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Home My WebLink About11-04-2024 Agenda Packet AGENDA CITY COUNCIL MEETING November 4, 2024 - 6:00 PM City Hall Council Chambers Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join the meeting via Teams Meeting, Meeting ID: 270 967 142 637 or by calling Toll Number 1-323-433-2142; Conference ID: 244 190 036#. The mayor will allow for public comments and questions at the appropriate time. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a council member’s personal judgment. 1. Call to order, moment of silence and flag pledge 2. Roll Call 3. Citizen Comments 4. Additional agenda information 5. Presentations/Introductions a. Fire Department Quarterly Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 10/21/2024 City Council Meeting c. Approval of Renewal Quote for Tasers with Axon Enterprise INC. d. Contract with Quality Flow Systems, Inc. for the rehabilitation of Lift Station No. 21. e. Minnesota Department of Public Safety Grant Agreement for Intensive Comprehensive Peace Officer Education and Training 2025 f. Keokuk Property Real Estate Brokerage Services g. Nicholas Bormann Conditional Use Permit h. Brookshire 3rd Addition Amendment to Development Contract i. First Amendment to Agreement for Construction Contract with Minnesota Dirt Works for 2024 Stormwater Management Basin Rehabilitation j. Sundance Lakeville Second Addition Final Plat k. Resolution Authorizing Condemnation of Land for Public Purposes Page 1 of 172 City Council Meeting Agenda November 4, 2024 Page 2 7. Action Items a. Imposing a Service Charge for Special Service District No.1 for Taxes Payable 2025 8. Unfinished Business 9. New Business 10. Announcements a. Next City Council Meeting November 18, 2024 b. Next City Council Worksession November 25, 2024 11. Adjourn Page 2 of 172 Date: 11/4/2024 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview Checks – City ACH/EFT - City Total City 324168-324300 18508-18662 $1,611,241.74 $4,072,576.92 $5,683,818.66 Checks – Arena Checks – Dakota 911 ACH/EFT – Arena ACH/EFT –Dakota 911 Total Arena/Dakota 911 100002-100002 200006-200016 7-19 6-19 $113.29 $90,749.16 $24,268.02 $456,883.80 $572,014.27 Grand Total $6,255,832.93 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 10.22.24CKSUM 2. Check Register 10.22.24 for Nov 4,2024 Council Mtg Financial Impact: $6,255,832.93 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 3 of 172 Amount CHECK DISBURSEMENT REPORT FOR CITY OF LAKEVILLE 1000 GENERAL FUND 458,180.46 2000 COMMUNICATIONS FUND 231.08 2280 DOWNTOWN SPECIAL SERVICES DIST 20.28 4000 BUILDING FUND 48,779.43 4100 EQUIPMENT FUND 90,177.96 4125 TECHNOLOGY FUND (35,400.00) 4200 PARK DEDICATION FUND 1,878.87 4700 2022 C PARK BONDS 41,163.55 4720 2024 A PARK BONDS 54,945.28 5200 STATE AID CONSTRUCTION FUND 371,770.10 5300 PAVEMENT MANAGEMENT FUND 8,018.00 5500 WATER TRUNK FUND 19,911.89 6589 22-24 AIRLAKE 70 IMPROVEMENT 1,073,271.52 6590 2023 "" STREET RECONSTRUCTION 2,360.50 6595 24-02 STREET RECONSTRUCTION 691,075.21 6596 24-03 COLLECTOR RD REHAB 5,542.25 6597 25-02 STREET RECONSTRUCTION 18,920.25 7450 ENVIRONMENTAL RESOURCES FUND 19,327.43 7550 UTILITY FISCAL ADMINISTRATION 747.46 7575 STREET LIGHTING FUND 63,867.78 7600 WATER FUND 175,752.64 7700 SEWER FUND 941,941.51 7800 LIQUOR FUND 703,883.76 7900 MUNICIPAL RESERVES FUND 18,411.43 8000 ESCROW FUND 119,343.98 8910 ESCROW - DCA/SECTION 125 12,101.18 8950 DAKOTA 911 - OPERATING FUND 97,393.64 8970 LAKEVILLE ARENAS - OPERATIONS 29,763.62 9800 PAYROLL CLEARING FUND 1,222,451.87 Report Total:6,255,832.93 Page:1/110/30/2024 12:26 PM Page 4 of 172 MINUTES CITY COUNCIL MEETING October 21, 2024 - 6:00 PM City Hall Council Chambers 1.Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6:00 p.m. 2.Roll Call Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; Joe Masiarchin, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3.Citizen Comments None 4.Additional agenda information None 5.Presentations/Introductions None 6.Consent Agenda Motion was made by Bermel, seconded by Volk, to approve the following: Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a.Check Register Summary b.Minutes of the 10/07/2024 City Council Meeting c.Contract for Well 23 Utility and Site Improvements d.Approve Easement Acquisition Agreements for 185th Street Expansion e.Contract for Oak Shores Park Lift Station #26 Improvements, Professional Services Construction Services Agreement, and Materials Testing Agreement f.Contract for Oak Wilt Management Trenching g.Contract for LED Lighting Equipment for Parks Facilities h.Resolution for 2025 Health and Dental Insurance Rates i.MOU to LELS Union Contracts j.Deferment of Special Assessments for Senior Citizens, Disabled and Military Page 5 of 172 City Council Meeting Minutes October 21, 2024 Page 2 k.Resolution Approving Feasibility Report and Calling a Public Hearing for the 2025 Street Reconstruction Project 7.Action Items a.Lakeville 35 Logistics Park North Addition preliminary plat and CUP Steven Buss, Mark Nordland, and Fred from PDC, LLC have requested a preliminary plat to be known as Lakeville 35 Logistics Center North Addition for the proposed development of 16 acres of a 39-acre property for the development of a 189,678 square foot industrial office/warehouse building to be located north of Juniper Way (CSAH 70)/215th Street and south of 210th Street. Community Development Director Goodroad presented the staff report. A conditional use permit is proposed for the warehouse building as required in the OP, Office Park District. The preliminary plat includes one lot and one outlot. The preliminary plat has been amended to clarify the right-of-way dedication for Juniper Way (CSAH 70). The landscape plan has been revised, addressing stipulation number 5 of the planning report. The Planning Commission held a public hearing on the proposed preliminary plat and conditional use permit at its October 3, 2024 meeting. There was no public comment. The City Council asked questions related to the wetland, access to the parcel, parking, and the color of the construction materials. Motion was made by Wolter, seconded by Bermel, to approve a resolution approving the preliminary plat of Lakeville 35 Logistics Park North Addition, and a conditional use permit to permit a warehouse building in the O-P, Office Park District, and adopt the findings of fact. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter b.Crown Lakeville Apartments Preliminary Plat and CUP Tom LaSalle, Crown LMN, LLC, has requested a preliminary plat and conditional use permit for Crown Lakeville Apartments, which proposes one lot with two multi-family buildings with 182 dwelling units on 8.28 acres north of 210th Street (CSAH 70) and west of Keokuk Avenue. Community Development Director Goodroad presented the staff report. The Planning Commission held a public hearing on the preliminary plat and conditional use permit at its October 3, 2024 meeting. Public comment asked about the site elevations, tree removal, and fence placement along the north property line. The applicant’s engineer addressed the questions raised at the public hearing. The Planning Commission unanimously approved the preliminary plat and conditional use permit, subject to nine stipulations. The applicant has submitted a revised landscape plan to reflect the correct minimum planting sizes, so stipulation #9 of the Planning report has been satisfied. The council asked about underground parking, on-site management, and conservation Page 6 of 172 City Council Meeting Minutes October 21, 2024 Page 3 easement management. Bermel moved, seconded by Lee, to approve the preliminary plat of Crown Lakeville Apartments, a conditional use permit to allow more than one principal building on one lot, the Construction of multiple-family residential buildings greater than 48 feet in height, an exception to the exterior materials requirements, and adopt findings of fact. 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 October 28, 2024 b.Next City Council Meeting November 4, 2024 11.Adjourn Motion was made by Volk, seconded by Bermel, to adjourn at 6:30 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 7 of 172 Date: 11/4/2024 Approval of Renewal Quote for Tasers with Axon Enterprise INC. Proposed Action Staff recommends adoption of the following motion: Move to approve quote terms of Axon Enterprise, Inc. Overview Passage of this motion will result in an agreement with Axon Enterprise, Inc. until November 2029 for Taser devices. Axon agrees to provide 78 units. Old taser devices will be traded in as part of the agreement. Sworn field personnel will be equipped with these devices. • City will be renewing a 5-year lease/agreement with Axon Enterprises Inc. for taser devices. • Lease agreement provides all needed supplies for training over a five-year period. • Funds were included in the proposed 2025 operating budget. • Lease payments will occur over a 5-year period (2025-2029). • Quote has been reviewed by the City Attorney and the Senior Financial Analyst. Supporting Information 1. Q-572810-45581.819NB 2. Lakeville PD Final Financial Impact: $340,860.00 Budgeted: Yes Source: Annual Operating Budget Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Commander Bill Gerl Page 8 of 172 Page 1 Q-572810-45581.819NB Q-572810-45581.819NB Issued: 10/16/2024 Quote Expiration: 11/29/2024 Estimated Contract Start Date: 03/01/2025 Account Number: 112963 Payment Terms: N30 Delivery Method: SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT Lakeville Police Dept. - MN 9237 183rd St W Lakeville, MN 55044-6090 USA Lakeville Police Dept. - MN 9237 183rd St W Lakeville MN 55044-6090 USA Email: Nick Butier Phone: Email: nbutier@axon.com Fax: Bill Gerl Phone: (952) 985-4838 Email: wgerl@lakevillemn.gov Fax: (952) 985-4899 Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $19,174.56 TOTAL COST $340,860.00 ESTIMATED TOTAL W/ TAX $340,860.00 TOTAL SAVINGS $95,872.80 Axon Enterprise, Inc. 17800 N 85th St. Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic: (800) 978-2737 International: +1.800.978.2737 Page 9 of 172 Page 2 Q-572810-45581.819NB Payment Summary Date Subtotal Tax Total Feb 2025 $68,172.00 $0.00 $68,172.00 Feb 2026 $68,172.00 $0.00 $68,172.00 Feb 2027 $68,172.00 $0.00 $68,172.00 Feb 2028 $68,172.00 $0.00 $68,172.00 Feb 2029 $68,172.00 $0.00 $68,172.00 Total $340,860.00 $0.00 $340,860.00 Page 10 of 172 Page 3 Q-572810-45581.819NB Quote Unbundled Price:$436,732.80 Quote List Price:$375,674.40 Quote Subtotal:$340,860.00 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program C00010 BUNDLE - TASER 10 CERTIFICATION 76 60 $94.63 $81.24 $74.75 $340,860.00 $0.00 $340,860.00 A la Carte Hardware 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 9 $160.00 $0.00 $0.00 $0.00 $0.00 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 $160.00 $0.00 $0.00 $0.00 $0.00 A la Carte Services 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $2,500.00 $0.00 $0.00 $0.00 $0.00 Total $340,860.00 $0.00 $340,860.00 Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date BUNDLE - TASER 10 CERTIFICATION 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 2 2 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100390 AXON TASER 10 - HANDLE - YELLOW CLASS 3R 76 2 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 76 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100393 AXON TASER 10 - MAGAZINE - LIVE DUTY BLACK 2 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 4 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 6 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100396 AXON TASER 10 - MAGAZINE - INERT RED 30 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 1520 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 460 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100401 AXON TASER 10 - CARTRIDGE - INERT 300 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100611 AXON TASER 10 - SAFARILAND HOLSTER - RH 61 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100613 AXON TASER 10 - SAFARILAND HOLSTER - LH 15 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100623 AXON TASER - TRAINING - ENHANCED HALT SUIT V2 1 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 13 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 2 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 20018 AXON TASER - BATTERY PACK - TACTICAL 76 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 70033 AXON - DOCK WALL MOUNT - BRACKET ASSY 1 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 71019 AXON BODY - DOCK POWERCORD - NORTH AMERICA 1 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 74200 AXON TASER - DOCK - SIX BAY PLUS CORE 1 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 80087 AXON TASER - TARGET - CONDUCTIVE PROFESSIONAL RUGGEDIZED 2 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 80090 AXON TASER - TARGET FRAME - PROFESSIONAL 27.5 IN X 75 IN 2 1 02/01/2025 A la Carte 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 1 02/01/2025 Page 11 of 172 Page 4 Q-572810-45581.819NB Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date A la Carte 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 9 1 02/01/2025 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 230 1 02/01/2026 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 610 1 02/01/2026 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 230 1 02/01/2027 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 610 1 02/01/2027 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 230 1 02/01/2028 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 610 1 02/01/2028 BUNDLE - TASER 10 CERTIFICATION 100399 AXON TASER 10 - CARTRIDGE - LIVE 230 1 02/01/2029 BUNDLE - TASER 10 CERTIFICATION 100400 AXON TASER 10 - CARTRIDGE - HALT 610 1 02/01/2029 Software Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 10 CERTIFICATION 101180 AXON TASER - DATA SCIENCE PROGRAM 76 03/01/2025 02/28/2030 BUNDLE - TASER 10 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 76 03/01/2025 02/28/2030 BUNDLE - TASER 10 CERTIFICATION 20248 AXON TASER - EVIDENCE.COM LICENSE 1 03/01/2025 02/28/2030 Services Bundle Item Description QTY BUNDLE - TASER 10 CERTIFICATION 100751 AXON TASER 10 - REPLACEMENT ACCESS PROGRAM - DUTY CARTRIDGE 76 BUNDLE - TASER 10 CERTIFICATION 101193 AXON TASER - ON DEMAND CERTIFICATION 1 A la Carte 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date BUNDLE - TASER 10 CERTIFICATION 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 76 01/01/2026 02/28/2030 BUNDLE - TASER 10 CERTIFICATION 100704 AXON TASER 10 - EXT WARRANTY - HANDLE 2 01/01/2026 02/28/2030 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 76 02/01/2026 02/28/2030 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 2 02/01/2026 02/28/2030 BUNDLE - TASER 10 CERTIFICATION 80374 AXON TASER - EXT WARRANTY - BATTERY PACK T7/T10 13 02/01/2026 02/28/2030 BUNDLE - TASER 10 CERTIFICATION 80396 AXON TASER - EXT WARRANTY - DOCK SIX BAY T7/T10 1 02/01/2026 02/28/2030 Page 12 of 172 Page 5 Q-572810-45581.819NB Shipping Locations Location Number Street City State Zip Country 1 9237 183rd St W Lakeville MN 55044-6090 USA 2 9237 183rd St W Lakeville MN 55044-6090 USA Payment Details Feb 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 1 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 $0.00 $0.00 $0.00 Year 1 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 9 $0.00 $0.00 $0.00 Year 1 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Year 1 C00010 BUNDLE - TASER 10 CERTIFICATION 76 $68,172.00 $0.00 $68,172.00 Total $68,172.00 $0.00 $68,172.00 Feb 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 $0.00 $0.00 $0.00 Year 2 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 9 $0.00 $0.00 $0.00 Year 2 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Year 2 C00010 BUNDLE - TASER 10 CERTIFICATION 76 $68,172.00 $0.00 $68,172.00 Total $68,172.00 $0.00 $68,172.00 Feb 2027 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 $0.00 $0.00 $0.00 Year 3 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 9 $0.00 $0.00 $0.00 Year 3 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Year 3 C00010 BUNDLE - TASER 10 CERTIFICATION 76 $68,172.00 $0.00 $68,172.00 Total $68,172.00 $0.00 $68,172.00 Feb 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 $0.00 $0.00 $0.00 Year 4 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 9 $0.00 $0.00 $0.00 Year 4 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Year 4 C00010 BUNDLE - TASER 10 CERTIFICATION 76 $68,172.00 $0.00 $68,172.00 Total $68,172.00 $0.00 $68,172.00 Feb 2029 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 100394 AXON TASER 10 - MAGAZINE - HALT TRAINING BLUE 8 $0.00 $0.00 $0.00 Year 5 100395 AXON TASER 10 - MAGAZINE - LIVE TRAINING PURPLE 9 $0.00 $0.00 $0.00 Year 5 101208 AXON TASER 10 - 2 DAY INSTRUCTOR COURSE - INSIDE SALES 1 $0.00 $0.00 $0.00 Year 5 C00010 BUNDLE - TASER 10 CERTIFICATION 76 $68,172.00 $0.00 $68,172.00 Page 13 of 172 Page 6 Q-572810-45581.819NB Feb 2029 Invoice Plan Item Description Qty Subtotal Tax Total Total $68,172.00 $0.00 $68,172.00 Page 14 of 172 Page 7 Q-572810-45581.819NB Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page 15 of 172 Page 8 Q-572810-45581.819NB \s1\\d1\ Signature Date Signed 10/16/2024 Page 16 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 1 of 17 233028v2 This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the Customer listed below or, if no Customer is listed below, the customer on the Quote (as defined below) ("Customer"). This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs Customer’s purchase and use of the Axon Devices and Services detailed in the Quote. It is the intent of the Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows: 1. Definitions. 1.1. "Axon Cloud Services" means Axon’s web services, including, but not limited to, Axon Evidence, Axon Records, Axon Dispatch, FUSUS services, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com. 1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices. 1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices. Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be void. Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors. 1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services. 2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term"). 2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term "). 2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5-year term ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first. 3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront annual basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term. Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all past-due sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for collection and attorneys’ fees. 4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate. 5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the common carrier. Customer is responsible for any shipping charges in the Quote. 6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law. 7. Warranty. 7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt and Axon-manufactured accessories, which Axon warrants for Page 17 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 2 of 17 233028v2 ninety (90) days from Customer’s receipt, respectively, from the date of Customer’s receipt. Used conducted energy weapon ("CEW") cartridges are deemed to have operated properly. Extended warranties run from the expiration of the one- (1-) year hardware warranty through the extended warranty term purchased. 7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer. 7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axon- manufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new. Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement. 7.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service. 7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Customer submits the broken or non-functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose. 7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number. Axon’s warranty will be void if Customer resells Axon Devices. 7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement, Customer has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement. 7.5.2. With the exception of the indemnification of Agency by Axon for violation of intellectual property rights as set forth in Section 14, Axon’s cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement will not exceed $1,500,000.00. Neither Party will be liable for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory. 7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/sales- terms-and-conditions. 7.7. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-terms- and-conditions, if any. Page 18 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 3 of 17 233028v2 7.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. Customer expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Customer. 8. Statement of Work. Certain Axon Devices and Services, including Axon Interview Room, Axon Channel Services, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule. The SOW is incorporated into this Agreement by reference. 9. Axon Device Warnings . See www.axon.com/legal for the most current Axon Device warnings. 10. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Customer or making the same change to Axon Devices and Services previously purchased by Customer. 11. Bundled Offerings. Some offerings in bundled offerings may not be generally available at the time of Customer’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to a delay of availability or Customer’s election not to utilize any portion of an Axon bundle. 12. Insurance. Axon will maintain, at Axon’s own expense and in full force and effect during the Term and will furnish certificates of insurance or self-insurance upon request of the following insurance policies: 12.1. Commercial General Insurance Liability Insurance. Axon is required to maintain in Commercial General Liability Insurance with limits not less than $1,000,000 per occurrence, $2,000,000 annual aggregate, $2,000,000 annual aggregate products/completed operations. The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage; Personal and Advertising Injury; Blanket Contractual Liability; and Products and Completed Operations Liability. The City shall be named as an additional insured. 12.2. Commercial Automobile Liability Insurance. Axon is required to maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance, or use of all autos which may arise from operations under this Agreement, and in case any work is subcontracted, Axon will require the subcontractor to maintain commercial automobile liability insurance. Insurance minimum limits are as follows: $1,000,000 – per occurrence Combined Single Limit for Bodily Injury and Property Damage. In addition, the following coverages should be included: Owned, Hired, and Non-owned Automobiles. 12.3. Workers’ Compensation Insurance. Except as provided below, Axon must provide workers’ compensation insurance for all its employees, and in case any work is subcontracted, Axon 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; and $500,000 – Bodily Injury by Accident. If Minnesota Statutes, Section 176.041 exempts Axon from workers’ compensation insurance or if Axon has no employees in the Customer city, Axon must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Axon from the Minnesota workers’ compensation requirements. If during the course of the Agreement, Axon becomes eligible for workers’ compensation, Axon must comply with the workers’ compensation insurance requirements herein and provide Customer with a certificate of insurance. Page 19 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 4 of 17 233028v2 12.4. Additional Insurance Provisions. 12.4.1. Axon’s policies shall be primary insurance to any other valid and collectible insurance available to the Customer with respect to any claim arising out of Axon’s performance under the Agreement. 