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12-16-2024 Agenda Packet
AGENDA CITY COUNCIL MEETING December 16, 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. Badging the Class of 22 Firefighters 6. Consent Agenda a. Check Register Summary b. Minutes of the 11/08/2024 Special City Council Meeting c. Minutes of the 12/02/2024 CIty Council Meeting d. 2025 Business License Renewals e. Resolution Amending the 2025 Regular City Council Meetings and Work Session Calendar f. Resolution Approving the Submission of the 2025 Private Property Inflow and Infiltration Grant Program Application g. Resolution Requesting the Minnesota Department of Transportation to Perform a Speed Zone Study for Dodd Boulevard from Granby Lane to Pilot Knob Road h. Resolution Accepting Donations From Customers of Lakeville Liquors i. Agreement with Century Fence Company for Installation of Aronson Park Field Seven Backstop and Sideline Fence j. Resolution Approving the 2025 Opioid Settlement Fund Budget k. Resolution to Approve Election of Non-waiver of Statutory Tort Liability Limits Page 1 of 315 City Council Meeting Agenda December 16, 2024 Page 2 l. Economic Development Strategic Plan m. Temporary on-sale liquor license to Dakota Curling Club n. Change Order No. 2 for Airlake 70 First Addition & KTJ First Addition Public Improvements (City Project 22-24) o. Contracts for 2025 Water Treatment Plant Chemicals p. 2025 Community Waste Abatement Grant Agreement with Dakota County q. Agreement with Hartman Companies, Incorporated for Grand Prairie Park Field Drainage Improvements: CIP #24-20 r. Fire Service Agreement Eureka Township s. Resolution Accepting Donations to the Lakeville Parks & Recreation Department in the 4th Quarter of 2024 t. Approve 2024 Financial Metrics Report u. Approval of InvoiceCloud Amendment No.1 to Biller Agreement v. Encroachment Agreement with Youngfield Homes for Private Improvements in Public Easements w. Spectrum Mid-America, LLC (Charter Cable Partners, LLC) Franchise Extension x. Amended Communications Site Lease Agreement with Dish Wireless LLC. y. Adoption of 2025 Legislative Priorities z. CDBG Subrecipient Agreement with DARTS for LOOP Senior Bus Service, Senior Outdoor Chores and Minor Home Repairs aa. Resolution Amending the 2024 Budgets bb. 179th Street Apartments Preliminary Plat and CUP Extension 7. Closed Session a. The City Council will move to a closed session to develop or consider an offer for the sale of real property located at property identification no: 22-48200-00-020, Lakeville, MN pursuant to Minn. Stat. 13D.05 Subd.3(c)(3) 8. Action Items a. Resolution Approving the Acquisition of Real Property. b. Public Hearing to vacate easements and consider the final plat of Ritter Meadows Third Addition c. Report on City Administrator's Performance Evaluation 9. Unfinished Business 10. New Business 11. Announcements a. Next City Council Meeting January 6, 2025 Page 2 of 315 City Council Meeting Agenda December 16, 2024 Page 3 b. Next CIty Council Work Session January 27, 2025 12. Adjourn Page 3 of 315 Date: 12/16/2024 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 324494-324593 18955-19068 $803,804.91 $3,102,384.76 $3,906,189.67 Checks – Arena Checks – Dakota 911 ACH/EFT – Arena ACH/EFT –Dakota 911 Total Arena/Dakota 911 100014-100024 200026-200027 52-66 49-61 $265,030.06 $2,128.10 $78,254.71 $213,500.77 $558,913.64 Grand Total $4,465,103.31 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 12.03.24CKSUM 2. Check Register 12.03.24 for Dec 16,2024 Council Mtg Financial Impact: $3,906,189.67 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 4 of 315 Page 5 of 315 MINUTES SPECIAL CITY COUNCIL MEETING November 8, 2024 - 12:00 PM City Hall Council Chambers 1.Call to order, roll call Mayor Hellier called the meeting to order at 12:00 p.m. Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Taylor Snider, Assistant to the City Administrator; Jessica Xi, Elections Specialist 2.Canvas Official Results of the November 5, 2024 City General Election The City Clerk presented the Abstract of Votes Cast in the Municipal General Election held on Tuesday, November 5, 2024, as attached to the minutes. City Council asked questions about the tabulator's malfunction in Precinct 7 on election day. City Clerk Ann Orlofsky explained that issues like this occasionally occur; the same problem also occurred at Precinct 2 on election day. The Lead Election Judges followed all procedures under the Minnesota State Statute. Motion was made by Volk, seconded by Lee, to receive the abstract of Votes Cast and declare the official results of November 5, 2024, Municipal General Election. 3.Adjourn The meeting adjourned at 12:15 p.m. Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 6 of 315 MINUTES CITY COUNCIL MEETING December 2, 2024 - 6:00 PM City Hall Council Chambers 1.Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6:00 p.m. 2.Roll Call Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; Joe Masiarchin, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Taylor Snider, Assistant to the City Administrator; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Alyssa Frey, Human Resources Director 3.Citizen Comments Joseph Meyer, 17678 Kettering Trail, addressed the City Council about a letter he received with regard to a letter that was sent to his home stating that he would be prosecuted for renting his home on AirBnB. 4.Additional agenda information None 5.Presentations/Introductions a.Park and Recreation Quarterly Report Park and Recreation Director Joe Masiarchin presented the quarterly report. 6.Consent Agenda Motion was made by Wolter, seconded by Bermel, to approve the following: Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a.Check Register Summary b.Minutes of the 11/18/2024 City Council Meeting c.Proposal for Professional Services for Final Design of Spyglass Neighborhood Park d.Contract with Bergerson Caswell Inc. for the rehabilitation of Well No. 17. e.Facility Use Agreement with Allina Health System f.Award of Construction Contract to Bituminous Roadways for Quigley-Sime Park Stormwater Infrastructure Maintenance g.Resolutions Approving 2025 Pay Plans Page 7 of 315 City Council Meeting Minutes December 2, 2024 Page 2 h.Mowing Contract for County and City Boulevards i.Agreement with Xcel Energy for Streetight Replacement on Lakeville Boulevard and Gateway Drive j.Professional Services Supplemental Agreement for Office and Lunchroom Renovations at the Central Maintenance Facility k.Professional Services Agreement with Aurora Consulting for a Parks and Recreation Strategic Planning Workshop 7.Action Items a.Public Hearing on the Adoption of a Fee Schedule by Ordinance Finance Director Julie Stahl presented the recommended changes for the 2025 Fee Schedule. Mayor Hellier opened the public hearing at 6:27 p.m. There were no comments from the public. Motion was made by Volk, seconded by Bermel, to close the public hearing at 6:28 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Bermel, seconded by Lee, to adopt the 2025 Fee Schedule by Ordinance. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter b.Public Budget Meeting (Truth In Taxation) for 2025 Property Tax Levy and 2025 Budget Director Julie Stahl presented the staff report. Stahl explained the proposed 2025 budget anticipated adjustment of certain fees. The proposed changes were consistent with the discussion conducted at the budget work session on November 25th. Mayor Hellier opened the public hearing at 6:43 p.m. There were no comments from the public. Motion was made by Volk, seconded by Wolter, to close the public hearing at 6:44 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Council added that they were happy health benefits and contributions could stay low and competitive. Lee moved, seconded by Bermel, to adopt Resolutions 24-128, Approving the 2025 Property Tax Levy, 24-129, Adopting the 2025 Budget, authorize the order of Fire and Police vehicles/equipment, and 24-130, Authorizing the 2025 Purchase and Disposal of Vehicles and Equipment. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter c.Utilities Franchise Fees Page 8 of 315 City Council Meeting Minutes December 2, 2024 Page 3 Assistant City Administrator Allyn Kuennen reviewed the four Utilities Franchise Fee Ordinances. Kuennen explained how these fees were determined and how the transition would occur. The City Council took comments from the public at the November 16, 2024, City Council meeting. Council discussed the community's investment in public safety, they discussed a flat fee, the transparency of a tax, the idea of bonding for these projects. The Council greatly appreciated the feedback they received from the residents and businesses in the community. Motion was made by Wolter, seconded by Lee, to approve four ordinances to implement electrical service franchise fees on Xcel Energy and Dakota Electric Association and adopt four ordinances to implement gas service franchise fees on Centerpoint Energy Minnesota Gas and Minnesota Energy Resources. Roll call was taken on the motion. Ayes - Hellier, Lee, Wolter Nay - Volk, Bermel Motion was made by Lee, seconded by Wolter, approve summary ordinances of the four ordinances imposing franchise fees. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 8.Unfinished Business None 9.New Business None 10.Announcements Next Work Session Monday, December 9, 2024 Next City Council Meeting Monday, December 16, 2024 11.Adjourn to a closed session. Motion was made by Lee, seconded by Bermel, to adjourn to a closed session. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a.Motion to close the meeting to conduct a performance evaluation of City Administrator Justin Miller pursuant to MN Statute 13 D.05 subd. 3(a) Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 9 of 315 Date: 12/16/2024 2025 Business License Renewals Proposed Action Staff recommends adoption of the following motion: Move to approve the issuance of the 2025 business licenses to the establishments listed in the report below. Overview Business licenses are valid from January 1 through December 31 of each year and are subject to annual renewal. The following businesses have applied and paid the fee for a business license for 2025: Mixed Municipal Solid Waste and Recyclable Material Collector License Class A Class B Allied Waste Services d/b/a Republic Services 4325 East 66th Street Inver Grove Heights, MN 55076 Aspen Waste Systems, Inc. 2951 Weeks Avenue SE Minneapolis, MN 55414 Buckingham Disposal 5980 Credit River Road SE Prior Lake, MN 55372 Dick's Sanitation 8984 215th Street W Lakeville, MN 55044 Nitti Sanitation, Inc. 10730 Briggs Drive Lakeville, MN 55044 Waste Management 1901 Ames Drive Burnsville, MN 55306 Suburban Waste MN LLC 7125 126th Street W Savage, MN 55378 Page 10 of 315 Cannabinoid License Emagine Theatre 20653 Keokuk Avenue Lakeville, MN 55044 Lakeville Liquors Keokuk 20880 Keokuk Avenue Lakeville, MN 55044 Hideaway 16040 Cedar Avenue South Rosemount, MN 55068 Lakeville Tobacco & Vape 47648 Kenwood Trail Lakeville, MN 55044 HiHi Toabcco Market 8485 210th Street W Lakeville, MN 55044 Natreum Lakeville 16085 Buck Hill Road Lakeville, MN 55044 Kwik Trip # 343 17388 Glacier Way Lakeville, MN 55044 Puffs Tobacco 8343 220th Street West Lakeville, MN 55044 Kwik Trip #692 20187 Dodd Blvd Lakeville, MN 55044 Remedy Bar 20757 Holyoke Avenue Lakeville, MN 55044 Kwik Trip #694 16260 Kenrick Avenue Lakeville, MN 55044 Vape City Tobacco 11276 210th Street West Lakeville, MN 55044 Lakeville Liquors Galaxie 16000 Galaxie Avenue Lakeville, MN 55044 Vape Genius 17729 Kenwood Trail Lakeville, MN 55044 Lakeville Liquors Heritage 20164 Heritage Drive Lakeville, MN 55044 Vape World 20651 Kenrick Ave Lakeville, MN 55044 Lakeville Liquors Kenrick 16179 Kenrick Avenue Lakeville, MN 55044 Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 11 of 315 Date: 12/16/2024 Resolution Amending the 2025 Regular City Council Meetings and Work Session Calendar Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution amending the 2025 Regular City Council Meeting and Work Session Calendar. Overview The City Council has set a date for their Annual City Council Retreat. It will take place on Saturday, January 4, 2025 at John Hennen Antlers Park Pavilion at 8:00 a.m. The attached resolution includes the addition of the City Council Retreat. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 12 of 315 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION AMENDING THE 2025 REGULAR CITY COUNCIL MEETINGS AND WORK SESSION CALENDAR WHEREAS the City Council has set the date for their annual City Council Retreat for Saturday, January 4, 2025 to be held at the John Hennen Antlers Park Pavilion at 8:00 a.m.; NOW, THEREFORE, BE IT RESOLVED that meeting dates in 2025 for the Lakeville City Council shall be as follows. These meetings shall begin at 6:00 p.m. Regular Meeting Regular Meeting Work Session January 6 January 21* January 27 February 3 February 18* February 24 March 3 March 17 March 24 April 7 April 21 April 28 May 5 May 19 May 27* June 2 June 16 June 23 July 7 July 21 July 28 August 4 August 18 August 25 September 2* September 15 September 22 October 6 October 20 October 27 November 3 November 17 November 24 December 1 December 15 December 8 *Meeting date is Tuesday due to legal holiday on Monday The City Council Retreat will be held on January 4, 2025 at 8:00 a.m. ADOPTED by the Lakeville City Council this 16th day of December 2024. CITY OF LAKEVILLE CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 13 of 315 Page 14 of 315 Date: 12/16/2024 Resolution Approving the Submission of the 2025 Private Property Inflow and Infiltration Grant Program Application Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution allowing for the submission of the 2025 Private Property Inflow and Infiltration Grant Program application. Overview The Metropolitan Council Environmental Services (MCES) has announced a Private Property Inflow and Infiltration Grant Program for 2025. Cities that have been identified as excessive inflow and infiltration contributors are eligible for the grant program. The City of Lakeville meets the grant program criteria and is eligible to apply. The purpose of the program is to assist private property owners in lowering the amount of inflow and infiltration entering into the municipal sanitary sewer system through breaks, cracks, and roots in private sewer service laterals. The program will be set up to assist Lakeville residents with the cost of sanitary sewer service repairs when they occur within the private portion of the sewer service. The grant pays 50% of the cost of the sewer service repair, up to $5,000. Staff is proposing to request $60,000 in funding. If the City is awarded the grant funds, residents would request the grant funds through the City and pay for the remaining cost of the work not covered by the grant. The City would not participate in the cost of the improvements but only work with the resident to receive the grant funds. Awarded amounts will be based on the interest of other communities and the city's degree of inflow and infiltration issues compared to other applicants. The Metropolitan Council will notify the cities of the awarded amounts in late December. Supporting Information 1. Resolution - Submission of Private Property I_I Grant Application 2. 2025 Private Property I_I Grant Application 3. 2025 Private Property I_I Guidelines Financial Impact: None Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Grossman, Utilities Supervisor Page 15 of 315 Page 16 of 315 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Approving the Submission of the 2025 Private Property Inflow and Infiltration Grant Program Application with the Metropolitan Council WHEREAS, the Metropolitan Council provided notice to the City of Lakeville that funding for the 2025 Private Property Inflow and Infiltration Grant Program will be available January 1, 2025 through December 31, 2025; and WHEREAS, the City of Lakeville may apply for funding assistance to the Metropolitan Council 2025 Private Property Inflow and Infiltration Grant Program; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota: 1. The City of Lakeville may apply for the 2025 Private Property Inflow and Infiltration Grant Program with Metropolitan Council, a copy of which was before the Council. 2. The proper City officials are authorized to execute such agreement, and any amendments thereto. ADOPTED by the Lakeville City Council this 2nd day of December 2024. CITY OF LAKEVILLE ______________________________ Luke M. Hellier, Mayor ATTEST: _________________________________ Ann Orlofsky, City Clerk Page 17 of 315 Page - 1 PRIVATE PROPERTY INFLOW & INFILTRATION GRANT PROGRAM (Exhibit A) Application for Participation - 2025 Information This form provides the basis for entering into an agreement with the Metropolitan Council Environmental Services (Met Council, ES) for the Private Property Inflow & Infiltration (I/I) Grant Program for 2025. Completion of this form and its attachments confirms your municipality’s intention to participate and verifies that the municipality has performed all required activities to receive grant funding for private residential I/I mitigation work. More information on the grant program, including program guidelines, can be found at the following link: https://metrocouncil.org/Wastewater-Water/Funding-Finance/Available-Funding-Grants/Private- Property-Inflow-and-Infiltration-Grants.aspx Grant Application Municipality Name: City of Lakeville Date: 11/26/2024 Designated Contact (all correspondence and municipality responsibility regarding participation in the program should be addressed to the individual named below): Name: Steve Grossman Address: 20195 Holyoke Ave Lakeville, MN 55044 Phone Number: 952-985-2742 Email: sgrossman@lakevillemn.gov Requested Grant Amount: $60,000 *Recent data suggests an average lining cost of $9,000 per sewer lateral A resolution from Council confirming this individual’s authority and certification that they have read the program guidelines and support participation in the program must be submitted. Is a resolution attached: ☐Yes ☒No Page 18 of 315 Page - 2 | METROPOLITAN COUNCIL Do you plan to solicit bids from MCUB businesses? ☐Yes ☒No ☐Check here for acknowledgement of Met Council MCUB approved businesses list. If you plan to consider an equity component in your grant fund distributions, please provide a statement explaining how you plan to do this: We have no equity component in place. Please provide a statement explaining how you plan to do outreach and communication to reach private property owners. We will use this grant on a case-by-case basis to help residents pay for sewer lateral break repairs. At the time of the repair, we will discuss this option with the resident. What, if any, outreach and communication support would be helpful to receive from Met Council? NA Page 19 of 315 Page - 1 PRIVATE PROPERTY INFLOW & INFILTRATION GRANT PROGRAM Grant Requirements, Guidelines & Timeline - 2025 Information The Metropolitan Council Environmental Services (Met Council, ES) is implementing a private property inflow and infiltration (I/I) grant program beginning January 2025. The goal of the program is to assist private property owners with financial assistance to remove I/I from the regional interceptor system through repairs of the sewer lateral or foundation drain on the property. ES has committed to assigning funds every year from the PayGo fund for this grant program. Council Guidelines Eligible Municipalities Eligible municipalities include those that have been designated excessive I/I contributors by the Met Council, or that have had a measurable flow rate within 20 percent of the permitted flow limit. Eligible Work • Grants to private property owners shall be for a percentage of actual, reasonable, and verifiable I/I mitigation costs. No costs of studies, engineering, or planning shall be eligible. • Grant reimbursement shall be 50% of eligible costs, up to $5,000, for applicants not meeting equity criteria set by the participating municipalities. Eligible work includes: o Private lateral repair and/or replacement o Foundation drain disconnections and new sump pump, if associated with the foundation drain disconnect o Lateral televising and cleaning costs if: ▪ Applicant meets the equity criteria or ▪ Televising and cleaning result in repair or replacement of sewer lateral • Grants of up to $10,000 may be given to private property owners meeting the municipality’s equity criterion. • The private service line or foundation drain must be active and serving an occupied building. • All repairs and replacements must be made with materials and methods consistent with local codes and permit requirements. • Qualified spending on eligible work must occur between January 1, 2025 and December 31, 2025. Grant Process Application • ES will notify all eligible municipalities and request grant applications. • Eligible municipalities will apply for the program and request a total grant amount for anticipated grant reimbursement to private property owners. • Applying municipalities must submit the Application for Participation and a resolution from City Council authorizing application and execution of the grant. Page 20 of 315 Page - 2 | METROPOLITAN COUNCIL • After all applications are received, ES will review requested grant amounts for proposed work and encumber a grant amount for each participating municipality. It is anticipated that more grant funds will be requested than what is available, meaning applicants may not receive their full request. Grant awards will be encumbered to each municipality by this process: o Half of the available grant funds will be divided equally among participants. o The remaining half will be distributed to participants based on the size of their grant request. • Municipalities will be informed of their total grant amount for the program year at the start of the program year. • ES will send grant agreements to municipalities for signature and, upon return, will sign, and will create purchase orders payable to the applicant municipality. • Signed agreements and application must be returned to ES prior to participation in the program. Reporting Requirements and Reimbursement • Each quarter, municipalities will submit the PPII Reporting Form Excel workbook of work completed, invoices, and certificates of completeness to certify the work for each grant was done and records auditable. Only one grant per property may be awarded. o ES has provided a list of verified Metropolitan Council Underutilized Business (MCUB) contractors able to perform water and sewer work (attached). It is not required to use the contractors on that list but is provided as an option. More information on the Met Council MCUB program can be found here: https://metrocouncil.org/About-Us/What-We- Do/DoingBusiness/Small-Business-Programs/mcub.aspx • ES will review the PPII Reporting Form Excel workbook and supporting documentation and issue grant reimbursement. Municipalities have until January 31 of the following year to submit all paperwork for work performed during the program year. • Any funds encumbered to a municipality and not spent during the program year will remain in ES’s PayGo fund. • The Met Council reserves the right to change these guidelines, if in its sole discretion the results of the process do not equitably allocate the funds. Equity Component Thrive MSP 2040 is the Met Council’s vision for the region through the year 2040. It reflects concerns, needs, and aspirations for the region and addresses our responsibility to future generations. Thrive MSP 2040 has five outcomes that reinforce and support each other to produce greater benefits for the region. Those outcomes are Stewardship, Prosperity, Equity, Livability, and Sustainability. Thrive MSP 2040 provides the following definition of equity: “Equity connects all residents to opportunity and creates viable housing, transportation, and recreation options for people of all races, ethnicities, incomes, and abilities so that all communities share the opportunities and challenges of growth and change. For our region to reach its full economic potential, all of our residents must be able to access opportunity. Our region is stronger when all people live in communities that provide them access to opportunities for success, prosperity and quality of life.” (Metropolitan Council, 2014). The equity component of allowing grant reimbursement up to a $10,000 cap for private property owners meeting a municipality’s equity criterion is one way equity is incorporated into this program. It is acknowledged that each municipality has different equity considerations and knows the needs of their residents the best; therefore, it is up to the municipality to determine if a resident has an equity need and up to the municipality to determine the resident’s final grant award, up to $10,000. If a repair is higher than the program cap of $10,000, options, among others, to cover that cost include a municipality match, assessing the property for the remaining amount, or requesting payment from the Page 21 of 315 Page - 3 | METROPOLITAN COUNCIL resident. The means of collection are up to each municipality. Be advised, if grant awards are paid directly to the private property owner, it is recommended to speak with a tax professional, as the municipality may have to provide a 1099 tax form. Calendar Send notice of grant program guidelines to municipalities, requesting applications November 1, 2024 Grant applications due from municipalities November 27, 2024 ES notifies municipalities of their grant amount December 16, 2024 Municipalities submit pay claims for completed work April 30, August 31, October 31, 2025; January 31, 2026 ES processes reimbursement upon receipt of signed agreement Quarterly Links/References https://metrocouncil.org/Wastewater-Water/Planning/Wastewater/Inflow-and-Infiltration.aspx https://metrocouncil.org/Wastewater-Water/Funding-Finance/Available-Funding-Grants/Private- Property-Inflow-and-Infiltration-Grants.aspx Page 22 of 315 Date: 12/16/2024 Resolution Requesting the Minnesota Department of Transportation to Perform a Speed Zone Study for Dodd Boulevard from Granby Lane to Pilot Knob Road Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution requesting the Minnesota Department of Transportation to perform a speed zone study for Dodd Boulevard from Granby Lane to Pilot Knob Road. Overview Minnesota Statute 169.14 establishes statutory speed limits on roadways. Local authorities can request that the Minnesota Department of Transportation (MnDOT) perform engineering studies and traffic investigations to determine reasonable and safe speed limits. The segment of Dodd Boulevard between Granby Lane and Pilot Knob Road was recently improved, and the speed limit has not been reviewed since construction. A request for a speed zone study to determine the reasonable and safe speed limit based on the new conditions (and geometric design) is appropriate, and a resolution is required. Supporting Information 1. 2024.12.16_Resolution_Dodd Boulevard Financial Impact: $0 Budgeted: No Source: N/A Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Jon Nelson, Assistant City Engineer Page 23 of 315 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Requesting the Minnesota Department of Transportation to Perform a Speed Zone Study for Dodd Boulevard from Granby Lane to Pilot Knob Road WHEREAS, the Minnesota Department of Transportation Commissioner is authorized to designate speed limits on public roadways per Minnesota Statute 169.14; and WHEREAS, pursuant to State Statutes, local authorities may request that the Minnesota Department of Transportation perform an engineering and traffic investigation speed zone study when they believe the existing speed limit is greater or less than is reasonable or safe under existing conditions; and WHEREAS, the City of Lakeville has jurisdiction over Dodd Boulevard; and WHEREAS, Dodd Boulevard between Granby Lane and Pilot Knob Road was reconstructed and modernized as two-lane highway between 2023 and 2024; and WHEREAS, the speed limit along the corridor has not been reviewed since roadway improvements were completed and conditions along the corridor have sufficiently changed such that an engineering study and traffic investigation is appropriate to determine reasonable and safe speed limits. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeville, Minnesota requests that the Minnesota Department of Transportation perform an engineering study and traffic investigation for Dodd Boulevard from Granby Lane to Pilot Knob Road. ADOPTED by the Lakeville City Council this 16th day of December 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 24 of 315 Date: 12/16/2024 Resolution Accepting Donations From Customers of Lakeville Liquors Proposed Action Staff recommends adoption of the following motion: Motion to approve the resolution accepting donations valued at $32,764.75 on behalf of Lakeville Liquor customers to be used by the Yellow Ribbon program. Overview Lakeville Liquors hosted a fundraiser for the Yellow Ribbon program during the month of November. Funds were raised using donation jars, sale of discounted club memberships, round- up sales option, in-store silent auctions, and admission fees from Emporium Room events. The total funds provided by the Lakeville Liquor Stores for the Yellow Ribbon program is $32,764.75. Supporting Information None Financial Impact: $32,764.75 Budgeted: No Source: Envision Lakeville Community Values: A Sense of Community Value and Belonging Report Completed by: Tana Wold, Liquor Operations Director Page 25 of 315 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION ACCEPTING DONATIONS FROM CUSTOMERS OF LAKEVILLE LIQUORS Whereas, Minnesota Statute 465.03 requires that all gifts and donation of real or personal property be accepted only with adoption of a resolution of the governing body; and Whereas, the City of Lakeville's Liquor Stores have received donations of money in the amount of $32,764.75; and Whereas, the grants and/or donations were beneficial to the department, and Whereas, the additional revenues received may require the City to incur additional expenditures in order to comply with any grant agreements or restrictions to the donations. Now, Therefore It Be Resolved by the City Council of the CIty of Lakeville that the donations are hereby officially accepted and acknowledged with gratitude to the donors; and Be It Further Resolved that City staff is authorized to named the budget to comply with any grant agreements or restrictions to the donations. Approved this 16th day of December 2024. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 26 of 315 Date: 12/16/2024 Agreement with Century Fence Company for Installation of Aronson Park Field Seven Backstop and Sideline Fence Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Century Fence Company for Installation of Aronson Park Field Seven Backstop and Sideline Fence Overview The City of Lakeville is seeking to replace the current 16 foot tall backstop with a 24 foot tall backstop on field seven at Aronson Park. The 24 foot tall backstop will provide additional protection needed during softball events. This is an ongoing replacement project within the Parks system and will be the fifth backstop out of nine at Aronson to be replaced. The project also includes the removal and replacement of the first base sideline fence. The current eight foot sideline fence is being replaced with a 16 foot fence to provide additional protection for spectators during softball events. The sideline fence portion of the project is being completed thanks to a generous donation from Lakeville Fastpitch Softball Association. The project is scheduled for 2025. Three contractors provided proposals for this project, with Century Fence Company providing the lowest proposal. At this time, staff is recommending that the Mayor and City Council approve the Agreement with Century Fence Company at a cost of $29,846.00. Supporting Information 1. Aronson Park Field 7 Backstop Agreement 2. Century Fence Company Proposal 11.8.2024 3. Proposal Results - Field 7 Backstop & Fence Financial Impact: $29,846.00 Budgeted: Yes Source: $22,000 - Park Improvement Fund $7,846 - LFSA Donation Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Paul Miskimen, Parks Supervisor Page 27 of 315 Page 28 of 315 Page 29 of 315 Page 30 of 315 Page 31 of 315 Page 32 of 315 Page 33 of 315 Page 34 of 315 Quote Century Fence Company 14839 Lake Dr NE Forest Lake, MN 55025 Quote To: CITY OF LAKEVILLE 20195 Holyoke Ave Lakeville , MN 55044 Project Location: Aronson Park Lakville, MN Quote #: 26367 Quote Date: 11/8/2024 Description 24' Tall Backstop (Field #7) Remove existing 10'x 20'x 10' backstop and maintenace strip. Install new 24' tall 10'x 20'x10' Backstop. Posts will be 4" O.D. and set in 12" x 54" concrete footings. Backstop will have 6 gauge 2" wire on the bottom 12' tall section and the top will have 9 guage 2" wire. Rails will be run at the bottom, 2' up, 4' up, 8' up, 12' up and at the top. In addition to the fence a 12" wide x 4' thick concrete maintenance strip will be installed under the fence. All materials will be SS40. • 2 - End post: 4" O.D. Galvanized pipe - Concrete Set • 2 - Corner post: 4" O.D. Galvanized pipe - Concrete Set Alternate Sideline Fence removal and install Remove and replace 80 L.F. of existing sideline fence and maintenance strip along the first base line. Line posts will be 3" O.D. Galvanized steel pipe Concrete set in depth 10" x 54" and spaced a maximum of 10' on centers. The fence will consist of 4 rails which will be 1-5/8" O.D. Galvanized pipe. All materials will be SS40 weight. • 2 - End post: 3" O.D. Galvanized pipe - Concrete Set ADD: $14,350.00 Notes: Excludes Excavation through rock, Excavation through frost, Private Utility Locate, Removal of spoils from post holes offsite, Survey of property for fence layout Quote Total: $15,496.00 Quote Valid For 15 days Buyer's Signature:Date:Submitted by: Ben EricksonBen Erickson Ben EricksonBen Erickson Change Acceptance: This quote when accepted in writing by purchaser and by Century Fence Company includes the terms and conditions set forth on www.centuryfence.com which are incorporated by reference and becomes a contract between two parties. If the project is cancelled upon agreement and special materials were purchased, the customer agrees to pay 100% of the material cost Terms of Payment: Net Cash upon receipt of invoice. Ben Erickson Office: 651-464-7373 Cell:612-454-9755 Email:BErickson@centuryfence.com 1 of 1 11/14/2024 Page 35 of 315 Contractor Proposal Amount Century Fence $29,846.00 Town & Country Fence $33,895.00 Midwest Fence $38,172.00 Proposal Results Aronson Park Field 7 Backstop and Sideline Fence December 2024 Page 36 of 315 Date: 12/16/2024 Resolution Approving the 2025 Opioid Settlement Fund Budget Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Approving the 2025 Opioid Settlement Fund Budget. Overview The City Council approved resolution #21-185 on December 20, 2021 which authorized the City’s participation in the National Prescription Opioid Settlement and the execution of the Memorandum of Agreement (MOA). The MOA requires the City to establish a special revenue fund for the settlement funds and to pass a resolution authorizing the expenditure Opioid Settlement funds and specifying the activities that will be funded. The City of Lakeville has been awarded settlements from three class-action lawsuits resulting from the National Opioid Settlements. When the City formally approved participating in the settlements, the estimated amount to be received was approximately $600,000. Since all deadlines for opting into these settlements have passed, the final calculated amounts have been determined for all participating counties and cities across the United States. The existing settlements have the City of Lakeville receiving $1,077,074 over the course of 18 years. The chart below shows the breakdown of the various settlements and how much the City of Lakeville will receive for each: CLASS-ACTION DEFENDANTS PAYMENT YEARS TOTAL TO RECEIVE Janssen National Opioid Settlement 2022 - 2031 $108,904.66 Distributor National Opioid Settlement 2022 - 2038 $469,048.31 Teva/Allergan/CVS/Walgreens/Walmart 2023 - 2036 $474,291.96 NOAT II Distributor (Mallinckrodt) 2023 $ 9,143.82 McKinsey Settlement 2024 $6,656.83 ENDO Settlement 2024 $9,028.24 The Minnesota Opioids State-Subdivision Memorandum of Agreement (MOA) spells out several programs and strategies in which recipients could choose to utilize the funds. The agreement also indicates that these items are not exclusive, and fund recipients shall have the flexibility to modify their abatement approach as needed and as new uses are discovered. Through the 2025 budget process and various meetings, staff identified that 85% to 90% of the drug task force agent’s time is dedicated to opioid cases. This use falls under the Part Three category of Other Strategies (I. First Responders – 1. Law enforcement expenditures related to Page 37 of 315 the opioid epidemic) in the MOA. With this planned use of the opioid funds, the projected fund balance at December 31, 2025 is expected to be approximately $43K. Of this fund balance, the City will set aside the $9,144 of Mallinckrodt proceeds as that settlement has different reporting requirements than the main group of class-action defendants. Supporting Information 1. Resolution Approving 2025 Opioid Fund Budget Financial Impact: $140,000 Budgeted: Yes Source: Opioid Settlement Fund Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Julie Stahl, Finance Director Page 38 of 315 CITY OF LAKEVILLE RESOLUTION NO. ____ Resolution Approving the 2025 Opioid Settlement Fund Budget WHEREAS, the City Council approved resolution #21-185 on December 20, 2021 which authorized the City’s participation in the National Prescription Opioid Settlement and the execution of the Memorandum of Agreement (MOA); and WHEREAS, the MOA requires the City to establish a special revenue fund for the settlement funds and to pass a resolution authorizing the expenditure of Opioid Settlement funds and specifying the activities that will be funded; and WHEREAS, the City of Lakeville approved the initial proposal for the use of Opioid funds and has included the costs in the 2023, 2024 and 2025 budgets. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota, as follows: 1) The recitals set forth above are incorporated herein; 2) The following expenditures are approved for funding from the Opioid Settlement for fiscal year 2025: Opioid Remediation Uses Per MOA Funding Level (Up to) PART THREE: OTHER STRATEGIES I. First Responders 1. Law enforcement expenditures related to the opioid epidemic 2025 - $140,000 ADOPTED by the Lakeville City Council this 16th day of December 2024. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 39 of 315 Date: 12/16/2024 Resolution to Approve Election of Non-waiver of Statutory Tort Liability Limits Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Electing the Non-Waiver of Statutory Municipal Tort Liability Limits. Overview The City of Lakeville participates in the League of Minnesota Cities Insurance Trust (LMCIT) for securing its liability, property, casualty, automobile and workers compensation insurance coverage. As a consideration of insurance policy renewal, the City must annually execute an “LMCIT Liability Coverage Waiver Form” and: 1. Determine whether to waive the statutory liability limits; and Staff is recommending that the City does not waive the monetary limits on municipal tort liability for 2025. Staff further recommends not purchasing Excess Liability above and beyond the existing $2M of coverage. Supporting Information 1. Statutory Tort Limits 2. Resolution Non-Waiver Tort Liability Financial Impact: $0 Budgeted: No Source: Municipal Reserve Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 40 of 315 PRIMARY ISSUES TO CONSIDER If the City does not waive the statutory tort limits, an individual claimant would be able to recover no more than $500,000 on any claim to which the statutory limits apply. The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would be limited to $1,500,000. These statutory tort limits apply regardless of whether the City purchases the optional excess liability coverage. A tort is a civil wrong whereby an injured party may be entitled to compensation. If the City waives the statutory tort limits, a single claimant could potentially recover up to $2 million for a single occurrence. (Under this option the tort cap liability limits are waived to the extent of the member’s liability coverage limits, and the LMCIT per occurrence limit is $2 million.) The total all claimants would be able to recover for a single occurrence to which the statutory tort limits apply would also be limited to $2 million, regardless of the number of claimants. Claims to which the statutory municipal tort limits do not apply are not affected by this decision. For coverage written or renewed on or after November 15, 2014 LMCIT’s liability coverage will provide a limit of $2 million per occurrence. The LMCIT is providing higher coverage limits than the statutory limit to give member cities better protection. The statutory liability limit caps the City’s liability for many types of claims, but some liability claims aren’t covered by the statutory limit, so the City’s potential liability is unlimited. The higher limit also protects against a major incident in which many people might be injured. Another reason to provide higher limits is because it is increasingly more common to see contracts requiring more than the statutory limit of $1.5 million; a more common figure is the $2 million limit. The bottom line is the Council must decide if it wishes to allow a higher recovery amount if an individual was successful under a tort liability claim against the City. The advantage of the waiver option is that it allows in some cases for a claimant with a legitimate claim to recover more of their actual damages. The disadvantage is that the City’s liability exposure is greater if it waives the statutory limits and the City’s liability insurance premium would increase. The cost to waive the statutory limits would be about 3.5% of our base liability premium or approximately $8,129 annually. In the past the Council has declined waiving the statutory monetary limits because it increases the amount available to award to a successful plaintiff, it may encourage larger settlements and it drives up the City’s insurance premium. Very few cities insured by LMCIT have chosen to waive the statutory tort limits. Page 41 of 315 RESOLUTION NO. _________ Election of Non-Waiver of Statutory Municipal Tort Liability Limits WHEREAS, Minnesota Statutes 466.04 imposes limits on municipal tort liability; and WHEREAS, The City of Lakeville has the option to waive the protection of statutorily imposed limits on what a claimant can recover in a tort liability action; and WHEREAS, The Lakeville City Council has evaluated whether to waive the limit on tort liability. NOW THEREFORE, BE IT RESOLVED, that the City of Lakeville hereby exercises the following elections with respect to the available LMCIT insurance options: 1. The City of Lakeville DOES NOT WAIVE the monetary limits on municipal tort liability established by Minnesota Statutes Section 466.04 effective for the 2025 policy year. ADOPTED by the Lakeville City Council this 16th day of December 2024. CITY OF LAKEVILLE ________________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 42 of 315 Date: 12/16/2024 Economic Development Strategic Plan Proposed Action Staff recommends adoption of the following motion: Approval of the Economic Development Strategic Plan 2024-2028 Overview Over this past summer, the EDC prepared the updated Economic Development Strategic Plan charting the course for economic development goals, strategies and action steps for the next four years. The EDC reviewed the final Strategic Plan for Economic Development on August 27th. We reviewed the goals, strategies and action items and the plan was accepted by the EDC. At the September work session, staff presented the plan to the City Council. During that meeting, the council requested that the timelines be more intentional and realistic. Staff revised language on page 17 to explain the timelines and adjusted the timelines for each applicable action item. The City Council also requested the language in Goal 1 related to the HRA and EDA levy be revised to be more exploratory. Therefore, staff updated the wording of any action items on page 18 to fulfill this request. Staff presented the plan to the Finance Committee on November 13th. The EDC reviewed this final plan at their meeting on December 3, 2024, and accepted the amendments. Supporting Information 1. Strategic Plan Final 2024-2028 Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Tina Goodroad, Community Development Director Page 43 of 315 Page 44 of 315 • • • • • • • • • • • • • • • • • Page 45 of 315 Page 46 of 315 Page 47 of 315 • • • • • • • • • • Page 48 of 315 • • • • • • • • • • • • • • • • • • • • Page 49 of 315 • • • • • • • • • • Page 50 of 315 Page 51 of 315 Page 52 of 315 Page 53 of 315 Page 54 of 315 15,951 25,769 33,534 10,468 20,823 37,769 25,619 Page 55 of 315 Page 56 of 315 Page 57 of 315 Page 58 of 315 Page 59 of 315 Page 60 of 315 Page 61 of 315 Page 62 of 315 Page 63 of 315 Page 64 of 315 Page 65 of 315 Page 66 of 315 Page 67 of 315 • • • • • • Page 68 of 315 • • • • • • • Page 69 of 315 • • • • • • Page 70 of 315 Page 71 of 315 Page 72 of 315 Page 73 of 315 Date: 12/16/2024 Temporary on-sale liquor license to Dakota Curling Club Proposed Action Staff recommends adoption of the following motion: Move to approve the issuance of a temporary on-sale liquor license to Dakota Curling Club. Overview The Dakota Curling Club would like to host a curling tournament on January 9 and 10, 2025. They will serve alcohol in the designated area and have requested a tent for overflow seating. Dakota curling personnel will provide security to identify and wristband those of legal age to consume alcohol. They will monitor the entrances to assure that alcohol is not taken out of the designated area. 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 74 of 315 Date: 12/16/2024 Change Order No. 2 for Airlake 70 First Addition & KTJ First Addition Public Improvements (City Project 22-24) Proposed Action Staff recommends adoption of the following motion: Move to approve Change Order No. 2 for Airlake 70 First Addition and KTJ First Addition Public Improvements (City Project 22-24). Overview City Project 22-24 provides for the construction of required public improvements (streets, sanitary sewer, watermain and stormwater facilities) associated with the Airlake 70 First Addition and KTJ First Addition plats. The City Council adopted resolutions approving public improvement and special assessment agreements with the developers and awarded a contract for construction to Northern Lines Contracting on October 3, 2022. Construction was pushed back from an anticipated start date in Fall 2022 to July 2023 due to delays in obtaining required permits from the Minnesota Department of Natural Resources. Change Order No. 1 was approved by the City Council on August 5, 2024, and reflected contract cost increases resulting from the construction delays, established new unit prices for 2024 construction (to address increase in labor/equipment costs), and extended the final completion date to October 31, 2024. Change Order No. 2 reflects the contract cost increase resulting from actual 2024 constructed quantities and extends the final completion date to May 30, 2025. Construction is substantially complete, with only the installation of permanent pavement markings remaining. City staff continue to monitor the total project cost. If the total project cost for CP 22-24 exceeds the original amounts assessed to all properties assessed for CP 22-24, the Airlake 70 First Addition and KTJ First Addition developers will reimburse the City for the excess cost, consistent with the terms and conditions of the approved development contracts. Supporting Information 1. 