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HomeMy WebLinkAbout02-18-2025 AGENDA CITY COUNCIL MEETING February 18, 2025 - 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: 271 988 463 364 or by calling Toll Number 1-323-433-2142; Conference ID: 815 799 765#. 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. Minnesota Energy and the Friends of the Lakeville Area Arts Center b. Minnesota School Bus Driver Appreciation Day Proclamation c. Fire Department Annual Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 02/03/2025 City Council Meeting c. Final Order for the OLAM Holdings Industrial Development Alternative Urban Areawide Review (AUAR) d. Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization and Dakota County, and Supplemental Agreement for Professional Services with Stantec for North Creek Watershed Stormwater Management Improvements e. Resolution Awarding Construction Contract to Sunram Construction for Stormwater Management Basin Maintenance f. Annual Purchase of Hydrant Parts g. Purchase of Pressure Reducing Valves and Meter Couplings h. Encroachment Agreement with Sinnakaruppan Family Trust for Private Improvements in Public Easements Page 1 of 237 City Council Meeting Agenda February 18, 2025 Page 2 i. Agreement with RES PYRO for July 4th Fireworks Display j. Resolution Authorizing Issuance and Sale of General Obligation Bonds, Series 2025A k. Resolution Amending Lakeville Fire Relief Association Bylaws Relating to Pension Vesting Schedules and Board Appointed Trustee Compensation and Repealing Resolution No. 25-017 l. Resolution Awarding Professional Services Agreement to Twin Cities Abatement Technologies for Abatement Activities at the FiRST Center m. Professional Services Agreement for Instrumentation and Control Support Services n. Resolution Approving Charitable Gambling Eastview Hockey Association 7. Action Items a. Consider a Preliminary Plat for Airlake DEA b. North Creek Manufactured Home Park Conditional Use Permit 8. Unfinished Business 9. New Business 10. Announcements a. Next Work Session Monday, February 24, 2025 b. Next City Council Meeting Monday, March 3, 2025 11. Adjourn Page 2 of 237 Date: 2/18/2025 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview Checks 325200- 325275 $1,359,596.76 ACH/EFT 19659- 19819 $19,683,507.57 Total $21,043,104.33 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. The City is the fiscal agent for Lakeville Arenas and Dakota 911 and processes accounts payable invoices and payments which is not included in the total above. Supporting Information 1. 02.11.25CKSUM-ACH-EFT 2. 02.11.25CKSUM-Checks 3. Check Register 02.11.25 for Feb 18, 2025 Council Mtg - ACH-EFT 4. Check Register 02.11.25 for Feb 18, 2025 Council Mtg - Checks Financial Impact: $21,043,104.33 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 3 of 237 Page 4 of 237 Page 5 of 237 MINUTES CITY COUNCIL MEETING February 3, 2025 - 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; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3.Citizen Comments None 4.Additional agenda information None 5.Presentations/Introductions a.Metropolitan Mosquito Control Alex Carlson provided an overview on Metropolitan Mosquito Control. b.Police Department Quarterly Update Police Chief Brad Paulson provided the department's quarterly update. 6.Consent Agenda Motion was made by Bermel, seconded by Lee, 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 01/21/2025 City Council Meeting c.Minutes of the 01/27/2025 City Council Work Session d.Keokuk Property Purchase Agreement First Amendment e.Approve Plans and Specifications and Set a Bid Date 2025 Street Reconstruction Project f.Lakeville 35 Logistics Park North Addition Final Plat g.Calling Public Hearing on Unpaid Special Charges Page 6 of 237 City Council Meeting Minutes February 3, 2025 Page 2 h.Resolution Amending the Lakeville Fire Relief Association Bylaws Relating to Pension Vesting Schedules and Board Members Compensation 7.Action Items a.Public Hearing on the application for Taqueria Los Compadres for an On-Sale and Sunday Liquor License Mayor Hellier opened the public hearing at 6:37 p.m. There were no comments from the public. Motion was made by Lee, seconded by Volk, to close the public hearing at 6:38 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Bermel, seconded by Wolter, to grant an On-Sale and Sunday Liquor License for Taqueria Los Compadres. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter b.Public Hearing for Vacation of Drainage and Utility Easement and Consider a Preliminary Plat and Conditional Use Permit for the Plat of Antlers Ridge 2nd Addition Dale Willenbring, with Tamarack Land Development, has requested vacation of public drainage and utility easements on Outlot B of Antlers Ridge and consideration of a Preliminary Plat for Antlers Ridge 2nd Addition with a Conditional Use Permit for a shoreland impact plan within the Shoreland Overlay District of Lake Marion. The development includes 26 twin home lots on property located east of Kenrick Avenue and north of 205th Street. Community Development Director Goodroad provided the background from the staff report. The parent parcel, Outlot B, Antlers Ridge, includes a 10-foot-wide drainage and utility easement along the south and west property lines. A public hearing for the vacation of those easements shall be held at the City Council meeting tonight. Mayor Hellier opened the public hearing at 6:42 p.m. There were no comments from the public. Motion was made by Wolter, seconded by Bermel, to close the public hearing at 6:43 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Wolter, seconded by Volk, to approve 1) a resolution approving the preliminary plat of Antlers Ridge 2nd Addition, 2) a conditional use permit approving a shore impact plan and adoption of the findings of fact and 3) resolution vacating drainage and utility easements. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 8.Unfinished Business Page 7 of 237 City Council Meeting Minutes February 3, 2025 Page 3 None 9.New Business None 10.Announcements a.Next Regular City Council Meeting, Tuesday, February 18, 2025 b.Next Work Session Monday, February 24, 2025 11.Adjourn Motion was made by Volk, seconded by Wolter, to adjourn at 6:46 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 8 of 237 Date: 2/18/2025 Final Order for the OLAM Holdings Industrial Development Alternative Urban Areawide Review (AUAR) Proposed Action Staff recommends adoption of the following motion: Approval of a Resolution Ordering Preparation of an Alternative Urban Areawide Review for the OLAM Holdings Property Overview The City of Lakeville is the Responsible Governmental Unit (RGU) for an Alternative Urban Areawide Review (AUAR) for the proposed Olam Lakeville Industrial Development, located on an area totaling approximately 152 acres on 4 parcels generally located south of 215th W St (CSAH 70), west of Jacquard Ave, and east of Kaparia Ave. The scoping phase recently concluded after a 30-day public comment period (from December 10, 2024, to January 9, 2025) for the Olam Lakeville Industrial AUAR. The purpose of the comments on a Scoping Document for an AUAR is to suggest additional development scenarios and relevant issues to be analyzed in the review. Dakota County, Metropolitan Council, and Minnesota Department of Natural Resources submitted comments that were addressed in the final Scoping Document for City Council adoption. The comments pertained to information on water supply, stormwater management practices, additional intersections to evaluate in the traffic study, and other water and natural resource topics that will be evaluated further in the AUAR. The comments also noted the need for caution when working near environmental resources such as the trout stream and wooded plots within the study area. The next phase of the environmental process is a Draft AUAR. This document will anticipate impacts that may result from the AUAR scenarios. It will also recommend potential actions to avoid, minimize, and mitigate those anticipated impacts. Following submittal to the Environmental Quality Board in spring 2025, another 30-day public and agency comment period will occur, and these comments will be addressed in a Final AUAR (anticipated for May/June 2025). Supporting Information 1. Resolution for OLAM Holdings Property AUAR Order 2. OLAM-Lakeville-Industrial-Development AUAR-Order Page 9 of 237 Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Tina Goodroad, Community Development Director Page 10 of 237 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION No. __________ A RESOLUTION ORDERING PREPARATION OF AN ALTERNATIVE URBAN AREAWIDE REVIEW FOR THE OLAM HOLDINGS PROPERTY WHEREAS, The City of Lakeville received a request for Environmental Review from OLAM HOLDINGS Properties for the development of the OLAM Holdings Property into industrial development; and WHEREAS, Minnesota Rules Chapter 4410.3610 provides for a substitute form of Environmental Review known as an Alternative Urban Areawide Review (AUAR) process; and WHEREAS, an Alternative Urban Areawide Review (AUAR) process allows for the environmental review of development and associated infrastructure in a particular geographic area within a jurisdiction if the local government has an adopted Comprehensive Plan; and WHEREAS, the City of Lakeville has an adopted Comprehensive Plan that identified future growth and development in the study area; and WHEREAS, the City recognized the need to begin planning for the future development of land identified in the study area so a coherent community results over the long term and infrastructure facilities are utilized in the most efficient manner; and WHEREAS, the City of Lakeville is the Responsible Governmental Unit (RGU) pursuant to Minnesota Rules Part 4410.3610 Subp. 1; and WHEREAS, the City of Lakeville anticipates future development within the OLAM Holdings Property; and WHEREAS, the study area is approximately 152 acres on four parcels located south of 215th Street W (CSAH 70); west of Jacquard Avenue and east of Kaparia Avenue; and Page 11 of 237 WHEREAS, three proposed development scenarios have been identified to be evaluated as part of the AUAR as follows: Scenario 1: includes eight (industrial buildings) for a total of 1,360,000 square feet of proposed industrial development. Scenario 2: includes seven buildings (office and industrial) for a total of 1,360,000 square feet of proposed industrial development. WHEREAS, Minnesota Rules Chapter 4410.3610 Subp. 5a requires an additional scoping step for certain large specific projects; and WHEREAS, a scoping document was developed for the OLAM Holdings Property per Minnesota Rules Chapter 4410.3610 Subp. 5a; and WHEREAS, the scoping document was available for review and comment as part of the AUAR process as described in Minnesota Rules, part 4410.3610, Subp. 5a. The 30-day comment period began on December 10, 2024 and closed at 4:00 PM on January 9, 2025; and WHEREAS, the comments received during the comment period were considered and will be incorporated into the Alternative Urban Areawide Review (AUAR) document; and WHEREAS, the City Council of the City of Lakeville deems an Alternative Urban Areawide Review (AUAR), provided for in the Minnesota Environmental Review Program, to be the most appropriate form of environmental review for the Adelmann Property. NOW, THEREFORE, BE IT RESOLVED, the City of Lakeville orders the preparation of an Alternative Urban Areawide Review (AUAR) for the proposed OLAM Holdings Property. ADOPTED this 18th Day of February, by the City Council of the City of Lakeville. Page 12 of 237 __________________________________________ Luke Hellier, Mayor ATTEST: _________________________________________ Ann Orlofsky, City Clerk Page 13 of 237 1 TO: Interested Parties (Including Minnesota Environmental Quality Board Distribution List) FROM: Tina Goodroad Community Development Director City of Lakeville DATE: January 23, 2025 SUBJECT: Final Order for the OLAM Lakeville Industrial Development Alternative Urban Areawide Review (AUAR) As the Responsible Governmental Unit (RGU), the City of Lakeville has determined that an Alternative Urban Areawide Review (AUAR) is required for the proposed Olam Lakeville Industrial Development. This document constitutes an order for review. The notice of availability of the Draft AUAR Order and Scoping Document was published in the Minnesota Environmental Quality Board’s EQB Monitor on December 10 , 2024. The scoping document was available for review and comment as part of the AUAR process as described in Minnesota Rules, part 4410.3610, subpart 5a. The 30-day comment period began on December 10, 2024 and closed at 4:00 PM on January 9, 2025. During the public comment period, comments were received from three government agencies. Comments are included in Attachment B. Pursuant to Minnesota Rules, part 4410.3610, subpart 5a(C), the purpose of the comments on a Scoping Document for an AUAR is to suggest additional development scenarios and relevant issues to be analyzed in the review. Comments may suggest alternatives to the specific large project or projects proposed to be included in the review, including development at sites outside of the proposed geographic boundary. The comments must provide reasons why a suggested development scenario or alternative to a specific project is potentially environmentally superior to those identified in the RGU’s draft order. Responses to the comments received are included in Attachment C. AUAR Study Area This AUAR study area encompasses an area totaling approximately 152 acres on 4 parcels in the City of Lakeville, Dakota County, Minnesota. The study is comprised of land generally located south of 215th W St (CSAH 70), west of Jacquard Ave, and east of Kaparia Ave. Development Scenarios Two development scenarios, defined in Table 1 and shown in Figures 2 and 3, are proposed to be evaluated in the AUAR. Page 14 of 237 2 Table 1: AUAR Development Scenarios Component Scenario 1 Scenario 2 Light Industrial (square feet) 1,360,000 1,075,000 Office/Industrial Park (square feet) - 285,000 Total (square feet) 1,360,000 1,360,000 Total Project Area 152 acres 152 acres Page 15 of 237 3 Figure 1: AUAR Study Area Page 16 of 237 4 Figure 2: AUAR Study Area – Scenario 1 Page 17 of 237 5 Figure 3: AUAR Study Area – Scenario 2 Page 18 of 237 ATTACHMENT A Page 19 of 237 Olam Lakeville Industrial AUAR – Scoping Document FEBRUARY 2025 Olam Lakeville Industrial AUAR SCOPING DOCUMENT PREPARED FOR: PREPARED BY: Page 20 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 i Table of Contents 1. Project Title ..................................................................................................................................... 1 2. Proposer .......................................................................................................................................... 1 3. RGU ................................................................................................................................................. 1 4. Reason for Preparation .................................................................................................................... 2 5. Project Location ............................................................................................................................... 2 6. Project Description .......................................................................................................................... 4 7. Climate Adaption and Resilience ...................................................................................................... 8 8. Cover Types ................................................................................................................................... 10 9. Permits and Approvals Required .................................................................................................... 12 10. Land Use ........................................................................................................................................ 13 11. Geology, Soils, and Topography/Landforms ................................................................................... 23 12. Water Resources ........................................................................................................................... 27 13. Contamination/Hazardous Materials/Wastes ................................................................................ 36 14. Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) ................... 37 15. Historic Properties ......................................................................................................................... 40 16. Visual ............................................................................................................................................. 41 17. Air ................................................................................................................................................. 41 18. Greenhouse Gas (GHG) Emissions/Carbon Footprint ...................................................................... 42 19. Noise ............................................................................................................................................. 44 20. Transportation ............................................................................................................................... 45 21. Cumulative Potential Effects .......................................................................................................... 48 22. Other Potential Environmental Effects ........................................................................................... 49 List of Tables Table 1: Development Scenarios .............................................................................................................. 5 Table 2: Climate Considerations and Adaptions ....................................................................................... 8 Table 3: Existing Cover Types ................................................................................................................. 10 Table 4: Anticipated Permits and Approvals ........................................................................................... 12 Table 5: Study Area Future Land Use Designations Purpose and Allowed Uses ....................................... 15 Table 6: Soil Types ................................................................................................................................. 24 List of Figures Figure 1: USGS Map ................................................................................................................................. 2 Figure 2: AUAR Study Area ...................................................................................................................... 3 Figure 3: Development Scenario 1 ........................................................................................................... 6 Figure 4: Development Scenario 2 ........................................................................................................... 7 Figure 5: Cover Types ............................................................................................................................ 11 Page 21 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 ii Figure 6: Existing Land Use .................................................................................................................... 20 Figure 7: Existing Zoning ........................................................................................................................ 21 Figure 8: Future Land Use ...................................................................................................................... 22 Figure 9: Soil Types ................................................................................................................................ 26 Figure 10: Delineated Wetlands ............................................................................................................. 28 Figure 11: Surface Water Resources ...................................................................................................... 29 Figure 12: Groundwater Resources ........................................................................................................ 31 Figure 13: Traffic Study Intersections ..................................................................................................... 47 Page 22 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 1 Scoping Document This EAW form is being used to delineate the issues and analyses to be reviewed in an Alternative Urban Areawide Review (AUAR). Where the AUAR guidance provided by the Minnesota Environmental Quality Board (EQB) indicates that an AUAR response should differ notably from what is required for an EAW, the guidance is noted in italics. Note to reviewers: Comments must be submitted to the Responsible Governmental Unit (RGU ) during the 30-day comment period following notice of the Scoping Document in the EQB Monitor. 1. PROJECT TITLE Olam Lakeville Industrial 2. PROPOSER Proposer: OLAM HOLDINGS 1, LLC Contact Person: Tony Fracchia Address: 268 Bush St. #49 City, State, ZIP: San Francisco, CA 94104 Phone: 949-241-5599 Email: tony@terawattinfrastructure.com 3. RGU RGU: City of Lakeville Contact Person: Tina Goodroad Title: Community Development Director Address: 20195 Holyoke Avenue City, State, ZIP: Lakeville, MN 55044 Phone: 952-985-4421 Email: tgoodroad@lakevillemn.gov Page 23 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 2 4. REASON FOR PREPARATION AUAR Guidance: Not applicable to an AUAR. 5. PROJECT LOCATION County: Dakota City/Township: Lakeville PLS Location (¼, ¼, Section, Township, Range): Section 36, Township 114N, Range 21W and Section 31 Township 114N, Range 20 Watershed (81 major watershed scale): Minnesota River – Lake Pepin Tax Parcel: 220360075013, 220360075014, 220310051013, 220310051012 At a minimum, attach each of the following to the AUAR: • US Geological Survey 7.5 minute, 1:24,000 scale map indicating project boundaries (see Figure 1) • Map depicting the boundaries of the AUAR and any subdistricts used in the AUAR analysis (see Figure 2 through Figure 4) • List of data sources, models, and other resources (from the Item-by-Item Guidance: Climate Adaptation and Resilience or other) used for information about current Minnesota climate trends and how climate change is anticipated to affect the general location of the project during the life of the project (as detailed below in Item 7) • Cover type map as required for Item 8 (see Figure 5) • Land use and planning maps as required in conjunction with Item 10 (see Figure 6 and Figure 7) Page 24 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 5 Figure 1: USGS Map Page 25 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 3 Figure 2: AUAR Study Area Page 26 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 4 6. PROJECT DESCRIPTION AUAR Guidance: Instead of the information called for on the EAW form, the description section of an AUAR should include the following elements for each major development scenario included: • Anticipated types and intensity (density) of residential and commercial/warehouse/light industrial development throughout the AUAR area. • Infrastructure planned to serve development (roads, sewers, water, stormwater system, etc.). Roadways intended primarily to serve as adjoining land uses within an AUAR area are normally expected to be reviewed as part of an AUAR. More “arterial” types of roadways that would cross an AUAR area are an optional inclusion in the AUAR analysis; if they are included, a more intensive level of review, generally including an analysis of alternative routes, is necessary. • Information about the anticipated staging of various developments, to the extent known, and of the infrastructure, and how the infrastructure staging will influence the development schedule. The AUAR study area encompasses an area totaling approximately 152 acres on 4 parcels in the City of Lakeville, Dakota County, Minnesota (shown on Figure 2). Olam Holdings is proposing to develop the study area from existing farmland to light industrial or office park uses. The study area can be accessed primarily by 215th W St (CSAH 70) to the north. Secondary access points to the study area also include Jacquard Ave to the east and Kaparia Ave to the west. The AUAR will provide a more detailed description of the potential traffic impacts associated with development. Two scenarios are proposed for evaluation in the AUAR as outlined in Table 1. Scenario 1 includes multiple buildings for a total of 1,360,000 square feet of a proposed light industrial development (see Figure 3). Scenario 2 includes multiple buildings for a total of 1,075,000 square feet of industrial and 285,000 square feet of office space (see Figure 4). Allowable uses given the existing/proposed zoning are included in Section 10. iii. for both light industrial and office park land use districts. The proposed development within the AUAR study area is anticipated to begin construction in 2025. A general development timeline and potential phasing will be discussed in the AUAR. The intent of the AUAR is to recognize the maximum build for the study area and identify impacts and mitigation measures that may be taken to compensate for those impacts. Development of the study area would include new infrastructure, including water service, sewer, stormwater, streets, and utilities. All new services would be extensions to existing infrastructure or upgrades to existing systems to support the new development. A more detailed discussion of infrastructure needs will be included in the AUAR. Page 27 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 5 Table 1: Development Scenarios Component Scenario 1 Scenario 2 Light Industrial (square feet) 1,360,000 1,075,000 Office Park (square feet) - 285,000 Total (square feet) 1,360,000 1,360,000 Total Project Area 152 acres 152 acres Page 28 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 6 Figure 3: Development Scenario 1 Page 29 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 7 Figure 4: Development Scenario 2 Page 30 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 8 7. CLIMATE ADAPTION AND RESILIENCE Describe the climate trends in the general location of the project (see guidance: Climate Adaptation and Resilience) and how climate change is anticipated to affect that location during the life of the project. The AUAR will describe trends in temperature, urban heat island, precipitation, flood risk, and cooling degree days for the general project location. Climate projections will use Representative Concentration Pathways (RCPs), which are greenhouse gas concentration scenarios used by the Intergovernmental Panel on Climate Change. RCP 4.5 is an intermediate scenario in which emissions decline after peaking around 2040, and RCP 8.5 is a worst-case scenario in which emissions continue to rise through the 21st century.1 For each resource category in the table below, describe the project’s proposed activities and how the project’s design will interact with those climate trends. Describe proposed adaptations to address the project effects identified. Table 2: Climate Considerations and Adaptions Resource Category Climate Considerations Project Information Climate Change Risks and Vulnerabilities Adaptions Project Design The AUAR will discuss aspects of building architecture/ materials choices and site design that could impact climate. To be discussed in AUAR, Section 6 and 18 To be discussed in AUAR, Section 6 and 18 Land Use The AUAR will discuss critical facilities and flood risk. To be discussed in AUAR, Section 10 and 12 To be discussed in AUAR Water Resources The AUAR will discuss current Minnesota climate trends and anticipated climate change in the general location of the project and how that may influence water resources. To be discussed in AUAR, Section 12 To be discussed in AUAR 1 Climate Explorer Metadata. Available at https://www.dnr.state.mn.us/climate/climate-explorer-metadata.html. Page 31 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 9 Resource Category Climate Considerations Project Information Climate Change Risks and Vulnerabilities Adaptions Contamination/ Hazardous Materials/ Wastes The AUAR will discuss current Minnesota climate trends and anticipated climate change in the general location of the project and how that may influence the potential environmental effects of generation/use/storage of hazardous waste and materials. To be discussed in AUAR, Section 13 To be discussed in AUAR Fish, Wildlife, Plant Communities, and Sensitive Ecological Resources (Rare Features) The AUAR will discuss current Minnesota climate trends and anticipated climate change in the general location of the project how that may influence the local species and suitable habitat. To be discussed in AUAR Section 14 To be discussed in AUAR Page 32 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 10 8. COVER TYPES AUAR Guidance: The following information should be provided: • A cover type map, at least at the scale of a USGS topographic map, depicting: o Wetlands (identified by Circular 39 type) o Watercourses (rivers, streams, creeks, ditches) o Lakes (identify public waters status and shoreland management classification) o Woodlands (break down by classes where possible) o Grassland (identify native and old field) o Cropland o Current development • An overlay map showing anticipated development in relation to the cover types. This map should also depict any “protection areas,” existing or proposed, that will preserve sensitive cover types. Separate maps for each major development scenario should be generally provided. The AUAR study area is approximately 152 acres of farmland, woodland, wetland, watercourse, manicured lawn, and some impervious surface. See Table 3 for the complete acreage of each cover type within the AUAR study area. There are few existing buildings and structures within the study area that include some single-family homes and some farmstead buildings and structures. The AUAR will include an analysis of existing and proposed cover types within the study area that are shown on Figure 5. These cover types were determined by reviewing recent aerial photography and the Minnesota National Wetland Finder. Table 3: Existing Cover Types Cover Type Approximate Size (ac/ln ft) Farmland 97 ac Woodland 42 ac Wetland 6 ac Watercourse 2016 ln ft Manicured Lawn 4 ac Impervious Surface 1 ac Page 33 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 11 Figure 5: Cover Types Page 34 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 12 9. PERMITS AND APPROVALS REQUIRED AUAR Guidance: A listing of major approvals (including any comprehensive plan amendments and zoning amendments) and public financial assistance and infrastructure likely to be required by the anticipated types of development projects should be given for each major development scenario. This list will help orient reviewers to the framework that will protect environmental resources. The list can also serve as a starting point for the development of the implementation aspects of the mitigation plan to be developed as part of the AUAR. Table 4: Anticipated Permits and Approvals Unit of Government Type of Application Status Federal US Army Corps of Engineers Section 404 Permit To be applied for, if applicable Federal Emergency Management Agency Conditional Letters of Map Revision (CLOMR) and Letters of Map Revision (LOMR) To be applied for, if applicable State Minnesota Pollution Control Agency Section 401 Water Quality Certification To be applied for, if applicable National Pollutant Discharge Elimination System Stormwater Permit for Construction Activities To be applied for, if applicable Sanitary Sewer Extension Permit To be applied for, if applicable Construction Contingency Plan and Response Action Plan approval To be applied for, if applicable Notice of Intent of Demolition To be applied for, if applicable Industrial Wastewater Permit To be applied for, if applicable Significant Industrial User Permit To be applied for, if applicable Construction Stormwater Permit To be applied for, if applicable Fuel Storage Tank To be applied for, if applicable Air Permit To be applied for, if applicable Discharge Permit To be applied for, if applicable Water Treatment Plant To be applied for, if applicable Minnesota Department of Natural Resources Temporary Groundwater Appropriation Permit for Construction Dewatering To be applied for, if applicable Water Appropriation Permit To be applied for, if applicable Minnesota Department of Health Water Main Installation Permit To be applied for, if applicable Notification of Intent to Perform a Demolition To be applied for, if applicable Notification of Asbestos Related Work To be applied for, if applicable Minnesota Department of Labor Industry Plumbing Review To be applied for, if applicable Electrical Permit To be applied for, if applicable Page 35 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 13 Unit of Government Type of Application Status Regional Metropolitan Council Sewer Extension Permit To be applied for, if applicable Sewer Connection Permit to Connect To be applied for, if applicable Direct Connection Permit To be applied for, if applicable Industrial Waste Discharge Permit To be applied for, if applicable Metropolitan Airports Commission Coordination to ensure uses are compatible with Airlake Airport County Dakota County Shoreland/Floodplain Alteration To be applied for, if applicable Public Drainage Permit To be applied for, if applicable Right-of-Way Permit To be applied for, if applicable Dewatering Well Construction and Sealing Permit To be applied for, if applicable City City of Lakeville Preliminary/Final Plat To be applied for, if applicable Building Permit To be applied for, if applicable Site Plan Approval To be applied for, if applicable Conditional Use Permit To be applied for, if applicable General Stormwater Permit To be applied for, if applicable Right-of-Way Permit To be applied for, if applicable WCA Review and Approval To be applied for, if applicable Demolition Permit To be applied for, if applicable Tree Preservation Plan To be applied for, if applicable AUAR Adoption In process 10. LAND USE Describe: i. Existing land use of the site as well as areas adjacent to and near the site, including parks, trails, and prime or unique farmlands. The AUAR study area is located in a semirural area in the southern portion of the City of Lakeville, in Dakota County, Minnesota. The study area consists of 4 existing parcels and is generally bounded by 215th Street W (CSAH 70) to the north, parcel boundaries to the east and west, and the Lakeville City limits to the south. Land uses adjacent to the study area include farmland to the west, industrial uses to the east, Lakeville South High School to the north, and vacant land to the south. The existing land uses of the of the study area are shown in Figure 6. There are no existing parks within the study area. Just north of the study area is the South Creek Greenway, a nature preserve that currently provides bike and pedestrian Page 36 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 14 trail. The South Creek Greenway is a segment of the larger Lake Marion Greenway and provides a scenic trail that connects various parks and natural areas.2 Project There are no state or regional parks within the immediate vicinity of the study area. According to the Web Soil Survey for the study area, 6 5.9 percent of the study area is considered prime farmland, 9.5 percent would be prime farmland if drained, 20.8 percent of the study area is considered farmland of statewide importance, and 3.7 percent is considered farmland if protected from flooding or not frequently flooded during the growing season.3 The Airlake Airport is located approximately two miles to the east of the AUAR study area. To ensure that the proposed uses do not impact existing operations, the Airlake Airport Long Term Comprehensive Plan will be reviewed in the AUAR. ii. Planned land use as identified in comprehensive plans (if available) and any other applicable plan for land use, water, or resource management by a local, regional, state, or federal agency. City of Lakeville 2040 Comprehensive Plan The City of Lakeville updated their Comprehensive Plan in 2019 to encompass growth through the year 2040.4 The plan is comprised of several interrelated chapters and system plans that address the natural environment, land use, transportation, and community facilities and infrastructure. The Thrive MSP 2040, which has been adopted by the Metropolitan Council, has designated the City of Lakeville as a Suburban Edge community. While mainly characterized by residential neighborhoods, commercial and industrial development is included in the development of the Suburban Edge community to serve the community’s population. According to the 2040 Land Use Plan, the study area has land use designations of Office Park and Warehouse/Light Industrial.5 As shown in Figure 8 majority of the north, northwest, and northeast of the study area is designated Office Park while the southern and southwestern area of the study area is designated Warehouse/Light Industrial. Refer to Table 5 for description of each land use designation and allowed uses. 2 Dakota County. 2013. Lake Marion Greenway Master Plan . Available at: https://www.co.dakota.mn.us/parks/About/TrailPlanning/Documents/LakeMarionGreenwayMasterPlan.pdf. 3 USDA. 2024. Web Soil Survey. Available at: https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx 4 City of Lakeville. 2019. 2040 Comprehensive Plan. Available at: https://www.lakevillemn.gov/DocumentCenter/View/5466/Land-Use-Plan-PDF?bidId=. 5 Ibid, page 91. Page 37 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 15 Table 5: Study Area Future Land Use Designations Purpose and Allowed Uses Land Use Designation Purpose Allowed Uses Office Park To establish locations within Lakeville for professional office complexes, corporate office buildings, conference centers, and research and development cities in an environment with high aesthetic qualities and amenities. Offices and conference centers. Retail sales and services, warehousing, and manufacturing may be allowed on a limited scale. Warehouse/Light Industrial To be oriented towards office, warehouse, and assembly of manufactured goods that can compatibly exist adjacent to office park, commercial, and general industrial uses. Professional offices, distribution facilities, warehousing, assembly of manufactured goods. Source: City of Lakeville. 2019. Comprehensive Plan. https://www.lakevillemn.gov/DocumentCenter/View/5466/Land-Use-Plan-PDF?bidId= Vermillion River Watershed Joint Powers Organization The study area is located within the Vermillion River Watershed Joint Powers Organization (VRWJPO) area. VRWJPO seeks to protect surface water, ground water, and natural resources within the Vermillion River watershed. Jurisdiction of the VRWJPO is provided under the Metropolitan Surface Water Management Act6 and the Metropolitan Area Local Water Management Rules 7. The West Branch South Creek is located on the northwest side of the study area and is designated as a water quality corridor and tributary connector by the VRWJPO. Section 6.3 (G) of the VRWJPO Standards requires a 30-foot average, 20-foot minimum setback from water quality corridors. iii. Zoning, including special districts or overlays such as shoreland, floodplain, wild and scenic rivers, critical area, agricultural preserves, etc. AUAR Guidance: Water-related land use management districts should be delineated on appropriate maps, and the land use restrictions applicable in those districts should be described. If any variances or deviations from these restrictions within the AUAR area are envisioned, this should be discussed. Existing Zoning According to the City of Lakeville Zoning Map, the majority of the study area is located within Light Industrial (I-1) zoning district, while the northern portion of the study area is located in Office Park (OP) zoning district (see Figure 7). Additionally, part of the Light Industrial zoning district is also part of a special district, Rural Agricultural Overlay 6 Minn. Stat. Chapter 103B: Water Planning and Project Implementation 7 Minn. Rules Chapter 8410: Metropolitan Water Management Page 38 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 16 district. 8 The Rural Agricultural Overlay district is in place until the Municipal Urban Services Area (MUSA) expansion area has been realized.9 Office Park permitted uses include: • Commercial printing establishments • Conference centers • Governmental and public utility buildings and structures; city of Lakeville only. • Hotels • Laboratories, research and development facilities • Offices, general and medical • Radio and television stations • Trade and postsecondary schools • Wholesale showrooms • Light manufacturing that does not generate exterior smoke, dust, odor, fumes or noise emissions and is less than fifty percent (50%) of the principal building floor area • Data centers • Microdistilleries with or without tasting rooms • Small breweries with or without taprooms Light Industrial permitted uses include: • Automobile repair, minor • Building materials sales • Commercial printing establishments • Compounding, assembly, packaging, treatment, or storage of products and materials except waste • Cross dock distribution facility • Governmental and public utility buildings and structures; city of Lakeville only • Laboratories, research and development facilities • Manufacturing • Office • Outdoor civic events conducted by nonprofit organizations • Radio and television stations • Servicing of motor freight vehicles and heavy construction equipment • Sexually oriented uses • Trade schools • Transportation terminals 8 City of Lakeville. 2023. City of Lakeville Zoning Map. Available at: https://www.lakevillemn.gov/344/Zoning-Subdivision- Ordinances. 9 City of Lakeville. 2019. 2040 Comprehensive Land Use Plan, page 167. Available at: https://www.lakevillemn.gov/DocumentCenter/View/5466/Land-Use-Plan -PDF?bidId=. Page 39 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 17 • Warehousing, including self-storage facilities • Wholesale businesses • Data centers • Breweries and small breweries • Distilleries and microdistilleries Additionally, the study area is not designated as an agricultural preserve and no wild and scenic rivers or critical areas exist within the study area. Shoreland Overlay District Shorelands within the City are designated as shoreland districts and any use, alternation and development must comply with the City’s Municipal Code. Per the City’s Municipal Code, the shoreland overlay district shall be applied to and superimposed upon all zoning districts and the shoreland would be classified. Classification of shoreland include shorelands identified on the City’s zoning map, surface waters that have been given identification numbers by the state, or other surface waters identified as a wetland system.10 As shown in Figure 11, there exists a Minnesota Department of Natural Resources designated public watercourse and Figure 7 shows depicts the stream along with the shoreland boundary. Based on the classification criteria detailed in the City’s Municipal Code, the stream and shoreland around the stream would be classified as a shoreland district. As such, development within the study area would be required to conform with the associated development regulations as outlined in Chapter 102 S, Shoreland Overlay District Section 11-102-17 of the City’s Municipal code. The AUAR will further discuss compliance with associated regulations for development proposed within a shoreland overlay district. FEMA National Flood Hazard According to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps (panel number 27037C0194E, effective 12/02/2011 and panel number 27037C0193E, effective 12/02/2011), the majority of the AUAR study area is located in an area of minimal flooding area, or Zone X, while the part of the northwestern corner of the study area is in a Special Flood Hazard Area subject to inundation by the 1% annual chance flood, Zone AE, where the base flood elevation has been determined. Additionally, a small portion of the flood Zone AE is within a Regulatory Floodway.11 The AUAR will discuss design measures implemented to reduce impacts to the floodplain. 10 City of Lakeville. 2023. Lakeville, MN code 11-102-9 Shoreland Classification. Available at: https://codelibrary.amlegal.com/codes/lakevillemn/latest/lakeville_mn/0-0-0-12346. 