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Home My WebLink About11-18-2024 Agenda Packet AGENDA CITY COUNCIL MEETING November 18, 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. Police Officer Introductions - Oath of Office b. Police Department Quarterly Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 11/04/2024 City Council Meeting c. Resolution Approving Use of City Local Affordable Housing Aid Funds d. United Christian Academy Development Contract Second Amendment e. ALF Contract Amendment with Allina Health Emergency Medical Services f. Police Station Water Heater Replacement g. Agreeement for Police Department Building Automation Upgrade h. Lease Agreement for Storage of Public Works Seasonal Equipment i. Approval of Professional Services Agreement with Law Enforcement Assistance Services (LE-AST) j. Amendment to Supplemental Agreement for Professional Services with Alliant for 185th Street Improvements k. Approve Easement Acquisition Agreement for 185th Street Improvements Page 1 of 203 City Council Meeting Agenda November 18, 2024 Page 2 l. PCL Construction Services Conditional Use Permit m. Minutes of 10/28/2024 Work Session Minutes 7. Action Items a. Public Hearing on the application for Swing Lab Performance Golf to operate an On-Sale Malt Liquor License b. Resolution Ordering Improvements and Preparation of the Plans for the 2025 Street Reconstruction Project and Public Hearing c. Cedar Hills North Preliminary Plat d. Utility Franchise Fees 8. Unfinished Business 9. New Business 10. Announcements 11. Adjourn to a closed session. a. Motion to adjourn to a closed session to develop or consider an offer for the sale of real property located at 20830 Keokuk Avenue, Lakeville, MN, pursuant to Minn. Stat. 13D.05 Subd. 3(c)(3). Page 2 of 203 Date: 11/18/2024 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 324301-324377 18679-18791 $1,412,386.54 $1,564,673.65 $2,977,060.19 Checks – Arena Checks – Dakota 911 ACH/EFT – Arena ACH/EFT –Dakota 911 Total Arena/Dakota 911 100003-100008 200017-200019 20-34 29-31 $21,142.91 $14,910.00 $42,237.72 $10,039.11 $88,329.74 Grand Total $3,065,389.93 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 11.05.24CKSUM 2. Check Register 11.05.24 for Nov 19,2024 Council Mtg Financial Impact: $3,065,389.93 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 3 of 203 CHECK DISBURSEMENT REPORT FOR CITY OF LAKEVILLE Amount 1000 GENERAL FUND 865,179.71 2000 COMMUNICATIONS FUND 1,146.13 3321 2017 A IMPROVEMENT BONDS 325.00 4161 ARENAS CAPITAL IMPROVEMENTS 27,468.52 4200 PARK DEDICATION FUND (87,210.63) 4500 PARK IMPROVEMENT FUND 3,922.00 4700 2022 C PARK BONDS 1,434.00 4720 2024 A PARK BONDS 28,526.64 5200 STATE AID CONSTRUCTION FUND 6,449.50 5300 PAVEMENT MANAGEMENT FUND 799.29 5400 STORM WATER INFRASTRUCTURE FND 172,106.02 5500 WATER TRUNK FUND 86,387.75 5600 SANITARY SEWER TRUNK FUND 120,361.56 6000 IMPROVEMENT CONSTRUCTION FUND 58.80 6586 22-03 210TH ST LKVL BLVD RECON 1,983.26 7450 ENVIRONMENTAL RESOURCES FUND (40,946.66) 7575 STREET LIGHTING FUND (4,007.52) 7600 WATER FUND 35,490.72 7700 SEWER FUND 9,487.48 7800 LIQUOR FUND 847,497.06 7900 MUNICIPAL RESERVES FUND 11,167.76 8000 ESCROW FUND 185,814.39 8910 ESCROW - DCA/SECTION 125 2,385.44 8950 DAKOTA 911 - OPERATING FUND 19,070.00 8970 LAKEVILLE ARENAS - OPERATIONS 26,610.70 9800 PAYROLL CLEARING FUND 743,883.01 Report Total:3,065,389.93 11/14/2024 09:13 AM Page:1/1 Page 4 of 203 MINUTES CITY COUNCIL MEETING November 4, 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 6:02 P.M. 2.Roll Call Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; Allyn Kuennen, Assistant City Administrator; Taylor Snider, Assistant to the City Administrator; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director; Mike Meyer, Fire Chief. 3.Citizen Comments No Citizen Comments were made. 4.Additional agenda information No additional agenda information was presented. 5.Presentations/Introductions a.Fire Department Quarterly Report Chief Meyer presented the third quarter fire department report, highlighting calls compared to previous years, notable calls from the quarter, and an overview of how shifts have been covered since moving to the hybrid (paid-on-call/full-time) model. He also reviewed the SAFER grant that the city received which will provide funds to hire 15 full-time fire fighters. Lastly he shared upcoming events such as the department Turkey Trot, Cupcakes with Santa, and Shop with a Hero. 6.Consent Agenda Motion was made by Bermel, seconded by Lee, to approve the Consent Agenda. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 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. Page 5 of 203 City Council Meeting Minutes November 4, 2024 Page 2 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 7.Action Items a.Imposing a Service Charge for Special Service District No.1 for Taxes Payable 2025 Finance Director, Julie Stahl, gave a presentation about imposing a service charge for Special Service District No. 1 for taxes payable in 2025. Council approved a Special Service District in 1998 and since then there has been no changes to the Special Service District. The advisory board recommends that the service charge stays at $0. Council asked if the business owners were notified in the letter sent out by the city that there would be a $0 increase and if there were to be an increase in 2026, would they be notified of that set price? Stahl confirmed that the answer to both questions was yes, the owners were notified and will continue to be in the future. The motion to close the public hearing was made by Volk, seconded by Wolter. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter. The Motion to approve was made by Wolter, seconded by Bermel. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 8.Unfinished Business 9.New Business 10.Announcements a.Next City Council Meeting November 18, 2024 b.Next City Council Work Session November 25, 2024 11.Adjourn Motion was made by Volk, seconded by Lee, to adjourn. Page 6 of 203 City Council Meeting Minutes November 4, 2024 Page 3 Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Meeting was adjourned at 6:22 P.M. Respectfully Submitted, __________________________________ Taylor Snider, Assistant to the City Administrator ____________________________ Luke M. Heller, Mayor Page 7 of 203 Date: 11/18/2024 Resolution Approving Use of City Local Affordable Housing Aid Funds Proposed Action Staff recommends adoption of the following motion: Move to approve a Resolution Approving the Dakota County Community Development Agency (CDA) to Administer City Local Affordable Housing Aid (LAHA) Funds Overview The 2023 Legislature passed a housing bill with $1 billion in new funding for various affordable housing programs. The Legislature appropriated state funds for the programs and established a metro wide sales tax for housing needs, including a portion of this tax as a local housing aid for metropolitan cities. The new law establishes a 0.25% metropolitan regional sales tax, with a portion of the proceeds allocated to metropolitan cities over 10,000 in population. Lakeville will receive a distribution of aid under this legislation of $229,464.59 in 2024 (certified amount). Cities must spend this aid by December 31st in the fourth year following the year after the aid was received. Funds must be committed within three years. Dakota County cities have been working with the Dakota County CDA to identify methods to deploy LAHA funds to maximize affordable housing production and preservation and to minimize administrative costs. The CDA has identified two programs that the CDA could efficiently administer on cities’ behalf: • Expanded single-family home improvement loan program which would increase the number of homes improved from 60-70 per year to 115-120 per year countywide. Average loan is $32,000. • Radon mitigation grant program which would provide funds for radon testing and mitigation in at least 40 homes per year countywide. Average grant is estimated to be $2,000. • The CDA serves an average of six (6) Lakeville homeowners a year with the Home Improvement Loan Program, spending an average of $190,000 per year. If the City’s LAHA funds were used for the two CDA programs, the CDA could serve an additional six households in Lakeville. The CDA is requesting adoption of a resolution that determines the city’s commitment to participate in the two programs and the amount of funding should be distributed between the two Page 8 of 203 programs. This resolution is for 2024 funding only. The Dakota County CDA would like a three- year commitment through a JPA, but each year the city will have the opportunity, through adoption of a resolution, to determine level of funding for each program. The request for the three-year commitment is so that there is a reliable, baseline funding source for the programs, but this will be negotiated as part of the JPA All Lakeville funding will be distributed to Lakeville residents. Supporting Information 1. Resolution Financial Impact: $229,464.59 Budgeted: No Source: LAHA funds Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Tina Goodroad, Community Development Director Page 9 of 203 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-____ RESOLUTION APPROVING THE DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENGY TO ADMINISTER CITY LOCAL AFFORDABLE HOUSING AID FUNDS WHEREAS, The City of Lakeville is a recipient of newly created sales tax-funded Local Affordable Housing Aid (LAHA) dollars from the State of Minnesota; and WHEREAS, the purpose of LAHA is to develop and preserve affordable housing and help persons experiencing homelessness find housing; and WHEREAS, the City’s first annual allocation of LAHA funds was received in 2024 with a total of $229,464.59; and WHEREAS, the City has three years to commit the 2024 funding (no later than December 31, 2027) and must spend the funds by December 31, 2028: and WHEREAS, if the City’s LAHA funds are not committed or spent in the required timeframe, funds will be returned to the Minnesota Housing Finance Agency for statewide housing needs, and WHEREAS, the CDA has formally requested to partner with the City (and other Dakota County communities) on the administration of the LAHA funds for two CDA programs: 1) the Home Improvement Loan Program, and 2) the Radon Mitigation Grant Program (together “the programs”); and WHEREAS, the CDA has requested a formal response from the City by December 2, 2024, on whether the City agrees to partner with the CDA on the administration of the City’s LAHA funds and the allocation of those funds on the Programs. NOW, THEREFORE, BE IT RESOLVED that the City of Lakeville hereby approves the following: 1. The Dakota County CDA is designed as the entity to carry out certain administrative duties related to the Local Affordable Housing Aid (LAHA) program on behalf of the City of Lakeville, subject to a future joint powers agreement to be executed between the two parties. Page 10 of 203 2. The City wishes to allocate its LAHA funds to two CDA programs in the amounts listed below: a. Home Improvement Loan program, $137,678.75 (60% of total 2024 funds) b. Radon Mitigation Grant Program, $91,785.84 (40% of total 2024 funds) ADOPTED by the Lakeville City Council this 18th day of November 2024. CITY OF LAKEVILLE BY: _______________________ Luke M. Hellier, Mayor ATTEST: BY: ________________________ Ann Orlofsky, City Clerk Page 11 of 203 Date: 11/18/2024 United Christian Academy Development Contract Second Amendment Proposed Action Staff recommends adoption of the following motion: Motion to approve a resolution approving a second amendment to the United Christian Academy development contract. Overview United Christian Academy Foundation representatives are requesting approval of a second amendment to the development contract. The purpose of the amendment is to extend the time of performance to allow UCA additional time to fundraise for the development. The applicant has completed necessary improvements to close the site until fundraising is further along and construction can start in earnest. The amendment extends the time of performance to November 30, 2028. All other contract requirements, including a LOC, will remain in place. Supporting Information 1. Signed Amendment Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: High-Quality Education Report Completed by: Tina Goodroad, Community Development Director Page 12 of 203 (reserved for recording information) SECOND AMENDMENT TO DEVELOPMENT CONTRACT UCA DEVELOPMENT THIS SECOND AMENDMENT TO DEVELOPMENT CONTRA CT ("Amendment") is made this y day of czl 2024, by and between the CITY OF LA KEVILLE, a Minnesota municipal corporation ("City") and UNITED CHRISTIAN ACADEMY FOUNDATION, a Minnesota nonprofit corporation (hereinafter referred to as the "Developer"). RECITALS A The City and Developer previously entered into a Development Contract dated June 6, 2022 and recorded with the Office of the Dakota County Recorder on September 28, 2022 as Document No. 3560273, as amended by a First Amendment to Development Contract dated June 21, 2022 and recorded with the Office of the Dakota County Recorder on September 28, 2022 as Document No.3560274 ("Development Contract"). B. The City and Developer desire to amend the Development Contract to extend the time of performance to allow Developer sufficient time to fundraise for the development. 233209vl Page 13 of 203 NO W , THEREFO RE, THE PARTIES AG REE AS FO LLOW S: 1. EFFECT OF DEVELO PM ENT CO NTRA CT. The Development Contract shall remain in full force and effect except as specifically amended herein. 2. AMENDMENT TO PARAGRAPH 6. Paragraph 6 of the Development Contract is amended to read as follows: 6. CHANGES IN OFFICIAL CONTROLS. For six (6) 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. 3. 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, 2028 and prior to issuance of a certificate of occupancy, 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 Second Amendment to be executed on or as of the date first above written. 2 233209vl Page 14 of 203 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 d ay 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 3 233209vl Page 15 of 203 DEVELO PER: UNITED CHRISTIA AL±IMY FOUNDATION STATE OF MINNESOTA ) 1 / ,· )ss. COUNTY OF Ll/--<pop ) The foregoing instrument was acknowledged before me this ·3 / sr day of [).r!,/-oh..v-i/ , 2024, by Ryan Kotula the President of United Christian Academy Foundation, a Minnesota nonprofit corporation, on behalf of said entity. NOTARY PUBLIC , DEBORA DUHAIME ULSETH NOTARY PUBLIC MINNESOTA 53?' My Commission Expires January '31, 202 DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 AMP/smt 4 233209vl Page 16 of 203 Page 17 of 203 Date: 11/18/2024 ALF Contract Amendment with Allina Health Emergency Medical Services Proposed Action Staff recommends adoption of the following motion: Move to approve a contract amendment with Allina Health Emergency Medical Services related to staffing requirements on ALF ambulances. Overview The cities of Apple Valley, Lakeville, and Farmington jointly operate ALF Ambulance in our three respective cities. Through a contract, Alina Health Medical Services (AHEMS) provides ambulance services in our three cities. The current contract with AHEMS stipulates that each ambulance be staffed with at least two certified paramedics. Due to staffing challenges, AHEMS approached the ALF Board earlier this year and asked to deploy a paramedic/EMT model for a six-month trial. This staffing model is consistent with the rest of AHEMS service areas. After the six-month trial, there were no significant changes in patient outcomes or response times. The ALF Executive Managment Committee (EMC), which consists of city administrators, fire chiefs, and police chiefs, recommended to the ALF Board of Directors that this model be codified into a contract amendment moving forward. The ALF Board of Directors approved the attached amendment, and is asking that each city council ratify it as well. Supporting Information 1. Second Amendment to ALF Professional Services Agreement Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Justin Miller, City Administrator Page 18 of 203 1 233645v1 AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT THIS AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT made this _____ day of __________, 20___, by and between ALF AMBULANCE, a joint powers entity (“ALF”) and ALLINA HEALTH, a Minnesota non-profit corporation, d/b/a ALLINA HEALTH EMERGENCY MEDICAL SERVICES (“Allina”), each a “Party” and collectively, the “Parties”. RECITALS A. The parties entered into a Professional Services Agreement dated __________, 2017 (“Agreement”), for the provision of advanced life support services. B. The parties desire to amend the Agreement to address ambulance staffing. IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLLOWS: 1. Amendment to Section 2.3. Section 2.3 of the Agreement is amended to read as follows: 2.3 Allina shall staff the Ambulances with two certified paramedics or one EMT and one Paramedic. Unless otherwise mutually agreed to by the Parties, the biannual staffing bid must maintain a ration of no less than 50% paramedic/paramedic configuration. 2. Amendment to Section 22. Section 22 of the Agreement is amended to read as follows: 22. NOTICES. Required notices to Allina shall be in writing, and shall be either hand delivered to Allina, its employees or agents, or mailed to Allina by certified or registered mail at the following address: 167 Grand Avenue, St. Paul, Minnesota 55102, Attention: Susan Long, President. Notices to ALF shall be in writing and shall be either hand delivered to the Lakeville City Administrator, or mailed to ALF by certified or registered mail in care of Lakeville City Administrator at the following address: City of Lakeville, 20195 Holyoke Avenue, Lakeville Minnesota 55044. [Remainder of page intentionally left blank] [Signature pages to follow] Page 19 of 203 2 233645v1 Page 20 of 203 3 233645v1 ALF AMBULANCE By:___________________________ Its__________________ Page 21 of 203 4 233645v1 ALLINA HEALTH SYSTEM d/b/a ALLINA HEALTH EMERGENCY MEDICAL SERVICES By:______________________________ Its President Page 22 of 203 Date: 11/18/2024 Police Station Water Heater Replacement Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with Northern Mechanical Contractors to replace both domestic hot water heaters at the police station. Overview The police station has two domestic hot water heaters serving its restrooms, locker rooms, and kitchens. Recently, one of the water heaters failed and needs to be replaced. Since both units are original to the building, staff recommends replacing both heaters to reduce mobilization and labor costs, improve efficiency, and prevent future service disruptions. The proposed replacements are high-efficiency models of similar capacity. While this project is not currently budgeted, staff has identified a solution within the 2024 building fund and department general fund to minimally impact the overall budget. Resolution 24-116 will authorize staff to make appropriate transfers between the general fund and the building fund. Supporting Information 1. Water Heater Contract_NMC 2. NMC Water Heater Quote 3. MMC Water Heater 2nd Quote 4. Resolution 24-116 Financial Impact: $30,550.00 Budgeted: No Source: 2024 Bulding Fund 4017.6540 Envision Lakeville Community Values: Good Value of Public Services Report Completed by: Tom Breeggemann Facility Supervisor Page 23 of 203 213849v1 1 NON-BID CONTRACT FOR PURCHASE OF GOODS AND SERVICES AGREEMENT made this 18th day of November, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and NORTHERN MECHANICAL CONTRACTORS, LLC, a Minnesota limited liability company ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Contractor’s Quote dated October 23rd, 2024 In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “B” has the last priority. 2. CONTRACTOR OBLIGATIONS. The Contractor shall provide the goods, services and perform the work in accordance with the Contract Documents for furnishing and installing a commercial water heater at the Lakeville Central Maintenance Facility (“Work”). Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the Contract Documents. 3. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. C. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 4. COMPENSATION. Contractor shall be paid by the City for the goods and services described in accordance with the base bid and additional second heater described in the Quote, and not exceed thirty thousand, five hundred and fifty dollars and zero cents ($30,550.00). The City is tax exempt. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any Page 24 of 203 213849v1 2 other estimate, assumption or matter is wrong or exceeded. Payment shall be made after work has been completed and within thirty-five (35) days of receipt of an invoice. 5. COMPLETION DATE. The Contractor shall complete the Work on or before December 31st , 2024. 6. WARRANTY. The Contractor is responsible for any and all defects in workmanship and materials and upon notification by the City shall immediately replace or repair the defective workmanship and materials without cost to the City. The Contractor warrants that only new unused materials will be used. The Contractor further warrants to the City that all materials and services furnished under the Contract will be in conformance with Contract Documents and that the goods are of merchantable quality and are fit for the use for which they are sold. These warranties are in addition to any manufacturer's standard warranty, and any warranty provided by law. 7. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents, and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 8. CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the Quote provided or negotiated between the parties based on similar work provided in the Proposal. 9. UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Compensation or an extension of the Contract. 10. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 11. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of goods and services to be provided. 12. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. Page 25 of 203 213849v1 3 13. INDEMNIFICATION. To the fullest extent permitted by law, Contractor 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 Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 14. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. 