HomeMy WebLinkAbout10-07-2024 Agenda Packet
AGENDA
CITY COUNCIL MEETING
October 7, 2024 - 6:00 PM
City Hall Council Chambers
Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join
the meeting via Teams Meeting, Meeting ID: 270 967 142 637 or by calling Toll Number 1-323-433-2142; Conference ID: 244
190 036#. The mayor will allow for public comments and questions at the appropriate time.
The City Council is provided background information for agenda items in advance by staff and appointed commissions,
committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a
council member’s personal judgment.
1. Call to order, moment of silence and flag pledge
2. Roll Call
3. Citizen Comments
4. Additional agenda information
5. Presentations/Introductions
a. Public Works Quarterly Report
6. Consent Agenda
a. Check Register Summary
b. Minutes of the 09/16/2024 City Council Meeting
c. Minutes of the 09/23/2024 Special Meeting
d. Minutes of the 09/23/2024 Work Session
e. Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization
and Dakota County, and Supplemental Agreement for Professional Services with
Kimley-Horn for Launch Park Wetland Restoration
f. Proposal from St. Croix Recreation, Inc. for Kenmore Park Playground Equipment
g. Youth Advisory Commission Appointments
h. Accepting Donation from Lakeville Public Safety Foundation
i. Resolution Calling Public Hearing - Special Service Dist No.1
j. Agreement with Xcel Energy for Street Light Replacement on Ideal Way
k. Joint Powers Agreement Regarding Internet Crimes Against Children
l. Professional Services Agreement with Action Target
Page 1 of 379
City Council Meeting Agenda
October 7, 2024
Page 2
m. Supplemental Agreement for Professional Services with WSB for FiRST Center
n. Resolution of Support for Draft 2025-2029 Dakota County Capital Improvement
Program
o. Approve Change Order for Citywide Trail Gap Improvements (City Project 23-06)
p. Resolution Setting Dates of Regular City Council Meetings and Work Sessions for
2025
q. Ritter Meadows Second Addition Final Plat
r. U.S. Department of Homeland Security Staffing for Adequate Fire and Emergency
Response (SAFER) Grant Acceptance
s. Contract for Fall 2024 Tree Planting under the 2023 Shade Tree Program Bonding
Grant
t. Master Agreement with Lakeville Baseball Association for Facility Use and
Sponsorships
7. Action Items
a. Public Hearing for the Proposed 2025-2029 Capital Improvement Plan and Street
Reconstruction Plan and the Intent to Issue General Obligation Street Reconstruction
Bonds and General Obligation Capital Improvement Bonds
b. Cedar Hills North Comprehensive Plan and Zoning Map Amendments
8. Unfinished Business
9. New Business
10. Announcements
a. Next City Council Meeting October 21, 2024
b. Next Work Session Monday, October 28, 2024
11. Adjourn
Page 2 of 379
Date: 10/7/2024
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 – 09/20/2024 is as follows:
Checks 323891-324022 $852,669.43
ACH 18149-18294 $3,965,939.45
Electronic Funds Transfer
(EFT)
20240445-
20240455
$568,125.16
Total $5,386,734.04
The City Council will receive a list of expenditures paid (claims detail) and it is available to the
public upon request.
Supporting Information
1. 9.17.24CKSUM
2. Check Register 9.17.24 for Oct 7,2024 Council Mtg
Financial Impact: $5,386,734.04 Budgeted: Yes Source:
Various
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Cheri Donovan, Assistant Finance Director
Page 3 of 379
9/17/2024City of Lakeville 14:06:30R55CKS2LOGIS100
1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection.
9/20/20248/26/2024 -
Company Amount
366,780.8201000GENERAL FUND
2,569.9102000COMMUNICATIONS FUND
155,231.6204000BUILDING FUND
138,302.1204100EQUIPMENT FUND
52,137.2004161ARENAS CAPITAL IMPROVEMENTS
33.7504200PARK DEDICATION FUND
427,075.33047002022 C PARK BONDS
18,885.00047202024 A PARK BONDS
184,614.8105200STATE AID CONSTRUCTION FUND
344,560.1705300PAVEMENT MANAGEMENT FUND
825.940658622-03 210TH ST LKVL BLVD RECON
11,251.90065902023 "" STREET RECONSTRUCTION
968,630.380659524-02 STREET RECONSTRUCTION
21,677.960659624-03 COLLECTOR RD REHAB
35,566.1707450ENVIRONMENTAL RESOURCES FUND
46.7507550UTILITY FISCAL ADMINISTRATION
138.6007575STREET LIGHTING FUND
503,131.2207600WATER FUND
919,573.0507700SEWER FUND
741,910.7307800LIQUOR FUND
11,285.6007900MUNICIPAL RESERVES FUND
127,563.2308000ESCROW FUND - DEVELOPERS/BUILD
4,531.8208910ESCROW - DCA/SECTION 125
316,772.8808950DAKOTA 911 - OPERATING FUND
33,637.0808970LAKEVILLE ARENAS - OPERATIONS
Report Totals 5,386,734.04
Page 4 of 379
MINUTES
CITY COUNCIL MEETING
September 16, 2024 - 6:30 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; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky,
City Clerk; Brad Paulson, Police Chief; Tina Goodroad, Community Development Director
3. Citizen Comments
Howard Schneider,Jersey Avenue, invited staff to join the Lakeville bike ride.
4. Additional agenda information
None
5. Presentations/Introductions
a. Proclamation for Lakeville Olympians
Mayor Hellier expressed the City of Lakeville's immense pride in athletes Regan Smith,
Ian Seidendelf, and Josh Cinnamo, as they represented their city, state, and country
during the 2024 Paris Olympic and Paralympic games.
b. Proclamation for Manufacturing Month
Mayor Hellier proclaimed the month of October Manufacturing Month.
6. Consent Agenda
Motion was made by Wolter, seconded by Bermel, to remove item 6E Ordinance
Establishing Term Limits for City Boards and Commissions 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 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
Page 5 of 379
City Council Meeting Minutes
September 16, 2024
Page 2
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 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 Establishing Term Limits for City Boards and Commissions Council discussed their apprehension with 6-year term limits.
Motion was made by Lee, seconded by Bermel, to table this discussion to a future
meeting.
Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
b. Ordinance Amending Title 3, Chapter 24 and Title 11 of the City Code and
Summary Ordinances for Publication
Community Development Director Goodroad provided the background information on
Cannabis Management Ordinance.
The proposed ordinance amending Title 3, Chapter 24, provides requirements for
cannabis businesses, including retail registration requirements and processes,
performance standards, and an 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.
Page 6 of 379
City Council Meeting Minutes
September 16, 2024
Page 3
Motion was made by Lee, seconded by Wolter, to approve the ordinance amending
Titles 3 and 11 of the City Code and a summary ordinance for publication.
Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Wolter,
Nay: Volk disagreed on limiting the number of establishments.
Motion passed.
c. Lord of Life Church Comprehensive Plan Amendment
Pastor Matthew Thompson provided the background information on the request for 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.
Matt Frisbee, with Frisbee Properties, added that the requests would allow the
development of 5.76 acres of the 12-acre church property for the construction of 24 twin
home lots in 12 buildings on the south side of the church property.
Community Development Director shared the staff report and reminded the City
Council that if the comprehensive plan amendment and zoning map Amendment were
approved, City Council approval of a preliminary and final plat would be required
before development on the site.
The City Council asked questions related to ownership, acreage, and anticipated
exceptions.
Motion was made by Bermel, seconded by Volk, to approve a resolution amending the
2040 Comprehensive Land Use Map, and an ordinance amending the Zoning Map and
adoption of findings of fact for Lord of Life Lutheran Church.
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 Work Session Meeting September 23, 2024
b. Next Regular City Council Meeting October 7, 2024
11. Adjourn
Motion was made by Wolter, seconded by Bermel, to adjourn at 6:37 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 7 of 379
MINUTES
SPECIAL CITY COUNCIL MEETING
September 23, 2024 - 6:00 PM
Lakeville City Hall, Marion Conference Room
1.Call to order
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: Allyn Kuennen, Assistant City Administrator;
3.Action Item:
a.Resolution Approving Charitable Gambling for Lakeville Lions
City Council reviewed the request of the Lakeville Lion’s for a charitable gambling
permit.
Motion was made by Bermel and seconded by Volk, to approve the requested
permit.
Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, and
Wolter.
4.Adjourn
Motion was made by Volk, seconded by Lee, to adjourn at 6:05 p.m. Voice vote was taken
on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
Respectfully Submitted,
__________________________________
Allyn Kuennen, Assistant City Administrator
____________________________
Luke M. Heller, Mayor
Page 8 of 379
MINUTES
CITY COUNCIL WORK SESSION
September 23, 2024 - 6:10 PM
Lakeville City Hall, Marion Conference Room
1.Call to order, moment of silence and flag pledge
Mayor Hellier called the meeting to order at 6:10 p.m.
Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter
Staff Present: Allyn Kuennen, Assistant City Administrator; Julie Stahl, Finance Director;
Tina Goodroad, Community Development Director
2.Citizen Comments
No public comment.
3.Discussion Items
a.Economic Development Strategic Plan
Community Development Director, Tina Goodroad presented the final draft of the
Economic Development Strategic Plan. The strategic plan identifies specific goals,
strategies and actions which build upon unique strengths and distinct characteristics of
the city. Each of the goals focus on one or more priorities of the EDC which factor into
the economic health and enhanced vitality of the city. The strategic plan’s purpose is to
articulate a set of measurable strategic actions that facilitate development within the city
and provide guidance to staff on where to spend their time and city resources. The
council discussed the report and asked staff to better prioritize the goals, revise the
wording to provide flexibility in implanting the action items and to review the strategic
plan with the Finance Committee as needed.
b.Long-Term Financial Management Plan Update
Finance Director Julie Stahl and Tammy Omdal, Public Finance Manager of Northland
Strategies provided a summary of Northland’s work with the city to assist with an
update to the city’s Long-Term Financial Management Plan (LTP) for the city’s General
Fund, Debt Service Funds, and Capital Projects Funds.
The LTP provides an on-going guide for management of the funds. The LTP is not the
city budget; the annual budget is where decisions are made. The LTP is based on certain
assumptions that reflect a “snapshot” in time. Actual annual financial results for the City
will impact future updates to the LTP. The LTP is intended to provide a guide for
responding to changes in the economy, community, and events that will impact city
services including capital improvement plans.
Page 9 of 379
City Council Work Session Minutes
September 23, 2024
Page 2
The council discussed the model with some questioning the inclusion of the utility
franchise fees as the ordinance to implement the collection of the fees has not yet been
adopted by the City Council.
4.Items for Future Discussion
Council requested a report from Communications regarding the reception and readership of
the city’s quarterly newsletter.
5.Committee/ City Administrator Updates
Council Member Bermel provided an update on the latest Airlake Airport Commission
meeting.
Council Member Volk provided an update on the latest Arenas Board meeting.
Mayor Hellier prided an update on the latest Dakota County Mayors/Managers meeting and
the Regional Council of Mayors meeting.
6.Adjourn
Meeting adjourned at 8:09 p.m.
Respectfully Submitted,
__________________________________
Allyn Kuennen, Assistant City Administrator
____________________________
Luke M. Heller, Mayor
Page 10 of 379
Date: 10/7/2024
Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization and
Dakota County, and Supplemental Agreement for Professional Services with Kimley-Horn
for Launch Park Wetland Restoration
Proposed Action
Staff recommends adoption of the following motion: Move to approve a) Joint Powers
Agreement with the Vermillion Watershed Joint Powers Organization and Dakota County, and
b) Supplemental Agreement with Kimley-Horn for professional services, for Launch Park
Wetland Restoration, City Project 24-60.
Overview
The City, Dakota County and Vermillion River Watershed Joint Powers Organization
(VRWJPO) are partnering on a capital improvement project designed to restore an existing
wetland, City Project 24-60. The wetland is located within Outlot D, Airlake 70 First Addition,
adjacent to a waterway tributary to South Creek, and was historically used for agricultural
production. The project includes developing a wetland restoration design using best management
strategies that will result in improved wetland habitat and water quality, and reduced pollutant
loading to South Creek (a designated trout stream listed as impaired water for total suspended
solids). The completed project advances City water and natural resources initiatives and
contributes toward meeting MPCA required mandates relating to pollution reduction.
The Joint Powers Agreement establishes City, Dakota County and VRWJPO project
responsibilities and cost participation. The City is the lead agency in developing the wetland
restoration design, therefore the total project cost is reflected in this memo. The total estimated
cost is $36,750; the City's estimated cost is $11,875. The anticipated funding source for the
City's cost-share is the Environmental Resources Utility Fund. The balance of the cost will be
paid through Dakota County ($13,000) and VRWJPO ($11,875) funding.
Kimley-Horn's supplemental agreement includes the scope of services and estimated costs to
provide professional services, including design and permitting coordination, for City Project 24-
60 and is subject to the Master Services Agreement dated September 20, 2021.
Supporting Information
1. Joint Powers Agreement (Dakota County Contract No. DCA22015)
2. 2024.06.13 Kimley-Horn Supplemental Agreement
Page 11 of 379
Financial Impact: $36,750 Budgeted: Yes Source: Multiple Sources
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Maria Friedges, Environmental Resources Specialist
Page 12 of 379
Contract #DCA22015 Page | 1 of 7
Joint Powers Agreement
JOINT POWERS AGREEMENT
BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION,
THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE
FOR THE LAUNCH PARK WETLAND RESTORATION PROJECT PRELIMINARY ENGINEERING
DESIGN AND PERMITTING COORDINATION
WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively
exercise any power common to the contracting parties; and
WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed
management body consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River
Watershed Joint Powers Board (VRWJPB) and is charged with carrying out the duties set forth in Minn.
Stat. § 103B.211 to 103B.255 and as otherwise provided by law; and
WHEREAS, the County of Dakota (County) is a governmental and political subdivision of the State
of Minnesota; and
WHEREAS, the City of Lakeville (City) is a governmental and political subdivision of the State of
Minnesota; and
WHEREAS, South Creek (AUID 07040001-517) is located within the Vermillion River Watershed
and Dakota County and is included in the EPA’s 303d Impaired Waters List for Total Suspended Solids
(TSS); and
WHEREAS, the Vermillion River Watershed Restoration and Protection Strategy (WRAPS) Report
includes the implementation of sediment reduction and/or volume reduction Best Management Practices
within publicly owned lands in the South Creek subwatershed to reduce TSS loading in the Vermillion River;
and
WHEREAS, the Vermillion River Watershed Management Plan includes working with partners to
restore wetlands through revegetation for flood protection and pollutant filtration; and
WHEREAS, the City acquired Outlot D, Airlake 70 First Addition (Parcel), previously in agricultural
production, that drains to South Creek; and
WHEREAS, prior to City’s implementation of sediment reduction and/or volume reduction practices
within the Parcel, a wetland restoration design and applicable permitting through State agencies must be
completed (Project); and
WHEREAS, the City has entered into a contract with an engineering consultant to provide the
wetland restoration design, including construction plans and specifications, and obtain applicable permitting
necessary for the Project (City Project 24-60); and
WHEREAS, the total contract amount for the services to be provided by the City’s consultant for
wetland restoration design and applicable permitting for City Project 24-60 is $36,750 (Project Cost); and
WHEREAS, the VRWJPO, County, and City have agreed to cooperatively participate in the Project
and have funding available in their respective budgets to jointly participate in the Project Cost.
NOW, THEREFORE, in consideration of the mutual promises and benefits that the VRWJPO,
County, and City shall derive from this Agreement, the VRWJPO, County, and City hereby enter into this
Agreement for the purposes stated herein.
Page 13 of 379
Contract #DCA22015 Page | 2 of 7
Joint Powers Agreement
ARTICLE 1
PURPOSE
This Agreement defines the Project responsibilities and Project cost-sharing obligations of the VRWJPO,
County, and City.
ARTICLE 2
PARTIES
The parties to this Agreement are the VRWJPO, County, and City.
ARTICLE 3
TERM
This Agreement is effective upon the date of the signatures of the parties to this Agreement and shall remain
in effect until December 31, 2025, or until completion by the parties of their respective obligations under
this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of
this Agreement.
ARTICLE 4
COOPERATION
The VRWJPO, County, and City agree to cooperate and use their reasonable efforts to ensure prompt
implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of
any dispute in an equitable and timely manner.
ARTICLE 5
PROJECT PLANS
The City is the lead agency for administration of the Project, effective upon execution of this Agreement by
all parties. The VRWJPO, County, and City shall approve all wetland restoration design plans and
specifications (Project Plans) provided pursuant to the Project prior to any restoration activities occurring
on the Parcel.
ARTICLE 6
PAYMENT
6.1 The parties shall make the following contributions toward the Project Cost in accordance with the
following payment schedule in consideration of the benefit provided by restoration activities on the Parcel
in accordance with the Project Plans. The City will administer the consultant contract for the Project and act
as the paying agent for all payments to the consultant.
6.1.1 The County, by and through its Environmental Resources Department, shall contribute $13,000
toward the Project Cost.
6.1.2 The City shall contribute $11,875 toward the Project Cost.
6.1.3 The VRWJPO shall contribute $11,875 toward the Project Cost.
6.2 The City’s maximum eligible reimbursement is up to $24,875 when accounting for the VRWJPO
and County contributions.
6.3 No payment shall be made prior to approval of the Project Plans by the VRWJPO, County, and
City, and execution of this Agreement.
Page 14 of 379
Contract #DCA22015 Page | 3 of 7
Joint Powers Agreement
6.4 The VRWJPO and County shall pay the City their share of the Project Cost on a reimbursement
basis up to the maximum amounts identified in Sections 6.1.1 and 6.1.3. The City shall invoice the County
and VRWJPO for their share of Project Costs once the Project Plans are approved by the parties. The
VRWJPO and County shall make payment to the City within thirty-five (35) days of receipt of an invoice
from the City provided the invoice shall be supported by itemized Project receipts and invoices from the
City’s contracted consultant.
6.5 The VRWJPO and County may refuse to pay an invoice for services or fees not specifically
authorized by this Agreement. Payment of an invoice shall not preclude the VRWJPO and County from
questioning the propriety of the claimed services or fees. The VRWJPO and County reserve the right to be
repaid for any overpayment or disallowed claimed services or fees.
ARTICLE 7
OBLIGATIONS
7.1 AUTHORIZED PURPOSE. The funds provided under the terms of this Agreement may only be
used by the City for the payment of costs directly related to the Project.
7.2 CONTENT REQUIREMENTS. The Project shall be carried out according to the objectives outlined
in the City’s contract with its consultant. The VRWJPO, County, and City shall approve any modifications
to the scope of the Project.
7.3 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws,
statutes, ordinances, rules, and regulations in executing the Project.
ARTICLE 8
INDEMNIFICATION
Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results
thereof to the extent authorized by law and shall not be responsible for the acts of the other parties, or
officers, employees or agents or the other parties. The City agrees to defend, indemnify, and hold harmless
the County and VRWJPO against any and all claims, liability, loss, damage, or expense arising under the
provisions of this Agreement for which the City is responsible, including negligent acts or omissions of the
City and/or those of City employees or agents. All Parties to this Agreement recognize that liability for any
claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims
Law; Minnesota Statutes, Chapter 466. The City warrants that it can comply with the aforementioned
indemnity requirements through an insurance or self-insurance program and that it has minimum coverage
consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed
against any party, nothing in this Agreement shall be construed to allow a claimant to obtain separate
judgments or separate liability caps from the individual parties. This section shall survive the expiration or
termination of this Agreement.
ARTICLE 9
AUTHORIZED REPRESENTATIVES AND LIAISONS
9.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized
representatives of the parties for this Agreement. These persons have authority to bind the party they
represent and to consent to modifications, except that the authorized representative shall have only the
authority specifically or generally granted by their respective governing boards. Notice required to be
provided pursuant to this Agreement shall be made to the following named persons and addresses unless
otherwise stated in this Agreement, or an amendment of this Agreement:
Page 15 of 379
Contract #DCA22015 Page | 4 of 7
Joint Powers Agreement
TO THE VRWJPO: Mike Slavik or successor, Chair
Vermillion River Watershed Joint Powers Organization
4100 220th St. W #103
Farmington, MN 55024
Telephone: (651) 438-4427
mike.slavik@co.dakota.mn.us
TO THE COUNTY: Joe Atkins, Chair, or successor
Dakota County Board of Commissioners
1590 Highway 55
Hastings, MN 55033
Telephone: (651) 438-4430
joe.atkins@co.dakota.mn.us
TO THE CITY: Justin Miller, City Administrator, or successor
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Telephone: (952) 985-4400
jmiller@lakevillemn.gov
In addition, notification to the VRWJPO and County regarding termination of this Agreement by the City
shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings,
MN 55033.
9.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure
compliance and provide ongoing consultation, a liaison shall be designated by the VRWJPO, County and
City. The VRWJPO, County, and City shall keep each other continually informed, in writing, of any change
in the designated liaison. At the time of execution of this Agreement, the following persons are the
designated liaisons:
VRWJPO Liaison: Kelly Perrine
Senior Watershed Specialist
Telephone: (952) 891-7002
Email: kelly.perrine@co.dakota.mn.us
County Liaison: Cole Johnson
Water Resources Project Supervisor
Telephone: (952) 891-7539
Email: cole.johnson@co.dakota.mn.us
City Liaison: McKenzie Cafferty
Environmental Resources Manager
Telephone: (952) 985-4520
Email: mcafferty@lakevillemn.gov
ARTICLE 10
MODIFICATIONS
Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid
when they have been reduced to writing, approved by the parties’ respective Boards, or as delegated by
the parties’ respective Boards, and signed by the Authorized Representatives, or delegated authority, of
the VRWJPO, County, and City.
Page 16 of 379
Contract #DCA22015 Page | 5 of 7
Joint Powers Agreement
ARTICLE 11
TERMINATION
11.1 IN GENERAL. Any party may terminate this Agreement for cause by giving seven days’ written
notice or without cause by giving 30 days’ written notice of its intent to terminate, to the other parties. Such
notice to terminate for cause shall specify the circumstances warranting termination of the Agreement.
Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments
thereto. This Agreement may also be terminated by any of the parties in the event of a default by one party.
Notice of Termination shall be made by certified mail or personal delivery to the authorized representative
of the other parties. Termination of this Agreement shall not discharge any liability, responsibility or right of
any party, which arises from the performance of or failure to adequately perform the terms of this Agreement
prior to the effective date of termination.
11.2 TERMINATION FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to
the contrary, the VRWJPO, County, or City may immediately terminate this Agreement if it does not obtain
funding from the Minnesota Legislature, Minnesota Agencies, or other funding sources, or if it’s funding
cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. The
terminating body shall remain obligated to pay for any invoices received prior to any parties’ receipt of
written notice of termination for lack of funding. The remaining parties shall determine by majority vote
whether to continue this Agreement upon receipt of termination pursuant to this Section 11.2.
ARTICLE 12
MINNESOTA LAW TO GOVERN
This Agreement shall be governed by and construed under the substantive and procedural laws of the State
of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this
Agreement shall be venued in the County of Dakota, State of Minnesota. This section shall survive the
expiration or termination of this Agreement.
ARTICLE 13
MERGER
This Agreement is the final expression of the agreement of the parties and the complete and exclusive
statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or
agreements.
ARTICLE 14
SEVERABILITY
The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered
void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the
remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall
substantially impair the value of the entire Agreement with respect to any party.
ARTICLE 15
GOVERNMENT DATA PRACTICES
The VRWJPO, County, and must comply with the Minnesota Government Data Practices Act, Minn. Stat.
Ch. 13, as it applies to all data provided, created, collected, received, stored, used, maintained, or
disseminated under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the
data referred to in this clause by either the VRWJPO, County or City.
Page 17 of 379
Contract #DCA22015 Page | 6 of 7
Joint Powers Agreement
ARTICLE 16
SURVIVABILITY
The provisions of Article 8 (Indemnification) and Article 15 (Government Data Practices) survive the
expiration or termination of this Agreement.
ARTICLE 17
DEFAULT: FORCE MAJEURE
No party shall be liable to the other parties for any loss or damage resulting from a delay or failure to perform
due to unforeseeable acts or events outside the defaulting party’s reasonable control, providing the
defaulting party gives notice to the other parties as soon as possible. Acts and events may include acts of
God, acts of terrorism, war fire, flood epidemic, pandemic, acts of civil or military authority, and natural
disasters.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated
below.
VERMILLION RIVER WATERSHED DAKOTA COUNTY
JOINT POWERS ORGANIZATION
By:________________________________ By:_______________________________
Mike Slavik or successor, Chair Joe Atkins or successor, Chair
Date of Signature:____________________ Date of Signature:____________________
Approved as to form:
/s/ Brian J. Wisdorf 8/30/2024
Assistant Dakota County Attorney/Date
KS-24-503
VRWJPO Board Resolution: 40-39
Dakota County Board Resolution: 24-459
Page 18 of 379
Contract #DCA22015 Page | 7 of 7
Joint Powers Agreement
CITY OF LAKEVILLE
By:_______________________________
Luke M. Hellier or successor, Mayor
Date of Signature:____________________
By:________________________________
Ann Orlofsky, City Clerk
Date of Signature:____________________
Page 19 of 379
kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
June 13, 2024
Mr. McKenzie Cafferty
Environmental Resources Manager
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
RE: Wetland Restoration Plans
Dear Mr. Cafferty:
Kimley-Horn and Associates, Inc. (Kimley-Horn) is pleased to submit this proposal to the City of
Lakeville (City) for professional engineering services to assist the City in development of a Wetland
Restoration Plan for Parcel 221050000040 (21700 Galway Lane). Our proposed scope of services,
schedule, and fee are detailed below.
DocuSign Envelope ID: FA3C47AD-01D4-407D-82DD-FC1E542C3669
Page 20 of 379
Page 2
kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
SCOPE OF WORK
TASK 1 : SITE PLANS, SPECIFICATIONS, AND COST ESTIMATE
Kimley-Horn will prepare plans, specifications, and an opinion of probable cost for the proposed
wetland restoration work adjacent to the South Creek Tributary and Airlake 4th Development. It is
assumed that a 90% plan set will be completed for the project and is to consist of the following
sheets:
- Cover Sheet
- Construction Notes and Statement of Estimated Quantities
- Grading Plan
- Vegetation Establishment and Erosion Control Plan
Kimley-Horn will provide an opinion of probable cost based on the proposed scope of improvements.
Information is to include both construction and non-construction costs.
This task assumes up to one (1) round of comments by the Client prior to finalizing the wetland
restoration plan. If additional rounds of comments are needed, they may be completed as an
additional service.
TASK 2: HYDRAULIC DESIGN
Kimley-Horn will complete the hydraulic modeling for the area, applicable drainage/stormwater
conveyance exhibits, and documentation to be included in the wetland restoration application. This
task assumes up to one (1) round of comments by the Client prior to finalizing the hydraulic design. If
additional round of comments are needed, they may be completed as an additional service.
TASK 3:WETLAND RESTORATION PRE -APPLICATION
Kimley-Horn will attend and lead a pre-application meeting with the regulatory agencies to discuss the
proposed wetland restoration adjacent to the South Creek Tributary and Airlake 4th Development..
Kimley-Horn will prepare the meeting agenda, meeting materials and a meeting summary. The pre-
application meeting will be a virtual meeting. Information from the discussion with the agencies will
incorporated into the wetland restoration application.
TASK 4 : WETLAND RESTORATION APPLICATION AND RESPONSE
TO AG ENCY COMMENTS
Kimley-Horn will lead the preparation of the joint wetland application for the construction of the
wetland restoration. Kimley-Horn will prepare the application and applicable appendices for the
application. Kimley-Horn will respond to up to one round of comments from the client. Kimley-Horn
will submit the application for restoration to the regulatory agencies of behalf of the Client. This task
assumes Kimley-Horn will respond to up to two (2) rounds of comments from the regulatory agencies
on the wetland restoration application.
DocuSign Envelope ID: FA3C47AD-01D4-407D-82DD-FC1E542C3669
Page 21 of 379
Page 3
kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
TASK 5 : MEETINGS AND COORDINATION
Kimley-Horn will attend bi-weekly meetings with the Client to discuss work completed to-date,
upcoming work and a project status discussion. A meeting summary will be provided in email format
to the client. Kimley-Horn will prepare a task and agency coordination tracking spreadsheet to
provide to the client during the bi-weekly meetings. It is assumed up to two Kimley-Horn staff
members will attend each project meeting. This task assumes up to 40 hours. If additional time is
needed, it will be complete as an additional service.
SCHEDULE
Kimley-Horn assumes this work will start in July 2024 and will be completed in a mutually agreed-
upon schedule.
ESTIMATED COSTS
Kimley-Horn will provide the scope of services identified above on an hourly (cost plus) basis at an
estimated not-to-exceed cost as summarized below.
Task Number Task Description Fee
Task 1 Site Plans, Specifications and Cost Estimate $8,000
Task 2 Hydraulic Design $7,500
Task 3 Wetland Restoration Pre-application $1,500
Task 4 Wetland restoration Application and Response to Agency Comments $10,500
Task 5 Meetings and Coordination $7,500
Subtotal $35,000
Reimbursable Expenses $1,750
Total $36,750
DocuSign Envelope ID: FA3C47AD-01D4-407D-82DD-FC1E542C3669
Page 22 of 379
Page 4
kimley-horn.com 14800 Galaxie Avenue, Suite 200, Apple Valley, MN 55124 952 905 2887
We will complete the services detailed in this proposal in accordance with Kimley-Horn’s Master
Services Agreement with the City of Lakeville, dated September 20, 2021, on an hourly basis with a
not-to-exceed cost of $36,750 including all labor and reimbursable expenses. Labor fee will be billed
according to our current standard hourly rate schedule. Fees and times stated in this Proposal are
valid for 120 days after the date of this letter.
We appreciate the opportunity to submit this proposal and look forward to working with you on this
project. Please feel free to contact me if you have any questions.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Ashley Payne, CMWP Eric Fosmo, PE
Associate Vice President
Accepted by:
(Lakeville City Clerk)
Date:
Accepted by:
(City of Lakeville Mayor)
Date:
DocuSign Envelope ID: FA3C47AD-01D4-407D-82DD-FC1E542C3669
Page 23 of 379
Date: 10/7/2024
Proposal from St. Croix Recreation, Inc. for Kenmore Park Playground Equipment
Proposed Action
Staff recommends adoption of the following motion: Move to accept proposal from St. Croix
Recreation, Inc. for Kenmore Park playground equipment.
Overview
The Kenmore Park playground is over 22 years of age and has been budgeted to be replaced in
2024. The 2024 approved Park Improvement Fund includes $100,000 to replace the playground,
which consists of items such as the playground equipment, installation, concrete perimeter
curbing and engineered wood fiber. Staff has been working with St. Croix Recreation on the
design and components of the playground and presented two options online that residents in the
neighborhood could select as their preferred option. The playground shall be installed by
November 20, 2024.
At this time, Staff is recommending the Mayor and City Council approve the purchase of the
playground equipment from St. Croix Recreation, Inc. through the state contract in the amount
of $64,021.68. The installation of the playground will be completed by a separate contractor.
Supporting Information
1. St. Croix Recreation Proposal 9.16.24
2. Color Rendering of the Playground
Financial Impact: $64,021.68 Budgeted: Yes Source: Park Improvement Fund
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Mark Kruse, Parks Superintendent
Page 24 of 379
By signing estimate or authorizing by email or PO, purchaser is agreeing to billing terms as listed on the estimate. Order to include model number(s),
quantity and color(s) above including any supplemental documents provided and/or requested. Please verify all content for accuracy. **Those purchasing
off of the MN State Contract are bound only by the terms and conditions listed in said contract**
St. Croix Recreation Fun Playgrounds INC.
1826 Tower Dr W
Stillwater, MN 55082 USA
+16514301247
hannah@stcroixrec.com
Estimate ESTIMATE #7272
DATE 09/16/2024
ADDRESS
City of Lakeville
Email:
accountspayable@lakevillemn.
gov
SHIP TO
Kenmore Park
17020 Kenmore Dr
Lakeville, MN 55044
PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT.
ACTIVITY QTY RATE AMOUNT
BCI 100-189310-1
BCI Burke 2-5 and 5-12 Playground Equipment
1 69,075.00 69,075.00T
BCI 046-0536
Play Mat 3' X 5' X 2"
4 209.00 836.00T
STATE CONTRACTSTATE CONTRACT #218090 69,911 -0.12 -8,389.32T
Freight 1 2,500.00 2,500.00T
MATERIAL ITEMS AS QUOTED ARE GOOD FOR 30 DAYS. FREIGHT
QUOTES ARE GOOD FOR 15 DUE TO FUEL UNCERTAINTIES.
SALES TAX SUBJECT TO CHANGE. ADD IF NOT TAX EXEMPT OR
SUPPLY EXEMPTION CERTIFICATE IF NOT ON FILE.
PAYMENT TERMS ARE NET 30 DAYS UNLESS OTHERWISE NOTED.
FAILURE TO PAY IN A TIMELY MANNER WILL BE SUBJECT TO
INTEREST AT A RATE OF 1.5%/MONTH OR 18% ANNUALLY.
*LEAD TIMES AND SHIPPING DATES ARE BASED ON CURRENT
INVENTORY. PLEASE BE PATIENT AS OUR VENDORS NAVIGATE
SUPPLY CHAINS & NATIONAL SHORTAGES.
**FOR BIDDING CONTRACTORS & SUPPLIERS: ST CROIX
RECREATION IS NOT LIABLE FOR INTERPRETATION OF PROJECT
BIDS, DRAWINGS OR ADDENDA. IT IS THE CUSTOMER'S
RESPONSIBILITY TO VERIFY ACCURACY OF MODEL NUMBER(S),
DESCRIPTION(S), QUANTITY AND COLOR(S) DIRECTLY WITH END
USER
SUBTOTAL 64,021.68
TAX (0%)0.00
TOTAL $64,021.68
Accepted By Accepted Date October 7, 2024
By: __________________________________ Luke M. Hellier, Mayor
By: __________________________________ Ann Orlofsky, City Clerk
Page 25 of 379
Page 26 of 379
Date: 10/7/2024
Youth Advisory Commission Appointments
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution making
appointments to the Youth Advisory Commission.
Overview
In 2022 the City Council established the Youth Advisory Commission. Members are appointed
to two-year terms and advise the city council on matters of importance to the youth of Lakeville.
Over the summer the city advertised for applications and on September 23rd the City Council
interviewed seven candidates. The Council expressed interest in appointing all seven applicants,
bringing the total membership to nine members.
Attached to this report is a resolution appointing new and returning members to the Youth
Advisory Commission.
Supporting Information
None
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: A Sense of Community and Belonging
Report Completed by: Justin Miller, CIty Administrator
Page 27 of 379
CITY OF LAKEVILLE
RESOLUTION NO._________
YOUTH ADVISORY COMMISSION APPOINTMENTS
WHEREAS, the CIty of Lakeville has established a Youth Advisory Commission to advise the
City Council on matters of importance to Lakeville youth, and
WHEREAS, the City solicited applications and conducted interviews for the commission,
NOW THEREFORE, the City Council hereby makes the following appointments to the Youth
Advisory Commission:
Name Term Expiration
Faisal Ali 9/31/26
Imran Ali 9/31/26
Tiann Bochek 9/31/26
Addision Johnson 9/31/26
Zavieanna Johnson 9/31/25
Iftinta Mohamed 9/31/26
Faadumo Mohamed 9/31/26
Olivia Schmidt 9/31/25
Katie Sheehan 9/31/26
CITY OF LAKEVILLE:
_________________________
Luke M Hellier, Mayor
ATTEST:
_________________________
Ann Orlofsky, City Clerk
Page 28 of 379
Date: 10/7/2024
Accepting Donation from Lakeville Public Safety Foundation
Proposed Action
Staff recommends adoption of the following motion: Move to approve resolution to accept a
donation of a medical training manikin purchased by Lakeville Public Safety Foundation.
Overview
The Lakeville Fire Department submitted a grant request to the Lakeville Public Safety
Foundation (LPSF) to assist with purchasing an advanced adult medical training manikin. This
manikin enables firefighters to practice a wide range of critical patient care skills, including
airway management, ventilation, IV placement, and Electrocardiogram (ECG) interpretation for
AED and heart monitor training. It provides real-time feedback on vital signs, heart rhythms,
and respiratory functions, allowing our staff to hone the intervention skills necessary for
effective emergency response. While the cost of this manikin is significant, it will be an
invaluable training tool, ensuring our firefighters are thoroughly prepared to deliver the highest
quality service to our community. The value of the training manikin is $24,626.96
Supporting Information
1. LPSF Grant AED.Adult Manikin
Financial Impact: $0.00 Budgeted: No Source:
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: Michael Meyer, Fire Chief
Page 29 of 379
CITY OF LAKEVILLE
RESOLUTION NO._________
ACCEPTING DONATION FROM LAKEVILLE PUBLIC SAFETY FOUNDATION
WHEREAS, MN Statute 465.03 requires that cities accept donations for the benefit of its
citizens in accordance with the terms prescribed by the donor; and
WHEREAS, the City of Lakeville’s Fire Department has received a donation of the purchase of
medical training manikin from Lakeville Public Safety Foundation; and
WHEREAS, the donation is beneficial to the fire department.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota that the donation is hereby officially accepted and acknowledged with gratitude to the
donor; and
BE IT FURTHER RESOLVED that City staff is authorized to amend the budget to comply
with
grant agreements and restricted donations.
CITY OF LAKEVILLE:
_________________________
Luke M Hellier, Mayor
ATTEST:
_________________________
Ann Orlofsky, City Clerk
Page 30 of 379
1
The purpose of the Lakeville Public Safety Foundation is to promote public safety and provide financial assistance
to enhance the capabilities of the Lakeville Police and Fire Departments.
Date of Grant Application: August 23,2024
Submit electronically to: info@lpsfmn.org
or send a copy to: LPSF
P.O. Box 1526
Lakeville, MN 55044
Lakeville Fire Department
Name of organization
9465 185th Street West Lakeville, MN 55044
Address
952-985-4700
Phone Fax Website
Mike Meyer Fire Chief 952-985-4701 mmeyer@lakevillemn.gov
Name of Staff Executive Title Phone E-mail
Todd Sellner Asst. Fire Chief 952-985-4702 tsellner@lakevillemn.gov
Name of Contact Person Title Phone E-mail
Is your organization an IRS 501(c) (3) not-for-profit? __________Yes _____X______No
If no, is your agency a public agency/gov’t? ____X______Yes ___________No
If no, check with funder for details on using fiscal
agents and list name and address of fiscal agent:
______________________________________________________________________________ ________________
Name Fiscal agent’s EIN#
______________________________________________________________________________
Address
LPSF Grant Application
Page 31 of 379
2
Proposal Information
Write an executive summary that describes how this grant will help the Lakeville Public Safety Foundation
achieve its mission “to promote public safety by enhancing the capabilities of the Lakeville Police Department and
Lakeville Fire Department”.
Please include the following:
•Brief description of the project
•Expected outcomes
•Who the project serves and why it is important
•How the funds will be spent
Dollar amount requested: $29,263.40
Total annual organization budget: $2,894,408
Total project budget: $29,263.40
Organization Information
Provide background on your organization:
•State your mission and goals
•Summarize your organization’s history
•Outline the organization’s current programs and activities
•Highlight the recent accomplishments
Purpose of Grant
Project, program and operating funds requests:
•Problem and need. Identify the problem to be addressed and the needs to be met by the project. What
unique services would the community be deprived of if you do not undertake this project?
•Program/Project Goal. Describe the goals and overall impact of the project or program.
•Program/Project. Describe your program objectives relating to this grant application, activities,
strategies, time lines and explain how the grant will enable you to address the problem or need. Is this a
new or continuing project?
•Project timeframe. Over what period of time will the funds be utilized?
•Utilization. Number of individuals to benefit from funds.
Evaluation
Outcomes. Describe the proposed program/project outcomes. What outcomes do you want to produce by the
end of the grand period? How do these outcomes support the mission of the LPSF?
Measurements. Outline your plan to document progress and results. How will you measure expected
outcomes and the effectiveness of your activities?
Grant applications will be reviewed within 60 days of receipt.
Questions? Please contact Shanen Corlett at info@lpsfmn.org or 612-799-8375
Page 32 of 379
3
The mission of the Lakeville Department is: “The Lakeville Fire Department is dedicated to serving the community
through the protection of lives and property by providing public safety education and professional emergency
response.” Since 1884 the Lakeville Fire Department has been working towards the successful accomplishment of
this mission. The purpose of this grant request is to provide funding to purchase AED trainers and a Simulaids Adult
ALS Trainer.
The cost of the grant is to cover:
1. 4 AED trainers and accessories that are used for both internal and public training on CPR and AED. -
$574.50
2. 1 Adult ALS Trainer with two arms - $28,688.90
As a department we strive to provide the best services to our community, over 60% of our responses are to medical
emergencies. Funding of this grant will help our firefighters by expanding and refining our skills in response to
medical emergencies as it relates to cardiac incidents. Sudden Cardiac Arrest (SCA) affects 350,000 plus people each
year, only 1 in 10 survive SCA. For every minute that CPR/AED is delayed reduces the chances of survival by 10%.
The AED trainers are used to provide frequent training to our firefighters, so they are proficient in their skills when
working a SCA patient. They will also be used for teaching these valuable skills to members of our community that
request classes. In 2024 we have taught 5 classes to various groups in our community using AED trainers that were
handed down from the LPD and are in need of replacement.
The second part of the grant will fund the purchase of an advanced adult ALS (Advanced Life Support)
trainer. This manikin enables firefighters to practice a wide range of critical patient care skills, including airway
management, ventilation, IV placement, and Electrocardiogram (ECG) interpretation for AED and heart monitor
training. It provides real-time feedback on vital signs, heart rhythms, and respiratory functions, allowing our staff to
hone the intervention skills necessary for effective emergency response. While the cost of this manikin is significant,
it will be an invaluable training tool, ensuring our firefighters are thoroughly prepared to deliver the highest quality
service to our community. Below are 2 videos of capabilities of the manikin.
https://www.youtube.com/watch?v=fp0wRF7QuRY
https://www.youtube.com/watch?v=Ei-ex13OZyA
Thank you for your consideration.
Page 33 of 379
Date: 10/7/2024
Resolution Calling Public Hearing - Special Service Dist No.1
Proposed Action
Staff recommends adoption of the following motion: Move to approve Resolution Calling a
Public Hearing Relating to the Imposition of a Service Charge for Special Service District No. 1
Overview
On July 6, 1998, the City Council approved Ordinance 631 establishing a Special Service
District No. 1. The Special Service District Advisory Board has not submitted a budget for the
period of July 1, 2025 to June 30, 2026. It is anticipated that the Board will request a zero
special service charge payable in 2025. The Board has not requested a special service charge for
the past six years (2019 through 2024). The purpose of still holding this hearing is to keep the
District active in the event the Board would like to request a special service charge in the
future. Approval of the motion will result in a public hearing on November 4, 2024.
A notice will be posted in the SunThisweek for the public hearing and mailed/emailed to each
business organization subject to a service charge within this district. For consistency purposes
with prior years, the resolution being considered for approval contains language as if a service
charge would be considered and approved.
Minnesota Statute 428A.03 requires that a public hearing must be conducted each calendar year
with notices mailed to each business organization subject to the service charge. After the public
hearing is conducted, and the resolution is adopted, the amounts will be certified to the Dakota
County Treasurer/Auditor for collection with taxes payable in 2025.
The Special Service District is subject to Minnesota Statutes 428A and City of Lakeville
Ordinance 631.
Supporting Information
1. Res Calling Public Hearing Downtown Special Services District 1
Financial Impact: $TBD Budgeted: No Source: Special Service Charge Levy
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Julie Stahl, Finance Director
Page 34 of 379
CITY OF LAKEVILLE
RESOLUTION NO. ________
Resolution Calling a Public Hearing Relating to the Imposition of a Service Charge
for Special Service District No. 1
WHEREAS, the Downtown Lakeville Business Association will be adopting a proposed
budget and requesting the imposition of a service charge to be collected with taxes payable
in 2025; and
WHEREAS, Minnesota State Statutes require that a public hearing be conducted each
calendar year with notices mailed to each business organization subject to the service
charge.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Lakeville, Minnesota,
that a public hearing will be conducted at 6:00 pm on Monday, November 4, 2024 relating
to the proposed budget for the Special Service District No. 1 and imposing a service charge
thereon.
ADOPTED by the Lakeville City Council this 7th day of October 2024.
CITY OF LAKEVILLE
By: ________________________________
Luke M. Hellier, Mayor
________________________________
Ann Orlofsky, City Clerk
Page 35 of 379
Date: 10/7/2024
Agreement with Xcel Energy for Street Light Replacement on Ideal Way
Proposed Action
Staff recommends adoption of the following motion: Move to Approve Agreement with Xcel
Energy for Replacement of Street Lights on Ideal Way.
Overview
Three street lights on Ideal Way are not working and should be replaced. The street lights on
Ideal Way are over 25 years old and are past their service life. The city contracts with the two
electric power utility companies to maintain all street lights in the right-of-way. The street lights
on Ideal Way are in the Xcel Energy territory. Xcel Energy submitted an agreement to replace
the three streetlights through the prepay option rate in the amount of $15,181.00 which pays for
the cost of street light replacement. The City would still pay for the monthly electricity and
maintenance charge but would have the street lights maintained for 25 years.
The work includes:
• Install (3) 18 ft. direct buried fiberglass poles and (3) LED traditional fixtures
• Install 350' of cable and conduit by boring
• Restoration (black dirt and seed) is included
Supporting Information
1. Xcel Agreement
Financial Impact: $15,181 Budgeted: Yes Source: Utility Street Light Fund
Envision Lakeville Community Values: Safety throughout the Community
Report Completed by: Paul Oehme, Public Works Director
Page 36 of 379
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
Page 1 of 5
Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
Construction Agreement
For Street Lighting Facilities
The customer identified below ("Customer") and Northern States Power Company, a Minnesota Corporation and wholly
owned subsidiary of Xcel Energy Inc. ("Xcel Energy" or "Company") agree to this Construction Agreement for Street
Lighting Facilities, including the attached Terms and Conditions, for the following street light facilities:
Customer: City of Lakeville
Mailing Address: 20195 Holyoke Ave
Mailing City: Lakeville State: MN Zip Code: 55044
Project charges of: Fifteen thousand one hundred eighty-one dollars and 00/100 Dollars: $15,181.00
In accordance with the following terms of payment: Payment due 30 days after construction is completed.
For Association or City of: City of Lakeville will be billed monthly rate after installation. Account #5924012.
Streetlights/Facilities Location(s): Ideal Way, Lakeville, MN 55044.
Rate Code: A30 Pre-Pay Option 30-40W LED (4,000 Lumens, Labeled “B”). Current monthly rate is $5.59 per luminaire.
Service consisting of: Pre-Pay Option rate includes electricity and maintenance for 25 years from installation.
Terms and Conditions listed in: MN ELECTRIC RATE BOOK RULES FOR APPLICATION OF STREET LIGHTING RATES.
Installation of Company Owned streetlight facilities consisting of:
Designation of Lamps:
Install (3) 18 ft. poles and Traditional fixtures.
Install underground cable and conduit by bore.
Install 350’ #6 UG duplex secondary cable and 350’ 1½ conduit.
City is responsible for staking pole locations prior to installation.
City is responsible for removing their existing streetlights.
Restoration (black dirt and seed) included in this contract.
Number of Luminaries:
3- Traditional fixtures (4,000 lumens)
Fixture Color – Dark Bronze
3- 18 ft. direct buried fiberglass poles
Pole Color – Dark Bronze
Project charges valid for 60 days from signing of contract.
Customer and Xcel Energy agree to the attached terms and conditions for the installation and moving of the facilities
identified above. Customer and Xcel Energy agree that the operation of the facilities shall be subject to the General Street
Lighting Contract for Operations & Maintenance Services between Customer and Xcel Energy, dated.
Dated this _________ day of _______ 20 ________
Dated this _________ day of _______ 20 _______
Customer:
City of Lakeville
Xcel Energy
By:
By:
Title:
Title:
Christie A. Black, Operations Manager –
Minnesota as authorized agent for Northern
States Power Co.
XCEL ENERGY USE ONLY Date:
09/26/24
Div:
Newport
Xcel Energy Outdoor Project Coordinator: Angela Adesoro
Xcel Energy Project Number: SAP Notification #14794825
Customer Charges Paid:
Page 37 of 379
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
Page 2 of 5
Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
TERMS AND CONDITIONS
Customer and Company agree to the following terms and conditions:
1. Acceptance. Execution of this Agreement constitutes Customer's acceptance of the express terms of Company’s
proposal and the offer contained therein, which are included and incorporated into this Agreement. Any additional or
different terms proposed by Customer, or any attempt by Customer to vary in any degree any of the terms in this
Agreement in Customer’s acceptance, are hereby objected to and rejected, and (i) such additional or different terms
shall not operate as a rejection of the incorporation of the Company's proposal in this Agreement unless such
variances are with respect to terms involving the description, quantity, or delivery schedule of the Work to be
performed by Company as described in Company’s proposal ("the Work” means the supplying of any labor, materials,
or any other work of Company expressly described in Company’s proposal); (ii) such additional or different terms shall
be deemed a material alteration hereof; and (iii) Company’s proposal shall be deemed accepted by Customer and
incorporated into this Agreement without said additional or different terms.
2. Request for Installation; Rights. Customer requests that Company install outdoor lighting at the location(s)
designated on page one and/or as shown on the attached exhibit. Customer grants Company any right, privilege,
and easement to install, operate and maintain its facilities, including underground facilities, on the property.
3. Installation Requirements. Customer agrees that, prior to Company starting work: (1) the route of Company’s
service installation shall be accessible to Company’s equipment; (2) Customer will remove all obstructions from
the route at no cost or expense to Company; (3) Customer will clearly mark all septic tanks, drain-fields, sprinkler
systems, water wells, owner-installed electric or pipeline facilities, or other Customer-owned facilities in the
installation route; and (4) the ground elevation along the route shall not be above or more than four inches below
the final grade. Company will contact the appropriate agency to locate third party utility facilities (phone, cable,
etc.) on Customer property. Customer agrees Company is not responsible for damage to Customer-owned
underground facilities not marked at the time of outdoor lighting service installation.
4. Installation Cost Contribution. Customer agrees to pay an installation cost contribution provided in Project
Charges on page one. Customer is responsible for any additional installation costs incurred by Company because
of (1) soil conditions that impair the installation of underground facilities, such as rock formations, etc., (2) extensive
existing underground facilities, and (3) any existing conditions that exist but did not exist at the time the installation
cost was determined, such as new sidewalks, curbing, black top, paving, sod or other landscaping and obstructions
along the cable route.
5. Winter Construction Charges. When underground facilities are installed between October 1 and April 15,
inclusive, because of failure of Customer to meet all requirements of the Company by September 30, or because
the Customer's property, or the streets leading thereto, are not ready to receive the underground facilities by such
date, such work will be subject to a Winter Construction Charge when winter conditions of six inches or more of
frost exist, snow removal or plowing is required to install service, or burners must be set at the underground facilities
in order to install service for the entire length of the underground service. Winter construction will not be undertaken
by the Company where prohibited by law or where it is not practical to install underground facilities during the
winter season. The charges apply to frost depths of eighteen” or less. At greater frost depths, the Company may
individually determine the job cost. The Company also reserves the right to charge for any unusual winter
construction expenses. All winter construction charges are non-refundable and are in addition to any normal
construction charges.
6. Schedule; Delays. Quoted shipping and completion dates are approximate and are based on prompt receipt of
all necessary information and approvals from Customer and access as required by Company and its contractors
or subcontractors (if any) to the site and to the equipment which is the subject of this Agreement. If Company’s
performance is delayed by Customer's suspension of work, in whole or in part, or by any act or omission of Customer,
the time for performance will be extended by the period required by Company to return to the state of performance
that existed before the delay. If the delay or suspension continues for sixty (60) days, Company has the right to cancel
or renegotiate the Agreement. Customer will pay an equitable adjustment based on a claim submitted by Company
for all reasonable costs, damages and expenses incurred by Company incident to the delay or suspension.
Page 38 of 379
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
Page 3 of 5
Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
7. Changes. The prices for any extras or changes to the scope of the Work or modifications to the payment or
performance schedule will be agreed upon in writing before either party will be obligated to proceed with such
changes. Performance of any change will not waive any claims for equitable adjustment in price or schedule.
8. Relocating Facilities. Customer agrees to pay the cost of relocating any portion of facilities, including underground
facilities, to accommodate Customer or as required due to altering of grade, additions to structures, installation of
patios, decks, gardens, sidewalks, curbing, paving, blacktop, sod, landscaping, or any other condition which makes
maintenance of the Company’s facilities impractical. Company shall notify Customer of such relocations prior to
incurring relocation costs.
9. Environmental. Prior to the start of the Work, Customer will provide notice of any hazardous materials or
hazardous situations that it is aware of with respect to the facilities where the Work is to be performed or that could
affect the Work. In the event Company encounters the existence of asbestos, asbestos containing materials,
formaldehyde, lead, or potentially toxic or otherwise hazardous material in the performance of the Work, the
discovery thereof shall constitute a cause beyond Company’s reasonable control and Company shall have the
right to cease or not commence the Work until the area has been made safe by Customer or Customer’s
representative, at Customer’s expense.
10. Restoration. Company will restore any excavation of the boulevard on Customer’s property with existing soil, so
it is level and clean. Customer is responsible for the final compacting, loam, seeding, sod, or watering of the
boulevard at Customer’s expense unless otherwise noted on page one of this Agreement.
11. Additional Charges. In addition to the project charges on page one of this Agreement, Company shall be
compensated for any added costs of performing the Work attributable to any one or more of the following: (i) any
and all extras and change orders and any and all other additional work mutually agreed by Customer and
Company; (ii) any and all costs and expenses related to asbestos or other environmental matters, any unforeseen
conditions or any changes in the law; and (iii) any and all added costs and expenses of performing the Work
attributable to any change by Customer in the criteria or information for the facility or to any delay or breach by
Customer or its subcontractors.
12. Operations; Maintenance. Customer requests and authorizes Company to provide illumination and maintain the
street lighting facilities under the Terms and Conditions as described in Customer’s General Street Lighting
Contract for Operations & Maintenances Services with Company, which shall be effective upon the completion
date of the street light installation.
13. Payments. Unless otherwise specified in Company’s proposal, Company may at its option invoice Customer upon
completion of the Work or invoice Customer monthly for construction work performed under this Agreement. Customer
shall pay Company all invoiced amounts within thirty (30) days of receipt of invoice.
14. Termination. Customer may terminate the Agreement only upon written notice to Company and payment to
Company for all (i) services and Work rendered or performed to the effective date of such termination; (ii) materials,
supplies and equipment purchased prior to the effective date of such termination; and (iii) costs incurred by
Company because of such termination. To the extent that Company uses the materials, supplies, or equipment on
other projects or for maintenance purposes, Customer will not be charged for them.
15. Warranties. Company shall perform the Work in a safe and professional manner in accordance with all applicable
codes, standards, regulations, and laws. Company shall repair, replace, or correct to Customer’s satisfaction all faulty
or substandard work or defects in materials which appear within ninety (90) days from the date of completion of the
Work. Acceptance of the Work or payment by Customer shall not affect this obligation. THE WARRANTIES SET
FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL STATUTORY OR IMPLIED
WARRANTIES (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR ANY IMPLIED
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE).
16. Limitation of Remedies. IN NO EVENT, WHETHER BASED ON CONTRACT, INDEMNITY, WARRANTY, TORT
(INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL COMPANY BE LIABLE TO
CUSTOMER FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE. In no event whatsoever shall Company
Page 39 of 379
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
Page 4 of 5
Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
ever be liable to Customer for any damages or other amounts (including, without limitation, direct or actual damages),
whether arising in contract or tort (including, without limitation, negligence) or otherwise, under or in connection with
this Agreement or the Work, in an amount, in the aggregate, in excess of the total price paid for the Work; any and all
claims for damages in excess of such amount being hereby forever waived and released by Customer; provided,
however, that nothing contained in this sentence shall waive or limit any direct damages which Customer may suffer
on account of Company’s gross negligence or willful misconduct.
17. Force Majeure. Neither party will be liable to the other for any delay or failure to perform due to any cause beyond
its reasonable control, including fire, flood, strike or other labor difficulty, act of God, or act of any governmental
authority. The party experiencing the force majeure will notify the other party promptly, and appropriate adjustments
will be negotiated. In the event of delay in performance due to force majeure, the date of delivery or time for
completion will be extended by a period necessary to overcome the effect of such delay, provided that if such delay
continues for 60 days the party not experiencing the force majeure may terminate this Agreement.
18. Document Approval. Company may request that Customer review documents developed by Company for
conformity with Customer requirements or specifications. Unless Customer advises Company otherwise in writing
within fifteen (15) days after Company’s submission, Company may consider the documents approved and
proceed with work. Changes, thereafter, made at the direction of Customer, will entitle Company to adjustment by
change order.
19. Documentation and Proprietary Information. Customer will provide Company with accurate and complete
information to permit Company to successfully undertake and complete the Work. Company shall not be prohibited
from disclosure or use of proprietary or confidential information or documents necessary for Company to secure or
maintain in effect any license or permit, or otherwise to complete the Work. Where Customer information is incomplete
or incorrect, resulting in delay or extra work, Company will be entitled to adjustment by change order.
20. Work Product. All reports, drawings, plans, specifications, calculations, studies, software programs, tapes,
models, and memoranda, if any, assembled or prepared by Company or Company’s affiliates, independent
professional associates, agents, consultants, contractors, or subcontractors pursuant to this Agreement are
instruments of service in respect of the Work, and Company shall retain all ownership and property interest therein,
whether or not the Work is completed. Customer may make and retain copies for information and reference in
connection with the Work; provided, however, that it is understood and agreed that such documents are not
intended to be re-used by Customer or others on extensions of the project or on any other project or any other
purpose other than as expressly set forth in this Agreement, and Customer shall not re-use or disclose to any third
party all or any portion of such work product without the express prior written consent of Company.
21. Customer Facilities. Company does not assume any responsibility for the adequacy, safety, or satisfactory
performance of Customer's facilities. Customer shall, to the fullest extent permitted by law, indemnify, defend, and
hold harmless Company and its officers, directors, agents, employees, and representatives from and against any
and all losses, claims, damages, expenses (including attorneys' fees and costs) arising, for any reason whatsoever,
out of the failure, non-operation or faulty performance of Customer's facilities (except to the extent of Company’s
gross negligence or willful misconduct).
22. Subcontracting. Company may subcontract any portion or all the Work without the approval of Customer.
23. Independent Contractor. Nothing contained in this Agreement, nor any acts of the parties shall be construed to
create the relationship of principal and agent, or of limited or general partner, or of joint venture or of any association
between or among the parties to this Agreement, except that of owner and independent contractor.
24. Title; Rights of Access. Customer warrants that it has fee simple title to the property. Customer hereby grants to
Company the right to enter and improve the real property for the purposes stated herein.
25. Ownership. Customer shall acquire no right, title, or interest in any portion of the Work or Company’s equipment,
or facilities placed in, on, over, through and/or under the real property by Company. The Work constructed and
installed by Company on the real property of Customer shall be and mean the private property of Company, shall
not be considered a fixture of the property, shall not attach to the realty, and shall not be alienable or lienable by
Page 40 of 379
Northern States Power Company, a Minnesota corporation and wholly owned subsidiary of Xcel Energy Inc.
Page 5 of 5
Outdoor Lighting
825 Rice Street
St. Paul, MN 55117
Customer or any other party. Further, Company may remove, repair, and replace the Work and its component
system and equipment at any time without notice in Company’s sole and absolute discretion.