11 FEMA. 2024. FEMA Flood Map 27037C0194E. Available at: https://msc.fema.gov/portal/search?AddressQuery=Lakeville%2C%20mn. Page 40 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 18 Lakeville Water Resource Management Plan12 The Water Resources Management Plan (WRMP) serves as a comprehensive planning document to guide the City in protecting, preserving, and managing its surface water resources and stormwater system. The City will use the WRMP as a guide to reach goals related to water quality, flood management, and protection of property and waterbodies. The WRMP also includes specific goals and policies related to wetlands, habitats and floodplains. iv. If any critical facilities (i.e., facilities necessary for public health and safety, those storing hazardous materials, or those housing occupants who may be insufficiently mobile) are proposed in floodplain areas and other areas identified as at risk for localized flooding, describe the risk potential considering changing precipitation and event intensity. No critical facilities are proposed as part of the project. b. Discuss the project’s compatibility with nearby land uses, zoning, and plans listed in Item 9a above, concentrating on implications for environmental effects. AUAR Guidance: The extent of conversion of existing farmlands anticipated in the AUAR should be described. If any farmland will be preserved by special protection programs, this should be discussed. If development of the AUAR will interfere or change the use of any existing designated parks, recreation areas, or trails, this should be described in the AUAR. The RGU may also want to discuss under this item any proposed parks, recreation areas, or trails to be developed in conjunction with development of the AUAR area. The AUAR must include a statement of certification from the RGU that its comprehensive plan complies with the requirements set out at Minnesota Rules, part 4410.3610, subpart 1. The AUAR document should discuss the proposed AUAR area development in the context of the comprehensive plan. If this has not been done as part of the responses to Items 6, 9, 11, 18, and others, it must be addressed here; a brief synopsis should be presented here if the material has been presented in detail under other items. Necessary amendments to comprehensive plan elements to allow for any of the development scenarios should be noted. If there are any management plans of any other local, state, or federal agencies applicable to the AUAR area, the document must discuss the compatibility of the plan with the various development scenarios studied, with emphasis on any incompatible elements. The AUAR will discuss the project’s compatibility with nearby land uses, zoning, parks and trails, and other relevant plans. The AUAR will also include a statement of certification from the RGU that its comprehensive plan complies with the requirements set out at Minnesota Rules, part 4410.3610, subpart 1. 12 City of Lakeville. 2008. Lakeville Water Resource Management Plan. Available at: https://lakevillemn.gov/DocumentCenter/View/408/Water-Resources-Management-Plan-PDF. Page 41 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 19 1 Identify measures incorporated into the proposed project to mitigate any potential incompatibility as discussed in Item 9b above. The proposed development scenarios are anticipated to be compatible with planned land use in the project vicinity. The AUAR will identify measures to mitigate any potential incompatibilities. Page 42 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 20 Figure 6: Existing Land Use Page 43 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 21 Figure 7: Existing Zoning Page 44 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 22 Figure 8: Future Land Use Page 45 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 23 11. GEOLOGY, SOILS, AND TOPOGRAPHY/LANDFORMS Geology – Describe the geology underlying the project area and identify and map any susceptible geologic features such as sinkholes, shallow limestone formations, unconfined/shallow aquifers, or karst conditions. Discuss any limitations of these features for the project and any effects the project could have on these features. Identify any project designs or mitigation measures to address effects to geologic features. AUAR Guidance: A map should be included to show any groundwater hazards identified. According to the Geologic Atlas of Dakota County, the entirety of the AUAR study area is underlain by Paleozoic bedrocks. The Paleozoic rocks are characterized by relatively thin, widespread layers of sandstone, shale, and carbonate deposited in shallow seas during the Cambrian and Ordovician Periods. The entirety of the study area is within the Shakopee Formation, which is a heterolithic unit composed of tan- to orangish-brown dolostone, sandy dolostone, sandstone, and shale.13 There are no known sinkholes or unconfined/shallow aquifers located within the AUAR study area. Additionally, there are no karst conditions located within or near the study area. The AUAR will discuss any limitations of these features for future development and any effects development could have on these features. Soils and Topography – Describe the soils on the site, giving NRCS (SCS) classifications and descriptions, including limitations of soils. Describe topography, any special site conditions relating to erosion potential, soil stability, or other soil limitations, such as steep slopes or highly permeable soils. Provide estimated volume and acreage of soil excavation and/or grading. Discuss impacts from project activities (distinguish between construction and operational activities) related to soils and topography. Identify measures during and after project construction to address soil limitations including stabilization, soil corrections, or other measures. Erosion/sedimentation control related to stormwater runoff should be addressed in response to Item 11.b.ii. AUAR Guidance: The number of acres to be graded and number of cubic yards of soil to be moved need not be given; instead, a general discussion of the likely earthmoving needs for development of the area should be given, with an emphasis on unusual or problem areas. In discussing mitigation measures, both the standard requirements of the local ordinances and any special measures that would be added for AUAR purposes should be included. A standard soils map for the area should be included. 13 University of Minnesota. 2023. Bedrock Geology. Available at: https://conservancy.umn.edu/server/api/core/bitstreams/699a0e2d-0666-491d-89d9-ffda1c6b2ed0/content. Page 46 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 24 According to the Natural Resources Conservation Service (NRCS) Web Soil Survey, the study area is comprised of 12 different soil types. Soils are classified by the NRCS into four hydrologic soil groups, A, B, C, and D, with A having the lowest runoff potential and D having the greatest runoff potential. The erosion hazard indicates the hazard of soil loss from off-road areas after disturbance activities that expose the soil surface. All soil information for the Study Area is described in Table 6 and locations within the study area are shown in Figure 9. Within the project site, 8.2 percent of the soil surface is mapped with a “moderate” rating, indicating that some erosion is likely in these areas and that erosion control measures may be needed. The remaining 91.8 percent of the study area is mapped with a “slight” rating, meaning that erosion is unlikely under ordinary climatic conditions. According to USGS, the approximate maximum elevation within the study area is 1,080 feet above mean sea level and water would generally flow toward the north; however, there is a low point in the southeast corner of the study area.14 The AUAR will include a general discussion of the likely earthmoving needs for the development and identify measures to minimize erosion and identify short-term and long-term establishment and erosion control plans that account for seasonal changes and comply with permit conditions. Any additional information provided by the developer will be utilized to supplement the information provided above. Table 6: Soil Types Map unit symbol Map unit name Acres in AOI Percent of AOI Farmland Rating Hydric Rating Hydrologic Soil Group Erosion Hazard Rating 2B Ostrander loam, 1 to 6 percent slopes 36.1 23.6% All areas are prime farmland 0 B Slight 2C Ostrander loam, 6 to 12 percent 29.2 19.1% Farmland of statewide importance 0 B Slight 39A Wadena loam, 0 to 2 percent slopes 3.9 2.6% All areas are prime farmland 1 B Slight 39B Wadena loam, 2 to 6 percent slopes 2.1 1.4% All areas are prime farmland 0 B Slight 14 USGS. n.d. The National Map Viewer. Available at: https://apps.nationalmap.gov/viewer/. Page 47 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 25 Map unit symbol Map unit name Acres in AOI Percent of AOI Farmland Rating Hydric Rating Hydrologic Soil Group Erosion Hazard Rating 98 Colo slit loam, occasionally flooded 5.7 3.7% Prime farmland if protected from flooding or not frequently flooded during the growing season 95 B/D Slight 113 Webster clay loam, 0 to 2 percent slopes 0.0 0.0% Prime farmland if drained 95 C/D Slight 129 Cylinder loam, 0 to 2 percent slopes 12.5 8.2% All areas are prime farmland 15 B/D Moderate 213B Klinger silt loam, 1 to 5 percent slopes 44.1 28.8% All areas are prime farmland 5 B/D Slight 250 Kennebec silt loam 2.0 1.3% All areas are prime farmland 0 C Slight 252 Marshan silty clay loam 11.3 7.4% Prime farmland if drained 90 B/D Slight 378 Maxfield silty clay loam 3.2 2.1% Prime farmland if drained 95 C Slight 539 Klossner much, 0 to 1 percent slopes 2.6 1.7% Farmland of statewide importance 100 C/D Slight Source: United States Department of Agriculture. 2024. Web Soil Survey. https://websoilsurvey.nrcs.usda.gov/app/WebSoilSurvey.aspx. Page 48 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 26 Figure 9: Soil Types Page 49 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 27 12. WATER RESOURCES AUAR Guidance: The information called for on the EAW form should be supplied for any of the infrastructure associated with the AUAR development scenarios, and for any development expected to physically impact any water resources. Where it is uncertain whether water resources will be impacted depending on the exact design of future development, the AUAR should cover the possible impacts through a “worst case scenario” or else prevent impacts through the provisions of the mitigation plan. Describe surface water and groundwater features on or near the site below. i. Surface Water – lakes, streams, wetlands, intermittent channels, and county/judicial ditches. Include any special designations such as public waters, trout stream/lake, wildlife lakes, migratory waterfowl feeding/resting lake, and outstanding resource value water. Include water quality impairments or special designations listed on the current MPCA 303d Impaired Waters List that are within one mile of the project. Include DNR Public Waters Inventory number(s), if any. The field wetland delineation conducted by Kimley-Horn in 2024 identified five wetlands within the study area as shown in Figure 11. The AUAR will include a summary of the findings from the wetland delineation. As shown in Figure 11, no MPCA 303d Impaired Waters are located within the study area or within one mile of the study area. The closest MPCA 303d Impaired Water is Marion Lake, located approximately 1.2 miles north of the study area.15 The Mississippi River Corridor Critical Area is not within one mile of the AUAR Study Area.16 The West Branch South Creek is a designated trout stream that has special regulations and is located within the northwestern corner of the study area.17 Additional water resources identified during the wetland delineation as well as potential impacts to surface waters and mitigation measures, if applicable, will be discussed in the AUAR. The project site is located within the (Vermillion River Watershed Joint Powers Organization) VRWJPO area. Runoff from the study area generally drains northwest, toward the trout stream. However, a low point does exist in the southeastern corner of the study area. 15 Minnesota Pollution Control Agency. 2024. Impaired Waters: final 2024. Available at: https://mpca.maps.arcgis.com/apps/webappviewer/index.html?id=fcfc5a12d2fd4b16bc95bb535d09ae82. 16 Minnesota Department of Natural Resources. 2024. Background and Purpose MRCCA. Available at: https://www.dnr.state.mn.us/waters/watermgmt_section/critical_area/background-and-purpose.html. 17 Minnesota Department of Natural Resources. 2024. Trout Fishing Streams and Lakes. Available at: https://www.dnr.state.mn.us/fishing/trout/map.html. Page 50 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 28 Figure 10: Delineated Wetlands Page 51 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 29 Figure 11: Surface Water Resources Page 52 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 30 ii. Groundwater – aquifers, springs, and seeps. Include 1) depth to groundwater; 2) if project is within a MDH well protection area; and 3) identification of any onsite and/or nearby wells, including unique numbers and well logs, if available. If there are no wells known on site or nearby, explain the methodology used to determine this. According to the Geologic Atlas of Dakota County, hydrogeology surveys, which include discussion of depth to groundwater, have yet to be completed. However, the majority of the groundwater that supplies Dakota County comes from the Paleozoic bedrock formations. The depth to the bedrock within the study area ranges from 176 feet to 250, and even down to 275 in some areas. 18 According to the Minnesota Department of Health, and as shown in Figure 12, no wells are located within the AUAR study area; however, there are several wells located within one mile of the study area, with the majority located to the southwest. Further, no portion of the study area is within a wellhead protection area.19 18 University of Minnesota. 2023. Bedrock Geology. Available at: https://conservancy.umn.edu/server/api/core/bitstreams/699a0e2d-0666-491d-89d9-ffda1c6b2ed0/content. 19 Minnesota Department of Health. Source Water Protection Web Map Viewer. Available at: https://mdh.maps.arcgis.com/apps/View/index.html?appid=8b0db73d3c95452fb45231900e977be4 Page 53 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 31 Figure 12: Groundwater Resources Page 54 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 32 Describe effects from project activities on water resources and measures to minimize or mitigate the effects below. i. Wastewater – For each of the following, describe the sources, quantities, and composition of all sanitary, municipal/domestic, and industrial wastewaters projected or treated at the site. AUAR Guidance: Observe the following points of guidance in an AUAR: • Only domestic wastewater should be considered in an AUAR—industrial wastewater would be coming from industrial uses that are excluded from review through an AUAR process • Wastewater flows should be estimated by land use subareas of the AUAR area; the basis of flow estimates should be explained • The major sewer system features should be shown on a map and the expected flows should be identified • If not explained under Item 6, the expected staging of the sewer system construction should be described • The relationship of the sewer system extension to the RGU’s comprehensive sewer plan and (for metro area AUARs) to Metropolitan Council regional systems plans, including MUSA expansions, should be discussed. For non-metro area AUARs, the AUAR must discuss the capacity of the RGU’s wastewater treatment system compared to the flows from the AUAR area; any necessary improvements should be described. • If on-site systems will serve part of the AUAR, the guidance in the February 2000 edition of the EAW Guidelines on page 16 regarding item 18b under Residential development should be followed. 1) If the wastewater discharge is to a publicly owned treatment facility, identify any pretreatment measures and the ability of the facility to handle the added water and waste loadings, including any effects on, or required expansion of, municipal wastewater infrastructure. It is assumed that sanitary sewer service for the AUAR study area will be provided by existing City sanitary sewer connections in the area. The AUAR will discuss Minnesota Pollution Control Agency (MPCA) and Metropolitan Council Environmental Services (MCES) requirements and potential pretreatment measures for industrial wastewater. The AUAR will evaluate the estimated wastewater flows for the proposed development scenarios, and the existing City sanitary sewer system will be evaluated to determine if there is adequate capacity to convey wastewater. Appropriate mitigation measures or system improvements will be identified, if needed. Page 55 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 33 2) If the wastewater discharge is to a subsurface sewage treatment system (SSTS), describe the system used, the design flow, and suitability of site conditions for such a system. No subsurface sewage treatment systems (SSTS) are anticipated within the AUAR study area for the proposed development scenario. 3) If the wastewater discharge is to surface water, identify the wastewater treatment methods, discharge points, and proposed effluent limitations to mitigation impacts. Discuss any effects to surface or groundwater from wastewater discharges. No wastewater discharge to surface waters is anticipated for the proposed development scenario. ii. Stormwater – Describe changes in surface hydrology resulting from change of land cover. Describe the routes and receiving water bodies for runoff from the project site (major downstream water bodies as well as the immediate receiving waters). Discuss environmental effects from stormwater discharges on receiving waters post- construction, including how the project will affect runoff volume, discharge rate, and change in pollutants. Consider the effects of current Minnesota climate trends and anticipated changes in rainfall frequency, intensity, and amount with this discussion. For projects requiring NPDES/SDS Construction Stormwater permit coverage, state the total number of acres that will be disturbed by the project and describe the stormwater pollution prevention plan (SWPPP), including specific best management practices to address soil erosion and sedimentation during and after project construction. Discuss permanent stormwater management plans, including methods of achieving volume reduction to restore or maintain the natural hydrology of the site using green infrastructure practices or other stormwater management practices. Identify any receiving waters that have construction-related water impairments or are classified as special as defined in the Construction Stormwater permit. Describe additional requirements for special and/or impaired waters. AUAR Guidance: For an AUAR the following additional guidance should be followed in addition to that in EAW Guidelines: • It is expected that an AUAR will have a detailed analysis of stormwater issues • A map of the proposed stormwater management system and of the water bodies that will receive stormwater should be provided • The description of the stormwater systems would identify on-site and “regional” detention ponding and also indicate whether the various ponds will be new water bodies or converted existing ponds or wetlands. Where on-site ponds will be used but have not yet been designed, the discussion should indicate the design standards that will be followed. Page 56 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 34 • If present in or adjoining the AUAR area, the following types of water bodies must be given special analyses: o Lakes: Within the Twin Cities metro area, a nutrient budget analysis must be prepared for any “priority lake” identified by the Metropolitan Council. Outside of the metro area, lakes needing a nutrient budget analysis must be determined by consultation with the MPCA and DNR staffs. o Trout streams: If stormwater discharges will enter or affect a trout stream, an evaluation of the impacts on the chemical composition and temperature regime of the stream and the consequent impacts on the trout population (and other species of concern) must be included. There is currently minimal impervious surface area within the study area. The total amount of impervious surface under the development scenarios will be described in the AUAR. The AUAR will address stormwater rates, water quality, and volumes for the AUAR study area, and any temporary and permanent stormwater run-off controls will be identified. An existing and proposed conditions analysis will be completed showing the locations of the temporary and permanent stormwater run-off controls. The National Pollution Discharge Elimination System (NPDES) permit requirements will be adhered to. Special or impaired waters on or near the site will be identified. Based on the results of the climate trends analysis and flooding risk assessment, any additional volume and rate control needed for stormwater management will be discussed in the AUAR. Stormwater management strategies including any proposed green infrastructure will be documented in the AUAR. iii. Water Appropriation – Describe if the project proposes to appropriate surface or groundwater (including dewatering). Describe the source, quantity, duration, use, and purpose of the water use and if a DNR water appropriation permit is required. Describe any well abandonment. If connecting to an existing municipal water supply, identify the wells to be used as a water source and any effects on, or required expansion of, municipal water infrastructure. Discuss environmental effects from water appropriation, including an assessment of the water resources available for appropriation. Discuss how the proposed water use is resilient in the event of changes in total precipitation, large precipitation events, drought, increased temperatures, variable surface water flows and elevations, and longer growing seasons. Identify any measures to avoid, minimize, or mitigate environmental effects from the water appropriation. Describe contingency plans should the appropriation volume increase beyond infrastructure capacity or water supply for the project diminish in quantity or quality, such as reuse of water, connections with another water source, or emergency connections. Page 57 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 35 AUAR Guidance: If the area requires new water supply wells, specific information about that appropriation and its potential impacts on groundwater levels should be given; if groundwater levels would be affected, any impacts resulting on other resources should be addressed. The water supply for the study area will be obtained from the City of Lakeville. The City provides water to residents from several groundwater wells and maintains six water towers and one ground storage tank.20 The AUAR will evaluate the existing and proposed infrastructure needs, and will discuss the viability of supplementing City water with alternative water sources. Drilling a private well for industrial purposes would be allowed by the Dakota County Delegated Well Program should the proposed construction of the well meet both MDH rules 4725 and Dakota County Ordinance No. 114. Handling of any required construction dewatering discharge will be addressed in the AUAR. The AUAR will also discuss the water demands for the site and the existing city water system capacity. Mitigation strategies or system improvements, if applicable, will be identified in the AUAR. iv. Surface Waters 1) Wetlands – Describe any anticipated physical effects or alterations to wetland features, such as draining, filling, permanent inundation, dredging, and vegetative removal. Discuss direct and indirect environmental effects from physical modification of wetlands, including the anticipated effects that any proposed wetland alterations may have to the host watershed, taking into consideration how current Minnesota climate trends and anticipated climate change in the general location of the project may influence the effects. Identify measures to avoid (e.g., available alternatives that were considered), minimize, or mitigate environmental effects to wetlands. Discuss whether any required compensatory wetland mitigation for unavoidable wetland impacts will occur in the same minor or major watershed and identify those probable locations. A wetland delineation has been completed for this project. The AUAR will address potential wetland impacts based on the proposed scenarios, and mitigation strategies will be identified, if applicable. If wetland mitigation is required, the AUAR will discuss wetland replacement plan procedures and identify the regulatory agency governing the impacted wetlands. The AUAR will also address climate trends and anticipated climate change in the general location of the study area that may influence impacts. 2) Other surface waters – Describe any anticipated physical effects or alterations to surface water features (lakes, streams, ponds, intermittent channels, county/judicial ditches) such as draining, filling, permanent inundation, dredging, diking, stream diversion, impoundment, aquatic plant removal, and riparian 20 City of Lakeville. n.d. Water. Available at: https://www.lakevillemn.gov/280/Water. Page 58 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 36 alteration. Discuss direct and indirect environmental effects from physical modification of water features, taking into consideration how current Minnesota climate trends and anticipated climate change in the general location of the project may influence the effects. Identify measures to avoid, minimize, or mitigate environmental effects to surface water features, including in-water Best Management Practices that are proposed to avoid or minimize turbidity/sedimentation while physically altering the water features. Discuss how the project will change the number or type of watercraft on any water body, including current and projected watercraft usage. AUAR Guidance: Water surface use need only be addressed if the AUAR area would include or adjoin recreational water bodies. Wetlands are present within the AUAR study area. Surface water alterations will be discussed in the AUAR in addition to any associated direct and indirect impacts. 13. CONTAMINATION/HAZARDOUS MATERIALS/WASTES Pre-project Site Conditions – Describe existing contamination or potential environmental hazards on or in close proximity to the project site, such as soil or groundwater contamination, abandoned dumps, closed landfills, existing or abandoned storage tanks, and hazardous liquid or gas pipelines. Discuss any potential environmental effects from pre- project site conditions that would be caused or exacerbated by project construction and operation. Identify measures to avoid, minimize, or mitigate adverse effects from existing contamination or potential environmental hazards. Include development of a Contingency Plan or Response Action Plan. The AUAR will review the Minnesota Pollution Control Agency’s (MPCA) What’s In My Neighborhood database and Dakota County’s MPCA site inventory to determine if any known contaminated properties or potential environmental hazards are located within and adjacent to the AUAR study area. Project Related Generation/Storage of Solid Wastes – Describe solid wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from solid waste handling, storage, and disposal. Identify measures to avoid, minimize, or mitigate adverse effects from the generation/storage of solid waste including source reduction and recycling. AUAR Guidance: Generally, only the estimated total quantity of municipal solid waste generated and information about any recycling or source separation programs of the RGU need to be included. The AUAR will provide information on the estimated quantity of municipal solid waste to be generated during construction and operational phases of the development scenarios. Project Related Use/Storage of Hazardous Materials – Describe chemicals/hazardous materials used/stored during construction and/or operation of the project including method of storage. Indicate the number, location, and size of any above or below ground tanks to Page 59 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 37 store petroleum or other materials. Discuss potential environmental effects from accidental spills or releases of hazardous materials. Identify measures to avoid, minimize, or mitigate adverse effects from the use/storage of chemicals/hazardous materials including source reduction and recycling. Include development of a spill prevention plan. AUAR Guidance: Not required for an AUAR. Potential locations of storage tanks associated with commercial uses in the AUAR should be identified (e.g., gasoline tanks at service stations). The AUAR will identify any potential future storage tanks anticipated as part of the proposed development and if any existing storage tanks are anticipated to be used under the development scenarios. Project Related Generation/Storage of Hazardous Wastes – Describe hazardous wastes generated/stored during construction and/or operation of the project. Indicate method of disposal. Discuss potential environmental effects from hazardous waste handling, storage, and disposal. Identify measures to avoid, minimize, or mitigate adverse effects from the generation/storage of hazardous wastes including source reduction and recycling. AUAR Guidance: Not required for an AUAR. Not applicable. 14. FISH, WILDLIFE, PLANT COMMUNITIES, AND SENSITIVE ECOLOGICAL RESOURCES (RARE FEATURES) Describe fish and wildlife resources as well as habitats and vegetation on or near the site. AUAR Guidance: The description of fish and wildlife resources should be related to the habitat types depicted on the cover types map. Any differences in impacts between development scenarios should be highlighted in the discussion. No native plant communities or critical habitats under the jurisdiction of the United States Fish and Wildlife Service (USFWS) are located within the study area.21 Habitats that can be found within the study area include grasslands, wetlands, and woodlands. Wildlife that can be found within the study area include birds, small mammals, and insects. There are no areas of biodiversity significance within one mile of the study area. Additionally, there are no areas ecologically significant within one mile of the study area. The AUAR will address the cover types for the existing conditions and the post-construction scenarios. Additionally, the removal of any trees within the study area will be discussed in the AUAR in addition to compliance with the City’s tree preservation ordinance. Describe rare features such as state-listed (endangered, threatened, or special concern) species, native plant communities, Minnesota County Biological Survey Sites of Biodiversity Significance, and other sensitive ecological resources on or within close proximity to the site. 21 USFWS. ND. Critical Habitat for Threatened & Endangered Species. Available at: https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4fe09893cf75b8dbfb77. Page 60 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 38 Provide the license agreement number and/or correspondence number (ERDB) from which the data were obtained and attach the Natural Heritage letter from the DNR. Indicate if any additional habitat or species survey work has been conducted within the site and describe results. AUAR Guidance: For an AUAR, prior consultation with the DNR Division of Ecological Resources for information about reports of rare plant and animal species in the vicinity is required. Include the reference numbers called for on the EAW form in the AUAR and include the DNR’s response letter. If such consultation indicates the need, an on-site habitat survey for rare species in the appropriate portions of the AUAR area is required. Areas of on-site surveys should be depicted on a map, as should any “protection zones” established as a result. As stated above, no areas of biodiversity significance or ecological significance are located within or near the study area. Further, no native plant communities exist within or near the study area. State-Listed Species Kimley-Horn conducted a review of the DNR Natural Heritage Information System (NHIS) in November 2024 per license agreement LA-2024-006 for the study area and area within a one- mile radius for state-listed threatened, endangered, and special concern species (DNR response is pending). The results of the review will be discussed in the AUAR. Any potential impacts to wildlife habitat, federally listed species, and state-listed species will be provided in the AUAR. Federally-Listed Species The U.S. Fish and Wildlife (USFWS) Service Information for Planning and Conservation (IPaC) tool was used to identify federally-listed species within or near the AUAR Study Area. This review identified two federally-listed endangered species, the Northern Long-eared Bat (Myotis septentrionalis) and Rusty patched bumble bee (Bombus affinis). This review also identified one federally-listed candidate species, monarch butterfly (Danaus Plexippus), one experimental population, whooping crane (Grus americana), and one proposed threatened species, western regal fritillary (Argynnis idalia occidentalis). Northern Long-Eared Bat A record for the Northern Long-eared Bat (NLEB) is located within Dakota County. NLEB was previously listed as threatened but was designated a federally endangered species by USFWS in May 2022.22 According to the Minnesota DNR, NLEB have been found in the winter in Minnesota in natural caves, sand mines, and iron mines. In summer, the species is often found within forested habitats, especially around wetlands. Roosting sites include loose bark, broken tree limbs, cavities, and cracks in a tree.23 The study area would include the removal of existing woodland habitat that may be considered suitable for NLEB area and thus, there is the potential 22 USFWS. Northern Long-Eared Bat. Available at: https://ecos.fws.gov/ecp/species/9045 23 Minnesota DNR. Rare Species Guide. Available at: https://www.dnr.state.mn.us/rsg/profile.html?action=elementDetail&selectedElement=AMACC01150 Page 61 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 39 for the NLEB to utilize the site. As such, consultation with USFWS is required. Potential impacts to the NLEB and mitigation measures will be discussed in the AUAR. Monarch Butterfly The Monarch butterfly is designated as a candidate species for official listing by the USFWS. The preferred habitat for this species is prairie where milkweed and flowers are present. According to the USFWS, there are many potential reasons for the butterfly’s decline, including habitat loss at breeding and overwintering sites, disease, pesticides, logging at overwintering sites, and climate change.24 The Monarch butterfly is currently a candidate species and is not yet listed or proposed for listing; consultation with USFWS is not required for candidate species. Whooping Crane The whooping crane is designated as an experimental population, non-essential species by the USFWS. Non-essential experimental populations are treated as threatened species on National Wildlife Refuge and National Park land (require consultation under 7(a)(2) of the ESA) and as a proposed species on private land (no section 7(a)(2) requirements, but Federal agencies must not jeopardize their existence (section 7(a)(4))). The preferred habitat for the species includes shallow mashes and adjacent, open grasslands.25 The project will not occur on federal land; therefore, consultation with USFWS is not required for the species. Rusty Patched Bumble Bee Rusty patched bumble bees live in colonies that include a single queen and female workers. The colony produces males and new queens in late summer. Rusty patched bumble bees mostly occupy grasslands and tall grass prairies.26 The rusty patched bumble bee is federally listed as endangered. The AUAR will discuss potential impacts to rusty patched bumble bees and provide necessary mitigation measures, if applicable. Western Regal Fritillary The western regal fritillary is a butterfly species that is known to occur in Minnesota and was identified as potentially occurring within the study area. The species is not federally listed but is proposed threatened; consultation with USFWS is not required at this time. Migratory Birds – Migratory Bird Treaty Act The Migratory Bird Treaty Act (MBTA) prohibits the taking, killing, possession, transportation, and importation of migratory birds, their eggs, parts, and nests, except when specifically authorized by USFWS. USFWS has the responsibility under the MBTA to prevent the mortality of migratory birds and provide recommendations to mitigate or reduce potential impacts to migratory birds, such as initiating clearing of forested habitats outside of the nesting season (generally March 1 to August 31) or requiring nest surveys to be conducted prior to clearing or other construction related activities to avoid injury to eggs or nestlings. 24 USFWS. Monarch Butterfly. Available at: https://ecos.fws.gov/ecp/species/9743 25 USFWS. Whopping Crane. Available at: https://ecos.fws.gov/ecp/species/758 26 USFWS. Rusty Patched Bumble Bee. Available at: https://ecos.fws.gov/ecp/species/9383. Page 62 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 40 In addition to the species identified above, the IPaC results indicated that several migratory bird species, including the bald eagle (Haliateetus leucocephauls), have the potential to be present in the study area. As such, the AUAR will discuss in further detail the probability of presence for migratory birds and associated mitigation measures to reduce impacts to the bald eagle and other migratory birds protected under the MBTA. Discuss how the identified fish, wildlife, plant communities, rare features, and ecosystems may be affected by the project. Include a discussion on introduction and spread of invasive species from the project construction and operation. Separately discuss effects to known threatened and endangered species. Invasive Species Invasive species are a major cause of biodiversity loss and are considered biological pollutants by the DNR. Invasive species can be moved on construction equipment, landscaping equipment, and other debris. The AUAR will include a discussion on best management practices to prevent the introduction and spread of invasive species during construction and operation. Stormwater Stormwater run-off can cause a number of environmental problems. When stormwater drains off a construction site, it can carry sediment and pollutants that harm lakes, rivers, streams, and wetlands which in turn may harm wildlife. Strategies for stormwater management and treatment of stormwater run-off within the study area will be discussed in Section 12 of the AUAR. Impacts to protected species and habitats The AUAR will further investigate the potential for impacts to any federally listed species, state- listed species, or protected wildlife habitats. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to fish, wildlife, plant communities, and sensitive ecological resources. The AUAR will address any potential mitigation measures identified by the DNR and USFWS to minimize and avoid adverse impacts to any protected species and wildlife habitats. 15. HISTORIC PROPERTIES Describe any historic structures, archeological sites, and/or traditional cultural properties on or in close proximity to the site. Include 1) historic designations; 2) known artifact areas; and 3) architectural features. Attach letter received from the Minnesota State Historic Preservation Office (SHPO). Discuss any anticipated effects to historic properties during project construction and operation. Identify measures that will be taken to avoid, minimize, or mitigate adverse effects to historic properties. AUAR Guidance: For an AUAR, contact with the State Historic Preservation Office and State Archeologist is required to determine whether there are areas of potential impacts to these resources. If any exist, an appropriate site survey of high probability areas is needed to address the issue in more detail. The mitigation plan must include mitigation for any impacts identified. Page 63 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 41 According to the State Historic Preservation Office, no known above-ground historic resources are identified on the available public map.27 Further, no identified archaeological resources are located within the study area, per the Minnesota Office of the State Archaeologist. The closest archaeological sites to the study area are located to the north and the south, approximately 0.6 mile and 0.9 mile, respectively.28 The AUAR will discuss the results of this database review and any potential impacts to archaeological, historical, and/or architectural resources as well as any applicable mitigation strategies. 16. VISUAL Describe any scenic views or vistas on or near the project site. Describe any project related visual effects such as vapor plumes or glare from intense lights. Discuss the potential visual effects from the project. Identify any measures to avoid, minimize, or mitigate visual effects. AUAR Guidance: Any impacts on scenic views and vistas present in the AUAR should be addressed. This would include both direct physical impacts and impacts on visual quality or integrity. EAW Guidelines contains a list of possible scenic resources. If any non-routine visual impacts would occur from the anticipated development, this should be discussed here along with appropriate mitigation. There are no scenic views or vistas on or near the AUAR study area. The AUAR will discuss any potential visual impacts of the proposed development scenarios on the surrounding area and any applicable mitigation strategies. 17. AIR Stationary Source Emissions – Describe the type, sources, quantities, and compositions of any emissions from stationary sources such as boilers or exhaust stacks. Include any hazardous air pollutants, criteria pollutants, and any greenhouse gases. Discuss effects to air quality including any sensitive receptors, human health, or applicable regulatory criteria. Include a discussion of any methods used to assess the project’s effect on air quality and the results of that assessment. Identify pollution control equipment and other measures that will be taken to avoid, minimize, or mitigate adverse effects from stationary source emissions. AUAR Guidance: This item is not applicable to an AUAR. Any stationary air emissions source large enough to merit environmental review requires individual review. Not applicable to an AUAR. Vehicle Emissions – Describe the effect of the project’s traffic generation on air emissions. Discuss the project’s vehicle-related emissions effect on air quality. Identify measures (e.g., traffic operational improvements, diesel idling minimization plan) that will be taken to minimize or mitigate vehicle-related emissions. 27 MnDOA. Minnesota’s Statewide Historic Inventory. Available at: https://mnship.gisdata.mn.gov/ 28 MnOSA. MN OSA Public Viewer. Available at: https://osaportal.gisdata.mn.gov/OSAViewer. Page 64 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 42 AUAR Guidance: Although the MPCA no longer issues Indirect Source Permits, traffic-related air quality may still be an issue if the analysis in Item 18 indicates that development would cause or worsen traffic congestion. The general guidance from the EAW form should still be followed. Questions about the details of air quality analysis should be directed to MPCA staff. The Minnesota Department of Transportation (MnDOT) has developed a screening method designed to identify intersections that will not cause a carbon monoxide (CO) impact above state standards. MnDOT has demonstrated that even the 10 highest traffic volume intersections in the Twin Cities do not experience CO impacts. Therefore, intersections with traffic volumes lower than these 10 highest intersections will not cause a CO impact above state standards. MnDOT’s screening method demonstrates that intersections with total daily approaching traffic volumes below 82,300 vehicles per day will not have the potential for causing CO air pollution problems. None of the intersections in the study area exceed the criteria that would lead to a violation of the air quality standards.29 No further air quality analysis is anticipated for the AUAR. Dust and Odors – Describe sources, characteristics, duration, quantities, and intensity of dust and odors generated during project construction and operation. (Fugitive dust may be discussed under Item 16a). Discuss the effect of dust and odors in the vicinity of the project including nearby sensitive receptors and quality of life. Identify measures that will be taken to minimize or mitigate the effects of dust and odors. AUAR Guidance: Dust and odors need not be addressed in an AUAR, unless there is some unusual reason to do so. The RGU might want to discuss as part of the mitigation plan, however, any dust control ordinances in effect. The AUAR will include discussion of dust control ordinances, including best management practices that would be applicable during demolition and construction within the AUAR study area. Any demolition activities must comply with state and federal regulations that require inspection of the structure for hazardous materials such as asbestos, lead based paint, light ballasts, thermostats, stored chemicals, and ozone depleting chemicals. 