, for registration violations, not to exceed $2,000. Page 219 of 256 7 3-24-5 PERFORMANCE STANDARDS: Operation of a cannabis business of the types established by Minnesota Statues, section 324.10 within the city shall comply with the provisions of this chapter and the following: A. Building Code. The cannabis business shall comply with the provisions of Title 9, of this code. B. Zoning Ordinance. The cannabis business shall comply with the provisions of Title 11 of this code. C. Ventilation: A cannabis business shall be ventilated so that the odor of marijuana cannot be detected by a person with a normal sense of smell at the exterior of the cannabis business at the property line. D. Age Limitations: No person under twenty-one (21) years of age shall be within the cannabis business premises. E. Public View: 1. All activities of a cannabis business businesses, including, without limitation, cultivating, growing, processing, displaying, manufacturing, selling, and storage, shall be conducted out of public view. 2. No cannabis or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises. F. Prohibited Activities: 1. Consumption or use of cannabis products onsite of a cannabis retail business is prohibited except for licensed mirobusinesses. 2. There shall be no outdoor events or sales associated with a cannabis business; all such activities shall occur within a principal or accessory building, including temporary structures, as allowed in compliance with Title 11 of this code. 3. No cannabis business shall occupy a residential dwelling unit. 3-24-6: MINIMUM BUFFER REQUIREMENT: A. A cannabis retail business (excluding lower potency hemp businesses) shall not operate within 500 feet of a school. B. Nothing in this section shall prohibit an active cannabis business or a cannabis business seeking registration from continuing operation at the same site if a school moves within the minimum buffer zone. 3-24-6-: TEMPORARY CANNIBIS EVENTS: A. Temporary Cannabis Event Permit Required: A temporary cannabis event permit is required to be issued and approved by the city prior to holding a Temporary Cannabis Event Page 220 of 256 8 B. Fee: A registration fee, as established in city’s fee schedule, shall be charged to applicants for a temporary cannabis event permit. The application fee shall be non- refundable. C. Application Submittal and Review: 1. An applicant for a temporary cannabis event permit shall fill out an application form, as provided by the city. The application shall include, but is not limited to: a. Full name of the property owner and applicant; b. Address, email address, and telephone number of the applicant; c. Site plan of event space, including location and number of access points d. Proposed capacity of event space e. Other information as required by the city based on the type or size of the event. 2. The applicant shall include with the application form: a. The application fee as required in Section 3-24-6(B) of this chapter; b. A copy of the OCM cannabis event license application, submitted pursuant to Minn. Stat. 342.39 subd. 2. c. The application shall be submitted to the city Ccerk or designee for review. If the designee determines that a submitted application is incomplete, they shall return the application to the applicant with the notice of deficiencies. 3. Once an application is considered complete, the city clerk shall inform the applicant that the application is complete, process the application fees, and forward the application to the community development director or designee for approval or denial. 4. The application for a temporary cannabis event permit shall meet the following standards: a. Minimum Buffer Zone Required: A temporary cannabis event shall provide a minimum buffer zone from the following uses: Five hundred feet (500’) from a school. b. Temporary cannabis events shall only occur between the hours of ten o’clock (10:00) A.M. and ten o’clock (10:00) P.M, unless extended by the city council with approval of a special event permit. Page 221 of 256 9 c. Adequate security for the event is in place to ensure compliance with the requirements of state law and city code. 5. An application for a temporary cannabis event permit that meets the requirements of this section shall be approved. 6. A request for a temporary cannabis event permit that does not meet the requirements of this section shall be denied. The City shall notify the applicant of the standards not met and basis for denial. 3-24-7-: USE IN PUBLIC PLACES: No person shall use cannabis flower, cannabis products, lower potency hemp edibles, or hemp-derived consumer products in a public place or a place of public accommodation unless the premises is an establishment, or an event licensed to permit on-site consumption of cannabis products. 3-24-8: LOWER-POTENCY HEMP EDIBLES A. Municipal Liquor Stores: The sale of lower potency hemp edibles is permitted in the City’s municipal liquor stores. 3-24-9: SEVERABILITY: If any provision of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 2. Section 11-2-3 of the Zoning Ordinance (Definitions) is hereby amended to include the following definitions: CANNABIS BUSINESSES RELATED: Unless otherwise noted in this section or chapter 24 of this title, words and phrases contained in Minnesota Statutes, section 342.01 and the rules promulgated pursuant to any of these acts, shall have the same meanings in this title. A. Adult-Use Cannabis Product: As defined under Minnesota Statutes, section 342.01, subd. 4. B. Cannabis Business. A cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, dispensary, cannabis wholesaler, cannabis transporter, cannabis testing facility, cannabis delivery services, or medical cannabis combination business licensed, or any use otherwise authorized, under Minnesota Statutes, Chapter 342. C Cannabis Cultivation: A cannabis business licensed for planting, growing, harvesting, drying, curing, grading, or trimming of cannabis plants, cannabis flower, hemp plants, or hemp plant parts by a business licensed or authorized to cultivate cannabis or medical cannabis pursuant to Minnesota Statutes Chapter,342. D. Cannabis delivery service. A person or entity licensed or otherwise authorized to purchase cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived Page 222 of 256 10 consumer products from licensed cannabis microbusinesses with a retail endorsement, cannabis mezzobusinesses