26. Other. It is agreed that failure by Customer or by Company at any time or from time to time to enforce any of the
provisions of this Agreement shall not be construed to be a waiver of such provision or of Customer's right or
Company’s right, respectively, to thereafter enforce every provision hereof. This Agreement contains, with respect
to the specific services to be performed by Company, the entire understanding of the parties, and shall supersede
any other oral or written agreements and be binding upon and inure to the benefit of the parties' successors and
assigns. This Agreement may not be modified in any way without the written consent of both parties. If any provision
of this Agreement is determined by a court to be unenforceable, then such provision will be deemed invalid, but
the remaining provisions shall be enforceable according to their terms. This Agreement shall be construed and
interpreted in accordance with the internal laws of the State of Minnesota (as opposed to conflicts of law’s
provisions) as though all acts and omissions contemplated hereby or related hereto occurred in Minnesota. No
course of prior dealing, usage of trade and course of performance shall be used to modify, supplement, or explain
any terms of this Agreement. Neither Party will assign or otherwise transfer its rights or obligations hereunder, in
whole or in part, without the advance written consent of the other. Notwithstanding the above, Company may
assign its rights or obligations to any of its affiliates without the written consent of Customer.
27. Governing Law. The Terms and Conditions provided herein and the rights of all the parties hereunder shall be
construed under and governed by the laws of the State of Minnesota.
Page 41 of 379
Date: 10/7/2024
Joint Powers Agreement Regarding Internet Crimes Against Children
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Resolution approving
the State of Minnesota Join Powers Agreement with the City of Lakeville on behalf of its Police
Department regarding the Minnesota Internet Crimes Against Children Task Force (ICAC).
Overview
Internet crimes, specifically against children, require specialized training and equipment. This
Joint Powers Agreement provides access to training, equipment and investigative resources as
well as reimbursement for some of these activities. The City of Lakeville Police Department has
participated in the ICAC program for six or more years and continue to utilize this program to
protect children in Lakeville.
This item was previously approved by the city council on August 19th, but the wrong agreement
was inadvertently attached.
Primary Issues to Consider
• The Lakeville Police Department is required to investigate crimes occurring in our
city. This JPA provides training, equipment and software needed for those
investigations.
• Specific training and techniques are required to perform these investigations. This JPA
provides access to the specific training needed to investigate crimes against children.
Supporting Information
• Joint Powers Agreement reviewed by the City Attorney
Supporting Information
1. 243555 BCA ICAC JPA Lakeville PD - Signature Required
Page 42 of 379
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: Brad Paulson, Chief of Police
Page 43 of 379
CITY OF LAKEVILLE
RESOLUTION NO._________
JOINT POWERS AGREEMENT REGARDING INTERNET CRIMES AGAINST
CHILDREN
WHEREAS, the City of Lakeville on behalf of its Police Department desires to enter into Joint
Powers Agreements with the State of Minnesota, Department of Public Safety, Bureau of
Criminal Apprehension to utilize applicable state and federal laws to investigate and prosecute
crimes committed against children and the criminal exploitation on children that is committed
and/or facilitated by or through the use of computers.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota as
follows:
1. That the State of Minnesota Joint Powers Agreements by and between the State of Minnesota
acting through its Department of Public Safety, Bureau of Criminal Apprehension and the City
of Lakeville on behalf of its Police Department, are hereby approved. A Copy of the Joint
Powers Agreement is attached to this Resolution and made a part of it.
2. That Police Detective Brad Wubben or his or her successor, is designated the Authorized
Representative for the Police Department. The Authorized Representative is also authorized to
sign any subsequent amendment or agreement that may be required by the State of Minnesota to
maintain the City’s connection to the systems and tools offered by the State.
3. That Luke Hellier, the Mayor for the City of Lakeville, and Ann Orlofsky, the City Clerk,
are authorized to sign the State of Minnesota Joint Powers Agreements.
CITY OF LAKEVILLE:
_________________________
Luke M Hellier, Mayor
ATTEST:
_________________________
Ann Orlofsky, City Clerk
Page 44 of 379
SWIFT Contract Number: 243555
ORI: MN0191100
1
ICAC JPA Template (revised April 2024)
STATE OF MINNESOTA
JOINT POWERS AGREEMENT
MINNESOTA INTERNET CRIMES AGAINST CHILDREN TASK FORCE
This Joint Powers Agreement (“Agreement”) is between the State of Minnesota, acting through its Commissioner of Public
Safety on behalf of the Bureau of Criminal Apprehension (“BCA”), and the “City of Lakeville on behalf of its Police
Department at 9237 183rd Street, Lakeville, MN 55044” (“Governmental Unit”). The BCA and Governmental Unit may be
referred to jointly as “Parties”.
Recitals
Under Minnesota Statutes, § 471.59, the BCA and the Governmental Unit are empowered to engage in agreements that
are necessary to exercise their powers. The parties wish to work together to investigate and prosecute crimes committed
against children and the criminal exploitation of children that is committed and/or facilitated by or through the use of
computers, and to disrupt and dismantle organizations engaging in these activities. The Governmental Unit wants to
participate in the Minnesota Internet Crimes Against Children (ICAC) Task Force and be provided reimbursement of the
following: equipment, training, and expenses (including travel and overtime) as are incurred by law enforcement as a
result of ongoing investigations.
Agreement
1. Term of Agreement
1.1 Effective Date. This Agreement is effective on the date BCA obtains all required signatures pursuant to
Minnesota Statutes, § 16C.05, subdivision 2.
1.2 Expiration Date. This Agreement expires five years from the date it is effective unless terminated earlier
pursuant to clause 12.
2. Purpose
The Governmental Unit and BCA enter into this Agreement to implement a three-pronged approach of prevention,
education and enforcement to combat internet crimes against children. This Agreement provides the mechanism to
reimburse the Governmental Unit for equipment, training and expenses (including travel and overtime), which are
incurred by law enforcement as a result of these investigations.
3. Standards
The Governmental Unit will adhere to the ICAC Program standards identified below.
3.1 Investigate activities related to internet crimes and the exploitation of children through the use of computers.
3.2 Investigate organizations to disrupt and dismantle crimes committed against children.
3.3 Investigators will follow appropriate state and/or federal laws in obtaining arrest warrants, search warrants and
civil and criminal forfeitures. Investigators will follow proper legal procedures in securing evidence, including
electronic devices.
3.4 Investigators will understand and use appropriate legal procedures in the use of informants including
documentation of identity, monitoring of activities, and use and recordation of payments.
3.5 Investigators will use, as appropriate, the most current investigative technologies and techniques.
3.6 Investigators must be licensed Minnesota peace officers.
Page 45 of 379
SWIFT Contract Number: 243555
ORI: MN0191100
2
ICAC JPA Template (revised April 2024)
3.7 Investigators will comply with the guidelines of the Department of Justice Internet Crimes Against Children
Program Operational and Investigative Standards.
4. Responsibilities of the Governmental Unit and the BCA
4.1 The Governmental Unit will:
4.1.1 Government Unit must submit Performance Measure data to the ICAC DataSystem (IDS) by the end of
each month for the duration of this Agreement. The BCA must fulfil as a recipient of the Office of
Juvenile Justice Delinquency Prevention (OJJDP) grant award for MN ICAC Task Force in partnering
with law enforcement agencies. Failure to timely provide the OJJDP with Performance Measure data
may jeopardize the BCA’s future grant qualifications as well as result in the delinquent law enforcement
agency’s denial to participate in MN ICAC Task Force.
4.1.2 Assign a Governmental Unit point of contact to act as the liaison between it and the BCA ICAC Project
Commander to assist in reimbursement deadlines.
4.1.3 Submit an ICAC reimbursement request for pre-approval of funds. This request shall include a
description of the item requested for reimbursement and an explanation of how it qualifies under the
required criteria in Clauses 3.1 and 3.2 and an operational plan.
4.1.4 Conduct investigations in accordance with provisions of the ICAC Operational and Investigative
Standards, identified in Clause 3.7 above, and conclude the investigations in a timely manner.
4.1.5 Allow BCA to inform participating agencies of potential case connections based on data submitted to
BCA through the ICAC Program.
4.1.6 Not comingle ICAC funds with any other existing federal or state grant funded overtime or additional
local Governmental Unit funding.
4.2 The BCA will:
4.2.1 Provide a Special Agent In Charge who will serve as the Commander of the Task Force.
4.2.2 Review and approve or decline reimbursement requests under clause 4.1.2 within seven (7) business
days of the reimbursement request.
4.3 Nothing in this Agreement shall otherwise limit the jurisdiction, powers, and responsibilities normally possessed
by a Governmental Unit acting through its employees.
5. Payment
5.1 To receive reimbursement for an expense, Governmental Unit must make a request for reimbursement to the
BCA Authorized Representative under the required criteria for operational and investigative standards.
5.2 To receive approved reimbursement, Governmental Unit must submit an expense form no later than 15
business days after the end of the month during which the expense is incurred.
5.3 The BCA will pay the Governmental Unit within thirty (30) calendar days of the submission of the expense form.
5.4 In the event Governmental Unit breaches this Agreement, it will not be eligible to receive reimbursement for any
expenses.
6. Authorized Representatives
The BCA’s Authorized Representative is the following person or her successor:
Name: Bobbi Jo Pazdernik, Commander of MN ICAC
Address: Department of Public Safety; Bureau of Criminal Apprehension
1430 Maryland Street East Saint Paul, MN 55106
Telephone: 651-793-7000
E-mail Address: bobbijo.pazdernik@state.mn.us
The Governmental Unit’s Authorized Representative is the following person or his/her successor:
Name Brad Paulson, Chief of Police
Address: Lakeville Police Department
9237 183rd Street, Lakeville, MN 55044
Telephone: 952-985-2800
Email Address: bpaulson@lakevillemn.gov
If the Governmental Unit’s Authorized Representative changes at any time during this Agreement, the Governmental
Page 46 of 379
SWIFT Contract Number: 243555
ORI: MN0191100
3
ICAC JPA Template (revised April 2024)
Unit must immediately notify the BCA’s Authorized Representative above.
7. Assignment, Amendments, Waiver, and Agreement Complete
7.1 Assignment. The Governmental Unit may neither assign nor transfer any rights or obligations under this
Agreement.
7.2 Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been
executed and approved by the same parties who executed and approved the original Agreement, or their
successors in office.
7.3 Waiver. If the BCA fails to enforce any provision of this Agreement, that failure does not waive the provision or
its right to enforce it.
7.4 Agreement Complete. This Agreement contains all negotiations and agreements between the BCA and the
Governmental Unit. No other understanding regarding this Agreement, whether written or oral, may be used to
bind either party.
8. Liability
The BCA and the Governmental Unit agree each party will be responsible for its own acts and the results thereof to
the extent authorized by law and shall not be responsible for the acts of any others and the results thereof. The BCA’s
liability shall be governed by provisions of the Minnesota Tort Claims Act, Minnesota Statutes, § 3.736, and other
applicable law. The Governmental Unit’s liability shall be governed by provisions of the Municipal Tort Claims Act,
Minnesota Statutes, §§ 466.01-466.15, and other applicable law.
9. Audits
Under Minnesota Statutes, § 16C.05, subdivision 5, the Governmental Unit’s books, records, documents, and
accounting procedures and practices relevant to this Agreement are subject to examination by the BCA and/or the
State Auditor and/or Legislative Auditor, as appropriate, for a minimum of six (6) years from the end of this
Agreement.
10. Government Data Practices
The Governmental Unit and the BCA must comply with the Minnesota Government Data Practices Act, Minnesota
Statutes Chapter 13 and other applicable law, as it applies to all data provided by the BCA under this Agreement and
as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Governmental
Unit under this Agreement. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred
to in this clause by either the Governmental Unit or the BCA.
If the Governmental Unit receives a request to release the data referred to in this Clause, the Governmental Unit must
immediately notify the BCA. The BCA will give the Governmental Unit instructions concerning the release of the data
to the requesting party before the data is released.
11. Venue
The venue for all legal proceedings out of this Agreement, or its breach, must be in the appropriate state or federal
court with competent jurisdiction in Ramsey County, Minnesota.
12. Expiration and Termination
12.1 Either party may terminate this Agreement at any time, with or without cause, upon 30 days written notice to the
other party. To the extent funds are available, the Governmental Unit shall receive reimbursement in
accordance with the terms of this Agreement through the date of termination.
12.2 In the event that federal funding is no longer available, the BCA will email the Governmental Unit’s Authorized
Representative and terminate the Agreement. The termination will be effective two (2) business days after email
notification to the Governmental Unit; and the Governmental Unit shall receive reimbursement in accordance
with the terms of this Agreement through the date of termination.
13. Continuing Obligations
The following clauses survive the expiration or cancellation of this Agreement: 8, Liability; 9, Audits; 10, Government
Data Practices; and 11, Venue.
Page 47 of 379
SWIFT Contract Number: 243555
ORI: MN0191100
4
ICAC JPA Template (revised April 2024)
The parties indicate their agreement and authority to execute this Agreement by signing below.
1. STATE ENCUMBRANCE VERIFICATION 3. DEPARTMENT OF PUBLIC SAFETY; BUREAU OF CRIMINAL
Individual certifies that funds have been encumbered as APPREHENSION
required by Minnesota Statutes §§ 16A.15 and 16C.05.
Signed: ______________________________________________ By: _______________________________________________
(with delegated authority)
Date: ________________________________________________ Title: Deputy Superintendent, Investigations_____________
SWIFT PO Number: 3000085301 Date: ______________________________________________
2. GOVERNMENTAL UNIT 4. COMMISSIONER OF ADMINISTRATION
Governmental Unit certifies that the appropriate person(s) has(have) As delegated to the Office of State Procurement
executed this Agreement on behalf of the Governmental Unit and its
jurisdictional government entity as required by applicable articles,
laws, by-laws, resolutions or ordinances.
By: _________________________________________________ By: ________________________________________________
Luke M. Hellier
Title: _Mayor_______________________________________________ Date: ______________________________________________
Date: _______________________________________________
By: _________________________________________________
Ann Orlofsky
Title: __City Clerk______________________________________________
Date: _______________________________________________
By: _________________________________________________
Title: ________________________________________________
Date: _______________________________________________
Page 48 of 379
Date: 10/7/2024
Professional Services Agreement with Action Target
Proposed Action
Staff recommends adoption of the following motion: Move to approve a professional services
agreement with Action Target for the design and installation of the FiRST Center shooting range
equipment.
Overview
The city is finalizing the details for the construction of the FiRST Center, which is scheduled to
begin construction in the spring of 2025. There is an extensive lead time on the materials
needed for the installation of the shooting range equipment. RJM Construction, the city’s
construction management firm, recommended the design and equipment for the shooting range
be bid earlier than the construction of the facility to ensure the materials for installing the
shooting range are available when needed. RJM Construction advertised a request for proposals
for the design and installation of the shooting range equipment in July. There are three main
companies that design and supply this type of specialty equipment. RJM received responses
from all three companies, but only Action Target supplied a complete bid that met all the
requirements of the RFP. Staff recommends approval of a professional services agreement with
Action Target for the design and installation of the shooting range equipment for the FiRST
Center at a cost of $3,484,786. If the project does not move into the construction phase, the city
can cancel the contract with Action Target at any time prior to receiving the materials at no cost
to the city. Bidding this portion of the project early allows the project to be placed on the
suppliers list or reserves our place in the queue to ensure the availability of materials when
needed.
Supporting Information
1. CC Packet - Action Target Proposal and Contracts 10-7-24
Financial Impact: $3,484,786 Budgeted: No Source: State and Federal Grants
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: Allyn Kuennen, Assistant City Administrator
Page 49 of 379
Wyatt Davis
Territory Manager
801-971-8358
wdavis@actiontarget.com
August 1, 2024
City of Lakeville
Indoor Firing Range Project
Action Target
Page 50 of 379
Action Target Headquarters TCT – Indoor Range
Manufacturing Technology:
Action Target is the only Ballistic Range provider that does 100% of its manufacturing in-
house. This includes cutting, shot-blasting, bending, and specialized welding on AR500 and
AR550 steel plates. All Action Target’s manufactured products are built in our state-of-the-
art manufacturing plant.
All of Action Target’s steel plates are cut with a custom-designed computer-controlled, High-
Definition Plasma-Torch that has been optimized for cutting ballistic AR steel.
Action Target designed and custom manufactured water tables for the Plasma Torches. These
tables ALWAYS keep water in contact with the plate to keep the heat affect zone under 1/8th
of an inch from the cut. (The heat affect zone is where the AR plate is heated above 400
degrees Fahrenheit, the higher the temperature rises the more the plate softens and loses its
hardness. As an example, if a 3/8” AR-500 plate is cut with an oxy/fuel torch with no water
for cooling it softens the steel up to 1 1/2 inches from the cut. Depending on the distance
from the cut, this heating can make the plate much softer than it's AR-500 base plate. This
can dramatically change the ballistic properties of the steel.)
Action Target currently has (2) Plasma Torches and (4) water tables designed for 100” X 250”
plates independent of one another. This allows us to cut one plate on one table as we are
unloading the cut pieces and reloading a new plate to be cut on the 2nd table. This increases
our up-time on the torch 40% over the industry standard single table. In addition, as the tables
need cleaned, one table is cleaned, and production continues on the other table without
1. Company Experience
Since 1986, Action Target has been the dominant force in shooting range equipment design and
manufacturing for law enforcement, military, and commercial ranges around the world. We deliver the
advanced firearms training products that help prepare our men and women in uniform for the heroic job of
defending our safety and our freedom.
Action Target is a privately-owned business headquartered about 40 miles south of Salt Lake City in Provo,
Utah. We engineer, manufacture, and install all of our own products. This unique start-to-finish approach
gives us better control over the quality of your range equipment (ISO 9001 Certified) and gives you the
peace of mind of knowing that we stand behind every range we build.
Action Target has a history of innovation and is a leader in shooting range equipment and training facilities
worldwide. From our industry leading TCT bullet trap, our pioneering MATCH shoothouses or our
sophisticated stationary and mobile targetry systems, we have and will continue to lead the industry with the
most advanced, highest quality and safest products available today.
Page 51 of 379
shutting down the Plasma Torch
Manufacturing Capacity:
Action Target’s facility and infrastructure is designed to handle up to (3) full time shifts
allowing our Plasma Torches to run 24 hours daily.
We designed our facility with the future in mind. We have room in our facility for 2
additional torches and 4 additional water tables. We also designed our plasma torch carriers
to be upgrade-able to 2 torch’s per carrier. This would quickly increase our capacity another
50% per table.
Steel:
As a part our integrated Purchasing- Engineering-Manufacturing strategy, we buy our AR-
500/550 plate Mill direct. This enables us to specify the exact size of our plates to maximize
usage and minimize scrap, we currently average 96% usage. We are also a zero waste stream
generator. All steel scrap or material from cleaning the water tables is sent to the recyclers.
All Burn programs are written in-house to minimize scrap and control tolerances. Our burn
programs and drawings are parametric allowing us to build custom projects using standard
product.
We test the ballistic properties of each lot of Steel from new vendors to ensure that it meets
our standards. This insures that the steel we use performs up to the ballistic standards.
The steel industry standard variation for AR-500 steel is 460 to 544 brinell surface hardness.
We have found that the minimum hardness for ballistic performance is higher than this
minimum brinell rating. We specify and stock only steel with the minimum hardness for the
required ballistic performance. We can do this due to our direct relationship to our mills.
Other manufacturers purchase from steel service centers and have no control over the surface
hardness of the AR-500 the purchase. This includes rating all the way down to 460 brinell.
All AR-500 steel is not created equal!
Sourcing:
Fewer than 10 mills in the world can provide quality AR500/550 steel. ATI has direct
relationships with these suppliers. Our consistent mill direct volume, history, and
reputation allows ATI to purchase direct from the source. This is a distinct competitive
advantage.
According to our supplier's mill operations, ATI is considered one of the world's largest
volume buyers of AR500/550 at ~80,000 linear feet purchased annually. This gives ATI
tremendous purchasing power and scheduling influence with our mill partners.
Suppliers of AR500/550 are located in Europe, the U.S. and Asia.
Page 52 of 379
Outdoor TCT Bullet Trap
As the United States largest manufacturer of shooting range equipment, we consider size to be our greatest
strength.
Our size gives us access to resources, purchasing power, and manufacturing technologies nobody else can
even approach. The benefits to you include remarkably innovative target systems and training tools,
unbeatable customer support, and clearly superior products at competitive prices.
Because of our proven experience and capacity, we are chosen time and time again to design, manufacture,
and install the largest and most sophisticated shooting range projects in the world. A few examples of some
of the major range projects we have built include:
US Coast Guard Miami
US Coast Guard Portsmouth
US Coast Guard Hawaii
US Coast Guard Ketchikan
Letterkenney Army Depot
Camp Pendleton
Youngstown Air Reserve Base
Hanscom Air Force Base
Buckley Air Force Base
McConnell Air Force Base
Bangor Naval Sub Station
Andrews Air Force Base
Anderson Air Force Base - Guam
Scott Air Force Base
US Army Fort Bragg
Misawa Air Force Base
Minneapolis Air Reserve Station
Cannon Air Force Base
Aviano Air Force Base
Wright-Patterson Air Force Base
MacDill Air Force Base
Camp Stanley
Los Angeles Police Department
San Mateo County Sheriff’s Office
FBI – Fort Dix
Fort Worth Police Department
Kansas City Police Department
Tarrant County College
Madison Police Department
Portland Police Department
Palm Beach Gardens Police Department
Southwest Iowa L.E. Training Center
Toronto Police Service
Salt Lake City Police Department
Utah Highway Patrol
Virginia Military Institute
Manchester Police Department
Plano Police Department
Council of Law Enforcement - Education &
Training
Federal Law Enforcement Training Center
(FLETC) - Glynco, GA
Federal Aviation Administration
Federal Law Enforcement Training Center
(FLETC) – Artesia, NM
Federal Law Enforcement Training Center
(FLETC) – Cheltenham, MD
Federal Bureau of Investigation
U.S. Secret Service
14 Nuclear power plants
Page 53 of 379
Our People Make the Difference
MATCH – Live Fire Shoot House
There is no substitute for passionate, knowledgeable, and skilled people. That's why we've built
Action Target around a team of proven executives, skilled engineers and machinists, dedicated
sales representatives, and tireless customer service technicians. Our team has the creativity and
drive to develop innovative new firearms training technology, the experience to properly apply
that technology to solve today’s training problems, and the dedication to provide the best
ongoing service and support in the industry.
Action Target Customer Service
You will have a long-term relationship with the company that builds your shooting range. Our
primary concern is not just selling you range equipment, but making sure you get the right
equipment for your training needs. The right equipment must be well engineered, it must be
installed properly, and it must function dependably under the harshest conditions. To make sure
you get what you need, Action Target works with you every step of the way as your partner.
From the initial consultation and design to the final installation, our goal is for you to have the
facilities you need to continue the critical work of firearms training.
Even when the project is complete, our relationship continues.
Our job is not finished just because your range project is complete. We want to hear from you
the following week, or the following year, or anytime you have a question or concern about your
range. Our customer service department is always on-call and ready to help you with warranty
issues, damaged parts, and anything else you need to keep your range running efficiently and
effectively. We stand behind our work, and we stand behind you.
Page 54 of 379
Mark BrownJanesville, WI
608-743-4526 mbrown55@blackhawk.edu
- Bay 1: 50 YD Fully Tactical, 12 lane, Range Control System, Pilot Target Retriever, Dual Running Man Target System,
Rubber Berm Trap, Tactical Combat Walls, Acoustical Wall Treatment. Ventilation By Others.
Original Completion Date: April 24, 2024 Actual Completion Date: April 24, 2022
Original Contract Amount: $1,195,995 Actual Contract Amount: $1,195,995
Metro Tech Training Center ($1.5m)
James WeednOklahoma City, OK
405-990-5502 sojamwee@oklahomacounty.org
- Bay 1: 50 YD Hybrid Fixed/Tactical, 12 Lanes, Range Control System, FL360 Turning Target System, Dual Running
Man Target System, Vortex Steel Total Containment Bullet Trap, Tactical Combat Walls, Acoustical Wall Treatment.
Ventilation Supplied by Action Target.
Original Completion Date: May 5, 2022 Actual Completion Date: May 5, 2022
Original Contract Amount: $1,513,104 Actual Contract Amount: $1,513,104
Moore Norman Tech Training Center ($3m)
Jerry McConnellNorman, OK
405-801-5751 Jerry.mcconnell@mntc.edu
- Bay 1: 25 YD Fixed, 7 Lanes, Range Control System, Pilot Target Retriever, Rubber Berm Trap, Acoustical Wall
Treatment. Ventilation Supplied by Action Target.
- Bay 2: 50 YD Fully Tactical, 12 Lanes, Range Control System, FL360 Turning Target System, Dual Running Man
Target System, Rubber Berm Trap, Acoustical Wall Treatment. Ventilation Supplied by Action Target.
Original Completion Date: April 1, 2024 Actual Completion Date: April 1, 2024
Original Contract Amount: $3,033,840 Actual Contract Amount: $3,033,840
Gilbert PD ($4m)
Ivan GeloGilbert, AZ
480-635-7422 Ivan.gelo@gilbertaz.com
- Bay 1: 25 YD Fully Tactical, 20 lanes, Range Control System, FL360 Turning Target System, Dual Running Man Pro
Target System, Vortex Steel Total Containment Bullet Trap, Tactical Combat Walls, Acoustical Wall Treatment.
Ventilation Supplied by Action Target.
- Bay 2: 50 YD Fully Tactical, 20 lanes, Range Control System, FL360 Turning Target System, Vortex Steel Total
Containment Bullet Trap, Tactical Combat Walls, Acoustical Wall Treatment. Ventilation Supplied by Action Target.
Original Completion Date: Jan. 31, 2019 Actual Completion Date: Jan. 31, 2019
Original Contract Amount: $3,871,550 Actual Contract Amount: $3,871,550
Projects of Similar Scope
Blackhawk Technical College ($1.2m)
Page 55 of 379
2. Proposed Staff Experience
PRIMARY CONTACTS: Wyatt Davis- wdavis@actiontarget.com
Brian Sanders- brians@actiontarget.com
CONTRACTING: Scott Wright (CFO)- swright@actiontarget.com
ACTION TARGET DESIGN TEAM:
WYATT DAVIS, RANGE CONSULTANT - wdavis@actiontarget.com
Wyatt is Action Target's range consultant for the Midwestern United States. He assists the team by evaluating shooting range needs and providing detailed building requirements, range drawings, and precise budgets for range equipment. Wyatt joined Action Target in 2017 and completes an average of 15 range projects per year. An NRA-certified range safety officer with a LE background. He is a competitive shooter and firearms aficionado. Action Target, OnTarget award recipient.
BRIAN SANDERS, PROJECT MANAGER – brians@actiontarget.com
Brian has managed more than 350 projects representing over $100 million in revenue during his four-year employment at Action Target. His duties as project manager include overseeing the scope, costs, quality, schedule and installation for each project. Several projects that Brian has managed include ranges installed for the U.S. Military, such as those at the Virginia Military Institute (located in Lexington, VA), Moody AFB (located in Valdosta, GA) and Patrick AFB (located in Cocoa Beach. FL). Each of abovementioned projects were completed on-time, and at or under expected budget costs. Successful management of 350+ projects over 15 years at Action Target. Managed over $100+ million in project revenues over same time period. Earned awards for top performance (Top Gun, On Target). Proven leadership skills, reliable, team player
Nick Kozenko, INSTALL MANAGER – nkozenko@actiontarget.com
Nick brings a wealth of experience in overseeing complex projects from conception to completion. With a strong background in construction management and a meticulous attention to detail. He excels in coordinating logistics, managing budgets, and ensuring adherence to safety standards. His leadership skills shine through his ability to motivate teams, solve problems efficiently, and communicate effectively with stakeholders at all levels. Nick is dedicated to delivering high-quality results on time and within budget, making me a valuable asset in the field of firing range installation and management.
Page 56 of 379
Action Target
Selected Recent Law Enforcement Project Referral List
Includes Action Target estimated contract amounts
Gilbert PD ($4m)
Gilbert, AZ
Ivan Gelo
480-635-7422
Ivan.gelo@gilbertaz.com
Denton PD ($2.9m)
Denton, TX
Ofc. Allen Zant
940.349.7979
Allen.zant@cityofdenton.com
St. Petersburg PD ($1.4m)
St. Petersburg, FL
Sgt. Daniel Cruz
727.893.4964
Daniel.cruz@stpete.org
Sioux Falls PD($1.9m)
Sioux Falls, SD
Sgt. Nate Warren
605-978-6865
Nathan.warren@siouxfalls.gov
FASTC - Foreign Security
Training Center ($8.8m)
Blackstone, VA
Chris Graham
434-298-3318
GrahamCS2@state.gov
Portland PD ($2.1m)
Portland, OR
Josh Faris
503-823-0399
Joshua.faris@portlandoregon.gov
Broward County SO ($3.3m)
Fort Lauderdale, FL
Lt. Joe Etter
954.831.8145
Joseph_etter@sheriff.org
Smith and Wesson ($1.8m)
Testing and Training Division
Maryville, TN
John Pliska
413-297-2394
jpliska@smith-wesson.com
Spokane County SO ($2.9m)
Newman Lake, WA
Rick Johnson, Range MGR
509.481.8686
rkjohnson@spokanesheriff.org
Monroe County SO ($1m)
Key West, FL
Sgt Tom Hill
305-292-7010
THill@keysso.net
Fort Worth PD ($5m)
Fort Worth, TX
Jaimie Malone
817-683-3337
Jaime.malone@fortworthtexas.gov
Goodyear PD ($1.6m)
Goodyear, AZ
Curtis Mott
623-882-7719
cmott@goodyearaz.gov
Palm Beach Gardens PD
($1.8m)
Palm Beach Gardens, FL
Sgt Glenn Wright
561-799-4529
GWright@pbgfl.com
Indianapolis PD ($2m)
Indianapolis, IN
Chad Gray
317-560-8171
chad.gray@indy.gov
San Mateo CSO ($4m)
San Mateo, CA
Cpt Mark Duri
650-743-0428
MDuri@smcgov.org
Los Angeles PD ($2.5m)
Los Angeles, CA
Lt Ray Puettmann
818-832-3712
31519@lapd.online
Washington CSO ($2m)
Hillsboro, OR
Daniel Muehleck
503-793-0612
daniel_muehleck@co.washington.or.us
Altoona PD ($1.4m)
Altoona, IA
Cpt Tony Chambers
515.720.4535
TChambers@Altoonapd.com
Page 57 of 379
Chester County Emergency
Services ($2.4m)
Coatesville, PA
Pat Davis
610-344-4619
jpdavis@chesco.org
Prince George County PD
($6.5m)
Brandywine, MD
Wayne McBride
240-832-0715
wmcbride@co.pg.md.us
Metro Tech Training Center
($2m)
Oklahoma City, OK
James Weedn
405-990-5502
sojamwee@oklahomacounty.org
Royal Canadian Mounted
Police ($6m)
Chilliwack & Regina
Eric Dyck
604-703-4250
dyck@chilliwack.com
Vortex Edge Training Center
($3.5m)
Barnevald, WI
Tom Fargo
608-662-4849
tfargo@vortexoptics.com
Coming Soon!
-Alamance Community
College, NC ($1.3m)
-Port St Lucie PD, FL ($3m)
-Cape Coral PD, FL ($1.6m)
-Fort Lauderdale PD, FL
($1.5m)
-PA State Police, PA ($3.5m)
-Kentucky DOCJT ($3m)
-Scottsdale PD, AZ ($1.5m)
-Cochise College, AZ ($1.5m)
-Blackhawk Tech College, WI
($1.4m)
-Orland Park PD, IL ($1.4m)
-San Pablo PD, CA ($1.4m)
Charlotte Mecklenburg PD
($1.5m)
Charlotte, NC
Steve Winterhalter
704-618-3472
swinterhalter@cmpd.org
Michigan State Police ($2m)
Lansing, MI
Tim Olsen
517-322-1200
Olson5@michigan.gov
Moore Norman Tech
Training Center ($3m)
Norman, OK
Jerry McConnell
405-801-5751
Jerry.mcconnell@mntc.edu
Page 58 of 379
3. Project Approach
At Action Target Inc, internal coordination among our departments is fundamental to our
success in delivering top-quality shooting range solutions. Our approach begins with close
collaboration between our design, engineering, and manufacturing teams. Designers work
closely with engineers to ensure that our products not only meet but exceed industry standards
for safety and functionality. Once designs are finalized, our manufacturing team takes over,
leveraging their expertise to produce high-quality equipment using state-of-the-art processes and
materials.
Installation teams are integral to our process, working together with project managers to
ensure seamless execution on-site. Coordination with logistics and supply chain departments
ensures that materials and equipment are delivered on time and in optimal condition,
streamlining the installation process.
Throughout every project phase, our team remains actively engaged, providing ongoing
support to clients and addressing any questions or concerns promptly. This integrated approach
allows us to maintain high levels of customer satisfaction and ensures that our shooting ranges
perform reliably for years to come.
We also emphasize seamless coordination with external trades to ensure that all aspects
of the shooting range installation align smoothly and efficiently. This collaborative effort
guarantees that our clients receive a comprehensive solution that meets their operational needs
while adhering to project timelines and budgetary considerations.
By fostering strong internal departmental coordination and communication, Action
Target continues to lead the industry in innovation, reliability, and customer service, reinforcing
our commitment to excellence in every aspect of our operations.
Page 59 of 379
4. Schedule Performance on Recent Projects 5. Change Order Percentages on Recent Projects
Blackhawk Technical College
Mark BrownJanesville, WI
608-743-4526 mbrown55@blackhawk.edu
- Bay 1: 50 YD Fully Tactical, 12 lane, Range Control System, Pilot Target Retriever, Dual Running Man Target
System, Rubber Berm Trap, Tactical Combat Walls, Acoustical Wall Treatment. Ventilation By Others.
Original Completion Date: April 2024 Actual Completion Date: April 2024
Original Contract Amount: $1,195,995 Actual Contract Amount: $1,185,995
Moore Norman Tech Training Center
Jerry McConnellNorman, OK
405-801-5751 Jerry.mcconnell@mntc.edu
- Bay 1: 25 YD Fixed, 7 Lanes, Range Control System, Pilot Target Retriever, Rubber Berm Trap, Acoustical Wall
Treatment. Ventilation Supplied by Action Target.
- Bay 2: 50 YD Fully Tactical, 12 Lanes, Range Control System, FL360 Turning Target System, Dual Running Man
Target System, Rubber Berm Trap, Acoustical Wall Treatment. Ventilation Supplied by Action Target.
Original Completion Date: April 2024 Actual Completion Date: April 2024
Original Contract Amount: $3,033,840 Actual Contract Amount: $3,033,840
Goodyear Police Departement
Curtis MottGoodyear, AZ
623-882-7719 cmott@goodyearaz.com
- Bay 1: 25 YD Fully Tactical, 12 Lanes, Range Control System, FL360 Turning Target System, Dual Running Man
Target System, Vortex total containment trap, Acoustical Wall Treatment. Ventilation Supplied by Action Target.
Original Completion Date: October 2023 Actual Completion Date: October 2023
Original Contract Amount: $1,014,683 Actual Contract Amount: $1,014,683
Beech Grove Police Department
Beech Grove, IN
317-782-4936
- Bay 1: 25 YD Fully Tactical, 8 lanes, Range Control System, FL360 Turning Target System, Dual Running Man Pro
Target System, Rubber Berm Trap, Tactical Combat Walls, Acoustical Wall Treatment, Ballistic rolling Door.
Ventilation Supplied by Action Target.
Original Completion Date: Feb. 2024 Actual Completion Date: Feb. 2024
Original Contract Amount: $1,036,252 Actual Contract Amount: $1,036,252
Matt Hickey
matt.hickey@beechgrove.com
Page 60 of 379
6. Saftey
Narrative:
Action Target recognizes that our people drive the business. As the most critical resource, employees will be safeguarded through
training, provision of appropriate work surroundings, and procedures that foster protection of health and safety. All work
conducted by Action Target ’s employees will consider the intent and severity of this policy. No duty, no matter what its
perceived result will be deemed more important than employee’s health and safety.
Action Target is committed to the safety of our employees. We will do everything possible to prevent workplace accidents and
we are committed to providing a safe working environment for all employees. We value our employees not only as employees
but also as human beings critical of the success of their family, the local community, and Action Target. Employees are
encouraged to report any unsafe work practices or safety hazards encountered on the job. All accidents/incidents (no matter how
slight) are to be immediately reported to the supervisor on duty. A key factor in implementing this policy will be the strict
compliance to all applicable federal, state, local, and
Company policies and procedures. Failure to comply with these policies may result in disciplinary actions. Respecting this,
Action Target will make every reasonable effort to provide a safe and healthful workplace that is free from any recognized or
known potential hazards. Additionally, Action Target subscribes to these principles:
1. All accidents are preventable through implementation of effective Safety and Health Control policies and programs.
2. Safety and Health controls are a part of our work every day.
3. Accident prevention is good business. It minimizes human suffering, promotes better working conditions for everyone, holds
Action Target to a higher standard for our customers, and increases productivity. Therefore, Action Target will comply with all
safety and health regulations which apply to the course and scope of operations.
4. The Safety Manager is responsible for providing the safest possible workplace for all Action Target employees and is
committed to allocating and providing all the resources needed to promote and effectively implement this safety policy.
5. Employees are responsible for following safe work practices and company rules, and for preventing accidents and injuries.
Management will establish lines of communication to solicit and receive comments, information, suggestions, and assistance
from employees where safety and health are concerned.
6. Management and supervisors of Action Target will set an exemplary example with good attitudes and strong commitment to
safety and health in the workplace.
7. Management and supervisors will monitor the company’s safety and health performance, working environment and conditions
to ensure that program objectives are achieved.
8. Our safety program applies to all employees and people affected or associated in any way by the scope of this business.
Everyone’s goal must be to constantly improve safety awareness and to prevent accidents and injuries. Everyone at Action Target
must be involved and committed to safety. This must be a team effort. Together, we can prevent accidents and injuries and we
can create a safe and healthy work environment.
Company EMR:
2023: .77
2022: .63
2021: .72
Action Target is happy to supply full report upon request.
Page 61 of 379
7. Proposed Value Engineering
1. Removal of ballistic wall panels in the fixed firing 25 yard firing range. These baffles will not be of use in a fixed firing bay and should be removed.
Cost Reduction Estimate: $48,000
Cost Reduction Estimate: $100,000
3. Remove 2” Pepp and wool backer from the overhead ceiling baffles, and replace with 1” Pepp
Cost Reduction Estimate: $ 32,000
4. Replace the Steel Total Containment Traps with Rubber Berm Traps in both shooting bays (This would require a change in range space/building that is currently provided)
Cost Reduction Estimate: $325,000
2. 50 yard firing range changing from a full tactical to a hybrid style range (fixed positing shooing from the 50 yd, fully tactical from 25 yd line and in to target line).
Page 62 of 379
Product Descriptions
13 Lane 50 Yard Tactical Indoor Range - 58' wide
6 Lane 25 Yard Fixed Indoor Range - 31' wide
Bay 1 - 50 Yd Tactical
(2.1) 3x5 Vortex Total Containment Trap (TCT), U.S. Patent #'s 5400892, 5811718
Heavy Duty Trap rated for rifle use
Low maintenance design for years of heavy use
20 Gallon Drum Lead Collection System
(2.2) Dust Collection Unit for TCT Trap - U.S. Patent #5400692
Collects lead dust from bullet impacts to keep range clean
Filters all lead dust through internal filters
Deposits lead dust in canister for recycling
(2.3) Tactical Overhead Ceiling Baffles – U.S. Patent #5822936
Bay 1: Tactical layout
3/8" AR500 steel for rifle use
2” White PEPP Acoustical Fascia, backer to fill air cavity
Includes overhead structure to hang baffles from provided open web trusses.
No field welding required.
(2.4) Combat Wall Baffles - 45' of walls in front of bullet trap
Allows for safe 180 degree training on range walls
3/8" AR500 w/ 2" acoustical rubber tile fascia for rifle use
(2.7) (13) Fixed Lateral 360 turning targets
Suspended overhead from track behind protective baffle
Capable of independent or synchronized operation
Targets system can be moved laterally up to 30 in. in either direction to form groups of targets.
Target system can be reconfigured without the use of tools
Multiple target carriers to be mounted to a single track
360 degree turning capability
Completely electric system, Wireless controls
(2.8) Dual Running Man Pro
Two trolleys operating on parallel tracks
Runner speed controlled electronically
Programmable speeds up to 20 fps
(2.6/2.9) SmartRange Axis - Range Controls
(1) Fixed Master Control Screen
(1) Wireless Tablet Control Screens
Program/Lane management tool which allows training staff to run all lanes from a wireless tablet.
Allows for the creation of new programs which can be saved to individual files.
(2.5) 2" Thick PEPP Acoustical Treatment
Covers Side walls from ballistic wall panels to rear wall at 10' high, rear wall at 8' high
Fire treated 2x4 furring,
Backer to fill air cavity
Class A fire rated, .90 NRC (Noise Reduction Coefficient)
Page 63 of 379
Bay 2 - 25 Yd Fixed
(2.1) 3x5 Vortex Total Containment Trap (TCT), U.S. Patent #'s 5400892, 5811718
Heavy Duty Trap rated for rifle use
Low maintenance design for years of heavy use
20 Gallon Drum Lead Collection System
(2.2) Dust Collection Unit for TCT Trap - U.S. Patent #5400692
Collects lead dust from bullet impacts to keep range clean
Filters all lead dust through internal filters
Deposits lead dust in canister for recycling
(2.3) Fixed Overhead Ceiling Baffles – U.S. Patent #5822936
Bay 2: Fixed layout
3/8" AR500 steel for rifle use
2” White PEPP Acoustical Fascia, backer to fill air cavity
Includes overhead structure to hang baffles from provided open web trusses.
No field welding required.
(2.4) Combat Wall Baffles - 45' of walls in front of bullet trap
Allows for safe 180 degree training on range walls
3/8" AR500 w/ 2" acoustical rubber tile fascia for rifle use
(6) Pilot Turning Wireless Retriever (No Spec Section- product confirmed in Addenda)
360-degree target turning, edging and teasing for dynamic shooter experience
Pre-programmed with games, training scenarios and qualifications
Wireless Retriever (No drive cables down range)
Onboard camera for performance viewing
3/8" AR500 Protective shield with Strike Watch technology to protect your equipment
User friendly local touch screen control
Hidden target clamp to reduce maintenance costs and lane downtime
Onboard dynamic white, red and blue LED lighting
Defender Series Shooting Stall (No Spec Section- product confirmed in Addenda)
ATI Class 2 ballistic rating (rifle rated)
Fixed Tables with Shelf, 1 lane swing-up table for downrange access
Brass and Muzzle Blast Deflectors
Protective ABS lined Stalls
Ballistic glass uppers for RSO visibility
Non-porous material for easy cleaning
(2.6/2.9) SmartRange Axis - Range Controls
(1) Fixed Master Control Screen to simultaneously control both bays
(1) Wireless Tablet Control Screens
Program/Lane management tool which allows training staff to run all lanes from a wireless tablet.
Allows for the creation of new programs which can be saved to individual files.
(2.5) 2" Thick PEPP Acoustical Treatment
Covers Side walls from ballistic wall panels to rear wall at 10' high, rear wall at 8' high
Fire treated 2x4 furring,
Backer to fill air cavity
Class A fire rated, .90 NRC (Noise Reduction Coefficient)
Page 64 of 379
(2) Recirculation HVAC Systems
75% recirculation and 25% outside air mix.
Two stage filtration (bag filter, HEPA filter).
Extra Set of filters per Spec
Direct fired gas heating and mechanical air conditioning Laminar air flow of 75 ft. per minute.
Customized controls with desktop
Custom fabricated radial diffusers. Meets or exceeds all NIOSH, OSHA, and EPA range and lead safety standards.
(2.10) Clearing Traps
(2.11) Respiratory Equipment
(2.12) Hepa Vac
Page 65 of 379
Action Target Clarifications on Range Control System
1. Regarding the Range Control System, when this project will be installing later in 2025 Action
Targets Range Control System will be able to provide certain read and write functions to the
Cities master building controller:
Range HVAC System
Status Read Range Lighting System
Status Read
Cease Fire Status Read
Cease Fire Write
Range HVAC Setpoint Read/Write
Range HVAC ON/OFF Read/Write
Range HVAC MODE Read/Write
Range HVAC Safe to
Shoot Status Read
2. Action Targets Range Control can control general range lighting if 0-10v fixtures are provided by
lighting contractor.
3. Action Target can provide on/off for non-synchronized red/blue (provided by city) lights through
the range control system. It will not be able to control sounds.
4. The control system can save individual folders of training curriculum/qualifications. It does not
have the ability to print.
Page 66 of 379
Page 67 of 379
Page 68 of 379
Page 69 of 379
Page 70 of 379
Page 71 of 379
Page 72 of 379
Page 73 of 379
Page 74 of 379
Page 75 of 379
Page 76 of 379
Page 77 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 78 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 79 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 80 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 81 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 82 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 83 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 84 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 85 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 86 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 87 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 88 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 89 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 90 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 91 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 92 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 93 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 94 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 95 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 96 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 97 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 98 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 99 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 100 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 101 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 102 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 103 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 104 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 105 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 106 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 107 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 108 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 109 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 110 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 111 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 112 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 113 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 114 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 115 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 116 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 117 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 118 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 119 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 120 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 121 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 122 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 123 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 124 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 125 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 126 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 127 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 128 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 129 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 130 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 131 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 132 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 133 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 134 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 135 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 136 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 137 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 138 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 139 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 140 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 141 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 142 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 143 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 144 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 145 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 146 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 147 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 148 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 149 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 150 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 151 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Scott WrightCFOPage 152 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 153 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 154 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 155 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914Page 156 of 379
TAX EXEMPT MATERIAL PURCHASE AGREEMENT
1. GENERAL INFORMATION
Agreement Date: August 13th, 2024
OWNER : City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
CONTRACTOR: Action Target, 3411 S Mountain Vista pkwy Provo, UT 84606
PROJECT: Lakeville FiRST Center Public Safety Training Facility
The Owner and Contractor are collectively the “Parties” to this Agreement. Contractor is acting
as a Purchasing Agent for Owner, a tax-exempt entity, pursuant to the Purchasing Agent
Agreement attached hereto as Exhibit D. Notice shall be given at the Parties’ first listed address
indicated above.
OWNER: City of Lakeville OWNER’S REPRESENTATIVE: N/A
DESIGN PROFESSIONAL: Leo A Daly
Delivery/Shipment Date: TBD Required on the Jobsite Date: TBD
Delivery Location: 7777 214th Street, Lakeville, MN 55044
1.1. PARTIES’ RELATIONSHIP AND ETHICS. The Parties agree to proceed on the
basis of mutual trust, good faith, and fair dealings. The Parties shall perform their
obligations with integrity and diligence.
2. MATERIALS OR EQUIPMENT – See Scope of Work attached as Exhibit A
Item Quantity Unit Description Unite Price Item Price
All Materials $2,686,753.00
3. PRICE: The Owner shall pay the Contractor to provide material or equipment and for
any incidental services as identified in Article 2 the total sum of Two Million Six Hundred
Eighty-six Thousand Seven Hundred Fifty-three Dollars and Zero cents ($2,686,753.00)
("Price"). This Price excludes applicable federal, state, and local taxes, for which the Contractor
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 157 of 379
shall be fully responsible regardless of the estimated amount. Unless otherwise indicated, prices
shall not include costs or deposits for shipping and packing materials.
4. EXHIBITS AND DOCUMENTS
Attached Reference and
incorporated
Provided for
information purposes
only
Scope Proposal Exhibit A
Insurance Requirements A141
ExB
Exhibit B
AIA 201 General Conditions Exhibit C
Purchasing Agent Agreement Exhibit D
Form ST3, Certificate of
Exemption Exhibit E
In addition to the above, an Exhibit B Insurance Provisions shall be attached. All attachments,
drawings, specifications, and other information listed above and designated as either “attached”
or "referenced and incorporated" are incorporated and made a part of this standard purchase
agreement (hereinafter “Agreement"). All materials and equipment furnished shall conform to
the drawings, specifications, and other information incorporated herein.
5. ACCEPTANCE OF AGREEMENT. Acceptance of this Agreement shall be limited to
the terms and conditions stated herein, and any additional or different terms, conditions, or
instructions proposed by the Contractor are rejected by the Owner unless expressly assented to in
writing by the Owner. The Contractor shall be bound by this Agreement when it executes and
delivers the original copy or when it delivers to the Owner any of the materials or equipment or
renders for the Owner any of the incidental services ordered.
6. EXTENT OF AGREEMENT. To the extent incidental services are performed by the
Contractor under this Agreement, such incidental services shall be governed by the terms of this
Agreement. Nothing in this Agreement shall be construed to create a contractual relationship
between persons or entities other than the Owner and Contractor. Except as specifically provided
in this Agreement, this Agreement, including the documents attached or referenced in Article 4,
are exclusively for the benefit of “the Parties" and not for the benefit of any third-party. This
Agreement represents the entire and integrated agreement between the Parties, and supersedes all
prior negotiations, representations, or agreements, either written or oral.
7. CHANGES. The Owner shall have the right at any time to make changes in
specifications, drawings or other information incorporated in this Agreement, methods of
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 158 of 379
shipment or packing, place of delivery, and time of delivery. The Price or Progress Schedule
shall be equitably adjusted if and to the extent necessary to reflect the impact of any such
changes, and this Agreement shall be modified in writing accordingly.
8. SUBMITTALS. The Contractor promptly shall submit for approval to the Owner all
shop drawings, samples, product data, manufacturers' literature, and similar submittals required
by this Agreement. The Contractor shall be responsible to the Owner for the accuracy and
conformity of its submittals to this Agreement. The Contractor shall prepare and deliver its
submittals to the Owner at no additional Price and in a manner consistent with the Progress
Schedule and in such time and sequence so as not to delay the Owner in the performance of the
Contract. The approval of any Contractor submittal shall not be deemed to authorize deviations,
substitutions, or changes in the requirements of this Agreement unless express 'written approval
is obtained from the Owner authorizing such deviation, substitution, or change. In the event that
the Contract does not contain submittal requirements pertaining to this Agreement, the
Contractor agrees upon request to submit in a timely fashion and at no additional Price to the
Owner for approval any shop drawings, samples, product data, manufacturers' literature, or
similar submittals as may reasonably be required by the Owner, or Design Professional. The
Owner are entitled to rely on the adequacy, accuracy, and completeness of any professional
certifications required by this Agreement concerning the performance criteria of systems,
equipment, or materials, including all relevant calculations and any governing performance
requirements.
9. SCHEDULE. Time is of the essence for this Agreement. The Contractor shall provide
the Owner with any scheduling information proposed by the Contractor. In consultation with the
Contractor, the Owner shall prepare a coordinated Progress Schedule, and furnish such to the
Contractor. The Contractor shall furnish and deliver the materials or equipment indicated in
Article 2, in strict accordance with such Progress Schedule.
10. SHIPPING. Shipping instructions furnished by the Owner shall be strictly complied with
and shall be considered a part of this Agreement. The Contractor shall give the Owner twenty-
four (24) hours’ notice prior to the delivery of any materials or equipment. Any provisions for
delivery of materials or equipment by installment shall not be construed as making the
obligations of the Contractor severable. Shipments sent C.O.D. without the Owner's written
consent may be rejected and shall be at the Contractor’s risk. Risk of loss or damage shall be
upon the Contractor until the materials or equipment are physically delivered to the Owner at the
Project or other authorized destination, unless otherwise agreed to in writing and signed by the
Owner, or if covered by project all risk or equivalent insurance.
12. MATERIAL SAFETY DATA (MSD) SHEETS. The Contractor shall submit to the
Owner all Material Safety Data Sheets required by Law for materials or substances sold to the
Owner.
13. INSPECTION. Except as otherwise provided in this Agreement, all shipments shall be
subject to final inspection by the Owner after receipt by the Owner at destination. Shipments
shall be accompanied by detailed delivery tickets to assist the Owner in its inspection. Should the
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 159 of 379
Owner discover any damage or shortfalls, the Owner shall promptly report them to the
Contractor. The Owner shall have the right to reject and refuse acceptance of materials or
equipment that are not In accordance with specifications or drawings. The Owner may deduct
from any amount owed to the Contractor under this Agreement the reasonable cost of re-
inspecting materials or equipment rejected. Materials or equipment not accepted due to
nonconformance with the requirements of this Agreement shall, at the Owner’s option be (a)
returned to the Contractor at the Contractor’s expense; (b) held by the owner for an equitable
reduction in Price; or (c) repaired pursuant to section 13.1 at the Contractor 's expense. The
Owner, and Owner’s Representative shall have the right to inspect all materials or equipment
during any stage of manufacture or production by the Contractor or Contractor 's supplier), to
audit quality assurance programs, and to otherwise assure quality control in the production and
manufacture of the materials or equipment hereunder by the Contractor or Contractor’s supplier,
and the Contractor shall provide reasonable access, facilities, and assistance for the safe and
convenient inspection or audit at the Contractor 's plant or Its supplier’s plant. Incorporation of
the materials or equipment into the Project shall constitute acceptance by the Owner of such
materials or equipment and incidental services, subject to the Contractor’s warranty obligations.
Payment for any materials or equipment shall not constitute acceptance. Acceptance by the
Owner shall not constitute acceptance as to latent or hidden defects not subject to discovery upon
reasonable inspection.
13.1. Except in cases of emergencies, if the Owner chooses the repair of nonconforming
materials above in subsection (c), the Owner must provide the Contractor written notice of such
nonconformance and request the Contractor to repair such nonconformance. Within seven (7)
calendar days after receipt of written notification, the Contractor must commence and continue
satisfactory correction of such nonconformance with diligence and promptness, or the Owner
may undertake such repair.
14. SUSPENSION FOR CONVENIENCE. Notwithstanding Article 10, should the Owner
order the Contractor in writing to suspend, delay, or interrupt the performance of this Agreement
for such period of time as may be determined to be appropriate for the convenience of the Owner
and not due to any act or omission of the Owner or any person or entity for whose acts or
omissions the Owner may be liable, then the Contractor shall immediately suspend, delay, or
interrupt as ordered by the Owner. In accordance with Article 6, the Price and the Progress
Schedule shall be equitably adjusted by Change Order for the cost and delay resulting from any
such suspension.
14.1. TERMINATION FOR DEFAULT. Should the Contractor fail to deliver items and
materials or perform the incidental services required within the time provided under this
Agreement or any mutually agreed upon extension of time, or should the Contractor fail to
perform any of the provisions of this Agreement or fail to make progress so as to endanger
performance of this Agreement in accordance with its terms, the Contractor may be deemed in
default. If the Contractor fails within seven (7) calendar days after written notification to
commence and continue correction of such default with diligence, then the Owner may give a
second notice to correct the default within three (3) calendar days. If the Contractor fails to
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 160 of 379
promptly commence and continue satisfactory correction of the default following receipt of the
second notice, the Owner may terminate this Agreement for default. Such termination shall be in
writing. The Owner may withhold payment, correct the default, and charge the Contractor the
costs, including reasonable overhead, profit, and attorneys’ fees. Nothing in this subsection shall
preclude the Contractor from asserting its rights under Article 26. The rights and remedies of the
owner provided in this subsection shall not be exclusive and are in addition to any other rights
and remedies provided by Law or under this Agreement.
14.2. CONTRACTOR’S RIGHT TO TERMINATE. Upon seven (7) Days’ written notice, the
Contractor may terminate this Agreement if the material, equipment, or incidental services,
described in Article 2 has been suspended for one hundred twenty (120) Days in total through no
fault of the Contractor. The Contractor shall be entitled to recover all material, equipment, or
incidental services as identified in Article 2 executed and for any proven loss, cost, or expense in
connection with such materials, equipment, or incidental services, including all demobilization
costs plus reasonable overhead and profit on material, equipment, and incidental services
described in Article 2 not performed, and reasonable attorneys’ fees.
15. TERMINATION FOR CONVENIENCE. The Owner may at any time, with seven (7)
calendar days’ written notice to the Contractor, terminate this Agreement for the convenience of
the Owner. In the event of such termination for convenience, the Owner shall pay the Contractor
as its entire and sole compensation its actual and reasonable costs of furnishing materials or
equipment to the date of termination, as determined by audit of the Contractor's records. The
Contractor shall make its records available at reasonable times and places for the Owner’s audit.
16. WARRANTY. The Contractor hereby expressly warrants that all materials or equipment
covered by this Agreement shall conform to the drawings, specifications, data, samples, or other
descriptions furnished or incorporated as part of this Agreement in accordance with Article 4
shall be fit and sufficient for the purpose specified and of good material and workmanship.
Contractor shall convey to Owner all manufacturer’s warranties with respect to the materials
delivered pursuant to this Agreement in compliance with the Plans and Specifications, and if not
specified there, as otherwise provided by the manufacturer.
17. PAYMENT AND LIENS. Payment for conforming material or equipment shall be made
by the Owner in accordance with any terms indicated in Article 1 and after a receipt by the
Owner of the executed original copy of this Agreement, and receipt of the Contractor's invoice.
If and when requested by the Owner, the Contractor shall promptly provide affidavits that all of
the Contractor's suppliers have been paid, and release of all liens either by the Contractor or
Contractor’s supplier and claims executed by the Contractor to the Owner in a form acceptable to
the Contractor, and Owner. Acceptance of such form shall not be withheld without reasonable
cause. Such releases or waivers of lien may be conditioned upon payment. In no event shall the
Contractor be required to sign an unconditional waiver of lien or claim, either partial or final,
prior to receiving payment or in an amount in excess of what it has been paid. Prior to final
payment, the Contractor shall provide to the Owner copies of warranties, applicable manuals,
and all other close-out documents required for the materials or equipment by this Agreement.
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 161 of 379
17.1. PAYMENTS WITHHELD. The Owner’s approval of the Contract Work for the amount
identified in Contractor’s application for payment shall be conditions precedent to the right of
Contractor to payment. Owner may reject Contractor’s payment application in whole or in part
or withhold amounts from a previously approved Contractor payment application if reasonably
necessary to protect Owner from loss or damage for which Contractor may be liable and without
incurring an obligation for late payment interest based upon:
1. Contractor’s persistent failure to perform the Contract Work as required by the
Contract or directed by Owner;
2. Loss or damage arising out of or relating to this Contract and caused by Contractor;
3. Contractor‘s failure to properly pay for labor, materials, equipment or supplies
furnished in connection with the Contract Work;
4. Rejected, nonconforming or defective Contract Work which has not been timely
corrected;
5. Reasonable evidence of delay in performing the Contract Work such that the
Contract Work will not be completed within the Contract Time, and that the unpaid
balance of the Contract Sum is not sufficient to offset the damages that may be
sustained by Owner as a result of the anticipated delay caused by Contractor;
6. Reasonable evidence demonstrating that the unpaid balance of the contract Sum is
insufficient to cover the cost to complete the contract Work;
7. Third-party claims involving Contractor or reasonable evidence demonstrating that
third-party claims are likely to be filed unless and until Contractor furnishes Owner
with adequate security in the form of a surety bond, letter of credit or other
collateral or commitment which are sufficient to discharge such claims if
established;
8. Contractor’s failure to provide Certificates of Insurance and additional insured
endorsements required under this Contract;
9. Contractor’s indebtedness to Owner.
17.2 SETOFF
17.2.1: At its sole option and without notice to Contractor, upon Contractor’s breach or
anticipatory breach (in Owner’s sole discretion) of this Contract, including but not limited to
Contractor’s failure to pay its Contractors, Contractor, sub- Contractor or laborers, Owner
reserves the right to make any payments directly to any Contractors, sub- Contractor or laborers
on any obligation that Contractor owes to each and all of them. Such direct payments by Owner
shall be made in the sole discretion of Owner. This provision is not intended to make anyone a
third-party beneficiary of this Contract.
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 162 of 379
17.2.2: In the event that Owner makes such direct payments, Contractor agrees to immediately
execute and provide to Owner a lien waiver approved by Owner for the amount of each direct
payment.