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 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 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 Page 26 of 203 213849v1 4 Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The 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. A copy of the endorsement must be submitted with the certificate of insurance. Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 15. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 16. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. Page 27 of 203 213849v1 5 17. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 18. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 19. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 20. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 21. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 22. RECORDS/AUDIT. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. Pursuant to Minnesota Statutes § 16C.05, Subd. 5, any books, records, documents, and accounting procedures and practices of City and Contractor relevant to the Agreement are subject to examination by City and Contactor, and either the Legislative Auditor or the State Auditor as appropriate. City and Contractor agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 23. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 24. TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for goods and services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no Page 28 of 203 Page 29 of 203 City of Lakeville October 23, 2024 Water Treatment Facility 18400 Ipava Ave Lakeville, MN. 55044 Attn: Tom Breeggemann RE: Water Heater Replacements Plumbing Proposal We propose to furnish and install plumbing based on the following: Police Department - Plumbing Scope: Disconnect the existing water heater. Provide and install (1) AO Smith BTH-250 non-ASME tank water heater. This water heater is in stock. All work is to be performed during standard day hours. Shut down between 6:30AM – 7:00AM. Old water heater removal and disposal included. We Exclude: Overtime. Base bid: ------------------------------------------------------------ $15,750.00 Second heater: -------------------------------------------- Add + $14,800.00 Provide and install (1) AO Smith BTH-250A - ASME tank water heater. This heater is 3 - 5 weeks out for standard order: ------------------- $20,800.00 Add quick ship this heater direct from factory 7-10 days: -- Add + $1,900.00 Second heater: -------------------------------------------------------- Add + $19,850.00 Add quick ship this heater direct from factory 7-10 days: -- Add + $1,900.00 Second heater still requires full quick ship charge. Please do not hesitate to contact me if you should have any questions. Thank you for giving us the opportunity to quote these projects to you. Sincerely, John Hanson Page 30 of 203 City of Lakeville October 23, 2024 Water Treatment Facility 18400 Ipava Ave Lakeville, MN. 55044 Attn: Tom Breeggemann RE: Water Heater Replacements Plumbing Proposal We propose to furnish and install plumbing based on the following: Police Department - Plumbing Scope: Disconnect the existing water heater. Provide and install (1) AO Smith BTH-250 non-ASME tank water heater. This water heater is in stock. All work is to be performed during standard day hours. Shut down between 6:30AM – 7:00AM. Old water heater removal and disposal included. We Exclude: Overtime. Base bid: ------------------------------------------------------------ $15,750.00 Second heater: -------------------------------------------- Add + $14,800.00 Provide and install (1) AO Smith BTH-250A - ASME tank water heater. This heater is 3 - 5 weeks out for standard order: ------------------- $20,800.00 Add quick ship this heater direct from factory 7-10 days: -- Add + $1,900.00 Second heater: -------------------------------------------------------- Add + $19,850.00 Add quick ship this heater direct from factory 7-10 days: -- Add + $1,900.00 Second heater still requires full quick ship charge. Please do not hesitate to contact me if you should have any questions. Thank you for giving us the opportunity to quote these projects to you. Sincerely, John Hanson Total $30,550.00 Page 31 of 203 Lakeville Police Department Water Heater Replacement Prepared for: Prepared by: Dillon Hackbarth 612-759-7364 dillon.hackbarth@metromech.us Page 32 of 203 PROJECT PROPOSAL Company Proposal Date: 11/1/2024 Metropolitan Mechanical Proposal Number: P00458 7450 Flying Cloud Dr Eden Prairie, MN 55344 Ph: 612-759-7364 Bill To:Job Site Location: Lakeville Police Department 9237 183rd Street West Lakeville, Minnesota 55044 Lakeville Police Department 9237 183rd Street West Lakeville, Minnesota 55044 WE ARE PLEASED TO SUBMIT OUR PROPOSAL TO PERFORM THE FOLLOWING: We propose the following: Option 1 (Qty. 1 Water Heater) MMC proposes to furnish and install a new 100 Gal Opti-Therm 250MBH, fully modulating Water Heater in place of the failed unit. MMC to reuse and reconnect to the existing water lines, gas piping, & venting. MMC to properly dispose of the existing water heater. MMC will perform start up and check out to ensure system is working properly. Cost $18,624.00 (In Stock) Option 2 (Qty. 2 Water Heaters) MMC proposes to furnish and install (Qty. 2) new 100 Gal Opti-Therm 250MBH, fully modulating Water Heaters to replace both units. MMC to reuse and reconnect to the existing water lines, gas piping, & venting. MMC to properly dispose of the existing water heater. MMC will perform start up and check out to ensure system is working properly. Cost $35,659.00 (In Stock) Included in this proposal: Labor to complete job Material and tools to complete job Truck charges Disposal of units Permit Start up and check out Items not included in this proposal are as follows (Unless noted above): Anything outside the scope that needs to be repaired will be additional Overtime Labor Lifts Electrical Drywall Page 33 of 203 Insulation Controls Sprinkler Engineering WE PROPOSE hereby to furnish material and labor – complete in accordance with above specifications. Dillon Hackbarth Senior Project Manager Guarantee: MMC is committed to providing great leaders to our customers. Upon execution as provided below, this agreement, including the following pages attached hereto (collectively, the “Agreement”), shall become a binding and enforceable agreement against both parties hereto. Customer, by execution of this Agreement, acknowledges that it has reviewed and understands the attached terms and conditions and has the authority to enter into this Agreement. Contractor Customer Signature (Authorized Representative) Dillon Hackbarth Signature (Authorized Representative) Name (Print/ Type) 612-759-7364 Name (Print/ Type) Phone Title 11/1/2024 P00458 Date Proposal #Date PO# Page 34 of 203 GENERAL TERMS AND CONDITIONS 1. The Terms and Conditions herein contain the entire agreement and shall become a valid contract after acceptance by CUSTOMER, OWNER, MANAGER, OR OCCUPANT (Hereinafter referred to as “Customer”). Authorization and/or performance of the work shall be evidence of acceptance of the Terms and Conditions and shall be considered a contract. By allowing Company to begin work, Customer representative certifies that they are duly authorized to bind the Customer to agree to these Terms and Conditions. Unless specifically agreed to in writing by authorized personnel of APi HVAC SERVICES, INC (“Company”) including Grunau Company, Metropolitan Mechanical Contractors (MMC), Northern Air (NAC), Tessier’s, no additional or different terms and conditions shall be accepted or incorporated by reference to the contract including Customer’s, purchase orders, contracts, or related terms and conditions. If any provision hereof shall be invalid, the remaining provisions shall survive and be enforceable against the parties. The laws of the state where the work is performed shall govern. This Agreement supersedes all prior agreements. 2. All work will be conducted first shift, Monday through Friday, excluding holidays. Work outside of the first shift shall be at the prevailing overtime time rates. 3. Except as provided within this proposal, the Company does not guarantee or warranty other existing equipment or systems of Customer’s including suitability, performance, and compliance with all applicable codes. Company will not be required to move, replace or alter any part of the building structure in the performance of this work except as provided within the proposal. 4. Upon approved Open Credit by the Company, Invoices are due upon receipt and s hall not be subject to receipt of payment from another party. Company will invoice i n accordance with the proposal, or upon completion of the services. 5. Customer shall pay, in addition to the proposal or quoted price, all taxes which are required by the prevailing statutes and service fees for credit card payments. 6. In the event the Customer fails to pay invoices when due, Customer agrees to pay in addition to the invoice an amount equal to 1.5% per month on the unpaid balance or the maximum allowed by law. In addition, Customer, agrees to pay all cost of collection including court costs and attorney fees. Company may, at their option, terminate the contract and in any event, will not be obligated to perform any additional work until past due payments have been received. 7. No DBE, MWBE or other minority program participation goals or requirements are included or inferred unless specifically stated in the proposal. 8. Customer shall be responsible for all systems and equipment not within the scope of the work as defined in the proposal. The Customer shall maintain and promptly co rrect or repair deficiencies (or cause them to be corrected), damaged parts, or impairments found while performing the services or work. Repairs shall be perfor med by qualified personnel or a qualified contractor. 9. Authorized Company personnel shall be admitted into all areas of the premises an d allowed to start and stop equipment for the purpose of executing the scope of work. Appropriate notice will be given. 10. Customer shall provide a safe work environment and provide notice of all known hazards related to the scope of work and shall promptly notify Company of any conditions that may impact the scope of the work. Customer shall make available to Company's personnel all pertinent Material Safety Data Sheets (MSDS) pursuant to OSHA'S Hazard Communication Standard Regulations. 11. Company's obligation under this proposal and any subsequent contract does not include the identification, abatement or removal of asbestos or any other toxic or hazardous substances, hazardous wastes, or hazardous materials. In the event su ch substances, wastes and materials are encountered, Company's sole obligation will be to notify the Customer of their existence. Company shall have the right thereafter to suspend its work until such substances, wastes or materials and the resultant hazards are removed. 12. The parties agree that if the Company is hindered or delayed at any time in the c ommencement or progress of the work, the Company shall be entitled to an extension of the time. Furthermore, additional compensation will be sought for i ncreased costs associated with a delay outside of the control of the Company. 13. This Agreement may not be assigned by Customer without the written consent of the Company. 14. Customer shall obtain the type and amount of insurance coverage which it deter mines necessary and agrees to require its insurance policies to be endorsed so as to waive all rights of subrogation against Company. 15. TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT COMPANY, SUBSIDIARIES AND AFFILIATES, (HEREINUNDER REFERRED TO AS “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, EXPENSES OR LIABILITIES OF ANY KIND, INCLUDING ATTORNEY’S FEES, (HEREINUNDER REFERRED TO AS “DAMAGES”) ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OR FAULT OF CUSTOMER. FURTHER AND NOTWITHSTANDING THE PRECEDING SENTENCE, COMPANY SHALL BE HELD HARMLESS AND SHALL NOT BE LIABLE TO CUSTOMER FOR ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES AND EXPENSES RELATED TO MOLD OR THE CREATION OF MOLD AT CUSTOMER'S LOCATION(S) AND SHALL HAVE NO OBLIGATION TO TREAT, IDENTIFY OR REMOVE SUCH MOLD. 16. The Company provides a one-year warranty (parts and labor) on all new installati ons of equipment or systems unless otherwise outlined in the proposal letter. The Company warrants all service and repairs for 90 days from completion of the work. The Company uses only new parts for replacement purposes and shall pass through to Customer the manufacturer’s warranty. The Company’s labor and other costs for replacement of warranty parts outside of the aforementioned warranty periods is not covered by the manufacturer’s warranty and as such shall be invoiced separately at Company’s prevailing rates or on a separately quoted basis. THIS LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 17. IT IS UNDERSTOOD AND AGREED BY CUSTOMER THAT COMPANY IS NOT AN INSURER, THAT CUSTOMER SHALL OBTAIN THE TYPE AND AMOUNT OF INSURANCE COVERAGE WHICH IT DETERMINES NECESSARY, AND THAT THE AMOUNTS PAYABLE TO THE COMPANY HEREUNDER ARE BASED UPON THE VALUE OF SERVICES RENDERED AND ARE UNRELATED TO THE VALUE OF CUSTOMER’S PROPERTY, THE PROPERTY OF OTHERS LOCATED ON CUSTOMER’S PREMISES, OR ANY POTENTIAL LIABILITY OR DAMAGE TO CUSTOMER ARISING OUT OF THE WORK PERFORMED BY COMPANY. CUSTOMER ACCORDINGLY AGREES THAT THE SOLE AND EXCLUSIVE LIABILITY OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO OR CONNECTED WITH THE WORK PERFORMED BY THE COMPANY SHALL BE LIMITED TO THE PRICE OF THE WORK PERFORMED BY THE COMPANY OR $10,000, WHICHEVER IS LESS. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL CLAIMS, DEMANDS, LOSSES, EXPENSES OR LIABILITIES OF ANY KIND, INCLUDING ATTORNEY’S FEES, (HEREINUNDER REFERRED TO AS “DAMAGES”), SUSTAINED BY CUSTOMER OR ANY OTHER PARTY CLAIMING BY OR THROUGH CUSTOMER, AND SHALL APPLY REGARDLESS OF WHETHER SUCH “DAMAGES” ARE ACTUALLY OR ALLEGEDLY CAUSED BY NEGLIGENCE, PRODUCT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, BREACH OF VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION STANDARD OR RULE OR OTHER FAULT OF COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES. 18. Neither party shall be liable for any special, indirect, incidental, consequential, or liquidated, penal or any economic damages or any character, including but not limited to loss of use of Customer’s, property, loss of profits or loss of production, whether claimed by owner, manager, or occupant, or any third party, irrespective of whether claims or actions for such damages are based upon contract, warranty, negligence, tort, strict liability or otherwise. 19. Any legal action against the Company shall be commenced within (1) year from t he date of the work. 20. The annual Agreement price is conditioned upon the system(s) covered being in a maintainable condition. If the initial inspection or seasonal start-up indicates repair s are required, a quotation will be submitted for Customer's approval. Should Customer not authorize the repairs, Company may remove the unacceptable system(s), component(s), or part(s), from its scope of responsibility and adjust the annual Agreement price accordingly or cancel this Agreement. 21. The annual Agreement price is subject to adjustment on each commencement an niversary to reflect increases in labor, material and other costs. 22. Customer shall permit only Company’s personnel or agent to perform the work included in the scope of this Agreement. Should anyone other than Company's personnel perform such work, Company may, at its option, cancel this Agreement or eliminate the involved item of equipment from inclusion in this Agreement. 23. Company expressly disclaims any and all responsibility and liability for the indoor air quality of the customer's facility, including without limitation injury or illness to occupants of the facility or third parties, arising out of or in connection with the Company's work under this agreement. Rev (02.19.24) Page 35 of 203 CITY OF LAKEVILLE RESOLUTION NO. 24-116 Resolution Amending the 2024 Budget WHEREAS, the contract for water heaters for the Police building was awarded by the City Council on November 18, 2024: and WHEREAS, the City has completed a review of the Building Fund (F4000) and General Fund operating budget (department #1281). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota, as follows: The estimated total cost of the project is $30,500 and the planned funding source is the Building Fund, with a transfer from the General Fund (Police budget (department #1281) to the Building Fund. City staff is hereby authorized to amend the 2024 budgets to make the appropriate transfers between the General Fund and Building Fund up to 10% above the estimated costs. ADOPTED by the Lakeville City Council this 18th day of November 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 36 of 203 Date: 11/18/2024 Agreeement for Police Department Building Automation Upgrade Proposed Action Staff recommends adoption of the following motion: Approve a contract with SCR to perform building automation system upgrade to the police station HVAC controls. Overview The police department's building automation system has components that are no longer supported. Staff recommends upgrading the obsolete INET controllers to a BACnet IP controllers. The staff received a quote from the city's building automation contractor SCR to procure, install and program new controllers. SCR was the only contractor solicited because of software programming and continuity of services. Supporting Information 1. Agreement 2. INET Replacement Control Quote Financial Impact: $65,700.00 Budgeted: Yes Source: 2025 Building Fund 4017.6540 Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Tom Breeggemann, Facility Supervisor Page 37 of 203 Page 38 of 203 Page 39 of 203 Page 40 of 203 Page 41 of 203 Page 42 of 203 Page 43 of 203 Page 44 of 203 Page 45 of 203 Page 46 of 203 Page 47 of 203 Page 48 of 203 Page 49 of 203 Page 50 of 203 September 11, 2024 City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Attention: Tom Breeggemann Regarding: Lakeville Police Department remaining INET hardware retrofit pricing – 2024 Q4 (Phase 2). This proposal contains pricing to retrofit the all the existing obsolete INET hardware in the Lakeville Police Department. I have broken the pricing into sections by major controller including the following: AHU-1/AHU-2 VAVs – 7798C (x2) Remove the two obsolete 7798C MCI controllers and all fieldbus INET controllers served by it and replace with EcoStruxure BACnet IP controllers. 1. Installation of new EcoStruxure AS-P automation server and 8-port managed network switch 2. Removal of two (2) 7798C MCI controllers and all sub fieldbus controllers consisting of 34 MR-VAVs and 4 MR-88R controllers 3. Installation of 34 new MP-VAV BACnet IP VAV controllers and associated space sensors 4. Installation of 4 new MP-C BACnet IP programmable controllers 5. New CAT5E BACnet IP fieldbus network pulled to all controller locations Total Price: $65,700.00 **Notes: 1. This proposal excludes the following: a. Overtime work (all work to be performed during normal business hours Mon-Fri). b. Repair labor, parts, or materials for any existing controls that are to remain for reuse. c. Repairs to existing BMS other than included in scope of work. d. Provisions and installation of work outside this scope of work. 2. All options include: a. Labor to install, program, and commission listed items. b. One-year material and 90-day labor warranty on all supplied parts and labor. 3. Prices good for 90 days. Thank you for the opportunity to supply you with a bid on this project. Please call with any questions regarding this proposal. Sincerely, Jeff Hanson SCR Southern Division 2531 N Victory Dr Suite 200 Mankato, MN 56001 CENTRAL | METRO DIVISION 604 Lincoln Ave. NE St. Cloud, MN 56304 toll free 800-827-1642 office 320-251-6861 fax 320-251-9390 NORTHERN DIVISION 7674 College Road, Ste 115 Baxter, MN 56425 office 218-828-4337 fax 218-825-4966 SOUTHERN DIVISION 6131 Rome Cir NW Ste A Rochester, MN 55901 office 507-535-7954 fax 507-424-1825 2531 N Victory Dr Ste 200 Mankato, MN 56001 office 507-345-8425 fax 507-387-3208 scr-mn.com Services REFRIGERATION HVAC SERVICE BUILDING AUTOMATION FOOD SERVICE Page 51 of 203 Date: 11/18/2024 Lease Agreement for Storage of Public Works Seasonal Equipment Proposed Action Staff recommends adoption of the following motion: Approve storage lease agreement for public works equipment Overview The new FiRST Center Public Training Facility is anticipated to start construction early 2025 at the old public works facility. The Streets and Parks Divisions store seasonal equipment at the old public works facility year-round. Summer vehicles and equipment such as mowers and street sweepers are stored at the facility in the winter months and winter equipment such as plow vehicles and plow equipment attachments are stored at the facility in the summer. Temporary vehicle and equipment storage is needed until a permanent storage space is determined. Leasing a portion of a local building was determined to be the best option in the short term. The term of the lease agreement is for 1-year with an option for an additional year. Supporting Information 1. Lease Agreement Financial Impact: $9,917.00/month Budgeted: Yes Source: Street Budget Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Paul Oehme, Public Works Director Page 52 of 203 Page 53 of 203 Page 54 of 203 Page 55 of 203 Page 56 of 203 Page 57 of 203 Date: 11/18/2024 Approval of Professional Services Agreement with Law Enforcement Assistance Services (LE-AST) Proposed Action Staff recommends adoption of the following motion: Move to Approve Professional Services Agreement with LE-AST Overview Passage of this motion will result in a two-year agreement with LE-AST for the Police Department Wellness Program. Staff will have access to vital services for counseling, consulting, training, and psychological care. Primary Issues to Consider: • Public Safety exposes employees to trauma. Caring for employees by providing vital services, will result in a healthier workforce. • The provider has the required training to provide trauma-based care to employees. Supporting Information: • Contract reviewed by the City Attorney Supporting Information 1. 