with a retail endorsement, dispensaries, medical cannabis dispensaries, and medical cannabis combination businesses; transport and deliver cannabis flower, cannabis products, lower-potency hemp edibles, and hemp-derived consumable products to customers; and perform other actions pursuant to Minnesota Statutes, Chapter 342. E. Cannabis or lower-potency hemp edible manufacturing. An entity licensed or otherwise authorized for the creation of cannabis concentrate and manufacture of cannabis products and hemp-derived consumer products for public consumption pursuant to Minnesota Statutes, Chapter 342, an entity licensed or authorized to purchase hemp and artificially derived cannabinoids to make hemp concentrate; manufacture artificially derived cannabinoids and hemp edibles for public consumption; package and label lower-potency hemp edibles for sale to customers; sell hemp concentrate, artificially derived cannabinoids, and lower-potency hemp edibles to other cannabis businesses and hemp businesses; and perform other actions pursuant to Minnesota Statutes, Chapter 342, or an entity in possession of a medical cannabis processor license pursuant to Minnesota Statutes, Chapter 342. F. Cannabis mezzobusiness. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis mezzobusiness license pursuant to Minnesota Statutes, Chapter 342. G. Cannabis microbusiness. A person or entity licensed to cultivate, manufacture, and sell products containing cannabis and related supplies and products and perform other actions authorized under a cannabis microbusiness license pursuant to Minnesota Statutes, Chapter 342. H. Cannabis Retail Business: A state licensed retail location and the retail location(s) of a mezzobusinesses with a retail operations endorsement, microbusinesses with a retail operations endorsement, medical combination businesses operating a retail location, excluding lower-potency hemp edible retailers, pursuant to Minnesota Statutes, Chapter 342. I. Cannabis Retailer: Any person, partnership, firm, corporation, or association, foreign or domestic, selling cannabis product to a consumer and not for the purpose of resale in any form. J. Cannabis testing facility. A facility licensed to obtain and test immature cannabis plants and seedlings, cannabis flower, cannabis products, hemp plant parts, hemp concentrate, artificially derived cannabinoids, lower-potency hemp edibles, and hemp-derived consumer products from cannabis microbusinesses, cannabis mezzobusinesses, cannabis cultivators, cannabis manufacturers, cannabis wholesalers, lower-potency hemp edible manufacturers, medical cannabis cultivators, medical cannabis processors, medical cannabis combination businesses, and industrial hemp growers pursuant to Minnesota Statutes, Chapter 342. K. Cannabis transporter. An entity licensed or otherwise authorized to transport immature cannabis plants and seedlings, cannabis flower, cannabis products, artificially derived Page 223 of 256 11 cannabinoids, hemp plant parts, hemp concentrate, lower-potency hemp edibles, and hemp-derived consumer products from a cannabis business to a cannabis business pursuant to Minnesota Statutes, Chapter 342. L. Cannabis wholesaler. An entity licensed or authorized to obtain, store, and sell or otherwise transfer cannabis or hemp seeds, plants, flower, or other products for the purpose of resale or other transfer to a cannabis business, but not to consumers, pursuant to Minnesota Statutes, Chapter 342. M. Dispensary. An entity in possession of a cannabis retailer license or otherwise authorized to acquire, possess, transfer, sell, dispense, or distributes products containing cannabis and related supplies and products pursuant to Minnesota Statutes, Chapter 342. N. Lower Potency Hemp Edible: As defined under Minnesota Statutes, section 342.01, subd. 50. O. Lower-potency hemp edible retailer. A person or entity licensed or authorized to acquire, possess, transfer, sell, dispense, or distribute lower-potency hemp edible products and related supplies and products pursuant to Minnesota Statutes, Chapter 342. P. Medical cannabis combination business. An entity authorized to cultivate, manufacture, and sell cannabis, hemp, and cannabis and hemp related supplies and products, and perform other actions authorized under a medical cannabis combination license pursuant to Minnesota Statutes, Chapter 342. Q. Office of Cannabis Management: State of Minnesota Office of Cannabis Management, as may be referred to as “OCM” in reference to this title. R. Public Place: A public park or trail, public street or sidewalk; any enclosed, indoor area used by the general public, including, but not limited to, restaurants; bars; any other food or liquor establishment; hospitals; nursing homes; auditoriums; arenas; gyms; meeting rooms; common areas of rental apartment buildings, and other places of public accommodation. S. Retail Registration: An approved registration issued by the city to a cannabis retail business. T. State License: An approved license issued by the Office of Cannabis Management to a cannabis retail business. Section 3. Title 11, Chapter 38 of the City Code (Zoning Ordinance -Reserved) is hereby amended to read as follows: Chapter 38 CANNABIS BUSINESS USES 11-38:1: Purpose 11-38-3: General Performance Standards 11-38-5: Cannabis Uses in Commercial Districts Performance Standards 11-38-7: Cannabis Uses in Industrial Districts Performance Standards Page 224 of 256 12 11-38-1: PURPOSE: The purpose of this chapter is to establish provisions for the opportunity as well as controls of cannabis business uses within the city. 11-38-3: General Performance Standards A. A cannabis retail business must be registered with the city in accordance with Chapter 24 of the City Code. B. A cannabis business must provide evidence of a state license under Minnesota Statues, section 342.14 and all applicable state laws and regulations. C. All cannabis businesses must be in compliance with the provisions of Chapter 24, of the City Code and all applicable state laws and regulations related to the operation of the cannabis business. 11-38-5: Cannabis Businesses in Commercial Districts Performance Standards: A. Hours of Operation: A cannabis business operating in a Commercial District shall be limited to occur between the hours of ten o’clock (10:00) AM to ten o’clock (10:00) PM B. Standards for Cannabis in the O-P Office Park District: 1. The cannabis business shall be conducted entirely with a principal structure and all outside storage is prohibited. 