12.4.2. Axon’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 Agency. 12.4.3. Axon is responsible for payment of Agreement-related insurance premiums and deductibles. 12.4.4. If Axon is self-insured, a Certificate of Self-Insurance must be attached. 12.4.5. Axon shall obtain insurance policies from insurance companies having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized to do business in Minnesota. 12.4.6. An umbrella or excess liability insurance policy may be used to supplement Axon’s policy limits on a follow-form basis to satisfy the full policy limits required by the Agreement. 12.4.7. The Customer reserves the right to immediately terminate the Agreement if Axon is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against Axon. 12.4.8. Axon is required to submit Certificates of Insurance acceptable to the Customer as evidence of the required insurance coverage requirements. 13. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Customer will not cause any Axon proprietary rights to be violated. 14. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices, Axon Cloud Services or Axon software (“Axon Products”) infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Products by Customer or a third-party not approved by Axon; (b) use of Axon Products in combination with hardware or services not approved by Axon; (c) use of Axon Products other than as permitted in this Agreement; or (d) use of Axon Products that is not the most current software release provided by Axon. 15. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or an end user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer and a third-party over Customer ’s use of Axon Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices. 16. Termination. 16.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured thirty (30) days after written notice. If Customer terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination. 16.2. By Customer. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Customer may terminate this Agreement. Customer will deliver notice of termination under this section as soon as reasonably practicable. Page 20 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 5 of 17 233028v2 16.3. Effect of Termination . Upon termination of this Agreement, Customer rights immediately terminate. Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Customer the difference between the MSRP for Axon Devices received, including any Spare Axon Devices, and amounts paid towards those Axon Devices.Only if terminating for non- appropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For bundled Axon Devices, MSRP is the standalone price of all individual components. 17. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement. 18. General. 18.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control. 18.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or employment relationship between the Parties. 18.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement. 18.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law. 18.5. Compliance with Laws. Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun Control Act of 1968. 18.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets. This Agreement is binding upon the Parties respective successors and assigns. 18.7. Waiver . No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right. 18.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect. 18.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices. 18.10. Governing Law. The laws of the country, state, province, or municipality where Customer is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement. 18.11. Notices. All notices must be in English. Notices posted on Customer’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to legal@axon.com. Page 21 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 6 of 17 233028v2 18.12 Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions,Quote and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties. Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature. AXON: CUSTOMER: Axon Enterprise, Inc. Signature: Signature: Name: Name: Title: Title: Date: Date: # ! "! Page 22 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 7 of 17 233028v2 Axon Cloud Services Terms of Use Appendix 1. Definitions. a. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. Customer Content includes Evidence but excludes Non-Content Data. b. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content. c. "Non-Content Data" is data, configuration, and usage information about Customer’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices. Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content. d. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports. e. "Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances. 2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed more end users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence Lite, Customer may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data"). Customer may not upload non-TASER Data to Axon Evidence Lite. 3. Customer Owns Customer Content. Customer controls and owns all right, title, and interest in Customer Content. Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content. Axon will only have access to Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products. 4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum for its digital evidence or records management systems. 5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has the necessary rights to use Customer Content (b) ensuring no Customer Content or Customer end user’s use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto generated or AI-generated reports. If Customer becomes aware of any violation of this Agreement by an end user, Customer will immediately terminate that end user’s access to Axon Cloud Services. a. Customer will also maintain the security of end usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may assess additional fees along with suspending Customer’s access. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen. b. To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms. Page 23 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 8 of 17 233028v2 6. Privacy. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Customer agrees to allow Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products. 7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Customer’s Axon Cloud Services tenant. 8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if data originates from Axon Capture or an Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage. Customer Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access. 9. Third-Party Unlimited Storage. For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon Evidence user license; (ii) is limited to data of the law enforcement Customer that purchased the Third-Party Unlimited Storage and the Axon Evidence end user or Customer is prohibited from storing data for other customers or law enforcement agencies; and (iii) Customer may only upload and store data that is directly related to (1) the investigation of, or the prosecution of a crime, (2) common law enforcement activities, or (3) any Customer Content created by Axon Devices or Axon Evidence. 10. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content. If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located. Ownership of Customer Content remains with Customer. 11. Suspension. Axon may temporarily suspend Customer’s or any end user’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or end user’s use of or registration for Axon Cloud Services may (a ) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third- party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement. 12. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services. 13. TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances. 14. If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement and to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data. 15. Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data Science report provided to Customer for its own internal purposes. The Data Science report is provided “as is” and without any warranty of any kind. 16. In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to privacy@axon.com. Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Customer. 17. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Customer purchases an OSP 7 or OSP 10 bundle. During Customer’s Axon Records Subscription Term, if any, Customer will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis. Page 24 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 9 of 17 233028v2 c. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 bundle, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription") d. An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications. e. New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included. If Customer purchases Axon Records as part of a bundled offering, the Axon Record subscription begins on the later of the (1) start date of that bundled offering, or (2) date Axon provisions Axon Records to Customer. f. Users of Axon Records at the Customer may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages. 18. Axon Cloud Services Restrictions. Customer and Customer end users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to: g. copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services; h. reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same; i. access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas; j. use Axon Cloud Services as a service bureau, or as part of a Customer infrastructure as a service; k. use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement; l. access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services; m. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or n. use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code. 19. Draft One. Axon may impose usage restrictions if a single user generates more than one hundred (100) reports per month for two or more consecutive months. 20. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content. Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services. 21. Post-Termination Assistance. Axon will provide Customer with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customer Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system. 22. U.S. Government Rights. If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer Page 25 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 10 of 17 233028v2 software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services. 23. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon Cloud Services Restrictions. Page 26 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 11 of 17 233028v2 Axon Customer Experience Improvement Program Appendix 1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Customer Content from all of its customers to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Customer will be a participant in ACEIP Tier 1. If Customer does not want to participate in ACEIP Tier 1, Customer can revoke its consent at any time. If Customer wants to participate in Tier 2, as detailed below, Customer can check the ACEIP Tier 2 box below. If Customer does not want to participate in ACEIP Tier 2, Customer should leave box unchecked. At any time, Customer may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers. 2. ACEIP Tier 1. 2.1. When Axon uses Customer Content for the ACEIP Purposes, Axon will extract from Customer Content and may store separately copies of certain segments or elements of the Customer Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Customer Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 1 1. For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Customer from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Customer request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Customer may revoke the consent granted herein to Axon to access and use Customer Content for ACEIP Purposes. Within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Customer. In addition, if Axon uses Customer Content for the ACEIP Purposes, upon request, Axon will make available to Customer a list of the specific type of Customer Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Customer Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Customer notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Customer with a mechanism to obtain notice of that update or another commercially reasonable method to Customer designated contact) ("New Use Case"). 2.2. Expiration of ACEIP Tier 1. Customer consent granted herein will expire upon termination of the Agreement. In accordance with section 1.1.1, within 30 days of receiving the Customer ’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to, Customer. 1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed. Page 27 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 12 of 17 233028v2 3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Customer wants to help further improve Axon’s services, Customer may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Customer Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed, or de-identified data. ☐ Check this box if Customer wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Customer into ACEIP Tier 2 until Axon and Customer agree to terms in writing providing for such participation in ACEIP Tier 2. Page 28 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 13 of 17 233028v2 TASER Device Appendix This TASER Device Appendix applies to Customer ’s TASER 10, OSP 10, OSP Plus, or OSP 10 Plus Premium purchase from Axon, if applicable. 1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Customer must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Customer may not resell cartridges received. Axon will only replace cartridges used in the line of duty. 2. Training. If the Quote includes a TASER On Demand Certification subscription, Customer will have on-demand access to TASER Instructor and TASER Master Instructor courses only for the duration of the TASER Subscription Term. Axon will issue a maximum of ten (10) TASER Instructor vouchers and ten (10) TASER Master Instructor vouchers for every thousand TASER Subscriptions purchased. Customer shall utilize vouchers to register for TASER courses at their discretion however Customer may incur a fee for cancellations less than 10 business days prior to a course date or failure to appear to a registered course. The voucher has no cash value. Customer cannot exchange voucher for any other device or service. Any unused vouchers at the end of the Term will be forfeited. A voucher does not include any travel or other expenses that might be incurred related to attending a course. 3. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a five- (5-) year term, which includes the hardware manufacturer’s warranty plus the four- (4-) year extended term. 4. Trade-in. If the Quote contains a discount on CEW-related line items and that discount is contingent upon the trade- in of hardware, Customer must return used hardware and accessories associated with the discount ("Trade -In Units") to Axon within the below prescribed timeline. Customer must ship batteries via ground shipping. Axon will pay shipping costs of the return. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Customer the value of the trade-in credit. Customer may not destroy Trade-In Units and receive a trade-in credit. Customer Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days 100 to 499 officers 90 days 500+ officers 180 days 5. TASER Device Subscription Term. The TASER Device Subscription Term for a standalone TASER Device purchase begins on shipment of the TASER Device. The TASER Device Subscription Term for OSP 7/10 begins on the OSP 7/10 start date. 6. Access Rights. Upon Axon granting Customer a TASER Device Axon Evidence subscription, Customer may access and use Axon Evidence for the storage and management of data from TASER Devices devices during the TASER Device Subscription Term. Customer may not exceed the number of end users the Quote specifies. 7. Customer Warranty. If Customer is located in the US, Customer warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Customer use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968. 8. Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10. 9. Apollo Grant (US only). If Customer has received an Apollo Grant from Axon, Customer must pay all fees in the Quote prior to upgrading to any new TASER Device offered by Axon. 10. Termination. If payment for TASER Device is more than thirty (30) days past due, Axon may terminate Customer ’s TASER Device plan by notifying Customer. Upon termination for any reason, then as of the date of termination: 10.1. TASER Device extended warranties and access to Training Content will terminate. No refunds will be given. 10.2. Customer will be responsible for payment of any missed payments due to the termination before being allowed Page 29 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 14 of 17 233028v2 to purchase any future TASER Device plan. 10.3. Axon will invoice Customer the remaining MSRP for TASER Devices received before termination. If terminating for non-appropriations, Axon will not invoice Customer if Customer returns the TASER Device, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of termination. Page 30 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 15 of 17 233028v2 Axon Application Programming Interface Appendix This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote. 1. Definitions. 1.1. "API Client" means the software that acts as the interface between Customer’s computer and the server, which is already developed or to be developed by Customer. 1.2. "API Interface" means software implemented by Customer to configure Customer’s independent API Client Software to operate in conjunction with the API Service for Customer’s authorized Use. 1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Customer ’s Axon Evidence account or integrate Customer’s Axon Evidence account with other systems. 1.4. "Use" means any operation on Customer’s data enabled by the supported API functionality. 2. Purpose and License. 2.1. Customer may use API Service and data made available through API Service, in connection with an API Client developed by Customer. Axon may monitor Customer’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Customer agrees to not interfere with such monitoring or obscure from Axon Customer’s use of API Service. Customer will not use API Service for commercial use. 2.2. Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Customer’s Use in connection with Customer ’s API Client. 2.3. Axon reserves the right to set limitations on Customer’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits. 3. Configuration. Customer will work independently to configure Customer’s API Client with API Service for Customer’s applicable Use. Customer will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Customer will inform Axon promptly of any updates. Upon Customer’s registration, Axon will provide documentation outlining API Service information. 4. Customer Responsibilities. When using API Service, Customer and its end users may not: 4.1. use API Service in any way other than as expressly permitted under this Agreement; 4.2. use in any way that results in, or could result in, any security breach to Axon; 4.3. perform an action with the intent of introducing any virus, worm, defect, Trojan horse, malware, or any item of a destructive nature to Axon Devices and Services; 4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service; 4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software; 4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties; 4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service; 4.8. frame or mirror API Service on any other server, or wireless or Internet-based device; 4.9. make available to a third-party, any token, key, password or other login credentials to API Service; 4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or 4.11. disclose Axon’s API manual. Page 31 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 16 of 17 233028v2 5. API Content. All content related to API Service, other than Customer Content or Customer’s API Client content, is considered Axon’s API Content, including: 5.1. the design, structure and naming of API Service fields in all responses and requests; 5.2. the resources available within API Service for which Customer takes actions on, such as evidence, cases, users, or reports; 5.3. the structure of and relationship of API Service resources; and 5.4. the design of API Service, in any part or as a whole. 6. Prohibitions on API Content. Neither Customer nor its end users will use API content returned from the API Interface to: 6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header; 6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party; 6.3. misrepresent the source or ownership; or 6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices). 7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Customer is required to implement and use the most current version of API Service and to make any applicable changes to Customer ’s API Client required as a result of such API Update. API Updates may adversely affect how Customer ’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions. Page 32 of 172 Master Services and Purchasing Agreement Version: 22 Release Date: August 2, 2024 Page 17 of 17 233028v2 Axon Event Offer Appendix If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select events hosted by Axon (“Axon Event”), the following shall apply: 1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer’s understanding of the terms and conditions outlined in this Axon Event Offer Appendix. 2. Attendee/Employee Selection. Customer shall have sole and absolute discretion to select the Customer employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event offer(s). 3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations and ethics rules regarding contributions, including gifts and donations. Axon’s provision of ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in furtherance of its goals, and not the personal use or benefit of any official or employee of Customer. Axon makes this offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not, as a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements. If Customer’s local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer shall promptly contact Axon to obtain such information, and Axon shall provide the information necessary to facilitate Customer's compliance with such reporting requirements. 4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided under the Agreement. 5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation. 6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or accommodation to Customer if Customer or its selected employees fail to meet the prescribed conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and donations. Page 33 of 172 Date: 11/4/2024 Contract with Quality Flow Systems, Inc. for the rehabilitation of Lift Station No. 21. Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with Quality Flow Systems, Inc. for the rehabilitation of Lift Station No. 21. Overview The City of Lakeville Utilities Division is responsible for operations and maintenance of eighteen sanitary sewer lift stations that are used to pump wastewater to a higher elevation. From there, wastewater is conveyed through pipes to a Metropolitan Council Wastewater Treatment Facility. Lift stations are typically on a 10-15 year rehabilitation schedule, depending on usage. Lift Station No. 21, located near Lake Marion on 202nd St W, is programmed to be rehabilitated in 2024. Staff inspected the lift station and recommends the scope of work to include replacing two submersible pumps and pump accessories, as well as the installation of a salvaged control panel from the recently abandoned Lift Station No. 25. The city has standardized KSB-brand pumps for all submersible lift station pumps within the sewer system. Quality Flow Systems, Inc. is the sole source dealer of KSB pumps in Minnesota. Staff received a quotation from Quality Flow Systems, Inc. in the amount of $39,623.00 that will include all work and materials needed to complete the rehabilitation. Staff recommends approving a contract with Quality Flow Systems, Inc. for the rehabilitation of Lift Station No. 21. Supporting Information 1. 