2024.12.16 Change Order No. 2 Financial Impact: $154,419.80 Budgeted: Yes Source: Special Assessments Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Jonathan Nelson, Assistant City Engineer Page 75 of 315 CITY OF LAKEVILLE CHANGE ORDER NO. 2 CHANGE ORDER DATE 12/5/2024 SHEET Page 1 of 2 PROJECT NO. 22-24 CONTRACTOR Northern Lines Contracting PROJECT NAME 215th Street Extension, Galway Lane, and 220th Street Improvements ADDRESS 9705 Upton circle south Bloomington , mn 55431 TYPE OF WORK Change Order #2 ORIGINAL CONTRACT AMOUNT $5,169,647.64 REVISED CONTRACT AMOUNT $5,324,067.44 Spec. No. Item No. Item of Work Unit Original ± Previous Change Quantity Quantit y ± Unit Price Increase Amount Decrease Amount CO 2 123 CHANGE ORDER NO. 2 LS 0 1.00 $154,419.8 0 $154,419.80 0.00 Net Increase or Decrease: $154,419.80 Totals $154,419.80 $0.00 Due to this change, the contract time: ► a: is increased by 211 calendar days. b: is not changed. c: may be revised if the work affects/affected the controlling operation EXPLANATION OF CHANGE IN PLAN RECOMMENDED (Attach additional sheets if necessary) Change order no. 2 includes work performed by Northern Lines Contracting in 2024. The total amount of change order no. 2 is $154,419.80. The change order amount is based on negotiated unit price increases as a result of project delays that occurred and is detailed per the attached City of Lakeville CP 22-24 – 215th Street Extension, Galway Lane, and 220th Street Improvements – 2024 Unit Price Increases. These unit price increases were agreed to previously as a part of Change Order number 1. The original contract substantial completed date is October 1, 2023. Change order no. 1 extended the substantial completion date to September 30, 2024. The original contract final completion date is October 31, 2023. Change order no. 1 extended the final completion date to October 31, 2024. Change order no. 2 extends the project final completion date to May 30, 2025. Delays in obtaining wetland and DNR permits for work on 215th Street and the proposed creek crossing for Galway Lane prevented construction activities from commencing at the planned, contract start dates. Construction was initially planned to commence in 2022 and be completed in 2023. Construction work could not start until July 2023 and is now not planning for final completion until May 2025. Change Order No. 2 includes additional costs incurred by the project because of these delays. The delays in starting this work resulted in additional earthwork costs tied to dewatering restrictions, increases in labor, equipment, and materials costs, and loss of efficiencies by the Contractor. The unit price increase for work performed in 2024 were negotiated as a part of change order no. 1. Change order no. 2 reflects the increase in costs incurred by the contractor based on actual work performed in 2024. Page 76 of 315 The extension of the final completion date for the project to May 30, 2025 is necessary to install final striping improvements on 215th Street, Cedar Avenue, and County Road 70. Temporary paint striping is currently installed for the Winter of 2024 and final striping will be completed in the Spring when materials are readily available. CONTRACTOR SIGNATURE DATE MAYOR SIGNATURE DATE CONSTRUCTION REPRESENTATIVE SIGNATURE DATE 12-6-24 Page 77 of 315 Date: 12/16/2024 Contracts for 2025 Water Treatment Plant Chemicals Proposed Action Staff recommends adoption of the following motion: Move to approve contracts with Hawkins, Inc. and Carus, LLC. for water treatment chemicals. Overview The Utilities Department solicits bids annually for water treatment plant chemicals. These chemicals include chlorine to provide disinfection of the water distribution system and help oxidation and removal of iron and manganese, potassium orthophosphate to help sequester iron and manganese out of the water and for corrosion protection and hydrofluorosilicic acid (fluoride) to meet State of Minnesota required standards. Sealed bids were opened on December 4, 2024. Three chemical suppliers submitted proposals. Hawkins, Inc. submitted the only proposal for liquid chlorine and hydrofluorosilicic acid (fluoride). Carus, LLC. and Shannon Chemical Corporation each submitted a proposal for potassium orthophosphate only. Carus, LLC. submitted the lowest proposal for potassium orthophosphate and will be awarded a separate contract. Utilities staff recommends the approval of a contract for fluoride and liquid chlorine with Hawkins, Inc. and a contract for potassium orthophosphate with Carus, LLC. Supporting Information 1. Bid Abstract 2. Hawkins Inc. Agreement 3. Carus LLC Agreement Financial Impact: $367,820.00 Budgeted: Yes Source: Water Operating Fund code 7600.7681.6126 Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Grossman, Utilities Supervisor Page 78 of 315 City of Lakeville 2025 Water Treatment Chemical Supply Bid Abstract Awarded on Base Bid Bid Opening: December 4, 2024 10:30a.m. Hawkins Inc.Carus LLC. Shannon Chemical Corporation Line Chemical Quantity Unit Price Total Price Total Price Total 1 Fluoride 82,000 lbs.$0.51 $41,820.00 NO BID NO BID 2 Liquid Chlorine 120,000 lbs.$1.115 $133,800.00 NO BID NO BID 3 Pot. Orthophosphate 310,000 lbs.$0.6419 $198,989.00 $0.62 $192,200.00 $0.824 $255,440.00 Page 79 of 315 Page 80 of 315 Page 81 of 315 Page 82 of 315 Page 83 of 315 Page 84 of 315 Page 85 of 315 Page 86 of 315 Page 87 of 315 CONTRACT FOR SERVICES BETWEEN CITY OF LAKEVILLE AND CARUS, LLC. FOR WATER TREATMENT CHEMICAL SUPPLY THIS AGREEMENT made this 16th day of December 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation, hereinafter referred to as the “City” or “Owner”, and CARUS, LLC., an Illinois Corporation, hereinafter referred to as the “Supplier”. Owner and Supplier, in consideration of the mutual covenants set forth herein, agree as follows: 1. SCOPE OF SERVICES. The scope of services is detailed in the Contract Documents but generally consist of supplying bulk Potassium Orthophosphate to: 18400 Ipava Ave Lakeville, MN 55044. The Supplier agrees to perform the services as detailed in the Contract Documents. 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the "Contract Documents", all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This document entitled “Contract for Services”. B. Instructions to Suppliers C. Technical Specifications D. Supplier’s Completed Bid Form 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 with Contract Document "A" having the first priority and Contract Document "D" having the last priority. 3. OBLIGATIONS OF THE SUPPLIER. The Supplier agrees that the work contemplated by the Contract shall be fully and satisfactorily completed in accordance with the terms of the Contract Documents. 4. CONTRACT PRICE. The City shall pay Supplier 0.62/100 Cents, ($0.62) per pound of Potassium Orthophosphate. 5. PAYMENT. A. The City agrees to pay and the Supplier agrees to receive and accept payment in accordance with the prices as quoted per chemical in the Supplier’s Proposal, which is inclusive of sales tax, as set forth in the completed Proposal Form. Payment to the Supplier shall be made based on pounds of bulk chemical delivered and submission and approval of an invoice. Page 88 of 315 B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Supplier must pay any subcontractor within ten (10) days of the Supplier’s receipt of payment from the City for undisputed services provided by the subcontractor. The Supplier must pay interest of 1½ percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Supplier shall pay the actual penalty due to the subcontractor. 6. INDEMNIFICATION. A. The Supplier shall indemnify, defend and hold harmless the City and its officials, agents, representatives, and employees from any loss, claim, liability and expense (including reasonable attorney’s fees and expenses of litigation) with respect to: (a) Worker’s Compensation benefits payable on account of injury or death to any Supplier employee or to any employee of Supplier’s subcontractors, where the injury or death arises out of or is in any way related to the work performed or to be performed under the Contract; (b) claims for personal injury, death, or property damage or loss asserted by a Supplier or subcontractor or any of their officers, agents, representatives, or employees where the injury, death, damage, or loss arises out of or is in any way related to the work performed or to be performed under the Contract; and (c) claims for personal injury, death, or property damage or loss as asserted by third-parties at the work site, where the claim is based in the whole or in any part on, or is in any way related to, any act or omission by Supplier, or Supplier’s subcontractors, agents, employees or delegates. B. Supplier shall agree that the indemnities stated above shall be construed and applied in favor of indemnification. To the extent permitted by law, the stated indemnities shall apply regardless of any strict liability or negligence attributable to the City and regardless of the extent to which the underlying harm is attributable to the negligence or otherwise wrongful act or omission (including breach of contract) of Supplier, its subcontractors, agents, employees or delegates. Supplier also agrees that if applicable law limits or precludes any aspect of the stated indemnities, then the indemnities will be considered limited only to the extent necessary to comply with that applicable law. The stated indemnities continue until all applicable statutes of limitations have run. C. If a claim arises within the scope of the stated indemnity, the City may require Supplier to furnish a written acceptance of tender of defense and indemnity from Supplier’s insurance company. Supplier will take the action required by City within fifteen (15) days of receiving notice from City. Page 89 of 315 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 Supplier shall constitute a waiver of any right or duty afforded by any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. 8. INSURANCE. Prior to the start of deliveries, Supplier shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Supplier 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 Supplier 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 Supplier or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Supplier’s insurance must be “Primary and Non-Contributory”. Page 90 of 315 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. Supplier’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 Supplier’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 9. TERM. The term of this Contract shall begin on January 1, 2025, and end on December 31, 2025, both dates inclusive, unless sooner terminated as hereinafter provided. 10. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Supplier agree that the Supplier shall furnish any and all supplies, equipment, and incidentals necessary for Supplier’s performance of this Contract. 11. SUPERVISION OF SUPPLIER. The City’s designated supervisor will be the Utilities Superintendent. The Utilities Superintendent, acting on the City’s behalf, shall be responsible for providing communication and direction as to the provision of services by the Supplier under this Contract. The Supplier will contact the City of Lakeville by e-mail as to the supply dates and times they will perform work. Utilities Superintendent’s mailing address is: 20195 Holyoke Avenue, Lakeville, MN 55044; telephone numbers are: (W) 952-985-2741; (C) 952-367-7334 squade@lakevillemn.gov. 12. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right to terminate Supplier at will immediately without cause at any time within the term of this Contract. In the event of such termination, the City shall provide Supplier written notice of termination and upon receipt of same, Supplier shall immediately cease and desist Supplier’s provision of services under this Contract and City shall have no further obligation under this Contract to pay any further compensation to Supplier except for compensation due and owing for services prior to Supplier’s receipts of the written notice of termination. 13. INDEPENDENT CONTRACTOR. City and Supplier agree that Supplier, while engaged in carrying out and complying with the terms and conditions of this Contract and the provision of services thereunder, shall be considered at all times an independent contractor and not an officer, employee, or agent of the City. City and Supplier further agree that Supplier shall not at any time or in any manner represent that Supplier or any of the Supplier’s agents or employees are in any manner agents or employees of the City. City and Supplier further agree that Supplier shall be exclusively responsible under this Contract for Supplier’s own FICA payment, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes or other taxes if any such payments, amounts, or taxes are required to be paid by law or regulations. Page 91 of 315 14. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other correspondence to be provided by or between the City and the Supplier in accordance with this Contract shall be hand delivered or mailed by registered or certified mail to the following address: CITY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Attn: City Administrator SUPPLIER: Carus, LLC. 315 Fifth Street Peru, IL 61354 Attn: Kimberly Mendoza 15. NO ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 16. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any application hereof to any person or circumstances, shall to any extent be invalid or unenforceable, the remainder of this Contract or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be effected hereby and each term and provision of this Contract shall be valid and be enforced to the fullest extent permitted by law. 17. WARRANTY. The Supplier shall be held responsible for any and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. No warranty bond shall be required. 18. DISCRIMINATION. Supplier agrees to comply with Minnesota Statute 181.59 that states: Subsection A. That, in the hiring of common or skilled labor for the performance of any work under any contract, or any subcontract, material Supplier or Contractor, shall, by reason of race, creed, or color, discriminate against the person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which the employment relates; Subsection B. That no material Supplier or Contractor, shall, in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in clause (1) of this section, or on being hired, prevent, or Page 92 of 315 conspire to prevent the person or persons from the performance of work under any contract on account of race, creed, or color; Subsection C. That a violation of this section is a misdemeanor; and Subsection D. That this contract may be canceled or terminated by the state, county, city, town, school board, or any other person authorized to grant the contracts for employment, and all money due, or to become due under the contract, may be forfeited for a second or any subsequent violation of the terms or conditions of this contract. 19. WORK HOURS. Deliveries shall be Monday through Friday between 7:30 a.m. and 2:30 p.m. daily. No deliveries will be accepted on Saturdays, Sundays, and Holidays. 20. MISCELLANEOUS. A. Owner and Supplier each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. B. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Supplier, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. C. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Supplier, relative to this Contract are subject to examination by the City. D. All reports, plans, models, software, diagrams, analyses, and information generated in connection with performance of this Agreement shall be the property of the City. The City may use the information for its purposes. Page 93 of 315 E. Patented devices, materials and processes. If the Contract requires, or the Supplier desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Supplier shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Supplier shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. F. In providing services hereunder, Supplier shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. G. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. H. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. I. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. J. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. K. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. Page 94 of 315 21. BACKGROUND CHECKS. The City must receive from the Supplier and each Supplier’s employee written authorization permitting the City of Lakeville Police Department to perform a criminal history background check and further authorize the Police Department to release the information obtained to the Lakeville City Council, City Administrator and other appropriate employees. The City reserves the right to deny access to City facilities to those Suppliers or Supplier’s employees that it deems inappropriate. CITY OF LAKEVILLE BY: Luke M Hellier, Mayor AND Ann Orlofsky, City Clerk SUPPLIER: ___________________________ BY: (Print Name) Its: Page 95 of 315 Date: 12/16/2024 2025 Community Waste Abatement Grant Agreement with Dakota County Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Dakota County for 2025 Community Waste Abatement Grant Agreement. Overview Dakota County operates a Community Waste Abatement Grant Program to assist cities in operating local recycling and waste reduction programs. The Cities of Apple Valley, Burnsville, Eagan and Lakeville collectively share recycling efforts and responsibilities through a partnership and program named Dakota Valley Recycling (DVR). The City of Burnsville is the lead agency and manages DVR. DVR's 2025 Dakota County Community Waste Abatement Grant Program Application (representing all four participating cities) requests grant funding in the amount of $347,190 with a grant match in the amount of $132,050. The total cost of DVR's 2025 program is $479,240. The City of Lakeville's share of the grant match is paid through providing in-kind services (staff time) and associated events/programs (Watershed Cleanup/Earth Day). Funds are used to develop educational outreach activities and implement programs for residents/businesses that positively promote waste reduction, reuse and recycling. The application and work plan are consistent with Dakota County's solid waste guidelines and recommendations. Supporting Information 1. 2025 Community Waste Abatement Grant Agreement (Dakota County Contract #DCA22274) Financial Impact: $0 Budgeted: Yes Source: Utility Fund - Environmental Resources Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Ann Messerschmidt, Environmental Resources Specialist II Page 96 of 315 Dakota County Contract #DCA22274 2025 Grant Agreement P a g e | 1 of 9 COMMUNITY WASTE ABATEMENT 2025 GRANT AGREEMENT This Community Waste Abatement Grant Agreement (Agreement) is made and entered into by and between the County of Dakota, acting through its Environmental Resources Department (County) and City of Burnsville (the “Grantee”), acting on behalf of itself and for the cities of Apple Valley, Eagan, and Lakeville. WHEREAS, Metropolitan counties are responsible for waste management policy and programs (Minn. Stat. §115A.551); and WHEREAS, Dakota County Solid Waste Ordinance 110 requires each municipality in the County to have a solid waste abatement program that is consistent with the Dakota County Solid Waste Management Plan (Management Plan), formally known as the solid waste master plan ; and WHEREAS; the Management Plan governs all solid waste management in the County (Minn. Stat. § 115A.46); and WHEREAS, municipalities may not develop or implement a solid waste management activity that is inconsistent with the Management Plan (Minn. Stat. § 115A.46); and WHEREAS, the Management Plan supports performance-based funding for municipalities to develop and implement waste abatement programs, education, and outreach; and WHEREAS, by Resolution No. 19-577 (June 18, 2019), the Dakota County Board of Commissioners approved the Community Waste Abatement Grant Program (Grant Program); and WHEREAS, funding amounts for the Grant Program are established by the County Board each year as part of the Environmental Resources Department (Department) budget; and WHEREAS, the cities of Burnsville, Apple Valley, Eagan, and Lakeville have entered into a Joint Powers Agreement under which Burnsville has agreed to perform certain Grant Program activities on behalf of all of the cities; and WHEREAS, the Grantee agrees to perform all activities described in this Agreement and Dakota County Waste Abatement Community Grant Program Exhibit 1 (Guidelines) and Exhibit 2 (Application) to the satisfaction of the County. NOW THEREFORE, in reliance on the above statements and in consideration of the mutual promises and covenants contained in this Agreement, the County and the Grantee agree as follows: AGREEMENT 1. PURPOSE. The purpose of this Agreement is to provide grant funding to the Grantee to implement solid waste abatement activities as described in this Agreement and Exhibits 1 and 2. 2. ELIGIBILITY. The cities of Burnsville, Apple Valley, Eagan, and Lakeville are all eligible municipalities for the purposes of the Grant Program . 3. PARTIES. The parties to this Agreement are the County and Grantee, collectively referred to as the “parties”. 4. TERM. Notwithstanding the dates of signatures of the parties to this Agreement, this Agreement shall commence on January 1, 2025, through December 31, 2025, (grant calendar year) for the purposes of completing activities identified in Exhibit 2 and shall continue until April 1, 2026, for the purpose of reimbursement, unless earlier terminated by law or according to the provisions of this Agreement. 5. GRANTEE OBLIGATIONS. The Grantee shall: A. Develop, implement, and operate a local comprehensive landfill abatement program that complies with the Management Plan, Dakota County Solid Waste Ordinance 110, this Agreement, and Exhibits 1 and 2. B. Fulfill all responsibilities for Base and, if applicable, for Supplemental Funding as outlined in Exhibit 1. C. Report time, expense, and performance pursuant to responsibilities set forth in this Agreement using County report forms (Exhibit 2) and additional agreed-upon reporting tools provided by the County Liaison. Page 97 of 315 Dakota County Contract #DCA22274 2025 Grant Agreement P a g e | 2 of 9 6. ELIGIBLE AND INELIGIBLE EXPENSES. Grantee may use allocated funds only on eligible items as identified in Exhibit 1 and completed within the grant calendar year of this Agreement. Other waste abatement expenses may be eligible with prior written approval from the County Liaison. 7. FUNDING AMOUNT. Grantees receive performance-based funding in part from a pass-through grant from the State. Funding amounts are contingent upon available State and County funds, and reflect the funding levels approved by the County Board as part of the annual budget. Base Funding is allocated for administration, residential communications, municipal facilities/parks verification and employee education, and special collections. Optional Supplemental Funding is allocated for multifamily recycling, additional special collections, reduce/reuse activities, in- person education, event recycling/organics collection, and to meet funding gaps in eligible grant categories. The allocated funding for the Grantee, shall be in the total amount not to exceed $347,190.00 (the “Funding Amount”), as set forth in Exhibit 2. 8. FUNDING MATCH. Grantee shall provide a 25% match of the total reimbursed grant funding amount through a cash match, in-kind contribution, or combination thereof, to pay for any new or ongoing activities that are instituted by the grant (i.e., any eligible expenses, whether new or ongoing). 9. FISCAL AGENT. Pursuant to the cities’ Joint Powers Agreement, Burnsville acknowledges that it shall act as Fiscal Agent for the cities for purposes of receiving the Funding Amount, performing the landfill abatement program activities identified in Exhibit 2 and otherwise complying with the terms of this Agreement. The cities of Apple Valley, Eagan, and Lakeville will sign this Agreement for purposes of accepting Burnsville’s designation of Fiscal Agent to act on the cities’ behalf for purposes of the Grant Program, but shall not be considered parties to this Agreement. 10. FUNDING SOURCE ACKNOWLEDGEMENT. Grantee shall provide funding source credit on all print materials, written as: Partially funded by Dakota County and the Minnesota Pollution Control Agency. 11. RECORDS. The Grantee shall maintain financial and other records and accounts in accordance with requirements of the County and the State of Minnesota. The Grantee shall manage funds in a dedicated bank account, maintain strict accountability of all funds and maintain records of all receipts and disbursements. Such records and accounts shall be maintained in a form which will permit the tracing of funds and program income to final expenditure. All records and accounts shall be retained as provided by law, but in no event for a period of less than five years from the last receipt of payment from the County pursuant to this Agreement. 12. PERFORMANCE REPORTING AND REIMBURSEMENT. Grantees shall report performance of responsibilities set forth in this Agreement and Exhibits 1 and 2 on a report form provided by the County. Grantees may request reimbursement for eligible expenses, less revenues or other funds received, incurred in connection with the performance of activities in accordance with this Agreement and Exhibits 1 and 2 on a reimbursement form provided by the County. Reimbursement requests must be submitted to the County Liaison by July 15 of the grant calend ar year and by January 15 following the grant calendar year. The Grantee must certify that the requested reimbursements are accurate, appropriate and eligible in accordance with this Agreement, that the Grantee has submitted complete documentation of the actual expenditures for which reimbursement is sought, and that such expenditures have not been otherwise reimbursed. Reimbursement requests must be supported by documentation such as vendor invoices , receipts, or detailed financial reports produced using municipal accounting software, itemizing all expenses related to the grant, including salary and benefits. Any reimbursement request for multiple municipalities must separately itemize the request for reimbursement for each individual municipality. Reimbursement request payment will not be made for activities with incomplete documentation. Complete reimbursement requests are reviewed by the County Liaison. Payment for approved reimbursement requests will be made to the Grantee within 30 calendar days of approved reimbursement request submissions. Reimbursements will be made for approved expenditures incurred within the grant calendar year. No reimbursements will be made for reimbursement requests received after February 15 following the grant calendar year. 13. FAILURE TO PERFORM. Upon review of each Grantee report, the County Liaison will notify the Grantee in writing of any unsatisfactory performance. Reimbursements will be authorized only for activities performed to the satisfaction of the County within the terms of this Agreement. 14. AMENDMENTS. The Dakota County Environmental Resources Director (Director) shall have the authority to approve in writing modifications to the Funding Amount as requested by the Grantee, as long as the modification does not exceed the total Funding Amount identified in Section 7 and so long as the proposed modifications are consistent with Page 98 of 315 Dakota County Contract #DCA22274 2025 Grant Agreement P a g e | 3 of 9 the Agreement and Exhibits 1 and 2. The County Liaison shall have the authority to approve in writing modifications to the Application activities and related expenses identified in Exhibit 2 up to the Funding Amount, as requested by the Grantee, so long as the proposed modifications are consistent with the Program Guidelines (Exhibit 1) and this Agreement. 15. PROPERTY. Upon termination of this Agreement or unless otherwise specified, any eligible infrastructure purchased by the Grantee or by the County and provided to the Grantee to fulfill Grant obligations shall be the sole property of the Grantee. 16. INDEMNIFICATION. Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the County and Grantee. The provisions of this section shall survive the expiration or termination of this Agreement. 17. AUTHORIZED REPRESENTATIVES: The following named persons are designated as the Authorized Representatives of the Parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the Authorized Representa tives shall have only the authority specifically granted by their respective governing boards. The parties shall provide written notification to each other of any change to the Authorized Representative. Notice required to be provided pursuant this Agreeme nt shall be provided to the following named persons and addresses unless otherwise stated in this Agreement, or in a modification of this Agreement. TO THE COUNTY TO THE GRANTEE Nikki Stewart, or successor, Director Elizabeth Kautz, or successor, Mayor Environmental Resources Department 14955 Galaxie Avenue City of Burnsville 100 Civic Center Parkway Apple Valley, MN 55124 Burnsville, MN 55337 18. LIAISONS. To assist the parties in the day-to-day performance of this Agreement, to ensure compliance, and provide ongoing consultation, a liaison shall be designated by the County and the Grantee. The County and the Grantee shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: COUNTY LIAISON GRANTEE LIAISON Gena Gerard Jackson Becker Senior Environmental Specialist Environmental Specialist 952-891-7021 952-895-4511 gena.gerard@co.dakota.mn.us Jackson.Becker@burnsvillemn.gov 19. TERMINATION, GENERAL. Either party may terminate this Agreement for cause by giving seven days’ w ritten notice or without cause by giving thirty (30) days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. Notice of Termination shall be made by certified mail or personal delivery to the Authorized Representative of the other party. In addition, notification to the County or the Grantee regarding termination of this Agreement by the other party shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 20. TERMINATION BY COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding source , or if its funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Written notice of termination sent by the County to the Grantee by email or facsimile is sufficient notice under this section. The County is not obligated to pay for any activities that are provided after written notice of termination for lack of funding. The County will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. Page 99 of 315 Dakota County Contract #DCA22274 2025 Grant Agreement P a g e | 4 of 9 21. USE OF CONTRACTORS. The Grantee may engage contractors to perform activities funded pursuant to this Agreement. However, the Grantee retains primary responsibility to the County for performance of the activities and the use of such contractors does not relieve the Grantee from any of its obligations under this Agreement. If the Grantee engages any contractors to perform any part of the activities, the Grantee agrees that the contract for such services shall include the following provisions: A. The contractor must maintain all records and provide all reporting as required by this Agreement. B. The contractor must defend, indemnify, and hold harmless and save the County from all claims, suits, demands, damages, judgments, costs, interest, and expenses arising out of or by reason of the performance of the contracted work, caused in whole or in part by any negligent act or omission of the contractor, including negligent acts or omissions of its employees, subcontractors, or anyone for whose acts any of them may be liable. C. The contractor must provide and maintain insurance through the term of this Agreement in amounts and types of coverage as set forth in the Insurance Terms, which is attached an d incorporated as Exhibit 3, and provide to the County, prior to commencement of the contracted work, a certificate of insurance evidencing such insurance coverage. D. The contractor must be an independent contractor for the purposes of completing the contracted work. E. The contractor must acknowledge that the contract between the Grantee and the contractor does not create any contractual relationship between County and the contractor. F. The contractor shall perform and complete the activities in full compliance with this Agreement and all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the activities. G. The contractor must use County toolkits (i.e., text, content, images) and follow the County’s Waste Abatement Education and Outreach Style Guide to provide standardized messaging. 22. EMPLOYEES OF PARTIES. Any and all persons engaged in administrating the Grant Program for the County shall not be considered employees of the Grantee, for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omissi on on the part of said employees while so engaged shall not be the obligation or responsibility of the Grantee. Any and all persons engaged in the work to be performed by the Grantee arising from this Agreement shall not be considered employees of the County for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the Grantee’s employees while so engaged on any of the work arising from this Agreement shall not be the obligation or responsibility of the County. Nothing contained in this Agreement is in tended or should be construed as creating or establishing the relationship of partners or joint ventures between the County and the Grantee, nor shall the County be considered or deemed an agent or representative of the Grantee and the Grantee shall not be deemed an agent or representative of the County. 23. COMPLIANCE WITH LAWS/STANDARDS. The County and Grantee agree to abide by all federal, state or local laws, statutes, ordinances, rules and regulations now in effect or hereafter adopted pertaining to this Agreement or to the facilities, programs and staff for which either party is responsible, including but not limited to Minn. Stat. § 115A, which requires cities to collect recyclable materials at all facilities under their control, where ver trash is collected, and to transfer the recyclable materials to a recycler. 24. EXCUSED DEFAULT – FORCE MAJEURE. Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable ac ts or events outside the defaulting party's reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war, fire, flood, epidemic, acts of civil or mil itary authority, and natural disasters. Page 100 of 315 Dakota County Contract #DCA22274 2025 Grant Agreement P a g e | 5 of 9 25. CONTRACT RIGHTS CUMULATIVE NOT EXCLUSIVE. A. In General. All remedies available to either party for breach of this Agreement are cumulative and may be exercised concurrently or separately, and the exercise of any one remedy shall not be deemed an election of such remedy to the exclusion of other remedies. The rights and remedies provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. B. Waiver. Any waiver is only valid when reduced to writing, specifically identified as a waiver, and signed by the waiving party’s Authorized Representative. A waiver is not an amendment to the Contract. The County ’s failure to enforce any provision of this Contract does not waive the provision or the County’s right to enforce it. 26. RECORDS RETENTION AND AUDITS. Each party’s bonds, records, documents, papers, accounting procedures and practices, and other records relevant to this Agreement are subject to the examination, duplication, transcription and audit by the other party, the Legislative Auditor or State Auditor under Minn. Stat. § 16C.05, subd. 5. If any funds provided under this Agreement use federal funds these records are also subject to review by the Comptroller General of the United States and his or her approved representative. Following termination of this Agreement, the parties must keep these records for at least six years or longer if any audit-in-progress needs a longer retention time. 27. MODIFICATIONS. Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing and signed by the authorized representatives of the C ounty and Grantee. 28. ASSIGNMENT. Neither party may assign any of its rights under this Agreement without the prior written consent of the other party. Consent under this section may be subject to conditions. 29. GOVERNMENT DATA PRACTICES. For purposes of this Agreement, all data on individuals collected, created, received, maintained or disseminated shall be administered consistent with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13. 30. MINNESOTA LAW TO GOVERN. This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in Dakota County, Minnesota or U.S. District Court, District of Minnesota. The provisions of this section shall survive the expiration or termination of this Agreement. 31. MERGER. This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. There are no representations, warranties, or provisions, either oral or written, not contained herein. 32. SEVERABILITY. The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substant ially impair the value of the entire Agreement with respect to either party. 33. ELECTRONIC SIGNATURES. Each party agrees that the electronic signatures of the parties included in this Contract are intended to authenticate this writing and to have the same force and effect as wet ink signatures. Signature pages follow. Page 101 of 315 Dakota County Contract #DCA22274 2025 Grant Agreement P a g e | 6 of 9 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date(s) indicated below. FOR DAKOTA COUNTY (I represent and warrant that I am authorized to execute this contract on behalf of Dakota County.) By: _____________________________________ Nikki Stewart, Director Environmental Resources Department Date of signature:__________________________ APPROVED AS TO FORM: /s/ Tim Sime 11/26/2024 Assistant County Attorney/Date KS-24-760 Dakota County Contract #DCA22274 County Board Res. No. 19-577 CITY OF BURNSVILLE (I represent and warrant that I am authorized by law to execute this contract and legally bind the Grantee.) By: _____________________________________ Signature line Printed Name:_______________________ Title: ______________________________ Telephone:_________________________ Date of signature:_______________________ Page 102 of 315 1 Dakota County Community Waste Abatement Grant Program 2025 Guidelines I.Grant Overview A.Municipalities in Dakota County have responsibilities to establish and maintain comprehensive local waste abatement programs to support implementation of the Solid Waste Management Plan. Dakota County provides educational, financial, and technical assistance to municipal governments to aid local waste abatement programs. The Dakota County Community Waste Abatement Grant Program (Program) assists municipalities with waste abatement expenses. II.Grant Eligibility A.Dakota County municipalities are eligible for the Program, excluding Dakota County townships and the cities of Coates, Empire, Hampton, Miesville, New Trier, Randolph and Vermillion. B.Municipalities with fewer than 1,000 households are eligible for limited funding in specific categories. C.To be eligible for Municipal Facilities Verification and Education funding, municipality must have at least one municipal facility to verify or at least one employee to educate, other than the municipal Liaison. D.To be eligible for Multifamily Recycling funding, municipality must have multifamily housing. III.Grant Funding Allocation and Match A.Funding amounts are determined annually by the County Board of Commissioners. B.Base Funding: Base Funding is allocated for required grant activities, including administration, residential communications, municipal facilities/parks verification and employee education, and special collections. C.Supplemental Funding: Optional Supplemental Funding is allocated for multifamily recycling, additional special collections, reduce/reuse activities, in-person education, event recycling, and gap funding. D.Matching Funds: Cities must provide a 25% match of the total reimbursed grant funding amount (Base Funding plus Supplemental Funding) through a cash match, in-kind contribution, or combination thereof, to pay for any activities that are instituted by the grant (i.e., any eligible expenses, whether new or ongoing). Any expenses that are not listed in the Guidelines as Eligible Expenses are ineligible for matching funds unless pre-approved by the County Liaison. E.Fund Eligibility Limits and Flexibility: a fund allocation maximum is set for each Base and Supplemental Funding grant category to align funding levels with Solid Waste Management Plan Dakota County Contract #DCA22274 Exhibit 1 - Page 1 of 15 Page 103 of 315 2 priorities, diversion potential, and other criteria, as defined in the Fund Allocation document. Fund allocations may be adjusted from one category to another, up to 10% per category, while not exceeding the total fund allocation for a given year, with prior written approval from the County Liaison. IV. Grant Application Instructions A. Conduct a planning process with city staff and others who will be responsible for coordination and implementation, to collectively determine which activities are feasible, realistic, and achievable. B. Complete all pages of the Application, excluding shaded areas for reporting. C. Use whole numbers for hours included in Cost Basis Calculations. D. If multiple municipalities submit one Application, the Application must itemize descriptions, costs, and funding requests for each municipality. Insert additional rows as needed. E. Submit Application by October 1, 2024 to Dakota County for review. Email to: gena.gerard@co.dakota.mn.us. F. Finalize Application and collect signature of authorized representative. G. Submit signed Application to Dakota County for approval. Email to: gena.gerard@co.dakota.mn.us. H. Obtain Grant Agreement from Dakota County. I. Execute Grant Agreement. V. Funding Requests Part 1: Base Funding Request (Required) 1. Grant Administration Minimum Grant Requirements A. Fulfill responsibilities necessary for effective grant administration and demonstrate performance of waste abatement programs. B. Identify and ensure new municipal Liaison(s) is properly trained to fulfill responsibilities by attending the Dakota County Recycling Ambassador course as approved by the County Liaison. C. Participate in solid waste management training including, at minimum, the annual RAM/SWANA conference, Association of Recycling Managers (ARM) regional meetings, and annual ARM workshop, to support effective implementation of responsibilities. Dakota County Contract #DCA22274 Exhibit 1 - Page 2 of 15 Page 104 of 315 3 D. Ensure municipal Liaison(s) attends the six Program meetings hosted by the County Liaison. E. Refer businesses, schools, multifamily properties, and other organizations to County Program Managers to coordinate all requests for resources (e.g., education, containers, labels). F. Provide reasonable support to implement the Solid Waste Management Plan, including but not limited to: 1. Participate in the Solid Waste Management Plan revision process (e.g., attend city meetings or other engagement methods for municipalities). 2. Participate in County meetings to coordinate event and multifamily programming related to County Ordinance 110, if requested. 3. Optional: Participate in the annual RAM compost bin sale. G. Maintain current waste management information on the municipal website: 1. Describe city solid waste collection requirements for haulers (i.e., licensing requirements) and hauler collection information (e.g., allowable collection days and time of day) for residents and commercial generators 2. Describe city solid waste collection requirements for generators, including commercial generators, events, and multifamily properties; 3. Post the County’s standardized messages for residential recycling materials (i.e., the yes/no “what to recycle” list); and 4. Coordinate with County staff for municipal website content and links to Dakota County website pages (e.g., Dakota County Recycling Requirements, the Recycling Guide, The Recycling Zone, Residential Recycling, Business Recycling, Multifamily Recycling, School Recycling, Event Recycling, Reuse Map, Environmental Education Resources, backyard composting, tree care, and wood waste disposal). H. Demonstrate Program compliance and waste abatement metrics in mid-year and final reports that include information for all Base and Supplemental funded projects, as described in Reporting and Reimbursement below. I. Submit reimbursement requests by County deadlines with substantiating documentation, as described in Reporting and Reimbursement below. Eligible Expenses A. Salary, benefits, and mileage of municipal personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities. B. Solid waste training and professional memberships to support effective implementation of Base Funding or Supplemental Funding activities. C. Outreach media usage fees (e.g., advertisements, videos, billboards, radio, theater, television, e- news, and social media) for RAM compost bin sale. D. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. Dakota County Contract #DCA22274 Exhibit 1 - Page 3 of 15 Page 105 of 315 4 2. Residential Communications Minimum Grant Requirements A. Provide County standardized articles with images to all residents of single-family and multifamily dwellings in municipality-mailed newsletters on each of the following topics, with full pages preferred and a half page required at a minimum: 1. Home recycling; 2. Residential services at the Recycling Zone; 3. Residential food scraps drop-off sites or food waste prevention (select 1); and 4. Local reduce/reuse opportunities for residents. B. Promote County-developed electronic media messages (e.g., website, social media, e-news) about solid waste and household hazardous waste management, including but not limited to all priority waste abatement topics listed in section A above, using County messaging. C. Serve as a resource to residents on waste abatement-related inquiries (e.g., email, phone). D. Provide funding source credit on all print materials, written as: Partially funded by Dakota County and the Minnesota Pollution Control Agency. E. Submit written residential waste abatement information to County Liaison for review at least five business days before printing. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities. B. Percentage of cost for design, production, and postage for municipality newsletter devoted to waste abatement articles on topics listed in Requirements above using County standardized messaging articles and images, or to mail County waste abatement materials to new residents in coordination with the County. C. Outreach media usage fees (e.g., advertisements, videos, billboards, radio, theater, television, e- news, and social media) for waste abatement standardized messaging. D. Consultant/contract services or stipend for an organization or group to provide assistance. E. Translation services if approved in advance by County Liaison. F. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 3. Municipal Facilities/Parks Verification and Education Minimum Grant Requirements Dakota County Contract #DCA22274 Exhibit 1 - Page 4 of 15 Page 106 of 315 5 A. Provide monitoring and verification of recycling requirements and best waste management practices at least once annually, by visually inspecting and reporting on status of compliance with Dakota County Ordinance 110 using the Municipal Facilities Recycling Tool or another tool provided by Dakota County, to verify recycling programs for facilities under the municipality’s control collect the Designated List of Recyclables wherever trash is collected and follow best waste management practices. B. Provide County standardized solid waste abatement messaging about recycling in municipal buildings, in print or electronic format, to each municipal employee, volunteer, tenant, and custodial/housekeeping staff annually, and other people responsible for sorting, collecting, or transporting waste to external carts or dumpsters, within 30 days of a new hire or new tenant, and within 30 days of a substantive change to your recycling or waste program. C. Conduct in-person training on Ordinance 110 requirements with city personnel who are responsible for (a) recycling container placement and monitoring on city property, (b) emptying trash, recycling, and organics (if collected) containers on city property, (c) handling event permits or facility rental applications, and (d) staffing events subject to Ordinance 110. D. Optional: Add waste abatement infrastructure (i.e., recycling and organics containers and labels or signage) in municipality-controlled facilities, including parks, where containers are needed and have not yet been placed, (i.e., replacing existing containers is an ineligible expense), to implement best waste management practices in collaboration with parks and facilities staff as follows: 1. Paired: All trash containers are paired with recycling containers (within 10 feet of each other). 2. Color-coded: All new containers and lids are blue for recycling, green for organics, and grey or black for trash and are made from recycled-content materials. New multistream containers are blue for recycling and gray or black for trash. 3. Signage: All containers have color-coded labels on the top and visible sides of the container. Labels on sides of containers meet County label standards. For indoor containers, lids have color-coded labels on both ends, facing opposite directions. 4. Convenient: All containers are strategically and conveniently located to serve employees and visitors. 