18. GREENHOUSE GAS (GHG) EMISSIONS/CARBON FOOTPRINT a. GHG Quantification – For all proposed projects, provide quantification and discussion of project GHG emissions. Include additional rows in the tables as necessary to provide project- specific emission sources. Describe the methods used to quantify emissions. If calculation methods are not readily available to quantify GHG emissions for a source, describe the process used to come to that conclusion and any GHG emission sources not included in the total calculation. About Greenhouse Gases (GHGs) 29 MnDOT. Traffic Mapping Application. Available at: https://mndot.maps.arcgis.com/apps/webappviewer/index.html?id=7b3be07daed84e7fa170a91059ce63bb Page 65 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 43 Certain gases in the earth’s atmosphere, classified as greenhouse gases (GHGs), play a critical role in determining the earth’s surface temperature. Solar radiation enters the earth’s atmosphere from space. A portion of the radiation is absorbed by the earth’s surface and a smaller portion of this radiation is reflected back toward space. This absorbed radiation is then emitted from the earth as low-frequency infrared radiation. The frequencies at which bodies emit radiation are proportional to temperature. Because the earth has a much lower temperature than the sun, it emits lower-frequency radiation. Most solar radiation passes through GHGs; however, infrared radiation is absorbed by these gases. As a result, radiation that otherwise would have escaped back into space is instead “trapped,” resulting in a warming of the atmosphere. This phenomenon, known as the greenhouse effect, is responsible for maintaining a habitable climate on earth. The primary GHGs contributing to the greenhouse effect are carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). Fluorinated gases also make up a small fraction of the GHGs that contribute to climate change. Examples of fluorinated gases include chlorofluorocarbons (CFCs), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs), sulfur hexafluoride (SF6), and nitrogen trifluoride (NF3); however, it is noted that these gases are not associated with typical land use development. Human-caused emissions of GHGs exceeding natural ambient concentrations are believed to be responsible for intensifying the greenhouse effect and leading to a trend of unnatural warming of the earth’s climate, known as global climate change or global warming.30 Project Related GHG Emissions The AUAR will include an estimated quantification of the following GHG emissions associated with the proposed scenarios: • Carbon dioxide (CO2) • Nitrous oxide (N2O) • Methane (CH4) The projected GHG emissions will be provided on an average annual basis using the CO2 equivalent (CO2e) and include the proposer’s best estimate of average annual emissions over the proposed life/design service life of future development. The estimates will also include emissions from the construction and operating phases of the scenario. Emissions will be estimated using the US Environmental Protection Agency’s Simplified GHG Emissions Calculator (SGEC) (Version 7 June 2021)31 and will be summarized by project phase (i.e., construction and operations) and source type (e.g., combustion from mobile equipment, off-site electricity). b. GHG Assessment i. Describe any mitigation considered to reduce the project’s GHG emissions. The AUAR will describe potential design strategies and sustainability measures for the proposed scenarios to reduce emissions. 30 Summarized from U.S. EPA, Overview of Greenhouse Gases: https://www.epa.gov/ghgemissions/overview-greenhouse-gases 31 Source: https://www.epa.gov/climateleadership/simplified-ghg-emissions-calculator Page 66 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 44 ii. Describe and quantify reductions from selected mitigation, if proposed to reduce the project’s GHG emissions. Explain why the selected mitigation was preferred. The AUAR will describe and quantify reductions from selected mitigation options. iii. Quantify the proposed project’s predicted net lifetime GHG emissions (total tons per number of years) and how those predicted emissions may affect achievement of the Minnesota Next Generation Energy Act goals and/or other more stringent state or local GHG reduction goals. The Next Generation Energy Act requires the state to reduce greenhouse gas emissions in the state by 80 percent between 2005 and 2050, while supporting clean energy, energy efficiency, and supplementing other renewable energy standards in Minnesota. The MPCA’s biennial GHG emissions reduction report from 2023 identifies strategies for reducing emissions in the three economic sectors with the highest emissions – transportation, electricity generation, and agriculture, forestry, and land use. The AUAR will discuss the expected lifespan of the project and calculate how many estimated metric tons of CO2 will be emitted over the project’s lifespan. The proposer will evaluate implementing the sustainability measures described in the AUAR. To reduce operational emissions to the extent practicable. The proposed project will be built in compliance with state regulations and city code. 19. NOISE Describe sources, characteristics, duration, quantities, and intensity of noise generated during project construction and operation. Discuss the effect of noise in the vicinity of the project including 1) existing noise levels/sources in the area; 2) nearby sensitive receptors; 3) conformance to state noise standards; and 4) quality of life. Identify measures that will be taken to minimize or mitigate the effects of noise. AUAR Guidance: Construction noise need not be addressed in an AUAR, unless there is some unusual reason to do so. The RGU might want to discuss as part of the mitigation plan, however, any construction noise ordinances in effect. If the area will include or adjoin major noise sources, a noise analysis is needed to determine if any noise levels in excess of standards would occur, and if so, to identify appropriate mitigation measures. With respect to traffic-generated noise, the noise analysis should be based on the traffic analysis of Item 18. Existing Noise The AUAR study area currently consists of primarily agricultural and forested land. The existing noise sources at the site consist mainly of the surrounding roadways. Construction Noise As stated in the AUAR guidelines, construction noise need not be addressed unless there is some unusual reason to do so. No unusual circumstances have been identified that would necessitate a detailed construction noise analysis. The City’s municipal code regulates the hours of operation for Page 67 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 45 construction equipment. Construction activities are prohibited between the hours of 10:00 p.m. and 7:00 a.m.32 Construction of the proposed project would comply with these requirements. Traffic Generated Noise A sound increase of 3 dBA is barely noticeable by the human ear, a 5 dBA increase is clearly noticeable, and a 10 dBA increase is heard as twice as loud. For example, if the sound energy is doubled (i.e., the amount of traffic doubles), there is a 3 dBA increase in noise, which is just barely noticeable to most people. On the other hand, if traffic increases by a factor of 10, the resulting sound level will increase by about 10 dBA and be heard as twice as loud. Traffic volumes in the project area are either on roadways that do not have receivers that are sensitive to noise, or the traffic levels attributable to the project are well below the amount that would generate a sound increase that could be noticeable. The change in traffic noise levels is not anticipated to be readily perceptible. Operational Noise According to the City’s Code of Ordinances, noises emanating from any use shall comply with and be regulated by the State of Minnesota pollution control standards and rules.33 As such, all future development will be required to comply with these requirements. The AUAR will include a discussion of operational noise and identify potential operational noise mitigation measures. 20. TRANSPORTATION Describe traffic-related aspects of project construction and operation. Include 1) existing and proposed additional parking spaces; 2) estimated total average daily traffic generated; 3) estimated maximum peak hour traffic generated and time of occurrence; 4) source of trip generation rates used in the estimates; and 5) availability of transit and/or other alternative transportation modes. The information listed above will be provided in the traffic and transportation analysis that will be included in the AUAR. Coordination will occur with the City of Lakeville to determine analysis scenarios and trip generation for the traffic study. The trip generation will be calculated based on the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation, 11th Edition. Transit Currently, there are no convenient alternative transportation routes serving the study area. It is not anticipated that there will be significant change in transit usage. 32 City of Lakeville. 2024. Lakeville, MN Code of Ordinances Section 4-1-4-2. Available at: https://codelibrary.amlegal.com/codes/lakevillemn/latest/lakeville_mn/0-0-0-2043. 33 City of Lakeville. 2024. Lakeville, MN Code of Ordinances Section 11-16-25. Available at: https://codelibrary.amlegal.com/codes/lakevillemn/latest/lakeville_mn/0-0-0-6498. Page 68 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 46 Bike and Pedestrian Infrastructure South Creek Greenway, a bike and pedestrian trail travels along the north side of 215th St (CSAH 70), just north of the study area. No pedestrian or bike facilities are proposed. Discuss the effect on traffic congestion on affected roads and describe any traffic improvements necessary. The analysis must discuss the project’s impact on the regional transportation system. If the peak hour traffic generated exceeds 250 vehicles or the total daily trips exceeds 2,500, a traffic impact study must be prepared as part of the EAW. Use the format and procedures described in the Minnesota Department of Transportation’s Access Management Manual, Chapter 5 (available at: http://www.dot.state.mn.us/accessmanagement/resources.html) or a similar local guidance. AUAR Guidance: For AUAR reviews, a detailed traffic analysis will be needed, conforming to the MnDOT guidance as listed on the EAW form. The results of the traffic analysis must be used in the response to Items 16 and 17. A traffic impact study will be completed as part of the AUAR because the trip generation is anticipated to exceed the 250-trip peak hour vehicle threshold. The traffic impact study will be summarized in the AUAR, including information on estimated traffic generation, traffic impacts, relevant information from relevant transportation plans and traffic studies, and potential improvements and mitigation measures. The analysis will be completed for existing conditions as well as future no-build and build conditions for the opening year of the development and the 20 year forecasted condition. The AUAR will include intersection capacity analyses for intersections adjacent to the AUAR study area and will include the review of intersection operations at site access points. The following intersections will be included in the analysis and are shown in Figure 13: • Kenrick Avenue & Juniper Way • 215th Street W & Juniper Way • 215th Street W & Jacquard Avenue • 215th Street W & Kenrick Avenue • Jacquard Avenue & 217th Street W • 215th Street W & Dodd Boulevard Identify measures that will be taken to minimize or mitigate project related transportation effects. The AUAR will address any mitigation measures identified through the traffic analysis. Page 69 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 47 Figure 13: Traffic Study Intersections Page 70 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 48 21. CUMULATIVE POTENTIAL EFFECTS AUAR Guidance: Because the AUAR process by its nature is intended to deal with cumulative potential effects from all future developments within the AUAR area, it is presumed that the responses to all items on the EAW form automatically encompass the impacts from all anticipated developments within the AUAR area. However, the total impact on the environment with respect to any of the items on the EAW form may also be influenced by past, present, and reasonably foreseeable future projects outside of the AUAR area. The cumulative potential effect descriptions may be provided as part of the responses to other appropriate EAW items, or in response to this item. Describe the geographic scales and timeframes of the project related environmental effects that could combine with other environmental effects resulting in cumulative potential effects. Cumulative effects are defined as the “effect on the environment that results from the incremental effects of a project in addition to other projects in the environmentally relevant area that might reasonably be expected to affect the same environmental resources, including future projects actually planned or for which a basis of expectation has been laid, regardless of what person undertakes the other projects or what jurisdictions have authority over the projects.”34 The geographic areas considered for cumulative effects are those areas adjacent to the AUAR study area, and the timeframe considered includes projects that would be constructed in the reasonably foreseeable future (by 2030). Describe any reasonably foreseeable future projects (for which a basis of expectation has been laid) that may interact with environmental effects of the proposed project within the geographic scales and timeframes identified above. The AUAR will identify any additional reasonably foreseeable projects that may interact with the environmental effects of either development scenario. Discuss the nature of the cumulative potential effects and summarize any other available information relevant to determining whether there is potential for significant environmental effects due to these cumulative effects. The AUAR will include a discussion of potential cumulative effects associated with nearby ongoing or planned projects. 34 Minnesota Rules, part 4410.0200, subpart 11a Page 71 of 237 Olam Lakeville Industrial AUAR – Scoping Document February 2025 49 22. OTHER POTENTIAL ENVIRONMENTAL EFFECTS AUAR Guidance: If the project may cause any additional environmental effects not addressed by Items 1 to 19, describe the effects here, discuss the how the environment will be affected, and identify measures that will be taken to minimize and mitigate these effects. Additional Environmental Effects Any other potential environmental effects will be addressed in the AUAR. Page 72 of 237 ATTACHMENT B Page 73 of 237             Physical Development Division  P 952‐891‐7000   F 952‐891‐7031   W www.dakotacounty.us  A Dakota County Western Service Center  •  14955 Galaxie Ave.  •  Apple Valley  •  MN 55124  January 6, 2025    Tina Goodroad  City of Lakeville  20195 Holyoke Avenue  Lakeville, MN 55044    Thank you for the opportunity to review the Scoping Alternative Urban Areawide Review (AUAR) for  approximately 152 acres on four parcels in Lakeville. Olam Holdings proposes developing the study area from  existing farmland to light industrial or office park uses. County Physical Development staff reviewed the  document and offer the following comments for consideration.    Transportation    Dakota County Transportation Staff has reviewed the Scoping AUAR and has the following comments  regarding intersections to include in the future AUAR traffic study. Please consider the following intersections  and roadway alignments when conducting the AUAR traffic study.     The County, City and Likewise (developer of the property north of County State Aid Highway (CSAH)  70) are coordinating future full access on CSAH 70 at a location near the existing right‐in/right‐out  access that serves Dunham Brothers Wood Chipping.  Please include this location as a full access  intersection in the future AUAR traffic study.   With this future full access location, the City is considering updating its future roadway network plan  to include a north‐south local roadway extending from the future access on CSAH 70 and aligning on  the Olam Holdings I LLC property’s west boundary, to connect with the future east‐west 217th Street  West extension.   The existing CSAH 70 and 215th Street West full access intersection will become a restricted access  intersection in the future with the full access location moving to the northwest.  The potential for  removal of this intersection is also a possibility.  Please consider these restrictions for this  intersection.   Transportation staff supports a future north‐south roadway connection between 217th Street West  and CSAH 70 on the eastern boundary of the Olam Holdings I LLC property.  This future access  should be considered as a restricted access as an existing full access to CSAH 70 is in place to the  east of the site at Jacquard Avenue.  Please include this location as a partial access intersection in  the future AUAR traffic study            Page 74 of 237       Physical Development Division  P 952‐891‐7000   F 952‐891‐7031   W www.dakotacounty.us  A Dakota County Western Service Center  •  14955 Galaxie Ave.  •  Apple Valley  •  MN 55124      Environmental Resources     Environmental Resources conducted an Environmental Review of the subject area relating to the Scoping  AUAR for Olam Development request from the City of Lakeville.      Numerous structures are or were present on the subject property since at least 1916.  Foundations, buried  debris, septic systems and wells could be present on the property. Two Northern Natural Gas pipelines are  present on the subject property.  The residence at 10430 215th St W has a year‐built date of 1942; asbestos  or other regulated building materials could be present. Dakota County Well Inspectors reviewed previous  audits, historic plat maps, sanborns, historic aerial photography, well construction records, well sealing  records and/or well disclosure statements available for 10430 215TH ST W, Lakeville (taxpins 220310051013,  220310051012, 220360075013, and 220360075014). There is habitation first visible on the 1916 plat map.  There are no well records, but there is a well disclosure from 1994 showing one water supply well as in‐use.  Due to the age of the property (minimum of 108 years), it is unlikely that a single water supply well served  the property. The in‐use well should be sealed if no longer needed and the property must be surveyed to rule  out the presence of any additional older wells.     If redevelopment is planned, crews should be notified of the likely presence of at least one well and any wells  encountered should be protected from damage and contamination. If any wells are discovered during site  visits and/or during redevelopment, they should be examined by a licensed well contractor or a Dakota  County well inspector to determine the status. A magnetometer is the best, sometimes only way to locate  wells that are below grade. Dakota County can help locate and mark wells using a magnetometer by calling  952‐891‐7537. Magnetometers work best on a clear site free from large metal obstructions. A Dakota County  well inspector must be present during any well searches to rule out the presence of a well. Information about  property transfer requirements as they pertain to wells is on our webpage:  https://www.co.dakota.mn.us/HomeProperty/SellingProperty/WellRequirements     If a real estate sale is occurring, it is in the interest of both parties that a well disclosure be filed if appropriate  and any well compliance issues be resolved. State Statute 103I Section 235 Subdivision 2 states, "Unless the  buyer and seller agree to the contrary, in writing, before the closing of the sale, a seller who fails to disclose  the existence or known status of a well at the time of sale and knew or had reason to know of the existence  or known status of the well, is liable to the buyer for costs relating to sealing of the well and reasonable  attorney fees for collection of costs from the seller, if the action is commenced within six years after the date  the buyer closed the purchase of the real property where the well is located."    In addition, the following are comments labeled with the corresponding section in the scoping document.    9. Permits and Approvals Required:  Please add under Dakota County the Well Sealing Permit for the wells located at the farmstead and  dewatering well construction and sealing permits if dewatering is required during construction.    12. Water Resources  b.iii. Water Appropriation:  Drilling a private well for industrial purposes would be allowed by the Dakota County Delegated Well Program  should the proposed construction of the well meet both MDH rules 4725 and Dakota County Ordinance No.  114.           Page 75 of 237       Physical Development Division  P 952‐891‐7000   F 952‐891‐7031   W www.dakotacounty.us  A Dakota County Western Service Center  •  14955 Galaxie Ave.  •  Apple Valley  •  MN 55124  If you have any questions relating to our comments, please contact me at 952‐891‐7007 or  Georg.Fischer@co.dakota.mn.us       Sincerely,        Georg T. Fischer, Director  Physical Development Division      cc:   Commissioner Mary Liz Holberg, District 6           Heidi Welsch, County Manager  Page 76 of 237 Metropolitan Council (Regional Office & Environmental Services) 390 Robert Street North, Saint Paul, MN 55101-1805 P 651.602.1000 | F 651.602.1550 | TTY 651.291.0904 metrocouncil.org An Equal Opportunity Employer December 30, 2024 Tina Goodroad, Community Development Director City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 RE: City of Lakeville – Alternative Urban Areawide Review (AUAR) – Olam Lakeville Industrial Metropolitan Council Review No. 23036-1 Metropolitan Council District No. 16 Dear Tina Goodroad: The AUAR represents the 5-year update required under environmental rules for a study area of approximately 152 acres located south of 215th W Street (CSAH 70), west of Jacquard Avenue, and east of Kaparia Avenue. Council staff has conducted a review of this AUAR to determine its accuracy and completeness in addressing regional concerns. The staff review has concluded that the AUAR is complete and accurate with respect to regional concerns and raises no major issues of consistency with Council policies. However, staff offers the following comments for your consideration: Item 7 – Climate (MacKenzie Young-Walters 651-602-1373) The proposed scope of discussion for the climate item identifies appropriate resources for projecting climate trends and the proposed discussion of mitigation strategies is appropriate. Given the large portion of the site covered by woodland, the project design section should give special attention to ways that site design can preserve mature trees and existing canopy cover to minimize the development’s climate impacts. Item 10 – Land Use, Comprehensive Plan (Patrick Boylan 651-602-1438) The adopted 2040 Plan shows “Warehouse/Light Industrial” and “Office Park” as the future land uses. Depending on the scenario and final site plan pursued, the City will need to amend its adopted 2040 Plan to be consistent with proposed land uses. Before approval of a sanitary sewer extension, the City will need amend its Plan to change the staging from outside the MUSA. Item 10 – Land Use, Transportation Analysis Zones (Todd Graham 651-602-1322) The Council has already adjusted the Lakeville employment forecast at the Council’s March 1, 2023, meeting. That adjustment accounts for the subject development and other adjacent sites in Transportation Analysis Zone #676. Further adjustment is not necessary. Please contact Council Research staff if there are any further questions. Page 77 of 237 Page - 2 | December 30, 2024 | METROPOLITAN COUNCIL Item 12 – Water Resources, Surface Water (Maureen Hoffman 651-602-8026) There is a trout stream in the northwestern portion of the site, which is the direction the AUAR states stormwater drains. The developer needs to work closely with the watershed and City to ensure the trout stream is protected from adverse impacts from stormwater runoff. Trout streams are sensitive to pollutants and temperature changes caused by stormwater runoff. The stormwater BMPs installed do consider both of these factors. Item 12 – Water Resources, Water Supply (John Clark 651-602-1452) The Draft AUAR states “The water supply for the study area will be obtained from the City of Lakeville. The City provides water to residents from several groundwater wells and maintains six water towers and one ground storage tank. The AUAR will evaluate the existing and proposed infrastructure needs and will discuss the viability of supplementing City water with alternative water sources.” The City’s evaluation of needed infrastructure and increases in water demands should be developed to evaluate potential impacts on their public water supply system and water supply sources. Additional water demands beyond those expressed in the City’s current Local Water Supply Plan, as well as any additional well infrastructure needed to supply development of these parcels, will need to be evaluated by the MN DNR as the permitting authority. Alternatively, companies that reside within the development could seek their own water appropriation permits for water service. Updates to Local Water Supply Plans need to align with Water Policy Plan policies regarding sustainable water supplies and will need to be evaluated by the Council. The City will be required to submit a comprehensive plan amendment. Conversion of this site to an industrial development could have significant impacts on the land cover, significantly increasing the amount of impervious surface. Evaluation of the impacts of this conversion on groundwater and surface water should inform development approaches and post- development strategies to mitigate water quality and quantity concerns. Some examples may include limiting chloride use, drought tolerant landscaping, and limiting the loss of trees during the development phase. The AUAR should describe potential future water demands and associated impacts on source waters and surrounding natural systems, as well as the City’s municipal infrastructure, if connected. The AUAR should describe any wells within the study area, as well as any wells that will be abandoned and sealed as a part of the development. Item 18 – Greenhouse Gas Emissions (MacKenzie Young-Walters 651-602-1373) The proposed scope of discussion for the Green House Gas Emissions/Carbon Footprint item is adequate. No unique features are present that would require any extra-ordinary climate/mitigation considerations. Item 20 – Aviation (Joe Widing, 651-602-1822) While there is no airport zoning ordinance in place for Airlake Airport at this time, the AUAR should consider the airport in the AUAR, which is located around 2 miles to the east, to ensure that the proposed uses do not impact existing operations. The most recent Airlake Airport Long Term Comprehensive Plan can be reviewed here (https://metroairports.org/sites/default/files/2021- 10/Airlake_Airport_2035_LTCP_FINAL_Narrative_Report_MAC_ADOPTED_reduced_size.pdf). Page 78 of 237 Page - 3 | December 30, 2024 | METROPOLITAN COUNCIL This will conclude the Council’s review of the AUAR. The Council will take no formal action on the AUAR. If you have any questions or need further information, please contact please contact Patrick Boylan, Principal Reviewer, at 651-602-1438 or via email at patrick.boylan@metc.state.mn.us. Sincerely, Angela R. Torres, AICP, Senior Manager Local Planning Assistance CC: Tod Sherman, Development Reviews Coordinator, MnDOT - Metro Division Wendy Wulff, Metropolitan Council District No. 16 Patrick Boylan, Sector Representative/Principal Reviewer Reviews Coordinator N:\CommDev\LPA\Communities\Lakeville\Letters\Lakeville 2024 Olam Lakeville Industrial AUAR- Ok 23036-1.docx Page 79 of 237 1 Division of Ecological and Water Resources Transmitted by Email Region 3 Headquarters 1200 Warner Road Saint Paul, MN 55106 January 9, 2025 Tina Goodroad Community Development Director City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Dear Tina Goodroad, Thank you for the opportunity to review the Olam Lakeville Industrial Scoping Document in preparation for an Alternative Urban Areawide Review (AUAR) for the project area located in Dakota County. The DNR respectfully submits the following comments for your consideration: 1. Page 4, Project Description. It would be helpful to further describe the types of industrial uses proposed for the development. For example, data centers have different environmental considerations than manufacturing or warehouse uses. 2. Page 8, Table 2. Climate Considerations and Adaptations. As energy needs and renewable energy goals put further pressure on agricultural lands, some communities have started to tap into industrial facilities to combine development with energy production through the use of rooftop solar. Installing solar panels on industrial facilities has the added benefit of producing energy right where it is needed without any additional facility footprint. We encourage the City as well as local energy providers to explore the feasibility of combining these land uses to help meet state climate goals as the City plans for the future. We also encourage the developer to consider utilizing water reuse systems as much as possible. 3. Page 10, Table 3, Cover Types. The AUAR should show the amount of cover type both before and after project development for each scenario. 4. Page 17, Zoning. Development within the floodplain and shoreland should be consistent with local floodplain and shoreland ordinances. 5. Page 23, Soils and Topography. This section should discuss the suitability of soils for the infiltration of stormwater. 6. Page 34, Stormwater. The significant increase in impervious surfaces will presumably increase the amount of road salt used in the project area. Chloride released into the environment does not break down, but instead accumulates to levels that are toxic to plants and wildlife. We Page 80 of 237 2 recommend that the project proposer develop a chloride management plan for either development scenario, and that this plan is included with city plans and permits. 7. Page 34, Stormwater. DNR recommends utilizing stormwater for landscape irrigation. The recycling of stormwater for irrigation would reduce the volume of stormwater and conserve valuable groundwater. 8. Page 34, Stormwater. The document should identify the potential to impact South Creek, a designated trout stream, due to drainage and a change in impervious surfaces that will alter stormwater infiltration. The AUAR should also discuss any potential impacts from construction dewatering and stormwater runoff, and identify best management practices to address those potential impacts. 9. Page 35, Water Appropriation. A DNR Water Appropriation Permit is required if the water pumped exceeds 10,000 gallons in a day, or one million gallons in one year. The DNR General Permit for Temporary Appropriation, with its lower permit application fee and reduced time for review, may be used for the dewatering if the dewatering volume is less than 50 million gallons and the time of the appropriation is less than one year. There are designated trout streams and trout stream tributaries within two miles of the proposed project. Additional regulation and review may be required when permitting within five miles of a designated trout stream. 10. Page 35, Water Appropriation. The AUAR should thoroughly discuss the City of Lakeville’s current water demand, and the additional water demand of each scenario. The AUAR Guidance states that, “If the area requires new water supply wells, specific information about that appropriation and its potential impacts on groundwater levels should be given; if groundwater levels would be affected, any impacts resulting on other resources should be addressed.” If additional water volume will be needed beyond what is currently permitted for the City of Lakeville, the AUAR should discuss the need for any additional water supply wells, and at a minimum an increase in total pumping volume compared to what is currently permitted. Please supply specific information on impacts to groundwater levels and resultant impacts on other resources, including designated trout streams. 11. Page 37, Rare Features. Please note that an automated Natural Heritage Review letter was issued on October 31, 2024, and is attached here for your convenience. The removal of 42 acres of trees in an agricultural-dominated landscape is a significant impact to local wildlife and should be discussed in detail. Thank you again for the opportunity to review this document. Please let me know if you have any questions. Sincerely, Page 81 of 237 3 Melissa Collins Regional Environmental Assessment Ecologist | Ecological and Water Resources Minnesota Department of Natural Resources Phone: 651-259-5755 Email: melissa.collins@state.mn.us CC: Tony Fracchia, Terawatt Infrastructure Equal Opportunity Employer Page 82 of 237 TeraWatt_Lakeville - 161182001.1.103 MCE #: 2024-00906 Page 1 of 6 Formal Natural Heritage Review - Cover Page See next page for results of review. A draft watermark means the project details have not been finalized and the results are not official. Project Name: TeraWatt_Lakeville - 161182001.1.103 Project Proposer: TeraWatt Project Type: Development, Commercial/Institutional/Industrial Project Type Activities: Tree Removal;Grading;Structure Removal or Bridge Removal;Waterbody or watercourse impacts (e.g., dewatering, discharge, excavation, fill, runoff, sedimentation, changes in hydrology));Wetland impacts (e.g., dewatering, tiling, drainage, discharge, excavation, fill, runoff, sedimentation, changes in hydrology) TRS: T114 R20 S31, T114 R21 S36 County(s): Dakota DNR Admin Region(s): Central Reason Requested: Other Project Description: The site is proposed to be developed as light industrial or an office park. Existing Land Uses: Agriculture, Farmstead, Forest. Landcover / Habitat Impacted: Waterbodies Affected: Groundwater Resources Affected: Previous Natural Heritage Review: No Previous Habitat Assessments / Surveys: No SUMMARY OF AUTOMATED RESULTS Category Results Response By Category Project Details Comments Tree Removal - Recommendations Ecologically Significant Area No Comments No Further Review Required State-Listed Endangered or Threatened Species No Comments No Further Review Required State-Listed Species of Special Concern No Comments No Further Review Required Federally Listed Species Comments Visit IPaC for Federal Review RPBB High Potential Zone 10/31/2024 06:44 PMPage 83 of 237 TeraWatt_Lakeville - 161182001.1.103 MCE #: 2024-00906 Page 2 of 6 Minnesota Department of Natural Resources Division of Ecological & Water Resources 500 Lafayette Road, Box 25 St. Paul, MN 55155-4025 October 31, 2024 Project ID: MCE #2024-00906 Jake Ackerman Kimley Horn 14800 Galaxie Ave, Suite 200 Apple Valley, MN 55124 RE: Automated Natural Heritage Review of the proposed TeraWatt_Lakeville - 161182001.1.103 See Cover Page for location and project details. Dear Jake Ackerman, As requested, the above project has been reviewed for potential effects to rare features. Based on this review, the following rare features may be adversely affected by the proposed project: Project Type and/or Project Type Activity Comments The Natural Heritage Information System (NHIS) tracks bat roost trees and hibernacula plus some acoustic data, but this information is not exhaustive. Even if there are no bat records listed below, all of Minnesota’s bats, including the federally endangered northern long-eared bat (Myotis septentrionalis), can be found throughout Minnesota. During the active season (approximately April- November) bats roost underneath bark, in cavities, or in crevices of both live and dead trees. Tree removal can negatively impact bats by destroying roosting habitat, especially during the pup rearing season when females are forming maternity roosting colonies and the pups cannot yet fly. To minimize these impacts, the DNR recommends that tree removal be avoided from June 1 through August 15. Ecologically Significant Area No ecologically significant areas have been documented in the vicinity of the project. State-Listed Endangered or Threatened Species No state-listed endangered or threatened species have been documented in the vicinity of the project. State-Listed Species of Special Concern No state-listed species of special concern have been documented in the vicinity of the project. Federally Listed Species One or more federally listed species may be impacted by the proposed project. To ensure compliance with federal law, the DNR recommends that you conduct a federal regulatory review 10/31/2024 06:44 PMPage 84 of 237 TeraWatt_Lakeville - 161182001.1.103 MCE #: 2024-00906 Page 3 of 6 using the U.S. Fish & Wildlife Service online IPaC tool. The area of interest overlaps with a U.S Fish and Wildlife Service (USFWS) Rusty Patched Bumble Bee High Potential Zone. The rusty patched bumble bee (Bombus affinis) is federally listed as endangered and is likely to be present in suitable habitat within High Potential Zones. From April through October this species uses underground nests in upland grasslands, shrublands, and forest edges, and forages where nectar and pollen are available. From October through April the species overwinters under tree litter in upland forests and woodlands. The rusty patched bumble bee may be impacted by a variety of land management activities including, but not limited to, prescribed fire, tree- removal, haying, grazing, herbicide use, pesticide use, land-clearing, soil disturbance or compaction, or use of non-native bees. If applicable, the DNR recommends reseeding disturbed soils with native species of grasses and forbs using BWSR Seed Mixes or MnDOT Seed Mixes. To ensure compliance with federal law, please conduct a federal regulatory review using the U.S. Fish and Wildlife Service's online Information for Planning and Consultation (IPaC) tool. Please note that all projects, regardless of whether there is a federal nexus, are subject to federal take prohibitions. The IPaC review will determine if prohibited take is likely to occur and, if not, will generate an automated letter. The USFWS RPBB guidance provides guidance on avoiding impacts to rusty patched bumble bee and a key for determining if actions are likely to affect the species; the determination key can be found in the appendix. The Natural Heritage Information System (NHIS), a collection of databases that contains information about Minnesota’s rare natural features, is maintained by the Division of Ecological and Water Resources, Department of Natural Resources. The NHIS is continually updated as new information becomes available, and is the most complete source of data on Minnesota's rare or otherwise significant species, native plant communities, and other natural features. However, the NHIS is not an exhaustive inventory and thus does not represent all of the occurrences of rare features within the state. Therefore, ecologically significant features for which we have no records may exist within the project area. If additional information becomes available regarding rare features in the vicinity of the project, further review may be necessary. For environmental review purposes, the results of this Natural Heritage Review are valid for one year; the results are only valid for the project location and the project description provided on the cover page. If project details change or construction has not occurred within one year, please resubmit the project for review before initiating project activities. The Natural Heritage Review does not constitute project approval by the Department of Natural Resources. Instead, it identifies issues regarding known occurrences of rare features and potential impacts to these rare features. For information on the environmental review process or other natural resource concerns, you may contact your DNR Regional Environmental Assessment Ecologist. Thank you for consulting us on this matter, and for your interest in preserving Minnesota's rare natural resources. Sincerely, Jim Drake Jim Drake Natural Heritage Review Specialist James.F.Drake@state.mn.us 10/31/2024 06:44 PMPage 85 of 237 TeraWatt_Lakeville - 161182001.1.103 MCE #: 2024-00906 Page 4 of 6 Links:USFWS Information for Planning and Consultation (IPaC) tool Information for Planning and Consultation (IPaC) tool DNR Regional Environmental Assessment Ecologist Contact Info https://www.dnr.state.mn.us/eco/ereview/erp_regioncontacts.html 10/31/2024 06:44 PMPage 86 of 237 TeraWatt_Lakeville - 161182001.1.103 MCE #: 2024-00906 Page 5 of 6 10/31/2024 06:44 PMPage 87 of 237 TeraWatt_Lakeville - 161182001.1.103 MCE #: 2024-00906 Page 6 of 6 Powered by TCPDF (www.tcpdf.org) 10/31/2024 06:44 PMPage 88 of 237 ATTACHMENT C Page 89 of 237 1 OVERVIEW Pursuant to Minnesota Rules, part 4410.3610, subpart 5a(C), the purpose of the comments on a Scoping Document for an Alternative Urban Areawide Review (AUAR) is to suggest additional development scenarios and relevant issues to be analyzed in the review. Comments may suggest alternatives to the specific large project or projects proposed to be included in the review, including development at sites outside of the proposed geographic boundary. The comments must provide reasons why a suggested development scenario or alternative to a specific project is potentially environmentally superior to those identified in the Responsible Governmental Unit’s (RGU’s) draft order. The 30-day Scoping Environmental Assessment Worksheet (EAW) comment period began December 10, 2024, and comments were accepted through January 9, 2025. During the public comment period, comments were received from three government agencies. Responses to comments on the Scoping Document are included below. Copies of the comment letters are included in Attachment B. AGENCY COMMENTS Comment Response 1. Metropolitan Council The proposed scope of discussion for the climate item identifies appropriate resources for projecting climate trends and the proposed discussion of mitigation strategies is appropriate. Given the large portion of the site covered by woodland, the project design section should give special attention to ways that site design can preserve mature trees and existing canopy cover to minimize the development’s climate impacts. Comment noted. Tree clearing minimization and other restrictions will be described in the Draft AUAR mitigation. The adopted 2040 Plan shows “Warehouse/Light Industrial” and “Office Park” as the future land uses. Depending on the scenario and final site plan pursued, the City will need to amend its adopted 2040 Plan to be consistent with proposed land uses. Before approval of a sanitary sewer extension, the City will need amend its Plan to change the staging from outside the MUSA. The Draft AUAR will describe any land use inconsistencies for the scenarios studied. The Council has already adjusted the Lakeville employment forecast at the Council’s March 1, 2023, meeting. That adjustment accounts for the subject development and other adjacent sites in Transportation Analysis Zone #676. Further adjustment is not necessary. Please contact Council Research staff if there are any further questions. Comment noted. Page 90 of 237 2 Comment Response There is a trout stream in the northwestern portion of the site, which is the direction the AUAR states stormwater drains. The developer needs to work closely with the watershed and City to ensure the trout stream is protected from adverse impacts from stormwater runoff. Trout streams are sensitive to pollutants and temperature changes caused by stormwater runoff. The stormwater BMPs installed do consider both of these factors. Comment noted. Stormwater BMPs and other related mitigation to the trout stream will be included in the Draft AUAR. Page 91 of 237 3 Comment Response The scoping document states “The water supply for the study area will be obtained from the City of Lakeville. The City provides water to residents from several groundwater wells and maintains six water towers and one ground storage tank. The AUAR will evaluate the existing and proposed infrastructure needs and will discuss the viability of supplementing City water with alternative water sources.” • The City’s evaluation of needed infrastructure and increases in water demands should be developed to evaluate potential impacts on their public water supply system and water supply sources. Additional water demands beyond those expressed in the City’s current Local Water Supply Plan, as well as any additional well infrastructure needed to supply development of these parcels, will need to be evaluated by the MN DNR as the permitting authority. Alternatively, companies that reside within the development could seek their own water appropriation permits for water service. • Updates to Local Water Supply Plans need to align with Water Policy Plan policies regarding sustainable water supplies and will need to be evaluated by the Council. The City will be required to submit a comprehensive plan amendment. • Conversion of this site to an industrial development could have significant impacts on the land cover, significantly increasing the amount of impervious surface. Evaluation of the impacts of this conversion on groundwater and surface water should inform development approaches and post-development strategies to mitigate water quality and quantity concerns. Some examples may include limiting chloride use, drought tolerant landscaping, and limiting the loss of trees during the development phase. • The AUAR should describe potential future water demands and associated impacts on source waters and surrounding natural systems, as well as the City’s municipal infrastructure, if connected. The AUAR should describe any wells within the study area, as well as any wells that will be abandoned and sealed as a part of the development. • The City of Lakeville’s Local Water Supply Plan will be reviewed to ensure it can meet the needs of existing uses and that of the proposed scenario. If modifications to the Local Water Supply Plan require additional permitting, these will be documented in the Draft AUAR. • The impact of development on groundwater, surface water, and stormwater runoff will be reviewed in the Draft AUAR. The proposed scope of discussion for the Green House Gas Emissions/Carbon Footprint item is adequate. No unique features are present that would require any extra-ordinary climate/mitigation considerations. Comment noted. Page 92 of 237 4 Comment Response While there is no airport zoning ordinance in place for Airlake Airport at this time, the AUAR should consider the airport in the AUAR, which is located around 2 miles to the east, to ensure that the proposed uses do not impact existing operations. The most recent Airlake Airport Long Term Comprehensive Plan can be reviewed here (https://metroairports.org/sites/default/files/2021- 10/Airlake_Airport_2035_LTCP_FINAL_Narrative_Report_MAC_ADOPTED_reduced_size.pdf). The Airlake Airport Long Term Comprehensive Plan will be reviewed to ensure the proposed scenarios do not impact current operations. 