2024 Lift 21 Contract signed by QFS 2. QFS Quote 3. KSB Sole Source Letter Financial Impact: $39,623.00 Budgeted: Yes Source: 7700.7712.6295 Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Grossman, Utilities Supervisor Page 34 of 172 Page 35 of 172 Page 36 of 172 Page 37 of 172 Page 38 of 172 Page 39 of 172 Page 40 of 172 Page 41 of 172 800 6th St. N.W. New Prague, MN 56071 Office: (952) 758-9445 Fax: (952) 758-9661 Re: Lakeville, MN; Lift Station 21 Upgrade Quality Flow Systems is pleased to provide a quotation in accordance with your request and as follows: Item A Lift Station 21 Upgrade; This will consist of supplying and installing two new KSB pumps with hardened wet ends, base elbows, guide claws, upper brackets, flange coupling adapters along with all necessary fasteners, gaskets, installation and disposal of current equipment. We will also be installing the customer supplied control panel, updating the control panel drawings / data tags, furnishing / installing antenna cable and city supplied radio antenna with mast. Please see my itemized parts breakdown below. To include: Qty Description; Upgrade 2 KSB, Model KRT F80-200/34XG-S, 5hp, 230/3, 1750rpm submersible pumps to include: • Vortex impellers capable of passing 3” solids (190) • Double mechanical seals • 2-part epoxy paint • 50’ of power cable • Class 1 Div.1 explosion proof motors, IE3 • Stainless steel pump handles • 25’ of stainless-steel lifting chain per pump • Seal fail / over temp sensors built into pumps • 5 Year pump warranty • Hardened wet ends 2 KSB, Guide claws 3” 2 KSB, Base elbows 3” x 4” 2 KSB Stainless steel upper brackets 2 4” Flange coupling adapters 1 Install customers guide pipe on new system A/R Bolt and gasket kits 2 Stainless steel J-hooks 1 Install customers control panel per NEC requirements, installation by master electrician 1 Update control panel drawings, update control panel data nameplate 35 LMR 200 coaxial cable, with necessary fittings 1 Install customer supplied radio antenna, and mast A/R Onsite start-up of all equipment A/R Installation of all above listed equipment Quotation To: Lakeville, MN Attn: Steve Grossman Date: 10/23/2024 From: Cory Malay Phone: (952) 221-9800 Engineer: N/A Page 42 of 172 800 6th St. N.W. ▪ New Prague, MN 56071 Web: www.qfsi.com ▪ Page: 2 of 2 Total Sell Price for Item A - $39,623.00 (plus any applicable taxes) Exclusions: • City will provide SS guide pipe • City will provide vac truck for station clean out and bypass Terms: Quotation is based upon Quality Flow Systems Inc. Standard Terms and Conditions of Sale; copy provided upon request. Proposed Delivery Schedule: Delivery: 3 to 4 weeks after approval. Delivery and Storage: Freight allowed to job site. Thank you for this opportunity to be of service to you. If you have any questions, please don’t hesitate to call. Sincerely, Cory Malay Cory Malay Page 43 of 172 > Our Technology. Your Success. Pumps . Valves . Service KSB , Inc. * 4415 Sarellen Road * Henrico, Virginia 23231 * Phone (804) 222-1818 * Date: October 29, 2024 Subject: KSB Products and Services – State of Minnesota, Iowa, Wisconsin, North Dakota, South Dakota, and Nebraska Sole and Exclusive Municipal Distributor Notification Attention: Cory Malay Quality Flow Systems 800 6th Street NW New Prague, MN 56071 This letter is intended as confirmation and evidence that Quality Flow Systems is the officially appointed, sole and exclusive KSB distributor for pumps, mixers, parts and other industry related components offered by KSB in the Water Market Area (municipalities) for the states of Minnesota, Iowa, Wisconsin, North Dakota, South Dakota, and Nebraska. Additionally, Quality Flow Systems is recognized as KSB’s sole Factory Authorized Service (FAS) and Repair center for the states of Minnesota, Iowa, Wisconsin, North Dakota, South Dakota, and Nebraska. To achieve KSB FAS certification, Quality Flow Systems technicians are required to attend KSB internal training, including FM (explosion proof) processes/procedures , as a qualification to service, repair, and conduct warranty evaluations and repairs for KSB products. All inquiries related to the products and services of KSB within the states of Minnesota, Iowa, Wisconsin, North Dakota, South Dakota, and Nebraska should be directed exclusively to KSB Dubric. Please feel free to contact me any further information is required on this matter. Sincerely, Rusty Smith KSB North Central Regional Manager Water Market Area Ph. 630.567.1266 Email rusty.smith@ksb.com Page 44 of 172 Date: 11/4/2024 Minnesota Department of Public Safety Grant Agreement for Intensive Comprehensive Peace Officer Education and Training 2025 Proposed Action Staff recommends adoption of the following motion: Move to approve the Grant Contract Agreement with the Minnesota Department of Public Safety for Intensive Comprehensive Peace Officer Education and Training 2025. Overview Lakeville Police Department has been awarded a $100,000 Intensive Comprehensive Peace Officer Education and Training (ICPOET) grant. This grant is intended to assist in funding two peace officer positions ($50,000/position). The ICPOET Program has been designed by the Minnesota Department of Public Safety's Office of Justice Programs to assist law enforcement agencies recruit new peace officers. The ICPOET Program grants funds to sponsor a candidate with a 2-or 4-year degree, who is interested in making a career transition. After hire, the sponsored candidate will obtain the required education to become a licensed peace officer in less than eight months. Vacancies at law enforcement agencies are high across the state. ICPOET is a recruitment tool that meets a need to help mitigate the growing hiring challenge. ICPOET allows non-traditional or career transition candidates to serve their communities in a new way. These people may have only previously imagined becoming a peace officer, due to current challenges with getting the required education and training. The typical timeline for peace officer candidates to be educated and hired by a law enforcement agency can be two or more years. ICPOET speeds up this process for candidates. The traditional path for a career in law enforcement doesn't come with a salary during the education and training period. ICPOET candidates will be hired by their sponsoring agency and will receive a salary during this time. The Lakeville Police grant will be effective December 1, 2024 and will expire on September 30, 2025. Once the grant contract agreement is fully executed, the city may claim reimbursements for expenditures up to $100,000.00, incurred pursuant to the Payment Clause of the grant contract agreement. During the grant period, the city will be responsible for any costs incurred above $100,000. These positions will not be additions to the 2025 staffing allotment, but will rather be used to hire previously approved positions or will be used to replace existing officers lost to expected attrition. Page 45 of 172 The City Attorney reviewed the grant contract and found no issues. Supporting Information 1. 1224045_5061513-A-ICPOE-2025-LAKEVLPD-020GRANTAGREEMENT Unsigned Financial Impact: $100,000.00 Budgeted: No Source: ICPOET Grant Envision Lakeville Community Values: Safety Throughout the Community, Good Value for Public Service Report Completed by: Brad Paulson, Police Chief Page 46 of 172 Grant Contract Agreement Page 1 of 2 DPS Grant Contract Agreement Non-State (rev. March 2024) Minnesota Department of Public Safety (“State”) Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 Grant Program: Intensive Comprehensive Peace Officer Education and Training 2025 Grant Contract Agreement No.: A-ICPOE-2025-LAKEVLPD-020 Grantee: City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Grant Contract Agreement Term: Effective Date: 12/1/2024 Expiration Date: 9/30/2025 Grantee’s Authorized Representative: Brad Paulson, Chief City of Lakeville, Police Department 9237 183rd Street Lakeville, Minnesota 55044 (952) 985-4801 bpaulson@lakevillemn.gov Grant Contract Agreement Amount: Original Agreement $100,000.00 Matching Requirement $0.00 State’s Authorized Representative: Kristin Lail, Grants Specialist Coordinator Office of Justice Programs 445 Minnesota Street, Suite 2300 St. Paul, MN 55101-2139 (651) 230-3358 Kristin.lail@state.mn.us Federal Funding: CFDA/ALN: None FAIN: N/A State Funding: Minnesota Session Laws of 2023, Chapter 52, Article 2, Section 3, Subdivision 8. Special Conditions: None Under Minn. Stat. § 299A.01, Subd 2 (4) the State is empowered to enter into this grant contract agreement. Term: Per Minn. Stat.§16B.98, Subd. 5, the Grantee must not begin work until this grant contract agreement is fully executed and the State's Authorized Representative has notified the Grantee that work may commence. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract agreement is fully executed. Once this grant contract agreement is fully executed, the Grantee may claim reimbursement for expenditures incurred pursuant to the Payment clause of this grant contract agreement. Reimbursements will only be made for those expenditures made according to the terms of this grant contract agreement. Expiration date is the date shown above or until all obligations have been satisfactorily fulfilled, whichever occurs first. The Grantee, who is not a state employee, will: Perform and accomplish such purposes and activities as specified herein and in the Grantee’s approved Intensive Comprehensive Peace Officer Education and Training 2025 Application [“Application”] which is incorporated by reference into this grant contract agreement and on file with the State at 445 Minnesota Street, Suite 2300, St. Paul, Minnesota 55101-2139. The Grantee shall also comply with all requirements referenced in the Intensive Comprehensive Peace Officer Education and Training 2025 Guidelines and Application which includes the Terms and Conditions and Grant Program Guidelines (https://app.dps.mn.gov/EGrants), which are incorporated by reference into this grant contract agreement. Budget Revisions: The breakdown of costs of the Grantee’s Budget is contained in Exhibit A, which is attached and incorporated into this grant contract agreement. As stated in the Grantee’s Application and Grant Program Guidelines, the Grantee will submit a written change request for any substitution of budget items or any deviation and in accordance with the Grant Program Guidelines. Requests must be approved prior to any expenditure by the Grantee. Matching Requirements: (If applicable.) As stated in the Grantee’s Application, the Grantee certifies that the matching requirement will be met by the Grantee. Page 47 of 172 Grant Contract Agreement Page 2 of 2 DPS Grant Contract Agreement Non-State (rev. March 2024) Payment: As stated in the Grantee’s Application and Grant Program Guidance, the State will promptly pay the Grantee after the Grantee presents an invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services and in accordance with the Grant Program Guidelines. Payment will not be made if the Grantee has not satisfied reporting requirements. Certification Regarding Lobbying: (If applicable.) Grantees receiving federal funds over $100,000.00 must complete and return the Certification Regarding Lobbying form provided by the State to the Grantee. 1. ENCUMBRANCE VERIFICATION 3. STATE AGENCY Individual certifies that funds have been encumbered as required by Minn. Stat. § 16A.15. Signed: _____________________________________________ (with delegated authority) Signed: _____________________________________________ Title: ______________________________________________ Date: _______________________________________________ Date: ______________________________________________ Grant Contract Agreement No./ P.O. No. A-ICPOE-2025-LAKEVLPD-020 / 3-98955 Project No.(indicate N/A if not applicable): __N/A________ 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract agreement on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. Signed: _____________________________________________ Print Name: __________________________________________ Title: _______________________________________________ Date: _______________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Title: ________________________________________________ Date: ________________________________________________ Signed: ______________________________________________ Print Name: __________________________________________ Distribution: DPS/FAS Title: ________________________________________________ Grantee State’s Authorized Representative Date: ________________________________________________ Page 48 of 172 Intensive Comprehensive Peace Officer Education and Training 2025 EXHIBIT A Organization: Lakeville Police Department A-ICPOE-2025-LAKEVLPD-020 Budget Summary ICPOE: Lakeville Police ICPOET 2025 Budget Category Award Personnel Wages $23,702.40 wages $23,702.40 Total $47,404.80 Payroll Taxes and Fringe Fringe Costs $1,297.60 Fringe costs $1,297.60 Total $2,595.20 Travel and Training Tuition $25,000.00 Tuition & Equipment $25,000.00 Total $50,000.00 Total $100,000.00 Page 1 of 110/15/2024 Page 49 of 172 Date: 11/4/2024 Keokuk Property Real Estate Brokerage Services Proposed Action Staff recommends adoption of the following motion: Move to approve a contract extension with Cerron Commercial Properties, LLC for real estate brokerage services to sell 1.83 acres of city- owned property located directly north of the Keokuk Liquor Store. Overview In 2021 the city requested proposals for brokerage services for the sale of 1.83 acres of city- owned commercial property. The city received and reviewed three proposals in response to the RFP. The City Council approved a one-year contract with Cerron Commercial Properties in November 2021 followed by one-year extensions in November 2022 and 2023. Staff reviewed the current contract with the Liquor Committee at their October meeting. Since it has been several years since the RFP was completed, it was determined the city should go through the RFP process again in 2025. Staff anticipates preparing the RFP, soliciting proposals, and picking a final realtor in January 2025. Therefore, the attached 2024 extension of the contract is set to expire on February 28, 2025. Supporting Information 1. Sale Listing Agreement (Keokuk Lot) 10-29-2024 Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Allyn Kuennen, Assistant City Administrator Page 50 of 172 COMMERCIAL-INDUSTRIAL EXCLUSIVE LISTING AGREEMENT SALE This form approved by the Minnesota Association of REALTORS, which disclaims any liability arising out of use or misuse of this form. Date: October 29, 2024 IN CONSIDERATION OF the Agreement of Cerron Commercial Properties, LLC (hereinafter referred to as "BROKER") to undertake to sell the premises hereinafter described, City of Lakeville (hereinafter referred to as "SELLER") grants to BROKER the exclusive right to sell or contract to sell the property known a s approx. 1.83 acre platted lot on Keokuk Avenue, Lakeville, MN 55044 and legally described as Dakota County PID 22-44340-01-031 (hereinafter referred to as the "Property") for the period from the date hereof through and including 2/28/2025 , for the sum of Asking price of $14.00 per square foot on net useable square footage upon the following terms acceptable to Seller or at any other price, terms or exchange to which SELLER may consent. SELLER understands that BROKER may list other properties during the term of this Agreement which may compete with SELLER'S property for potential buyers. NOTICE: THE COMMISSION RATE FOR THE SALE, LEASE, RENTAL OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT. SELLER'S OBLIGATIONS It is agreed that SELLER shall promptly furnish BROKER with complete information concerning any person who during the period of this Agreement makes inquiry to SELLER regarding the sale, exchange or lease of the Property. SELLER hereby agrees to furnish to Buyer an Abstract of Title, or a Registered Property Abstract, certified to date, to inclu de proper searches covering bankruptcies and state and federal judgments and liens, and to execute or cause to be executed a deed of general warranty conveying a marketable title to the Property to the Buyer and any further documents as may be required to consummate the sale to Buyer in accordance with the terms above designated or with the terms to which SELLER may hereafter consent. SELLER hereby agrees to furnish to any Buyer, before signing an agreement to sell, a written disclosure of all known wells on the Property and further to provide Buyer at closing with a Well Disclosure Certificate or certification of no known wells. SELLER further agrees to promptly notify BROKER of any notices pertaining to the Property which are hereafter received during the term of this Agreement. It is further agreed that SELLER shall permit BROKER to erect a "For Sale" sign on the Property and to remove all other "For Sale" signs from the Property during the period of this Agreement. It is further agreed that SELLER shall permit BROKER to erect a "Sold" sign on the Property for a period of 30 days following the sale or exchange of the Property by BROKER. COMMISSION It is further agreed that SELLER shall pay BROKER a brokerage fee of 4% if Cerron only, 6% if two brokers (split) percent of the price for which the Property is sold or exchanged, upon occurrence of any of the following conditions: 1. The sale, contract for sale, exchange, or conveyance of the Property during the period of this Agreement by BROKER or any oth er person, including but not limited to SELLER, or any other agent or broker not a party to this Agreement, in accordance with the price, terms or exchange as set forth herein or as otherwise consented to by SELLER. 2. If a Buyer is procured, whether by BROKER, SELLER or anyone else, who is ready, w illing, and able to purchase the Property at the price and terms set forth above and SELLER refuses to sell. 3. If SELLER agrees to sell the Property before this contract expires, and SELLER refuses to close the sale. 4. SELLER removes Property from the market before expiration of this Listing Agreement. 5. If SELLER grants an option to purchase the Property, SELLER shall pay BROKER a sales commission in the percentage provided herein based on the price paid for the option and for any extensions thereof. This commission shall be paid upon receipt by SELLER of any such payments. In the event such option is exercised, whether during the term of this Agreement, or within 6 months thereafter, SELLER shall also pay BROKER a sales commission on the gross sales price of the Property in accordance with the provisions herein. Notwithstanding the foregoing, to the extent that all or part of the price paid for the option or any extension MNCI:ELAS-1 (11/93) Page 51 of 172 COMMERCIAL-INDUSTRIAL EXCLUSIVE LISTING AGREEMENT SALE Address Dakota County PID 22-44340-01-031 Page 2 thereof is applied to the sales price of the Property, then any commission previously paid by owner to BROKER on account of s uch option payments shall be credited against the commission payable to BROKER on account of the exercise of the option. 6. During the term of this Listing Agreement or within 60 days after the expiration of this Listing Agreement: (i) the Property is acquired by a public authority; (ii) an agreement to acquire the Propert y is reached with a public authority; or (iii) a public authority institutes eminent domain/condemnation proceedings to acquire the Property. 7. If within 90 days after the end of this Agreement, SELLER sells or agrees to sell the Property to anyone who has made an affirmative showing of interest in the Property by responding to an advertisement or by contacting the BROKER or salesperson involved or has been physically shown the Property by the BROKER or salesperson. It is understood that BROKER shall not seek to enforce collection of a commission under this Paragraph 7 unless the name of the prospect is on a written list given to SELLER within 72 hours after expiration of this Listing Agreement. As security for BROKER's commission, SELLER hereby grants to BROKER a security interest in the proceeds from the sale or lease of the Property described herein and any title company or other closer who conducts the closing on the sale or lease of the Prop erty described herein is directed to disburse the BROKER's commission provided hereunder to the BROKER at the time of closing. SELLER'S REPRESENTATIONS SELLER has full legal right to sell the Property. SELLER certifies that as of the date of execution of this Agreement, SELLER has not received any notice of buil ding, health or fire code violations, nor notice of hazardous waste on the Property. FORFEITURE OF EARNEST MONEY If a Buyer of the Property defaults and as a result forfeits the earnest money, SELLER will receive 100 percent and BROKER will receive 0 percent of the earnest money. SUB-AGENTS AND BUYER'S BROKERS I hereby permit you to share part of your commission with other real estate brokers, including brokers only representing the Buyer. CLOSING SERVICES After a purchase agreement for the property is signed, arrangements must be made to close the transaction. Seller understands that Seller may arrange for a qualified closing agent or attorney to conduct the closing, or S eller may ask Broker to arrange for the closing. Seller understands that Seller may be required to pay certain closing costs. Seller has indicated his/her/its choice for closing services (initial one). SELLER wishes to have BROKER arrange for the closing. (Seller) (Seller) SELLER will arrange for the closing. (Seller) (Seller) MISCELLANEOUS 8. This Agreement is binding upon the heirs, successors, and assigns of the parties. 9. All of the representations and covenants of this Agreement shall survive and be enforceable after termination of the Agreement. 10. This Agreement constitutes the complete agreement between the parties and super sedes any prior oral or written agreements between the parties relative to the provisions herein. No amendment, modification or extension of this Agreement shall be valid or bi nding unless made in writing and signed by both SELLER and BROKER. 11. This contract shall be governed by the laws of the State of Minnesota. SELLER Seller By: MNCI:ELAS-2 (11/93) Salesperson Page 52 of 172 Date: 11/4/2024 Nicholas Bormann Conditional Use Permit Proposed Action Staff recommends adoption of the following motion: Move to approve the Nicholas Bormann conditional use permit and adopt the findings of fact. Overview Nicholas Bormann of 7059 200th Street has applied for a conditional use permit to allow the construction of a detached accessory structure within the RST-2, Single and Two Family Residential District. The conditional use permit is required since the proposed accessory structure exceeds the 1,100 square feet combined allowable floor area for accessory buildings in the RST-2 District and for more than one detached accessory building. The proposed accessory building would total 2,400 square feet in area. The existing attached garage is 1,018 square feet, and the existing detached accessory building is 308 square feet in area which would result in a total of 3,726 square feet. The Planning Commission held a public hearing on the conditional use permit at its October 17, 2024 meeting. There was no public comment and the Planning Commission recommended unanimous approval of the conditional use permit subject to the 12 stipulations noted in the planning report, as amended. Supporting Information 1. Conditional Use Permit Form 2. Findings of Fact 3. October 17, 2024 draft minutes 4. October 10, 2024 Planning report & exhibits 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 53 of 172 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 24- ___ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby approves a conditional use permit to allow a combined accessory building area greater than 1,100 square feet in the RST-2, Single- and Two-Family Residential District on property located at 7059 200th Street. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: The West 261.37 feet of the East 522.74 feet of the South 533.00 feet of the SW ¼ of Section 22, Township, 114, Range 20, Dakota County, Minnesota. 3. Conditions. This conditional use permit is issued subject to the following conditions: a) The total accessory building area (combined attached and detached) on the property shall not exceed 3,726 square feet. b) Not more than two detached accessory buildings are permitted on the property. c) The accessory building shall be constructed in the location identified on the Certificate of Survey approved with the conditional use permit. d) The driveway to the detached accessory building shall be paved with concrete, bituminous, or paver brick. e) Exterior building materials shall be of similar color and materials as the principal building and shall conform with the standards and criteria in section 11-17-9 of the Zoning Ordinance. f) Additional screening is not required along the west property line provided that the existing trees in that area remain. If the existing trees are removed or die for any reason, the property owner shall replace the dead trees with conifer and overstory deciduous trees. Page 54 of 172 2 g) The detached accessory building shall be kept, used, and maintained in a manner that is compatible with the existing single-family home on the property and shall not present a hazard to the public health, safety and general welfare. h) Sanitary sewer service shall not be provided to the detached accessory building and the detached accessory building shall not be used as a dwelling. i) The detached accessory buildings shall not be used for any commercial use or home occupation. Commercial storage or storage for third parties is not permitted. j) All vehicles and vehicle equipment shall be parked on an existing or approved paved surface on the property. k) A building permit application shall be submitted to and approved by the Building Inspections Department prior to commencing construction. l) Prior to issuance of a building permit, a site inspection to confirm the removal of all commercial vehicles and equipment. 4. Expiration. This conditional use permit shall expire unless the applicant commences the authorized use within one year of the date of this conditional use permit unless an extension is approved by the Zoning Administrator. DATED: November 4, 2024 CITY OF LAKEVILLE BY: ________________________ Luke M. Hellier, Mayor BY: ________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 4th day of November 2024, by Luke M. Hellier, Mayor and by Ann Orlofsky, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. Page 55 of 172 3 __________________________ Notary Public SEAL DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 56 of 172 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA NICHOLAS BORMANN CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On October 17, 2024, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Nicholas Bormann for a conditional use permit to allow accessory building area greater than 1,100 square feet in the RST-2, Single and Two-Family Residential District on property located at 7059 200th Street West. The Planning Commission conducted a public hearing on the proposed conditional use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is located in Planning District No. 5 of the 2040 Comprehensive Land Use Plan, which guides the property for low/medium density residential use. 2. The property is zoned RST-2, Single and Two-Family Family Residential District 3. The legal description of the property is: The West 261.37 feet of the East 522.74 feet of the South 533.00 feet of the SW ¼ of Section 22, Township, 114, Range 20, Dakota County, Minnesota. 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The single-family home and existing and proposed detached accessory buildings are consistent with the 2040 Comprehensive Land Use Plan and District 5 recommendations of the Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: Provided compliance with the conditional use permit, the proposed second detached accessory building will be compatible with existing and future land uses in the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Page 57 of 172 2 Finding: The proposed second detached accessory building will conform with all performance standards contained in the Zoning Ordinance and the City Code as allowed by this conditional use permit. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject property lies within in the current MUSA but is not served with city sanitary sewer and water systems. The proposed second detached accessory building will have no impact on the City’s service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: The proposed second detached accessory building will not overburden or add traffic to the streets serving the property. 5. The planning report dated October 10, 2024 prepared by Kris Jenson, Planning Manager, is incorporated herein. DECISION The City Councils approve the conditional use permit in the form attached thereto. DATED: November 7, 2024 CITY OF LAKEVILLE BY:_________________________ Luke M. Hellier, Mayor BY:_________________________ Ann Orlofsky, City Clerk Page 58 of 172 CITY OF LAKEVILLE. PLANNING COMMISSION MEETING MINUTES October 17, 2024 Chair Majorowicz called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. Members Present: Chair Jenna Majorowicz, Scott Einck, Pat Kaluza, Jason Swenson, Amanda Tinsley, Vice Chair Christine Zimmer, Patty Zuzek, Ex-Officio Jeff Hanson. Members Absent: Staff Present: Tina Goodroad, Community Development Director, Kris Jenson, Planning Manager (via Teams) 3. Approval of the Meeting Minutes The October 3, 2024 Planning Commission meeting minutes were approved as presented. 4. Announcements Director Goodroad stated that an amended list of stipulations for the Bormann conditional use permit was distributed to the Planning Commission at tonight’s meeting. 5. Nicholas Bormann Chair Majorowicz opened the public hearing to consider the application of Nicholas Bormann for a conditional use permit to allow the construction of a second detached accessory structure and to exceed 1,100 square feet of accessory storage space in the RST-2, Single and Two-Family Residential District. Nick Bormann described his request to the Planning Commission. He is requesting the building to store personal equipment used for site maintenance and recreation and acknowledged that equipment used for his business was previously stored on site, but now has been or will be relocated off-site. Director Goodroad presented the staff report. The applicant is requesting a conditional use permit to construct a 40 foot by 60-foot storage building on his property at 7059 200th Street due to the proposed residential development that will surround his property. This request is consistent with previous CUP requests that have been granted by the City Council. Chair Majorowicz opened the hearing to the public for comment. Motion was made by Zimmer, seconded by Einck to close the public hearing at 6:05 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: •Commissioner Swenson thanked the applicant for acknowledging the conditional use permit stipulations. Page 59 of 172 Planning Commission Meeting Minutes, October 17, 2024 Page 2 •Commissioner Zuzek thanked the applicant for keeping his property is great condition. Motion was made by Swenson, seconded by Zimmer to recommend to City Council approval of the conditional use permit for Nicholas Bormann, subject to the 12 stipulations listed below and approval of the Findings of Fact dated October 17, 2024: 1. The total accessory building area (combined attached and detached) on the property shall not exceed 3,726 square feet. 2. Not more than two detached accessory buildings are permitted on the property. 3. The accessory building shall be constructed in the location identified on the site plan approved with the conditional use permit, with the accessory building being no closer than 15 feet to the north property line. 4. The driveway to the detached accessory building shall be paved with concrete, bituminous, or paver brick. 5. Exterior building materials shall be of similar color and materials as the principal building and shall conform with the standards and criteria in section 11-17-9 of the Zoning Ordinance. 6. Additional screening is not required along the west property line provided the existing trees in that area remain. If the existing trees are removed or die for any reason, the property owner shall replace the dead trees with conifer and overstory deciduous trees. 7. The detached accessory building shall be kept, used, and maintained in a manner that is compatible with the existing single-family home on the property and shall not present a hazard to the public health, safety and general welfare. 8. Sanitary sewer service shall not be provided to the detached accessory building and the detached accessory building shall not be used as a dwelling. 9. The detached accessory buildings shall not be used for any commercial use or home occupation. Commercial storage or storage for third parties is not permitted. 10. All vehicles and vehicle equipment shall be parked on an existing or approved paved surface on the property. 11. A building permit application shall be submitted to and approved by the Building Inspections Department prior to commencing construction. 12. Prior to issuance of a building permit, a site inspection to confirm the removal of all commercial vehicles and equipment. Ayes: Kaluza, Tinsley, Majorowicz, Zimmer, Einck, Swenson, Zuzek Nays: 0 There being no further business, the meeting was adjourned at 6:07 p.m. Respectfully submitted, Tina Goodroad, Community Development Director Page 60 of 172 City of Lakeville Community Development Department Memorandum To: Planning Commission From: Kris Jenson, Planning Manager Date: October 10, 2024 Subject: Packet Material for the October 17, 2024 Planning Commission Meeting Agenda Item: Nicholas Bormann Conditional Use Permit INTRODUCTION Nicholas Bormann of 7059 200th Street has applied for a conditional use permit to allow the construction of a second detached accessory structure and to exceed 1,100 square feet of accessory storage space in the RST-2, Single- and Two-Family Residential District. The conditional use permit is required since the proposed accessory structure exceeds the 1,100 square feet combined allowable floor area for accessory buildings in the RST-2 District and for more than one detached accessory building. The proposed accessory building would total 2,400 square feet in area. The existing attached garage is 1,018 square feet, and the existing detached accessory building is 308 square feet in area which would result in a total of 3,726 square feet. The following exhibits are attached for your review: A. Location Map B. Zoning Map C. Site Plan D. Building Elevation Plans E. List of Accessory Building Conditional Use Permits Approved 1981-2024 PLANNING A NALYSIS Existing Conditions. The subject property is a single-family lot that totals 130,686 square feet (3.2 acres) in area, not including 8,625 square feet of area used by 200th Street, which is more than Page 61 of 172 2 15 times the minimum lot size of 8,400 square feet for a single-family home in the RST-2 District. The existing house is 2,280 square feet in area and was constructed in 1997 by a previous owner. An accessory building was constructed on the northeast side of the property can be seen in aerial photos from 2000 and records show that a building permit was not issued for this building. However, the construction occurred prior to the Bormann’s purchase of the property in 2001. The existing garage is 1,018 square feet, and the existing detached accessory building is 308 square feet. The property was re-zoned to RST-2 as part of the 2040 Comprehensive Planning process. Prior to that the property was zoned RA, Rural/Agricultural District. Adjacent Land Uses. The subject property is zoned RST-2, Single- and Two-Family Residential District. Adjacent land uses and zoning are as follows: North – Agricultural Land (RST-2), proposed single family homes (Cedar Hills North) East – Agricultural Land (RST-2), proposed single family homes (Cedar Hills North) South – 200th Street (CR 64), Detached townhomes (RM-1) West – Agricultural Land (RST-2), proposed single family homes (Cedar Hills North) Setbacks. The minimum setbacks for the detached accessory building in the RST-2 District are 10 feet to the side and rear property lines and 30 feet to the front property line. The proposed detached accessory building complies with required setbacks. The proposed accessory structure setbacks are as follows: Front (South): 400+ feet Side (West): 70+ feet Side (East): 100+ feet Rear (North): 15 feet Accessory Building Use. The applicant indicated that the purpose of the structure is to store personal items including a large icehouse/RV, skid steer and attachments used to maintain the property (primarily yard maintenance and snow removal), a four-wheeler plus trailer, four snowmobiles and two trailers, large mower, etc. These items have been stored outside given that there are no neighbors in the vicinity. With the residential development proposed around their home, the applicant indicated that the proposed structure is intended to house these and other similar items. The proposed detached accessory building shall be used only as a garage for vehicle storage, and storage of personal recreation or yard maintenance equipment. No sewer service is proposed nor shall be extended to the accessory building. The structure shall not be used for commercial or home occupation purposes. Driveway Surfacing. The driveway to the accessory building shall be surfaced with concrete, bituminous, or paver brick. Page 62 of 172 3 Screening. The property and proposed accessory building are extensively screened by existing trees along the west property line. The accessory building will be located on the north end of the property, which along with existing trees along 200th Street will minimize the views from 200th Street. The applicant is proposing to plant a row of evergreen trees along the north property line, to provide screening to the future development in that area. To the east, the development proposes an outlot along the Bormann’s east property line, approximately 55 feet in width, which will provide additional setback from the planned public street along east of the Bormann’s lot to the storage shed. In addition, the approximate grade elevation of where the structure would be constructed is 984 feet, while the proposed street to the east would have an elevation of 992 feet, approximately eight feet above the structure floor. Appearance. The proposed accessory structure will utilize a metal siding with a four-foot-tall black wainscot and dark gray siding above to match the house color. The roof will be black metal. These materials comply with Section 11-17-9 of the Zoning Ordinance. Building Height. A maximum building height of 15 feet is allowed for detached accessory buildings in the RST-2 District. The proposed structure has sidewalls of 12 feet and a peak height of 18 feet. When a structure has a peaked roof, the building height is determined by the midpoint of the peak to the eaves, which in this case is 15 feet, which complies the with Zoning Ordinance requirement. CONDITIONAL USE P ERMIT ANALYSIS The Zoning Ordinance allows the accessory building area requirements to be exceeded by conditional use permit subject to the following criteria as listed in Section 11-18-5: A. There is a demonstrated need and potential for continued use of the structure for the purpose stated. Properties in the RST-2 District are allowed combined accessory buildings totaling 1,100 square feet unless a conditional use permit is approved to exceed that amount. The property owner has indicated a need for the proposed detached accessory building to store personal and recreational vehicles and equipment. B. No accessory building or private garage shall be utilized for all or a portion of a home occupation, for commercial activities or for commercial storage. The applicant has previously stored some commercial trailers and equipment at the rear of the property. With the application for the CUP, the applicant was made aware that the commercial equipment is not permitted to be stored on site, and he has since moved the commercial equipment off site. No home occupation or storage of commercial vehicles or equipment is allowed in any accessory building on the property. Page 63 of 172 4 C. The accessory building has an evident reuse or function related to a single-family residential environment in urban service areas or hobby farm environment in nonurban service areas of the city. The proposed accessory building space has the evident function of creating storage of personal and maintenance equipment for this property. D. Detached accessory buildings shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety, and general welfare. The proposed accessory building will be constructed with similar colors as the existing single-family home on the property. E. The performance standards and criteria of section 11-4-7 of this title shall be considered and a determination made that the proposed activity is in compliance with such criteria. The provisions of section 11-4-7 of the Zoning Ordinance (Conditional Use Permits) have been considered and satisfactorily met. Please refer to the attached findings of fact. RECOMMENDATION Community Development Department staff recommends approval of the Nicholas Bormann conditional use permit to allow the construction of a second detached accessory building greater than 1,100 square feet in the RST-2 District located at 7059 200th Street, subject to the following stipulations: 1. The total accessory building area (combined attached and detached) on the property shall not exceed 3,726 square feet. 2. Not more than two detached accessory buildings are permitted on the property. 3. The accessory building shall be constructed in the location identified on the site plan approved with the conditional use permit, with the accessory building being no closer than 15 feet to the north property line. 4. The driveway to the detached accessory building shall be paved with concrete, bituminous, or paver brick. 5. Exterior building materials shall be of similar color and materials as the principal building and shall conform with the standards and criteria in section 11-17-9 of the Zoning Ordinance. 6. Additional screening is not required along the west property line provided the existing trees in that area remain. If the existing trees are removed or die for any reason, the property owner shall replace the dead trees with conifer and overstory deciduous trees. Page 64 of 172 5 7. The detached accessory building shall be kept, used, and maintained in a manner that is compatible with the existing single-family home on the property and shall not present a hazard to the public health, safety and general welfare. 8. Sanitary sewer service shall not be provided to the detached accessory building and the detached accessory building shall not be used as a dwelling. 9. The detached accessory buildings shall not be used for any commercial use or home occupation. Commercial storage or storage for third parties is not permitted. 10. All vehicles and vehicle equipment shall be parked on an existing or approved paved surface on the property. 11. A building permit application shall be submitted to and approved by the Building Inspections Department prior to commencing construction. Findings of Fact are attached for consideration. Page 65 of 172 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community City of Lakeville Site Location Map N. Bormann CUP EXHIBIT A City of Farmington Bormann property 200TH ST 205TH ST GABARDINE LN GALLIFREY WAY& Page 66 of 172 City of Lakeville Zoning Map Bormann CUP EXHIBIT BCity of FarmingtonCEDAR AVE (CSAH 23)Bormann Property 200TH ST (CR 64) 202ND STGAL L I FREY WAY&RST-2 RST-2 RST-2 RM-3RM-3 RM-1 M-2M-2 Page 67 of 172 EXHIBIT C Page 68 of 172 EXHIBIT D Page 69 of 172 Page 70 of 172 Page 71 of 172 ACCESSORY BUILDING CONDITIONAL USE PERMITS Applicant Year Size (sf) Zoning Inside MUSA Parcel Size Zaytsev 2024 (>1,132 sf) RS-1 Yes 2.3 acres Kiewatt 2024 (>390 sf) RS-1 No 5.5 acres Schuster 2023 (>294 sf) RS-2 Yes 2.88 acres Walz 2022 (>794 sf) RS-1 Yes 2.31 acres Scholtz 2021 (>548 sf) RS-1 Yes 1.17 acres Ryan 2021 520 RA No 18.0 acres Prawdzik 2020 1,302 RS-CBD Yes 0.40 acres Cohoe 2020 3,608/21 ft RS-1 Yes 1.42 acres Herbert 2020 1,485 (attached) RA No 11.49 acres Merril 2019 3,072 RS-2 Yes 5.12 acres Newman 2018 1,422 RS-3 Yes 1.46 acres Poehling 2018 2,904 RS-2 Yes 2.74 acres Berres 2017 4,240 RS-3 Yes 10.00 acres Lynch 2016 1,617 RS-2 Yes 1.04 acres Durst 2016 1,656 RS-3 Yes 0.73 acres Boecker 2014 +2% Lot Area RA No 1.41 acres Radke 2013 22 feet tall RS-3/Shoreland Yes 0.38 acres Helman 2013 1,614 RS-3 Yes 1.0 acre Lau 2013 2,927 RA No 2.0 acres Sarff 2012 882 RST-2 Yes 0.38 acres Johnson 2010 16,760 RA No 9.6 acres Hellevik 2010 5 Bldgs RA No 10 acres Miler 2008 18 ft RS-1 Yes 1.42 acres Goss 2008 4,032 RA No 30 acres Piekauski 2006 1,344 RS-3 Yes 1.60 acres Meyer 2006 1,572 RS-3 Yes 66 acres Rimnac 2005 2,096 RS-2 Yes 7.3 acres Spangler 2005 869 RS-2 Yes 2.3 acres Weinel 2004 1,480 RS-3 Yes 0.69 acres Hanson 2002 576 RS-3 Yes 1.5 acres Drogmuller 2002 2,184 RM-1 No 10 acres Steinman 2002 624 RM-1 Yes 1.4 acres Zeien 2001 1,102 RS-3 Yes 1.5 acres Emond 2001 864 RS-CBD Yes 0.25 acres Riehm 2000 1,310 RM-1 Yes 1.96 acres Graham 2000 1,078 RS-CBD Yes 0.57 acres Jensen 2000 1,470 RS-3 Yes 0.52 acres Laun 2000 952 RS-CBD Yes 0.50 acres Hendrickson 2000 4,452 R-2 Yes 15 acres Pietsch 1999 2,400 R-1 No 22 acres Smith 1999 896 R-3 Yes 0.35 acres Edmonson 1998 864 R-2 Yes 3.0 acres Krebs 1998 2,400 R-1 No 9.1 acres Forland 1998 1,462 R-1 No 5.0 acres Stuke 1998 2,520 R-1 No 20 acres Miller 1996 2,240 R-2 Yes 3.7 acres Menke 1996 1,620 R-2 Yes 15 acres Teal 1996 2,160 R-2 Yes 10 acres Curren 1995 960 R-2 Yes 3.0 acres Cronen 1995 2,396 R-1 No 10 acres Koble 1994 2,400 R-2 Yes 10 acres EXHIBIT E Page 72 of 172 Goetze 1993 1,232 R-2 Yes 4.3 acres Fenner 1993 936 R-2 Yes 9.5 acres Oster 1992 2,400 R-2 Yes 10 acres Clifford 1990 288 R-1 No 20 acres Moe 1990 1,600 R-2 Yes 2.0 acres Olson 1989 1,728 R-2 Yes 9.4 acres Storlie 1989 1,196 R-1 Yes 3.0 acres Moss 1985 2,000 R-1 Yes - Tangen 1984 1,800 R-2 Yes - Roheder/Johns. 