5. Appropriate lids: All containers have lids with openings appropriate for the collected material. Recycling container lids have Saturn-shaped or circle-shaped openings. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities. B. Copying and printing waste abatement education materials for municipal employees and vendors, such as signs, trainings and mass communication using County messaging standards. C. Consultant/contract services or stipend for an organization or group to provide assistance. D. Fees for MRF tours to educate municipal employees about their local recycling system. Dakota County Contract #DCA22274 Exhibit 1 - Page 5 of 15 Page 107 of 315 6 E. Recycling containers, organics containers, multi-stream (entryways only) containers, and labels/signage necessary to fulfill Requirements described above, with preferred use of County staff- recommended recycling receptacle options, or other receptacles as approved by the County Liaison for special circumstances. F. Trash receptacles are only eligible as part of a multi-stream container (i.e., the Program does not fund stand-alone trash containers). G. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 4. Special Collections Minimum Grant Requirements A. Implement one or more drop-off events, discounts, curbside collections, permanent drop-off collection sites, or combination thereof to collect specific traditional and non-traditional solid waste materials from residents for reuse or recycling. B. Collect all of the following materials from residents for reuse, recycling, or organics composting, with reuse required if reuse outlets are available: 1. Confidential paper for shredding 2. Mattresses and box springs 3. Pumpkins C. The following optional materials may also be collected from residents for reuse or recycling, with reuse required if reuse outlets are available: 1. Bicycles 2. Cardboard 3. CFLs 4. Furniture 5. Holiday lights 6. Scrap metal 7. Shoes 8. Athletic gear 9. Other materials as pre-approved by the County Liaison (e.g., building materials, textiles, film plastic/plastic bags). D. Ensure special collection opportunities are conveniently located and scheduled for every collection in Item B, with an independent collection opportunity for each municipality having 1,000 households or more; a municipality with fewer than 1,000 households may coordinate with a neighboring municipality for co-collection. Dakota County Contract #DCA22274 Exhibit 1 - Page 6 of 15 Page 108 of 315 7 E. Obtain confirmation that collected materials are delivered to a reuse location or to a licensed recycling/organics facility, or to another facility approved by the County Liaison. F. Request and report weights, cubic yards, or number of units for each material collected, as specified on the County reporting tool. G. Promote special collection opportunities to all single-family and multifamily residents using County messaging standards, telling residents how materials will be managed. H. Submit promotional communications to County Liaison for review at least three business days before publication. I. Coordinate collections with County liaison to prevent duplication of effort, conflicting messages, pricing conflicts, and competition for resident participation. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities (i.e., for collection of materials listed above). B. Vendor services, less resident fees, to collect materials listed above at a residential drop-off day or event with confirmed delivery to a reuse, recycling, or organics facility. C. Vendor services, less resident fees, to collect materials listed above at a permanent residential collection drop-off site or curbside collection, with confirmed delivery to a reuse, recycling, or organics facility. D. Print media copying/printing to promote special collection opportunities and permanent drop-off sites to residents (e.g., posters, flyers, signs) using County messaging standards. E. Fees for advertisements, videos, radio, television, e-news, and social media to promote collections, using County messaging standards. F. Consultant/contract services or stipend for an organization or group to provide assistance. G. Safety vests, work gloves, and other protective equipment for volunteers working on collections for materials listed above. H. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. Part 2: Supplemental Funding Request (Optional) 5. Multifamily Recycling Minimum Grant Requirements Dakota County Contract #DCA22274 Exhibit 1 - Page 7 of 15 Page 109 of 315 8 A. Conduct all of the following activities: 1. Coordinate with the County Liaison to develop or strengthen multifamily points of contact (“touchpoints” such as business license renewals, rental license renewals, rental inspections, fire inspections, and property manager meetings), consistent with city codes and County Ordinance 110. 2. Maintain an inventory of all multifamily properties in the municipality, updated annually, and provide a copy to Dakota County. 3. Send an annual mailing about recycling resources to property managers and owners of apartments, condominiums, townhomes, and independent senior living, in coordination with County staff. 4. Identify, strengthen, or both, municipal planning and construction procedures to support recycling and organics as appropriate in new or remodeled buildings (e.g., internal chutes; adequate internal and external space). 5. Work with County Liaison to identify and provide technical assistance for multifamily properties enrolled in the Dakota County Multifamily Recycling Program to implement best waste management practices by: a. First attending technical assistance training provided by County Liaison; b. Promoting the program to engage new participants through strategic outreach; c. Providing on-site needs assessments to systematically evaluate and document opportunities to enhance recycling and waste prevention, and to meet best practices, using County materials; d. Using needs assessments to complete applications for the program in collaboration with property managers to request County-supplied containers, labels, signage, education materials, staff and resident education as needed, and other technical assistance; e. Implementing approved plans in coordination with property managers, haulers, County staff, and other partners; f. Providing targeted on-site employee and resident education about recycling and waste prevention, including the recycling system within the building, in partnership with the County Liaison, using County messaging standards; g. Providing ongoing support to sustain recycling efforts by contacting past program participants to offer additional education materials, staff and resident education as needed, and other technical assistance; h. Promoting reuse and bulky waste collection opportunities for multifamily tenants at move-in/move-out; i. Collaborating with the County Liaison for culturally specific needs such as translation and interpretation; j. Following all program protocols for outreach and technical assistance, best waste management practices, and education, using County messaging standards; and k. Tracking and reporting on outcomes for each participating property, using forms or tools provided by the County Liaison. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities. B. Consultant/contract services or stipend for an organization or group to provide assistance. Dakota County Contract #DCA22274 Exhibit 1 - Page 8 of 15 Page 110 of 315 9 C. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 6. Reduce/Reuse Activities Minimum Grant Requirements A. Provide annual updates to the County’s online Dakota County Reduce & Reuse Map. B. Implement any of the following activities: 1. Promote existing opportunities and services for residents to reuse household items such as furniture and building materials. 2. Prioritize reusable dishware (e.g., washable baskets, cups) in place of single-use products at permanent facilities that are city-owned, by purchasing durable dishware and a dishwasher to wash dishware on site. 3. Prioritize reusable dishware (e.g., washable baskets, cups) in place of single-use products at outdoor community events held on city property, with anticipated attendance of 300 or more people, by contracting with vendors that offer reusable products and services for events (e.g., washing on site or off site). 4. Host and/or promote residential swap events or city-wide garage sales, prioritizing materials with insufficient options for reuse or exchange through existing retail, community-based, or online platforms; obtain and report weights for each material collected at swap events; and ensure that usable items that are not swapped are donated after the event, to the extent possible; 5. Provide staff support at County Fix-It Clinics. 6. Host residential reduce, reuse, or repair education classes on topic(s) identified in consultation with County liaison using County messaging, ensuring all hired educators are approved in advance by Dakota County, and reporting on outcomes by monitoring presentation attendance (e.g., sign-in sheet or head count), online webinar attendance (e.g., number of people who log on), booth interactions (e.g., clicker or tally sheet), and game interactions (e.g., clicker or tally sheet). 7. Coordinate with a local repair business to host a repair event or to offer coupon discounts in coordination with County Liaison. 8. Facilitate changes to municipality codes, policies, and practices that are barriers to reuse (e.g., clothing drop box prohibitions, rental companies, and secondhand stores). 9. Facilitate changes to internal policies and practices to promote waste reduction, reuse, and recycling of municipal supplies and equipment through any of the following: a. Facilitate changes to increase recycled content in products purchased by the city (in accordance with Minn. Stat. § 16C.073). b. Identify existing city policies and administrative practices for copy paper purchases in internal operations. c. Facilitate revisions to policies and practices to purchase at least 30% post-consumer recycled content copy paper. 10. Initiate a paper printing reduction initiative. 11. Provide transportation for residents to participate in reduce/reuse activities (e.g., seniors); 12. Other as approved by County Liaison. Dakota County Contract #DCA22274 Exhibit 1 - Page 9 of 15 Page 111 of 315 10 Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities described in Requirements above). B. Vendor services, less resident fees, to collect materials listed above at a residential drop-off day or event with confirmed delivery to a reuse, recycling, or organics facility. C. Vendor services, less resident fees, to collect materials listed above at a permanent residential collection drop-off site or curbside collection, with confirmed delivery to a reuse, recycling, or organics facility. D. Print media copying/printing to promote reduce/reuse activities, special collection opportunities and permanent drop-off sites to residents (e.g., posters, flyers, signs) using County messaging standards. E. Reuse training and professional memberships to support effective implementation of Reduce/Reuse activities. F. Fees for County-approved professional educators and performers who help implement required education activities on topics listed above and comply with County messaging standards. G. Fees for advertisements, videos, radio, television, e-news, and social media to promote collections using County messaging standards. H. Translation services if approved in advance by County Liaison. I. Consultant/contract services or stipend for an organization or group to provide assistance. J. Reduce/reuse activity expenses with prior written approval (e.g., start-up supplies). K. Washable dishware to replace single-use products, as described in grant requirements above. L. Dishwashing equipment for washable dishware, including carts and racks; must be Energy Star qualified. M. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. 7. In-Person Education Minimum Grant Requirements A. Provide in-person waste abatement education for adults and youth through instructional classes, presentations, or activities at booths, events, or gatherings to educate 1% or more of the municipality’s population through face-to-face verbal interactions, on one to two of the following topics per activity: Dakota County Contract #DCA22274 Exhibit 1 - Page 10 of 15 Page 112 of 315 11 1. Home recycling (required) 2. Residential organics drop site(s) (optional) 3. Residential services at the Recycling Zone (optional) 4. Local reduce/reuse opportunities for residents (e.g., classes about simple mending, donation/downsizing with County messaging on proper disposal) (optional) B. Ensure all staff and volunteers who implement In-Person Education activities are properly trained to fulfill responsibilities by attending the Dakota County Recycling Ambassador course. C. Ensure all professional educators who implement In-Person Education activities are approved in advance by Dakota County. D. Use County materials for promotional and distribution handouts. E. Use display and education materials provided by County Liaison and track planned education activities in County tool. F. If conducting virtual education, provide a live format with interactive opportunities (i.e., no pre- recorded videos). G. Use messaging standards on County website for verbal education or have County Liaison review messaging. H. Coordinate with County Liaison for any education requests in schools, businesses, and multifamily residences. I. Track and report number of people educated in person by monitoring presentation participation (e.g., sign-in sheet or head count), online webinar participation (e.g., number of people who log on), verbal booth interactions (e.g., clicker or tally sheet), and game interactions (e.g., clicker or tally sheet). Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities (i.e., only activities described in Requirements above; does not include brochure distribution, or any activities lacking an educational face-to-face interaction and direct learning experience). B. Printing or copying of promotional or distribution pieces (e.g., posters, flyers, guides) complying with County messaging standards and approved in advance by County Liaison, if not duplicative of existing County publications. C. Event, booth, and room rental fees. D. Fees for County-approved professional educators and performers who help implement required education activities on topics listed above and comply with County messaging standards. Dakota County Contract #DCA22274 Exhibit 1 - Page 11 of 15 Page 113 of 315 12 E. County-approved promotional items or professional services up to $500 in value that create minimal waste and engage residents in education activities described above. F. Consultant/contract services or stipend for an individual, organization or group to provide assistance. G. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 8. Event Recycling and Organics Collection Minimum Grant Requirements A. Implement recycling, back-of house organics (food scraps) collection, or both, at events, tournaments, and festivals held on city property or on private property outdoors. 1. Contact and assist event coordinators to plan and implement recycling collection, back-of- house organics collection, or both. 2. Provide temporary containers, proper bags, signage, hauler services for collection, and as appropriate, recruit waste station staffing. a. Optional: Implement a 24/7 accessible checkout system (e.g., locker storage). 3. Assist with applying best waste management practices for standardized messaging to vendors, volunteers, and custodial staff; labeling an appropriate number of co-located recycling and trash containers in strategic locations to prevent overflow; and confirming delivery to a licensed/permitted facility. 4. For recyclables collection, prioritize events on public property that generate at least one ton (8 cy) of trash (e.g., community events, athletic tournaments, fairs, markets, concerts, etc.) 5. For organics collection, prioritize events of at least 300 people that generate back-of-house organics and at least one ton (8 cy) of trash. 6. Obtain confirmation that collected materials are delivered to a licensed or otherwise approved recycling/organics facility if grant funds are being used for hauling services at city events. 7. Coordinate with the County Liaison to develop or update municipal permits and agreements to require recycling/back-of-house organics with best waste management practices at events, tournaments, and festivals (e.g., event permit, event vendor agreement, facility rental agreement, event hauler agreement), consistent with city codes and County Ordinance 110. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working on the planning, implementing, promoting, and reporting of eligible activities. B. X-frame containers, grabbers, green 5-gallon buckets, signage, X-Frame bags for recyclables and organics, promotion and other materials necessary for successful project implementation at events. Purchased assets are the property of the city for use at events. Dakota County Contract #DCA22274 Exhibit 1 - Page 12 of 15 Page 114 of 315 13 C. Recycling/organics hauling services of collected materials from city events, tournaments, and festivals, with confirmed delivery to a licensed recycling/composting facility, or to another facility approved by the County Liaison. D. Consultant/contract services or stipend for an organization or group to provide assistance, prioritizing large events. E. Other expenses to administer grant-funded activities, with prior written approval from the County Liaison. 9. Gap Funding Minimum Grant Requirements A. Complete, or make progress toward completing, one or more waste abatement projects included in eligible grant categories above, for which additional funding is needed, with first priority given to filling funding gaps in Base Funding categories, second priority given to filling gaps in Supplemental Funding categories, and third priority given to conducting waste abatement activities that are not included in Base Funding or Supplemental Funding, with prior written County liaison approval. Eligible Expenses A. Salary, benefits, and mileage for municipality personnel, full-time and temporary, while working directly on the planning, implementing, promoting, and reporting of eligible activities. B. Expenses for completion of projects that are eligible, as defined in Grant Requirements and Eligible Expenses sections above. C. Other expenses to administer grant-funded activities with prior written approval from the County Liaison. VI. Ineligible Expenses The following expenses are ineligible for funding: A. Expenses that are not specified as an eligible expense above, unless written approval has been obtained from the County Liaison. B. Expenses related to non-waste abatement waste issues (e.g., energy, water, sustainability). C. Expenses related to land disposal of materials, and collection and management of banned materials, trash, hazardous and household hazardous waste and business waste, unless specifically identified above (e.g., residential compact fluorescent bulb collection, multi-stream containers). D. Expenses related to city code amendments and enforcement (e.g., code compliance administration, inspections). Dakota County Contract #DCA22274 Exhibit 1 - Page 13 of 15 Page 115 of 315 14 E. Municipality-generated waste management. F. Food or refreshments unless approved by the County Liaison as compliant with Dakota County Policy 2740. G. Design/print of education and communications print materials not described above, unless prior written approval has been obtained from the County Liaison. H. Out-of-state meals, travel, and lodging. I. Office supplies and equipment including phone charges, website host fees, and consultant fees. J. Installation and labor costs related to equipment purchase, service costs or plans such as extended warranties, and replacement of existing equipment such as dishwashers, refrigerators/freezers, and water filling stations. K. Extended leave, defined as a formal leave of absence for a special circumstance (e.g., childbirth, caring for an ill family member, health condition, military leave) approved by the city, for voluntary or mandatory (e.g., performance) reasons. VII. Reporting and Reimbursement Grant Requirements A. By July 15, 2025, municipality shall submit a mid-year report and reimbursement request form for the first six months of 2025, on forms provided by the County Liaison. B. By January 15, 2026, municipality shall submit a final report and reimbursement request form for the last six months of 2025, on forms provided by the County Liaison. C. Mid-year and final reports shall include time spent on each category, and for each city if applicable, for municipality personnel, full-time and temporary, while working directly on the planning, implementing, promoting, and reporting of eligible activities during the reimbursement period. D. Report and reimbursement request forms must be signed by the Authorized Representative (i.e., contract signatory) for the grant agreement, or by other designee who is independent of municipality personnel who work directly on the planning, implementing, promoting, and reporting of eligible activities. E. Reimbursement requests must be for eligible expenses, less revenues or other monies received, incurred in connection with the performance of grant activities. F. Reimbursement requests must be supported by documentation that includes expense dates, vendors, items purchased, and amounts – such as vendor invoices, receipts, or detailed financial reports produced using municipal accounting software – itemizing all expenses related to the grant, including salary and benefits. Any reimbursement request for multiple municipalities must separately itemize the request for reimbursement for each individual municipality. Dakota County Contract #DCA22274 Exhibit 1 - Page 14 of 15 Page 116 of 315 15 G. Salary and benefits cannot exceed the total amount budgeted for salary and benefits in the Application unless reasonable justification is provided and approved by County Liaison in advance. H. Activities outlined in the Application and contained in the Grant Agreement represent municipality’s obligations, and it is the County’s expectation that the Grant Agreement will be fully implemented. Municipality must contact County Liaison to make workable adjustments as needed during the contract period and proactively address any implementation challenges as they arise. I. Changes to Application activities and related expenses require prior approval from the County Liaison, as described in the Grant Agreement. Dakota County Contract #DCA22274 Exhibit 1 - Page 15 of 15 Page 117 of 315 Dakota County Contract #DCA22274 2025 Grant Agreement P a g e | 7 of 9 CITY OF APPLE VALLEY (Accepting designation of Burnsville as Fiscal Agent to act on behalf of the City of Apple Valley for purposes of the Community Waste Abatement Grant Agreement between Dakota County and the City of Burnsville.) By: _____________________________________ Signature line Printed Name:_______________________ Title: ______________________________ Telephone:_________________________ Date of signature:_______________________ Attest: __________________________________ Title: ___________________________________ Date: ___________________________________ Page 118 of 315 Dakota County Contract #DCA22274 2025 Grant Agreement P a g e | 8 of 9 CITY OF EAGAN (Accepting designation of Burnsville as Fiscal Agent to act on behalf of the City of Eagan for purposes of the Community Waste Abatement Grant Agreement between Dakota County and the City of Burnsville.) By: _____________________________________ Signature line Printed Name:_______________________ Title: ______________________________ Telephone:_________________________ Date of signature:_______________________ Attest: __________________________________ Title: ___________________________________ Date: ___________________________________ Page 119 of 315 Dakota County Contract #DCA22274 2025 Grant Agreement P a g e | 9 of 9 CITY OF LAKEVILLE (Accepting designation of Burnsville as Fiscal Agent to act on behalf of the City of Lakeville for purposes of the Community Waste Abatement Grant Agreement between Dakota County and the City of Burnsville.) By: _____________________________________ Signature line Printed Name:_______________________ Title: ______________________________ Telephone:_________________________ Date of signature:_______________________ Attest: __________________________________ Title: ___________________________________ Date: ___________________________________ Page 120 of 315 1 | Page Dakota County Community Waste Abatement Grant Program 2025 Application Municipality City of Burnsville Application Deadline October 1, 2024 Funding Period January 1, 2025 - December 31, 2025 Report and Reimbursement Request Due Dates July 15, 2025 for January - June 2025 January 15, 2026 for July - December 2025 Authorized Representative (Contract Signatory) Name: Clint Hoopaw City and Title: Apple Valley Mayor E-mail: Clint.Hoopaw@applevalleymn.gov Phone: 952-953-2500 Mailing Address: 7100 147th St. W., Apple Valley, MN 55124 Name: Elizabeth Kautz City and Title: Burnsville Mayor E-mail: Elizabeth.Kautz@burnsvillemn.gov Phone: 952-895-4403 Mailing Address: 100 Civic Center Pkwy, Burnsville, MN 55337 Name: Mike Maguire City and Title: Eagan Mayor E-mail: Mike.Maguire@eagamn.gov Phone: 651-675-5048 Mailing Address: 3830 Pilot Knob Rd, Eagan, MN 55122 Name: Luke Hellier City and Title: Lakeville Mayor E-mail: lhellier@lakevillemn.gov Phone: 612-237-2551 Mailing Address: 20195 Holyoke Ave, Lakeville, MN 55044 Municipality Primary Contact Designated Liaison: Jackson Becker City and Title: Burnsville Env. Specialist E-mail: Jackson.Becker@burnsvillemn.gov Phone: 952-895-4511 Municipality Secondary Contact Designated Back-up: Cassidy Carlisle City and Title: Burnsville Env. Technician E-mail: Cassidy.Carlisle@burnsvillemn.gov Phone: 952-895-4515 Municipality Communications Contact Name: Eve Heeralall City and Title: Apple Valley Communications Specialist E-mail: eve.heeralall@applevalleymn.gov Phone: 952-953-2845 Name: Mike Tracy City and Title: Burnsville Human Resources Director E-mail: mike.tracy@burnsvillemn.gov Phone: 952-895-4470 Name: Sara Horwath City and Title: Eagan Interim Communications Director E-mail: sara.horwath@eaganmn.gov Phone: 651-675-5066 Name: Tierney Helmers City and Title: Lakeville Communications Manager E-mail: thelmers@lakevillemn.gov Phone: 952-985-4407 Application Planning Team Communications - Name: Eve Heeralall City and Title: Apple Valley Communications Specialist Callie Gudmonson City and Title: Burnsville Digital Engagement Specialist Sara Horwath City and Title: Eagan Interim Communications Director Dakota County Contract #DCA22274 Exhibit 2 - Page 1 of 22 Page 121 of 315 2 | Page Tierney Helmers City and Title: Lakeville Communications Manager Municipal Facilities - Name: Eric Carlson City and Title: Apple Valley Parks & Recreation Director Garrett Beck City and Title: Burnsville Parks, Recreation and Facilities Director Andrew Pimental City and Title: Eagan Parks & Recreation Director Tom Breeggemann City and Title: Lakeville Facilities Supervisor Event Recycling - Name: Nate Rosa City and Title: Apple Valley Recreation Manager Chad Lindstrom City and Title: Burnsville Parks Crew Leader Tanya Mozingo City and Title: Eagan Recreation Manager Susan Johnson City and Title: Lakeville Recreation Manager Other - Name: Charles Grawe City and Title: Apple Valley Assistant City Administrator Daryl Jacobson City and Title: Burnsville Natural Resources Manager Elissa Ryan City and Title: Burnsville Finance Director Gillian Catano City and Title: Eagan Sustainability Coordinator Ann Messerschmidt City and Title: Lakeville Env. Resources Specialist Budget Summary Funding Eligibility Funding Request Part 1: Base Funding Request (Required) - - 1. Administration 36,000.00 36,000.00 2. Residential Communications 18,000.00 18,000.00 3. Municipal Facilities Verification and Education 12,560.00 12,560.00 4. Special Collections 90,157.50 90,154.00 Part 2: Supplemental Funding Request (Optional) - - 5. Multifamily Recycling 75,131.25 75,130.00 6. Reduce/Reuse Activities 50,087.50 50,087.00 7. In-Person Education + 8. Event Recycling and Organics 30,052.50 30,052.00 9. Gap Funding 35,207.74 35,207.00 Total Eligible Grant Funding 347,196.49 - Total Grant Funding Request - 347,190.00 Total Grant Match/In-Kind Funding (25%) 132,050.00 Total Cost of Proposed Activities (Request + Match) 479,240.00 Total Grant Diversion Potential (Tons) 115 measured tons Dakota County Contract #DCA22274 Exhibit 2 - Page 2 of 22 Page 122 of 315 3 | Page A. Application and Reporting Instructions 1. See Guidelines Section IV: Grant Application Instructions. 2. Insert additional rows as needed. 3. Check the boxes for any selected optional activities. 4. Fill in unshaded areas. B. Grant Request and Reimbursement Expenses 1. See Guidelines Section VII: Reporting and Reimbursement. 2. Fill in shaded areas. Part 1: Base Funding Request (Required) 1. Grant Administration Description of Expense Person Responsible: Name and Title Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Total 2025 Staff salary to administer Grant Requirements listed below APPLE VALLEY Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 86 # Hours: 37 # Hours: 9 6,364 2,146 180 BURNSVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 86 # Hours: 37 # Hours: 9 6,364 2,146 180 EAGAN Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 86 # Hours: 37 # Hours: 9 6,364 2,146 180 LAKEVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 86 # Hours: 37 # Hours: 9 6,364 2,146 180 RAM membership Dakota Valley Recycling 300 x (1) 300 RAM/SWANA conference Jackson Becker, Env. Spec. Cassidy Carlisle, Env. Tech 395 x (2) 790 ARM workshop Jackson Becker, Env. Spec. Cassidy Carlisle, Env. Tech + Env. Intern $35 x 3 105 Mileage for meetings - - - Dakota County Contract #DCA22274 Exhibit 2 - Page 3 of 22 Page 123 of 315 4 | Page Other: Other training opportunities as they come up, pre-approved by County liaison 45 45 Funding Request Total - - 36,000 Grant admin supervision Charles Grawe, AV Assist. City Administrator 113 x (20 hours) 2,260 Grant admin supervision Daryl Jacobson, Burnsville Natural Resources Manager 85 x (60) 5,100 Grant admin supervision Mark Ray, Burnsville Public Works Director 112 x (20) 2,240 Grant budget assistance Elissa Ryan, Burnsville Finance Director 96 x (20) 1,920 Grant admin supervision Gillian Catano, Eagan Sustainability Coordinator 66 x (40) 2,640 Grant admin supervision Ann Messerschmidt, LV Env. Resources Spec. 70 x (40) 2,800 Grant admin supervision Mac Cafferty, Lakeville Env. Resources Manager 80 x (20) 1,600 Matching Funds Total - - 18,560 Minimum Grant Requirements (Deliverables) A. Fulfill responsibilities necessary for effective grant administration and demonstrate performance of waste abatement programs. B. Identify and ensure new municipal Liaison(s) is properly trained to fulfill responsibilities by attending the Dakota County Recycling Ambassador course as approved by the County Liaison. C. Participate in solid waste management training including, at minimum, the annual RAM/SWANA conference, Association of Recycling Managers (ARM) regional meetings, and annual ARM workshop, to support effective implementation of responsibilities. D. Ensure municipal Liaison(s) attends the six Program meetings hosted by the County Liaison. E. Refer businesses, schools, multifamily properties, and other organizations to County Program Managers to coordinate all requests for resources (e.g., education, containers, labels). F. Provide reasonable support to implement the Solid Waste Management Plan, including but not limited to: 1. Participate in the Solid Waste Management Plan revision process (e.g., attend city meetings or other engagement methods for municipalities). 2. Participate in County meetings to coordinate event and multifamily programming related to County Ordinance 110, if requested. 3. Optional: Participate in the annual RAM compost bin sale. G. Maintain current waste management information on the municipal website: 1. Describe city solid waste collection requirements for haulers (i.e., licensing requirements) and hauler collection information (e.g., allowable collection days and time of day) for residents and commercial generators 2. Describe city solid waste collection requirements for generators, including commercial generators, events, and multifamily properties; 3. Post the County’s standardized messages for residential recycling materials (i.e., the yes/no “what to recycle” list); and 4. Coordinate with County staff for municipal website content and links to Dakota County website pages (e.g., Dakota County Recycling Requirements, the Recycling Guide, The Recycling Zone, Residential Recycling, Business Recycling, Multifamily Recycling, School Recycling, Event Recycling, Reuse Map, Environmental Education Resources, backyard composting, tree care, and wood waste disposal). H. Demonstrate Program compliance and waste abatement metrics in mid-year and final reports that include information for all Base and Supplemental funded projects, as described in Reporting and Reimbursement below. I. Submit reimbursement requests by County deadlines with substantiating documentation, as described in Reporting and Reimbursement below. Dakota County Contract #DCA22274 Exhibit 2 - Page 4 of 22 Page 124 of 315 5 | Page 2. Residential Communications Description of Expense Person Responsible: Name and Title Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Total 2025 Staff salary to administer Grant Requirements listed below APPLE VALLEY Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 16 # Hours: 34 # Hours: 6 1,184 1,972 120 BURNSVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 16 # Hours: 34 # Hours: 6 1,184 1,972 120 EAGAN Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 16 # Hours: 34 # Hours: 6 1,184 1,972 120 LAKEVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 16 # Hours: 34 # Hours: 6 1,184 1,972 120 Article mailings: Lakeville E-Guide print Lakeville E-Guide postage for 4 required articles mailed to every household Additional city mailing costs in Gap Funding Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech 0.1 x (24,480) 0.1 x (24480) 4,896 Other: See Gap Funding Funding Request Total - - 18,000 Newsletter, website and social media Eve Heeralall, AV Communications Specialist 62 x (15) 930 Apple Valley E-Guide print & postage for 4 required articles mailed to every household - 0.2 x (21,400) 4,280 Newsletter and social media Callie Gudmonson, BV Digital Engagement Spec. 56 x (15) 840 Website and other comms. Support Mike Tracy, BV HR & Communications Director 96 x (15) 480 Burnsville E-Guide print & postage for 4 required articles mailed to every household - 0.2 x (25,800) 5,160 Newsletter and social media Gretchen Zampogna, Eagan Comms. Coordinator 56 x (15) 840 Newsletter and website Sara Horwath, Eagan Interim Comms. Director 70 x (15) 700 Dakota County Contract #DCA22274 Exhibit 2 - Page 5 of 22 Page 125 of 315 6 | Page Eagan E-Guide postage - 0.1 x (28,000) 2,800 Newsletter and social media Barb Klausler, LV Comms. Specialist 56 x ( 15) 840 Newsletter and website Tierney Helmers, LV Comms. Director 71 x (15) 1,065 Matching Funds Total - - 17,935 Minimum Grant Requirements (Deliverables) A. Provide County standardized articles with images to all residents of single-family and multifamily dwellings in municipality-mailed newsletters on each of the following topics, with full pages preferred and a half page required at a minimum: 1. Home recycling; 2. Residential services at the Recycling Zone; 3. Residential food scraps drop-off sites or food waste prevention (select 1); and 4. Local reduce/reuse opportunities for residents. B. Promote County-developed electronic media messages (e.g., website, social media, e-news) about solid waste and household hazardous waste management, including but not limited to all priority waste abatement topics listed in section A above, using County messaging. C. Serve as a resource to residents on waste abatement-related inquiries (e.g., email, phone). D. Provide funding source credit on all print materials, written as: Partially funded by Dakota County and the Minnesota Pollution Control Agency. E. Submit written residential waste abatement information to County Liaison for review at least five business days before printing. 3. Municipal Facilities/Parks Verification and Education Description of Expense Person Responsible: Name and Title Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Total 2025 Staff salary to administer Grant Requirements listed below APPLE VALLEY Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 10 # Hours: 18 # Hours: 62 740 1,044 1,240 BURNSVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern Hours: 10 # Hours: 20 # Hours: 62 740 1,160 1,240 EAGAN Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern Hours: 10 # Hours: 20 # Hours: 62 740 1,160 1,240 LAKEVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Hours: 10 # Hours: 20 740 1,160 1,240 Dakota County Contract #DCA22274 Exhibit 2 - Page 6 of 22 Page 126 of 315 7 | Page Name: N/A Title: Env. Intern # Hours: 62 Parks/Facilities Staff responsible for monitoring and verification Mileage for verification Eric Carlson, AV Parks and Recreation Director In Matching Funds 0 Steve Rother, AV Park Maintenance Supervisor In Matching Funds 0 Garrett Beck, BV Parks, Recreation, and Facilities Director In Matching Funds 0 Chad Lindstrom, BV Parks Crew Leader In Matching Funds 0 Rick Mientkiewicz, Eagan Government Building Maintenance In Matching Funds 0 Paul Watry, Eagan Parks Operation Supervisor In Matching Funds 0 Tom Breeggemann, LV Facilities Supervisor In Matching Funds 0 Paul Miskimen, LV Parks Supervisor In Matching Funds 0 Mileage for verification Jackson Becker, Env. Spec + Env. Intern 200 miles x (0.575/mile) 116 Education expense: N/A - Electronic communication Cassidy Carlisle, Env. Tech 0 0 Containers: See Gap Funding Other: Click here to enter text - - - Funding Request Total - - 12,560 Parks infrastructure Steve Rother, AV Park Maintenance Supervisor 68 x (15) 1,020 Parks infrastructure Eric Carlson, AV Parks & Rec Director 95 x (10) 950 Facilities infrastructure Sharon Lemke, AV Facilities Coordinator 54 x (5) 270 Parks infrastructure Chad Lindstrom, BV Parks Crew Coordinator 61 x (15) 915 Parks and facilities infrastructure Garrett Beck, BV Parks, Rec and Facilities Director 98 x (10) 980 Facilities infrastructure Dan Hill, BV Facility Maintenance Supervisor 80 x (5) 400 Mileage Parks verifications for all four cities 0.58 x (2000 miles) 1,150 Parks infrastructure Paul Watry, Eagan Parks Operation Supervisor 72 x (15) 1,080 Parks and facilities infrastructure Andrew Pimental, Eagan Parks & Rec Director 96 x (15) 1,440 Facilities infrastructure Gillian Catano, Eagan Sustainability Coordinator 66 x (5) 330 Facilities infrastructure Rick Mientkiewicz, Eagan Government Building Maint. 62 x (5) 310 Parks infrastructure Paul Miskimen, LV Parks Supervisor 69 x (15) 1,035 Parks infrastructure Mark Kruse, LV Parks Superintendent 76 x (15) 1,140 Facilities infrastructure Ann Messerschmidt, LV Env. Resources Specialist 70 x (5) 350 Facilities infrastructure Tom Breeggemann, LV Facilities Supervisor 62 x (5) 310 Matching Funds Total - - 11,680 Minimum Grant Requirements (Deliverables) Dakota County Contract #DCA22274 Exhibit 2 - Page 7 of 22 Page 127 of 315 8 | Page A. Provide monitoring and verification of recycling requirements and best waste management practices at least once annually, by visually inspecting and reporting on status of compliance with Dakota County Ordinance 110 using the Municipal Facilities Recycling Tool or another tool provided by Dakota County, to verify recycling programs for facilities under the municipality’s control collect the Designated List of Recyclables wherever trash is collected and follow best waste management practices. B. Provide County standardized solid waste abatement messaging about recycling in municipal buildings, in print or electronic format, to each municipal employee, volunteer, tenant, and custodial/housekeeping staff annually, and other people responsible for sorting, collecting, or transporting waste to external carts or dumpsters, within 30 days of a new hire or new tenant, and within 30 days of a substantive change to your recycling or waste program. C. Conduct in-person training on Ordinance 110 requirements with city personnel who are responsible for (a) recycling container placement and monitoring on city property, (b) emptying trash, recycling, and organics (if collected) containers on city property, (c) handling event permits or facility rental applications, and (d) staffing events subject to Ordinance 110. D. ☒ Optional: Add waste abatement infrastructure (i.e., recycling and organics containers and labels or signage) in municipality- controlled facilities, including parks, where containers are needed and have not yet been placed, (i.e., replacing existing containers is an ineligible expense), to implement best waste management practices in collaboration with parks and facilities staff as follows: 1. Paired: All trash containers are paired with recycling containers (within 10 feet of each other). 2. Color-coded: All new containers and lids are blue for recycling, green for organics, and grey or black for trash and are made from recycled-content materials. New multistream containers are blue for recycling and gray or black for trash. 3. Signage: All containers have color-coded labels on the top and visible sides of the container. Labels on sides of containers meet County label standards. For indoor containers, lids have color-coded labels on both ends, facing opposite directions. 4. Convenient: All containers are strategically and conveniently located to serve employees and visitors. 5. Appropriate lids: All containers have lids with openings appropriate for the collected material. Recycling container lids have Saturn-shaped or circle-shaped openings. 4. Special Collections Description of Expense Person Responsible: Name and Title Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Total 2025 Staff salary to administer Grant Requirements listed below APPLE VALLEY Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 110 # Hours: 120 # Hours: 6 8,140 6,960 120 BURNSVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 116 # Hours: 124 # Hours: 6 8,584 7,192 120 EAGAN Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 128 # Hours: 130 # Hours: 6 9,472 7,540 120 LAKEVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 114 # Hours: 130 # Hours: 6 8,436 7,540 120 Dakota County Contract #DCA22274 Exhibit 2 - Page 8 of 22 Page 128 of 315 9 | Page Paper collection: Apple Valley spring shred, Republic Services Cassidy Carlisle, Env. Tech One truck, three hours 1,100 Paper collection: Burnsville spring shred, Republic Services Cassidy Carlisle, Env. Tech One truck, three hours 1,100 Paper collection: Eagan spring shred, Republic Services Cassidy Carlisle, Env. Tech One truck, three hours 1,100 Paper collection: Lakeville spring shred, Republic Services Cassidy Carlisle, Env. Tech One truck, three hours 1,100 Paper collection: Apple Valley fall shred, Republic Services Cassidy Carlisle, Env. Tech One truck, three hours 1,100 Paper collection: Burnsville fall shred, Republic Services Cassidy Carlisle, Env. Tech One truck, three hours 1,100 Paper collection: Eagan fall shred, Republic Services Cassidy Carlisle, Env. Tech One truck, three hours 1,100 Paper collection: Lakeville fall shred, Republic Services Cassidy Carlisle, Env. Tech One truck, three hours 1,100 Mattress collection: Mattress & Furniture drop-off coupon program, Certified Recycling Mattress collection: Burnsville Summer Collection, Certified Recycling Mattress collection: AV Fall Clean- up, Certified Recycling Mattress collection: Burnsville Fall Collection, Certified Recycling Jackson Becker, Env. Spec. 10/unit x (1,001 units) 10,010 Jackson Becker, Env. Spec. Mattresses & box springs 0 Jackson Becker, Env. Spec. Mattresses & box springs 0 Jackson Becker, Env. Spec. Mattresses & box springs 0 Pumpkin collection: Apple Valley, Dick’s Sanitation Pumpkin collection: Burnsville, Dick’s Sanitation Pumpkin collection: Eagan, Dick’s Sanitation Pumpkin collection: Lakeville, Dick’s Sanitation Cassidy Carlisle, Env. Tech One 30-yd dumpster 1,000 Cassidy Carlisle, Env. Tech One 30-yd dumpster 1,000 Cassidy Carlisle, Env. Tech Two 30-yd dumpsters 2,000 Cassidy Carlisle, Env. Tech Three 30-yd dumpsters 3,000 Optional collection: Srap metal, Burnsville Summer Collection, Certified Recycling Optional collection: Scrap metal, AV Fall Clean-up, Certified Recycling Optional collection: Scrap metal, Burnsville Fall Collection, Certified Recycling Jackson Becker, Env. Spec Free 0 Jackson Becker, Env. Spec Free 0 Jackson Becker, Env. Spec Free 0 Optional collection: Shoe reuse event, USAgain Jackson Becker, Env. Spec Free 0 Optional collection: Holiday lights Cassidy Carlisle, Env. Tech Free 0 Promotional expense: See Gap Funding Cassidy Carlisle, Env. Tech - - Containers: type, # of each, and location - - - Dakota County Contract #DCA22274 Exhibit 2 - Page 9 of 22 Page 129 of 315 10 | Page Funding Request Total - - 90,154 Fall collection coordination Charles Grawe, AV Assistant City Administrator 113 x (10) 1,130 Fall & pumpkin collection coordination Jeff Reiten, AV Public Works Supervisor 78 x (10) 780 Shoe collection coordination Bill Bird, AV Recreation Supervisor 54 x (5) 270 AV print & postage mattress coupons - 0.2 x (21,400) 4,280 AV print & postage event promos - 0.2 x (21,400) 4,280 Pumpkin and shoe collections coordination JJ Ryan, BV Recreation and Facilities Superintendent 80 x (15) 1,200 Spring and fall collection coordination Paul Turgeon, BV Facilities Technician 62 x (10) 620 BV print & postage mattress coupons - (0.2) x 25,800 5,160 BV print & postage event promos - (0.2) x 25,800 5,160 Shred events and shoe collection coordination Mark Vaughan, Eagan Civic Arena and Aquatics Manager 78 x (10) 780 Pumpkin collection coordination Lindsey Rague, ECC Supervisor 63 x (5) 315 Shred event coordination Russ Matthys, Eagan Public Works Director 108 x (5) 540 Eagan print & postage mattress coupons - 0.2 x (28,000) 5,600 Eagan print & postage event promos - 0.2 x (28,000) 5,600 Shred event coordination Mark Kruse, LV Parks Superintendent 76 x (10) 760 Pumpkin collection coordination Mora Thomas, LV Sr. Admin. Assistant to the Police Chief 46 x (5) 230 Sports gear drive coordination Joe Bergquist, LV Ames Ice Arena Manager 58 x (5) 290 Shoe collection coordination Mike Meyer, LV Fire Chief 112 x (5) 560 Holiday lights collection at City Hall and south LV municipal liquor store Ann Messerschmidt, LV Env. Resources Specialist 70 x (20) 1,400 LV print & postage mattress coupons - 0.2 x (25,000) 5,000 LV print & postage event promos - 0.2 x (25,000) 5,000 Matching Funds Total - - 49,355 Diversion Potential (Tons) Paper - 30 tons Pumpkins - 30 tons Scrap metal - 10 tons Mattresses & furniture - 30 tons Shoes - 4 Holiday lights - 2 tons TOTAL - 106 tons Minimum Grant Requirements A. Implement one or more drop-off events, discounts, curbside collections, permanent drop-off collection sites, or combination thereof to collect specific traditional and non-traditional solid waste materials from residents for reuse or recycling. Dakota County Contract #DCA22274 Exhibit 2 - Page 10 of 22 Page 130 of 315 11 | Page B. Collect all of the following materials from residents for reuse, recycling, or organics composting, with reuse required if reuse outlets are available: 1. Confidential paper for shredding 2. Mattresses and box springs 3. Pumpkins C. The following optional materials may also be collected from residents for reuse or recycling, with reuse required if reuse outlets are available: 1. ☐ Bicycles 2. ☐ Cardboard 3. ☐ CFLs 4. ☒ Furniture 5. ☒ Holiday lights 6. ☒ Scrap metal 7. ☒ Shoes 8. ☐ Athletic gear 9. ☐ Other materials as pre-approved by the County Liaison (e.g., building materials, textiles, film plastic/plastic bags). D. Ensure special collection opportunities are conveniently located and scheduled for every collection in Item B, with an independent collection opportunity for each municipality having 1,000 households or more; a municipality with fewer than 1,000 households may coordinate with a neighboring municipality for co-collection. E. Obtain confirmation that collected materials are delivered to a reuse location or to a licensed recycling/organics facility, or to another facility approved by the County Liaison. F. Request and report weights, cubic yards, or number of units for each material collected, as specified on the County reporting tool. G. Promote special collection opportunities to all single-family and multifamily residents using County messaging standards, telling residents how materials will be managed. H. Submit promotional communications to County Liaison for review at least three business days before publication. I. Coordinate collections with County liaison to prevent duplication of effort, conflicting messages, pricing conflicts, and competition for resident participation. Part 2: Supplemental Funding (Optional) 5. Multifamily Recycling Description of Expense Person Responsible: Name and Title Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Total 2025 Staff salary to administer Grant Requirements listed below APPLE VALLEY Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 124 # Hours: 140 # Hours: 4 9,176 8,120 80 BURNSVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 132 # Hours: 146 # Hours: 4 9,768 8,468 80 EAGAN Name: Jackson Becker # Hours: 152 11,248 Dakota County Contract #DCA22274 Exhibit 2 - Page 11 of 22 Page 131 of 315 12 | Page Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 155 # Hours: 4 8,990 80 LAKEVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 146 # Hours: 142 # Hours: 4 10,804 8,236 80 Printing/postage for mailing to all apartment owners and managers: # addresses See Gap Funding - - Printing/postage for mailing to all condominium and townhome HOAs: # addresses See Gap Funding - - Program promotion expense: Follow-up communication with past participants; Cold calls and emails to new properties; Program promo in city newsletters Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech 0 0 Other: Click here to enter text - - - Funding Request Total - - 75,130 Communication to property managers Pam Walter, AV Crime Prevention Specialist 48 x (5) 240 Communication to property managers Ben Archambault, BV Community Resource Officer 78 x (5) 390 Communication to property managers Chris Forslund, BV Neighborhood Services Supervisor 78 x (10) 780 Communication to property managers Jill Ondrey, Eagan Crime Prevention Specialist 48 x (5) 240 Matching Funds Total - - 1,650 Minimum Grant Requirements (Deliverables) A. Conduct all of the following activities: 1. Coordinate with the County Liaison to develop or strengthen multifamily points of contact (“touchpoints” such as business license renewals, rental license renewals, rental inspections, fire inspections, and property manager meetings), consistent with city codes and County Ordinance 110. 