2025-2026 LEAST Services Counseling Agreement Lakeville PD V3 (002) Financial Impact: $60,000.00 Budgeted: Yes Source: Operating Budget Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Commander Bill Gerl Page 58 of 203 1 412724v5 MJM BR270-24 PROFESSIONAL SERVICES AGREEMENT WITH LEAST SERVICES/COUNSELING LLC Contract Number_______________ Contractor SSN or Federal ID Number 45-5313928 I. OPENING PARAGRAPH This Professional Services Agreement (“Agreement”) is made effective as of the 1st day of January, 2025 by and between the City of Lakeville, a Minnesota municipal corporation (the “City”) and LEAST Services/Counseling LLC, a Minnesota limited liability company (the “Contractor”) for services to be provided under the terms of this Agreement. II. RECITALS WHEREAS, the Contractor is a Minnesota limited liability company focused on counseling services for incidents arising in the City; WHEREAS, the Contractor represents that it has the requisite skills to assist City employees, officials, contractors, and agents and policy makers in providing psychological services including counseling, consultation, and training to the Lakeville Police Department (“Professional Services”); WHEREAS, the City believes that the provision of Contractor’s Professional Services to Lakeville Police Department promotes public health, safety, morals, and the general welfare; WHEREAS, the City desires to engage the Professional Services of the Contractor, and the Contractor desires to assist the City with its Professional Services; and WHEREAS, the parties wish to set forth in writing the terms and conditions of this Agreement. NOW, THEREFORE, in return for the mutual agreements set forth below, the parties agree as follows: AGREEMENT III. SCOPE OF AGREEMENT LEAST Services/Counseling agrees to provide psychological services including counseling, consultation, and training to the Lakeville Police Department. Examples of this service include: Page 59 of 203 2 412724v5 MJM BR270-24 • Provide confidential counseling services to Lakeville Police Department employees seeking assistance for stress related mental health issues that may affect work performance; • Provide training to the Lakeville Police Department related to/and intended to promote the psychological and emotional health of Lakeville Police Department employees; • Respond, when requested and available, to incidents identified by Lakeville Police Department supervisory personnel as critical incidents; • Respond when requested and available, to support and advise the Crisis Intervention Team/Negotiators of the Lakeville Police Department; • Any other services mutually agreed upon in writing between the parties. Confidential services will be provided at a location agreed upon by the Lakeville Police Department employee and Contractor. The Contractor shall provide the required personnel and related support services to effectively and efficiently provide its Professional Services. IV. COMPENSATION 1. Counseling, Consultation, and Other General Work a. The Contractor shall be compensated at a rate of $160.00 per hour for counseling and other general work. 2. Mental Health Check-Ups a. The Contractor shall be compensated at a rate of $150 per hour for Mental Health Check-Ups. 3. Training a. $190 per hour for mental health-related training. Training preparation will be paid at $95 per hour. 4. Retainer a. The Contractor will be compensated $180 per month for contract retainer fee and for being available outside of normal business hours. This compensation is separate from any time spent responding to incidents where travel and crisis response is requested, or substantial time on the phone is requested. 5. Mileage and Drive Time a. Contractor travel shall be compensated at the current Federal IRS mileage rate. b. Contractor travel shall be compensated at a rate of $40 per hour. 6. Total Compensation: The total compensation under this Agreement for Professional Services (including reimbursement expenses) shall not exceed $30,000 per 12-month period. Any expenses for supplies over $50.00 per month must be approved in advance by the Lakeville Police Page 60 of 203 3 412724v5 MJM BR270-24 Department. Receipts shall be provided to the City for all expenses for which reimbursement is sought. The Contractor shall be required to submit a monthly work time report to the Lakeville Police Department by the 15th of each month. The City will honor no claim for services not specified in this Agreement. V. RECORDS The Contractor shall maintain such records as are deemed necessary by the City to ensure that the Professional Services are provided as represented by the Contractor. The Contractor shall maintain the records in a manner that ensures confidentiality to service recipients; however the Contractor shall provide disclosure of identities to the City or a third party if so required by law or regulation. All reports provided to the Contractor shall be securely maintained in locked file drawers or a locked room. VI. EXCHANGE OF INFORMATION The Contractor acknowledges that the City may withhold information, data, or reports when the release of such information could compromise an ongoing criminal or civil investigation, when it contains information regarding child sexual abuse or juvenile offenders, or when dissemination is prohibited by law or regulation. The Contractor agrees that it will not distribute City Department reports to any third party, except the following: Lakeville City Attorney’s Office, Hennepin County Attorney’s Office, and Hennepin County Probation Office. The Contractor further agrees that it will not provide copies of City Department reports to victims or offenders and will refer any individual or entity that requests such information to the City Department. The Contractor agrees that it will not attach a City Department report to an Order for Protection. The Contractor’s use of City Department reports for training or technical assistance must be pre-approved in writing by the City’s Chief of Police, and Contractor’s usage of such reports must be consistent with the requirements of any applicable local, state, or federal law, rule, or regulation. VII. EFFECTIVE DATE AND TERMINATION DATE This Agreement shall be in full force and effect from January 1, 2025 through December 31, 2026 unless otherwise extended by the Lakeville Police Department or terminated earlier under Paragraph XVII, Cancellation. VIII. ENTIRE AGREEMENT The entire agreement of the parties is contained in this document, Exhibit A, and any addenda or amendments signed by the parties. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Agreement. This Agreement is valid only when signed by both parties. Page 61 of 203 4 412724v5 MJM BR270-24 IX. SUBSTITUTIONS AND ASSIGNMENTS Professional Services by the Contractor will be performed by the Contractor. Upon the prior written approval of the City, the Contractor may substitute or assign the performance of the Professional Services. Said prior written approval must be evidenced by a written amendment of this Agreement signed by the City and the Contractor. X. CONTRACT ADMINISTRATION All provisions of this Agreement shall be coordinated and administered by the persons identified in Paragraph XVIII, Notices. XI. AMENDMENTS No amendments may be made to this Agreement after signing by the parties, except for extensions of time, increases in compensation, or increases or reduction of the Professional Services. All amendments shall be in writing, signed by the City and the Contractor. XII. INDEPENDENT CONTRACTOR It is agreed that Contractor, its employees, officers, agents, and assignees, will act as an independent contractor and acquire no rights to tenure, workers’ compensation benefits, unemployment compensation benefits, medical and hospital benefits, sick and vacation leave, severance pay, pension benefits, or other rights or benefits offered to employees of the City. XIII. CONTRACTORS INSURANCE The Contractor shall maintain the insurance coverage as set forth in Exhibit A during the term of this Agreement. XIV. DATA PRACTICES Data and information provided to Contractor under this Agreement or through the provision of services for the City under this Agreement shall be administered in accordance with Minnesota Statutes, Chapter 13, and all data on individuals shall be maintained in accordance with all applicable laws, rules, and regulations. XV. DISCRIMINATION The Contractor agrees not to discriminate in providing Professional Services under this Agreement on the basis of race, color, sex, creed, national origin, disability, age, sexual orientation, status with regard to public assistance, or religion. Violation of any this section may lead to immediate termination of this Agreement. XVI. APPLICABLE LAW Page 62 of 203 5 412724v5 MJM BR270-24 The law of the State of Minnesota shall govern all interpretations of this Agreement, and the appropriate venue and jurisdiction for any litigation which may arise under the Agreement will be in and under those courts located within the State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. XVII. CANCELLATION This Agreement may be terminated by either party at any time with or without cause, upon thirty days written notice. In that case, City shall only pay on a pro rata basis for Professional Services rendered in accordance with this Agreement prior to the termination date. XVIII. NOTICES Any notice, approval, or demand authorized or required under this Agreement shall be in writing and shall be sent by U.S. first class mail to the other party as follows: To the Contractor: LEAST Services/Counseling LLC Scott Marks MSW, LICSW PO Box 1742 Minnetonka, MN 55345 To the City: Lakeville Police Department 9237 183rd St. W. Lakeville, MN 55044 XIX. CONFLICT OF INTEREST/CODE OF ETHICS The Contractor shall use best efforts to meet all professional obligations to avoid conflicts of interest and appearances of impropriety. In the event of a conflict, the Contractor, with the consent of the City, shall arrange for suitable alternative representation. It is the intent of the Contractor to refrain from handling matters for any other person or entity that may pose a conflict of interest, or may not be in the best interests of the City. The Contractor agrees that it will not represent any other party or other client which may create a conflict of interest in its work with the City. If Contractor is unclear whether a conflict of interest exists, Contractor will immediately contact the Department to request an interpretation. The Contractor agrees to be bound by the State of Minnesota’s Code of Ethics. Contractor certifies that to the best of its knowledge all employees participating in this Agreement will Page 63 of 203 6 412724v5 MJM BR270-24 comply with this Code. It is agreed by the parties that any violation of the Code of Ethics may be grounds for the termination of this Agreement. [The rest of this page was left blank intentionally.] Page 64 of 203 7 412724v5 MJM BR270-24 IN WITNESS WHEREOF, by attaching my signature below I represent that I have the requisite authority to enter into this Agreement on behalf of the City of Lakeville or LEAST Services/Counseling LLC and have executed this Professional Services Agreement effective as of the date first written above. CITY OF LAKEVILLE By: _______________________________ Luke M. Hellier, Mayor And: ________________________________ Ann Orlofsky, City Clerk LEAST SERVICES/COUNSELING LLC By _____________________________ Scott Marks, Owner Page 65 of 203 8 412724v5 MJM BR270-24 EXHIBIT A Insurance Requirements General Liability: $1,000,000 Each Occurrence $3,000,000 Annual Aggregate Workers’ Compensation: $100,000 Each Accident $500,000 Policy Limit $100,000 Each Disease Statutory Limits Apply These Workers’ Compensation requirements listed herein are not mandatory until and unless the Contractor hires an employee or is otherwise required by law to provide workers’ compensation insurance. Professional Liability: $1,000,000 Per Claim Limit $3,000,000 Aggregate Limit $35,000 State Licensing Board Limit Page 66 of 203 Date: 11/18/2024 Amendment to Supplemental Agreement for Professional Services with Alliant for 185th Street Improvements Proposed Action Staff recommends adoption of the following motion: Move to approve Alliant amendment to supplemental agreement for professional services for 185th Street Improvements from Kenwood Trail to Ipava Avenue, City Project 25-04. Overview The City and Dakota County are partnering to improve 185th Street (CSAH 60) from Kenwood Trail (CSAH 50) to Ipava Avenue to improve intersection operations, make safety improvements, and provide for increasing traffic levels. City Project 25-04 is programmed for construction in 2025 in the City and County 5-year Capital Improvement Plans. Final engineering is substantially complete and the City and County are preparing to advertise the construction contract for bids in January 2025 and award a construction contract in February 2025. The City Council approved supplemental agreements for preliminary engineering on January 18, 2022, and final engineering on January 3, 2023. Alliant’s proposal identifies the scope of services and estimated cost to provide construction services including field staking, materials testing and construction inspection and observation. The proposal also includes costs for added scope or additional services requested during final engineering. The proposal is subject to the Master Agreement for Professional Engineering Services between the City and Alliant approved by the City Council on September 20, 2021. The City and County will share project responsibilities, consistent with the adopted County 2040 Transportation Plan Cost Share policies and as established in the project’s Joint Powers Agreement. The City is the lead agency; therefore, the total cost is reflected in this memo. The City’s estimated net cost is $287,000. Supporting Information 1. 2024.11.18 Alliant_Construction Services Financial Impact: $637,728 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Zach Johnson, City Engineer Page 67 of 203 October 21, 2024 Zach Johnson, PE City Engineer City of Lakeville RE: 185th Street (CSAH 60) Improvements Scope and Fee Proposal for Supplemental Agreement No. 1 Dear Mr. Johnson: Alliant Engineering has appreciated the opportunity to work with you, other city staff, and Dakota County on the 185th Street (CSAH 60) Improvements Project. As we move from design and towards construction in 2025, we offer this request for a Supplemental Agreement to our final design contract based on two factors: · Added scope or additional services requested during the design phase. · City-requested assistance with construction staking, materials testing, and construction observation services during 2025 construction. The sections below describe the extra effort for tasks from our original final design scope or new tasks to be added for the additional requested services. A detailed spreadsheet documenting the hours and fee associated with each task is also included with this letter as Exhibit A. If approved, Alliant will invoice the City of Lakeville on an hourly basis for this work under the tasks previously defined as part of our approved base contract and the new tasks described in this letter. ADDED SCOPE OR ADDITIONAL SERVICES DURING DESIGN Task 3 – Right of Way The additional effort under this task largely resulted from the undocumented prescriptive right-of- way along the corridor. Resolving this issue required multiple reviews of title work, several iterations of parcel sketches, field visits to review site conditions, and additional coordination with the right-of-way acquisition consultant. A summary memo with the recommended prescriptive right-of-way for each affected parcel was prepared. Note: No extra fees are being requested for additional appraisals, site visits, or staking for the multiple iterations needed on some parcels based on city attorney review and subsequent revisions to appraisals. Task 3 Additional Fee: $22,120.00 Page 68 of 203 Task 7 – Utility Coordination & Identification As part of the final design process, Alliant identified utility conflicts and held utility coordination meetings as defined in our scope. Several private utility owners are preparing relocation plans for review and coordination ahead of construction next spring. Alliant has agreed to receive, review, and distribute these plans to City and County construction representatives. We will also facilitate any additional coordination meetings needed ahead of construction to promote prompt and timely relocation of private utilities. Task 7 Additional Fee: $6,360.00 Task 13 – Grant Applications (NEW TASK) At the request of the City, we prepared and submitted grant applications to the 2024 Regional Solicitation program and the MnDOT Safe Routes to School program. The project was awarded funding from both applications. The funding additions required minor editing to plan sheets to highlight funding sources and eligible pay items. Task 13 Additional Fee: $22,060.00 SUBTOTAL FOR ADDED SCOPE OR ADDITIONALSERVICES DURING DESIGN: $50,540.00 CONSTRUCTION SERVICES SCOPE AND FEE Task 14 – Construction Staking (NEW TASK) Alliant survey crews will set up project-wide survey control and provide staking for all required items, including but not limited to curb and gutter, storm sewer structures, and other public utility relocations. Survey needs will be coordinated through our construction project manager Mark Jaster in partnership with the selected contractor. Specific assumptions and clarifications for our staking scope are noted on the attached fee estimate. Task 14 Additional Fee: $114,600.00 Task 15 – Materials Testing and Coordination (NEW TASK) To provide continuity with geotechnical work during the design phase, our team will include Braun Intertec for materials testing during construction. Their proposed services and associated fee are included as Exhibit B. Alliant will coordinate material testing schedules in partnership with Braun Intertec and the selected contractor. Task 15 Additional Fee (Alliant only): $10,960.00 Task 16 – Construction Administration Alliant will provide the following routine construction administration services throughout the duration of the project: · Schedule, convene, and document a pre-construction meeting with City and County representatives, contractor staff, private utilities, and regulatory officials. Page 69 of 203 · Conduct weekly construction meetings with the contractor and project representatives. · Review shop drawings for storm sewer, sanitary sewer, watermain, and traffic signal components. · Conduct a pre-construction open house meeting and assist the city with routine project communication throughout construction. · Measure and verify project quantities and prepare monthly pay requests in partnership with the selected contractor. · Provide daily observation and documentation during all times of active construction. All construction documentation will use OneOffice software, consistent with city standards. · Respond to contractor inquiries and advise on minor design adjustments as needed. · Prepare a project punchlist and work with contractors to resolve defects. Prepare necessary paperwork for project closeout and final payment. Task 16 Additional Fee: $353,410.00 Task 17 – Preparation of Record Drawings We will obtain survey information on all storm sewer and watermain features installed with the project, and any other elements that significantly change from the design plans. Record drawings will be prepared in Bluebeam reflecting the surveyed as-built information. Task 17 Additional Fee: $20,052.00 Direct Expenses for Materials Testing (Braun Intertec): $85,696.00 Direct Expenses for mileage and miscellaneous inspection supplies: $2,000.00 SUBTOTAL FOR CONSTRUCTION SERVICES: $587,188.00 Original Alliant Contract Amount: $626,140.00 Total Amount Requested in Supplemental Agreement No. 1: $637,728.00 TOTAL AMENDED ALLIANT FEE: $1,263,868.00 KEY ALLIANT STAFF: Principal-in-Charge: Eric Nelson, PE Construction Project Manager: Mark Jaster, PE · Leads Construction Services Group at Alliant · 20+ years of construction experience Senior Construction Inspector: Chris Rossi · MnDOT Certifications in Grading and Base, Concrete, Bituminous, Bridge, SWPPP, and ADA · 9 years of construction experience Professional Engineer: Katie Becker, PE Page 70 of 203 A detailed estimate of the hours and associated fee for each task is included on the following pages. We again thank you for the opportunity to work with the City of Lakeville on this project and appreciate your consideration of this request. If you have any questions about this scope and fee or want to discuss in further detail, please contact me at 612-554-3413 or enelson@alliant-inc.com. Sincerely, Eric Nelson Principal/Project Manager Page 71 of 203 185TH STREET IMPROVEMENTS - SUPPLEMENTAL AGREEMENT NO. 1ADDED SCOPE OR ADDITIONAL SERVICES DURING DESIGNProject ManagerAssociateRegistered Land SurveyorProfessional Engineer/ PlannerGraduate Engineer (EIT)Nelson Burkhardt EkremBeckerJohnson3.0Right of Way48016244012822,120.00 Site review and documentation of prescriptive ROW24832Coordination and discussion with city attorney and staff1616Revised ROW linework, parcel sketches, and legal descriptions882440807.0Utility Coordination & Identification400400446,360.00 Coordinate private utility relocation plans4404413.0Grant Applications - NEW TASK4320100814422,060.00 2024 Regional Solicitation Application164864Safe Routes to School Application16 48 64Funding source coordination on final plans44816PROJECT TOTAL HOURS56 32 16 164 48 316Hourly Billing Rates240$ 210$ 185$ 135$ 110$ DIRECT LABOR$13,440$6,720$2,960$22,140$5,280$50,540SUBTOTAL LABOR COST$50,540.00Direct Expenses:NoneSUBTOTAL DIRECT EXPENSES$0.00PROJECT COST NOT TO EXCEED$50,540.00Task DescriptionTASKTOTAL COSTTEAM TOTALAlliant EngineeringHoursExhibit A - Alliant Detailed Fee EstimatePage 72 of 203 185TH STREET IMPROVEMENTS - SUPPLEMENTAL AGREEMENT NO. 1CONSTRUCTION SERVICES FEE ESTIMATEPrincipal-in-ChargeProject ManagerProfessional Land SurveyorField Services CoordinatorProfessional EngineerGraduate Engineer (EIT)2-person Survey CrewSenior Construction InspectorConstruction InspectorNelson Jaster Becker Rossi14.0Construction Staking - NEW TASK0081800040000588114,600.00 14.1Set up project control and staking information8162414.2Construction staking (1)(2)(3)16440056415.0Materials Testing and Coordination016000004005610,960.00 15.1Materials testing coordination and administration16405615.2 Materials testingListed as Direct Expense016.0Construction Administration121940011240011925202070353,410.00 16.1Pre-construction meeting and routine weekly meetings (4)(5)4404408816.2Shop drawing review and coordination216604011816.3Open House Meeting and construction communication assistance4122424168016.4Monthly pay requests (6)32326416.5Daily construction observation and documentation (6)(7)521040520161216.6Routine design adjustments/respond to contractor inquires224164216.7Final punchlist and project closeout documentation240246617.0Preparation of Record Drawings04044040400012820,052.00 17.1As-built survey4404417.2Prepare record drawings4404084PROJECT TOTAL HOURS12 216 8 184 152 80 440 1232 520 2844Hourly Billing Rates245$ 235$ 195$ 128$ 110$ 130$ 225$ 180$ 140$ DIRECT LABOR$2,940$50,760$1,560$23,552$16,720$10,400$99,000$221,760$72,800$499,492SUBTOTAL LABOR COST$499,492.00Direct Expenses:Subconsultant: Braun Intertec - Materials Testing$85,696.00Mileage and misc. supplies$2,000.00SUBTOTAL DIRECT EXPENSES$87,696.00PROJECT COST NOT TO EXCEEDAssumptions:(1) 48 business hours advanced notice is required for staking requests.