17.2.3: Owner is entitled to set off such payments from any obligation that the Owner may owe
to the Contractor on this Contract or any contract or other obligation of Owner to Contractor.
18. INSURANCE. In the event that the Contractor or its employees or agents are required to
come onto the Project of the Owner in connection with the sale of materials or equipment or the
rendering of incidental services under this Agreement, including delivery of materials, the
Contractor shall, prior to entrance on the Project or delivery of materials, purchase and maintain
insurance that will protect it from the claims arising out of its operations under this Agreement,
including Worker's Compensation Insurance, Commercial General Liability, and Automobile
Liability Insurance. The Contractor shall maintain at least the limits of liability in an amount
acceptable to the Owner as set forth in Exhibit B - Insurance Requirements A141. The Owner’s
acceptance shall not be withheld without reasonable cause.
19. SAFETY. The Owner contracts with the Contractor as an independent Owner to provide
all labor, materials, equipment, and incidental services necessary or Incidental to perform this
Agreement, subject as an employer to all applicable unemployment compensation, occupational
health and safety, or similar statutes. In the event that the Contractor, its employees, or agents
are required to come onto a Project of the Owner in connection with the performance of this
Agreement, the Contractor shall comply with all current safety requirements of the Owner
identified in this Agreement, as well as all Laws as defined by Article 23.
20. INDEMNITY.
20.1 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless Owner and their employees and agents (the “Indemnified Parties”) from and against
any and all loss, cost, expense, attorney’s fees (including attorney’s fees incurred by Owner to
enforce Contractor’s indemnity obligations and Contractor’s other obligations under the
Contract), damage, injury, liability, claim, demand, penalty or cause of action (including
attorneys’ fees), directly or indirectly arising out of, resulting from, related to, or in any way
connected with (in whole or in part), (1) the Contract Work, (2) payment for the Contract Work,
(3) the Contract, (4) occurring or resulting from the use by Contractor, its agents or employers of
materials, equipment, or other property whether owned by Owner, Contractor or third parties, or
(5) the act or omission of Contractor or any individual, partnership, joint venture or corporation
(a) directly or indirectly employed by Contractor or (b) for whose acts or omissions Contractor
may be liable. The indemnity obligations of Contractor shall apply to all matters except those
arising solely from the negligence or other wrongful acts or omissions of the Owner, or any of
their employees or agents.
Contractor further agrees to obtain, maintain and pay for such insurance coverage and in the
amounts required by Article 18, naming Owner as additional insureds as will insure the
provisions of this paragraph to the fullest extent available. To the fullest extent permitted by
law, such insurance coverage shall include coverage for injury, loss or damage attributable to the
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 163 of 379
liability, negligence or otherwise wrongful act or omission, including breach of a specific
contractual duty of Contractor and any of Contractor’s independent Owners, agents, employees
or delegates, except for matters arising solely from the negligence or other wrongful acts or
omissions of Owner or any of their employees and agents.
Contractor shall furnish Owner with Certificates of Insurance and additional insured
endorsements as evidence thereof within three days of Contractor’s execution of this Contract.
Contractor further agrees to indemnify, defend and save harmless Owner, its agents and
employees from and against all claims arising within the scope and types and limits of insurance
Contractor has agreed to obtain, maintain and pay for pursuant to this Contract to the same extent
as said insurance if Contractor fails to obtain and keep in force said insurance and to the full
extent of the deductible amount of self insured retention of said insurance.
20.2 Such obligation shall survive the completion of the Project and final payment to
Contractor, as well as termination of the Contract for any other reason.
20.3 In the event of any Indemnified Claim, or any threat of one, Owner may retain any and all
monies due or that become due to Contractor under the Contract in an amount sufficient to assure
Contractor’s defense and indemnity obligations. This right of retention is in addition to, and is
intended to complement, any others within this Contract.
20.4 No Limitation on Liability Based upon Worker’s Compensation Liability Limits.
In all claims against any person or entity indemnified under this Article 20 by Contractor, any
employee of Contractor, anyone directly or indirectly employed by Contractor or anyone for
whose acts Contractor may be liable, Contractor’s indemnification obligations shall not be
limited in any way by any limitation on the amount or type of damages, compensation or benefits
payable by or for Contractor or anyone directly or indirectly employed by Contractor under
workers’ compensation acts, disability benefit acts or other employee benefit acts.
21. DEFENSE OF CLAIMS.
To the fullest extent permitted by law, Contractor shall defend the Owner, their agents and
employees, with respect to any claims, lawsuits or arbitration proceedings arising out of,
resulting from or in any way connected to Contractor’s work, including but not limited to claims
alleging injury or damage attributable in whole or in part to the liability, negligence or otherwise
wrongful act or omission, including breach of a specific contractual duty, of Owner or any of
their independent Owners, agents, employees, delegates, or Contractors. Owner shall have the
right to choose the counsel who will defend them, with the cost of defense to be paid by
Contractor. In the event Owner tenders defense of a claim to Contractor and Contractor fails or
refuses to defend the claim, Owner may defend the claim and recover the cost of defense,
including reasonable attorney’s fees and out of pocket costs, from Contractor, as well as legal
fees and disbursements incurred to enforce the provisions of this paragraph.
22. WAIVER OF CONSEQUENTIAL DAMAGES. The Owner and Contractor waive
claims against each other for consequential damages arising out of or relating to this Agreement;
however, this waiver shall not apply to any claim for reimbursement or indemnification for any
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 164 of 379
consequential damages one Party was required to pay to a third party as a result of an act or
omission of the other party or their employees or agents, and shall not preclude the recovery of
any liquidated damages expressly called for by this Agreement.
23. PATENTS. The Contractor shall indemnify, defend, and hold the Owner harmless from
all suits or claims for infringement of any patent rights or copyrights arising out of the use or sale
of the materials or equipment purchased and shall pay and discharge any and all judgments or
decrees that may be rendered in any such suit, action, or proceedings, provided the Contractor’s
ability to do so has not been materially prejudiced by the Owner’s failure to give the Contractor
written notice of such suit or claim. Unless identified in this Agreement as requiring patent rights
or copyrights, the Contractor's obligations under this article shall not apply to materials or
equipment specified by the Owner nor purchased materials or equipment modified by the Owner,
unless the Contractor has consented to such modification in writing, which shall not be
unreasonably withheld.
24. COMPLIANCE WITH LAWS. At its own costs, the Contractor shall comply with all
federal, state, and local laws, regulations, codes, and ordinances (“Laws") applicable to the
Contractor, Owner, or the incidental services covered by this Agreement.
25. ASSIGNMENT. Except for assignment of proceeds, no assignment of this Agreement or
of any right, obligation, or delegation of duty under this Agreement shall be made without the
written consent of the other Party or their duly authorized agent. Any attempted assignment or
delegation without such consent shall be void. A delegating Party shall retain responsibility for
performance, permit only qualified persons to perform, and provide competent supervision. The
terms and conditions of this Agreement shall be binding upon both Parties, their partners,
successors, assigns, and legal representatives.
26. WAIVER. Either Party’s’ failure to insist on performance of any term, condition, or
instruction, or to exercise any right or privilege provided in this Agreement, or its waiver of any
breach, shall not thereafter waive any such term, condition, instruction, or any right or privilege.
27. GOVERNING LAW. This Agreement shall be governed by the Law in effect at the
location of the Project.
28. DISPUTE RESOLUTION:
28.1 Remedies
28.1.1: Should Contractor’s performance, in whole or part, be delayed, disrupted, accelerated or
suspended in the commencement, prosecution or completion of the Contract Work (“Delay”), for
reasons beyond Contractor’s control and without its fault or negligence, Contractor’s sole
remedy against Owner for claims based upon the action or inaction of Owner, including action or
inaction amounting to a breach of the Contract, or the action or inaction of any person or entity
other than Owner, shall be a reasonable extension of the time for performance in which to
complete the Contract Work. If such Delay claims are based upon Owner’s action or inaction,
Contractor’s sole remedies against Owner shall be: (a) a reasonable extension of the time for
performance in which to complete the Contract Work, provided that a similar extension of time
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 165 of 379
has been granted by Owner; and (b) to the extent that Owner pays amounts as compensation for
the Delay, such payment being a condition precedent to Owner’s obligation hereunder, then
Contractor shall receive reasonable compensation for such Delay, not to exceed the amount
actually received by Owner as compensation for Contractor’s Delay.
28.1.2: Contractor shall only be entitled to the remedies specified in section 28.1.1 if Contractor
shall have notified Owner in writing of the cause of Delay no later than seventy-two (72) hours
after the occurrence of the event causing the Delay.
28.2 Claims by Owner
28.2.1: Contractor shall defend and indemnify Owner to the fullest extent permitted by law
against any Claim by Owner based in whole or in part upon the Contract Work.
28.2.2: If Contractor is unsatisfied with any proposed Change Order or written order, or
otherwise has a Claim for which Owner is or may be responsible, Owner, upon Contractor’s
timely request and at Contractor’s sole expense, may assist Contractor in presenting its Claims to
Owner or its consultants, but in doing so, acts solely as a conduit for such Claim and assumes no
responsibility or liability for any portion of that Claim.
28.2.3: Notice of any Claim by Contractor which will cause Owner, pursuant to the General
Contract, to either notify or make its own Claim within a specified time period or in a specified
manner shall be made in writing no later than seventy-two (72) hours after the occurrence of the
event giving rise to the Claim. Failure of Contractor to satisfy the requirements of this section
shall bind Contractor to the same consequences as those to which Owner is bound.
28.2.4: Contractor shall prosecute any Claim described in AIA A141 Article 14 by following all
claims procedures, if any, in the General Contract.
28.2.5: Contractor shall be bound to Owner to the same extent that Owner is bound by all
decisions made in any proceeding authorized by the General Contract. Contractor’s
compensation on Claims described in AIA A141 Article 14 shall be limited to the compensation
actually paid to Owner in connection with those claims, and receipt of such payment by Owner is
a condition precedent to Owner’s payment obligations.
28.3 Joinder of Contractor
28.3.1: Owner may, at its sole discretion, join Contractor or any of its Sub-Contractors in any
dispute resolution proceeding to which Owner is or becomes a party and which, in Owner’s sole
judgment, relates to or affects Contractor’s performance of the Contract Work, including: (a) any
dispute resolution procedure provided in the General Contract for disputes arising between
Owner, or others, including arbitration and submission to Architect or other Owner consultants;
(b) litigation; (c) administrative proceedings; and (d) any other dispute resolution proceeding
applicable under the prevailing law. If so joined, Contractor shall participate at its own expense,
shall be bound by the outcome, and shall dismiss or abate any related mediation, arbitration, or
litigation proceedings initiated against Owner described in AIA A141 Article 14.
28.4 Claims between Owner and Contractor
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 166 of 379
28.4.1: If either party has Claims against the other which are not described in AIA A141 Article
14, the claimant shall provide written notice of that Claim to the other party within sixty (60)
calendar days after the claimant knew or should have known of the facts giving rise to the claim.
28.4.2: The Parties shall first attempt to resolve any claims or disputes arising from or relating to
this Contract through good-faith direct discussions of settlement. If good-faith direct discussions
do not result in resolution of the matter within fifteen (15) calendar days from the date of first
discussion, the Parties shall submit the matter to mediation. Mediation shall be conducted
through the current Construction Industry Mediation Rules of the American Arbitration
Association (“AAA”), or the Parties may mutually agree to select another set of mediation rules
and to select a mediator without the assistance of the AAA. Mediation shall be convened within
thirty (30) calendar days of the date of first discussion and shall conclude within forty-five (45)
calendar days of the date of first discussion.
28.4.3: Any remaining claim or dispute not resolved by settlement or mediation shall, as Owner
in its sole discretion elects, be decided by litigation.
28.4.4: If either party is compelled to litigate a claim or dispute related to this Contract or the
Project, the most prevailing party shall be entitled to an award for costs and expenses, including
reasonable attorney and expert fees. The parties can join all parties necessary to resolve the
dispute.
Contractor shall continue the progress of the Contract Work throughout the course of any dispute
between Owner and Contractor.
28.5 General Provisions
28.5.1: Contractor shall proceed with the Contract Work and maintain its progress in all respects
during the pendency of any claim, dispute, mediation, arbitration or litigation provided Owner
has made payments that are otherwise payable in accordance with this Contract.
28.5.2: Contractor agrees that it shall make no claim nor initiate any proceedings arising out of
or related to the Contract, the performance of the Contract Work , or otherwise relating to the
Project except as specifically provided herein, and then only after all required notice and claim
procedures have been strictly complied with.
28.5.3: All Claims must be in writing or they shall be deemed invalid.
28.5.4: Upon the submission of a Claim by Contractor, Contractor shall make available to
Owner for inspection all of Contractor’s files and records including its bid preparation files
relevant to the Claim if requested by Owner.
29. JOINT DRAFTING. The Parties expressly agree that this Agreement was jointly drafted,
and that they both had opportunity to negotiate terms and to obtain assistance of counsel in
reviewing terms prior to execution. This Agreement shall be construed neither against nor in
favor of either Party, but shall be construed in a neutral manner.
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 167 of 379
OWNER:
CITY OF LAKEVILLE
CONTRACTOR:
ACTION TARGET
By: _______________________ By:______________________
___________________________
Name and Title:
___________________________
Name and Title:
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
CFOScott Wright
Page 168 of 379
Page 1
232454v1
PURCHASING AGENT AGREEMENT
THIS AGREEMENT is made by and between Action Target(“Agent”) and the City of
Lakeville, a Minnesota municipal corporation (“Owner”), a Minnesota city generally exempt
from paying state sales and use tax under Minn. Stat. § 297A.70;
WHEREAS, Owner is undertaking the construction on its property of certain
improvements generally described as the Lakeville FiRST Center Public Safety Training Facility
("the Project”);
WHEREAS, Owner wishes to purchase on its own account materials, supplies and
equipment for the Project (collectively “Tax-Exempt Materials”) as described in Exhibit A,
attached hereto;
WHEREAS, Owner has solicited separate bids for the Tax-Exempt Materials, the award
of which was not contingent upon the successful award of any other part of the Project;
WHEREAS, Agent is the successful bidder for the Tax-Exempt Materials; and
WHEREAS, Agent desires to act as Owner’s purchasing agent for purposes of acquiring
the Tax-Exempt Materials for use exclusively in the Project.
IT IS THEREFORE AGREED between the parties hereto that:
1. This Agreement is made with reference to, and where applicable shall be
governed by, the specifications and provisions set forth in the Contract Documents as such are
defined in the Owner/Contractor Agreement for the Project.
2. Owner appoints Agent to act as its purchasing agent for purchasing the Tax-
Exempt Materials, and further authorizes Agent to appoint such subagents as Agent deems
appropriate for carrying out the purposes of this Agreement, which subagents shall have similar
powers of appointment.
3. It is understood and agreed that: (a) Owner takes title to the Tax-Exempt
Materials at the point of delivery; (b) Owner assumes the risk of loss for all Tax-Exempt
Materials; and (c) Owner bears all risk for defects in the Tax-Exempt Materials, including Tax-
Exempt Materials incorporated into the real estate.
4. Agent (and any subagents) shall include the following Notice to
Vendors/Suppliers in all purchase orders and other documents furnished to a vendor or supplier
in connection with the purchase of any Tax-Exempt Materials:
NOTICE TO VENDORS/SUPPLIERS
The materials to which this document relates are being purchased by __________
(name of Agent) as the purchasing agent of the City of Lakeville (“the Owner”). It
is the Owner’s obligation, not the purchasing agent’s, to pay for the materials.
EXHIBIT D
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 169 of 379
Page 2
232454v1
Because the Owner is a city of Minnesota, this purchase is exempt from sales tax
under Minn. Stat. § 297A.70.
5. Agent shall exercise reasonable care in performance of its duties as purchasing
agent, including the inspection of the Tax-Exempt Materials for obvious or apparent defects or
the failure of such materials to conform to the plans, specifications and all Contract Documents
relating to the Project.
6. Owner shall pay the sum of $2,686,753.00 for all of the Tax-Exempt Materials
purchased by Agent under this Agreement.
Agent shall direct vendors and suppliers to deliver invoices for the Tax-Exempt Materials to
Owner in care of Agent at Action Target 3411 South Mountain Vista Parkway, Provo, UT
984606. Agent shall submit invoices for payment to Owner, which invoices shall be due and
payable upon Owner’s receipt of the invoices.
7. Agent shall promptly notify Owner of any sales and use tax audit by the
Minnesota commissioner of Revenue or of the threatened imposition or assessment of any sales
or use taxes. Owner may, at its sole option and cost, dispute, contest or otherwise resist the
imposition or assessment of any such taxes. Upon reasonable notice to Owner, Agent may (but is
not obligated to) take such actions as it deems reasonable in response to the threatened
imposition or assessment of taxes, which actions shall be deemed to have been taken on Owner’s
behalf. If any Minnesota sales or use taxes are imposed or assessed with respect to any Tax-
Exempt Materials purchased pursuant to this Agreement, Owner shall be solely responsible for
the payment of such taxes, including any related penalties and interest, and shall hold Agent
harmless and indemnify Agent from any such cost or expense related thereto, including any legal
fees and costs incurred by Agent in connection therewith or in connection with the enforcement
of this paragraph.
8. The agency relationship created by this Agreement is intended to be in
compliance with Minnesota Rule 8130.1200 and its current interpretation by the Minnesota
Department of Revenue.
9. The alternative dispute resolution provisions (if any) in the Owner/Contractor
Agreement are incorporated herein by reference and are applicable to any dispute between the
parties hereto arising out of this Agreement.
10. Owner may terminate this Agreement at any time and for any reason. Upon
receiving notice of termination, Agent shall cease making any purchases and shall promptly
notify any subagents it has appointed that such appointment has likewise been terminated, that
they are to cease initiating any new purchases, and that they are to likewise notify any subagents
they have appointed that they are to cease initiating any new purchases. Any purchases that were
initiated by Agent or subagent prior to its receiving notice of termination and that cannot be
reasonably reversed after it received notice of termination shall be deemed to have been made
with authority.
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 170 of 379
Page 3
232454v1
11. The provisions of this Agreement shall be binding upon and inure to the benefit of
the parties and their respective heirs, legal representatives, assigns, and any subagents appointed
pursuant to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this ____
day of __________, 2024.
AGENT: By: __________________________________________
Its: __________________________________________
CITY OF LAKEVILLE
Date: __________________________ By: ________________________________
Luke Hellier, Mayor
Date: __________________________ And: _______________________________
Justin Miller, City Administrator
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
23
Scott Wright CFO
September
Page 171 of 379
EXHBIT E
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 172 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 173 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 174 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 175 of 379
Docusign Envelope ID: 510D9612-FE03-42D0-B7AE-C4C2AA0F0914
Page 176 of 379
Date: 10/7/2024
Supplemental Agreement for Professional Services with WSB for FiRST Center
Proposed Action
Staff recommends adoption of the following motion: Move to approve WSB supplemental
agreement for professional services for the FiRST Center, City Project 25-12.
Overview
The City Council approved a professional services agreement with Leo A. Daly Architects for
architectural services to develop plans for the FiRST Center on November 6, 2023. In support of
facilitating site redevelopment and maximizing the highest and best use of City properties, City
staff is investigating the potential to construct required stormwater management facilities off-site
(PID No. 22-03300-10-010). To assist in advancing the project and the engineering planning and
design, additional geotechnical and topographic surveying information is required. The results
will be used by Leo A. Daly Architects to identify the structural properties of the off-site soils
and existing surface conditions, and determine the final design for the stormwater management
facilities.
WSB's supplemental agreement includes the scope of services and estimated costs to provide
professional environmental services for City Project 25-12 and is subject to the Master Services
Agreement dated September 20, 2021.
Supporting Information
1. 2024.09.23 WSB Supplemental Agreement for Geotechnical & Surveying
Financial Impact: $28,600 Budgeted: Yes Source: Building Fund (Reimbursed by State
Funds)
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: Zach Johnson, City Engineer
Page 177 of 379
G:\GROUP DATA\Materials\Mark\PROPOSAL - MARKETING\GEO PSO FiRST Center Lakeville, MN 092424.docx 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG.COM September 23, 2024
Zach Johnson, PE
City Engineer
City of Lakeville, MN
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Supplemental Agreement: Geotechnical and Surveying Services – East Parcel
Lakeville Regional Public Safety Training Facility (FiRST Center)
7777 214th Street West
Lakeville, Minnesota
Dear Mr. Johnson,
Thank you for the opportunity to provide professional services for a geotechnical evaluation and
surveying for the above referenced project. This lump sum fee proposal is in response to your
RFP dated September 11, 2024, regarding geotechnical services. In this proposal, we present a
description of our understanding of the project, an outline of the scope of work we are to provide,
and a fee schedule and estimate of costs for our services.
It is our understanding that this project consists of construction of a new wetland channel and
pooling areas located along South Creek.
A.Project Objectives
Based upon our experience with similar projects the objectives of our geotechnical services are to
perform subsurface borings, classify and analyze the soil samples, discuss groundwater issues,
perform laboratory testing on the soils, and prepare discussions of infiltration rates and soil
properties.
Our Surveying services will include a full topographic survey of the highlighted property including
locating of utilities, trees, southerly boundary line, south bank of South Creek, all visible physical
features. WSB will prepare a topographic survey in CAD.
B.Scope of Basic Services
Based on our understanding of the project we proposed the following scope of services:
1.Site Access
Based on a review of the information you provided it appears that the site will require an
off-road drill rig for site access. We will utilize our ATV drilling rig that will be delivering to
the site by our semi-truck rig and trailer. These vehicles will be parked onsite while field
services are completed. Surveying will utilize a small pickup truck as needed.
Page 178 of 379
FiRST Center
September 23, 2024
Page 2
2. Bore Hole Locating and Gopher State One Call
WSB will stake the proposed bore hole locations with our surveyors to obtain boring
locations and elevations.
Prior to sending a drill rig or the surveyors to the site WSB will contact Gopher State One
Call (GSOC) and have them request public underground utility owners mark and clear
our proposed bore hole locations of their utilities. If there are private underground utilities
that are not located by GSOC, you must notify WSB immediately. WSB will take
reasonable precautions to avoid underground facilities when drilling.
3. Subsurface Test Borings
We propose to complete 11 standard penetration test borings to depths of 14.5 feet
below grade. In the standard penetration test borings we will sample and record blow
counts at 2½ foot intervals to the boreholes termination depth.
Samples retrieved during drilling will be returned to our laboratory where they will be
reviewed, classified using the Unified Soil Classification System (USCS) and logged
under the direction of a geotechnical engineer. Select samples will be set aside for
laboratory testing which may include moisture content, #200 wash gradations, organic
content, hydrometers, and permeability tests.
Such tests will aid in determining soil classification and properties and potential behavior
characteristics to help guide our recommendations.
4. Geotechnical Engineering Report
Information gathered for this project will be used to prepare a geotechnical report. The
report will summarize our findings and provide a discussion of subsurface soil and
groundwater conditions encountered in our borings and how they may affect the
proposed construction of a wetland channel and pools. The report will also provide
estimates of ground water depths/elevations and a discussion of soils for use as
structural fill and site fill.
We will provide you and any identified members of your design/project team with a PDF
copy of our geotechnical report. If requested, we will also provide you with an original
hard copy.
This geotechnical proposal is presented for engineering services to determine the
structural properties of the soil at the specified site. It does not cover an environmental
assessment of the site, or environmental testing of the soil or groundwater.
5. Surveying
WSB understands the property is owned by City of Lakeville (PID: 220330010010) and is
located within the Southeast Quarter of the Northeast Quarter of Section 33, Township
114, Range 20, Dakota County, Minnesota.
The surveying work will include the following:
•Full topographic survey of property lying south of south bank of South Creek and north of
adjacent parcels platted as AIRLAKE DEVELOPMENT SECOND ADDITION and
AIRLAKE SOUTH CREEK BUSINESS PARK.
Page 179 of 379
FiRST Center
September 23, 2024
Page 3
•Locate gas line as marked in field by others (City of Lakeville to coordinate field marking)
•Stake location of southerly boundary line of City of Lakeville property lying south of South
Creek (northerly boundary of adjacent plats noted above.
•Tree location.
•Locate south bank of South Creek.
•Locate all visible physical features within said area.
•Gopher One Call to be requested by WSB.
•Creation of topographic survey of above described area.
•Potential easements to be shown based upon documents as supplied by City of
Lakeville.
•No title or record search to be performed by WSB.
6. Schedule
Based on our current drilling backlog, we anticipate that we can mobilize our truck
mounted auger drill to the site in about 6 weeks from the time that written authorization is
provided. Laboratory work and report preparation will take about 2 weeks following
completion of the field work. It should be noted that this schedule may change based on
timing of authorization, site conditions and other factors. Should our anticipated schedule
change, we will let you know within 48 hours of the change.
Surveying is prepared to start the topographic survey within 2 weeks of written approval,
and it is estimated that a topographic survey could be provided by 4 weeks from the time
of such authorization.
7. Fee
Our lump sum fee is provided below.
Services Estimated Cost
Geotechnical
11 Standard Penetration Borings to depths of 14.5 feet,
Mobilization/Demobilization, Project Management and
Administration, Gopher State Utility Clearance, Soil
Classification, Boring Logs, Laboratory Testing,
Geotechnical Report, Consumables
$ 21,000.00
Surveying
Full Topographic Survey, CAD drawings, Utility Location $7,600.00
LUMP SUM COST $28,600.00
If additional borings or deeper borings are needed, or if engineering and testing are
requested beyond that necessary for preparation of our report (post-report consultation,
report revision due to changes in building design or location, specification review, or pre-
construction meetings), the increase in our fees will be in accordance with the rates
previously indicated or at the unit prices shown on the enclosed Rate Schedule for hourly
services.
If you have any questions regarding our scope of services or how they may be modified
to meet your project needs, please feel free to give us a call to discuss.
Page 180 of 379
FiRST Center
September 23, 2024
Page 4
C. Closure
This letter represents our complete understanding of the proposed scope of services. If you are in
agreement with the scope of services, attached General Contract Provisions, and proposed fee,
please sign in the appropriate space below and return one copy to my attention. If you have any
questions about this proposal, please feel free to call Mark Osborn at 507.649.0381.
WSB can also provide construction monitoring, testing and inspections for this project including
double ring infiltration of the stormwater areas. If you would like any of these services, please
contact us.
The fee structure will follow the existing Master Service Agreement.
WSB appreciates the opportunity of being considered for this project and we look forward to
providing our professional services to you.
Sincerely,
WSB
Mark Osborn, PE Jeff Rolfson, PLS
Director of Geotechnical Engineering Professional Land Surveyor
ACCEPTED BY:
Name (print) _______________________
Signature _______________________________
Company _______________________________
Title
Date
Page 181 of 379
PSO - EXHIBIT A
ARTICLE 1 - PERIOD OF SERVICE
The Services described under Scope of Services shall be completed expeditiously and professionally so as to maintain the agreed upon
schedule. The schedule may be modified by the parties by agreement or as a result of an excusable delay caused by Force Majeure, a
Client Delay, Change in Law or unforeseen conditions at the Project site.
ARTICLE 2 - COMPENSATION
Unless otherwise stated in the PSO, Consultant shall perform the work on a time and materials basis and invoice for its work monthly. If
not stated in the PSO, fees will be according to Consultant’s current fee schedule. Fee schedules are valid for the calendar year in which
they are issued. Each invoice shall include details for the time and reimbursable expenses incurred the previous month. Reimbursable
expenses shall include but are not limited to, travel and lodging, mileage, print and plotting charges, shipping charges, messenger delivery
charges, plus all taxes (including sales taxes), fees, including but not limited to permit, application, testing, and recording fees, imposts,
or stamps required by State, Federal, Municipal, or other government agencies in the providing of Services.
Client agrees to pay all invoices within thirty (30) days of receiving same. Any invoice not paid within thirty (30) days of the original invoice
date shall bear interest at the lower of 1.5% per month or the highest rate permitted by applicable law on the unpaid balance.
If Client fails to pay any amount by the applicable due date, Consultant shall have the right to suspend work and withhold Instruments of
Service (as defined below) until payment in full, including interest, is received. Consultant shall have no liability whatsoever to Client for
any costs or damages that result from such suspension or withholding of Instruments of Service, and Consultant shall be entitled to
reimbursement of all costs incurred while work is suspended. If Consultant resumes services after payment by Client, the time schedule
and fees for remaining Services shall be equitably adjusted.
If Client fails to pay any amount by the applicable due date, Consultant shall have the right to commence collection efforts, and all
collection costs incurred by Consultant shall become immediately due and payable to Consultant as such collection costs are incurred.
Collection costs include, but are not limited to, legal fees, collection agency fees, court costs, and reasonable staff costs for Consultant's
staff time spent in efforts to collect the overdue balance.
Client’s failure to pay Consultant in accordance with this Agreement shall constitute a material breach of this Agreement and shall be
cause for Consultant to suspend performance or terminate this Agreement.
If the Services are suspended by Client for more than thirty (30) calendar days, consecutive or aggregate, Consultant shall be
compensated for Services performed prior to such suspension. When the Services are resumed, Consultant shall be compensated for
time and expenses incurred in the interruption and resumption of Services. Consultant’s fees for the remaining Services and the time
schedules shall be equitably adjusted.
ARTICLE 3 – ADDITIONAL SERVICES
In the event of any changes in the Scope of Services, Client Delay, changed or unforeseen conditions, Change in Law or event of Force
Majeure, Client agrees to issue an Amendment for Additional Services (“AAS”) to equitably adjust Consultant’s fees and the time of
performance. If Consultant is caused to increase its Scope of Services and Client does not issue an AAS that is acceptable to Consultant,
compensation for the expanded Scope of Services shall be on an hourly basis according to Consultant's then-current standard rate
schedule (“Rate Schedule”), plus reimbursable expenses.
A “Client Delay” shall include a delay caused by the Client failing to make timely decisions, a delay in the delivery of Client ordered
equipment or supplies, or a delay by a Client-hired contractor or consultant not timely completing work upon which Consultant’s work is
dependent. “Force Majeure” is defined below in Article 12. A “Change in Law” is a change in the applicable laws or regulations applicable
to the Project when the change occurs after the date of this Agreement.
ARTICLE 4 - CLIENT’S RESPONSIBILITIES
Client agrees to provide to Consultant in a timely manner all available information, requirements, and limitations relevant to Consultant's
performance of its Scope of Services, including, but not limited to, objectives, schedule, constraints and criteria, space requirements,
flexibility, expandability, special equipment, systems, and site requirements. Client furnished information shall also include data (and
professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous
reports, core borings, sub-surface explorations, hydrographic and hydrogeologic surveys, laboratory tests and inspection of samples,
materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact
statements; property, boundary, easement, right-of-way, topographic and utility surveys; property description; zoning, deed and other
land use restrictions; and other special data. Consultant may rely on the accuracy of the Client’s supplied information and use such
information in the development of Consultant’s Scope of Services. The accuracy of the Client’s information is the Client’s responsibility.
Client shall update any information it provides if Client becomes aware of any changes in circumstances. Consultant shall endeavor to
verify the information provided and shall promptly notify the Client if the Consultant discovers that any information or services furnished
by the Client is in error or is inadequate for its purpose. Client shall also notify the Consultant whenever the Client observes or otherwise
becomes aware of any defect in construction or design.
Client shall furnish right-of-way entry and continuous unimpaired access to each site subject to a Task Order for Consultant to perform
its Scope of Services. Client shall also require all Utilities with facilities in the Client’s right of way to locate and mark said utilities upon
request, relocate and/or protect said utilities as determined necessary to accommodate work, submit a schedule of the necessary
relocation/protection activities to the Client for review and comply with agreed upon schedule.
Page 182 of 379
2
PSO - Exhibit A_202308
Where appropriate, Client shall endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in
the project area prior to accomplishment by the Consultant of any work.
Client shall render decisions in a timely manner pertaining to documents submitted by Consultant to avoid unreasonable delay in the
orderly and sequential progress of the Services, including acting promptly to approve all pay requests or requests for information by
Consultant. Client shall furnish the services of other consultants when such services are requested by Consultant and are reasonably
required by the scope of the Project.
Client shall designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the
Client’s policies with respect to services rendered by the Consultant, and authority to make decisions as required for Consultant to
complete services.
Client shall provide such legal, accounting and insurance counseling services as may be required and bear all costs incidental to
compliance with the requirements of this article.
ARTICLE 5 - INDEMNIFICATION
To the fullest extent permitted by law, subject to the limitations set forth below in this Agreement, Client and Consultant shall indemnify
and hold harmless the other and its respective directors, officers, employees, and representatives from and against all legal liability for
claims, losses, damages, and expenses to the extent such claims, losses, damages, or expenses are legally determined to be caused
by the indemnitor's negligent acts, errors, or omissions. Neither party shall have a duty to defend the other party and no duty to defend is
created by this Agreement.
ARTICLE 6 - LIABILITY LIMITATION
Client and Consultant have evaluated the parties’ relative risks and benefits associated with this Project, including Consultant's fee relative
to the risks assumed, and agree to allocate certain of the associated risks. To the fullest extent permitted by law, the total aggregate
liability of Consultant (and its employees and sub-consultants) to Client for all injuries, damages, claims, losses, or expenses (including
attorney fees and expert fees) arising out of Consultant's services or this Agreement is limited to the greater of Consultant’s project fee
or $50,000, and Client agrees to hold Consultant harmless for any liability more than such amount. This limitation shall apply regardless
of available insurance coverage, cause(s), or the theories of liability, including, but not limited to, breach of contract, negligence,
contribution, indemnity, or other remedies.
ARTICLE 7 - STANDARD OF CARE
Consultant will perform the Services in a manner consistent with the level of care and skill ordinarily exercised by members of Consultant’s
profession currently practicing under similar conditions in the same locale. EXCEPT AS SPECIFICALLY STATED HEREIN,
CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES,
AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ARTICLE 8 - CONSEQUENTIAL DAMAGES
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY;
LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES, GOODS, OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL,
CONSEQUENTIAL, INDIRECT, PUNITIVE, OR EXEMPLARY DAMAGES.
ARTICLE 9 - DISPUTE RESOLUTION
If a claim or dispute arises out of or relates to Consultant's Services or this Agreement, the parties shall attempt in good faith to settle
such claim or dispute through direct discussions.
Any claim or dispute arising out of or related to Consultant's Services or this Agreement (except for collection procedures employed by
Consultant and those waived or barred as provided elsewhere in this Agreement) that is not resolved by direct discussions shall be
submitted to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. Either party may file a
request for mediation. Mediation shall be pursuant to the Construction Industry Mediation Rules of the American Arbitration Association.
The Mediator shall be selected by the parties within fifteen (15) days of the request for mediation. Mediation shall proceed in advance of
legal or equitable proceedings, which shall be stayed pending the conclusion of mediation for a period of sixty (60) days from the date of
filing, unless stayed for a longer period by agreement of the parties or by court order. The parties shall share the mediator's fee and any
filing fees equally. The mediation shall be held in Minneapolis, Minnesota.
Notwithstanding the foregoing, if a claim or dispute between the parties involves, relates to, or is the subject of a mechanic's lien or
construction lien arising out of Consultant's Services, Consultant may proceed in accordance with applicable law to comply with all
statutory requirements, including those related to lien notice and filing deadlines, prior to the commencement or conclusion of mediation
or other form of alternative dispute resolution agreed to by the parties.
ARTICLE 10 - TERMINATION
Either party may terminate this Agreement for convenience and without cause upon twenty-one (21) calendar days written notice.
Either party may terminate this Agreement for cause upon ten (10) calendar days written notice for one or more of the following reasons:
Page 183 of 379
3
PSO - Exhibit A_202308
1. The other party's material breach of this Agreement;
2. Assignment of this Agreement without the written consent of the other party;
3. Suspension of the Project or Consultant's Services for more than thirty (30) calendar days, consecutive or aggregate; or
4. Material changes in the conditions under which this Agreement was executed, the Scope of Services, the nature of the Project,
or the failure of the parties to reach an agreement on compensation and/or scheduling adjustments necessitated by such
changes.
In the event of termination of this Agreement by either party, regardless of the reason for termination, Client shall, within fifteen (15) days
of termination, pay Consultant in full for all services rendered and costs incurred by Consultant up to the date of termination. Additionally,
and notwithstanding any language in this Agreement to the contrary, within sixty (60) days of termination, Client shall reimburse Consultant
for all expenses incurred by Consultant in connection with the orderly termination of this Agreement, including, but not limited to,
demobilization, reassignment of personnel, associated overhead costs, and all other expenses resulting from the termination.
ARTICLE 11 - INSURANCE
Consultant shall carry the following insurance:
Workers Compensation Statutory
Employers Liability $1,000,000
General Liability $1,000,000 Each Occurrence/ $1,000,000 Aggregate
Automobile Liability $1,000,000 Combined Single Limit
Professional Liability $3,000,000 Per Claim/ $3,000,000 Annual Aggregate
General Liability shall name the Client as an additional insured. The insurer agrees to give thirty (30) days written notice in the event of
cancellation by the insurer.
ARTICLE 12 - MISCELLANEOUS
A. WORK PRODUCT / DOCUMENT OWNERSHIP
Except as otherwise provided in Exhibit B (if applicable), the following shall apply to the ownership of documents and work product:
Unless Client requests otherwise, Consultant will provide its documents and materials both in a hard copy and in an electronic format.
Because electronic documents may be modified intentionally or inadvertently, Client agrees that Consultant will not be liable for any
losses or damages resulting from any change in an electronic document after Consultant transmits it to Client. All documents,
including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product
prepared by Consultant pursuant to this Agreement are Consultant’s Instruments of Services for use solely with respect to this Project
and, unless otherwise provided, Consultant shall be deemed the owner of these Instruments of Service and shall retain all common
law, statutory and other reserved rights, including copyright. If Client has paid Consultant in full for its Services, Client shall be
permitted to retain copies, including reproducible copies, of Consultant’s Instruments of Service for Client’s information, reference
and use in connection with the Project. Consultant’s Instruments of Service shall not be used by the Client or others on other projects,
for additions for this Project or for completion of this Project by others, except with Consultant's agreement in writing and with
appropriate compensation to Consultant. In consideration of Client's use of Consultant's Instruments of Service, Client shall, to the
fullest extent permitted by law, indemnify and hold harmless Consultant, its directors, officers, agents, and employees from all claims
arising out of the reuse or misuse of such Instruments of Service. Under no circumstances shall transfer of the Consultant's
Instruments of Service be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of
merchantability and fitness for any particular purpose.
Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed
or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information
obtained or derived from such electronic files will be at the user’s sole risk. Consultant makes no representations as to long term
compatibility, usability or readability of electronic files.
B. HAZARDOUS MATERIALS
Client represents to Consultant that no hazardous materials exist at the Project site. If there are hazardous materials at the Project
site, the Client must inform Consultant of the type, quantity, and location of such hazardous materials. If hazardous materials are
discovered at the Project site then Consultant will notify the Client and, to the extent required by law, notify the appropriate
governmental authority. If Consultant or any other entity encounters hazardous materials at the Project site then Consultant may
without any liability to Client or any other entity suspend services until such time as Client retains the appropriate entities to identify
and (as appropriate) abate, remediate, or remove the hazardous material. Client agrees that Consultant has been retained to perform
professional services and shall not be required to become an arranger, operator, generator, or transporter of hazardous material (as
defined by law). Client hereby agrees to indemnify and hold harmless Consultant for all claims losses and damages arising out of
the existence of hazardous materials on the Project site.
C. UNDERGROUND UTILITY AND STRUCTURE CLEARANCE
Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean
structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities
related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and
acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by
Page 184 of 379
4
PSO - Exhibit A_202308
Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground
improvements resulting from subsurface penetration locations established by the Consultant.
D. THIRD-PARTY RELIANCE
All Services provided by Consultant are for Client's and Consultant's sole benefit and exclusive use with no third-party beneficiaries
intended. Reliance upon the Services and any work product is limited to Client and is not intended to benefit any third party.
E. CONSTRUCTION SERVICES
If requested by Client in the Scope of Services or AAS, Consultant shall visit the project during construction to become familiar with
the progress and quality of the contractors’ work and to determine if the work is proceeding, in general, in accordance with plans,
specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make
detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant does not guarantee
the performance of, and shall have no responsibility for, the acts, errors or omissions of any contractor, subcontractor, supplier or
any other entity furnishing materials or performing any work on the project.
Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall
Consultant have authority over or responsibility for the contractors’ means, methods, or procedures of construction. Consultant’s
services do not include review or evaluation of the Client’s, contractor’s or subcontractor’s safety measures, or job site safety. Job
site safety shall be the sole responsibility of the contractor who is performing the work.
For Client-observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client’s observer. If the
Client desires more extensive project observation or full-time project representation, the Client shall request such services be
provided by the Consultant as an additional service. Consultant and Client shall then enter into an AAS detailing the terms and
conditions of the requested project observation.
F. SUBMITTALS AND PAY APPLICATIONS
If the Scope of Services includes the Consultant reviewing and certifying the amounts due the contractor, the Consultant’s certification
for payment shall constitute a representation to the Client, that to the best of the Consultant’s knowledge, information and belief, the
contractor’s work has progressed to the point indicated and that the quality of the work is in general accordance with the documents
issued by the Consultant. The issuance of a certificate for payment shall not be a representation that the Consultant has (1) made
exhaustive or continuous on-site inspections to check the quality or quantity of the work, (2) reviewed construction means, methods,
techniques, sequences or procedures, (3) reviewed copies of requisitions received from subcontractors and material suppliers and
other data requested by the Client to substantiate the contractor’s right to payment, or (4) ascertained how or for what purpose the
contractor has used money previously paid on account of the contract sum. Contractor shall remain exclusively responsible for its
work.
If the Scope of Services includes Consultant’s review and approval of submittals from the contractor, such review shall be for the
limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not
intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means
or methods to be used in construction, and those responsibilities remain exclusively with the Client’s contractor.
G. JOB SITE SAFETY
Neither the Services of Consultant, nor the presence of Consultant at the construction/Project site, shall relieve Client, general
contractor(s), or subcontractor(s) of any of their responsibilities or duties to perform the work in strict accordance with the contract
documents and to comply with all health and safety precautions required by any regulatory agency. Consultant does not have
authority or responsibility to control any construction contractor or its employees in connection with their work or any health or safety
programs or procedures. Client agrees that contractors and subcontractors are solely responsible for job site safety and warrants
that this intent shall be carried out in Client's contracts with contractors. Client also agrees that Client and its contractor(s), jointly and
severally and to the fullest extent permitted by law, shall indemnify and hold harmless Consultant and its employees against any
liability related to health, injury, or job site safety.
H. OPINIONS OF PROBABLE COST
Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions
and utilitarian considerations of operations and maintenance costs provided for are made or to be made on the basis of the
Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified
professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost of labor,
material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices,
and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply
preliminary. Accordingly, the Consultant and Client agree that that proposals, bids or actual costs may vary from opinions,
evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of
probable construction costs and Client expressly waives any claims related to the accuracy of opinions of probable construction
costs. If Client wishes greater assurance as to probable construction cost, Client shall employ an independent cost estimator as part
of its Project responsibilities.
I. FORCE MAJEURE
To the extent any time for performance applies, the affected party shall not be responsible for any delays due to federal, state or
municipal actions or regulations, acts of foreign governments, strikes or other labor shortages, equipment or material delays or
Page 185 of 379
5
PSO - Exhibit A_202308
shortages, delays in issuing applicable permits, acts or omissions of the other party, inclement weather, pandemic, acts of the public
enemy, fires, floods, riots, embargos, other acts of God, government shutdown, unforeseen site conditions or any other events or
causes beyond the control of Consultant.
J. HEADINGS
The headings used in this Agreement are for convenience only and shall in no way define, limit, or describe the scope or intent of
this Agreement or any part hereof.
K. ASSIGNMENT
Client may not assign this Agreement without the written consent of Consultant.
L. ENTIRE AGREEMENT
This Agreement represents and contains the entire agreement and understanding between the parties with respect to the subject
matter of this Agreement and supersedes all prior oral and written agreements and understandings.
M. GOVERNING LAW
The Agreement shall be construed, interpreted, and enforced in accordance with the laws of the state in which the Project is located.
N. MODIFICATIONS
This Agreement may be modified only by a written instrument executed by both parties.
O. WAIVER
No delay or failure by either party to exercise any right or remedy under this Agreement, and no partial or single exercise of a right
or remedy, will waive that or any other right or remedy.
P. SEVERABILITY
Any invalidity or unenforceability of all or part of a provision of this Agreement shall be severable and shall not affect the validity or
enforceability of the remaining part of that provision or other provisions.
Q. EXECUTION
This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original and together which
shall constitute one and the same agreement. Signatures on this Agreement that are transmitted by fax, email or other electronic
means shall be valid and binding.
R. NO PERSONAL LIABILITY
It is intended by the parties to this Agreement that Consultant’s services shall not subject Consultant’s employees, officers or directors
to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary
contained herein, the Client agrees that as the Client’s sole and exclusive remedy for any claim, demand or suit shall be directed
and/or asserted only against Consultant, and not against any of Consultant’s individual employees, officers or directors.
S. LIEN NOTICE – APPLICABLE TO PRIVATE PROJECTS IN MINNESOTA
ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY
FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS.
UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS
IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE OR WITHHOLD THE AMOUNTS
DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN
WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE
YOU TIMELY NOTICE.
T. GENERAL LIEN NOTICE - APPLICABLE TO PRIVATE PROJECTS IN LOCATIONS OTHER THAN MINNESOTA TO THE
EXTENT PERMITTED BY APPLICABLE LAW, AS A PARTY SUPPLYING LABOR OR MATERIALS FOR IMPROVEMENT TO
PROPERTY, WE MAY FILE A LIEN AGAINST YOUR PROPERTY IF WE ARE NOT PAID IN ACCORDANCE WITH THIS
AGREEMENT.
Page 186 of 379
2024 Rate Schedule
WSBENG.COM
Billing Rate/Hour
SR. PRINCIPAL | SR. ASSOCIATE $249 – $265
PRINCIPAL | ASSOCIATE $184 – $237
SR. PROJECT MANAGER | SR. PROJECT ENGINEER $184 – $237
PROJECT MANAGER | PROJECT MANAGER ASSISTANT $90 – $180
PROJECT ENGINEER | GRADUATE ENGINEER $108 – $179
ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $72 – $177
LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $82 – $172
ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $73 – $170
PLANNER | SR. PLANNER $85 – $177
GIS SPECIALIST | SR. GIS SPECIALIST $82 – $177
CONSTRUCTION OBSERVER $110 – $143
SURVEY
Survey Office Technician $128 – $159
Drone Pilot $186
One-Person Crew $186
Two-Person Crew $250
OFFICE TECHNICIAN $64 – $140
Costs associated with word processing, cell phones and reproduction of common correspondence are included in the above hourly
rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) serv ice
rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include c osts associated
with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of
experience within each category. | Rate Schedule is adjusted annually.
Page 187 of 379
Date: 10/7/2024
Resolution of Support for Draft 2025-2029 Dakota County Capital Improvement Program
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution in support of
the draft 2025-2029 Dakota County Capital Improvement Program.
Overview
Lakeville’s Capital Improvement Plan (CIP) is annually prepared in partnership with Dakota
County staff to include Dakota County transportation projects that align with the City’s
transportation needs and development objectives. The City Council is scheduled to consider
adoption of Lakeville’s 5-year CIP (2025-2029) on October 7, 2024.
The draft 2025-2029 Dakota County Capital Improvement Program includes County projects
that were incorporated into Lakeville’s 2025-2029 CIP. The coordinated effort demonstrates the
City’s and County’s commitment and ongoing investment toward creating and maintaining an
efficient, multimodal transportation system within Lakeville. Final adoption of the draft 2025-
2029 Dakota County Capital Improvement Program is anticipated on December 3, 2024.
Supporting Information
1. Resolution of Support
2. CIP Summary
Financial Impact: $0 Budgeted: Yes Source: Multiple Sources
Envision Lakeville Community Values: Good Value for Public Services; Diversified
Economic Development; Safety throughout the Community; Design that connects the
Community
Report Completed by: Zach Johnson, City Engineer
Page 188 of 379
CITY OF LAKEVILLE
RESOLUTION NO. 24-
Resolution of Support for Draft 2025-2029 Dakota County Capital Improvement
Program
WHEREAS, Dakota County asked cities and townships to request projects for inclusion in the
draft Dakota County 2025-2029 Capital Improvement Program; and
WHEREAS, projects located within the City of Lakeville, as listed in the draft Dakota County
2025-2029 Capital Improvement Program, are important to the City of Lakeville; and
WHEREAS, Dakota County projects in the City of Lakeville’s draft five-year Capital
Improvement Plan (2025-2029) were developed collaboratively between the City and County and
are included in the draft Dakota County 2025-2029 Capital Improvement Program; and
WHEREAS, the City of Lakeville agrees to continue to coordinate efforts with Dakota County
in evaluating the timing and costs associated with the projects programmed in the City of
Lakeville’s draft five-year Capital Improvement Plan (2025-2029) and included in the draft
Dakota County 2025-2029 Capital Improvement Program; and
WHEREAS, the City of Lakeville expresses its support for the continued application of Dakota
County’s Advance Funding for City Cost Participation policy for its importance in maintaining
a safe, multimodal transportation system and meeting the existing and future needs of Lakeville
and Dakota County residents and businesses; and
WHEREAS, the City of Lakeville has financed its share of costs for past Dakota County projects
and intends to participate in project costs included in the draft Dakota County 2025-2029
Capital Improvement Program in accordance with policies included in the current adopted
Dakota County Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED the City of Lakeville supports the projects in the
draft Dakota County 2025-2029 Capital Improvement Program for construction in the years
indicated.
ADOPTED by the Lakeville City Council this 7th day of October 2024.
______________________________
Luke M. Hellier, Mayor
_________________________________
Ann Orlofsky, City Clerk
Page 189 of 379
Five-Year Transportation Capital Improvement Plans Summary (2025-2029)
City of Lakeville and Dakota County
I m pr ovem ent Pr oj ect
Roadways Ci ty County
185th Str eet/CSAH 60 Expansion
(Kenwood Tr ail/CSAH 50 - Ipava Avenue)2025 2025
179th St r eet /Fut ur e CSAH 9 Extension (Br i dge at N or t h Cr eek)
(E. of Pil ot Knob Road/CSA H 31 & S. of 170t h Str eet)2026 2026
D odd Boul evar d/CSAH 9 M oder nizat ion
(208th St r eet - Kenwood Tr ai l/CSA H 50)2027 2027
Cedar Avenue/CSAH 23 Pavement Pr eser vat ion
(179th St r eet /CSAH 9 - 150t h Str eet/CSAH 42)N /A 2027
D odd Boul evar d/CSAH 9 M oder nizat ion
(215th St r eet /CSAH 70 - 210th St r eet )2028 2028
I nt er sect i ons/Roundabout s/Si gnal s
202nd St r eet /CSAH 50 at Hambur g Avenue
Roundabout 2026 2025
Kenwood Tr ail/CSAH 50 at I nt er st at e 35
I nt er change Reconst r uction 2027 2028
210th St r eet /CSA H 70 at Keswick Loop
Roundabout N /A 2028
Tr ai ls
N or t h Cr eek Gr eenway
173r d St r eet to East Communit y Par k Tr ail head 2025 N /A
Lake M ar ion Gr eenway
Rit t er Far m Par k - W . of D odd Boulevar d/CSAH 9
E. of Dodd Boulevar d/CSAH 9 - Holyoke Avenue
2026 2026
Tr aff i c St udi es
185th St r eet /CSA H 60 Alignment St udy
Cedar Avenue/CSAH 23 - Flagstaf f Avenue/CR 64 Int er sect ion 2026 2026
Cedar Avenue/CSAH 23 Cor r idor St udy
Gr if f on Tr ail - 138t h St r eet N /A 2026
N ote: N /A = Not Addr essed
Constr uct i on Y ear
Page 190 of 379
Date: 10/7/2024
Approve Change Order for Citywide Trail Gap Improvements (City Project 23-06)
Proposed Action
Staff recommends adoption of the following motion: Move to approve Change Order for
Citywide Trail Gap Improvements, City Project 23-06.
Overview
City Project 23-06 Citywide Trail Gap Improvements encompasses the construction of various
trail segments throughout Lakeville. The trail segment constructed along Highview
Avenue/Holyoke Avenue is experiencing erosion and created a washout condition immediately
adjacent to a segment of Holyoke Avenue, south of 190th Street. Stabilized rip-rap was placed
adjacent to Holyoke Avenue in 2023 to decrease stormwater velocity and mitigate ongoing scour
and erosion within the project extents. Further remediation is required along Holyoke Avenue to
replace a washed out roadway shoulder section immediately adjacent to the newly constructed
trail. The shoulder will be reconstructed and paved in the immediate area of impact of the
existing washout. Reconstruction of the shoulder is proposed to take place in October 2024.
In addition, heavy rainfall in the spring and summer of 2024 alerted staff of Holyoke Avenue
trail segments that required additional drainage improvements to address public safety hazards.
Draintile will be installed along sections of Holyoke Avenue trail segments to improve drainage
functionality and reduce the amount of runoff that crosses the trail.
The Contractor provided staff with quotes based on estimated quantities for the work to be
performed. The documentation is included in the attachments.
Supporting Information
1. Change Order
2. McNamara - Riprap
3. McNamara - Draintile
4. McNamara - Washout
Financial Impact: $45,867.36 Budgeted: Yes Source: Park Bond Referendum
Envision Lakeville Community Values: Design that Connects the Community
Report Completed by: Jonathan Nelson, Assistant City Engineer
Page 191 of 379
Page 192 of 379
Page 193 of 379
Page 194 of 379
Page 195 of 379
Page 196 of 379
To:Contact:City Of LakevilleHighview- Holyoke Washout RepairProject Name:Bid Number:Fax:Address:Lakeville, MN 55044Phone:Project Location:Bid Date:7/2/2024Addendum #:-Total PriceUnit PriceUnitItem DescriptionItem #Estimated Quantity2021.5011.00 LS $6,500.00 $6,500.00MOBILIZATION2104.50390.00 LF $4.00 $360.00SAWING BITUMINOUS PAVEMENT (FULL DEPTH)2105.60710.00 CY $185.00 $1,850.00ROCK EXCAVATION (EV)2211.50710.00 CY $160.00 $1,600.00AGGREGATE BASE (CV) CLASS 52360.50430.00 SY $110.00 $3,300.00TYPE SP 9.5 WEAR CRS MIX (2,C) 2" THICK2360.50430.00 SY $120.00 $3,600.00TYPE SP 12.5 NON WEAR CRS MIX (2,C) 2.5" THICK141.00 LS $2,500.00 $2,500.00Traffic ControlTotal Bid Price:$19,710.00Notes:•The above pricing is per discussions with McNamara and the City of Lakeville. Pricing is based on units provided and to be paid for based on actual quantity installed as measured in the field.• Bond is included at 0.15%• We reserve the right to negotiate the terms of any binding contract. This includes, but is not limited to, requiring that this quote and notes areincluded in said contract.Payment Terms:Payment due within 10 days after payment is made by Owner or within 30 days of invoice; whichever is soonerACCEPTED:The above prices, specifications and conditions are satisfactory and are hereby accepted.Buyer:Signature:Date of Acceptance:CONFIRMED:McNamara Contracting, Inc.Authorized Signature:Estimator:Lucas Henry612-655-3695 lucash@mcnamaracontracting.com9/5/2024 11:23:40 AMPage 1 of 1Page 197 of 379
Date: 10/7/2024
Resolution Setting Dates of Regular City Council Meetings and Work Sessions for 2025
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution setting dates
of regular City Council meetings and work sessions for 2025.
Overview
The City Council meets on the first and third Mondays of each month. When Monday falls on a
legal holiday, the meeting date is changed to the following day (Tuesday).
The attached resolution establishes the regular City Council meetings and work sessions
scheduled for the coming year. All regular meetings and work sessions will start at 6:00 p.m.
Supporting Information
1. 2025 Official Calendar
Financial Impact: $ Budgeted: No Source:
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Ann Orlofsky, City Clerk
Page 198 of 379
CITY OF LAKEVILLE
RESOLUTION NO._________
RESOLUTION SETTING DATES OF REGULAR CITY COUNCIL MEETINGS AND
WORK SESSIONS FOR 2025
WHEREAS the City Council deems it to be in the best interest of the city to make the City
Council Meeting and Work Session start times consistent with other Lakeville Advisory Boards
and Commissions;
NOW, THEREFORE, BE IT RESOLVED that the Lakeville City Council's meeting dates in
2025 will be as follows: These meetings will begin at 6:00 p.m.
Regular Meeting Regular Meeting Work Session
January 6 January 21* January 27
February 3 February 18* February 24
March 3 March 17 March 24
April 7 April 21 April 28
May 5 May 19 May 27*
June 2 June 16 June 23
July 7 July 21 July 28
August 4 August 18 August 25
September 2* September 15 September 22
October 6 October 20 October 27
November 3 November 17 November 24
December 1 December 15 December 8
*The meeting date is Tuesday due to a legal holiday on Monday
ADOPTED by the Lakeville City Council this 2nd day of October 2024.
CITY OF LAKEVILLE:
_________________________
Luke M Hellier, Mayor
ATTEST:
_________________________
Ann Orlofsky, City Clerk
Page 199 of 379
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
29 30 31 1 2 3 4 26 27 28 29 30 31 1 23 24 25 26 27 28 1 30 31 1 2 3 4 5
5 6 7 8 9 10 11 2 3 4 5 6 7 8 2 3 4 5 6 7 8 6 7 8 9 10 11 12
12 13 14 15 16 17 18 9 10 11 12 13 14 15 9 10 11 12 13 14 15 13 14 15 16 17 18 19
19 20 21 22 23 24 25 16 17 18 19 20 21 22 16 17 18 19 20 21 22 20 21 22 23 24 25 26
26 27 28 29 30 31 1 23 24 25 26 27 28 1 23 24 25 26 27 28 29 27 28 29 30 1 2 3
2 3 4 5 6 7 8 2 3 4 5 6 7 8 30 31 1 2 3 4 5 4 5 6 7 8 9 10
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
27 28 29 30 1 2 3 1 2 3 4 5 6 7 29 30 1 2 3 4 5 27 28 29 30 31 1 2
4 5 6 7 8 9 10 8 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9
11 12 13 14 15 16 17 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16
18 19 20 21 22 23 24 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23
25 26 27 28 29 30 31 29 30 1 2 3 4 5 27 28 29 30 31 1 2 24 25 26 27 28 29 30
1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 31 1 2 3 4 5 6
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
31 1 2 3 4 5 6 28 29 30 1 2 3 4 26 27 28 29 30 31 1 30 1 2 3 4 5 6
7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 7 8 9 10 11 12 13
14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 14 15 16 17 18 19 20
21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 21 22 23 24 25 26 27
28 29 30 1 2 3 4 26 27 28 29 30 31 1 23 24 25 26 27 28 29 28 29 30 31 1 2 3
5 6 7 8 9 10 11 2 3 4 5 6 7 8 30 1 2 3 4 5 6 4 5 6 7 8 9 10
City Council Meeting Work Session
Holiday Observed
MAY JUNE JULY AUGUST
SEPTEMBER OCTOBER NOVEMBER DECEMBER
2025
JANUARY FEBRUARY MARCH APRIL
CITY OF LAKEVILLE OFFICIAL C ALENDAR
20195 Holyoke Avenue, Lakeville, MN 55044
Phone:952-985-4400 | Lakevillemn.gov
Page 200 of 379
Date: 10/7/2024
Ritter Meadows Second Addition Final Plat
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving
the Ritter Meadows Second Addition final plat.