2. Dakota County Dakota County Transportation Staff has reviewed the Scoping AUAR and has the following comments regarding intersections to include in the future AUAR traffic study. Please consider the following intersections and roadway alignments when conducting the AUAR traffic study. • The County, City and Likewise (developer of the property north of County State Aid Highway (CSAH) 70) are coordinating future full access on CSAH 70 at a location near the existing right in/right-out access that serves Dunham Brothers Wood Chipping. Please include this location as a full access intersection in the future AUAR traffic study. • With this future full access location, the City is considering updating its future roadway network plan to include a north-south local roadway extending from the future access on CSAH 70 and aligning on the Olam Holdings I LLC property’s west boundary, to connect with the future east-west 217th Street West extension. • The existing CSAH 70 and 215th Street West full access intersection will become a restricted access intersection in the future with the full access location moving to the northwest. The potential for removal of this intersection is also a possibility. Please consider these restrictions for this intersection. • Transportation staff supports a future north-south roadway connection between 217th Street West and CSAH 70 on the eastern boundary of the Olam Holdings I LLC property. This future access should be considered as a restricted access as an existing full access to CSAH 70 is in place to the east of the site at Jacquard Avenue. Please include this location as a partial access intersection in the future AUAR traffic study The roadway and intersection modifications discussed will be considered in the AUAR traffic study. Page 93 of 237 5 Environmental Resources conducted an Environmental Review of the subject area relating to the Scoping AUAR for Olam Development request from the City of Lakeville. • Numerous structures are or were present on the subject property since at least 1916. Foundations, buried debris, septic systems and wells could be present on the property. Two Northern Natural Gas pipelines are present on the subject property. The residence at 10430 215th St W has a year-built date of 1942; asbestos or other regulated building materials could be present. Dakota County Well Inspectors reviewed previous audits, historic plat maps, sanborns, historic aerial photography, well construction records, well sealing records and/or well disclosure statements available for 10430 215TH ST W, Lakeville (taxpins 220310051013, 220310051012, 220360075013, and 220360075014). There is habitation first visible on the 1916 plat map. There are no well records, but there is a well disclosure from 1994 showing one water supply well as in-use. Due to the age of the property (minimum of 108 years), it is unlikely that a single water supply well served the property. The in-use well should be sealed if no longer needed and the property must be surveyed to rule out the presence of any additional older wells. • If redevelopment is planned, crews should be notified of the likely presence of at least one well and any wells encountered should be protected from damage and contamination. If any wells are discovered during site visits and/or during redevelopment, they should be examined by a licensed well contractor or a Dakota County well inspector to determine the status. A magnetometer is the best, sometimes only way to locate wells that are below grade. Dakota County can help locate and mark wells using a magnetometer by calling 952-891-7537. Magnetometers work best on a clear site free from large metal obstructions. A Dakota County well inspector must be present during any well searches to rule out the presence of a well. Information about property transfer requirements as they pertain to wells is on our webpage: https://www.co.dakota.mn.us/HomeProperty/SellingProperty/WellRequirements • If a real estate sale is occurring, it is in the interest of both parties that a well disclosure be filed if appropriate and any well compliance issues be resolved. State Statute 103I Section 235 Subdivision 2 states, "Unless the buyer and seller agree to the contrary, in writing, before the closing of the sale, a seller who fails to disclose the • Comment noted. A discussion on sealing and abandoning wells will be included in the Draft AUAR. • The recommended narrative for Sections 9 and 12 will be added to the Draft AUAR. • Comments related to permits and water resources have been included in the Scoping Document. Page 94 of 237 6 Comment Response existence or known status of a well at the time of sale and knew or had reason to know of the existence or known status of the well, is liable to the buyer for costs relating to sealing of the well and reasonable attorney fees for collection of costs from the seller, if the action is commenced within six years after the date the buyer closed the purchase of the real property where the well is located." • In addition, the following are comments labeled with the corresponding section in the scoping document. • 9. Permits and Approvals Required: Please add under Dakota County the Well Sealing Permit for the wells located at the farmstead and dewatering well construction and sealing permits if dewatering is required during construction. • 12. Water Resources b.iii. Water Appropriation: Drilling a private well for industrial purposes would be allowed by the Dakota County Delegated Well Program should the proposed construction of the well meet both MDH rules 4725 and Dakota County Ordinance No. 114. 3. Minnesota Department of Natural Resources Page 4, Project Description. It would be helpful to further describe the types of industrial uses proposed for the development. For example, data centers have different environmental considerations than manufacturing or warehouse uses. Allowable uses given existing zoning of light industrial are included in Section 10. Iii. Page 8, Table 2. Climate Considerations and Adaptations. As energy needs and renewable energy goals put further pressure on agricultural lands, some communities have started to tap into industrial facilities to combine development with energy production through the use of rooftop solar. Installing solar panels on industrial facilities has the added benefit of producing energy right where it is needed without any additional facility footprint. We encourage the City as well as local energy providers to explore the feasibility of combining these land uses to help meet state climate goals as the City plans for the future. We also encourage the developer to consider utilizing water reuse systems as much as possible. Comment noted. Rooftop solar and water reuse systems will be considered, if feasible. Page 10, Table 3, Cover Types. The AUAR should show the amount of cover type both before and after project development for each scenario. Comment noted. The AUAR will discuss current and proposed cover types. Page 95 of 237 7 Comment Response Page 17, Zoning. Development within the floodplain and shoreland should be consistent with local floodplain and shoreland ordinances. Comment noted. Floodplain and shoreland ordinances will be followed. Page 23, Soils and Topography. This section should discuss the suitability of soils for the infiltration of stormwater. Comment noted. The AUAR will discuss the suitability of soils for the infiltration of stormwater. Page 34, Stormwater. The significant increase in impervious surfaces will presumably increase the amount of road salt used in the project area. Chloride released into the environment does not break down, but instead accumulates to levels that are toxic to plants and wildlife. We recommend that the project proposer develop a chloride management plan for either development scenario, and that this plan is included with city plans and permits. Comment noted. A chloride management plan will be considered to mitigate impacts from increased road salt use. Page 34, Stormwater. DNR recommends utilizing stormwater for landscape irrigation. The recycling of stormwater for irrigation would reduce the volume of stormwater and conserve valuable groundwater. Comment noted. Green infrastructure such as the recycling of stormwater for irrigation will be discussed in the AUAR. Page 34, Stormwater. The document should identify the potential to impact South Creek, a designated trout stream, due to drainage and a change in impervious surfaces that will alter stormwater infiltration. The AUAR should also discuss any potential impacts from construction dewatering and stormwater runoff, and identify best management practices to address those potential impacts. Comment noted. Stormwater BMPs will be used throughout the construction process to mitigate impacts to the trout stream. Page 35, Water Appropriation. A DNR Water Appropriation Permit is required if the water pumped exceeds 10,000 gallons in a day, or one million gallons in one year. The DNR General Permit for Temporary Appropriation, with its lower permit application fee and reduced time for review, may be used for the dewatering if the dewatering volume is less than 50 million gallons and the time of the appropriation is less than one year. There are designated trout streams and trout stream tributaries within two miles of the proposed project. Additional regulation and review may be required when permitting within five miles of a designated trout stream. Comment noted. Water Appropriation Permits will be applied for, if applicable. Page 96 of 237 8 Comment Response Page 35, Water Appropriation. The AUAR should thoroughly discuss the City of Lakeville’s current water demand, and the additional water demand of each scenario. The AUAR Guidance states that, “If the area requires new water supply wells, specific information about that appropriation and its potential impacts on groundwater levels should be given; if groundwater levels would be affected, any impacts resulting on other resources should be addressed.” If additional water volume will be needed beyond what is currently permitted for the City of Lakeville, the AUAR should discuss the need for any additional water supply wells, and at a minimum an increase in total pumping volume compared to what is currently permitted. Please supply specific information on impacts to groundwater levels and resultant impacts on other resources, including designated trout streams. The City of Lakeville’s Local Water Supply Plan will be reviewed to ensure it can meet the needs of existing uses and that of the proposed scenario. Need for additional wells, current and proposed pumping volumes, and impacts to nearby aquatic resources will be discussed in the Draft AUAR. Page 37, Rare Features. Please note that an automated Natural Heritage Review letter was issued on October 31, 2024, and is attached here for your convenience. The removal of 42 acres of trees in an agricultural-dominated landscape is a significant impact to local wildlife and should be discussed in detail. Comment noted. The Natural Heritage Review letter will be reviewed and tree clearing will be further discussed in the Draft AUAR. The Natural Heritage Information System (NHIS) tracks bat roost trees and hibernacula plus some acoustic data, but this information is not exhaustive. Even if there are no bat records listed below, all of Minnesota’s bats, including the federally endangered northern long-eared bat (Myotis septentrionalis), can be found throughout Minnesota. During the active season (approximately April-November) bats roost underneath bark, in cavities, or in crevices of both live and dead trees. Tree removal can negatively impact bats by destroying roosting habitat, especially during the pup rearing season when females are forming maternity roosting colonies and the pups cannot yet fly. To minimize these impacts, the DNR recommends that tree removal be avoided from June 1 through August 15. Comment noted. Tree clearing restrictions will be noted in the Draft AUAR. No ecologically significant areas have been documented in the vicinity of the project. Comment noted. No state-listed endangered or threatened species have been documented in the vicinity of the project. Comment noted. Page 97 of 237 9 Comment Response No state-listed species of special concern have been documented in the vicinity of the project. Comment noted. One or more federally listed species may be impacted by the proposed project. To ensure compliance with federal law, the DNR recommends that you conduct a federal regulatory review using the U.S. Fish & Wildlife Service online IPaC tool. Comment noted. A review will be conducted using the IPaC tool. The area of interest overlaps with a U.S Fish and Wildlife Service (USFWS) Rusty Patched Bumble Bee High Potential Zone. The rusty patched bumble bee (Bombus affinis) is federally listed as endangered and is likely to be present in suitable habitat within High Potential Zones. From April through October this species uses underground nests in upland grasslands, shrublands, and forest edges, and forages where nectar and pollen are available. From October through April the species overwinters under tree litter in upland forests and woodlands. The rusty patched bumble bee may be impacted by a variety of land management activities including, but not limited to, prescribed fire, tree removal, haying, grazing, herbicide use, pesticide use, land-clearing, soil disturbance or compaction, or use of non-native bees. If applicable, the DNR recommends reseeding disturbed soils with native species of grasses and forbs using BWSR Seed Mixes or MnDOT Seed Mixes. To ensure compliance with federal law, please conduct a federal regulatory review using the U.S. Fish and Wildlife Service's online Information for Planning and Consultation (IPaC) tool. Please note that all projects, regardless of whether there is a federal nexus, are subject to federal take prohibitions. The IPaC review will determine if prohibited take is likely to occur and, if not, will generate an automated letter. The USFWS RPBB guidance provides guidance on avoiding impacts to rusty patched bumble bee and a key for determining if actions are likely to affect the species; the determination key can be found in the appendix. Comment noted. Rusty Patched Bumble Bee mitigation will be included in the Draft AUAR. Page 98 of 237 Date: 2/18/2025 Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization and Dakota County, and Supplemental Agreement for Professional Services with Stantec for North Creek Watershed Stormwater Management Improvements Proposed Action Staff recommends adoption of the following motion: Move to approve a) Joint Powers Agreement with the Vermillion River Watershed Joint Powers Organization and Dakota County, and b) Supplemental agreement with Stantec for professional services for North Creek watershed stormwater management improvements, City Project 24-44. Overview The City, Dakota County, and Vermillion River Watershed Joint Powers Organization (VRWJPO) are partnering on a capital improvement project designed to improve water quality in the North Creek watershed. The project includes installation of a hydrodynamic separator at the Firelight Way and Flint Avenue intersection to capture and remove sediment from stormwater. The completed project advances City water and natural resources initiatives and contributes toward reduced pollutant loading to North Creek (tributary to the Vermillion River). The Joint Powers Agreement establishes City, Dakota County, and VRWJPO project responsibilities and cost participation. The City is the lead agency for the project, therefore the total project cost is reflected in this memo. The total estimated project cost is $296,010; the City's estimated cost is $91,710. The balance of the cost will be paid by Dakota County ($10,000), VRWJPO ($10,000), and a Watershed Based Funding grant ($184,300). Stantec’s supplemental agreement includes the scope of services and estimated costs to provide professional services, including design and construction administration, and is subject to the Master Services Agreement dated September 20, 2021. Supporting Information 1. Joint Powers Agreement (Dakota County Contract No. DCA22248) 2. 2025.02.07 Stantec Supplemental Agreement Financial Impact: $296,010 Budgeted: Yes Source: Stormwater Infrastructure Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Maria Friedges, Environmental Resources Specialist Page 99 of 237 Contract #DCA22248 Page | 1 of 8 Joint Powers Agreement JOINT POWERS AGREEMENT FOR THE FIRELIGHT WAY TSS REDUCTION PROJECT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION, THE CITY OF LAKEVILLE, AND DAKOTA COUNTY CITY PROJECT 24-44 WHEREAS, Minn. Stat. § 471.59 authorizes local governmental units to jointly or cooperatively exercise any power common to the contracting parties; and WHEREAS, the Vermillion River Watershed Joint Powers Organization is a watershed management body consisting of Dakota and Scott Counties (VRWJPO) governed by the Vermillion River Watershed Joint Powers Board (VRWJPB) and is charged with carrying out the duties set forth in Minn. Stat. § 103B.211 to 103B.255 and as otherwise provided by law; and WHEREAS, the City of Lakeville (City) is a governmental and political subdivision of the State of Minnesota; and WHEREAS, Dakota County (County) is a governmental and political subdivision of the State of Minnesota, and WHEREAS, Firelight Way in Lakeville is located directly adjacent to North Creek, a tributary to the Vermillion River; and WHEREAS, North Creek and the Vermillion River are identified on the EPA’s 303d Impaired Waters List for total suspended solids (TSS); and WHEREAS, stormwater outfalls contribute sediment loading to downstream reaches of North Creek and the Vermillion River; and WHEREAS, a stormwater outfall near Firelight Way was identified as a high sediment loading source to this section of North Creek; and WHEREAS, restoration strategies were identified in the WRAPS report to identify and implement sediment reduction BMPs on public lands in the North Creek subwatershed; and WHEREAS, reducing the sediment load in North Creek through stormwater treatment before being discharged to North Creek (Project) will address the TSS impairment affecting North Creek and the Vermillion River; and WHEREAS, the estimated Project cost is $296,010(Project Cost); and WHEREAS, the VRWJPO was awarded a $184,300 Watershed Based Implementation Funding Grant (Grant) from the Minnesota Board of Water and Soil Resources (BWSR) in accordance with the BWSR Grant Agreement, attached and incorporated herein as Exhibit A; and WHEREAS, the Grant has a minimum match requirement equal to 10% of the amount of Grant monies awarded, either in the form of cash or in-kind services; and WHEREAS, the VRWJPO, City, and County have included cash matches collectively totaling at least 10% of the Grant Amount(defined in Section 7.2 herein) used for Project costs in their Capital Improvement Plans for the Project to be applied towards the Project Cost after the City’s application of the Grant Amount and will jointly participate in the design, construction, and related activities for the Project to the extent specified herein; and WHEREAS, the VRWJPO, the City, and County will follow all applicable BWSR Grant policies and requirements relevant to each party’s participation in the Project. Page 100 of 237 Contract #DCA22248 Page | 2 of 8 Joint Powers Agreement NOW, THEREFORE, in consideration of the mutual promises and benefits that the City, County, and VRWJPO shall derive from this Agreement, the VRWJPO, City, and County hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE This Agreement defines the Project responsibilities and Project cost-sharing obligations of the VRWJPO, City, and County. ARTICLE 2 PARTIES The parties to this Agreement are the VRWJPO, City, and County. ARTICLE 3 TERM This Agreement is effective upon the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2027, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The VRWJPO, City, and County agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 TECHNICAL AND QUALITY ASSURANCE The VRWJPO, City, and County will provide technical and quality assurance for the Project. Any engineer providing technical or quality assurance for the Project must be a licensed Professional Engineer in the State of Minnesota. The Project will be designed using appropriate practice standards for design, construction, operation, and maintenance. Appropriate practice standards from the United States Department of Agriculture’s Natural Resources Conservation Service Field Office Technical Guide, Minnesota Stormwater Manual, or other scientifically appropriate and applicable standards can be used. Vegetative practices must follow the BWSR Board adopted Native Vegetation Establishment and Enhancement Guidelines. The engineer(s) providing technical and quality assurance will certify that the Project was installed or constructed consistent with the applicable plans and specifications, including approved modifications, prior to authorization for payment by the VRWJPO or County. An as-built plan set will be provided to the VRWJPO by the engineer(s) immediately following Project completion as part of the required Project certification. ARTICLE 6 PROJECT PLANS AND SPECIFICATIONS The City is the lead agency for design and construction administration of the Project, effective upon execution of this Agreement by all parties. The VRWJPO, City, and County shall approve the plans and specifications (Project Plans) prior to the City advertising for bids. Page 101 of 237 Contract #DCA22248 Page | 3 of 8 Joint Powers Agreement ARTICLE 7 PAYMENT 7.1 The City shall administer the contract(s) for the Project and act as the paying agent for all payments to the contractor(s). 7.2 The Grant will reimburse project-related activities up to $184,300 (Grant Amount) related to the engineering, permitting, bidding and construction of the Project. Disbursement of the Grant Funds shall be subject to Section 7.6 and terms of the BWSR Grant Agreement (Exhibit A). 7.3 The parties shall make the following contributions toward the Project Cost in accordance with the following payment schedule and Section 7.9 in consideration of the benefit provided by restoration activities on the Project in accordance with the Project Plans. The City will administer the contract(s) for the Project and act as the paying agent for all payments to the contractor(s). 7.3.1 The County, by and through its Environmental Resources Department, shall contribute $10,000 toward the Project Cost. 7.3.2 The City shall contribute $91,710 toward the Project Cost. 7.3.3 The VRWJPO shall contribute $10,000 toward the Project Cost and will pass through Grant Amount for eligible project-related activity expenses. 7.4 The City’s maximum eligible reimbursement is up to $204,300 when accounting for the Grant Amount, VRWJPO cash contribution, and County cash contribution. 7.5 No payment by the parties shall be made prior to approval of the Project Plans by the VRWJPO, City, and County. 7.6 Under the terms of the Grant, the VRWJPO will receive the Grant Amount in the following disbursements: (a) 50% after execution of the Grant; (b) 40% after the first 50% has been expended and Grant reporting requirements are met; and (c) 10% after final Grant requirements are met. The VRWJPO will make progress payments to the City, if requested, on a reimbursement basis, contingent upon the VRWJPO’s receipt of adequate Grant disbursements to make City requested payments. Ten percent (10%) of the Agreement maximum shall be withheld until the VRWJPO has verified that the Project has been installed according to this Agreement and the Project Plans. All requests for payment shall be supported by itemized Project receipts and invoices determined by the VRWJPO to be practical and reasonable for completion of the Project. 7.7 The VRWJPO and County may refuse to pay claims not specifically authorized by this Agreement. Payment of a claim shall not preclude the VRWJPO and/or County from questioning the propriety of the claim. The VRWJPO and County reserve the right to be repaid for any overpayment or disallowed claim. 7.8 Subject to Sections 7.9, 7.10 and Article 12, the VRWJPO and County shall pay the City their share of the Project Cost upon receipt of the Project certification pursuant to Article 5 up to the maximum amounts identified in Sections 7.3.1 and 7.3.3. The City shall invoice the County and VRWJPO for their share of Project Cost once the Project certification is provided to the parties. The VRWJPO and County shall make payment to the City within thirty-five (35) days of receipt of an invoice from the City provided the invoice shall be supported by itemized Project receipts and invoices from the City’s contractor(s). 7.9 The VRWJPO and County may refuse to pay/reimburse an invoice for services or fees not specifically authorized by this Agreement. Payment of an invoice shall not preclude the VRWJPO and County from questioning the propriety of the claimed services or fees. The VRWJPO and County reserve the right to be repaid for any overpayment or disallowed claimed services or fees. Page 102 of 237 Contract #DCA22248 Page | 4 of 8 Joint Powers Agreement 7.10 All services provided by the VRWJPO under the BWSR Grant Agreement (Exhibit A) or through this Agreement, and services provided by the City and the County to the VRWJPO through this Agreement must be performed to the State’s satisfaction pursuant to Exhibit A and the BWSR approved work plan. ARTICLE 8 CITY OBLIGATIONS 8.1 AUTHORIZED PURPOSE. The funds, including the Grant Amount, provided under the terms of this Agreement may only be used by the City for the payment of costs directly related to the Project. 8.2 CONSTRUCTION REQUIREMENTS. The Project shall be constructed according to the Project Plans. The VRWJPO, City, and County shall approve any modifications to the Project Plans. 8.3 CONSTRUCTION AND DESIGN FAILURES. Any failure related to construction or design of the Project shall be addressed in the City’s contracts with the construction firm or professional services firm. 8.4 RIGHT-OF-ENTRY. The City hereby permits the VRWJPO and County, its employees, duly authorized representatives and agents to enter upon and have rights of ingress and egress over and access at reasonable times to the real property where the Project will be located to inspect the construction of the Project. Notwithstanding the right to inspect, neither the VRWJPO nor County is obligated hereunder to inspect the work performed on the Project. 8.5 OPERATION AND MAINTENANCE. The City shall be responsible for on-going maintenance of the Project or will request shared responsibility with the VRWJPO for on-going maintenance of the Project upon completion for a minimum of 25 years unless a failure occurs from an Act of God or Force Majeure occurs such that it is cost prohibitive to repair or maintain. 8.6 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations in constructing the Project, including obtaining all necessary permits to construct the Project. 8.7 PUBLICITY. The City hereby permits the VRWJPO and County to take and disclose photographs of the Project for use in publications or promotional material or on their websites to highlight the VRWJPO’s programs. The City, County, and VRWJPO shall appropriately acknowledge the funding provided by the VRWJPO, County, City, the State of Minnesota, and the Clean Water, Land, and Legacy Amendment in any promotional materials, signage, reports, publications, notices, and presentations related to the Project. This section shall survive the expiration or termination of this Agreement. ARTICLE 9 INDEMNIFICATION Each party to this Agreement shall be liable for the acts of its officers, employees or agents and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other parties, or officers, employees or agents or the other parties. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the VRWJPO, City, and the County. Each party warrants that it can comply with the aforementioned indemnity requirements through an insurance or self- insurance program and that each has minimum coverage consistent with liability limits contained in Minn. Stat. Ch. 466. In the event of any claims or actions filed against any party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. This section shall survive the expiration or termination of this Agreement. Page 103 of 237 Contract #DCA22248 Page | 5 of 8 Joint Powers Agreement ARTICLE 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the parties for this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized representative shall have only the authority specifically or generally granted by their respective governing boards. Notice required to be provided pursuant to this Agreement shall be made to the following named persons and addresses unless otherwise stated in this Agreement, or an amendment of this Agreement: TO THE VRWJPO: TO THE CITY: TO THE COUNTY: Tom Wolf or successor, Chair Vermillion River Watershed Joint Powers Organization 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7030 twolf@co.scott.mn.us Justin Miller or successor, City Administrator City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Telephone: (952) 985-4400 jmiller@lakevillemn.gov Georg T. Fischer, Director Physical Development Division 14955 Galaxie Avenue Apple Valley, MN 55124 Telephone: (952) 891-7007 georg.fischer@co.dakota.mn.us In addition, regarding termination of this Agreement by the shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, MN 55033. 10.2 LIAISONS. To assist the parties in the day-to-day performance of this Agreement and to ensure compliance and provide ongoing consultation, a liaison shall be designated by the VRWJPO, City, and the County. The VRWJPO, City, and the County shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: VRWJPO Liaison: Jeff Dunn Water Resources Engineer Telephone: (952) 891-7546 Email: jeff.dunn@co.dakota.mn.us City Liaison: McKenzie Cafferty Environmental Resources Manager Telephone: (952) 985-4520 Email: mcafferty@lakevillemn.gov County Liaison Cole Johnson Environmental Resources Manager Telephone: (952) 891-7539 Email: cole.johnson@co.dakota.mn.us Page 104 of 237 Contract #DCA22248 Page | 6 of 8 Joint Powers Agreement ARTICLE 11 MODIFICATIONS Any alterations, variations, modifications, or waivers of the provisions of this Agreement shall only be valid when they have been reduced to writing, approved by the parties’ respective Boards, or as delegated by the parties’ respective Boards, and signed by the Authorized Representatives, or delegated authority, of the VRWJPO, City, and County. ARTICLE 12 TERMINATION 12.1 IN GENERAL. Any party may terminate this Agreement for cause by giving seven days’ written notice of its intent to terminate, to the other parties. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. This Agreement may also be terminated by the City or County in the event of a default by the VRWJPO. Notice of Termination shall be made by certified mail or personal delivery to the authorized representative of the other parties. Termination of this Agreement shall not discharge any liability, responsibility or right of any party, which arises from the performance of or failure to adequately perform the terms of this Agreement prior to the effective date of termination. 12.2 TERMINATION BY VRWJPO OR COUNTY FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, either the VRWJPO or the County may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding sources, or if it’s funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. Neither the VRWJPO nor the County is obligated to pay for any services that are provided after written notice of termination for lack of funding. The party terminating under this provision for lack of funding will pay for expenses incurred by the other parties hereto up to Notice of Termination for work on the Project. 12.3 REPAYMENT OF GRANT AMOUNT. If this Agreement is terminated pursuant to this Article 12, the City shall repay the Grant Amount received as of the date of termination to the VRWJPO, who shall return the Grant Amount to the BWSR, and the County and VRWJPO shall reimburse the City for their pro- rata share (based on the parties contributions set forth in Sections 7.3.1 through 7.3.3) of the Project Cost incurred as of the date of termination. The City shall be responsible for the remaining amount of the Project Cost as of the date of the termination. ARTICLE 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed under the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in the County of Dakota, State of Minnesota. This section shall survive the expiration or termination of this Agreement. ARTICLE 14 MERGER This Agreement is the final expression of the agreement of the parties and the complete and exclusive statement of the terms agreed upon and shall supersede all prior negotiations, understandings, or agreements. ARTICLE 15 Page 105 of 237 Contract #DCA22248 Page | 7 of 8 Joint Powers Agreement SEVERABILITY The provisions of this Agreement shall be deemed severable. If any part of this Agreement is rendered void, invalid, or unenforceable, such rendering shall not affect the validity and enforceability of the remainder of this Agreement unless the part or parts that are void, invalid or otherwise unenforceable shall substantially impair the value of the entire Agreement with respect to any party. ARTICLE 16 GOVERNMENT DATA PRACTICES The City, County, and the VRWJPO must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided, created, collected, received, stored, used, maintained, or disseminated under this Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the City, County, or the VRWJPO. ARTICLE 17 SURVIVABILITY The provisions of articles 8.3 (Construction and Design Failures), 8.5 (Operation and Maintenance), 9 (Indemnification) and 16 (Government Data Practices) survive the expiration or termination of this Agreement. ARTICLE 18 DEFAULT: FORCE MAJEURE No party shall be liable to the other parties for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party’s reasonable control, providing the defaulting party gives notice to the other parties as soon as possible. Acts and events may include acts of God, acts of terrorism, war fire, flood epidemic, pandemic, acts of civil or military authority, and natural disasters. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date(s) indicated below. CITY OF LAKEVILLE By ___________________________________ Luke M. Hellier, Mayor Date of Signature: _____________________ By ___________________________________ Ann Orlofsky, City Clerk Date of Signature: _____________________ Page 106 of 237 Contract #DCA22248 Page | 8 of 8 Joint Powers Agreement VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION By ___________________________________ Tom Wolf or successor, Chair Date of Signature: _____________________ DAKOTA COUNTY By ___________________________________ Georg T. Fischer, Director Physical Development Division Date of Signature: _____________________ Approved as to form:1 /s/ Brian J. Wisdorf 11/26/2024 Assistant Dakota County Attorney/Date KS-24-743 VRW Res. No. 24-50 KS-24-756 Dakota County Board Res. No. 25-062 1 Dakota County Attorney’s Office approved as to form for both Dakota County and the Vermillion River Watershed Joint Powers Organization Page 107 of 237 Stantec Consulting Services Inc. One Carlson Parkway North, Suite 100 Plymouth, MN 55447-4440 February 7, 2025 Project/File: 227707440 Mac Cafferty Environmental Resources Manager 20195 Holyoke Avenue Lakeville, MN 55044 Dear Mr. Cafferty, Reference: Firelight Way Stormwater Improvements Design, Bidding and Construction Oversight Dear Mr. Cafferty, Stantec is pleased to submit this proposal to assist the City of Lakeville with your efforts in implementation of best management practices in the Greenridge Park area. Background Stantec was contracted by the City to assist in investigation, engineering and conceptual design efforts to evaluate potential stormwater treatment at Greenridge Park. Through the feasibility study, a hydrodynamic separator was evaluated downstream of Greenridge Park off Firelight Way. The Firelight Way storm sewer has an approximately 41-acre drainage area routed through a 33-inch RC pipe. Through the feasibility study a Contech CDS HDS was determined to be the recommended option to avoid the need for a diversion structure and to handle the inline flows necessary from the drainage area. The Contech CDS structure is capable of handling flows up to 50 CFS and the pipe capacity was determined to be 51 CFS. Stantec has completed the topographic survey in December 2024 under a separate contract. This scope of work is in addition to the tasks previously proposed on. Scope of Work Task 1 – Project Management Project management responsibilities include coordination and communication with Lakeville through meetings, letters, transmittals, e-mails, memoranda, and other forms of formal and informal communication, as appropriate. This also includes preparation of project correspondence, invoices and internal Stantec coordination. The additional scope in project management includes the time for project management through design, bidding and construction. Task 1 will include working with jurisdictions of the City of Lakeville and the Vermillion River Watershed Joint Powers Organization (VRWJPO). Page 108 of 237 February 7, 2025 Page 2 of 5 Reference: Firelight Way Stormwater Improvements Stantec assumes the following meeting schedule: • Project kick-off meeting • Progress meetings (3 meetings, 1-hour each) o 30% design meeting o 60% design meeting o 90% design meeting • Coordination meetings (bi-weekly and as requested by Lakeville) • Coordination meetings with affected property owners • Private Utility Coordination Meetings Task 2 – Plan Sets and Specifications Stantec will prepare a set of 30%, 60% and 90% draft plans for the project and submit to the City for review and discussion. At each of the design intervals Stantec will have a check-in meeting with the City on the design to collect feedback. The 90% plans will provide a draft set of specifications for City review. At each of the check-in meetings the plans will include project layout, plan and profile, construction details and an engineer’s opinion of probable costs (OPC). At 60% plan phase Stantec will look to participate in a meeting with the City and the VRWJPO. Stantec will prepare graphics to help facilitate the meeting. It is assumed Stantec will lead the meeting to get feedback from the organization on the design. Stantec will incorporate feedback from the City and VRWJPO into the plans to prepare a full set of plans and specifications for bidding. Stantec will coordinate with the City to solicit bids to complete the work. The deliverables for final plans and specifications will include: • Final construction plans • Final specifications • Bid form with itemized construction items and quantities • Engineer’s Opinion of Probable Costs Stantec will complete geotechnical and groundwater investigation by contracting Braun Intertec to complete a soil boring to assist in the design of the hydrodynamic separator and determine ground water conditions. The boring will be taken at the proposed structure location to an anticipated depth of 25 feet. Braun will draft a recommendation report which will assist in designing the structure foundation and the determine the dewatering needs. The geotechnical investigation work will be contracted after award at a do not exceed amount of $5,500. Task 3 – Bidding Assistance Stantec will assist the City through the bidding process after completing construction documents and will prepare the Advertisement for Bid. Stantec will be available to answer calls from bidders to answer questions. Stantec will attend and assist the Project Team at a pre-bid meeting for interested contractors. Stantec will provide addendum(s) to address any identified issues in the contract documents. Stantec will Page 109 of 237 February 7, 2025 Page 3 of 5 Reference: Firelight Way Stormwater Improvements prepare a bid tabulation upon receipt of contractor bids and work with the City and VRWJPO to evaluate the bids and recommend a contractor to perform the work. Assumptions: • Stantec will post the project manual on Quest • Stantec will provide an Advertisement for Bid to the City to submit to the local paper Task 4 – Construction Administration and Observation Stantec will partner with the City in administering the awarded contract. Stantec will complete the review of material submittals for specified project components in preparation for construction. Stantec will track project progress, review change orders, and process pay requests. Stantec will attend a preconstruction meeting attended by the awarded contractor, City, VRWJPO, and other project partners as invited by the City. Stantec will provide field staking to facilitate the construction of the stormwater infrastructure. Field stakes to include locations of specific infrastructure, as well as hub elevations to set key elevations. Curb and gutter stakes will be provided prior to restoration of the site. Stantec will also stake property boundaries and mark “No Access” areas identified by City to the Contractor. Construction observation will be provided throughout the construction of the project. Stantec will work directly with City staff to conduct construction observation site visits. Project is expected to take two to three weeks to complete. Stantec will complete up to 10 site visits in coordination with City staff during construction to observe that key design components are properly installed and connected to existing City infrastructure. During the last week of project construction, Stantec will develop a punch list of final project items that need to be addressed before construction can be certified as complete. The punch list will be reviewed with the City and construction contractor to ensure the project design and specifications have been met. Task 5 – Project Closeout Stantec will review the final contract submittals for the project from the construction contractor and provide a recommendation to the City on the final project status. The final payment application will be reviewed and provided to the City for their records and processing. Additionally, Stantec will collect survey data during and after construction is completed to create final as-built plans. The as-builts will be provided in PDF and CAD format for inclusion within the City’s GIS database. Task 6 – Maintenance Inspections Stantec will provide maintenance inspections during the warranty period after the project has been complete. Stantec will assess the storm sewer improvements and hydrodynamic separator structure for proper functioning. Stantec will also inspect road improvements for rutting, cracking, settlements and other Page 110 of 237 February 7, 2025 Page 4 of 5 Reference: Firelight Way Stormwater Improvements issues. The site will be examined up to 3 times. Initial visit will occur in fall/early winter of 2025, summer 2026 and 2 months prior to warranty expiration. Schedule We assume this project will begin in February upon receipt of authorization from the City, with construction slated for Summer 2025. Fee Estimate Our estimated fee to complete the identified scope of work is $66,418.00. Any anticipated changes to the scope that will affect the project fee will be communicated to the City before additional work is undertaken. We will invoice monthly for actual time and expense incurred. To execute this contract, please sign below. This work will be completed in accordance with the terms and conditions of our current Master Services Agreement between the City of Lakeville and Stantec. We thank you for this opportunity to present this proposal. Should you have any questions or need clarification of anything in the enclosed proposal, please do not hesitate to contact us. Regards, STANTEC CONSULTING SERVICES INC. Nick Wyers Project Manager 952-838-5661 Nick.wyers@stantec.com Josh Accola Water Resources Engineer 715-207-5157 joshua.accola@stantec.com Task Description Labor Subs Task Total 1 Project Management $5,850 - $5,850 2 Plan Sets and Specifications $25,875 $5,500 $31,375 3 Bidding Assistance $8,035 - $8,035 4 Construction Administration and Observation $14,392 - $14,392 5 Project Closeout $4,726 - $4,726 6 Maintenance Inspections $2,040 - $2,040 Total $66,418 Page 111 of 237 February 7, 2025 Page 5 of 5 Reference: Firelight Way Stormwater Improvements By signing this proposal, the City of Lakeville, MN authorizes Stantec to proceed with the services herein described. This proposal is accepted and agreed on (DATE):________________________________ Per: The City of Lakeville, MN Print Name & Title Signature Page 112 of 237 Date: 2/18/2025 Resolution Awarding Construction Contract to Sunram Construction for Stormwater Management Basin Maintenance Proposed Action Staff recommends adoption of the following motion: Move to approve resolution awarding a construction contract to Sunram Construction for Stormwater Management Basin Maintenance. Overview The City owns and maintains an existing stormwater management system in Outlot S, Crossroads 1st Addition (located south of 179th Street and east of Cedar Avenue). Sections of earth berms are experiencing erosion and, if left unaddressed, could potentially lead to structural failure causing subsequent washouts and the mixing of treated and untreated stormwater. City Project 25-42 includes the following repair and maintenance activities: a) minor regrading and stabilizing of the earth berm, b) installing riprap along the earth berm to reinforce banks/reduce scouring, and c) removing accumulated sediment. The maintenance activities are designed to restore the stormwater management system's functionality, mitigate future erosion and preserve the City's stormwater infrastructure investment. The City received two quotes for maintenance activities related to City Project 25-42 on February 7, 2025, ranging from a low quote of $63,560.00 submitted by Sunram Construction to a high quote of $103,231.51. The engineer's estimate of the construction cost was $80,760.00. Supporting Information 1. 