(2) Hours include providing stakes for required items one time. Restaking due to contractor damage or other external factors will be additional charges at the listed hourly rates.(3) Mileage, equipment, and materials are included in the hourly rates.(4) Hours include preparation of agendas, minutes, and other supporting materials as needed.(5) Assumes meetings begin in May 2025 and continue through October 2025 (26 weeks).(6) Documentation to be administered using OneOffice software.(7) Assumes 40 hours per week for Senior Construction Inspector and 20 hours per week for Construction Inspector from May through October 2025 (26 weeks).$587,188.00Task DescriptionHoursTASKTOTAL COSTAlliant EngineeringBraun IntertecTEAM TOTALPage 73 of 203 Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com AA/EOE October 17, 2024 Proposal QTB204173 Eric Nelson, PE Alliant Engineering, Incorporated 733 Marquette Avenue, Suite 700 Minneapolis, MN 55402 Re: Proposal for Construction Materials Testing Services City of Lakeville – 185th Street Improvements S.A.P. 188-020-033 / S.A.P. 019-660-010 185th Street from Kenwood Trail to Ipava Avenue Lakeville, Minnesota Dear Mr. Nelson: Braun Intertec Corporation is pleased to submit this proposal to provide construction materials testing services for the 185th Street Improvements project in Lakeville, Minnesota. We have completed the geotechnical evaluation and modified phase one environmental site assessment, so we have a unique understanding of the site and construction challenges. We can aid the construction team by applying this experience and transferring our knowledge developed during the design phase which will provide professional continuity to the construction. Our work on the project to date gives us familiarity with the project team and design development which allows us to understand some of the considerations used when developing the project’s design. Since our inception in 1957, we have grown into one of the largest employee-owned engineering firms in the nation. With more than 1,000 employee owners, retaining our firm gives you access to a diverse range of services and professionals you can consult with if the unforeseen occurs. The size of our company also allows us to respond quickly when schedule constraints occur. Our Understanding of Project We understand this project will include widening 185th Street between Kenwood Trail to Ipava Avenue from a two-lane highway to a four-lane roadway. The construction will include pavement subgrade preparation, aggregate base placement, new concrete curb and gutter, sidewalk, median, and driveways along with a new bituminous pavement and trail. Improvements to the storm sewer, as well as minor improvements to the sanitary and water main utilities will also be part of this project. This is a City of Lakeville project with state-aid funding. Projects that are constructed with state-aid funding are required to perform Quality Control and Quality Assurance (QC/QA) testing in accordance with the Minnesota Department of Transportation’s (MnDOT’s) 2020 Standard Specifications for Construction and MnDOT’s Schedule of Materials Control. We assume this project is using MnDOT’s 2024 State Aid for Local Transportation (SALT) Schedule of Materials Control. Personnel with MnDOT Exhibit B - Braun Intertec Scope and Fee Page 74 of 203 Alliant Engineering, Incorporated Proposal QTB204173 October 17, 2024 Page 2 certifications must complete the monitoring and testing. Braun Intertec will perform the QA field testing on the project as listed in our scope of services and as shown on our attached cost estimate table. The contractor will be responsible for performing the required QC testing and submitting the documentation upon completion of the project. An audit of the project could be conducted upon completion. The audit may include reviewing tests and paperwork provided by your QC/QA representative. Available Project Information This proposal was prepared using the following documents and information.  90 percent Project plans prepared by Alliant Engineering, Incorporated, dated September 10, 2024.  90 percent Project special provisions prepared by Alliant Engineering, Incorporated.  A Geotechnical Evaluation Report (185th Street (CSAH 60) Expansion and Revised Addendum 1) prepared by Braun Intertec Corporation, dated December 9, 2022, and June 1, 2023. (B2200682)  A Modified Phase I Environmental Site Assessment prepared by Braun Intertec Corporation, dated April 15, 2022. (B2200682).  Discussions with Eric Nelson with Alliant Engineering, Incorporated regarding scope of services. Braun Intertec Project Personnel For this project, we will provide technicians that are MnDOT certified in each specialized field. For the proposed scope of services, our staff will have the following certifications:  Aggregate Production  Grading & Base Tester  Concrete Field Tester  Bituminous Street Inspector  Bituminous Plant Tester  MnDOT or ACI Strength Tester Accredited Laboratory In the 2024 SALT Schedule of Material Control, which we assume is part of this project’s testing requirements, MnDOT requires laboratories performing acceptance tests for payment to be accredited by the AASHTO Resource (formerly AASHTO Materials Reference Laboratory [AMRL]) for all test procedures performed. Page 75 of 203 Alliant Engineering, Incorporated Proposal QTB204173 October 17, 2024 Page 3 Braun Intertec is one of the few independent testing companies that is accredited in the metro area. With Braun Intertec’s Metro Material Laboratory typically operating 24 hours a day, laboratory test results are delivered in a timely manner. Scope of Services Testing services will be performed on an on-call, as-needed basis as requested and scheduled by you or your on-site project personnel. Based on our understanding of the project, we propose the following services. Soil Related Services  Perform nuclear gauge density tests on common embankment, select granular borrow and utility backfill materials.  Perform Dynamic Cone Penetrometer (DCP) tests on aggregate base material.  Perform moisture content tests at time of compaction on common embankment, select granular borrow, utility backfill and aggregate base materials.  Perform gradation tests on select granular borrow and aggregate base materials.  Perform laboratory standard Proctor tests on backfill and fill materials.  Observe and evaluate the soils exposed in the bottoms of excavations to determine if the soils are similar to those encountered with the geotechnical evaluation and suitable for support of fill or pavements. Our engineer can provide consultation for conditions that appear to differ from the geotechnical evaluation.  Prepare the preliminary and final grading and base report along with assembling the random sampling locations report for the aggregate base according to MnDOT Specifications. Concrete Field Testing Related Services  Sample and test the plastic concrete for slump, air content, temperature prior to placement. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us.  Prepare 4-inch by 8-inch cylinders for compressive strength testing. A set of three cylinders will be tested at 28 days for each set cast. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate.  Laboratory compressive strength testing of cylinders. Page 76 of 203 Alliant Engineering, Incorporated Proposal QTB204173 October 17, 2024 Page 4 Bituminous Related Services  Collect verification samples per MnDOT’s 2360 specification and randomly select one sample per day per mix to run quality assurance tests on. Perform quality assurance tests on the verification samples which include the following tests: Rice specific gravity, asphalt content, extracted aggregate gradation, gyratory density, coarse aggregate angularity, and fine aggregate angularity. Compare agency test results with contractor’s test results for compliance with MnDOT 2360 specification.  Randomly determine bituminous core locations by using MnDOT’s random core worksheet and mark pavement core locations.  Observe the contractor coring and core testing in accordance with MnDOT 2360 specification, which includes watching quality control personnel weigh the cores at their laboratory.  Collect companion cores and test for thickness and density of pavement cores. Compare agency test results with contractor’s test results for compliance with MnDOT 2360 specification. Review incentive and disincentive sheets completed by contractor. Reporting and Project Management Test results will be issued weekly for the project as the various tasks are performed. If, at any time, there are failing tests which do not appear to be in accordance with the plans and specifications or MnDOT’s Schedule of Materials Control, we will notify the engineer’s representative and any others that we are directed to notify. Before the final project closeout, we will issue a final report. The report will include the following:  Braun Intertec technician roster for technicians that conducted testing on the project.  Completed MnDOT Materials Certification Exceptions Summary for items tested by Braun Intertec.  Completed Preliminary and Final Grading and Base Report.  Moisture, Density, DCP, Proctor and Gradation tests.  Concrete compressive strength results.  Completed test reports for samples sent to the MnDOT Materials Lab.  Bituminous mix designs.  Bituminous verification test results. Page 77 of 203 Alliant Engineering, Incorporated Proposal QTB204173 October 17, 2024 Page 5  Bituminous contractor’s summary sheets.  Random core log location worksheets.  Completed density incentive/disincentive worksheets.  Copies of concrete and bituminous plant certifications. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include:  We assume it will take fifty-two trips to complete the nuclear density gauge testing on this project.  We assume compaction testing on aggregate base will be performed using the Dynamic Cone Penetration (DCP) method; a minimum of five tests will be conducted each trip with eleven trips assumed.  We assume forty-four sets of concrete tests will be required to complete the project.  We assume the rebar observations before concrete placements will be completed by the project representative’s construction oversight manager.  We assume the ready-mix concrete for this project will come out of one ready mix plant.  We assume bituminous paving will be completed in eighteen days for this project.  We assume MnDOT Metro Inspections will perform concrete batch plant monitoring and testing for this project.  We assume MnDOT Metro Inspections will perform bituminous plant monitoring and testing for this project.  We assume MnDOT will calibrate and certify the ready mix concrete plant.  We assume Alliant Engineering Incorporated Personnel will observe the test rolling on this project.  We assume that sub-grade testing of new trail will mirror note one of the plans for the roadway and will be quality compaction. Page 78 of 203 Alliant Engineering, Incorporated Proposal QTB204173 October 17, 2024 Page 6  We assume the project engineer of record will review and approve the contractor’s quality control submittals and test results.  You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work.  We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter than 24 hours’ notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. We ask that once final plans and specifications are completed, we can review and revise this proposal and cost estimate as needed based on the final construction documents. Cost and Invoicing We will furnish the services described herein for an estimated fee of $85,696. Our estimated costs are based on industry averages for construction production. Depending on the contractor’s performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor’s construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charges based on conversations with the contractor. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. Page 79 of 203 Alliant Engineering, Incorporated Proposal QTB204173 October 17, 2024 Page 7 General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. Also, ordering services from Braun Intertec constitutes acceptance of the terms of this proposal including the attached General Conditions. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. Page 80 of 203 Alliant Engineering, Incorporated Proposal QTB204173 October 17, 2024 Page 8 We include the Braun Intertec General Conditions, which provide additional terms and are a part of our agreement. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Colin Keane at 612.704.2674 (ckeane@braunintertec.com) or Andrew Valerius at 952.995.2242 (avalerius@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Colin M. Keane Staff Engineer Andrew M. Valerius Associate Director, Senior Project Manager Charles M. Cadenhead, Jr., PE Vice President, Principal Engineer Attachments: Cost Estimate Table General Conditions – CMT (1/1/18) c: Mark Jaster, Alliant Engineering, Incorporated The proposal is accepted. We will reimburse you in accordance with this agreement, and you are authorized to proceed: Authorizer’s Firm Authorizer’s Signature Authorizer’s Name (please print or type) Authorizer’s Title Date Page 81 of 203 Client:Service Description:Work Site Address: 185th Street from Kenwood Trail to Ipava Avenue Lakeville, MN 55044 Alliant Engineering, Incorporated Eric Nelson 733 Marquette Ave, Ste 700 Minneapolis, MN 55402 Construction Materials Testing City Proj #25-04 / County Proj #60-27 Description Quantity Units Unit Price Extension Phase 1 MnDOT Testing Activity 1.1 Soil Testing $29,726.00 207 Compaction Testing - Nuclear 130.00 Hour 82.00 $10,660.00 Work Activity Detail Qty Units Hrs/Unit Extension Select Granular Embankment 8.00 Trips 2.50 20.00 Common Embankment 3.00 Trips 2.50 7.50 Utility Backfill - Storm, Watermain, Sanitary 41.00 Trips 2.50 102.50 1308 Nuclear moisture-density meter charge, per hour 130.00 Each 24.00 $3,120.00 1861 CMT Trip Charge 83.00 Each 25.00 $2,075.00 217 Compaction Testing - DCP's 33.00 Hour 82.00 $2,706.00 Work Activity Detail Qty Units Hrs/Unit Extension Aggregate Base - Roadway and Trail 11.00 Trips 3.00 33.00 1228 Topsoil Testing with nutrients, per sample 1.00 Each 370.00 $370.00 1530AG Asphalt Content of Aggregate Base, per sample 1.00 Each 150.00 $150.00 209 Sample pick-up 30.00 Hour 82.00 $2,460.00 Work Activity Detail Qty Units Hrs/Unit Extension Sample Pickup 20.00 Trips 1.50 30.00 1318 Moisture Density Relationship (Proctor)20.00 Each 185.00 $3,700.00 126 Project Engineer 6.00 Hour 160.00 $960.00 128 Senior Engineer 3.00 Hour 185.00 $555.00 1162 Sieve Analysis with 200 wash, per sample 22.00 Each 135.00 $2,970.00 Work Activity Detail Qty Units Hrs/Unit Extension Aggregate Base 18.00 Each 1.00 18.00 Select Granular Embankment 4.00 Each 1.00 4.00 Activity 1.2 Concrete Testing $16,566.00 261 Concrete Testing 110.00 Hour 82.00 $9,020.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb and Gutter 24.00 Trips 2.50 60.00 Flatwork - Sidewalk, Median, Driveways 20.00 Trips 2.50 50.00 1861 CMT Trip Charge 66.00 Each 25.00 $1,650.00 1364 Compressive strength of concrete cylinders, per specimen 132.00 Each 31.00 $4,092.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb and Gutter 24.00 Sets 3.00 72.00 Flatwork - Sidewalk, Median, Driveways 20.00 Sets 3.00 60.00 278 Concrete Cylinder Pick up 22.00 Hour 82.00 $1,804.00 Work Activity Detail Qty Units Hrs/Unit Extension Cylinder Pickup 22.00 Trips 1.00 22.00 Activity 1.3 Pavement Testing $27,039.00 2689 MnDOT Bituminous Verification, per sample 18.00 Each 679.00 $12,222.00 1861 CMT Trip Charge 33.00 Each 25.00 $825.00 Page 1 of 210/04/2024 11:52 AM Project Proposal QTB204173 City of Lakeville - 185th St (SAP 188-020-033 / 019-660-010) Page 82 of 203 Proposal Total:$85,696.00 209 Sample pick-up 36.00 Hour 82.00 $2,952.00 Work Activity Detail Qty Units Hrs/Unit Extension Mixture Sample Pickup 18.00 Trips 2.00 36.00 221 Mark and Observe Contractor Coring 60.00 Hour 106.00 $6,360.00 Work Activity Detail Qty Units Hrs/Unit Extension Mark & Observe Bituminous Cores 15.00 Trips 4.00 60.00 1542 Thickness and Density of Bituminous Core 90.00 Each 52.00 $4,680.00 Activity 1.4 Project Management $12,365.00 226 Project Manager 55.00 Hour 160.00 $8,800.00 1230 MnDOT Final Report 1.00 Each 1,000.00 $1,000.00 228 Senior Project Manager 5.00 Hour 185.00 $925.00 238 Project Assistant 20.00 Hour 82.00 $1,640.00 Phase 1 Total:$85,696.00 Page 2 of 210/04/2024 11:52 AM Project Proposal QTB204173 City of Lakeville - 185th St (SAP 188-020-033 / 019-660-010) Page 83 of 203 General Conditions Construction Material Testing and Special Inspections GC-CMT Page 1 of 2 Section 1: Agreement 1.1 Our agreement with you consists of these General Conditions and the accompanying written proposal or authorization (“Agreement”). This Agreement is the entire agreement between you and us. It supersedes prior agreements. It may be modified only in a writing signed by us, making specific reference to the provision modified. 1.2 The words “you,” “we,” “us,” and “our” include officers, employees, and subcontractors. 1.3 In the event you use a purchase order or other documentation to authorize our scope of work (“Services”), any conflicting or additional terms are not part of this Agreement. Directing us to start work prior to execution of this Agreement constitutes your acceptance. If, however, mutually acceptable terms cannot be established, we have the right to terminate this Agreement without liability to you or others, and you will compensate us for fees earned and expenses incurred up to the time of termination. Section 2: Our Responsibilities 2.1 We will provide Services specifically described in this Agreement. You agree that we are not responsible for services that are not expressly included in this Agreement. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 2.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. If during the one year period following completion of Services it is determined that the above standards have not been met and you have promptly notified us in writing of such failure, we will perform, at our cost, such corrective services as may be necessary, within the original scope in this Agreement, to remedy such deficiency. Remedies set forth in this section constitute your sole and exclusive recourse with respect to the performance or quality of Services. 2.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and further that site conditions may vary over distance or change over time. 2.4 Our duties do not include supervising or directing your representatives or contractors or commenting on, overseeing, or providing the means and methods of their services unless expressly set forth in this Agreement. We will not be responsible for the failure of your contractors, and the providing of Services will not relieve others of their responsibilities to you or to others. 2.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, owner, project, or site health or safety. 2.6 You will provide, at no cost to us, appropriate site safety measures as to work areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 2.7 Unless a fixed fee is indicated, our price is an estimate of our project costs and expenses based on information available to us and our experience and knowledge. Such estimates are an exercise of our professional judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 3: Your Responsibilities 3.1 You will provide us with prior environmental, geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed Services. 3.2 You will provide access to the site. In the performance of Services some site damage is normal even when due care is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of damage in the estimated charges. 3.3 If we notify you that radiographic or gamma ray equipment or other nuclear testing or measuring device will be used, you will be responsible for the cooperation of your employees and your contractors in observing all radiation safety standards. 3.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials present on any work site. If we observe or suspect the presence of contaminants not anticipated in this Agreement, we may terminate Services without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 3.5 The time our field personnel spend on the job site depends upon the scheduling of the work we are observing or testing. You agree that any changes in scheduling may result in additional costs and agree to pay for those services at the rates listed in our cost estimate. 3.6 You agree to include us as an indemnified party in your contracts, if any, for work by others on the project, protecting us to the same degree as you are protected. You agree to list us as an Additional Insured under your liability insurance policies and to require subrogation be waived against us and that we will be added as an Additional Insured on all policies of insurance, including any policies required of your contractors or subcontractors, covering any construction or development activities to be performed on the project site. Section 4: Reports and Records 4.1 Unless you request otherwise, we will provide our report(s) in an electronic format. 4.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property. We hereby grant you a license to use the reports and related information we provide only for the related project and for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval. You agree to indemnify, defend, and hold us harmless from claims, damages, losses, and expenses, including attorney fees, arising out of such a transfer or use. 4.3 If you do not pay for Services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control. 4.4 Electronic data, reports, photographs, samples, and other materials provided by you or others may be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. Section 5: Compensation 5.1 You will pay for Services as stated in this Agreement. If such payment references our Schedule of Charges, the invoicing will be based upon the most current schedule. An estimated amount is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 5.