2. Maintain an inventory of all multifamily properties in the municipality, updated annually, and provide a copy to Dakota County. 3. Send an annual mailing about recycling resources to property managers and owners of apartments, condominiums, townhomes, and independent senior living, in coordination with County staff. 4. Identify, strengthen, or both, municipal planning and construction procedures to support recycling and organics as appropriate in new or remodeled buildings (e.g., internal chutes; adequate internal and external space). 5. Work with County Liaison to identify and provide technical assistance for multifamily properties enrolled in the Dakota County Multifamily Recycling Program to implement best waste management practices by: a. First attending technical assistance training provided by County Liaison; b. Promoting the program to engage new participants through strategic outreach; c. Providing on-site needs assessments to systematically evaluate and document opportunities to enhance recycling and waste prevention, and to meet best practices, using County materials; d. Using needs assessments to complete applications for the program in collaboration with property managers to request County-supplied containers, labels, signage, education materials, staff and resident education as needed, and other technical assistance; e. Implementing approved plans in coordination with property managers, haulers, County staff, and other partners; f. Providing targeted on-site employee and resident education about recycling and waste prevention, including the recycling system within the building, in partnership with the County Liaison, using County messaging standards; Dakota County Contract #DCA22274 Exhibit 2 - Page 12 of 22 Page 132 of 315 13 | Page g. Providing ongoing support to sustain recycling efforts by contacting past program participants to offer additional education materials, staff and resident education as needed, and other technical assistance; h. Promoting reuse and bulky waste collection opportunities for multifamily tenants at move-in/move-out; i. Collaborating with the County Liaison for culturally specific needs such as translation and interpretation; j. Following all program protocols for outreach and technical assistance, best waste management practices, and education, using County messaging standards; and k. Tracking and reporting on outcomes for each participating property, using forms or tools provided by the County Liaison. 6. Reduce/Reuse Activities Description of Expense Person Responsible: Name and Title Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Total 2025 Staff salary to administer Grant Requirements listed below APPLE VALLEY Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 68 # Hours: 70 # Hours: 17 5,032 4,060 340 BURNSVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern #Hours: 70 # Hours: 72 # Hours: 19 5,180 4,176 380 EAGAN Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 74 # Hours: 74 # Hours: 21 5,476 4,292 420 LAKEVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 76 # Hours: 76 # Hours: 23 5,624 4,408 460 Dishware/dishwasher: type, #, vendor, and location - - - Event expense: Eagan Craft Supply Swap Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Event expense: Puzzle Swaps (1 each in Apple Valley, Burnsville, Eagan and Lakeville) Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Event expense: Garden Tool Swaps (1 each in Lakeville and Burnsville) Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Event expense: Apple Valley Furniture Swap ($3,999) Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech 500/day x (2) 1,000 Apple Valley Sports Arena Two-day reservation Reuse professional service: Bridging 600/day (only there first day) 600 Table rentals: Crown Rentals 50 x (20 tables) 1,000 Dakota County Contract #DCA22274 Exhibit 2 - Page 13 of 22 Page 133 of 315 14 | Page On-site loading assistance + transportation of leftovers to Bridging: MAD Moving 1,199 flat fee for 2 staff 1,199 Recycling of leftover scrap metal and mattresses, if needed: Certified Recycling 40/unit x (5) 200 Event expense: Eagan Halloween Costume Swap Jackson Becker, Env. Spec Free 0 Class expense: city, event, date, and vendor - - - Repair expense: city, event, date, and vendor - - - Other: Reuse MN Membership Reuse MN Conference Dakota Valley Recycling 200 200 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech 120 x (2) 240 Oher: Promote existing reuse opportunities and services; Share reduce/reuse guide and map at in- person education opportunities Cassidy Carlisle, Env. Tech + Env. Intern - - Other: Reusable cups at Eagan Food Truck Fest; r.World Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech + Env. Intern 0.50 x (8,000 cups) 4,000 Other: Reusable cups at Burnsville Firemuster Beer Tasting; r.World Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech 0.50 x (3,600 cups) 1,800 Funding Request Total - - 50,087 Reuse events coordination Nate Rosa, AV Recreation Manager 75 x (5) 375 Furniture swap coordination Brian Christianson, AV Arenas & Facilities Manager 66 x (5) 330 AV swap event promos articles in city newsletter - 0.2 x (21,600) 4,320 BV swap event promos in city newsletter - 0.2 x (25,800) 5,160 Food Truck Fest r.Cups coordination Tanya Mozingo, Eagan Recreation Superintendent 76 x (10) 760 Food Truck Fest r.Cups coordination Sarah Larsen, Eagan Market Fest and Events Program Spec. 56 x (10) 560 Food Truck Fest r.Cups coordination and collection Gillian Catano, Eagan Sustainability Coordinator 66 x (10) 660 Eagan swap event promos in city newsletter - 0.2 x (28,000) 5,600 LV swap event promos in city newsletter - 0.2 x (25,000) 5,000 Matching Funds Total - - 22,765 Garden tool equipment - 1 ton Puzzles - 2 tons Craft supplies - 1 ton Furniture - 4 tons Halloween costumes - 0.5 tons Reusable cups - 0.5 tons TOTAL - 9 tons Minimum Grant Requirements (Deliverables) Dakota County Contract #DCA22274 Exhibit 2 - Page 14 of 22 Page 134 of 315 15 | Page A. Provide annual updates to the County’s online Dakota County Reduce & Reuse Map. B. Implement any of the following activities: 1. ☒ Promote existing opportunities and services for residents to reuse household items such as furniture and building materials. 2. ☐ Prioritize reusable dishware (e.g., washable baskets, cups) in place of single-use products at permanent facilities that are city-owned, by purchasing durable dishware and a dishwasher to wash dishware on site. 3. ☒ Prioritize reusable dishware (e.g., washable baskets, cups) in place of single-use products at outdoor community events held on city property, with anticipated attendance of 300 or more people, by contracting with vendors that offer reusable products and services for events (e.g., washing on site or off site). 4. ☒ Host and/or promote residential swap events or city-wide garage sales, prioritizing materials with insufficient options for reuse or exchange through existing retail, community-based, or online platforms; obtain and report weights for each material collected at swap events; and ensure that usable items that are not swapped are donated after the event, to the extent possible; 5. ☐ Provide staff support at County Fix-It Clinics. 6. ☐ Host residential reduce, reuse, or repair education classes on topic(s) identified in consultation with County liaison using County messaging, ensuring all hired educators are approved in advance by Dakota County, and reporting on outcomes by monitoring presentation attendance (e.g., sign-in sheet or head count), online webinar attendance (e.g., number of people who log on), booth interactions (e.g., clicker or tally sheet), and game interactions (e.g., clicker or tally sheet). 7. ☐ Coordinate with a local repair business to host a repair event or to offer coupon discounts in coordination with County Liaison. 8. ☐ Facilitate changes to municipality codes, policies, and practices that are barriers to reuse (e.g., clothing drop box prohibitions, rental companies, and secondhand stores). 9. ☐ Facilitate changes to internal policies and practices to promote waste reduction, reuse, and recycling of municipal supplies and equipment through any of the following: a. Facilitate changes to increase recycled content in products purchased by the city (in accordance with Minn. Stat. § 16C.073). b. Identify existing city policies and administrative practices for copy paper purchases in internal operations. c. Facilitate revisions to policies and practices to purchase at least 30% post-consumer recycled content copy paper. 10. ☐ Initiate a paper printing reduction initiative. 11. ☐ Provide transportation for residents to participate in reduce/reuse activities (e.g., seniors); 12. ☐ Other as approved by County Liaison. 7. In-Person Education Description of Expense Person Responsible: Name and Title Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Total 2025 Staff salary to administer Grant Requirements listed below APPLE VALLEY Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 14 # Hours: 26 # Hours: 16 1,036 1,508 320 BURNSVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 16 # Hours: 28 # Hours: 18 1,184 1,624 360 EAGAN Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 18 # Hours: 30 # Hours: 20 1,332 1,740 400 LAKEVILLE # Hours: 20 1,480 Dakota County Contract #DCA22274 Exhibit 2 - Page 15 of 22 Page 135 of 315 16 | Page Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 30 # Hours: 22 1,740 440 APPLE VALLEY (1% goal = 558) Event expense: Home & Garden Expo, Eastview HS, Spring, ~200 people educated Puzzle Swap, Galaxie Library, Date TBD, ~150 people educated Furniture Swap, AV Sports Arena, Summer, ~250 people educated Senior Center presentations, Date TBD, ~60 people educated Other AV education opportunities as they arise, approved by County liaison Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 BURNSVILLE (1% goal = 645) Event expense: Senior Center presentations, Date TBD,~70 people educated Ineffable Brewing presentation, Date TBD, ~30 people educated Garden Tool swap, BV Civic Center, Spring, ~50 people educated Public Works Open House, BV Maintenance Facility, Spring, ~300 people educated Party on the Plaza table, Nicollet Commons, Summer, ~250 people educated BV Puzzle Swap, Burnhaven Library, Date TBD, ~200 people educated Other BV education opportunities as they arise, approved by County liaison Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech In Matching Funds 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Event space rental 200 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 EAGAN (1% goal = 689) Event expense: Big Rig Rally, Eagan CMF, Spring, ~500 people educated Craft Supply Swap, Westcott Library, Spring, ~200 people educated Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech In Matching Funds 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Free 0 Dakota County Contract #DCA22274 Exhibit 2 - Page 16 of 22 Page 136 of 315 17 | Page Market Fest table, Central Park, Summer, ~200 people educated Outside at Oak Ridge event, Oak Ridge Elementary, Summer, ~100 people educated Puzzle Swap, Wescott Library, Date TBD, ~200 people educated Senior Expo, Eagan Community Center, Fall ~250 people educated Halloween Costume Swap, Wescott Library, Date TBD, ~100 people educated Other Eagan education opportunities as they arise, approved by County liaison Cassidy Carlisle, Env. Tech Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech In Matching Funds 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 LAKEVILLE (1% goal = 738) Event expense: Watershed Clean-up Day, Maintenance Facility, date TBD, ~400 people educated Puzzle Swap, Heritage Library, date TBD, ~200 people educated Senior Center presentations, Date TBD, ~50 people educated Farmer’s Market table, Art Center, date TBD, ~100 people educated Other LV education opportunities as they arise, approved by County liaison Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech Free 0 Promotional expense: city, event, date, expense type, and vendor - - - Other: Table-top display materials Cassidy Carlisle, Env. Tech 106 106 Funding Request Total* - - 13,470 Schedule and promote in-person opportunities Sharon Lemke, AV Recreation Supervisor 54 x (5) 270 Schedulue and promote in-person opportunities Deb Cobbins, BV Sr. Admin Assistant 56 x (10) 560 Schedule and promote in-person opportunities Sarah Larsen, Eagan Market Fest and Events Program Spec. 56 x (10) 560 Schedule and promote in-person opportunities Lindsey Rague, ECC Supervisor 63 x (5) 315 Facilities Reservations - 50 x (2) 100 Schedule and promote in-person opportunities Bridget Samson, LV Recreation Program Coordinator 55 x (5) 350 Matching Funds Total - - 2,155 *Supplemental Funding categories #7 and #8 share one funding allocation; combined subtotals may not exceed combined fund eligibility. Minimum Grant Requirements (Deliverables) Dakota County Contract #DCA22274 Exhibit 2 - Page 17 of 22 Page 137 of 315 18 | Page A. Provide in-person waste abatement education for adults and youth through instructional classes, presentations, or activities at booths, events, or gatherings to educate 1% or more of the municipality’s population through face-to-face verbal interactions, on one to two of the following topics per activity: 1. Home recycling (required) 2. Residential organics drop site(s) (optional) 3. Residential services at the Recycling Zone (optional) 4. Local reduce/reuse opportunities for residents (e.g., classes about simple mending, donation/downsizing with County messaging on proper disposal) (optional) B. Ensure all staff and volunteers who implement In-Person Education activities are properly trained to fulfill responsibilities by attending the Dakota County Recycling Ambassador course. C. Ensure all professional educators who implement In-Person Education activities are approved in advance by Dakota County. D. Use County materials for promotional and distribution handouts. E. Use display and education materials provided by County Liaison and track planned education activities in County tool. F. If conducting virtual education, provide a live format with interactive opportunities (i.e., no pre-recorded videos). G. Use messaging standards on County website for verbal education or have County Liaison review messaging. H. Coordinate with County Liaison for any education requests in schools, businesses, and multifamily residences. I. Track and report number of people educated in person by monitoring presentation participation (e.g., sign-in sheet or head count), online webinar participation (e.g., number of people who log on), verbal booth interactions (e.g., clicker or tally sheet), and game interactions (e.g., clicker or tally sheet). 8. Event Recycling and Organics Collection Description of Expense Person Responsible: Name and Title Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Total 2025 Staff salary to administer Grant Requirements listed below APPLE VALLEY Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 22 # Hours: 26 # Hours: 16 1,628 1,508 320 BURNSVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 24 # Hours: 28 # Hours: 18 1,776 1,624 360 EAGAN Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 26 # Hours: 30 # Hours: 20 1,924 1,740 400 LAKEVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 28 # Hours: 30 # Hours: 22 2,072 1,740 440 Dakota County Contract #DCA22274 Exhibit 2 - Page 18 of 22 Page 138 of 315 19 | Page Equipment: type, #, and vendor - - - Hauling services: Lakeville Fire Waffle Breakfast, July Cassidy Carlisle, Env. Tech 2-yd BOH organics dumpster 500 Hauling services: Lakeville Heritage Waffle Breakfast, Fall Cassidy Carlisle, Env. Tech 2-yd BOH organics dumpster 350 Event assistance services/stipend: Apple Valley; Consulting on recycling best practices at: 1) Apple Valley Food Truck Fest, August Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech No expense 0 Event assistance services/stipend: Burnsville; Consulting on recycling best practices at: 1) Party on the Plaza, June, July & August 2) Juneteenth event, June 3) Pride event, June Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech No expense 0 Event assistance services/stipend: Eagan; Consulting on recycling best practices at: 1) Market Fest, June - Sept 2) Food Truck Fest, August Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech No expense 0 Event assistance services/stipend: Lakeville; Consulting on recycling best practices at: 1) Watershed Clean-up Day, April 2) Pan-o-Prog Waffle Breakfast, July 3) Taste of Lakeville, August 4) Heritage Waffle Breakfast, October Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech No expense 0 Checkout system: type and vendor - - - Other: Recycling and organics x- frames bags Jackson Becker, Env. Spec 100/case x (2) 200 Funding Request Total - - 16,582 Event recycling planning and on- site management at Food Truck Fest Nate Rosa, AV Recreation Manager 75 x (5) 375 Event recycling planning and on- site management at Food Truck Fest Bill Bird, AV Recreation Supervisor 54 x (5) 270 Event recycling planning and on- site management at Party on the Plaza JJ Ryan, BV Recreation and Facilities Superintendent 80 x (5) 400 Event recycling planning and on- site management at Pride and Juneteenth events Scott Heitkamp, BV Recreation Programmer 69 x (5) 1,380 Event recycling planning and on- site management at Party on the Plaza, Pride, and Juneteenth events Chad Lindstrom, BV Parks Crew Leader 61 x (20) 1,220 Event recycling planning and on- site management at Food Truck Fest Tanya Mozingo, Eagan Recreation Manager 76 x (10) 760 Event recycling planning and on- site management at Market Fest Sarah Larsen, Eagan Market Fest and Events Program Spec. 56 x (10) 560 Event recycling planning and on- site management at Food Truck Fest Jared Flewellen, Eagan Assistant Parks & Rec Director 80 x (5) 400 Dakota County Contract #DCA22274 Exhibit 2 - Page 19 of 22 Page 139 of 315 20 | Page Event recycling planning and on- site management at Pan-o-Prog and Heritage waffle breakfasts Susan Johnson, LV Recreation Manager 69 x (10) 690 Event recycling planning and on- site management at Taste of Lakeville Justin Miller, LV City Administrator 127 x (10) 1,270 Event recycling planning and on- site management at Watershed Clean-up Day Ann Messerschmidt, LV Natural Resources Specialist 70 x (10) 700 Matching Funds Total - - 8,025 Diversion Potential (Tons) - 0 measured tons *Supplemental Funding categories #7 and #8 share one funding allocation; combined subtotals may not exceed combined fund eligibility. Minimum Grant Requirements (Deliverables) A. Implement recycling, back-of house organics (food scraps) collection, or both, at events, tournaments, and festivals held on city property or on private property outdoors. 1. Contact and assist event coordinators to plan and implement recycling collection, back-of-house organics collection, or both. 2. Provide temporary containers, proper bags, signage, hauler services for collection, and as appropriate, recruit waste station staffing. a. ☐ Optional: Implement a 24/7 accessible checkout system (e.g., locker storage). 3. Assist with applying best waste management practices for standardized messaging to vendors, volunteers, and custodial staff; labeling an appropriate number of co-located recycling and trash containers in strategic locations to prevent overflow; and confirming delivery to a licensed/permitted facility. 4. For recyclables collection, prioritize events on public property that generate at least one ton (8 cy) of trash (e.g., community events, athletic tournaments, fairs, markets, concerts, etc.) 5. For organics collection, prioritize events of at least 300 people that generate back-of-house organics and at least one ton (8 cy) of trash. 6. Obtain confirmation that collected materials are delivered to a licensed or otherwise approved recycling/organics facility if grant funds are being used for hauling services at city events. 7. Coordinate with the County Liaison to develop or update municipal permits and agreements to require recycling/back-of- house organics with best waste management practices at events, tournaments, and festivals (e.g., event permit, event vendor agreement, facility rental agreement, event hauler agreement), consistent with city codes and County Ordinance 110. 9. Gap Funding Description of Expense Person Responsible: Name and Title Cost Basis Calculation Funding Request Jan-Jun Actual Jul-Dec Actual Total 2025 Staff salary to administer Grant Requirements listed below APPLE VALLEY Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 36 # Hours: 24 # Hours: 5 2,664 1,392 100 BURNSVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 38 # Hours: 27 # Hours: 5 2,812 1,566 100 EAGAN Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician # Hours: 40 # Hours: 30 # Hours: 5 2,960 1,740 100 Dakota County Contract #DCA22274 Exhibit 2 - Page 20 of 22 Page 140 of 315 21 | Page Name: N/A Title: Env. Intern LAKEVILLE Name: Jackson Becker Title: Env. Specialist Name: Cassidy Carlisle Title: Env. Technician Name: N/A Title: Env. Intern # Hours: 40 # Hours: 30 # Hours: 5 2,960 1,740 100 Expense (copied from eligible expenses above): Base Funding #2: Residential Communications Design software subscription Eagan E-Guide printing (100% dedicated to 4 required articles) Jackson Becker, Env. Spec 100 x (3) 300 Cassidy Carlisle, Env. Tech 2,800 2,800 Expense (copied from eligible expenses above): Base Funding #3: Municipal Facilities Verification Municipal waste abatement infrastructure 5 sets of outdoor recycling barrels and lids/city for parks in need of recycling identified in 2024 verifications Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech 170 x (5 sets) = 850/city 3,400 Expense (copied from eligible expenses above): Supplemental Funding #5: Multifamily mailings (Lone Oak Printing) Printing, prep, and postage for annual mailers to all apartments and townhomes AV: 104 properties BV: 118 properties Eagan: 106 properties LV: 70 properties Jackson Becker, Env. Spec 3.55 x (104) 3.55 x (118) 3.55 x (106) 3.55 x (70) 1,413 Expense (copied from eligible expenses above): Supplemental Funding #6: Reduce/Reuse E-newsletters for promotion of swap events Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech 1,500 x (4) 6,000 Expense (copied from eligible expenses above): Supplemental Funding #8: Event Recycling Eagan Food Truck Fest, August Jackson Becker, Env. Spec Cassidy Carlisle, Env. Tech 10-yd recycling container = 2,000; Recycling staff assistance = 1,060 3,060 Other: Click here to enter text Funding Request Total* - - 35,207 Matching Funds: name, title, and activities - - - Minimum Grant Requirements (Deliverables) A. Complete, or make progress toward completing, one or more waste abatement projects included in eligible grant categories above, for which additional funding is needed, with first priority given to filling funding gaps in Base Funding categories, second priority given to filling gaps in Supplemental Funding categories, and third priority given to conducting waste abatement activities that are not included in Base Funding or Supplemental Funding, with prior written County liaison approval. Dakota County Contract #DCA22274 Exhibit 2 - Page 21 of 22 Page 141 of 315 22 | Page C. Application Summary Description of Expense TOTAL Jan-Jun Actual Jul-Dec Actual Total 2025 Total Base and Supplemental Funding Staff Hours (Combined) 4,760 hours Total Base and Supplemental Funding Staff Expense (Combined) 286,560.00 Total Base and Supplemental Funding Request (Combined) 347,190.00 Total Base and Supplemental Matching Funds (Combined) 132,050.00 (38% of funding request) Total Base and Supplemental Diversion Potential (Combined) 115 measured tons D. Authorized Signatures Application for January 1, 2025 – December 31, 2025 Due: October 1, 2024 Authorized Representative (Contract Signatory): Mark Ray Title: Burnsville Public Works Director Signature (electronic signature acceptable): Date: 11/19/2024 Report and Reimbursement Request for January 1, 2025 – June 30, 2026 Due: July 15, 2025 I, the undersigned, certify that this report was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. Authorized Representative (Contract Signatory): Title: Signature (electronic signature acceptable): Date: Total Reimbursement Request: Report and Reimbursement Request for July 1, 2025 – December 31, 2026 Due: January 15, 2026 I, the undersigned, certify that this report was prepared under my direction or supervision, and that the information is true, accurate, and complete to the best of my knowledge. Authorized Representative (Contract Signatory): Title: Signature (electronic signature acceptable): Date: Total Reimbursement Request: Dakota County Contract #DCA22274 Exhibit 2 - Page 22 of 22 Page 142 of 315 Date: 12/16/2024 Agreement with Hartman Companies, Incorporated for Grand Prairie Park Field Drainage Improvements: CIP #24-20 Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with Hartman Companies, Inc. for Grand Prairie Park Field Drainage Improvements, CIP #24-20. Overview The construction of Grand Prairie Community Park was one project as part of the successful Park Bond Referendum in November of 2021. The project includes the construction of pickleball courts, athletic decks, playground, splash pad, challenge course, cricket pitch, trails and baseball complex. Extensive grading, site corrections and installation of stormwater ponding has been completed to support the irrigation of the six athletic decks at the site. The athletic decks will accommodate soccer, lacrosse, cricket and baseball. For the scope of the drainage work improvements outlined in Bid Package #4, a total of three competitive bids were opened on December 6. The base bids ranged from a low of $477,075.00 to a high of $560,689.04. The engineer’s cost estimate on this portion of the project was $550,000.00. Staff is recommending approval of an agreement with Hartman Companies, Inc. for field drainage improvements on all six athletic decks at Grand Prairie Park at a cost of $477,075.00. The work includes the furnishing and installation of 2” lateral drainage lines on all decks with 4” collector drainage pipes that will convey runoff to the existing stormwater ponds. The contractor will also install a 12” turf area drain basin with 12” drop-in-grates to be located at the collection drain corners within the soccer decks. The contractor will also be responsible for backfill and site restorations. Supporting Information 1. Park Location Map 2. December 6, 2024 Bid Tabulation Summary 3. Agreement with Hartman Companies, Incorporated Financial Impact: $477,075.00 Budgeted: Yes Source: Park Bond Referendum Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Page 143 of 315 Report Completed by: Joe Masiarchin, Parks and Recreation Director Page 144 of 315 Avonlea Community Park Esri, NASA, NGA, USGS, FEMA, Esri Community Maps Contributors, County of Dakota, Metropolitan Council, MetroGIS, Three Rivers Park District, © Parks Community Park Neighborhood Park Municipal Boundary Trails General Purpose Trail Sidewalk Boardwalk Playground Points Restroom 3/14/2024, 11:24:53 AM 0 0.1 0.20.05 mi 0 0.15 0.30.07 km 1:9,028 ArcGIS Web AppBuilder Esri, NASA, NGA, USGS, FEMA | Esri Community Maps Contributors, County of Dakota, Metropolitan Council, MetroGIS, Three Rivers Park District, © OpenStreetMap, Microsoft, Esri, TomTom, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA,Page 145 of 315 BID TABULATION CITY OF LAKEVILLE Grand Prairie Park – Bid Pack #4 Field Drainage Improvements Friday, December 6, 2024 – 2:00 p.m. Contractor Bid Bond RCVF Ad. 1 Ad. 2 Base Bid Hartman Companies X X X X $477,075.00 Grit Contracting X X X X $560,689.04 ACM LLC X X X X $560,857.70 Engineer’s Estimate $550,000.00 H:\Projects\16000\16311-01\LA\Docs\16311.01_GPP Bid Pack #4_Bid Tab-final_120624.docx Page 146 of 315 Page 147 of 315 Page 148 of 315 Page 149 of 315 Page 150 of 315 Page 151 of 315 Page 152 of 315 Page 153 of 315 Date: 12/16/2024 Fire Service Agreement Eureka Township Proposed Action Staff recommends adoption of the following motion: Move to approve the Fire Services Agreement between the City of Lakeville and Eureka Township. Overview The City of Lakeville has contractually provided fire services to the western half of Eureka Township for decades while the City of Farmington serves the eastern half. The proposed agreement is for a three-term with all terms and conditions consistent with those of prior agreements. Eureka Township has agreed to reimburse the City of Lakeville $64,478; $74,567; and $76,778 for the years 2025–2027 respectively. The Eureka Town Board has reviewed this and is scheduled to approving it at the December 10, 2024, meeting. Supporting Information 1. Lakeville_Eureka Fire contract. Financial Impact: $64,487 Budgeted: No Source: General Fund Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Michael Meyer, Fire Chief Page 154 of 315 Page 155 of 315 Page 156 of 315 Page 157 of 315 Page 158 of 315 Date: 12/16/2024 Resolution Accepting Donations to the Lakeville Parks & Recreation Department in the 4th Quarter of 2024 Proposed Action Staff recommends adoption of the following motion: Move to approve resolution accepting donations to the Lakeville Parks & Recreation Department in the fourth quarter of 2024. Overview Donations from various sources were received by the Lakeville Parks & Recreation Department. Please see the supporting information for details. Included in this quarter’s donations are Aged Household Credits. These credits are moved from individual households to the scholarship fund after 18 months of non-use. Participants in Parks and Recreation programs acknowledge this policy at the time of enrollment and/or cancelation of any program. On behalf of our department, we sincerely thank these individuals and businesses for their generosity. Supporting Information 1. Q4 List of Donors Financial Impact: $NA Budgeted: No Source: Donations Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Joe Masiarchin, Parks & Recreation Director Page 159 of 315 Individual or Business Donation Purpose Beehive $100.00 Red Hat Chorus Happy Harry's Furniture $89.00 Active Adults General Use Metronet $500.00 2025 Youth Ice Fishing Contest Meghan Brown $2.00 Youth Scholarship Pamela Steinhagen $1,000.00 Memorial Bench Jane Phillips $1,000.00 Memorial Bench Loeffler $150.00 Lights for Haunted Forest Mens Golf Scramble $150.00 Active Adults General Use Sarah Szymankowski $1,000.00 Memorial Bench Three Links Care Center $50.00 Red Hat Chorus TOTAL $3,852.00 Page 160 of 315 Date: 12/16/2024 Approve 2024 Financial Metrics Report Proposed Action Staff recommends adoption of the following motion: Move to approve the 2024 Financial Metrics Report Overview The City’s Financial Sustainability and Resiliency Policy established strategic financial sustainability and resiliency principles, including pay-as-you-go goals for different asset classifications. The Fund Balance Policy established financial management targets. City Staff and the Finance Committee believe that it is important for the City Council to monitor some of these metrics and goals on a regular basis to determine how they could impact the development of the annual budget and long-term financial plans, as well as the City’s Aaa bond rating. A draft report was presented to the Finance Committee at their November 13, 2024 meeting and to the City council at their December 9, 2024 work session. The report has been updated to reflect current Moody’s credit rating factors and debt information. The Finance Committee anticipates that this report will be updated and presented to the City Council on an annual basis. Supporting Information 1. Lakeville 2024 Financial Metrics Report Financial Impact: $0 Budgeted: Yes Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 161 of 315 CITY OF LAKEVILLE FINANCIAL PERFORMANCE METRICS December 16, 2024 Page 162 of 315 EXECUTIVE SUMMARY The purpose of this report is to provide the Council with an update on the City’s progress towards goals identified in City policy and highlight strengths, weaknesses, and potential challenges to our Aaa rating as noted by the City’s credit rating agency, Moody’s Investors Services. This report is a high- level-overview of the City’s metrics to the financial guidelines adopted by the City. The City of Lakeville, Minnesota, adopted the Financial Sustainability and Resiliency Policy in January 2020. The purpose of the policy is to establish strategic financial sustainability and resiliency principles for the City of Lakeville, whic h may be used when developing the annual budget, long-term financial plans, and when making critical financial, economic development and community development decisions. The City recently updated its Fund Balance Policy to reflect financial management targets in all of its Enterprise Funds (utility funds and liquor fund), language supporting pay-as-you-go goals for its capital project funds and funding the compensated leave fund. The City strives to maintain a strong Aaa Credit Rating. Additional factors that are important to be aware of and understand include the factors identified by Moody’s in their May 2024 Credit Opinion. These factors are identified as items that could result in a credit downgrade if they occur. There are no factors that are identified which could result in a credit upgrade, as the City holds the highest credit rating available. The factors identified by Moody’s that could lead to a downgrade include: • Deterioration of available fund balance ratio below 50% (this includes Enterprise funds from Moody’s perspective, not just General fund) • Growth in long-term liabilities ratio above 300% The following charts show some metrics that the Finance Committee believes are important for the City Council to monitor on a regu lar basis. They include some independently calculated key local government indicators that Moody’s considers when assigning a credit rating. Page 163 of 315 Page 164 of 315 Lakeville experienced a 22.0% growth in market value in 2023 of which 17.9% was an increase in valuation for existing properties and 4.1% was from new construction. Market valuations in 2024 and preliminary 2025 have stabilized. (500,000,000) - 500,000,000 1,000,000,000 1,500,000,000 2,000,000,000 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Market Value Growth 2012-2025 Valuation New Construction Page 165 of 315 The following charts show the distribution of the taxable market values in 2012 and preliminary 2025. Residential properties still comprise about 83% of the City’s tax base despite the $7.9 billion increase. Commercial properties decreased their percent share. Industrial properties and apartments increased their percent share. 82.5% 10.3% 2.8%2.1%2.3%Taxable Market Value 2012 TMV-Residential TMV-Commercial TMV-Industrial TMV-Apartments TMV-Other 83.2% 5.5% 5.6%4.6%1.0%Taxable Market Value 2025 TMV-Residential TMV-Commercial TMV-Industrial TMV-Apartments TMV-Other 0.01.02.03.04.05.06.07.08.09.010.011.012.0 TMV-Residential TMV- Commercial TMV-Industrial TMV- Apartments TMV-OtherBillionsTaxable Market Value 2012 2025 Preliminary 2012 2025 TMV-Residential 4,150,860,458 10,794,032,112 TMV-Commercial 517,526,200 719,394,600 TMV-Industrial 142,391,700 726,595,800 TMV-Apartments 103,163,200 600,782,400 TMV-Other 116,061,606 127,775,082 5,030,003,164 12,968,579,994 Taxable Market Value Page 166 of 315 FUND BALANCE RATIO – GENERAL FUND The City will endeavor to maintain an unrestricted (committed, assigned and unassigned) fund balance in the General Fund of an amount between 40% and 50% of the next year’s budgeted expenditures of the General Fund, exclusive of federal or state government transfers. This will assist in maintaining an adequate level of fund balance to provide for infrastructure or staffing adjustments, cash flow requirements a nd contingency needs. In addition, the City will consider the quantitative impact on the credit rating when esta blishing the level of fund balance recognizing that a higher level of fund balance (as a ratio) and increasing fund balance is a credit positive. 2020: Included federal grant revenues (CARES Act) and higher than forecasted building permit revenues. 2021: Included grant revenues and higher than forecasted development and building permit revenues. 2022: Included federal grant revenues (American Rescue Plan Act) of $5.1 million. 0.25 0.35 0.45 0.55 0.65 0.75 0.85 YE 2017 YE 2018 YE 2019 YE 2020 YE 2021 YE 2022 YE 2023 Projected YE 2024 Projected YE 2025 General Fund Fund Balance Target Range Page 167 of 315 DEBT LIMITATIONS AND GOALS Growth in long-term liabilities ratio above 300% could lead to a downgrade in the credit rating by Moody’s Investors Service. Moody’s Investors Services – Credit Opinion - Leverage – May 31, 2024 It is appropriate for the City to invest in new infrastructure assets that are paid for by both current and future tax and rate payers. The level of borrowings should be consistent with the City’s Debt Policy. The City supports funding one hundred percent (100%) of depreciation of Pay-As-You-Go Strategy achieved per the following asset classification chart: *See individual plans for further description Page 168 of 315 The following charts shows the current (2024) tax levy plus adjustments through 2030 to be funding 100% of depreciation. For more detailed information, or for data on years 2031-2034 for these Plans, please see the 2025-2029 Capital Improvement Plan document located on the City’s website. Significant increases in the tax levy will be needed for the Equipment Plan; sm aller increases will be needed for the Facilities Plan; and moderate increases are needed for the Technology Plan. The Equipment Plan, as adopted, included no contributions from General Fund in 2024 or 2025, and $500k contributions from the Liquor Fund in 2025, $650k in 2026 & 2027, and $780k/year thereafter. Staff’s review of the Liquor funds’ reserves suggested that these contributions could easily be increased to $900k in 2025, $850k in both 2026 & 2027, $980k in 2028 and $780k thereafter – and the $200k levy in 2025 could be removed. The proposed 2025 levy excludes this $200k. Page 169 of 315 The Facilities Plan, as adopted, included no contribution from the General Fund in 2024 or years thereafter, and annual levy appropriations of $100k- $400k in years 2025-2030. Upon further review by staff, the $100k levy for 2025 was determined unnecessary and is currently not included in the 2025 proposed levy. The Technology Plan, as adopted, included a $215k contribution from the General Fund in 2024 and no contributions in the subsequent years. Annual levy appropriations of $300k-$550k beginning in 2025 are necessary to meet our pay-as-you-go strategy. A summary of tax levy projections and impacts based on growth assumptions, debt issuance projections, and a pay-as-you-go strategy for vehicles and equipment and building major repair and maintenance is shown in Appendix 1. Page 170 of 315 The 2025-2029 Capital Improvement Plan (CIP) included approximately $115 million of debt. If the City establishes franchise fees beginning in 2025 to cover the principal and interest of the Public Safety facilities bond issuances, the tax levy will not be impacted. The following chart is the summary of the projects planned to be financed with bonds as included in the CIP (street reconstruction, utility, facilities, etc.): The following charts reflect projected debt balances, debt per capita and debt per households based on the adopted 2025-2029 CIP. Disclaimer- years 2030 forward do not necessarily include all new capital projects. Bond Issuance Year 2025 2026 2027 2028 2029 2025-2029 Improvement Construction 4,828,245 3,915,707 6,630,000 7,253,425 4,634,719 27,262,096 Facilities (Public Safety)17,792,608 15,761,750 15,328,816 16,643,613 - 65,526,787 Building Fund (CMF)17,000,000 - 17,000,000 Water Treatment Facility 5,000,000 - 5,000,000 22,620,853 19,677,457 43,958,816 23,897,038 4,634,719 114,788,883 Page 171 of 315 As of June 12, 2023, Moody’s Investors Services reflects a median 2021 debt per capita of $2,197 for US cities with populations over 50,000 and a Aaa rating using the following calculation: Debt / Population = Debt Per Capita $230,847,000 / 105,087 = $2,197 As of October 16, 2024, Moody’s has not released a more updated Cities and Counties Medians report. As shown in the chart above, the City of Lakeville 2022 debt per capita is lower than the median debt per capita for US cities with populations over 50,000 and a Aaa rating. Page 172 of 315 Page 173 of 315 ENVIRONMENTAL, SOCIAL, AND GOVERNANCE (ESG) Environmental, Social, and Governance (ESG) considerations are becoming more important and prominent in the analysis of the financial health of governmental entities. This is shown by the recent inclusion of ESG consideration discussions in credit rating reports and i n investor publications. Here is what Moody’s says about Lakeville in the May 31, 2024 credit opinion: The following appendices are included as part of this report: Appendix 1 – Long-Term Financial Plan (Presented to City Council on September 23, 2024) Appendix 2 – Outstanding Debt Appendix 3 – Definitions Page 174 of 315 APPENDIX 1 – Long-Term Financial Plan Presented to the City Council on September 23, 2024. Projections do not reflect the tax impacts of a full -time fire department. Page 175 of 315 APPENDIX 2 – Outstanding Debt Page 176 of 315 APPENDIX 3 – Definitions of the terms used by Moody’s Investors Services: Page 177 of 315 Date: 12/16/2024 Approval of InvoiceCloud Amendment No.1 to Biller Agreement Proposed Action Staff recommends adoption of the following motion: Move to approve Amendment No.1 to the Biller Agreement with InvoiceCloud. Overview The City departed from the LOGIS consortium for its financial and utility billing software. Upon completion of the RFP process for a new Enterprise Resource Planning (ERP) system, the City chose and contracted with BS&A Software Inc. in February 2023. InvoiceCloud was the preferred vendor through BS&A at that time. The existing payment system (PSN) the City has used since 2017 has limitations and is being phased-out. The increased functionality of the BS&A software will allow for multiple payment options across most City departments – utilizing the InvoiceCloud payment platform. City staff have explored the InvoiceCloud capabilities and are confident it will increase self-service, decrease manual collections in payment processing, fully integrate with other BS&A modules (i.e. building permits). Due to PCI compliance issues with InvoiceCloud for card-present payments, the initial agreement approved by Council on July 15, 2024 had to be amended to accommodate such payments from our customers. The City will continue to absorb the processing fees for ACH and EFT payments. The processing and interchange fees for credit and debit card payments will be absorbed by the payers. Several benefits of this payment portal for the payers include: a) linking multiple accounts and bill types together for easy payment in one place; b) one-time and recurring payment options; c) paperless billing options; d) email/text reminders with payment links for payment-ease; and e) 24 months of billing and payment history. Several efficiencies on the City’s side of the portal will be gained with this change. The City Attorney has reviewed the amended InvoiceCloud agreement. Supporting Information 1. Amendment No.1 to InvoiceCloud Biller Agreement Page 178 of 315 Financial Impact: $ varies Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 179 of 315 1 AMENDMENT NO. 1 TO THE BILLER AGREEMENT THIS AMENDMENT NO. 1 TO THE BILLER AGREEMENT (“Amendment”), effective as of December 20, 2024 (“Amendment No. 1 Effective Date”), is made and entered into by and between City of Lakeville, MN (“Biller”), and Invoice Cloud, Inc, a Delaware corporation having a principal place of business at 30 Braintree Hill Office Park, Suite 303, Braintree, Massachusetts 02184 (“Invoice Cloud”). Biller and Invoice Cloud may be referred to herein separately as a “Party” and collectively as “Parties.” Capitalized terms used herein shall have the meanings ascribed to them in the Biller Order Form and Biller Agreement (as defined below) unless expressly defined herein. RECITALS WHEREAS, the Parties entered into that certain Biller Order Form dated July 15, 2024; WHEREAS, the Biller Order Form incorporates by reference that certain Biller Agreement entered into by the Parties July 15, 2024 (the Biller Order Form and Biller Agreement collectively comprising the “Invoice Cloud Service Agreement”); WHEREAS, the Parties now desire to modify the scope of the Services provided by Invoice Cloud and to extend the term of the Invoice Cloud Service Agreement upon the terms and conditions set forth herein; and WHEREAS, to that end, the Parties desire to amend the Biller Agreement as set forth below. NOW THEREFORE, in consideration of the above recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows: 1. AMENDMENT OF BILLER AGREEMENT. This Amendment hereby amends and revises the Biller Agreement and Biller Order Form to incorporate the terms and conditions set forth in this Amendment. The relationship of the Parties shall continue to be governed by the terms of the Invoice Cloud Service Agreement, as amended. 2. MODIFICATIONS TO BILLER AGREEMENT. The Biller Agreement is modified as follows: 2.1 Section 1 of the Biller Agreement (“License Grant & Restrictions”) is hereby amended by DELETING the last sentence of the second paragraph and REPLACING it with the following: Page 180 of 315 2 “Throughout the Term of this Agreement, for “Invoice Types” listed on the Biller Order Form (e.g., real estate taxes, utility bills, parking tickets, insurance premium, loans, etc.), Biller will not use the credit card processing, ACH or check processing of any bank, payment processor, entity, or person, for payment acceptance from its Customers, other than through Invoice Cloud via electronic data transmission or the authorization for processing of Biller’s Customers’ Payment Instrument Transactions, for each electronic payment method selected in the Biller Order Form. Notwithstanding the foregoing, it will not be a violation of this Agreement for Biller to utilize the services of a provider other than Invoice Cloud for the acceptance of in-person payments whereby Customers pay Biller for amounts due (including for those “Invoice Types” listed on the Biller Order Form) through a card reader or other device at Biller’s offices or locations.” 