2. All waste and recycling containers shall be kept within a principle or accessory building. 3. Hours of operation: seven o’clock (7:00) AM to ten o’clock (10:00) PM. 4. Sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting a cannabis business shall be provide for at all times. 5. Cannabis cultivations shall not be perceptible form the exterior of the building in which cultivation occurs. 6. Security: a. Burglary alarm systems with audible and police notification components that are professionally monitored and maintained in good working condition shall be installed on all doors, windows, and access points. b. Surveillance cameras shall be installed and operate twenty-four (24) hours a day, seven (7) days a week, with thirty (30) day video storage, to monitor all entrances and trash receptacles, along with the interior and exterior of the premises shall be required. c. Exterior lighting shall be required sufficient for observers to see and for cameras to record, that is either constantly on or activated by motion detectors, subject to the requirements of section 11-16-17 of this title d. Deadbolt locks shall be installed and utilized on all exterior doors and locks shall be installed on all other windows or access points. e. Additional security requirements including, but not limited to, security guards, steel doors, and steel window coverings shall be required as determined by city staff. 7. Conditional Uses. For cannabis businesses designated as conditional uses: Page 225 of 256 13 a. Site, ventilation, and building security plans must be submitted to the City for review and must be compliant with applicable state rules. b. Additional security requirements may be required as conditions of approval. 11-38-7: Standards for Cannabis Businesses in Industrial Districts: A. The cannabis business shall be conducted entirely with a principal structure and all outside storage is prohibited. B. All waste and recycling containers shall be kept within a principle or accessory building. C. Hours of operation: seven o’clock (7:00) AM to ten o’clock (10:00) PM. Retail operation (microbusiness license only) is limited to ten o’clock (10:00) AM to ten o’clock (10:00) PM. D. All on-site consumption of cannabis (in a microbusiness licensed facility only) shall be entirely indoors. E. Sufficient measures and means of preventing any gas, vapors, odors, smoke, debris, dust, fluids or other substances from exiting a cannabis business shall be provide for at all times. F. Cannabis cultivation shall not be perceptible from the exterior of the building in which cultivation occurs. G. Security: 1. Burglary alarm systems with audible and police notification components that are professionally monitored and maintained in good working condition shall be installed on all doors, windows, and access points. 2. Surveillance cameras are required and must operate twenty-four (24) hours a day, seven (7) days a week, with thirty (30) day video storage, to monitor all entrances and trash receptacles, along with the interior and exterior of the premises. 3. Exterior lighting shall be required sufficient for observers to see and for cameras to record, that is either constantly on or activated by motion detectors, subject to the requirements of section 11-16-17 of this title. 4. Deadbolt locks shall be installed and utilized on all exterior doors and locks shall be installed on all other windows or access points. 5. Additional security requirements including, but not limited to, security guards, steel doors, and steel window coverings shall be required as determined by city staff. H. Vehicles: 1. All vehicles stored on site shall comply with provisions in chapter 22 of this title and shall be enclosed in a secured fenced area. No non-business- related vehicles shall be stored on site. I. Conditional Uses. For cannabis businesses designated as conditional uses: 1. Site, ventilation and building security plans must be submitted to the City for review and must be compliant with applicable state regulations. 2. Additional security requirements including may be required as condition of approval. Section 4. Section 11-71-3 of the Zoning Ordinance (C-1 District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: Page 226 of 256 14 C. Cannabis Retailer/Dispensary meeting performance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting performance standards Chapter 38 of this title. Section 5. Section 11-72-3 of the Zoning Ordinance (C-2 District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: C. Cannabis Retailer/Dispensary meeting performance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting performance standards of Chapter 38 of this title. Section 6. Section 11-73-3 of the Zoning Ordinance (C-3 District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: C. Cannabis Retailer/Dispensary meeting the performance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting the performance standards of Chapter 38 of this title Section 7. Section 11-74-3 of the Zoning Ordinance (C-CBD District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered accordingly: C. Cannabis Retailer/Dispensary meeting the performance standards of Chapter 38 of this title. D. Cannabis Medical Retailer/Dispensary meeting the performance standards of Chapter 38 of this title. Section 8. Section 11-75-3 of the Zoning Ordinance (O-P District, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: B. Cannabis Businesses: cultivator (including medical), manufacturer (including medical and low-potency Hemp edible), mezzobusiness, testing facility, and wholesaler meeting the performance standards in Chapter 38 of this title. Section 9. Section 11-75-7 of the Zoning Ordinance (O-P District, Conditional Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: D. Cannabis Businesses: transporter and delivery service meeting the performance standards in Chapter 38 of this title. Page 227 of 256 15 Section 10. Section 11-86-3 of the Zoning Ordinance (I-1, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: cultivator (including medical), manufacturer (including medical and low-potency Hemp edible), mezzobusiness, testing facility, and wholesaler meeting the performance standards in Chapter 38 of this title. Section 11. Section 11-86-7 of the Zoning