Overview
TCLD LF3 Ritter, LLC has submitted a final plat application and plans for Ritter Meadows
Second Addition, which includes 55 attached townhomes and 30 detached townhomes located
west of I-35 and north of 205th Street. This is the second of three planned phases of the revised
preliminary plat of 29 single family lots, 99 detached townhome lots, and 135 attached
townhome lots approved by the City Council on September 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 lot, block and street
design of the Ritter Meadows Second Addition final plat is consistent with the approved revised
preliminary plat. The final plat plans have been reviewed by Engineering and Parks and
Recreation staff.
Supporting Information
1. Final Plat Resolution
2. Signed Development Contract
3. Planning and Engineering reports
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Kris Jenson, Planning Manager
Page 201 of 379
(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 24-______
RESOLUTION APPROVING THE FINAL PLAT OF RITTER MEADOWS SECOND
ADDITITON
WHEREAS, the owner of the property described as RITTER MEADOWS SECOND
ADDITION has requested final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks,
Recreation and Natural Resources Committee and approved by the City Council; and
WHEREAS, the final plat is consistent with the preliminary plat; and
WHEREAS, the final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. The RITTER MEADOWS SECOND ADDITION final plat is approved subject
to the development contract and security requirements.
2. The Mayor and City Clerk are hereby authorized to sign the development contract
and the final plat mylars.
3. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
ADOPTED by the Lakeville City Council this 1st day of October 2024.
CITY OF LAKEVILLE
Page 202 of 379
2
Luke M. Hellier, Mayor
ATTEST:
_______________________
Ann Orlofsky, City Clerk
STATE OF MINNESOTA )
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. 24-____is a true and correct copy of the
resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 1st day of October 2024 as shown by the minutes of
said meeting in my possession.
__________________________
Ann Orlofsky
City Clerk
(SEAL)
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Page 203 of 379
1
232778v6
Ritter Meadows Second Addition
(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
RITTER MEADOWS SECOND ADDITION
THIS DEVELOPMENT CONTRACT (the “Contract”) dated ____________________, 2024, by
and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and TCLD LF3
RITTER, LLC, a Minnesota limited liability company (the “Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for RITTER MEADOWS SECOND ADDITION (referred to in this Contract as the "plat"). The land is situated
in the County of Dakota, State of Minnesota, and is legally described as:
Outlot D and Outlot E, Ritter Meadows, Dakota County, Minnesota, according to the
recorded plat thereof.
[to be platted as Ritter Meadows Second Addition, Dakota County, Minnesota.]
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the County
Recorder or Registrar of Titles within 180 days after the City Council approves the final plat.
Page 204 of 379
2
232778v6
Ritter Meadows Second Addition
3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or
otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer
following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security
has been received by the City, 3) the necessary insurance for the Developer and its construction contractors
has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar
of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City
may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the
breach has not been remedied. Development of subsequent phases may not proceed until Development
Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are
not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future
subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final
platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots
and blocks, not outlots, within four (4) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For four (4) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Page 205 of 379
3
232778v6
Ritter Meadows Second Addition
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans
may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
Page 206 of 379
4
232778v6
Ritter Meadows Second Addition
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the
City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer’s engineer will be able to certify that the construction work meets the approved City standards as
a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s
inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s
engineer is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the program
for the construction work.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City
Planning Commission members, and corporations, partnerships, and other entities in which such
Page 207 of 379
5
232778v6
Ritter Meadows Second Addition
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of-Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform
dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable
county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall
also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by
November 30, 2025, with the exception of the final wear course of asphalt on streets. The final wear course
on streets shall be installed between August 15th and October 15th the first summer after the base layer of
asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of
time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by
the Developer to reflect cost increases and the extended completion date. Final wear course placement
outside of this time frame must have the written approval of the City Engineer.
Page 208 of 379
6
232778v6
Ritter Meadows Second Addition
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City. The City may impose additional
erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall
be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with
the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly
as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply
with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure
of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer
does not reimburse the City for any cost the City incurred for such work within thirty (30) days after demand
by the City, the City may draw down the letter of credit to pay any costs. No development, utility or street
construction will be allowed and no building permits will be issued unless the plat is in full compliance with
the approved erosion control plan.
The Developer is responsible for obtaining a MPCA Construction Permit and updating the SWPPP,
including changes during construction, for the duration of the project. The permit requires that all erosion
and sediment BMPs be clearly outlined in the project SWPPP.
The Developer is responsible for the establishment of native vegetation around all stormwater
management basins within the buffer areas. Redundant silt fence is required along all waterways that do
not have an established 50-foot buffer. Additional erosion control measures may be required during
Page 209 of 379
7
232778v6
Ritter Meadows Second Addition
construction as deemed necessary by City staff. Any additional measures shall be installed and
maintained by the Developer.
The MS4 Administration Fee for Ritter Meadows Second Addition has been collected with the
Ritter Meadows final plat.
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except
three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City
with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water
treatment/infiltration basins and swales, have been constructed on public easements or land owned by the
City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of
storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation
area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-
3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file
with the City and all erosion control measures are in place as determined by the City Engineer. The
Developer certifies to the City that all lots with house footings placed on fill have been monitored and
constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report,
including referenced development phases and lot descriptions, shall be submitted to the Building Official for
review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City
to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built
certificate of survey. Prior to the release of the required individual lot grading and erosion control security
that is submitted with the building permit, an as-built certificate of survey for single family lots must be
submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are
Page 210 of 379
8
232778v6
Ritter Meadows Second Addition
consistent with the approved grading plan for the development, and amendments thereto as approved by
the City Engineer, and that all required property monuments are in place. If the final grading, erosion control
and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the
cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built
survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person
who deposited the funds with the City.
Ritter Meadows Second Addition contains more than one acre of site disturbance. A National
Pollution Discharge Elimination System General Stormwater Permit for construction activity is required
from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A
copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the
MPCA.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the improvements lying within public easements
shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND
AS-BUILT RECORD DRAWING PREPARATION.
The Developer shall pay a fee for in-house engineering administration. City engineering
administration will include monitoring of construction observation, consultation with Developer and its
engineer on status or problems regarding the project, coordination for final inspection and acceptance,
project monitoring during the warranty period, and processing of requests for reduction in security. Fees for
this service shall be three percent (3%) of construction costs identified in the Summary of Security
Page 211 of 379
9
232778v6
Ritter Meadows Second Addition
Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer
shall pay for construction observation and as-built record drawing preparation performed by the City’s in-
house engineering staff or consulting engineer. Construction observation shall include part or full time
inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to
be five percent (5%) of the estimated construction cost. Construction as-built record drawing preparation
shall include field surveying, preparation of as-built record drawings and updating the City’s GIS database
and will be billed on hourly rates estimated to be one half of a percent (0.5%) of the estimated construction
cost.
19. STORM SEWER. Development of Ritter Meadows Second Addition does not include
construction of a stormwater basin. Public storm sewer will outlet to a stormwater basin to be constructed
with Ritter Meadows Second Addition. The basin shall be located within Outlot B, Ritter Meadows, and
provide treatment and rate control of stormwater runoff generated from the site. The stormwater
management design is consistent with the City’s stormwater management ordinance.
The Developer shall construct public storm sewer systems within the subdivision to collect and
convey stormwater runoff generated from within the public right-of-way and lots to a public stormwater
management basin located within Outlot B, Ritter Meadows.
Draintile construction is required in areas of non-granular soils within Ritter Meadows Second
Addition for the street subgrade and lots. Any additional draintile construction, including perimeter draintile
required for building footings, deemed necessary during construction by the City shall be the Developer’s
responsibility to install and finance.
The Storm Sewer Charge has not been collected on the parent parcels and will be collected with
recording of the final plat, calculated as follows:
Page 212 of 379
10
232778v6
Ritter Meadows Second Addition
Storm Sewer Charge Summary
Gross Area of Ritter Meadows Second Add. 680,843 s.f.
Less Area of Outlot A (Future Development) (-) 321,037 s.f.
Total Storm Sewer Charge Area 359,806 s.f.
359,806 s.f. x $0.198/s.f. = $71,241.59
Net Area
Ritter Meadows
Second Addition
2024 Unit Rate Storm Sewer Charge
Ritter Meadows
Second Addition
The Storm Sewer Charge for Outlots A, B, and C will be collected at the time they are final platted
into lots and blocks, at the rate in effect at the time of final plat approval.
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
20. SANITARY SEWER. The Developer shall construct and extend public sanitary sewer
within the subdivision from a stub located within 202nd Street. Sanitary sewer will also extend to the
northern extents of the subdivision along Kettle Pass from a stub located within Kettle Pass.
The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be
satisfied through a cash contribution by the Developer with recording of the final plat. The fee is based on
the rate in effect at the time of final plat approval, calculated as follows:
85 units x $327.00 = $27,795.00
Total Units
Ritter Meadows
Second Addition
2024 Unit Rate Sanitary Sewer Availability Charge
Ritter Meadows Second Addition
The Sanitary Sewer Availability Charge for Outlots A, B, and C will be collected at the time they are
final platted into lots and blocks, at the rate in effect at the time of final plat approval.
21. WATERMAIN. The Developer shall construct and extend public watermain within the
subdivision from stubs located along Keystone Avenue, 202nd Street and Kettle Pass.
The Developer is eligible for reimbursement for the cost difference between installing a privately
owned and maintained high-efficiency irrigation system and a standard system within Ritter Meadows
Second Addition. The reimbursement will include design costs, construction observation (at a rate of
$6,000.00 per phase), and development of a maintenance manual (all to be completed by Water in Motion,
Page 213 of 379
11
232778v6
Ritter Meadows Second Addition
Inc.) to be included in all future property management documents. The Developer and future property
management association will be responsible for all future operation, maintenance, and upkeep of the
irrigation system.
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and
street construction shall be determined with the final construction plans.
23. LOCAL ROADS. The Developer shall construct a temporary Cul-de-Sac at the west end
of 202nd Street and enter into a temporary public roadway, drainage and utility easement with the City in a
recordable form approved by the City. The Developer shall provide a $5.000.00 security for future removal
of the temporary turnaround. The Developer shall install “Future Street” extension signs and barricades
at the terminus of Keystone Avenue, 202nd Street, and Kettle Pass.
24. PRIVATE ROADS. The Developer shall construct Keynote Loop, a privately-owned and
maintained roadway designated for ownership and maintenance by a homeowners association or the
owner of such private roadway, subject to the requirements of Paragraph 30B of this Contract. The road
must be posted for no parking on both sides.
25. PARKS, TRAILS, AND SIDEWALKS. The Developer shall install five-foot-wide concrete
sidewalks, with pedestrian curb ramps, along one side of all local streets.
The Park Dedication requirement has not been collected on the parent parcels and will be satisfied
through a cash contribution by the Developer. The Park Dedication requirement will be collected with the
recording of the final plat, calculated as follows:
85 units x $3,929.00 = $333,965.00
Total Units
Ritter Meadows
Second Addition.
2024 Unit Rate Park Dedication Fee
Ritter Meadows
Second Addition
The Park Dedication requirement for Outlots A, B, and C will be collected at the time they are final
platted into lots and blocks through a cash contribution at the rate in effect at the time of final plat approval.
26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer
shall pay a cash fee in the amount of $3,375.00 for traffic control signs with the final plat. If traffic control
Page 214 of 379
12
232778v6
Ritter Meadows Second Addition
signs are installed in frost conditions, the Developer shall pay an additional $150.00 for each traffic control
sign location.
The Developer shall pay a cash fee for one-year of streetlight operating expenses with recording
of the final plat, calculated as follows:
85 units x $40.48/unit = $3,440.80
Total Units
Ritter Meadows
Second Addition
2024 Rate Streetlight Operating Fee
Ritter Meadows Second Addition
27. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for
one-year of environmental resources management expenses with recording of the final plat, calculated as
follows:
85 units x $59.16/unit x 0.50 = $2,514.30
Total Units
Ritter
Meadows
Second
Addition.
2024 Rate Utility Factor Environmental Resources Fee
Ritter Meadows
Second Addition
28. LANDSCAPING. Landscaping shall be installed in accordance with the approved
landscape plan. The Developer shall post a $16,800.00 landscaping security at the time of final plat
approval to ensure that the landscaping is installed in accordance with the approved plan. The Developer
shall install plantings around the common areas and along the west side of Keokuk Avenue, at the rear of
the attached townhomes. All landscaped areas, including all public rights- of-way adjacent to the property,
shall have an inground irrigation system with an automatic controller. The minimum deciduous tree size
shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least
eight feet (8’) tall. The trees may not be planted in the right-of-way. All trees shall be warranted to be
alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be
warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible
for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent
(50%) of the security will be released when all the landscaping has been installed and inspected by City
Page 215 of 379
13
232778v6
Ritter Meadows Second Addition
staff and the remaining fifty percent (50%) will be released one (1) year after the landscaping inspection
and any warranty work has been completed.
29. TREE PRESERVATION. The tree preservation/inventory plan submitted with the Ritter
Meadows preliminary plat identifies approximately 812 existing significant trees located within the
preliminary plat boundaries. All “save” trees that are damaged or removed will require replacement at a
ratio of 2:1. Significant trees, as identified in the Tree Preservation ordinance (10-4-11), shall be protected
and preserved through termination of all grading and construction activities. The final plat is consistent
with the approved preliminary plat tree preservation plan.
30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the September 18, 2024, Planning Report, and
September 25, 2024, Engineering Report.
B. The Developer shall submit HOA documents establishing a homeowners association for the
exterior maintenance of the attached townhome units, maintenance of the private road and
irrigation system, and ownership and maintenance of the following common area lots: Lot 56,
Block 1, Lot 6, Block 2, Lot 8, Block 3, Lot 7, Block 4, Lot 9, Block 5, and Lot 5, Block 6, subject
to review and approval of City staff and the City Attorney, unless all such attached townhome
units, the private road and the applicable common area lots (collectively, the “Neighborhood
Property”) are owned by a single individual property owner having responsibility for such
maintenance (‘Neighborhood Owner”) and the Neighborhood Property is subject to a declaration
(“Declaration”) prohibiting conveyance of any portion of the Neighborhood Property apart from
the remainder of the Neighborhood Property without compliance with the Minnesota Common
Interest Ownership Act, Minn.. Stat. Chapter 515B, as amended, and applicable City Code
provisions. Subject to the foregoing, the Developer shall also provide documentation confirming
that the HOA documents and Declaration have been recorded with Dakota County and that the
common area lots have been conveyed to the HOA, prior to the release of building permits.
Page 216 of 379
14
232778v6
Ritter Meadows Second Addition
C. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $9,300.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: 93
lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's
land surveyor certifies that all irons have been set following site grading and utility and street
construction. In addition, the certificate of survey must also include a certification that all irons for
a specific lot have either been found or set prior to the issuance of a building permit for that lot.
D. The Developer shall pay a cash fee for the preparation of addressing, property data, and City
base map updating. This fee is $90.00 per lot/outlot for a total charge of $8,370.00.
E. The Developer shall be responsible for the cost of street light installation consistent with a street
lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a
security for street light installation consistent with the approved plan. The estimated amount of
this security is $3,600.00 and consists of three (3) decorative lights at $1,200.00 each.
F. The Developer is required to submit the final plat in electronic format. The electronic format shall
be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading,
utilities, streets) shall be in electronic format in accordance with standard City specifications.
31. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special assessments,
payment of the costs of all public improvements, and construction of all public improvements, the Developer
shall furnish the City with a cash escrow, or letter of credit, in the form attached hereto, from a bank
("security") for $1,538,624.79. The amount of the security was calculated as follows:
Page 217 of 379
15
232778v6
Ritter Meadows Second Addition
CONSTRUCTION COSTS:
A. Sanitary Sewer $246,093.70
B. Watermain 341,236.40
C. Storm Sewer/Draintile 398,144.30
D. Streets 362,112.07
E. Erosion Control/Vegetation Establishment 1,225.00
CONSTRUCTION SUB-TOTAL $1,348,811.47
OTHER COSTS:
A. Developer’s Design (3.0%) $40,464.34
B. Developer’s Construction Survey (2.5%) 33,720.29
C. City Legal Expenses (Est. 0.5%) 6,744.06
D. City Construction Observation (Est. 5.0%) 67,440.57
E. City Record Drawings (0.5%) 6,744.06
F. Temporary Cul-de-Sac Removal/Restoration 5,000.00
G. Landscaping 16,800.00
H. Street Lights 3,600.00
I. Lot Corners/Iron Monuments 9,300.00
OTHER COSTS SUB-TOTAL $189,813.32
TOTAL SECURITIES: $1,538,624.79
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without notice
if the security is allowed to lapse prior to the end of the required term. If the required public improvements
are not completed at least thirty (30) days prior to the expiration of the security, except as otherwise provided
herein, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be
used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and
financial obligations to the City have been satisfied, with City approval the security may be reduced from time
to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of
the amounts certified by the Developer's engineer shall be retained as security until all improvements have
Page 218 of 379
16
232778v6
Ritter Meadows Second Addition
been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been
received by the City, a warranty security is provided, and the public improvements are accepted by the City
Council. The City’s standard specifications for utility and street construction outline procedures for security
reductions.
32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication $333,965.00
B. Sanitary Sewer Availability Charge 27,795.00
C. Storm Sewer Charge 71,241.59
D. Traffic Control Signs 3,375.00
E. Street Light Operating Fee 3,440.80
F. Environmental Resources Expenses 2,514.30
G. Property Data and Asset/Infrastructure Management Fee 8,370.00
H. City Engineering Administration
(3% for letters of credit) 40,464.34
TOTAL CASH REQUIREMENTS $491,166.03
CREDITS TO THE CASH REQUIREMENTS
Sanitary Sewer Overdepth Credit (Sanitary Sewer Fund) $10,106.97
SUBTOTAL – CREDITS TO THE CASH REQUIREMENTS 10,106.97
TOTAL CASH REQUIREMENTS $481,059.06
33. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by the City. The one year warranty period on streets shall commence after the
final wear course has been installed and accepted by the City. The Developer shall post maintenance bonds
in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The
City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are
furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used
Page 219 of 379
17
232778v6
Ritter Meadows Second Addition
to pay for warranty work if the Developer fails to timely perform such work; provided the Developer is first
given notice of the work in default not less than five (5) business days in advance, except that no notice is
required in an emergency as determined by the City. The City’s standard specifications for utility and street
construction identify the procedures for final acceptance of streets and utilities.
34. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in consequence
of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots,
the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt
plat development and construction until the bills are paid in full. Bills not paid within thirty (30)
Page 220 of 379
18
232778v6
Ritter Meadows Second Addition
days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security
for the development.
F. In addition to the charges and special assessments referred to herein, other charges and special
assessments may be imposed such as but not limited to City or MCES sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit fees.
35. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly
reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as
determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in
advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a
Court order for permission to enter the land. When the City does any such work, the City may, in addition to
its other remedies, assess the cost in whole or in part.
36. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
Page 221 of 379
19
232778v6
Ritter Meadows Second Addition
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to
issuance of any building permits, except three (3) model homes on lots acceptable to the Building
Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning
ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In the
event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Page 222 of 379
20
232778v6
Ritter Meadows Second Addition
Contract. The Developer covenants with the City, its successors and assigns, that the Developer
is well seized in fee title of the property being final platted and/or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to
their insurance professional for verification that the certificate of insurance is in
compliance with the requirements of the Development Contract. Prior to execution of the
final plat, Developer and its general contractor shall furnish to the City a certificate of insurance
showing proof of the required insurance required under this Paragraph. Developer and its
general contractor shall take out and maintain or cause to be taken out and maintained until six
(6) months after the City has accepted the public improvements, such insurance as shall protect
Developer and its general contractor and the City for work covered by the Contract including
workers’ compensation claims and property damage, bodily and personal injury which may
arise from operations under this Contract, whether such operations are by Developer and its
general contractor or anyone directly or indirectly employed by either of them. The minimum
amounts of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Page 223 of 379
21
232778v6
Ritter Meadows Second Addition
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the states
of the United States and qualified to do business in the State of Minnesota, (ii) shall name the
City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement
which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the
endorsement must be submitted with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least thirty
(30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of
premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required
by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all claims,
actions, damages, losses and expenses, including reasonable attorney fees, arising out of
Developer’s negligence or its performance or failure to perform its obligations under this
Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor,
subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for
whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive
the completion or termination of this Contract.
Page 224 of 379
22
232778v6
Ritter Meadows Second Addition
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every
other right, power or remedy, express or implied, now or hereafter arising, available to City, at law
or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order
as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the Developer
sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of
Completion and Release.
M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with
the Building Official evidencing that the retaining wall was constructed in accordance with the
approved plans and specifications. All retaining walls identified on the development plans and
by special conditions referred to in this Contract shall be constructed before any other building
permit is issued for a lot on which a retaining wall is required to be built.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the Developer
or other lot owners in the Development. Private agreements between the owners of lots within
the Development for shared service or access and related matters necessary for the efficient use
of the Development shall be the responsibility of the lot owners and shall not bind or restrict City
authority to approve applications from any lot owner in the Development.
Page 225 of 379
23
232778v6
Ritter Meadows Second Addition
37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer in care of Ben Schmidt
by certified mail at the following address: 4800 Olson Memorial Highway, Suite 200, Golden Valley,
Minnesota 55422. Notices to the City shall be in writing and shall be either hand delivered to the City
Administrator, or mailed to the City by certified mail in care of the City Administrator at the following
address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044.
[The remainder of this page has been intentionally left blank.
Signature pages follow.]
Page 226 of 379
24
232778v6
Ritter Meadows Second Addition
CITY OF LAKEVILLE
BY: ___________________________________________
Luke M. Hellier, Mayor
(SEAL)
AND __________________________________________
Ann Orlofsky, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2024, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
______________________________________________
NOTARY PUBLIC
Page 227 of 379
Page 228 of 379
1
City of Lakeville Community Development Department Memorandum To: Tina Goodroad, Community Development Director
From: Kris Jenson, Planning Manager
Date: September 18, 2024
Subject: Ritter Meadows Second Addition Final Plat
Application Action Deadline: October 25, 2024
INTRODUCTION
TCLD LF3 Ritter, LLC (Twin Cities Land Development) has submitted an application and plans
for the final plat of Ritter Meadows Second Addition, which includes 30 detached townhome lots
and 55 attached townhome lots located north of 205th Street and west of Interstate 35. This is the
second of three planned phases of the preliminary plat of 29 single family lots, 99 detached
townhome lots, and 135 attached townhome lots. The original preliminary plat was approved by
the City Council on May 1, 2023 with a revised preliminary plat to incorporate an additional
parcel and to include the full right of way for Keokuk Avenue was approved on January 16, 2024.
On September 16, the City Council approved a preliminary plat revision which added eight (8)
attached townhome lots along Keynote Loop. The lot, block and street design of the Ritter
Meadows final plat is consistent with the approved preliminary plat. The final plat plans have
been reviewed by Engineering and Parks and Recreation staff.
EXHIBITS
A. Aerial Photo Map
B. Approved Preliminary Plat
C. Final Plat
PLANNING A NALYSIS
Existing Conditions. The Ritter Meadows Second Addition final plat area consists of two outlots
from the first Ritter Meadows plat. Previously the site was used for a homestead and for mining
activity and a grading permit has been issued for the site. Page 229 of 379
2
Zoning. The zoning of the parent parcels to be developed is RST-2, Single and Two Family Residential District and RM-1, Medium Density Residential District. Detached townhomes are a permitted use within the RST-2 District and attached townhomes, up to six units in a row, are a permitted use in the RM-1 District. A TTACHED TOWNHOME DEVELOPMENT STANDARDS Lot Requirements. The following minimum requirements for townhome building setbacks in the RM-1 District pertain to the Ritter Meadows Second Addition final plat:
Base Lot Between Attached Units Front Yard (to private drive)
RM-1 30 feet 20 feet 30 feet
The unit lots shown on the Ritter Meadows Second Addition final plat have sufficient area to
accommodate the detached townhome units.
The RM-1 District requires at least 5,000 square feet per unit. The Ritter Meadows final plat has
an average of 5,837 square feet per unit for the townhome area, which exceeds the minimum lot
area per unit requirements of the RM-1 District.
DETACHED TOWNHOME DEVELOPMENT STANDARDS
Lot Requirements. The following minimum requirements for townhome building setbacks in
the RST-2 and RM-1 Districts pertain to the Ritter Meadows Second Addition final plat:
Base Lot Between Detached Units Front Yard (to ROW)
RM-1/
RST-2
30 feet 14 feet 20 feet (front)
25 feet (garage)
The unit lots shown on the Ritter Meadows Second Addition final plat have sufficient area to
accommodate the detached townhome units.
The RST-2 and RM-1 Districts each require at least 5,000 square feet per unit. The Ritter
Meadows Second Addition final plat has an average of 8,766 square feet per unit for the
townhome area, which exceeds the minimum lot area per unit requirements of the RM-1 and
RST-2 Districts.
Homeowner’s Association. The Developer is required to establish a Homeowner’s Association
(HOA) for the exterior maintenance of the attached townhome units, as well as the ownership
and maintenance of the following common area lots:
• Lot 56, Block 1
• Lot 6, Block 2 Page 230 of 379
3
• Lot 8, Block 3 • Lot 7, Block 4 • Lot 9, Block 5 • Lot 5, Block 6 The Developer shall provide the City with documents establishing the HOA for review by the City Attorney as well as documentation that the HOA documents have been recorded and that the common area lots have been deeded to the HOA, prior to the release of building permits for the Ritter Meadows Second Addition.
Development Density. The Ritter Meadows final plat consists of 30 detached townhome lots and
55 attached townhome lots on 28.13 acres for a gross density of 3.02 units per acre. Removing the
outlots for future development leaves 15.63 acres to be developed, resulting in a net density of
5.54 units per acre overall.
Phasing. The overall Ritter Meadows plat is anticipated to be developed in three phases. The first
phase included 19 detached townhome lots and 80 attached townhome lots and this phase
incudes 30 detached townhome lots and 55 attached townhome lots. There will be 50 detached
townhome lots and 30 single-family lots to be final platted and developed after the Ritter
Meadows Second Addition final plat.
Outlots. There are three outlots proposed with the Ritter Meadows Second Addition final plat.
Outlot A is 12.80 acres in area and will be retained by the Developer for future development.
Outlot B is 0.05 acres in area and will be retained by the Developer for future development.
Outlot C is 0.04 acres in area and will be retained by the Developer for future development.
Access. Construction access for Ritter Meadows Second Addition will be determined with the
final construction plans.
Streets & Right-of-Way. Ritter Meadows Second Addition is adjacent to or will include the
construction of the following streets:
205th Street is south of and adjacent to the development and is classified as a major collector in
the Comprehensive Transportation Plan. Right of way was dedicated with the Ritter Meadows
plat and no additional right of way is required at this time.
Keokuk Avenue will be a 36-foot-wide minor collector street within an 80-foot-wide right-of-way
with a trail constructed along the west side of the street.
Keystone Avenue will be a 32-foot-wide local street within a 60-foot-wide right of way with a
sidewalk on one side of the street that is extended north from its terminus in the first phase of the
development. The Developer will be required to install barricades and a “Future Street
Extension” sign at the north terminus until Keystone Avenue is extended in the future. Page 231 of 379
4
202nd Street will be a 32-foot-wide local street within a 60-foot-wide right of way with a sidewalk on one side of the street that is extended west from its terminus in the first phase of development. A temporary turnaround is required at the west terminus of 202nd Street and the Developer will be required to install the temporary cul de sac, barricades and a “Future Street Extension” sign, as well as to provide the temporary turnaround easement and $5,000 security for the future removal of the temporary turnaround. Kettle Pass will be a local, 32-foot-wide residential street within a 60-foot-wide right of way that will be extended north from 202nd Street. There will be a sidewalk along one side of the street.
The Developer will be required to install barricades and a “Future Street Extension” sign at the
north stub of Kettle Pass until the street is extended with a future phase.
Keynote Loop will be a private 24 foot wide road owned and maintained by a homeowner’s
association. The road must be posted as no parking on both sides.
Trails. There are no trails to be constructed with the Ritter Meadows Second Addition final plat.
Landscaping. Plantings are proposed around the common areas and along the west side of
Keokuk Avenue, at the rear of the attached townhomes. All landscaped areas, including all public
rights of way adjacent to the property, shall have an inground irrigation system with an
automatic controller. A security of $16,800.00 must be submitted with the final plat for
landscaping.
Park Dedication. Park dedication for Ritter Meadows Second Addition will be satisfied through
cash contribution of $333,965.00 is required with the final plat to satisfy the Park Dedication
requirement for Ritter Meadows Second Addition. Please see the September 12, 2024 engineering
report for more details.
Tree Preservation. A tree preservation plan was prepared and approved with the preliminary
plat. The plan identified 812 significant trees within the Ritter Meadows plat boundary and
proposed to save 103 (12.7%) trees. The final plat is consistent with the approved tree
preservation plan.
Wetlands. A wetland delineation was completed and approved in 2021. No wetland impacts are
proposed with the Ritter Meadows Second Addition final plat.
Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion
control plans. Grading, drainage and erosion control is discussed in more detail in the September
12, 2024 engineering report.
RECOMMENDATION
The Ritter Meadows Second Addition final plat is consistent with the approved preliminary plat
and complies with the requirements of the Zoning and Subdivision Ordinances. Community Page 232 of 379
5
Development Department staff recommends approval of the Ritter Meadows Second Addition final plat subject to the following conditions: 1.The recommendations listed in the September 12, 2024 engineering report.2. Five-foot-wide concrete sidewalks shall be constructed along one side of all streets, at thedeveloper’s expense, as shown on the approved final plat plans.3.The developer shall pay $333,965.00 in park dedication fees with the final plat.
4. A security of $16,800.00 must be submitted with the final plat for landscaping.
5.All landscaped areas, including all public rights of way adjacent to the property, shall have an
inground irrigation system with an automatic controller.
6.Barricades and “Future Street Extension” signs must be placed at the ends of Keystone
Avenue, 202nd Street, and Kettle Pass.
7.The Developer must construct a temporary turnaround at the west end of 202nd Street as well
as provide a temporary public roadway, drainage, and utility easement and a $5,000 cash
escrow for the future removal.
8.The Developer must establish an HOA for the exterior maintenance of the attached
townhome units as well as the ownership and maintenance of the following common area
lots:
•Lot 56, Block 1
•Lot 6, Block 2
•Lot 8, Block 3
•Lot 7, Block 4
•Lot 9, Block 5
•Lot 5, Block 6
9.The Developer shall provide the City with documents establishing the HOA for review by the
City Attorney as well as documentation that the HOA documents have been recorded and
that the common area lots have been deeded to the HOA, prior to the release of building
permits.Page 233 of 379
Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community
Ritter Meadows
Second Addition
Final Plat area
KENRICK AVE205TH ST
KEOKUK AVE207TH STKEYSTONE AVECity of Lakeville
Location Map
Ritter Meadows
Second Addition
Final Plat
EXHIBIT APage 234 of 379
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 B
Page 235 of 379
R=1000.00 L=22.27
=1°16'34"
C.Brg=N30°51'51"W C=22.27
S14°20
'
4
2
"
W
97.30
S80°08'51"W87.09R =4 4 0 .0 0
L =1 1 0 .9 1
Δ =1 4 °2 6 '3 4 "C .B r g =S 2 2 °3 9 '4 9 "E
C =1 1 0 .6 2
674.84 OUTLOT AN89°29'39"W 256.89N73°23'32"E60.00S89°23'48"W 267.44S74°10'14"W87.86S67°23
'50
"W60.00
596.2516S89°23'48"W 267.44S74°10'14"W87.86R=470.00 L=19.16
=2°20'10"
C.Brg=S23°46'15"E C=19.16
N24°56'20"W
8.54
S00°02'10"E 241.00 R=5664.56L=120.61Δ=1°13'12"C.Brg=N89°54'07"EC=120.61N03°04'04"W
20.56
N24°56'20"W
23.27
N65°03'40"E
60.00
R=580.00 L=207 .4 4Δ=20°29'3 2"
C.Brg=S10°17'31"W C=2 0 6 .3 4
N89°09'08"W151.39N89°27'07"W 182.10N77°10'30"W99.02S07°52'30"W
116.13
S00°32'36"E
114.51
N89°29'37"W 455.97S43°45'56"W
42.55R=183.50L
=5
1
0.27Δ=159°
1
9
'
4
1"C.Brg=S59°
5
2'1
0
"
WC=361
.
0
4
N5
3
°
5
3
'
2
6
"E
1
1
2
.
3
5
S88°22'51"E 241.65S02°27'44"W 179.44
R=180.00L=30 4 .8 1
Δ=97°01'30 "N85°26'14"E 182.34N5
4
°
1
6
'
5
6
"E
5
1
8
.
1
7
N18°45'57"W
60.00 R=800.00L=283.75Δ=20°19'19"C.Brg=N76°59'01"EC=282.26N00°02'45"E 390.29
R=732.00 L=113.51
=8°53'07"
C.Brg=S16°42'41"W C=113.41
R =5 8 0 .0 0 L =2 7 0 .2 4
Δ =2 6 °4 1 '4 3 "C .B r g =S 1 8 °0 9 '1 7 "E C =2 6 7 .8 0
N78°03'17"E
50.02
S89°29'17"E 606.52N00°30'23"E
6.37
R =3 6 0 .0 0 L =1 9 0 .9 6
Δ =3 0 °2 3 '2 9 "
C .B r g =N 1 4 °4 1 '2 2 "W
C =1 8 8 .7 2N66°29'50"W152.16N00°30'21"E 1271.09
N24°5
6'
2
0"
W
103.1
5
N02°51'20"W
120.00
N23°1
0'
3
9"
W
120.0
0
R=680.00
L=52.36
=4°24'42"
C.Brg=N69°01'42"E
C=52.35
R=620.00 L=36.79
=3°23'59"
C.Brg=N69°32'04"E
C=36.78
R=260.00 L=42.64
=9°23'46"
C.Brg=N11°54'35"W
C=42.59 INSET A
SEE SHEET 3
OF 4 SHEETS
S86°55'56"W60.00SEE SHEET 4
OF 4 SHEETS
INSET B
R=680.00L=130.06Δ=10°57'32"C.Brg=S87°22'34"EC=129.86OFFICIAL PLAT
RITTER MEADOWS SECOND ADDITION
EXHIBIT C
Page 236 of 379
KEYSTONE AVENUEN30°39'18"W 21.21S87°38'45"E
42.37
30.0030.0060.00N00°30'21"E 596.25N24°56
'20
"W
103
.15
N65°0
3'
4
0"
E
60.00 N24°56'20"W
23.27
R=620.00 L=36.79
=3°23'59"
C.Brg=N69°32'04"E C=36.78
N18°45'57"W60.00R=680.00 L=52.36
=4°24'42"
C.Brg=N69°01'42"E C=52.35
N23°10
'39
"W
120
.00
R =8 0 0 .0 0 L =2 8 3 .7 5
Δ =2 0 °1 9 '1 9 "
C .B r g =N 7 6 °5 9 '0 1 "E C =2 8 2 .2 6N02°51'20"W 120.00R=6 8 0 .0 0 L=13 0 .06
Δ=10 °5 7 '3 2 "
C .B r g=S 8 7 °2 2 '3 4 "E
C=12 9 .8 6
S14°20'42"W 97.30S00°02'10"E 241.00N89°09'08"W 151.39S86°55'56"W
60.00
N03°04'04"W
20.56N89°27'07"W 182.10
N89°29'39"W 256.89 N73°23'3
2
"
E
6
0
.
0
0
L=42.64Δ=9°23'46"S89°23'48"W 267.44
S74°10'1
4
"
W
8
7
.
8
6
S67°2
3'
5
0"
W
6
0.
0
0
R=470.00 L=19.16
=2°20'10"
C.Brg=S23°46'15"E C=19.16
N24°56'20"W
8.54
N89°29'39"W 106.09 R=400.00 L=96.62Δ=13°50'21"
N75°3
9
'
1
8
"
W
150.1
0
R =6 5 0 .0 0 L =3 7 5 .6 3
Δ=3 3 °0 6 '3 9 "
C.B r g=N 8 7 °4 7 '2 3 "E C =3 7 0 .4 2R=230.00L=124.25Δ=30°57'10"C.Brg=N1°07'53"WC=122.75N14°20'42"E 285.04R=470.00L=142.84Δ=17°24'46"N03°04'04"W41.7230.0030.0030.00
30.00
30.0030.0064.47220.5776.07
74.03S00°30'21"W 95.00N00°30'21"E 95.00S00°30'21"W 95.00N00°30'21"E 95.00S00°30'21"W 95.00N00°30'21"E 95.00S04°09'53"W 95.00N04°09'53"E 95.00N89°29'39"W 46.00 N89°29'39"W 46.00 N89°29'39"W 46.00
N85°50'07"W 46.00
S85°50'07"E 46.00
S89°29'39"E 46.00S89°29'39"E 46.00S89°29'39"E 46.00
N82°03'29"W
4
6
.
0
0
S07°56'31"W 95.00S82°03'29"E
4
6
.
0
0 N07°56'31"E 95.00S07°56'31"W 95.00N82°03'29"W
4
6
.
0
0
N07°56'31"E 95.00S82°03'29"E
4
6
.
0
0
S85°08'01"E 46.00S04°51'59"W 95.00N85°08'01"W 46.00
N04°51'59"E 95.00S00°38'01"E 95.00S89°21'59"W 46.00
N89°21'59"E 46.00 N00°38'01"W 95.00S83°54'32"W 46.00
N83°54'32"E 46.00S06°05'28"E 95.00N06°05'28"W 95.00S11°32'55"E 95.00
S78°27'05"
W
4
6
.
0
0
N11°32'55"W 95.00
N78°27'05"
E
4
6
.
0
0
S72°31'
4
9
"
W
4
6
.
0
0
N17°28'11"W 95.00S17°28'11"E 95.00
N72°31'
4
9
"
E
4
6
.
0
0
S68°51'
1
7
"
W
4
6.
0
0
N68°51'
1
7
"
E
4
6.
0
0N21°08'43
"W
95
.00S21°08'43
"E
95
.00
S72°55'
0
9
"
W
4
6
.
0
0
N17°04'51"W 95.00S17°04'51"E 95.00
N72°55'
0
9
"
E
4
6
.
0
0
N76°59'01
"
E
4
6
.
0
0N13°00'59"W 95.00S13°00'59"E 95.00
S76°59'01
"
W
4
6
.
0
0
N08°57'07"W 95.00S08°57'07"E 95.00S81°02'53"W
4
6
.
0
0
N81°02'53"E
4
6
.
0
0
N85°06'44"E 46.00N04°53'16"W 95.00S04°53'16"E 95.00S85°06'44"W 46.00
N75°3
9
'
1
8
"
W
9
5
.
0
0
S14°20'42"W 46.00S75°3
9
'
1
8
"
E
9
5
.
0
0
N14°20'42"E 46.00N75°3
9
'
1
8
"
W
9
5
.
0
0
S14°20'42"W 46.00S75°39
'
1
8
"
E
9
5
.
0
0
N14°20'42"E 46.00S14°20'42"W 46.00N75°3
9
'
1
8
"
W
9
5
.
0
0
N14°20'42"E 46.00S75°3
9
'
1
8
"
E
9
5
.
0
0
N75°3
9
'
1
8
"
W
9
5
.
0
0
S14°20'42"W 46.00N14°20'42"E 46.00S75°39
'
1
8
"
E
9
5
.
0
0
N86°11'52"W 95.00
S03°48'08"W 46.00S86°11'52"E 95.00 N03°48'08"E 46.00S89°38'56"W 95.00
S00°21'04"E 46.00N89°38'56"E 95.00 N00°21'04"W 46.00S89°30'02"E 95.00S00°29'58"W 46.00N89°30'02"W 95.00
N00°29'58"E 46.00S89°30'02"E 95.00S00°29'58"W 46.00N89°30'02"W 95.00
N00°29'58"E 46.00S89°30'02"E 95.00S00°29'58"W 46.00N89°30'02"W 95.00
N00°29'58"E 46.00S89°30'02"E 95.00S00°29'58"W 46.00N89°30'02"W 95.00
N00°29'58"E 46.00S89°30'02"E 95.00S00°29'58"W46.00N89°30'02"W 95.00
N00°29'58"E 46.00S75°39
'
1
8
"
E
4
6
.
0
0 N14°20'42"E 95.00S14°20'42"W 95.00N75°3
9
'
1
8
"
W
4
6
.
0
0
S87°42'56"E 46.00
N87°42'56"W 46.00
N02°17'04"E 95.00S02°17'04"W 95.00N00°30'21"E 95.00S00°30'21"W 95.00N89°29'39"W 46.00
S89°29'39"E 46.00
L=151.95Δ=17°24'46"L=133.72Δ=17°24'46"L=89.37 Δ=13°50'21"
L=103.86 Δ=13°50'21"
L=35 8 .2 9 Δ=3 3 °0 6 '3 9 "L=108.05Δ=30°57'10"L=97.82Δ=21°33'24"L=74.08 Δ=6°14'30"L =1 8 8 .8 3 Δ =1 5 °5 4 '3 7 "
106.09
106.09
44.03
44.03
46.07
46.0734.4734.47190.57190.5741.72N34°25'13"W
3.54
N09°17'59"W
1.38 N02°14'52"W4.17N14°20'42"E20.00N14°20'42"E 4.00N24°35'34"E 10.91 N83°04'48"E 10.06N79°00'57"E 10.06N74°57'05"E 10.06N70°53'13"E 10.06
N50°42'54"E
26.64
N75°37'0
5
"
E
6.71
N81°10'49"E
2.59N86°38'16"E
2.59
S88°02'02"E
2.58
S56°56'06"E
3.54
S30°45'15"E
6.40
S18°42'29"W
21.64
N89°29'39"W 12.00N58°31'49"W 29.15
N89°55'15"E
19.21
S80°31'00"
E
15.75
S64°59'09"E 14.34N69°11'23
"E
11
.01N13°04'51"E4.10N14°22'48"W
4.14
N85°07'57"E 17.58 N58°57'04"E 21.36S50°37'
3
3
"
E
1
0.
9
1
1
234
2
1
1
23456
7
3
4
5
6
8 7 6
5
4
3
2
1
1
2
3
45 2
5
4
7
9
6
6
7
9
3
8
6
5
5
S66°58
'
1
3
"
W
2
3
.
8
9N81°10'43"W 12.13N62°39'34"W 19.30202ND
S
T117.15410.32N73°32'09"W 26.00N53°37'16"E 6.6730.00
30.00
30.00
30.00111.69KETTLE PASSN24°56
'20
"W
111
.69
R=500.00 L=20.39
=2°20'10"
C.Brg=S23°46'15"E
C=20.39
L=21.61
=2°20'10"
8.78 8.88
11.68
OUTLOT C
12.54
S89°28'49"E 181.54
N89°38'56"E 152.02
15.7029.18225.30OUTLOT B
N89°30'02"W 95.00
S00°29'58"W46.00N00°29'58"E46.005
9
5
S04°53'16"E95.00S85°06'44"W
46.00
N02°51'20"W 120.005
2
6
RITTER MEADOWS SECOND ADDITION
OFFICIAL PLAT
INSET A
DETAIL A
DETAIL B
Page 237 of 379
56
34 35 36
20
42 43 46
1
28 29 30 31 32 33
9
10111213141516172223242527
2
4
5
6
7
19
8
44
45
3
1821
26
39 40 413738
47
1
1
48
49
50
51
52
53
54
55
S80°08'51"W
8
7
.
0
9 S43°45'56"W
42.55N89°29'37"W 455.97 S00°32'36"E 114.51S07°52'30"W 116.13N77°10'
3
0
"
W
9
9
.
0
2R=732.00L=113.51Δ=8°53'07"C.Brg=S16°42'41"WC=113.41N66
°
2
9
'
5
0
"
W
1
5
2
.
1
6
R=580.00L=207.44Δ=20°29'32"C.Brg=S10°17'31"WC=206.34N00°02'45"E 390.29R=56 6 4.56
L=12 0 .6 1
Δ=1°1 3 '1 2 "
C .B r g =N 89 °5 4 '0 7 "E
C =12 0 .6 1
S89°29'17"E 606.52R=360.00L=190.96Δ=30°23'29"C.Brg=N14°41'22"WC=188.72R=440.00L=110.91Δ=14°26'34"C.Brg=S22°39'49"EC=110.62N00°30'23"E
6.37
N80°08'51"E
1
6
8
.
0
0
S89°29'37"E 170.00
S09°51'09"E 78.00S09°51'09"E 78.00S09°51'09"E 78.00S09°51'09"E 78.00S09°51'09"E 78.00S09°51'09"E 78.00S09°51'09"E 78.00N80°08'51"E
1
6
8
.
0
0 N00°30'23"E 90.50N00°30'23"E 90.50N00°30'23"E 90.50N00°30'23"E 90.50N00°30'23"E 90.50N00°30'23"E 90.50N00°30'23"E 90.50S89°29'37"E 170.00
S89°29'37"E 170.00
N00°30'23"E 90.50N00°30'23"E 90.50N00°30'23"E 90.50N00°30'23"E 90.50N00°30'23"E 90.50N00°30'23"E 90.50N00°30'23"E 90.50S89°29'37"E 170.00
N89°57'15"W 78.00
N89°57'15"W 78.00
N89°57'15"W 78.00
N89°57'15"W 78.00
N89°57'15"W 78.00
N89°57'15"W 78.00 N00°02'45"E 142.00N82°07'30"W
7
8
.
0
0
N82°07'30"W
7
1
.
4
8
N07°52'30"E 115.44N82°07'30"W
7
8
.
0
0
N82°07'30"
W
7
8
.
0
0
N82°07'30"W
7
8
.
0
0
N11°01'28"E 114.00N78°58'3
2
"
W
7
8
.
0
0
N78°58'3
2
"
W
7
8
.
0
0
N78°58'3
2
"
W
7
8
.
0
0
N78°58'3
2
"
W
7
8
.
0
0
N78°58'3
2
"
W
7
8
.
0
0
N01°00'32"E 116.00S88°59'28"E 78.00
S88°59'28"E 78.00
S88°59'28"E 78.00
S88°59'28"E 78.00
S88°59'28"E 78.00
N79°45'40"E
1
1
6
.
0
0
N10°14'20"W 78.00N10°14'20"W 78.00N10°14'20"W 78.00N10°14'20"W 78.00N10°14'20"W 78.00
S89°29'37"E 142.00N00°30'23"E 78.00N00°30'23"E 78.00N00°30'23"E 78.00N00°30'23"E 78.00N00°30'23"E 78.00S89°29'37"E 142.00S89°29'37"E 142.00
S89°29'37"E 142.00N00°30'23"E 78.00N00°30'23"E 78.00N00°30'23"E 78.00N00°30'23"E 78.00N00°30'23"E 78.00N00°30'23"E 78.00N84°50'36"E 168.00
N84°50'36"E 168.00N05°09'24"W 78.00N05°09'24"W 78.00N05°09'24"W 78.00N05°09'24"W 78.00N05°09'24"W 78.00N05°09'24"W 78.00N05°09'24"W 78.00N79°45'40"E
1
1
6
.
0
0
32.00
26.00
26.00
26.00
26.00
32.00
32.00
26.00
26.00
26.00
26.00
32.00
33.00 26.00 26.00 26.00 26.00 33.00
33.0026.0026.0026.0026.0033.00 33.0026.0026.0026.0026.0033.00
33.00 26.00 26.00 26.00 26.00 33.00 32.0026.0026.0026.0032.0032.00 26.00 26.00 26.0032.0032.0026.0026.0031.4432.0026.0026.0032.0032.0026.0026.0030.0030.0026.0026.0032.0032.0026.0026.0032.0032.0026.0026.0032.0032.00
26.00
26.00
32.00
32.00
26.00
26.00
32.00
32.0026.0026.0026.0032.00
32.00 26.00 26.00 26.00 32.00
32.0026.0026.0026.0032.00
32.00 26.00 26.00 26.00 32.00
32.0026.0026.0026.0026.0032.00
32.00 26.00 26.00 26.00 26.00 32.00
Δ
Δ
Δ ΔΔS00°02'45"W 142.00N72°02'
2
1
"
E
18.79
S89°29'37"E 8.25N04°24'39"W 6.18 N41°39'39"E43.80N04°05'24"E 22.24
S15°56'07"E
51.75
S
4
6
°
4
3
'
4
9
"
E
1
5
0
.
8
2
N83°06'01"W
21.15N89°29'37"W 12.00N81°08'42"W 10.07
N08°00'37"E63.39N86°22'54"W 27.9056
56
56
N00°30'23"E 78.00N07°52'30"E 116.006.54
S11°01'28"W 114.00S01°00'32"W 116.0076.72
15.7643 44
1
56S89°29'37"E
32.00 N00°30'23"E 78.00S89°29'37"E
32.00 S79°45'40"W
32.00
S79°45'40"W
32.00S10°14'20"E 78.009
56
S89°57'15"E 78.00 S00°02'45"W 32.00 1
9
56
S89°29'37"E
167.00
S00°02'45"W 142.00S89°57'15"E
78.00
S89°29'37"E 170.00 N00°30'23"E 90.50S89°57'15"E
78.00
S89°57'15"E
78.00
S89°57'15"E 78.00
32.0026.0026.00N89°29'37"W 455.97 S00°32'36"E 114.5133.00
33.00
8
7
10
1 N16°27'16"E 53.19S88°59'28"E 78.00 S01°00'32"W116.0048
56
1
RITTER MEADOWS SECOND ADDITION
OFFICIAL PLAT
INSET B
DETAIL C
DETAIL D
DETAIL F
DETAIL E
Page 238 of 379
City of Lakeville Public Works – Engineering Division Memorandum To: Kris Jenson, Planning Manager
From: Jon Nelson, Assistant City Engineer
McKenzie L. Cafferty, Environmental Resources Manager
Joe Masiarchin, Parks and Recreation Director
Copy: Zach Johnson, City Engineer
Julie Stahl, Finance Director
Tina Goodroad, Community Development Director
Dave Mathews, Building Official
Date: September 25, 2024
Subject: Ritter Meadows Second Addition
• Preliminary Plat
• Final Plat
• Preliminary and Final Utility Plan
• Preliminary and Final Grading and Erosion Control Plan
• Preliminary and Final Tree Preservation
BACKGROUND
TCLD LF3 Ritter, LLC (Twin Cities Land Development) and DPS-Lakeville, LLC submitted a
revised preliminary plat and final plat named Ritter Meadows Second Addition. This is the
second phase of the Ritter Meadows preliminary plat approved by the City Council on January
16, 2024 and subsequently revised and approved by the City Council on September 16, 2024.
The proposed subdivision is located north of and adjacent to 205th Street, and west of and
adjacent to Interstate 35. The parcels are zoned RST-2 (Single and Two-Family Residential
District) and RM-1 (Medium Density Residential District).
The final plat consists of 30 detached townhome lots, 55 attached townhome lots and five
common area lots within six blocks, and three outlots on 15.63 acres.
The outlots created with the final plat have the following uses:
Outlot A: Future Development; retained by TCLD LF3 Ritter, LLC (12.76 acres)
Page 239 of 379
RITTER MEADOWS SECOND ADDITION – FINAL PLAT SEPTEMBER 25, 2024 PAGE 2 OF 9 Outlot B: Future Development; retained by TCLD LF3 Ritter, LLC (0.05 acres) Outlot C: Future Development; retained by TCLD LF3 Ritter, LLC (0.04 acres) The development will be completed by: Developer: TCLD LF3 Ritter, LLC (Twin Cities Land Development) Engineer/Surveyor: Alliant
SITE CONDITIONS
The Ritter Meadows site has been mass graded following approval of the preliminary plat and
issuance of a grading permit. Construction of Ritter Meadows is active at the site. The site
originally consisted of undeveloped land. Most of the site was previously mined and
subsequently reclaimed. The northeast and northwest corners of the site appear to have been
naturally preserved and contain woodlands. A Vermillion River Watershed Joint Powers
Organization (VRWJPO) water corridor, classified as a tributary connector, exists in the
northeast corner of the site.
ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW)
An environmental assessment worksheet (EAW) was prepared consistent with Environmental
Quality Board (EQB) requirements and Minnesota Rules 4410. The Developers addressed the
comments identified in the EAW review process. A Negative Declaration on the EAW was
adopted by the City Council on September 19, 2022.
EASEMENTS
The parent parcels contained a number of existing public and private easements. The existing
public easements were vacated upon approval of the Ritter Meadows preliminary plat.
STREET AND SUBDIVISION LAYOUT
Interstate 35
Ritter Meadows Second Addition is located west of and adjacent to Interstate 35, a state
highway classified as a principal arterial. No additional right-of-way is required, and no
construction improvements are proposed with Ritter Meadows Second Addition.
205th Street
Ritter Meadows Second Addition is located north of and adjacent to 205th Street, a city roadway
classified as a major collector. The Developers have dedicated the necessary right-of-way, as
shown on the Ritter Meadows final plat, to satisfy the right-of-way requirement of 120 feet.
Page 240 of 379
RITTER MEADOWS SECOND ADDITION – FINAL PLAT SEPTEMBER 25, 2024 PAGE 3 OF 9 205th Street is a two-lane undivided rural roadway. 205th Street is programmed to be reconstructed, with the addition of bituminous shoulders, in 2027 in Lakeville’s current adopted five-year Capital Improvement Plan (2024-2028). Keokuk Avenue Development of Ritter Meadows Second Addition is located west of and adjacent to Keokuk Avenue, a City roadway classified as a minor collector. The roadway is designed as a 36-foot-
wide urban road within an 80-foot-wide right-of-way. The Developers have dedicated the
necessary right-of-way with the final plat, Ritter Meadows.
Local Roads
Development of Ritter Meadows Second Addition includes construction of 202nd Street and
Keystone Avenue, City roadways classified as local roads. The roadways are designed as 32-
foot-wide urban roads with a sidewalk along one side, within a 60-foot-wide right-of-way. The
Developers are dedicating the necessary right-of-way as shown on the final plat. The Developer
(TCLD LF3 Ritter, LLC) shall construct a temporary cul-de-sac at the west end of 202nd Street
within temporary public roadway, drainage and utility easements and provide a $5,000 security
for the future removal. Future street extension signs and barricades must be installed at the
end of Keystone Avenue and Kettle Pass.
Private Roads
Development of Ritter Meadows Second Addition includes the construction of Keynote Loop,
a privately-owned roadway designated to be owned and maintained by a property
management association.
CONSTRUCTION ACCESS
Construction traffic access and egress for grading, utility and street construction shall be
determined with the final construction plans.
PARKS, TRAILS, AND SIDEWALKS
Development of Ritter Meadows Second Addition includes the construction of public
sidewalks. Five-foot-wide concrete sidewalks, with pedestrian curb ramps, will be installed
along one side of all local streets.
The Park Dedication requirement has not been collected on the parent parcels and will be
satisfied through a cash contribution. The Park Dedication requirement will be collected with
the final plat, calculated as follows:
85 units x $3,929.00 = $333,965.00
Total Units
Ritter Meadows
Second Add.
2024 Unit Rate Park Dedication Fee
Ritter Meadows
Second Addition
Page 241 of 379
RITTER MEADOWS SECOND ADDITION – FINAL PLAT SEPTEMBER 25, 2024 PAGE 4 OF 9 The Park Dedication requirement for Outlots A, B, and C will be collected at the time they arefinal platted into lots and blocks through a cash contribution at the rate in effect at the time of final plat approval. UTILITIES SANITARY SEWER
Ritter Meadows Second Addition is located within subdistricts SC-13300 and SC-13310 of the
South Creek sanitary sewer district. Wastewater will be conveyed through City sanitary sewer
to the MCES interceptor sewer monitored by meter M646. Wastewater treatment is provided
by the Empire Wastewater Treatment Facility.
Development of Ritter Meadows Second Addition includes construction of public sanitary
sewer. Sanitary sewer will extend within the subdivision from a stub located within 202nd Street,
to be constructed with Ritter Meadows. Sanitary sewer will also extend to the northern extents
of the subdivision along Kettle Pass from a stub located within Kettle Pass, to be constructed
with Ritter Meadows, final plat.
The Sanitary Sewer Availability Charge has not been collected on the parent parcels and is
required with the final plat. The fee is based on the rate in effect at the time of final plat
approval, and calculated as follows:
85 units x $327.00 = $27,795.00
Total Units
Ritter Meadows
Second Addition
2024 Unit Rate Sanitary Sewer Availability Charge
Ritter Meadows Second Addition
The Sanitary Sewer Availability Charge for Outlots A, B, and C will be collected at the time they
are final platted into lots and blocks, at the rate in effect at the time of final plat approval.
WATERMAIN
Development of Ritter Meadows Second Addition includes construction of public watermain.
Watermain will extend within the subdivision from stubs located along Keystone Avenue, 202nd
Street and Kettle Pass, to be constructed with Ritter Meadows, final plat.
The Developer (TCLD LF3 Ritter, LLC) is eligible for reimbursement for the cost difference
between installing a privately owned and maintained high-efficiency irrigation system and a
standard system in Ritter Meadows. The reimbursement will include design costs, construction
observation (at a rate of $6,000 per phase), and development of a maintenance manual (all to
be completed by Water in Motion, Inc.) to be included in all future property management
documents. The Developer and future property management association will be responsible
for all future operation, maintenance, and upkeep of the irrigation system.
Page 242 of 379
RITTER MEADOWS SECOND ADDITION – FINAL PLAT SEPTEMBER 25, 2024 PAGE 5 OF 9 ASSESSMENTS Parent parcel PID No. 22-02500-28-010 was previously assessed for lateral sanitary sewer and watermain installed with City Project 88-9. The assessment has been paid in full with the Ritter Meadows final plat. Parent parcel PID No. 22-02500-29-010 was previously assessed for lateral sanitary sewer and watermain installed with City Project 88-9. The assessment has been paid in full with the Ritter
Meadows final plat.
Parent parcel PID No. 22-02600-04-010 was previously assessed for lateral sanitary sewer and
watermain installed with City Project 88-9. The assessment is paid in full.
DRAINAGE AND GRADING
Ritter Meadows Second Addition is located within subdistricts ML-061 and ML-065-19-1 of the
Marion Lake stormwater district.
Development of Ritter Meadows Second Addition does not include construction of a
stormwater basin. Public storm sewer will outlet to a stormwater basin to be constructed with
Ritter Meadows. The basin will be in Outlot B, Ritter Meadows final plat and provide treatment
and rate control of stormwater runoff generated from the site. The stormwater management
design is consistent with the City’s stormwater management ordinance.
The final grading plan shall identify all fill lots in which building footings will be placed on fill
material. The grading specifications shall also indicate that all embankments meet FHA/HUD
79G specifications. The Developer shall certify to the City that all lots with footings placed on
fill material are appropriately constructed. Building permits will not be issued until a soils report
and an as-built certified grading plan are submitted and approved by City staff.
Ritter Meadows Second Addition contains more than one acre of site disturbance. A National
Pollution Discharge Elimination System General Stormwater Permit for construction activity is
required from the Minnesota Pollution Control Agency for areas exceeding one acre being
disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted
to the City upon receipt from the MPCA.
STORM SEWER
Development of Ritter Meadows Second Addition includes construction of public storm sewer
systems. Storm sewer will be constructed within the subdivision to collect and convey
stormwater runoff generated from within the public right-of-way and lots to a public
stormwater management basin located with Outlot B, Ritter Meadows.
Page 243 of 379
RITTER MEADOWS SECOND ADDITION – FINAL PLAT SEPTEMBER 25, 2024 PAGE 6 OF 9 Draintile construction is required in areas of non-granular soils within Ritter Meadows for the street subgrade and lots. Any additional draintile construction, including perimeter draintile required for building footings, deemed necessary during construction by the City shall be the Developer’s (TCLD LF3 Ritter, LLC) responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and will be collected with the final plat, calculated as follows:
Storm Sewer Charge Summary
Gross Area of Ritter Meadows Second Add. 680,843 s.f.
Less Area of Outlot A (Future Development) (-) 321,037 s.f.
Total Storm Sewer Charge Area 359,806 s.f.