1983-85 36,000 RA No Grossman 1983 672 RA Yes - Johnson 1983 3,402 R-1 Yes - Radunz 1983 5,000 R-2 Yes - LaFavor 1983 1,600 R-2 Yes - Harris 1982 900 R-2 Yes - Campbell 1982 400 R-2 Yes - Kalmes 1982 720 R-2 No - Zak 1981 1,632 I-1 No Page 73 of 172 Date: 11/4/2024 Brookshire 3rd Addition Amendment to Development Contract Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving a First Amendment to the Brookshire 3rd Addition development contract. Overview Forestar (USA) Real Estate Group Inc. (DR Horton) has requested an amendment to the Brookshire 3rd Addition development contract to extend the time of performance to construct Dunwoody Drive (future CSAH 9) to Dakota County standards. The Developer is working with Dakota County on the design for the roadway, but construction of that segment will not be able to be completed by November 30, 2024, which is the date of performance for public improvements within the current development contract. The amendment would extend the time of performance to November 30, 2025. The City Council approved the final plat and development contract at their June 17, 2024 meeting. Staff supports the proposed amendment to the development contract. Supporting Information 1. Amendment Resolution 2. Signed First Amendment to the Development Contract 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 74 of 172 1 233219v1 CITY OF LAKEVILLE RESOLUTION NO. 24-___ RESOLUTION APPROVING A FIRST AMENDMENT TO THE BROOKSHIRE 3RD ADDITION DEVELOPMENT CONTRACT WHEREAS, the City Council approved a final plat and Development Contract for the Brookshire 3rd Addition development on June 17, 2024 by City of Lakeville Resolution No. 24- 063; WHEREAS, FORESTAR (USA) REAL ESTATE GROUP INC. (“Developer”) has requested some minor revisions to the Brookshire 3rd Addition Development Contract and staff recommends approval of certain revisions requested by Developer as provided in the First Amendment to Development Contract attached hereto (“First Amendment”). NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota as follows: 1. The First Amendment is hereby approved; and 2. The Mayor and City Clerk are hereby authorized to sign the First Amendment. ADOPTED by the Lakeville City Council this 4th day of November, 2024. ______________________________ Luke M. Hellier ____________________________ Ann Orlofsky, City Clerk Page 75 of 172 1 233218v1 (reserved for recording information) FIRST AMENDMENT TO DEVELOPMENT CONTRACT BROOKSHIRE 3RD ADDITION THIS FIRST AMENDMENT TO DEVELOPMENT CONTRACT (“Amendment”) is made this _______ day of ________, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”) and FORESTAR (USA) REAL ESTATE GROUP INC., a Delaware corporation (hereinafter referred to as the "Developer"). RECITALS A. The City and Developer previously entered into a Development Contract dated June 17, 2024 and recorded in the Office of the County Recorder, Dakota County, Minnesota on August 19, 2024 as Document No. 3641814 for the property to be platted as Brookshire 3rd Addition, Dakota County, Minnesota (“Development Contract”). B. City and Developer desire to modify the terms of the Development Contract to reflect a change in the time of performance for installation of required public improvements pursuant to the Development Contract. Page 76 of 172 2 233218v1 NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. EFFECT OF DEVELOPMENT CONTRACT. The Development Contract shall remain in full force and effect except as specifically amended herein. 2. AMENDMENT TO PARAGRAPH 12. Paragraph 12 of the Development Contract is amended to read as follows: 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. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed on or as of the date first above written. [Remainder of page is intentionally left blank. Signature pages follow. Page 77 of 172 3 233218v1 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 78 of 172 Page 79 of 172 Page 80 of 172 Page 81 of 172 Date: 11/4/2024 First Amendment to Agreement for Construction Contract with Minnesota Dirt Works for 2024 Stormwater Management Basin Rehabilitation Proposed Action Staff recommends adoption of the following motion: Move to Approve First Amendment to Agreement with Minnesota Dirt Works for stormwater management basin rehabilitation at Crystal Lake Golf Club, City Project 24-40. Overview City Project 24-40 provides for maintenance activities on two existing stormwater management basins located within the Crystal Lake Watershed. The City Council awarded a contract for construction to Minnesota Dirt Works on January 16, 2024. Maintenance work was pushed back from an anticipated start date in February 2024 to December 2024 due to unfavorable weather conditions. The first amendment extends the substantial completion date to March 1, 2025, and the final completion date to July 1, 2025. The contractor is not requesting any additional costs in relation to the schedule changes. Therefore, there is no change to the total project cost associated with the first amendment. Supporting Information 1. 2024.11.04 First Amendment to Agreement Financial Impact: $0 Budgeted: Yes Source: Utility Fund - Env. Resources Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Patrick Martin, Environmental Resources Technician Page 82 of 172 1 233315v1 FIRST AMENDMENT TO AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AMENDMENT (this "Amendment") is made as of this 4th day of November 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City"), and MINNESOTA DIRT WORKS, INC., a Minnesota corporation, (“Contractor”). WHEREAS, in January 2024, the City and Contractor entered into an Agreement Between Owner and Contractor for Construction Contract FOR 2024 Pond Maintenance Project at Crystal Lake Golf Club, City Project 24-40 (“Agreement”); and WHEREAS, the parties desire to extend the contract time for completion of the work. NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS: 1. AMENDMENT TO PARAGRAPH 4.02. Paragraph 4.02 of the Agreement is amended in its entirety to read as follows: 4.02 Contract Times: Dates A. The Work will be substantially completed on or before March 1, 2025, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions. Substantial Completion shall include excavating and hauling of pond sediment with the exclusion of vegetation establish items. B. The Work will be final completed on or before July 1, 2025. 2. EFFECTIVE DATE. The effective date of the Agreement is January 16, 2024. 3. EFFECT OF AGREEMENT. The Agreement shall remain in full force and effect except as specifically amended herein. Page 83 of 172 2 233315v1 IN WITNESS WHEREOF, the City and Contractor have entered into this Amendment as of the date first above written. CITY OF LAKEVILLE BY: ___________________________ Luke M. Hellier, Mayor AND___________________________ Ann Orlofsky, City Clerk MINNESOTA DIRT WORKS, INC. By:__________________________________ Print Name:___________________________ Its: _________________________________ Page 84 of 172 Date: 11/4/2024 Sundance Lakeville Second Addition Final Plat Proposed Action Staff recommends adoption of the following motion: Move to approve the final plat of Sundance Lakeville Second Addition. Overview Timberland Partners, Inc. representatives have submitted a final plat application and plans for Sundance Lakeville Second Addition. The final plat includes the proposed construction of 13 townhome buildings totaling 167 dwellings and nine single family residential home lots totaling 15.75 acres north of 162nd Street (CSAH 46) and west of Buck Hill Road. The preliminary plat was approved by the City Council on August 5, 2024. The final plat has been determined to be consistent with the approved preliminary plat. The developer has submitted the signed development contract and the stormwater maintenance agreement in accordance with the requirements of the final plat resolution. Supporting Information 1. Final Plat Resolution 2. Signed Development Contract 3. Signed Stormwater Maintenance Agreement 4. October 25, 2024 planning report 5. Exhibits A-D Location maps and plats 6. Exhibit E - Civil plans 7. October 25, 2024 engineering report Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Frank Dempsey, AICP, Associate Planner Page 85 of 172 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-____ RESOLUTION APPROVING THE FINAL PLAT OF SUNDANCE LAKEVILLE SECOND ADDITION WHEREAS, Timberland Partners, Inc. the developer and proposed owner of property described as SUNDANCE LAKEVILLE SECOND ADDITION has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and approved by the City Council on August 5, 2024; and WHEREAS, the final plat is consistent with the preliminary plat approved by the City Council; and WHEREAS, the final plat is acceptable to the City. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The SUNDANCE LAKEVILLE SECOND ADDITION final plat is approved subject to the development contract and security requirements. 2. The development contract and stormwater maintenance agreement are hereby approved. 3. The Mayor and City Clerk are hereby authorized to sign the final plat mylars, development contract, stormwater maintenance agreement, and all documents pursuant to the approved development contract. 4. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 4th day of November 2024. CITY OF LAKEVILLE BY: _______________________ Page 86 of 172 Luke M. Hellier, Mayor ATTEST: BY: ________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( DAKOTA COUNTY ) I hereby certify that the foregoing Resolution No. 24-___ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 4th day of November 2024 as shown by the minutes of said meeting in my possession. ________________________ Ann Orlofsky, City Clerk (SEAL) PREPARED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 87 of 172 1 232558v15 Sundance Lakeville Second Addition (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) SUNDANCE LAKEVILLE SECOND ADDITION CONTRACT dated ____________________, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and SD LAKEVILLE PROPERTY LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for SUNDANCE LAKEVILLE 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 B, Sundance Lakeville, Dakota County, Minnesota, according to the recorded plat thereof. [to be platted as Sundance Lakeville 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 210 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer Page 88 of 172 2 232558v15 Sundance Lakeville Second Addition following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans Page 89 of 172 3 232558v15 Sundance Lakeville Second Addition may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the Page 90 of 172 4 232558v15 Sundance Lakeville Second Addition City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way Page 91 of 172 5 232558v15 Sundance Lakeville Second Addition D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2025, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with Page 92 of 172 6 232558v15 Sundance Lakeville Second Addition the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. The Developer is responsible for obtaining a MPCA Construction Permit for the site as well as developing a SWPPP for the site prior to construction. The permit requires that all erosion and sediment BMPS be clearly outlined in a site’s SWPPP. Changes made throughout construction must be documented in the SWPPP. The Developer is responsible for the establishment of native vegetation around all stormwater management basins within the buffer areas. Redundant silt fence is required along all waterways that do not have an established 50-foot buffer. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. The MS4 Administration Fee has not been collected on the parent parcels and shall be paid with the final plat, calculated as follows: $287,605.00 x 2% = $5,752.10 Grading Cost Sundance Lakeville Second Addition 2024 Rate MS4 Administration Fee Sundance Lakeville Second Addition Page 93 of 172 7 232558v15 Sundance Lakeville Second Addition 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except for a clubhouse building and one residential building on the Multi-Family Portion, as defined below, which may receive permits in accordance with Title 11, Chapter 27 of the City Code), 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. Following approval of the plat and final review of building permit plans, if requested by Developer’s lender, the Building Department will provide the Developer with a “will issue” letter certifying the building plans are approved and permits for each building will be issued upon recording of the final plat, satisfactory completion and certification that the Developer is in compliance with this Contract, City Code, inspection and certification of grading, installation of required improvements, and site preparation. 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 Page 94 of 172 8 232558v15 Sundance Lakeville Second Addition submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. Sundance Lakeville 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, general contractor, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the public improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND AS-BUILT RECORD DRAWING PREPARATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Page 95 of 172 9 232558v15 Sundance Lakeville 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. The Developer shall construct two publicly owned and maintained stormwater management basins (to be located within the Outlots of the plat) and two privately-owned and maintained stormwater management basins, which privately-owned basins will be governed by the Private Easement (defined below). to collect and treat the stormwater runoff generated from the site. Three of the basins will ultimately outlet to the storm sewer along Kendale Drive to the west. One basin will outlet to the storm sewer along 162nd Street West to the south. The Developer shall enter into a maintenance agreement and grant an easement to the City over the private stormwater improvements. The public stormwater management basin will be located within Outlots A and B which will be conveyed to the City with the final plat and maintained by the City following the termination of the warranty period and completion of any necessary warranty work. The stormwater management design is consistent with City ordinance requirements. The temporary basin constructed with Sundance Lakeville shall be removed and restored in accordance with the National Pollution Discharge Elimination System General Stormwater Permit requirements. Development of Sundance Lakeville Second Addition falls within the Crystal Lake Watershed Drainage Area. The Crystal Lake Surcharge has not been collected and will be collected from the Developer with the final plat, calculated as follows: Page 96 of 172 10 232558v15 Sundance Lakeville Second Addition Crystal Lake Surcharge Summary Gross Area of Sundance Lakeville Second Addition Less Area of Outlot A (Stormwater Basin) Less Area of Outlot B (Stormwater Basin) 642,075 s.f. 20,037 s.f. 11,761 s.f. Total Crystal Lake Surcharge Area 610,277 s.f. 142,877 s.f. x $0.0134/s.f. = $1,914.55 Net Area Sundance Lakeville Second Addition (Single Family) 2024 Unit Rate (Single Family) Crystal Lake Surcharge Sundance Lakeville Second Addition (Single Family) 467,400 s.f. x $0.0153/s.f. = $7,151.22 Net Area Sundance Lakeville Second Addition (Multi Family) 2024 Unit Rate (Multi Family) Crystal Lake Surcharge Sundance Lakeville Second Addition (Multi Family) $1,914.55 + $7,151.22 = $9,065.77 Crystal Lake Surcharge Sundance Lakeville Second Addition (Single Family) Crystal Lake Surcharge Sundance Lakeville Second Addition (Multi Family) Crystal Lake Surcharge Sundance Lakeville Second Addition The Developer shall install private and public storm sewer systems within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basin located within Outlots A and B. Draintile construction is required in areas of non-granular soils within Sundance Lakeville for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and will be collected from the Developer with the final plat, calculated as follows: Page 97 of 172 11 232558v15 Sundance Lakeville Second Addition Storm Sewer Charge Summary Gross Area of Sundance Lakeville Second Addition Less Area of Outlot A (Stormwater Basin) Less Area of Outlot B (Stormwater Basin) 642,075 s.f. 20,037 s.f. 11,761 s.f. Total Storm Sewer Charge Area 610,277 s.f. 142,877 s.f. x $0.178/s.f. = $25,432.11 Net Area Sundance Lakeville Second Addition 2024 Unit Rate (Single Family) Storm Sewer Charge Sundance Lakeville Second Addition (Single Family) 467,400 s.f. x $0.198/s.f. = $92,545.20 Net Area Sundance Lakeville Second Addition 2024 Unit Rate (Multi Family) Storm Sewer Charge Sundance Lakeville Second Addition (Multi Family) $25,432.11 + $92,545.20 = $117,977.31 Storm Sewer Charge Sundance Lakeville Second Addition (Single Family) Storm Sewer Charge Sundance Lakeville Second Addition (Multi Family) Storm Sewer Charge Sundance Lakeville Second Addition (Multi Family) Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. 20. SANITARY SEWER. The Developer shall construct and extend 8-inch public sanitary sewer from Kendale Drive through Kenyon Court. City sanitary sewer lift station No. 26 is under construction in conjunction with the Sundance Lakeville development. The Developer shall pay a cash fee for construction of sanitary sewer lift station No. 26 in the amount of $199,389.18 with the final plat. The fee is calculated based on the development impact to the overall sanitary flow to the lift station. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid by the Developer with the final plat. The fee will be based on the current rate in effect at the time of final plat approval. 21. WATERMAIN. The Developer shall install and extend 8-inch public watermain within the subdivision from Buck Hill Road, moving westward along the East-West Roadway (defined below) to Kendale Page 98 of 172 12 232558v15 Sundance Lakeville Second Addition Drive, as well as in such areas specified on the utility plan approved by the City for the multi-family portion of the development located within Lot 1, Block 1 of the plat (“Multi-Family” Portion”). The Developer shall also extend 8-inch watermain along Kendale Drive from 162nd Street West to Dupont Avenue. The 8-inch watermain installed along Kendale Drive shall extend through Kenyon Court to the northern terminus of the cul-de-sac serving the single-family lots within the plat (lots 2-10, Block 1) (“Single-Farmily Lots”). The Developer shall receive a credit from the City in the amount of $14,540.00 for watermain installed between the western plat boundary and Dupont Avenue. The City’s Comprehensive Water Plan does not identify any trunk watermain improvements within the proposed plat. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction will be determined with the final construction plans. 23. KENDALE DRIVE IMPROVEMENTS. The Developer shall improve Kendale Drive as an urban roadway section on the east side of the street. Kendale Drive was dedicated as 60-feet of right-of- way to the City with the Sundance Lakeville final plat. 24. PRIVATE DRIVES. The Developer shall construct a privately owned and maintained roadway and sidewalk network providing driveway access to the attached townhome buildings. The private roadway network is designed as 24-foot-wide urban roadway, with the exception of a 32-foot-wide urban roadway connecting Buck Hill Road and Kendale Drive (such 32-foot roadway, the “East-West Roadway”). The Developer shall enter into an amendment to that certain Private Roadway, Stormwater Retention and Utility Easement Agreement dated July 30, 2024, recorded August 2, 2024, in the office of the Dakota County Recorder, as Document No. 3639764 (such agreement, as to be amended, the “Private Easement”), to provide cross access and drainage and utility easements over only the East-West Roadway and allowing shared public access over the private streets and sidewalks contained only within the East- West Roadway, in a recordable form approved by the City prior to plat approval. The Private Easement shall include commitments to street construction to City of Lakeville standards, maintenance and repair, and maintenance and repair of the private storm sewer system within the private streets. The Developer Page 99 of 172 13 232558v15 Sundance Lakeville Second Addition shall install no parking signs on both sides of the East-West Roadway. The City shall not be responsible for any repairs (including cost) to the East-West Roadway due to maintenance within the easement area. 25. PARKS. TRAILS, AND SIDEWALKS. The Developer shall construct five-foot wide concrete public sidewalks, with pedestrian curb ramps, along one side of Kendale Drive from 162nd Street West to Dupont Avenue. In the event that such improvements cannot be completed entirely within public right-of-way (including construction activities remaining entirely within public right-of-way) the Developer shall not be required to construct the sidewalk after the design engineer has explored alternatives and the Developer and City come to mutual agreement that the sidewalk would not be able to be constructed without an easement from a property located outside of the plat. The Developer shall receive a credit from the City in the amount of $21,318.32 for sidewalk installed between the western plat boundary and Dupont Avenue. The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through a cash contribution by the Developer. The Park Dedication requirement will be collected with the final plat, calculated as follows: 167 units x $3,012 = $503,004.00 Total Dwelling Units Sundance Lakeville Second Addition (High Density) 2024 Unit Rate (High Density) High Density Dedication Requirement Sundance Lakeville Second Addition 9 units x $5,774 = $51,966.00 Total Dwelling Units Sundance Lakeville Second Addition (Low Density) 2024 Unit Rate (Low Density) Low Density Dedication Requirement Sundance Lakeville Second Addition $503,004.00 + $51,966.00 = $554,970.00 Low Density Dedication Requirement Sundance Lakeville Second Addition High Density Dedication Requirement Sundance Lakeville Second Addition Total Dedication Requirement Sundance Lakeville Second Addition 26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee in the amount of $15,650.00 for traffic control signs with the final plat. If traffic control signs are installed in frost conditions, the Developer shall pay an additional $150.00 for each traffic control sign location. Page 100 of 172 14 232558v15 Sundance Lakeville Second Addition The Developer shall pay a cash fee for one-year of streetlight operating expenses with the final plat, calculated as follows: 176 units x $40.48/unit = $7,124.48 Total Units Sundance Lakeville Second Addition 2024 Rate (Residential) Streetlight Operating Fee Sundance Lakeville Second Addition 27. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for one-year of environmental resources management expenses with the final plat, calculated as follows: 167 units x $59.16/unit x 0.50 = $4,939.86 Total Units Sundance Lakeville Second Addition 2024 Rate Utility Factor (Townhomes) Environmental Resources Fee Sundance Lakeville Second Addition (Townhomes) 9 units x $59.16/unit x 1.00 = $532.44 Total Units Sundance Lakeville Second Addition 2024 Rate Utility Factor (Single Family Residential) Environmental Resources Fee Sundance Lakeville Second Addition (Single Family Residential) $4,939.86 + $532.44 = $5,472.30 Environmental Resources Fee Sundance Lakeville Second Addition (Townhomes) Environmental Resources Fee Sundance Lakeville Second Addition (Single Family Residential) Environmental Resources Fee Sundance Lakeville Second Addition 28. LANDSCAPING. A. Single-Family Lots. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is Page 101 of 172 15 232558v15 Sundance Lakeville Second Addition issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. B. Multi-Family Portion. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $178,792.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 29. TREE PRESERVATION. A tree preservation plan was submitted by the Developer for the entirety of the Sundance Lakeville preliminary plat. There are 783 significant trees located within the preliminary plat boundaries. The tree preservation plan proposes to save 643 of the significant trees on site. The Developer shall submit a tree preservation plan for Sundance Lakeville Second Addition prior to issuance of a city grading permit. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1. Significant trees, as identified in the Lakeville Subdivision Ordinance, shall be protected and preserved through termination of all grading and construction activities. 