Ordinance (I-1, Conditional Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: microbusiness, medical combined transporter and delivery service meeting the performance standards in Chapter 38 of this title. Section 12. Section 11-87-3 of the Zoning Ordinance (I-2, Permitted Uses) is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: cultivator (including medical), manufacturer (including medical and low-potency Hemp edible), mezzobusiness, testing facility, and wholesaler meeting the performance standards in Chapter 38 of this title. Section 13. Section 11-87-7 of the Zoning Ordinance (I-2, Conditional) is hereby amended to add the following provisions with subsequent sections number accordingly: C. Cannabis Businesses: microbusiness, medical combined transporter and delivery service meeting the performance standards in Chapter 38 of this title. Section 14. This Ordinance shall be effective immediately upon its passage and publication according to law. ADOPTED by the Lakeville City Council this 16th day of September 2024. CITY OF LAKEVILLE BY: ________________________ Luke Hellier, Mayor ATTEST BY: ________________________ Ann Orlofsky, City Clerk Page 228 of 256 City of Lakeville Planning Department Memorandum To: Planning Commission From: Tina Goodroad, Community Development Director Date: August 15, 2024 Subject: Packet Material for the August 22, 2024 Planning Commission Meeting Agenda Item: Zoning Text Amendment TEXT AMENDMENT-CANNABIS BUSINESSES BACKGROUND Legalization of cannabis was signed into law on May 30, 2023 (Chapter 342 of MN Law). Commercial growing, processing, and retail sales will fall under the regulation of the new state Office of Cannabis Management (OCM) who will begin licensing likely in early 2025. Special pre-approval (2024 legislation) will be conducted this summer for verified social equity applicants for the following license types: microbusiness, mezzobusiness, cultivator, retailer, wholesaler, transporter, testing facility and delivery service. Social equity applicants with license pre-approval may begin growing cannabis prior to adoption of final OCM rules but no retail sales can take place until final rules are adopted. The OCM will be responsible for all commercial regulation including licensing split between cultivation, manufacture, distribution, and retail (see Guide for Local Governments). Cities are responsible for registration. If the business has a valid state license, passes the compliance checks, and has paid all the fees and taxes, the city must issue the registration. State Statute requires that a city must issue at least one registration per 12,500 residents. For Lakeville, this means up to six registrations. Municipal regulations are generally preempted. Cities may not ban use, possession, or transportation. Cities cannot prohibit businesses from operating if licensed by the state. Page 229 of 256 2 However, cities do have a role when it comes to zoning. Cannabis businesses are viewed as any other type of legal business, subject to the City’s general zoning regulations. A condition of obtaining a full-strength retail license will be demonstrating compliance with local zoning regulations. Local ordinances can be adopted to regulate reasonable restrictions on the time, place, and manner of operation of a cannabis business. A zoning ordinance text amendment has been prepared to include the various license types into appropriate zoning districts. Generally, cultivation, manufacture, distribution/transporting, wholesaler fall within industrial districts while retail license (dispensaries) will be considered a commercial use. A new Chapter 38 was created to provide a central location for performance standards. The zoning ordinance amendment will be coupled with an amended Chapter 24 of the city code to include all the requirements for licensing, registration, inspections, etc. TEXT AMENDMENT-C-CBD DISTRICT Staff has received a request for a stand-alone tattoo salon use within the C-CBD zoning district. Cosmetic tattooing is allowed accessory to a licensed barber/beauty salon on-site service business, but a sole operator of tattooing businesses requires an amendment to create its own distinct use. Since we are amending permitted uses in the C-CBD district, staff decided to include in this amendment versus waiting for the next round of zoning code amendments. Action City staff recommends approval of the proposed amendments as presented. Attachment Ordinance Amendment Page 230 of 256 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES August 22, 2024 Vice Chair Zimmer called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. Members Present: Vice Chair Christine Zimmer, Scott Einck, Pat Kaluza, Amanda Tinsley, Patty Zuzek, Alternate Mark Traffas Members Absent: Chair Jenna Majorowicz, Jason Swenson Staff Present: Tina Goodroad, Community Development Director; Kris Jenson, Planning Manager; Frank Dempsey, Associate Planner; Tina Morrow, Recording Secretary 3. Approval of the Meeting Minutes The July 18, 2024 Planning Commission meeting minutes and the August 1, 2024 Planning Commission work session minutes were approved as presented. 4. Announcements Planning Manager Kris Jenson stated that the following was distributed to the Planning Commission at tonight’s meeting: Letter from Alisha Perkins regarding the proposed Zoning Text Amendment. Planning Manager’s memo regarding future Planning Commission items and City Council actions. Planning Manager Kris Jenson stated that after a brief break, there is a scheduled work session in the Marion Conference Room following tonight’s regular meeting. 