359,806 s.f. x $0.198/s.f. = $71,241.59
Net Area
Ritter Meadows
Second Addition
2024 Unit Rate Storm Sewer Charge
Ritter Meadows
Second Addition
The Storm Sewer Charge for Outlots A, B, and C will be collected at the time they are final
platted into lots and blocks, at the rate in effect at the time of final plat approval.
Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final
construction plans.
FEMA FLOODPLAIN ANALYSIS
Ritter Meadows Second Addition is shown on the Flood Insurance Rate Map (Map Nos.
27037C0191E and 27037C0193E; Eff. Date 12/2/2011) as Zone X by the Federal Emergency
Management Agency (FEMA). Based on this designation, there are no areas in the plat located
within a Special Flood Hazard Area (SFHA), as determined by FEMA.
WETLANDS
A wetland delineation of the site was approved on December 10, 2021. No wetland impacts are
proposed with Ritter Meadows Second Addition.
TREE PRESERVATION
The tree preservation/inventory plan submitted with the Ritter Meadows preliminary plat
identifies approximately 812 existing significant trees located within the preliminary plat
boundaries. All “save” trees that are damaged or removed will require replacement at a ratio of
2:1. Significant trees, as identified in the Tree Preservation ordinance (10-4-11), shall be
protected and preserved through termination of all grading and construction activities. The
final plat is consistent with the approved preliminary plat tree preservation plan. Page 244 of 379
RITTER MEADOWS SECOND ADDITION – FINAL PLAT SEPTEMBER 25, 2024 PAGE 7 OF 9 EROSION CONTROL The Developer (TCLD LF3 Ritter, LLC) is responsible for obtaining a MPCA Construction Permit and updating the SWPPP, including changes during construction, for the duration of the project. The permit requires that all erosion and sediment BMPs be clearly outlined in the project SWPPP.
The Developer (TCLD LF3 Ritter, LLC) is responsible for the establishment of native vegetation
around all stormwater management basins within the buffer areas. Redundant silt fence is
required along all waterways that do not have an established 50-foot buffer. Additional erosion
control measures may be required during construction as deemed necessary by City staff. Any
additional measures shall be installed and maintained by the Developers.
The MS4 Administration Fee for Ritter Meadows Second Addition has been collected with the
Ritter Meadows final plat.
SECURITIES
The Developers shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Ritter Meadows Second Addition. Construction costs are based upon
estimates submitted by the Developer’s engineer on May 21, 2024.
CONSTRUCTION COSTS
Sanitary Sewer $ 246,093.70
Watermain 341,236.40
Storm Sewer 398,144.30
Street Construction 362,112.07
Erosion Control and Vegetation Establishment 1,225.00
SUBTOTAL - CONSTRUCTION COSTS $ 1,348,811.47
OTHER COSTS
Developer’s Design (3.0%) $ 40,464.34
Developer’s Construction Survey (2.5%) 33,720.29
City’s Legal Expense (0.5%) 6,744.06
City Construction Observation (5.0%) 67,440.57
Developer’s Record Drawing (0.5%) 6,744.06
Temporary Cul-De-Sac Removal/Restoration 5,000.00
Landscaping 16,800.00
Streetlights 3,600.00
Lot Corners/Iron Monuments 9,300.00
SUBTOTAL - OTHER COSTS $ 189,813.32
TOTAL PROJECT SECURITY $ 1,538,624.79 Page 245 of 379
RITTER MEADOWS SECOND ADDITION – FINAL PLAT SEPTEMBER 25, 2024 PAGE 8 OF 9 The street light security totals $3,600 which consists of three (3) post-top streetlights at $1,200 each. The Developers shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $9,100.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street, and utility construction.
CASH FEES
A cash fee of $3,375.00 for traffic control signs shall be paid with the final plat. If traffic control
signs are installed in frost conditions, the Developer shall pay an additional $150.00 for each
traffic control sign location.
A cash fee for one-year of streetlight operating expenses shall be paid with the final plat and is
calculated as follows:
85 units x $40.48/unit = $3,440.80
Total Units
Ritter Meadows
Second Addition
2024 Rate Streetlight Operating Fee
Ritter Meadows Second Addition
A cash fee for one-year of environmental resources management expenses shall be paid with
the final plat and is calculated as follows:
85 units x $59.16/unit x 0.50 = $2,514.30
Total Units
Ritter Meadows
Second Add.
2024 Rate Utility Factor Environmental Resources Fee
Ritter Meadows
Second Addition
A cash fee for the preparation of addressing, property data, and City base map updating shall
be paid with the final plat and is calculated as follows:
93 lots x $90.00/unit = $8,370.00
Lots/Outlots
Ritter Meadows Second Addition
2024 Rate Property Data & Asset/Infrastructure Mgmt. Fee
Ritter Meadows Second Addition
The Developer shall submit the final plat and construction drawings in an electronic format.
The electronic format shall be in either .dwg (AutoCAD) or .dxf format.
The Developer shall pay a cash fee for City Engineering Administration. The fee for City
Engineering Administration is based on three percent (3.00%) of the estimated construction
cost, or $40,464.34.
Page 246 of 379
RITTER MEADOWS SECOND ADDITION – FINAL PLAT SEPTEMBER 25, 2024 PAGE 9 OF 9 CASH REQUIREMENTS Park Dedication $ 333,965.00 Sanitary Sewer Availability Charge 27,795.00 Storm Sewer Charge 71,241.59 Traffic Control Signs 3,375.00 Streetlight Operating Fee 3,440.80 Environmental Resources Management Fee 2,514.30
Property Data and Asset/Infrastructure Management Fee 8,370.00
City Engineering Administration (3.00%)
40,464.34
TOTAL CASH REQUIREMENTS $ 491,166.03
CREDITS TO CASH REQUIREMENTS
Sanitary Sewer Overdepth Credit (Sanitary Sewer Fund) 10,106.97
SUBTOTAL - CREDITS TO THE CASH REQUIREMENTS $ 10,106.97
TOTAL CASH REQUIREMENTS $ 481,059.06
RECOMMENDATION
Engineering recommends approval of the final plat, grading and erosion control plan, tree
preservation, and utility plan for Ritter Meadows Second Addition, subject to the requirements
and stipulations within this report. Page 247 of 379
Date: 10/7/2024
U.S. Department of Homeland Security Staffing for Adequate Fire and Emergency
Response (SAFER) Grant Acceptance
Proposed Action
Staff recommends adoption of the following motion: Move to approve resolution to accept a
Staffing for Adequate Fire and Emergency Response(SAFER) Grant through U.S. Department
of Homeland Security for $5,561,853.30 to the City of Lakeville Fire Department.
Overview
The Lakeville Fire Department submitted a SAFER Grant application in February 2024 to
secure funding for the hiring of 15 firefighters. On September 23, 2024, we were notified that
the grant had been awarded. This grant will cover the salaries and benefits for these positions
over a three-year period, from 2025 to 2028. With the acceptance of this grant, our full-time
firefighter staff will increase to 21, enhancing our capacity to provide consistent, reliable, and
professional service to our community.
Supporting Information
1. EMW-2023-FF-01451 - Award Package
Financial Impact: $0.00 Budgeted: No Source:
Envision Lakeville Community Values: Good Value for Public Service and Safety
Throughout the Community
Report Completed by: Michael Meyer, Fire Chief
Page 248 of 379
CITY OF LAKEVILLE
RESOLUTION NO._________
U.S. DEPARTMENT OF HOMELAND SECURITY STAFFING FOR ADEQUATE FIRE
AND EMERGENCY RESPONSE (SAFER) GRANT ACCEPTANCE
RESOLUTION ACCEPTING STAFFING FOR AEDQUATE FIRE AND EMERGENCY
RESPONSE (SAFER) GRANT TO THE CITY OF LAKEVILLE FIRE DEPARTMENT
WHEREAS, the City of Lakeville’s Fire Department has a grant award from the U.S.
Department of Homeland Security in the amount of $5,561,853.30; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota that the SAFER Grant award is hereby officially accepted and acknowledged; and
BE IT FURTHER RESOLVED that City staff is authorized to amend the budget to comply
with
Grant agreements and restricted donations.
ADOPTED by the Lakeville City Council on this 7th day of October 2024
CITY OF LAKEVILLE:
_________________________
Luke M Hellier, Mayor
ATTEST:
_________________________
Ann Orlofsky, City Clerk
Page 249 of 379
Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 09/23/2024
Mike Meyer
CITY OF LAKEVILLE
20195 HOLYOKE AVE
LAKEVILLE, MN 55044
EMW-2023-FF-01451
Dear Mike Meyer,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the
Fiscal Year (FY) 2023 Staffing for Adequate Fire and Emergency Response (FF) Grant funding
opportunity has been approved in the amount of $5,561,853.30 in Federal funding.
FEMA has waived, in part or in full, one or more requirements for this grant award. See the Summary
Award Memo for additional information about Economic Hardship Waivers.
Before you request and receive any of the Federal funds awarded to you, you must establish
acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this
award, you acknowledge that the terms of the following documents are incorporated into the terms of
your award:
Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2023 FF Notice of Funding Opportunity (NOFO) - incorporated by reference
Please make sure you read, understand, and maintain a copy of these documents in your official file for
this award.
Sincerely,
PAMELA WILLIAMS
Assistant Administrator, Grant Programs
Summary Award Memo
Program: Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response
Page 250 of 379
Recipient: CITY OF LAKEVILLE
UEI-EFT: KL8UN7NHZAS3
DUNS number: 958236648
Award number: EMW-2023-FF-01451
Summary description of award
The purpose of the SAFER Grant Program is to provide funding directly to fire departments and
volunteer firefighter interest organizations to assist in increasing the number of firefighters to help
communities meet industry minimum standards and attain 24-hour staffing to provide adequate
protection from fire and fire-related hazards, and to fulfill traditional missions of fire departments. After
careful consideration, FEMA has determined that the recipient's project or projects submitted as part of
the recipient's application and detailed in the project narrative as well as the request details section of
the application ― including budget information ― was consistent with the SAFER Grant Program’s
purpose and was worthy of award.
Except as otherwise approved as noted in this award, the information you provided in your application
for Fiscal Year (FY) 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funding
is incorporated into the terms and conditions of this award. This includes any documents submitted as
part of the application.
Approved Economic Hardship Waivers
Position cost limit waiver
FEMA has waived the position cost limit requirement for this grant award. Costs are limited to the
approved budget per position.
Cost share waiver
FEMA has waived the cost share requirement for this grant award. You are not required to contribute
non-Federal funds for this grant award. The recipient is responsible for any costs that exceed the
Federal funding provided for this grant award.
Minimum budget waiver
FEMA has waived the minimum budget requirement for this award.
Non-supplanting waiver
FEMA has waived the non-supplanting requirement for this award. SAFER grant funds may be used to
replace funds that would be available from State or local sources or from the Bureau of Indian Affairs.
Amount awarded
The amount of the award is detailed in the attached Obligating Document for Award. The cost share
amounts described in this award letter are based on the approved total project cost; however, the
Page 251 of 379
Federal funding available is limited based on the applicable position cost limit and the applicable cost
share as applied to actual costs.
The following are the total approved budgeted estimates for object classes for all funded firefighter
positions for this award (including Federal share plus your cost share, if applicable, as applied to the
estimated costs):
Program Income $0.00
Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are
provided for any differences between the scope of work in the original application and the approved
scope of work under this award. You must submit scope or budget revision requests for FEMA's prior
approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2023 FF
NOFO.
Approved request details:
Hiring of Firefighters
Object Class First Year Second Year Third Year Total
Personnel $1,141,065.00 $1,218,086.85 $1,300,307.70 $3,659,459.55
Fringe benefits $593,190.00 $633,230.40 $675,973.35 $1,902,393.75
Travel $0.00 $0.00 $0.00 $0.00
Equipment $0.00 $0.00 $0.00 $0.00
Supplies $0.00 $0.00 $0.00 $0.00
Contractual $0.00 $0.00 $0.00 $0.00
Construction $0.00 $0.00 $0.00 $0.00
Other $0.00 $0.00 $0.00 $0.00
Indirect charges $0.00 $0.00 $0.00 $0.00
Federal $1,734,255.00 $1,851,317.25 $1,976,281.05 $5,561,853.30
Non-federal $0.00 $0.00 $0.00 $0.00
Total $1,734,255.00 $1,851,317.25 $1,976,281.05 $5,561,853.30
Page 252 of 379
Agreement Articles
Program: Fiscal Year 2023 Staffing for Adequate Fire and Emergency Response
Recipient: CITY OF LAKEVILLE
UEI-EFT: KL8UN7NHZAS3
DUNS number: 958236648
Award number: EMW-2023-FF-01451
Table of contents
New, Additional Firefighter(s)
BENEFITS FUNDED
PERA (Pension) - $13,464.55; Medicare (1.45%) -$1,103.03; Health Insurance - $17,155.92;
Life Insurance -$62.00; Long Term Disability Insurance - $167.36; Dental Insurance - $645.72;
Worker’s Compensation Insurance -$6,914.84; Contractual Flex Compensation - $33.00.
NUMBER OF FIREFIGHTERS
15
ANNUAL
SALARY PRICE
ANNUAL
BENEFITS
TOTAL PER
FIREFIGHTER
Year 1 $76,071.00 $39,546.00 $115,617.00
Year 2 $81,205.79 $42,215.36 $123,421.15
Year 3 $86,687.18 $45,064.89 $131,752.07
3 Year Total $5,561,853.30
Page 253 of 379
Article
1
Assurances, Administrative Requirements, Cost Principles, Representations, and
Certifications
Article
2
General Acknowledgements and Assurances
Article
3
Acknowledgement of Federal Funding from DHS
Article
4
Activities Conducted Abroad
Article
5
Age Discrimination Act of 1975
Article
6
Americans with Disabilities Act of 1990
Article
7
Best Practices for Collection and Use of Personally Identifiable Information
Article
8
Civil Rights Act of 1964 – Title VI
Article
9
Civil Rights Act of 1968
Article
10
Copyright
Article
11
Debarment and Suspension
Article
12
Drug-Free Workplace Regulations
Article
13
Duplicative Costs
Article
14
Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Article
15
E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice
Practices to Enhance Public Trust and Public Safety
Article
16
Energy Policy and Conservation Act
Article
17
False Claims Act and Program Fraud Civil Remedies
Article
18
Federal Debt Status
Article
19
Federal Leadership on Reducing Text Messaging while Driving
Article
20
Fly America Act of 1974
Article
21
Hotel and Motel Fire Safety Act of 1990
Article
22
John S. McCain National Defense Authorization Act of Fiscal Year 2019
Article
23
Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Article
24
Lobbying Prohibitions
Article
25
National Environmental Policy Act
Article
26
Nondiscrimination in Matters Pertaining to Faith-Based Organizations
Page 254 of 379
Article
27
Non-Supplanting Requirement
Article
28
Notice of Funding Opportunity Requirements
Article
29
Patents and Intellectual Property Rights
Article
30
Procurement of Recovered Materials
Article
31
Rehabilitation Act of 1973
Article
32
Reporting of Matters Related to Recipient Integrity and Performance
Article
33
Reporting Subawards and Executive Compensation
Article
34
Required Use of American Iron, Steel, Manufactured Products, and Construction
Materials
Article
35
SAFECOM
Article
36
Terrorist Financing
Article
37
Trafficking Victims Protection Act of 2000 (TVPA)
Article
38
Universal Identifier and System of Award Management
Article
39
USA PATRIOT Act of 2001
Article
40
Use of DHS Seal, Logo and Flags
Article
41
Whistleblower Protection Act
Article
42
Environmental Planning and Historic Preservation (EHP) Review
Article
43
Applicability of DHS Standard Terms and Conditions to Tribes
Article
44
Acceptance of Post Award Changes
Article
45
Disposition of Equipment Acquired Under the Federal Award
Article
46
Prior Approval for Modification of Approved Budget
Article
47
Indirect Cost Rate
Article
48
Award Performance Goals
Page 255 of 379
Article 1 Assurances, Administrative Requirements, Cost Principles,
Representations, and Certifications
I. Recipients must complete either the Office of Management and Budget (OMB)
Standard Form 424B Assurances – Non- Construction Programs, or OMB
Standard Form 424D Assurances – Construction Programs, as applicable. Certain
assurances in these documents may not be applicable to your program and the
DHS financial assistance office (DHS FAO) may require applicants to certify
additional assurances. Applicants are required to fill out the assurances as
instructed by the federal awarding agency.
Article 2 General Acknowledgements and Assurances
Recipients are required to follow the applicable provisions of the Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards in effect as of the federal award date and located at 2 C.F.R. Part 200 and
adopted by DHS at 2 C.F.R. § 3002.10. All recipients and subrecipients must
acknowledge and agree to provide DHS access to records, accounts, documents,
information, facilities, and staff pursuant to 2 C.F.R. § 200.337. I. Recipients must
cooperate with any DHS compliance reviews or compliance investigations. II.
Recipients must give DHS access to examine and copy records, accounts, and
other documents and sources of information related to the federal financial
assistance award and permit access to facilities and personnel. III. Recipients must
submit timely, complete, and accurate reports to the appropriate DHS officials and
maintain appropriate backup documentation to support the reports. IV. Recipients
must comply with all other special reporting, data collection, and evaluation
requirements required by law, federal regulation, Notice of Funding Opportunity,
federal award specific terms and conditions, and/or federal awarding agency
program guidance. V. Recipients must complete the DHS Civil Rights Evaluation
Tool within thirty (30) days of receiving the Notice of Award for the first award
under which this term applies. Recipients of multiple federal awards from DHS
should only submit one completed tool for their organization, not per federal award.
After the initial submission, recipients are required to complete the tool once every
two (2) years if they have an active federal award, not every time a federal award is
made. Recipients must submit the completed tool, including supporting materials,
to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations
and related reporting requirements contained in these DHS Standard Terms and
Conditions. Subrecipients are not required to complete and submit this tool to DHS.
The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-
rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The
DHS Office for Civil Rights and Civil Liberties will consider, in its discretion,
granting an extension to the 30-day deadline if the recipient identifies steps and a
timeline for completing the tool. Recipients must request extensions by emailing the
request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day
deadline.
Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal award funding when issuing
statements, press releases, requests for proposal, bid invitations, and other
documents describing projects or programs funded in whole or in part with federal
award funds.
Page 256 of 379
Article 4 Activities Conducted Abroad
Recipients must coordinate with appropriate government authorities when
performing project activities outside the United States obtain all appropriate
licenses, permits, or approvals.
Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of
1975, Pub. L. No. 94-135 (codified as amended at 42 U.S.C. § 6101 et seq.), which
prohibits discrimination on the basis of age in any program or activity receiving
federal financial assistance.
Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the
Americans with Disabilities Act, Pub. L. No. 101-336 (1990) (codified as amended
at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on
the basis of disability in the operation of public entities, public and private
transportation systems, places of public accommodation, and certain testing
entities.
Article 7 Best Practices for Collection and Use of Personally Identifiable
Information
Recipients who collect personally identifiable information (PII) as part of carrying
out the scope of work under a federal award are required to have a publicly
available privacy policy that describes standards on the usage and maintenance of
the PII they collect. DHS defines PII as any information that permits the identity of
an individual to be directly or indirectly inferred, including any information that is
linked or linkable to that individual. Recipients may also find the DHS Privacy
Impact Assessments: Privacy Guidance and Privacy Template as useful resources
respectively.
Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of
1964, Pub. L. No. 88-352 (codified as amended at 42 U.S.C. § 2000d et seq.),
which provides that no person in the United States will, on the grounds of race,
color, or national origin, be excluded from participation in, be denied the benefits of,
or be subjected to discrimination under any program or activity receiving federal
financial assistance. DHS implementing regulations for the Act are found at 6
C.F.R. Part 21. Recipients of an award from the Federal Emergency Management
Agency (FEMA) must also comply with FEMA’s implementing regulations at 44
C.F.R. Part 7.
Page 257 of 379
Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. No.
90-284 (codified as amended at 42 U.S.C. § 3601 et seq.) which prohibits
recipients from discriminating in the sale, rental, financing, and advertising of
dwellings, or in the provision of services in connection. therewith, on the basis of
race, color, national origin, religion, disability, familial status, and sex, as
implemented by the U.S. Department of Housing and Urban Development at 24
C.F.R. Part 100. The prohibition on disability discrimination includes the
requirement that new multifamily housing with four or more dwelling units— i.e., the
public and common use areas and individual apartment units (all units in buildings
with elevators and ground-floor units in buildings without elevators)—be designed
and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart
D.)
Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 to
any work first produced under federal awards and also include an
acknowledgement that the work was produced under a federal award (including
the federal award number and federal awarding agency). As detailed in 2 C.F.R. §
200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and
irrevocable right to reproduce, publish, or otherwise use the work for federal
purposes and to authorize others to do so.
Article 11 Debarment and Suspension
Recipients must comply with the non-procurement debarment and suspension
regulations implementing Executive Orders (E.O.) 12549 and 12689 set forth at 2
C.F.R. Part 180 as implemented by DHS at 2 C.F.R. Part 3000. These regulations
prohibit recipients from entering into covered transactions (such as subawards and
contracts) with certain parties that are debarred, suspended, or otherwise excluded
from or ineligible for participation in federal assistance programs or activities.
Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or
Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the
Government- wide implementation (2 C.F.R. Part 182) of the Drug-Free Workplace
Act of 1988 (41 U.S.C. §§ 8101-8106).
Article 13 Duplicative Costs
Recipients are prohibited from charging any cost to this federal award that will be
included as a cost or used to meet cost sharing or matching requirements of any
other federal award in either the current or a prior budget period. (See 2 C.F.R. §
200.403(f)). However, recipients may shift costs that are allowable under two or
more federal awards where otherwise permitted by federal statutes, regulations, or
the federal financial assistance award terms and conditions.
Page 258 of 379
Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) –
Title IX
Recipients must comply with the requirements of Title IX of the Education
Amendments of 1972, Pub. L. No. 92-318 (codified as amended at 20 U.S.C. §
1681 et seq.), which provide that no person in the United States will, on the basis of
sex, be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any educational program or activity receiving federal financial
assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17.
Recipients of an award from the Federal Emergency Management Agency (FEMA)
must also comply with FEMA’s implementing regulations at 44 C.F.R. Part 19.
Article 15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal
Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply
with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local,
or territorial law enforcement agencies are also encouraged to adopt and enforce
policies consistent with E.O. 14074 to support safe and effective policing.
Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and
Conservation Act, Pub. L. No. 94-163 (1975) (codified as amended at 42 U.S.C. §
6201 et seq.), which contain policies relating to energy efficiency that are defined in
the state energy conservation plan issued in compliance with this Act.
Article 17 False Claims Act and Program Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C.
§§ 3729- 3733, which prohibit the submission of false or fraudulent claims for
payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details
the administrative remedies for false claims and statements made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal
debt. Examples of relevant debt include delinquent payroll and other taxes, audit
disallowances, and benefit overpayments. (See OMB Circular A-129.)
Article 19 Federal Leadership on Reducing Text Messaging while Driving
Recipients are encouraged to adopt and enforce policies that ban text messaging
while driving recipient-owned, recipient-rented, or privately owned vehicles when
on official government business or when performing any work for or on behalf of the
Federal Government. Recipients are also encouraged to conduct the initiatives of
the type described in Section 3(a) of E.O. 13513.
Page 259 of 379
Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (a list of certified
air carriers can be found at: Certificated Air Carriers List | US Department of
Transportation, https://www.transportation.gov/policy/aviation-policy/certificated-
air-carriers-list)for international air transportation of people and property to the
extent that such service is available, in accordance with the International Air
Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the
interpretative guidelines issued by the Comptroller General of the United States in
the March 31, 1981, amendment to Comptroller General Decision B-138942.
Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space
funded entirely or in part by federal award funds complies with the fire prevention
and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990,
15 U.S.C. § 2225a.
Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019
Recipients, subrecipients, and their contractors and subcontractors are subject to
the prohibitions described in section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R.
§§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. The statute –
as it applies to DHS recipients, subrecipients, and their contractors and
subcontractors – prohibits obligating or expending federal award funds on certain
telecommunications and video surveillance products and contracting with certain
entities for national security reasons.
Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI)
Recipients must comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq.) prohibition against discrimination on the basis of national origin,
which requires that recipients of federal financial assistance take reasonable steps
to provide meaningful access to persons with limited English proficiency (LEP) to
their programs and services. For additional assistance and information regarding
language access obligations, please refer to the DHS Recipient Guidance:
https://www.dhs.gov/guidance-published-help- department-supported-
organizations-provide-meaningful-access-people-limited and additional resources
on http://www.lep.gov.
Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352 and 6 C.F.R. Part 9, which provide
that none of the funds provided under a federal award may be expended by the
recipient to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with any federal
action related to a federal award or contract, including any extension, continuation,
renewal, amendment, or modification. Per 6 C.F.R. Part 9, recipients must file a
lobbying certification form as described in Appendix A to 6 C.F.R. Part 9 or
available on Grants.gov as the Grants.gov Lobbying Form and file a lobbying
disclosure form as described in Appendix B to 6 C.F.R. Part 9 or available on
Grants.gov as the Disclosure of Lobbying Activities (SF-LLL).
Page 260 of 379
Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy
Act of 1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321
et seq.) (NEPA) and the Council on Environmental Quality (CEQ) Regulations for
Implementing the Procedural Provisions of NEPA, which require recipients to use
all practicable means within their authority, and consistent with other essential
considerations of national policy, to create and maintain conditions under which
people and nature can exist in productive harmony and fulfill the social, economic,
and other needs of present and future generations of Americans.
Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations
It is DHS policy to ensure the equal treatment of faith-based organizations in social
service programs administered or supported by DHS or its component agencies,
enabling those organizations to participate in providing important social services to
beneficiaries. Recipients must comply with the equal treatment policies and
requirements contained in 6 C.F.R. Part 19 and other applicable statues,
regulations, and guidance governing the participations of faith- based organizations
in individual DHS programs.
Article 27 Non-Supplanting Requirement
Recipients of federal awards under programs that prohibit supplanting by law must
ensure that federal funds supplement but do not supplant non-federal funds that, in
the absence of such federal funds, would otherwise have been made available for
the same purpose.
Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, scope of work, and other conditions set
forth in the Notice of Funding Opportunity (NOFO) for this federal award are
incorporated by reference. All recipients must comply with any such requirements
set forth in the NOFO. If a condition of the NOFO is inconsistent with these terms
and conditions and any such terms of the Award, the condition in the NOFO shall
be invalid to the extent of the inconsistency. The remainder of that condition and all
other conditions set forth in the NOFO shall remain in effect.
Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq. and
applicable regulations governing inventions and patents, including the regulations
issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms under Government
Awards, Contracts, and Cooperative Agreements) and the standard patent rights
clause set forth at 37 C.F.R. § 401.14.
Page 261 of 379
Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with
Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965) (codified
as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962)
and 2 C.F.R. § 200.323. The requirements of Section 6002 include procuring only
items designated in guidelines of the Environmental Protection Agency (EPA) at 40
C.F.R. Part 247 that contain the highest percentage of recovered materials
practicable, consistent with maintaining a satisfactory level of competition.
Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation
Act of 1973, Pub. L. No. 93-112 (codified as amended at 29 U.S.C. § 794), which
provides that no otherwise qualified handicapped individuals in the United States
will, solely by reason of the handicap, be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving federal financial assistance.
Article 32 Reporting of Matters Related to Recipient Integrity and Performance
If the total value of any currently active grants, cooperative agreements, and
procurement contracts from all federal awarding agencies exceeds $10,000,000
for any period of time during the period of performance of the federal award, then
the recipient must comply with the requirements set forth in the government-wide
Award Term and Condition for Recipient Integrity and Performance Matters located
at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated by
reference.
Article 33 Reporting Subawards and Executive Compensation
For federal awards that equal or exceed $30,000, recipients are required to comply
with the requirements set forth in the government-wide award term on Reporting
Subawards and Executive Compensation set forth at 2 C.F.R. Part 170, Appendix
A, the full text of which is incorporated by reference.
Page 262 of 379
Article 34 Required Use of American Iron, Steel, Manufactured Products, and
Construction Materials
Recipients of an award of Federal financial assistance from a program for
infrastructure are hereby notified that none of the funds provided under this award
may be used for a project for infrastructure unless: (1) all iron and steel used in the
project are produced in the United States—this means all manufacturing
processes, from the initial melting stage through the application of coatings,
occurred in the United States; (2) all manufactured products used in the project are
produced in the United States—this means the manufactured product was
manufactured in the United States; and the cost of the components of the
manufactured product that are mined, produced, or manufactured in the United
States is greater than 55 percent of the total cost of all components of the
manufactured product, unless another standard for determining the minimum
amount of domestic content of the manufactured product has been established
under applicable law or regulation; and (3) all construction materials are
manufactured in the United States—this means that all manufacturing processes
for the construction material occurred in the United States. The Buy America
preference only applies to articles, materials, and supplies that are consumed in,
incorporated into, or affixed to an infrastructure project. As such, it does not apply
to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure
project. Nor does a Buy America preference apply to equipment and furnishings,
such as movable chairs, desks, and portable computer equipment, that are used at
or within the finished infrastructure project but are not an integral part of the
structure or permanently affixed to the infrastructure project. Waivers When
necessary, recipients may apply for, and the agency may grant, a waiver from
these requirements. The agency should notify the recipient for information on the
process for requesting a waiver from these requirements. (a) When the Federal
agency has determined that one of the following exceptions applies, the awarding
official may waive the application of the domestic content procurement preference
in any case in which the agency determines that: (1) applying the domestic content
procurement preference would be inconsistent with the public interest; (2) the types
of iron, steel, manufactured products, or construction materials are not produced in
the United States in sufficient and reasonably available quantities or of a
satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or
construction materials produced in the United States will increase the cost of the
overall project by more than 25 percent. A request to waive the application of the
domestic content procurement preference must be in writing. The agency will
provide instructions on the format, contents, and supporting materials required for
any waiver request. Waiver requests are subject to public comment periods of no
less than 15 days and must be reviewed by the Made in America Office. There may
be instances where an award qualifies, in whole or in part, for an existing waiver
described at “Buy America” Preference in FEMA Financial Assistance Programs
for Infrastructure | FEMA.gov. Definitions The definitions applicable to this term are
set forth at 2 C.F.R. § 184.3, the full text of which is incorporated by reference.
Page 263 of 379
Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under programs that
provide emergency communication equipment and its related activities must
comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable
communications. The SAFECOM Guidance is updated annually and can be found
at Funding and Sustainment | CISA.
Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and applicable statutory prohibitions on
transactions with, and the provisions of resources and support to, individuals and
organizations associated with terrorism. Recipients are legally responsible for
ensuring compliance with the E.O. and laws.
Article 37 Trafficking Victims Protection Act of 2000 (TVPA)
Recipients must comply with the requirements of the government-wide financial
assistance award term which implements Trafficking Victims Protection Act of
2000, Pub. L. No. 106-386, § 106 (codified as amended at 22 U.S.C. § 7104). The
award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated by
reference.
Article 38 Universal Identifier and System of Award Management
Recipients are required to comply with the requirements set forth in the
government-wide financial assistance award term regarding the System for Award
Management and Universal Identifier Requirements located at 2 C.F.R. Part 25,
Appendix A, the full text of which is incorporated reference.
Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and
Strengthening America by Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§
175–175c.
Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain written permission from DHS prior to using the DHS seals,
logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This
includes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or
reproductions of flags, or likenesses of component officials.
Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower
protections at 10 U.S.C § 470141 U.S.C. § 4712.
Page 264 of 379
Article 42 Environmental Planning and Historic Preservation (EHP) Review
DHS/FEMA funded activities that may require an Environmental Planning and
Historic Preservation (EHP) review are subject to the FEMA EHP review process.
This review does not address all federal, state, and local requirements. Acceptance
of federal funding requires the recipient to comply with all federal, state and local
laws. DHS/FEMA is required to consider the potential impacts to natural and
cultural resources of all projects funded by DHS/FEMA grant funds, through its
EHP review process, as mandated by: the National Environmental Policy Act;
National Historic Preservation Act of 1966, as amended; National Flood Insurance
Program regulations; and any other applicable laws and executive orders. General
guidance for FEMA’s EHP process is available on the DHS/FEMA Website at:
https://www.fema.gov/grants/guidance-tools/environmental-historic. Specific
applicant guidance on how to submit information for EHP review depends on the
individual grant program and applicants should contact their grant Program Officer
to be put into contact with EHP staff responsible for assisting their specific grant
program. The EHP review process must be completed before funds are released to
carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the
project due to noncompliance with EHP laws, executive orders, regulations, and
policies. If ground disturbing activities occur during construction, applicant will
monitor ground disturbance, and if any potential archaeological resources are
discovered the applicant will immediately cease work in that area and notify the
pass-through entity, if applicable, and DHS/FEMA.
Article 43 Applicability of DHS Standard Terms and Conditions to Tribes
The DHS Standard Terms and Conditions are a restatement of general
requirements imposed upon recipients and flow down to sub-recipients as a matter
of law, regulation, or executive order. If the requirement does not apply to Indian
tribes or there is a federal law or regulation exempting its application to Indian
tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms
and Conditions does not change or alter its inapplicability to an Indian tribe. The
execution of grant documents is not intended to change, alter, amend, or impose
additional liability or responsibility upon the Tribe where it does not already exist.
Article 44 Acceptance of Post Award Changes
In the event FEMA determines that an error in the award package has been made,
or if an administrative change must be made to the award package, recipients will
be notified of the change in writing. Once the notification has been made, any
subsequent requests for funds will indicate recipient acceptance of the changes to
the award. Please call FEMA Grant Management Operations at (866) 927-5646 or
via e-mail to: ASK-GMD@fema.dhs.gov if you have any questions.
Article 45 Disposition of Equipment Acquired Under the Federal Award
For purposes of original or replacement equipment acquired under this award by a
non-state recipient or non-state sub-recipients, when that equipment is no longer
needed for the original project or program or for other activities currently or
previously supported by a federal awarding agency, you must request instructions
from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R.
section 200.313. State recipients and state sub-recipients must follow the
disposition requirements in accordance with state laws and procedures.
Page 265 of 379
Article 46 Prior Approval for Modification of Approved Budget
Before making any change to the FEMA approved budget for this award, you must
request prior written approval from FEMA where required by 2 C.F.R. section
200.308. For purposes of non-construction projects, FEMA is utilizing its discretion
to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the
transfer of funds among direct cost categories, programs, functions, or activities.
Therefore, for awards with an approved budget where the federal share is greater
than the simplified acquisition threshold (currently $250,000), you may not transfer
funds among direct cost categories, programs, functions, or activities without prior
written approval from FEMA where the cumulative amount of such transfers
exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last
approved. For purposes of awards that support both construction and non-
construction work, FEMA is utilizing its discretion under 2 C.F.R. section
200.308(h)(5) to require the recipient to obtain prior written approval from FEMA
before making any fund or budget transfers between the two types of work. You
must report any deviations from your FEMA approved budget in the first Federal
Financial Report (SF-425) you submit following any budget deviation, regardless of
whether the budget deviation requires prior written approval.
Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the
indirect cost rate for the federal award. If applicable, the indirect cost rate for this
award is stated in the budget documents or other materials approved by FEMA and
included in the award file.
Article 48 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the
firefighter hiring activities of new, additional firefighters, rehire laid off firefighters, or
retain firefighters facing layoff OR recruitment and retention activities of volunteer
firefighters who are involved with or trained in the operations of firefighting and
emergency response as requested in its application. In order to measure
performance, FEMA may request information throughout the period of
performance. In its final performance report submitted at closeout, the recipient is
required to report on the recipients increased compliance with the National
standards described in the NOFO.
Obligating document
1. Agreement No.
EMW-2023-FF-
01451
2. Amendment
No.
N/A
3. Recipient
No.
416005304
4. Type of
Action
AWARD
5. Control No.
WX03511N2024T
6. Recipient Name and
Address
CITY OF LAKEVILLE
20195 HOLYOKE AVE
LAKEVILLE, MN 55044
7. Issuing FEMA Office and
Address
Grant Programs Directorate
500 C Street, S.W.
Washington DC, 20528-7000
1-866-927-5646
8. Payment Office and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742
Page 266 of 379
9. Name of
Recipient Project
Officer
Mike Meyer
9a. Phone
No.
9529854701
10. Name of FEMA Project
Coordinator
Staffing for Adequate Fire and
Emergency Response (SAFER) Grant
Program
10a.
Phone
No.
1-866-
274-0960
11. Effective Date of
This Action
09/23/2024
12. Method of
Payment
OTHER - FEMA
GO
13. Assistance
Arrangement
COST SHARING
14. Performance
Period
03/22/2025 to
03/21/2028
Budget Period
03/22/2025 to
03/21/2028
15. Description of Action a. (Indicate funding data for awards or financial changes)
Program
Name
Abbreviation
Assistance
Listings
No.
Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action +
or (-)
Current Total
Award
Cumulative
Non-Federal
Commitment
FF 97.083
2024-F3-
GF01 -
P410-xxxx-
4101-D
$0.00 $5,561,853.30 $5,561,853.30 $0.00
Totals $0.00 $5,561,853.30 $5,561,853.30 $0.00
b. To describe changes other than funding data or financial changes, attach
schedule and check here:
N/A
16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND
RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for
address)
This field is not applicable for digitally signed grant agreements
17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)DATE
18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs
DATE
09/23/2024
Page 267 of 379
Date: 10/7/2024
Contract for Fall 2024 Tree Planting under the 2023 Shade Tree Program Bonding Grant
Proposed Action
Staff recommends adoption of the following motion: Move to approve a contract with Friedges
Landscape, Inc. for the planting of trees on park property in the fall of 2024 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 plant a diverse mix of
116 new trees to replace 58 ash tree being removed, meeting the grant replacement ratio of 2:1.
In September, the City solicited quotes from two contractors for tree planting service. Two
quotes were returned and the lowest qualified proposal was provided by Friedges Landscape,
Inc. in the amount of $44,985.00.
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 FOR SERVICES - FRIEDGES LANDSCAPE INC - 2024 FALL
PLANTING - Signed
2. Quote List
Financial Impact: $44,985.00 - Funds to be reimbursed through grant Budgeted:
Yes Source: Forestry - Funds to be reimbursed through 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 268 of 379
CONTRACT FOR SERVICES
THIS AGREEMENT made this 7th day of October 2024, by and between the CITY OF
LAKEVILLE , a Minnesota municipal corporation, hereinafter referred to as the “City”, and
FRIEDGES LANDSCAPE, INC., hereinafter referred to as the “Contractor”.
THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION HEREINAFTER STATED,
AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. The scope of services is detailed in the Contract Documents but
generally consists of tree planting services within the City’s 2024 Fall Park Tree
Planting project. The Contractor agrees to perform the services as detailed in the
Contract Documents.
2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract
Documents", all of which shall be taken together as a whole as the contract between the
parties as if they were set verbatim and in full herein:
A. This document entitled “Contract for Services”.
B. Tree Planting Request for Proposal dated August 22nd, 2024.
C. General and Technical City Specifications
D. Contractor’s Proposal
If there is a conflict among the provisions of the Contract, the order in which they are
listed above shall control in resolving any such conflicts with Contract Document "A"
having the first priority and Contract Document "D" having the last priority.
3. OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees that the work
contemplated by the Contract shall be fully and satisfactorily completed in accordance
with the terms of the Contract Documents.
4. PAYMENT.
A. The City agrees to pay and the Contractor agrees to receive and accept payment
in accordance with the prices quoted for completion of work in accordance with
the contract documents, inclusive of taxes, if any. City shall make 95% progress
payments on the Contract Price on the basis of approved Contractor invoices for
work completed provided the work is commensurate with the percentage of
work completed. Upon final completion of the work require under the Contract
and acceptance by the City, the City shall pay the remainder of the Contract Price
as recommended by the City Forester.
B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the
Contractor must pay any subcontractor within ten (10) days of the Contractor’s
receipt of payment from the City for undisputed services provided by the
subcontractor. The Contractor must pay interest of 1½ percent per month or
any part of a month to the subcontractor on any undisputed amount not paid
Page 269 of 379
on time to the subcontractor. The minimum monthly interest penalty payment
for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of
less than $100.00, the Contractor shall pay the actual penalty due to the
subcontractor.
5. INDEMNIFICATION.
A. The Contractor shall indemnify, defend and hold harmless the City and its
officials, agents, representatives, and employees from any loss, claim, liability
and expense (including reasonable attorney’s fees and expenses of litigation)
with respect to: (a) Worker’s Compensation benefits payable on account of
injury or death to any Contractor employee or to any employee of Contractor’s
subcontractors, where the injury or death arises out of or is in any way related
to the work performed or to be performed under the Contract; (b) claims for
personal injury, death, or property damage or loss asserted by a Contractor or
subcontractor or any of their officers, agents, representatives, or employees
where the injury, death, damage, or loss arises out of or is in any way related to
the work performed or to be performed under the Contract; and (c) claims for
personal injury, death, or property damage or loss as asserted by third-parties
at the work site, where the claim is based in the whole or in any part on, or is in
any way related to, any act or omission by Contractor, or Contractor’s
subcontractors, agents, employees or delegates.
B. Contractor shall agree that the indemnities stated above shall be construed
and applied in favor of indemnification. To the extent permitted by law, the
stated indemnities shall apply regardless of any strict liability or negligence
attributable to the City and regardless of the extent to which the underlying
harm is attributable to the negligence or otherwise wrongful act or omission
(including breach of contract) of Contractor, its subcontractors, agents,
employees or delegates. Contractor also agrees that if applicable law limits or
precludes any aspect of the stated indemnities, then the indemnities will be
considered limited only to the extent necessary to comply with that applicable
law. The stated indemnities continue until all applicable statutes of limitations
have run.
C. If a claim arises within the scope of the stated indemnity, the City may require
Contractor to furnish a written acceptance of tender of defense and indemnity
from Contractor’s insurance company. Contractor will take the action required
by City within fifteen (15) days of receiving notice from City.
6. RIGHTS AND REMEDIES.
A. The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder shall be in addition to and not a limitation
of any duties, obligations, rights and remedies otherwise imposed or available
by law.
B. No action or failure to act by the City or the Contractor shall constitute a waiver
of any right or duty afforded by any of them under the Contract, nor shall any
Page 270 of 379
such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
7. GOVERNING LAW. The Contract shall be governed by the laws of the State of
Minnesota.
8. INSURANCE. Suppliers shall obtain the following minimum insurance coverage and
maintain it at all times throughout the life of the Contract, with the City included as an
additional named insured on a primary and non-contributory basis by endorsement.
The Supplier shall furnish the City a certificate of insurance satisfactory to the Owner
evidencing the required coverage:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Except as provided below, Contractor must provide Workers’ Compensation
insurance for all its employees and, in case any work is subcontracted,
Contractor will require the subcontractor to provide Workers’ Compensation
insurance in accordance with the statutory requirements of the State of
Minnesota, including Coverage B, Employer’s Liability. Insurance minimum
limits are as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
If Minnesota Statute 176.041 exempts Contractor from Workers’ Compensation
insurance or if the Contractor has no employees in the City, Contractor must
provide a written statement, signed by an authorized representative, indicating
the qualifying exemption that excludes Contractor from the Minnesota
Workers’ Compensation requirements. If during the course of the contract the
Contractor becomes eligible for Workers’ Compensation, the Contractor must
Page 271 of 379
comply with the Workers’ Compensation insurance requirements herein and
provide the City with a certificate of insurance.
Professional/Technical (Errors and Omissions) Liability Insurance
This policy will provide coverage for all claims the contractor may become
legally obligated to pay resulting from any actual or alleged negligent act,
error, or omission related to Contractor’s professional services required under
the contract. Contractor is required to carry the following minimum limits:
$1,000,000 – per claim or event
$2,000,000 – annual aggregate
Any deductible will be the sole responsibility of the Contractor and may not
exceed $50,000 without the written approval of the City. If the Contractor
desires authority from the City to have a deductible in a higher amount, the
Contractor shall so request in writing, specifying the amount of the desired
deductible and providing financial documentation by submitting the most
current audited financial statements so that the City can ascertain the ability of
the Contractor to cover the deductible from its own resources.
The retroactive or prior acts date of such coverage shall not be after the
effective date of this Contract and Contractor shall maintain such insurance for
a period of at least three (3) years, following completion of the work. If such
insurance is discontinued, extended reporting period coverage must be
obtained by Contractor to fulfill this requirement.
An Umbrella or Excess Liability insurance policy may be used to supplement
Contractor’s policy limits on a follow-form basis to satisfy the full policy limits
required by this Contract.
All insurance policies (or riders) required by this Agreement shall be
(i) Taken out by the Contractor and maintained with responsible insurance
companies organized under the laws of one of the states of the United States
and qualified to do business in the State of Minnesota;
(ii) Shall contain a provision that the insurer shall not cancel or revise coverage
thereunder without giving written notice to Contractor as an insured party and
to City as an additional insured at least thirty (30) days before cancellation or
revision becomes effective or ten (10) days’ notice for non-payment of
premium;
(iii) Shall name the City, its employees and agents as additional insureds (CGL and
umbrella only) by endorsement which shall be filed with the City. A copy of
the endorsement must be submitted with the certificate of insurance . ;
Page 272 of 379
(iv) Shall be in accordance with specifications approved by the insurance advisory
for City; and
(v) Shall be evidenced by a Certificate of Insurance listing City as an additional
insured which shall be filed with the City. Certificates of Insurance that do not
meet these requirements will not be accepted.
9. TERM. The term of this Contract shall be from the effective date of the executed
contract to the completion of all work contemplated by the contract or November
29 th, 2024 , unless sooner terminated as hereinafter provided.
10. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree that the
Contractor shall furnish any and all supplies, equipment, and incidentals necessary for
Contractor’s performance of this Contract.
11. TRAFFIC CONTROL. The Contractor shall furnish, install, maintain, and remove all
traffic control devices required to provide safe movement of vehicular, pedestrian, and
bicycle traffic through the Project during the life of the Contract from the start of
Contract operations to the final completion thereof. All traffic control devices shall
conform and be installed in accordance with the “Minnesota Manual on Uniform
Traffic Control Devices” (MN MUTCD) and Part 6, “Field Manual for Temporary Traffic
Control Zone Layouts,” the “Guide to Establishing Speed Limits in Highway Work
Zones,” the Minnesota Flagging Handbook, the provisions of MnDOT 1404 and 1710,
the Minnesota Standard Sign Manual, the Traffic Engineering Manual, and these
special provisions.
12. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right at its sole
discretion to terminate this Contract at will immediately without cause at any time
within the term of this Contract. In the event of such termination, the City shall
provide Contractor written notice of termination and upon receipt of same, Contractor
shall immediately cease and desist Contractor’s provision of services under this
Contract and City shall have no further obligation under this Contract to pay any
further compensation to Contractor except for compensation due and owing for
services prior to Contractor’s receipt of the written notice of termination.
13. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor, while
engaged in carrying out and complying with the terms and conditions of this Contract
and the provision of services thereunder, shall be considered at all times an
independent contractor and not an officer, employee, or agent of the City. City and
Contractor further agree that Contractor shall not at any time or in any manner
represent that Contractor or any of the Contractor’s agents or employees are in any
manner agents or employees of the City. City and Contractor further agree that
Contractor shall be exclusively responsible under this Contract for Contractor’s own
FICA payment, workers compensation payments, unemployment compensation
payments, withholding amounts, and/or self-employment taxes or other taxes if any
such payments, amounts, or taxes are required to be paid by law or regulations.
Page 273 of 379
14. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other
correspondence to be provided by or between the City and the Contractor in
accordance with this Contract shall be hand delivered or mailed by registered or
certified mail to the following address:
CITY:
VENDOR:
15. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this
Contract by Contractor shall not operate or be construed as a waiver of a subsequent
default by the Contractor. No waiver shall be valid unless in writing and signed by the
Mayor and the City Administrator on behalf of the City.
16. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree that the
services to be rendered by the Contractor under this Contract are unique and
personal. Accordingly, the Contractor may not assign or subcontract out any of the
Contractor’s rights or any of the Contractor’s duties or obligations under this Contract.
17. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any
application hereof to any person or circumstances, shall to any extent be invalid or
unenforceable, the remainder of this Contract or the application of such term or
provision to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be effected hereby and each term and provision of this
Contract shall be valid and be enforced to the fullest extent permitted by law.
18. DATA PRACTICES/RECORDS.
A. All data created, collected, received, maintained, or disseminated for any purpose
in the course of this Contract is governed by the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state
rules adopted to implement the act, as well as federal regulations on data privacy.
B. All books, records, documents, and accounting procedures and practices of the
Contractor and its subcontractors, if any, relative to this Contract are subject to
examination by the City.
19. WARRANTY. The Contractor shall be held responsible for any and all defects in
workmanship which may develop in any part of the contracted service, and upon proper
notification by the City shall remedy, without cost to the City, any such faulty work and
damage done by reason of the same in accordance with the proposal specifications.
City of Lakeville
20195 Holyoke Avenue
Lakeville MN 55044
Attn: City Administrator
Friedges Landscaping, Inc.
9380 202nd St W
Lakeville, MN 55044
Page 274 of 379
20. CHANGE ORDERS. Without invalidating the Contract, the City may, at any time or
from time to time, order additions, deletions, or revisions in the Work; these will be
authorized by Change Orders. Upon receipt of a Change Order, the Contractor shall
proceed with the work involved. Changes in the Contract Price shall be based on the
Proposal Prices
21. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement
between the parties and no oral statement or representation or prior written matter
not contained in this instrument shall have any force and effect. This Contract shall
not be modified in any way except by writing executed by both parties.
22. DISCRIMINATION. Contractor agrees to comply with Minnesota Statute 181.59 that
states:
Subsection A. That, in the hiring of common or skilled labor for the performance of
any work under any contract, or any subcontract, no contractor, material Contractor or
vendor, shall, by reason of race, creed, or color, discriminate against the person or
persons who are citizens of the United States or resident aliens who are qualified and
available to perform the work to which the employment relates;
Subsection B. That no contractor, material Contractor, or vendor, shall, in any manner,
discriminate against, or intimidate, or prevent the employment of any person or
persons identified in clause (1) of this section, or on being hired, prevent, or conspire
to prevent the person or persons from the performance of work under any contract on
account of race, creed, or color;
Subsection C. That a violation of this section is a misdemeanor; and
Subsection D. That this contract may be canceled or terminated by the state, county,
city, town, school board, or any other person authorized to grant the contracts for
employment, and all money due, or to become due under the contract, may be
forfeited for a second or any subsequent violation of the terms or conditions of this
contract.
23. BACKGROUND CHECKS. The City may require criminal history background checks of
the Contractor’s employee’s for purposes of access to City facilities. The City reserves
the right to deny access to City facilities to those Contractors or Contractor’s
employees that it deems inappropriate.
Page 275 of 379
CITY OF LAKEVILLE
BY: ___________________________
Luke M. Hellier, Mayor
AND: ___________________________
Ann Orlofsky, City Clerk
FRIEDGES LANDSCAPING, INC.
BY: ___________________________
PRINT NAME: ___________________
ITS: ___________________________
Justin Friedges
Vice Pesident
Page 276 of 379
Supporting Information:
Contractor Name and Quote:
Friedges Landscape, Inc.: $44,985.00
Hoffman and McNamara: $51,796.00
Page 277 of 379
Date: 10/7/2024
Master Agreement with Lakeville Baseball Association for Facility Use and Sponsorships
Proposed Action
Staff recommends adoption of the following motion: Move to approve Master Agreement with
Lakeville Baseball Association (LBA) for Facility Use and Sponsorships.
Overview
The construction of Grand Prairie Park was approved as part of the November 2021 Park Bond
Referendum. A major component of the park includes the construction of a baseball facility.
After reviewing the plans and specifications for the baseball facility, LBA requested
enhancements for an improved facility that would support expanded usage.
LBA agreed to donate $1 million towards the baseball facility upgrades that would not otherwise
be included in the project. The upgrades include items such as integrated covered grandstand,
restrooms and press box, block dugouts with metal roof, double batting cage, PA system and a
single point entry. This donation was approved by City Council on August 7, 2023.
Additionally, LBA has since requested upgrades to the scoreboard, adding a video screen and
the installation of a Batter’s Eye, increasing their donation by $375,000. LBA has sought
sponsorship and other revenue sources to generate funds for these contributions. While
agreements between the City and LBA have been executed prior, the construction of the baseball
facility at Grand Prairie Park has provided an opportunity to enter into a master agreement
between both parties. The master agreement would apply to all aspects of LBA usage of Grand
Prairie, King, Quigley-Sime and Steve Michaud Parks. Provisions have been included for LBA
payments to the City, reservation and usage processes, LBA’s pursuit of sponsorships,
maintenance, concession operations, fees and other miscellaneous items.
Representatives from LBA and city staff have met to discuss the attached agreement and
recognize the mutual benefit of repealing any past agreements and executing an all-
encompassing agreement for LBA’s usage of city park fields and facilities. The agreement was
also reviewed and recommended for approval by the Parks, Recreation and Natural Resources
Committee at their October 2, 2024 meeting.
Supporting Information
1. Lakeville Baseball Agreement
Page 278 of 379
Financial Impact: $375,000 Budgeted: Yes Source: Donations/Fundraising
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Joe Masiarchin, Parks and Recreation Director
Page 279 of 379
1
232434v4
MASTER AGREEMENT
MASTER AGREEMENT (“Agreement”) made this 7th day of October, 2024, by and between
the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), and the
LAKEVILLE BASEBALL ASSOCIATION, INC., a Minnesota non-profit corporation (the
"LBA").
RECITALS
A. The City owns and operates the following parks that include baseball fields (“Fields”)
used by LBA for its programs, including but not limited to:
Grand Prairie Park (GPP)
Quigley-Sime Park (QUI)
King Park (KP)
Steve Michaud Park (STE)
Collectively referred to herein as “Parks.”
B. LBA has previously requested upgrades to certain Fields within the Parks and has
contributed financially to the construction, improvement, maintenance and operations of Fields
within some of the Parks;
C. The parties have entered into prior agreements related to the financial participation of
LBA related to the Parks and agreements related to sponsorship options for LBA to generate
revenues for their financial contributions;
D. The parties desire to repeal prior agreements and enter into this Master Agreement to
provide terms related to LBA’s financial contributions, maintenance responsibilities, sponsorship
and naming rights, and use of the Fields within the Parks.
NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. LBA PAYMENTS.
A. LBA agrees to pay $1,000,000.00 to the City for the installation of certain upgrades to the
Field at Grand Prairie Park identified in Exhibit A (“Upgrades”) payable in $100,000.00 annual
payments paid to the City by November 1st of each year, beginning on November 1, 2025. The
Upgrades would not otherwise be included in the Field improvement at Grand Prairie Park,
B. LBA will also pay $375,000.00 to the City for the additional upgrades at Grand Prairie
Park identified in Exhibit A (“Additional Upgrades”) payable in $37,500.00 annual payments
Page 280 of 379
2
232434v4
paid to the City by November 1st of each year, beginning on November 1, 2025. The Upgrades
would not otherwise be included in the Field improvement at Grand Prairie Park.
2. OWNERSHIP.
A. The Parks, Upgrades, Additional Upgrades and all improvements within the Parks will
remain, at all times, in the sole possession, ownership and control of the City.
B. No interest in real estate is being created by the City on behalf of LBA under the terms of
this Agreement. The City is not transferring control of the Parks, Fields, Upgrades or Additional
Upgrades by entering into this Agreement.
3. FACILITY AND FIELD RESERVATIONS
A. Designated Representative. LBA shall appoint a designated representative to manage
overall scheduling of LBA league games, tournaments and camps (“LBA Events”). The
designated representative will be responsible for submitting a master game/tournament/camp
schedule (“LBA Event Scheduled”) to the City for Field reservations.
B. Reservations. Reservations of Fields by LBA for LBA Events are subject to the
following:
1. LBA reservations will be taken in order of the Group Priority established in the City’s
Policy on use of Fields.
2. Submittal by LBA of field requests does not grant a permit or confirmation to conduct an
LBA Event at a Park Field.
3. All requests for Fields must be submitted by the City’s published deadlines for Field
requests and reviewed by the City for approval. City deadlines for Field requests will be
established annually according to the activity season. These deadlines are sent via email to all
returning field users and published on the City’s website.
4. Field permits issued by the City for LBA Events are not transferable or assignable.
5. LBA must promptly notify Lakeville Park and Recreation staff and receive approval by
the City of any schedule changes or changes in fields, to allow other users to reserve fields not
used by LBA.
6. The City reserves the right to cancel or relocate an LBA event due to poor weather
conditions or adverse property conditions to protect the fields.
Page 281 of 379
3
232434v4
7. A field permit issued by the City does not grant LBA with any property rights to the
Parks including but not limited to any possessory rights or rights to restrict access and use of any
member of the general public on Park property.
8. LBA shall use the Grand Prairie Park field mainly for baseball games. No practices are
to be held without prior approval through the City’s Field reservation process.
9. LBA shall take all reasonable actions to protect the fields from excessive wear caused by
heavy use or extreme weather conditions (drought, heavy rains).
10. LBA will be responsible for any additional services requested or required for their usage
of fields, such as, but not limited to, portable toilets or extra trash cans.
11. In addition to providing player numbers, LBAs shall provide to the City additional
documents that provide a scope of the organization’s health such as: financial/treasury
documents, previous years players numbers, or future plans, upon request by the City.
C. Tournaments. LBA may schedule tournaments for City resident and non-resident teams,
subject to the terms of this Agreement. Tournament requests must be submitted with LBA Event
Schedule by the City deadline for field requests.
1. LBA may host unlimited tournaments during LBA’s baseball season, provided each of
the Parks is allowed one weekend off each month for rest and rehabilitation.
2. Each LBA Tournament may last no more than four consecutive days.
D. LBA Camps. LBA may facilitate camps for LBA on Fields at Parks. Camps may only
be attended by athletes registered to play for LBA. The City reserves the right to request
participant rosters from LBA at its discretion. LBA shall provide resident and non-resident
percentages for LBA Camps upon request by the City, together with any supporting
documentation.
4. FEES.
A. LBA Scheduled Events. Except as otherwise provided under this Section 4, the City
agrees to waive field and rental fees outlined in the Lakeville Parks and Recreation Fee Schedule
for LBA Events during the term of this Agreement.
B. LBA Camps. LBA shall pay fees as provided in the Lakeville Parks and Recreation Fee
Schedule.
C. LBA Youth Athletic Association. The Youth Athletic Association Participation Fee,
which is specified in the Lakeville Parks and Recreation Fee Schedule will not be waived by the
City.
Page 282 of 379
4
232434v4
D. Parking. LBA may not charge parking fees for any LBA scheduled events, except by
separate written agreement with the City which agreement may require a reimbursement to the
City of a portion of the parking fee.
E. LBA Ticketed Events. LBA shall not hold a ticketed event at the Parks, unless the
ticketed event is approved by written agreement with the City which agreement may require a
reimbursement to the City of a portion of the ticket fees.
5. NAMING RIGHTS/SPONSORSHIPS. LBA is granted authorization to pursue the
sale of naming rights and sponsorships within the parks identified below, subject to the following
provisions:
A. Grand Prairie Park. LBA is granted the authority to pursue the sale of naming rights and
sponsorships for the elements within Grand Prairie Park as identified in Exhibit B, not to exceed
10 years from the date of this Agreement, unless otherwise noted in Exhibit B, after which,
without a new Master Agreement between the City and LBA, the naming rights and sponsorships
may be sold by the City and any LBA signage installed may be removed by the City.
B. King Park, Steve Michaud Park and Quigley-Sime Park. LBA is granted the authority to
pursue the sale of sponsorships Program that allows banners to be placed within King Park,
Steve Michaud Park and Quigley-Sime Park. LBA shall enter into sponsorship agreements for
banners with sponsors not to exceed 10 years from the date of this Agreement, after which,
without a new Master Agreement between the City and LBA, the sponsorships may be sold by
the City and any LBA banners installed may be removed by the City.
C. General Requirements.
1. Except as otherwise noted herein, LBA shall be responsible for all costs associated with
naming/sponsorship rights, including signage.