2.2 Section 6 of the Biller Agreement (“Term and Termination”) is hereby DELETED in its entirety and REPLACED with the following provision: “This Agreement shall commence as of the execution date of the Biller Order Form and continue until January 1, 2030 (“Initial Term”), and will automatically renew for each of additional successive three (3) year terms (“Renewal Term”) unless terminated as set forth herein. The parties hereby acknowledge and agree that the Biller Order Form was executed on July 15, 2024. “Term” as used herein shall mean the Initial Term and any Renewal Term. This Agreement may be terminated by either party effective at the end of the Initial Term or any Renewal Term by such party providing written notice to the other party of its intent not to renew no less than ninety (90) days prior to the expiration of the then-current term. Additionally, this Agreement may be terminated by either party with cause in the event of a material breach of the terms of this Agreement by the other party and the breach remains uncured for a period of 30 days following receipt of written notice by the breaching party. Upon any early termination of this Agreement by Invoice Cloud as a result of breach, Biller shall remain liable for all fees and charges incurred, and all periodic fees owed through the end of the calendar month following the effective date of termination. Upon any termination or expiration of this Agreement, Biller’s password and access will be disabled and Biller will be obligated to pay the balance due on Biller’s account. Biller agrees that Invoice Cloud may charge such unpaid fees to Biller’s Debit Account or credit card or otherwise invoice Biller for such unpaid fees.” 2.3 The Section titled “Hardware” of the Biller Order Form 6 is hereby DELETED in its entirety. 3. GENERAL TERMS. In the event of a conflict between the terms set forth in this Amendment and the terms of the Invoice Cloud Service Agreement, the terms set forth in this Amendment shall control and prevail. Except as set forth in this Amendment, all other terms and conditions of the Invoice Cloud Service Agreement shall remain unmodified. Invoice Cloud hereby irrevocably waives any claim of breach by Biller of the exclusivity provision contained in Section 1 of the Agreement from Page 181 of 315 3 July 15, 2024 through the Amendment No. 1 Effective Date. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the Parties hereto have, by and through their duly authorized representatives, executed this Amendment No. 1 to the Biller Agreement effective as of the Amendment No. 1 Effective Date first set forth above. Invoice Cloud, Inc. Biller By: By: Name: Name: Title: Title: Date: Date: Page 182 of 315 Date: 12/16/2024 Encroachment Agreement with Youngfield Homes for Private Improvements in Public Easements Proposed Action Staff recommends adoption of the following motion: Move to approve Encroachment Agreement with Youngfield Homes for private improvements in public easements. Overview Youngfield Homes (18885 Javelin Way) requests approval for existing privately-owned and maintained retaining walls in public easements. The property owner will own and maintain the walls and is responsible for removing the private improvements if the City determines the public easements must be utilized. Supporting Information 1. Encroachment Agreement Financial Impact: $0 Budgeted: No Source: N/A Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Michael Kutz, Civil Engineer Page 183 of 315 Page 184 of 315 Page 185 of 315 Page 186 of 315 Page 187 of 315 Page 188 of 315 Date: 12/16/2024 Spectrum Mid-America, LLC (Charter Cable Partners, LLC) Franchise Extension Proposed Action Staff recommends adoption of the following motion: Move to adopt a resolution granting an extension of the current franchise agreement with Spectrum Mid-America, LLC (Charter Cable Partners, LLC) from December 31, 2024, to December 31, 2025. Overview The original franchise agreement with Charter/Spectrum was approved by the City Council in 1998 and was up for renewal in 2013. The city began negotiations with Charter/Spectrum to renew the franchise for another 15 years, but neither party could agree on the terms prior to expiration of the agreement. Charter/Spectrum indicated they would prefer to continue with the existing franchise with annual extensions. Staff recommends a one-year extension of the current franchise agreement to December 31, 2025. Supporting Information 1. Resolution 2024 Financial Impact: $N/A Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Allyn Kuennen, Assistant City Administrator Page 189 of 315 CITY OF LAKEVILLE RESOLUTION NO. Granting Spectrum Mid-America, LLC (Charter Cable Partners, LLC) A franchise extension to December 31, 2025 WHEREAS, on or about October 26, 1998, the City of Lakeville, Minnesota (“City”) adopted a Cable Television Franchise Agreement (“Franchise”), which is currently held by Spectrum Mid- America, LLC (“Charter”); and WHEREAS, the initial term of the Franchise expired on or about November 1, 2013; and WHEREAS, Charter/Spectrum has requested renewal of the Franchise; and WHEREAS, Charter/Spectrum executed Resolution No. 22-166 and agreed to continue complying with the Franchise, as amended by the Resolution; and WHEREAS, the City and Charter/Spectrum are interested in continuing informal renewal negotiations, and desire to extend the current Franchise term from December 31, 2024 through and including December 31, 2025; and WHEREAS, the City and Charter/Spectrum desire to extend the term of the Franchise to facilitate renewal negotiations under state and federal law. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota: 1. The Franchise is hereby amended by extending the term of the Franchise from January 1, 2025 through the date on which Charter/Spectrum’s Franchise is either renewed or until and including December 31, 2025. 2. Except as specifically modified hereby, the Franchise shall remain in full force and effect. 3. The City and Charter/Spectrum hereby agree that neither waives any rights either may have under the Franchise or applicable law. 4. This resolution shall become effective upon the occurrence of both of the following conditions: (1) The resolution being adopted by the Lakeville City Council; and (2) Charter/Spectrum’s acceptance of the resolution. Adopted by the City Council of Lakeville, Minnesota, this 16th day of December 2024. CITY OF LAKEVILLE, MINNESOTA Page 190 of 315 By: Luke M. Hellier, Mayor ATTEST: Ann Orlofsky, City Clerk ACCEPTANCE Spectrum Mid-America, LLC (Charter Cable Partners, LLC), hereby acknowledges the City of Lakeville Resolution No. and hereby accepts the terms, provisions and recitals of the resolution and agrees to be bound by the Franchise to the extent consistent with applicable laws. DATED: ___________________, 20_____ Spectrum Mid-America, LLC By: Its: Page 191 of 315 Date: 12/16/2024 Amended Communications Site Lease Agreement with Dish Wireless LLC. Proposed Action Staff recommends adoption of the following motion: Move to approve an amended communications site lease agreement with Dish Wireless LLC. Overview Earlier this year the city approved a lease with Dish Wireless to install their equipment on the Fire Station 4 monopole. Since that approval, Dish Wireless has requested to revise the location of their fiber line connection from underneath the fire station’s parking lot to run along the back of the curb of the parking lot in the grass area towards the east. This will provide a direct connection from the existing fiber service along 185th Street to the cell tower, eliminating any potential settling of the paved surface of the parking lot. Attached for City Council consideration is the amended lease with Dish Wireless reflecting the proposed relocation of the fiber connection. Supporting Information 1. MSMSP00456B_First Amendment 12.9.24 Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Allyn Kuennen, Assistant City Administrator Page 192 of 315 Tenant Site Number: MNMSP00456B 1 FIRST AMENDMENT TO COMMUNICATION SITE LEASE AGREEMENT This FIRST AMENDMENT TO COMMUNICATION SITE LEASE AGREEMENT (“First Amendment”) is made and effective as of the date the last Party executes this First Amendment (“First Amendment Effective Date”), by and between City of Lakeville, a municipal corporation under the laws of the State of Minnesota, having a place of business at 20195 Holyoke Avenue, Lakeville, MN 55044 (“Landlord”), and DISH Wireless L.L.C., a Colorado limited liability company, having a place of business at 9601 S. Meridian Blvd., Englewood, Colorado 80112 (“Tenant”). Landlord and Tenant are referred to individually in this First Amendment as the “Party” and collectively as the “Parties.” RECITALS A. Landlord and Tenant have entered into that certain Communication Site Lease Agreement dated September 16, 2024 (the “Agreement”). B. Pursuant to the Agreement, Landlord leases to Tenant that certain Leased Premises, located at 9465 185th Street West, Lakeville, MN 55044 and more particularly described in the Agreement, for the installation, operation, maintenance and management of the Tenant’s Communication Facilities. C. Landlord and Tenant now desire to amend the Agreement, as set forth below. AGREEMENT NOW THEREFORE, intending to be legally bound by this First Amendment, the Parties agree as follows: 1.Recitals. The Recitals above are specifically incorporated in this First Amendment by this reference. 2.Legal Description. Exhibit A to the Agreement is deleted in its entirety and replaced with the attached Exhibit A-1. Upon the First Amendment Effective Date, all references to the Legal Descriptions in the Agreement are amended to refer to Exhibit A-1, as modified by this First Amendment pursuant to the terms and conditions of the Agreement. 3.Site Survey. Exhibit B to the Agreement is deleted in its entirety and replaced with the attached Exhibit B-1. Upon the Effective Date, all references to the Site Survey in the Agreement are amended to refer to Exhibit B-1, as modified by this First Amendment pursuant to the terms and conditions of the Agreement. 4.Unmodified Provisions and Ratification. This First Amendment is not intended to and does not alter, amend or modify any other portions of the Agreement, except as expressly set forth herein. The Agreement and all terms, conditions, obligations and covenants of the Agreement remain and continue in full force and effect, and the Parties hereby ratify and confirm the Agreement. This First Amendment is binding upon and inures to the benefits of the Parties’ heirs, personal representatives, successors and assigns. All capitalized terms contained in this First Amendment have the meaning given to such terms in the Agreement, unless otherwise defined herein. 5.Required Consents. Landlord and Tenant each represent and warrant that it has obtained all required consents to enter into this First Amendment. Page 193 of 315 Tenant Site Number: MNMSP00456B 2 6.Counterparts. This First Amendment may be executed in a number of identical counterparts. If so executed, the counterparts collectively constitute one agreement, binding on the Parties, notwithstanding that all the Parties are not signatories to the original or the same counterpart. Execution of this First Amendment by facsimile or electronic signature is effective in creating a binding agreement and, if requested, the Parties may exchange original signed counterparts. [Remainder of page intentionally left blank. Signature page follows.] Page 194 of 315 Tenant Site Number: MNMSP00456B 3 IN WITNESS WHEREOF, the Parties have caused their duly authorized representatives to execute this First Amendment as of the First Amendment Effective Date. LANDLORD: CITY OF LAKEVILLE BY: _______________________________ Luke M. Hellier, Mayor BY: _______________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2024, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk, respectively, 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 TENANT: DISH WIRELESS L.L.C. Date: _______________, 2024 BY: ______________________________ Name: _______________________ Title: _______________________ STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2024, by __________________________________, the ____________________, of DISH Wireless L.L.C., a Colorado limited liability company on behalf of the company. _____________________________________ Notary Public Page 195 of 315 Tenant Site Number: MNMSP00456B 4 EXHIBIT A-1 REVISED LEGAL DESCRIPTIONS (1) LEGAL DESCRIPTION OF PROPERTY Lot 2, Block 1, King Creek Greenway Addition, according to the recorded plat thereof on file and of record in the office of the County Recorder in and for Dakota County, Minnesota. This property is Abstract. Parcel ID#: 22-41780-01-020 This being the same property conveyed to City of Lakeville, a Minnesota municipal corporation from Housing and Redevelopment Authority of Lakeville, Minnesota, a public body corporate and politic in a Warranty Deed dated February 14, 2012, and recorded March 5, 2012, as Instrument No. 2853147, in Dakota County, Minnesota. (2) LEGAL DESCRIPTION OF LEASED PREMISES A PARCEL OF LAND, BEING A PART OF AND LYING ENTIRELY WITHIN LOT 2 OF BLOCK 1 IN KING CREEK GREENWAY ADDITION IN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG AND UPON THE SOUTH LINE OF SAID LOT 2, SAID SOUTH LINE ALSO BEING THE NORTHERLY RIGHT-OF-WAY OF C.S.A.H. NO. 60 (A.K.A. 185TH ST. W.), SOUTH 89°36'46" EAST, A DISTANCE OF 24.51 FEET, TO THE POINT-OF- BEGINNING OF PROPOSED ACCESS/UTILITY EASEMENT; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 01°04'08" EAST, A DISTANCE OF 9.09 FEET (L1); THENCE NORTHEASTERLY 34.90 FEET ON A TANGENTIAL CURVE CONCAVE TO THE SOUTHWEST, WITH A RADIUS OF 22.00 FEET, BEARING NORTH 46°30'52" EAST, A CHORD DISTANCE OF 31.35 FEET; THENCE SOUTH 88°02'24" EAST, A DISTANCE OF 205.23 FEET (L2); THENCE NORTHWESTERLY 32.23 FEET ON A TANGENTIAL CURVE CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 19.77 FEET, BEARING NORTH 36°59'54" EAST, A CHORD DISTANCE OF 28.78 FEET; THENCE NORTH 12°17'26" WEST, A DISTANCE OF 170.56 FEET (L3); THENCE NORTH 77°42'34" EAST, A DISTANCE OF 56.13 FEET (L4); Page 196 of 315 Tenant Site Number: MNMSP00456B 5 THENCE NORTH 12°29'15" WEST, A DISTANCE OF 30.10 FEET (L5), TO THE SOUTHWEST CORNER OF PROPOSED LEASE AREA, SAID POINT ALSO BEING THE POINT-OF-BEGINNING; THENCE NORTH 12°29'15" WEST, A DISTANCE OF 13.00 FEET (L13); THENCE NORTH 77°30'45" EAST, A DISTANCE OF 11.00 FEET (L14); THENCE SOUTH 12°29'15" EAST, A DISTANCE OF 13.00 FEET (L15); THENCE SOUTH 77°30'45" WEST, A DISTANCE OF 11.00 FEET (L16), TO THE POINT- OF-BEGINNING; CONTAINING 143 SQUARE FEET (0.003 ACRES) MORE OR LESS. SUBJECT TO INGRESS AND EGRESS, OVERHEAD POWER LINE, AND ALL EASEMENTS, RESERVATIONS, OR RESTRICTIONS OF RECORD, IF ANY. (3) LEGAL DESCRIPTION OF ACCESS EASEMENTS A 12 FOOT WIDE PARCEL OF LAND, BEING A PART OF AND LYING ENTIRELY WITHIN LOT 2 OF BLOCK 1 IN KING CREEK GREENWAY ADDITION IN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG AND UPON THE SOUTH LINE OF SAID LOT 2, SAID SOUTH LINE ALSO BEING THE NORTHERLY RIGHT-OF-WAY OF C.S.A.H. NO. 60 (A.K.A. 185TH ST. W.), SOUTH 89°36'46" EAST, A DISTANCE OF 24.51 FEET, TO THE POINT-OF- BEGINNING OF PROPOSED ACCESS/UTILITY EASEMENT; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 01°04'08" EAST, A DISTANCE OF 9.09 FEET (L1); THENCE NORTHEASTERLY 34.90 FEET ON A TANGENTIAL CURVE CONCAVE TO THE SOUTHWEST, WITH A RADIUS OF 22.00 FEET, BEARING NORTH 46°30'52" EAST, A CHORD DISTANCE OF 31.35 FEET; THENCE SOUTH 88°02'24" EAST, A DISTANCE OF 205.23 FEET (L2); THENCE NORTHWESTERLY 32.23 FEET ON A TANGENTIAL CURVE CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 19.77 FEET, BEARING NORTH 36°59'54" EAST, A CHORD DISTANCE OF 28.78 FEET; THENCE NORTH 12°17'26" WEST, A DISTANCE OF 170.56 FEET (L3); THENCE NORTH 77°42'34" EAST, A DISTANCE OF 56.13 FEET (L4); Page 197 of 315 Tenant Site Number: MNMSP00456B 6 THENCE NORTH 12°29'15" WEST, A DISTANCE OF 30.10 FEET (L5), TO THE SOUTHWEST CORNER OF PROPOSED LEASE AREA; THENCE ALONG AND UPON THE SOUTHERLY LINE OF SAID LEASE AREA, NORTH 77°30'45" EAST, A DISTANCE OF 12.00 FEET (L6); THENCE SOUTH 12°29'15" EAST, A DISTANCE OF 42.14 FEET (L7); THENCE SOUTH 77°42'34" WEST, A DISTANCE OF 56.17 FEET (L8); THENCE SOUTH 12°17'26" EAST, A DISTANCE OF 158.80 FEET (L9); THENCE SOUTHWESTERLY 53.07 FEET ON A TANGENTIAL CURVE CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 31.77 FEET, BEARING SOUTH 37°35'54" WEST, A CHORD DISTANCE OF 47.11 FEET; THENCE NORTH 88°02'24" WEST, A DISTANCE OF 205.99 FEET (L10); THENCE SOUTHWESTERLY 15.86 FEET ON A TANGENTIAL CURVE CONCAVE TO THE SOUTHWEST, WITH A RADIUS OF 10.00 FEET, BEARING SOUTH 46°30'52" WEST, A CHORD DISTANCE OF 14.25 FEET; THENCE SOUTH 01°04'08 WEST, A DISTANCE OF 8.95 FEET (L11), TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF 185TH ST. W.; THENCE ALONG AND UPON SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 89°36'46" WEST, A DISTANCE OF 12.00 FEET, TO THE POINT-OF-BEGINNING; CONTAINING 6,469 SQUARE FEET (0.15 ACRES) MORE OR LESS. THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE SOUTH PROPERTY LINE. SUBJECT TO 10 FOOT MINNEGASCO UTILITY EASEMENT PER DOC, NO. 1545694 AND DAKOTA ELECTRIC ASSOCIATION UTILITY EASEMENT PER DOC. NO. 1683205, INGRESS AND EGRESS, OVERHEAD POWER LINE, AND ALL EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD, IF ANY. (4) LEGAL DESCRIPTION OF UTILITY EASEMENT #1 A VARIABLE WIDTH PARCEL OF LAND, BEING A PART OF AND LYING ENTIRELY WITHIN LOT 2 OF BLOCK 1 IN KING CREEK GREENWAY ADDITION IN THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG AND UPON THE SOUTH LINE OF SAID LOT 2, SAID SOUTH LINE ALSO BEING THE NORTHERLY RIGHT-OF-WAY OF C.S.A.H. NO. 60 (A.K.A. 185TH ST. W.), SOUTH 89°36'46" EAST, A DISTANCE OF 24.51 FEET, TO THE POINT-OF- BEGINNING OF PROPOSED ACCESS/UTILITY EASEMENT; Page 198 of 315 Tenant Site Number: MNMSP00456B 7 THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 01°04'08" EAST, A DISTANCE OF 9.09 FEET (L1); THENCE NORTHEASTERLY 34.90 FEET ON A TANGENTIAL CURVE CONCAVE TO THE SOUTHWEST, WITH A RADIUS OF 22.00 FEET, BEARING NORTH 46°30'52" EAST, A CHORD DISTANCE OF 31.35 FEET; THENCE SOUTH 88°02'24" EAST, A DISTANCE OF 205.23 FEET (L2); THENCE NORTHWESTERLY 32.23 FEET ON A TANGENTIAL CURVE CONCAVE TO THE NORTHWEST, WITH A RADIUS OF 19.77 FEET, BEARING NORTH 36°59'54" EAST, A CHORD DISTANCE OF 28.78 FEET; THENCE NORTH 12°17'26" WEST, A DISTANCE OF 170.56 FEET (L3); THENCE NORTH 77°42'34" EAST, A DISTANCE OF 56.13 FEET (L4); THENCE NORTH 12°29'15" WEST, A DISTANCE OF 30.10 FEET (L5) TO THE POINT-OF- BEGINNING OF PROPOSED LEASE AREA; THENCE ALONG AND UPON THE WEST LINE OF SAID LEASE AREA, NORTH 12°29'15" WEST, A DISTANCE OF 13.00 FEET (L13) TO THE POINT-OF-BEGINNING; THENCE CONTINUING NORTH 12°29'15" WEST, A DISTANCE OF 7.35 FEET (L17); THENCE SOUTH 77°50'01 WEST, A DISTANCE OF 183.26 FEET (L18); THENCE SOUTH 12°17'25" EAST, A DISTANCE OF 13.72 FEET (L19); THENCE SOUTH 77°42'35" EAST, A DISTANCE OF 14.00 FEET (L20); THENCE NORTH 12°17'25" WEST, A DISTANCE OF 19.75 FEET (L21); THENCE NORTH 77°50'01 EAST, A DISTANCE OF 203.24 FEET (L22); THENCE SOUTH 12°29'15" EAST, A DISTANCE OF 13.32 FEET (L23) TO A POINT ON THE NORTH LINE OF SAID PROPOSED LEASE AREA; THENCE ALONG AND UPON SAID NORTH LINE, SOUTH 77°30'45" WEST, A DISTANCE OF 6.00 FEET, TO THE POINT-OF-BEGINNING; CONTAINING 1,456 SQUARE FEET (0.03 ACRES) MORE OR LESS. SUBJECT TO INGRESS AND EGRESS, OVERHEAD POWER LINE, AND ALL EASEMENTS, RESERVATIONS, OR RESTRICTIONS OF RECORD, IF ANY. (5) LEGAL DESCRIPTION OF UTILITY EASEMENT #2 A 6 FOOT WIDE PARCEL OF LAND, BEING A PART OF AND LYING ENTIRELY WITHIN LOT 2 OF BLOCK 1 IN KING CREEK GREENWAY ADDITION IN THE Page 199 of 315 Tenant Site Number: MNMSP00456B 8 NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 114 NORTH, RANGE 20 WEST, DAKOTA COUNTY, MINNESOTA, AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE ALONG AND UPON THE SOUTH LINE OF SAID LOT 2, SAID SOUTH LINE ALSO BEING THE NORTHERLY RIGHT-OF-WAY OF C.S.A.H. NO. 60 (A.K.A. 185TH ST. W.), SOUTH 89°36'46" EAST, A DISTANCE OF 331.74 FEET, TO THE POINT-OF- BEGINNING; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 09°08'21" WEST, A DISTANCE OF 219.66 FEET TO A POINT ON THE SOUTHERLY LINE OF PROPOSED ACCESS EASEMENT; THENCE ALONG SAID SOUTHERLY LINE, NORTH 77°42'34" EAST, A DISTANCE OF 6.01 FEET; THENCE LEAVING SAID SOUTHERLY LINE, SOUTH 09°08'21" EAST, A DISTANCE OF 220.99 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF C.S.A.H. NO. 60 (A.K.A. 185TH ST. W.); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, NORTH 89°36'46" WEST, A DISTANCE OF 6.08 FEET, TO THE POINT-OF-BEGINNING;; CONTAINING 1,322 SQUARE FEET (0.03 ACRES) MORE OR LESS. THE SIDELINES OF SAID EASEMENT ARE TO BE PROLONGED OR SHORTENED SO AS TO TERMINATE ON THE SOUTH PROPERTY LINE. SUBJECT TO 10 FOOT MINNEGASCO UTILITY EASEMENT PER DOC, NO. 1545694 AND DAKOTA ELECTRIC ASSOCIATION UTILITY EASEMENT PER DOC. NO. 1683205, INGRESS AND EGRESS, OVERHEAD POWER LINE, AND ALL EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD, IF ANY. Page 200 of 315 Tenant Site Number: MNMSP00456B 9 EXHIBIT B-1 SITE SURVEY (Attached)Commented [WE1]: Snips attached for reference in review. Will attach clearer, larger images for final agreement. Page 201 of 315 Tenant Site Number: MNMSP00456B 10 Page 202 of 315 Tenant Site Number: MNMSP00456B 11 Page 203 of 315 Tenant Site Number: MNMSP00456B 12 Page 204 of 315 Date: 12/16/2024 Adoption of 2025 Legislative Priorities Proposed Action Staff recommends adoption of the following motion: Move to approve the 2025 Legislative Priorities Overview Attached to this report are the 2025 City of Lakeville Legislative Priorities. These priorities were discussed at the November 25th Work Session. Edits were made to reflect the priorities that Council provided staff. These priorities will be reviewed with our state and federal representatives at the January City Council Work Session. Supporting Information 1. 2025 Legislative Priorities (Final) Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Taylor Snider, Assistant to the City Administrator Page 205 of 315 City of Lakeville 2025 Legislative Priorities Adopted: December ___________ TABLE OF CONTENTS Primary Legislative Priorities.........................................................................................................................................3 A. Downtown Lakeville Social District......................................................................................................3 B. State Mandates on Local Authority:.....................................................................................................3 Page 206 of 315 2 C. Post Office Improvements:......................................................................................................................3 D. County Road 5/50 Interchange Improvements at Interstate 35:....................................................3 Additional Legislative Priorities....................................................................................................................................5 A. Regulation of Adult-Use Cannabis and Cannabinoid Products:....................................................5 B. Expansion of Wine and Strong Beer Sales in Grocery/C-Stores:...................................................6 C. Elections:......................................................................................................................................................6 D. Met Council Governance:........................................................................................................................6 E. Revenue Restrictions:................................................................................................................................7 F. Data Practices Act: ....................................................................................................................................7 G. Fiscal Disparity Fund Distribution:.......................................................................................................7 H. Targeting Property Tax Relief Directly to Individuals:.....................................................................7 I. Cyber Security............................................................................................................................................8 J. Regulation of Massage Therapists.........................................................................................................8 K. Sales Tax on Local Government Purchases.........................................................................................9 Transportation............................................................................................................................................................10 A. Transportation System Improvement and Maintenance Funding:.............................................10 B. Dan Patch Commuter Rail Corridor:..................................................................................................11 Economic Development............................................................................................................................................11 A. Workforce Readiness:.............................................................................................................................11 B. On-Sale Liquor or Wine Licenses:........................................................................................................12 C. Expansion of the Job Creation Fund (JCF) and Minnesota Investment Fund (MIF):..............12 D. Expansion of Broadband Highspeed Internet:..................................................................................12 E. Tax Increment Financing (TIF): ............................................................................................................13 Housing........................................................................................................................................................................13 A. City Role in Housing:..............................................................................................................................13 Primary Legislative Priorities A. Downtown Lakeville Social District The City of Lakeville is requesting the Minnesota State Legislature grant a special provision to allow the City of Lakeville to designate a “Social District” within the Downtown area, modeled after the City of Anoka legislation adopted in 2022. B. State Mandates on Local Authority: Lakeville opposes statutory changes which erode local control and authority including, but not limited to: Page 207 of 315 3 •Mandates that limit the city’s ability to manage our development standards, zoning regulations, and the use of right-of-way. •Unfunded mandates that cause increased property taxes which impede the city’s ability to fund traditional services. •Regulations prohibiting the imposition of infrastructure fees so new development pays its fair share of the off-site, as well as the on-site, costs of public infrastructure to adequately serve the new development. C. Post Office Improvements: In March of 2021, the United States Postal Service released its 10-year plan, ‘Delivering for America,’ to return the organization to financial sustainability and achieve service excellence while maintaining universal six-day mail delivery and expanding seven-day package delivery. The Lakeville Post Office currently struggles to make consistent daily deliveries to residents, much less expanding to delivery seven days a week. The report indicates the successful implementation of the 10-year plan requires partnership from legislative and regulatory stakeholders. The City of Lakeville has contacted our local elected federal representatives and requested a review of the operations of the Lakeville Post Office. It is essential, for a growing city of over 75,000 residents, that the Federal Government implement improvements to Lakeville’s Post Office including the renovation and expansion of the sorting and distribution facility, upgrades to technology, increased staffing and training, and updated vehicle fleet and logistics to provide improved customer service and consistent and reliable handling, sorting and delivery of mail services. Further, the City desires a path forward to consolidate the city into one contiguous zip code to help avoid confusion related to mailing addresses. D. County Road 5/50 Interchange Improvements at Interstate 35: County Road 5/50 is categorized as a minor arterial with an annual average daily traffic volume of 28,000 vehicles that pass through the interchange. Interstate 35 (I-35) has an annual average daily traffic volume between 75,000 to 80,000 vehicles at this interchange. The Interchange has high crash rates and significant traffic congestion due to insufficient capacity, sight distance, and turn lanes, and requires replacement to improve safety and delays. As the largest city in Dakota County and one of Minnesota’s fastest-growing populations, the City (along with Dakota County) has been planning to replace this deficient Interchange for more than 20 years and made significant local investments (more than $22 million) in right-of-way acquisition, local road reconfiguration, and draining improvements, along the County Road 5/50 corridor and within the Interstate 35 interchange area in preparation for future safety and capacity improvements. Replacing the County Road 5/50 Interchange at I-35 will provide the necessary infrastructure and investment to make safety and capacity improvements, improve existing and future regional mobility along the County Road 5/50 and I-35 corridors (E-ZPass, auxiliary or general purpose lane), and encourage additional job creation and tax base through new commercial and industrial development. The City is partnering with Dakota County and potentially MnDOT to coordinate interchange improvements to increase efficiencies and reduce impacts to the traveling public and existing businesses (MnDOT’s Capital Highway Investment Plan programs replacement of the I-35 bridges over CSAH 60 and 205th Street, repairs to the I-35 bridges over Lake Marion and pavement improvements between CSAH 70 and the I-35E/35W split in 2029 to address existing deteriorating infrastructure). Currently, Dakota County is developing preliminary plans for a new County Road 5/50 Interchange at Interstate 35 as part of a $5,040,000 federal funding appropriation. Page 208 of 315 4 Page 209 of 315 5 Additional Legislative Priorities Local Control, Municipal Revenue & Taxation A. Regulation of Adult-Use Cannabis and Cannabinoid Products: The 2023 legislative session enacted legislation making Minnesota the 23rd state in the country to legalize adult-use cannabis. The new law, ch. 342, created a statewide regulatory framework for adult-use cannabis establishing state-issued licenses for the industry from seed to sale. The regulatory structure includes local regulation, with cities responsible for registering certain cannabis businesses that are licensed by the state and conducting compliance checks. The law requires businesses to comply with local zoning ordinances, authorizes cities to implement license limits, and authorizes cities to implement ordinances to establish a petty misdemeanor for public use of cannabis and cannabinoid products. These authorizations aside, cities have very limited discretion in the regulation of the industry. In addition to the adult-use cannabis market, cities continue to navigate the regulation of cannabinoid products legalized by the 2022 legislative session under chapter. § 151.72. As the Office of Cannabis Management is created and rulemaking is conducted, cities have continued to implement local licenses for the products. Finally, the new law authorizes cities to impose an interim ordinance to study the issue and restrict, regulate, and prohibit cannabis businesses until January 1, 2025. However, estimates from state agencies and the rulemaking timeline established by law indicate that final rules will not be available until early 2025. The authority to conduct an interim ordinance study should better align with the establishment of rules for the new law to allow cities to properly study the issue. Many questions remain for what is to be seen from the Office of Cannabis Management and the cannabis industry as it is established. Cities will be a critical component of the regulation and enforcement of this industry. In any future legislation, the following should be considered: •The timeline authorized for interim ordinances to conduct studies on the adult-use cannabis industry should be extended to better align with the conclusion of rulemaking for ch. 342 to provide adequate time for cities to study the rules once adopted. •Any legislation considered should be responsive to the needs of cities as they arise from the implementation of this industry, including evaluating and potentially increasing the appropriation provided through the Local Government Cannabis Aid fund to ensure adequate funding for local governments to respond to challenges resulting from the cannabis industry. •Legislation should increase, and at a minimum maintain, any discretion and local control granted to cities in current legislation. •The City opposes any proposals to diminish local control related to the cannabis industry. B.Expansion of Wine and Strong Beer Sales in Grocery/C-Stores: Lakeville Liquors provides over $1.5 million in property tax relief annually to our property taxpayers. Lakeville opposes any legislation that would allow the expansion of the sale of wine and strong beer beyond existing licensed premises due to significant detrimental economic impacts on city revenues and the negative effect on preventing drunk driving and Page 210 of 315 6 underage alcohol sales and consumption. Minnesota law already allows grocery stores, gas stations, convenience stores, and wherever beer is sold to sell 3.2 beer. C. Elections: In 2024, the City of Lakeville spent $116,312 and 19,185 hours of staff time on three elections (presidential primary, general primary, and general election). Cities are essential in administering state and federal election laws and conducting voting activities. To strengthen the effectiveness of election administration, the Legislature should: •Seek input from cities on proposed changes to voter registration, election law, and needed improvements and updates to the Statewide Voter Registration System (SVRS). •Provide Cities with ongoing and sufficient funding through the Voting Operations, Technology, and Election Resources Account (VOTER) fund to provide cities with resources to conduct elections and meet the mandated requirements outlined in the statute. •Provide ongoing resources to cities that administer absentee balloting and early voting for the extended early voting period and additional weekend hours required during a general election. •Ensure that local government units are fully reimbursed for all anticipated and unanticipated costs of conducting the presidential nomination primary. D. Met Council Governance: The 17-member Metropolitan Council has 16 members, who represent geographic districts within the Twin Cities seven-county metropolitan area, with one member serving at large. However, they are all appointed by and serve at the pleasure of the Governor and typically fall within the current governor’s party affiliation. To provide a governance structure that is more representative of our respective communities, local governments (cities and counties) should be afforded an opportunity to provide input in the selection process for members who represent local interests in regional planning efforts. E. Revenue Restrictions: The City of Lakeville strongly opposes levy limits and other financial restrictions imposed upon local governments. Local taxpayers hold their local elected officials accountable for local government spending and taxing decisions. When the state imposes levy limits, reverse referenda, or other fiscal restraints on local elected officials, it negatively impacts the ability of cities to meet the needs of their residents and removes the autonomy of local officials. F. Data Practices Act: The City of Lakeville supports a comprehensive periodic review of the Minnesota Government Data Practices Act (MGDPA) which was first enacted in 1979, over 40 years ago. Times have changed, specifically with technology. In 1979, cities were mainly maintaining data in paper form. Legislators from that time could not have imagined where technology would be today. The MGDPA should be updated to address those changes. The City of Lakeville should support these efforts: Page 211 of 315 7 •Provide additional state funding to assist Cities with meeting the increasing complexity of managing government data and records. •State funding should be provided for statewide data practices training. •Allow Cities to charge for the staff time required to comply with wide-ranging data requests regardless of where copies of the data are requested. G. Fiscal Disparity Fund Distribution: The City of Lakeville supports the Fiscal Disparities Program and any effort to modernize and improve the program to fund the needs of the metro area. H. Targeting Property Tax Relief Directly to Individuals: The City of Lakeville supports targeting property tax relief directly to individuals as opposed to direct aid programs like Local Government Aid (LGA) and believes that income, not property value, is the most appropriate measure of "ability to pay" property taxes. Lakeville supports additional property tax relief to those in greatest need by directing dollars to the circuit breaker program from programs such as LGA. The circuit breaker income adjusted property tax relief program provides direct assistance to those homeowners in greatest need, whether those local homeowners reside in a city that receives direct aid from the State. The City of Lakeville also supports modifications to the homestead market value exclusion program. The general parameters of the program have not changed since 2011 and recent trends in residential home values have significantly reduced the value of the exclusion for many homeowners. The legislature should adjust the program to reflect the increases in market values. I. Cyber Security A Legislative Commission on Cybersecurity was established in 2021 to provide oversight of the state’s cybersecurity measures and review and make policy recommendations to state agencies and the legislature to strengthen the state’s cybersecurity infrastructure. However, many of the commission recommendations have not yet been implemented, which creates cybersecurity vulnerabilities, especially at the local level as many communities lack the necessary tools and capabilities needed to protect their systems. The problem is serious. Each month Minnesota IT Services defends against roughly 27,000 phishing emails and messages across all state agencies and several cities and counties have been recent targets of ransomware attacks as local governments continue to remain particularly vulnerable to cyberattacks. The passage of the federal Infrastructure Investment and Jobs Act of 2021 provided additional federal resources to Minnesota to better prepare the state’s preparedness and response to future cyberattacks. However, even with additional federal resources, many cities across the state remain vulnerable to cyberattacks and are in need of hardware and software support. The City of Lakeville supports state action to identify and strengthen state and local capabilities, including the funding to evaluate state government cyber vulnerabilities, single points of failure, and fixes, and, based on those findings, create an ability for Page 212 of 315 8 municipal governments to apply for grant funding or assistance to help conduct the same evaluation. Additionally, state and federal policymakers should: •Seek municipal government input on any direction of state or federal funding that seeks to address cybersecurity preparedness and response and ensure city government participation in any task force or planning committee tasked with directing funding priorities for local government cybersecurity efforts. •Ensure that any grant program administered by Minnesota IT balances the unique needs of smaller, less-resourced cities and larger cities and base cybersecurity funding opportunities on locally identified needs. •Avoid unfunded mandates related to data notification breaches by ensuring proactive discussions with lawmakers and state leaders regarding cybersecurity awareness, prevention, remediation, and breach notification. J. Regulation of Massage Therapists In the absence of any required statewide standards or regulations, several cities have entered the traditional state domain of healthcare licensure by enacting ordinances that require all massage therapists to obtain a local professional license and many cities have also required brick-and-mortar establishments to obtain a business license. These ordinances help local law enforcement officers to differentiate between legitimate providers and businesses engaged in sex trafficking and prostitution, as well as provide for health and sanitation standards. City staff and law enforcement have spent a lot of time and resources conducting statewide criminal background checks; investigating massage therapist accreditation programs to determine legitimacy and credibility; and inspecting and monitoring establishments due to resident complaints and concerns. This has resulted in different procedures, requirements, and fee structures across the state. Despite the thorough work of city staff and law enforcement, when an illegitimate business suspects investigation, it will often close down and re-open in a different city. Without any sort of statewide database of these businesses, one city’s solution may become another city’s problem. Additionally, local law enforcement agencies do not have access to national criminal history data. This has allowed those with criminal convictions in other states related to sex trafficking and prostitution to obtain massage therapy business and/or professional licenses in cities in Minnesota. Allowing access to this information could help cities prevent sex trafficking across state lines. The City of Lakeville supports the statewide registration or licensure of massage therapists that would not pre-empt the ability of cities to regulate massage therapy establishments. The city also supports legislation pertaining to the practice of massage therapy that accomplishes the following: Page 213 of 315 9 •Helps cities establish the legitimacy of providers and businesses applying for a local license to practice, including allowing local law enforcement agencies access to national criminal history databases. •Prevents individuals from conducting criminal activities such as prostitution and sex trafficking out of establishments operating as massage therapy facilities. •Improves provider compliance with Minn. Stat. ch. 146A and requires the state to take action in response to noncompliance. •Protects the public from injury and from other conditions that may result in harm. K. Sales Tax on Local Government Purchases The local government sales tax exemption enacted in 2013 and expanded in 2014 does not apply to all city purchases. Some purchases for municipal enterprise operations, such as liquor stores and golf courses are excluded from the exemption. In addition, in order to receive the sales tax exemption on construction materials under current law, cities must bid labor and materials separately and also designate a contractor to be a purchasing agent on behalf of the city. The existing Department of Revenue rules (Minn. Rule 8130.1200, subp. 3) are complex and the implementation can be so complicated that it can cost cities more money to implement than they will save on the tax exemption. Finally, although cities currently do not pay the motor vehicle sales tax on marked police vehicles or firefighting vehicles, other city vehicles are not exempt from the motor vehicle sales tax. The 2021 legislature extended the sales tax refund process under Minn. Stat. § 297A.71 and Minn. Stat. § 297A.75 to contractor purchases of construction materials, supplies, and equipment incorporated into public safety buildings for initial construction, remodeling, expansion, and improvements for public safety facilities owned by local units of government. The refund process also applies to materials used in related facilities such as access roads, lighting, sidewalks, and utility components. In order to ensure that taxpayers receive the full benefit of the local government sales tax exemption, the following must be implemented: •The exemption should apply to all purchases made by local units of government. •The process to receive the exemption for construction materials used in local government projects should be simplified or added to the refund process now available for local government public safety facilities. •The exemption should be extended to all local government purchases that would otherwise be subject to the motor vehicle sales tax in Minn. Stat. ch. 297B. Page 214 of 315 10 Transportation A. Transportation System Improvement and Maintenance Funding: The City of Lakeville supports State efforts to bolster financial resources needed to address road, highway, and freight rail improvements. The City of Lakeville also supports efforts to provide cities with adequate tools to fund maintenance and improvements to local roadways. Current levels of funding for roads and highways are inadequate to maintain existing road and highway needs and meet the needs of growing areas such as Lakeville. Lakeville recognizes the need for additional transportation funding statewide and will continue to advocate for additional resources to maintain the State’s transportation infrastructure. In addition, cities still lack the authority to use additional tools for city street improvements; such resources continue to be restricted to property taxes and special assessments. It is imperative that alternative authority be granted to municipalities for this purpose to relieve the burden on the property tax system. The City of Lakeville will be financing millions of dollars in street maintenance and reconstruction projects with property taxes over the next several years. Street maintenance and reconstruction projects will be the most significant contributing factors to future property tax increases. This is in addition to millions of dollars in project costs financed from other sources such as special assessments and municipal state- aid street funding. Legislation that penalizes local projects based on greenhouse gas emission calculations hampers efforts to modernize and expand needed transportation corridors and should be repealed or amended. B. Dan Patch Commuter Rail Corridor: Lakeville is opposed to any State or Federal funding that supports the study, planning, design, or engineering of the Dan Patch Corridor. Economic Development A. Workforce Readiness: Incumbent worker training and education must be an important component of Minnesota’s efforts to improve workforce readiness. By making firms and employees more competitive, incumbent worker training can increase wages, increase employment opportunities, fill skilled worker gaps, and keep jobs and employers in their communities. The Minnesota Job Skills Partnership is one proven tool that provides training to thousands of incumbent workers each year. The City of Lakeville is in favor of legislation to address the following: •Fully fund the Minnesota Job Skills Partnership and other workforce training programs administered by the Department of Employment and Economic Development, the Department of Human Services, and various education agencies. •Provide additional flexible funding to local workforce councils, including governments and educational facilities, for the purpose of upgrading the skills and productivity of the workforce, and pursuing additional creative programming and funding to prepare and place underemployed and unemployed Minnesotans, as well as address the issue of those phasing out of the workplace and retiring. •Provide additional funding for programs specifically designed to address youth employment such as career and workforce readiness programs, and employment disparities. Page 215 of 315 11 •Continue to support cities that provide workforce programs that are coordinated with and complement state and regional efforts by seeking municipal approval before making any changes to those service areas. B. On-Sale Liquor or Wine Licenses: Minn. Stat. § 340A.404 defines the establishments to which a city may issue an on-sale intoxicating liquor license. Every year cities see local businesses and organizations with innovative models for event centers, food halls, arenas, boutiques, museums, art spaces, and cultural or community centers that are not clearly named in this statute but would like to obtain a liquor license. Several cities have received special legislation allowing their municipalities to issue on-sale liquor or wine licenses to these types of entities. However, this process interferes with the ability of municipalities to respond expeditiously to innovative business models, controls the placement and operating manner of these entities, and limits municipalities from providing licenses for businesses that would generate local tourism and revenue. The City of Lakeville supports legislature to modernize and expand the list of establishments in Minn. Stat. § 340A.404 to which municipalities are authorized to issue on-sale liquor or wine licenses, subject to restrictions imposed by the municipality, to allow for innovative business models and economic development within their jurisdiction. C. Expansion of the Job Creation Fund (JCF) and Minnesota Investment Fund (MIF): The City of Lakeville supports the expansion of state programs to allow cities the ability to provide competitive incentive packages. The Job Creation Fund provides financial incentives to new and expanding businesses that meet certain job creation and capital investment targets. The Minnesota Investment Fund provides financing to help add new workers and retain high-quality jobs on a statewide basis. Both programs have successfully been used in Lakeville and are needed economic development tools. The City of Lakeville supports fully funding the Minnesota Job Skills Partnership and other workforce training programs administered by the Department of Employment and Economic Development, the Department of Human Services, and various education agencies. D. Expansion of Broadband Highspeed Internet: Access to highspeed internet is essential for businesses and cities to compete in a global economy. Many commercial and residential areas within Lakeville do not have access to consistent and reliable broadband service. To promote economic development and to ensure reliable highspeed broadband internet access the following steps should be implemented: •Fully fund the Border-to-Border Broadband Grant Program and continue to encourage public/private sector collaboration. •Support measures to authorize and encourage cities and other local units of government to play a direct role in providing broadband infrastructure and/or services. Page 216 of 315 12 •Offer incentives to private sector service providers to respond to local or regional needs and to collaborate with cities and other public entities to deploy broadband infrastructure. •Remove barriers, and restrict anti-competitive practices that prevent or impede cities, municipal utilities, schools, libraries, and other public sector entities from collaborating and deploying broadband infrastructure and services at the local and regional level. E. Tax Increment Financing (TIF): Cities need greater flexibility to use TIF for community and economic development that supports residents and businesses. Further restrictions of TIF would render the tool less effective and hinder local efforts to support job creation, housing, and redevelopment. The Legislature should consider expanding the use of TIF to assist in the development of technological infrastructure and products, biotechnology, research, transportation, and transit-oriented development, non-retail commercial projects, and modifying the various provisions of existing TIF law to better facilitate redevelopment and housing activities. Housing A. City Role in Housing: The city values living options for people of all ages and stages of life. Lakeville strives to be a community where residents can live and age in place. Lakeville will accommodate individuals and families at all stages of life and strive to meet the housing, transportation, education, shopping, access to health care, and other needs of all demographic groups within the city. Funding for life cycle, workforce, and affordable housing is the responsibility of State and Federal governments and should not be borne solely by local property taxpayers. In addition, the city opposes any mandated housing requirements. Cities can facilitate the production and preservation of life cycle, workforce, and affordable housing by: •Applying for State or Federal funding from applicable grant and loan programs. •Working with developers and residents to blend life cycle and affordable housing into new and existing neighborhoods. •Establishing standards that encourage lifecycle and affordable housing. Page 217 of 315 Date: 12/16/2024 CDBG Subrecipient Agreement with DARTS for LOOP Senior Bus Service, Senior Outdoor Chores and Minor Home Repairs Proposed Action Staff recommends adoption of the following motion: Authorize the City Administrator to sign a CDBG Subrecipient Agreement with DARTS to provide LOOP Senior Bus Service and Senior Outdoor Chores and Minor Home Repairs from January 1, 2025, through December 31, 2025. Overview The City of Lakeville receives federal Community Development Block Grant (CDBG) funding administered through the Dakota County Community Development Agency on an annual basis. The City of Lakeville is currently supporting the Envision Lakeville community value “A Home for All Ages and Stages of Life” by contracting with DARTS to provide support and assistance through the LOOP senior circulator bus service (LOOP), outdoor chores and minor home repairs for Lakeville seniors. The LOOP runs in Lakeville on Thursdays from 9 a.m. until 2 p.m. The cost of providing service one day a week is $35,000 for the year. The LOOP provides on-demand stops from senior living facilities and manufactured home parks to a variety of drop-off locations including grocery stores, other retail, pharmacies and restaurants. The cost to riders is $3 per day and riders can ride all day. No riders are turned away for inability to pay. The Senior Outdoor Chores and Minor Home Repairs program provides assistance to seniors that supports their desire to age in place. Services include lawn care, snow removal, installation of grab bars, build or reinforce railings, checking smoke detectors and more. The funding level for this program is recommended to be up to $10,000 for the year. City staff recommends designating up to $45,000 in CDBG funds for these DARTS programs. In return, DARTS agrees to verify that each senior being helped is a Lakeville resident and is at least 62 years of age or meets HUD income guidelines. Supporting Information 1. 