30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the September 12, 2024, Planning Report, and September 9, 2024, Engineering Report. Page 102 of 172 16 232558v15 Sundance Lakeville Second Addition B. Before the City releases the final plat for recording, the Developer shall execute and deliver into escrow warranty deeds for the conveyance of Outlots A and B to the City, free and clear of any and all encumbrances. C. All landscaped areas shall be irrigated. Trees and shrubs shall not be planted in street right -of- way or within the transmission line utility easement and shall comply with minimum size requirements. D. Snow storage shall not take place in required parking spaces. E. The Developer shall submit a site lighting plan prior to issuance of a building permit. Site lighting shall not exceed one foot candle at the property line adjacent to public right-of-way. All exterior light fixtures shall be down-cast design so as not to glare onto public right-of-way. F. For any exterior trash enclosures for the Multi-Family Portion, the Developer shall install trash enclosures constructed of materials consistent with the principal building which shall include a durable, maintenance free gate. G. 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 $1,200.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 12 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. H. 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 $1,080.00. I. 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 Page 103 of 172 17 232558v15 Sundance Lakeville Second Addition security for street light installation consistent with the approved plan. The estimated amount of this security is $2,400.00 and consists of two (2) post-top street lights at $1,200.00 each. J. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. 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 $924,176.77. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $74,630.00 B. Watermain 164,805.00 C. Storm Sewer/Draintile 132,566.00 D. Streets 179,284.82 E. Grading, Erosion Control and Vegetation Establishment 113,992.00 CONSTRUCTION SUB-TOTAL $665,277.82 OTHER COSTS: A. Developer’s Design (3.0%) $19,958.33 B. Developer’s Construction Survey (2.5%) 16,631.95 C. City Legal Expenses (Est. 0.5%) 3,326.39 D. City Construction Observation (Est. 5.0%) 33,263.89 E. City Record Drawings (0.5%) 3,326.39 F. Landscaping 178,792.00 G. Street Lights 2,400.00 H. Lot Corners/Iron Monuments 1,200.00 OTHER COSTS SUB-TOTAL $258,898.95 TOTAL SECURITIES: $924,176.77 Page 104 of 172 18 232558v15 Sundance Lakeville Second Addition This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 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 554,970.00 B. Crystal Lake Surcharge 9,065.77 C. Storm Sewer Charge 117,977.31 D. MS4 Administration Fee 5,752.10 E. Traffic Control Signs 15,650.00 F. Street Light Operating Fee 7,124.48 G. Environmental Resources Expenses Fee 5,472.30 H. Property Data and Asset/Infrastructure Management Fee 1,080.00 I. Lift Station Construction 199,389.18 J. City Engineering Administration (3% for letters of credit) 19,958.33 SUBTOTAL – CASH REQUIREMENTS $936,439.47 CREDITS TO CASH REQUIREMENTS Page 105 of 172 19 232558v15 Sundance Lakeville Second Addition Kendale Drive Street/Sidewalk Credit $21,318.32 Kendale Drive Watermain Credit 14,540.00 SUBTOTAL - CREDITS TO CASH REQUIREMENTS $35,858.32 TOTAL CASH REQUIREMENTS $900,581.15 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. Maintenance bonds from the Developer’s general contractor may be accepted in place of maintenance bonds from the Developer. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 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, Page 106 of 172 20 232558v15 Sundance Lakeville Second Addition and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to City or MCES sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 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. Page 107 of 172 21 232558v15 Sundance Lakeville Second Addition 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. 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 two (2) model homes on lots acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties Page 108 of 172 22 232558v15 Sundance Lakeville Second Addition and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted of which Developer has or should have knowledge; 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 Page 109 of 172 23 232558v15 Sundance Lakeville Second Addition 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 (or in combination with an umbrella policy) $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. Page 110 of 172 24 232558v15 Sundance Lakeville Second Addition An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and Page 111 of 172 25 232558v15 Sundance Lakeville Second Addition 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. 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 by certified mail at the following address: SD Lakeville Property LLC, Attn: Timberland Partners Development, 8500 Normandale Lake Blvd, Ste 700, Minneapolis, MN 55437-3829. Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. [Remainder of page is intentionally left blank. Signature pages follow.] Page 112 of 172 26 232558v15 Sundance Lakeville 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 113 of 172 Page 114 of 172 Page 115 of 172 1 232582v1 STORMWATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES AND LICENSE AGREEMENT THIS AGREEMENT is made and entered into as of the ______ day of _____________, 2024, by and between RND LAKEVILLE, LLC, a Minnesota limited liability company (the “Owner”) and the CITY OF LAKEVILLE, a Minnesota municipal corporation (the “City”). A. The Owner and/or affiliate of Owner is the owner of certain real property located in Dakota County, Minnesota legally described in Exhibit A attached hereto ("Property"); and B. The Owner is proceeding to build on and develop the Property, and has requested City approval of the final plat (“Plat Approval”) and site plan for the proposed development of the Sundance Lakeville Second Addition plat; and C. The final plans for Sundance Lakeville Second Addition, hereinafter called the "Plans", submitted in support of the Plat Approval, which are expressly made a part hereof, as approved or to be approved by the City, provides for detention/retention of stormwater within the confines of the Property; and D. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Lakeville, Minnesota, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and E. The City requires that on-site stormwater management/BMP facilities (“Stormwater Facilities”) as shown on the Plans be constructed and adequately maintained by the Owner as a condition of final site plan approval of the Property; and F. As a condition of final plat approval the Owner is required to enter into this Agreement and grant to the City an easement for access, drainage and utility over a portion of the Page 116 of 172 2 232582v1 Property (the “Easement Area”) legally described on Exhibit B attached hereto to comply with work required under the terms of this Agreement. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plans. 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the Stormwater Maintenance Plan and the City engineering standards for stormwater treatment facilities attached hereto as Exhibit C. This includes all pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed and comply with all federal, state, and local regulations relating to the disposal of material. 3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be inspected and submit an inspection report annually and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, buffers, etc. Deficiencies shall be noted in the inspection report. A storage treatment basin will be considered inadequate if it is not compliant with all requirements of the approved Plan and City engineering standards set forth in Exhibit C. 4. City Access and Maintenance Rights. A. The Owner hereby grants the City a license, its authorized agents and employees, to, upon reasonable advance notice to Owner, enter upon the Property and to inspect the stormwater management/BMP facilities whenever the City reasonably deems necessary. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition in accordance with the terms of this Agreement and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The Page 117 of 172 3 232582v1 City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City’s costs to the Owner’s property taxes of such repairs, to the Owner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the Easement Area for the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The Owner expressly agrees to defend and hold the City harmless from any such third-party claim. 5. Grant of Easement. Owner hereby grants to the City, its successors and assigns, a permanent non-exclusive easement for access to the Stormwater Facilities over, on and across the Property and for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the Easement Area. The easement shall include the rights, but not the obligation, of the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, and excavate the Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. 6. Reimbursement of Costs. The Owner agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 7. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Owner’s required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 8. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: Page 118 of 172 4 232582v1 To the Owner: RND Lakeville, LLC 5105 Vernon Avenue S Edina, Minnesota 55436 To the City: City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Attn: City Administrator or to such other party at such other address as such party, by ten (10) days prior written notice given as provided, shall designate. All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 9. Successors/Covenants Run with Property. All duties and obligations of Owner under this Agreement shall also be duties and obligations of Owner’s successors and assigns. The terms and conditions of this Agreement shall run with the Property. [Remainder of page intentionally left blank.] [Signature pages to follow.] Page 119 of 172 Page 120 of 172 6 232582v1 CITY OF LAKEVILLE By: Luke M. Hellier, Mayor (SEAL) And: Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2024, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt Page 121 of 172 7 232582v1 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Owner Property Lot 1, Block 1, Sundance Lakeville Second Addition, Dakota County, Minnesota, according to the recorded plat thereof. Page 122 of 172 8 232582v1 EXHIBIT B Page 1 TO STORMWATER MAINTENANCE AGREEMENT Legal description of the Easement An easement for storm water retention pond purposes over, under, and across that part of Lot 1, Block 1, SUNDANCE LAKEVILLE SECOND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Beginning at the southwest corner of said Lot 1; thence South 88 degrees 40 minutes 52 seconds East, assumed bearing along the south line of said Lot 1 a distance of 103.11 feet; thence North 34 degrees 44 minutes 33 seconds West, 65.97 feet; thence North 00 degrees 08 minutes 58 seconds West, 82.21 feet; thence South 89 degrees 13 minutes 06 seconds West 70.39 feet to the west line of said Lot 1; thence South 01 degrees 30 minutes 01 seconds West, along said west line 41.52 feet; thence South 02 degrees 39 minutes 36 seconds East, along said west line 72.72 feet; thence South 08 degrees 29 minutes 31 seconds East, along said west line 19.15 feet to the point of beginning. And An easement for storm water retention pond purposes over, under, and across that part of Lot 1, Block 1, SUNDANCE LAKEVILLE SECOND ADDITION, according to the recorded plat thereof, Dakota County, Minnesota, described as follows: Commencing at the northeast corner of said Lot 1; thence South 00 degrees 39 minutes 19 seconds West, assumed bearing along the east line of said Lot 1, 507.71 feet to the most easterly southeast corner of said Lot 1; thence southwesterly 16.13 feet along the southeasterly line of said Lot 1, along a non-tangential curve concave to the southeast, having a radius of 390.00 feet, a central angle of 02 degrees 22 minutes 13 seconds, and a chord bearing of South 41 degrees 57 minutes 34 seconds West; thence North 49 degrees 13 minutes 36 seconds West, along said southeasterly line, 20.00 feet to the point of beginning; thence southwesterly 78.68 feet along said southeasterly line, along a non-tangential curve concave to the southeast, having a radius of 410.00 feet, a central angle of 10 degrees 59 minutes 43 seconds, and a chord bearing of South 35 degrees 16 minutes 36 seconds West; thence westerly 96.00 feet, along a non-tangential curve concave to the south, having a radius of 436.50 feet, a central angle of 12 degrees 36 minutes 02 seconds, and a chord bearing North 73 degrees 55 minutes 55 seconds West; thence North 21 degrees 14 minutes 11 seconds East, 49.63 feet; thence North 89 degrees 55 minutes 54 seconds East, 119.44 feet; thence South 00 degrees 04 minutes 06 seconds East, 8.79 feet to the point of beginning. Page 123 of 172 9 232582v1 EXHIBIT B Page 2 TO STORMWATER MAINTENANCE AGREEMENT Page 124 of 172 10 232582v1 EXHIBIT B Page 3 TO STORMWATER MAINTENANCE AGREEMENT Page 125 of 172 11 232582v1 EXHIBIT C CITY OF LAKEVILLE ENGINEERING STANDARDS FOR STORM WATER TREATMENT FACILITIES [SUBJECT TO CLIENT REVIEW] Pond Maintenance Requirements 1. Annual inspection, maintenance reporting and certification by a professional engineer (Provided by Owner). Information must be submitted to the City annually. 2. Excavate pond to original design capacity when one half (1/2) of the wet volume of the pond is lost due to sediment deposition. 3. Remove floatable debris in and around the pond area including, but not limited to: oils, gases, debris and other pollutants. 4. Maintain landscape adjacent to the facility per original design, including but not limited to: maintenance of the buffer strip and other plant materials as per original plan design. 5. Maintenance of all erosion control measures including but not limited to: rip rap storm sewer outlets, catch basin inlets, etc. Infiltration/Rain Garden Maintenance Requirements 1. Inlet and Overflow Spillway – Remove any sediment build-up or blockage and correct any erosion. 2. Vegetation a. Maintain at least 80% surface area coverage of plants approved per plan. b. Removal of invasive plants and undesirable woody vegetation. c. Removal of dried, dead and diseased vegetation. d. Re-mulch void or disturbed/exposed areas. 3. Annual inspection and maintenance efforts must be documented and submitted to the City. Underground Infiltration System 1. Inspection of street or parking surface must be inspected for evidence of potholes, sinkholes, sediment build up, or surface ponding annually. 2. Annual inspections must be completed of pipe symmetry, pipe joint connections, and outlet structures to look for cracks, defects, misalignment, or seepage. 3. Inspection for accumulation of sediment must be done annually, maintenance should be performed when sediment accumulation occurs. 4. Visual inspection for trash and debris must be conducted monthly and following rain events of 1 inch or greater in 24 hours. 5. Inspections must be performed annually to look for oil accumulation in device or immediately after a spill occurs. Maintenance must be done when a layer of oil/gasoline develops on the surface. Page 126 of 172 12 232582v1 Environmental Manhole Maintenance Requirements 1. Annual inspections, maintenance reporting and certification must be completed by a professional engineer licensed in the State of Minnesota at Owner’s expense. Information must be submitted to the City annually. 2. Maintenance must be performed once the sediment or oil depth exceeds the established requirements recommended by the manufacturer. 3. Maintenance must occur immediately after a spill takes place. Appropriate regulatory agencies must also be notified in the event of a spill. 4. Disposal of materials shall be in accordance with local, state and federal requirements as applicable. Page 127 of 172 1 City of Lakeville Community Development Department Memorandum To: Tina Goodroad, Community Development Director From: Frank Dempsey, AICP, Associate Planner Date: October 25, 2024 Subject: Packet Material for the November 4, 2024 City Council Meeting Agenda Item: Final plat of Sundance Second Addition Action Deadline: December 1, 2024 BACKGROUND Ryan Sailer, representing Timberland Partners, Inc. has submitted an application and plans for the final plat of Sundance Lakeville Second Addition, which proposes one lot and one block with 13 townhome buildings and 167 dwelling units and nine single family home lots, and two outlots totaling 15.75 acres north of 162nd Street (CSAH 46), west of Buck Hill Road and east of Kendale Avenue. The City Council approved the preliminary plat and conditional use permit on August 5, 2024. The 15.75 acre property is platted as Outlot B, Sundance Lakeville which was platted with the first phase medical office development plat approved by the City Council on July 15, 2024. The final plat plans have been submitted to: 1. The Engineering Division 2. The Parks and Recreation Department EXHIBITS A. Zoning Map B. Aerial Photo C. Final Plat D. Approved Preliminary Plat E. Civil Plan Exhibits (8 Pages) Zoning and Surrounding Uses. The subject property on which the townhomes and single- family homes will be located is zoned M-1, Mixed Use I-35 Corridor District and RST-2, Single and Two Family Residential District. The proposed preliminary plat is surrounded by the following land uses: Page 128 of 172 2 Direction Existing Use Land Use Plan Zoning North Single family homes (City of Burnsville) Low Density Residential (Burnsville) R-1, Single Family District South 162nd Street (CSAH 46) and commercial development under construction 162nd Street Right of Way and Commercial C-3, General Commercial District East Buck Hill Road/stormwater basin and I-35 right of way Restricted Development Undesignated (Right- of-Way West Kendale Drive easement and single family homes on Kendale Drive and Dupont Avenue and a single family home on 4.1 acres Low to Medium Density Residential RST-2, Single and Two Family Residential District STAFF ANALYSIS On November 20, 2023, the City Council approved an amendment to the 2040 Comprehensive Land Use Plan for 14 acres of the 18.75 acre parent parcel from Commercial and Medium Density Residential to high density residential and low to medium density residential and to rezone the 14 acres from C-3, General Commercial and RM-1, Medium Density Residential to M-1, Mixed Use I-35 Corridor District and RST-2, Single and Two Family Residential District. Following the amended land use plan and zoning, an application and plans for the proposed medical buildings was submitted for consideration of approval on the south three acres of the commercial zoned property abutting 162nd Street and Buck Hill Road. On June 20, 2024, the Planning Commission held a public hearing to consider the preliminary and final plat of Sundance Lakeville for two commercial medical office buildings abutting 162nd Street and Buck Hill Road. The City Council approved the preliminary plat of Sundance Lakeville that included two commercial (medical) buildings adjacent to 162nd Street at its July 1, 2024 meeting. FINAL PLAT a. Comprehensive Plan. The property is located in Planning District No. 1 of the 2040 Comprehensive Land Use Plan and is within the current Metropolitan Urban Service Area (MUSA). City municipal services, including sanitary sewer service, are available to serve the property. The subject property is guided -CMU, Corridor Mixed Use in the 2040 Comprehensive Land Use Plan. The proposed Sundance Lakeville Second Addition preliminary and final plat meets the recommended goals and objectives outlined in Planning District No. 1 of the 2040 Comprehensive Plan. b. Lot/Block/Outlots. The proposed lots exceed the minimum lot area and lot width requirements of the M-1 and RST-2 Districts. M-1 District Lot Requirements Lot Area and Lot Width Requirements Townhome Lot 1 20,000 Square Feet 11.5 acres 100 feet 263 feet Page 129 of 172 3 RST-2 District Lot Requirements RST-2 Minimum Lot Width and Lot Area Lots 2-9 Lot Width Corner 85 ft. Interior 70 ft.All lots comply with minimum lot width requirements Lot Area Corner 10,500 ft. Interior 8,400 ft. All lots comply with minimum area requirements RST-2 District Single Family Home Setback Requirements Front Side (Interior)Side (Corner)Rear 20 feet house 25 feet garage 7 feet 20 feet 30 feet Outlot A is 0.46 acres and will be deeded to the City for stormwater management purposes Outlot B is 0.27acres and will be deeded to the City for stormwater management purposes c. Streets. Sundance Lakeville abuts 162nd Street (CSAH 46) and will have a shared private drive access at Buck Hill Road. The private street will be extended west to Kendale Drive when the residential area to the north is developed. The private drive will include an easement to allow the commercial and residential portions of the development as well as the public to use the private street connection between Kendale Drive and Buck Hill Road. No parking signs shall be installed on both sides of the private street between Kendale Drive and Buck Hill Road. 162nd Street (CSAH 46) is classified as a minor arterial road in the City’s Transportation Plan and is constructed as a 4-lane divided road. The Dakota County Plat Commission review of the preliminary and final plat indicated that no additional road right-of-way is required with the proposed final plat. There will be no private driveway access to 162nd Street with the proposed medical buildings site plan. Buck Hill Road is classified as a major collector road providing access via a signalized intersection at 162nd Street. No additional right-of-way is required for Buck Hill Road. Kendale Drive is classified as a local street with a 32-foot-wide street constructed temporarily as a rural section road until such time the remaining undeveloped properties adjacent to Kendale Drive are developed. Kendale Drive was constructed as a rural section road in 2001 as part of the Streefland Addition development to the west and is between 60 and 80-feet wide and partly within a temporary roadway easement. The road width is suitable for the commercial and residential development proposed for the Sundance First and Second Addition plats. Kendale Drive to the west is 60 feet wide within the single-family residential development. Kendale Drive will be platted as right-of-way and developed as an urban street (curb, gutter and sidewalks) at the time of development of the remaining properties in this area. d. Grading, Drainage, Erosion Control and Utilities. City sanitary sewer and water is currently available to the site, which is within the current MUSA. All public utilities will be constructed by the developer to serve the proposed preliminary and final plat following final plat approval. City sanitary sewer lift station No. 26 is under construction to provide sanitary sewer service for the development of the 18.75 acre property and other future property developments within the Page 130 of 172 4 Crystal Lake watershed that services this area. Sanitary sewer now going through the Crystal Lake lift station in Burnsville will be diverted to the lift station under constructed in conjunction with Sundance commercial and residential plats. The Developer shall pay a cash fee for construction of sanitary sewer lift station No. 26. The construction of lift station No. 26 was anticipated upon determination that the Crystal Lake lift station was very near capacity. Grading and utility plans have been submitted with the Sundance Lakeville Second Addition preliminary and final plat plans. Grading, drainage, erosion control, utility, and tree preservation review comments are addressed in the engineering report prepared by Jon Nelson, Assistant City Engineer and Mac Cafferty, Environmental Resources Manager, dated July 8, 2024. A copy of the engineering report is attached for reference. e. Wetlands. There are no wetlands associated with the Sundance Lakeville Second Addition preliminary and final plat property. f. Tree Preservation. The tree preservation plan identifies 783 significant trees on the entire 18.75 acre site. Due to the high-density residential development proposed, most trees will be removed with the residential development phase of construction. A tree preservation plan for Sundance Lakeville Second Addition shall be submitted prior to issuance of a city grading permit. The proposed landscape plan outlines the tree replacement proposed as part of the site development. g. Landscaping/Screening. The landscape plan proposes 238 overstory, evergreen, and ornamental trees as noted in the table below: Landscape Materials 112 Overstory trees (2.5-inch min. diameter) 108 Conifer trees (8-foot minimum height) 18 Ornamental trees 39 Shrub plantings The site and landscape plan propose a minimum 30-foot landscaped buffer between the townhome property and the single-family homes to the north. A 30-foot landscaped buffer is consistent with the 30-foot required landscaped buffer between single family homes and commercial zoned property. The landscape plan design along the north boundary of Lot 1 has been amended to include a row of evergreen trees planted south of the utility easement to provide additional year-round screening of the townhome buildings from the north. All landscaped areas shall be irrigated in compliance with Zoning Ordinance requirements. A landscape security based on the contractor estimate shall be submitted with the final plat consideration as financial security for installation of the approved landscaping. h. Park Dedication, Trails and Sidewalks. The City’s Comprehensive Parks, Trails, and Open Space Plan does not identify any future park land needs in the area of the plat. A bituminous trail is in place along the north side of 162nd Street (CSAH 46). Concrete sidewalk will be installed along Kendale Drive in conjunction with development of the residential Sundance Lakeville project. Park dedication will be satisfied with a cash fee in effect at the time of final plat approval. The 2024 park dedication cash fee rate in lieu of park land is $3,012 per dwelling unit for high density residential and $5,774 per dwelling unit for low density residential. Page 131 of 172 5 RECOMMENDATION Community Development Department staff recommends approval of the final plat of Sundance Lakeville Second Addition, subject to the following stipulations: 1. Implementation of the recommendations listed in the August 29, 2024 engineering report. 