2. All signage, naming rights agreements and sponsorship agreements must comply with
City ordinances and policies concerning signage, including sponsorship signage, and the City
Sponsorship and Advertising Policy for Park Facilities.
3. All naming rights and sponsorship agreements entered into by LBA must comply with
the terms of this Agreement be in a form approved by the City. Copies of all naming and
sponsorship Agreements must be promptly provided to the City upon execution.
4. The City has the right to remove any banner or signage that is not in compliance with the
terms of this Agreement.
Page 283 of 379
5
232434v4
5. LBA, at its sole cost and expense, shall be responsible for naming rights/sponsorship
solicitation, promotion and management of the naming/sponsorship programs provided under
this Agreement, including the following:
a. Placement and removal of the banners from the Parks.
b. Storing banners during the off-season.
c. Maintenance, repair and replacement of all banners placed in the Parks.
d. Promptly repairing any damage to the fences, wind screens or other parts of the Fields
caused by or attributed to the banners.
e. All costs for damage caused within the Parks in connection with the use of the Parks for
banners under the terms of this Agreement.
f. LBA shall provide the City with an annual financial report to account for the revenues
and expenditures of the Naming Rights and Sponsorship program. The report shall be provided
by December 1st of each year.
6. EQUIPMENT PROVIDED BY LBA. LBA will provide equipment at Grand Prairie
Park at LBA’s cost as provided in this Section. All equipment and plans for installation must be
approved by the City Parks Director.
A. Concessions Building: Stand-alone shelving and replacement, as necessary, of
refrigerators and freezers purchased by the City.
B. Bullpen: All items required to complete bullpens after construction including but not
limited to: netting system and frame, home plate, pitching rubber, mound creation or portable
pitching mound, artificial turf flooring or mats. Bullpen will be constructed with fencing, gates
and ag-lime only.
C. Batting Cages: All items required to complete batting cages after construction including
but not limited to: netting system and frame, home plate, pitching machine, artificial turf
flooring or mats. Batting cages will be constructed with fencing, gates and ag-lime only.
D. Dugout: Stand-alone shelving.
E. Additional Equipment. Any and all additional equipment required for play such as but
not limited to: L-Screens, baseballs, chalking machine, line marking chalk.
F. Ownership and Maintenance. LBA shall own and properly maintain the equipment
identified in Paragraph 6 in good condition during the term of this Agreement.
Page 284 of 379
6
232434v4
7. FIELD MAINTENANCE.
A. Pre-Game Maintenance. LBA shall be responsible for pre-game set up for all LBA
Events, which shall include the following: setting of bases, chalking field lines in the infield,
completing a field safety inspection of the entire field: turf condition, field moisture (too wet to
play), infield dirt condition, infield/outfield transition inspection, base paths, dugouts, fencing,
safety netting, warning tracks and transition to grass, pitching mound, home plate.
B. Post-Game Maintenance for All Fields. LBA shall be responsible for all post-game
maintenance for all LBA events, as follows:
1. remove and store bases;
2. tarp pitching mound;
3. remove trash and debris from dugouts, bullpens, batting cages and stands and place in
appropriate containers.
C. Maintenance at All Fields, Excluding Grand Prairie Park. LBA shall be responsible for
the following maintenance for all fields for LBA Events, excluding Grand Prairie Park:
1. fill and repair surface impacts from play at home plate and pitching mound;
2. rake grass edge into infield a minimum of 1 foot;
3. level any holes or high spots;
4. rake pitching mound key leveling any holes or high spots.
D. Maintenance at Grand Prairie Park.
1. Tarp home plate
2. Unless otherwise approved by the City, LBA shall not perform infield maintenance other
than what is needed to complete the game(s) scheduled for that day.
3. The City shall be responsible for managing the infield surface, pitching mound and home
plate areas.
E. Maintenance Standards. All Field maintenance done by LBA must be done in
coordination with the City of Lakeville Parks Superintendent or Supervisor to maintain City field
maintenance standards.
F. Damage to Fields.
1. LBA shall not be responsible for damage to Fields or facilities within the Parks that may
occur from normal wear and tear.
Page 285 of 379
7
232434v4
2. Damage to Fields or facilities within the Parks that occurs as a result of intentional or
negligent treatment during use or maintenance by LBA, its officers, employees, members,
agents, volunteers, participants, or invitees may be subject to the following, as determined by the
City Park Director:
a. LBA required attendance at a maintenance/best practices meeting for field/facility
prior to further use by LBA of the Field or facility within the Parks.
b. Reduction in allowed LBA reservations for a Field or facility within the Parks.
c. Reimbursement for damages prior to future use by LBA of the Parks.
d. Cancellation of LBA remaining Field reservations within the Parks.
8. CONCESSIONS/LIQUOR.
A. Authorization.
1. LBA is authorized to run and maintain the concessions facilities at the Grand Prairie Park
Grandstand, King, Steve Michaud and Quigley-Sime Parks (“Concessions Facilities”) for LBA
Events and for third party scheduled events during the time period of the scheduled event.
2. Other renters may run concessions with the understanding that they will not have access
to the Concessions Facilities.
3. LBA is authorized to sell malt beverages and wine at the Concessions Facilities during
scheduled events. Prior to any sale of alcohol, LBA must obtain the appropriate liquor license
for sale of alcohol at the Concessions Facilities.
B. Use of Concessions Facilities. Unless specifically agreed to in writing by the City, LBA
shall use the Concession Facilities only for the purpose of preparing, storing, and selling to the
public food, beverages and merchandise; and engaging in such other activities incidental thereto.
LBA shall not use or occupy the Concession Facilities or knowingly permit the Concession
Facilities to be used or occupied: (i) contrary to any statute, rule, order, ordinance, requirement
or regulation applicable thereto; (ii) in any manner which would cause structural injury to the
improvements, cause the value or usefulness of the Concession Facilities or any part thereof
substantially to diminish (reasonable wear and tear excepted); (iii) which would adversely affect
the City’s activities on property owned by the City adjacent to the Concession Facilities; or (iv)
which would constitute a public or private nuisance or waste. LBA shall promptly upon
discovery of any such prohibited use take all necessary steps to compel the discontinuance of
such use and shall immediately notify the City of such use.
Page 286 of 379
8
232434v4
C. Hours. Any time limit to sales or is reference to sales during the time period for the event
sufficient.
D. LBA Obligations.
1. LBA shall obtain any necessary permits or licenses for sale of food and beverage
products and merchandise at the Concessions Facilities and shall maintain such permits and
licenses in good standing during the term that LBA is authorized to operate the Concessions
Facility.
2. LBA shall be solely responsible for security of the Concessions Facilities, including the
inventory and any loss, damage or destruction.
3. LBA shall comply with all procedures and policies set by the City pertaining to the
Concessions Facilities.
4. LBA shall not sell tobacco or products containing THC at the Concessions Facilities.
5. LBA shall not serve food or beverages in glass containers.
6. LBA shall not sell any beverages contrary to a City beverage policy or any contract
maintained by the City. In order to minimize conflicts regarding food, beverage and merchandise
issues, LBA agrees to meet with City representatives prior to preparing the annual product list
and periodically thereafter.
7. LBA shall not provide food, beverages or merchandise to City employees at a discount or
without charge.
8. LBA shall not store, keep, dispose of, transport or generate at the Concession Facilities
any hazardous substances or other dangerous materials.
9. LBA shall not make any alterations to the Concessions Facilities or the surrounding areas
without the prior written approval of the City.
10. LBA shall not erect, install or maintain any signs, advertising media, product logo
displays or other signs in connection with its use of the Concessions Facilities, except as
authorized under this Agreement or by prior written approval of the City.
11. Designated Representative. LBA shall appoint a designated representative to manage
LBA use of Concessions Facilities and act as the City’s primary contact for use of Concessions
Facilities.
12. Repair, maintenance, cleaning of the Concessions Facilities.
Page 287 of 379
9
232434v4
a. Keep the Concessions Facilities in good order and condition.
b. Keep the Concessions Facilities and the surrounding areas reasonably free from trash and
rubbish.
c. LBA shall reimburse the City for any cleaning costs incurred by the City as a result of
LBA’s failure to comply with the cleaning obligations.
E. Ownership and Maintenance. All equipment and property owned by LBA shall remain
the property of LBA. LBA shall be solely responsible for maintaining and cleaning of its
property.
F. Assumption of Risks. LBA assumes all risk of loss or damage of LBA’s property
within the Concession Facilities, including any loss or damage caused by water leakage, fire,
windstorm, explosion, theft, vandalism or other cause. The City shall not be liable to LBA or
those claiming through LBA, for injury, death or property damage occurring on, in, or about the
Concessions Facilities, except as may be caused by the willful misconduct or negligence of the
City. Nothing herein shall be deemed to be a waiver of any limits of liability granted the City
under statutory or common laws.
G. Discrimination. LBA will not discriminate against any party seeking to retain LBA’s
services based on race, color, creed, religion, ancestry, gender, national origin, affectional
preference, disability, age, marital status, status with regard to public assistance, or status as a
disabled veteran. LBA will include similar nondiscrimination provisions in all subcontracts into
which it enters for performance of its obligations hereunder.
H. Insurance. LBA shall obtain and keep in force during the term of this Agreement the
insurance required by the City for rental of the Concessions Facilities and the serving of liquor at
the Concessions Facilities.
I. Termination. Either party may terminate this Section 8 of the Agreement upon 30 days’
notice to the other party. The City may terminate this Section 8 or any portion thereof
immediately upon a breach by LBA under Section 8.
J. LBA’s Obligations Upon Termination. Upon termination of this Section 8 LBA will
immediately cease all sales of food, beverage and merchandise at the Concessions Facilities and
promptly remove all LBA property from the Concessions Facilities. Any LBA property that is
not removed from the Concessions Facilities within 30 days shall be deemed abandoned by the
City and the City may remove LBA property from the Concessions Facilities.
K. Food Trucks and Other Providers. The rights to serve food and beverages at the Parks is
not exclusive to LBA. Food trucks are allowed in designated areas, with prior approval of the
Lakeville Parks and Recreation Department.
9. VEHICLES/PARKING
Page 288 of 379
10
232434v4
A. Unless expressly provided in a permit, all motorized vehicles, including Golf carts,
UTV’s and other recreational vehicles are prohibited within the Parks, including park trails and
parkways designated for public transportation. This prohibition shall not apply to the use of
motorized wheelchairs and scooters by handicapped individuals.
B. Any vehicle pass that has been provided to LBA must be clearly displayed on the
dashboard of each vehicle in the designated area. Any vehicles not properly displaying the
appropriate vehicle pass are prohibited any may result in the issuance of a warning and/or
citation and/or towed from City property.
10. DECOMMISSIONING. The Parks or any improvements contained within the Parks,
including the Upgrades or Additional Upgrades may be decommissioned based on the City’s
determination that the Upgrades or Additional Upgrades have reached the end of their useful life
or required repairs become financially burdensome to the City or the City determines that a Park
is needed for another public use. If the Upgrades at Grand Prairie Park are decommissioned
prior to LBA’s final payment of provided under Section 1, no further payments will be made by
LBA.
11. MISCELLANEOUS.
A. LBA must have all users of equipment in the Grand Prairie Park press box, including but
not limited to the sound, system, video screen and scoreboard, trained by the City or designated
LBA members in the use of the equipment prior to use.
B. Access to the Parks and the facilities located within the Parks access may only be
provided by the Lakeville Parks and Recreation Department. LBA may not allow others to use
LBA access to the Parks and the facilities located within the Parks.
C. LBA’s use of the Parks is limited to the hours that the Parks are opened as designated by
the City.
D. LBA shall obtain and keep in force during the term of this Agreement the insurance
required by the City for rental of the Parks and Fields.
12. 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 delivered by mail, and addressed to the
address of the intended recipients at the following addresses:
Page 289 of 379
11
232434v4
TO CITY: City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Attn: City Administrator
TO LBA: Lakeville Baseball Association, Inc.
_____________________
_____________________
Attn:_________________
Either party may change its address by giving notice in writing stating its new address to the
other party.
13. COMPLIANCE WITH LAWS. LBA shall comply with all federal, state and local laws
and City policies in connection with its use of the Parks as provided under this Agreement.
14. INDEMNIFICATION. LBA shall defend, indemnify and hold harmless the City, its
employees, agents, contractors and invitees against all claims, demands, causes of action, fines
penalties, damages (including consequential damages), losses, liabilities, judgments, and all
related costs and expenses (including reasonable attorneys' fees) for injury, death, disability or
illness of any person, or damage to property, occurring on or about the Parks, arising from
LBA’s operations on City property, or any acts, omissions, or negligence of LBA or LBA’s
officers, agents, members, employees, volunteers, invitees, or visitors. Notwithstanding the
foregoing, LBA shall not be obligated to indemnify the City for claims, demands and actions
arising out of or caused by the negligence or willful misconduct of City employees or agents.
15. ASSIGNABILITY. The rights and obligations of LBA under this Agreement shall not
be assignable or transferable
16. AUDITS. Under Minnesota Statutes § 16C.05, subdivision 5, LBA’s books, records,
documents, and accounting procedures and practices relevant to this Agreement are subject to
examination by the City and the State Auditor or Legislative Auditor, as appropriate, for a
minimum of six years from the end of this Agreement.
17. GOVERNMENT DATA PRACTICES. LBA must comply with the Minnesota
Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided
under this Agreement, and as it applies to all data created, collected, received, stored, used,
maintained, or disseminated under this Agreement. The civil remedies of Minnesota Statutes
§13.08 apply to the release of the data referred to in this clause by either LBA or the City.
Page 290 of 379
12
232434v4
18. MODIFICATIONS/AMENDMENTS. Any alterations, variations, modifications,
amendments or waivers of the provisions of this Agreement shall only be valid when they have
been reduced to writing, approved by the City and LBA.
19. WAIVER. The waiver by either party of any breach or failure to comply with any
provision of this Agreement by the other party shall not be construed as, or constitute a
continuing waiver of such provision or a waiver of any other breach of or failure to comply with
any other provision of this Agreement.
20. GOVERNING LAW. This Agreement shall be construed in accordance with governed
by the laws of the State of Minnesota.
21. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
document.
22. TERM; TERMINATION.
A. Except as otherwise provided in this Agreement, this Agreement shall terminate on
November __, 203_, unless otherwise extended or amended by the parties.
B. This Agreement may be terminated by either party in the event of a material breach by
the other party upon 30 days’ notice to the other party.
23. ENTIRE AGREEMENT. This Agreement, and any documents referenced or
incorporated herein, represent the entire integrated agreement between LBA and the City and
supersedes all prior negotiations, representations, or agreements, either written or oral.
[Remainder of page intentionally left blank]
[Signature pages to follow]
Page 291 of 379
13
232434v4
THIS AGREEMENT executed by the parties hereto the day and year first above
written.
CITY OF LAKEVILLE
BY: ______________________________
Luke M. Hellier, Mayor
AND _____________________________
Ann Orlofsky, City Clerk
Page 292 of 379
14
232434v4
LAKEVILLE BASEBALL
ASSOCIATION, INC.
By: _______________________________
Name:_____________________________
Its:__ _____________________________
Page 293 of 379
15
232434v4
EXHIBIT A
GRAND PRAIRIE PARK UPGRADES
Upgrades:
• Grandstand with restroom, concessions, storage and press box
• Block dugouts with protective fence
• Single entrance controlled for ticketed events
Additional Upgrades:
• Scoreboard & video board
• Batter's Eye
Page 294 of 379
16
232434v4
EXHIBIT B
GRAND PRAIRIE PARK NAMING AND SPONSORSHIP ELEMENTS
1. Grandstand Naming Rights
a. City will pay up to $5,000 for the ID Sign and Grandstand Sign
2. Beer Garden Naming Rights
3. Concessions Stand Naming Rights
4. Left Field Observation Deck Naming Rights
5. Right Field Observation Deck Naming Rights
6. Scoreboard Naming Rights
7. Left Field Dugout Sponsor
8. Right Field Dugout Sponsor
9. Field (Grounds Crew) Naming Rights
10. Batting Cage #1 Sponsor
11. Batting Cage #2 Sponsor
12. Press Box Sponsor
13. Warmup Mound #1
14. Warmup Mound #2
15. Batters Eye
16. Stadium Seats – sponsorships limited to 5 years
17. Wall of Fame
Page 295 of 379
Date: 10/7/2024
Public Hearing for the Proposed 2025-2029 Capital Improvement Plan and Street
Reconstruction Plan and the Intent to Issue General Obligation Street Reconstruction
Bonds and General Obligation Capital Improvement Bonds
Proposed Action
Staff recommends adoption of the following motions:
1. Move to approve the Resolution Adopting the 5-Year Capital Improvement Plan (2025-
2029) and Approving the Issuance of General Obligation Capital Improvement Bonds;
2. Move to approve the Resolution Adopting the 5-Year Street Reconstruction Plan (2025-
2029) and Approving the Issuance of General Obligation Street Reconstruction Bonds;
3. Move to approve the Resolution Declaring the Official Intent of the City of Lakeville to
Reimburse Certain Expenditures from the Proceeds of Bonds to be Issued by the City.
Overview
Conduct a public hearing for the proposed 2025-2029 Capital Improvement Plan (CIP) and
Street Reconstruction Plan and the intent to issue general obligation street reconstruction bonds
and general obligation capital improvement bonds.
Approval of these motions will result in adoption of the 2025-2029 CIP and Street
Reconstruction Plan and provide the City the flexibility to issue bonds for the projects listed in
the resolution. Approval of the Street Reconstruction Plan requires a 2/3 vote of the council
members present.
The Capital Improvement Plan (CIP) for 2025-2029 provides the financial framework for our
community’s infrastructure improvements for the next five years. The CIP was discussed at the
August 26, 2024 work session. There have been no changes to the CIP document since the
August work session.
The Planning Commission reviewed the CIP at their September 19, 2024 meeting. A motion
was passed recommending adoption of the CIP by the City Council and finding that the capital
improvements identified in the 2025-2029 CIP were consistent with the Comprehensive Plan. A
copy of the Planning Commission meeting minutes is attached to this report.
The Internal Revenue Service has issued Treasury Reg. 1.150-2 which provides that proceeds of
tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain
requirements are met. To meet these requirements, the City should annually declare its intent to
Page 296 of 379
bond for certain projects. The resolution includes projects that may use bonds as a funding
source. An estimate for bonding for water facility and infrastructure improvements and
equipment acquisition is included in the resolution. Approval of the declaration of intent to
bond resolution does not approve the sale of bonds or the projects. This declaration does not
obligate the City to issue bonds for the projects either.
As staff proceeds with the 2025 projects, the actual numbers may vary from what was included
in the CIP document. The CIP document reflects the best estimate of the project costs at the time
of preparation. In addition, some changes in scope may occur. For purposes of transparency,
these changes will be communicated with the City Council prior to feasibility reports being
accepted and contracts awarded.
Supporting Information
1. Resolution Capital Improvement Plan 2025-2029
2. Resolution Street Reconstruction Plan 2025-2029
3. Resolution Declaration of Intent to Bond
4. DRAFT Planning Comm Minutes 09-19-24
5. Attachment-CIP 2025-2029
Financial Impact: $317 Million Budgeted: Yes Source: Various
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Julie Stahl, Finance Director
Page 297 of 379
CITY OF LAKEVILLE
RESOLUTION NO. ____
Resolution Adopting the 5-Year Capital Improvement Plan (2025-2029) and
Approving the Issuance of General Obligation Capital Improvement Bonds
WHEREAS, The purpose of the Capital Improvement Plan (CIP) is to protect the infrastructure and
capital assets of the City of Lakeville by establishing a replacement plan for existing infrastructure
and capital assets and by identifying those improvements necessary to accommodate the growth of
the community; and
WHEREAS, The CIP is a flexible planning document that attempts to balance the financial resources
of the City with its needs; and
WHEREAS, The CIP covers a five-year period of 2025-2029; sets forth the estimated schedule,
timing, and details of specific capital improvements by year, together with the estimated costs, the
need for the improvements, and sources of revenue to pay for the improvements; and
WHEREAS, On September 19, 2024, the Lakeville Planning Commission reviewed the CIP and
passed a motion recommending adoption of the CIP by the City Council and finding that the capital
improvements identified in the 2025-2029 CIP were consistent with the Comprehensive Plan; and
WHEREAS, During the course of the preparation and review of the Capital Improvement Plan, the
Council has considered, for each capital improvement: the condition of the City’s existing
infrastructure, including the projected need for repair or replacement; the likely demand for the
improvements; the estimated cost of the improvements; the available public resources; the relative
benefits and costs of alternative uses of the funds; operating costs of the proposed improvements; and
WHEREAS, On October 7, 2024, the Lakeville City Council conducted a Public Hearing on the
2025-2029 CIP and offered opportunity for public testimony on the capital spending priorities of the
City Council.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville Minnesota
as follows:
1. The recitals set forth above are incorporated herein.
2. The 2025-2029 Capital Improvement Plan is hereby adopted.
3. AUTHORIZATION OF BONDS. The City hereby gives preliminary approval to the
issuance of bonds in the approximate principal amount of $112.51 million, the proceeds of
which will be used, together with additional funds of the City to finance costs of various
Capital Improvement Plan Projects and to pay costs of issuance of the Bonds. The City
staff is hereby authorized, in consultation with the City's financial advisor and legal
counsel, to take all necessary action to call for the sale of the Bonds and to present
proposals to this Council for approval at a subsequent meeting.
4. VOTER REFERENDUM CONTINGENCY. Pursuant to State Statute 475.521, if a
petition requesting a vote on the question of issuing the Capital Improvement Bonds,
Page 298 of 379
signed by voters equal to five percent of the votes cast in the last municipal general
election, is filed within thirty days of the public hearing, the City may issue the Capital
Improvement Bonds only after obtaining the approval of a majority of the voters voting on
the question of the issuance of the Capital Improvement Bonds. The authorizations and
approvals contained herein are subject to and contingent upon not receiving such a
petition, or, in the event such a petition is filed, the approving vote of a majority of the
voters voting on the question of the issuance of the Capital Improvement Bonds.
ADOPTED by the Lakeville City Council this 7th day of October 2024.
______________________________
Luke M. Hellier, Mayor
_________________________________
Ann Orlofsky, City Clerk
VOTE Hellier Bermel Lee Volk Wolter
Aye ☐☐☐☐☐
Nay ☐☐☐☐☐
Abstain ☐☐☐☐☐
Absent ☐☐☐☐☐
Page 299 of 379
CITY OF LAKEVILLE
RESOLUTION NO. ____
Resolution Adopting a 5-Year Street Reconstruction Plan (2025-2029) and Approving the
Issuance of General Obligation Street Reconstruction Bonds
WHEREAS, pursuant to Minnesota Statutes, Section 475.58, subd. 3b (the "Street
Reconstruction Act"), the City has prepared a 2025-2029 street reconstruction plan dated
October 7, 2024 (the "Street Reconstruction Plan") which sets forth various street reconstruction
plan projects to be undertaken in the City within the next five years (the "Street Reconstruction
Plan Projects"). The Street Reconstruction Plan recommends the issuance of general obligation
street reconstruction bonds under the Street Reconstruction Act in the approximate principal
amount of $28.350 million (the "Street Reconstruction Bonds") to finance a portion of the costs
of the Street Reconstruction Plan Projects; and
WHEREAS, pursuant to the Street Reconstruction Act, the City is authorized to issue and sell
obligations for street reconstruction under the circumstances and within the limitations set forth
in the Street Reconstruction Act. The Street Reconstruction Act provides that a street
reconstruction plan may be financed with bonds issued by the City, following a public hearing
and the adoption of such plan, and other proceedings conducted in accordance with the
requirements of the Street Reconstruction Act; and
WHEREAS, on October 7, 2024 the City Council held a public hearing on the adoption of the
Street Reconstruction Plan and the issuance of the Bonds after publication of the notice of public
hearing for the Street Reconstruction Plan not less than 10 days nor more than 28 days prior to
the date thereof in the City's official newspaper; and
WHEREAS, all parties who appeared at the hearing were given an opportunity to express their
views with respect to the proposal to adopt the Street Reconstruction Plan and to undertake and
finance a portion of the Street Reconstruction Plan Projects with Street Reconstruction Bonds
and any written comments submitted prior to the hearing were considered.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville
Minnesota as follows:
1. CITY POLICIES AND GOALS. The financing of the Street Reconstruction Plan
Projects and the issuance of the Street Reconstruction Bonds will further the policies and goals
of the City as set forth in the Street Reconstruction Plan.
2. ADOPTION OF STREET RECONSTRUCTION PLAN. Based on information
received at the public hearing, such written comments (if any) and such other facts and
circumstances as the City Council deems relevant, it is hereby found, determined and declared
that:
(a) the Street Reconstruction Plan Projects proposed in the Street Reconstruction Plan
will allow the City to construct and finance various street reconstruction projects;
Page 300 of 379
(b) the Street Reconstruction Plan is hereby approved and adopted in the forms
presently on file with the City.
3. AUTHORIZATION OF BONDS. The City hereby gives preliminary approval to
the issuance of the Bonds, the proceeds of which will be used, together with additional funds of
the City to finance costs of various Street Reconstruction Plan Projects and to pay costs of
issuance of the Bonds. The City staff is hereby authorized, in consultation with the City's
financial advisor and legal counsel, to take all necessary action to call for the sale of the Bonds
and to present proposals to this Council for approval at a subsequent meeting.
4. VOTER REFERENDUM CONTINGENCY. Pursuant to the Street
Reconstruction Act, if a petition requesting a vote on the question of issuing the Street
Reconstruction Bonds, signed by voters equal to five percent of the votes cast in the last
municipal general election, is filed within thirty days of the public hearing, the City may issue
the Street Reconstruction Bonds only after obtaining the approval of a majority of the voters
voting on the question of the issuance of the Street Reconstruction Bonds. The authorizations
and approvals contained herein are subject to and contingent upon not receiving such a petition,
or, in the event such a petition is filed, the approving vote of a majority of the voters voting on
the question of the issuance of the Street Reconstruction Bonds.
ADOPTED by the Lakeville City Council this 7th day of October 2024.
CITY OF LAKEVILLE
______________________________
Luke M. Hellier, Mayor
_________________________________
Ann Orlofsky, City Clerk
VOTE Hellier Bermel Lee Volk Wolter
Aye ☐☐☐☐☐
Nay ☐☐☐☐☐
Abstain ☐☐☐☐☐
Absent ☐☐☐☐☐
Page 301 of 379
CITY OF LAKEVILLE
RESOLUTION NO. ____
Resolution Declaring the Official Intent of the City of Lakeville to Reimburse Certain
Expenditures from Bond Proceeds
WHEREAS, the Internal Revenue Service has issued Treasury Reg. 1.150-2 (the “Reimbursement
Regulations”) providing that proceeds of tax-exempt bonds used to reimburse prior expenditures
will not be deemed spent unless certain requirements are met; and
WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from
sources other than bonds, and later reimbursed from the proceeds of tax-exempt bonds; and
WHEREAS, the City has determined to make this declaration of official intent (“Declaration”) to
reimburse certain costs from proceeds of bonds in accordance with the Reimbursement
regulations; and
WHEREAS, the total estimated general obligation bonds for 2025 is $22.62 Million.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville,
Minnesota as follows:
1. The recitals set forth above are incorporated herein.
2. The City proposes to undertake the projects (the “Projects”) in the table below, and the City
reasonably expects to reimburse the expenditures made for certain costs of the Projects from
the proceeds of bonds in an estimated maximum principal amount of the following:
The projects listed above include only the projects where some bond funding is anticipated in
2025. The amount in the ‘Total estimated bonds in 2025’ column is the anticipated
reimbursement amount from 2025 bonds. The total project cost may be higher and may include
both project costs funded from sources other than bonds, and/or costs funded by bonds in a
year earlier or later than the year shown above.
The City may declare other separate statements of reimbursement intent in connection with
specific public improvements projects as they are initiated under Minnesota Statutes, Chapters
429 and 444, or for other capital projects, with the understanding that such additional
declarations of reimbursement intent will supplement this resolution. All reimbursed
Pr oj ect D escr i pti on Total esti mated
bonds i n 2025
25-02: 2025 Str eet Reconstr uction 4,145,000$
25-03: Collector Roadway Rehabilit iation 683,245
25-12 FiRST Cent er 17,792,608
TOTAL 22,620,853$
Page 302 of 379
expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures
eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations.
3. This Declaration has been made no later than 60 days after payment of any original expenditure
to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for
the following expenditures: a) costs of issuance of bonds; b) costs in an amount not in excess
of the lesser of $100,000 or five percent of the proceeds of an issue; or c) “preliminary
expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the
issue or issues that are reasonably expected by the City to finance the project for which the
preliminary expenditures were incurred. The term “preliminary expenditures” includes
architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior
to commencement of acquisition, construction or rehabilitation of a project, other than land
acquisition, site preparation, and similar costs incident to commencement of construction.
4. This Declaration is an expression of the reasonable expectations of the City based on the facts
and circumstances known to the City as the date hereof. The anticipated original expenditures
for the Projects and the principal amount of the bonds described in paragraph 3 are consistent
with the City’s budgetary and financial circumstances. No sources other than proceeds of
bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a
long-term basis, or otherwise set aside pursuant to the City’s budget or financial policies to
pay such Project expenditures.
5. This Declaration is intended to constitute a declaration of the official intent for the purposes of
the Reimbursement Regulations.
APPROVED this 7th day of October 2024
CITY OF LAKEVILLE
By:______________________________
Luke M. Hellier, Mayor
ATTEST:
_________________________________
Ann Orlofsky, City Clerk
VOTE Hellier Bermel Lee Volk Wolter
Aye ☐☐☐☐☐
Nay ☐☐☐☐☐
Abstain ☐☐☐☐☐
Absent ☐☐☐☐☐
Page 303 of 379
CITY OF LAKEVILLE.
PLANNING COMMISSION MEETING MINUTES
September 19, 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, Amanda Tinsley, Jason Swenson,
Alternate Mark Traffas, Patty Zuzek, Ex-Officio Jeff Hanson.
Members Absent: Chair Jenna Majorowicz, Patrick Kaluza
Staff Present: Kris Jenson, Planning Manager; Zach Johnson, City Engineer; Tina Morrow,
Recording Secretary
3. Approval of the Meeting Minutes
The September 5, 2024 Planning Commission meeting minutes were approved as presented.
4. Announcements
None
5. City of Lakeville
City Engineer Zach Johnson presented the 2025-2029 Capital Improvement Plan (CIP). He
reviewed the objectives of the CIP and indicated that the CIP’s components include future
transportation, parks and recreation, utilities, facilities, environmental resources, equipment
and technology for the years 2025-2029. The project descriptions, locations, revenues and
expenditures are included in the CIP.
Mr. Johnson reviewed the CIP map and explained the reconstruction projects and the specific
year that project will be completed. He highlighted several road construction, parks and
recreation, and utility projects that will be completed in the next five years.
Mr. Johnson stated that staff has reviewed the 2025-2029 CIP and finds it to be consistent with
the 2040 Comprehensive Plan and therefore recommends approval as presented.
Vice Chair Zimmer asked for comments from the Planning Commission. Discussion points
included:
Page 304 of 379
Planning Commission Meeting Minutes, September 19, 2024 Page 2
• The cost of the revised CIP each year. Mr. Johnson indicted the CIP is a level of estimate
that is not included in the annual budget.
• Commissioner Swenson indicated that he will be abstaining from this discussion and
vote due to potential conflicts of interest given his employment with the Minnesota
Department of Transportation and the upcoming I-35/Kenwood Trail (CSAH 50/5)
project.
Motion was made by Einck, seconded by Zuzek to recommend to the City Council the 2025-
2029 Capital Improvement Plan as presented, finding that it is consistent with the City’s 2040
Comprehensive Plan.
Ayes: Zuzek, Traffas, Tinsley, Zimmer, Einck
Nays: Swenson – abstained
6. Cedar Hill North
Vice Chair Zimmer opened the public hearing to consider the application of US Home, LLC
(Lennar) for the following: 1. Comprehensive Plan amendment to re-guide property from
Low/Medium Density Residential to Low Density Residential, from Low/Medium Density
Residential to Medium/High Density Residential, and from Medium/High Density Residential
to Low Density Residential and 2. Zoning Map amendment to rezone property from RM-3,
Medium Density Residential District to RST-2-, Single- and Two-Family Residential District
and to rezone property from RST-2-, Single- and Two-Family Residential District to RM-3,
Medium Density Residential District to consider attached and detached townhomes in a
subdivision to be known as Cedar Hills North.
Steve Troskey from Lennar presented a brief overview of the request.
Planning Manager Kris Jenson presented the planning report. Ms. Jenson stated that the
applicant has applied for comprehensive plan and zoning map amendments in conjunction
with the development of a residential subdivision to be known as Cedar Hills North.
She stated the subject site involves seven properties that are located north of 200th Street (CR
64), between Cedar Avenue (CSAH 23) and the municipal boundary with the City of
Farmington. A homesite abutting 200th Street is not a part of the proposed Cedar Hills North
development and therefore not included in the request for a comprehensive plan amendment
and rezoning. The requests are to facilitate the development of approximately 74 acres for the
proposed construction of 89 single family lots and 144 attached townhome lots.
The comprehensive plan amendment includes requiding a portion of the site from
Low/Medium Density Residential to Medium/High Density Residential, a portion of the site
Page 305 of 379
Planning Commission Meeting Minutes, September 19, 2024 Page 3
from Medium/High Density Residential to Low Density Residential, and the remainder of the
Low/Medium Density Residential area to Low Density Residential.
The zoning map amendments include rezoning from RM-3, Medium Density Residential to
RST-2, Single and Two-Family Residential District and from RST-2, Single and Two-Family
Residential District to RM-3, Medium Density Residential District.
Community Development Department staff recommends approval of the Cedar Hill North
comprehensive plan amendment and zoning map amendment, and approval of the Findings
of Fact dated September 19, 2024.
Vice Chair Zimmer opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Einck, seconded by Zuzek to close the public hearing at 6:25 p.m.
Voice vote was taken on the motion.
Ayes – unanimous
Vice Chair Zimmer asked for comments from the Planning Commission. Discussion points
included:
• Will the ghost plat presented on Exhibit D of the 09-10-24 planning report stay
consistent with the land around it?
• Commissioner Swenson is in favor of the comprehensive plan as presented.
Motion was made by Swenson, seconded by Zuzek to recommend to City Council approval
of the Cedar Hills North comprehensive plan amendment and zoning map amendment, and
approval of the Findings of Fact dated September 19, 2024:
Ayes: Zuzek, Traffas, Tinsley, Zimmer, Einck, Swenson
Nays: 0
There being no further business, the meeting was adjourned at 6:35 p.m.
Respectfully submitted,
Tina Morrow, Recording Secretary
Page 306 of 379
Page 307 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 2
Table of Contents
2025-2029 Capital Improvement Plan
Page
Introduction 3-7
Debt Analysis & Tax Impact
Narrative
7-14
14-29
Projects & Funding Sources by Category 30-37
Projects by Funding Source 38-43
Street Reconstruction Plan (2025-2029) 44
Facility Plan (2025-2034) 45
Equipment Plan (2025-2034) 46
Technology Plan (2025-2034) 47
City Planning/Studies/Project chart 48
Map of Major Projects
49
Page 308 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 3
Introduction
The Capital Improvement Plan provides a long-range framework to meet the infrastructure needs
and development objectives of our community. It provides policy makers and the community with
a strategic (documented) approach to implementation and administration of improvement
projects and equipment acquisitions.
The Plan identifies the allocation of the City’s financial resources and maximizes the use of non-
tax revenues to finance the improvements. Municipal State Aid Street Funds (MSA), connection
charges, special assessments and other revenue sources are vital elements to financing City
improvements. The use of these revenue sources reduces the reliance on property taxes to finance
these improvements.
The City should pursue the financing strategy as presented, but future events may require changes
in both costs and revenues. The Capital Improvement Plan represents a significant financial,
engineering and development undertaking for the City in the years ahead. The Capital
Improvement Plan is consistent with the City’s Comprehensive Plan and takes into consideration
projects identified in the Dakota County Capital Improvement Plan.
Categories
Transportation includes all roads, streets, street lights, bridges and traffic signals within the City
with the exception of Interstate I-35 and routine maintenance of County roads. Major funding
sources include Municipal State Aid Street funds, special assessments and property taxes.
Utility infrastructure includes the construction and major maintenance of all water systems such
as wells, towers and the water treatment facility. Utilities also include sanitary sewer and storm
sewer systems. The primary source of financing for developing new systems is connection charges
when property develops or with the issuance of a building permit. Maintenance projects are
financed with user fees. The Water Treatment Plant expansion in 2027 is planned to include a
combination of bond funding (principal and interest payments to be repaid with user fees), and
fund balance/net assets in the Water Trunk Fund and Water Operating Fund, respectively.
Environmental Resources system includes lakes, wetlands, streams, prairies and woodlands.
Maintenance project are financed with user fees.
Parks system includes regional, community and neighborhood parks as well as trails and
recreation facilities such as the Arts Center and Heritage Center. Major resources include park
dedication fees collected when property develops, and grants. Maintenance projects are financed
with property taxes and other revenue sources. A parks bond referendum was approved in the fall
of 2021 and related projects are being constructed between 2022-2026.
Facilities include the city hall, police station, fire stations, central maintenance facility and other
municipal buildings including the FiRST Center. Primary revenue sources include, but not limited
Page 309 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 4
to, property taxes, General Fund, Water Fund, and planned bond proceeds in several years (for the
FiRST Center, Fire station renovations, CMF expansion, and Water Treatment plant expansion).
Equipment includes all major equipment acquisitions and replacement. Primary revenue sources
include, but not limited to, Liquor Fund contributions, General Fund, Utility Funds, sale of assets
and property taxes.
Technology includes all major technology-related equipment acquisitions and replacement.
Primary revenue sources include, but not limited to, Liquor Fund, General Fund, Utility Funds,
and property taxes.
Program Summary
The majority of capital investments are in Facilities and Transportation for the next five years.
The total budgeted capital expenditures by category are shown below. The projects are financed
from diverse revenues sources. A summary is shown below. Details are shown on subsequent
pages.
Total
Cost Type: 2023 2024 2025 2026 2027 2028 2029 2025-2029
**
Transportation 25,098,000 20,367,324 17,185,300 32,573,864 28,359,413 13,975,825 8,909,719 101,004,121
Utility/Environmental Resources 12,498,000 5,785,000 8,114,000 8,328,325 6,009,500 5,970,000 4,300,000 32,721,825
Parks 27,346,743 21,286,096 6,899,020 8,148,563 6,074,000 3,247,000 2,382,000 26,750,583
Facilities 2,103,940 15,509,650 30,504,000 21,999,200 60,475,800 21,554,940 1,351,818 135,885,758
Equipment 2,283,229 3,592,958 3,454,342 3,792,210 4,561,752 3,050,729 2,944,054 17,803,087
Technology 754,250 705,798 611,908 288,314 692,574 689,088 424,603 2,706,487
70,084,162$ 67,246,826$ 66,768,570$ 75,130,476$ 106,173,039$ 48,487,582$ 20,312,194$ 316,871,861$
*2023 and 2024 are based on the adopted CIP for those years. Budget and actual costs differ. Only 2025-2029 are shown in the
chart below.
Project Cost Summary
Page 310 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 5
Page 311 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 6
*Park bond referendum timing shows planned use of bonds, not bond issuance year. Bond funds
will be spent first, and any overage on the project will be paid by the Park Dedication Fund.
Total
Funding Source 2025 2026 2027 2028 2029 2025-2029
General Fund 255,472$ 232,825 278,100 130,000 219,674 1,116,071
Communications Fund 37,260 50,822 54,547 51,078 53,047 246,754
Escrow 806,065 800,000 949,629 196,000 - 2,751,694
Property Taxes & Fund Balance 2,310,500 2,628,750 2,440,000 2,485,000 2,555,000 12,419,250
G.O. Bonds -Property Tax Levy 4,183,245 3,915,707 6,280,000 6,378,425 4,634,719 25,392,096
G.O. Bonds - Special Assessments 645,000 - 350,000 875,000 - 1,870,000
Municipal State Aid/ MSA bonds 4,411,930 7,522,288 6,071,158 3,381,610 2,980,000 24,366,986
MSA/ MSA bonds-Special Assessments - - 350,000 - - 350,000
Dakota County 7,382,000 11,248,175 9,996,126 3,534,790 380,000 32,541,091
Dakota County-Advance of City share (2,642,940) (976,763) 1,957,500 (2,840,000) (1,605,000) (6,107,203)
Water Trunk Fund/revenue bonds 3,750,000 1,380,000 11,875,000 2,215,000 265,000 19,485,000
Stormwater Infrastructure Fund 1,804,000 2,513,825 1,625,000 205,000 205,000 6,352,825
Sanitary Sewer Trunk Fund 2,090,000 165,000 135,000 75,000 75,000 2,540,000
Park Dedication Fund 2,547,945 3,530,313 2,882,500 1,760,000 1,105,000 11,825,758
Park Bond Referendum* 2,452,625 2,025,000 - - - 4,477,625
Park Improvement Fund 618,450 1,053,250 961,500 875,000 667,000 4,175,200
Trail Improvement Fund 560,000 970,000 2,230,000 612,000 610,000 4,982,000
Utility- Water 2,720,354 2,841,699 11,248,748 1,288,840 1,747,237 19,846,877
Utility- Sanitary Sewer 1,290,354 1,266,699 1,824,248 1,403,840 1,477,237 7,262,377
Utility- Environmental Resources 1,037,885 989,176 1,029,066 995,130 986,354 5,037,611
Utility- Street Light 10,000 97,500 60,000 - - 167,500
Franchise Fees - 4,238,250 4,671,184 3,356,387 - 12,265,821
Facilities Fund- Bond Proceeds 17,792,608 15,761,750 32,328,816 16,643,613 - 82,526,787
Facilities Fund- Other/Partnership 7,170,000 - - - - 7,170,000
Tax Levy- Equipment, Facilities & Technology 900,000 2,500,000 4,150,000 2,550,000 2,400,000 12,500,000
Fund Balance use- Equipment, Facility & Tech. 2,429,757 744,938 964,123 554,807 (103,747) 4,589,878
Arenas 1,843 1,337 3,402 1,497 1,500 9,579
Liquor Fund 577,605 591,981 644,520 928,330 787,817 3,530,253
Antenna Rental 482,113 497,247 512,873 531,236 571,356 2,594,825
Equipment sale proceeds 300,000 300,000 300,000 300,000 300,000 1,500,000
Other/Grants/Donations/Partnerships 844,500 8,240,707 - - - 9,085,207
66,768,570$ 75,130,476$ 106,173,039$ 48,487,582$ 20,312,194$ 316,871,861$
Funding Source Summary
Page 312 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 7
Debt Analysis and Tax Impact
In reviewing the 2025-2029 Capital Improvement Plan, the City Council should consider the level
of debt, the commitment of funds to repay that debt, as well as the annual tax impact associated
with the scheduled projects.
As of 12/31/2024, the City of Lakeville will have $155,450,000 in debt. The following chart reflects
the type of debt that comprises the $155.45M.
Page 313 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 8
The 2025-2029 CIP includes projects that are funded by bond proceeds. Bonds are issued for the
project costs that the City is funding through tax levies as well as the costs that are specially assessed
to property owners. The City anticipates $114,788,883 in bonding for projects in the CIP plan for
2025-2029, including the following-
$27,262,096 for street reconstruction/collector road rehabilitation projects in 2025-
2029
$17,792,608 for the FiRST Center in 2025
$17,000,000 for the CMF facility expansion in 2027
$5,000,000 for the bonded portion of a Water Treatment Facility expansion project
in 2027
$15,761,750 in 2026, $15,328,816 in 2027 and $16,643,613 in 2028 for fire station
remodel projects.
The anticipated bonding amount for 2025 is $22,620,853, which assumes no bonding is needed in
2025 for planned equipment expenditures. The current CIP projections assume no bond funding
will be needed for the Municipal State Aid (MSA) projects, which will be dependent on project
costs and timing, as well as the ability of Dakota County to provide advance funding on certain
MSA projects.
Major projects scheduled for 2025, which are planned to be funded with bonds are listed below (note
that these amounts also include any bonds which will be repaid by special assessments):
Amount
50,375,000$
14,200,000
57,800,000
3,260,000
5,125,000
815,000
16,290,000
7,415,000
70,000
100,000
Total remaining principal: 155,450,000
Bond Type Purpose
Various capital projects (Central Maintenance
Facility, Police Station)
Street reconstruction projects
GO Capital Improvement
GO Street Reconstruction
Various capital improvement projects; Includes
special assessment-supported debt.
Various street improvement projects
Holyoke Water Tower, Water Treatment Facility
Improvements, Wells 21 and 22
Construction of liquor store (2007)
Watermain replacement (in conjunction with street
reconstruction projects)
Lift station #6 replacement
Holyoke Ave Street Lights
Arenas projects 2021-2022, Keokuk Liquor Store
construction
GO Improvement
GO State-aid Street Revenue
GO Water Revenue
HRA Lease Revenue-Liquor
Water revenue
Sewer revenue
Street light revenue
Tax Abatement
Page 314 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 9
Major projects which involve a property tax levy component in 2025 are listed below:
Project costs in the CIP may be higher than the tax levy amounts above, due to additional funding
sources beyond tax levy, such as fund balance, or other sources (as reflected in the CIP). There are
sometimes transfers from General Fund balance reserve into Capital Project Funds to reduce the
impact on the tax levy, and such transfers are not reflected in the table above.
Project Description
Total estimated
bonds in 2025
25-02: 2025 Street Reconstruction 4,145,000$
25-03: Collector Roadway Rehabilitiation 683,245
25-12 FiRST Center 17,792,608
TOTAL 22,620,853$
Project Description Tax Levy
Pavement maintenance project 25-01 (Pavement
Management Fund) 1,800,000$
Park improvements (Park Improvement Fund) 450,000
Equipment purchases (Equipment Fund) 200,000
Facilities maintenance/improvements (Building Fund) 100,000
Technology needs (Technology Fund) 300,000
Trail maintenance/rehabilitation (Trail Improvement Fund) 550,000
TOTAL 3,400,000$
Page 315 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 10 The following chart reflects the cumulative effect of new debt issued as indicated in the CIP and the retirement of existing debt. The top line is the resulting debt balance at the end of each year. Page 316 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 11 The following charts reflect the cumulative effect of new debt issued as indicated in the proposed CIP and the retirement of existing debt on a per capita basis, and on a per household basis, respectively. Page 317 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 12 Page 318 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 13
The impact of the 2025-2029 CIP and other anticipated bond payment adjustments on the debt
service property tax levy are reflected in the following table:
Each year, certain bond issues mature and the corresponding debt service payments are
eliminated. As noted in the CIP, the City initiated a Pavement Management Program starting in
2009, which increased the scope of the annual street reconstruction projects, which in turn has
increased the amount of debt related to such street reconstruction projects. The amount of debt
service dropping off each year as payments are made is less than the amount that we are adding
for new CIP projects. This results in an increase in the debt service property tax levy.
The proposed CIP projects will impact the debt service beginning in 2026. The anticipated bond
payments on debt issued in conjunction with these new projects will result in an increased debt
service levy of approximately $722,000 for 2026, $1,666,000 for 2027, $3,424,000 for 2028, and
$4,290,000 for 2029.
The $114.8M of bonding for projects in the 2025-2029 CIP will require significant bond payments
beginning in 2026 from the following sources: tax levy, special assessments, and Water Operating
Fund. The estimated annual payments by source are shown in the table and chart below.
Projected Change in Debt Levy
2025 2026 2027 2028 2029
Total 2025-
2029
Annual Debt Levy 12,973,074 12,156,415 12,524,937 11,936,712 10,869,762 60,460,900
Change from:
Existing Debt - (816,660) 368,522 (588,225) (1,066,950) (2,103,312)
One-time Adjustments - - - - - -
New CIP:
Street projects 93,529 722,121 1,270,169 2,124,950 2,988,111 7,198,879
Equipment - - - - - -
Facilities - - 396,326 1,298,916 1,301,934 2,997,176
Parks - - - - - -
Change from New CIP: 93,529 722,121 1,666,495 3,423,866 4,290,045 10,196,055
Total Change 93,529 (94,539) 2,035,017 2,835,641 3,223,095 8,092,743
Revised Debt Levy 13,066,603 12,878,536 14,191,432 15,360,578 15,159,807 68,553,644
% Change in Debt Levy -1% 10% 8% -1%
Page 319 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 14
*Each year reflects a cumulative total of the funding that would be needed from each of the sources
for that year (for example, the obligations shown in 2027 include the change from new CIP debt
in 2025 as well as 2026).
Impact of the Capital Improvement Plan on the Operating Budget
The City’s Operating Budget is affected by the Capital Improvement Plan. Capital improvements
typically result in ongoing expenses for routine operation, repair and maintenance upon
completion or acquisition. Existing City facilities and equipment will eventually require
rehabilitation, renovation or upgrades to accommodate new uses or address needed
improvements. Older facilities usually involve higher maintenance and repair costs as well.
Capital improvements make a positive contribution to the economic vitality, quality of life and
fiscal well-being of our community in spite of potential recurring operating costs. Capital projects
such as the redevelopment of under-performing or under-used areas of the City, and the
infrastructure expansion needed to support new development, help promote the economic
development and growth that generates additional operating revenues. These new revenue sources
provide the funding needed to maintain, improve and expand the City’s infrastructure.
Additional considerations
Dakota County staff continue to prepare the Dakota County’s draft 2025-2029 Transportation,
Transportation Sales & Use Tax, and Regional Rail Authority Capital Improvement Program. City
and County staff continue to coordinate efforts to create CIPs that align with both local and
regional transportation needs.
TRANSPORTATION PROJECTS
Implements the following Envision Lakeville Community Values:
Diversified Economic Development
Good Value for Public Services
Funding of New Debt from CIP (Cumulative Payments by Year)
2026 2027 2028 2029 2030
Tax Levy 722,121 1,666,495 3,423,866 4,290,045 4,898,799
Special Assessments 78,536 78,536 121,153 227,694 227,694
Franchise Fees 414,816 1,729,613 2,923,594 4,129,076 5,013,816
Water Fund - - 608,807 608,807 608,807
1,215,473 $3,474,644 $7,077,419 $9,255,621 $10,749,116*
Page 320 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 15
Safety Throughout the Community
Design That Connects the Community
PAVEMENT MANAGEMENT
The City’s current Pavement Management Program started in 2009. Local public streets and
collector/arterial roads are inspected on a regular basis. Each segment of improved street/road is
assigned an Overall Condition Index (OCI) rating. OCI ratings assist in scheduling preventive
maintenance and prioritizing local street and collector/arterial road rehabilitation and
reconstruction projects. Project costs for local street and collector/arterial road reconstruction
projects are based on adopted policy in which benefited properties are assessed 40% of project costs
and the remaining 60% of project costs are financed through property taxes. Routine pavement
maintenance is not assessed.
Oversight of associated public infrastructure such as pedestrian/bicyclist facilities (sidewalks,
Americans with Disability Act (ADA) ramps), bridges (inspections/repairs), and small safety
improvements are included in the City’s Pavement Management Program.
PAVEMENT MAINTENANCE (XX-01)
Annual preventive maintenance program designed to protect the City’s investment in public
street/road infrastructure assets. Best management practices include crack sealing, seal coating,
surface sealing, mill and overlay and roadway patching. Associated maintenance activities such as
curb and gutter repair, drain tile repair, pavement marking painting, and stormwater
infrastructure repair are included. Maintenance is financed primarily through property taxes. A
portion of the City’s annual Municipal State Aid (MSA) allotment is applied toward street/road
maintenance, with the remaining MSA balance applied toward MSA-designated projects and debt
payments on previously issued bonds supporting these projects. The remaining principal and
interest balances due on MSA-supported bonds at the end of 2024 will be $3,260,000. The final
principal payment will be made in 2036.
LOCAL STREET REHABILITATION/RECONSTRUCTION (XX-02)
Annual program designed to extend street life, minimize total life cycle costs, and improve local
streets when routine maintenance costs exceed the cost-benefit of the investment or streets
approach the end of their life cycle. Citywide OCI goal for local streets is 75. Both rehabilitation
(surface sealing/mill and overlay) and reconstruction (reclamation) practices are utilized.
Page 321 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 16
COLLECTOR/ARTERIAL ROAD REHABILITATION AND RECONSTRUCTION (XX-03)
Annual program designed to extend roadway life, minimize total life cycle costs, or improve
collector/arterial roads when routine maintenance costs exceed the cost-benefit of the investment
or roads approach the end of their life cycle. Citywide OCI goal for collector/arterial roads is 75.
Both rehabilitation (mill and overlay) and reconstruction (reclamation) practices are utilized.
DRAINAGE IMPROVEMENTS/UTILITY REPAIRS ON COUNTY HIGHWAYS (XX-10)
Annual maintenance program designed to improve the overall performance and effectiveness of
the shared County and City stormwater management system and extend the service life of City
sanitary sewer and water infrastructure located along County highways. The program is designed
to improve public utility infrastructure and minimize total life cycle costs through routine
maintenance that coincides with County pavement preservation projects.
CITY AND COUNTY COLLECTOR/ARTERIAL ROAD IMPROVEMENTS
Partnership projects aligning with local development objectives, and local and regional (County
State Aid Highway/CSAH) transportation needs. Designed to create and maintain a safe, efficient,
multi-modal transportation system. City-led projects list all costs, including the County’s
estimated cost-share. County-led projects list only the City’s estimated cost-share.
CP 23-04:
o Phase I: 179th Street/Future CSAH 9 Realignment (Highview Ave – Cedar Ave)
o Phase II: Dodd Boulevard Modernization (Gerdine Path - Dodd Lane)
Phase I constructed in 2023. City share of costs paid in 2025 per Joint Powers Agreement.
Phase II programmed for 2024 construction as 2-lane undivided City collector roadway
with trails along both sides. City share of costs paid in 2025 per Joint Powers Agreement.
Roadways identified as jurisdictional transfers in 2024, following the completion of Phase
II construction.
CP 24-04: 185th Street/CSAH 60 Extension (Dodd Blvd - Highview Ave)
Constructed in 2023. City share of costs paid in 2025/2026 per Joint Powers Agreement.
CP 24-05: 179th Street/Future CSAH 9 Extension (Pilot Knob Rd – E City Limits)
Programmed for 2026 construction with Developer-installed improvements as a 2-lane
divided County highway with trails along both sides. Project includes a highway bridge
Page 322 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 17
spanning North Creek with trails along both sides. City and County share of costs paid per
Joint Powers Agreement, subject to planned land development. Identified as future (long-
term) jurisdictional transfer.
CP 25-04: 185th Street/CSAH 60 Expansion (Kenwood Tr - Ipava Ave)
Programmed for 2025 construction as a 4-lane divided County highway with trails along
both sides. City share of costs paid in 2026-2028 per Joint Powers Agreement.
CP 26-04: Dodd Boulevard/CSAH 9 Modernization (210th St – 202nd St/Kenwood Tr)
Programmed for 2027 construction as a 2-lane divided County highway with trails along
both sides. City share of costs paid per future Joint Powers Agreement.
CP 26-07: CSAH 60 Alignment Study (Cedar Avenue/CSAH 23 – Flagstaff Avenue)
Programmed for 2026 study to determine the future alignment/corridor of CSAH 60 as it
extends east into Farmington. City share of costs (22.5%) paid in 2026 per future Joint
Powers Agreement.
CP 28-04: Dodd Boulevard/CSAH 9 Modernization (215th St/CSAH 7- 210th St)
Programmed for 2028 construction as a 2-lane divided County highway with trails along
both sides. City share of costs paid in 2028 per future Joint Powers Agreement.
CITY AND COUNTY INTERSECTION IMPROVEMENTS
Partnership projects aligning with local and regional (County State Aid Highway/CSAH)
transportation needs. Designed to alleviate congestion, improve intersection operations, provide
for increasing traffic levels and improve safety. City-led projects list all costs, including the
County’s estimated cost-share. County-led projects list only the City’s estimated cost-share. Traffic
signals along County highways are owned by the County. Maintenance on City-owned traffic
signals is done by County through a maintenance agreement.
CP 22-03: 210th Street and Dodd Boulevard/CSAH 9 Roundabout
Constructed in 2022. City share of costs paid in 2025 per Joint Powers Agreement.
CP 26-05: Interstate 35 and Kenwood Trail/CSAH 50 Interchange Reconstruction
Minnesota Department of Transportation (MnDOT) completed a State-funded corridor
study of Interstate 35 (I-35) between CSAH 70 and the Interstate 35E/35W split in 2024.
Page 323 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 18
The study provides local agencies with information on future scoping of MnDOT-led
pavement preservation projects along the corridor, and reasonable assumptions on the
future footprint of I-35 at the CSAH 50 interchange.
County-led preliminary engineering and design of the I-35 and CSAH 50 Interchange
Reconstruction is programmed for 2024/2025. The City and County were awarded
$5,040,000 in Federal Funding (Fiscal Year 2023) to complete engineering and design.
Construction will be funded through a combination of local, county, state and potentially
federal funds. State and federal funding for construction have not been secured, therefore,
construction year (currently planned for 2028/2029) is still to be determined. The City
acquired parcels in 2017 (Burger King) and 2021 (BP) for right-of-way purposes, both of
which were funded by the Metropolitan Council’s Right-of-Way Acquisition Loan Fund
(RALF). The loans are to be repaid in the year of construction. The City and County will
share in the repayment costs per future Joint Powers Agreement.
CP 26-06: 202nd Street/CSAH 50 and Hamburg Avenue Roundabout
Programmed for 2026 construction as a single-lane roundabout. Dakota County
responsible for 100% of project cost per future Joint Powers Agreement. City is only
anticipating contributing costs toward streetlights at this time.
OTHER PROJECTS
CP 22-08: CenterPoint Energy Tree Replacement
Reforestation program designed to replace trees along Ipava Avenue (202nd Street – 165th
Street) removed with CenterPoint Energy’s 2022 gas pipeline project. Tree planting
completed in 2023 with scheduled maintenance/management in 2024/2025. CenterPoint
Energy to reimburse the City 100% of costs in 2023-2025 per agreement.
CP 22-16: Freight Rail Car Storage and Transload Facility
Programmed for 2026 construction. The City was awarded $750,000 in Federal Funding
(Fiscal Year 2023) for engineering design and $7,000,000 in State Funding for construction.
Project includes construction of a 90-car storage yard, and a 30-car transload facility within
the City’s industrial parks, south of CSAH 70.
Page 324 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 19
CP 25-05: Holyoke/Highview Avenue (202nd St/CSAH 50 – Dodd Blvd/CSAH 9)
o Phase I: Heritage Drive to South of 190th Street
o Phase II: South of 190th Street to Dodd Boulevard/CSAH 9
Phase I programmed for 2027 construction. Project includes road rehabilitation and
modernization, intersection improvements and a pedestrian underpass. Phase II
programmed for 2030 construction. Project includes road rehabilitation and
modernization and intersection improvements and a pedestrian underpass.
ENVIRONMENTAL RESOURCES PROJECTS
Implements the following Envision Lakeville Community Values:
A Sense of Community and Belonging
Access to a Multitude of Natural Amenities and Recreational Opportunities
ER-1: WATER QUALITY/CONSERVATION PROJECTS
Water Quality Best Management Practices
Partnership projects aligning with Black Dog Watershed Water Management Organization,
Dakota County Soil and Water Conservation District and Vermillion River Watershed Joint
Powers Organization restoration and protection strategies. Funding intended as City’s cost-share
to meet partnership or grant matching requirements. Emphasis on Federal Clean Water Act,
Minnesota Pollution Control Agency MS4 permit and Total Maximum Daily Load compliance.