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices upon receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5% per month, or at the maximum rate allowed by law. 5.3 If you direct us to invoice a third party, we may do so, but you agree to be responsible for our compensation unless the third party is Page 84 of 203 GC-CMT Revised 1/1/2018 Page 2 of 2 creditworthy (in our sole opinion) and provides written acceptance of all terms of this Agreement. 5.4 Your obligation to pay for Services under this Agreement is not contingent on your ability to obtain financing, governmental or regulatory agency approval, permits, final adjudication of any lawsuit, your successful completion of any project, receipt of payment from a third party, or any other event. No retainage will be withheld. 5.5 If you do not pay us in accordance with this Agreement, you agree to reimburse all costs and expenses for collection of the moneys invoiced, including but not limited to attorney fees and staff time. 5.6 You agree to compensate us in accordance with our Schedule of Charges if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 5.7 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work changes, or if changed labor conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice, the schedule will be extended for each day of delay, and we will be compensated for costs and expenses incurred in accordance with our Schedule of Charges. 5.8 If you fail to pay us in accordance with this Agreement, we may consider the default a total breach of this Agreement and, at our option, terminate our duties without liability to you or to others, and you will compensate us for fees earned and expenses incurred up to the time of termination. 5.9 In consideration of our providing insurance to cover claims made by you, you hereby waive any right to offset fees otherwise due us. Section 6: Disputes, Damage, and Risk Allocation 6.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party’s representative(s) empowered to resolve the dispute. Before either of us commences an action against the other, disputes (except collections) will be submitted to mediation. 6.2 Notwithstanding anything to the contrary in this Agreement, neither party hereto shall be responsible or held liable to the other for punitive, indirect, incidental, or consequential damages, or liability for loss of use, loss of business opportunity, loss of profit or revenue, loss of product or output, or business interruption. 6.3 You and we agree that any action in relation to an alleged breach of our standard of care or this Agreement shall be commenced within one year of the date of the breach or of the date of substantial completion of Services, whichever is earlier, without regard to the date the breach is discovered. Any action not brought within that one year time period shall be barred, without regard to any other limitations period set forth by law or statute. We will not be liable unless you have notified us within 30 days of the date of such breach and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. You agree not to make a claim against us unless you have provided us at least 30 days prior to the institution of any legal proceeding against us with a written certificate executed by an appropriately licensed professional specifying and certifying each and every act or omission that you contend constitutes a violation of the standard of care governing our professional services. Should you fail to meet the conditions above, you agree to fully release us from any liability for such allegation. 6.4 For you to obtain the benefit of a fee which includes a reasonable allowance for risks, you agree that our aggregate liability for all claims will not exceed the fee paid for Services or $50,000, whichever is greater. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of this Agreement, you provide payment in an amount that will increase our fees by 10%, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 6.5 You agree to indemnify us from all liability to others in excess of the risk allocation stated herein and to insure this obligation. In addition, all indemnities and limitations of liability set forth in this Agreement apply however the same may arise, whether in contract, tort, statute, equity or other theory of law, including, but not limited to, the breach of any legal duty or the fault, negligence, or strict liability of either party. 6.6 This Agreement shall be governed, construed, and enforced in accordance with the laws of the state in which our servicing office is located, without regard to its conflict of laws rules. The laws of the state of our servicing office will govern all disputes, and all claims shall be heard in the state or federal courts for that state. Each of us waives trial by jury. 6.7 No officer or employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not to make a claim against individual officers or employees. Section 7: General Indemnification 7.1 We will indemnify and hold you harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses of others to the comparative extent they are caused by your negligent acts or omissions or those negligent acts or omissions of persons for whom you are legally responsible. 7.2 To the extent it may be necessary to indemnify either of us under Section 7.1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. Section 8: Miscellaneous Provisions 8.1 We will provide a certificate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our negligence. 8.2 You and we, for ourselves and our insurers, waive all claims and rights of subrogation for losses arising out of causes of loss covered by our respective insurance policies. 8.3 Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 8.4 This Agreement may be terminated early only in writing. You will compensate us for fees earned for performance completed and expenses incurred up to the time of termination. 8.5 If any provision of this Agreement is held invalid or unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. 8.6 No waiver of any right or privilege of either party will occur upon such party's failure to insist on performance of any term, condition, or instruction, or failure to exercise any right or privilege or its waiver of any breach. Page 85 of 203 Date: 11/18/2024 Approve Easement Acquisition Agreement for 185th Street Improvements Proposed Action Staff recommends adoption of the following motion: Move to approve easement acquisition agreement for 185th Street Improvements between Kenwood Trail and Ipava Avenue, City Project 25-04. Overview The City and Dakota County are partnering to complete improvements to County State Aid Highway (CSAH) 60 (185th Street) from CSAH 50 (Kenwood Trail) to Ipava Avenue. City Project 25-04 is programmed in the City and County adopted five-year Capital Improvement Plans to improve intersection operations, make safety improvements, and provide for increasing traffic levels. The project includes widening to a four-lane divided urban roadway with pedestrian/bicyclist facilities along both sides, intersection modifications and public utility infrastructure improvements. Construction of the project requires acquisition of additional permanent right-of-way, trail and drainage and utility easements, and temporary construction easements to accommodate the street, trail and drainage improvements. The City's consultant engineer contracted a consultant and an independent appraiser to appraise the value of the easements. The appraisals were reviewed and approved by City staff and the City Attorney. The City and property owner of Parcel 24 reached agreement on terms and conditions of the required easements through direct negotiation. Compensation and the conveyance of easements are subject to City Council approval, verification of marketable title and lender consent (if applicable). The City and County will share easement acquisition costs as established in the project's Joint Powers Agreement. The City is the lead agency. Therefore, the total cost is reflected in this memo. The City's estimated net cost for these easement acquisitions is $2,160. Supporting Information 1. Parcel Sketch Financial Impact: $4,800 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Zach Johnson, City Engineer Page 86 of 203 Page 87 of 203 Page 88 of 203 Date: 11/18/2024 PCL Construction Services Conditional Use Permit Proposed Action Staff recommends adoption of the following motion: Move to approve the PCL Construction conditional use permit and adopt the findings of fact. Overview PCL Construction Services, located at 21435 Humboldt Court, has submitted a conditional use permit application requesting approval of an exception to the exterior building materials requirements of the I-1, Light Industrial District for the construction of a detached accessory building. Exceptions to the material requirements may be allowed subject to approval of a conditional use permit. The property includes two parcels, which have been combined into a single parcel and property identification number, and totals 3.37 acres. The Planning Commission held a public hearing on the conditional use permit at its November 7, 2024 meeting. The Planning Commission recommended approval of the conditional use permit subject to three stipulations. One Planning Commissioner voted no. There was no public comment. Supporting Information 1. Conditional Use Permit Form 2. Findings of Fact 3. November 7, 2024 Draft Planning Commission Meeting Minutes 4. November 1, 2024 Planning report and exhibits Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, AICP, Associate Planner Page 89 of 203 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 approves a conditional use permit to allow an exception to the exterior building material requirements of the I-1, Light Industrial District located at 21435 Humboldt Court. 2. Property. The permit is for the following described property located in the City of Lakeville, Dakota County, Minnesota: Lots 4 and 5, Block 1, Creekside Business Park 3. Conditions. The conditional use permit is issued subject to the following: a) The shipping container walls, and roof shall be freshly painted, free of dents, and hoop roof structure material shall be constructed of a durable material. The roof material shall be replaced or repair if significant damage occurs by weather or other source. b) A building permit shall be approved by the City prior to construction of the accessory building. c) The building shall be constructed in the location identified on the approved site plan. 4. Revocation. The City may revoke the conditional use permit for cause upon determination that the conditional use permit is not in conformance with the conditions of the permit or is in continued violation of the city code or other applicable regulations. 5. Expiration. This 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 18, 2024 CITY OF LAKEVILLE Page 90 of 203 2 BY:________________________ SEAL Luke M. Hellier, Mayor BY:________________________ Ann Orlofsky, City Clerk The following instrument was acknowledged before me this 18th day of November 2024 by Luke M. Hellier, Mayor and by Anne Orlofsky, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. ___________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 91 of 203 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA PCL CONSTRUCTION CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On November 7, 2024, the Lakeville Planning Commission met at its regularly scheduled meeting to consider the request of PCL Construction, located 21435 Humboldt Court, for a conditional use permit for an exception to the exterior building material requirements of the I-1, Light Industrial District for the construction of a detached accessory building. 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. 6 of the 2040 Comprehensive Plan, which guides the property for industrial land use. 2. The property is currently zoned I-1, Light Industrial District. 3. The legal description of the property is Lots 4 and 5, Block 1, Creekside Business Park. 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 proposed detached accessory building is consistent with the Land Use Plan and District 6 recommendations of the 2040 Comprehensive Land Use Plan as an industrial use property. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The property is adequately screened from the nearby residential area and is compatible with other industrial land uses in the vicinity. Provided compliance with the conditional use permit, the detached accessory building will be compatible with present and future land uses in the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: Provided compliance with the conditional use permit, the attached accessory building will conform with all performance standards contained in the Zoning Ordinance and the City Code. Page 92 of 203 2 d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject property is served with City sanitary sewer and water. The 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 detached accessory building will not overburden the streets serving the property. 5. The planning report dated November 1, 2024 prepared by Frank Dempsey, AICP, Associate Planner, is incorporated herein. DECISION The City Council approves the conditional use permit in the form attached thereto. DATED: November 18, 2024 BY: ________________________ Luke M. Hellier, Mayor SEAL BY:________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 18th 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. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 93 of 203 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES November 7, 2024 Chair Majorowicz called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. Members Present: Chair Jenna Majorowicz, Vice Chair Christine Zimmer, Scott Einck, Pat Kaluza, Jason Swenson, Alternate Mark Traffas, Ex-Officio Jeff Hanson. Members Absent: Amanda Tinsley, Patty Zuzek Staff Present: Tina Goodroad, Community Development Director, Kris Jenson, Planning Manager, Frank Dempsey, Associate Planner, Jon Nelson, Assistant City Engineer 3. Approval of the Meeting Minutes The October 17, 2024 Planning Commission meeting minutes were approved as presented. 4. Announcements Planning Manager Jenson stated that an amended list of stipulations for the PCL Construction Services conditional use permit was distributed to the Planning Commission at tonight’s meeting. 5. PCL Construction Services Chair Majorowicz opened the public hearing to consider the application of PCL Construction Services for a conditional use permit to allow an exception to the exterior building material requirements in the I-1, Light Industrial District. Trace Selly described the request to the Planning Commission. PCL is requesting approval of the conditional use permit to allow construction of a storage shed that is dissimilar to the exterior building materials of principal building on the property. The building would be constructed with steel shipping containers was the wall structure and a fabric covered/hoop type of roof structure. Associate Planner Dempsey presented the staff report which recommended approval subject to the stipulations noted in the planning report. Dempsey recommended removal of stipulation No. 4 since the stipulation with a sunset clause is not enforceable under the terms of a conditional use permit per the advice of the City Attorney. Chair Majorowicz opened the hearing to the public for comment. There were no public comments. Motion was made by Zimmer, seconded by Swenson to close the public hearing at 6:11 p.m. Voice vote was taken on the motion. Page 94 of 203 Planning Commission Meeting Minutes, November 7, 2024 Page 2 Ayes – unanimous Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Commissioner Traffas how long will the building be used? Mr. Selly explained that they are entering into a five-year lease with two five-year options. • Commissioner Swenson explained he is struggling with storage containers being used as the base for this structure. What precedent is the City creating without a removal clause? Mr. Dempsey stated that it is staff’s position that the containers have to remain in good condition, freshly painted. Staff also considers the location where the request is being made, in a location not directly adjacent to, or largely visible from a residential area. Motion was made by Zimmer, seconded by Kaluza to recommend to City Council approval of the conditional use permit for PCL Construction Services, subject to the three stipulations listed below and approval of the Findings of Fact dated November 7, 2024, as amended: 1. The shipping container walls, and roof shall be freshly painted, free of dents, and hoop roof structure material shall be constructed of a durable material. The roof material shall be replaced or repair if significant damage occurs by weather or other source. 2. A building permit shall be approved by the City prior to construction of the accessory building. 3. The building shall be constructed in the location identified on the approved site plan. Ayes: Traffas, Kaluza, Majorowicz, Zimmer, Einck Nays: Swenson Commissioner Swenson stated he felt the structure was acceptable when the request included the stipulation for removal, but he is not comfortable with it as a permanent structure, alluding to the long-term durability of the exterior building materials. 6. US Home, LLC (Lennar) Chair Majorowicz opened the public hearing to consider the application of US Home, LLC (Lennar) for a preliminary plat of 88 single family lots and 144 attached townhome lots in the RST- 2, Single- and Two-Family Residential District and RM-3, Medium Density District. Steve Troskey of Lennar provided an introduction of the project to be known as Cedar Hills North. Planning Manager Kris Jenson presented the staff report. The applicant is requesting approval of a preliminary plat for 232 dwelling units on 148.6 acres. The Planning Commission previously recommended approval of a comprehensive plan amendment and rezoning for this development at their October 7 meeting, which was later approved by the City Council. Page 95 of 203 City of Lakeville Community Development Department Memorandum To: Planning Commission From: Frank Dempsey, AICP, Associate Planner Date: November 1, 2024 Subject: Packet Material for the November 7, 2024 Planning Commission Meeting Agenda Item: PCL Construction Conditional Use Permit Application Action Deadline: November 30, 2024 INTRODUCTION A representative of PCL Construction, located at 21435 Humboldt Court, has submitted a conditional use permit application requesting approval of an exception to the exterior building materials requirements of the I-1, Light Industrial District for the construction of a detached accessory building. Exceptions to the material requirements may be allowed subject to approval of a conditional use permit. The property includes two parcels, which have been combined into a single parcel and property identification number, and totals 3.37 acres. The following exhibits are attached for your review: Exhibit A – Location/Zoning Map Exhibit B – Aerial Photo Map Exhibit C – Application Narrative Exhibit D – Property Site Plan Exhibit E – Creekside Business Park Plat Exhibit F – Building Elevation Sketch and Sample Photos PLANNING A NALYSIS Existing Conditions. The subject property was platted as Creekside Business Park in 2005. The site includes a 25,450 square foot warehouse/office building and a small detached accessory storage building on a concrete surface. The property had previously included outdoor storage of new and used tires by a previous building occupant. Page 96 of 203 2 Adjacent Land Uses. Adjacent land uses and zoning are as follows: North – Public Park/Open Space (P/OS District) East – Public Park/Open Space (P/OS District) South – Humboldt Court and Industrial Properties/Buildings (I-1 District) West – Public Park/Open Space (P/OS District) Setbacks and Building Size and Building Height. The minimum setbacks for the principal and accessory structures in the I-1 District are 30 feet from the north (rear) property line and 10 feet from the west (side) property line. The proposed and existing accessory buildings and the existing principal building complies with setback requirements. The proposed accessory building will be 2,640 square feet, or approximately 40’ x 65’. The existing detached accessory building is approximately 22’ x 50’ (1,100 square feet), for a proposed total area of 3,740 square feet. The Zoning Ordinance allows a maximum accessory building square footage in the I-1 District not to exceed 30% of the square footage equivalent of the principal building. The maximum square footage of accessory building area allowed is 7,635 square feet. The proposed total accessory building square footage falls within the allowable range at 15%. The maximum proposed height will be 14 feet, six inches in height before being mounted on the storage containers bringing the ceiling height to 22 feet. The maximum allowable building height in the I-1 District is four stories or 50 feet. Exhibit F depicts the proposed building. Building Materials. The accessory building is proposed to include steel shipping containers as side and rear walls with an open front facing south. The roof material will be white, woven high- density polyethylene coated fabric material. The Zoning Ordinance requires accessory buildings to be constructed of similar materials as the principal building, however, exceptions may be allowed if approved by conditional use permit. A stipulation of the conditional use permit will recommend that the shipping container walls be newly painted, free of dents, and the roof constructed of a durable material, requiring replacement or repair if damaged by weather or other source. Screening. The property is screened from the north, east, and west by landscaping installed with the original building project in 2005 and natural growth vegetation and trees which includes stands of mature trees on city-owned property. The landscaped buffer width ranges from between 130 feet to the east to 180 plus feet to the west and northwest toward the residential properties in those directions. A tall stand of natural growth trees is within the South Creek corridor beyond the developed industrial sites and related landscaping installed at the time of development that separates the residential area from the industrial zone properties to the south and east. No additional screening is required with the proposed accessory building. Access. Two separate driveways serve each separate platted parcel, one to the principal building parking lot and the other to the now combined lot that will include the new accessory building. Sanitary Sewer and Water Services. The property and the principal building are served with city sewer, water, and storm sewer services. The proposed accessory building will not include sewer and water services. Page 97 of 203 3 CONDITIONAL USE PERMIT ANALYSIS The Zoning Ordinance allows an exception to the building material requirements of the I-1, Light Industrial District subject to approval of a conditional use permit and subject to the following criteria as listed in Section 11-17-9 of the Zoning Ordinance: A. The proposed building maintains the quality in design and materials intended by the Zoning Ordinance. The proposed accessory building shall be used for continued use associated with allowed industrial uses on the property as outlined in the Zoning Ordinance. B. The proposed building has an evident reuse or function related to the industrial zoned property. The proposed detached accessory building will be used for storage of equipment common to an industrial zoned property. C. The proposed building design and materials are compatible and in harmony with other structures within the industrial district. The proposed detached accessory building shall be maintained free of dents in the walls and free of rips, tears, or other roof damage. D. The justification for deviation from the requirements shall not be based on economic considerations. The applicant is a lease-holding tenant on the property and has agreed to remove the building upon the lease no longer being in effect. RECOMMENDATION Community Development Department staff recommends approval of the PCL Construction conditional use permit for an exception to the exterior building material requirements of the I-1, Light Industrial District for the construction of a detached accessory building for equipment storage, subject to the following stipulations: 1. The shipping container walls, and roof shall be freshly painted, free of dents, and hoop roof structure material shall be constructed of a durable material. The roof material shall be replaced or repair if significant damage occurs by weather or other source. 