5. City of Lakeville Community Director Tina Goodroad presented the planning report. Ms. Goodroad stated that a zoning ordinance text amendment addressing cannabis cultivation, distributing, and retail sale to include the various license types established by state law into appropriate zoning districts. Generally, cultivation, manufacture, distribution/transporting, wholesaler fall within industrial districts while retail license (dispensaries) will be considered a commercial use. A new Chapter 38 was created to provide a central location for performance standards. The zoning ordinance amendment will be coupled with an amended Title 3, Chapter 24 of the city code to include all the requirements for licensing, registration, inspections, etc. Page 231 of 256 Planning Commission Meeting Minutes, August 22, 2024 Page 2 Staff also received a request for a stand-alone tattoo salon use within the C-CBD zoning district. Cosmetic tattooing is allowed as an accessory use to a licensed barber/beauty salon (on-site service business). Ms. Goodroad collaborated with City staff on drafting the proposed amendment language to address the comments provided by the Planning Commission, which are described in more detail in the August 15, 2024 planning report. Community Development Department staff recommends the approval of the proposed Zoning Ordinance Text Amendments as presented. Vice Chair Zimmer opened the hearing to the public for comment. Motion was made by Kaluza, seconded by Einck to close the public hearing at 6:07 p.m. There were no comments from the audience. Voice vote was taken on the motion Ayes – unanimous Vice Chair Zimmer asked for comments from the Planning Commission. Discussion points included: Commissioner Einck asked about the stand- alone tattoo salons and locations they are allowed. Restriction on the hours of operation. Motion was made by Kaluza, seconded by Zuzek to recommend to City Council the adoption of the Zoning Ordinance amendments of the Lakeville City Code as presented. There being no further business, the meeting was adjourned at 6:11 p.m. Respectfully submitted, Tina Morrow, Recording Secretary Page 232 of 256 Date: 9/16/2024 Lord of Life Church Comprehensive Plan Amendment Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution amending the 2040 Comprehensive Land Use Map, and 2) an ordinance amending the Zoning Map and adoption of findings of fact for Lord of Life Lutheran Church. Overview Frisbie Properties, LLC, on behalf of Lord of Life Lutheran Church, located at 16200 Dodd Lane, proposes a comprehensive plan amendment from Public and Quasi-Public to Low/Medium Density Residential and a zoning map amendment from RS-3, Single Family Residential District to RST-2, Single and Two Family District. The requests are proposed to allow the development of 5.76 acres of the 12 acre church property for the construction of 24 twinhome lots in 12 buildings on the south side of the church property. City Council approval of a preliminary and final plat would be required prior to development on the site if the Comprehensive Plan Amendment and Zoning Map Amendment are approved. The Planning Commission held a public hearing on the Comprehensive Plan and Zoning Map amendment applications at its September 5, 2024 meeting. There was no public comment at the public hearing. The Planning Commission recommended unanimous approval of the Comprehensive Plan and Zoning Map amendments. City Council approval of the requested Comprehensive Plan Amendment and Zoning Map Amendment requires a four-fifths approving vote of the City Council. Supporting Information 1. Resolution approving the Comprehensive Plan Amendment 2. Findings of Fact for Comprehensive Plan Amendment 3. Rezoning Ordinance 4. Findings of Fact for Rezoning 5. Sept. 5, 2024 Draft Planning Commission Minutes 6. August 29, 2024 Planning Report Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Frank Dempsey, Associate Planner Page 233 of 256 1 RESOLUTION 2024-____ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA LORD OF LIFE LUTHERAN CHURCH 2040 COMPREHENSIVE PLAN AMENDMENT WHEREAS, on September 16, 2024, the Lakeville City Council met at its regularly scheduled meeting to consider the application of Frisbee Properties, LLC for an amendment of the 2040 Land Use Plan map of the 2040 Lakeville Comprehensive Plan in conjunction with a proposed twin-home residential development on a portion of what is the Lord of Life Lutheran Church property located at 16200 Dodd Lane; and, WHEREAS, the property is guided for Public and Quasi-Public land use by the 2040 Comprehensive Plan; the applicant has applied for an amendment to the 2040 Land Use Plan to change the guided land use to Low/Medium Density Residential; and, WHEREAS, the proposed Comprehensive Plan amendment has been submitted to adjacent governmental jurisdictions and the affected school district and no comments were received; and, WHEREAS, the 2040 Comprehensive Plan provides that the Planning Commission shall consider possible effects of the proposed amendment with its judgment to be based upon, but not limited to, the following factors: 1. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The proposed change from public and quasi-public to low/medium density as identified in Exhibit B of the August 29, 2024 planning report prepared by Frank Dempsey, Associate Planner, is consistent with the Comprehensive Plan in encouraging infill development and a range of residential housing densities and housing opportunities. 2. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed low/medium density residential use (twin homes) are compatible with the single family residential character of the neighborhood. 3. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed low/medium density residential land uses and site improvements illustrated on the sketch plan will be required to comply with the requirements of the Page 234 of 256 2 Zoning Ordinance, Subdivision Ordinance, and City Code and will be evaluated as part of necessary subdivision and zoning applications to develop the property. 4. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject site is within the MUSA and will be served by existing sanitary sewer and water services. The proposed 24-unit twin home development is not considered premature. 5. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site is accessed by Dodd Boulevard and Dodd Lane which can serve the proposed twin home development. The streets accessing the property have adequate capacity to accommodate traffic generated by the proposed use. WHEREAS, the legal description of the property is: Lot 1, Block 1, Lord of Life Lutheran Church Addition WHEREAS, The Planning Commission conducted a public hearing on the application at its September 5, 2024 meeting, preceded by published and mailed notice, where the applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak, closed the public hearing, and voted to recommend the City Council approve the request. NOW THEREFORE BE IT RESOLVED THAT the City Council approves the application of Frisbie Properties, LLC to amend the 2040 Comprehensive Plan subject to the approval of the Metropolitan Council. ADOPTED by the Lakeville City Council this 16th day of September 2024. CITY OF LAKEVILLE BY:_________________________________ Luke M. Hellier, Mayor ATTEST:____________________________ Ann Orlofsky, City Clerk Page 235 of 256 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA FRISBIE PROPERTIES, LLC 2040 COMPRHENSIVE PLAN AMENDMENT FINDINGS OF FACT AND DECISION On September 5, 2024 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Frisbie Properties, LLC to consider an amendment to the 2040 Land Use Plan map of the 2040 Comprehensive Plan. The Planning Commission conducted a public hearing on the application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is guided for Public and Quasi-Public land uses in the 2040 Comprehensive Land Use Plan. Frisbie Properties, LLC has applied for an amendment to the 2040 Comprehensive Land Use Plan to change a portion of the guided land use to Low/Medium Density Residential. 2. The legal description of the property is: Lot 1, Block 1, Lord of Life Lutheran Church Addition 3. The proposed Comprehensive Plan amendment has been submitted to adjacent governmental jurisdictions and the affected school district. No comments were received at the time of publication of the August 29, 2024 planning report. 4. The 2040 Comprehensive Plan provides that the Planning Commission shall consider possible effects of the proposed amendment with its judgment to be based upon, but not limited to, the following factors: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The proposed change from public and quasi-public to low/medium density residential as identified in Exhibit B of the August 29, 2024 planning report prepared by Frank Dempsey, Associate Planner, is consistent with the Comprehensive Plan in encouraging infill development and a range of residential housing densities and housing opportunities. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed low/medium density residential use (twin homes) is compatible with the single family residential character of the neighborhood. Page 236 of 256 2 c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed low/medium density residential land uses and site improvements illustrated on the sketch plan will be required to comply with the requirements of the Zoning Ordinance, Subdivision Ordinance, and City Code and will be evaluated as part of necessary subdivision and zoning applications to develop the property. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject site is within the MUSA and will be served by existing sanitary sewer and water services. The proposed 24-unit twin home development is not considered premature. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site is accessed by Dodd Boulevard and Dodd Lane which can serve the proposed twin home development. The streets accessing the property have adequate capacity to accommodate traffic generated by the proposed use. 5. The planning report dated August 29, 2024 prepared by Frank Dempsey, Associate Planner is incorporated herein. DECISION The City Council hereby approves the Comprehensive Land Use Plan Amendment as noted on attached Exhibit A subject to the approval of the Metropolitan Council. DATED: September 16, 2024 CITY OF LAKEVILLE BY: _______________________ Luke M. Hellier, Mayor BY: _______________________ Ann Orlofsky, City Clerk Page 237 of 256 3 EXHIBIT A Page 238 of 256 ORDINANCE NO. _______ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE LAKEVILLE ZONING MAP RELATED TO LORD OF LIFE LUTHERAN CHURCH DEVELOPMENT THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. The legal description of the property is as follows: Lot 1, Block 1, Lord of Life Lutheran Church Addition Section 2. The property as shown on Exhibit A is hereby rezoned from RS-3, Single Family Residential District to RST-2, Single and Two Family Residential District. Section 3. The Zoning Map of the City of Lakeville shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the Zoning Map on file in the City Clerk’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 4. This Ordinance shall be effective upon its passage, publication, and the City Council approval of the final plat of the area indicated in Exhibit A. ADOPTED by the Lakeville City Council this 16th day of September 2024. CITY OF LAKEVILLE BY:_____________________________ Luke M. Hellier, Mayor ATTEST:____________________________ Ann Orlofsky, City Clerk Page 239 of 256 EXHIBIT A Page 240 of 256 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA FRISBIE PROPERTIES, LLC ZONING MAP AMENDMENT FINDINGS OF FACT AND DECISION On September 5, 2024 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Frisbie Properties, LLC for an amendment to the Zoning Map to rezone property from RS-3, Single Family Residential District to RST-2, Single and Two Family Residential District. The Planning Commission conducted a public hearing on the application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is guided for Public and Quasi-Public land use by the 2040 Comprehensive Land Use Plan. Frisbee Properties, LLC has applied for an amendment to the 2040 Land Use Plan to change the guided land use from Public and Quasi Public to Low/Medium Density Residential. 2. The subject property is zoned RS-3, Low Density Residential District. Frisbie Properties, LLC has applied for an amendment to the Zoning Map to change the zoning of the property from RS-3, Single Family Residential District to RST-2, Single and Two Family Residential District. 3. The legal description of the property is: Lot 1, Block 1, Lord of Life Lutheran Church Addition 4. Section 11-3-3.E of the City of Lakeville Zoning Ordinance provides that the Planning Commission shall consider possible effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The proposed rezoning from RS-3, Single Family Residential District to RST-2, Single and Two Family Residential District as identified in Exhibit C of the August 30, 2024 planning report prepared by Frank Dempsey, Associate Planner, is consistent with the Page 241 of 256 2 goals and policies of the 2040 Comprehensive Plan to encourage infill development and a variety of housing types in areas where adequate density transition may occur. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The subject site is at the south end of the subject 12 acre property and abutting a two City owned stormwater basin outlots. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed twinhome land use shall be required to comply with the requirements of the Zoning Ordinance, Subdivision Ordinance, and City Code and will be evaluated as part of necessary applications to develop the property, including availability of sanitary sewer. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject site is within the MUSA and is served with existing public service capacity or the development. The subject property has not been deemed premature. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site is accessed by Dodd Boulevard (CSAH 9) and Dodd Lane which are designed to accommodate traffic generated by the proposed use. 5. The planning report dated August 29, 2024 prepared by Frank Dempsey, Associate Planner is incorporated herein. DECISION The City Council hereby approves the Zoning Map Amendment as illustrated on attached Exhibit A subject to the approval of the Comprehensive Plan amendment by Metropolitan Council. DATED: September 16, 2024 CITY OF LAKEVILLE BY: ____________________ Luke M. Hellier, Mayor BY: ___________________ Ann Orlofsky, City Clerk Page 242 of 256 3 EXHIBIT A Page 243 of 256 Planning Commission Meeting Minutes, September 5, 2024 Page 3 5b. Lord of Life Church Chair Majorowicz opened the public hearing to consider the application of Frisbie Properties, LLC for the following: 1. Comprehensive Plan Amendment to re-guide property from Public and Quasi-Public to Low/Medium Density Residential 2. Zoning Map Amendment to rezone property from RS-3, Single Family Residential District to RST-2, Single and Two Family Residential District to consider allowing 24 residential twin- homes and one recreational use lot, located at 16200 Dodd Lane south of Dodd Boulevard (CSAH 9) and east of Dodd Lane on what is now the south side of the 12 acre church property. Jamie Thompson, Pastor of the Lord of Life Church, along with Matt Frisbie, Architect with Frisbie Properties, LLC presented a brief overview of the project. Associate Planner Frank Dempsey presented the planning report. Mr. Dempsey stated the applicant proposed a Comprehensive Plan Amendment from Low Density to Low/Medium Density and a Zoning Map Amendment from RS-3, Single Family Residential District to RST-2, Single and Two Family District. The proposed location and design allows for adequate separation between density land uses in the area and as transition and buffer from adjacent and nearby properties. Community Development Department staff recommends approval of Comprehensive Plan amendment and Zoning Map amendment for Lord of Life Lutheran Church and approval of the Findings of Fact(s) dated September 5, 2024, as amended. Chair Majorowicz opened the hearing to the public for comment. There were no comments from the audience. Motion was made by Zimmer seconded by Swenson to close the public hearing at 6:22 p.m. Voice vote was taken on the motion. Ayes – unanimous. Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Asked whether there would be a homeowner’s association. • Commissioner Zimmer asked if the proposed development would be using PooPrints to address dog waste concerns. • Mr. Frisbie described the design of the twinhomes, including that units could include a re- enforced room for protection in inclement weather. • Commissioners Kaluza and Swenson expressed support for the proposed project. Page 244 of 256 Planning Commission Meeting Minutes, September 5, 2024 Page 4 Motion was made by Swenson, seconded by Zuzek recommend to City Council approval of the Comprehensive Plan Amendment and Zoning Map Amendment for Lord of Life Lutheran Church and approval of the Findings of Fact dated September 5, 2024, as amended. Ayes: Zuzek, Kaluza, Tinsley, Majorowicz, Zimmer, Einck, Swenson Nays: 0 There being no further business, the meeting was adjourned at 6:30 p.m. Respectfully submitted, Tina Morrow, Recording Secretary Page 245 of 256 City of Lakeville Community Development Department Memorandum To: Planning Commission From: Frank Dempsey, Associate Planner Date: August 29, 2024 Subject: Packet Material for the September 5, 2024 Planning Commission Meeting Agenda Item: Lord of Life Lutheran Church Comprehensive Plan and Zoning Map Amendments BACKGROUND Lord of Life Lutheran Church located at 16200 Dodd Lane proposes a comprehensive plan amendment from Low Density to Low/Medium Density and a zoning map amendment from RS- 3, Single Family Residential District to RST-2, Single and Two Family District. The requests are proposed to allow the development of 5.76 acres of the 12 acre church property for the construction of 24 twinhome lots in 12 buildings on the south side of the church property. If the Comprehensive Plan and Zoning Map amendments are approved by the City Council, the developer would prepare applications for preliminary plat subdivision approval, which would require a separate public hearing, review by the Planning Commission and approval of the City Council. EXHIBITS A. Aerial Photo/Site Location Map B. Land Use Plan Exhibit C. Zoning Map Exhibit D. Overall Site Plan E. Townhouse Architectural Plans F. June 10, 2024 Neighborhood Meeting Notes Page 246 of 256 2 PLANNING A NALYSIS The subject property is located at the southeast corner of Dodd Boulevard and Dodd Lane at 16200 Dodd Lane. The site was developed for the church in 2006 following approval of a conditional use permit as required by the Zoning Ordinance for institutional uses in a residential zoning district. The rezoning request includes the south 5.76 acres of the church property. The church property will remain zoned RS-3, Single Family Residential District. Surrounding Properties North: Dodd Boulevard (CSAH 9) South: City owned stormwater outlots and single family homes East: City owned stormwater outlot and medium/high density residential townhomes West: Dodd Lane and single family homes The immediate neighborhood surrounding the church property consists of single family homes and 11 attached townhome buildings consisting of 84 dwelling units. Dodd Lane lies to the west and Dodd Boulevard to the north. The single family home lots to the south are buffered by two city owned outlots, one being a stormwater basin. The townhomes to the east are located approximately 135 feet from the existing church property separated by a drainage swale and stormwater basins. The proposed location and design allows for adequate buffer to adjacent and nearby properties allowing for the proposed increase in density. House Style/Design. There will be 12 twin-home buildings on 24 separate ownership lots and the units will range in size between 1,300 and 1,600 square feet. Neighborhood Meeting. Approximately 20 persons attended the June 10, 2024 neighborhood meeting. The applicant sent mailed invitations to all property owners within 500 feet of the church property by U.S. mail not less than 10 days prior to the neighborhood meeting. The meeting was attended by Frank Dempsey, Associate Planner. The project proposes a 600+ foot long cul-de-sac across from Fanning Court. Twenty-four twin home lots/units are proposed. Neighbor comments/questions included: • Will the units be owner occupied or rental? The homes will be owner occupied • Anticipated values? Homes will value approx. $500,000 value • Sizes and amenities? 