Urban Restoration - Public System Initiatives and Improvements
Program designed to restore and manage landscaping at public facilities and public open spaces
by replacing hardscape and lawns with native plants/low-maintenance vegetation. Best
management practices include native grasses/plants, prairies, rain gardens and woodlands to
provide storm water rate control/volume reduction or water quality improvements.
Water Conservation
Program designed to implement water conservation strategies at public facilities/open spaces to
reduce water use. Best management practices include water reuse and smart irrigation systems.
Page 325 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 20
Irrigation Efficiencies (HOA)
Program designed to reduce groundwater usage by Homeowner Associations. Irrigation system
audits improve private irrigation system efficiency through recommended improvements that a)
preserve groundwater aquifers, b) reduce potential for pollutants to enter area waters through
runoff, and c) reduce City infrastructure costs. Best management practices include field studies of
irrigation systems, and cost-share for smart controllers/irrigation system efficiency improvements.
ER-2: LAKE MANAGEMENT
Water Quality Assessments and Water Quality Treatments
Annual management program designed to promote and protect public water resources. Annual
assessment results are used to identify best management practices and strategies and prioritize and
schedule treatments. Assessment techniques include aquatic plant surveys, aquatic invasive species
monitoring, fish surveys and water monitoring/sampling. Best management practices and
strategies include chemical treatments, education and outreach, and fish management.
ER-3: STORMWATER INFRASTRUCTURE MAINTENANCE
Storm Water Basin Rehabilitation
Annual maintenance program designed to extend service life/minimize life-cycle costs of public
storm water basin collection systems. Storm water management basins improve water quality of
stormwater runoff and reduce peak stormwater discharge rates. Public storm water basins are
inspected regularly. Inspections assist in scheduling maintenance and prioritizing rehabilitation
projects. Best management practices include maintenance at emergency overflow/easement areas,
sediment/vegetation removal and slope restoration. Emphasis on Minnesota Pollution Control
Agency Municipal Separate Storm Sewer System (MS4) permit compliance.
Storm Water Infrastructure Maintenance/Rehabilitation
Annual preventive maintenance program designed to protect the City’s investment in public
stormwater infrastructure. Best management practices include flared-end section repairs,
sediment removal, storm sewer pipe and manhole repairs, and stormwater conveyance systems
improvements. Emphasis on Minnesota Pollution Control Agency Municipal Separate Storm
Sewer System (MS4) permit compliance.
Page 326 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 21
FLARED-END SECTION (FES) Maintenance
Annual maintenance program designed to improve the overall performance and effectiveness of
the City’s stormwater management system. Best management practices include removal of
accumulated sediment that is restricting stormwater flow through flared-end sections (FES),
stormwater infrastructure designed to convey water to/from stormwater management basins.
ER-4: STORMWATER INFRASTRUCTURE SYSTEM EXPANSION
The Water Resources Management Plan anticipates the extension/expansion of new stormwater
infrastructure to serve areas of planned land development and with local street and
collector/arterial road rehabilitation/reconstruction projects. New infrastructure includes storm
sewer pipes and structures, mechanical storm water/sediment separators, storm water basins and
wetlands, and storm water filtration/infiltration systems and rain gardens. These best management
practices provide storm water rate control, volume reduction and water quality improvements.
Timing of new stormwater infrastructure is subject to planned land development.
CP 20-45: 165th St Drainage System Improvements
Programmed for construction in 2026. Project includes addition of stormwater
infrastructure improvements to assist in the safe and efficient collection and conveyance of
stormwater runoff from significant rainfall events within the 165th Street watershed.
CP 24-44: Greenridge Park Stormwater Facility
Programmed for 2025 construction. The City and Vermillion River Watershed Joint
Powers Organization propose to partner on a stormwater best management practice to
improve stormwater quality.
ER-5: FORESTRY
Annual maintenance program designed to manage, preserve, and protect public woodland assets.
Best management practices include Emerald Ash Borer program (tree injections, tree
removal/stump grinding of infected trees and reforestation of public parks/open spaces).
ER-6: VEGETATION MAINTENANCE - CITY OUTLOT/PUBLIC LAND
Annual maintenance program designed to help establish deep-rooted native vegetation that will
help prevent erosion and filter out chemicals, and nutrients, like phosphorous, that degrades water
Page 327 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 22
quality. Managing invasive and noxious weeds also helps to establish the native vegetation,
increase biodiversity, and improve habitat for local wildlife.
UTILITY PROJECTS
Implements the following Envision Lakeville Community Values:
Good Value for Public Services
U-1: SANITARY SEWER TRUNK SYSTEM IMPROVEMENTS
The Sanitary Sewer Plan anticipates the extension of sanitary sewer trunk facilities to serve areas
of anticipated/planned growth. Lift Station 26 is programmed for construction in 2025. Timing of
sanitary sewer trunk system improvements subject to growth rate and location of planned land
development.
U-2: SANITARY SEWER LIFT STATION REHABILITATION
Lift station service life is 12-15 years. Pumps, motors and equipment are inspected, repaired and
replaced to ensure uninterrupted service. Lift stations are inspected/cleaned annually and
scheduled for rehabilitation every 12-15 years. Lift Stations 3, 4, 5, 6, 7, 8, 11, 18, 19, 20, and 22 are
scheduled for rehabilitation in 2025-2029.
XX-01/XX-02: SANITARY SEWER REHABILITATION
Sanitary sewer infrastructure is subject to breaks, cracks and root intrusion. Rehabilitating
damaged sanitary sewer infrastructure is required to maintain the integrity and function of the
sanitary sewer system. Sanitary sewer within planned transportation project limits is inspected and
required maintenance is programmed with the road improvements to minimize life-cycle costs.
U-3: SANITARY SEWER SYSTEM INFLOW AND INFILTRATION MAINTENANCE
Annual program designed to manage peak discharge rates and maintain/extend the overall service
life of the sanitary sewer collection system through rehabilitating infrastructure susceptible to
inflow and infiltration (groundwater). Public sanitary sewer infrastructure is inspected (televising
250,000 pipe-feet/year) and cleaned (jetting 75 pipe-miles/year) to maintain the integrity and
function of the sanitary sewer collection system.
Page 328 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 23
XX-01/XX-02: WATERMAIN REPLACEMENT
Watermain infrastructure is subject to breaks, cracks, and corrosion. Replacing damaged
watermain infrastructure is required to maintain the integrity and function of the water system.
Watermain within planned transportation project limits is evaluated based on age, break history
and soil conditions. Required maintenance or preventive measures (hydrant/valve bolt
replacement, corrosion protection) are programmed with the road improvements to minimize life-
cycle costs.
U-4: WELL CONSTRUCTION
The Water Plan provides guidance in identifying future water system facilities required to serve
areas of planned land development. Well #23 is under construction and will be brought online in
2025, and Wells 24 and 25 are programmed for 2028 construction. Construction timing and well
location subject to population demand/water needs. The Wellhead and Source Water Protection
Plan must be amended prior to receiving a Minnesota Department of Health permit.
U-5: WATERMAIN TRUNK SYSTEM IMPROVEMENTS
The Water Plan anticipates the extension of watermain trunk facilities to serve areas of planned
land development. Timing of watermain trunk system improvements subject to growth rate and
location of planned land development.
U-6: WATER SYSTEM DISTRIBUTION FEATURES
The Water Plan provides guidance in identifying future water system features required to serve
areas of planned land development, including features to either reduce or boost the water pressure
due to the elevation of new development. New pressure reducing valves are programmed for 2025,
2026 and 2028 construction. Construction timing and location subject to growth rate and location
of planned land development.
U-7: WELL AND PUMP REHABILITATION
Pumps, motors and equipment are inspected, repaired and replaced to ensure uninterrupted,
efficient service and a water system operating at maximum pumping capacity. City wells provide
water for on-demand distribution system (24 hours/day, 7 days/week). Multiple starts/stops place
tremendous stress on the motors and pump components and constant water exposure can lead to
corrosion. Well and pumps are scheduled for rehabilitation every 8-10 years, based on pump type.
Page 329 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 24
U-8: WATER TOWER AND RESERVOIR MAINTENANCE
Maintenance program designed to manage, preserve and protect investment in water storage tanks
(interior and exterior). Maintenance removes buildup, dirt/dust, and extends the life of the coating
system, minimizing total lifecycle costs.
U-9: WATER METER REPLACEMENT
Annual program designed to replace residential and commercial water meters approaching the
end of their life cycle, to ensure accurate water monitoring use data for Minnesota Department of
Natural Resources reporting. Program goal is 1,200 water meter replacements per year (based on
meter age) with the intent of meeting/maintaining a 20-year service life. Routine water meter
replacement is completed by City Utilities staff. 2022 costs included one-time costs to convert the
current water meter system to a fixed-base system and reduced meter replacement costs for 2023-
2025.
U-10: FIBER OPTIC CABLE CONNECTIONS
Extension of fiber optic cable to remote utility sites (lift stations, wells) for better and more
reliable communication.
PARKS AND RECREATION PROJECTS
Implements the following Envision Lakeville Community Values:
Good Value for Public Services
Safety Throughout the Community
Design That Connects the Community
A Sense of Community and Belonging
Access to a Multitude of Natural Amenities and Recreational Opportunities
P-1: PARKS MAJOR MAINTENANCE PROJECTS
Includes general maintenance projects, maintenance of buildings, park shelters and grounds, fields
and open spaces (examples- re-shingle park shelters, replace signs, replace rubber floors, seal park
parking lots, resurface basketball and tennis courts, etc.).
Page 330 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 25
P-2: PARK DEVELOPMENT - ADMINISTRATIVE PROJECTS-
The Park Dedication Fund budget provides appropriations for many activities including planning,
design and feasibility reports for park projects such as Voyageur Park and Spyglass Park Phase II.
P-3: PARK DEVELOPMENT DEVELOPER CREDITS
Represents credits associated with new development when the park dedication requirement is
fulfilled through a land dedication.
P-4: FUTURE PARK LAND ACQUISITION
Represents potential costs of land acquisition where needed to fulfill future plans for parks in the
City.
P-5: TRAIL IMPROVEMENTS
The City retained a third party in 2022 to evaluate the condition of all trail segments in our
community and plans are to do this again in 2026. Based on the evaluations, staff will develop a
plan for either overlaying or reclaiming City trail segments, along with crack filling and fog sealing
of trails.
Maintenance of sidewalks and trails along Dakota County roadways is provided in accordance with
the current County and City Maintenance Agreement for County Bikeway Trails. In 2021, the
Dakota County Board of Commissioners approved the following regarding trails and sidewalks
along Dakota County roadways:
Multi-Use Trails and Sidewalk Maintenance
Dakota County will participate in pavement preservation, overlay, or reconstruction of
trails and sidewalks along the County highway system up to 100 percent. The City is
responsible for snow and ice removal. To be eligible for County participation in trails and
sidewalks, a system-wide maintenance agreement between the County and local agency
will be required to identify system-wide trail and sidewalk roles and cost responsibilities.
P-6: PARK IMPROVEMENTS
The Park Improvement Fund provides funding for replacement and upgrades to playgrounds,
shelters and buildings, parking lots used to access City parks, and other park amenities (ballfields
and rinks).
Page 331 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 26
P-7: PEDESTRIAN CROSSING PROJECTS
The Park Dedication Fund provides funding for pedestrian crossing upgrades to include
implementation of pedestrian/bicycle safety strategies. Crossing locations will be evaluated based
on the City’s Pedestrian Crossing Policy and programmed/prioritized accordingly.
P-8: RITTER MEADOWS PARK
The Parks, Trails and Open Space Plan calls for a neighborhood park in the area which is proposed
to be constructed in 2027.
P-9: VOYAGEUR PARK
The Parks, Trails, and Open Space Plan calls for a neighborhood park East of Cedar Avenue and
south of 181st Street serving the future development in this area. The park will be approximately 2
acres in size and is proposed to be constructed in 2025.
P-10: SPYGLASS PARK PHASE II
Spyglass Park currently consists of a playground, shelter, and green space on a parcel 4.2 acres in
size. Once the area north of the park develops, plans are to expand the park with additional green
space and amenities to serve all the neighborhoods in the area. Construction is proposed to be
completed in 2026.
P-11: KEOKUK AVENUE/172ND STREET PARK
The Parks, Trails and Open Space Plan calls for a neighborhood park in the area which is proposed
to be constructed in 2030. Planning/design costs are included in 2029.
P-12: GRAND PRAIRIE SKATEPARK
Planning/design costs are included in 2027 with construction planned for 2028.
P-13: OTHER PROJECTS
This category is intended to include smaller park projects such as adding artwork in the parks, tree
planting, security cameras at park facilities, Pickleball courts in the south side of the City (Wild
Meadows/Hasse), and the completion of an ADA Transition Plan.
Page 332 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 27
23-13: KLAMATH TRAIL RETAINING WALL
There are two existing modular block retaining walls (totaling over 1,200 feet in length) along the
south side of Klamath Trail, west of County State Aid Highway 5, which were constructed in 1999.
A Condition Assessment Report was completed by a third party after it was noticed that the modular
block walls are showing signs of deterioration. Based on the anticipated life span of these walls and
the condition assessment that indicates visible staining, cracking along the face of individual blocks
along with other types of deterioration, the replacement of these walls is scheduled to be completed
in 2027 with prefabricated modular block walls (PMBW). This is currently planned to be funded by
the Trail Improvement fund.
CP 24-20 GRAND PRAIRIE PARK (FORMERLY KNOWN AS AVONLEA COMMUNITY PARK)
Construction of this park is underway in 2024, with completion anticipated in 2025. This project
was approved as part of the 2021 Park Bond Referendum. Lakeville Lions has committed $500,000
toward the Avonlea splash pad over five years ($100,000/year). Lakeville Baseball Association has
committed $1 Million toward the project over 10 years ($100,000/year).
CP 25-15: NORTH CREEK GREENWAY
o Phase I: 173rd Street to East Community Park Trailhead
o Phase II: East Community Park Trailhead to 160th Street (CSAH 46)
Multi-phased County greenway project designed to provide connectivity City and County trail
system. Phase I is programmed for 2025 construction. Phase II is programmed for 2026
construction and includes trailhead in East Community Park.
CP 25-20: EAST COMMUNITY PARK PHASE II
The 2018 Master Plan for the park identified specific amenities. The park is proposed to be
constructed in 2026, which was approved as part of the 2021 Park Bond Referendum.
CP 26-15: LAKE MARION GREENWAY
o Phase IA: Ritter Farm Park to West of Dodd Boulevard/CSAH 9
o Phase IB: East of Dodd Boulevard/CSAH 9 to Holyoke Avenue
o Phase II: Holyoke Avenue to Cedar Avenue/CSAH 23
o Phase III: Murphy-Hanrehan Park to Ritter Farm Park
Multi-phased County greenway project designed to provide connectivity City and County trail
system. Phase IA and IB programmed for 2026 construction and includes Kenrick Avenue
Page 333 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 28
crossing, mini trailhead in Ritter Farm Park, mini trailhead in Downtown and Parking Lot A
reconstruction.
FACILITIES PROJECTS
City of Lakeville – FiRST Center: First Responders Skills Training Center
A regional public safety training facility does not currently exist for use by public safety personnel
in the south metro area and adjacent cities and counties. A regional training facility would help
ensure our safety personnel have the highest degree of training possible to serve the public. The
Minnesota Legislature has clearly stated that public safety personnel need to be better trained and
equipped to respond to the growing demands placed on them. The biggest challenge for mid-sized
departments is the funding for and ongoing maintenance required of a permanent training
facility. Public safety personnel often use local businesses, schools, and vacant facilities as
temporary training sites since there is not a permanent site that fits all the training and classroom
needs. A permanent, dedicated site within Dakota County, available to all jurisdictions within the
south metro and Greater Minnesota area, would improve the ability to consistently and routinely
train public safety employees, as well as maintain certifications.
The project proposes to redevelop the city’s old public works property located at 7777 214th Street
into a regional public safety training facility that would include the following features:
Physical training area for fire, police and EMS
Virtual training area
Firing range training area with vehicle access
Equipment cleaning and armory area
Tactical training room with movable partitions for fire, police and EMS
Classroom/meeting space for fire, police and EMS
Office space
Restrooms/lockers
$7 Million of funding was awarded for this public safety training center through the 2023
Minnesota Legislature capital investment (cash funding) bill and an additional $800,000 was
Page 334 of 379
City of Lakeville 2025-2029 Capital Improvement Plan- Page 29
awarded in 2024 through Federal Congressionally Directed Funding. The design of the facility will
be complete and bid in 2024, with construction of the facility in 2025 and operational by mid-2026.
City of Lakeville – Fire Department Facility Assessment/Transition to FT
Firefighters
In anticipation of transitioning to a full-time firefighting staff, a fire station facility study was
completed in 2023. The study indicated there are significant improvements that need to be
completed to each station to modernize them to meet best practices for station designs and to add
dorm/sleeping quarters and related kitchen and laundry areas to accommodate full-time staff.
The city completed a temporary renovation of FS4 in 2024 to accommodate the hiring of the first
six new full-time firefighters in April. The city plans to add an additional six new full-time
firefighters in 2025 and another six full-time firefighters in 2026.
City Council is considering implementing one of two scenarios over the next six years:
1. Complete renovations and additions at all four existing fire stations to modernize them to
accommodate the needs of full-time staff. This scenario could cost up to $52 million.
2. Complete renovations of Stations 1 and 3, but instead of renovating Stations 2 and 4 the
city would consider purchasing land within the Dodd Boulevard/Cedar Avenue area to
construct a new fire station that would replace Stations 4 and 2, eliminating the need for
them to be fully renovated. The old fire station sites could then be used for other municipal
needs or sold for private development. This scenario could cost up to $68 million.
The CIP currently includes $60 million of costs related to Fire Stations between 2026-2028, and is
planned to be funded by bonds and franchise fees.
Page 335 of 379
TotalCIP #ProjectFunding Source Project Type Status* 2025 2026 2027 2028 2029 2025‐2029STREET PROJECTSXX‐01 Pavement Management ‐ MaintenanceMaintenance RTaxes2,130,500 2,195,000 2,260,000 2,330,000 2,400,000 11,315,500 Municipal State Aid120,000 120,000 120,000 120,000 120,000 600,000 Water Operating Fund100,000 100,000 100,000 100,000 100,000 500,000 Sanitary Sewer Operating Fund100,000 100,000 100,000 100,000 100,000 500,000 2,450,500 2,515,000 2,580,000 2,650,000 2,720,000 12,915,500 XX‐02Street Reconstruction ‐ Note 1Reconstruction/Maintenance RProperty Tax Levy‐ next year project costs (ex‐ 2026 project costs in 2025)‐ 155,000 155,000 155,000 155,000 620,000 G.O. Improvement Bonds ‐ Taxes3,500,000 3,425,000 3,530,000 3,635,000 3,745,000 17,835,000 G.O. Improvement Bonds ‐ Sp. Assess.645,000 ‐ ‐ 875,000 ‐ 1,520,000 Water Operating Fund900,000 470,000 470,000 470,000 470,000 2,780,000 Sanitary Sewer Operating Fund250,000 250,000 250,000 250,000 250,000 1,250,000 Stormwater Infrastructure Fund105,000 105,000 105,000 105,000 105,000 525,000 5,400,000 4,405,000 4,510,000 5,490,000 4,725,000 24,530,000 XX‐03 Collector Roadway Rehabilitation‐ Note 1Rehabilitation RG.O. Improvement Bonds ‐ Taxes683,245 490,707 2,750,000 2,743,425 889,719 7,557,096 G.O. Improvement Bonds ‐ Sp. Assess.‐ ‐ 350,000 ‐ ‐ 350,000 Water Operating Fund35,000 50,000 100,000 100,000 50,000 335,000 Sanitary Sewer Operating Fund5,000 15,000 25,000 25,000 15,000 85,000 Sanitary Sewer Trunk Fund (fiber conduit)‐ ‐ 50,000 ‐ ‐ 50,000 Park Dedication Fund (fiber conduit)‐ ‐ 100,000 ‐ ‐ 100,000 Other cost share arrangement‐ Credit River (Judicial Rd)‐ 490,707 ‐ ‐ ‐ 490,707 723,245 1,046,414 3,375,000 2,868,425 954,719 8,967,803 XX‐10 Dakota County Pavement PreservationRehabilitation RTaxes (Pavement Management Fund)30,000 ‐ 25,000 ‐ ‐ 55,000 Water Operating Fund10,000 5,000 5,000 ‐ ‐ 20,000 Sanitary Sewer Operating Fund10,000 5,000 5,000 ‐ ‐ 20,000 50,000 10,000 35,000 ‐ ‐ 95,000 22‐03 210th Street ReconstructionCollector Rehabilitation IPMunicipal State Aid (repay County advance from 2022) Roundabout 524,000 ‐ ‐ ‐ ‐ 524,000 Dakota County‐ Advance funding of city share(524,000) ‐ ‐ ‐ ‐ (524,000) ‐ ‐ ‐ ‐ ‐ ‐ 22‐08 Centerpoint Energy Tree Replacement ProjectOther IPOther funding‐ Centerpoint (tree planting and watering/replacement) 140,000 ‐ ‐ ‐ ‐ 140,000 140,000 ‐ ‐ ‐ ‐ 140,000 22‐16 Freight Rail Car Storage and Transload FacilityOther IPImprovement Construction Fund (fund balance)150,000 ‐ ‐ ‐ ‐ 150,000 Other state funding (project subject to grant funding)‐ 7,000,000 ‐ ‐ ‐ 7,000,000 Other federal funding (project subject grant funding)‐ 750,000 ‐ ‐ ‐ 750,000 150,000 7,750,000 ‐ ‐ ‐ 7,900,000 City of Lakeville, MinnesotaCapital Improvements PlanProjects & Funding Sources by Category2025‐2029Page 30Page 336 of 379
TotalCIP #ProjectFunding Source Project Type Status* 2025 2026 2027 2028 2029 2025‐202923‐04 179th St/Future CSAH 9 (Highview Ave ‐ Cedar Ave)‐Phase IRehabilitation IPDodd Boulevard (Gerdine Path‐ Dodd Lane) ‐ Phase IIMunicipal State Aid (repay County advances in 2025)3,067,930 ‐ ‐ ‐ ‐ 3,067,930 Dakota County‐ Advance funding of city share(4,527,875) ‐ ‐ ‐ ‐ (4,527,875) Escrow690,000 ‐ ‐ ‐ ‐ 690,000 Park Dedication Fund769,945 ‐ ‐ ‐ ‐ 769,945 ‐ ‐ ‐ ‐ ‐ ‐ 24‐04 185th St/Future CSAH 60 (Dodd Blvd ‐ Highview Ave) Extension with roundabout IPMunicipal State Aid (repay County advances from 2022 and 2023) 430,000 2,300,000 ‐ ‐ ‐ 2,730,000 Dakota County‐ Advance funding of city share(430,000) (2,300,000) ‐ ‐ ‐ (2,730,000) ‐ ‐ ‐ ‐ ‐ ‐ 24‐05 179th St Bridge and Future CSAH 9Bridge/Traffic Signal IPMunicipal State Aid‐ 2,440,200 ‐ ‐ ‐ 2,440,200 Dakota County‐ 6,850,000 ‐ ‐ ‐ 6,850,000 Park Dedication Fund‐ 67,313 ‐ ‐ ‐ 67,313 Escrow‐ 800,000 ‐ ‐ ‐ 800,000 Stormwater Infrastructure Fund‐ 2,232,825 ‐ ‐ ‐ 2,232,825 Water Trunk Fund‐ 590,000 ‐ ‐ ‐ 590,000 Streetlight Operating Fund‐ 67,500 ‐ ‐ ‐ 67,500 ‐ 13,047,838 ‐ ‐ ‐ 13,047,838 25‐04 185th St/CSAH 60 (Kenwood Tr‐Ipava Ave)Modernization IPMunicipal State Aid135,000 281,763 1,417,500 2,840,000 ‐ 4,674,263 Dakota County5,700,000 ‐ ‐ ‐ ‐ 5,700,000 Dakota County‐ Advance funding of city share2,838,935 (281,763) (1,417,500) (2,840,000) ‐ (1,700,328) Escrow116,065 ‐ ‐ ‐ ‐ 116,065 Park Dedication Fund200,000 ‐ ‐ ‐ ‐ 200,000 Stormwater Infrastructure Fund1,300,000 ‐ ‐ ‐ ‐ 1,300,000 Sanitary Sewer Trunk Fund15,000 ‐ ‐ ‐ ‐ 15,000 Water Operating Fund150,000 ‐ ‐ ‐ ‐ 150,000 Sanitary Sewer Operating Fund15,000 ‐ ‐ ‐ ‐ 15,000 Other funding‐ State704,500 ‐ ‐ ‐ ‐ 704,500 Water Trunk Fund (fiber conduit‐ connectivity for wells)50,000 50,000 Street Light Operating Fund10,000 ‐ ‐ ‐ ‐ 10,000 11,234,500 ‐ ‐ ‐ ‐ 11,234,500 25‐05 Holyoke/Highview Avenue ReconstructionRehabilitation IPMunicipal State Aid‐ 1,955,000 3,192,400 ‐ 1,255,000 6,402,400 MSA/MSA Bonds ‐ Sp. Assess.‐ ‐ 350,000 ‐ ‐ 350,000 Escrow‐ ‐ 657,600 ‐ ‐ 657,600 Park Dedication Fund‐ ‐ 1,200,000 ‐ ‐ 1,200,000 Stormwater Infrastructure Fund‐ ‐ 1,035,000 ‐ ‐ 1,035,000 Water Operating Fund‐ ‐ 75,000 ‐ ‐ 75,000 Sanitary Sewer Operating Fund‐ ‐ 145,000 ‐ ‐ 145,000 Trail Improvement Fund‐ ‐ 200,000 ‐ ‐ 200,000 Street Light Operating Fund‐ ‐ 50,000 ‐ ‐ 50,000 ‐ 1,955,000 6,905,000 ‐ 1,255,000 10,115,000 Page 31Page 337 of 379
TotalCIP #ProjectFunding Source Project Type Status* 2025 2026 2027 2028 2029 2025‐202926‐04 CSAH9 Modernization (210th St‐ CSAH 50)Modernization IPMunicipal State Aid135,000 270,000 917,971 ‐ ‐ 1,322,971 Dakota County765,000 1,530,000 7,397,500 ‐ ‐ 9,692,500 Escrow292,029 292,029 Stormwater Infrastructure‐ ‐ 250,000 ‐ ‐ 250,000 Water Operating‐ ‐ 2,500 ‐ ‐ 2,500 Sanitary Sewer Operating‐ ‐ 5,000 ‐ ‐ 5,000 Street Light Operating‐ ‐ 10,000 ‐ ‐ 10,000 General Fund (Weather siren‐ Fiber conduit)‐ ‐ 40,000 ‐ ‐ 40,000 Park Dedication‐ ‐ 97,500 ‐ ‐ 97,500 900,000 1,800,000 9,012,500 ‐ ‐ 11,712,500 26‐05 Interstate 35/CSAH 50 Interchange Reconstruction Interchange Reconstruction IP Municipal State Aid (City share of repayment of 2017 and 2021/2022 RALF loans) ‐ ‐ 260,852 ‐ ‐ 260,852 Municipal State Aid (City share of project costs) ‐ 75,000 ‐ 1,605,000 1,680,000 Dakota County (County share of repayment of 2017 and 2021/2022 RALF loans) ‐ ‐ 1,478,161 ‐ ‐ 1,478,161 Dakota County (share of CSAH 50 Watershed Improvements at Jurel Way) 165,000 165,000 Dakota County‐ Advance funding of city share‐ 1,605,000 3,375,000 ‐ (1,605,000) 3,375,000 Stormwater Infrastructure135,000 135,000 General Fund (Weather siren‐ Fiber conduit)10,000 10,000 Sanitary Sewer Trunk (Lift Station‐ Fiber conduit)10,000 10,000 Water Trunk Fund (wells/towers‐ Fiber conduit)10,000 10,000 Park Dedication Fund Fiber conduit)‐ ‐ 10,000 ‐ ‐ 10,000 ‐ 1,680,000 5,454,013 ‐ ‐ 7,134,013 26‐06 CSAH 50 Roundabout at Hamburg AveRoundabout NStreetlight Operating Fund‐ 30,000 ‐ ‐ ‐ 30,000 ‐ 30,000 ‐ ‐ ‐ 30,000 26‐07 CSAH 60 Alignment Study (CSAH 23‐ Flagstaff Ave)Rehabilitation NPavement Management Fund‐ 78,750 ‐ ‐ ‐ 78,750 ‐ 78,750 ‐ ‐ ‐ 78,750 26‐15 Lake Marion GreenwayGreenway IPPark Dedication Fund28,000 2,050,000 ‐ ‐ 60,000 2,138,000 Pavement Management Fund‐ 200,000 ‐ ‐ ‐ 200,000 Dakota County (new trails)162,000 967,500 ‐ ‐ 345,000 1,474,500 Dakota County (trail improvements)‐ 640,500 ‐ ‐ ‐ 640,500 Park Improvement Fund (Ritter Farm parking lot/roadway improvements)‐ 225,000 ‐ ‐ ‐ 225,000 Trail Improvement Fund‐ 110,000 ‐ ‐ ‐ 110,000 Sanitary Sewer Fund (Fiber conduit)‐ 90,000 ‐ ‐ ‐ 90,000 Park Dedication Fund (Fiber conduit)‐ 90,000 ‐ ‐ ‐ 90,000 190,000 4,373,000 ‐ ‐ 405,000 4,968,000 28‐04 Dodd Blvd/CSAH 9 Modernization (215th St‐ 210th St.)Rehabilitation NMunicipal State Aid‐ 80,325 162,435 421,610 ‐ 664,370 Dakota County‐ 455,175 920,465 3,499,790 ‐ 4,875,430 Escrow196,000 196,000 Park Dedication30,000 30,000 Escrow‐ ‐ 535,500 1,082,900 4,147,400 ‐ 5,765,800 Total Transportation Projects* 21,238,245 39,226,502 32,954,413 15,155,825 10,059,719 118,634,704 *(Includes utility and trail improvements completed with street reconstruction projects)Page 32Page 338 of 379
TotalCIP #ProjectFunding Source Project Type Status* 2025 2026 2027 2028 2029 2025‐2029UTILITY PROJECTSU‐1 Sanitary Sewer Trunk ImprovementsSanitary Sewer Trunk Fund ‐ FeesR 75,000 75,000 75,000 75,000 75,000 375,000 U‐2 Sanitary Sewer Lift Station RehabilitationSanitary Sewer Operating Fund ‐ User Fees R 205,000 105,000 235,000 275,000 275,000 1,095,000 XX‐02/XX‐01 Sanitary Sewer Rehabilitation Sanitary Sewer Operating Fund ‐ User Fees (included above with transportation projects) R‐ ‐ ‐ ‐ ‐ ‐ U‐3 Sanitary Sewer Inflow/Infiltration MaintenanceSanitary Sewer Operating Fund ‐ User Fees R 575,000 575,000 575,000 575,000 575,000 2,875,000 24‐09 Lift Station #26/Crystal Lake Lift StationSanitary Sewer Trunk Fund ‐ FeesN 2,000,000 ‐ ‐ ‐ ‐ 2,000,000 XX‐02/XX‐01 Watermain ReplacementWater Operating Fund ‐ User Fees (included above with street reconstruction projects) R‐ ‐ ‐ ‐ ‐ ‐ Water Operating Fund ‐ User Fees (included above with pavement management projects)‐ ‐ ‐ ‐ ‐ ‐ U‐4Well ConstructionWater Trunk Fund ‐ FeesIP‐ ‐ 100,000 1,800,000 ‐ 1,900,000 U‐5Watermain Trunk ExtensionsWater Trunk Fund ‐ FeesR 265,000 265,000 265,000 265,000 265,000 1,325,000 U‐6Water Distribution FeaturesWater Trunk Fund ‐ FeesR 60,000 150,000 ‐ 150,000 ‐ 360,000 U‐7Well and Pump RehabilitationWater Operating Fund ‐ User FeesR 100,000 200,000 200,000 100,000 300,000 900,000 U‐8Tower and Reservoir MaintenanceWater Operating Fund ‐ User FeesR‐ 1,000,000 ‐ ‐ 150,000 1,150,000 U‐9Water meter replacementWater Operating Fund ‐ User FeesR 150,000 300,000 300,000 300,000 300,000 1,350,000 U‐10 Fiber Optic Cable ConnectionWater Operating Fund ‐ User FeesIP 45,000 37,000 37,000 40,000 30,000 189,000 Sanitary Sewer Operating Fund ‐ User Fees25,000 25,000 25,000 30,000 30,000 135,000 Water Trunk Fund ‐ Fees (conduit costs included above with street projects)‐ ‐ ‐ ‐ ‐ ‐ Sanitary Sewer Trunk Fund ‐ Fees (conduit costs included above with street projects)‐ ‐ ‐ ‐ ‐ ‐ Total Utility Projects* 3,500,000$ 2,732,000$ 1,812,000 3,610,000 2,000,000$ 13,654,000 *(Excludes utility replacements done with street reconstruction projects)Page 33Page 339 of 379
TotalCIP #ProjectFunding Source Project Type Status* 2025 2026 2027 2028 2029 2025‐2029ENVIRONMENTAL RESOURCES PROJECTSER‐1Water Quality/Conservation Projects Environmental Resources User FeesR Water Quality BMPs75,000 75,000 75,000 75,000 75,000 375,000 Urban Restoration‐ Public System Initiatives10,000 10,000 10,000 10,000 10,000 50,000 Water Conservation‐ Public System Improvements20,000 20,000 20,000 20,000 20,000 100,000 105,000 105,000 105,000 105,000 105,000 525,000 ER‐2Lake ManagementREnvironmental Resources ‐ User Fees (water quality assessment) 60,000 60,000 60,000 60,000 60,000 300,000 Environmental Resources ‐ User Fees (water quality treatment) 15,000 15,000 15,000 15,000 15,000 75,000 Dakota County35,000 35,000 35,000 35,000 35,000 175,000 110,000 110,000 110,000 110,000 110,000 550,000 ER‐3 Stormwater Infrastructure MaintenanceEnvironmental Resources ‐ User FeesR‐ Stormwater Basin Rehabilitation350,000 350,000 350,000 350,000 350,000 1,750,000 Stormwater Infrastructure Maintenance/Rehabilitation190,000 190,000 190,000 190,000 190,000 950,000 FES Maintenance‐(MS4 Pond/Outfall Insp)85,000 85,000 85,000 85,000 85,000 425,000 625,000 625,000 625,000 625,000 625,000 3,125,000 ER‐4Storm Water Conveyance System ExpansionStormwater Infrastructure Fund ‐ Fees R 100,000 100,000 100,000 100,000 100,000 500,000 100,000 100,000 100,000 100,000 100,000 500,000 ER‐5Forestry (Ash tree injection/removal, reforestation parks/public spaces)RGeneral Fund (Ash tree injection)62,000 62,000 62,000 62,000 62,000 310,000 General Fund (Ash tree removal)43,000 43,000 43,000 43,000 43,000 215,000 General Fund (Reforestation)25,000 25,000 25,000 25,000 25,000 125,000 130,000 130,000 130,000 130,000 130,000 650,000 ER‐6 Vegetation Maintenance‐ City Outlots/Public landEnvironmental Resources ‐ User FeesR 140,000 140,000 140,000 140,000 140,000 700,000 140,000 140,000 140,000 140,000 140,000 700,000 20‐45 165th St Drainage System ImprovementsIPStormwater Infrastructure Fund ‐ Fees275,000 ‐ ‐ ‐ ‐ 275,000 275,000 ‐ ‐ ‐ ‐ 275,000 23‐58 East Lake Rough Fish BarrierNEnvironmental Resources ‐ User Fees50,000 ‐ ‐ 50,000 50,000 ‐ ‐ ‐ ‐ 50,000 24‐44 Stormwater Management Improvements at Greenridge ParkNStormwater Infrastructure Fund ‐ Fees24,000 76,000 ‐ ‐ ‐ 100,000 VRWJPO‐ 200,000 ‐ 200,000 24,000 276,000 ‐ ‐ ‐ 300,000 Total Environmental Resources Projects 1,559,000$ 1,486,000$ 1,210,000$ 1,210,000$ 1,210,000$ 6,675,000$ Page 34Page 340 of 379
TotalCIP #ProjectFunding Source Project Type Status* 2025 2026 2027 2028 2029 2025‐2029PARKS PROJECTSP‐1Parks Major MaintenancePark Improvement FundRGeneral Maintenance18,250 18,250 18,500 19,500 19,500 94,000 Buildings/Shelters/Grounds55,000 40,000 40,000 54,500 48,500 238,000 Court Reconstruction/Resurfacing13,200 7,000 30,000 22,000 12,000 84,200 Field Improvements/Maintenance91,000 44,000 44,000 46,000 46,000 271,000 Open space improvement and maintenance40,000 27,000 27,000 27,000 27,000 148,000 217,450 136,250 159,500 169,000 153,000 835,200 P‐2Park Development ‐ Adminstrative ProjectsRPark Dedication Fund ‐ Fees (future park projects)20,000 20,000 20,000 20,000 20,000 100,000 Park Dedication Fund ‐ Fees (comm./industrial park fee analysis)‐ 15,000 ‐ ‐ ‐ 15,000 Park Dedication Fund ‐ Fees (parks, trails, and open spaces plan)‐ ‐ ‐ 150,000 ‐ 150,000 20,000 35,000 20,000 170,000 20,000 265,000 P‐3Park Development ‐ Developer CreditsRPark Dedication Fund435,000 435,000 435,000 435,000 435,000 2,175,000 435,000 435,000 435,000 435,000 435,000 2,175,000 P‐4 Future Park Land AcquisitionRPark Dedication Fund ‐ Fees‐ ‐ ‐ 100,000 100,000 200,000 ‐ ‐ ‐ 100,000 100,000 200,000 P‐5Trail Improvements (Various Trails)RTrail Improvement Fund530,000 830,000 530,000 612,000 610,000 3,112,000 Park Dedication Fund (trail connectivity‐ general)‐ ‐ ‐ 100,000 100,000 200,000 Park Dedication Fund‐ CP25‐01 Eclipse Ave Trail (Outlot A to Greenway) 40,000 ‐ ‐ ‐ ‐ 40,000 Dakota County (contribution toward Eclipse Ave Trail CP25‐01) 40,000 ‐ ‐ ‐ ‐ 40,000 610,000 830,000 530,000 712,000 710,000 3,392,000 P‐6Park Improvements (Various Parks)RPark Improvement Fund‐ playground replacement226,000 346,000 236,000 489,000 372,000 1,669,000 Park Improvement Fund‐ park parking lot improvements90,000 75,000 210,000 113,000 55,000 543,000 Park Improvement Fund‐ other85,000 271,000 356,000 104,000 87,000 903,000 401,000 692,000 802,000 706,000 514,000 3,115,000 P‐7 Pedestrian Crossing ProjectsIPPark Dedication Fund‐Pedestrian Crossing: Ipava Ave. & 183rd St. (CP 23‐xx6) 55,000 ‐ ‐ ‐ ‐ 55,000 55,000 ‐ ‐ ‐ ‐ 55,000 P‐8 Ritter Meadows ParkIPPark Dedication Fund ‐ Fees (planning/design)‐ 58,000 20,000 ‐ ‐ 78,000 Park Dedication Fund ‐ Fees (construction)‐ ‐ 750,000 ‐ ‐ 750,000 ‐ 58,000 770,000 ‐ ‐ 828,000 P‐9 Voyager ParkIPPark Dedication Fund ‐ Fees (planning/design/master plan)20,000 ‐ ‐ ‐ ‐ 20,000 Park Dedication Fund ‐ Fees (construction)700,000 ‐ ‐ ‐ ‐ 700,000 720,000 ‐ ‐ ‐ ‐ 720,000 P‐10 Spyglass Park‐ Phase IIIPPark Dedication Fund ‐ Fees (planning/design/master plan)45,000 20,000 ‐ ‐ ‐ 65,000 Park Dedication Fund ‐ Fees (construction)‐ 400,000 ‐ ‐ ‐ 400,000 45,000 420,000 ‐ ‐ ‐ 465,000 P‐11 Keokuk Avenue/172nd St. ParkIPPark Dedication Fund ‐ Fees (planning/design/master plan)‐ ‐ ‐ ‐ 65,000 65,000 ‐ ‐ ‐ ‐ 65,000 65,000 P‐12 Grand Prairie SkateparkNPark Dedication Fund ‐ Fees (design)‐ ‐ 50,000 ‐ ‐ 50,000 Park Dedication Fund ‐ Fees (construction)‐ ‐ ‐ 600,000 ‐ 600,000 ‐ ‐ 50,000 600,000 ‐ 650,000 Page 35Page 341 of 379
TotalCIP #ProjectFunding Source Project Type Status* 2025 2026 2027 2028 2029 2025‐2029P‐13 Other ProjectsIP/N Park Dedication Fund ‐Art in the Park/Heritage Center 10,000 10,000 10,000 10,000 10,000 50,000 Park Dedication Fund ‐ Fees‐King Park Spectator protection and safety fencing 100,000 ‐ ‐ ‐ ‐ 100,000 Park Dedication Fund ‐ Fees‐ADA Transition Plan‐ 200,000 ‐ ‐ ‐ 200,000 Park Dedication Fund ‐ Fees‐ Pickleball courts‐ S side of city (Wild Meadows/Hasse)‐ ‐ 175,000 ‐ ‐ 175,000 Park Dedication Fund ‐ Fees‐ Tree Planting15,000 15,000 15,000 15,000 15,000 75,000 Park Dedication Fund ‐ Fees‐ Security cameras‐ TBD/Antlers Shelters 20,000 ‐ ‐ ‐ ‐ 20,000 Park Dedication Fund ‐ Fees‐ Other amenities to be determined‐ ‐ ‐ 300,000 300,000 600,000 145,000 225,000 200,000 325,000 325,000 1,220,000 23‐13 Klamath Trail Retaining WallIPTrail Improvement Fund‐ ‐ 1,500,000 ‐ ‐ 1,500,000 ‐ ‐ 1,500,000 ‐ ‐ 1,500,000 24‐20Grand Prairie Park‐formerly known as Avonlea Community Park ‐ Note 1 (referendum bonds)IPPark Bonds Fund (construction)2,102,625 ‐ ‐ ‐ ‐ 2,102,625 2,102,625 ‐ ‐ ‐ ‐ 2,102,625 25‐15 North Creek Greenway Trail/TrailheadIPPark Dedication Fund ‐ Fees (construction)90,000 90,000 Dakota County (contribution to North Creek Greenway Trailhead) 510,000 510,000 Trail Improvement Fund (CP25‐15A / North Creek Trail, 173rd to East Park) 30,000 ‐ 30,000 Trail Improvement Fund (CP26‐15B‐North Creek Trl East Park to 160th‐ 30,000 30,000 Dakota County (contribution to North Creek Greenway Trails) 170,000 170,000 340,000 800,000 200,000 ‐ ‐ ‐ 1,000,000 25‐20East Community Park Phase II ‐ Note 1 (referendum bonds)IPPark Bonds Fund (planning/design)350,000 200,000 ‐ ‐ ‐ 550,000 Park Bonds Fund (construction)‐ 1,825,000 ‐ ‐ ‐ 1,825,000 Park Dedication Fund ‐ Fees (construction)‐ 150,000 ‐ ‐ ‐ 150,000 Dakota County (contribution to East Community Park Trailhead)‐ 400,000 ‐ ‐ ‐ 400,000 350,000 2,575,000 ‐ ‐ ‐ 2,925,000 Total Parks Projects 5,901,075$ 5,606,250$ 4,466,500$ 3,217,000$ 2,322,000$ 21,512,825$ Equipment Plan‐ Totals by department included below, various funding sourcesFacilities59,977 33,401 ‐ ‐ ‐ 93,378 City Clerk‐ 318,000 ‐ ‐ ‐ 318,000 Inspections‐ ‐ 43,600 ‐ ‐ 43,600 Police965,458 758,972 1,526,583 724,890 1,264,623 5,240,526 Fire193,963 433,300 409,880 157,920 172,500 1,367,563 Engineering‐ ‐ ‐ ‐ 57,500 57,500 Construction Services65,495 69,425 54,500 ‐ 32,174 221,594 Streets1,364,179 1,098,925 1,578,395 1,282,726 635,618 5,959,843 Forestry54,044 57,287 ‐ ‐ ‐ 111,331 Parks593,647 611,157 742,333 716,699 339,965 3,003,801 Environmental Resources‐ ‐ 33,756 ‐ ‐ 33,756 Communications33,000 45,000 45,000 40,000 52,000 215,000 Utilities‐ Water/Sewer124,579 366,743 127,705 128,494 389,674 1,137,195 Total Planned Equipment Purchases 3,454,342$ 3,792,210$ 4,561,752$ 3,050,729$ 2,944,054$ 17,803,087$ Page 36Page 342 of 379
TotalCIP #ProjectFunding Source Project Type Status* 2025 2026 2027 2028 2029 2025‐2029Facilities Plan‐ Totals by facility included below, various funding sourcesArt Center‐Performing Arts (LAAC building)210,000 90,000 135,000 ‐ 2,368 437,368 Art Center‐Fine Arts (ALC building)20,000 ‐ 570,000 ‐ ‐ 590,000 Heritage Center748,000 ‐ ‐ 108,000 96,160 952,160 Central Maintenance Facility458,000 356,000 17,660,000 300,000 797,704 19,571,704 City Hall105,000 100,000 ‐ 135,000 17,051 357,051 Fire Station #1275,000 ‐ ‐ 20,791,940 ‐ 21,066,940 Fire Station #2‐ 20,268,200 ‐ ‐ ‐ 20,268,200 Fire Station #3‐ ‐ 20,330,800 ‐ ‐ 20,330,800 Fire Station #448,000 7,000 30,000 ‐ 124,700 209,700 Police Station80,000 275,000 ‐ 15,000 133,875 503,875 Heritage Liquor Store‐ ‐ ‐ 65,000 ‐ 65,000 Kenrick Liquor Store‐ 40,000 ‐ ‐ ‐ 40,000 Keokuk Liquor Store60,000 ‐ ‐ ‐ ‐ 60,000 Public Safety Training Facility24,000,000 ‐ ‐ ‐ ‐ 24,000,000 Water Treatment Facility4,500,000 863,000 21,750,000 140,000 179,960 27,432,960 Total Planned Facility Expenditures 30,504,000$ 21,999,200$ 60,475,800$ 21,554,940$ 1,351,818$ 135,885,758$ Technology Plan‐ Total use of FundsSee Technology Plan attachment for breakout by department/cost type 611,908 288,314 692,574 689,088 424,603 2,706,487 Total Planned Technology Equipment Expenditures 611,908$ 288,314$ 692,574$ 689,088$ 424,603$ 2,706,487$ TOTAL‐ ALL PROJECTS 66,768,570$ 75,130,476$ 106,173,039$ 48,487,582$ 20,312,194$ 316,871,861 *Status KeyRThese are recurring annual projects. The costs may have changed slightly from the prior year CIP due to revised estimates, and a subsequent year added to the CIP.IP These projects were included in a prior year CIP. The costs and funding sources may have been revised due to more accurate estimates since the prior CIP.NThese projects are new to the CIP this year. Note 1‐ The majority of this project is anticipated to be funded with bonds. Park projects funded primarily by referendum bonds (where Note 1 is indicated). Park Bond Fund timing shows planned use of bonds, not bondissuance year. Bond funds will be spent first, and any overage on the project will be paid by the Park Dedication Fund.Note 2‐ This project was substantially completed during the current year or a prior year, and is included in the 2025‐2029 CIP only to reflect the related future repayment of an advance to Dakota County in one of the years presented.Note 3‐These new trail and trail lighting costs are planned to be incurred in conjunction with a larger roadway project included in the transportation section of the 2025‐2029 CIP. Page 37Page 343 of 379
TotalCIP #Financing / ProjectStatus* 2025 2026 2027 2028 2029 2025‐2029Escrow23‐04179th St/Future CSAH 9 (Highview Ave ‐ Cedar Ave) / Dodd Blvd (Gerdine Path‐ Dodd Lane)IP 690,000 ‐ ‐ ‐ ‐ 690,000 24‐05179th St Bridge and Future CSAH 9IP‐ 800,000 ‐ ‐ ‐ 800,000 25‐04185th St/CSAH60 (Kenwood Tr‐Ipava Ave)IP 116,065 ‐ ‐ ‐ ‐ 116,065 25‐05Holyoke/Highview Avenue ReconstructionIP‐ ‐ 657,600 ‐ ‐ 657,600 26‐04Dodd Blvd/CSAH9 (210th St ‐ Kenwood Tr/CSAH 50) IP‐ ‐ 292,029 ‐ ‐ 292,029 28‐04Dodd Blvd/CSAH 9 Modernization (215th St‐ 210th St.) N‐ ‐ ‐ 196,000 ‐ 196,000 Total Escrows 806,065 800,000 949,629 196,000 ‐ 2,751,694 0G.O. Improvement Bonds ‐ Special AssessmentsXX‐02 Street Reconstruction R 645,000 ‐ ‐ 875,000 ‐ 1,520,000 XX‐03 Collector Roadway Rehabilitation R‐ ‐ 350,000 ‐ ‐ 350,000 Total G.O. Improvement Bonds ‐ Special Assessments 645,000 ‐ 350,000 875,000 ‐ 1,870,000 G.O. Improvement Bonds ‐Property Tax LevyXX‐02 Street Reconstruction (current year project costs) R 3,500,000 3,425,000 3,530,000 3,635,000 3,745,000 17,835,000 XX‐03 Collector Roadway Rehabilitation R 683,245 490,707 2,750,000 2,743,425 889,719 7,557,096 Total G.O. Improvement Bonds ‐ Taxes 4,183,245 3,915,707 6,280,000 6,378,425 4,634,719 25,392,096 G.O. Improvement Bonds‐ Total 4,828,245 3,915,707 6,630,000 7,253,425 4,634,719 27,262,096 Municipal State Aid/Municipal State Aid BondsXX‐01Pavement Management ‐ MaintenanceR 120,000 120,000 120,000 120,000 120,000 600,000 22‐03 210th St Reconstruction IP 524,000 ‐ ‐ ‐ ‐ 524,000 23‐04179th St/Future CSAH 9 (Highview Ave ‐ Cedar Ave) / Dodd Blvd (Gerdine Path‐ Dodd Lane) IP3,067,930 ‐ ‐ ‐ ‐ 3,067,930 24‐04185th St/Future CSAH 60 (Dodd Blvd ‐ Highview Ave) IP 430,000 2,300,000 ‐ ‐ ‐ 2,730,000 24‐05179th St Bridge and Future CSAH 9IP‐ 2,440,200 ‐ ‐ ‐ 2,440,200 25‐04185th St/CSAH60 (Kenwood Tr‐Ipava Ave)IP 135,000 281,763 1,417,500 2,840,000 ‐ 4,674,263 25‐05Holyoke/Highview Avenue ReconstructionIP‐ 1,955,000 3,192,400 ‐ 1,255,000 6,402,400 26‐04CSAH 9 Modernization (210th St‐ CSAH 50)IP 135,000 270,000 917,971 ‐ ‐ 1,322,971 26‐05Interstate 35/CSAH 50 Interchange Reconstruction IP‐ 75,000 260,852 ‐ 1,605,000 1,940,852 28‐04Dodd Blvd/CSAH 9 Modernization (215th St‐ 210th St.) N‐ 80,325 162,435 421,610 ‐ 664,370 Total Municipal State Aid 4,411,930 7,522,288 6,071,158 3,381,610 2,980,000 24,366,986 Municipal State Aid/Municipal State Aid Bonds‐ Special Assessments25‐05Holyoke/Highview Avenue ReconstructionIP‐ ‐ 350,000 ‐ ‐ 350,000 Total Municipal State Aid Assessments‐ ‐ 350,000 ‐ ‐ 350,000 Property Taxes and Fund Balance ReservesXX‐02 Street Reconstruction R‐ 155,000 155,000 155,000 155,000 620,000 22‐16 Freight Rail Car Storage and Transload Facility IP 150,000 ‐ ‐ ‐ ‐ 150,000 XX‐01 Pavement Management ‐ Maintenance R 2,130,500 2,195,000 2,260,000 2,330,000 2,400,000 11,315,500 XX‐10 Pavement Management ‐ County pavement preservation R 30,000 ‐ 25,000 ‐ ‐ 55,000 26‐07 Pavement Management fund‐CSAH 60 Alignment Study (CSAH 23‐ Flagstaff Ave) N‐ 78,750 ‐ ‐ ‐ 78,750 26‐15 Pavement Management fund‐ Lake Marion Greenway IP‐ 200,000 ‐ ‐ ‐ 200,000 Total Property Taxes and Fund Balance Reserves 2,310,500 2,628,750 2,440,000 2,485,000 2,555,000 12,419,250 City of Lakeville, MinnesotaCapital Improvements PlanProjects by Funding Source2025‐2029Page 38Page 344 of 379
TotalCIP #Financing / ProjectStatus* 2025 2026 2027 2028 2029 2025‐2029Dakota County (Transportation Projects only) Dakota County share of Project costs: ‐ ‐ ‐ ‐ ‐ ‐ 24‐05179th St Bridge and Future CSAH 9IP‐ 6,850,000 ‐ ‐ ‐ 6,850,000 25‐04185th St/CSAH60 (Kenwood Tr‐Ipava Ave)IP 5,700,000 ‐ ‐ ‐ ‐ 5,700,000 26‐04CSAH 9 Modernization (210th St‐ CSAH 50)IP 765,000 1,530,000 7,397,500 ‐ ‐ 9,692,500 26‐05Interstate 35/CSAH 50 Interchange Reconstruction IP‐ ‐ 1,643,161 ‐ ‐ 1,643,161 26‐15Lake Marion GreenwayN 162,000 1,608,000 ‐ ‐ 345,000 2,115,000 28‐04Dodd Blvd/CSAH 9 Modernization (215th St‐ 210th St.) N‐ 455,175 920,465 3,499,790 ‐ 4,875,430 Total Dakota County share of project costs 6,627,000 10,443,175 9,961,126 3,499,790 345,000 30,876,091 Dakota County advance funding of city costs (City to repay three years later) 22‐03 210th St Reconstruction IP (524,000) ‐ ‐ ‐ ‐ (524,000) 23‐04179th St/Future CSAH 9 (Highview Ave ‐ Cedar Ave) / Dodd Blvd (Gerdine Path‐ Dodd Lane) IP(4,527,875) ‐ ‐ ‐ ‐ (4,527,875) 24‐04185th St/Future CSAH 60 (Dodd Blvd ‐ Highview Ave) IP (430,000) (2,300,000) ‐ ‐ ‐ (2,730,000) 25‐04185th St/CSAH60 (Kenwood Tr‐Ipava Ave)IP 2,838,935 (281,763) (1,417,500) (2,840,000) ‐ (1,700,328) 26‐05Interstate 35/CSAH 50 Interchange Reconstruction IP‐ 1,605,000 3,375,000 ‐ (1,605,000) 3,375,000 Total Dakota County advances (net of repayments during years shown) (2,642,940) (976,763) 1,957,500 (2,840,000) (1,605,000) (6,107,203) Total Dakota County (transportation contributions/advances) 3,984,060 9,466,412 11,918,626 659,790 (1,260,000) 24,768,888 OtherXX‐03Other grant‐ Judicial Rd (Credit River)R‐ 490,707 ‐ ‐ ‐ 490,707 25‐04Other state funding‐ Safe Routes to School grant‐ 185th St/CSAH 60 (Kenwood Tr‐Ipava Ave) IP 704,500 ‐ ‐ ‐ ‐ 704,500 22‐16Other state funding (project subject to grant Funding)‐ Freight Rail Car Storage Transload Facility IP‐ 7,000,000 ‐ ‐ ‐ 7,000,000 22‐16Other federal funding (project subject to grant Funding)‐ Freight Rail Car Storage Transload Facility IP‐ 750,000 ‐ ‐ ‐ 750,000 22‐08Other funding (Centerpoint Energy)IP 140,000 ‐ ‐ ‐ ‐ 140,000 Total Other 844,500 8,240,707 ‐ ‐ ‐ 9,085,207 Total Transportation Projects 17,185,300 32,573,864 28,359,413 13,975,825 8,909,719 101,004,121 Water Trunk Fund ‐ Fees24‐05179th St Bridge and Future CSAH 9IP‐ 590,000 ‐ ‐ ‐ 590,000 25‐04Fiber Conduit‐ 185th St/CSAH60 (Kenwood Tr‐Ipava Ave) IP 50,000 ‐ ‐ ‐ ‐ 50,000 26‐05Interstate 35/CSAH 50 Interchange Reconstruction‐ Fiber conduit N‐ ‐ 10,000 ‐ ‐ 10,000 U‐4Well ConstructionR‐ ‐ 100,000 1,800,000 ‐ 1,900,000 U‐5Watermain Trunk ExtensionsR 265,000 265,000 265,000 265,000 265,000 1,325,000 U‐6Water Distribution FeaturesR 60,000 150,000 ‐ 150,000 ‐ 360,000 Total Water Trunk Fund 375,000 1,005,000 375,000 2,215,000 265,000 4,235,000 Water Operating Fund ‐ FeesU‐7Well and Pump RehabilitationR 100,000 200,000 200,000 100,000 300,000 900,000 U‐8Tower and Reservoir MaintenanceR‐ 1,000,000 ‐ ‐ 150,000 1,150,000 U‐9Water Meter ReplacementR 150,000 300,000 300,000 300,000 300,000 1,350,000 U‐10Fiber Optic Cable ConnectionN 45,000 37,000 37,000 40,000 30,000 189,000 XX‐02Watermain Replacement/Repair (XX‐02 Street Reconstruction project) R 900,000 470,000 470,000 470,000 470,000 2,780,000 XX‐03Watermain Replacement/Repair (XX‐03 Collector Roadway Rehab project) R 35,000 50,000 100,000 100,000 50,000 335,000 xx‐10Watermain Replacement/Repair (XX‐10 Dakota County pavement preservation) R 10,000 5,000 5,000 ‐ ‐ 20,000 XX‐01Watermain Replacement/Repair (XX‐01 misc street repairs project) R 100,000 100,000 100,000 100,000 100,000 500,000 25‐04185th St/CSAH60 (Kenwood Tr‐Ipava Ave)IP 150,000 ‐ ‐ ‐ ‐ 150,000 25‐05Holyoke/Highview Avenue ReconstructionIP‐ ‐ 75,000 ‐ ‐ 75,000 26‐04CSAH 9 Modernization (210th St‐ CSAH 50)IP‐ ‐ 2,500 ‐ ‐ 2,500 Total Water Operating Fund 1,490,000 2,162,000 1,289,500 1,110,000 1,400,000 7,451,500 Total Water System 1,865,000 3,167,000 1,664,500 3,325,000 1,665,000 11,686,500 Page 39Page 345 of 379
TotalCIP #Financing / ProjectStatus* 2025 2026 2027 2028 2029 2025‐2029Sanitary Sewer Trunk Fund ‐ Fees24‐09Sanitary Sewer Trunk Fund ‐ FeesN 2,000,000 ‐ ‐ ‐ ‐ 2,000,000 25‐04185th St/CSAH60 (Kenwood Tr‐Ipava Ave)IP 15,000 ‐ ‐ ‐ ‐ 15,000 26‐05Interstate 35/CSAH 50 Interchange Reconstruction‐ Fiber conduit (lift station connectivity)‐ ‐ 10,000 ‐ ‐ 10,000 26‐15Lake Marion Greenway‐ Fiber conduit (lift station connectivity)‐ 90,000 ‐ ‐ ‐ 90,000 xx‐03Fiber conduit‐ lift station connectivity‐ ‐ 50,000 ‐ ‐ 50,000 ‐ U‐1Sanitary Sewer Trunk ExtensionsR 75,000 75,000 75,000 75,000 75,000 375,000 Total Sanitary Sewer Trunk Fund 2,090,000$ 165,000$ 135,000$ 75,000$ 75,000$ 2,540,000$ Sanitary Sewer Operating Fund ‐ User FeesU‐3Sanitary Sewer Inflow/Infiltration RepairsR 575,000 575,000 575,000 575,000 575,000 2,875,000 U‐2Sanitary Sewer Lift Station RehabilitationR 205,000 105,000 235,000 275,000 275,000 1,095,000 U‐10Fiber Optic Cable ConnectionN 25,000 25,000 25,000 30,000 30,000 135,000 XX‐01Sanitary Sewer Rehabilitation (XX‐01 misc street repairs project) R 100,000 100,000 100,000 100,000 100,000 500,000 XX‐02Sanitary Sewer Rehabilitation (XX‐02 Street Reconstruction project) R 250,000 250,000 250,000 250,000 250,000 1,250,000 XX‐03Sanitary Sewer Rehabilitation (XX‐03 Collector Roadway Rehab project) R 5,000 15,000 25,000 25,000 15,000 85,000 xx‐10Sanitary Sewer Rehabilitation (XX‐10 Dakota County pavement preservation) R 10,000 5,000 5,000 ‐ ‐ 20,000 25‐04185th St/CSAH60 (Kenwood Tr‐Ipava Ave)IP 15,000 ‐ ‐ ‐ ‐ 15,000 25‐05Holyoke/Highview Avenue ReconstructionIP‐ ‐ 145,000 ‐ ‐ 145,000 26‐04CSAH 9 Modernization (210th St‐ CSAH 50)IP‐ ‐ 5,000 ‐ ‐ 5,000 Total Sanitary Sewer Operating Fund 1,185,000$ 1,075,000$ 1,365,000$ 1,255,000$ 1,245,000$ 6,125,000$ Total Sanitary Sewer System 3,275,000$ 1,240,000$ 1,500,000$ 1,330,000$ 1,320,000$ 8,665,000$ Street Light Operating Fund ‐ User Fees24‐05179th St Bridge and Future CSAH 9IP‐ 67,500 ‐ ‐ ‐ 67,500 25‐04185th St/CSAH60 (Kenwood Tr‐Ipava Ave)IP 10,000 ‐ ‐ ‐ ‐ 10,000 25‐05Holyoke/Highview Avenue ReconstructionIP‐ ‐ 50,000 ‐ ‐ 50,000 26‐04CSAH 9 Modernization (210th St‐ CSAH 50)IP‐ ‐ 10,000 ‐ ‐ 10,000 26‐06CSAH 50 Roundabout at Hamburg AveN‐ 30,000 ‐ ‐ ‐ 30,000 Total Street Light Operating Fund 10,000$ 97,500$ 60,000$ ‐$ ‐$ 167,500$ Stormwater Infrastructure Fund‐ Fees20‐45165th St Drainage System ImprovementsIP 275,000 ‐ ‐ ‐ ‐ 275,000 24‐05179th St Bridge and Future CSAH 9IP‐ 2,232,825 ‐ ‐ ‐ 2,232,825 24‐44Stormwater Management Improvements at Greenridge ParkN 24,000 76,000 ‐ ‐ ‐ 100,000 25‐04185th St/CSAH60 (Kenwood Tr‐Ipava Ave)IP 1,300,000 ‐ ‐ ‐ ‐ 1,300,000 25‐05Holyoke/Highview Avenue ReconstructionIP‐ ‐ 1,035,000 ‐ ‐ 1,035,000 26‐04CSAH 9 Modernization (210th St‐ CSAH 50)IP‐ ‐ 250,000 ‐ ‐ 250,000 26‐05Interstate 35/CSAH 50 Interchange Reconstruction‐ ‐ 135,000 ‐ ‐ 135,000 XX‐02Storm Water Management Improvements ‐ Street Reconstruction R 105,000 105,000 105,000 105,000 105,000 525,000 ER‐4Storm Water Conveyance System ExpansionR 100,000 100,000 100,000 100,000 100,000 500,000 Total Stormwater Infrastructure Fund 1,804,000 2,513,825 1,625,000 205,000 205,000 6,352,825 Environmental Resources ‐ FeesER‐1Water Quality BMPsR 75,000 75,000 75,000 75,000 75,000 375,000 ER‐1Urban Restoration‐ Public System InitiativesR 10,000 10,000 10,000 10,000 10,000 50,000 ER‐1Water Conservation‐ Public System ImprovementsR 20,000 20,000 20,000 20,000 20,000 100,000 ER‐2Lake ManagementR 75,000 75,000 75,000 75,000 75,000 375,000 ER‐3Storm Water Basin RehabilitationR 350,000 350,000 350,000 350,000 350,000 1,750,000 ER‐3Stormwater Infrastructure Maintenance/Rehabilitation R 190,000 190,000 190,000 190,000 190,000 950,000 ER‐3FES Maintenance‐(MS4 Pond/Outfall Insp)R 85,000 85,000 85,000 85,000 85,000 425,000 ER‐6Vegetation Maintenance‐City Outlots/LandR 140,000 140,000 140,000 140,000 140,000 700,000 23‐58East Lake Rough Fish BarrierN 50,000 ‐ ‐ ‐ ‐ 50,000 Total Environmental Resources Fund 995,000 945,000 945,000 945,000 945,000 4,775,000 Page 40Page 346 of 379