2. A building permit shall be approved by the City prior to construction of the accessory building. 3. The building shall be constructed in the location identified on the approved site plan. 4. PCL Construction shall remove the proposed accessory building when they no longer occupy the property as a lessee or owner. Page 98 of 203 EXHIBIT A Page 99 of 203 EXHIBIT B Page 100 of 203 EXHIBIT CPage 101 of 203 EXHIBIT D Page 102 of 203 Page 103 of 203 Page 104 of 203 Page 105 of 203 Page 106 of 203 Page 107 of 203 MINUTES CITY COUNCIL WORK SESSION October 28, 2024 - 6:00 PM Lakeville City Hall, Marion Conference Room 1.Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6 pm. Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter. Staff Present: Justin Miller, City Administrator; Julie Stahl, Finance Director; Director; Allyn Kuennen, Assistant City Administrator; Taylor Snider, Assistant to the City Administrator; Tina Goodroad, Community Development Director. Zach Jorgensen, City Forester; and Grace Benson, Forestry Tech. 2.Citizen Comments There were no public comments. 3.Discussion Items a.Discuss current and potential amendments to Tree Preservation Ordinance Tina Goodroad presented draft revisions to the city’s tree preservation ordinance. As Lakeville continues to grow, developing parcels will turn from agricultural to more tree- dense. The current ordinance does not have any enforcement mechanism regarding tree preservation and is developer-driven and does not provide any requirements for tree protection, replacement, or replanting guidance. The goal of these changes would be tree preservation and proper tree replacement. City Forester Zach Jorgensen gave a short presentation about recent developments in Lakeville in regard to how they handled tree preservation. Council discussed and offered several suggestions/questions about how this would be implemented. Concerns related to how we could continue to be a place welcoming to new residential development without creating extra housing costs. Staff indicated this would be a work item for the Planning Commission and Parks, Recreation, and Natural Resources Committee in 2025 with further discussion at a future council work session. b.Discuss Local Affordable Housing Aid (LAHA) partnership with Dakota County Community Development Agency (CDA) Tina Goodroad, Community Development Director, updated the council on the Dakota County CDA’s LAHA partnership proposal. She explained to the council that cities must identify how to spend money in three years and the spending must be made in four Page 108 of 203 City Council Work Session Minutes October 28, 2024 Page 2 years. The CDA is asking for a resolution of support by early December if the city wishes to allocate their money to them. Dakota County is looking for a three-year commitment from Lakeville and neighboring cities in Dakota County. Council made note that they are hesitant about tying up all of the money on this program and potentially missing out on a better opportunity in the future. They asked to work with the County on flexibility in using these funds if an unexpected project were to arise. c.2025 Fee Schedule Julie Stahl, Finance Director, presented the 2025 fee schedule to the council, highlighting changes from the current schedule. The 2025 Official Fee Schedule will be incorporated into the City Code with an effective date of January 1, 2025, unless noted otherwise. Council had questions relating to fees associated with Antlers Park, irrigation meters, and sanitary sewer rates. Staff indicated they would look into these and present the schedule at the December 2, 2024 council meeting. d.2025 Proposed Utility Fund Budgets & Rate Projections Discussion on this item was incorporated into the fee schedule discussion. e.2025 Proposed Liquor Fund Budget Finance Director Julie Stahl gave the presentation of the 2025 proposed Liquor Fund budget. The budget has been reviewed and approved by liquor committee. Some of the notable highlights include that across all locations, sales have decreased 1.2%. There will be $1.74 Million in transfers and that there will be an increase of the equipment fund from $500,000 to $900,000. Council asked about the future of the Heritage location. Stahl answered that they are in the process of finalizing the market study and this study will provide the recommendations on what to do moving forward. The results will come in late November and they are anticipating that the study will say that it is in the right location with not enough square footage. 4.Items for Future Discussion Councilmember Wolter asked that the city’s trash collection ordinance be added to the list of topics to discuss in 2025. Mayor Hellier asked that the social district concept also be added to the 2025 list. 5.Committee/ City Administrator Updates Councilmember Wolter noted that the Liquor Committee met as per Julie's presentation. Councilmember Lee added that the Personnel Committee met and direct reports submitted Administrator Miller’s 360 review. . He will also be submitting a self-evaluation for the council to review. Councilmember Lee also stated that the SAFER Grant has created conversation for the Relief association and that they are looking at vesting schedules and may be coming to council with proposed changes Page 109 of 203 City Council Work Session Minutes October 28, 2024 Page 3 Mayor Hellier noted that the Regional Council of Mayors meeting discussed housing policy at the legislature. Strategy among mayors will be determined after the election. Councilmember Volk noted that Lakeville Arenas numbers look good and are anticipating next year's numbers will look good because Bloomington is closing three arenas to renovate next year. Lakeville should see a bump but then fall back to regular numbers. They will also be leasing a snowblower and snow removal equipment. Miller noted that voting is heavy at City Hall. Voting hours will be changing for this week. There have been over 12,000 in-person voters so far. 6.Adjourn Motion was made by Volk, seconded by Bermel, to adjourn. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Volk, Lee, Wolter. The meeting adjourned at 7:44 pm. Respectfully Submitted, __________________________________ Taylor Snider, Assistant to the City Administrator ____________________________ Luke M. Heller, Mayor Page 110 of 203 Date: 11/18/2024 Public Hearing on the application for Swing Lab Performance Golf to operate an On-Sale Malt Liquor License Proposed Action Staff recommends adoption of the following motion: Move to grant an On-Sale Malt Liquor License to Swing Lab Performance Golf located at 20721 Holyoke Avenue. Overview Andrew Thares from Swing Lab Performance Golf has applied for an on-sale malt liquor license at Swing Lab Performance Golf, 20721 Holyoke Avenue. The licensed premises will serve beer along with food that can be made with a convection/microwave. The Police Department conducted a background investigation on the corporate officers and found no reason to deny the license requested. The applicants will be present at the meeting. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Ann Orlofsky, City Clerk Page 111 of 203 Date: 11/18/2024 Resolution Ordering Improvements and Preparation of the Plans for the 2025 Street Reconstruction Project and Public Hearing Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution ordering the improvements and authorizing the preparation of plans and specifications for the 2025 Street Reconstruction Project, City Project 25-02. Overview At its October 21, 2024 meeting, the Lakeville City Council received a Feasibility Report for the 2025 Street Reconstruction Project (Hayes Ave and 170th Street from 175th Street to Cedar Avenue) and set a date for a public hearing for November 18, 2024. Notice of the public hearing was published and forwarded to the benefiting property owners, pursuant to the requirements of Minnesota Statute, Chapter 429 for local improvements. Staff and WSB will share a brief presentation prior to the public hearing providing a project summary, estimated project cost, description of the proposed assessment area, estimate of the amount to be assessed and explanation of the City’s Assessment Policy. Supporting Information 1. CP2502_Resolution Ordering Improvements Financial Impact: $6,354,346 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Ferraro, Public Works Coordinator Page 112 of 203 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Ordering Improvements and Authorizing the Preparation of Plans and Specifications for the 2025 Street Reconstruction Project 25-02 WHEREAS, on October 21, 2024, the City Council fixed a date for the public hearing on the 2025 Street Reconstruction Project. The project will include portions of roads located within the following developments and lands: Cherry View 2nd Addition, Cherrywood Heights, Creek View 2nd Addition, and Foxborough Addition, City Project 25-02; and WHEREAS, the required published notices of hearing through a weekly publication were given, the required mailed notice of the improvement hearing was given to each property owner in the proposed assessment area at least ten days prior to the hearing, and the hearing was held on November 18, 2024, at which time all persons desiring to be heard were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville: 1. The 2025 Street Reconstruction Project improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement has no relationship to the comprehensive plan. 3. The 2025 Street Reconstruction Project is hereby ordered as identified in the Feasibility Report for City Project 25-02, dated October 21, 2024. 4. The City expects to issue bonds for the project. 5. The estimated project costs $6,354,346 and anticipated funding sources are listed below. City staff is hereby authorized to make the appropriate transfers between funds with respect to the non-debt project funding sources up to 10% above the estimated costs. Funding transfers may include loans between funds to cover engineering and other costs incurred on the project in advance of receiving bond proceeds. Anticipated Funding Sources Amount G.O. Improvement Bonds - Taxes (Reclamation) $1,378,026 G.O. Improvement Bonds - Sp. Assessments (Reclamation) $593,123 G.O. Improvement Bonds - Taxes (Mill & Overlay) $1,955,988 Water Operating Fund (Combined) $2,079,038 Sanitary Sewer Operating Fund (Combined) $88,076 Stormwater Infrastructure Fund (Combined) $260,095 Total $6,354,346 6. WSB is hereby authorized to prepare plans and specifications for the making of such improvements. ADOPTED by the Lakeville City Council this 18th day of November 2024. ______________________________ Luke M. Hellier, Mayor Page 113 of 203 _________________________________ Ann Orlofsky, City Clerk Page 114 of 203 Date: 11/18/2024 Cedar Hills North Preliminary Plat Proposed Action Staff recommends adoption of the following motion: a resolution approving the Cedar Hills North preliminary plat. Overview US Home, LLC (Lennar) has submitted a preliminary plat application and plans for 88 single family lots and 144 attached townhome lots on 148.6 acres of land located north of 200th Street (CR 64), east of Cedar Avenue (CSAH 23), and west of the municipal boundary with Farmington. The property is zoned RM-3 and RST-2. The Planning Commission held a public hearing at their November 7, 2024 meeting to consider the preliminary plat. There was one public comment asking about future traffic control at the Cedar Avenue and 200th Street intersection. A stipulation regarding minimum garage sizes was removed as the RM-3 district does not include garage size requirements. The Planning Commission unanimously recommended approval of the preliminary plat. The Parks, Recreation, and Natural Resources Committee unanimously recommended approval of the preliminary plat at their November 6, 2024 meeting. On November 8, 2024, the City was notified that Metropolitan Council had approved the comprehensive plan amendment, so stipulation #1 from the October 29, 2024 Planning report has been satisfied. Supporting Information 1. Preliminary Plat Resolution 2. November 7, 2024 draft Planning Commission minutes 3. November 6, 2024 draft Parks, Recreation, and Natural Resources Committee minutes 4. October 29, 2024 Planning report 5. Exhibits A-D Location, Zoning, Survey, & Preliminary Plat 6. Exhibits E-H Site, Phasing, Ghost, & Street Plans 7. Exhibits I-J Sewer, Water, & Storm Plans 8. Exhibit K Grading Plans 9. Exhibits L-N Tree & Landscape Plans, Wetland Impacts 10. Exhibit O July 18, 2024 Plat Commission letter 11. October 29, 2024 Engineering report Page 115 of 203 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 116 of 203 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-____ RESOLUTION APPROVING THE PRELIMINARY PLAT OF CEDAR HILLS NORTH WHEREAS, US Home, LLC has requested preliminary plat approval of 88 single family lots and 144 attached townhome lots to be known as Cedar Hills North, legally described in Exhibit A; and WHEREAS, the Planning Commission held a public hearing at its November 7, 2024 meeting, preceded by notice as required by the Subdivision Ordinance; and WHEREAS, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, the preliminary plat meets Subdivision Ordinance requirements and is acceptable to the City; NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: The Cedar Hills North preliminary plat is hereby approved subject to the following conditions: 1. Implementation of the recommendations listed in the October 29, 2024 engineering report. 2. Park dedication shall be satisfied with a cash contribution paid with the final plat for each development phase. 3. The developer shall construct five-foot-wide concrete sidewalks as shown on the preliminary plat plans. The developer shall construct a bituminous trail along the north side of 200th Street and the east side of Cedar Avenue, as shown on the plans. 4. Outlots B, C, and D shall be deeded to the City with the final plat. 5. Buffer yard landscaping shall be installed according to the approved landscape plan. A security for the buffer yard landscaping shall be submitted with the final plat. The lots abutting 200th Street must install sod to the side or rear property line and a $1,000 per lot security will be required with the building permit. 6. The following lots shall have restricted driveway access: •Lots 24 and 39 shall have driveway access from Road 3. •Lots 25 and 38 shall have driveway access from Road 4. •Lot 50 and 57 shall have driveway access from Road 5. •Lot 58 and 87 shall have driveway access from Road 6. 7. All new local utilities and any existing overhead service utilities located on the property shall be placed underground. 8. The existing houses, accessory structures, fences, wells, and septic systems must be removed with the development of this property. Page 117 of 203 9. A homeowner’s association must be established for ownership and maintenance of Lots 89 and 145-152. 10. The Developer must submit HOA documents for review and provide proof of recording of the HOA documents and deeds conveying the common area lots to the HOA, prior to building permits issued for the attached townhomes. 11. Attached townhomes must meet the exterior materials requirements of Section 11-60- 21.B.3 of the Zoning Ordinance. 12. The developer must submit dimensioned floor plans for the detached townhome units to verify compliance with the minimum requirements for above grade floor area established by Section 11-17-13D of the Zoning Ordinance. 13. The developer shall provide details to verify compliance with the landscape requirements of Section 11-60-21H of the Zoning Ordinance. ADOPTED by the Lakeville City Council this 18th day of November 2024. CITY OF LAKEVILLE BY: _______________________ Luke M. Hellier, Mayor ATTEST: BY: ________________________ Ann Orlofsky, City Clerk Page 118 of 203 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 18th 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 119 of 203 Planning Commission Meeting Minutes, November 7, 2024 Page 2 Ayes – unanimous Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Commissioner Traffas how long will the building be used? Mr. Selly explained that they are entering into a five-year lease with two five-year options. • Commissioner Swenson explained he is struggling with storage containers being used as the base for this structure. What precedent is the City creating without a removal clause? Mr. Dempsey stated that it is staff’s position that the containers have to remain in good condition, freshly painted. Staff also considers the location where the request is being made, in a location not directly adjacent to, or largely visible from a residential area. Motion was made by Zimmer, seconded by Kaluza to recommend to City Council approval of the conditional use permit for PCL Construction Services, subject to the three stipulations listed below and approval of the Findings of Fact dated November 7, 2024, as amended: 1. The shipping container walls, and roof shall be freshly painted, free of dents, and hoop roof structure material shall be constructed of a durable material. The roof material shall be replaced or repair if significant damage occurs by weather or other source. 2. A building permit shall be approved by the City prior to construction of the accessory building. 3. The building shall be constructed in the location identified on the approved site plan. Ayes: Traffas, Kaluza, Majorowicz, Zimmer, Einck Nays: Swenson Commissioner Swenson stated he felt the structure was acceptable when the request included the stipulation for removal, but he is not comfortable with it as a permanent structure, alluding to the long-term durability of the exterior building materials. 6. US Home, LLC (Lennar) Chair Majorowicz opened the public hearing to consider the application of US Home, LLC (Lennar) for a preliminary plat of 88 single family lots and 144 attached townhome lots in the RST- 2, Single- and Two-Family Residential District and RM-3, Medium Density District. Steve Troskey of Lennar provided an introduction of the project to be known as Cedar Hills North. Planning Manager Kris Jenson presented the staff report. The applicant is requesting approval of a preliminary plat for 232 dwelling units on 148.6 acres. The Planning Commission previously recommended approval of a comprehensive plan amendment and rezoning for this development at their October 7 meeting, which was later approved by the City Council. Page 120 of 203 Planning Commission Meeting Minutes, November 7, 2024 Page 3 Ms. Jenson reviewed the preliminary plat, including street layout, landscaping, and project phasing. She also noted that stipulation #14 in the October 29 Planning report should be removed as the language regarding garage width and area does not apply to the RM-3 district in this development. Chair Majorowicz opened the hearing to the public for comment. Joe Samson, 20086 Gamma Lane, expressed concern about the lack of traffic control at 200th Street and Cedar Avenue, making it difficult to turn left and go south. He has also witnessed accidents at this intersection. Motion was made by Zimmer, seconded by Einck to close the public hearing at 6:26 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Commissioner Majorowicz ask if there are planned lights. Planning Manager Jenson explained that both Cedar Avenue and 200th Street are county roads and that the intersection is being monitored by Dakota County. It is likely that when 200th Street, west of Cedar Avenue, is rebuilt as a paved urban street that restrictions will be added to the intersection at that time. Assistant City Engineer Nelson added that the Developer is installing right turn lanes at the streets into the Cedar Hills North development. Motion was made by Kaluza, seconded by Zimmer to recommend to City Council approval of the Cedar Hills North preliminary plat, subject to the 14 stipulations listed below, as amended: 1. Approval of the preliminary plat is contingent upon approval of the comprehensive plan amendment by Metropolitan Council. 2. Implementation of the recommendations listed in the October 29, 2024 engineering report. 3. Park dedication shall be satisfied with a cash contribution paid with the final plat for each development phase. 