1,300 to 1,600 square foot twinhomes and private recreation space. • Homeowner association? Yes • Views of the development from the south side of the pond? Who owns the pond(City)? Is landscaping proposed? Yes • Will buildings be uniform in design with common fence design requirements, if any? Yes Other Notification. As required in consideration of Comprehensive Plan Amendments, the proposed Comprehensive Plan amendment has been submitted to 11 adjacent governmental jurisdictions, the affected school district (ISD 196), and the Metropolitan Council for review and comment. All 11 jurisdictions have responded offering no comments. Page 247 of 256 3 CONCLUSION The 2040 Comprehensive Land Use Plan encourages infill development on utilization of existing sanitary sewer and water utilities where possible. Amendments to the 2040 Comprehensive Land Use Plan should only occur for developments that reflect Lakeville’s long-term interest and only when such action is consistent with the goals and policies of the 2040 Lakeville Comprehensive Plan. The proposed land uses illustrated on the developer’s sketch plan are consistent with these goals and provide for an acceptable land use transition to existing single family homes to the west and south. Planning Department staff has determined that the request is consistent with the 2040 Comprehensive Land Use Plan and recommends approval. Findings of fact for approval of the comprehensive plan amendment and rezoning are included with the packet materials for your consideration. Page 248 of 256 HyVee Fieldstone Creek Townhmes Lord of LifeLutheran Church 16200 Dodd Lane EXHBIT A Page 249 of 256 M/HDR LDR RD L/MDR DODD BLVD (CSAH 9) Comp Plan Map Existing Land Use City of Lakeville Comp Plan Map Proposed Land Use L/MDR L/MDR P/QP M/HDR LDR LDR LDR LDR LDR RD DODD BLVD (CSAH 9)DODD LNELM CREEK LNDODD LNELM CREEK LNF ANNI NG CT F ANNI NG CT FAL LBROOK DR FAL LBROOK DR PILOT KNOB RD (CSAH 31)PILOT KNOB RD (CSAH 31)ENDEAV OR CTENDEAV OR CTSubject Site - currently P/QP Change from P/QP to L/MDR EXHIBIT B Page 250 of 256 DODD BLVD (CSAH 9) Current Zoning Map City of Lakeville Zoning Map Proposed Zoning DODD BLVD (CSAH 9)DODD LNELM CREEK LNDODD LNELM CREEK LNF ANNI NG CT F ANNI NG CT FAL LBROOK DR FAL LBROOK DR PILOT KNOB RD (CSAH 31)PILOT KNOB RD (CSAH 31)ENDEAV OR CTENDEAV OR CTSubject Site - currently RS-3 Rezone from RS-3 TO RST-2 POSPOS POS POS POS POS POS POS RM-2 RM-2 RM-2 RM-2 RS-3 RS-3 RS-3 RS-3 RS-3 RS-3 RS-4 RS-4 RS-4 RS-4 EXHIBIT C Page 251 of 256 DODD LANE(BITUMINOUS PUBLIC STREET)630' cul-de-sac 1 2 3 4 5 6 7 8 9 10 11 12 141316 15 1718 20 19 OUTLOT A 2324 Pickleball Greenspace New Access DriveCom m u n i t y O p e n P a v i l i o n 2122 60.0'EXISTING FIRE HYDRANT PROPOSED 10 FT. DRAINAGE AND UTILITY EASEMENT EXISTING PROPERTY LINE 30.0'32.7'30.7' 14.0' TYP. 40.2'37.0'28.0'20.0'R46.0' 14.0'14.0'TYP.38.9'5.0'5.0'5.0'20.0'9.0'24.0' 5.0'20.0'9 10101010101077 14 8 30.0'20.0'7.3'14.0'14.0'5.0'22.0'72.0'10.0'16.0'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2023 KIMLEY-HORN AND ASSOCIATES, INC.767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Frisbie Properties, LLC\Lakeville, MN Lord of Life\3 Design\CAD\Exhibits\2024-0108\2024_0108 EXHIBIT.dwg July 11, 2024 - 2:45pm©BYREVISIONSNo.DATEPRELIMINARY - NOT FOR CONSTRUCTIONLEGEND DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.ALAN CATCHPOOL, P.E.XX/XX/XXXX47969DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16022200307/11/2024AS SHOWNRWCRWCALCPROPOSED CURB AND GUTTER TOTAL PROPERTY OUTLINE SETBACK LINE DRAINAGE AND UTILITY EASEMENT STANDARD DUTY ASPHALT PAVMENT SEE DETAILS FOR SECTION HEAVY DUTY ASPHALT PAVEMENT SEE DETAILS FOR SECTION HEAVY DUTY CONCRETE PAVEMENT SEE DETAILS FOR SECTION CONCRETE SIDEWALK SEE DETAILS FOR SECTION PREPARED FORSITE EXHIBIT----LORD OF LIFE TOWNHOMESFRISBIE PROPERTIES, LLCLAKEVILLEMNNORTH Know what'sbelow. before you dig.Call R PROPERTY SUMMARY TOTAL RESIDENTAL AREA 5.76 AC / 250,719 SF ZONING SUMMARY EXISTING CHURCH ZONING RS - 3 PROPOSED RESIDENTAL ZONING RST - 2 LORD OF LIFE LUTHERAN CHURCH PARKING SUMMARY TOTAL PROPOSED 97 STALLS (76 EXISTING + 21 NEW) EXHIBIT D Page 252 of 256 The Fields –Senior Village EXHIBIT EPage 253 of 256 Page 254 of 256 Page 255 of 256 LORD OF LIFE CHURCH JUNE 10, 2024 NEIGHBORHOOD MEETING NOTES Lord of Life Church located at 16200 Dodd Lane proposes a comprehensive plan amendment from Low Density to Low/Medium Density and a rezoning to RST-2, Single and Two Family District to allow the construction of 24 twinhome lots on the south side of the 12 acre church property. Approximately 20 persons attended the neighborhood meeting held at Lord of Life Lutheran Church on June 10, 2024. All property owners within 500 feet were sent mailed notice by the church. e meeting was attended by Frank Dempsey, Associate Planner. e project proposes a 600+ foot long cul-de-sac across from Fanning Court. Twenty four twin home lots/units are proposed. Neighborhood resident comments/questions included: •Will the units be owner occupied or rental? Owner occupied •Anticipated values? Homes will value approx. $500,000 value •Sizes and amenities? 1,300 to 1,600 square feet including a private clubhouse/recreation space. •Homeowner association? Yes •Views of the development from the south side of the pond? Who owns the pond (City). Is landscaping proposed? Yes •Will buildings be uniform in design with common fence design requirements, if any? Yes Submitted By: Frank Dempsey, Associate Planner 6/11/24 EXHIBIT F Page 256 of 256