2025.02.18 Resolution Awarding Contract 2. 2025.02.18 Construction Agreement 3. 2025.02.07 Stantec Quote Recommendation Memo Financial Impact: $63,560.00 Budgeted: Yes Source: Utility Fund - Environmental Res. Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Maria Friedges, Environmental Resources Specialist Page 113 of 237 CITY OF LAKEVILLE RESOLUTION NO. 25- Resolution Awarding Construction Contract to Sunram Construction, Inc. for Stormwater Management Basin Maintenance WHEREAS, the City of Lakeville received quotes on Friday, February 7, 2025, for Stormwater Management Basin Maintenance related to City Project 25-42; and WHEREAS, the lowest responsible quote was from Sunram Construction, Inc. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lakeville, Minnesota: Hereby awards the contract to the lowest responsible quoter that meets all the quote requirements, Sunram Construction, Inc., with a quote in the amount of $63,560.00. The construction is proposed to be completed as specified in the contract documents. ADOPTED by the Lakeville City Council this 18th day of February 2025. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 114 of 237 Page 115 of 237 Page 116 of 237 Page 117 of 237 Page 118 of 237 Page 119 of 237 Page 120 of 237 Page 121 of 237 Memo To: Zach Johnson, PE, City of Lakeville McKenzie Cafferty, City of Lakeville From: Nick Wyers, PE, Stantec Project/File: 227707608 Date: February 7, 2025 Subject: Quote Results – City of Lakeville Crossroads Basin Maintenance Project – CP 25-42 Council Action Requested Staff is recommending Council authorize a Notice of Award for the construction of the Crossroads Basin Maintenance Project. Quote Results Two quotes were received on Friday, February 7th for the Crossroads Basin Maintenance Project. Quote results are summarized below and details are in the attached table. Contractor Bid Amount • Sunram Construction, Inc. $ 63,560.00 • Minger Construction Co. Inc. $ 103,231.51 The low quote is from Sunram Construction, Inc. with a bid of $63,560. The Engineer’s estimate was approximately $80,760.00. Engineer’s Recommendation The bids were competitive, therefore, Stantec recommends that the project be awarded to Sunram Construction, Inc. for $63,560. Stantec Consulting Services Inc. Nick Wyers Civil Engineer/Project Manager Phone: 952-838-5661 Nick.Wyers@stantec.com Attachments: • Bid Tab Page 122 of 237 Project Name: Bid Opening:Owner:The City of Lakeville Item Num Item Units Qty Unit Price Total Unit Price Total 1 MOBILIZATION AND DEMOBILIZATION LS 1 $8,000.00 $8,000.00 $25,850.00 $25,850.00 2 TEMPORARY CONSTRUCTION ENTRANCE - MAINTAINED LS 1 $3,150.00 $3,150.00 $0.01 $0.01 3 FLOATATION SILT CURTAIN TYPE STILL WATER - MAINTAINED LF 200 $25.00 $5,000.00 $1.00 $200.00 4 SEDIMENT CONTROL LOG TYPE STRAW (OR BIOROLL) - MAINTAINED LF 50 $5.00 $250.00 $4.85 $242.50 5 COMMON TOPSOIL BORROW (LV)CY 90 $48.00 $4,320.00 $82.00 $7,380.00 6 MNDOT CLASS II RIPRAP TON 310 $100.00 $31,000.00 $180.00 $55,800.00 7 CATEGORY 25 EROSION CONTROL BLANKET SY 760 $2.50 $1,900.00 $7.15 $5,434.00 8 CATEGORY 37 COIR EROSION CONTROL BLANKET SY 760 $7.00 $5,320.00 $9.75 $7,410.00 9 GEOTEXTILE FABRIC, TYPE IV, NONWOVEN SY 630 $6.00 $3,780.00 $1.00 $630.00 10 MN STATE SEED MIX 34-261 (RIPARIAN SOUTH AND WEST) LBS 10 $84.00 $840.00 $28.50 $285.00 $63,560.00 $103,231.51 Phone: Email: Signed By: Title: Ryan M. Sunram President President Luke Minger ryan@sunramconstructioninc.com lukem@mingerconst.com TOTAL QUOTE Minger Concstruction Co. Inc. Contractor Name and Address:Sunram Construction, Inc. (952) 368-9200 620 Corporate Drive Jordan, MN 55352 Crossroads Basin Maintenance Project Friday February 7, 2025 Minger Construction Co. Inc. Quoter No. 2Quoter No. 1 Sunram Construction, Inc.BID TABULATION 20010 75th Ave. North Corcoran, MN 55340 (763) 420-2140 BASE BID: Base Quote: 227707608 - Quote Tabs.xlsm BT-1 Page 123 of 237 Date: 2/18/2025 Annual Purchase of Hydrant Parts Proposed Action Staff recommends adoption of the following motion: Move to approve resolution for purchase of hydrant parts from Ferguson Waterworks. Overview The Utilities Division sent out an annual request for quotes for hydrant parts to Ferguson Waterworks and Core and Main. The hydrant parts replenish the inventory based on parts used annually to repair broken or leaking hydrants. Ferguson Waterworks was the low bidder with a total price of $29,906.42. Supporting Information 1. Resolution for Hydrant Parts Purchase 2. Ferguson Hydrant Parts Quote 3. Core and Main Hydrant Parts Quote Financial Impact: $29,906.42 Budgeted: Yes Source: Water Fund Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Shane Quade, Utilities Superintendent Page 124 of 237 CITY OF LAKEVILLE RESOLUTION NO. 23-___ PURCHASE OF HYDRANT PARTS WHEREAS, hydrant parts are needed annually to repair broken or leaking hydrants; and WHEREAS, the Utilities Division sent out request for quotes to Ferguson Waterworks and Core and Main; and WHEREAS, Ferguson Waterworks was the low bidder with a total price of $29,906.42; and WHEREAS, the purchase of hydrant parts was budgeted in the 2025 Utiilty Division budget; and NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council approves the purchase of hydrant parts from Ferguson Water works in the amount of $29,906.42. ADOPTED by the Lakeville City Council this 18th day of February 2025. CITY OF LAKEVILLE ______________________________ Luke M. Hellier, Mayor ATTEST: _________________________________ Ann Orlofsky, City Clerk Page 125 of 237 FERGUSON WATERWORKS #2805 1420 3RD AVE WEST SHAKOPEE, MN 55379-1036 Phone: 651-286-2334 Deliver To: From:Taylor Fedje taylor.fedje@ferguson.com Comments: HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=2518&on=24674 08:47:37 JAN 31 2025 FERGUSON WATERWORKS #2518 Price Quotation Phone: 651-286-2334 Bid No:B171100 Bid Date:01/23/25 Quoted By:TMF Cust Phone:952-985-4400 Terms:NET 10TH PROX Customer:CITY OF LAKEVILLE ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Ship To:CITY OF LAKEVILLE ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Cust PO#:2025 PRICING Job Name:HYDRANT PARTS Page 1 of 2 Item Description Quantity Net Price UM Total AFCPACER4016 16 PACER UPPER S/ PIPE TRFC 4 603.640 EA 2414.56 SP-EZFG21 E-Z GUIDE HYD MRKR FIBERGLASS 130 19.520 EA 2537.60 AFCK56206 PACER 6 K562 TOP EXT KIT 2 743.660 EA 1487.32 AFCK56212 PACER 12 K562 TOP EXT KIT 1 875.510 EA 875.51 AFC51469 PACER #7 DRN PLGR 5 23.810 EA 119.05 AFCPACER125H PACER HOSE NOZ 3 131.290 EA 393.87 AFCPACER125P PACER PUMPER NOZ 3 345.880 EA 1037.64 AFCPACER17A PACER #17A LWR OP NUT 15 54.940 EA 824.10 AFCPACER17B PACER #17B UPPER OP NUT 15 98.300 EA 1474.50 AFCPACER30 PACER #30 CROSSARM BRZ 20 104.620 EA 2092.40 AFCPACER31 PACER #31 VLV SEAT 6 298.040 EA 1788.24 AFCPACER34BRZ PACER #34 UPPER VLV WSHR BRZ 10 104.620 EA 1046.20 AFCPACER35 PACER #35 MAIN VLV URTHN 20 98.300 EA 1966.00 AFCPACER36 PACER #36 LWR VLV WSHR EPOX 10 55.470 EA 554.70 AFCPACER64 PACER #64 FLG LCK RNG 40 12.630 EA 505.20 AFCPACER67 PACER #67 BREAK COUP SLV 20 18.940 EA 378.80 AFCPACER87 PACER #87 COUP NUT BRZ 10 6.300 EA 63.00 AFCPACER89 PACER #89 NOZ SEC BUSH 25 43.490 EA 1087.25 AFCPACER90 PACER #90 THRUST RNG 10 9.930 EA 99.30 AFCPACER92 PACER #92 LIPPED UPPER S/PIPE GSKT 40 14.700 EA 588.00 SP-AFCPACER728 LOWER ROD W/STUD&NUT 1-3/4 8' BURY 6 278.000 EA 1668.00 SP-AFCPACER729 LOWER ROD W/STUD&NUT 1-3/4 9' BURY 8 278.000 EA 2224.00 SP-AFCPACER7296 LOWER ROD W/STUD&NUT 1-3/4 9'6"BURY 6 278.000 EA 1668.00 SP-AFCPACER7210 LOWER ROD W/STUD&NUT 1-3/4 10' BURY 6 278.000 EA 1668.00 AFC113RED PACER #113 BREAK FLG RED.12 80.040 EA 960.48 AFCPACER117 PACER #117 PUMP NOZ RTNR 5 44.470 EA 222.35 AFCPACER1196038 PACER #119 HOSE NOZ RTNR TP6038 5 32.470 EA 162.35 Net Total:$29906.42 Tax:$0.00 Freight:$0.00 Total:$29906.42 Page 126 of 237 Page 2 of 2 08:47:37 JAN 31 2025 FERGUSON WATERWORKS #2518 Price Quotation Reference No:B171100 HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=2518&on=24674 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER. ARE NOT FIRM UNLESS NOTED OTHERWISE. https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at Govt Buyers: All items are open market unless noted otherwise. Page 127 of 237 Seq#Qty Descripon Units Price Ext Price 10 4 #40 16" UPPER STANDPIPE W67 EA 603.99 2,415.96 20 130 5FT HYDRAFINDER FLAG/HYD MARKR EA 19.50 2,535.00 30 2 6" WB67 HYD EXT F/5-1/4VO EA 759.99 1,519.98 40 1 12" WB67 HYD EXT F/5-1/4VO EA 893.99 893.99 50 5 #7 WB-67 5" DRAIN PLUNGER EA 24.79 123.95 60 3 #12A WAT NST HOSE NOZZLE EA 131.99 395.97 70 3 #12A MECH PMP NOZ 40524 W67 EA 346.99 1,040.97 80 15 #17A WAT LOWER OP NUT LH EA 54.49 817.35 90 15 17B WAT UP OP NUT W/#90 WASHER EA 98.99 1,484.85 100 20 #30 HYD BRONZE CROSSARM W67 EA 104.99 2,099.80 110 6 #31 WAT VALVE SEAT W/O-RING EA 299.99 1,799.94 120 10 #34 WAT UPPER VALVE WASHER BRZ EA 104.99 1,049.90 130 20 #35 MAIN VLV RBR URETHANE EA 98.99 1,979.80 140 10 #36 WAT LOWER VALVE WASHER STD EA 55.99 559.90 150 40 #64 WAT SS LOCK RING EA 12.69 507.60 160 20 #67 WAT BREAK CPLG HALF EA 19.15 383.00 170 10 #87 WB-67 5" CPLG NUT EA 6.39 63.90 180 25 AFC #89 OP NUT BUSHING WB-67 52836 EA 43.99 1,099.75 190 10 #90 WAT HYD THRUST RING EA 9.94 99.40 200 40 #92 WAT HYD GASKET LIPPED 7/8"" X 8 1/2"" X 1/16"" TH EA 14.89 595.60 210 6 #72 8'0" LOWER ROD EA 289.99 1,739.94 220 8 #72 9'0" LOWER ROD EA 289.99 2,319.92 230 6 #72 9'6" LOWER ROD EA 289.99 1,739.94 240 6 #72 10'0" LOWER ROD EA 289.99 1,739.94 250 12 #113 WAT HYD BREAKABLE FLG EA 79.99 959.88 260 5 #117 WAT NST PUMPER RETAINER EA 44.50 222.50 270 5 #119 WAT NST HOSE NOZZLE RETAI NER EA 32.50 162.50 Sub Total 30,351.23 Tax 0.00 Total 30,351.23 UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: hps://coreandmain.com/TandC/ 01/20/2025 - 12:44 PM Actual taxes may vary Page 1 of 1 CITY OF LAKEVILLE, MN Job Locaon: Lakeville, MN Bid Date: 01/31/2025 03:30 pm Core & Main Bid #: 3967972 Core & Main 5145 211th Street West Farmington, MN 55024 Phone: 6514636090 Fax: 6514634554 Bid Proposal for City of Lakeville 2025 Hydrant Parts Page 128 of 237 Date: 2/18/2025 Purchase of Pressure Reducing Valves and Meter Couplings Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution for purchase of pressure reducing valves and meter couplings from Ferguson Waterworks. Overview Annually the city purchases pressure reducing valves and meter couplings to replenish inventory needed for new developments and repairs to existing infrastructure. The Utilities Division sent out a request for quotes for pressure reducing valves and meter couplings to Ferguson Waterworks and Core and Main. Ferguson Waterworks was the low bidder with a total of $174,945.61. Supporting Information 1. Resolution 2. Ferguson PRV and Meter Couplings Quote 3. Core and Main PRV and Meter Couplings Quote Financial Impact: $174,945.61 Budgeted: Yes Source: Water Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Shane Quade, Utilities Superintendent Page 129 of 237 CITY OF LAKEVILLE RESOLUTION NO. 23-___ PURCHASE OF HYDRANT PARTS WHEREAS, annually the city purchases pressure reducing valves and meter coupling to replenish inventory needed for new development and repairs to existing infrastructure; and WHEREAS, the Utilities Division sent out request for quotes to Ferguson Waterworks and Core and Main; and WHEREAS, Ferguson Waterworks was the low bidder with a total price of $174,945.61; and WHEREAS, the purchase of hydrant parts was budgeted in the 2025 Utiilty Division budget; and NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council approves the purchase of hydrant parts from Ferguson Water works in the amount of $174,945.61. ADOPTED by the Lakeville City Council this 18th day of February 2025. CITY OF LAKEVILLE ______________________________ Luke M. Hellier, Mayor ATTEST: _________________________________ Ann Orlofsky, City Clerk Page 130 of 237 FERGUSON WATERWORKS #2805 1420 3RD AVE WEST SHAKOPEE, MN 55379-1036 Phone: 651-286-2334 Deliver To: From:Michael P Fries michael.fries@ferguson.com Comments: HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=2518&on=24674 10:53:41 FEB 07 2025 FERGUSON WATERWORKS #2518 Price Quotation Phone: 651-286-2334 Bid No:B171056 Bid Date:01/22/25 Quoted By:TMF Cust Phone:952-985-4400 Terms:NET 10TH PROX Customer:CITY OF LAKEVILLE ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Ship To:CITY OF LAKEVILLE ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Cust PO#:2025 PRICING Job Name:PRV & METER QUOTE Page 1 of 2 Item Description Quantity Net Price UM Total WLF25AUBZ3F LF 3/4 WTR PRV 72 122.364 EA 8810.21 WLF25AUBZ3G LF 1 WTR PRV 432 173.470 EA 74939.04 WLF25AUBZ3J LF 1-1/2 WTR PRV 25 469.200 EA 11730.00 WLF25AUBZ3K LF 2 WTR PRV 25 564.780 EA 14119.50 WLFN223FM2M LF 3 PRV W/O STRN 2 4355.050 EA 8710.10 WLFM115P *NLA LFNP 4 LFM115 150# DI PRV 2 3626.450 EA 7252.90 ---- FORD METER COUPLINGS FC382425NL LF 3/4X1X2-1/2 MIP STRT MTR COUP 600 16.550 EA 9930.00 FC38442625NL LF 1X2-5/8 MIP STRT MTR COUP 600 16.300 EA 9780.00 SP-CF316695260NL 1-1/2 FLG KIT, PAIR COUPS & PSB 118 105.130 EA 12405.34 SP-CF31779526009NL 2 FLG KIT, PAIR COUPS & PSB 122 134.090 EA 16358.98 M7610RKM 3 MTR FLG KIT RND 1 350.130 EA 350.13 M7610RKP LF 4 MTR FLG KIT BRZ SET 1 559.410 EA 559.41 Net Total:$174945.61 Tax:$0.00 Freight:$0.00 Total:$174945.61 Page 131 of 237 Page 2 of 2 10:53:41 FEB 07 2025 FERGUSON WATERWORKS #2518 Price Quotation Reference No:B171056 HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=2518&on=24674 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER. ARE NOT FIRM UNLESS NOTED OTHERWISE. https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at Govt Buyers: All items are open market unless noted otherwise. Page 132 of 237 Seq#Qty Descripon Units Price Ext Price 10 72 3/4 WATT 25AUB PRV FIPTXFIP EA 119.98 8,638.56 20 432 1 WATT 25AUB PRES REG FIPXFIP EA 173.98 75,159.36 30 25 1-1/2 WATT 0070323 25AUB-Z3 PRS RED VLV EA 473.98 11,849.50 40 25 2 WATT 25AUB-Z3 0070336 PRESSU RE REDUCING VALVE W/ Z-3OPTIO EA 569.98 14,249.50 N 50 2 3" WATTS PRV LFN223FM2 EA 4,448.98 8,897.96 60 2 4" WATTS LFM115 PRV EA 3,615.98 7,231.96 70 600 74620 3/4X1 METER COUPLING NO LEAD EA 17.78 10,668.00 80 600 74620 1X1X2.63 MTR CPLG MNUTXMIPT NO LEAD 5124-111 EA 15.48 9,288.00 90 118 1-1/2" 7610FKIT MTR FLG KIT EA 112.25 13,245.50 100 122 2" MTR FLG KIT 7610FKIT EA 143.15 17,464.30 110 1 3" BRASS MTR FLG KIT 7610RK EA 282.59 282.59 120 1 4" BRASS MTR FLG KIT 7610RK EA 451.49 451.49 Sub Total 177,426.72 Tax 0.00 Total 177,426.72 UNLESS OTHERWISE SPECIFIED HEREIN, PRICES QUOTED ARE VALID IF ACCEPTED BY CUSTOMER AND PRODUCTS ARE RELEASED BYCUSTOMER FOR MANUFACTURE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF THIS QUOTATION. CORE & MAIN LPRESERVES THE RIGHT TO INCREASE PRICES TO ADDRESS FACTORS, INCLUDING BUT NOT LIMITED TO, GOVERNMENT REGULATIONS,TARIFFS, TRANSPORTATION, FUEL AND RAW MATERIAL COSTS. DELIVERY WILL COMMENCE BASED UPON MANUFACTURER LEADTIMES. ANY MATERIAL DELIVERIES DELAYED BEYOND MANUFACTURER LEAD TIMES MAY BE SUBJECT TO PRICE INCREASES AND/ORAPPLICABLE STORAGE FEES. THIS BID PROPOSAL IS CONTINGENT UPON BUYER’S ACCEPTANCE OF SELLER’S TERMS ANDCONDITIONS OF SALE, AS MODIFIED FROM TIME TO TIME, WHICH CAN BE FOUND AT: hps://coreandmain.com/TandC/ 01/29/2025 - 4:29 PM Actual taxes may vary Page 1 of 1 CITY OF LAKEVILLE, MN Job Locaon: Lakeville, MN Bid Date: 01/31/2025 03:30 pm Core & Main Bid #: 3969307 Core & Main 5145 211th Street West Farmington, MN 55024 Phone: 6514636090 Fax: 6514634554 Bid Proposal for City of Lakeville 2025 PRV Meter Cplg Page 133 of 237 Date: 2/18/2025 Encroachment Agreement with Sinnakaruppan Family Trust for Private Improvements in Public Easements Proposed Action Staff recommends adoption of the following motion: Move to approve Encroachment Agreement with Sinnakaruppan Family Trust for private improvements in public easements. Overview The Sinnakaruppan Family Trust (19180 Indora Trail) requests approval for existing privately- owned and maintained retaining walls to remain 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 and Certificate of Trust 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 134 of 237 Page 135 of 237 Page 136 of 237 Page 137 of 237 Page 138 of 237 Page 139 of 237 Page 140 of 237 Page 141 of 237 Page 142 of 237 Page 143 of 237 Date: 2/18/2025 Agreement with RES PYRO for July 4th Fireworks Display Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with RES PYRO for July 4th Fireworks Display. Overview This year’s celebration will begin with pre-fireworks festivities at Century Middle School and the July 4th firework display will be launched from King Park. The pre-fireworks festivities include food trucks, live band, petting zoo, and more. Funding for the $35,000 display will be provided through Lakeville Liquors and donations from College City Beverage, Inc. and the Lakeville Lions. In 2020, the city took on the responsibility of executing the agreement for the fireworks display. The 2022 RFP that was sent to vendors included an opportunity to renew the agreement for five years (through 2027) pending approval of appropriate funding and an excellent rating of each show. RES PYRO has a long history of great shows here in Lakeville, including 2024. The attached agreement has been reviewed by the City Attorney and staff is recommending approval of the agreement by the Mayor and City Council. Supporting Information 1. Agreement with RES Pyro Financial Impact: $35,000 Budgeted: Yes Source: Liquor Fund and Donations Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Susan Johnson, Recreation Manager Page 144 of 237 DISPLAY CONTRACT AGREEMENT THIS AGREEMENT, made and entered into on this 21st day of January, 2025 between RES Pyro, hereafter referred to as the SELLER and City of Lakeville, hereafter referred to as the BUYER. IT IS MUTUALLY AGREED BETWEEN THE SELLER AND THE BUYER AS FOLLOWS: Service Provided Outdoor Fireworks Display Date(s) Friday, July 4, 2025 Rain Date Time N/A Dusk (Approximately) Duration 20 minutes (depending on intensity) Location King Park, Lakeville, MN Event Sponsor City of Lakeville OBLIGATIONS OF SELLER: SELLER shall provide all materials, equipment, and personnel necessary to perform the above- mentioned display. SELLER is required and will comply with NFPA 1123, Code for Outdoor Display of Fireworks, 2018 edition and NFPA 1126, Pyrotechnics before a Proximate Audience, 2016 edition. SELLER shall provide a certificate of liability insurance in the amount of $5,000,000.00 to cover the fireworks display and cleanup. BUYER shall be listed as Certificate Holder on the Certificate of Liability insurance. All individuals/entities listed on the certificate of liability insurance will be deemed an additional insured per this contract. SELLER will assist with cleanup of debris in the display site area. SELLER shall include the BUYER, as co-insured on Certificate of Insurance. SELLER shall comply with all applicable federal, state, and local laws, ordinances, rules and regulations. SELLER shall carry the following insurance coverage: A. Workers’ compensation and employer’s liability insurance in amounts sufficient pursuant to the laws of the State of Minnesota. B. Commercial general liability insurance with combined single limits of liability not less than $5,000,000 for bodily injury, including personal injury or death, products liability, and property damage. The BUYER shall be named as additional insured on all such insurance policies, with the exception of workers’ compensation coverage. The contractor shall provide a certificate of liability insurance, and a copy of additional insured endorsement by June 21, 2024, evidencing such coverage and, at BUYER’S request, furnish BUYER with copies of insurance policies and with evidence of payment of premium or fees of such policies. OBLIGATIONS OF BUYER: BUYER shall provide a suitable location for firing of the fireworks display. BUYER shall provide and cover all costs for security, safety, and cleanup at the display site. Page 145 of 237 TERMS AND CONDITIONS: The terms of this agreement shall begin on the day of the signing of this agreement and shall conclude upon the completion of the display. However, if before the date of the scheduled performance, the BUYER has not performed fully its obligations under the terms of this agreement or that the financial credit of the BUYER has been impaired, the SELLER may cancel this agreement at any time. In the event the BUYER does not perform fully all of its obligations herein, the SELLER shall have the option to perform or refuse to perform hereunder, and in either event the BUYER shall be liable to the SELLER for any damages, compensation or costs incurred including but not limited to attorney and court fees in addition to the compensation herein. The SELLER shall retain the right to stop or interrupt the display at any time if, in the opinion of the SELLER, conditions have become unsafe. In event of rain, fireworks may be rescheduled at a mutually agreeable date. PAYMENT: Contracted amount: $35,000.00 inclusive of sales tax, if applicable. Contracted amount includes fire watch and permit fee. All payments shall be paid by BUYER to and in the name of RES Pyro in the form of a company check, certified bank check, money order, or cash. CANCELLATION: The Parties agree that should inclement weather prevent the fireworks display from occurring on July 4, 2025, the Contractor shall be entitled to a fee charge of Four Thousand and no/100ths Dollars ($4,000.00). In the event of a cancellation for inclement weather, the fireworks display will be rescheduled to ______ or another mutually agreed upon date. In the event the BUYER cancels this agreement any time during the contract period for a reason other than inclement weather, the SELLER shall be entitled to and receive 30% of the contracted fee for the remainder of the contract period plus compensation for any pre- and post-production costs incurred. MISCELLANEOUS TERMS: It is agreed that nothing herein contained is intended, or should be construed in any manner, as creating or establishing the relationship of co-partners between the parties hereto, or as constituting the SELLER staff as the agents, representatives or employees of the BUYER for any purpose in any manner whatsoever. The SELLER and its staff are to be and shall remain an independent contractor with respect to all services performed under this Agreement. The SELLER represents that it has, or will secure at its own expense, any and all personnel required in performing services under this Agreement. Personnel, while engaged in the performance of any work or services required by the SELLER under this Agreement, shall not be considered employees of the BUYER, and any and all claims that may or might arise under the Workers' Compensation Act of the State of Minnesota, on behalf of said personnel or other persons while so engaged, and any and all claims whatsoever on behalf of any such person or personnel arising out of employment or alleged employment including, without limitation, claims of discrimination against the SELLER, its officers, agents, contractors or employees shall in no way be the responsibility of the BUYER, and the SELLER shall defend, indemnify and hold the BUYER, its officers, agents and employees harmless from any and all such claims regardless of any determination of any pertinent tribunal, agency, board, commission or court. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from the BUYER, including, without limitation, tenure rights, medical Page 146 of 237 and hospital care, sick leave, Workers' Compensation, Unemployment Compensation, disability, severance pay and PERA. SELLER shall defend, indemnify, and hold harmless the BUYER, its officers, employees and agents, from any and all claims causes of action, lawsuits, damages, losses or expenses, including attorney's fees, arising out of or resulting from the SELLER’S (including its officers, employees or agents) performance of the duties under this Agreement. Any amendments to this Agreement shall be in writing and executed by the parties in the same manner as this Agreement. THIS AGREEMENT shall be interpreted under the laws of the State of Minnesota. The parties mutually and severally guarantee the terms, conditions, and payments of the Agreement, which shall be binding upon the parties, heirs, executors, administrators, successors and assigns. THIS AGREEMENT shall not be assignable except at the written consent of the BUYER. THIS AGREEMENT represents the entire agreement between the BUYER and the SELLER and supersedes and cancels any and all prior agreements or proposals, written or oral, between the parties relating to the subject matter hereof, and amendments, addenda, alterations or modifications to the terms and conditions of this Agreement shall be in writing and signed by both parties. IN WITNESS WHEREOF, the parties hereunto set their names on the day and year listed below. CONTRACT VALID WHEN SIGNED BY AUTHORIZED PERSONS. BUYER: SELLER: Cory Stinar - RES Pyro Title: Title: Director of Services Signature: Signature: Date: Date: 1/21/2025 Page 147 of 237 Date: 2/18/2025 Resolution Authorizing Issuance and Sale of General Obligation Bonds, Series 2025A Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Authorizing the Issuance and Sale of General Obligation Bonds, Series 2025A. Overview Recommendations and financial impacts for 2025A bonds were discussed at the January 27, 2025 Council work session. A revised finance plan has been attached to this report which is based on updated estimated interest rates and no change to project costs. The estimated true interest cost (TIC) decreased from the 4.18% shown in the January 27th plan to 3.88%. Passage of this motion will result in the financing of the following projects: • #25-02 – 2025 Street Reconstruction Project • #25-03 – 2025 Collector Rehabilitation • #25-12 – (CIP) FiRST Responders Skills Training Center The debt will be repaid with property taxes and franchise fees. The 2025A bond issuance is estimated to be $23,025,000. It reflects the following: • The term of the bonds is 20 years: o Street reconstruction portion = 10 years o CIP portion = 20 years • The structure of the 2025A bonds is compliant with the City’s Debt Policy such that the total maturity length is equal to or less than 20 years and at least 50% of the principal will be retired within 10 years. • Call Provision - Bonds maturing on or after 2/1/2034 may be prepaid at a price of par plus accrued interest on or after 2/1/2033. Supporting Information 1. 2025A Set Sale Resolution 2. 2025A FinancePlan_updated Page 148 of 237 Financial Impact: $23,025,000 Budgeted: Yes Source: Taxes & franchise fees Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 149 of 237 4922-2818-5108\3 CITY OF LAKEVILLE RESOLUTION Date: February 18, 2025 Resolution No. _______________________ RESOLUTION AUTHORIZING ISSUANCE AND SALE OF GENERAL OBLIGATION BONDS, SERIES 2025A BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota (the “City”), as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Bonds, Series 2025A, in the principal amount of approximately $23,025,000 (the “Bonds”), pursuant to Minnesota Statutes, Sections 475.58, Subdivision 3(b), 475.521, and Chapter 475, to: (a) finance the City’s 2025 street reconstruction projects; (b) finance various capital improvements, as described in the City’s five-year capital improvement plan; and (c) pay costs associated with the issuance of the Bonds. SECTION 2. TERMS OF PROPOSAL. Northland Securities, Inc., municipal advisor to the City, has presented to this Council a form of Terms of Proposal for the Bonds which is attached hereto and hereby approved and shall be placed on file by the Administrator. Each and all of the provisions of the Terms of Proposal attached hereto are hereby adopted as the terms and conditions of the Bonds and of the sale thereof. Northland Securities, Inc. is hereby authorized, pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), to solicit proposals for the Bonds on behalf of the City on a competitive basis without requirement of published notice. SECTION 3. SALE MEETING. This Council shall meet at the time and place shown in the Terms of Proposal for the purpose of considering sealed bids for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Adopted this 18h day of February, 2025. CITY OF LAKEVILLE By: Luke M. Hellier, Mayor ATTEST: Ann Orlofsky, City Clerk VOTE Hellier Bermel Lee Volk Wolter Aye ☐☐☐☐☐ Nay ☐☐☐☐☐ Abstain ☐☐☐☐☐ Absent ☐☐☐☐☐ Page 150 of 237 4922-2818-5108\3 TERMS OF PROPOSAL $23,025,000* GENERAL OBLIGATION BONDS, SERIES 2025A CITY OF LAKEVILLE, MINNESOTA (Book-Entry Only) NOTICE IS HEREBY GIVEN that these Bonds will be offered for sale according to the following terms: TIME AND PLACE: Proposals (also referred to herein as “bids”) will be opened by the City’s Finance Director, or designee, on Monday, March 17, 2025, at 10:00 A.M., CT, at the offices of Northland Securities, Inc. (the Issuer’s “Municipal Advisor”), 150 South 5th Street, Suite 3300, Minneapolis, Minnesota 55402. Consideration of the Proposals for award of the sale will be by the City Council at its meeting at the City Offices beginning Monday, March 17, 2025 at 6:00 P.M., CT. SUBMISSION OF PROPOSALS Proposals may be: a) submitted to the office of Northland Securities, Inc., b) emailed to PublicSale@northlandsecurities.com c) for proposals submitted prior to the sale, the final price and coupon rates may be submitted to Northland Securities, Inc. by telephone at 612-851-5900 or 612-851-4945, or d) submitted electronically. Notice is hereby given that electronic proposals will be received via PARITY™, or its successor, in the manner described below, until 10:00 A.M., CT, on March 17, 2025. Proposals may be submitted electronically via PARITY™ or its successor, pursuant to this Notice until 10:00 A.M., CT, but no Proposal will be received after the time for receiving Proposals specified above. To the extent any instructions or directions set forth in PARITY™, or its successor, conflict with this Notice, the terms of this Notice shall control. For further information about PARITY™, or its successor, potential bidders may contact Northland Securities, Inc. or i-Deal at 1359 Broadway, 2nd floor, New York, NY 10018, telephone 212-849-5021. Neither the Issuer nor Northland Securities, Inc. assumes any liability if there is a malfunction of PARITY™ or its successor. All bidders are advised that each Proposal shall be deemed to constitute a contract between the bidder and the Issuer to purchase the Bonds regardless of the manner in which the Proposal is submitted. BOOK-ENTRY SYSTEM The Bonds will be issued by means of a book-entry system with no physical distribution of bond certificates made to the public. The Bonds will be issued in fully registered form and one bond certificate, * The Issuer reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. Page 151 of 237 4922-2818-5108\3 representing the aggregate principal amount of the Bonds maturing in each year, will be registered in the name of Cede & Co. as nominee of Depository Trust Company (“DTC”), New York, New York, which will act as securities depository of the Bonds. Individual purchases of the Bonds may be made in the principal amount of $5,000 or any multiple thereof of a single maturity through book entries made on the books and records of DTC and its participants. Principal and interest are payable by the Issuer through U.S. Bank Trust Company, National Association, St. Paul, Minnesota (the “Paying Agent/Registrar”), to DTC, or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants will be the responsibility of such participants and other nominees of beneficial owners. The successful bidder, as a condition of delivery of the Bonds, will be required to deposit the bond certificates with DTC. The Issuer will pay reasonable and customary charges for the services of the Paying Agent/Registrar. DATE OF ORIGINAL ISSUE OF BONDS Date of Delivery (Estimated to be April 16, 2025) AUTHORITY/PURPOSE/SECURITY The Bonds are being issued pursuant to Minnesota Statutes, Chapter 475 and Sections 475.58, Subdivision 3b and 475.521, as amended. Proceeds will be used to finance the City’s 2025 street reconstruction projects and capital improvement projects as described in the Capital Improvement Plan approved on September 19, 2024, and to pay costs associated with the issuance of the Bonds. The Bonds are payable from ad valorem taxes on all taxable property within the City. The full faith and credit of the Issuer is pledged to their payment and the Issuer has validly obligated itself to levy ad valorem taxes in the event of any deficiency in the debt service account established for this issue. INTEREST PAYMENTS Interest is due semiannually on each February 1 and August 1, commencing February 1, 2026, to registered owners of the Bonds appearing of record in the Bond Register as of the close of business on the fifteenth day (whether or not a business day) of the calendar month next preceding such interest payment date. MATURITIES Principal is due annually on February 1, inclusive, in each of the years and amounts as follows: Year Amount Year Amount Year Amount 2027 $1,080,000 2034 $1,335,000 2041 $1,030,000 2028 1,110,000 2035 1,380,000 2042 1,070,000 2029 1,145,000 2036 1,430,000 2043 1,115,000 2030 1,185,000 2037 885,000 2044 1,160,000 2031 1,220,000 2038 920,000 2045 1,210,000 2032 1,255,000 2039 950,000 2046 1,260,000 2033 1,295,000 2040 990,000 Page 152 of 237 4922-2818-5108\3 Proposals for the Bonds may contain a maturity schedule providing for any combination of serial bonds and term bonds, subject to mandatory redemption, so long as the amount of principal maturing or subject to mandatory redemption in each year conforms to the maturity schedule set forth above. INTEREST RATES All rates must be in integral multiples of 1/20th or 1/8th of 1%. The rate for any maturity may not be more than 2.00% less than the rate for any preceding maturity. All Bonds of the same maturity must bear a single uniform rate from date of issue to maturity. ESTABLISHMENT OF ISSUE PRICE (HOLD-THE-OFFERING-PRICE RULE MAY APPLY – BIDS NOT CANCELLABLE) In order to establish the issue price of the Bonds for federal income tax purposes, the Issuer requires bidders to agree to the following, and by submitting a bid, each bidder agrees to the following. If a bid is submitted by a potential underwriter, the bidder confirms that (i) the underwriters have offered or reasonably expect to offer the Bonds to the public on or before the date of the award at the offering price (the “initial offering price”) for each maturity as set forth in the bid and (ii) the bidder, if it is the winning bidder, shall require any agreement among underwriters, selling group agreement, retail distribution agreement or other agreement relating to the initial sale of the Bonds to the public to which it is a party to include provisions requiring compliance by all parties to such agreements with the provisions contained herein. For purposes hereof, Bonds with a separate CUSIP number constitute a separate “maturity,” and the public does not include underwriters of the Bonds (including members of a selling group or retail distribution group) or persons related to underwriters of the Bonds. If, however, a bid is submitted for the bidder’s own account in a capacity other than as an underwriter of the Bonds, and the bidder has no current intention to sell, reoffer, or otherwise dispose of the Bonds, the bidder shall notify the Issuer to that effect at the time it submits its bid and shall provide a certificate to that effect in place of the certificate otherwise required below. If the winning bidder intends to act as an underwriter, the Issuer shall advise the winning bidder at or prior to the time of award whether (i) the competitive sale rule or (ii) the “hold-the-offering price” rule applies, as described in the following paragraph. If the Issuer advises the winning bidder that the requirements for a competitive sale have not been satisfied and that the hold-the-offering price rule applies, the winning bidder shall (1) upon the request of the Issuer confirm that the underwriters did not offer or sell any maturity of the Bonds to any person at a price higher than the initial offering price of that maturity during the period starting on the award date and ending on the earlier of (a) the close of the fifth business day after the sale date or (b) the date on which the underwriters have sold at least 10% of that maturity to the public at or below the initial offering price; and (2) at or prior to closing, deliver to the Issuer a certification substantially in the form attached hereto as Exhibit A, together with a copy of the pricing wire. If the Issuer advises the winning bidder that the requirements for a competitive sale have been satisfied and that the competitive sale rule applies, the winning bidder will be required to deliver to the Issuer at or prior to closing a certification, substantially in the form attached hereto as Exhibit B, as to the reasonably expected initial offering price as of the award date. Any action to be taken or documentation to be received by the Issuer pursuant hereto may be taken or received on behalf of the Issuer by the Municipal Advisor. Page 153 of 237 4922-2818-5108\3 Bidders should prepare their bids on the assumption that the Bonds will be subject to the “hold- the-offering-price” rule. Any bid submitted pursuant to the Notice of Sale shall be considered a firm offer for the purchase of the Bonds, and bids submitted will not be subject to cancellation or withdrawal. ADJUSTMENTS TO PRINCIPAL AMOUNT AFTER PROPOSALS The Issuer reserves the right to increase or decrease the principal amount of the Bonds. Any such increase or decrease will be made in multiples of $5,000 and may be made in any maturity. If any maturity is adjusted, the purchase price will also be adjusted to maintain the same gross spread. Such adjustments shall be made promptly after the sale and prior to the award of Proposals by the Issuer and shall be at the sole discretion of the Issuer. The successful bidder may not withdraw or modify its Proposal once submitted to the Issuer for any reason, including post-sale adjustment. Any adjustment shall be conclusive and shall be binding upon the successful bidder. OPTIONAL REDEMPTION Bonds maturing on and after February 1, 2034 are subject to redemption and prepayment at the option of the Issuer on February 1, 2033 and any date thereafter, at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and principal amounts within each maturity to be redeemed shall be determined by the Issuer and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. CUSIP NUMBERS If the Bonds qualify for assignment of CUSIP numbers such numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for a failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with terms of the purchase contract. The CUSIP Service Bureau charge for the assignment of CUSIP identification numbers shall be paid by the successful bidder. DELIVERY Delivery of the Bonds will be within thirty-five days after award, subject to an approving legal opinion by Dorsey & Whitney LLP, Bond Counsel. The legal opinion will be paid by the Issuer and delivery will be anywhere in the continental United States without cost to the successful bidder at DTC. TYPE OF PROPOSAL Proposals of not less than $22,840,800 (99.20%) and accrued interest on the principal sum of $23,025,000 must be filed with the undersigned prior to the time of sale. Proposals must be unconditional except as to legality. Proposals for the Bonds should be delivered to Northland Securities, Inc. and addressed to: Julie Stahl, Finance Director Lakeville City Hall 20195 Holyoke Ave. Page 154 of 237 4922-2818-5108\3 Lakeville, MN 55044 A good faith deposit (the “Deposit”) in the amount of $460,500 in the form of a federal wire transfer (payable to the order of the Issuer) is only required from the apparent winning bidder, and must be received within two hours after the time stated for the receipt of Proposals. The apparent winning bidder will receive notification of the wire instructions from the Municipal Advisor promptly after the sale. If the Deposit is not received from the apparent winning bidder in the time allotted, the Issuer may choose to reject their Proposal and then proceed to offer the Bonds to the next lowest bidder based on the terms of their original proposal, so long as said bidder wires funds for the Deposit amount within two hours of said offer. The Issuer will retain the Deposit of the successful bidder, the amount of which will be deducted at settlement and no interest will accrue to the successful bidder. In the event the successful bidder fails to comply with the accepted Proposal, said amount will be retained by the Issuer. No Proposal can be withdrawn after the time set for receiving Proposals unless the meeting of the Issuer scheduled for award of the Bonds is adjourned, recessed, or continued to another date without award of the Bonds having been made. AWARD The Bonds will be awarded on the basis of the lowest interest rate to be determined on a true interest cost (TIC) basis. The Issuer’s computation of the interest rate of each Proposal, in accordance with customary practice, will be controlling. In the event of a tie, the sale of the Bonds will be awarded by lot. The Issuer will reserve the right to: (i) waive non-substantive informalities of any Proposal or of matters relating to the receipt of Proposals and award of the Bonds, (ii) reject all Proposals without cause, and (iii) reject any Proposal which the Issuer determines to have failed to comply with the terms herein. INFORMATION FROM SUCCESSFUL BIDDER The successful bidder will be required to provide, in a timely manner, certain information relating to the initial offering price of the Bonds necessary to compute the yield on the Bonds pursuant to the provisions of the Internal Revenue Code of 1986, as amended. OFFICIAL STATEMENT By awarding the Bonds to any underwriter or underwriting syndicate submitting a Proposal therefor, the Issuer agrees that, no more than seven business days after the date of such award, it shall provide to the senior managing underwriter of the syndicate to which the Bonds are awarded, the Final Official Statement in an electronic format as prescribed by the Municipal Securities Rulemaking Board (MSRB). FULL CONTINUING DISCLOSURE UNDERTAKING The Issuer will covenant in the resolution awarding the sale of the Bonds and in a Continuing Disclosure Undertaking to provide, or cause to be provided, annual financial information, including audited financial statements of the Issuer, and notices of certain material events, as required by SEC Rule 15c2-12. NOT BANK QUALIFIED Page 155 of 237 4922-2818-5108\3 The Issuer will not designate the Bonds as qualified tax-exempt obligations for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. BOND INSURANCE AT UNDERWRITER’S OPTION If the Bonds qualify for issuance of any policy of municipal bond insurance or commitment therefor at the option of the successful bidder, the purchase of any such insurance policy or the issuance of any such commitment shall be at the sole option and expense of the successful bidder of the Bonds. Any increase in the costs of issuance of the Bonds resulting from such purchase of insurance shall be paid by the successful bidder, except that, if the Issuer has requested and received a rating on the Bonds from a rating agency, the Issuer will pay that rating fee. Any other rating agency fees shall be the responsibility of the successful bidder. Failure of the municipal bond insurer to issue the policy after the Bonds have been awarded to the successful bidder shall not constitute cause for failure or refusal by the successful bidder to accept delivery on the Bonds. The Issuer reserves the right to reject any and all Proposals, to waive informalities and to adjourn the sale. Dated: February 18, 2025 BY ORDER OF THE LAKEVILLE CITY COUNCIL /s/ Julie Stahl Finance Director Additional information may be obtained from: Northland Securities, Inc. 150 South 5th Street, Suite 3300 Minneapolis, Minnesota 55402 Telephone No.: 612-851-5900 Page 156 of 237 4922-2818-5108\3 EXHIBIT A ISSUE PRICE CERTIFICATE – COMPETITIVE SALES WITH AT LEAST THREE BIDS FROM ESTABLISHED UNDERWRITERS $[PRINCIPAL AMOUNT] [BOND CAPTION] ISSUE PRICE CERTIFICATE The undersigned, on behalf of [NAME OF UNDERWRITER] (“[SHORT NAME OF UNDERWRITER]”), hereby certifies as set forth below with respect to the sale of the obligations named above (the “Bonds”). 