2025 DARTS Subrecipient Agreement Financial Impact: $45,000 Budgeted: No Source: Community Development Block Grant Page 218 of 315 Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kati Bachmayer, Economic Development Manager Page 219 of 315 Assistance Listing #14.218 1 SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF LAKEVILLE AND DARTS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDED PROGRAMS THIS AGREEMENT entered into this 16th day of December, 2024 by and between the City of Lakeville (herein called the “Grantee”) and DARTS (herein called the “Subrecipient”), which pertains to a time period that begins and ends as identified in Section I of this Agreement based on the Fiscal Year 2024-25 Funding Approval/Agreement approved by the U.S. Department of Housing and Urban Development (“HUD”), which identifies July 1 as the date use of funds may begin; and WHEREAS, the Grantee receives funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HCD Act), Public Law 93-383, through Dakota County as an Urban Entitlement County under the Community Development Block Grant (CDBG) Program; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the Grantee and Subrecipient agree as follows: I. TIME OF PERFORMANCE. Services of the Subrecipient shall start on the first day of January 2025 and end on the last day of December 2025. This Agreement and the provisions herein remains in effect until it is replaced by a subsequent Subrecipient Agreement. II. SCOPE OF SERVICES. The Subrecipient agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. A. Activities. The Subrecipient will be responsible for the administration of Activities identified in Exhibits A, in a manner satisfactory to the Grantee and consistent with any required standards. Exhibits A may be amended each Fiscal Year, if the Activities receive additional funding in subsequent fiscal years, in accordance to the Activities approved for and undertaken by the Subrecipient, including ongoing Activities from previous fiscal years. i. Prohibited Activities. The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities; lobbying; political patronage; and nepotism activities. ii. Religious Activities. The Subrecipient agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by24 CFR 570.200(j)(2), such as worship, religious instruction, or proselytization. Page 220 of 315 Lakeville/DARTS Subrecipient Agreement 2 Faith-based organizations are eligible, on the same basis as any other organization to participate in CDBG programs and activities in accordance with 24 CFR 5.109(b) and 24 CRF 570.200(j)(1) provided that the organizations do not engage in any inherently religious activities as part of the programs or services supported by CDBG funds. B.National Objectives. The Subrecipient will provide documentation to certify that the Activities carried out with funds provided under this Agreement will meet one or more of the CDBG program’s national objectives, including: (1) benefit low- and moderate-income persons; (2) aid in the prevention or elimination of slums and blight; and (3) meet community development needs having a particular urgency. As required in 24 CFR Part 570.200(a)(2) and as defined in 24 CFR Part 570.208 (Exhibit E). C.Use of Funds. The Activities identified in Exhibit A can begin to incur costs no sooner than January 1 of each year. III.FEDERAL COMPLIANCE. The Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570, concerning CDBG including Subpart of these regulations, except that (1) the Subrecipient does not assume the Grantee’s environmental responsibilities described at § 570.604; and (2) the Subrecipient does not assume the Grantee's responsibility for initiating the review process under the provisions of 24 CFR Part 52.The Subrecipient also agrees to comply with all other applicable Federal regulations and policies enumerated below as they apply to the performance of this Agreement. A.Citizen Participation. Comply with all HUD citizen participation requirements under the Dakota County HOME Consortium Citizen Participation Plan (CPP) and conformance with 24 CFR 91.105. The CPP can be found on the Dakota County CDA website at www.dakotacd.org B.Environmental Conditions. Ensure program compliance with the following federal regulations. i.Air and Water. a.Clean Air Act, 42 U.S.C, 7401, et seq.; b.Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251, et seq., as amended, 1318 relating to inspection, monitoring, entry, reports, and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder; c.Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended. ii.Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified Page 221 of 315 Lakeville/DARTS Subrecipient Agreement 3 by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). iii. Lead-Based Paint. The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. iv. Historic Preservation. The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR Part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are 50 years old or older, or that are included on a Federal, state, or local historic property list. C. Environmental Review. The Grantee shall insure that all Activities comply with environmental review requirements, unless otherwise stated herein. This would include the Grantee’s completion of a study and assessment of each Activity in conformance with the National Environmental Policy Act of 1967. The Subrecipient shall furnish the Grantee a copy of any updated environmental report. D. Acquisition and Relocation. The Subrecipient agrees to comply with all aspects of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA) The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. The Subrecipient also agrees to comply with applicable Grantee ordinances, resolutions and policies concerning the displacement of persons from their residences. Page 222 of 315 Lakeville/DARTS Subrecipient Agreement 4 E. Labor Standards. The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7. The Subrecipient is required to insert in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The Grantee will be the contact for all contracts subject to such regulations and oversee the implementation of the hour and wage requirements of this part. The Grantee will maintain the documentation that demonstrates compliance. F. Affirmatively Furthering Fair Housing. In accordance with the Fair Housing Act (42 U.S.C. 3601-3620), the subrecipient will administer all programs and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act. G. Build America, Buy America Act. The Subrecipient must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notice, as may be amended, if applicable to the Grantee’s infrastructure project. Pursuant to HUD’s Notice, “Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance” (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject by HUD on or after listed effective dates, are subject to BABA requirements, unless excepted by a waiver. H. Equal Opportunity Compliance. The Subrecipient shall maintain compliance with the provisions of Section 3 of the HUD Act of 1968, as amended; Women and Minority Owned Businesses requirements; Federal Equal Employment Opportunity Act, Executive Orders and Civil Rights Act of 1964 as specified in 24 CFR 135.20. i. “Section 3” Clause. The Subrecipient agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located. To the greatest extent Page 223 of 315 Lakeville/DARTS Subrecipient Agreement 5 feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs, specifically YouthBuild. Award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located. To the greatest extent feasible, priority should be given to business concerns that provide economic opportunities to low- and very low-income residents within the service area or the neighborhood in which the project is located, and to low- and very low- income participants in other HUD programs, specifically YouthBuild. The Subrecipient further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this Agreement: “The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u and 24 CFR Part 75). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.” ii. Women and Minority Owned businesses (W/MBE). The Subrecipient will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and “minority and women’s business enterprise” means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, “minority group members” are African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. iii. Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Page 224 of 315 Lakeville/DARTS Subrecipient Agreement 6 Equal Opportunity or Affirmative Action employer. iv.All other Federal Acts or Regulations and requirements of HUD, including but not limited to Executive Order 11246 prohibiting discrimination in employment contracts, and directing government contracts to establish and maintain affirmative action. I.Conflict of Interest. The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: i.The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds; ii.No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved; iii.No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. J.Compliance with Common Rule and Uniform Administrative Requirements. The Subrecipient shall comply with all applicable requirements at 24 CFR 570.502 and 2 CFR 200. K.Unique Entity Identifier Number Registration and Certification of Non- Debarment. The Subrecipient must have a valid Unique Entity Identifier number and be registered on the Systems for Awards Management website (SAM.gov). The Subrecipient shall maintain its UEI registration for the entire term of this Agreement. The Subrecipient must provide certification regarding debarment, suspension, ineligibility and voluntary exclusion for all covered transactions as listed in Exhibit A. By signing this Agreement, the Subrecipient certifies that it has procedures in place consistent with regulations implementing 2 CFR, Part 2424 and has provided such certification. IV.ADMINISTRATIVE REQUIREMENTS A.Records to be Maintained. The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR 570.506, that are pertinent to the Page 225 of 315 Lakeville/DARTS Subrecipient Agreement 7 activities to be funded under this Agreement. Such records shall include but not be limited to: i. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; ii. Records required to determine the eligibility of activities; iii. Records of all program claims and disbursements. The Subrecipient shall prepare a Request for Reimbursement Form (Exhibit D) listing all claims certified and paid by the Subrecipient for Activities and submit this Form to the Grantee iv. Ensure compliance with 3-day rule requirements once funds are received by the Subrecipient from the Grantee. v. Provide the Grantee with information necessary to submit reports as outlined in 24 CFR 570.507. vi. Submit to the Grantee quarterly progress reports of any outstanding Activities. The status report shall be submitted to the Grantee by or before the 30th of October, January, April, and July. B. Record Retention. The Subrecipient shall retain all financial records, supporting documents, statistical records, and all other records pertinent to Agreement a period of four (4) years from the date of submission of the final expenditure report or four (4) years after the grant is closed, whichever is longer. Such records shall be made available for audit or inspection at any time upon request of the Grantee or its authorized representative. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolution of all issues. i. Client Data. The Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. ii. Disclosure. The Subrecipient understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee’s or Subrecipient’s responsibilities with respect to services provided under this Agreement, is prohibited. Unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. C. Program Income. The Subrecipient shall report all program income as defined in 24 CFR 570.500(a) generated by activities carried out with CDBG funds. The Subrecipient shall return all program income immediately to the Grantee except for revolving accounts approved by the Grantee. Program income will be disbursed according to the Program Income Policy attached as Exhibit E. D. Reversion of Assets. The Subrecipient shall transfer to the Grantee any CDBG funds on hand and any accounts receivable attributable to the use of CDBG funds under this Agreement at the time of expiration, cancellation, or termination. Any Page 226 of 315 Lakeville/DARTS Subrecipient Agreement 8 real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be: i. Used to meet one of the national objectives in 24 CFR Part 570.208 (Exhibit B) until five (5) years after the expiration of this Subrecipient agreement; or ii. If the Subrecipient fails to use CDBG-assisted real property in a manner that meets a CDBG National Objective for the prescribed period of time, the Subrecipient shall pay the Grantee an amount equal to the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Such payment shall constitute program income to the Grantee. The Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. iii. In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment). Equipment not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to the Grantee for the CDBG program or (b) retained after compensating the Grantee [an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment]. E. Audit. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. i. The Subrecipient shall make available an audit or, upon prior approval by the Grantee, a copy of their financial statements for the fiscal years the grant is in effect. Audits must be performed by a Certified Public Accountant in accordance with generally accepted auditing principles and the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 CFR 200. V. ADMINISTRATION COSTS. In consideration of the prompt and efficient carrying out of the requirements of this Agreement and 24 CFR Part 570, Subpart J, the Subrecipient may request that the Grantee reimburse the Subrecipient based on general administration budgets identified in Section VI. Such administration costs shall come solely from CDBG sources. Accurate records of administrative costs shall be kept by the Subrecipient, and billing shall be made at such times as are convenient to implement the Grantee’s requisition for funds from HUD and no less frequently than quarterly. For the purposes of this Agreement, general administration costs are defined as follows: A. Salary costs actually incurred by the Subrecipient for time expended by its employees on all phases of the activity/project. i. Accrual costs such as flex leave/vacation or a severance pool are disallowed. B. Mileage, supplies and publication costs. Page 227 of 315 Lakeville/DARTS Subrecipient Agreement 9 C.Proportionate share of allowable overhead expenses figured on time expended basis. D.Costs incurred through attendance at applicable development conferences within the term of this Agreement, including registration fees and travel expenses. Conference attendance shall be for the purpose of gaining additional information on CDBG regulations and/or program activity implementation. VI.BUDGET. This Agreement replaces all previous Subrecipient Agreements and is applicable to prior fiscal year(s) Activities which are not yet completed and to new Activities programmed for CDBG Grant Fiscal Year 2024-25 as outlined in Exhibit A. VII. OBLIGATIONS AND RESPONSIBILITIES. The Subrecipient agrees to assume and carry out the Grantee’s obligations and responsibilities under: A.The Cooperation Agreements entered into between Dakota County and the Subrecipient concerning the Dakota County CDBG Program; and B.The Supplemental Agreements to the aforementioned Cooperation Agreements entered into between Dakota County and the Subrecipient. C.A Subrecipient’s failure to comply with any provision of this Agreement may lead to corrective actions by the Grantee. The Grantee shall provide the Subrecipient with written notice of the Subrecipient’s failure to comply with certain provisions. The Subrecipient will have fifteen (15) days upon receipt of the notice to respond in writing as to the corrective action that will be taken. Failure to respond to the notice and/or to implement the proposed corrective action(s) to the Grantee’s sole and full satisfaction will cause the Grantee to take remedial action, including, but not limited to the following: i.Reimbursement requests will not be processed by the Grantee; ii. CDBG funds will be recaptured from the Subrecipient that have already been expended or obligated; and/or iii. The Grantee will terminate this Agreement. D.The Grantee has the right to require the Subrecipient to repay CDBG funds if any of the following conditions occur: i.HUD requires payback for any reason; ii. The Grantee has not been informed of a service or program change by the Subrecipient and has expended funds for such purposes; iii. The Grantee has decided that a cost was disallowed or unauthorized after the Subrecipient obligated such cost; or iv.The Subrecipient receives funds, rebates or interest on CDBG reimbursed expenses, and it has not forwarded these funds to the Grantee. VIII.PERFORMANCE MONITORING. The Grantee will monitor the progress and performance of the Subrecipient by timely expenditure of allocations and by conformance with CDBG program regulations. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. Page 228 of 315 Lakeville/DARTS Subrecipient Agreement 10 A. Timeliness. HUD requires that sixty (60) days prior to the end of the Grantee’s program year, the amount of non-disbursed CDBG funds be no more than 1.5 times the entitlement grant for its current program year. The Subrecipient will be held to the same timeliness test and is expected to have no more than 1.5 times the allocation as of May 2nd each year. B. Grant-Based Accounting. As of the 2015 Fiscal Year, HUD has implemented grant-based accounting for the CDBG program. The Subrecipient must expend grant allocations within four (4) years. The expenditure deadline can be found on Exhibit A. C. Reallocation & Recapture. Reallocation of funds, if necessary to meet the 1.5 spenddown ratio requirement, will be done according to the CDBG Contingency Plan attached in Exhibit F. The Grantee has the right to recapture unexpended or unobligated funds that are older than four (4) years prior to the current Fiscal Year. Recaptured CDBG funds will be added to an approved Countywide CDBG Activity or a competitive pool. D. Quarterly Reporting. The Subrecipient shall provide quarterly reporting to the Grantee by the 30th day of October, January, April, and July. Reporting shall include all outstanding Activities as listed on Exhibit A. E. Onsite Monitoring. The Grantee may perform onsite monitoring of the Subrecipient to assure compliance. Results of monitoring efforts shall be summarized in written reports and document follow-up actions to be taken to correct areas of noncompliance. IX. GENERAL CONDITIONS. The following shall apply to the Subrecipient and this Agreement: A. Independent Contractor. For the purpose of this Agreement, the Subrecipient shall be deemed an independent contractor, and not an employee of the Grantee. Any and all employees of the Subrecipient or other persons, while engaged in the performance of any work or services required by the Subrecipient under this Agreement, shall not be considered employees of the Grantee; and any and all claims that may or might arise on behalf of said employees or other persons as a consequence of any act or omission on the part of said employee or the Subrecipient shall in no way be the obligation or responsibility of the Grantee. B. Hold Harmless. It is further agreed that the Subrecipient shall hold harmless, defend and indemnify the Grantee from any and all claims, demands, actions, judgements or causes of action arising out of any act or omission on the part of the Subrecipient, its agents, servants, or employees in performance of, or with relation to, any of the work or services performed or furnished by the Subrecipient under the terms of the Agreement. It is further agreed that the Page 229 of 315 Lakeville/DARTS Subrecipient Agreement 11 Subrecipient shall notify the Grantee of any actual or potential claims against the Grantee that may arise as a consequence of any of the work or services performed or furnished by the Subrecipient under the terms of this Agreement. C.Transfer. The Subrecipient shall not assign or transfer any interest in this Agreement, whether by assignment or subcontract, without the prior written consent of the Grantee. D.Amendments. Any alteration, variation, modification, or waiver of a provision of this Agreement shall be valid only after it has been reduced to writing and duly signed by both parties, with the exception of Administrative Amendments defined as any revision to the original annual budget (Exhibit A). Any request to amend the annual budget, create or cancel an activity, or change the national objective will require written approval by the Subrecipient and may be subject to the Citizen Participation Plan. The Grantee retains the right to make Administrative Amendments without the approval of the Subrecipient for substandard performance of timely expenditure. E.Waiver. The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by either party hereto shall not constitute a waiver of any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of the Agreement are cumulative and not mutually exclusive. F.Liability. Notwithstanding any other provision of this Agreement to the contrary, the Subrecipient shall not be relieved of liability to the Grantee for damages sustained by the Grantee by virtue of any breach of this Agreement by the Subrecipient, and the Grantee may withhold any payments to the Subrecipient for the purpose of set-off until such time as the exact amount of damages due the Grantee from the Subrecipient is determined. G.Entire Agreement. This Agreement, as well as Exhibits A through F, which are attached hereto and incorporated herein by reference, shall constitute the entire agreement between the parties and shall supersede all prior oral or written negotiations. H.HUD Approval. It is expressly understood between the parties that this Agreement is contingent upon the approval of HUD and its authorization of grant monies to the Grantee for the purpose of this Agreement. I.Violation of Law. Should any of the above provisions be subsequently determined by a Court of competent jurisdiction to be in violation of any Federal or State Law or to be otherwise invalid, both parties agree that only those provisions so adjudged shall be invalid and that the remainder of this Agreement shall remain in full force and effect. J.Discrimination. The Subrecipient agrees to comply with all Federal, State and local laws and ordinances as they pertain to unlawful discrimination on account of Page 230 of 315 Lakeville/DARTS Subrecipient Agreement 12 race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, disability, or age. K. Applicable Laws. The Subrecipient further agrees to comply with all Federal, state, and local laws or ordinances, and all applicable rules, regulations, and standards established by any agency of such governmental units, which are now or hereafter promulgated insofar as they relate to the Subrecipient performance of the provisions of this Agreement. L. State Law. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota. M. Suspension and Termination. In accordance with 24 CFR 85.43, the Grantee may suspend or terminate this Agreement if the Subrecipient materially fails to comply with any of the provisions hereof, and the award may be terminated for convenience in accordance with 24 CFR 85.44. Such termination shall occur thirty (30) days after receipt by the Subrecipient of written notice from the Grantee specifying the grounds therefore, unless, prior to such date, the Subrecipient has cured the alleged nonperformance of the provisions of this agreement. N. Electronic Signatures. Each party agrees the electronic signatures of the Parties included in this Contract are intended to authenticate this writing and to have the same force and effect as wet ink signatures X. CERTIFICATION FOR CONTRACT, GRANTS, LOANS AND COOPERATIVE AGREEMENTS. The Subrecipient certifies, to the best of its knowledge and belief, that: A. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the Subrecipient shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements and that all subrecipients shall certify and disclose accordingly. Page 231 of 315 Lakeville/DARTS Subrecipient Agreement 13 D. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this agreement was made or entered into. Submission of this certification is a prerequisite for making or entering into this agreement imposed by section 1332, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. XI. NOTICE. Written notice to be provided under this Agreement shall be provided as follows: For the Grantee: Justin Miller, City Administrator City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 For the Subrecipient: Ann Bailey, President DARTS 1645 Marthaler Lane West St. Paul, MN 55118 Page 232 of 315 Page 233 of 315 EXHIBITS A. City of Lakeville and DARTS Agreement B. LOOP Application and Bus Schedule C. 24 CFR Part 570.208 (National Objectives) D. 24 CFR Part 570.600-614 (Subpart K) E. Request for Reimbursement Form F. Program Income and Reuse Policy G. Contingency Plan/Timeliness of Expenditures H. Dakota County 2024 CDBG Income Limits I. Dakota County 2024 CDBG Self-Certification Form Page 234 of 315 Lakeville/DARTS Subrecipient Exhibit A 15 EXHIBIT A TO SUBRECIPIENT AGREEMENT City of Lakeville and DARTS CDBG funds will be committed to the following Activities after January 1, 2025. Exhibit A will be amended as needed through the term of this Agreement. CURRENT YEAR ALLOCATION – 2024-25 All funds must be expended by December 31, 2025 Activity 1: Lakeville LOOP • Description: The Lakeville LOOP is a fixed-route bus circulator that will run at least one weekday per week, 5-hours per day, and serve all senior facilities and manufactured home parks located in Lakeville, the Lakeville Heritage Center, and the Dakota County Heritage Library (see attached on-demand LOOP route, which is subject to change). The LOOP provides lift assistance and highly trained bus drivers for transporting seniors (62 and older) and people with disabilities. Weekly LOOP service will be provided every Thursday in January through December 2025, with the exception of Thanksgiving Day. DARTS is STS certified and adheres to standards set by the Federal Motor Carrier Safety Administration. The most up-to-date inspection results are available upon request. CDBG funds will be used for operational expenses incurred by DARTS including direct staff expenses, and LOOP vehicle expenses such as fuel, insurance, maintenance, and leasing costs. Such costs shall be itemized on a quarterly invoice. City of Lakeville deliverables. The City will provide a communication contact and free advertising and communication about LOOP service via the City website and social media platforms. DARTS deliverables. DARTS will provide the bus, qualified drivers and all necessary documentation of bus insurance, driver licenses, and training certification. DARTS will also provide quarterly reporting on ridership (see data collection). DARTS will regularly (not less than twice per year) meet with City of Lakeville staff to discuss measures of success, adjustments to the route, schedule, fares, sponsorships, etc. • Oversight. The City of Lakeville will advise DARTS on key components of LOOP operations, including the LOOP route and schedule, LOOP fares, and marketing. DARTS reserves the right to cancel service on days in which weather (or other emergencies) makes it unsafe to operate the LOOP. In those instances, DARTS will contact the City of Lakeville and the senior facilities on its designated route via email. The City of Lakeville, in partnership with DARTS, will define measures of success for the LOOP to include average number of unique rides per day, growth in ridership, and rider satisfaction based on an annual onboard rider survey. Page 235 of 315 Lakeville/DARTS Subrecipient Exhibit A 16 • Data collection for federal CDBG reporting: DARTS will certify that each Lakeville LOOP rider is either 62 years of age or older, a person with disabilities, or meets low to moderate income standards per federal CDBG requirements by using a LOOP Rider Application (see attached). DARTS will maintain original copies of all rider applications per IV.B. (Record Retention), which contain data on the number of seniors (62 and older), people with disabilities, and low to moderate income individuals using the Lakeville LOOP service. • Payment: The City will contribute $35,000 in Community Development Block Grant funds to the LOOP in 2025. In recognition of sponsoring the Lakeville LOOP, DARTS will include the City’s logo on the bus banner (on both sides of the bus), on LOOP schedules and promotional materials. Requests for payment shall include documentation of staff time if expense is to be reimbursed with CDBG funds. The CDBG payroll report must be included in any payment request. The payroll reports must clearly state the rate of pay for each employee and time spent on CDBG-funded activities, and the report shall be signed by the employee and the employee’s supervisor. • Payment Schedule: The City of Lakeville will pay DARTS in four quarterly payments, with the first payment occurring after January 1, subject to city review and approval. DARTS will invoice the city for these quarterly payments. • LOOP Budget: DARTS’ Annual Operating Budget for the LOOP is $35,000. If excess sponsorship funds are secured above the operating budget, the City of Lakeville will determine whether to use this surplus to provide additional LOOP service, or to reserve it for operating costs in future years. A rider fare of $3.00 per day, all-you-can-ride will be charged. Fare revenue will be used for LOOP marketing and travel training expenses beyond the operating budget, incurred by DARTS. • Insurance: DARTS will maintain federal and state levels of insurance for all drivers/buses used in the Lakeville LOOP service, per Federal Motor Carrier Safety Administration and City of Lakeville standards. • Bus Driver Certification: All LOOP Drivers will have on record at DARTS, proof of an up-to-date medical card, Commercial Driver’s License (Class B, with a passenger endorsement), as well as up-to-date STS certification including regular training for Defensive Driving, First Aid, Passenger I and II, and Maltreatment Awareness. Activity 2: Outdoor Chores and Minor Home Repairs • Description: The City of Lakeville will provide project funding to pay for eligible residents (in accordance with CDBG Guidelines-see Exhibits G and H) who are in need of DARTS Outdoor Chores and Home Repairs services. DARTS is a licensed home management agency. All individuals performing Home Repairs and Outdoor Chores for the residents of Lakeville are background-checked through the Minnesota Page 236 of 315 Lakeville/DARTS Subrecipient Exhibit A 17 Bureau of Criminal Apprehension. DARTS deliverables: 2a. Outdoor Chores DARTS will provide lawn care, snow removal* and other odd jobs deemed necessary for proper home maintenance to qualifying residents of Lakeville. Excluded odd jobs are those requiring use of a ladder taller than 10 feet. *Snow removal service is provided based on staffing availability. 2b. Home Repair DARTS will assist qualifying residents of Lakeville with safety, accessibility and independent living maintenance solutions so they may continue to age in place in the home of their choosing. Excluded projects include any requiring permitting or a licensed plumber or electrician. • The DARTS communication team is happy to assist, at no charge, with ad content. City of Lakeville deliverables. The City of Lakeville will provide a communication contact, free advertising and communication about Outdoor Chores and Minor Home Repairs via the city website, social media platforms and Heritage Center newsletters. • Data Collection for Federal CDBG Reporting: DARTS will certify each Lakeville resident who uses these services is either 62 years of age or older, a person with disabilities, or meets low to moderate income standards per federal CDBG requirements. DARTS will provide CDBG reporting data to the City of Lakeville as noted in the Invoicing section of this document. • Schedule: Ongoing • Payment: The City of Lakeville will contribute up to $10,000 in Community Development Block Grant funds to the Outdoor Chores and Home Repair Services program activity. CDBG funds will be used for operational expenses incurred by DARTS including direct staff expenses, materials costs, and other direct expenses necessary for the program. Such costs shall be itemized on a quarterly invoice. • Invoicing: DARTS will provide quarterly invoicing for chores and repairs services. Invoice amounts will vary, as they will reflect actual work performed not a flat quarterly fee. Refer to “DARTS Outdoor Chores and Home Repair Services” chart for fee structure. Invoices will be sent to the City of Lakeville by the 15th day of the month following quarter end. The City of Lakeville will pay DARTS in quarterly payments, with the first payment occurring after January 1, subject to city review and approval. Payment terms are 30 days after invoice date. • Data collection for federal CDBG reporting: DARTS will provide a quarterly Page 237 of 315 Lakeville/DARTS Subrecipient Exhibit A 18 report using the standard Dakota County CDBG Reporting Form, itemized by program, client first name and last initial, service performed, rate per hour or job, and any project materials. •Insurance: DARTS will provide the City of Lakeville with a certificate of insurance and will amend the policy if deemed necessary by DARTS staff. Further documentation will be provided upon request. •Fee Structure: See chart. Page 238 of 315 Lakeville/DARTS Subrecipient Exhibit A 15 DARTS Outdoor Chore and Home Repair Services Outdoor Chore Services: Odd Jobs--$70 per hour Lawn Mowing & Snow Removal--$40 per hour Spring & Fall Cleanup $50-125 dependent on size of yard and client income (relative to CDBG guidelines) ** Gutters and window washing available for single story homes or reachable with 10 foot ladder. Weed whack, trim or prune bushes, lay mulch, till garden, edge driveway or sidewalk, sweep/power wash garage. **Clean gutters, wash outside windows DARTS provides lawn mower or snow blower if needed Client supplies lawn cleanup bags and is responsible for bag disposal. Home Repair Services: Safety: Accessibility: Independence: $80 per person- hour** **Additional cost if client is unable to provide materials necessary to complete project. $30 trip/travel charge may apply Install grab bars, high rise toilet, shower seat, non-slip stair treads, motion activated night lights Install lever door handles, hand-held showerhead, low or no threshold doorways Install weather stripping on doors and 3M-type insulation plastic on windows Build/reinforce railings Install or repair shelving units Remove or install storm windows Create stair contrast Assess home for brighter lighting options Hang pictures, mirrors, art, drapery or blinds Tighten furniture screws/bolts Replace doorbell Fix toilet Change door locks Build or install platform for washer/dryer combo Replace exhaust or ceiling fan Check smoke & CO2 detectors Repair or replace deck boards Repair or replace faucets Caulk around shower or tub Install wall-mount TV Wash windows and walls Minor painting or staining Power wash Page 239 of 315 LAKEVILLE LOOP APPLICATION Thank you for your interest in the Lakeville LOOP! The LOOP is for seniors age 62 or older and provides transportation to Lakeville amenities like retail and groceries at a reasonable cost - $3 per day. All riders are asked to complete this form to verify eligibility. Once verified, you will receive a Lakeville LOOP Rider Card that can be shown to the bus driver during boarding at any of the Lakeville LOOP stop locations. Completing this form is a one-time-only federal funding requirement. Information about schedule and stops is available in the bus, at the Lakeville Heritage Center or online at www.LakevilleHeritageCenter.com. Please return completed application to your DARTS bus driver or: Lakeville Heritage Center 20110 Holyoke Ave Lakeville, MN 55044 EXHIBIT B TO SUBRECIPIENT AGREEMENT Page 240 of 315 Lakeville LOOP Senior Transportation Program Application Applicants wishing to ride the Lakeville LOOP bus must be 62 years of age and older, or qualify based on income or disability. Please note: DARTS operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act of 1964. All application and financial information provided is considered private data and is subject to privacy of information provisions, pursuant to State Statute. Please complete all information. We reserve the right to verify all information contained on this form. Today’s Date: _______________ Applicant’s Name: ____________________________________________ Age:__________ Address: _____________________________________________________ City/State/Zip: _____________________________________ Home Phone: *Email___________________________________________ List number of family members living in household: _______ *Email address will be used to notify applicant of LOOP schedule changes or if additional information is needed. Please check your Ethnicity (pick 1 of 2): □ Hispanic or □ Non-Hispanic Please check your Race (pick 1 of 10 choices): Does your family have a FEMALE HEAD OF HOUSEHOLD? Yes □ No □ If you are under 62 years old, are you an individual with a disability? Yes □ No □ Signature of Applicant:___________________________________________ Date:_____________ FOR OFFICE USE ONLY Staff Signature ________________________________ Added to Spreadsheet _________ Date ________________________ □ White □ Black or African American □ Asian & White □ American Indian or Alaskan Native □ Native Hawaiian or Other Pacific Islander □ American Indian/Alaskan Native & White □ Black/African American & White □ American Indian/Alaskan Native & Black □ Asian □ Other Page 241 of 315 On-Demand Stops Need a special stop? Ask your driver or call 651-234-2272 for a stop within a few blocks of the route One Stop, Many Options Many stops have multiple businesses within a walkable block Thursdays from 9am - 2pm | $3 per day Sponsored by: The City of Lakeville EXHIBIT B TO SUBRECIPIENT AGREEMENT Page 242 of 315 As long as the stop is within a few blocks of a scheduled stop, the driver can take you there and pick you up on the next LOOP. What if the place I want to go to isn't listed on the schedule? If you live within a few blocks of the route, call dispatch at 651-234-2272 to request a special pick- up at your home. What if I don't live at one of the residential stops? Can I use the LOOP if I use a scooter, wheelchair, walker or cane? Yes. The driver will help you load your mobility device and assist you as needed. Anyone can request to use the lift. Do I need to reserve a ride on the LOOP? For more information, call DARTS at 651-455-1560 Thursdays 9am-2pm Location LOOP 1 LOOP 2 LOOP 3 LOOP 4 Crossroads Commons 17725 Glasgow Ave Highview Hills 20150 Highview Ave Main Street Manor 8725 209th St Fairfield Terrace 20720 Holt Ave Winsor Plaza 20827 Howland Ave 9:00 10:00 11:00 12:00 9:10 9:15 9:19 9:23 10:10 10:15 10:19 10:23 11:10 11:15 11:19 11:23 12:10 12:15 12:19 12:23 Hop on and tell the driver where you'd like to go! Commonly requested stops: Allina Clinic, Cub, Dollar Tree, Heritage Center, Hy-Vee, HomeGoods/Marshalls, Lakeville Clinic/Rehab Services, Target, Walmart. No. Simply plan your trip off the schedule above and hop on the bus, or call DARTS to pick you up at home! Page 243 of 315 Lakeville/DARTS Subrecipient Exhibit C 16 EXHIBIT C TO SUBRECIPIENT AGREEMENT §570.208 Criteria for national objectives. The following criteria shall be used to determine whether a CDBG-assisted activity complies with one or more of the national objectives as required under §570.200(a)(2): (a)Activities benefiting low- and moderate-income persons. Activities meeting the criteria in paragraph (a) (1), (2), (3), or (4) of this section as applicable, will be considered to benefit low and moderate-income persons unless there is substantial evidence to the contrary. In assessing any such evidence, the full range of direct effects of the assisted activity will be considered. (The recipient shall appropriately ensure that activities that meet these criteria do not benefit moderate income persons to the exclusion of low income persons.) (1)Area benefit activities. (i) An activity, the benefits of which are available to all the residents in a particular area, where at least 51 percent of the residents are low and moderate-income persons. Such an area need not be coterminous with census tracts or other officially recognized boundaries but must be the entire area served by the activity. An activity that serves an area that is not primarily residential in character shall not qualify under this criterion. (ii)For metropolitan cities and urban counties, an activity that would otherwise qualify under §570.208(a)(1)(i), except that the area served contains less than 51 percent low- and moderate- income residents, will also be considered to meet the objective of benefiting low- and moderate- income persons where the proportion of such persons in the area is within the highest quartile of all areas in the recipient's jurisdiction in terms of the degree of concentration of such persons. This exception is inapplicable to non-entitlement CDBG grants in Hawaii. In applying this exception, HUD will determine the lowest proportion a recipient may use to qualify an area for this purpose, as follows: (A)All census block groups in the recipient's jurisdiction shall be rank ordered from the block group of highest proportion of low and moderate-income persons to the block group with the lowest. For urban counties, the rank ordering shall cover the entire area constituting the urban county and shall not be done separately for each participating unit of general local government. (B)In any case where the total number of a recipient's block groups does not divide evenly by four, the block group which would be fractionally divided between the highest and second quartiles shall be considered to be part of the highest quartile. (C)The proportion of low and moderate-income persons in the last census block group in the highest quartile shall be identified. Any service area located within the recipient's jurisdiction and having a proportion of low and moderate-income persons at or above this level shall be considered to be within the highest quartile. (D)If block group data are not available for the