4. The developer shall construct five-foot-wide concrete sidewalks as shown on the preliminary plat plans. The developer shall construct a bituminous trail along the north side of 200th Street and the east side of Cedar Avenue, as shown on the plans. 5. Outlots B, C, and D shall be deeded to the City with the final plat. 6. Buffer yard landscaping shall be installed according to the approved landscape plan. A security for the buffer yard landscaping shall be submitted with the final plat. The lots abutting 200th Street must install sod to the side or rear property line and a $1,000 per lot security will be required with the building permit. Page 121 of 203 Planning Commission Meeting Minutes, November 7, 2024 Page 4 7. The following lots shall have restricted driveway access: • Lots 24 and 39 shall have driveway access from Road 3. • Lots 25 and 38 shall have driveway access from Road 4. • Lot 50 and 57 shall have driveway access from Road 5. • Lot 58 and 87 shall have driveway access from Road 6. 8. All new local utilities and any existing overhead service utilities located on the property shall be placed underground. 9. The existing houses, accessory structures, fences, wells, and septic systems must be removed with the development of this property. 10. A homeowner’s association must be established for ownership and maintenance of Lots 89 and 145-152. 11. The Developer must submit HOA documents for review and provide proof of recording of the HOA documents and deeds conveying the common area lots to the HOA, prior to building permits issued for the attached townhomes. 12. Attached townhomes must meet the exterior materials requirements of Section 11-60- 21.B.3 of the Zoning Ordinance. 13. The developer must submit dimensioned floor plans for the detached townhome units to verify compliance with the minimum requirements for above grade floor area established by Section 11-17-13D of the Zoning Ordinance. 14. The developer shall provide details to verify compliance with the landscape requirements of Section 11-60-21H of the Zoning Ordinance. Ayes: Kaluza, Majorowicz, Zimmer, Einck, Swenson, Traffas Nays: 0 There being no further business, the meeting was adjourned at 6:29 p.m. Respectfully submitted, Kris Jenson, Planning Manager Page 122 of 203 Page 123 of 203 Parks, Recreation & Natural Resources committee Meeting Minutes, November 6, 2024 Page 2 Page 124 of 203 Page 125 of 203 2 Page 126 of 203 3 Page 127 of 203 4 Page 128 of 203 5 Page 129 of 203 6 Page 130 of 203 7 Page 131 of 203 8 • • • • Page 132 of 203 9 Page 133 of 203 Source: Esri, Maxar, Earthstar Geographics, and the GIS User Community 200TH ST (CR 64)CEDAR AVE (CSAH 23)202ND ST City of FarmingtonGAL L IFREY WAY City of Lakeville Aerial Location Map Cedar Hills North Preliminary Plat Preliminary Plat Area EXHIBIT A Page 134 of 203 RM-3RST-2ZONING MAP AMENDMENTEXHIBIT BPage 135 of 203 POND N3PNWL-1007.0HWL-1011.1WETLAND GOutlet-1003.95HWL-1007.7POND N2PNWL-1019.5HWL-1023.5PARCEL 1SANANIKONEPARCEL 2PARCEL3PARCEL 4PARCEL 5PARCEL 6TRACT ATRACT BTRACT DTRACT Egijeoacaaabzsp(200TH STREET W)(CEDAR AVENUE)GALLIFREYWAYGAINESCOURTGADFLYWAYC.S.A.H NO. 23 COUNTY ROAD NO. 64TRACT CPARCEL 7sBearings are based on the Dakota CountyCoordinate System (NAD 83 - 1986 adj.)VICINITYMAPNOSCALENORTH0SCALE IN FEET200 100100 200400SURVEY LEGENDXXWBSRRGNNE E N IG EDESIEN N SATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLAALTA/NSPS LAND TITLE SURVEYPREPARED FOR:U.S. HOME, LLCNO. BYDATEREVISION1 CMT 4/12/2024 ADDED REENTS PARCEL2EMW 4/19/2024 UPDATE TREE INVENTORYFIELD CREWXXXDRAWNCW/AK/EWCHECKEDCTDATE1/17/24USE (INCLUDING COPYING, DISTRIBUTION, AND/ORCONVEYANCE OF INFORMATION) OF THIS PRODUCT ISSTRICTLY PROHIBITED WITHOUT SATHRE-BERGQUIST, INC.'sEXPRESS WRITTEN AUTHORIZATION. USE WITHOUT SAIDAUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE ANDSHALL THEREBY INDEMNIFY SATHRE-BERGQUIST, INC. OFALL RESPONSIBILITY. SATHRE-BERGQUIST, INC. RESERVESTHE RIGHT TO HOLD ANY ILLEGITIMATE USER OR PARTYLEGALLY RESPONSIBLE FOR DAMAGES OR LOSSESRESULTING FROM ILLEGITIMATE USE.Dakota CountyFILE NO.85401-697LAKEVILLE,MINNESOTATWP:114-RGE.20-SEC.2214000 25TH AVENUE NORTH, SUITE 120PLYMOUTH MN 55447 (952) 476-6000WWW.SATHRE.COMTo: U.S. Home, LLC, Donnelly Farms Limited Partnership, Burnet Title and First American Title Insurance Company:This is to certify that this map or plat and the survey on which it is based were made in accordance with the 2021 Minimum Standard DetailRequirements for ALTA/NSPS Land Title Surveys, jointly established and adopted by ALTA and NSPS, and includes Items 1 - 5, 6(a), 7(a), 8, 11(b),16, and 18 of Table A thereof. The field work was completed on 1/26/2024.Date of Plat or Map: March 22, 2024________________________________________________________Colyn M. Tvete, PLS Minnesota License No. 622692EXHIBIT CPage 136 of 203 EXHIBIT DPage 137 of 203 Page 138 of 203 Page 139 of 203 Page 140 of 203 Page 141 of 203 EXHIBIT E Page 143 of 203 Page 144 of 203 Page 145 of 203 Page 146 of 203 EXHIBIT F Page 148 of 203 EXHIBIT G Page 149 of 203 EXHIBIT H Page 150 of 203 EXHIBIT I Page 155 of 203 EXHIBIT J Page 160 of 203 EXHIBIT KPage 165 of 203 EXHIBIT LPage 170 of 203 Page 171 of 203 EXHIBIT M Page 172 of 203 Page 173 of 203 Page 174 of 203 Page 175 of 203 Page 176 of 203 Page 177 of 203 EXHIBIT N Page 178 of 203 Dakota County Surveyor’s Office Western Service Center  14955 Galaxie Avenue  Apple Valley, MN 5512 4 952.891 -7087  Fax 952.891 -7127  www.co.dakota.mn.us July 18, 2024 City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Re: CEDAR HILLS NORTH The Dakota County Plat Commission met on July 17, 2024, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 23 (Cedar Ave.) and CR 64 (200th St. W.) and is therefore subject to the Dakota County Contiguous Plat Ordinance. The preliminary plat includes a residential development north of County Road 64 (200th St W) and east of CSAH 23 (Cedar Ave). The right-of-way needs are 50 feet of half right of way along CR 64 and 100 feet of half right of way along CSAH 23. Access to the site along CR 64 include two accesses that align with the south intersections at Gallifrey Way and Gadfly Way. However, Gadfly Way is shown as a cul-de-sac and not a through street. The Plat Commission recommended Gadley Way to be a through street. Restricted access should be shown along all of CSAH 23 and all of CR 64 except for two access openings at Gallifrey Way and Gadfly Way. A quit claim deed to Dakota County for restricted access is required with the recording of the plat mylars. According to the Cedar Avenue Corridor Study, the intersections at 197th Street/Cedar Avenue and 200th Street/Cedar Avenue are planned to be restricted in the future. Also, as noted, the traffic study required by the Plat Commission on March 27, 2024, was recently received and the County Traffic Engineer has not reviewed the study at this time. The Plat Commission has approved the preliminary plat provided that the described conditions are met. The Ordinance requires submittal of a final plat for review by the Plat Commission before a recommendation is made to the County Board of Commissioners. Traffic volumes on CSAH 23 and CR 64 are 21,800 and 2,421 ADT, respectively, and are anticipated to be 39,000 and 5,500 ADT by the year 2040. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the EXHIBIT O Page 179 of 203 medians, etc. Please contact TJ Bentley regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: Charlie Wiemerslage, Sathre Eng. Page 180 of 203 City of Lakeville Public Works – Engineering Division Memorandum To: Kris Jenson, Planning Manager From: Jon Nelson, Assistant City Engineer McKenzie L. Cafferty, Environmental Resources Manager Joe Masiarchin, Parks and Recreation Director Copy: Zach Johnson, City Engineer Tina Goodroad, Community Development Director Julie Stahl, Finance Director Dave Mathews, Building Official Date: October 29, 2024 Subject: Cedar Hills North • Preliminary Plat Review • Preliminary Grading and Erosion Control Plan Review • Preliminary Utility Plan Review • Preliminary Tree Preservation Review BBAACCKKGGRROOUUNNDD Lennar has submitted a preliminary plat named Cedar Hills North. The proposed subdivision is located east of and adjacent to Cedar Avenue (CSAH 23) and north of and adjacent to 200th Street (CR 64). The parent parcels consist of seven metes and bounds parcels (PID Nos. 220220054010, 220220054020, 220220050010, 220220055020, 220220051011, 220220051012, and 220220052020), zoned RST-2 (Single and Two-Family Residential) and RM-3 (Medium Density Residential). The preliminary plat consists of eighty-eight (88) single-family lots and one hundred forty- four (144) attached townhome lots within thirty-eight (38) blocks, and six (6) outlots on 148.6 acres. The Developer is dedicating 1.50 acres as Cedar Avenue and 200th Street right-of-way. The outlots created with the preliminary plat shall have the following use: Outlot A: Future development; to be retained by the current property owner (0.64 acres) Outlot B: Stormwater management basin and channel; to be deeded to the City (4.70 acres) Page 181 of 203 CCEEDDAARR HHIILLLLSS NNOORRTTHH–– PPRREELLIIMMIINNAARRYY PPLLAATT OOCCTTOOBBEERR 2299,, 22002244 PPAAGGEE 22 OOFF 77 Outlot C: Stormwater management basin and channel; to be deeded to the City (3.55 acres) Outlot D: Stormwater management basin and channel; to be deeded to the City (5.98 acres) Outlot E: Public access trail; to be deeded to the City (0.03 acres) Outlot F: Future development; to be retained by the current property owner (72.45 acres) The proposed development will be completed by: Developer: Lennar Engineer/Surveyor: Sathre-Bergquist, Inc. SSIITTEE CCOONNDDIITTIIOONNSS The Cedar Hills North site is agricultural land, three single family homes and contains two delineated wetlands and a drainageway through the site traveling west to east. The parent parcels are bisected by a ridge through the northwest of the site, draining southeast towards the drainageway and northwest towards Cedar Avenue. The south end of the site drains north towards the drainageway. There is an overhead line and facility on the southwest end of the site. EEAASSEEMMEENNTTSS The following easement exists on the parent parcels and will be vacated with the final plat: • Easement in favor of the City of Lakeville for roadway, drainage, and utility purposes per Document No. 3542271 SSTTRREEEETT AANNDD SSUUBBDD II VV II SSIIOO NN LLAAYYOO UUTT Cedar Avenue (CSAH 23) Cedar Hills North is located east of and adjacent to Cedar Avenue, a minor arterial County highway, as identified in the City’s Transportation Plan. Cedar Avenue is currently constructed as a four-lane divided rural roadway with an urban center median. The current Dakota County Plat Review Needs Map indicates a half right-of-way requirement of 100-feet and designates this roadway as a future six-lane urban roadway over its entire length adjacent to the plat. The Developer is dedicating the necessary right-of-way as shown on the preliminary plat. The preliminary plat was reviewed and recommended for approval by the Dakota County Plat Commission at their July 18, 2024 meeting. 200th Street (CR 64) Cedar Hills North is located north of and adjacent to 200th Street, a major collector County roadway, as identified in the City’s Transportation Plan. 200th Street is currently constructed as a two-lane undivided rural roadway adjacent to the plat. The current Dakota County Plat Review Needs Map indicates a half right-of-way requirement of 50-feet and designates this roadway as a future two-lane undivided urban roadway over its entire length adjacent to the plat. The Developer is dedicating the necessary right-of-way as shown on the preliminary plat. Page 182 of 203 CCEEDDAARR HHIILLLLSS NNOORRTTHH–– PPRREELLIIMMIINNAARRYY PPLLAATT OOCCTTOOBBEERR 2299,, 22002244 PPAAGGEE 33 OOFF 77 The preliminary plat was reviewed and recommended for approval by the Dakota County Plat Commission at their July 18, 2024 meeting. The Developer is proposing two full access intersections along 200th Street with the development improvements. The Developer shall be responsible for any improvements to 200th Street (right turn/bypass lanes) as required by Dakota County at the proposed access locations. Gallifrey Way Development of Cedar Hills North includes the construction and extension of Gallifrey Way, a minor collector roadway, as identified in the City’s Transportation Plan. Gallifrey Way is designed as a 38-foot-wide urban roadway with five-foot sidewalks along both sides of the street. The Developer is dedicating 80-feet of right-of-way for Gallifrey Way, as shown on the preliminary plat. Gallifrey Way will provide a connection and access to 200th Street and provide access to the future development of Outlot F. Gadfly Way Development of Cedar Hills North includes the construction of Gadfly Way, a local roadway. Gadfly Way is designed as a 32-foot-wide urban roadway with a five-foot sidewalk along one side of the street. The Developer is dedicating 60-feet of right-of-way. Gadfly Way will provide a connection and access to 200th Street and terminate in a permanent cul-de-sac south of Road 6. Roads 3, 6, 8, and 11 Development of Cedar Hills North includes the construction of Roads 3, 6, 8, and 11, all local roadways. The streets are designed as 32-foot-wide urban roadways with a sidewalk along one side of the street. The Developer is dedicating 60-feet of right-of-way. Roads 4, 5, and 7 Development of Cedar Hills North includes the construction of Roads 4, 5, and 7, all local cul- de-sac roadways. The cul-de-sac streets are designed as 32-foot-wide urban roadways within 60-feet of right-of-way. Roads 12, 13, 14, 15, and 16 – Private Drives Development of Cedar Hills North includes the construction of a privately owned and maintained roadway network providing driveway access to the attached townhome buildings. The private roadways are designed as 24-foot-wide and 28-foot-wide urban roadways connecting to Road 11. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and street construction will be determined with each phase of construction. Access to the existing adjacent local roadways shall be limited as much as feasible for the development construction. Page 183 of 203 CCEEDDAARR HHIILLLLSS NNOORRTTHH–– PPRREELLIIMMIINNAARRYY PPLLAATT OOCCTTOOBBEERR 2299,, 22002244 PPAAGGEE 44 OOFF 77 PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDD EEWWAALLKKSS The City’s Parks, Trails and Open Space Plan does not designate a park within Cedar Hills North. The Park Dedication requirement has not been collected on the parent parcels and shall be satisfied through a cash contribution with the final plat. Development of Cedar Hills North includes the construction of public trails and sidewalks. Five-foot wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets except for Road 4, 5 and 7 cul-de-sacs and the privately owned and maintained drives. Bituminous trails will be constructed along the north side of 200th Street (10-feet wide) from the eastern plat boundary to the western plat boundary, and the east side of Cedar Avenue (10-feet wide) from the southern plat boundary to the northern plat boundary. The Developer shall complete an ADA-compliant pedestrian crossing 200th Street at the intersection of 200th Street and Cedar Avenue. The Developer will be responsible for 100% of the grading and restoration for the bituminous trails. The Developer shall receive a credit to the final plat cash fees for the City’s 3/8th share (excluding grading and restoration) of the trail construction costs. UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Cedar Hills North is located within subdistricts FO-60100 and FO-60200 of the Farmington Outlet sanitary sewer district as identified in the City’s Sanitary Sewer Comprehensive Plan. Development of Cedar Hills North includes the extension of public sanitary sewer. 8-inch sanitary sewer will be constructed within the subdivision. The wastewater from the development will be conveyed via existing trunk sanitary sewer to the MCES Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. Cedar Hills North will extend the trunk sanitary sewer line through the development to the northern plat boundary. A Direct Connection Permit is required from the Metropolitan Council for the connection to the interceptor. The development shall coordinate placement of a sanitary sewer meter within the development in accordance with requirements set forth by the Metropolitan Council. The city will credit the Developer for the oversizing of the trunk sanitary sewer constructed with the development improvements. The credit will be based on the cost difference between 8-inch sewer and the sewer that will be installed. The credit will be applied to the Developer’s final plat cash fees and will be based on an estimate provided by the Developer’s engineer. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid with the final plat. The fee will be based on the current rate in effect at the time of final plat approval. WWAATTEERRMMAAIINN Development of Cedar Hills North includes the extension of public watermain. 8-inch watermain will be extended within the development to provide water service to the Page 184 of 203 CCEEDDAARR HHIILLLLSS NNOORRTTHH–– PPRREELLIIMMIINNAARRYY PPLLAATT OOCCTTOOBBEERR 2299,, 22002244 PPAAGGEE 55 OOFF 77 subdivision. 8-inch watermain will be extended to the northern plat boundary at Galifrey Way and Road 11 to service future development. Consistent with the City’s Comprehensive Water System Plan, trunk watermain extensions are required to be completed with the preliminary plat. The Developer shall extend 16-inch trunk watermain along the east side of Cedar Avenue from 200th Street to the north plat boundary. The Developer shall extend 12-inch trunk watermain along Gadfly Way and Road 6 to the north plat boundary. The City will credit the Developer for the oversizing of the trunk watermains in the development. The credit will be based on the cost difference between 8-inch watermain and the oversized watermain that will be installed. The credit will be applied to the Developer’s final plat cash fees and will be based on an estimate provided by the Developer’s engineer. UUNNDDEERRGGRROOUUNNDDIINNGG Overhead electric service lines and poles are located along the east side of Cedar Avenue within the southwest preliminary plat area. The Developer is required to remove the poles and place the service utilities underground with the final plat, consistent with the City’s Public Ways and Property Ordinance. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Cedar Hills North is located within subdistricts FO-018 and FO-039 of the Farmington stormwater district as identified in the City’s Water and Natural Resources Management Plan. Development of Cedar Hills North includes the construction of seven (7) publicly owned and maintained stormwater management basins and stabilization and alteration of one (1) publicly owned and maintained channel to collect and treat the stormwater runoff generated from the site. The basins will outlet to the channel within the preliminary plat area. The channel flows west to east into the City of Farmington. The stormwater management basins and channel will be located within Outlots B, C, and D which will be deeded to the City with the final plat. The stormwater basin design is consistent with City requirements. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Cedar Hills North 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 Page 185 of 203 CCEEDDAARR HHIILLLLSS NNOORRTTHH–– PPRREELLIIMMIINNAARRYY PPLLAATT OOCCTTOOBBEERR 2299,, 22002244 PPAAGGEE 66 OOFF 77 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 Cedar Hills North includes the construction of public storm sewer systems. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basins and channel located within Outlots B, C, and D. The channel conveys the stormwater off site to the eastern plat boundary into City of Farmington. Draintile construction is required in areas of non-granular soils within Cedar Hills North for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and must be paid with the Cedar Hills North final plat. The Developer will receive a credit to the Storm Sewer Charge for deeding the portions of Outlots B, C, and D containing wetland and wetland buffer space, calculated at $5,500/acre consistent with City policy. The reimbursement will be calculated with the final plat. RREESSIIDDEENNTTIIAALL BBUUFFFFEERR YYAARRDD RREEQQUU II RR EEMMEENN TT SS Cedar Avenue is a minor arterial and 200th Street is a major collector roadway as identified in the City’s Transportation Plan. A buffer yard containing earth berms and/or plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum of ten feet in height shall be provided adjacent to Cedar Avenue and 200th Street consistent with the Zoning Ordinance. A certified as-built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. FEMA FLOODPLAIN ANALYSIS Cedar Hills North is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS The wetland delineation for the site was approved on February 27, 2024. The wetland delineation was completed by MNR. The delineation identified two small wetlands on the site adjacent to the Vermillion River Watershed Water Quality Corridor. As part to of the development the previously farmed and eroded channel will be realigned and restored. The development will be impacting 0.29 acres of wetland for a road crossing and restoring the channel. Applicant will purchase a total of 0.58 acres of banking credits. The wetland replacement plan was approved on October 28th, 2024. Page 186 of 203 CCEEDDAARR HHIILLLLSS NNOORRTTHH–– PPRREELLIIMMIINNAARRYY PPLLAATT OOCCTTOOBBEERR 2299,, 22002244 PPAAGGEE 77 OOFF 77 Based on the information provided in the report the impacts indicated for the areas outlined in the report have been determined to be acceptable for use in implementing the Wetland Conservation Act. No impacts are allowed until the final withdrawal information has been received from BWSR. It is the applicant’s responsibility to obtain proper wetland approvals from the U.S. Army Corps of Engineers prior to any impacts to the wetland or channel. All wetlands, channel and buffers will be placed in a city owned outlot that will be dedicated at final plat. The developer is responsible for the establishment of the channel with native vegetation and will be required to manage the site for a minimum of 5 years until established. TTRREEEE PPRREESSEERRVVAATT IIOONN The tree preservation plan identifies 196 trees on site and plans propose to remove all trees. The landscape plan must be revised prior to the final plan to replace Norway Maple, a specially regulated species, with a different tree type; and to meet the planting requirements consistent with the Zoning Ordinance. Significant trees, as identified in the Lakeville Subdivision Ordinance, shall be protected and preserved throughout the grading and construction activities. EERROOSSIIOONN CCOONNTTRROOLL The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. A detailed SWPPP must be submitted to the City for review prior to any land disturbance. Redundant silt fence is required along all wetlands and waterways that do not have a 50-foot established buffer. The Developer is responsible for the establishment of native vegetation around all stormwater treatment basins and any disturbed or farmed buffer. A management plan including a schedule for maintenance must be included in the final plat plans. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Vermillion River Watershed JPO. Any additional measures required shall be installed and maintained by the developer. RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the preliminary plat, grading and erosion control plan, and utility plan for Cedar Hills North, subject to the requirements and stipulations within this report. It is stipulated that the retaining walls shown on the plans are modified to remove retaining walls from publicly owned outlots and have an accessible path for maintenance on both sides of the retaining wall. Page 187 of 203 Date: 11/18/2024 Utility Franchise Fees Proposed Action No action needed – Staff and Council will receive public comment regarding the proposed utility franchise fees. Overview What are Franchise Fees? In Lakeville, the city currently has franchise agreements with CenterPoint Energy, Minnesota Energy Resources, Xcel Energy and Dakota Electric Association. The agreements allow the utility companies to install their service lines within the city’s public rights-of-way to provide gas and electric services to their customers. The utility companies have historically been allowed to install their services in the city’s right-of-way free of charge. However, under Minnesota Statutes, cities can impose a franchise fee on utility companies in exchange for the use of the public rights -of- way. What Is Their Intended Use? As the city has grown to the 8th largest city in Minnesota, it is critical that the city provide public safety services to keep up with growth and maintain the service levels expected by the public. Over the next two years the city will be transitioning from a paid-on-call fire department to a hybrid department with both paid-on-call (sometimes called volunteer) and full-time firefighters. This transition will require all four of the existing fire stations to undergo extensive renovations and reconstruction to provide the facilities needed to support a full-time staff. These renovations will include apparatus bay expansion for the fire trucks, the addition of education and training areas within the stations, the separation of decontamination areas from the rest of the station and the addition of sleeping quarters, living areas and kitchen improvements that will be needed for a 24/7 staff. Renovations to the stations may also include future space for EMT staff, ambulances, and equipment. The estimated cost for the improvements at all four stations is anticipated to range between $60–$68 million. In addition to the needed improvements to the fire stations, the City Council has initiated the design and future construction of the FiRST Center. The FiRST Center will be the south metro’s premier training facility for first responders. Preliminary plans include a 25- and 50-yard firing range large enough to accommodate vehicle-related scenarios, large and small conference and classroom space, mats training and virtual reality rooms, movable wall systems to create multiple rescue scenarios, areas for smoke out and confined space training, second floor space for tactical and scenario training, and outdoor and warehouse space for vehicle related scenarios and extrication training. The FiRST Center is designed to be flexible to accommodate the training needs of police, Page 188 of 203 fire, and medical response teams. Lakeville has received interest from over 18 south metro public safety agencies interested in using the facility for ongoing training. In 2023 the Minnesota Legislature allocated $7.1 million towards the FiRST Center project and in 2024 the city received another $800,000 from federal legislators to go towards the construction of the facility. The city’s cost to fully fund the construction of the project is estimated to be an additional $18 million. How Is the Fee Determined? To initially provide the funds needed to pay for the improvements to the fire and police facilities, the city will need to issue general obligation bonds or loans that will be paid back over the next 20 years. The city calculated what the yearly payment would be to repay the 20-year loan and that determined what would need to be collected through the franchise fees. The following chart indicates the monthly franchise fee that would be charged to a single-family home for gas and electric service would be $6.00 per utility or a total of $12.00 per household. The fee for commercial and industrial users will vary based on their usage. Why Franchise Fees and Not a Property Tax Levy? Franchise fees are a set flat rate and do not fluctuate from year to year, unlike taxes which are based on property values that change every year. The franchise fee will be a consistent rate that residential, commercial, and industrial property owners can rely on. It is equally spread across all gas and electric users including tax exempt properties such as schools, churches and nonprofits that also benefit from fire and police services. The use of franchise fees also provides the least financial impact versus taxes. For example, the set annual franchise fee cost for a residential home is $144. If these costs were placed on the tax levy, this same home by 2026 would be paying an additional $164.28 in taxes which would also continue to increase annually based on property value. The savings between franchise fees and increased taxes for commercial and industrial property owners is even greater. The following chart is an example of the cost comparisons of franchise fees versus increased taxes. Annual Levy increase 2025 2026 2027 2028 2029 2030 $450K Residential $ 115.32 $ 164.28 $ 164.28 $ 218.78 $ 218.78 $ 218.78 $1M Commercial/Indust. $ 493.31 $ 702.76 $ 702.76 $ 935.47 $ 935.47 $ 935.47 $4M Commercial/Indust. $ 2,030.89 $ 2,893.15 $ 2,893.15 $ 3,851.19 $ 3,851.19 $ 3,851.19 Franchise Fees Monthly Fee/Annual Cost Residential $ 12.00/$144.00 No change No change No change No change No change $1M Commercial/Indust. $ 70.00/$840.00 No change No change No change No change No change $4M Commercial/Indust. $ 240.00/$2880.00 No change No change No change No change No change ELECTRIC Franchise Fees GAS Franchise Fees Residential A-Small Comm / Indust - Non- Demand B-Small Comm / Indust - Demand C-Large Comm Residential D-Comm/ Indust, Small Vol.A E-Comm/ Indust, Small Vol.B F-Comm/ Indust, Small Vol.C G-Comm/ Indust, Small Vol.Dual Fuel A & B H-Comm/ Indust, Large Vol. Dual Fuel A & B $ 6 $ 16 $ 35 $ 120 $ 6 $ 16 $ 35 $ 35 $ 35 $ 120 Page 189 of 203 What Is the Timeframe for Implementing the Franchise Fees? At their work session on July 22 City Council directed staff to notify the Minnesota Public Utilities Commission and the utility companies that the city is considering the implementation of collecting utility franchise fees. Per Minnesota State Statute, the city is required to adhere to the following process which includes a 90-day notification period prior to adoption of the ordinances and an additional 90-day period after the ordinances are adopted to provide the utility companies time to implement the fees: August 8 (First 90-day notification period begins): Draft franchise fee ordinances sent to utility companies to notify them of the city’s intent to begin the franchise fee process. August–October 2024: As part of the 90-day notification period the city sent out their first round of public notices to residents and businesses which included: Social Media: • YouTube post: rebroadcast of the July 22 work session • August 30: Nextdoor and Facebook posts • September 1: Facebook and Instagram posts Website: • August 17 published informational webpage • September 2 added a continuous newsflash link on the home page Newspaper/Newsletter: • August 17 half page article published in the summer newsletter and sent to every household in Lakeville • September 26 Sun This Week article • November 7 Mayor’s guest column in the Sun This Week In addition to these public notices and outreach activities, consideration of the utility franchise fees was published on the agendas and discussed at the following public meetings: City Council Agenda: • January 13 CC Retreat • February 26 CC Work Session • April 22 CC Work Session • July 22 CC Work Session Finance Committee Agenda: • April 17 • June 26 • August 28 • November 13 Page 190 of 203 Economic Development Commission Agenda: • August 27 Chamber of Commerce: • Access and Issues Committee May 10, 2024 • Email sent to all Chamber members on September 5 and October 16, 2024 November 18, 2024: City Council hearing to receive input regarding the proposed utility franchise fees. December 2, 2024: City Council agenda item to consider adoption of the proposed utility franchise fees. December 3, 2024: If the City Council adopts the ordinances to collect the franchise fees, a written notice and a copy of the adopted ordinances must be sent to utility companies and PUC to finalize the franchise fee collection process. December 4, 2024–March 31, 2025 (Second 90-day notification period): Second round of public notices to be sent out to residents and businesses. April 1, 2025: Implementation of franchise fees. Supporting Information • Utility Franchise Fee Ordinances. Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by Allyn Kuennen, Assistant City Administrator Page 191 of 203 231189v2 ORDINANCE NO. _____ CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON DAKOTA ELECTRIC ASSOCIATION, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF LAKEVILLE THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA, ORDAINS: Section 1. Purpose. The Lakeville City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Lakeville. Pursuant to City Ordinance No. 950, a Franchise Agreement between the City of Lakeville and Dakota Electric Association, a Minnesota corporation, its successors and assigns, (“Company”) the City has the right to impose a franchise fee on the Company. Section 2. Terms. A franchise fee is hereby imposed on the Company under its electric franchise in accordance with the amount and fee design set forth in the fee schedule attached as Exhibit A to this Ordinance commencing with the Company’s January 2025 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the City will control. Section 3. Payment and Fee Modification. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. The franchise fee may be increased or decreased by ordinance from time to time, however any such change may not occur more often than annually. No franchise fee shall be payable by Company if Company is unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to Page 192 of 203 231189v2 disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers that is non-public by law. Section 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates of City residents to reimburse the Company for the cost of the fee. The Company agrees that it is prohibited from adding an administrative fee of any kind on to the franchise fee. Section 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Section 6. Effective Date of Franchise Fee. The effective date of fee collection shall be April 1, 2025, or ninety (90) days after the City sends written notice enclosing a copy of this adopted Ordinance to the Company by certified mail, whichever date is later. Effective Date. This ordinance becomes effective from and after its passage and publication. ADOPTED by the City Council of the City of Lakeville, Minnesota this ______ day of _______________, 2024. CITY OF LAKEVILLE BY: _______________________________ Luke Hellier, Mayor ATTEST: ____________________________ Ann Orlofsky, City Clerk Page 193 of 203 231189v2 EXHIBIT A DAKOTA ELECTRIC ASSOCIATION ELECTRIC FRANCHISE FEE SCHEDULE Class Monthly Fee per Customer* Residential $6.00 Sm C & I – Non-Dem $16.00 Sm C & I – Demand $35.00 Large C & I $120.00 Franchise fees are to be collected monthly by the Company in the amounts set forth in the above schedule, and remitted to the City on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. Page 194 of 203 231191v3 ORDINANCE NO_____ CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON CENTERPOINT ENERGY RESOURCES CORP. d/b/a CENTERPOINT ENERGY MINNESOTA GAS, A DELAWARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF LAKEVILLE THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA, ORDAINS: Section 1. Purpose. The Lakeville City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide gas services within the City of Lakeville. Pursuant to City Ordinance No. 860, a Franchise Agreement between the City of Lakeville and CenterPoint Energy Resources Corp. d/b/a CenterPoint Energy Minnesota Gas, a Delaware corporation, its successors and assigns, (“Company”) the City has the right to impose a franchise fee on the Company. Section 2. Terms. A franchise fee is hereby imposed on the Company under its gas franchise in accordance with the amount and fee design set forth in the fee schedule attached as Exhibit A to this Ordinance commencing with the Company’s January 2025 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the City will control. Section 3. Payment and Fee Modification. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for gas service. The franchise fee may be increased or decreased by ordinance from time to time, however any such change may not occur more often than annually. No franchise fee shall be payable by Company if Company is unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous Page 195 of 203 231191v3 billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers that is non-public by law. Section 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates of City residents to reimburse the Company for the cost of the fee. The Company agrees that it is prohibited from adding an administrative fee of any kind on to the franchise fee. Section 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.6 of the Franchise Agreement. Section 6. Effective Date of Franchise Fee. The effective date of fee collection shall be April 1, 2025 or ninety (90) days after the City sends written notice enclosing a copy of this adopted Ordinance to the Company by certified mail, whichever date is later. Effective Date. This ordinance becomes effective from and after its passage and publication. ADOPTED by the City Council of the City of Lakeville, Minnesota this ______ day of _______________, 2024. CITY OF LAKEVILLE BY: _______________________________ Luke Hellier, Mayor ATTEST: ____________________________ Ann Orlofsky, City Clerk Page 196 of 203 231191v3 EXHIBIT A CENTERPOINT ENERGY GAS FRANCHISE FEE SCHEDULE Class Monthly Fee per Customer Residential/Firm A $6.00 Firm B $35.00 Firm C $120.00 Small Volume Dual Fuel A (SVDF A) $120.00 Small Volume Dual Fuel B (SVDF B) $120.00 Large Volume Dual Fuel (LVDF) $120.00 Large Volume Firm (LGS/LVF) $120.00 Franchise fees are to be collected monthly by the Company in the amounts set forth in the above schedule, and remitted to the city on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. Page 197 of 203 231192v2 ORDINANCE NO_____ CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE IMPLEMENTING A GAS SERVICE FRANCHISE FEE ON MINNESOTA ENERGY RESOURCES, A SUBSIDIARY OF WEC ENERGY GROUP, A WISCONSIN CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING GAS SERVICE WITHIN THE CITY OF LAKEVILLE THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA, ORDAINS: Section 1. Purpose. The Lakeville City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide gas services within the City of Lakeville. Pursuant to City Ordinance No. 859 a Franchise Agreement between the City of Lakeville and Minnesota Energy Resources, a Wisconsin corporation, its successors, and assigns, (“Company”) the City has the right to impose a franchise fee on the Company. Section 2. Terms. A franchise fee is hereby imposed on the Company under its gas franchise in accordance with the amount and fee design set forth in the fee schedule attached as Exhibit A to this Ordinance commencing with the Company’s March 2025 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for gas service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the City will control. Section 3. Payment and Fee Modification. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for gas service. The franchise fee may be increased or decreased by ordinance from time to time, however any such change may not occur more often than annually. No franchise fee shall be payable by Company if Company is unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for gas service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times Page 198 of 203 231192v2 provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers that is non-public by law. Section 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates of City residents to reimburse the Company for the cost of the fee. The Company agrees that it is prohibited from adding an administrative fee of any kind on to the franchise fee. Section 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.6 of the Franchise Agreement. Section 6. Effective Date of Franchise Fee. The effective date of fee collection shall be April 1, 2025 or ninety (90) days after the City sends written notice enclosing a copy of this adopted Ordinance to the Company by certified mail, whichever date is later. Effective Date. This ordinance becomes effective from and after its passage and publication. ADOPTED by the City Council of the City of Lakeville, Minnesota this ______ day of _______________, 2024. CITY OF LAKEVILLE BY: _______________________________ Luke Hellier, Mayor ATTEST: ____________________________ Ann Orlofsky, City Clerk Page 199 of 203 231192v2 EXHIBIT A MINNESOTA ENERGY RESOURCES GAS FRANCHISE FEE SCHEDULE Class Monthly Fee per Customer Residential $6.00 Class 1 Customers (0-1,500 Therms Annually) $16.00 Class 2-4 Customers (1,501- 2,000,000 Therms Annually) $35.00 Class 5 Customers (Greater than 2,000,000 Therms Annually) $120.00 Franchise fees are to be collected monthly by the Company in the amounts set forth in the above schedule, and remitted to the city on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. Page 200 of 203 231188v2 ORDINANCE NO. _____ CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, D/B/A XCEL ENERGY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF LAKEVILLE THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA, ORDAINS: Section 1. Purpose. The Lakeville City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility companies that provide electric services within the City of Lakeville. Pursuant to City Ordinance No. 949, a Franchise Agreement between the City of Lakeville and Northern States Power Company, a Minnesota corporation, its successors and assigns, (“Company”) the City has the right to impose a franchise fee on the Company. Section 2. Terms. A franchise fee is hereby imposed on the Company under its electric franchise in accordance with the amount and fee design set forth in the fee schedule attached as Exhibit A to this Ordinance commencing with the Company’s January 2025 billing month. This fee is an account-based fee on each premise and not a meter-based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being billed at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event any entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company’s manner of billing for energy used at all similar premises in the City will control. Section 3. Payment and Fee Modification. The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made. The payment shall be due the last business day of the month following the period for which the payment is made. Such fee shall not exceed any amount that the Company may legally charge to its customers prior to payment to the City by imposing a surcharge equivalent to such fee in its rates for electric service. The franchise fee may be increased or decreased by ordinance from time to time, however any such change may not occur more often than annually. No franchise fee shall be payable by Company if Company is unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company’s applicable rates for electric service. Company may pay the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at Page 201 of 203 231188v2 reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers that is non-public by law. Section 4. Surcharge. The City recognizes that the Minnesota Public Utilities Commission may allow the Company to add a surcharge to customer rates of City residents to reimburse the Company for the cost of the fee. The Company agrees that it is prohibited from adding an administrative fee of any kind on to the franchise fee. Section 5. Enforcement. Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Section 6. Effective Date of Franchise Fee. The effective date of fee collection shall be April 1, 2025 or ninety (90) days after the City sends written notice enclosing a copy of this adopted Ordinance to the Company by certified mail, whichever date is later. Effective Date. This ordinance becomes effective from and after its passage and publication. ADOPTED by the City Council of the City of Lakeville, Minnesota this ______ day of _______________, 2024. CITY OF LAKEVILLE BY: _______________________________ Luke Hellier, Mayor ATTEST: ____________________________ Ann Orlofsky, City Clerk Page 202 of 203 231188v2 EXHIBIT A XCEL ENERGY ELECTRIC FRANCHISE FEE SCHEDULE Class Monthly Fee per Customer* Residential $6.00 Sm C & I – Non-Dem $16.00 Sm C & I – Demand $35.00 Large C & I $120.00 Franchise fees are to be collected monthly by the Company in the amounts set forth in the above schedule, and remitted to the city on a quarterly basis as follows: January – March collections due by April 30. April – June collections due by July 31. July – September collections due by October 31. October – December collections due by January 31. Page 203 of 203