1.Reasonably Expected Initial Offering Price. (a) As of the Sale Date, the reasonably expected initial offering prices of the Bonds to the Public by [SHORT NAME OF UNDERWRITER] are the prices listed in Schedule A (the “Expected Offering Prices”). The Expected Offering Prices are the prices for the Maturities of the Bonds used by [SHORT NAME OF UNDERWRITER] in formulating its bid to purchase the Bonds. Attached as Schedule B is a true and correct copy of the bid provided by [SHORT NAME OF UNDERWRITER] to purchase the Bonds. (b) [SHORT NAME OF UNDERWRITER] was not given the opportunity to review other bids prior to submitting its bid. (c) The bid submitted by [SHORT NAME OF UNDERWRITER] constituted a firm offer to purchase the Bonds. 2.Defined Terms. For purposes of this Issue Price Certificate: (a)Issuer means [DESCRIBE ISSUER]. (b)Maturity means Bonds with the same credit and payment terms. Any Bonds with different maturity dates, or with the same maturity date but different stated interest rates, are treated as separate Maturities. (c)Member of the Distribution Group means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). (d)Public means any person (i.e., an individual, trust, estate, partnership, association, company, or corporation) other than a Member of the Distribution Group or a related party to a Member of the Distribution Group. A person is a “related party” to a Member of the Distribution Group if the Member of the Distribution Group and that person are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding Page 157 of 237 4922-2818-5108\3 stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other). (e)Sale Date means the first day on which there is a binding contract in writing for the sale of the respective Maturity. The Sale Date of each Maturity was [DATE]. The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents [SHORT NAME OF UNDERWRITER]’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer[ and BORROWER (the “Borrower”)] with respect to certain of the representations set forth in the [Tax Certificate][Tax Exemption Agreement] and with respect to compliance with the federal income tax rules affecting the Bonds, and by [BOND COUNSEL] in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038[-G][-GC][-TC], and other federal income tax advice that it may give to the Issuer[ and the Borrower] from time to time relating to the Bonds. [UNDERWRITER] By:_______________________________________ Name:_____________________________________ Dated: [ISSUE DATE] Page 158 of 237 4922-2818-5108\3 ISSUE PRICE CERTIFICATE – COMPETITIVE SALES WITH FEWER THAN THREE BIDS FROM ESTABLISHED UNDERWRITERS $[PRINCIPAL AMOUNT] [BOND CAPTION] ISSUE PRICE CERTIFICATE The undersigned, on behalf of [NAME OF UNDERWRITER/REPRESENTATIVE] ([“[SHORT NAME OF UNDERWRITER]”)][the “Representative”)][, on behalf of itself and [NAMES OF OTHER UNDERWRITERS] (together, the “Underwriting Group”),] hereby certifies as set forth below with respect to the sale of the obligations named above (the “Bonds”). 1.Initial Offering Price of the Bonds. [SHORT NAME OF UNDERWRITER][The Underwriting Group] offered the Bonds to the Public for purchase at the specified initial offering prices listed in Schedule A (the “Initial Offering Prices”) on or before the Sale Date. A copy of the pricing wire for the Bonds is attached to this certificate as Schedule B. 2. Hold the Offering Price Rule. [SHORT NAME OF UNDERWRITER][Each member of the Underwriting Group] has agreed in writing that, (i) for each Maturity, it would neither offer nor sell any of the Bonds of such Maturity to any person at a price that is higher than the Initial Offering Price for such Maturity during the Holding Period for such Maturity (the “Hold-the-Offering-Price Rule”), and (ii) any agreement among underwriters, selling group agreement, or third-party distribution agreement contains the agreement of each underwriter, dealer, or broker-dealer who is a party to such agreement to comply with the Hold-the-Offering-Price Rule. Based on the [Representative][SHORT NAME OF UNDERWRITER]’s own knowledge and, in the case of sales by other Members of the Distribution Group, representations obtained from the other Members of the Distribution Group, no Member of the Distribution Group has offered or sold any such Maturity at a price that is higher than the respective Initial Offering Price during the respective Holding Period. 3.Defined Terms. For purposes of this Issue Price Certificate: (a)Holding Period means the period starting on the Sale Date and ending on the earlier of (i) the close of the fifth business day after the Sale Date ([DATE]), or (ii) the date on which Members of the Distribution Group have sold at least 10% of such Maturity to the Public at one or more prices, none of which is higher than the Initial Offering Price for such Maturity. (b)Issuer means [DESCRIBE ISSUER]. (c)Maturity means Bonds with the same credit and payment terms. Any Bonds with different maturity dates, or with the same maturity date but different stated interest rates, are treated as separate Maturities. (d)Member of the Distribution Group means (i) any person that agrees pursuant to a written contract with the Issuer (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the Public, and (ii) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (i) of this paragraph to participate in the initial sale of the Bonds to the Public (including a member of a selling group or a party to a retail distribution agreement participating in the initial sale of the Bonds to the Public). (e)Public means any person (i.e., an individual, trust, estate, partnership, association, company, or corporation) other than a Member of the Distribution Group or a related party to a Member Page 159 of 237 4922-2818-5108\3 of the Distribution Group. A person is a “related party” to a Member of the Distribution Group if the Member of the Distribution Group and that person are subject, directly or indirectly, to (i) at least 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (ii) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (iii) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other). (f)Sale Date means the first day on which there is a binding contract in writing for the sale of the respective Maturity. The Sale Date of each Maturity was [DATE]. The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents [NAME OF UNDERWRITING FIRM][the Representative’s] interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer[ and BORROWER (the “Borrower”)] with respect to certain of the representations set forth in the [Tax Certificate][Tax Exemption Agreement] and with respect to compliance with the federal income tax rules affecting the Bonds, and by [BOND COUNSEL] in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038[-G][-GC][-TC], and other federal income tax advice that it may give to the Issuer[ and the Borrower] from time to time relating to the Bonds. [UNDERWRITER][REPRESENTATIVE] By:_______________________________________ Name:_____________________________________ Dated: [ISSUE DATE] Page 160 of 237 Finance Plan City of Lakeville, Minnesota $23,025,000 General Obligation Bonds, Series 2025A February 18, 2025 150 South 5th Street, Suite 3300 Minneapolis, MN 55402 612-851-5900 800-851-2920 www.northlandsecurities.com Member FINRA and SIPC | Registered with SEC and MSRB Page 161 of 237 Northland Securities, Inc. Page 2 Contents Executive Summary ............................................................................................................................... 2 Issue Overview ....................................................................................................................................... 3 Purpose ........................................................................................................................................................ 3 Authority ..................................................................................................................................................... 3 Structure ...................................................................................................................................................... 4 Security and Source of Repayment ................................................................................................... 4 Plan Rationale ............................................................................................................................................ 4 Issuing Process .......................................................................................................................................... 4 Attachment 1 – Preliminary Debt Service Schedules ........................................................................ 6 Attachment 2 – Estimated Levy Schedules ......................................................................................... 9 Attachment 3 – Related Considerations ............................................................................................ 10 Not Bank Qualified ........................................................................................................................ 10 Arbitrage Compliance .................................................................................................................. 10 Continuing Disclosure .................................................................................................................. 10 Premiums ........................................................................................................................................... 10 Rating .................................................................................................................................................. 11 Attachment 4 – Calendar of Events .................................................................................................... 12 Attachment 5 - Risk Factors ................................................................................................................. 14 Page 162 of 237 Northland Securities, Inc. Page 2 Executive Summary The following is a summary of the recommended terms for the issuance of $23,025,000 General Obligation Bonds, Series 2025A (the “Bonds”). Additional information on the proposed finance plan and issuing process can be found after the Executive Summary, in the Issue Overview and Attachment 3 – Related Considerations. Purpose Proceeds from the Bonds will be used to finance the City’s 2025 street reconstruction and capital improvement projects, and to finance the costs associated with the issuance of the Bonds. Security The Bonds will be a general obligation of the City. The City will pledge ad valorem taxes for payment of the Bonds. Repayment Term The Bonds will mature annually each February 1 in the years 2027 through 2046. Interest on the Bonds will be payable on February 1, 2026, and semiannually thereafter on each February 1 and August 1. Estimated Interest Rate True interest cost (TIC): 3.88% Interest rates are estimated based on Non-BQ “Aaa” rates as of February 7, 2025, plus 0.25% for planning purposes. Prepayment Option Bonds maturing on and after February 1, 2034, will be subject to redemption on February 1, 2033, and any day thereafter at a price of par plus accrued interest. Rating A rating will be requested from Moody’s Investor Services (Moody’s). The City’s general obligation debt is currently rated "Aaa” by Moody’s. Tax Status The Bonds will be tax-exempt, non-bank qualified obligations. Risk Factors There are certain risks associated with all debt. Risk factors related to the Bonds are discussed in Attachment 5. Type of Bond Sale Public Sale – Competitive Bids Proposals Received Monday, March 17, 2025 @ 10:00 A.M. Council Consideration Monday, March 17, 2025 @ 6:00 P.M. Page 163 of 237 Northland Securities, Inc. Page 3 Issue Overview Purpose Proceeds from the Bonds will be used to finance the following projects (together, the “Projects”): • the 2025 street reconstruction projects (the “Street Reconstruction Portion”); and • various capital improvement projects as described in the Capital Improvement Plan approved on September 19, 2024 (the “CIP Portion”). The proceeds will also be used to pay costs associated with issuing the Bonds. The Bonds have been sized based on cost estimates provided by City Staff as of January 17, 2025. The table below contains the estimated sources and uses of funds for the bond issue. Authority The Bonds will be issued pursuant to the authority of Minnesota Statutes, Chapter 475 and Sections 475.58, Subdivision 3b and 475.521. Street Reconstruction Portion Under Section 475.58, Subdivision 3b., street reconstruction bonds can be used to finance the reconstruction and bituminous overlay of existing city streets. Eligible improvements may include turn lanes and other improvements having a substantial public safety function, realignments, other modifications to intersect with state and county roads and the local share of state and county road projects. Eligible improvements do not include the portion of project cost allocable to widening a street or adding curbs and gutters where none previously existed. Before issuing street reconstruction bonds, the City must hold a public hearing on the street reconstruction project and the proposed bonds, and then must pass a resolution approving the Street Reconstruction Plan and issuance of street reconstruction bonds. The City held the required public hearing and approved the Street Reconstruction Plan on October 7, 2024. CIP Portion Under Section 475.521, a capital improvement is a major expenditure of City funds for the acquisition or betterment of public lands, buildings, or other improvements used, such as a city hall, library, public safety, or public works facility, which has a useful life of five years or more. The maximum amount of principal and interest for capital improvement bonds cannot exceed 0.16% of the estimated market value of taxable property in the City. The City’s 2025 preliminary CIP Street Reconstruction Issue Summary Sources Of Funds Par Amount of Bonds $18,030,000.00 $4,995,000.00 $23,025,000.00 Additional required Equity contribution 528,087.19 -528,087.19 Total Sources $18,558,087.19 $4,995,000.00 $23,553,087.19 Uses Of Funds Deposit to Project Construction Fund 17,792,608.00 4,802,354.00 22,594,962.00 Deposit to Capitalized Interest (CIF) Fund 528,087.19 126,708.23 654,795.42 Total Underwriter's Discount (0.800%)144,240.00 39,960.00 184,200.00 Costs of Issuance 91,474.94 25,342.06 116,817.00 Rounding Amount 1,677.06 635.71 2,312.77 Total Uses $18,558,087.19 $4,995,000.00 $23,553,087.19 Page 164 of 237 Northland Securities, Inc. Page 4 estimated market value is $13,230,293,700 ($13,230,293,700 x 0.0016 = $21,168,470). The maximum amount of principal and interest due in a calendar year on the Bonds plus the City’s outstanding CIP Bonds is estimated to be approximately $3464,366, which is less than $21,168,470. Before issuing bonds under a Capital Improvement Plan (“CIP”), the City must hold a public hearing on the CIP and the proposed bonds and must then approve the CIP and authorize the issuance of the bonds by at least a 3/5 majority. The City held the required public hearing and approved the CIP on September 19, 2024. If a petition signed by voters equal to at least 5 percent of the votes cast in the last general election requesting a vote on the issuance of bonds is received by the clerk within 30 days after the public hearing, then the bonds may not be issued unless approved by the voters at an election. The 30- day period expired on October 19, 2024. Structure The Street Reconstruction Portion of the Bonds has been structured to result in relatively level annual debt service payments over 10 years. The CIP Portion has been structured to result in relatively level annual debt service payments over 20 years. The proposed structure for the bond issue and preliminary debt service projections for each portion of the bond issue are illustrated in Attachment 1 and the estimated levies are illustrated in Attachment 2. Security and Source of Repayment The Bonds will be general obligations of the City. The finance plan relies on the following assumptions for the revenues used to pay debt service, as provided by City staff: • Property Taxes. The revenues needed to pay debt service on the Bonds are expected to come from property tax levies. The initial projections show that for the Street Reconstruction Portion of the Bonds, an annual net levy of approximately $623,622, is needed to meet the 105% statutory requirement. The initial projections show that for the CIP Portion of the bonds, an annual levy of approximately $1,379,726, is needed to meet the 105% statutory requirement. The City anticipates using revenues from franchise fees to eliminate the CIP levy. The levies may be adjusted annually based on actual monies in the debt service funds. The initial levies will be made in 2025 for taxes payable in 2026. Given the timing of the initial revenue from the tax levy, capitalized interest will be included in the bond issue to cover the first interest payment due on February 1, 2026, before the first tax collections are received for the Street Reconstruction Portion. A cash contribution of approximately $528,087 will be used to cover the first interest payment due on February 1, 2026, for the CIP portion. Plan Rationale The Finance Plan recommended in this report is based on a variety of factors and information provided by the City related to the financed project and City objectives, Northland’s knowledge of the City and our experience in working with similar cities and projects. The issuance of General Obligation Bonds provides the best means of achieving the City’s objectives and cost-effective financing. The City has successfully issued and managed this type of debt for previous projects. Issuing Process Northland will receive bids from underwriters to purchase the Bonds on Monday, March 17, 2025, at 10:00 A.M. Market conditions and the marketability of the Bonds support issuance through a competitive sale. This process has been chosen as it is intended to produce the lowest combination Page 165 of 237 Northland Securities, Inc. Page 5 of interest expense and underwriting expense on the structure, date and time set to receive bids. The calendar of events for the issuing process can be found in Attachment 4. Municipal Advisor: Northland Securities, Inc., Minneapolis, Minnesota Bond Counsel: Dorsey & Whitney LLP, Minneapolis, Minnesota Paying Agent: US Bank Trust Company, National Association, St. Paul, Minnesota Page 166 of 237 Northland Securities, Inc. Page 6 Attachment 1 – Preliminary Debt Service Schedules Total Combined *Based on preliminary, Non-Bank Qualified “Aaa” rates as of February 7, 2025, plus 0.25%. Date Principal Coupon Interest Total P+I Fiscal Total 04/16/2025 ----- 02/01/2026 --654,795.42 654,795.42 654,795.42 08/01/2026 --413,555.00 413,555.00 - 02/01/2027 1,080,000.00 3.000%413,555.00 1,493,555.00 1,907,110.00 08/01/2027 --397,355.00 397,355.00 - 02/01/2028 1,110,000.00 3.050%397,355.00 1,507,355.00 1,904,710.00 08/01/2028 --380,427.50 380,427.50 - 02/01/2029 1,145,000.00 3.050%380,427.50 1,525,427.50 1,905,855.00 08/01/2029 --362,966.25 362,966.25 - 02/01/2030 1,185,000.00 3.100%362,966.25 1,547,966.25 1,910,932.50 08/01/2030 --344,598.75 344,598.75 - 02/01/2031 1,220,000.00 3.100%344,598.75 1,564,598.75 1,909,197.50 08/01/2031 --325,688.75 325,688.75 - 02/01/2032 1,255,000.00 3.150%325,688.75 1,580,688.75 1,906,377.50 08/01/2032 --305,922.50 305,922.50 - 02/01/2033 1,295,000.00 3.200%305,922.50 1,600,922.50 1,906,845.00 08/01/2033 --285,202.50 285,202.50 - 02/01/2034 1,335,000.00 3.300%285,202.50 1,620,202.50 1,905,405.00 08/01/2034 --263,175.00 263,175.00 - 02/01/2035 1,380,000.00 3.400%263,175.00 1,643,175.00 1,906,350.00 08/01/2035 --239,715.00 239,715.00 - 02/01/2036 1,430,000.00 3.550%239,715.00 1,669,715.00 1,909,430.00 08/01/2036 --214,332.50 214,332.50 - 02/01/2037 885,000.00 3.650%214,332.50 1,099,332.50 1,313,665.00 08/01/2037 --198,181.25 198,181.25 - 02/01/2038 920,000.00 3.750%198,181.25 1,118,181.25 1,316,362.50 08/01/2038 --180,931.25 180,931.25 - 02/01/2039 950,000.00 3.850%180,931.25 1,130,931.25 1,311,862.50 08/01/2039 --162,643.75 162,643.75 - 02/01/2040 990,000.00 3.950%162,643.75 1,152,643.75 1,315,287.50 08/01/2040 --143,091.25 143,091.25 - 02/01/2041 1,030,000.00 4.050%143,091.25 1,173,091.25 1,316,182.50 08/01/2041 --122,233.75 122,233.75 - 02/01/2042 1,070,000.00 4.100%122,233.75 1,192,233.75 1,314,467.50 08/01/2042 --100,298.75 100,298.75 - 02/01/2043 1,115,000.00 4.150%100,298.75 1,215,298.75 1,315,597.50 08/01/2043 --77,162.50 77,162.50 - 02/01/2044 1,160,000.00 4.200%77,162.50 1,237,162.50 1,314,325.00 08/01/2044 --52,802.50 52,802.50 - 02/01/2045 1,210,000.00 4.250%52,802.50 1,262,802.50 1,315,605.00 08/01/2045 --27,090.00 27,090.00 - 02/01/2046 1,260,000.00 4.300%27,090.00 1,287,090.00 1,314,180.00 Total $23,025,000.00 -$9,849,542.92 $32,874,542.92 - Yield Statistics Bond Year Dollars $257,378.13 Average Life 11.178 Years Average Coupon 3.8268765% Net Interest Cost (NIC)3.8984443% True Interest Cost (TIC)3.8800459% Bond Yield for Arbitrage Purposes 3.7877652% All Inclusive Cost (AIC)3.9391317% IRS Form 8038 Net Interest Cost 3.8268765% Weighted Average Maturity 11.178 Years Optional Redemption 02/01/2033 @100.000% Page 167 of 237 Northland Securities, Inc. Page 7 Street Reconstruction Portion Date Principal Coupon Interest Total P+I Fiscal Total 04/16/2025 ----- 02/01/2026 --126,708.23 126,708.23 126,708.23 08/01/2026 --80,026.25 80,026.25 - 02/01/2027 435,000.00 3.000%80,026.25 515,026.25 595,052.50 08/01/2027 --73,501.25 73,501.25 - 02/01/2028 445,000.00 3.050%73,501.25 518,501.25 592,002.50 08/01/2028 --66,715.00 66,715.00 - 02/01/2029 460,000.00 3.050%66,715.00 526,715.00 593,430.00 08/01/2029 --59,700.00 59,700.00 - 02/01/2030 475,000.00 3.100%59,700.00 534,700.00 594,400.00 08/01/2030 --52,337.50 52,337.50 - 02/01/2031 490,000.00 3.100%52,337.50 542,337.50 594,675.00 08/01/2031 --44,742.50 44,742.50 - 02/01/2032 505,000.00 3.150%44,742.50 549,742.50 594,485.00 08/01/2032 --36,788.75 36,788.75 - 02/01/2033 520,000.00 3.200%36,788.75 556,788.75 593,577.50 08/01/2033 --28,468.75 28,468.75 - 02/01/2034 535,000.00 3.300%28,468.75 563,468.75 591,937.50 08/01/2034 --19,641.25 19,641.25 - 02/01/2035 555,000.00 3.400%19,641.25 574,641.25 594,282.50 08/01/2035 --10,206.25 10,206.25 - 02/01/2036 575,000.00 3.550%10,206.25 585,206.25 595,412.50 Total $4,995,000.00 -$1,070,963.23 $6,065,963.23 - Page 168 of 237 Northland Securities, Inc. Page 8 CIP Portion Date Principal Coupon Interest Total P+I Fiscal Total 04/16/2025 ----- 02/01/2026 --528,087.19 528,087.19 528,087.19 08/01/2026 --333,528.75 333,528.75 - 02/01/2027 645,000.00 3.000%333,528.75 978,528.75 1,312,057.50 08/01/2027 --323,853.75 323,853.75 - 02/01/2028 665,000.00 3.050%323,853.75 988,853.75 1,312,707.50 08/01/2028 --313,712.50 313,712.50 - 02/01/2029 685,000.00 3.050%313,712.50 998,712.50 1,312,425.00 08/01/2029 --303,266.25 303,266.25 - 02/01/2030 710,000.00 3.100%303,266.25 1,013,266.25 1,316,532.50 08/01/2030 --292,261.25 292,261.25 - 02/01/2031 730,000.00 3.100%292,261.25 1,022,261.25 1,314,522.50 08/01/2031 --280,946.25 280,946.25 - 02/01/2032 750,000.00 3.150%280,946.25 1,030,946.25 1,311,892.50 08/01/2032 --269,133.75 269,133.75 - 02/01/2033 775,000.00 3.200%269,133.75 1,044,133.75 1,313,267.50 08/01/2033 --256,733.75 256,733.75 - 02/01/2034 800,000.00 3.300%256,733.75 1,056,733.75 1,313,467.50 08/01/2034 --243,533.75 243,533.75 - 02/01/2035 825,000.00 3.400%243,533.75 1,068,533.75 1,312,067.50 08/01/2035 --229,508.75 229,508.75 - 02/01/2036 855,000.00 3.550%229,508.75 1,084,508.75 1,314,017.50 08/01/2036 --214,332.50 214,332.50 - 02/01/2037 885,000.00 3.650%214,332.50 1,099,332.50 1,313,665.00 08/01/2037 --198,181.25 198,181.25 - 02/01/2038 920,000.00 3.750%198,181.25 1,118,181.25 1,316,362.50 08/01/2038 --180,931.25 180,931.25 - 02/01/2039 950,000.00 3.850%180,931.25 1,130,931.25 1,311,862.50 08/01/2039 --162,643.75 162,643.75 - 02/01/2040 990,000.00 3.950%162,643.75 1,152,643.75 1,315,287.50 08/01/2040 --143,091.25 143,091.25 - 02/01/2041 1,030,000.00 4.050%143,091.25 1,173,091.25 1,316,182.50 08/01/2041 --122,233.75 122,233.75 - 02/01/2042 1,070,000.00 4.100%122,233.75 1,192,233.75 1,314,467.50 08/01/2042 --100,298.75 100,298.75 - 02/01/2043 1,115,000.00 4.150%100,298.75 1,215,298.75 1,315,597.50 08/01/2043 --77,162.50 77,162.50 - 02/01/2044 1,160,000.00 4.200%77,162.50 1,237,162.50 1,314,325.00 08/01/2044 --52,802.50 52,802.50 - 02/01/2045 1,210,000.00 4.250%52,802.50 1,262,802.50 1,315,605.00 08/01/2045 --27,090.00 27,090.00 - 02/01/2046 1,260,000.00 4.300%27,090.00 1,287,090.00 1,314,180.00 Total $18,030,000.00 -$8,778,579.69 $26,808,579.69 - Page 169 of 237 Northland Securities, Inc. Page 9 Attachment 2 – Estimated Levy Schedules Street Reconstruction Portion CIP Portion Date Total P+I CIF 105% Levy Levy Year Collection Year 02/01/2026 126,708.23 (126,708.23)- 02/01/2027 595,052.50 -624,805.13 2025 2026 02/01/2028 592,002.50 -621,602.63 2026 2027 02/01/2029 593,430.00 -623,101.50 2027 2028 02/01/2030 594,400.00 -624,120.00 2028 2029 02/01/2031 594,675.00 -624,408.75 2029 2030 02/01/2032 594,485.00 -624,209.25 2030 2031 02/01/2033 593,577.50 -623,256.38 2031 2032 02/01/2034 591,937.50 -621,534.38 2032 2033 02/01/2035 594,282.50 -623,996.63 2033 2034 02/01/2036 595,412.50 -625,183.13 2034 2035 Total $6,065,963.23 (126,708.23)$6,236,217.75 Date Total P+I CIF 105% Levy Less: Franchise Fee Net Levy Levy Year Collection Year 02/01/2026 528,087.19 (528,087.19)--- 02/01/2027 1,312,057.50 -1,377,660.38 1,377,660.38 -2025 2026 02/01/2028 1,312,707.50 -1,378,342.88 1,378,342.88 -2026 2027 02/01/2029 1,312,425.00 -1,378,046.25 1,378,046.25 -2027 2028 02/01/2030 1,316,532.50 -1,382,359.13 1,382,359.13 -2028 2029 02/01/2031 1,314,522.50 -1,380,248.63 1,380,248.63 -2029 2030 02/01/2032 1,311,892.50 -1,377,487.13 1,377,487.13 -2030 2031 02/01/2033 1,313,267.50 -1,378,930.88 1,378,930.88 -2031 2032 02/01/2034 1,313,467.50 -1,379,140.88 1,379,140.88 -2032 2033 02/01/2035 1,312,067.50 -1,377,670.88 1,377,670.88 -2033 2034 02/01/2036 1,314,017.50 -1,379,718.38 1,379,718.38 -2034 2035 02/01/2037 1,313,665.00 -1,379,348.25 1,379,348.25 -2035 2036 02/01/2038 1,316,362.50 -1,382,180.63 1,382,180.63 -2036 2037 02/01/2039 1,311,862.50 -1,377,455.63 1,377,455.63 -2037 2038 02/01/2040 1,315,287.50 -1,381,051.88 1,381,051.88 -2038 2039 02/01/2041 1,316,182.50 -1,381,991.63 1,381,991.63 -2039 2040 02/01/2042 1,314,467.50 -1,380,190.88 1,380,190.88 -2040 2041 02/01/2043 1,315,597.50 -1,381,377.38 1,381,377.38 -2041 2042 02/01/2044 1,314,325.00 -1,380,041.25 1,380,041.25 -2042 2043 02/01/2045 1,315,605.00 -1,381,385.25 1,381,385.25 -2043 2044 02/01/2046 1,314,180.00 -1,379,889.00 1,379,889.00 -2044 2045 Total $26,808,579.69 (528,087.19)$27,594,517.13 $27,594,517.13 - *The City anticipates using revenues from franchise fees to eliminate the levy. Page 170 of 237 Northland Securities, Inc. Page 10 Attachment 3 – Related Considerations Not Bank Qualified The par amount of the Bonds is greater than $10,000,000; therefore, the Bonds will not be designated as “bank qualified” obligations pursuant to Federal Tax Law. Arbitrage Compliance Project/Construction Fund. All tax-exempt bond issues are subject to federal rebate requirements which require all arbitrage earned to be rebated to the U.S. Treasury. The rebate exemption the City expects to qualify for is the “24-month exception.” Debt Service Fund. The City must maintain a bona fide debt service fund for the Bonds or be subject to yield restriction in the debt service fund. A bona fide debt service fund involves an equal matching of revenues to debt service expense with a balance forward permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. The City should become familiar with the various Arbitrage Compliance requirements for this bond issue. The Resolution for the Bonds prepared by Bond Counsel explains the requirements in greater detail. Continuing Disclosure Type: Full Dissemination Agent: Northland Securities, Inc. The requirements for continuing disclosure are governed by SEC Rule 15c2-12. The primary requirements of Rule 15c2-12 actually fall on underwriters. The Rule sets forth due diligence needed prior to the underwriter’s purchase of municipal securities. Part of this requirement is obtaining commitment from the issuer to provide continuing disclosure. The document describing the continuing disclosure commitments (the “Undertaking”) is contained in the Official Statement that will be prepared to offer the Bonds to investors. The City has more than $10,000,000 of outstanding debt and is required to undertake “full” continuing disclosure. Full disclosure requires annual posting of the audit and a separate continuing disclosure report, as well as the reporting of certain “material events.” Material events set forth in the Rule, including, but not limited to, bond rating changes, call notices, and issuance of “financial obligations” (such as USDA loans, Public Finance Authority loans and lease agreements) must be reported within ten days of occurrence. The report contains annual financial information and operating data that “mirrors” material information presented in the Official Statement. The specific contents of the annual report will be described in the Undertaking that appears in the appendix of the Official Statement. Northland currently serves as dissemination agent for the City, assisting with the annual reporting. The information for the Bonds will be incorporated into our reporting. Premiums In the current market environment, it is likely that bids received from underwriters will include premiums. A premium bid occurs when the purchaser pays the City an amount in excess of the par amount of a maturity in exchange for a higher coupon (interest rate). The use of premiums reflects the bidder’s view on future market conditions, tax considerations for investors and other Page 171 of 237 Northland Securities, Inc. Page 11 factors. Ultimately, the true interest cost (“TIC”) calculation will determine the lowest bid, regardless of premium. A premium bid produces additional funds that can be used in several ways: • The premium means that the City needs less bond proceeds and can reduce the size of the issue by the amount of the premium. • The premium can be deposited in the Construction Fund and used to pay additional project costs, rather than used to reduce the size of the issue. • The premium can be deposited in the Debt Service Fund and used to pay principal and interest. Northland will work with City staff prior to the sale day to determine use of premium (if any). Rating A rating will be requested from Moody’s Investor Services (Moody’s). The City’s general obligation debt is currently rated “Aaa” by Moody’s. The rating process will include a conference call with the rating analyst. Northland will assist City staff in preparing for and conducting the rating call. Page 172 of 237 Northland Securities, Inc. Page 12 Attachment 4 – Calendar of Events The following checklist of items denotes each milestone activity as well as the members of the finance team who will have the responsibility to complete it. Please note this proposed timetable assumes regularly scheduled City Council meetings. Date Action Responsible Party January 6, 2025 General Information Certificate sent to City for updates Northland January 16, 2025 City provides project costs to be included in Finance Plan no later than noon City Staff January 21, 2025 Finance Plan sent to City for meeting packet for January 27 Workshop Meeting Northland January 22, 2025 General Information Certificate returned to Northland City Staff January 27, 2025 City Council Workshop to review proposed issuance of 2024A Bonds – 6:00 pm City Council Review February 3, 2025 Preliminary Official Statement sent to City for sign off, sent to Rating Agency to initiate rating processes, and sent to Dorsey & Whitney for review Northland Week of February 10 Meeting to prepare for rating call City Staff, Northland Week of February 17 or February 24, 2025 Rating call with Moody’s City Staff, Northland, Rating Agency February 18, 2025 City adopts Set Sale Resolution – 6:00 p.m. City Council Action, Northland, Dorsey & Whitney January 2025 February 2025 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 1 5 6 7 8 9 10 11 2 3 4 5 6 7 8 12 13 14 15 16 17 18 9 10 11 12 13 14 15 19 20 21 22 23 24 25 16 17 18 19 20 21 22 26 27 28 29 30 31 23 24 25 26 27 28 March 2025 April 2025 Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat 1 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 30 31 Holiday Page 173 of 237 Northland Securities, Inc. Page 13 Date Action Responsible Party February 19, 2025 City comments and sign off on Preliminary Official Statement due to Northland City confirms final project costs to be financed City Staff March 3, 2025 Rating Received no later than this date City Staff, Northland, Rating Agency March 5, 2025 Distribution of Preliminary Official Statement Northland March 10, 2025 Authorizing Resolution sent to City Dorsey & Whitney, Northland March 17, 2025 Bond Sale – 10:00 a.m. Bond Purchase Agreement Signed - 6:00 p.m. Authorizing Resolution Adopted City Council Action, Northland, Dorsey & Whitney March 26, 2025 Closing Documents Distributed Dorsey & Whitney April 16, 2025 Closing on the Bonds (Proceeds Available) Northland, City Staff, Dorsey & Whitney Page 174 of 237 Northland Securities, Inc. Page 14 Attachment 5 - Risk Factors Property Taxes: Property tax levies shown in this Finance Plan are based on projected debt service and other revenues. Final levies will be set based on the results of sale. Levies should be reviewed annually and adjusted as needed. The debt service levy must be included in the preliminary levy for annual Truth in Taxation hearings. Future Legislative changes in the property tax system, including the imposition of levy limits and changes in calculation of property values, would affect plans for payment of debt service. Delinquent payment of property taxes would reduce revenues available to pay debt service. General: In addition to the risks described above, there are certain general risks associated with the issuance of bonds. These risks include, but are not limited to: • Failure to comply with covenants in bond resolution. • Failure to comply with Undertaking for continuing disclosure. • Failure to comply with IRS regulations, including regulations related to use of the proceeds and arbitrage/rebate. The IRS regulations govern the ability of the City to issue its bonds as tax-exempt securities and failure to comply with the IRS regulations may lead to loss of tax- exemption. Page 175 of 237 Date: 2/18/2025 Resolution Amending Lakeville Fire Relief Association Bylaws Relating to Pension Vesting Schedules and Board Appointed Trustee Compensation and Repealing Resolution No. 25-017 Proposed Action Staff recommends adoption of the following motion: Move to approve the Resolution Amending Lakeville Fire Relief Association Bylaws relating to Pension Vesting Schedules and board- appointed Trustee compensation and repealing Resolution No. 25-017. Overview The Lakeville Fire Relief Association presented information and a preliminary request for pension vesting schedule changes and board members compensation to the City Council at the January 27, 2025 work session. The request was reviewed and discussed by the City Council and Council members informally concurred with the 2025 changes. Per the Office of the State Auditor, the City Council is required to ratify each incremental benefit level and/or vesting changes before they become effective. The City Council is also required by MN Statute to approve the salary amounts of any relief association trustees other than the four officers. Even though the City Council is not required to approve the salaries of the four officers, they were made aware of the amounts changing for those positions as follows: Relief Board Officer Current Annual Pay Amended Annual Pay President $1,000 $2,000 Vice President $1,000 $2,000 Treasurer $3,000 $3,000 Secretary $3,000 $3,000 Board-Appointed Trustee(s) $ 0 $1,000 The Fire Relief board discovered the vesting percentages in the adopted February 3, 2025 City Council Resolution did not follow MN Statute 424A.02. The maximum vesting percentage at the five-year mark is 40%. The attached revised resolution addresses the corrected pension vesting schedules and board-appointed Trustee members compensation for 2025. Supporting Information 1. Resolution Approving Fire Relief Bylaw Amendments Page 176 of 237 Financial Impact: $ 0 Budgeted: No Source: Lakeville Fire Relief Association Special Fund Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Julie Stahl, Finance Director Page 177 of 237 1 234750v1 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION AMENDING LAKEVILLE FIRE RELIEF ASSOCIATION BYLAWS RELATING TO PENSION VESTING SCHEDULES AND BOARD APPOINTED TRUSTEE COMPENSATION AND REPEALING RESOLUTION NO. 25-017 WHEREAS, the Bylaws of the Lakeville Fire Relief Association (“Bylaws”) provide for a Defined Benefit Lump Sum Retirement Plan for volunteer firefighters that are eligible under the vesting schedule. WHEREAS, the original effective date of the Plan was October 11, 1943. WHEREAS, by Resolution No. 25-017, the City Council approved amendments to the Lakeville Fire Relief Association bylaws relating to pension vesting schedules and board compensation; WHEREAS, Resolution No. 25-017 contained errors in the amended vesting schedule and the Council desires to repeal Resolution No. 25-017; WHEREAS, the Council desires to amend the Bylaws as provided in Exhibit A attached hereto; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota as follows: 1. Resolution 25-017 adopted on February 3rd, 2025 is hereby Repealed, and 2. The Lakeville Fire Relief Association's Bylaws are hereby amended as provided in Exhibit A. ADOPTED by the Lakeville City Council this 18th day of February 2025. ___________________________ Luke M. Hellier, Mayor _________________________ Ann Orlofsky Page 178 of 237 2 234750v1 EXHIBIT A AMENDMENTS TO FIRE RELIEF ASSOCIATION BYLAWS 1. Amendment of Article 5 of the Bylaws. Article 5 of the Bylaws is amended to add a new Section 5.3 to read as follows: 5.3 Compensation. Trustees of the Association identified in Appendix D to the Bylaws may be paid a salary out of the Special Fund. The amount paid in salary is limited to the amount listed in Appendix D. Only after the amounts listed in Appendix D have been approved by the city council may salaries be paid to non-Officer Trustees. For all Trustees, itemized expenses eligible for reimbursement are limited to those expenses incurred as a result of fulfilling responsibilities as administrators of the Special Fund. 2. Amendment to Appendix B, Article 3 of the Bylaws. Section 3.1 of Exhibit B Bylaws is is amended to read in its entirety as follows: 3.1. Full Vesting of Accrued Benefits. A Participant shall have a fully vested and non- forfeitable interest in the Participant’s Accrued Benefit upon completion of 15 Years of Active Service. 