entire jurisdiction, other data acceptable to the Secretary may be used in the above calculations. (iii)An activity to develop, establish, and operate for up to two years after the establishment of, a uniform emergency telephone number system serving an area having less than the percentage of low- and moderate-income residents required under paragraph (a)(1)(i) of this section or (as applicable) paragraph (a)(1)(ii) of this section, provided the recipient obtains prior HUD approval. To obtain such approval, the recipient must: (A)Demonstrate that the system will contribute significantly to the safety of the residents of the area. Page 244 of 315 Lakeville/DARTS Subrecipient Exhibit C 17 The request for approval must include a list of the emergency services that will participate in the emergency telephone number system; (B)Submit information that serves as a basis for HUD to determine whether at least 51 percent of the use of the system will be by low- and moderate-income persons. As available, the recipient must provide information that identifies the total number of calls actually received over the preceding 12-month period for each of the emergency services to be covered by the emergency telephone number system and relates those calls to the geographic segment (expressed as nearly as possible in terms of census tracts, block numbering areas, block groups, or combinations thereof that are contained within the segment) of the service area from which the calls were generated. In analyzing this data to meet the requirements of this section, HUD will assume that the distribution of income among the callers generally reflects the income characteristics of the general population residing in the same geographic area where the callers reside. If HUD can conclude that the users have primarily consisted of low- and moderate- income persons, no further submission is needed by the recipient. If a recipient plans to make other submissions for this purpose, it may request that HUD review its planned methodology before expending the effort to acquire the information it expects to use to make its case; (C)Demonstrate that other Federal funds received by the recipient are insufficient or unavailable for a uniform emergency telephone number system. For this purpose, the recipient must submit a statement explaining whether the lack of funds is due to the insufficiency of the amount of the available funds, restrictions on the use of such funds, or the prior commitment of funds by the recipient for other purposes; and (D)Demonstrate that the percentage of the total costs of the system paid for by CDBG funds does not exceed the percentage of low- and moderate-income persons in the service area of the system. For this purpose, the recipient must include a description of the boundaries of the service area of the emergency telephone number system, the census divisions that fall within the boundaries of the service area (census tracts or block numbering areas), the total number of persons and the total number of low- and moderate-income persons within each census division, the percentage of low- and moderate- income persons within the service area, and the total cost of the system. (iv)An activity for which the assistance to a public improvement that provides benefits to all the residents of an area is limited to paying special assessments (as defined in §570.200(c)) levied against residential properties owned and occupied by persons of low and moderate income. (v)For purposes of determining qualification under this criterion, activities of the same type that serve different areas will be considered separately on the basis of their individual service area. (vi)In determining whether there is a sufficiently large percentage of low- and moderate-income persons residing in the area served by an activity to qualify under paragraph (a)(1) (i), (ii), or (vii) of this section, the most recently available decennial census information must be used to the fullest extent feasible, together with the Section 8 income limits that would have applied at the time the income information was collected by the Census Bureau. Recipients that believe that the census data does not reflect current relative income levels in an area, or where census boundaries do not coincide sufficiently well with the service area of an activity, may conduct (or have conducted) a current survey of the residents of the area to determine the percent of such persons that are low and moderate income. HUD will accept information obtained through such surveys, to be used in lieu of the decennial census data, where it determines that the survey was conducted in such a manner that the results meet standards of statistical reliability that are comparable to that of the decennial census data for areas of similar size. Where there is substantial evidence that provides a clear basis to believe that the use of the decennial census data would substantially overstate the proportion of persons residing there that are low and moderate income, HUD may require that the recipient rebut such evidence in order to demonstrate compliance with section 105(c)(2) of the Act. Page 245 of 315 Lakeville/DARTS Subrecipient Exhibit C 18 (vii)Activities meeting the requirements of paragraph (d)(5)(i) of this section may be considered to qualify under this paragraph, provided that the area covered by the strategy is either a Federally- designated Empowerment Zone or Enterprise Community or primarily residential and contains a percentage of low- and moderate-income residents that is no less than the percentage computed by HUD pursuant to paragraph (a)(1)(ii) of this section or 70 percent, whichever is less, but in no event less than 51 percent. Activities meeting the requirements of paragraph (d)(6)(i) of this section may also be considered to qualify under paragraph (a)(1) of this section. (2)Limited clientele activities. (i) An activity which benefits a limited clientele, at least 51 percent of whom are low- or moderate-income persons. (The following kinds of activities may not qualify under paragraph (a)(2) of this section: activities, the benefits of which are available to all the residents of an area; activities involving the acquisition, construction or rehabilitation of property for housing; or activities where the benefit to low- and moderate-income persons to be considered is the creation or retention of jobs, except as provided in paragraph (a)(2)(iv) of this section.) To qualify under paragraph (a)(2) of this section, the activity must meet one of the following tests: (A)Benefit a clientele who are generally presumed to be principally low and moderate-income persons. Activities that exclusively serve a group of persons in any one or a combination of the following categories may be presumed to benefit persons, 51 percent of whom are low- and moderate-income: abused children, battered spouses, elderly persons, adults meeting the Bureau of the Census' Current Population Reports definition of “severely disabled,” homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers; or (B)Require information on family size and income so that it is evident that at least 51 percent of the clientele are persons whose family income does not exceed the low and moderate-income limit; or (C)Have income eligibility requirements which limit the activity exclusively to low and moderate- income persons; or (D)Be of such nature and be in such location that it may be concluded that the activity's clientele will primarily be low and moderate-income persons. (ii)An activity that serves to remove material or architectural barriers to the mobility or accessibility of elderly persons or of adults meeting the Bureau of the Census' Current Population Reports definition of “severely disabled” will be presumed to qualify under this criterion if it is restricted, to the extent practicable, to the removal of such barriers by assisting: (A)The reconstruction of a public facility or improvement, or portion thereof, that does not qualify under paragraph (a)(1) of this section; (B)The rehabilitation of a privately owned nonresidential building or improvement that does not qualify under paragraph (a)(1) or (4) of this section; or (C)The rehabilitation of the common areas of a residential structure that contains more than one dwelling unit and that does not qualify under paragraph (a)(3) of this section. (iii)A microenterprise assistance activity carried out in accordance with the provisions of §570.201(o) with respect to those owners of microenterprises and persons developing microenterprises assisted under the activity during each program year who are low- and moderate-income persons. For purposes of this paragraph, persons determined to be low and moderate income may be presumed to continue to qualify as such for up to a three-year period. Page 246 of 315 Lakeville/DARTS Subrecipient Exhibit C 19 (iv) An activity designed to provide job training and placement and/or other employment support services, including, but not limited to, peer support programs, counseling, child care, transportation, and other similar services, in which the percentage of low- and moderate-income persons assisted is less than 51 percent may qualify under this paragraph in the following limited circumstance: (A) In such cases where such training or provision of supportive services assists business(es), the only use of CDBG assistance for the project is to provide the job training and/or supportive services; and (B) The proportion of the total cost of the project borne by CDBG funds is no greater than the proportion of the total number of persons assisted who are low or moderate income. (3) Housing activities. An eligible activity carried out for the purpose of providing or improving permanent residential structures which, upon completion, will be occupied by low- and moderate-income households. This would include, but not necessarily be limited to, the acquisition or rehabilitation of property by the recipient, a subrecipient, a developer, an individual homebuyer, or an individual homeowner; conversion of nonresidential structures; and new housing construction. If the structure contains two dwelling units, at least one must be so occupied, and if the structure contains more than two dwelling units, at least 51 percent of the units must be so occupied. Where two or more rental buildings being assisted are or will be located on the same or contiguous properties, and the buildings will be under common ownership and management, the grouped buildings may be considered for this purpose as a single structure. Where housing activities being assisted meet the requirements of paragraph §570.208 (d)(5)(ii) or (d)(6)(ii) of this section, all such housing may also be considered for this purpose as a single structure. For rental housing, occupancy by low and moderate-income households must be at affordable rents to qualify under this criterion. The recipient shall adopt and make public its standards for determining “affordable rents” for this purpose. The following shall also qualify under this criterion: (i) When less than 51 percent of the units in a structure will be occupied by low and moderate- income households, CDBG assistance may be provided in the following limited circumstances: (A) The assistance is for an eligible activity to reduce the development cost of the new construction of a multifamily, non-elderly rental housing project; (B) Not less than 20 percent of the units will be occupied by low and moderate-income households at affordable rents; and (C) The proportion of the total cost of developing the project to be borne by CDBG funds is no greater than the proportion of units in the project that will be occupied by low and moderate-income households. (ii) When CDBG funds are used to assist rehabilitation eligible under §570.202(b)(9) or (10) in direct support of the recipient's Rental Rehabilitation program authorized under 24 CFR part 511, such funds shall be considered to benefit low and moderate-income persons where not less than 51 percent of the units assisted, or to be assisted, by the recipient's Rental Rehabilitation program overall are for low and moderate-income persons. (iii) When CDBG funds are used for housing services eligible under §570.201(k), such funds shall be considered to benefit low- and moderate-income persons if the housing units for which the services are provided are HOME-assisted and the requirements at 24 CFR 92.252 or 92.254 are met. (4) Job creation or retention activities. An activity designed to create or retain permanent jobs where at least 51 percent of the jobs, computed on a full-time equivalent basis, involve the employment of low- Page 247 of 315 Lakeville/DARTS Subrecipient Exhibit C 20 and moderate-income persons. To qualify under this paragraph, the activity must meet the following criteria: (i)For an activity that creates jobs, the recipient must document that at least 51 percent of the jobs will be held by, or will be available to, low- and moderate-income persons. (ii)For an activity that retains jobs, the recipient must document that the jobs would actually be lost without the CDBG assistance and that either or both of the following conditions apply with respect to at least 51 percent of the jobs at the time the CDBG assistance is provided: (A)The job is known to be held by a low- or moderate-income person; or (B)The job can reasonably be expected to turn over within the following two years and that steps will be taken to ensure that it will be filled by, or made available to, a low- or moderate- income person upon turnover. (iii)Jobs that are not held or filled by a low- or moderate-income person may be considered to be available to low- and moderate-income persons for these purposes only if: (A)Special skills that can only be acquired with substantial training or work experience or education beyond high school are not a prerequisite to fill such jobs, or the business agrees to hire unqualified persons and provide training; and (B)The recipient and the assisted business take actions to ensure that low- and moderate- income persons receive first consideration for filling such jobs. (iv)For purposes of determining whether a job is held by or made available to a low- or moderate- income person, the person may be presumed to be a low- or moderate-income person if: (A)He/she resides within a census tract (or block numbering area) that either: (1)Meets the requirements of paragraph (a)(4)(v) of this section; or (2)Has at least 70 percent of its residents who are low- and moderate-income persons; or (B)The assisted business is located within a census tract (or block numbering area) that meets the requirements of paragraph (a)(4)(v) of this section and the job under consideration is to be located within that census tract. (v)A census tract (or block numbering area) qualifies for the presumptions permitted under paragraphs (a)(4)(iv)(A)(1) and (B) of this section if it is either part of a Federally-designated Empowerment Zone or Enterprise Community or meets the following criteria: (A)It has a poverty rate of at least 20 percent as determined by the most recently available decennial census information; (B)It does not include any portion of a central business district, as this term is used in the most recent Census of Retail Trade, unless the tract has a poverty rate of at least 30 percent as determined by the most recently available decennial census information; and (C)It evidences pervasive poverty and general distress by meeting at least one of the following Page 248 of 315 Lakeville/DARTS Subrecipient Exhibit C 21 standards: (1)All block groups in the census tract have poverty rates of at least 20 percent; (2)The specific activity being undertaken is located in a block group that has a poverty rate of at least 20 percent; or (3)Upon the written request of the recipient, HUD determines that the census tract exhibits other objectively determinable signs of general distress such as high incidence of crime, narcotics use, homelessness, abandoned housing, and deteriorated infrastructure or substantial population decline. (vi)As a general rule, each assisted business shall be considered to be a separate activity for purposes of determining whether the activity qualifies under this paragraph, except: (A)In certain cases, such as where CDBG funds are used to acquire, develop or improve a real property (e.g., a business incubator or an industrial park) the requirement may be met by measuring jobs in the aggregate for all the businesses which locate on the property, provided such businesses are not otherwise assisted by CDBG funds. (B)Where CDBG funds are used to pay for the staff and overhead costs of an entity making loans to businesses exclusively from non-CDBG funds, this requirement may be met by aggregating the jobs created by all of the businesses receiving loans during each program year. (C)Where CDBG funds are used by a recipient or subrecipient to provide technical assistance to businesses, this requirement may be met by aggregating the jobs created or retained by all of the businesses receiving technical assistance during each program year. (D)Where CDBG funds are used for activities meeting the criteria listed at §570.209(b)(2)(v), this requirement may be met by aggregating the jobs created or retained by all businesses for which CDBG assistance is obligated for such activities during the program year, except as provided at paragraph (d)(7) of this section. (E)Where CDBG funds are used by a Community Development Financial Institution to carry out activities for the purpose of creating or retaining jobs, this requirement may be met by aggregating the jobs created or retained by all businesses for which CDBG assistance is obligated for such activities during the program year, except as provided at paragraph (d)(7) of this section. (F)Where CDBG funds are used for public facilities or improvements which will result in the creation or retention of jobs by more than one business, this requirement may be met by aggregating the jobs created or retained by all such businesses as a result of the public facility or improvement. (1)Where the public facility or improvement is undertaken principally for the benefit of one or more particular businesses, but where other businesses might also benefit from the assisted activity, the requirement may be met by aggregating only the jobs created or retained by those businesses for which the facility/improvement is principally undertaken, provided that the cost (in CDBG funds) for the facility/improvement is less than $10,000 per permanent full-time equivalent job to be created or retained by those businesses. (2)In any case where the cost per job to be created or retained (as determined under paragraph (a)(4)(vi)(F)(1) of this section) is $10,000 or more, the requirement must be met by aggregating the jobs created or retained as a result of the public facility or improvement by all businesses in the service area of the facility/improvement. This aggregation must include businesses which, as a result of the public Page 249 of 315 Lakeville/DARTS Subrecipient Exhibit C 22 facility/improvement, locate or expand in the service area of the facility/improvement between the date the recipient identifies the activity in its action plan under part 91 of this title and the date one year after the physical completion of the facility/improvement. In addition, the assisted activity must comply with the public benefit standards at §570.209(b). (b)Activities which aid in the prevention or elimination of slums or blight. Activities meeting one or more of the following criteria, in the absence of substantial evidence to the contrary, will be considered to aid in the prevention or elimination of slums or blight: (1)Activities to address slums or blight on an area basis. An activity will be considered to address prevention or elimination of slums or blight in an area if: (i)The area, delineated by the recipient, meets a definition of a slum, blighted, deteriorated or deteriorating area under State or local law; (ii)The area also meets the conditions in either paragraph (A) or (B): (A)At least 25 percent of properties throughout the area experience one or more of the following conditions: (1)Physical deterioration of buildings or improvements; (2)Abandonment of properties; (3)Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings; (4)Significant declines in property values or abnormally low property values relative to other areas in the community; or (5)Known or suspected environmental contamination. (B)The public improvements throughout the area are in a general state of deterioration. (iii)Documentation is to be maintained by the recipient on the boundaries of the area and the conditions and standards used that qualified the area at the time of its designation. The recipient shall establish definitions of the conditions listed at §570.208(b)(1)(ii)(A), and maintain records to substantiate how the area met the slums or blighted criteria. The designation of an area as slum or blighted under this section is required to be redetermined every 10 years for continued qualification. Documentation must be retained pursuant to the recordkeeping requirements contained at §570.506 (b)(8)(ii). (iv)The assisted activity addresses one or more of the conditions which contributed to the deterioration of the area. Rehabilitation of residential buildings carried out in an area meeting the above requirements will be considered to address the area's deterioration only where each such building rehabilitated is considered substandard under local definition before rehabilitation, and all deficiencies making a building substandard have been eliminated if less critical work on the building is undertaken. At a minimum, the local definition for this purpose must be such that buildings that it would render substandard would also fail to meet the housing quality standards for the Section 8 Housing Assistance Payments Program-Existing Housing (24 CFR 882.109). (2)Activities to address slums or blight on a spot basis. The following activities may be undertaken on a spot basis to eliminate specific conditions of blight, physical decay, or environmental contamination that are not located in a slum or blighted area: acquisition; clearance; relocation; historic preservation; Page 250 of 315 Lakeville/DARTS Subrecipient Exhibit C 23 remediation of environmentally contaminated properties; or rehabilitation of buildings or improvements. However, rehabilitation must be limited to eliminating those conditions that are detrimental to public health and safety. If acquisition or relocation is undertaken, it must be a precursor to another eligible activity (funded with CDBG or other resources) that directly eliminates the specific conditions of blight or physical decay, or environmental contamination. (3) Activities to address slums or blight in an urban renewal area. An activity will be considered to address prevention or elimination of slums or blight in an urban renewal area if the activity is: (i) Located within an urban renewal project area or Neighborhood Development Program (NDP) action area; i.e., an area in which funded activities were authorized under an urban renewal Loan and Grant Agreement or an annual NDP Funding Agreement, pursuant to title I of the Housing Act of 1949; and (ii) Necessary to complete the urban renewal plan, as then in effect, including initial land redevelopment permitted by the plan. Note: Despite the restrictions in (b) (1) and (2) of this section, any rehabilitation activity which benefits low and moderate-income persons pursuant to paragraph (a)(3) of this section can be undertaken without regard to the area in which it is located or the extent or nature of rehabilitation assisted. (c) Activities designed to meet community development needs having a particular urgency. In the absence of substantial evidence to the contrary, an activity will be considered to address this objective if the recipient certifies that the activity is designed to alleviate existing conditions which pose a serious and immediate threat to the health or welfare of the community which are of recent origin or which recently became urgent, that the recipient is unable to finance the activity on its own, and that other sources of funding are not available. A condition will generally be considered to be of recent origin if it developed or became critical within 18 months preceding the certification by the recipient. (d) Additional criteria. (1) Where the assisted activity is acquisition of real property, a preliminary determination of whether the activity addresses a national objective may be based on the planned use of the property after acquisition. A final determination shall be based on the actual use of the property, excluding any short-term, temporary use. Where the acquisition is for the purpose of clearance which will eliminate specific conditions of blight or physical decay, the clearance activity shall be considered the actual use of the property. However, any subsequent use or disposition of the cleared property shall be treated as a “change of use” under §570.505. (2) Where the assisted activity is relocation assistance that the recipient is required to provide, such relocation assistance shall be considered to address the same national objective as is addressed by the displacing activity. Where the relocation assistance is voluntary on the part of the grantee the recipient may qualify the assistance either on the basis of the national objective addressed by the displacing activity or on the basis that the recipients of the relocation assistance are low and moderate-income persons. (3) In any case where the activity undertaken for the purpose of creating or retaining jobs is a public improvement and the area served is primarily residential, the activity must meet the requirements of paragraph (a)(1) of this section as well as those of paragraph (a)(4) of this section in order to qualify as benefiting low and moderate-income persons. (4) CDBG funds expended for planning and administrative costs under §570.205 and §570.206 will be considered to address the national objectives. (5) Where the grantee has elected to prepare an area revitalization strategy pursuant to the authority of §91.215(e) of this title and HUD has approved the strategy, the grantee may also elect the following Page 251 of 315 Lakeville/DARTS Subrecipient Exhibit C 24 options: (i)Activities undertaken pursuant to the strategy for the purpose of creating or retaining jobs may, at the option of the grantee, be considered to meet the requirements of this paragraph under the criteria at paragraph (a)(1)(vii) of this section in lieu of the criteria at paragraph (a)(4) of this section; and (ii)All housing activities in the area for which, pursuant to the strategy, CDBG assistance is obligated during the program year may be considered to be a single structure for purposes of applying the criteria at paragraph (a)(3) of this section. (6)Where CDBG-assisted activities are carried out by a Community Development Financial Institution whose charter limits its investment area to a primarily residential area consisting of at least 51 percent low- and moderate-income persons, the grantee may also elect the following options: (i)Activities carried out by the Community Development Financial Institution for the purpose of creating or retaining jobs may, at the option of the grantee, be considered to meet the requirements of this paragraph under the criteria at paragraph (a)(1)(vii) of this section in lieu of the criteria at paragraph (a)(4) of this section; and (ii)All housing activities for which the Community Development Financial Institution obligates CDBG assistance during the program year may be considered to be a single structure for purposes of applying the criteria at paragraph (a)(3) of this section. (7)Where an activity meeting the criteria at §570.209(b)(2)(v) may also meet the requirements of either paragraph (d)(5)(i) or (d)(6)(i) of this section, the grantee may elect to qualify the activity under either the area benefit criteria at paragraph (a)(1)(vii) of this section or the job aggregation criteria at paragraph (a)(4)(vi)(D) of this section, but not both. Where an activity may meet the job aggregation criteria at both paragraphs (a)(4)(vi)(D) and (E) of this section, the grantee may elect to qualify the activity under either criterion, but not both. Page 252 of 315 Lakeville/DARTS Subrecipient Exhibit D 25 EXHIBIT D TO SUBRECIPIENT AGREEMENT Subpart K—Other Program Requirements §570.600 General. (a)This subpart K enumerates laws that the Secretary will treat as applicable to grants made under section 106 of the Act, other than grants to states made pursuant to section 106(d) of the Act, for purposes of the Secretary's determinations under section 104(e)(1) of the Act, including statutes expressly made applicable by the Act and certain other statutes and Executive Orders for which the Secretary has enforcement responsibility. This subpart K applies to grants made under the Insular Areas Program in §570.405 and §570.440 with the exception of §570.612. The absence of mention herein of any other statute for which the Secretary does not have direct enforcement responsibility is not intended to be taken as an indication that, in the Secretary's opinion, such statute or Executive Order is not applicable to activities assisted under the Act. For laws that the Secretary will treat as applicable to grants made to states under section 106(d) of the Act for purposes of the determination required to be made by the Secretary pursuant to section 104(e)(2) of the Act, see §570.487. (b)This subpart also sets forth certain additional program requirements which the Secretary has determined to be applicable to grants provided under the Act as a matter of administrative discretion. (c)In addition to grants made pursuant to section 106(b) and 106(d)(2)(B) of the Act (subparts D and F, respectively), the requirements of this subpart K are applicable to grants made pursuant to sections 107 and 119 of the Act (subparts E and G, respectively), and to loans guaranteed pursuant to subpart M. [53 FR 34456, Sept. 6, 1988, as amended at 61 FR 11477, Mar. 20, 1996; 72 FR 12536, Mar. 15, 2007] §570.601 Public Law 88-352 and Public Law 90-284; affirmatively furthering fair housing; Executive Order 11063. (a)The following requirements apply according to sections 104(b) and 107 of the Act: (1)Public Law 88-352, which is title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), and implementing regulations in 24 CFR part 1. (2)Public Law 90-284, which is the Fair Housing Act (42 U.S.C. 3601-3620). In accordance with the Fair Housing Act, the Secretary requires that grantees administer all programs and activities related to housing and urban development in a manner to affirmatively further the policies of the Fair Housing Act. Furthermore, in accordance with section 104(b)(2) of the Act, for each community receiving a grant under subpart D of this part, the certification that the grantee will affirmatively further fair housing shall specifically require the grantee to take meaningful actions to further the goals identified in the grantee's AFH conducted in accordance with the requirements of 24 CFR 5.150 through 5.180 and take no action that is materially inconsistent with its obligation to affirmatively further fair housing. (b)Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p. 652; 3 CFR, 1980 Comp., p. 307) (Equal Opportunity in Housing), and implementing regulations in 24 CFR part 107, also apply. [61 FR 11477, Mar. 20, 1996, as amended at 80 FR 42368, July 16, 2015] Page 253 of 315 Lakeville/DARTS Subrecipient Exhibit D 26 §570.602 Section 109 of the Act. Section 109 of the Act requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available pursuant to the Act. Section 109 also directs that the prohibitions against discrimination on the basis of age under the Age Discrimination Act and the prohibitions against discrimination on the basis of disability under Section 504 shall apply to programs or activities receiving Federal financial assistance under Title I programs. The policies and procedures necessary to ensure enforcement of section 109 are codified in 24 CFR part 6. [64 FR 3802, Jan. 25, 1999] §570.603 Labor standards. (a)Section 110(a) of the Act contains labor standards that apply to non-volunteer labor financed in whole or in part with assistance received under the Act. In accordance with section 110(a) of the Act, the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) also applies. However, these requirements apply to the rehabilitation of residential property only if such property contains not less than 8 units. (b)The regulations in 24 CFR part 70 apply to the use of volunteers. [61 FR 11477, Mar. 20, 1996] §570.604 Environmental standards. For purposes of section 104(g) of the Act, the regulations in 24 CFR part 58 specify the other provisions of law which further the purposes of the National Environmental Policy Act of 1969, and the procedures by which grantees must fulfill their environmental responsibilities. In certain cases, grantees assume these environmental review, decision-making, and action responsibilities by execution of grant agreements with the Secretary. [61 FR 11477, Mar. 20, 1996] §570.605 National Flood Insurance Program. Notwithstanding the date of HUD approval of the recipient's application (or, in the case of grants made under subpart D of this part or HUD-administered small cities recipients in Hawaii, the date of submission of the grantee's consolidated plan, in accordance with 24 CFR part 91), section 202(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4106) and the regulations in 44 CFR parts 59 through 79 apply to funds provided under this part 570. [61 FR 11477, Mar. 20, 1996] §570.606 Displacement, relocation, acquisition, and replacement of housing. (a)General policy for minimizing displacement. Consistent with the other goals and objectives of this part, grantees (or States or state recipients, as applicable) shall assure that they have taken all reasonable steps to minimize the displacement of persons (families, individuals, businesses, nonprofit organizations, and farms) as a result of activities assisted under this part. (b)Relocation assistance for displaced persons at URA levels. (1) A displaced person shall be Page 254 of 315 Lakeville/DARTS Subrecipient Exhibit D 27 provided with relocation assistance at the levels described in, and in accordance with the requirements of 49 CFR part 24, which contains the government-wide regulations implementing the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) (42 U.S.C. 4601-4655). (2)Displaced person. (i) For purposes of paragraph (b) of this section, the term “displaced person” means any person (family, individual, business, nonprofit organization, or farm) that moves from real property, or moves his or her personal property from real property, permanently and involuntarily, as a direct result of rehabilitation, demolition, or acquisition for an activity assisted under this part. A permanent, involuntary move for an assisted activity includes a permanent move from real property that is made: (A)After notice by the grantee (or the state recipient, if applicable) to move permanently from the property, if the move occurs after the initial official submission to HUD (or the State, as applicable) for grant, loan, or loan guarantee funds under this part that are later provided or granted. (B)After notice by the property owner to move permanently from the property, if the move occurs after the date of the submission of a request for financial assistance by the property owner (or person in control of the site) that is later approved for the requested activity. (C)Before the date described in paragraph (b)(2)(i)(A) or (B) of this section, if either HUD or the grantee (or State, as applicable) determines that the displacement directly resulted from acquisition, rehabilitation, or demolition for the requested activity. (D)After the “initiation of negotiations” if the person is the tenant-occupant of a dwelling unit and any one of the following three situations occurs: (1)The tenant has not been provided with a reasonable opportunity to lease and occupy a suitable decent, safe, and sanitary dwelling in the same building/complex upon the completion of the project, including a monthly rent that does not exceed the greater of the tenant's monthly rent and estimated average utility costs before the initiation of negotiations or 30 percent of the household's average monthly gross income; or (2)The tenant is required to relocate temporarily for the activity but the tenant is not offered payment for all reasonable out-of-pocket expenses incurred in connection with the temporary relocation, including the cost of moving to and from the temporary location and any increased housing costs, or other conditions of the temporary relocation are not reasonable; and the tenant does not return to the building/complex; or (3)The tenant is required to move to another unit in the building/complex, but is not offered reimbursement for all reasonable out-of-pocket expenses incurred in connection with the move. (ii)Notwithstanding the provisions of paragraph (b)(2)(i) of this section, the term “displaced person-” does not include: (A)A person who is evicted for cause based upon serious or repeated violations of material terms of the lease or occupancy agreement. To exclude a person on this basis, the grantee (or State or state recipient, as applicable) must determine that the eviction was not undertaken for the purpose of evading the obligation to provide relocation assistance under this section; (B)A person who moves into the property after the date of the notice described in paragraph (b)(2)(i)(A) or (B) of this section, but who received a written notice of the expected displacement before occupancy. Page 255 of 315 Lakeville/DARTS Subrecipient Exhibit D 28 (C)A person who is not displaced as described in 49 CFR 24.2(g)(2). (D)A person who the grantee (or State, as applicable) determines is not displaced as a direct result of the acquisition, rehabilitation, or demolition for an assisted activity. To exclude a person on this basis, HUD must concur in that determination. (iii)A grantee (or State or state recipient, as applicable) may, at any time, request HUD to determine whether a person is a displaced person under this section. (3) Initiation of negotiations. For purposes of determining the type of replacement housing assistance to be provided under paragraph (b) of this section, if the displacement is the direct result of privately undertaken rehabilitation, demolition, or acquisition of real property, the term “initiation of negotiations” means the execution of the grant or loan agreement between the grantee (or State or state recipient, as applicable) and the person owning or controlling the real property. (c)Residential anti-displacement and relocation assistance plan. The grantee shall comply with the requirements of 24 CFR part 42, subpart B. (d)Optional relocation assistance. Under section 105(a)(11) of the Act, the grantee may provide (or the State may permit the state recipient to provide, as applicable) relocation payments and other relocation assistance to persons displaced by activities that are not subject to paragraph (b) or (c) of this section. The grantee may also provide (or the State may also permit the state recipient to provide, as applicable) relocation assistance to persons receiving assistance under paragraphs (b) or (c) of this section at levels in excess of those required by these paragraphs. Unless such assistance is provided under State or local law, the grantee (or state recipient, as applicable) shall provide such assistance only upon the basis of a written determination that the assistance is appropriate (see, e.g., 24 CFR 570.201(i), as applicable). The grantee (or state recipient, as applicable) must adopt a written policy available to the public that describes the relocation assistance that the grantee (or state recipient, as applicable) has elected to provide and that provides for equal relocation assistance within each class of displaced persons. (e)Acquisition of real property. The acquisition of real property for an assisted activity is subject to 49 CFR part 24, subpart B. (f)Appeals. If a person disagrees with the determination of the grantee (or the state recipient, as applicable) concerning the person's eligibility for, or the amount of, a relocation payment under this section, the person may file a written appeal of that determination with the grantee (or state recipient, as applicable). The appeal procedures to be followed are described in 49 CFR 24.10. In addition, a low- or moderate-income household that has been displaced from a dwelling may file a written request for review of the grantee's decision to the HUD Field Office. For purposes of the State CDBG program, a low- or moderate-income household may file a written request for review of the state recipient's decision with the State. (g)Responsibility of grantee or State. (1) The grantee (or State, if applicable) is responsible for ensuring compliance with the requirements of this section, notwithstanding any third party's contractual obligation to the grantee to comply with the provisions of this section. For purposes of the State CDBG program, the State shall require state recipients to certify that they will comply with the requirements of this section. (2)The cost of assistance required under this section may be paid from local public funds, funds provided under this part, or funds available from other sources. Page 256 of 315 Lakeville/DARTS Subrecipient Exhibit D 29 (3)The grantee (or State and state recipient, as applicable) must maintain records in sufficient detail to demonstrate compliance with the provisions of this section. (Approved by the Office of Management and Budget under OMB control number 2506-0102) [61 FR 11477, Mar. 20, 1996, as amended at 61 FR 51760, Oct. 3, 1996] Page 257 of 315 Lakeville/DARTS Subrecipient Exhibit E 30 EXHIBIT E TO SUBRECIPIENT AGREEMENT From: City/Township of Date: Please complete the appropriate sections. The Dakota County CDA will fill in the shaded areas. Please use separate request forms for each activity or service period. Reimbursement for the following activities is being requested from the CDBG Program: Do you have program income (i.e., revolving account) to draw first for this activity? Yes No Do you have other funding sources that are being combined with the CDBG funds? If yes, please indicate the source(s) and amount(s): Yes No Documentation to support Request for Reimbursement: You must attach all appropriate documentation to support this request (i.e. staff hours and rate of pay, invoices for work completed, copies of plans, etc.) Timesheets (# of hours, rate of pay, etc.) Invoices / Proof of Payment (copies of checks, receipts, etc.) Completed product (i.e. plan, study, survey) The following chart is for DIRECT BENENFIT ACTIVITIES (housing or public service activities). Please report the demographic information of those served during the dates of service listed above. If you are reporting a HOUSING activity, please report in number of HOUSING UNITS. If you are reporting a PUBLIC SERVICE activity, please report in number of PEOPLE. DO NOT COMBINE DATA FROM MORE THAN ONE ACTIVITY OR SERVICE DATES DEMOGRAPHICS Ethnicity Income Level Race Hispanic Non- Hispanic Very Low (0-30%) Low (31-50%) Moderate (51-80%) Above L/M (81% +) White Black/African American Black/African American & White Asian Asian & White American Indian or Alaskan Native American Indian/Alaskan & White American Indian/Alaskan & Black Native Hawaiian/Other Pacific Islander Other TOTALS (Ethnicity = Income Level) Number of Female-headed Households = Percent as Low/Mod Income = Number of clients new to program = Number of clients with improved access = Prepared by: Approved by: Name of Project/Activity Program (Fiscal) Yr. Amount Requested Dates of Service (start/end) CDA Account Number Dakota County CDBG Request for Reimbursement Form Page 258 of 315 Lakeville/DARTS Subrecipient Exhibit E 31 Program Administrator City or Township Finance Officer Page 259 of 315 1 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM PROGRAM INCOME REUSE POLICY Dakota County, Minnesota A.Purpose. This policy establishes procedures for the administration and utilization of program income received as a result of activities funded under the federal Community Development Block Grant (CDBG) Program. This policy addresses the requirements of 24 CFR 570.489(e)(3). The Dakota County Community Development Agency is hereinafter referred to as the "Subgrantee", and each cooperating jurisdiction is hereinafter referred to as a "Subrecipient". B.Definition. Program income is the gross income received by the Subgrantee that was generated from the use of CDBG funds. For activities generating program income that were only partially funded with CDBG funds, such income is prorated to reflect the actual percentage of CDBG funds used. Examples of program income include: •Payments of principal and interest on loans made using CDBG funds; •Net proceeds from the disposition by sale or long-term lease of real property purchased or improved with CDBG funds; and •Interest earned on funds held in a revolving fund account. C.Activities. Program income in Dakota County will only be used for eligible CDBG activities that meet a national objective as specified in 24 CFR 570.482 and 570.483. D.Distribution. Program income in Dakota County will be classified and distributed within one of two general types of accounts: •Revolving Fund (RF) Account •Non-revolving Income (NI) Account The RF Accounts are typically established for ongoing program activity, such as housing rehab or economic development. The NI Accounts are established from non- revolving program income, such as funds from land disposition or repayments from land acquisition that don't result in a low/moderate income activity. E.Revolving Fund Account. Dakota County CDA will deposit program income from either housing rehab, economic development or down payment assistance that is administered by the Subgrantee into corresponding Revolving Fund (RF) Accounts as follows: 1.Program income generated from CDBG funds allocated to a Subrecipient will be deposited into a separate RF Account for that same individual Subrecipient; or EXHIBIT F TO SUBRECIPIENT AGREEMENT Page 260 of 315 2 2.Program income generated from CDBG funds allocated to a countywide activity will be deposited into a separate corresponding "Countywide" RF Account. 3.Check and/or reimbursement requests related to an activity assigned to a RF Account will be drawn first from that account prior to an entitlement account. Subrecipients also have the ability to establish Revolving Fund Accounts for local CDBG activities upon written approval of the Subgrantee. These accounts will require formal reporting during each fiscal year as required by the Subgrantee. In order to achieve the required annual CDBG timeliness ratio per 24 CFR 570.902, the Subgrantee reserves the right to reallocate program income from any Subrecipient RF account(s) to RF accounts for similar activities where the funds will be expended more quickly. The objective of this reallocation is to ensure program income does not become an impediment to meeting annual timeliness. F.Non-revolving Income Account. Dakota County will deposit all program income that is not assigned to a Revolving Fund Account to a Non-revolving Income (NI) Account as follows: 1.Program income generated from CDBG funds allocated to a Subrecipient will be returned immediately to the Subgrantee, which will be deposited into one corresponding Subrecipient NI Account (i.e., Burnsville NI Account). Check and/or reimbursement requests from a Subrecipient that cannot be paid from a RF Account will first be drawn from a NF Account, if existing, prior to drawing funds from an entitlement account. 2.Program income generated from CDBG funds allocated to a Subgrantee countywide activity will be deposited into one Subgrantee NI Account (i.e., CDA NI Account). Check and/or reimbursement requests related to a county-wide activity that cannot be paid from a RF Account will first be drawn from a NI Account, if existing, prior to drawing funds from a county-wide entitlement account. 3.The Subrecipient or Subgrantee retains the option of amending an existing CDBG activity (or activities) to increase its budget equal to the amount of program income within its NI Account, or it can amend the county's Annual Action Plan to include a new CDBG-eligible activity. 4.If no draws are made from a Subrecipient’s NI Account within twelve (12) months of establishing that account, it may be transferred to a Subgrantee NI Account for distribution to eligible countywide activities. Page 261 of 315 3 G.Account Dissolution. Dissolving either Revolving Fund or Non-revolving Income Accounts shall be completed as follows: 1.A Subrecipient's RF Account may be dissolved if that account will receive no further income based on evidence from the Subrecipient or Subgrantee. The Subrecipient must submit a written request to the Subgrantee prior to final dissolution action. CDBG funds remaining in a Subrecipient's RF Account to be dissolved must be transferred to a new or existing NI Account of that same Subrecipient. 