2. Park dedication must be paid at the time of final plat approval. 3. All landscaped areas shall be irrigated. Trees and shrubs shall not be planted in street right-of-way or within the transmission line utility easement and shall comply with minimum size requirements. 4. The developer shall submit a financial security to guarantee installation of the approved landscaping at the time of final plat approval. 5. Snow storage shall not take place in required parking spaces. 6. A site lighting plan shall be submitted prior to issuance of a building permit. Site lighting shall not exceed one foot candle at the property line adjacent to public right-of-way. All exterior light fixtures shall be down-cast design so as not to glare onto public right-of- way. 7. Trash enclosures shall be constructed of materials consistent with the principal building and shall include a durable, maintenance free gate. 8. A private easement allowing shared public access over the private street and sidewalks between Buck Hill Road and Kendale Drive shall be submitted prior to final plat approval. The private easement shall include commitments to street construction to City of Lakeville standards, maintenance and repair, and maintenance and repair of the private storm sewer system within the private street. 9. No parking signs shall be installed on both sides of the private street between Kendale Drive and Buck Hill Road. Page 132 of 172 COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL R D KENDALE DR (PUBLIC) (PU B L I C )5' SIDEWALK5' SIDEWALK24'20'20'20'24'32'19.8'BUILDING 212-UNITSBUILDING 1212-UNITSBUILDING 1311-UNITSBUILDING 412-UNITSBUILDING 612-UNITSBUILDING 812-UNITSBUILDING 1112-UNITSBUILDING 912-UNITSBUILDING 1012-UNITSBUILDING 716-UNITSBUILDING 114-UNITSSTORMWATERPONDSTORMWATERPONDSTORMWATERPONDSTORMWATERPONDBUILDING 316-UNITS12,500 SFSINGLE STORYSINGLE STORY14,000 SF11'BUILDING 516-UNITSCommunity Room110Game Room109Lobby100Office101Office102Work Room103Mech104Womens105Mens106Yoga108Fitness107Concrete Pool DeckPool Equip112Mech/Storage111PoolCLUBHOUSEPROPERTY LINE5' INTERIOR PARKING SETBACKBUILDING SETBACK/EASEMENTTRASHENCLOSUREFD Maint. StorageM3 Bike FixitM1 Pet WashM2MAINT.DOG RUNBUILDING 316-UNITSBUILDING 112-UNITSPROPERTY ZONING M-1 MIXED USE I-35CORRIDOR DISTRICT485,781 SF (11.15 AC)RST-2, SINGLE AND TWO FAMILYRESIDENTIAL DISTRICT156,508 SF (3.59 AC)FUTURE R.O.W DEDICATION:21,682 SF (.49 AC)INCLUDED IN 3.59 AC .C-3, GENERAL COMMERCIAL130,933 SF (3.01 AC)R.O.W DEDICATION:43,932 SF (1.01 AC)EXHIBIT APage 133 of 172 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 158TH ST City of Burnsville KENDALE DR Sundance Lakeville Second Addition City of Lakeville Sundance Lakeville Second Addition Location Map EXHIBIT B BUCK HILL R D 162ND ST (CSAH 46) Sundance LakevilleDUPONT AVEKENYON AVE KENT TRLPage 134 of 172 R=410.00 L=101.31 Δ=14°09'25" C.Brg =S33°41'44" W C=101.05S88°40'52"E 263.48S00°45'50"W 294.65 N89°45'28"W 1064.56N00°39'19"E 507.71 R = 3 9 0 .0 0 L = 1 6 .1 3 Δ = 2 ° 2 2 '1 3" C.B rg = S 4 1 ° 5 7 ' 3 4 "WC = 1 6 .1 3S49°13'36"E20.00DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO.1452345678910N01°30'01"E 197.34 S4 0 ° 0 6 ' 5 3 " W 2 2 5 . 7 7 N40°06'53"E 134.34N02°39'36"W72.72N08°29'31"W19.15R=271.45L=326.69Δ=68°57'24"C.Brg=N35°58'23"WC=307.3358.6496.99139.02 97.35658.24144.45164.52S73°59'08"W49.64N00°00'00"E 203.63 S15°5 9 ' 3 2 " W 1 1 6 . 6 3S34°11'49"E 146.13N49°53'07"W 206.07N49°53'07"W 174.36N49°53'07"W 110.00N49°53'07"W 110.00N63°12'55"W 114.5973.96 R=6 0. 0 0 L=259.73Δ=248°01'16"C.Brg =N8 7°28'35"WC=99.4743.9990.3587.06 6 0 . 7 1 7 8 . 0 0 R=27.50L=34.37=71°36'05"L=12.04=11°29'54"L=79.37Δ=75°47'30"L=52.56Δ=50°11'21"L=50.01Δ=47°45'39"L=55.5 3 Δ=53°01'5 4 "L=10.21=9°44'58"KENYON C O U R TL=88.06Δ=18°35'11"L =7 3 .9 5 Δ=15 °3 6 '3 0 "N89°45'28"W 1568.22N00°00'00"E 172.75 R=170.00L =153.02Δ=51°34'27"N90°00'00"E 185.01R=414.00L=159.33Δ=22°03'01"C.Brg=N78°58'29"WC=158.35R=99.04L=73.58=42°34'12"C.Brg=N59°42'39"EC=71.90BLOCK 1N63°45 '12 "E 155 .31 N 4 0 ° 0 6 ' 5 3 " E 3 0 9 . 0 1 129.67 1L=60.30Δ=12°43'43"L=88.29Δ=18°38'11"5 7 . 8 3 7 5 . 9 7 7 8 . 0 0 9 7 . 2 1 N90°00'00"E31.70S00°06'51"W 160.70 R=15.67L=25.49=93°13'12"S89°32'09"W 149.69S40°06'53"W70.68S73°59'08"W52.62N73°56'32"E60.70S67°10'13"E18.48S00°00'54"W 170.26 R=8.58L=12.87=85°55'47"N89°58'55"W57.90100.94 96.40 2 8 9 . 7 7 19.24OUTLOT B OUTLOT AL=12.02Δ=2°32'14"L=4.07Δ=0°51'36"N49°53'07"W2.00B LO C K 1 1SUNDANCE LAKEVILLE SECOND ADDITIONEXHIBIT CPage 135 of 172 Community Room110Game Room109Lobby100Office101Office102Work Room103Mech104Womens105Mens106Yoga108Fitness107Concrete Pool DeckPool Equip112Mech/Storage111PoolFDMaint. StorageM3 Bike FixitM1Pet WashM2MAINT.DOG RUNR=410.00 L=101.31 Δ=14°09'25" C.Brg =S33°41'44"W C=101.05S88°40'52"E 263.48S00°45'50"W 294.65 N89°45'28"W 1064.56N00°39'19"E 507.71 R = 3 9 0 .0 0 L = 1 6 .1 3 Δ = 2 ° 2 2'1 3 " C .B rg = S 4 1 ° 5 7 '3 4 "WC = 1 6 .1 3S49°13'36"E20.00DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO.1452345678910N01°30'01"E 197.34 S40°06'53"W 225.77N40°06'53"E 134.34N02°39'36"W72.72N08°29'31"W19.15R=271.45L=326.69Δ=68°57'24"C.Brg=N35°58'23"WC=307.3358.6496.99139.02 97.35658.24137.43171.54N40°06'53"E 164.94 N90°00'00"E 128.20N00°00'00"E 371.49 S18°09'40"W 118.66S34°11'49"E 146.13N49°53'07"W 206.07N49°53'07"W 174.36N49°53'07"W 120.11N49°53'07"W 120.11N49°53'07"W 120.9626.41138.53 140.84R=60.00L=259.73Δ=248°01'16"C.Brg=N87°28'35"WC=99.4743.9990.3582.73 68.0475.00 R=27.50L=34.37=71°36'05"L=12.04=11°29'54"L=79.37Δ=75°47'30"L=54.83Δ=52°21'28"L=45.70Δ=43°38'44"L=60.7 7Δ=58°01'3 7 "L=7.02=6°42'03"KENYON COURTL=133.79Δ=28°14'23"L =4 4 .3 1Δ=9 °2 1 '0 8 "N00°00'00"E 172.75 R=170.00L=153.02Δ=51°34'27"N90°00'00"E 185.01R=414.00L=159.33Δ=22°03'01"C.Brg=N78°58'29"WC=158.35R=99.04L=73.58=42°34'12"C.Brg=N59°42'39"EC=71.90BLOCK 1N90°00'00"E 140.23N40°06'53"E 198.96OUTLOT A48.59 75.00 75.37152.16 78.49 1L=60.30Δ=12°43'43"L=88.29Δ=18°38'11"PARCEL AREA TABLEPARCELLot 1Lot 2Lot 3Lot 4Lot 5Lot 6Lot 7Lot 8Lot 9Lot 10Outlot ARight of WayTotalAREA SF485,78112,5629,0089,01113,87921,92112,93617,57015,12913,0569,75321,683642,290AREA AC11.150.290.210.210.320.500.300.400.350.300.220.5014.74FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION4SUNDANCE LAKEVILLE CUP/PRELIMINARY & FINAL PLAT PRELIMINARY PLAT 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700LEGEND: EXHIBIT DPage 136 of 172 COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL R D KENDALE DR (PUBLIC)DAKOTA COUNTY ROAD RIGHT OF WAY MAP NO.145(PU B L I C )Community Room110Game Room109Lobby100Office101Office102Work Room103Mech104Womens105Mens106Yoga108Fitness107Concrete Pool DeckPool Equip112Mech/Storage111PoolFDMaint. StorageM3 Bike FixitM1Pet WashM2MAINT.DOG RUN1BLOCK 12345678910KENYON COURT BUILDING 212-UNITSBUILDING 1212-UNITSBUILDING 1311-UNITSBUILDING 412-UNITSBUILDING 612-UNITSBUILDING 812-UNITSBUILDING 1112-UNITSBUILDING 912-UNITSBUILDING 1012-UNITSBUILDING 716-UNITSINFILTRATIONBASINBUILDING 316-UNITSBUILDING 516-UNITSCLUBHOUSEBUILDING 112-UNITSINFILTRATIONBASININFILTRATIONBASININFILTRATIONBASINOUTLOT AOUTLOT B FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION6SUNDANCE LAKEVILLE CUP/PRELIMINARY & FINAL PLAT SITE PLAN OVERALL 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700EXHIBIT E Page 137 of 172 R=410.00 L=265.91 Δ=37°09'3 7"R=4681.66L=87.53Δ=1°04'16"COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL R D KENDALE DR (PUBLIC)S88°40'52"E 712.12S01°19'08"W 307.15 R=140.00L=183.39Δ=75°03'19"C.Brg=S36°12'31"ES00°45'50"W 385.50 N89°45'28"W 1064.56N00°39'19"E 507.71 R = 3 9 0 . 0 0 L = 1 6 . 1 3 = 2 ° 2 2 ' 1 3 "S49°13'36"E20.00N03°36'50"E 73.38S86°23'10"E40.00N03°36'50"E25.68(PU B L I C )ΔΔCommunity Room110Game Room109Lobby100Office101Office102Work Room103Mech104Womens105Mens106Yoga108Fitness107Concrete Pool DeckPool Equip112Mech/Storage111PoolFD Maint. StorageM3 Bike FixitM1 Pet WashM2MAINT.DOG RUN1BLOCK 12345678910KENYON COURT BUILDING 212-UNITSBUILDING 1212-UNITSBUILDING 1311-UNITSBUILDING 412-UNITSBUILDING 612-UNITSBUILDING 812-UNITSBUILDING 1112-UNITSBUILDING 912-UNITSBUILDING 1012-UNITSBUILDING 716-UNITSINFILTRATIONBASINBUILDING 316-UNITSBUILDING 516-UNITSCLUBHOUSEBUILDING 112-UNITSINFILTRATIONBASININFILTRATIONBASININFILTRATIONBASINOUTLOT AOUTLOT B W/O W/O W/O C W/O L/O FFW/OC L/O 12SUNDANCE LAKEVILLE CUP/PRELIMINARY & FINAL PLAT GRADING AND EROSION CONTROL PLAN OVERALL 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700Page 138 of 172 R=410.00 L=265.91 Δ=37°09'3 7"R=4681.66L=87.53Δ=1°04'16"COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL R D KENDALE DR (PUBLIC)S88°40'52"E 712.12S01°19'08"W 307.15 R=140.00L=183.39Δ=75°03'19"C.Brg=S36°12'31"ES00°45'50"W 385.50 N89°45'28"W 1064.56N00°39'19"E 507.71 R = 3 9 0 . 0 0 L = 1 6 . 1 3 = 2 ° 2 2 ' 1 3 "S49°13'36"E20.00N03°36'50"E 73.38S86°23'10"E40.00N03°36'50"E25.68(PU B L I C )ΔΔCommunity Room110Game Room109Lobby100Office101Office102Work Room103Mech104Womens105Mens106Yoga108Fitness107Concrete Pool DeckPool Equip112Mech/Storage111PoolFD Maint. StorageM3 Bike FixitM1 Pet WashM2MAINT.DOG RUN1BLOCK 12345678910KENYON COURT BUILDING 212-UNITSBUILDING 1212-UNITSBUILDING 1311-UNITSBUILDING 412-UNITSBUILDING 612-UNITSBUILDING 812-UNITSBUILDING 1112-UNITSBUILDING 912-UNITSBUILDING 1012-UNITSBUILDING 716-UNITSINFILTRATIONBASINBUILDING 316-UNITSBUILDING 516-UNITSCLUBHOUSEBUILDING 112-UNITSINFILTRATIONBASININFILTRATIONBASININFILTRATIONBASINOUTLOT AOUTLOT B W/O W/ O W/ O C W/O L/O FFW/O C L/O FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION18SUNDANCE LAKEVILLE CUP/PRELIMINARY & FINAL PLAT STORMWATER POLLUTION PREVENTION (SWPPP) PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700Page 139 of 172 Community Room110Game Room109Lobby100Office101Office102Work Room103Mech104Womens105Mens106Yoga108Fitness107Concrete Pool DeckPool Equip112Mech/Storage111PoolFD Maint. StorageM3 Bike FixitM1 Pet WashM2MAINT.DOG RUN1BLOCK 12345678910KENYON COURTOUTLOT AOUTLOT B COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL R D KENDALE DR (PUBLIC) (PU B L I C ) KENDALE DR (PUBLIC)162nd STREET WFOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION23SUNDANCE LAKEVILLE CUP/PRELIMINARY & FINAL PLAT SEWER AND WATER PLAN - OVERALL 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700UTILITY NOTESLEGENDPage 140 of 172 R=410.00 L=265.91 Δ=37°09'3 7"R=4681.66L=87.53Δ=1°04'16"COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL R D KENDALE DR (PUBLIC)S88°40'52"E 712.12S01°19'08"W 307.15 R=140.00L=183.39Δ=75°03'19"C.Brg=S36°12'31"ES00°45'50"W 385.50 N89°45'28"W 1064.56N00°39'19"E 507.71 R = 3 9 0 . 0 0 L = 1 6 . 1 3 = 2 ° 2 2 ' 1 3 "S49°13'36"E20.00N03°36'50"E 73.38S86°23'10"E40.00N03°36'50"E25.68(PU B L I C )ΔΔCommunity Room110Game Room109Lobby100Office101Office102Work Room103Mech104Womens105Mens106Yoga108Fitness107Concrete Pool DeckPool Equip112Mech/Storage111PoolFD Maint. StorageM3 Bike FixitM1 Pet WashM2MAINT.DOG RUN1BLOCK 12345678910KENYON COURT BUILDING 212-UNITSBUILDING 1212-UNITSBUILDING 1311-UNITSBUILDING 412-UNITSBUILDING 612-UNITSBUILDING 812-UNITSBUILDING 1112-UNITSBUILDING 912-UNITSBUILDING 1012-UNITSBUILDING 716-UNITSINFILTRATIONBASINBUILDING 316-UNITSBUILDING 516-UNITSCLUBHOUSEBUILDING 112-UNITSINFILTRATIONBASININFILTRATIONBASININFILTRATIONBASINOUTLOT AOUTLOT B SEE 12-A UNIT TYPICALFOUNDATION PLANTING, SHEET 45SEE 12-B UNIT TYPICALFOUNDATION PLANTING, SHEET 45SEE 16 UNIT TYPICALFOUNDATION PLANTING, SHEET 45SEE 12-A UNIT TYPICALFOUNDATION PLANTING, SHEET 45SEE 12-A UNIT TYPICALFOUNDATION PLANTING, SHEET 45SEE 12-A UNIT TYPICALFOUNDATION PLANTING, SHEET 45SEE 11 UNIT TYPICAL FOUNDATION PLANTING,SHEET 45SEE 12-A UNIT TYPICALFOUNDATION PLANTING, SHEET 45SEE 16 UNIT TYPICALFOUNDATION PLANTING, SHEET 45SEE 16 UNIT TYPICALFOUNDATION PLANTING, SHEET 45SEE 12-A UNIT TYPICALFOUNDATION PLANTING, SHEET 45SEE 12-A UNIT TYPICALFOUNDATION PLANTING, SHEET 45SEE 12-A UNIT TYPICALFOUNDATION PLANTING, SHEET 45FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION38SUNDANCE LAKEVILLE CUP/PRELIMINARY & FINAL PLAT LANDSCAPE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700LANDSCAPE REQUIREMENTS: FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONPage 141 of 172 BUILDING 912-UNITSBUILDING 1311-UNITSBUILDING 716-UNITSFD Bike Fixit M1 Pet Wash M2 BUILDING 212-UNITS733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 70045SUNDANCE LAKEVILLE CUP/PRELIMINARY & FINAL PLAT TYPICAL LANDSCAPE PLANS16 UNIT TYPICAL FOUNDATION PLANTINGSCALE: 1" = 20'411 UNIT TYPICAL FOUNDATION PLANTINGSCALE: 1" = 20'112-B UNIT TYPICAL FOUNDATION PLANTINGSCALE: 1" = 20'2LEGEND:LANDSCAPE SCHEDULE: 12-A UNIT TYPICAL FOUNDATION PLANTINGSCALE: 1" = 20'3FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONPage 142 of 172 R=410.00 L=265.91 Δ=37°09'37"R=4681.66L=87.53Δ=1°04'16"COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL R D KENDALE DR (PUBLIC)S88°40'52"E 712.12S01°19'08"W 307.15 R=140.00L=183.39Δ=75°03'19"C.Brg=S36°12'31"ES00°45'50"W 385.50 N89°45'28"W 1064.56N00°39'19"E 507.71 R = 3 9 0 . 0 0 L = 1 6 . 1 3 = 2 ° 2 2 ' 1 3 "S49°13'36"E20.00N03°36'50"E 73.38S86°23'10"E40.00N03°36'50"E25.68(PU B L I C )Community Room110Game Room109Lobby100Office101Office102Work Room103Mech104Womens105Mens106Yoga108Fitness107Concrete Pool DeckPool Equip112Mech/Storage111PoolFD Maint. StorageM3 Bike FixitM1 Pet WashM2 1BLOCK 12345678910KENYON COURT OUTLOT AOUTLOT B 46SUNDANCE LAKEVILLE CUP/PRELIMINARY & FINAL PLAT TREE PRESERVATION PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONFOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONPage 143 of 172 R=410.00 L=265.91 Δ=37°09'37"R=4681.66L=87.53Δ=1°04'16"COUNTY HWY NO. 46 (PUBLIC) (AKA 162ND ST W)BUCK HILL R D KENDALE DR (PUBLIC)S88°40'52"E 712.12S01°19'08"W 307.15 R=140.00L=183.39Δ=75°03'19"C.Brg=S36°12'31"ES00°45'50"W 385.50 N89°45'28"W 1064.56N00°39'19"E 507.71 R = 3 9 0 . 0 0 L = 1 6 . 1 3 = 2 ° 2 2 ' 1 3 "S49°13'36"E20.00N03°36'50"E 73.38S86°23'10"E40.00N03°36'50"E25.68(PU B L I C )Community Room110Game Room109Lobby100Office101Office102Work Room103Mech104Womens105Mens106Yoga108Fitness107Concrete Pool DeckPool Equip112Mech/Storage111PoolFD Maint. StorageM3 Bike FixitM1 Pet WashM2 1BLOCK 12345678910KENYON COURT OUTLOT AOUTLOT B 46SUNDANCE LAKEVILLE CUP/PRELIMINARY & FINAL PLAT TREE PRESERVATION PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONFOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONPage 144 of 172 48SUNDANCE LAKEVILLE CUP/PRELIMINARY & FINAL PLAT TREE INVENTORY 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONFOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONTREE PROTECTION FENCENOT TO SCALEPage 145 of 172 City of Lakeville Public Works – Engineering Division Memorandum To: Frank Dempsey, Associate Planner From: Jon Nelson, Assistant City Engineer McKenzie L. Cafferty, Environmental Resources Manager Joe Masiarchin, Parks and Recreation Director Copy: Zach Johnson, City Engineer Julie Stahl, Finance Director Dave Mathews, Building Official Tina Goodroad, Community Development Director Date: October 25, 2024 Subject: Sundance Lakeville Second Addition • Final Plat • Final Grading and Erosion Control Plan • Final Tree Preservation • Final Utility Plan BBAACCKKGGRROOUUNNDD Timberland Partners, LLC has submitted a final plat application for a development named Sundance Lakeville Second Addition. The Sundance Lakeville Second Addition preliminary plat was approved by the City Council on August 5, 2024. The proposed subdivision is located north of and adjacent to 162nd Street West (CSAH 46), west of and adjacent to Buck Hill Road, and including and adjacent to Kendale Drive. The parent parcel consists of one metes and bounds parcel (PID No. 220011037020) zoned M-1, Mixed Use and RT-2 Single Family Residential District. The final plat consists of nine (9) single family lots, and one (1) lot with thirteen (13) attached townhomes and one (1) clubhouse within one (1) block, and two (2) outlots on 15.75 acres. The outlots created with the final plat shall have the following use: Outlot A: Stormwater Management Basin; to be deeded to the City (0.46 acres) Outlot B: Stormwater Management Basin; to be deeded to the City (0.27 acres) The proposed development will be completed by: Developer: Timberland Partners, LLC Page 146 of 172 SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE SSEECCOONNDD AADDDDIITTIIOONN FFIINNAALL PPLLAATT OOCCTTOOBBEERR 2255,, 22002244 PPAAGGEE 22 OOFF 1100 Engineer/Surveyor: Alliant Engineering SSIITTEE CCOONNDDIITTIIOONNSS The Sundance Lakeville Second Addition site consists of undeveloped wooded land area generally draining north to south. Development of Sundance Lakeville is underway on the southeast end of the site. There were two barns and a property access on the south end of the site that will be removed with Sundance Lakeville. There is an overhead high voltage utility line on the north end of the site. EEAASSEEMMEENNTTSS There are no existing easements on the parent parcel that will be vacated. Prior to recording of the final plat: • A cross access and drainage and utility easement for the private road connecting Kendale Drive and Buck Hill Road over Lot 1, Block 1 and Sundance Lakeville shall be shown on the final plat. • An easement for public use of the private road and sidewalk shall be submitted as a condition of final plat approval. SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT 162nd Street West (CSAH 46) Sundance Lakeville Second Addition is located north of and adjacent to 162nd Street West, a minor arterial roadway, as identified in the City’s Transportation Plan. 162nd Street West is constructed as a four-lane divided urban roadway adjacent to the preliminary plat. The existing right-of-way is a total of 150-ft as shown on the preliminary plat. No additional right- of-way is required. Site access shall be modified at the intersection of Kendale Drive and 162nd Street West in accordance with the requirements set forth by the Dakota County Plat Commission. Buck Hill Road Sundance Lakeville Second Addition is located west of and adjacent to Buck Hill Road, a local roadway. Access for the development is proposed at Buck Hill Road. Buck Hill Road is designated as a 60-foot-wide urban road with a sidewalk along one side, within a varying width right-of-way. The Developer shall construct improvements along Buck Hill Road as determined with the first phase final plat. Kendale Drive Sundance Lakeville Second Addition is located adjacent to and including Kendale Drive, a local roadway. Kendale Drive is designated as a 32-foot-wide rural roadway. The Developer shall improve Kendale Drive as an urban roadway section on the east side. Kendale Drive was dedicated 60-feet of right-of-way to the City with the Sundance Lakeville final plat. Kenyon Avenue Page 147 of 172 SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE SSEECCOONNDD AADDDDIITTIIOONN FFIINNAALL PPLLAATT OOCCTTOOBBEERR 2255,, 22002244 PPAAGGEE 33 OOFF 1100 Development of Sundance Lakeville Second Addition includes the construction of Kenyon Court, a local roadway. Kenyon Court is designed as a 32-foot-wide urban roadway within a 60-foot-wide right-of-way terminating in a cul-de-sac. The Developer is dedicating the necessary right-of-way as shown on the final plat. Private Drives Development of Sundance Lakeville Second Addition includes the construction of a privately owned and maintained roadway and sidewalk network providing driveway access to the attached townhome buildings. The private roadway network is designed as 24-foot-wide urban roadway, with the exception of a 32-foot-wide urban roadway connecting Buck Hill Road and Kendale Drive. The Developer shall dedicate a cross access and drainage and utility easement over the private roadway. The City shall not be responsible for any repairs (including cost) to the private roadway due to maintenance within the easement area. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and street construction will be determined with the final construction plans. PPAARRKKSS,, TTRRAAIILLSS,, AANNDD SSII DDEEWWAALLKKSS Development of Sundance Lakeville Second Addition includes the construction of public sidewalks. Five-foot-wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of Kendale Drive from 162nd Street West to Dupont Avenue. The Developer will be credited for sidewalk installed between the western plat boundary and Dupont Avenue. 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: 167 units x $3,012 = $503,004.00 Total Dwelling Units Sundance Lakeville 2nd Addition (High Density) 2024 Unit Rate (High Density) High Density Dedication Requirement Sundance Lakeville 2nd Addition 9 units x $5,774 = $51,966.00 Total Dwelling Units Sundance Lakeville 2nd Addition (Low Density) 2024 Unit Rate (Low Density) Low Density Dedication Requirement Sundance Lakeville 2nd Addition $503,004.00 + $51,966.00 = $554,970.00 Low Density Dedication Requirement Sundance Lakeville 2nd Addition High Density Dedication Requirement Sundance Lakeville 2nd Addition Total Dedication Requirement Sundance Lakeville 2nd Addition Page 148 of 172 SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE SSEECCOONNDD AADDDDIITTIIOONN FFIINNAALL PPLLAATT OOCCTTOOBBEERR 2255,, 22002244 PPAAGGEE 44 OOFF 1100 UUTTIILLIITTIIEESS SSAANN IITTAARRYY SSEE WWEERR Sundance Lakeville is located within subdistrict CL-41200 of the Crystal Lake sanitary sewer district, as identified in the City’s Comprehensive Sewer Plan. Wastewater will be conveyed through sanitary sewer to the northern trunk monitored by meter M630 and continue to the Seneca Wastewater Treatment Facility. Sundance Lakeville Second Addition includes the extension of public sanitary sewer. 