TotalCIP #Financing / ProjectStatus* 2025 2026 2027 2028 2029 2025‐2029Dakota County (Utility/Environmental Resources projects only)24‐44Vermillion‐ Stormwater Management Improvements at Greenridge Park N‐ 200,000 ‐ ‐ ‐ 200,000 ER‐2Dakota County Lake Management assessment/treatment R 35,000 35,000 35,000 35,000 35,000 175,000 Total Dakota County (Environmental Resources contributions) 35,000 235,000 35,000 35,000 35,000 375,000 General FundER‐5ForestryR 130,000 130,000 130,000 130,000 130,000 650,000 26‐04Fiber conduit (siren connection)‐ CSAH 9 Modernization (210th St‐ CSAH 50)‐ ‐ 40,000 ‐ ‐ 40,000 26‐05Fiber conduit (siren connection)‐ Interstate 35/CSAH 50 Interchange Reconstruction‐ ‐ 10,000 ‐ ‐ 10,000 Total General Fund 130,000 130,000 180,000 130,000 130,000 700,000 Total Utility/Natural Resources System Projects 8,114,000$ 8,328,325$ 6,009,500$ 5,970,000$ 4,300,000$ 32,721,825$ Dakota County (Park projects only)P‐5Eclipse Ave Trail CP25‐01N 40,000 ‐ ‐ ‐ ‐ 40,000 25‐15North Creek Greenway Trailhead (Park Dedication project) IP 510,000 510,000 25‐15North Creek Greenway Trails (Trail improvement project) IP 170,000 170,000 340,000 25‐20East Community Park TrailheadIP‐ 400,000 ‐ ‐ ‐ 400,000 Total Dakota County (Park contributions) 720,000 570,000 ‐ ‐ ‐ 1,290,000 Park Improvement Fund ‐ TaxesP‐1Park Major Maintenance217,450 136,250 159,500 169,000 153,000 835,200 P‐6Park Improvements‐ playground replacements (Various Parks)R226,000 346,000 236,000 489,000 372,000 1,669,000 P‐6Park Improvements‐ parking lot improvements (at parks)R90,000 75,000 210,000 113,000 55,000 543,000 P‐6Park Improvements‐ otherR85,000 271,000 356,000 104,000 87,000 903,000 26‐15Lake Marion Greenway‐Ritter Farm parking lot/roadway improvementsN‐ 225,000 ‐ ‐ ‐ 225,000 Total Park Improvement Fund 618,450 1,053,250 961,500 875,000 667,000 4,175,200 Trail Improvement Fund ‐ TaxesP‐5Trail improvementR 530,000 830,000 530,000 612,000 610,000 3,112,000 23‐13 Klamath Trail Retaining Wall IP‐ ‐ 1,500,000 ‐ ‐ 1,500,000 26‐15ATrail Reconstruction CP26‐15A / Ritter to Dodd Blvd‐ 53,000 ‐ ‐ ‐ 53,000 26‐15BTrail Reconstruction CP26‐15B / Dodd Blvd To 208th St Cul de Sac‐ 57,000 ‐ ‐ ‐ 57,000 25‐05Trail Reconstruction CP25‐05 / Highview Ave ‐ ‐ 200,000 ‐ ‐ 200,000 25‐15ATrail Reconstruction CP25‐15A / North Creek Trail, 173rd to East Park30,000 ‐ ‐ ‐ ‐ 30,000 25‐15BTrail Reconstruction CP25‐15B / North Creek Trail, East Park to 160th ‐ 30,000 ‐ ‐ ‐ 30,000 Total Trail Improvement Fund 560,000 970,000 2,230,000 612,000 610,000 4,982,000 Park Bonds Fund24‐20Grand Prairie Park (Avonlea) Note 1 (referendum bonds)IP 2,102,625 ‐ ‐ ‐ ‐ 2,102,625 25‐20East Community Park Phase II ‐ Note 1 (referendum bonds)IP 350,000 2,025,000 ‐ ‐ ‐ 2,375,000 2,452,625 2,025,000 ‐ ‐ ‐ 4,477,625 Page 41Page 347 of 379
TotalCIP #Financing / ProjectStatus* 2025 2026 2027 2028 2029 2025‐2029Park Dedication Fund ‐ FeesP‐2Park Development ‐ Adminstrative ProjectsR 20,000 35,000 20,000 170,000 20,000 265,000 P‐3Park Development ‐ Developer CreditsR 435,000 435,000 435,000 435,000 435,000 2,175,000 P‐4Future Park Land AcquisitionR‐ ‐ ‐ 100,000 100,000 200,000 P‐5Other New TrailsIP‐ ‐ ‐ 100,000 100,000 200,000 P‐7Pedestrian Crossing ProjectsIP 55,000 ‐ ‐ ‐ ‐ 55,000 P‐8Ritter Meadows ParkIP‐ 58,000 770,000 ‐ ‐ 828,000 P‐9Voyager ParkIP 720,000 ‐ ‐ ‐ ‐ 720,000 P‐10Spyglass Park‐Phase IIIP 45,000 420,000 ‐ ‐ ‐ 465,000 P‐11Keokuk Ave/ 172nd St. ParkIP‐ ‐ ‐ ‐ 65,000 65,000 P‐12Grand Prairie SkateparkN‐ ‐ 50,000 600,000 ‐ 650,000 P‐13Other projectsIP/N 145,000 225,000 200,000 325,000 325,000 1,220,000 23‐04179th St/Future CSAH9 Trail & Trail Lights‐ Note 3IP 769,945 ‐ ‐ ‐ ‐ 769,945 24‐05179th St Bridge and Future CSAH 9IP‐ 67,313 ‐ ‐ ‐ 67,313 25‐04185th St (Kenwood Tr‐Ipava Ave)‐ Trail & trail lights‐ Note 3IP 200,000 ‐ ‐ ‐ ‐ 200,000 25‐05Holyoke/Highview Avenue ReconstructionIP‐ ‐ 1,200,000 ‐ ‐ 1,200,000 25‐15North Creek Greenway Trail/TrailheadIP 90,000 90,000 25‐20East Community Park Phase II ‐Note 1 (excess costs beyond referendum bonds)IP‐ 150,000 ‐ ‐ ‐ 150,000 26‐04Dodd Blvd/CSAH 9 (210th St‐Kenwood Trl/CSAH 50)‐ Trail & trail lights‐ Note 3IP‐ ‐ 97,500 ‐ ‐ 97,500 27‐03Fiber conduit (new) for park connectivity‐ Kenyon Ave N of CR60; 205th StN‐ ‐ 100,000 ‐ ‐ 100,000 26‐05Fiber conduit (new) for park connectivity‐ I35 interchange; Klamath to KenrickN‐ ‐ 10,000 ‐ ‐ 10,000 26‐15Lake Marion Greenway‐ Fiber conduit (parks connectivity) N‐ 90,000 ‐ ‐ ‐ 90,000 26‐15Lake Marion Greenway‐ TrailsN 28,000 2,050,000 ‐ ‐ 60,000 2,138,000 P‐5Eclipse Ave Trail CP25‐01N 40,000 ‐ ‐ ‐ ‐ 40,000 28‐04Dodd Blvd/CSAH 9 Modernization (215th St‐ 210th St.) N‐ ‐ ‐ 30,000 ‐ 30,000 Total Park Dedication Fund 2,547,945 3,530,313 2,882,500 1,760,000 1,105,000 11,825,758 Total‐ Parks Projects 6,899,020$ 8,148,563$ 6,074,000$ 3,247,000$ 2,382,000$ 26,750,583$ Page 42Page 348 of 379
TotalCIP #Financing / ProjectStatus* 2025 2026 2027 2028 2029 2025‐2029Equipment Plan‐ Totals by funding source belowEquipment Fund Interest Earnings53,566 18,021 9,639 9,498 8,453 99,177 Equipment Fund Balance use (surplus)1,777,225 419,121 7,052 52,237 (316,247) 1,939,388 General Fund125,472 102,825 98,100 ‐ 89,674 416,071 Tax Levy‐ Equipment500,000 2,000,000 3,400,000 1,700,000 1,600,000 9,200,000 Liquor Fund contribution500,000 500,000 500,000 780,000 780,000 3,060,000 Environmental Resources Fund‐ contribution40,500 40,500 74,256 40,500 40,500 236,256 Communications Fund33,000 45,000 45,000 40,000 52,000 215,000 Water & Sewer Operating Funds124,579 366,743 127,705 128,494 389,674 1,137,195 Auction/Sale Proceeds300,000 300,000 300,000 300,000 300,000 1,500,000 Total Planned Equipment Purchases 3,454,342 3,792,210 4,561,752 3,050,729 2,944,054 17,803,087 ‐ ‐ ‐ ‐ ‐ ‐ Facilities Plan‐ Totals by funding source belowFacilities Fund Balance use/(surplus)397,924 355,557 926,642 500,952 242,769 2,423,844 Facilities Fund interest earnings51,355 43,396 36,285 17,752 7,733 156,521 Tax Levy‐ Facilities100,000 200,000 250,000 300,000 350,000 1,200,000 General Fund contribution‐ ‐ ‐ ‐ ‐ ‐ Antenna Rental 482,113 497,247 512,873 531,236 571,356 2,594,825 Liquor Fund10,000 40,000 ‐ 65,000 ‐ 115,000 Water Operating Fund1,125,000 488,000 9,875,000 85,000 147,480 11,720,480 Water Trunk Fund/Water Revenue Bonds3,375,000 375,000 11,500,000 ‐ ‐ 15,250,000 Sewer Operating Fund‐ ‐ 375,000 55,000 32,480 462,480 Franchise Fees‐ 4,238,250 4,671,184 3,356,387 ‐ 12,265,821 Bond Proceeds17,792,608 15,761,750 32,328,816 16,643,613 ‐ 82,526,787 Other/Partnership7,170,000 ‐ ‐ ‐ ‐ 7,170,000 Total Planned Facility Expenditures 30,504,000$ 21,999,200$ 60,475,800$ 21,554,940$ 1,351,818$ 135,885,758 Technology Plan‐ Totals by funding source belowTechnology Fund Balance use/(surplus)145,379 (92,557) (18,746) (29,258) (50,666) (45,848) Technology Fund interest earnings4,308 1,400 3,251 3,626 4,211 16,796 Tax Levy‐ Technology Plan300,000 300,000 500,000 550,000 450,000 2,100,000 Communications Fund contribution4,260 5,822 9,547 11,078 1,047 31,754 Liquor Fund contribution67,605 51,981 144,520 83,330 7,817 355,253 Environmental Resources Fund contribution2,385 3,676 9,810 9,630 854 26,355 Utility (Water/Sewer) Fund contribution86,128 16,655 40,790 59,185 9,840 212,598 Lakeville Arenas1,843 1,337 3,402 1,497 1,500 9,579 Total Planned Technology Expenditures 611,908 288,314 692,574 689,088 424,603 2,706,487 ‐$ ‐$ ‐$ ‐$ ‐$ TOTAL‐ ALL PROJECTS 66,768,570$ 75,130,476$ 106,173,039$ 48,487,582$ 20,312,194$ 316,871,861 *Status KeyRThese are recurring annual projects. The costs may have changed slightly from the prior year CIP due to revised estimates, and a subsequent year added to the CIP.IP These projects were included in a prior year CIP. The costs and funding sources may have been revised due to more accurate estimates since the prior CIP.NThese projects are new to the CIP this year. Note 1‐ The majority of this project is anticipated to be funded with bonds. Park projects funded primarily by referendum bonds (where Note 1 is indicated). Park Bond Fund timing shows planned use of bonds, not bond issuance year. Bond funds will be spent first, and any overage on the project will be paid by the Park Dedication Fund.Note 2‐ This project was substantially completed during the current year or a prior year, and is included in the 2025‐2029 CIP only to reflect the related future repayment of an advance to Dakota County in one of the years presented.Note 3‐These new trail and trail lighting costs are planned to be incurred in conjunction with a larger roadway project included in the transportation section of the 2025‐2029 CIP. Page 43Page 349 of 379
CITY OF LAKEVILLE STREET RECONSTRUCTION PLANProject # Project description: 2025 2026 2027 2028 2029 TotalXX‐02Street Reconstruction 4,145,000 3,580,000 3,685,000 4,665,000 3,900,000 19,975,000 XX‐03Collector Rehabilitation 683,245 490,707 3,100,000 2,743,425 889,719 7,907,096 ‐ ‐ ‐ ‐ ‐ ‐ 4,828,245$ 4,070,707$ 6,785,000$ 7,408,425$ 4,789,719$ 27,882,096$ Page 350 of 379
CITY OF LAKEVILLECouncil Work Session 2025 - 2034 FACILITY PLAN8/26/20242024 2023 CF +2025 - 2034Adopted 2024 Est'd 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 TotalsUse of Funds:Art Center- Performing Arts 14,500$ 64,500$ 210,000$ 90,000$ 135,000$ -$ 2,368$ 125,000$ 250,000$ -$ -$ -$ 812,368$ Art Center- Fine Arts (ALC building) 40,000 40,000 20,000 - 570,000 - - - - - - - 590,000 Heritage Center 29,000 29,000 748,000 - - 108,000 96,160 40,000 75,000 40,000 - - 1,107,160 Central Maintenance Facility 473,850 325,842 458,000 356,000 17,660,000 300,000 797,704 - 40,000 21,000 - - 19,632,704 City Hall 539,110 689,110 105,000 100,000 - 135,000 17,051 70,000 30,000 125,000 - - 582,051 Fire Station #1 20,000 - 275,000 - - 20,791,940 - - - - - - 21,066,940 Fire Station #2 32,000 12,000 - 20,268,200 - - - - - - - - 20,268,200 Fire Station #3 28,000 8,000 - - 20,330,800 - - - - - - - 20,330,800 Fire Station #4 20,000 100,000 48,000 7,000 30,000 - 124,700 - - 120,000 - - 329,700 Police Station 80,000 67,500 80,000 275,000 - 15,000 133,875 25,000 600,000 165,000 - - 1,293,875 Heritage Liquor Store108,300 108,300 - - - 65,000 - 8,000 25,000 65,000 - - 163,000 Galaxie Liquor Store93,500 222,220 - - - - - 331,570 65,000 50,000 - - 446,570 Kenrick Liquor Store62,000 62,000 - 40,000 - - - 31,629 - 120,000 26,000 - 217,629 Keokuk Liquor Store31,000 31,000 60,000 - - - - - 10,000 45,000 65,000 - 180,000 Public Safety Training Facility 14,000,000 - 24,000,000 - - - - - - - - - 24,000,000 Water Treatment Facility 452,500 444,500 4,500,000 863,000 21,750,000 140,000 179,960 65,000 - 15,000 - - 27,512,960 Total Use of Funds 16,023,760$ 2,203,972$ 30,504,000$ 21,999,200$ 60,475,800$ 21,554,940$ 1,351,818$ 696,199$ 1,095,000$ 766,000$ 91,000$ -$ 138,533,957$ Source of Funds:Interest Earnings (2%) 13,257$ 13,257$ 51,355$ 43,396$ 36,285$ 17,752$ 7,733$ 2,878$ 17,542$ 10,171$ 13,518$ 26,736$ 227,366$ Annual Levy (Building Fund) - - 100,000 200,000 250,000 300,000 350,000 400,000 1,600,000 General Fund Contribution - - - - - - - - - - - - - Antenna Rental 502,341 502,341 482,113 497,247 512,873 531,236 571,356 590,347 608,875 628,198 647,373 650,175 5,719,793 Liquor Fund 1244,800 373,520 10,000 40,000 - 65,000 - 371,199 100,000 280,000 91,000 - 957,199 Water & Sewer Operating Funds452,500 444,500 1,125,000 488,000 10,250,000 140,000 179,960 65,000 - 15,000 - - 12,262,960 Water & Sewer Trunk Funds / Bonds 1- - 3,375,000 375,000 11,500,000 - - - - - - - 15,250,000 Franchise Fees (reduce Fire station bonds)- - - 4,238,250 4,671,184 3,356,387 - - - - - - 12,265,821 Energy Rebates 50,000 50,000 - - - - - - - - - - - Other/Partnership 14,000,000 800,000 7,170,000 - - - - - - - - - 7,170,000 Bond Proceeds - Ice Arena 1- - - - - - - - - - - - - Bond Proceeds - CMF/Fire/First- - 17,792,608 15,761,750 32,328,816 16,643,613 - - - - - - 82,526,787 Other Ice Arena- - - - - - - - - - - - - Total Source of Funds 15,262,898$ 2,183,618$ 30,106,076$ 21,643,643$ 59,549,158$ 21,053,988$ 1,109,049$ 1,429,424$ 726,417$ 933,369$ 751,891$ 676,911$ 137,979,926$ Change in Fund Balance(760,862)$ (20,354)$ (397,924)$ (355,557)$ (926,642)$ (500,952)$ (242,769)$ 733,225$ (368,583)$ 167,369$ 660,891$ 676,911$ (554,031)$ Beginning Fund Balance 2998,001$ 2,588,094$ 2,567,740$ 2,169,816$ 1,814,259$ 887,617$ 386,665$ 143,896$ 877,121$ 508,538$ 675,907$ 1,336,798$ Ending Fund Balance 2237,139$ 2,567,740$ 2,169,816$ 1,814,259$ 887,617$ 386,665$ 143,896$ 877,121$ 508,538$ 675,907$ 1,336,798$ 2,013,709$ 1. The Liquor Fund, Water/Sewer Funds and the Ice Arena sources/uses NET to zero.2. The fund balance shown is for the Building Fund (Which does not include Liquor, Water/Sewer and Ice Arena)2024-2033 CIP Adopted 15,509,650 15,509,650 3,462,900 1,483,500 33,057,800 760,800 1,679,758 732,199 1,222,000 1,162,000 91,000 - 59,161,607 Variance 514,110 (13,305,678) 27,041,100 20,515,700 27,418,000 20,794,140 (327,940) (36,000) (127,000) (396,000) - - 79,372,350 Page 351 of 379
CITY OF LAKEVILLECouncil Work session 2025 - 2034 EQUIPMENT PLAN8/26/20242024 2023 CF+2025 - 2034FundingADOPTED 2024 Est'd 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 TotalsUse of Funds:FacilitiesGEN FUND-$ -$ 59,977$ 33,401$ -$ -$ -$ -$ -$ -$ -$ -$ 93,378$ Arts CenterGEN FUND36,000 - - - - - - - - - - - - City ClerkEQ FUND20,003 20,003 - 318,000 - - - 23,604 - - - - 341,604 Comm. Develop CodeGEN FUND30,900 - - - - - - - - - - - - InspectionsGEN FUND34,245 34,245 - - 43,600 - - 47,200 48,400 49,600 50,800 52,000 291,600 PoliceEQ FUND946,035 820,983 572,934 663,800 969,023 724,890 1,264,623 822,659 970,720 985,189 604,558 601,073 8,179,469 PD Equipment delayEQ FUND(188,238) - (20,208) 95,172 557,560 632,524 FireEQ FUND775,563 55,463 943,963 2,390,300 34,880 157,920 172,500 5,900 536,437 - 82,550 136,500 4,460,950 Fire Equipment delayEQ FUND(720,100) - (750,000) (1,957,000) 375,000 2,332,000 - EngineeringGEN FUND- - - - - - 57,500 59,000 - - - - 116,500 Construction ServicesGEN FUND- - 65,495 69,425 54,500 - 32,174 59,000 - - - - 280,593 StreetsEQ FUND1,137,139 1,183,081 1,364,179 1,098,925 1,578,395 1,282,726 635,618 961,260 1,247,361 1,362,155 852,324 795,939 11,178,883 ForestryEQ FUND- 54,044 57,287 - - - - - 33,644 - - 144,974 ParksEQ FUND420,240 496,879 593,647 611,157 742,333 716,699 339,965 249,892 394,081 299,126 746,870 488,647 5,182,417 Env. ResourcesENV RES- - - - 33,756 - - - - - 36,596 - 70,353 CommunicationsCOMM41,500 41,500 33,000 45,000 45,000 40,000 52,000 80,400 45,000 25,000 40,000 45,000 450,400 UtilitiesUTILITY120,433 120,433 124,579 366,743 127,705 128,494 389,674 332,537 668,751 407,629 1,397 - 2,547,509 LiquorLIQUOR- - - - - - - - 30,250 25,142 40,640 - 96,032 Vehicle contingency (PD+Parks) EQ FUND - - 412,732 - - - - - - - - - 412,732 Total Use of Funds 2,653,720 2,772,587 3,454,342 3,792,209 4,561,752 3,050,729 2,944,053 4,973,452 3,941,000 3,187,485 2,455,736 2,119,159 34,479,918Source of Funds:Interest Earnings (2%) 103,172 103,172 53,566 12,021 6,519 9,316 8,267 14,589 16,188 15,509 16,288 12,649 164,912Annual Levy - - 200,000 2,000,000 3,400,000 1,700,000 1,600,000 1,000,000 2,000,000 1,600,000 1,000,000 1,000,000 15,500,000 Transfers in:General Fund Contribution - - - - - - - - - - - - - Liquor Fund Contribution 500,000 500,000 500,000 650,000 650,000 780,000 780,000 780,000 780,000 780,000 780,000 780,000 7,260,000 Env Res Fund Contribution 40,500 40,500 40,500 40,500 40,500 40,500 40,500 48,700 48,700 48,700 48,700 48,700 446,000 Utility Fund Contribution - - - - - - - - - - - Coded directly to another fund:Funding outside Equipment Fund 1General Fund121,148 34,245 125,472 102,825 98,100 - 89,674 165,200 48,400 49,600 50,800 52,000 782,071 Communications Fund41,500 41,500 33,000 45,000 45,000 40,000 52,000 80,400 45,000 25,000 40,000 45,000 450,400 Environmental Res Fund- - - - 33,756 - - - - - 36,596 - 70,353 Water & Sewer Funds120,433 120,433 124,579 366,743 127,705 128,494 389,674 332,537 668,751 407,629 1,397 - 2,547,509 Lakeville Arenas- - - - - - - - - - - - - Other financing sourcesIntergovernmental Grants - - - - - - - - - - Auction/Sale Proceeds 448,000 324,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 300,000 3,000,000 Donations - - - - - - - - - - - - - Equipment Certificates - - - - - - 2,332,000 - - - - 2,332,000 Total Source of Funds 1,374,753 1,163,850 1,377,116 3,517,089 4,701,581 2,998,310 3,260,115 5,053,426 3,907,039 3,226,438 2,273,781 2,238,349 32,553,245$ Change in Fund Balance(1,278,967) (1,608,737) (2,077,226) (275,119) 139,828 (52,419) 316,061 79,974 (33,961) 38,953 (181,955) 119,190 (1,926,674)$ Beginning Fund Balance 25,158,608 4,287,037 $2,678,300 601,074 325,955 465,783 413,364 729,425 809,399 775,438 814,391 632,436Ending Fund Balance 2$3,879,641 $2,678,300 $601,074 $325,955 $465,783 $413,364 $729,425 $809,399 $775,438 $814,391 $632,436 $751,62601. "Funding outside the Equipment Fund" Individual fund's sources/uses NET to zero.2. The fund balance shown is for the Equipment Fund (Which does not include any funding from the other funds listed under "Funding outside Equipment Fund)3. Fire engines are estimated to be 24 months out from delievery; estimating 1/2 cost in 12 months from date of order and balance at the end of 24 months; ladder truck is estimated to be 27 months (i.e. order in 2024, 1/2 payment in 2025 remainder in 22024-2033 CIP Adopted 3,592,958 4,780,024 3,533,332 3,310,006 2,819,026 3,063,335 3,827,972 3,291,268 3,421,306 2,386,532 - 34,025,759 Variance (820,371) (1,325,682) 258,877 1,251,746 231,703 (119,282) 1,145,480 649,732 (233,821) 69,204 2,119,159 454,159 Page 352 of 379
CITY OF LAKEVILLECouncil Work session 2025 - 2034 TECHNOLOGY PLAN8/26/20242024 20242025 - 2034ADOPTED Estimate 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 TotalsUse of Funds:Administration -$ -$ 8,141$ 7,454$ 10,046$ 2,280$ -$ 3,467$ 2,492$ 5,312$ 2,643$ -$ 41,836$ Arts Center - - 1,298 1,493 - 6,144 2,349 1,505 1,730 - 7,122 2,723 24,364 Building Inspection - - 7,280 4,657 18,845 - - 8,440 5,399 21,847 - - 66,468 Comm/Econ Development - 8,753 1,660 3,254 - - 10,147 1,924 3,773 1,362 351 31,222 Engineering 7,300 6,899 2,448 9,908 3,254 9,019 10,401 2,838 10,844 4,433 10,456 3,290 66,892 Facilities Maintenance 2,153 7,003 537 1,660 - - 1,866 623 1,924 - - 2,163 8,773 Finance - - 8,753 6,674 3,446 4,923 - 17,936 6,132 3,995 6,388 - 58,246 Fire 8,786 9,432 24,043 13,956 8,155 13,694 1,153 27,873 5,357 31,141 4,338 1,336 131,047 Forestry 2,152 1,404 1,075 3,319 570 1,174 - - 5,131 - 681 1,402 13,353 Heritage Center - - 2,747 4,167 - 4,945 - 3,185 4,831 - 5,733 - 25,609 Human Resources - 10,271 652 2,053 - 7,563 11,907 - 1,601 - 826 34,874 Information Technology- 2,112 2,142 14,572 - - 2,137 2,483 16,892 - 1,052 41,390 Construction Services9,659 5,497 5,866 1,660 - - 3,443 6,177 1,924 - - 5,315 24,384 Park & Rec Administration- - 1,449 - 7,384 2,534 7,563 1,680 - 8,560 5,661 - 34,831 Parks Maintenance 515 - 3,224 6,305 1,627 7,109 2,419 1,869 5,385 3,869 2,796 5,609 40,211 Police 236,885 82,579 330,953 18,914 137,119 41,171 317,682 3,817 171,606 4,788 41,150 139,973 1,207,172 Streets Maintenance 7,869 4,817 8,576 2,675 5,451 3,523 8,684 9,319 3,101 5,659 681 12,872 60,539 Arenas - - 1,843 1,337 3,402 1,497 1,500 2,137 1,550 3,944 1,736 1,739 20,686 Communications - - 3,687 2,675 2,589 - - 4,274 3,101 3,001 - - 19,326 Liquor - - 63,319 28,475 92,550 587 - 49,523 7,129 81,295 1,361 701 324,940 Environmental Resources 1,448 - 1,917 1,107 4,130 587 - 1,599 642 6,109 - 701 16,792 Utilities 3,183 1,130 83,465 2,046 8,491 7,760 4,981 5,386 1,730 10,504 5,592 5,774 135,730 ERP** 275,000 275,000 - - - - - - - - - - - Network Infrastructure 150,849 150,000 25,000 160,076 360,171 582,140 55,000 246,727 86,837 314,191 666,099 55,000 2,551,240 Miscellaneous - 33,333 5,150 5,305 5,464 - - - - - - - 15,918 Total Use of Funds 705,799$ 577,094$ 611,908$ 288,314$ 692,574$ 689,088$ 424,603$ 422,565$ 331,252$ 530,914$ 763,800$ 240,828$ 4,995,846$ Source of Funds:Interest Earnings (2%) 10,058$ 10,058$ 4,308$ 1,400$ 3,251$ 3,626$ 4,211$ 5,225$ 7,444$ 9,711$ 11,050$ 7,699$ 57,925$ Annual Levy - - 300,000 300,000 500,000 550,000 450,000 400,000 400,000 400,000 400,000 400,000 4,100,000 Transfers in:General Fund215,000 215,000 - - - - - - - - - - Communications Fund7,300 7,300 4,260 5,822 9,547 11,078 1,047 8,969 4,753 8,980 12,675 1,047 68,178 Liquor Fund 59,500 59,500 67,605 51,981 144,520 83,330 7,817 84,592 19,472 125,952 96,038 8,519 689,826 Environmental Resources4,600 4,600 2,385 3,676 9,810 9,630 854 5,432 1,991 10,990 10,347 1,555 56,670 Utility Billing (share of ERP)59,537 59,537 - - - - - - - - - - - Utility (Water/Sewer) Fund28,400 28,400 86,128 16,655 40,790 59,185 9,840 27,181 9,401 38,259 64,434 10,633 362,507 Coded directly to another fund:Lakeville Arenas- - 1,843 1,337 3,402 1,497 1,500 2,137 1,550 3,944 1,736 1,739 20,686 Other financing sources- - - - - - - - - - - - - Total Source of Funds 384,395$ 384,395$ 466,530$ 380,871$ 711,320$ 718,346$ 475,269$ 533,536$ 444,612$ 597,836$ 596,280$ 431,193$ 5,355,792$ Change in Fund Balance(321,404)$ (192,699)$ (145,378)$ 92,557$ 18,746$ 29,258$ 50,667$ 110,971$ 113,359$ 66,922$ (167,520)$ 190,365$ 359,947$ Beginning Fund Balance502,905$ 408,084$ 215,385$ 70,007$ 162,564$ 181,310$ 210,568$ 261,235$ 372,205$ 485,565$ 552,487$ 384,967$ Ending Fund Balance181,501$ 215,385$ 70,007$ 162,564$ 181,310$ 210,568$ 261,235$ 372,205$ 485,565$ 552,487$ 384,967$ 575,332$ 2024-2033 CIP705,798 369,338 160,121 547,476 635,924 388,363 333,234 316,024 515,843 692,888 n/a 4,665,009 Change (128,704) 242,570 128,193 145,098 53,164 36,240 89,331 15,228 15,071 70,912 240,828 330,837 Page 353 of 379
Capital Improvement Plan & Operating Budget Infrastructure
Specific Plans
Water System
Plan
Adopted 2019
Next update 2028
Transportation
Plan
Adopted 2019
Next update 2028
Sanitary Sewer
Plan
Adopted 2019
Next update 2028
Water and
Natural
Resources
Management
Plan
Adopted 2019
Next update 2028
Parks, Trails and
Open Space Plan
Last update 2015
Next update 2025
Citywide
Planning 2040 Comprehensive Plan / Land Use Plan Adopted 2020 Envision Lakeville 2040 Last Updated 2023 Studies & Site
Specific
Plans/REPORTS
(2024)
(2024)
Water Rates & Fees Study
Last Update 2017
Water Treatment Facility
Expansion Plan
Last Update 2022
Sewer Rates & Fees Study
Last Update 2017
CMF Expansion Study
Last Update ~2015
Dakota County East-West
Corridor Preservation Study
(Phase 1: 2003 / Phase 2: 2006)
NPDES MS4 Permit
Implementation
Last Update 2023
Park Dedication
Fee Study
Last update 2012
Various Park Master Plans
(As needed)
ADA Transition Plan
Last update 2019
Downtown Development
Guide
Updated 2018/ Next update 5-10 yrs
Indoor Athletic Facility Study
(2017)
2025 Projects
Pavement Maintenance
Local Street
Rehabilitation
Arterial/Collector
Roadway Rehabilitation
179th St (Future CSAH 9)
Bridge
185th St (CSAH 60)
Expansion
(Kenwood Tr - Ipava Ave)
Stormwater
management Initiatives
and Water
Conservation
Lake Management
Stormwater
Infrastructure
Maintenance
Upland/Woodland
Vegetation Management
Lift Station #26
construction
North Creek Greenway
Phase I Improvements
Grand Prairie Park
Various other park
projects
NOTES: not all
2025 CIP
projects are
listed here (only
highlights)
City and Dakota
County
Partnership
Projects Subject
to Adopted Dakota
County 2040
Transportation
Plan Cost Share
Policies. (Revised
in 2020)
Fire Resource/Space Needs
Study
Update 2020
School Road Safety Task
Force (Last Update~2014)
Dakota County Principal
Arterial Study (2018)
Pedestrian Crossing Study
(2024)
Interstate 35 Corridor Study
(Lakeville – Burnsville)
(2024)
Strategic Plan for Economic
Development
Updated 2019/ Next update 2024
Strategic GIS Plan
Updated 2023
Trail Condition Review (OCI)
(2022)
Dakota County Pedestrian
Crossing Safety Assessment
(2022)
Page 354 of 379
#I
!H
"J
#I
$K
!H
Kingsley
Lake
Lee
Lake
Orchard Lake EastLakeLake Marion
5
50
60
9
31
23
46
70
35
162ND ST W
KENWOOD TRL
160TH ST W
185TH ST W
210TH ST W
DODD BLVDCEDARAVE185 T H S T W
215TH ST W
179TH ST W
KE
N
W
O
O
D
T
R
L DODD BLVD17 9 T H S T W
JU
N
I
P
E
R
W
A
Y PILOT KNOB RDDODDBLVD185TH ST W
KENRICKAVE202ND ST W
200TH ST W
29-02
29-03
29-03 29-022
9
-
0
2
28
-0228-02 28-0228-0
3
28-03
28-0228-03
28-0227-0327-
0
227-02
27-02
27-03
23-1
3
27-022 7-0325-0526 -0 2
26-02
26-
0
224-0526-0325-03
25-02
2
5
-
0
2
25
-
0
225-032
0
-
4
5 27-XX27-XX27-10
25-1025-10
28-0426-0425-04
27-10
26-15A
26-15A 25-15B26-1025-15
A
26-0726-05
28-XX
25-15B
XX-XX
26-06
24-44
U-8
XX-XX
2025 - 2029
Capital Improvement Projects
0 1 20.5
Miles
²
2025
2026
2027
2028
2029
P:\Projects\Construction Services\CIP Maps\CIP Maps.aprxParks & Recreation"J
Transportation#I
Utility!H
Environmental&J
Local Street Reconstruction
Dakota County Pavement Preservation
Trail Construction/Rehabilitation
Collector Roadway Rehabilitation
Roadway Studies
County Roadway Expansion/Modernization5
Page 355 of 379
Date: 10/7/2024
Cedar Hills North Comprehensive Plan and Zoning Map Amendments
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 Cedar Hills North.
Overview
US Home, LLC, proposes a comprehensive plan amendment from to reguide property from
Medium/High Density Residential and Low/Medium Density Residential to Medium/High
Density Residential and Low Density Residential and a zoning map amendment from RM-3,
Medium Density Residential District to RST-2, Single and Two Family Residential District and
from RST-2, Single and Two Family Residential District to RM-3, Medium Density Residential
District. The requests are part of the proposed Cedar Hills North preliminary plat, which
proposes the development of single family homes and attached townhomes on about 75 acres of
land located north of 200th Street (CR 64), between Cedar Avenue (CSAH 23) and the city
boundary with Farmington. 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 19, 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 and findings of fact
2. Rezoning Ordinance and findings of fact
3. September 19 draft Planning Commission minutes
4. September 10, 2024 Planning report
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Page 356 of 379
Report Completed by: Kris Jenson, Planning Manager
Page 357 of 379
1
RESOLUTION 2024-____
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
CEDAR HILLS NORTH
2040 COMPREHENSIVE PLAN AMENDMENT
WHEREAS, on October 7, 2024, the Lakeville City Council met at its regularly scheduled
meeting to consider the application of US Home, LLC for an amendment of the 2040 Land Use
Plan map of the 2040 Lakeville Comprehensive Plan in conjunction with a proposed residential
development on approximately 75 acres located north of 200th Street (CR 64), between Cedar
Avenue (CSAH 23) and the city boundary with Farmington; and,
WHEREAS, the property is guided for Medium/High Density Residential and
Low/Medium Density Residential 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 uses to
Medium/High Density Residential and Low 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 low/medium density residential and medium/high
density residential as identified in Exhibit B of the September 10, 2024 planning report
prepared by Kris Jenson, Planning Manager and attached as Exhibit B, is consistent with
the Comprehensive Plan in accommodating growth while protecting the environment by
integrating new urban development within the City’s natural resources in a compatible
manner.
2. The proposed use is or will be compatible with present and future land uses of the area.
Finding: The proposed single family homes, located on generally the east half of the site,
and the attached townhomes, generally located on the west half of the site, adjacent to
Cedar Avenue (CSAH 23) are compatible with the detached townhomes south of 200th
Street (CR 64).
Page 358 of 379
2
3. The proposed use conforms to all performance standards contained in the Zoning
Ordinance and the City Code.
Finding: The proposed low density residential and medium/high density residential land
uses and site improvements illustrated on the proposed preliminary plat 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.
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 residential 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 200th Street (CR 64), which can serve the proposed
residential 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 attached in Exhibit A.
WHEREAS, The Planning Commission conducted a public hearing on the application at
its September 19, 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 US Home, LLC to amend the 2040 Comprehensive Plan, subject to the approval of the
Metropolitan Council.
ADOPTED by the Lakeville City Council this 7th day of October 2024.
CITY OF LAKEVILLE
BY:_________________________________
Luke M. Hellier, Mayor
ATTEST:____________________________
Ann Orlofsky, City Clerk
Page 359 of 379
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
US HOME, LLC
2040 COMPRHENSIVE PLAN AMENDMENT
FINDINGS OF FACT AND DECISION
On September 19, 2024 the Lakeville Planning Commission met at its regularly scheduled meeting to
consider the application of US Home, 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 Low/Medium Density Residential and Medium/High
Density Residential land uses in the 2040 Comprehensive Land Use Plan. US Home, LLC has
applied for an amendment to the 2040 Comprehensive Land Use Plan to change portions of
the guided land uses to Low Density Residential and Medium/High Density Residential.
2. The legal description of the property is attached as Exhibit A.
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 September 10, 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 low/medium density residential and medium/high
density residential as identified in Exhibit B of the September 10, 2024 planning report
prepared by Kris Jenson, Planning Manager and attached as Exhibit B to these Findings of
Fact, is consistent with the Comprehensive Plan in accommodating growth while
protecting the environment by integrating new urban development within the City’s
natural resources in a compatible manner.
b. The proposed use is or will be compatible with present and future land uses of the
area.
Page 360 of 379
2
Finding: The proposed single family homes, located on generally the east half of the site,
and the attached townhomes, generally located on the west half of the site, adjacent to
Cedar Avenue (CSAH 23) are compatible with the detached townhomes south of 200th
Street (CR 64).
c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance and the City Code.
Finding: The proposed low density residential and medium/high density residential land
uses and site improvements illustrated on the proposed preliminary platt 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 extending sanitary
sewer and water services. The proposed 233-unit residential subdivision 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 200th Street (CR 64), which can serve the proposed
development. The proposed streets to be constructed within the development will have
adequate capacity to accommodate the traffic generated by the proposed use.
5. The planning report dated September 10, 2024 prepared by Kris Jenson, Planning Manager is
incorporated herein.
DECISION
The City Council hereby approves the Comprehensive Plan amendment as shown in Exhibit B,
subject to the approval of the Metropolitan Council.
DATED: October 7, 2024
CITY OF LAKEVILLE
BY: _______________________
Luke M. Hellier, Mayor
BY: _______________________
Ann Orlofsky, City Clerk
Page 361 of 379
3
Exhibit A
Parcels included in the Cedar Hills North comprehensive plan amendment applicattion
South 225 feet of West 547.83 feet of Southwest quarter subject to parcel 8 Dakota County right
of way map 230 Section 22, Township 114, Range 20.
and
West 210.48 feet of South 950 feet of North 1730 feet of Southwest quarter subject to parcel 5
Dakota County right of way map 23 Section 22, Township 114, Range 20.
and
Southwest quarter except East 1320 feet except South 225 feet except West 385.08 feet of North
780 feet except West 210.48 feet of South 950 feet of North 1730 feet except West 678 feet of South
300 feet of North 2055 feet subject to parcel 6 Dakota County right of way map 230 Section 22,
Township 114, Range 20.
and
East 1320 feet of Southwest quarter except East 522.74 feet of South 533 feet subject to road South
33 feet Section 22, Township 114, Range 20.
and
South 533 feet of East 261.37 feet of Southwest quarter Section 22, Township 114, Range 20.
and
West 678 feet of South 300 feet of North 2055 feet of Southwest quarter Section 22, Township 114,
Range 20.
and
South 225 feet of Southwest quarter except East 1320 feet and except West 547.83 feet Section 22,
Township 114, Range 20.
Page 362 of 379
4
Exhibit B
Page 363 of 379
ORDINANCE NO. _______
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING THE LAKEVILLE ZONING MAP RELATED TO
CEDAR HILLS NORTH SUBDIVISION
THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS:
Section 1. The legal description of the property is attached as Exhibit A.
Section 2. The property as shown on Exhibit B is hereby rezoned from RM-3,
Medium Density Residential District to RST-2, Single- and Two-Family Residential
District and from RST-2, Single- and Two-Family Residential District to RM-3, Medium
Density 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 parcels indicated in Exhibit A.
ADOPTED by the Lakeville City Council this 7th day of October 2024.
CITY OF LAKEVILLE
BY:_____________________________
Luke M. Hellier, Mayor
ATTEST:____________________________
Ann Orlofsky, City Clerk
Page 364 of 379
EXHIBIT A
The following parcels, all located within Dakota County, Minnesota:
That part of the Southwest Quarter (SW ¼) of Section 22, Township 114, Range 20,
described as follows:
The South 225.0 feet of said Southwest Quarter (SW ¼) except the East 1320.0 feet and
except the West 547.83 feet thereof;
and
That part of the Southwest Quarter (SW ¼) of Section 22, Township 114, Range 20,
described as follows:
The South 225.0 feet of the West 547.83 feet of said Southwest quarter, subject to parcel
8 of the Dakota County right of way map 230;
and
That part of the Southwest Quarter (SW ¼) of Section 22, Township 114, Range 20,
described as follows:
The Southwest quarter except the East 1320.0 feet except the South 225.0 feet except
the West 385.08 feet of the North 780.0 feet except the West 210.48 feet of the South 950.0
feet of the North 1730.0 feet except the West 678.0 feet of the South 300.0 feet of the
North 2055.0 feet subject to parcel 6 of the Dakota County right of way map 230;
and
That part of the Southwest Quarter (SW ¼) of Section 22, Township 114, Range 20,
described as follows:
The East 1320.0 feet of the Southwest quarter except the East 522.74 feet of the South
533.0 feet subject to road over the South 33.0 feet.
Page 365 of 379
EXHIBIT B
Page 366 of 379
1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
US HOME, LLC
ZONING MAP AMENDMENT
FINDINGS OF FACT AND DECISION
On September 19, 2024 the Lakeville Planning Commission met at its regularly scheduled meeting
to consider the application of US Home, LLC for an amendment to the Zoning Map to rezone
property from RM-3, Medium Density Residential District to RST-2, Single and Two Family
Residential District and from RST-2, Single and Two Family Residential District to RM-3, Medium
Density 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 Low/Medium Density Residential and Medium/High
Density Residential land uses by the 2040 Comprehensive Land Use Plan. US Home, LLC has
applied for an amendment to the 2040 Land Use Plan to change portions of the guided land
use from Low/Medium Density Residential to Medium/High Density Residential and from
Low/Medium Density Residential and Medium/High Density Residential to Low Density
Residential.
2. The subject property is zoned RM-3, Medium Density Residential District and RST-2, Single
and Two Family Residential District. US Home, LLC has applied for an amendment to the
Zoning Map to change the zoning of portions of the property to RM-3, Medium Density
Residential District and RST-2, Single and Two Family Residential District.
3. The legal description of the property is attached in Exhibit A.
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 to RM-3, Medium Density Residential District and RST-
2, Single and Two Family Residential District as identified in Exhibit C of the September
10, 2024 planning prepared by Kris Jenson, Planning Manager report and attached as
Exhibit B to these Findings of Fact, is consistent with the goals and policies of the 2040
Page 367 of 379
2
Comprehensive Plan in accommodating growth while protecting the environment by
integrating new urban development within the City’s natural resources in a compatible
manner.
b. The proposed use is or will be compatible with present and future land uses of the area.
Finding: The subject site is located north of 200th Street (CR 64) and is compatible with the
existing and future land uses in the area.
c. The proposed use conforms to all performance standards contained in the Zoning
Ordinance and the City Code.
Finding: The proposed single family and attached townhome land uses 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 will be served by extending sanitary sewer
and water services. The proposed 233-unit residential subdivision 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 200th Street (CR 64), which can serve the proposed
development. The streets proposed to be constructed within the development will have
adequate capacity to accommodate traffic generated by the proposed use.
5. The planning report dated September 10, 2024 prepared by Kris Jenson, Planning Manager is
incorporated herein.
DECISION
The City Council hereby approves the Zoning Map amendment as shown in Exhibit B, subject to
Metropolitan Council approval of the Comprehensive Plan Amendment.
DATED: October 7, 2024
CITY OF LAKEVILLE
BY: _________________________
Luke M. Hellier, Mayor
BY: ________________________
Ann Orlofsky, City Clerk
Page 368 of 379
3
Exhibit A
Parcels included in the Cedar Hills North Zoning Map amendment applications:
South 225 feet of West 547.83 feet of Southwest quarter subject to parcel 8 Dakota County right
of way map 230 Section 22, Township 114, Range 20.
and
West 210.48 feet of South 950 feet of North 1730 feet of Southwest quarter subject to parcel 5
Dakota County right of way map 23 Section 22, Township 114, Range 20.
and
Southwest quarter except East 1320 feet except South 225 feet except West 385.08 feet of North
780 feet except West 210.48 feet of South 950 feet of North 1730 feet except West 678 feet of
South 300 feet of North 2055 feet subject to parcel 6 Dakota County right of way map 230
Section 22, Township 114, Range 20.
and
East 1320 feet of Southwest quarter except East 522.74 feet of South 533 feet subject to road
South 33 feet Section 22, Township 114, Range 20.
and
South 533 feet of East 261.37 feet of Southwest quarter Section 22, Township 114, Range 20.
and
West 678 feet of South 300 feet of North 2055 feet of Southwest quarter Section 22, Township
114, Range 20.
and
South 225 feet of Southwest quarter except East 1320 feet and except West 547.83 feet Section
22, Township 114, Range 20.
Exhibit B
Page 369 of 379
4
Page 370 of 379
Planning Commission Meeting Minutes, September 19, 2024 Page 2
• The cost of the revised CIP each year. Mr. Johnson indicted the CIP is a level of estimate
that is not included in the annual budget.
• Commissioner Swenson indicated that he will be abstaining from this discussion and
vote due to potential conflicts of interest given his employment with the Minnesota
Department of Transportation and the upcoming I-35/Kenwood Trail (CSAH 50/5)
project.
Motion was made by Einck, seconded by Zuzek to recommend to the City Council the 2025-
2029 Capital Improvement Plan as presented, finding that it is consistent with the City’s 2040
Comprehensive Plan.
Ayes: Zuzek, Traffas, Tinsley, Zimmer, Einck
Nays: Swenson – abstained
6. Cedar Hills North
Vice Chair Zimmer opened the public hearing to consider the application of US Home, LLC
(Lennar) for the following: 1. Comprehensive Plan amendment to re-guide property from
Low/Medium Density Residential to Low Density Residential, from Low/Medium Density
Residential to Medium/High Density Residential, and from Medium/High Density Residential
to Low Density Residential and 2. Zoning Map amendment to rezone property from RM-3,
Medium Density Residential District to RST-2-, Single- and Two-Family Residential District
and to rezone property from RST-2-, Single- and Two-Family Residential District to RM-3,
Medium Density Residential District to consider attached and detached townhomes in a
subdivision to be known as Cedar Hills North.
Steve Troskey from Lennar presented a brief overview of the request.
Planning Manager Kris Jenson presented the planning report. Ms. Jenson stated that the
applicant has applied for comprehensive plan and zoning map amendments in conjunction
with the development of a residential subdivision to be known as Cedar Hills North.
She stated the subject site involves seven properties that are located north of 200th Street (CR
64), between Cedar Avenue (CSAH 23) and the municipal boundary with the City of
Farmington. A homesite abutting 200th Street is not a part of the proposed Cedar Hills North
development and therefore not included in the request for a comprehensive plan amendment
and rezoning. The requests are to facilitate the development of approximately 74 acres for the
proposed construction of 89 single family lots and 144 attached townhome lots.
The comprehensive plan amendment includes requiding a portion of the site from
Low/Medium Density Residential to Medium/High Density Residential, a portion of the site
Page 371 of 379
Planning Commission Meeting Minutes, September 19, 2024 Page 3
from Medium/High Density Residential to Low Density Residential, and the remainder of the
Low/Medium Density Residential area to Low Density Residential.
The zoning map amendments include rezoning from RM-3, Medium Density Residential to
RST-2, Single and Two-Family Residential District and from RST-2, Single and Two-Family
Residential District to RM-3, Medium Density Residential District.
Community Development Department staff recommends approval of the Cedar Hill North
comprehensive plan amendment and zoning map amendment, and approval of the Findings
of Fact dated September 19, 2024.
Vice Chair Zimmer opened the hearing to the public for comment.
There were no comments from the audience.
Motion was made by Einck, seconded by Zuzek to close the public hearing at 6:25 p.m.
Voice vote was taken on the motion.
Ayes – unanimous
Vice Chair Zimmer asked for comments from the Planning Commission. Discussion points
included:
• Will the ghost plat presented on Exhibit D of the 09-10-24 planning report stay
consistent with the land around it?
• Commissioner Swenson is in favor of the comprehensive plan as presented.
Motion was made by Swenson, seconded by Zuzek to recommend to City Council approval
of the Cedar Hills North comprehensive plan amendment and zoning map amendment, and
approval of the Findings of Fact dated September 19, 2024:
Ayes: Zuzek, Traffas, Tinsley, Zimmer, Einck, Swenson
Nays: 0
There being no further business, the meeting was adjourned at 6:35 p.m.
Respectfully submitted,
Tina Morrow, Recording Secretary
Page 372 of 379
City of Lakeville
Community Development Department
Memorandum
To: Planning Commission
From: Kris Jenson, Planning Manager
Date: September 10, 2024
Subject: Packet Material for the September 19, 2024 Planning Commission Meeting
Agenda Item: Cedar Hills North Comprehensive Plan and Zoning Map Amendments
BACKGROUND
US Home, LLC (Lennar) has applied for comprehensive plan and zoning map amendments in
conjunction with the development of a residential subdivision to be known as Cedar Hills North.
The comprehensive plan amendments include re-guiding some areas of the proposed plat from
medium/high density residential to low density residential, from low/medium density residential
to medium/high density residential, and from low/medium density residential to low density
residential. The zoning map amendments include rezoning from RM-3, Medium Density
Residential to RST-2, Single and Two-Family Residential District and from RST-2, Single and
Two-Family Residential District to RM-3, Medium Density Residential District. The requests are
to facilitate the development of approximately 74 acres for the proposed construction of 89 single
family lots and 144 attached townhome lots.
The Developer is currently working with City Staff on the review of preliminary plat plans, which
will require a separate public hearing before the Planning Commission and approval by the City
Council.
EXHIBITS
A. Aerial Location Map
B. Comprehensive Plan Exhibit
C. Zoning Map Exhibit
D. Overall Site Plan
Page 373 of 379
2
PLANNING A NALYSIS
The subject site involves seven properties that are located north of 200th Street (CR 64), between
Cedar Avenue (CSAH 23) and the municipal boundary with the City of Farmington. Most of the
site is agricultural land with three single family homesites. A fourth homesite abutting 200th
Street is not a part of the proposed Cedar Hills North development and therefore not included in
the request for a comprehensive plan amendment and rezoning.
Surrounding Properties
North: Agricultural land (M-2, RST-2)
South: 200th Street (CR 64), detached townhomes (RM-1)
East: Agricultural land (City of Farmington)
West: Cedar Avenue (CSAH 23), Agricultural land
The Cedar Hills neighborhood to the south is under construction and many of the lots within the
required 500-foot notification radius are still vacant or under construction and owned by Lennar,
the developer of the proposed Cedar Hills North subdivision.
Adjacent and Affected Jurisdiction Notification. As required in consideration of
Comprehensive Plan Amendments, the proposed amendment has been submitted to 11 adjacent
governmental jurisdictions, the affected school district (ISD 194), and the Metropolitan Council for
review and comment. All jurisdictions have responded offering no comments.
Comprehensive Plan Amendment. The west half of the subject site is guided Medium/High
Density Residential while the east half of the site is guided Low/Medium Density Residential. The
site is encumbered by a 100-foot-wide gas pipeline easement as well as a waterway that begins in the
southwest corner of the site and extends through the site to the east. The proposed plat layout
includes the extension of Gallifrey Way, a minor collector street that extends north from 200th Street
and will continue north to 185th Street (CSAH 60). The street serves to divide the subdivision, with
attached townhomes proposed for much of the area west of Gallifrey Way and single family homes
to the east of Gallifrey Way. See Exhibit B for details on the areas proposed for amendment.
Consistency with the Comprehensive Plan. A goal of the 2040 Comprehensive Land Use Plan
is that “Growth … shall be accommodated while protecting the environment by integrating new
urban development within the City’s natural resources in a compatible manner.” The Vermillion
River watershed district has jurisdiction over the re-establishment of the creek channel and as
such, limited the number of creek crossings within the plat area to two (2) crossings. The site
layout is further restricted by the 100-foot-wide gas pipeline easement that runs northeast from
the southwest corner of the site. The Developer proposed several layouts in an effort to make the
best use of the site given these limitations, which led to a layout that includes curvilinear streets
and four permanent cul-de-sacs. By design, lots along these streets are irregular in shape and
larger in order to meet the minimum lot width at the 20 foot front yard setback The minimum
single family lot size in the RST-2 district is 7,000 square feet and the average lot size of the 89
Page 374 of 379
3
single family lots in the Cedar Hills North subdivision is just over 12,300 square feet, 175% of the
required minimum lot size. As a result, the density of the single family lot area is about 2.7
dwelling units per acre, which is less than the minimum 4 dwelling units acre required for the
Low/Medium Density Residential. For this reason, the comprehensive amendment was amended
to change the east half of the site from Low/Medium Density Residential to Low Density
Residential.
Zoning Map Amendment. Consistent with the land use designations described above, the west half
of the subject site is zoned RM-3, Medium Density Residential District and the east half of the site is
zoned RST-2, Single and Two-Family Residential District. The approximately 20 single family lots
proposed for the south side of the creek on the west portion of the site is proposed to be rezoned
from RM-3 to RST-2. In addition, the area of approximately 11 attached townhomes is proposed to
be rezoned from RST-2 to RM-3. See Exhibit C for details.
CONCLUSION
Community Development Department staff has determined that the requested land use plan
amendment is consistent with the 2040 Comprehensive Plan and recommends approval of both
the Comprehensive Plan Amendment and the Zoning Map Amendment.
Findings of fact for approval of the comprehensive plan amendment and zoning map
amendment are included with the packet materials for your consideration.
Page 375 of 379
Source: Esri, Maxar, Earthstar Geographics, and the GIS User CommunityCITY OF FARMINGTONCEDAR AVE (CSAH 23)Proposed Cedar Hills North
Preliminary Plat boundary
200TH ST (CR 64)
202ND ST GAL
L
I
FREY WAYCity of Lakeville
Cedar Hills North
Aerial Location Map
EXHIBIT A
Page 376 of 379