2.A Subgrantee's RF Account may be dissolved if that account will receive no further income based on evidence from the Subgrantee. CDBG funds remaining in the Subgrantee's RF Account to be dissolved must be transferred to a new or existing NI Account of the Subgrantee. 3.In some cases, a Subrecipient or Subgrantee may want to transfer fund balances from a RF Account that is still receiving income. If no further expenditures are planned for that activity, a partial transfer may be permitted. Subrecipients must submit a written request to the Subgrantee, including the requested amount of transfer, which will go from its RF Account to its existing or newly created NI Account. 4.A Subrecipient's NI Account may be dissolved based on Section F.4. of this Policy. Adopted by the Dakota County CDA Board on April 13, 2004 (Res. 04-3677). Revised by the Dakota County CDA Board on April 20, 2021 (Res. 21-6407) Page 262 of 315 Lakeville/DARTS Subrecipient Exhibit G 32 EXHIBIT G TO SUBRECIPIENT AGREEMENT CDBG CONTINGENCY PLAN TIMELINESS OF EXPENDITURES Dakota County, Minnesota The following plan was developed in order to spend Community Development Block Grant (CDBG) funds in a timely manner. HUD reviews the performance of Dakota County as an entitlement urban county each year. Sixty (60) days prior to the end of a grantee’s program year, the amount of non-disbursed CDBG funds cannot be more than 1.5 times the entitlement grant for its current program year. The 60-day time for Dakota County is May 2. A contingency plan is beneficial in order to assess whether this county can make efforts to spend CDBG funds if early indications show expenditure problems within any of the larger cities’ pool or the countywide pool of activities. The following steps should be taken in the order shown during a program year for Dakota County, which is July 1 through June 30: 1.Six-Month Review. By November 1, CDA staff will do the following: a.Identify each Subrecipient’s balance of unspent CDBG funds. i.A notice should be sent to each Subrecipient that shows an individual listing of unfinished activities and corresponding fund balances. b.Meet individually with each Subrecipient, as deemed necessary, to discuss timely expenditure issues. c.Provide a status report to all Subrecipients on the countywide and individual city revolving accounts for housing rehab (including a forecast of program income for the next six months). 2.Four-Month Review. By January 1, CDA staff will do the following: a.Make a preliminary determination whether a Subrecipient will meet its own timeliness ratio of 1.5 by May 1. b.Make a determination on how much rehab funding will remain unspent by May 1. These conclusions will be shared with the Subrecipient as a basis for possible reallocation of funds. c.Initiate amendments to the annual Action Plan for Dakota County in order to reallocate CDBG funding to activities that can spend those funds by May 1. i.The plan amendment will be based on the following: 1.Written approval from the Subrecipient that will transfer CDBG funds from its allocation to another city or countywide activity; and 2.Written verification, including an activity timeline, from the recipient of any reallocated funding that the additional CDBG funds can be spent and reimbursement submitted by April 15. 3.Transfer of CDBG Funds. Should a jurisdiction not be able to meet the timeliness requirement, the transferring of CDBG funds from one activity to another will be accomplished according to the following procedures: a.Transfer funds from one activity to another within a jurisdiction (city or township); Page 263 of 315 Lakeville/DARTS Subrecipient Exhibit G 33 b.Transfer funds from a countywide activity to another countywide activity; or c.Transfer funds from one jurisdiction to another jurisdiction, including to or from the countywide pool. The combined impact of the transfer options must attain an expenditure rate at or below 1.5 by May 2 for Dakota County. If this can be achieved by implementing one or both of the first two options, then the final option will not be needed. However, if all three options need to be implemented, then some jurisdictions will lose the one-time specified amount, not to be replaced and some will gain one-time funds in order to avoid HUD penalties imposed on the county. It is possible that a jurisdiction will have more than 1.5 times its current CDBG allocation unspent by January 1, and yet, it will not agree to transfer funds to another activity. Under that circumstance, the CDA reserves the right to take steps necessary to transfer funds in excess of the 1.5 ratio. 4.Two-Month Review. By March 1, the CDA will determine whether any further amendments are necessary to transfer CDBG funds. This may be necessary to accommodate a new activity that was recently identified for immediate expenditure (assuming CDBG eligibility). 5.One-Month Review. By April 1, the CDA will do a final check to ensure all cities are working towards completion of all activity expenditures that are pending within the May 1 timeframe. Reimbursement requests should be submitted to the CDA no later than April 15. Page 264 of 315 Median Inc. =$124,200 (effective May 1, 2024 for Dakota County) Income 1 person 2 person 3 person 4 person 5 person 6 person 7 person 8 person Limits household household household household household household household household 30%$26,100 $29,800 $33,550 $37,250 $40,250 $43,250 $46,200 $49,200 50%$43,500 $49,700 $55,900 $62,100 $67,100 $72,050 $77,050 $82,000 80%*$68,500 $78,250 $88,050 $97,800 $105,650 $113,450 $121,300 $129,100 * For the CDBG Program, the 80% limit (Low/Mod) is capped at the US area median income level. For example, a 4-person household at 80% of area median income is $99,350, but the US median income is $97,800; therefore, the limit is set at $97,800. * The FY2014 Consolidated Appropriations Act changed the definition of extremely low-income to be the greater of 30/50th (60%) of the Section 8 very low-income limit or the poverty guideline as established by the Department of Health and Human Services (HHS), provided that this amount is not greater than the Section 8 50% very low-income limit. Consequently, the extremely low (30%) income limits may equal the very low (50%) income limits. 2024 Income Limits EXHIBIT H TO SUBRECIPIENT AGREEMENT Page 265 of 315 Income Self-Certification Form – 2024 (effective May 1, 2024) Dakota County CDBG Program Information on annual family income and race is required to determine eligibility for public services funded with federal Community Development Block Grant (CDBG) funds. Each participant must indicate the number of persons in their household, and then CHECK THE BOX that contains the amount of annual family income. INCOME is defined as the total annual gross income of all family and non-family members 18+ years old living within the household. All sources of income must be counted from all persons in the household based on anticipated income expected within the next 12 months. Please check your Income Range based on your Family Size (for example if there are 5 people in your household, go to HH of 5; if there are 8 or more in your household go to HH of 8): Household of 1: ☐ $0 - $26,100 ☐ $26,101 - $43,500 ☐ $43,501 - $68,500 ☐ $68,501+ Household of 2: ☐ $0 - $29,800 ☐$29,801 - $49,700 ☐ $49,701 - $78,250 ☐ $78,251+ Household of 3: ☐ $0 - $33,550 ☐ $33,551 - $55,900 ☐ $55,901 - $88,050 ☐ $88,051+ Household of 4: ☐ $0 - $37,250 ☐ $37,251 - $62,100 ☐ $62,101 - $97,800 ☐ $97,651+ Household of 5: ☐ $0 - $40,250 ☐ $40,251 - $67,100 ☐ $67,101 - $105,650 ☐ $105,651+ Household of 6: ☐ $0 - $43,250 ☐ $43,251 - $72,050 ☐ $72,051 - $113,450 ☐ $113,451+ Household of 7: ☐ $0 - $46,200 ☐ $46,201 - $77,050 ☐ $77,051 - $121,300 ☐ $121,301+ Household of 8: ☐ $0 - $49,200 ☐ $49,201 - $82,000 ☐ $82,001 - $129,100 ☐ $129,101+ Please calculate your total assets, including (a) checking, savings and other account balances; (b) tax assessed value of real estate owned other than your home; (c) cash value/equity of any Life Insurance Policy; and (d) any other assets. NOTE: a percentage of assets will be calculated by staff as part of income (example: $100,000 assets x 2.0% = $2,000). Total Assets = $___________________ Please check your Ethnicity (pick 1 of 2): ☐Hispanic or ☐Non-Hispanic Please check your Race (pick 1 of 10 choices): ☐White ☐Black or African American☐Asian & White ☐American Indian or Alaskan Native☐Native Hawaiian or Other Pacific Islander ☐ Other☐Black/African American & White ☐American Indian/Alaskan Native & White☐Asian ☐American Indian/Alaskan Native & Black Does your family have a FEMALE HEAD OF HOUSEHOLD? ☐ Yes ☐ No Program or Activity ______________________________ Dates of Participation _____________________ Birth Date of Participant __________________________ APPLICANT STATEMENT: I hereby certify that the information on this form is accurate and complete. I understand that this self-certification may be subject to further verification by the agency providing services, the City, the Dakota County CDA, or the U.S. Department of Housing & Urban Development. I, therefore, authorize such verification, and I will provide supporting documents, if necessary. WARNING: Title 18, Section 1001 of the U.S. Code states that a person is guilty of a felony for knowingly and willingly making false or fraudulent statements to any department of the U.S. Government. ____________________________________ Participant or Beneficiary Name (Please Print) _______________________________________________________ ______________ Signature (Parent or Guardian, if participant is under 18 years old) Date EXHIBIT I TO SUBRECIPIENT AGREEMENT Page 266 of 315 December 16, 2024 Item No. RESOLUTION AMENDING THE 2024 BUDGETS Proposed Action Staff recommends adoption of the following motion: Move to approve the Resolution Amending the 2024 Budgets. Overview Various events have transpired during the year which require an adjustment to the 2024 General Fund budget. Various amendments have been approved by the City Council during the year. Approval of this resolution authorizes the amendment of the budget to reflect changes more accurately in operations. 9/30/2024 Final Adopte d YTD 12/16/2024 Ame nde d Budge t Ame nde d Ame ndme nt Budge t Revenues 38,375,585$ 38,429,995$ 345,048$ 38,775,043$ Expenditures 40,965,570 39,943,049 248,800 40,191,849 Excess (Deficiency)(2,589,985)(1,513,054)96,248 (1,416,806) Other Financing Sources (Uses)1,061,571 11,998 -11,998 Net Change in Fund Balance (1,528,414)(1,501,056)96,248 (1,404,808) Fund Balance, January 1 21,669,326 21,669,326 703,671 22,372,997 Fund Balance, December 31 20,140,912$ 20,168,270$ 799,919$ 20,968,189$ Ge ne ral Fund Detailed explanations for the adjustments are included as part of the exhibits to the resolution. Other funds: Council has approved various amendments to funds throughout 2024 relating to new construction/improvement or other projects. A separate list is included for additional transfers needed for funds not presented above. January 1, 2024 fund balances: The budgeted January 1, 2024 fund balance for all funds was adopted based on estimates from the prior year. The beginning fund balances for all funds are amended to the actual fund balance on January 1, 2024. January 1, 2024 net position (Enterprise/Internal Service Funds): Page 267 of 315 The budgeted January 1, 2024 net position for all Enterprise and Internal Service funds was adopted based on estimates from the prior year. The beginning net position for all funds are amended to the actual net position on January 1, 2024. Supporting Information •Resolution o Exhibit A: General Fund o Exhibit B: Other Funds (Capital Project Fund, Improvement Construction Fund, Pavement Management Fund, Park Bonds Fund, Park Dedication Fund, Utility Trunk Funds. MSA Fund, and Communications Fund) Financial Impact: $ Budgeted: Y☒ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Julie Stahl, Finance Director See attached Various 2024 Budget Page 268 of 315 CITY OF LAKEVILLE RESOLUTION NO. ________ Resolution Amending the 2024 Budget BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota as follows: 1. The 2024 budget for the General Fund is hereby amended for the fiscal year ending December 31, 2024 as per Exhibit A, as attached hereto. 2. The 2024 budget for construction/improvement or other projects are hereby amended for the fiscal years ending December 31, 2024 as per Exhibit B, as attached hereto. 3. The 2024 budgets for all funds are hereby amended to reflect the actual January 1, 2024 fund balance. ADOPTED by the Lakeville City Council this 16th day of December 2024. ________________________________ Luke M. Hellier, Mayor ________________________________ Ann Orlofsky, City Clerk Page 269 of 315 Exhibit A (1) Revenues Intergovernmental 119,526 Expenditures Other Charges and Services 119,526 (2) Revenues Intergovernmental 155,222 Fund Balance (Increase)(155,222) (3) Revenues Intergovernmental 26,000 Expenditures Personnel - wages & benefits 14,656 Other charges - tuition 11,344 (4) Revenues Charges for services 44,300 Expenditures Other Charges and Services 44,300 (5) Revenues Building Permits (300,000) Fund Balance Decrease 300,000 (6) Revenues Interest Income 300,000 Fund Balance (Increase)(300,000) (7) Expenditures Personnel 42,050 Operating Supplies 10,000 Other Contractual 600 Fund Balance Decrease 52,650 (8) Expenditures Other contractual 10,000 Fund Balance Decrease 10,000 (9) Expenditures Other (3,676) Fund Balance (Increase)(3,676) Interest Income Adjust based on current market conditions. Contingency City Clerk-Elections Adjust for Election amendments Legal Fire State Aid Amend the Fire Relief Association contribution resulting from increase in state aid. Police State Aid Amend the Police state aid due to increase over estimates. Recreation Revenue and Expenditures Adjust recreation revenue and expenditures based on program registrations and rentals. Building Permit Revenues Adjust building permit revenues. Police State Grant Amend the Police budget to reflect ICOPET grant (1 cadet). In total $50k but will be split between FY24 and FY25. Page 270 of 315 Exhibit B (1) CPF- Park Dedication Fund, F4200: Transfer Out (CPF, Park Dedication Fund, F4200)1,400,000 Fund Balance - Decrease 1,400,000 CPF- Arenas Capital Improvement Fund, F4161: Transfer In (CPF, Arenas Capital Improvement Fund, F4161)1,400,000 Engineering Costs (4161.4164.6213.00.P22-18)100,000 Other Charges and Services (4161.4164.6280.00.P22-18)1,300,000 (2) Expenditures: Capital Outlay - Pavement Management Fund, F5300 50,756 Other Charges and Services -Sanitary Sewer Operating Fund, F7700 33,975 (3) Revenues: Bond Proceeds (F6595, 2024A- CP24-02)1,812,016 Bond Premium (F6595, 2024A- CP24-02)461,745 Interest earnings (F6595, 2024A- CP24-02)55,000 Bond Proceeds (F6596, 2024A- CP24-03)49,944 Bond Premium (F6596, 2024A- CP24-03)217,292 Interest earnings (F6596, 2024A- CP24-03)17,000 (4) A)Expenditures: Capital Outlay - Parks and Recreation, BU 4704 680,000 Revenues: Interest Earnings (2022C)68,614 Fund Balance - Decrease 611,386 B)Transfer Out (Park Bonds Fund, Antlers Park, BU 4704)2,422,200 Transfer In (Park Bonds Fund, Grand Prairie Park project, BU 4721)2,422,200 Hasse Outdoor Pavillion, City Project 22-18 Amend the Capital Project Fund (CPF) budgets for 2024 cost estimates and transfers between funds needed in 2024. Costs were initially budgeted in 2022 and 2023, but work continued into 2024. The transfer amount is an estimate based on projected remaining work to be completed during 2024, and the actual transfer from the Park Dedication Fund to the Arenas Capital Project Fund will be based on actual costs incurred. Misc. Roadway Repairs, City Project #24-01 Amend the Pavement Management Fund (F5300) and Sanitary Sewer Operating Fund (F7700) for change orders/additional costs incurred on this project, including additional cost allocation to the Sanitary Sewer Operating Fund. 2024 Street Projects, City Project #24-02 and 24-03 Amend the Improvement Construction Fund for changes to actual bond principal/premium received in 2024 compared to original budget amounts, including projected interest earned during 2024. Antlers Park Project, City Project #22-10 A) Amend the Park Bond Fund budget for YTD and projected costs recorded on the Antlers Park project in 2024. B)Amend the Park Bond Fund budgets for a transfer of excess 2022C bond proceeds from the Antlers Park project #CP22-10 to the Grand Prairie Park project #24-20, including a portion of the bond premium received and the interest earnings recorded to the project. Page 271 of 315 Exhibit B (5) Water Trunk Fund Expenditures: Capital Outlay CP24-20 - F5500 (Grand Prairie Park)611,832 Capital Outlay CP23-60 - F5500 (I35 water crossing)30,865 Capital Outlay CP24-07 - F5500 (Well #23)825,280 Revenues Connection Charges - F5500 547,350 Water Lateral Access Charges - F5500 45,982 Special Assessments - F5500 14,230 Charges for Services-CP24-04 - F5500 (developer reimbursement)110,578 Fund Balance - Decrease 749,837 Sanitary Sewer Trunk Fund Expenditures: Capital Outlay CP24-20 - F5600 (Grand Prairie Park)291,596 Capital Outlay F5600 (Developer Trunk Construction)80,246 Capital Outlay CP24-09 - F5600 (New lift station)151,640 Revenues Connection Charges - F5600 169,950 Availability Charge - F5600 268,794 Charges for Services- F5600 (developer reimbursement)211,118 Special Assessments - F5600 3,490 Charges for Services-CP24-04 - F5600 (developer reimbursement)113,536 Fund balance (Increase)(243,406) Stormwater Infrastructure Fund Expenditures: Capital Outlay CP24-20 - F5400 (Grand Prairie Park)721,017 Capital Outlay F5400 (Developer Trunk Construction)(169,063) Capital Outlay-Storm land - F5400 97,845 Capital Outlay F5400 (CP23-59)5,500 Revenues Storm Sewer Area Charge - F5400 500,997 Other Governmental Revenues- CP24-20 Vermillion - F5400 278,060 Other Governmental Revenues- CP24-02 Vermillion - F5400 91,940 Fund balance (Increase)(215,698) Park Dedication Fund Expenditures: Capital Outlay-Land - F4200 46,500 Revenues Park Dedication Fees- F4200 1,113,966 Transfer OUT (Park Bonds Fund, Grand Prairie Park project, BU 4721)(2,031,706) Fund balance (Increase)(3,099,172) Water Trunk Fund, Sanitary Sewer Trunk Fund, Stormwater Infrasture Fund, Park Dedication Fund Amend the Water Trunk Fund, Sanitary Sewer Trunk Fund, Stormwater Infrastrure Fund and Park Dedication Fund to adjust for increases in development-related revenues received compared to amounts budgeted, as well as other cost adjustments needed for revised cost projections on larger projects in these funds and removal of a transfer from Park Dedication to Park Bonds Fund due to excess bond proceeds available from other Park Bond Fund projects as noted above (Antlers Park project). Page 272 of 315 Exhibit B (6) Expenditures: Capital Outlay - F5200 (CP24-04)45,573 Revenues: Charges for Services-District 196/Developers- F5200 (CP24-04)1,545,577 Intergovernmental Revenues- Dakota County- F5200 (CP24-04)36,259 Proceeds from Note issued (Advance from Dakota County)- F5200 (CP24-04)60,504 Fund balance (Increase)(1,596,767) (7) A)Expenditures: Other costs- replace downtown banners (2000.2007.6310.00)5,153 Revenues: Local donation (2000.2000.4350.00)1,442 Fund Balance - Decrease 3,711 B)Expenditures: Attorney fees (2000.2005.6211.00)(5,000) Print Public Information (2000.2007.6252.00)3,503 Small Tools and Equipment (2000.2005.6140.00)1,000 Revenues: Fund balance (Increase)(497) C)Revenues: Licenses Cable TV (2000.2000.4127.00)(93,749) PEG Fees (2000.2000.4354.00)(5,576) Fund Balance - Decrease 99,325 Communications Fund amendments A) Add costs for replacement of downtown banners, including a contribution from the Visitors Bureau. B) Increase budget for quarterly newsletter and small tools/equipment to reflect 2024 projections higher than estimated. Decrease in attorney fees estimated but not needed in 2024. C) Adjust cable TV license fee and PEG fee projections to reflect decreases compared to 2024 estimates. 185th St Improvements, City Project #24-04 Amend the Municipal State Aid Budget for revenues received from developers, amounts invoiced to the County, and projected 2024 costs on this project, which was substantially completed during 2023. Punch list work and final cost reconciliations incurred during 2024, as well as finalization of contracts with developers adjacent to the improvements. Page 273 of 315 Date: 12/16/2024 179th Street Apartments Preliminary Plat and CUP Extension Proposed Action Staff recommends adoption of the following motion: Move to approve a one-year extension to the 179th Street Apartments preliminary plat and conditional use permit approval. Overview TE Miller has submitted a request to extend the preliminary plat and conditional use permit approval for 179th Street Apartments, which was originally approved by the City Council on December 5, 2022. One year ago, the Community Development Department approved a one- year administrative extension of the approvals. Extensions beyond two years require City Council approval. If approved, the preliminary plat and CUP approvals would be extended to December 5, 2025. The Developer initially planned to allow the approvals to lapse, but early last week asked for the extension as they consider options for the site. Supporting Information 1. TE Miller Extension Request 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 274 of 315 Robb Miller TE Miller Development December 3, 2024 Zoning Administrator City of Lakeville Re: Extension of approvals for 179th Street Apartments To Whom It May Concern, TE Miller Development is requesting an extension for both the preliminary plat and conditional use permit approved by the city of Lakeville on December 5, 2022 for the 179th Street Apartments project. We wish to extend both conditional use permit and preliminary plat approval for the duration of one year which would extend approvals from December 5, 2024 to December 5, 2025. The reason for the requested extension is unsuitable market conditions related to project financing and construction costs. We expect market conditions to be more favorable in the second half of 2025. We appreciate your time and consideration. Feel free to reach out to me if you have any questions. Regards, rmiller@temiller.com 612-868-7501 Page 275 of 315 Date: 12/16/2024 Resolution Approving the Acquisition of Real Property. Proposed Action Staff recommends adoption of the following motion: Move to authorize staff to bid on tax- forfeited property at the Dakota County public auction pursuant to the direction provided during the closed meeting concerning the acquisition of the property. Overview During the 2024 legislative session state statutes regarding the acquisition of tax-forfeited property was revised to require all properties to be placed up for public action. Prior to this, government units were provided the opportunity to acquire tax forfeit properties for public uses before being auctioned. In December, the city received the attached notice and exhibit from Dakota County indicating a parcel adjacent to the Meadows Park had gone into forfeiture and is due to be publicly auctioned on January 6, 2025. The parcel has been historically used by the neighborhood for public access to the park and has been mowed and maintained by the parks department since the mid- 1980s. This is the only access to the park for most of the neighborhood to the west. With the change in the legislation, the city must complete the following steps: 1. Obtain a memo from the Community Development Department indicating the acquisition of the property by the city is consistent with the adopted Lakeville Comprehensive Land Use Plan. 2. Hold a closed City Council meeting pursuant to state statute to determine a not to exceed bid amount. 3. During a regular City Council meeting, consider a resolution authorizing staff to bid on the property pursuant to the not to exceed bid amount provided during the closed meeting. Attached is a memo from the Community Development Department indicating the acquisition is consistent with the Comprehensive Land Use Plan and a resolution for City Council consideration authorizing staff to bid on the property pursuant to the not to exceed bid amount provided during the closed meeting. Page 276 of 315 Supporting Information 1. Planning Letter - Forfeit Property Acquisition - Meadows Park 2. DOCS-#233951-v1- RESOLUTION_APPROVING_ACQUISITION_OF_PROPERTY_THROUGH_PUBLIC_BI D 3. Dakota County Notice - Tax Forfeit Property Financial Impact: $N/A Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Allyn Kuennen, Assistant City Administrator Page 277 of 315 City of Lakeville Community Development Department Memorandum To:Allyn Kuennen, Assistant City Administrator From:Kris Jenson, Planning Manager Date:December 10, 2024 Subject:City acquisition of tax forfeit property The parcel identified as PID# 22-48200-00-020 is adjacent to Meadows Park. If this parcel is acquired by the City of Lakeville and used for park purposes, the use will be consistent with the city’s Zoning Ordinance and Comprehensive Land Use Plan. Page 278 of 315 233951v1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. _____ RESOLUTION APPROVING THE ACQUISITION OF REAL PROPERTY WHEREAS, the City received a notice of public auction from Dakota County attached hereto as Exhibit A concerning tax-forfeited property located on Jaguar Avenue and abutting Meadows Park, identified as PID 22-48200-00-020 (“Property”); WHEREAS, the City proposes to bid on the Property at the public auction for the purpose of providing City access to Meadows Park; WHEREAS, the planning agency has reviewed the acquisition and finds that it is consistent with the City’s comprehensive municipal plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville that the City Administrator or his or her designee is authorized to bid on the Property at the public auction pursuant to the direction provided during the closed meeting concerning the acquisition of the Property. ADOPTED this _______ day of December, 2024, by the City Council of the City of Lakeville. CITY OF LAKEVILLE BY: _______________________________ Luke M. Hellier, Mayor ATTEST: ______________________________ Ann Orlofsky, City Clerk Page 279 of 315 233951v1 EXHIBIT A Page 280 of 315 Page 281 of 315 Page 282 of 315 Date: 12/16/2024 Public Hearing to vacate easements and consider the final plat of Ritter Meadows Third Addition Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution vacating public drainage and utility easements, and 2) approve the Ritter Meadows Third Addition final plat. Overview This action includes a public hearing to consider the vacation of a public drainage and utility easement and separate action for the consideration of a final plat. TCLD LF3 Ritter, LLC has submitted final plat and easement vacation applications for Ritter Meadows Third Addition, which replats 70 attached townhome unit lots. To streamline the process, Community Development Department staff recommends that the City Council hold the public hearing for the easement vacation, which may be followed by motions to consider the easement vacation and final plat. These unit lots were originally platted with the Ritter Meadows final plat. This replat does not change the number of attached townhome lots, but does increase the depth of the unit lots to accommodate a larger townhome unit. The easements proposed to be vacated will be replaced on the Ritter Meadows Third Addition final plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. A development contract for the Ritter Meadows Third Addition is required to memorialize the required fee for base map updating. The Ritter Meadows Third Addition development contract also states that the replatted lots included within the plat are still subject to the requirements of the Ritter Meadows development contract. Supporting Information 1. Final plat resolution 2. Easement vacation resolution 3. Signed development contract 4. Final plat 5. December 10, 2024 Planning Report 6. December 5, 2024 Engineering report Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Page 283 of 315 Report Completed by: Kris Jenson, Planning Manager Page 284 of 315 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 24-______ RESOLUTION APPROVING THE FINAL PLAT OF RITTER MEADOWS THIRD ADDITION WHEREAS, the owner of the property described as RITTER MEADOWS THIRD ADDITION has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council; and WHEREAS, the final plat is consistent with the preliminary plat; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. The RITTER MEADOWS THIRD ADDITION final plat is approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to sign the development contract and the final plat mylars. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 16th day of December 2024. CITY OF LAKEVILLE Page 285 of 315 2 Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) CITY OF LAKEVILLE ) I hereby certify that the foregoing Resolution No. 24-____is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 16th day of December 2024 as shown by the minutes of said meeting in my possession. __________________________ Ann Orlofsky City Clerk (SEAL) Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 286 of 315 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. 24-______ RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider vacating the following described drainage and utility easements; and WHEREAS, the City Council has determined that it is in the public interest to vacate said drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public drainage and utility easements are hereby vacated: The drainage and utility easements embraced within Blocks 1, 2, and 3, RITTER MEADOWS, and Outlots B and C, RITTER MEADOWS SECOND ADDITION, as dedicated on the recorded plats thereof, Dakota County, Minnesota. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 16th day of December 2024. CITY OF LAKEVILLE BY:________________________ Luke M. Hellier, Mayor Page 287 of 315 2 ATTEST: BY:________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA) ( DAKOTA COUNTY ) I hereby certify that the foregoing Resolution No. 24-___ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the16th day of December 2024 as shown by the minutes of said meeting in my possession. __________________________ Ann Orlofsky City Clerk Seal Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 288 of 315 1 3 1 3 2 2 OUTLOT C OUTLOT B Date: Dwg Name: Design File: DE DE 2220122 Checked By: Drawn By: 1" = 200' Scale: ESM VAC 11/13/24 RITTER MEADOWS/RITTER MEADOWS SECOND ADDITION DRAINAGE AND UTILITY EASEMENT VACATION EXHIBIT LAKEVILLE, MINNESOTA 733 Marquette Ave, Ste 700 Minneapolis, MN 55402 612.758.3080 612.758.3099 www.alliant-inc.com MAIN Alliant Engineering, Inc. FAX Description of Drainage and Utility Easements To Be Vacated The drainage and utility easements embraced within Blocks 1, 2, and 3, RITTER MEADOWS, and Outlots B and C, RITTER MEADOWS SECOND ADDITION, as dedicated on the recorded plats thereof, Dakota County, Minnesota. DRAINAGE AND UTILITY EASEMENT VACATION AREA Page 289 of 315 1 233948v5 Ritter Meadows Third Addition (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) RITTER MEADOWS THIRD ADDITION THIS DEVELOPMENT CONTRACT (the “Contract”) dated ____________________, 2024, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and TCLD LF3 RITTER, LLC, a Minnesota limited liability company (the “Developer”). RECITALS A. The City and Developer previously entered into a Development Contract dated June 17, 2024, filed July 23, 2024 with the office of the County Recorder, Dakota County Minnesota, as Document No. 3638351, (“RM Contract”) for the development of the Ritter Meadows plat; B. The Ritter Meadows Third Addition plat is a replat of a portion of the townhome lots originally platted with the Ritter Meadows plat to extend the length of the unit lots to accommodate larger structures within the lots. C. The parties intend that the Ritter Meadows Third Addition plat will be subject to the terms of the RM Contract. Page 290 of 315 2 233948v5 Ritter Meadows Third Addition 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for RITTER MEADOWS THIRD ADDITION (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Lots 1-28, Block 1, Lots 1-30, Block 2 and Lots 1-9, 15-19 & 25, Block 3, Ritter Meadows, Dakota County, Minnesota, according to the recorded plat thereof; And Outlots B and C, Ritter Meadows Second Addition, Dakota County, Minnesota, according to the recorded plat thereof. [to be platted as Ritter Meadows Third Addition, Dakota County, Minnesota.] 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future Page 291 of 315 3 233948v5 Ritter Meadows Third Addition subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within four (4) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For four (4) years from the date of this Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Page 292 of 315 4 233948v5 Ritter Meadows Third Addition Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s Page 293 of 315 5 233948v5 Ritter Meadows Third Addition inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform Page 294 of 315 6 233948v5 Ritter Meadows Third Addition dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2025, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within thirty (30) days after demand Page 295 of 315 7 233948v5 Ritter Meadows Third Addition by the City, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. The Developer is responsible for obtaining a MPCA Construction Permit and updating the SWPPP, including changes during construction, for the duration of the project. The permit requires that all erosion and sediment BMPs be clearly outlined in the project SWPPP. The Developer is responsible for the establishment of native vegetation around all stormwater management basins within the buffer areas. Redundant silt fence is required along all waterways that do not have an established 50-foot buffer. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures shall be installed and maintained by the Developer. The MS4 Administration Fee for Ritter Meadows Third Addition has been collected with the Ritter Meadows final plat. 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Page 296 of 315 8 233948v5 Ritter Meadows Third Addition Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. Ritter Meadows Third Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. Page 297 of 315 9 233948v5 Ritter Meadows Third Addition 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND AS-BUILT RECORD DRAWING PREPARATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation and as-built record drawing preparation performed by the City’s in- house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost. Construction as-built record drawing preparation shall include field surveying, preparation of as-built record drawings and updating the City’s GIS database and will be billed on hourly rates estimated to be one half of a percent (0.5%) of the estimated construction cost. 19. STORM SEWER. The Storm Sewer Charge was collected with the Ritter Meadows final plat. 20. SANITARY SEWER. The Sanitary Sewer Availability Charge was collected with the Ritter Meadows final plat. 21. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction shall be determined with the final construction plans. Page 298 of 315 10 233948v5 Ritter Meadows Third Addition 22. PARKS, TRAILS, AND SIDEWALKS. The Developer shall install five-foot-wide concrete sidewalks, with pedestrian curb ramps, along one side of all local streets. The Park Dedication requirement was collected with the Ritter Meadows final plat. 23. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer posted a $26,175.00 landscaping security with the Ritter Meadows final plat to ensure that the landscaping is installed in accordance with the approved plan, which security shall apply to this plat. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. 24. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the April 29, 2024, Planning Report, and May 6, 2024, Engineering Report for Ritter Meadows, and the December 5, 2024 Engineering Report for Ritter Meadows Third Addition. B. The Developer shall submit HOA documents establishing a homeowners association for the exterior maintenance of the attached townhome units as well as the ownership and maintenance of the following common area lots: Lot 28, Block 1, Lot 30, Block 2, Lot 15, Block 3, at the time of final plat approval, subject to review and approval of City staff and the City Attorney, unless all such attached townhome units and the applicable common area lots (collectively, the “Neighborhood Property”) are owned by a single individual property owner having responsibility for such maintenance (‘Neighborhood Owner”) and the Neighborhood Property is subject to a declaration (“Declaration”) prohibiting conveyance of any portion of the Neighborhood Property apart from the remainder of the Neighborhood Property without compliance with the Minnesota Page 299 of 315 11 233948v5 Ritter Meadows Third Addition Common Interest Ownership Act, Minn.. Stat. Chapter 515B, as amended, and applicable City Code provisions. C. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer previously posted security with the Ritter Meadows plat for the final placement of interior subdivision iron monuments at property corners, which security shall apply to this plat. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. D. Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. 25. SUMMARY OF SECURITY REQUIREMENTS. The security provided by the Developer with the RM Contract in the amount of $3,148,221.68 shall apply to the plat of Ritter Meadows Third Addition to guarantee compliance with the terms of both the RM Contract and this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, except as otherwise provided herein, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, Page 300 of 315 12 233948v5 Ritter Meadows Third Addition with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. 26. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Property Data and Asset/Infrastructure Management Fee $6,570.00 TOTAL CASH REQUIREMENTS $6,570.00 27. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work if the Developer fails to timely perform such work; provided the Developer is first given notice of the work in default not less than five (5) business days in advance, except that no notice is required in an emergency as determined by the City. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. Page 301 of 315 13 233948v5 Ritter Meadows Third Addition 28. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. Page 302 of 315 14 233948v5 Ritter Meadows Third Addition F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to City or MCES sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 29. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 30. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except three (3) model homes on lots acceptable to the Building Page 303 of 315 15 233948v5 Ritter Meadows Third Addition Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Page 304 of 315 16 233948v5 Ritter Meadows Third Addition I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to their insurance professional for verification that the certificate of insurance is in compliance with the requirements of the Development Contract. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. Page 305 of 315 17 233948v5 Ritter Meadows Third Addition All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order Page 306 of 315 18 233948v5 Ritter Meadows Third Addition as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 31. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer in care of Ben Schmidt by certified mail at the following address: 4800 Olson Memorial Highway, Suite 200, Golden Valley, Minnesota 55422. Notices to the City shall be in writing and shall be either hand delivered to the City Page 307 of 315 19 233948v5 Ritter Meadows Third Addition Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. 32. RM CONTRACT. All terms and obligations of the RM Contract shall apply to Ritter Meadows Third Addition plat as applicable to the lots within the plat, except as otherwise modified by the approved plans. All securities and escrows provided under the RM Contract shall be applied to Ritter Meadows Third Addition Plat. Page 308 of 315 20 233948v5 Ritter Meadows Third Addition CITY OF LAKEVILLE BY: ___________________________________________ Luke M. Hellier, Mayor (SEAL) AND __________________________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2024, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC Page 309 of 315 Page 310 of 315 S82°30'03"W 28 2 . 5 7S06°55'31"E 88.77S83°04'29"W 170.00 S87°40'30"W 166.00 S02°19'30"E 195.00S87°40'30"W 166.00 2 11 12 30 OUTLOT A 25.5915.27S02°05'12"W 110.7315 S86°17'28"W 207.07 S01°34'38"E 159.27S70° 0 6 ' 5 6 " E 1 3 0 . 8 7 S70° 0 6 ' 5 6 " E 1 4 0 . 0 0 N88°25'22"E 90.50 33.0033.0026.0026.0026.0026.0026.0026.0026.0033.0022.2726.00N88°25'22"E 90.50 N88°25'22"E 90.50 N88°25'22"E 90.50 N88°25'22"E 90.50 N88°25'22"E 90.50 N89°09'08"W 168.00 N89°09'08"W 168.00S00°50'52"W 78.00S00°50'52"W 78.00S00°50'52"W 78.00S00°50'52"W 78.00S00°50'52"W 78.00S00°50'52"W 78.00S00°50'52"W 78.0032.00 26.00 26.00 26.00 26.00 32.00 32.0026.0026.0026.0026.0032.00 30.0 0 26.0 0 26.0 0 26.0 0 32.0 0 26.0 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90.5033.00 33.00 26.00 26.00 33.0026.00 26.00 33.00 33.00 26.00 26.00 26.00 33.00 26.00 26.00 33.00 26.00 32.00 26.00 26.00 26.00 32.00 32.0026.0026.0026.0032.00 33.00 26.00 26.00 26.00 33.00 33.00 26.00 26.00 26.00 33.00 33.00 26.00 26.00 26.00 26.00 33.00 33.00 26.00 26.00 26.00 26.00 33.00 S01°34'38"E 224.74S82°30'03"W 28 2 . 5 7 S77°10' 3 0 " E 9 2 . 8 7 S87°38'56"W 109.10 N00°30'21"E 835.98N66°4 5' 3 0" E 1 9 0. 0 4 N29°58'58"W 31.12N23°57'32"E27.80S15°52'10"E 31.59 N39°51'04"W 10.93 N83°27'48"W 7 3 . 7 5 S5 8 ° 5 8 ' 4 4 " E 11. 2 2 S72° 1 9 ' 1 5 " E 18.87 N79°06'19"E 36.92 S72° 1 3 ' 4 6 " E 11.57 S70° 2 4 ' 0 8 " E 1 0 5 . 2 0 S44°13'43"E 22.08 N34°17'06"E 13.27 S60°02'16"E 7.48 22.8 7 26.00 33.00 33.00 30.00 30.00 26.00 S89°29'17"E 240.78 R=580.00 L=56.62 =5°35'36" C.Brg=S29°15'52"W C=56.60 N66 ° 2 9 ' 5 0 " W 2 9 3 . 0 3 N78°01' 2 5 " W 1 6 1 . 7 3 S88°20'37"W 163.20 N89°28'49"W 181.54 N03°32'37"E 253.24R=560.00 L=8.25 =0°50'40" C.Brg=N2°38'43"W C=8.25N03°04'04"W 108.55R=500.00L=57.69=6°36'40"N89°09'08"W 197.34 R=3 7 0 .0 0 L =9 5 .5 0 Δ=1 4 °4 7 '2 1 " R =6 3 0 .0 0 L=411.7 2 Δ=37 °26'39" N66 ° 2 9 ' 5 0 " W 1 9 8 . 6 7 N89°09'08"W 197.33 R=4 3 0 .0 0 L =1 1 0 .9 9 Δ=1 4 °4 7 '2 1 " R =5 7 0 .0 0 L=37 2 .51 Δ=37 °26'39" N77°10' 3 0 " W 9 9 . 0 2 S43°45'56"W 42.55S80°08'51"W 8 7 . 0 9R=440.00L=145.80Δ=18°59'09"R=500.00L=291.72Δ=33°25'43"N03°32'37"E 256.91R=732.00L=113.51Δ=8°53'08"C.Brg=S16°42'41"WC=113.41N66 ° 2 9 ' 5 0 " W 46. 5 0 2 R=300.00L=125.42Δ=23°57'15"C.Br g=N17°54'29"WC=124.51S00°30'43"W 40.00 N89°29'17"W 40.00N03°04'04"W 84.33S77°10' 3 0 " E 9.20 9.18 18.10 N07°52'30"E 20.07 R=1000.00L=75.68Δ=4°20'09"C.Brg=N29°53'35"EC=75.66S00°02'10"E 24.71 S89°38'56"W 152.02 26.0026.0026.0026.0033.00 S68°38'02"E 20.08 26.0 0 26.0 0 30.0 0 28 26.0026.0026.0033.00 S06°55'31"E 88.77S06°55'31"E 90.47S01°34'38"E 170.00N88°25'22"E 79.64 26 2524 2322 2120191817 27 16151413121110987 654321 1 2 3 4567111098 17 16 15 14 13 12 22 21 20 19 1823 28 27 26 25 29 24 4 3 2 1 5 6 7 8 9 10 11 12 13 14 1 28 1 30 3 15 3 Δ=6°36'41" (M)(P)N43°07'13"E 19.52 86.97 S88°20'37"W 142.00 S01°39'23"E 78.00S12°57'51"W 88.00N77°02' 0 9 " W 144.00 17 16 1 28 OFFICIAL PLAT RITTER MEADOWS THIRD ADDITION DETAIL A DETAIL B Page 311 of 315 1 City of Lakeville Community Development Dept. Memorandum To:Mayor and City Council From:Kris Jenson, Planning Manager Date:December 10, 2024 Agenda Item: Ritter Meadows Third Addition easement vacation public hearing REQUEST TCLD LF3 Ritter, LLC has applied for the vacation of public drainage and utility easements within a portion of the Ritter Meadows final plat, which was approved by the City Council on May 20, 2024. The applicant is replatting 70 unit lots from the Ritter Meadows final plat to expand the depth of the unit lots to accommodate larger townhome units and there is no change in the number of units. In conjunction with the final plat, the drainage and utility easements that are on the lots included in the replat must be vacated and will be replatted with the Ritter Meadows Third Addition final plat. The plans have been reviewed by the Engineering Division. The legal description of the easements proposed to be vacated is: The drainage and utility easements embraced within Blocks 1, 2, and 3, RITTER MEADOWS, and Outlots B and C, RITTER MEADOWS SECOND ADDITION, as dedicated on the recorded plats thereof, Dakota County, Minnesota. RECOMMENDATION Community Development Department staff recommends approval of the vacation of drainage and utility easements in conjunction with the Ritter Meadows Third Addition final plat, subject to the easement vacation resolution being recorded with Dakota County. Page 312 of 315 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: Julie Stahl, Finance Director Tina Goodroad, Community Development Director Dave Mathews, Building Official Date: December 5, 2024 Subject: Ritter Meadows Third Addition • Final Plat • Final Utility Plan • Final Grading and Erosion Control Plan • Final Tree Preservation • Easement Vacation BACKGROUND TCLD LF3 Ritter, LLC (Twin Cities Land Development) submitted a final plat named Ritter Meadows Third Addition. The subdivision is located north of and adjacent to 205th Street, and west of and adjacent to Interstate 35. This is a revision of a portion of the Ritter Meadows final plat that was approved on May 20, 2024. The Ritter Meadows Third Addition final plat revises the previously approved final plat to increase the footprint of 70 of the proposed townhome lots. The final plat consists of 70 attached townhome lots and three common area lots within three blocks on 8.86 acres. The development will be completed by: Developer: TCLD LF3 Ritter, LLC (Twin Cities Land Development) Engineer/Surveyor: Alliant Page 313 of 315 RITTER MEADOWS THIRD ADDITION – FINAL PLAT DECEMBER 5, 2024 PAGE 2 OF 2 SITE CONDITIONS The Ritter Meadows Third Addition site has been mass graded by the Developer, following preliminary plat approval and the issuance of a grading permit. Construction of utilities and road sections is actively taking place on site following City Council approval of Ritter Meadows final plat and Ritter Meadows Second Addition final plat. EASEMENTS Easements contained in the Ritter Meadows final plat shall be vacated prior to approval of the Ritter Meadows Third Addition final plat. SECURITIES The Developers provided a Letter of Credit as security for the Developer-installed improvements with the Ritter Meadows final plat. Construction costs were based upon estimates submitted by the Developer’s engineer on February 21, 2024 (revised May 14, 2024). CASH FEES A cash fee for the preparation of addressing, property data, and City base map updating shall be paid with the final plat and is calculated as follows: 73 lots x $90.00/unit = $6,570.00 Lots/Outlots Ritter Meadows Third Addition 2024 Rate Property Data & Asset/Infrastructure Mgmt. Fee Ritter Meadows The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. CASH REQUIREMENTS Property Data and Asset/Infrastructure Management Fee $ 6,570.00 TOTAL CASH REQUIREMENTS $ 6,570.00 RECOMMENDATION Engineering recommends approval of the final plat, grading and erosion control plan, tree preservation, and utility plan for Ritter Meadows Third Addition, subject to the requirements and stipulations within this report. Page 314 of 315 Date: 12/16/2024 Report on City Administrator's Performance Evaluation Proposed Action Staff recommends adoption of the following motion: The Personnel Committee will summarize the conclusion of the City Administrator's performance evaluation and make a motion setting the City Administrator's salary with an effective date. Overview After the regular City Council meeting of December 2, 2024, the Mayor and City Council conducted an annual performance evaluation for the City Administrator, Justin Miller. Pursuant to Minnesota State Statute 13D.05, the review may be held in a closed session, but the conclusions must be reported at the next open meeting of the City Council. Per the City Administrator's employment agreement, the Mayor and City Council will also review compensation on an annual basis. Supporting Information None Financial Impact: $ Budgeted: Yes Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Alissa Frey, Human Resources Director Page 315 of 315