8-inch sanitary sewer will be extended from Kendale Drive through Kenyon Court. City sanitary sewer lift station No. 26 is under construction in conjunction with Sundance Residential. The Developer shall pay a cash fee for construction of sanitary sewer lift station No. 26. The fee is calculated based on the development impact to the overall sanitary flow to the lift station. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and will be required with the final plat. The fee will be based on the current rate in effect at the time of final plat approval. WWAATTEERRMMAAIINN Development of Sundance Lakeville Second Addition includes the extension of public watermain. 8-inch watermain will be extended within the subdivision from 8-inch watermain extended onto a private drive constructed with the Sundance Lakeville development. The 8- inch watermain extends to the subdivision from Buck Hill Road. 8-inch watermain shall be extended along Kendale Drive from 162nd Street West to Dupont Avenue. The 8-inch watermain installed along Kendale Drive shall extend through Kenyon Court to the northern terminus of the cul-de-sac. The Developer will be credited for watermain installed between the western plat boundary and Dupont Avenue. The City’s Comprehensive Water Plan does not identify any trunk watermain improvements within the proposed plat. OOVVEERRHHEEAADD LLIINN EESS An overhead electric transmission line and poles are located along the north side of the parent parcel. The transmission line is a high voltage line and is therefore not required to be buried, consistent with the City’s Public Ways and Property Ordinance. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Sundance Lakeville Second Addition is located within subdistricts CL-007, CL-009, and CL-010 of the Crystal Lake stormwater district, as identified in the City’s Water Resources Management Plan. Development of Sundance Lakeville Second Addition includes the construction of two publicly owned and maintained stormwater management basin and two privately-owned and maintained stormwater management basins to collect and treat the stormwater runoff Page 149 of 172 SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE SSEECCOONNDD AADDDDIITTIIOONN FFIINNAALL PPLLAATT OOCCTTOOBBEERR 2255,, 22002244 PPAAGGEE 55 OOFF 1100 generated from the site. Three of the basins will ultimately outlet to the storm sewer along Kendale Drive to the west. One basin will outlet to the storm sewer along 162nd Street West to the south. The Developer shall enter into a maintenance agreement and grant an easement to the City over the private stormwater improvements. The public stormwater management basin will be located within Outlot A which will be deeded to the City with the final plat. The stormwater management design is consistent with City ordinance requirements. The temporary basin constructed with Sundance Lakeville shall be removed and restored in accordance with the National Pollution Discharge Elimination System General Stormwater Permit requirements. Development of Sundance Lakeville Second Addition falls within the Crystal Lake Watershed Drainage Area. The Crystal Lake Surcharge has not been collected and will be collected with the final plat, calculated as follows: Crystal Lake Surcharge Summary Gross Area of Sundance Lakeville 2nd Addition Less Area of Outlot A (Stormwater Basin) Less Area of Outlot B (Stormwater Basin) 642,075 s.f. 20,037 s.f. 11,761 s.f. Total Crystal Lake Surcharge Area 610,277 s.f. 142,877 s.f. x $0.0134/s.f. = $1,914.55 Net Area Sundance Lakeville 2nd Addition (Single Family) 2024 Unit Rate (Single Family) Crystal Lake Surcharge Sundance Lakeville 2nd Addition (Single Family) 467,400 s.f. x $0.0153/s.f. = $7,151.22 Net Area Sundance Lakeville 2nd Addition (Multi Family) 2024 Unit Rate (Multi Family) Crystal Lake Surcharge Sundance Lakeville 2nd Addition (Multi Family) $1,914.55 + $7,151.22 = $9,065.77 Crystal Lake Surcharge Sundance Lakeville 2nd Addition (Single Family) Crystal Lake Surcharge Sundance Lakeville 2nd Addition (Multi Family) Crystal Lake Surcharge Sundance Lakeville 2nd Addition The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Page 150 of 172 SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE SSEECCOONNDD AADDDDIITTIIOONN FFIINNAALL PPLLAATT OOCCTTOOBBEERR 2255,, 22002244 PPAAGGEE 66 OOFF 1100 Sundance Lakeville 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. SSTTOORRMM SSEEWWEERR Development of Sundance Lakeville Second Addition includes the construction of public and private sewer systems. Public storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basin located within Outlots A and B. Draintile construction is required in areas of non-granular soils within Sundance Lakeville for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and will be collected with the final plat, calculated as follows: Storm Sewer Charge Summary Gross Area of Sundance Lakeville 2nd Addition Less Area of Outlot A (Stormwater Basin) Less Area of Outlot B (Stormwater Basin) 642,075 s.f. 20,037 s.f. 11,761 s.f. Total Storm Sewer Charge Area 610,277 s.f. 142,877 s.f. x $0.178/s.f. = $25,432.11 Net Area Sundance Lakeville 2nd Addition 2024 Unit Rate (Single Family) Storm Sewer Charge Sundance Lakeville 2nd Addition (Single Family) 467,400 s.f. x $0.198/s.f. = $92,545.20 Net Area Sundance Lakeville 2nd Addition 2024 Unit Rate (Multi Family) Storm Sewer Charge Sundance Lakeville 2nd Addition (Multi Family) $25,432.11 + $92,545.20 = $117,977.31 Storm Sewer Charge Sundance Lakeville 2nd Addition (Single Family) Storm Sewer Charge Sundance Lakeville 2nd Addition (Multi Family) Storm Sewer Charge Sundance Lakeville 2nd Addition (Multi Family) Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. Page 151 of 172 SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE SSEECCOONNDD AADDDDIITTIIOONN FFIINNAALL PPLLAATT OOCCTTOOBBEERR 2255,, 22002244 PPAAGGEE 77 OOFF 1100 FEMA FLOODPLAIN ANALYSIS Sundance Medical Second Addition is shown on the Flood Insurance Rate Map (Map No. 27037C0183E; Eff. Date 12/2/2011) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS A wetland delineation was completed by the developer and reviewed by City Staff. No wetlands were identified on the site. TTRREEEE PPRREESSEERRVVAATTIIOONN A tree preservation plan was submitted by the developer for the entirety of the Sundance Lakeville preliminary plat. There are 783 significant trees located within the preliminary plat boundaries. The tree preservation plan proposes to save 643 of the significant trees on site. A tree preservation plan for Sundance Lakeville Second Addition shall be submitted prior to issuance of a city grading permit. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1. Significant trees, as identified in the Lakeville Subdivision Ordinance, shall be protected and preserved through termination of all grading and construction activities. EERROOSSIIOONN CCOONNTTRROOLL The Developer is responsible for obtaining a MPCA Construction Permit for the site as well as developing a SWPPP for the site prior to construction. The permit requires that all erosion and sediment BMPS be clearly outlined in a site’s SWPPP. Changes made throughout construction must be documented in the SWPPP. The Developer is responsible for the establishment of native vegetation around all stormwater management basins within the buffer areas. Redundant silt fence is required along all waterways that do not have an established 50-foot buffer. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. The MS4 Administration Fee has not been collected on the parent parcels and shall be paid with the final plat, calculated as follows: $287,605.00 x 2% = $5,752.10 Grading Cost Sundance Lakeville 2nd Addition 2024 Rate MS4 Administration Fee Sundance Lakeville Page 152 of 172 SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE SSEECCOONNDD AADDDDIITTIIOONN FFIINNAALL PPLLAATT OOCCTTOOBBEERR 2255,, 22002244 PPAAGGEE 88 OOFF 1100 SECURITIES The Developers shall provide a Letter of Credit as security for the Developer-installed improvements relating to Sundance Lakeville Second Addition. Construction costs are based upon estimates submitted by the Developer’s engineer on August 27, 2024. CONSTRUCTION COSTS Sanitary Sewer $ 74,630.00 Watermain 164,805.00 Storm Sewer 132,566.00 Street Construction 179,284.82 Grading, Erosion Control and Vegetation Establishment 113,992.00 SUBTOTAL - CONSTRUCTION COSTS $ 665,277.82 OTHER COSTS Developer’s Design (3.0%) $ 19,958.33 Developer’s Construction Survey (2.5%) 16,631.95 City’s Legal Expense (0.5%) 3,326.39 City Construction Observation (5.0%) 33,263.89 Developer’s Record Drawing (0.5%) 3,326.39 Landscaping Street Lights 178,792.00 2,400.00 Lot Corners/Iron Monuments 1,200.00 SUBTOTAL - OTHER COSTS $ 258,898.95 TOTAL PROJECT SECURITY $ 924,176.77 The street light security totals $2,400 which consists of two (2) post-top street light at $1,200 each. The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $1,200.00. 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 $15,650.00 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: 176 units x $40.48/unit = $7,124.48 Total Units Sundance Lakeville 2nd 2024 Rate (Residential) Streetlight Operating Fee Sundance Lakeville 2nd Addition Page 153 of 172 SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE SSEECCOONNDD AADDDDIITTIIOONN FFIINNAALL PPLLAATT OOCCTTOOBBEERR 2255,, 22002244 PPAAGGEE 99 OOFF 1100 Addition ] A cash fee for one-year of environmental resources management expenses shall be paid with the final plat and is calculated as follows: 167 units x $59.16/unit x 0.50 = $4,939.86 Total Units Sundance Lakeville 2nd Addition 2024 Rate Utility Factor (Townhomes) Environmental Resources Fee Sundance Lakeville 2nd Addition (Townhomes) 9 units x $59.16/unit x 1.00 = $532.44 Total Units Sundance Lakeville 2nd Addition 2024 Rate Utility Factor (Single Family Residential) Environmental Resources Fee Sundance Lakeville 2nd Addition (Single Family Residential) $4,939.86 + $532.44 = $5,472.30 Environmental Resources Fee Sundance Lakeville 2nd Addition (Townhomes) Environmental Resources Fee Sundance Lakeville 2nd Addition (Single Family Residential) Environmental Resources Fee Sundance Lakeville 2nd Addition A cash fee for the preparation of addressing, property data, and City base map updating shall be paid with the final plat and is calculated as follows: 12 lots x $90.00/unit = $1,080.00 Lots/Outlots Sundance Lakeville 2nd Addition 2024 Rate Property Data & Asset/Infrastructure Mgmt. Fee Sundance Lakeville 2nd Addition The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. 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 $19,958.33. The Developer shall pay a cash fee for construction of sanitary sewer lift station No. 26 of $199,389.18. The fee is calculated based on the development impact to the overall sanitary flow to the lift station. The development has a 10.35% impact to the sanitary flow to the lift station, or 29,440 gallons per day of 284,279 gallons per day. The estimated construction cost of construction of sanitary sewer lift station No. 26 is $1,925,345.00. CASH REQUIREMENTS Park Dedication $ 554,970.00 Crystal Lake Surcharge 9,065.77 Storm Sewer Charge 117,977.31 MS4 Administration Fee 5,752.10 Traffic Control Signs 15,650.00 Page 154 of 172 SSUUNNDDAANNCCEE LLAAKKEEVVIILLLLEE SSEECCOONNDD AADDDDIITTIIOONN FFIINNAALL PPLLAATT OOCCTTOOBBEERR 2255,, 22002244 PPAAGGEE 1100 OOFF 1100 Streetlight Operating Fee 7,124.48 Environmental Resources Management Fee 5,472.30 Property Data and Asset/Infrastructure Management Fee 1,080.00 City Engineering Administration (3.00%) Lift Station Construction SUBTOTAL – CASH REQUIREMENTS Kendale Drive Street/Sidewalk Credit Kendale Drive Watermain Credit SUBTOTAL – CREDITS TO CASH REQUIREMENTS 19,958.33 $199,389.18 $ 936,439.47 $ 21,318.32 14,540.00 $ 35,858.32 TOTAL CASH REQUIREMENTS $ 900,581.15 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the final plat, grading and erosion control plan, tree preservation, and utility plan for Sundance Lakeville Second Addition, subject to the requirements and stipulations within this report. Page 155 of 172 Date: 11/4/2024 Resolution Authorizing Condemnation of Land for Public Purposes Proposed Action Staff recommends adoption of the following motion: Move to approve authorization to initiate potential quick-take condemnation for the 185th Street Expansion project, City Project 25-04. Overview The City’s adopted five-year Capital Improvement Plan (2025-2029) programs the expansion of 185th Street from County State Aid Highway (CSAH) 50 (Kenwood Trail) to County State Aid Highway (CSAH) 9 (Dodd Boulevard) in 2025. The project is designed to make safety improvements and provide for increasing traffic levels. Proposed improvements include a) reconstruction and widening to a four-lane divided urban highway; b) intersection improvements; and c) pedestrian and bicyclist improvements. Construction of the public improvements require acquisition of fee title and/or permanent and temporary easements on private property outside the existing right-of-way along the project corridor. A total of sixteen parcels require acquisition. City staff and consultants made efforts to modify the design to reduce impacts to parcels adjacent to the project. Appraisals were completed for all parcels that require acquisition. City staff and their consultants continue to work in good faith to acquire fee title and/or permanent and temporary easements by direct negotiation. Timely acquisition is necessary to ensure bidding and construction of the project is consistent with the programmed improvements. If timely acquisition does not appear possible, City staff recommends that the City Council authorize the City Attorney to initiate quick-take condemnation. This process allows the City to take immediate possession of the required easements ninety days following a) the required notice to the owner of the intent to possess, and b) payment to the owner an estimated compensation (equal to the approved appraised value). City staff and consultants will continue efforts to negotiate agreeable settlements before and after the start of the condemnation process. Supporting Information 1. 2024.11.04 Resolution Authorizing Condemnation Financial Impact: $0 Budgeted: Yes Source: N/A Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Zach Johnson, City Engineer Page 156 of 172 1 CITY OF LAKEVILLE RESOLUTION NO. 24- RESOLUTION AUTHORIZING CONDEMNATION OF LAND FOR PUBLIC PURPOSES WHEREAS, the City Council of the City of Lakeville does hereby determine that it is necessary and for a public use and purpose to acquire fee title and/or permanent and temporary easements for purposes in connection with the 185th Street Expansion project, subject to engineering modifications, and within the project area between County State Aid Highway (CSAH) 50 (Kenwood Trail) and County State Aid Highway (CSAH) 9 (Dodd Boulevard) (“Project Area”); and WHEREAS, City staff and consultants have and will continue to work with the property owners to acquire the necessary property; and WHEREAS, the City Council finds that construction timing makes it necessary to acquire the necessary fee title and/or easements as soon as possible for the project to proceed in an efficient, cost effective and expeditious manner. NOW, THEREFORE, be it resolved by the City Council of the City of Lakeville, Minnesota: 1. That the City Attorney is authorized to commence eminent domain proceedings pursuant to Minnesota Statutes Chapter 117 to acquire the necessary fee title and/or permanent and temporary easements over the properties within the Project Area, subject to engineering modifications, if needed. 2. That the City Attorney is authorized to acquire the necessary property interests pursuant to the “quick-take” provisions of Minnesota Statutes Section 117.042. 3. That the Mayor and City Clerk are authorized to execute all documents necessary, in the opinion of the City Attorney, to effect the acquisition of the necessary property interests. 4. The City obtained appraisals of the property being acquired. The Council hereby authorizes the City Engineer to continue negotiating with the property owners to acquire the property for the appraised values. ADOPTED by the Lakeville City Council on this 4th day of November 2024. CITY OF LAKEVILLE BY: _______________________________ Luke M. Hellier, Mayor Page 157 of 172 2 ATTEST: ______________________________ Ann Orlofsky, City Clerk Page 158 of 172 Date: 11/4/2024 Imposing a Service Charge for Special Service District No.1 for Taxes Payable 2025 Proposed Action Conduct a public hearing for the proposed special service charge for Special Service District No.1. Following the public hearing, staff recommends adoption of the following motion: Move to approve the Resolution Imposing 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 is subject to Minnesota Statutes 428A. The Special Service District Advisory Board has requested City Council consideration of levying a special service charge payable in 2025 and approval of the budget for the period of July 1, 2025 to June 30, 2026. The allocation of the total service charge to the downtown properties is based on the net tax capacity of the commercial values of the properties in the district. The Special Service District Advisory Board is recommending that the service charge payable remain at zero for 2025. The resolution states that a minimum charge of $100 and a maximum charge of $6,000 will be charged per property owner. Due to keeping the service charge at zero, the minimum charge is not applicable for year 2025. 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. Supporting Information 1. Downtown Special Service District - Adopting service charge - Pay 2025 2. Ordinance 631 - Creation of Special Service District Financial Impact: $0 Budgeted: No Source: Special Service Charge Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 159 of 172 1 CITY OF LAKEVILLE RESOLUTION NO. _____ Resolution Imposing a Service Charge for Special Service District No. 1 for Taxes Payable 2025 BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota, as follows: SECTION 1. Recitals: Findings 1.01. Pursuant to Ordinance No. 631, the City created a special service district for certain property located adjacent to Holyoke, Holt, and Howland Avenues from 202nd Street West on the north to 210th Street West on the south. The specific properties included within this land area (the “District”) are identified on Exhibit “A” attached hereto. 1.02. Notice of a public hearing has been given and a public hearing has been held. SECTION 2. Imposition of Service Charge 2.01. Amount of Service Charge. There is hereby imposed a service charge in the amount and against the properties specified on Exhibit “A”, attached hereto (the “Service Charge”). For taxes payable in 2025, the Service Charge will be $0.00. 2.02. Nature and character of Special Services – Budget. There is hereby approved a budget for Special Service District fiscal year beginning July 1, 2025 through June 30, 2026 as specified on Exhibit “B” a copy of which is attached hereto. 2.03. Calculation of Service Charge. The Service Charge shall be calculated as a percentage of the net tax capacity of the taxable property located in the Special Service District. If a service chard is imposed, the minimum charge levied against a property owner shall be $100.00 and the maximum charge shall be $6,000.00 per property owner. If the charge that would otherwise be imposed on a property owner is greater than the maximum allowable charge, the overage shall be redistributed against the other parcels in the District based upon net tax capacity. If the charge that would otherwise be imposed on a property owner is less than the $100.00 minimum charge, the charge against other parcels in the District shall be reduced based on net tax capacity. 2.04. Distribution of Total Service Charge. The distribution of the total Service Charge among properties within the District and subject to the Service Charge may vary and shall be recalculated pursuant to the formula specified in Section 2.03 if and to the extent that (i) commercial/industrial property tax classification rates increase or decrease based on action by the Minnesota legislature; or (ii) the net tax capacity of a parcel increases or decreases based on changes in the assessed value of the parcel attributable to improvements or changes made to the property; or (iii) a parcel increases or decreases in size by acquisition or sale. 2.05. Effective Date. The effective date of the Service Charge will be January 1, 2025. SECTION 3. Collection of Service Charges Page 160 of 172 2 3.01. Collection. The Service Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes. For purposes of determining the appropriate tax rate, taxable property or net tax capacity shall be determined without regard to captured or original net tax capacity under Minnesota Statutes, Section 473F.08. 3.02. Penalty and Interest. Service Charges made payable in the same manner as provided for payment and collection of ad valorem taxes, if not paid on or before the applicable due date, shall be subject to the same penalty and interest as in the case of ad valorem tax amounts not paid by the respective date. 3.03. Due Date. The due date for the Service Charge payable in the same manner as ad valorem taxes is the due date given in law for the real or personal property tax for the property on which the service charge is imposed. Services Charges imposed on net tax capacity which are to become payable in the following year must be certified to the County Auditor by the date provided in Minnesota Statutes, Section 429.061, Subd. 3 for annual certification of special assessment installments. SECTION 4. Revenue Surplus To the extent that the total of Services Charges collected exceed the cost of services rendered within the District, at the election of the City, either: (i) such excess amount shall be held as a reserve to pay the cost of future services provided under this resolution; or (ii) the next ensuing year’s levy of taxes and service charges shall be decreased by a corresponding amount. SECTION 5. Recording The City may record this Resolution against parcels located within the District and subject to the Service Charge for the purpose of providing notice of the Service Charge to prospective purchasers of such parcels. ADOPTED by the Lakeville City Council this 4th day of November 2024. ____________________________________ Luke M. Hellier, Mayor _____________________________________ Ann Orlofsky, City Clerk Page 161 of 172 3 Page 162 of 172 4 Actual Budget Estimate Proposed Fiscal Year Fiscal Year Fiscal Year Fiscal Year Ended Ended Ended Ended June, 2024 June, 2025 June, 2025 June, 2026 Revenues - service charges Current Levy collected -$ -$ -$ -$ O ther revenues 757 -850 500 N et service charges 757 -850 500 Expenditures Lakeville Chamber dues 165 165 165 165 Website 211 900 211 300 Flower pots 2,700 2,700 2,700 3,300 Sponsorships: Pan-O -Prog 2,500 --- Brochures/marketing/advertising 30 700 783 790 Events: Trick or Treat -200 -- Holiday on Main 1,304 1,500 1,500 1,500 Total expenditures 6,910 6,165 5,359 6,055 N et change (6,153)(6,165)(4,509)(5,555) Balance - beginning 18,856 10,850 12,703 8,194 Balance - ending 12,703$ 4,685$ 8,194$ 2,639$ EXHIBIT B Page 163 of 172 Page 164 of 172 Page 165 of 172 Page 166 of 172 Page 167 of 172 Page 168 of 172 Page 169 of 172 Page 170 of 172 Page 171 of 172 Date: 11/4/2024 Next City Council Meeting November 18, 2024 Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 172 of 172