3. Amendment to Appendix B, Article 3 of the Bylaws. Section 3.2 of Exhibit B of the Bylaws is amended in its entirety to read as follows: 3.2 Partial Vesting of Accrued Benefit The following vesting schedule shall apply to Participant with fewer than 15 Years of Active Service: Years of Active Service Amended Vesting % 5 40% 6 46% 7 52% 8 58% 9 64% 10 70% 11 76% 12 82% 13 88% 14 94% 15 100% Page 179 of 237 3 234750v1 4. Amendment to Appendix D of the Bylaws. Appendix D to the Bylaws is amended to read as follows: APPENDIX D TRUSTEE COMPENSATION Eligible Trustees Annual Compensation Board Appointed Trustees $1,000 Page 180 of 237 Date: 2/18/2025 Resolution Awarding Professional Services Agreement to Twin Cities Abatement Technologies for Abatement Activities at the FiRST Center Proposed Action Staff recommends adoption of the following motion: Move to approve resolution awarding a professional services agreement to Twin Cities Abatement Technologies for abatement activities at 7777 214th Street (site of future FiRST Center), City Project 25-12. Overview The City Council approved a professional services agreement with Leo A. Daly Architects for architectural services to develop plans for the FiRST Center on November 6, 2023. In support of facilitating site redevelopment, WSB inspected the existing building located at 7777 214th Street and developed an Asbestos and Regulated Materials Survey. The report identified the presence of asbestos containing and/or regulated materials. To assist in advancing the FiRST Center project, the asbestos containing and/or regulated materials must be properly removed and/or disposed of prior to demolition activities. The City received four quotes for abatement activities related to City Project 25-12 ranging from a low quote of $18,750 submitted by Twin Cities Abatement Technologies to a high quote of $29,300. The professional services agreement includes the project responsibilities, scope of services and cost to complete the abatement. Supporting Information 1. 20225.02.18 Resolution_Award of Professional Services Agreement 2. Professional Services Agreement TCAT 3. 2025.02.10 TCAT Quote Financial Impact: $18,750 Budgeted: Yes Source: Building Fund (Reimbursed by State Funds) Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Zach Johnson, City Engineer Page 181 of 237 CITY OF LAKEVILLE RESOLUTION NO. 25- Resolution Awarding Professional Services Agreement to Twin Cities Abatement Technologies for Abatement Activities at 7777 214th Street (site of future FiRST Center) City Project 25-12 WHEREAS, the City of Lakeville received quotes for the abatement of asbestos containing and/or regulated materials to the existing building located 7777 214th Street (site of future FiRST Center), City Project 25-12; and WHEREAS, the lowest responsible quote was from Twin Cities Abatement Technologies. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lakeville, Minnesota: Hereby awards the contract to the lowest responsible quoter that meets all the quote requirements, Twin Cities Abatement Technologies, with a quote in the amount of $18,750.00. The work is proposed to be completed as specified in the contract documents. ADOPTED by the Lakeville City Council this 18th day of February 2025. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 182 of 237 1 234785v1 PROFESSIONAL SERVICES AGREEMENT AGREEMENT made this 18th day of February 2025, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and TWIN CITIES ABATEMENT TECHNOLOGIES, INC., a Minnesota corporation ("Consultant"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1. CONTRACT DOCUMENTS. The Contract consists of the following documents. In the event of conflict among the documents, the conflict shall be resolved by the order in which they are listed, with the document listed first having the first priority and the document listed last having the last priority: A. This Professional Services Agreement; B. City’s Request for Proposals dated January 28, 2025; C. City’s Plans and Specifications for Asbestos Abatement dated December 30, 2024; and D. Consultant’s Proposal for 7777 214th Street (“Proposal”). In the event of conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “D” has the last priority. 2. SCOPE OF SERVICES. The City retains Consultant to remove and dispose of asbestos containing materials listed in the WSB Asbestos and Regulated Materials Survey dated April 30, 2024 and the WSB Limited Asbestos Inspection Report February 12, 2025 (“Reports”). Consultant acknowledges receipt of the Reports. Consultant agrees to complete the services under this Agreement substantially within the time frames identified in the Proposal with a final completion date of March 19, 2025. 3. COMPENSATION. Consultant shall be paid Eighteen Thousand Seven Hundred Fifty and no/100 Dollars ($18,750.00) by the City, which fee is inclusive of reimbursables, expenses, taxes and other charges. The fee shall not be adjusted if the estimated hours to perform a task, the number of estimated required meetings or any other estimate or assumption are exceeded. Consultant shall be paid upon full completion of the work required herein. The City will normally pay an invoice within 35 days of receipt. 4. CHANGE ORDERS. All change orders, regardless of amount, must be approved in advance and in writing by the City. No payment will be due or made for work done in advance of such approval. Page 183 of 237 2 234785v1 5. DOCUMENTS. 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. The City shall be the copyright owner. The vesting of the City’s ownership of the copyright in materials created by the Consultant shall be contingent upon the City’s fulfillment of its payment obligations hereunder. The Consultant shall be allowed to use a description of the services provided hereunder, including the name of the City, and photographs or renderings of any projects which develop from the planning or other services provided by the Consultant, in the normal course of its marketing activities. 6. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 7. STANDARD OF CARE. Consultant shall exercise the same degrees of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a professional consultant under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Consultant’s services. 8. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein and further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising hereunder. 9. INSURANCE. Prior to the start of the project, Consultant shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Consultant 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 Consultant 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 Consultant or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Page 184 of 237 3 234785v1 Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Except as provided below, Consultant must provide Workers’ Compensation insurance for all its employees and, in case any work is subcontracted, Consultant will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Insurance minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident If Minnesota Statute 176.041 exempts Consultant from Workers’ Compensation insurance or if the Consultant has no employees in the City, Consultant must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Consultant from the Minnesota Workers’ Compensation requirements. If during the course of the contract the Consultant becomes eligible for Workers’ Compensation, the Consultant must comply with the Workers’ Compensation insurance requirements herein and provide the City with a certificate of insurance. Professional/Technical (Errors and Omissions) Liability Insurance This policy will provide coverage for all claims the Consultant may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Consultant’s professional services required under the contract. Consultant is required to carry the following minimum limits: $1,000,000 – per claim or event $2,000,000 – annual aggregate Any deductible will be the sole responsibility of the Consultant and may not exceed $50,000 without the written approval of the City. If the Consultant desires authority from the City to have a deductible in a higher amount, the Consultant shall so request in writing, specifying the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the City can ascertain the ability of the Consultant to cover the deductible from its own resources. The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Consultant shall maintain such insurance for a period of at least three (3) years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by Consultant to fulfill this requirement. Page 185 of 237 4 234785v1 The Consultant’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Consultant’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 Consultant’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 10. INDEPENDENT CONTRACTOR. The City hereby retains Consultant as an independent contractor upon the terms and conditions set forth in this Agreement. Consultant is not an employee of the City and is free to contract with other entities as provided herein. Consultant shall be responsible for selecting the means and methods of performing the work. Consultant shall furnish any and all supplies, equipment, and incidentals necessary for Consultant's performance under this Agreement. City and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any of Consultant's agents or employees are in any manner agents or employees of the City. Consultant shall be exclusively responsible under this Agreement for Consultant's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 11. SUBCONTRACTORS. With the exception of the individuals identified in the Proposal, Consultant shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Consultant shall comply with Minnesota Statutes §471.425. Consultant must pay subcontractors for all undisputed services provided by subcontractors within ten (10) days of Consultant’s receipt of payment from City. Consultant must pay interest of one and five-tenths (1.5%) percent per month or any part of a month to subcontractors on any undisputed amount not paid on time to subcontractors. The minimum monthly interest penalty payment for an unpaid balance of One Hundred Dollars ($100.00) or more is Ten Dollars ($10.00). 12. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 13. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. Page 186 of 237 5 234785v1 14. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 15. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. 16. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 17. PATENTED DEVICES, MATERIALS AND PROCESES. If the contract requires, or Consultant desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, Consultant 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 City. If no such agreement is made or filed as noted, Consultant shall indemnify and hold harmless the City 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 services agreed to be performed under the contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees that result from any such infringement. 18. RECORDS. Consultant shall maintain complete and accurate records of time and expense involved in the performance of services. 19. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc. given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept confidential, shall not be made available to any individual or organization without the City’s prior written approval. The books, records, documents and accounting procedures and practices of the Consultant or other parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created, collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the functions of the City during performance of this Agreement is subject to the requirements of the Data Practice Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance language. Page 187 of 237 6 234785v1 20. NON-DISCRIMINATION. The Consultant agrees during the life of this Agreement not to discriminate against any employee, application for employment, or other individual because of race, color, sex, age, creed, national origin, sexual preference, or any other basis prohibited by federal, state, or local law. The Consultant will include a similar provision in all subcontracts entered into for performance of this Agreement. 21. TERMINATION OF THE AGREEMENT. The City may terminate this Agreement or any part thereof at any time, upon written notice to Consultant, effective upon delivery including delivery by facsimile or email. In such event, Consultant will be entitled to compensation for work performed up to the date of termination based upon a pro rata basis. 22. NOTICES. All notices, demands or requests required or permitted to be made pursuant to or under this Agreement must be in writing and deemed valid if sent by registered mail, return receipt requested, or delivered by overnight delivery service providing written evidence of delivery, or by hand delivery by a reputable independent courier providing written evidence of delivery, addressed as follows: CITY: City of Lakeville 20195 Holyoke Avenue Lakeville MN 55044 Attention: City Administrator CONSULTANT: Twin Cities Abatement Technologies, Inc. 1100 North Concord Street South Saint Paul, MN 55075 Attention: Either party may change the designated recipient of notice by so notifying the other party in writing. [Remainder of page intentionally left blank] [Signature pages to follow] Page 188 of 237 7 234785v1 IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above written. By the signature of its representative below, each party affirms that it has taken all necessary action to authorize said representative to execute the Agreement. CITY OF LAKEVILLE BY: _______________________________________ Luke M. Hellier, Mayor AND Ann Orlofsky, City Clerk TWIN CITIES ABATEMENT TECHNOLOGIES, INC. BY: Print Name:___________________________ ITS: Page 189 of 237 Page 190 of 237 Page 191 of 237 Date: 2/18/2025 Professional Services Agreement for Instrumentation and Control Support Services Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement with Advanced Engineering and Environmental Services, LLC for Instrumentation and Control Services Overview The Utilities Division uses Advanced Engineering and Environmental Services, LLC (AE2S) for programming and troubleshooting the supervisory control and data acquisition (SCADA) program system. This system controls and operates the water treatment plant, wells, towers, and lift stations. The agreement is supplemental to the master agreement for professional services with AE2S. The scope of this agreement is specific to instrumentation and controls programming and troubleshooting and is used on an as needed basis when an issue arises or when new programming or updates are required. Staff recommends approving this supplemental agreement. Supporting Information 1. Agreement Financial Impact: Budgeted: Yes Source: Water Fund/Sewer Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Shane Quade, Utility Superintendent Page 192 of 237 February 6, 2025 Shane Quade Utilities Superintendent City of Lakeville 18400 Ipava Ave Lakeville, MN 55044 RE: 2025 Instrumentation and Control Support Services Dear Mr. Quade: Advanced Engineering and Environmental Services, LLC (AE2S) proposes to render Instrumentation and Control (I&C) Support Services (Assignment) to the City of Lakeville (CLIENT). This scope of work is a Supplemental Agreement as extension of and in accordance with the Master Agreement for Professional Services between the City of Lakeville and AE2S, dated September 20, 2021. Scope of Basic Services AE2S will perform the following tasks: • Supervisory Control and Data Acquisition (SCADA) software programming services as requested by the CLIENT. Programming modifications and troubleshooting for computers, Programmable Logic Controller (PLC), and Human-Machine Interface (HMI) software. • I&C General, Emergency, and Calibration Services o Service for system problems will be scheduled in accordance with the severity of the issue. AE2S will work with the CLIENT to assess the severity and discuss an appropriate timeline for a solution. ▪ Problems that result in the inability for the operation of the facility will be assessed as soon as possible, inside or outside normal business hours. ▪ Non-Emergency problems will be assessed within normal business hours. o Technicians will provide all required tools and computer software to perform Input/Output (I/O) Checkout and Instrumentation Calibrations as needed. o Provide service reports to CLIENT indicating the original problem, the testing procedures used to investigate the problem, the resolution to the problem and the time required to resolve the problem. o If the replacement of equipment is required to resolve the problem, the technician will discuss with the CLIENT and work to procure and replace the equipment under the CLIENT’s direction. Costs of the devices, consumables for installing the devices, or other direct, non- labor expenses are reimbursable and shall be borne by the CLIENT. Limited Equipment Warranty AE2S MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY PRODUCTS MANUFACTURED BY A THIRD PARTY, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) Page 193 of 237 City of Lakeville RE: Supplemental Agreement for I&C Support and Services February 6, 2025 Page 2 WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. AE2S'S SOLE RESPONSIBILITY TO CLIENT WITH RESPECT TO ANY EQUIPMENT OR COMPONENTS AND PARTS MANUFACTURED BY A THIRD PARTY AND INCORPORATED INTO THE EQUIPMENT SHALL BE TO PASS THROUGH TO CLIENT SUCH ORIGINAL EQUIPMENT MANUFACTURER'S AVAILABLE PRODUCT WARRANTY. THE REMEDIES SET FORTH IN THE MANUFACTURER’S TERMS SHALL BE THE CLIENT’S SOLE AND EXCLUSIVE REMEDY AND AE2S’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. Additional Services Services resulting from significant changes in the general scope, extent, or character of the Assignment are not included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide services beyond the scope of this Agreement on an hourly basis in accordance with the Hourly Fee Schedule. Fees AE2S shall render services under this Agreement on an hourly basis in accordance with the Hourly Fee Schedule, attached hereto, plus reimbursement for all project related expenses. Performance Schedule AE2S shall use commercially reasonable efforts to complete Basic Services within a reasonable time period. Acceptance If this Agreement sets forth your understanding of our agreement, including the scope of work desired and fees, please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to assist in this project and we look forward to working with you. Sincerely, Anthony Pittman Lead Instrumentation & Controls Specialist Page 194 of 237 City of Lakeville RE: Supplemental Agreement for I&C Support and Services February 6, 2025 Page 3 AE2S CLIENT Accepted this _____ day of __________________________, 2025 By: _______________________________ By: ________________________________ Justin Klabo, PE Luke M. Hellier, Mayor Operations Manager And: ________________________________ Ann Orlofsky, City Clerk Page 195 of 237 Exhibit A – Hourly Fee and Expense Schedule Page 1 of 2 Hourly Fee and Expense Schedule Reimbursable Expenses and Standard Hourly rates in effect on the date of the Agreement are set forth below. Rates are subject to annual adjustment effective January 1. Labor Rates Administrative 1 $70.00 Administrative 2 $85.00 Administrative 3 $99.00 Communications Specialist 1 $113.00 Communications Specialist 2 $132.00 Communications Specialist 3 $152.00 Communications Specialist 4 $183.00 Communications Specialist 5 $202.00 Construction Services 1 $135.00 Construction Services 2 $165.00 Construction Services 3 $183.00 Construction Services 4 $203.00 Construction Services 5 $224.00 Engineering Assistant 1 $91.00 Engineering Assistant 2 $107.00 Engineering Assistant 3 $135.00 Engineer 1 $146.00 Engineer 2 $175.00 Engineer 3 $205.00 Engineer 4 $237.00 Engineer 5 $254.00 Engineer 6 $269.00 Engineering Technician 1 $90.00 Engineering Technician 2 $113.00 Engineering Technician 3 $136.00 Engineering Technician 4 $152.00 Engineering Technician 5 $174.00 Financial Analyst 1 $121.00 Financial Analyst 2 $137.00 Financial Analyst 3 $165.00 Financial Analyst 4 $180.00 Financial Analyst 5 $201.00 GIS Specialist 1 $113.00 GIS Specialist 2 $137.00 GIS Specialist 3 $162.00 GIS Specialist 4 $181.00 GIS Specialist 5 $202.00 I&C Assistant 1 $108.00 I&C Assistant 2 $134.00 I&C 1 $160.00 I&C 2 $189.00 I&C 3 $213.00 I&C 4 $226.00 I&C 5 $237.00 IT 1 $140.00 IT 2 $189.00 IT 3 $232.00 Land Surveyor Assistant $103.00 Land Surveyor 1 $124.00 Land Surveyor 2 $150.00 Land Surveyor 3 $169.00 Land Surveyor 4 $186.00 Land Surveyor 5 $205.00 Operations Specialist 1 $108.00 Operations Specialist 2 $135.00 Operations Specialist 3 $167.00 Operations Specialist 4 $191.00 Operations Specialist 5 $214.00 Project Coordinator 1 $125.00 Project Coordinator 2 $140.00 Project Coordinator 3 $156.00 Project Coordinator 4 $172.00 Project Coordinator 5 $194.00 Project Manager 1 $221.00 Project Manager 2 $242.00 Project Manager 3 $259.00 Project Manager 4 $274.00 Project Manager 5 $293.00 Project Manager 6 $307.00 Sr. Designer 1 $192.00 Sr. Designer 2 $213.00 Sr. Designer 3 $229.00 Sr. Financial Analyst 1 $227.00 Sr. Financial Analyst 2 $248.00 Sr. Financial Analyst 3 $269.00 Technical Expert 1 $348.00 Technical Expert 2 Negotiable Page 196 of 237 Exhibit A – Hourly Fee and Expense Schedule Page 2 of 2 Reimbursable Expense Rates Transportation $0.75/mile Survey Vehicle $0.95/mile Laser Printouts/Photocopies $0.30/copy Plotter Printouts $1.00/s.f. UAS - Photo/Video Grade $100.00/day UAS – Survey $50.00/hour Total Station – Robotic $35.00/hour Mapping GPS $25.00/hour Fast Static/RTK GPS $50.00/hour All-Terrain Vehicle/Boat $100.00/day Cellular Modem $75.00/month Web Hosting $26.00/month Legal Services Reimbursement $291.00/hour Outside Services cost * 1.15 Geotechnical Services cost * 1.30 Out of Pocket Expenses cost * 1.15 Rental Car cost * 1.20 Project Specific Equipment Negotiable * Position titles are for labor rate grade purposes only. These rates are subject to adjustment each year on January 1. Page 197 of 237 Date: 2/18/2025 Resolution Approving Charitable Gambling Eastview Hockey Association Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution granting approval to Eastview Hockey Association to conduct lawful gambling at Crystal Lake Golf Club and Event Center. Overview Eastview Hockey Association has applied to the State of Minnesota Gambling Control Board to conduct gambling activities at Crystal Lake Golf Club and Event Center, 16725 Innsbrook Drive. This organization meets the State's qualifications and Lakeville's requirements, with over 10% of its student participants residing in Lakeville. The application requires a resolution of approval by the City Council. 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 198 of 237 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION APPROVING CHARITABLE GAMBLING EASTVIEW HOCKEY ASSOCIATION WHEREAS, the City of Lakeville has received an application from the Eastview Hockey Association to conduct gambling activities at the Crystal Lake Golf Club and Event Center; WHEREAS, the Eastview Hockey Association is a qualified organization, with 10% of its student participants residing in Lakeville; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeville grants the Eastview Hockey Association approval to conduct gambling activities at the Crystal Lake Golf Club and Event Center. ADOPTED by the Lakeville City Council on the 18th day of February 2025. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 199 of 237 Date: 2/18/2025 Consider a Preliminary Plat for Airlake DEA Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution for the preliminary plat of Airlake DEA Overview Hat Trick Investments and Dakota Electric Association (DEA) representatives have submitted a preliminary plat for Airlake DEA. The proposed plat includes two parcels of land totaling 115.57 acres. The plat consists of two outlots and the dedication of right-of-way for the future extension of 222nd Street. The property is located east of Cedar Avenue (CSAH 23) and north of 225th Street. The subject property was annexed into the City in 2021. The property is zoned I-2, General Industrial District and guided Industrial in the 2040 Comprehensive Plan. The proposed preliminary plat meets the recommended goals and objectives of the zoning code and comprehensive plan. Dakota Electric Association has committed to developing Outlot B of the proposed plat. Development of an outlot would require replatting of the parcel; this subsequent process requires a public hearing and review by the Planning Commission and City Council. The Planning Commission held a public hearing on the Airlake DEA preliminary plat at the January 23, 2025 meeting and unanimously recommended approval. There was no public comment. Supporting Information 1. Resolution - Preliminary Plat 2. 01-23-25 Planning Commission Minutes 3. Staff Reports and Exhibits Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Heather Botten, Senior Planner Page 200 of 237 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 25-____ RESOLUTION APPROVING THE PRELIMINARY PLAT OF AIRLAKE DEA WHEREAS, Hat Trick Investments, LLC requests approval of the preliminary plat of a two outlot subdivision to be known as Airlake DEA; and WHEREAS, the Planning Commission held a public hearing at its January 23, 2025 meeting, preceded by notice as required by the Subdivision Ordinance, and unanimously recommended approval; and WHEREAS, the preliminary plat meets Subdivision Ordinance requirements; and WHEREAS, the preliminary plat is acceptable to the City. NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: The Airlake DEA preliminary plat is approved subject to the following conditions: 1. Implementation of the recommendations listed in the engineering report dated January 16, 2025 and any subsequent correspondence. 2. The final plat shall be in substantial conformance with the preliminary plans on file with the Community Development Department except as may be modified by the conditions herein. 3. A development contract and related agreements shall be approved by the City Council with the approval of the final plat. ADOPTED by the Lakeville City Council this 18th day of February 2025. CITY OF LAKEVILLE Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk Page 201 of 237 CITY OF LAKEVILLE. PLANNING COMMISSION MEETING MINUTES: Item 6. Airlake DEA January 23, 2025 Members Present: Chair Jenna Majorowicz, Vice Chair Christine Zimmer, Scott Einck, Pat Kaluza, Jason Swenson, Amanda Tinsley, Patty Zuzek, Ex-Officio Jeff Hanson. Members Absent: None Staff Present: Tina Goodroad, Community Development Director; Kris Jenson, Planning Manager; Heather Botten, Senior Planner; Jon Nelson, Assistant City Engineer 6. Airlake DEA Chair Majorowicz opened the public hearing to consider the application of Hat Trick Investments, LLC and Dakota Electric Association for a preliminary and final plat for a two outlot subdivision to be known as Airlake DEA, located east of Cedar Avenue (CSAH 23) and north of 225th Street. Jeff Schoenecker, Dakota Electric Association presented a brief overview of the request. Senior Planner Heather Botten presented the staff report. Ms. Botten stated the proposed plat includes two parcels of land totaling 115.57 acres. The plat consists of two outlots and the dedication of right-of-way for the extension of 222nd Street. The property is located east of Cedar Avenue (CSAH 23) and north of 225th Street. The subject property was annexed into the City in 2021. The property is guided Industrial in Comprehensive Land Use Plan and zoned I-2, General Industrial. The proposed outlots meet the minimum lot size and width requirements for future development in the I-2 district. The proposed preliminary plat meets the recommended goals and objectives of the zoning code and comprehensive plan. Staff recommends approval of the preliminary plat with the three stipulations listed in the staff report. Chair Majorowicz opened the hearing to the public for comment. The following public comments were received: •Sean Regan, Hat Trick Investments, expressed his excitement to work with Dakota Electric Association on this opportunity for their new campus. Motion was made by Zimmer, seconded by Einck to close the public hearing at 6:18 p.m. Voice vote was taken on the motion. Ayes – unanimous The Planning Commission had no questions or comments about the preliminary plat. Motion was made by Kaluza, seconded by Einck to recommend to City Council approval of the Airlake DEA preliminary plat, subject to the stipulations listed below: 1. Implementation of the recommendations listed in the engineering report dated January 16, 2025 and any subsequent correspondence. Page 202 of 237 Planning Commission Meeting Minutes, January 23, 2025 Page 2 2. The final plat shall be in substantial conformance with the preliminary plans on file with the Community Development Department except as may be modified by the conditions herein. 3. A development contract and related agreements shall be approved by the City Council with the approval of the final plat. Ayes: Tinsley, Kaluza, Majorowicz, Zimmer, Einck, Swenson, Zuzek, Nays: 0 Respectfully submitted, Tina Goodroad, Community Development Director Page 203 of 237 1 City of Lakeville Community Development Dept Memorandum To: Planning Commission From: Heather Botten, Senior Planner Date: January 16, 2025 Subject: Packet Material for the January 23, 2025 Planning Commission Meeting Agenda Item: Preliminary Plat to be known as Airlake DEA Action Deadline: April 9, 2025 BACKGROUND Dakota Electric Association (DEA) and Hat Trick Investments representatives have submitted a preliminary plat for Airlake DEA. The proposed plat includes two parcels of land totaling 115.57 acres. The plat consists of two outlots and the dedication of right-of-way for the extension of 222nd Street. The property is located east of Cedar Avenue (CSAH 23) and north of 225th Street. The subject property was annexed into the City in 2021. The proposed properties are under the current ownership of Hat Trick Investments, a company related to Launch Properties. DEA has committed to developing Outlot B of the proposed plat. Development of an outlot would require replatting of the parcel; this subsequent process requires a public hearing and review by the Planning Commission. The preliminary plat plans have been reviewed by the Engineering Division and the Parks and Recreation Department. The following exhibits are attached for your information: EXHIBITS A. Location Map B. Zoning Map C. Preliminary Plat Page 204 of 237 2 Zoning and Surrounding Uses. The property is zoned I-2, General Industrial District. The proposed project is surrounded by the following existing or planned land uses: Direction Existing Use Land Use Plan Zoning North Undeveloped Agricultural Property Outside City Limits. Farmington Comprehensive Plan guides for agricultural use Agriculture per Farmington Zoning Map South Bachman’s Growing Fields Outside City Limits. Eureka Township Comprehensive Plan guides for agricultural use Agriculture per Eureka Township Zoning Map East Eureka Township Agricultural Use Property Outside City Limits. Eureka Township Comprehensive Plan guides for agricultural use Agriculture per Eureka Township Zoning Map West Hat Trick and Metropolitan Airports Commission Property Industrial and Outside City Limits. Eureka Township Comprehensive Plan guides for agricultural use I-2, General Industrial and Agriculture per Eureka Township Zoning Map PLANNING A NALYSIS P RELIMINARY PLAT Zoning and Comprehensive Plan consistency. The property is currently guided Industrial and located in Planning District No. 6 of the Comprehensive Land Use Plan. The property is in the current Metropolitan Urban Service Area (MUSA) which means that City municipal services, including sanitary sewer service, are available to serve the property. The property is zoned I-2, General Industrial. The proposed outlots meet the minimum lot size and width requirements for future development in the I-2 district. The proposed preliminary plat meets the recommended goals and objectives of the zoning code and comprehensive plan. Existing Site Conditions. The site is currently undeveloped; historically used for agricultural production of row crops. Lot/Block/Outlot. The preliminary plat of Airlake DEA consists of two outlots and right-of-way for 222nd Street. The lots proposed with the preliminary plat exceed the minimum lot area and lot width requirements for the I-2, General Industrial District. Page 205 of 237 3 Preliminary Plat Lots Lot Area and Lot Width Requirements Outlot A Outlot B 1 Acre 31.39 acres 78.20 acres 100 feet 2,000+ feet 2,000+ feet Streets. The plat of Airlake DEA includes the dedication of right-of-way and construction of 222nd Street up to the east boundary of the plat, which is also the municipal boundary. 222nd Street is a local rural industrial street constructed as a 40-foot-wide paved section within an 80-foot right of way. 225th Street is an unpaved road that runs along the southern portion of the plat that will provide a secondary access point to Outlot B. Eureka township owns and maintains 225th Street. There are no current plans to improve the road. Grading, Drainage and Utilities. City sanitary sewer and water is currently available to the site, located west of the property. The existing and planned future City sanitary sewer and water systems available to serve the area of the preliminary plat are adequate to accommodate the build- out of future industrial building(s) within the preliminary plat area. All public utilities will be constructed by the developer when 222nd Street is constructed. Grading, drainage, and utility plans will be reviewed with subsequent plat applications. Park Dedication, Trails and Sidewalks. The City’s Comprehensive Parks, Trails, and Open Space Plan does not identify any future park land needs in the area of the plat. No public trails or sidewalks are being constructed with this plat. Park dedication fees will be determined upon submittal of the platting of the outlots. RECOMMENDATION Community Development staff recommend approval of the Airlake DEA preliminary plat subject to the following stipulations: 1. Implementation of the recommendations listed in the engineering report dated January 16, 2025 and any subsequent correspondence. 2. The final plat shall be in substantial conformance with the preliminary plans on file with the Community Development Department except as may be modified by the conditions herein. 3. A development contract and related agreements shall be approved by the City Council with the approval of the final plat. Page 206 of 237 Source: Esri, Maxar, Earthstar Geographics, and the GIS User CommunityCEDAR AVE (CSAH 23)222ND ST Airlake DEA plat area 225TH ST Eureka TownshipCity of FarmingtonEXHIBIT A City of Lakeville Location Map Airlake DEA Pre & Final Plat Page 207 of 237 Source: Esri, Maxar, Earthstar Geographics, and the GIS User CommunityCEDAR AVE (CSAH 23)222ND ST I-3 Airlake DEA plat area I-2 I-2 P/OS 215TH ST (CSAH 70) Eureka TownshipCity of FarmingtonEXHIBIT B City of Lakeville Zoning Map Airlake DEA Pre & Final Plat 225TH ST I-2 I-2 C-2 Page 208 of 237 225TH ST FLAGSTAFF AVEITEM 11 F L A G S T A F F A V E N U EFLOOD ZONE X 2 2 5 T H S T R E E T W E S T ITEM 12 2 2 2 N D S T R E E T W E S TAIRLAKE DEA OUTLOT B AIRLAKE DEA OUTLOT A FUTUR E 222ND S T R E E T W E S T OUTLOT A OUTLOT B PROPOSED TEMPORARY 30' ROW EASEMENT 40.00'10' UTILITY AND DRAINAGE EASEMENT 10' UTILITY AND DRAINAGE EASEMENT 50' UTILITY AND DRAINAGE EASEMENT 10' UTILITY AND DRAINAGE EASEMENT 10' UTILITY AND DRAINAGE EASEMENT 10' UTILITY AND DRAINAGE EASEMENT ROW DEDICATION R50.00'40.00'PREPARED FORPRELIMINARY PLAT- AIRLAKE DEA EX-1DAKOTA ELECTRIC -LAKEVILLEHAT TRICK INVESTMENTS,LLCLAKEVILLEMNDATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT1612670002/06/2025AS SHOWNCGMMOBBMWPRELIMINARY - NOT FOR CONSTRUCTIONThis document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2024 KIMLEY-HORN AND ASSOCIATES, INC.11995 SINGLETREE LANE, SUITE 225, EDEN PRAIRIE, MN 55344PHONE: 612-315-1272WWW.KIMLEY-HORN.COMK:\TWC_LDEV\LAUNCH PROPERTIES\LAKEVILLE - ADELMANN FARM\3 Design\CAD\Exhibits\Dakota Electric\Prelim Plat 1st Addition.dwg February 06, 2025 - 6:12pm©BYREVISIONSNo.DATEKnow what'sbelow. before you dig.Call R NORTH PROPOSED CURB AND GUTTER PROPOSED PROPERTY LINE LEGEND ENGINEER KIMLEY-HORN AND ASSOCIATES, INC. PREPARED BY: BRIAN M. WURDEMAN, P.E. 11995 SINGLETREE LN, SUITE 225 EDEN PRAIRIE, MN 55344 TELEPHONE: (612) 315-1272 DEVELOPER HAT TRICK INVESTMENTS, LLC 2866 WHITE BEAR AVE N MAPLEWOOD, MN 55109 TELEPHONE: (612) 987-9966 CONTACT: DAN REGAN SURVEYOR EGAN, FIELD AND NOWAK, INC. 475 OLD HIGHWAY 8 NW, SUITE 200 NEW BRIGHTON, MN 55112 TELEPHONE: (612) 466-3300 CONTACT: ERIC ROESER That part of the Northeast Quarter of Section 3, Township 113, Range 20, Dakota County described as follows: Commencing at the southeast corner of said Northeast Quarter; thence South 89 degrees 39 minutes 13 seconds West, assumed bearing, along the south line of said Northeast Quarter, a distance of 1003.65 feet to the east line of the West 1664.35 feet of said Northeast Quarter; thence North 00 degrees 18 minutes 22 seconds East along said east line of the West 1664.35 feet of said Northeast Quarter, a distance of 33.00 feet to the northerly right of way line of 225th Street West and the point of beginning of said parcel to be described; thence South 89 degrees 39 minutes 13 seconds West along said northerly right of way line of 225th Street West, a distance of 1664.46 feet to the west line of said Northeast Quarter; thence North 00 degrees 18 minutes 22 seconds East, along said west line of said Northeast Quarter, a distance of 1700.08 feet; thence North 86 degrees 21 minutes 53 seconds East, a distance of 886.88 feet; thence North 73 degrees 56 minutes 15 seconds East, a distance of 1141.48 feet to the east line of the West 1980.00 feet of said Northeast Quarter; thence South 00 degrees 18 minutes 22 seconds West, along said east line of the West 1980.00 feet of said Northeast Quarter, a distance of 1403.13 feet to the north line of the South 690.00 feet of said Northeast Quarter; thence South 89 degrees 39 minutes 13 seconds West, along said north line of the South 690.00 feet of the Northeast Quarter, a distance of 315.67 feet to the east line of the West 1664.35 feet of the Northeast Quarter; thence South 00 degrees 18 minutes 22 seconds West, a distance of 657.04 feet to said northerly right of way line of 225th Street West and to the point of beginning. Containing 3,406,316 square feet or 78.20 acres, more or less. Abstract Property DEVELOPMENT PARCEL LEGAL DESCRIPTION PROPERTY SUMMARY AIRLAKE DEA OUTLOT A ± 31.75 AC AIRLAKE DEA OUTLOT B ±77.85 AC ROW DEDICATION ±4.98 AC TOTAL AREA ±114.58 AC ZONING SUMMARY EXISTING ZONING I-2 GENERAL INDUSTRIAL PROPOSED ZONING I-2 GENERAL INDUSTRIAL DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.02/06/202553113EXISTING PROPERTY LINE PROPOSED EASEMENT EXISTING EASEMENT Page 209 of 237 City of Lakeville Public Works – Engineering Division Memorandum To: Heather Botten, Senior Planner From: Jon Nelson, Assistant City Engineer Copy: Zach Johnson, City Engineer Julie Stahl, Finance Director Dave Mathews, Building Official Tina Goodroad, Community Development Director Date: January 16, 2025 Subject: Airlake DEA • Preliminary Plat Review BBAACCKKGGRROOUUNNDD Dakota Electric Association (DEA) and Hat Trick Investments has submitted a preliminary plat to be known as Airlake DEA. The proposed development is located east of Garvey Lane and land owned by Metropolitan Airports Commission for Airlake Airport, south of the corporate limit with Farmington, and west and north of the corporate limit with Eureka Township. The site is zoned I-2, General Industrial District. The preliminary plat consists of two outlots and dedication of right-of-way on 113.31 acres. The Developer is dedicating 3.72 acres as 222nd Street right-of-way. SSIITTEE CCOONNDDIITTIIOONNSS The Airlake DEA site is undeveloped cultivated agricultural land. A wetland has been identified on the site. The land generally slopes from the southwest to northeast. SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT 222nd Street Airlake DEA includes the platting of right-of-way for 222nd Street, a local industrial roadway. 222nd Street will be constructed as a rural section roadway to promote infiltration and stormwater treatment in conjunction with development within the preliminary platted area. 222nd Street will be constructed as a 40-foot-wide paved section and two-foot gravel shoulders within an 80-foot right-of-way. Page 210 of 237 AAIIRRLLAAKKEE DDEEAA PPRREELLIIMMIINNAARRYY PPLLAATT JJAANNUUAARRYY 1166,, 22002255 PPAAGGEE 22 OOFF 22 A temporary cul-de-sac on 222nd Street is planned within a temporary easement at the east plat boundary. A temporary turnaround easement and escrow for future removal of the temporary cul-de-sac will be required with the development final plat. EEAASSEEMMEENNTTSS Prior to recording of the final plat: • A 50-foot-wide drainage and utility easement along the north side of 222nd Street shall be shown on the final plat. RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the preliminary plat for Airlake DEA, subject to the requirements and stipulations within this report. Page 211 of 237 Date: 2/18/2025 North Creek Manufactured Home Park Conditional Use Permit Proposed Action Staff recommends adoption of the following motion: Move to approve the North Creek MHP conditional use permit and adoption of the findings of fact. Overview Dirt Boys, Inc., on behalf of North Creek of Lakeville, LLC is requesting a Conditional Use Permit (CUP) to expand the existing North Creek Manufactured Home Community. This new addition of 130 home sites will be located immediately south of the existing North Creek Manufactured Home community, north of the existing Country View Manufactured Home community, and west of Pilot Knob Road (CSAH 31). The subject property and adjacent manufactured home communities are zoned RSMH, Single Family Manufacture Home Park District. A CUP is required for the expansion of a manufactured home park in the RSMH zoning district and for a shoreland impact plan within the Shoreland Overlay District. The property includes one parcel totaling 26.52 acres. The Planning Commission held a public hearing on the CUP at their February 6, 2025 meeting. There were several public comments from residents regarding traffic impacts through the existing North Creek MHP, concern about the condition of the existing neighborhood, loss of wildlife on the vacant parcel, and request for increased fence height. A stipulation was added to require all construction traffic to access the development site through the North Creek MHP. The Planning Commission unanimously recommended approval. Since the meeting, the owner of North Creek has shared with staff a schedule for some improvements to the existing MHP including: • Replacing mailboxes by end of July, 2025 • Replacing playground equipment by end of July, 2025 • Resurfacing existing driveways in the Fall of 2025 (coordinating with paving of the expansion roads to save on mobilization costs) • Exploring options to reduce speeds in neighborhood Supporting Information 1. Conditional Use Permit and Findings of Fact 2. February 6, 2025 draft Planning Commission meeting minutes Page 212 of 237 3. January 27, 2025 Planning and Engineering reports Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Tina Goodroad, Community Development Director Page 213 of 237 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 25-___ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville approves a Conditional Use Permit for North Creek of Lakeville, LLC for 130 additional home sites to the North Creek Manufactured Home Park in the RSMH District. 2. Property. The permit is for the described property located in the City of Lakeville, Dakota County, Minnesota and described in Exhibit A. 3. Conditions. The permit is issued subject to the following conditions: a) That the site be developed in accordance with the plans approved by the City Council. b) A fence permit shall be issued prior to installation of any fencing on the site. The privacy fence and chain link fences along the west and south property lines shall be installed prior to the issuance of any permits for home placement. c) The chain link fence along the south property line shall be a minimum of six (6) feet in height. The gate at Country View Lane shall be a minimum of six (6) in height. d) All construction related traffic shall be through the existing North Creek MHP. No construction traffic shall be permitted on any streets in the Country View MHP. e) Satisfy all conditions stipulated in the Engineering report dated January 27, 2025 prior to the issuance of a permit for home placement. f) Tree protection measures must be in place prior to any grading or construction activity on site. g) The applicant shall provide confirmation that an easement for the private road exists over the city greenway parcel and/or recording of such easement with the recording of the CUP. Page 214 of 237 2 h) The applicant shall provide confirmation of a shared easement for the northern lot private drives to serve the new expansion lot and/or recording of such easement with the recording of the CUP. i) Preparation of drainage and utility easements along the grading extents of both stormwater basins and along the Special Flood Hazard Area (SFHA), as determined by FEMA, in favor of the City of Lakeville. 4. Revocation of Permit. The City may revoke the permit for cause upon determination that the conditional use is not in conformance with the conditions of this permit or is in continued violation of the Zoning Ordinance, City Code, or other applicable regulations. 5. Expiration. This CUP shall expire unless the applicant commences construction of the authorized use within one year of the date of this CUP, unless an extension is approved by the Zoning Administrator. Dated: February 18, 2025 CITY OF LAKEVILLE BY:________________________ Luke M. Hellier, Mayor SEAL BY:________________________ Ann Orlofsky, City Clerk The following instrument was acknowledged before me this 18th day of February, 2025 by Luke M. Hellier, Mayor and by Ann Orlofsky, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. __________________________ Notary Public DRAFTED BY: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 215 of 237 3 Exhibit A North Creek Estates Manufacture Home Park Legal Description of the undeveloped property south of existing community: Parcel 2: All that part of the North one-half of the Southeast Quarter and the South one-half of the Northeast Quarter of Section 11, Township 114, Range 20, Dakota County, Minnesota, described as follows, to-wit; Commencing at the southeast corner of said South one-half of the Northeast Quarter, thence North 00 degrees 24 minutes 22 seconds east along the east line of said South one- half of the Northeast Quarter for a distance of 88.81 feet; thence North 73 degrees 27 minutes 39 seconds west for a distance of 787.32 feet’ thence west for a distance of 647.22 feet to the actual point of beginning of the tract of land to be described; thence south for a distance of 507.20 feet; thence south 45 degrees 00 minutes 00 seconds west for a distance of 70. 71 feet; thence west for a distance of 1,205 feet more or less, to the west line of said North one-half of the Southeast Quarter; thence northerly along the West line of said North one-half of the Southeast Quarter and the West line of the South one-half of the Northeast Quarter to the Northwest corner of said South one-half of the Northeast Quarter, thence easterly along the North line of said South one-half of the Northeast Quarter to an intersection with a line drawn through the point of beginning and having a bearing of North; thence south along said line to the point of beginning. Excepting therefrom Commencing at the southeast corner of the South half of the Northeast Quarter of Section 11, Township 114, Range 20, Dakota County, Minnesota; thence on an assumed bearing of North 00 degrees 24 minutes 22 seconds East along the East line of said South half of said Northeast Quarter for a distance of 88.81 feet; thence North 73 degrees 27 minutes 39 seconds West for a distance of 787.32 feet; thence West for a distance of 647.72 feet; thence North a distance of 183.91 feet to the actual point of beginning of the tract of land to be described; thence North 73 degrees 45 minutes 14 seconds West a distance of 1306.08 feet to the West line of said South half of said Northeast Quarter; thence North 00 degrees 04 minutes 04 seconds West along said West line a distance of 138.82 feet; thence South 73 degrees45 minutes 14 seconds East a distance of 1104.69 feet; thence North 53 degrees 07 minutes 00 seconds East a distance of 227.87 feet; thence North 00 degrees 16 minutes 29 seconds West a distance of 337.26 feet; thence South 89 degrees 43 minutes 28 seconds West a distance of 103.96 feet; thence North 00 degrees 16 minutes 29 seconds West a distance of 135.00 feet to the North line of said South half of said Northeast Quarter; thence North 89 degrees 43 minutes 28 seconds East along said North line a distance of 117.47 feet; thence south 805.53 feet to the point of beginning, according to the United States Government Survey thereof and situated in Dakota County, Minnesota. Page 216 of 237 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA NORTH CREEK MANUFACTURED HOME PARK CONDITIONAL USE PERMIT FINDINGS OF FACT AND DECISION On February 6, 2025 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the request of Dirt Boys Inc., on behalf of North Creek of Lakeville LLC, for a conditional use permit for a manufactured home park in the RSMH, Single Family Manufactured Home Park District and for a shoreland impact plan within the Shoreland Overlay District. The Planning Commission conducted a public hearing on the proposed conditional use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is located in Comprehensive Planning District 3, which guides the property for Manufactured Housing. 2. The subject site is zoned RSMH, Single Family Manufactured Home Park District. 3. The legal description of the property is attached in Exhibit A. 4. Chapter 4 of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The 130 manufactured home pad sites are consistent with the guided manufactured housing use of the property. b. The proposed use is or will be compatible with future land uses of the area. Finding: The 130 manufactured home pad sites are compatible with the existing and future land uses in the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance and the City Code. Finding: Provided compliance with the stipulations of the conditional use permit, the 130 manufactured home pad sites will conform to all performance standards contained in the Zoning Ordinance and City Code. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Page 217 of 237 2 Finding: The 130 manufactured home pad sites can be accommodated with existing public services and will not overburden the City’s service capacity. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The public and private streets serving this site are adequate to accommodate traffic from the new manufactured home units. 5. The report dated January 27, 2025 prepared by Tina Goodroad, Community Development Director, is incorporated herein. DECISION The City Council approves the conditional use permit in the form attached hereto. DATED: February 18, 2025 CITY OF LAKEVILLE BY: __________________________ Luke M. Hellier, Mayor BY: __________________________ Ann Orlofsky, City Clerk SEAL Page 218 of 237 3 Exhibit A North Creek Estates Manufacture Home Park Legal Description of the undeveloped property south of existing community: Parcel 2: All that part of the North one-half of the Southeast Quarter and the South one-half of the Northeast Quarter of Section 11, Township 114, Range 20, Dakota County, Minnesota, described as follows, to- wit; Commencing at the southeast corner of said South one-half of the Northeast Quarter, thence North 00 degrees 24 minutes 22 seconds east along the east line of said South one-half of the Northeast Quarter for a distance of 88.81 feet; thence North 73 degrees 27 minutes 39 seconds west for a distance of 787.32 feet’ thence west for a distance of 647.22 feet to the actual point of beginning of the tract of land to be described; thence south for a distance of 507.20 feet; thence south 45 degrees 00 minutes 00 seconds west for a distance of 70. 71 feet; thence west for a distance of 1,205 feet more or less, to the west line of said North one-half of the Southeast Quarter; thence northerly along the West line of said North one-half of the Southeast Quarter and the West line of the South one-half of the Northeast Quarter to the Northwest corner of said South one-half of the Northeast Quarter, thence easterly along the North line of said South one-half of the Northeast Quarter to an intersection with a line drawn through the point of beginning and having a bearing of North; thence south along said line to the point of beginning. Excepting therefrom Commencing at the southeast corner of the South half of the Northeast Quarter of Section 11, Township 114, Range 20, Dakota County, Minnesota; thence on an assumed bearing of North 00 degrees 24 minutes 22 seconds East along the East line of said South half of said Northeast Quarter for a distance of 88.81 feet; thence North 73 degrees 27 minutes 39 seconds West for a distance of 787.32 feet; thence West for a distance of 647.72 feet; thence North a distance of 183.91 feet to the actual point of beginning of the tract of land to be described; thence North 73 degrees 45 minutes 14 seconds West a distance of 1306.08 feet to the West line of said South half of said Northeast Quarter; thence North 00 degrees 04 minutes 04 seconds West along said West line a distance of 138.82 feet; thence South 73 degrees45 minutes 14 seconds East a distance of 1104.69 feet; thence North 53 degrees 07 minutes 00 seconds East a distance of 227.87 feet; thence North 00 degrees 16 minutes 29 seconds West a distance of 337.26 feet; thence South 89 degrees 43 minutes 28 seconds West a distance of 103.96 feet; thence North 00 degrees 16 minutes 29 seconds West a distance of 135.00 feet to the North line of said South half of said Northeast Quarter; thence North 89 degrees 43 minutes 28 seconds East along said North line a distance of 117.47 feet; thence south 805.53 feet to the point of beginning, according to the United States Government Survey thereof and situated in Dakota County, Minnesota. Page 219 of 237 CITY OF LAKEVILLE. PLANNING COMMISSION MEETING MINUTES February 6, 2025 Vice Chair Zimmer called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. Members Present: Vice Chair Christine Zimmer, Scott Einck, Pat Kaluza, Jason Swenson, Alternate Mark Traffas, Ex-Officio Jeff Hanson Members Absent: Chair Jenna Majorowicz, Amanda Tinsley, Patty Zuzek Staff Present: Tina Goodroad, Community Development Director; Kris Jenson, Planning Manager; Heather Botten, Senior Planner; Jon Nelson, Assistant City Engineer; Dawn Erickson, Recording Secretary, Andrea McDowell-Poehler, City Attorney 3. Approval of the Meeting Minutes The January 23, 2025 Planning Commission meeting minutes were approved as presented. 4. Announcements Planning Manager Kris Jenson stated that the Findings of Fact were revised to correct the legal description. Ms. Jenson stated there is a joint work session with the Parks, Recreation, and Natural Resources Committee immediately following this meeting. 5. North Creek MHP Conditional Use Permit Vice Chair Zimmer opened the public hearing to consider the application of Dirt Boys, Incorporated for a conditional use permit to allow the expansion of North Creek Manufactured Home Park for the development of manufactured home sites in the RSMH, Single Family Manufactured Home Park District and Shoreland Overlay District. Joe Mailander, Engineer on behalf of Dirt Boys, Incorporated presented a brief overview of the request. Mr. Mailander stated the plan would include 130 new homes at the site and there would be no additional burden on the city as the infrastructure is already in place. Community Development Director Tina Goodroad presented the staff report. She summarized the history of the site; that the parcel has been zoned for manufactured housing since at least 1974 and that the third phase was originally proposed in 1989 and again in 1997. Ms. Goodroad noted the amenities that are proposed with the third phase and that a six-foot-tall privacy fence would be installed along the west property line and continue along the south property line, where it would transition to a four-foot-tall chain link fence along the stormwater pond. A gate will be placed at Country View Trail, which will only allow access between North Creek and Country View parks Page 220 of 237 Planning Commission Meeting Minutes, February 6, 2025 Page 2 in the case of an emergency. Ms. Goodroad noted that the requirements for a Shore Impact Plan, as required by the Shoreland Overlay District, have been met and that the DNR had no comments. Vice Chair Zimmer opened the hearing to the public for comment. Joyce Mallery, 4650 Eveleth Court, Country View resident, expressed concern about the increase in traffic in the neighborhood, the impact to wildlife in the pond area, and questioned how the development would impact property taxes. Kurt Mecus, 17265 North Creek Lane, expressed concerns about traffic and the increased number of cars, that the storm shelter is not adequate for current North Creek residents, flooding along North Creek, and where runoff from the new development would go. Linda Baumgartner, 17390 Faraday Lane, expressed concern about responsibility for maintenance of the fence, wildlife in the area, and tree removal on the site. Kevin Morgan, 17305 Fairgreen Avenue, expressed concern about non-residents visiting the site and conducting illegal activity. Dan Gustafson, 5775 Country View Trail, Owner of Country View MHP, stated he constructed the park in 1972 and has been involved in the management for 53 years. Added that he would like the fence height increased from six feet to seven feet, the height of the gate increased, and requested that construction traffic not use Country View Trail. Stacy Carvell, 17616 Fairfax Avenue, expressed concern about wildlife (including eagles) and the increase in traffic and asked if the pond could be located along the west property line. Jeff Carvell, 17616 Fairfax Avenue, asked when the wetland designation of the property was changed. Chad Velta, 17668 Fairfax Avenue, stated that the residents weren’t notified, felt the meeting location should have been local to the neighborhood, expressed concern about cramming high density on the property and whether the units would be rentals and stated that the owner has not cared for the property. Alex Rekstein, 17592 Fairfax Avenue, expressed concern about traffic and the electric line easement being poorly maintained. Amber Kipply, 17265 North Creek Drive, stated the park is in disrepair and is poorly maintained. Jody Raber, 5696 177th Street, Country View resident, expressed concern about the safety and security of children, doesn’t want that to be impacted by rentals, and felt that the entire development fenced and the fence increased in height. Motion was made by Kaluza, seconded by Swenson, to close the public hearing at 6:42 p.m. Voice vote was taken on the motion. Ayes – unanimous Vice Chair Zimmer asked Mr. Mailander to address the questions that were posed during the public hearing. Mr. Mailander stated that a storm shelter that meets state code requirements is part Page 221 of 237 Planning Commission Meeting Minutes, February 6, 2025 Page 3 of the expansion plans. Mr. Mailander also addressed concerns about the flood plain, wetland, pond, fence and traffic. Jay Van Tassell, representing the owner of North Creek MHP, stated the intent is to sell all the homes and not offer them for rent. He stated that they do background checks for everyone who wants to live in the community. Commissioner Kaluza asked if they would be willing to have Crime Free Drug Free agreements if anything needs to be rented. Mr. Van Tassell stated they would agree to that. Vice Chair Zimmer asked for comments from the Planning Commission. Discussion points included: • A request was made for the representative of the owner to respond to the state of the park. Mr. Van Tassel stated they would be doing some maintenance and improvements with the expansion. The owner was urged to address resident concerns in the park before it goes to City Council. • There was concern expressed about the space between the fence and the rear property lines and the possibility of it being used as a thoroughfare. Mr. Mailander stated that there isn’t access to create a thoroughfare. • It was noted the wetland process appears to be followed and the stormwater ponds are in the correct location based on the site. The number of units proposed for the site was reduced in order to meet the stormwater requirements. • There was discussion regarding when there could be a requirement for multiple egress. Assistant City Engineer Jon Nelson summarized the traffic study for this area. • Following some discussion about the construction traffic, Mr. Mailander stated all construction traffic will access the site through North Creek. Commissioners requested that Ms. Goodroad add this requirement as a stipulation of approval, and she concurred with the addition. • The City’s Land Use Plan guides this parcel as Manufactured Housing, which has a density requirement of 4-7 units per acre. The North Creek expansion has a density of five units per acre, in compliance with the comprehensive plan. • There was a question about types of trees and screening. Mr. Mailander stated there will be a mix of overstory and coniferous trees. They will be trying to preserve as many trees as possible along North Creek. • Commissioner Swenson expressed concern regarding the street crossing over the creek. Mr. Mailander stated that they engaged with a local consultant, Collins Engineering, to evaluate the structure and provide recommendations for the crossing, which will be implemented with the construction of this development. Motion was made by Swenson, seconded by Kaluza to recommend to City Council approval of the North Creek Manufactured Home Park conditional use permit subject to the nine stipulations listed in the January 27, 2025 planning report, as amended and adoption of the findings of fact. Page 222 of 237 Planning Commission Meeting Minutes, February 6, 2025 Page 4 1. That the site be developed in accordance with the plans approved by the City Council. 2. A fence permit shall be issued prior to installation of any fencing on the site. The privacy fence along the west and south property lines shall installed prior to issuance of any permits for home placement. 3. The chain link fence along the south property line shall be a minimum of six (6) feet in height. The gate at Country View Lane shall be a minimum of six (6) in height. 4. Satisfy all conditions stipulated in the Engineering Memo dated January 27, 2025 prior to the issuance of a permit for home placement. 5. Tree protection measures must be in place prior to any grading or construction activity on site. 6. The applicant shall provide confirmation that an easement for the private road exists over the city greenway parcel and/or recording of such easement with the recording of the CUP. 7. The applicant shall provide confirmation of a shared easement for the northern lot private drives to serve the new expansion lot and/or recording of such easement with the recording of the CUP. 8. Preparation of drainage and utility easements along the grading extents of both stormwater basins and along the Special Flood Hazard Area (SFHA), as determined by FEMA, in favor of the City of Lakeville. 9. All construction traffic must be through the existing North Creek Development. Ayes: Kaluza, Zimmer, Einck, Swenson, Traffas Nays: 0 There being no further business, the meeting was adjourned at 7:13 p.m. Respectfully submitted, Dawn Erickson, Recording Secretary Page 223 of 237 City of Lakeville Community Development Dept Memorandum To: Planning Commission From: Tina Goodroad, AICP, Community Development Director Date: January 27, 2025 Subject: Packet Material for the February 6, 2025, Planning Commission Meeting Agenda Item: North Creek Manufactured Home Park Conditional Use Permit Application Action Deadline: March 1, 2025 INTRODUCTION Dirt Boys, Inc., on behalf of North Creek of Lakeville, LLC is requesting a Conditional Use Permit to expand the existing North Creek Manufactured Home Community. This new addition will be located immediately south of the existing North Creek Manufactured Home community and north of the existing Country View Manufactured Home community and west of Pilot Knob Road (CSAH 31). The subject property and adjacent manufactured home communities are zoned RSMH, Single Family Manufacture Home Park District. Expansion of a manufactured home park is a conditional use in the RSMH zoning district and shoreland impact plan within the Shoreland Overlay District. The property includes one parcel totaling 26.52 acres. The Conditional Use Permit request is quasi-judicial; the City's role is to determine the facts associated with the request and weigh those facts against the legal standards contained in the City Code and State Statute. In general, if the facts indicate the applicant meets the relevant legal standards of the code and will not compromise the general welfare, the applicant is likely entitled to approval. The City is, however, able to add conditions to the approval to ensure that any impacts to parks, roads, utilities, or other public infrastructure on and around the subject property are adequately addressed. Page 224 of 237 2 The following exhibits are attached for your review: A. Location Map B. Zoning Map C. Phase III plan proposed in 1989 and 1997 (2 pages) D. Existing Conditions Plan E. Overall Grading and Erosion Control Plan F. Overall Site Layout Plan G. Site Layout Plans (4) H. Site Layout Details I. Tree Preservation Plan J. Tree Inventory K. Landscaping Plan L. Traffic Study dated January 20, 2025 M. October 4, 2023 Neighborhood Meeting Notes PLANNING A NALYSIS Existing Conditions. The subject property is owned by North Creek of Lakeville LLC who also owns the existing North Creek Manufactured Home Park. The proposal includes the development of the community with private streets, amenities and a total of 130 home sites for single wide manufactured homes. The first phase of North Creek had 105 homesites and was approved and constructed in 1984, while the second phase of 60 homesites was approved in late 1986. Phase three plans for 141 home sites were submitted in 1989 and again in 1997, though it’s unclear why development did not move forward at those times. The site layout that was proposed at those times is attached as Exhibit C. The area of the North Creek and Country View manufactured home parks has been zoned for manufactured housing since at least 1974. A neighborhood meeting was held October 4, 2023 when the original application for expansion was submitted and the meeting notes are attached as Exhibit K. Since that meeting, the application has completed additional studies, including a traffic study, and final stormwater plans were prepared that resulted in a reduction of the number of home sites proposed, from 153 to 130. Adjacent Land Uses. Adjacent land uses and zoning are as follows: North – North Creek (P/OS), North Creek MHP community (RSMH) East – North Creek (P/OS), Country View MHP community (RSMH) South – Country View MHP community (RSMH) West – Single Family homes (RS-3) Page 225 of 237 3 Lot Setbacks. Section 11-55-15.B.8 establishes individual manufactured home lot setbacks based on when the park was created. For North Creek MHP, all manufactured homes must be setback a minimum of 20 feet from the front lot line and 10 feet from a side or rear lot line. The proposed units shown on the site plans all meet these setback requirements. MUSA. The North Creek MHP is located within the current MUSA. Shoreland Impact Plan. A portion of the development site is located within the shoreland overlay district of North Creek, which extends 300 feet from the centerline of the creek. The creek itself is within an outlot that was deeded to the City in 1994. The shoreland impact plan includes requirements that the plans address erosion control, access to public utilities, stormwater management, and site development best management practices. Community Development and Engineering staff have determined that the requirements of the shoreland overlay district have been met. and all proposed development is located outside of the floodplain. Engineering analysis of the site, with a focus on drainage, erosions control, and turf establishment, meets the requirements for a shore impact plan. The proposed plans have been sent to the DNR for their review but a response has not yet been received. Site Design. A total of 130 home sites will be created across the site. The north portion of the site abuts the outlot containing North Creek, and all of the proposed development is located outside of the floodplain. An infiltration basin is proposed just south of the creek and a detention pond will be constructed at the south property line, east of Country View Trail. A four-foot-tall chain link fence will be installed between both basins and the new homesites. The applicant has also agreed to provide a six-foot solid fence along the west property line and the south property line, west of Country View Trail. Proposed lots range in size from 4,770 sq ft to 13,905 square feet, with the majority of the lots having an area in the range of 4,770 to 4,950 square feet. Each home site includes an 18-foot wide, 20-foot-deep off-street parking pad, which provides the required two off-street parking spaces per unit. Twenty-six guest parking spaces are provided in three locations across the community. A required storm shelter is planned at the corner of County View Trail and Upper 175th Street which is well centralized in the community. Recreation and playground areas are provided at the northwest and southwest portions of the site. Landscaping. Nearly each lot will have a front yard overstory tree. Additional plantings are proposed at the recreation areas and guest parking spaces, as well as along both stormwater basin. A solid row of overstory and coniferous trees will be planted along the west property line and continuing around the southwest corner of the site. The proposed plantings sizes on the plan meet ordinance requirements. Tree Preservation. The tree preservation plan indicates that there are 733 trees existing on site, 82 of which are proposed to be saved, primarily located near North Creek. shall be submitted prior to issuance of a grading permit. The majority of the trees on site are Cottonwood, Siberian Page 226 of 237 4 or American Elm, and Willow. Six Green Ash trees are infected with Emerald Ash Borer, and therefore will be removed regardless of their location on the site. Trees and tree areas proposed to be saved must have appropriate protective fencing prior to any grading work beginning on site. Sanitary Sewer and Water Services. All lots will be served with city sewer, water, and storm sewer services. See the January 27, 2025 Engineering report by Jon Nelson, Assistant City Engineer, for more information. CONDITIONAL USE PERMIT ANALYSIS A conditional use permit application has been submitted to add units to a manufactured home park in the RSMH District. Section 11-4-7 lists the following performance standards for conditional use permits: A. The use and the site in question shall be served by a street of sufficient capacity to accommodate the type and volume of traffic which would be generated, and adequate right of way shall be provided. Private streets will serve this new portion of North Creek through a street extension of Fairgreen Avenue south from the existing North Creek community. All trips will be through the existing North Creek community to Pilot Knob Road (CSAH 31) via 173rd Street. This is the only possible access as Country View MHP has not agreed to a street connection on the south side of the development. Because the streets are all private, the City cannot require another property owner to provide access to an adjacent property owner. Country View MHP has agreed to allow a street to connect to the existing stub of Country View Trail and the installation of a gate, which will allow access in the event of an emergency. B. The site design for access and parking shall minimize internal as well as external traffic conflicts and shall be in compliance with chapter 19 of the Zoning Ordinance. Access to the site will be from Fairgreen Avenue extending from the existing North Creek MHP. Three additional private streets will serve the 130 home sites. C. If applicable, a pedestrian circulation system shall be clearly defined and appropriate provisions made to protect such areas from encroachment by parked or moving vehicles. Not applicable. D. Adequate off-street parking and off-street loading shall be provided in compliance with chapters 19 and 20 of the Zoning Ordinance. Two paved, off-street parking spaces are being provided for each of the new home sites. This complies with Section 11-19-13, which requires two off-street spaces per single family home. E. Loading areas and drive-up facilities shall be positioned so as to minimize internal site access problems and maneuvering conflicts, to avoid visual or noise impacts on any "adjacent" residential use or district, and provided in compliance with chapter 20 of this title. Not applicable. Page 227 of 237 5 F. Whenever a nonresidential use "is adjacent to" a residential use or district, a buffer area with screening and landscaping shall be provided in compliance with chapter 21 of this title. While this new phase of the North Creek MHP is a residential use, it abuts existing single family homes to the west and the Country View MHP to the south. Development plans include the installation of a six-foot tall solid fence is along with the south and west property lines, west of Country View Trail. G. General site screening and landscaping shall be provided in compliance with chapter 21 of this title. A variety of overstory and coniferous trees are provided at the perimeter of the community with additional screening provided along the west property line where additional lot depth is provided. The majority of the proposed lots will also contain a minimum of one tree. H. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right of way or neighboring residential uses or districts and shall be in compliance with section 11-16- 17 of the Zoning Ordinance. The plans indicate that seven streetlights will be installed at locations around the development, primarily at intersections and guest parking areas. The proposed streetlights are 16 feet tall with a six-foot mast arm. I. Potential exterior noise generated by the use shall be identified and mitigation measures as may be necessary shall be imposed to ensure compliance with section 11-16-25 of the Zoning Ordinance. Not applicable. J. The site drainage system shall be subject to the review and approval of the city engineer. The Engineering Division has reviewed and determined that the proposed site development plans are acceptable, provided compliance with the January 27, 2025 Engineering report drafted by Jon Nelson, Assistant City Engineer. K. The architectural appearance and functional design of the building and site shall not be so dissimilar to the existing or potential buildings and area so as to cause a blighting influence. All sides of the principal and accessory structures are to have essentially the same or coordinated, harmonious exterior finish materials and treatment. Not applicable. L. Provisions shall be made for daily litter control, an interior location for recycling, and trash handling and storage or an outdoor, enclosed receptacle area shall be provided in compliance with section 11-18-11 of the Zoning Ordinance. Each home site is responsible for their own trash and recycling removal. M. All signs and informational or visual communication devices shall be in compliance with chapter 23 of the Zoning Ordinance. Page 228 of 237 6 No additional signage is proposed to be added with these units. N. The use and site shall be in compliance with any federal, state or county law or regulation that is applicable and any related permits shall be obtained and documented to the city. Not applicable. O. Any applicable business licenses mandated by this code are approved and obtained. Not applicable. P. The hours of operation may be restricted when there is judged to be an incompatibility with a residential use or district. Not applicable Q. The use complies with all applicable performance standards of the zoning district in which it is located and where applicable, any nonconformities shall be eliminated. Not applicable. R. All additional conditions pertaining to a specific site are subject to change when the council, upon investigation in relation to a formal request, finds that the general welfare and public betterment can be served as well or better by modifying or expanding the conditions set forth herein. Not applicable. RECOMMENDATION Community Development Department staff recommends approval of the North Creek MHP conditional use permit, subject to the following stipulation: 1. That the site be developed in accordance with the plans approved by the City Council. 2. A fence permit shall be issued prior to installation of any fencing on the site. The privacy fence along the west and south property lines shall be installed prior to issuance of any permits for home placement. 3. Satisfy all conditions stipulated in the Engineering Memo dated January 27, 2025 prior to the issuance of a permit for home placement. 4. Tree protection measures must be in place prior to any grading or construction activity on site. 5. The applicant shall provide confirmation that an easement for the private road exists over the city greenway parcel and/or recording of such easement with the recording of the CUP. 6. The applicant shall provide confirmation of a shared easement for the northern lot private drives to serve the new expansion lot and/or recording of such easement with the recording of the CUP. Page 229 of 237 7 7. Preparation of drainage and utility easements along the grading extents of both stormwater basins and along the Special Flood Hazard Area (SFHA), as determined by FEMA, in favor of the City of Lakeville. Findings of Fact for approval of the conditional use permit request are attached. Page 230 of 237 City of Lakeville Public Works – Engineering Division Memorandum To: Tina Goodroad, Community Development Director From: Jon Nelson, Assistant City Engineer McKenzie L. Cafferty, Environmental Resources Manager Joe Masiarchin, Parks and Recreation Director Copy: Zach Johnson, City Engineer Julie Stahl, Finance Director Dave Mathews, Building Official Date: January 27, 2025 Subject: North Creek Manufactured Home Park • Conditional Use Permit • Grading and Erosion Control Plan Review • Utility Plan Review • Site Plan Review BBAACCKKGGRROOUUNNDD Dirt Boys, Inc. has submitted a conditional use permit to expand and construct new home sites at the existing North Creek Manufactured Home Park. The proposed development is located south of and adjacent to the North Creek Greenway, east of Fairfax Avenue, west of Pilot Knob Road and north of 176th Street. The parent parcel consists of undeveloped land (PID 220110076012). The parcel is zoned RSMH, Single family manufactured home park district. The proposed site plan will be completed by: Applicant: Dirt Boys, Inc. Engineer: Clearwell Engineering SSIITTEE CCOONNDDIITTIIOONNSS The North Creek Manufactured Home Park site primarily contains undeveloped land. The site is located within the North Creek Stormwater District. The site is bisected with the northern half of the site generally draining southwest to northeast and the south end of the site Page 231 of 237 NNOORRTTHH CCRREEEEKK MMAANNUUFFAACCTTUURREEDD HHOOMMEE PPAARRKK JJAANNUUAARRYY 2277,, 22002255 PPAAGGEE 22 OOFF 77 generally draining west to east. The site is bordered to the north by the North Creek greenway, the east and south by existing manufactured homes and to the west by single family homes along Fairfax Avenue. EASEMENTS Prior to recording of the conditional use permit: • A drainage and utility easement along the grading extents of both stormwater basins in favor of City of Lakeville shall be recorded. • A drainage and utility easement along the Special Flood Hazard Area (SFHA), as determined by FEMA, in favor of City of Lakeville shall be recorded. • A shared access easement shall be placed over the northern lot private roadways accessing the site from Pilot Knob Road (CSAH 31). • A shared access easement shall be placed over the private roadway over the North Creek Greenway. SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Pilot Knob Road North Creek Manufactured Home Park is located west of Pilot Knob Road, a minor arterial roadway as identified in the City’s Transportation Plan. A traffic impact study was finalized on January 20, 2025 in relation to North Creek Manufactured Home Park. The applicant shall be responsible for implementation of recommended improvements considered in the study deemed as the result of the traffic generated from the site. Site Access Access to the site is proposed via extension of the existing privately owned and maintained road, Fairgreen Avenue. The proposed new entrance shall utilize an existing crossing of North Creek to the site. An easement, by the city, will be required to be recorded with the CUP for this crossing. A gated access is proposed for emergency vehicle access only on the south end of the site, connecting to Country View Trail. The Applicant shall provide a $10,000 security for construction of a street connection to County View Trail. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress shall be restricted to a single entrance from Pilot Knob Road. UUTTIILLIITTIIEESS SSAANN IITTAARRYY SSEE WWEERR North Creek Manufactured Home Park is located within subdistrict NC-20115 of the North Creek sanitary sewer district as identified in the City’s Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed through City sanitary sewer to the MCES interceptor sewer Page 232 of 237 NNOORRTTHH CCRREEEEKK MMAANNUUFFAACCTTUURREEDD HHOOMMEE PPAARRKK JJAANNUUAARRYY 2277,, 22002255 PPAAGGEE 33 OOFF 77 monitored by meter M643A. Wastewater treatment is provided by the Empire Wastewater Treatment Facility. Development of North Creek Manufactured Home Park includes the connection of an 8-inch privately owned and maintained sanitary sewer service to the existing 15-inch sanitary sewer with a manhole located within the greenway conservation area of North Creek Greenway to provide service to North Creek Manufactured Home Park. The Applicant shall provide a $10,000 security for connection to the public sanitary sewer. Sanitary Sewer Connection Charge and M.C.E.S. Sac unit, established by MCES, are to be paid with a building permit application. The Sanitary Sewer Availability Charge has not been collected on the site and is required prior to the issuance of a conditional use permit, calculated as follows: 130 units x $327.00 = $42,510.00 Total Units North Creek MHP 2025 Unit Rate Sanitary Sewer Availability Charge North Creek MHP WWAATTEERRMMAAIINN An existing 8-inch watermain service extends into the property in the southwest portion of the parcel. Development of North Creek Manufactured Home Park includes the connection of a 8-inch privately owned and maintained watermain service to the existing 8-inch public watermain. The Applicant shall provide a $10,000 security for connection to the public watermain. Watermain Unit Charge is to be paid with a building permit application. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG The site is located within subdistrict NCL-62 of the North Creek drainage district, as identified in the City’s Water Resources Management Plan. Development of North Creek Manufactured Home Park will include the construction of two privately owned and maintained stormwater basins consisting of one infiltration basin and one wet basin. The Applicant shall sign a private maintenance agreement for both stormwater basins and dedicate drainage and utility easements over the stormwater management areas prior to recording of a conditional use permit. The storm basins will provide water quality treatment, volume reduction and rate control of the stormwater runoff generated from the proposed site improvements. A grading permit is required to be obtained from the City Engineering Department prior to construction commencing on the site. Page 233 of 237 NNOORRTTHH CCRREEEEKK MMAANNUUFFAACCTTUURREEDD HHOOMMEE PPAARRKK JJAANNUUAARRYY 2277,, 22002255 PPAAGGEE 44 OOFF 77 The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Applicant shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. North Creek Manufactured Home Park contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. SSTTOORRMM SSEEWWEERR Privately owned and maintained storm sewer will be constructed within North Creek Manufactured Home Park. Private storm sewer constructed within North Creek Manufactured Home Park will convey runoff to two privately owned and maintained storm basins. The privately owned and maintained storm basins will ultimately outlet to North Creek. The outlet overflows will be protected by rip rap in accordance with city standards. The Applicant shall provide a $20,000 security prior to issuance of the conditional use permit for the two storm overflows to North Creek. The Storm Sewer Charge has not been collected on the site and must be collected with the North Creek Manufactured Home Park Conditional Use Permit, calculated as follows: Storm Sewer Charge Summary Gross Area of North Creek Manufactured Home Park 1,154,340.00 s.f. Less Area of Storm Basins (-) 218,236.00 s.f. Total = 936,104.00 s.f. 936,104.00 s.f. x $0.198/s.f. = $185,348.59 Net Area of North Creek MHP Residential (multi-family) Area Charge Total Storm Sewer Charge FEMA FLOODPLAIN ANALYSIS North Creek Manufactured Home Park is shown on Flood Insurance Rate Map (Map No. 27037C0208E; Eff. Date 12/2/2011) primarily as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, the manufactured home lots within North Creek Manufactured Home Park are not located within a Special Flood Hazard Area (SFHA), as determined by FEMA. Page 234 of 237 NNOORRTTHH CCRREEEEKK MMAANNUUFFAACCTTUURREEDD HHOOMMEE PPAARRKK JJAANNUUAARRYY 2277,, 22002255 PPAAGGEE 55 OOFF 77 North Creek crosses through the northeast corner of North Creek Manufactured Home Park and is designated as Zone AE, and therefore within a Special Flood Hazard Area (SFHA). The area mapped as Zone AE will be placed in a drainage and utility easement. WWEETTLLAANNDDSS A wetland delineation was completed for the site by Minnesota Natural Resource. On November 30, 2022, the Notice of Application was distributed to TEP members, and no objections were raised. Based on the information provided, including the site visit conducted on November 2, 2022, the wetland delineation for North Creek Manufactured Home Park, as detailed in the report, is approved for use in implementing the Wetland Conservation Act. The North Creek Manufactured Home Park project qualifies for a "no-loss" determination under the Minnesota Wetland Conservation Act. Although a small, incidentally created wetland (0.11 acres) was identified, it was determined to have originated from past grading in historically upland soils. Therefore, its impact does not require mitigation. TTRREEEE PPRREESSEERRVVAATTIIOONN A tree preservation plan shall be submitted and approved by city staff prior to issuance of a grading permit. The tree preservation plan is required to meet the tree preservation Lakeville Subdivision Ordinance. Significant trees identified for preservation shall be protected and preserved through termination of all grading and construction activities. EERROOSSIIOONN CCOONNTTRROOLL The Applicant is responsible for meeting all the requirements outlined in the MPCA Construction Permit. The applicant must submit to the City a SWPPP for the site that meets all the requirements of the MPCA Construction Permit for review and approval before any land disturbance can take place. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the applicant. The Applicant is responsible for the establishment of native vegetation within the privately owned and maintained basins. This may include mowing, spot spraying and overseeding until the areas are established and approved by the City. The MS4 Administration Fee has not been collected on the parent parcels and will be required to be paid with the conditional use permit, calculated as follows: $654,400.00 x 2% Grading Costs = $13,088.00 Mass Grading Cost MS4 Admin Fee Total Page 235 of 237 NNOORRTTHH CCRREEEEKK MMAANNUUFFAACCTTUURREEDD HHOOMMEE PPAARRKK JJAANNUUAARRYY 2277,, 22002255 PPAAGGEE 66 OOFF 77 SSEECCUURRIITTIIEESS The Applicant shall provide a Letter of Credit as security for the Applicant-installed improvements relating to North Creek Manufactured Home Park. The security will be required prior to issuance of a conditional use permit. CONSTRUCTION COSTS Connect Storm Drainage Connect to Country View Connect to Existing Sanitary Sewer Connect to Existing Watermain 20,000.00 10,000.00 10,000.00 10,000.00 Site Grading, Erosion Control, Restoration, Stormwater Basins and Grading Certification 170,000.00 SUBTOTAL - CONSTRUCTION COSTS $ 220,000.00 OTHER COSTS Applicant’s Design (3.0%) $ 6,600.00 Applicant’s Construction Survey (2.5%) 5,500.00 City’s Legal Expense (0.5%) 1,100.00 City Construction Observation (5.0%) 11,000.00 Applicant’s Record Drawing (0.5%) 1,100.00 Landscaping 164,550.00 SUBTOTAL - OTHER COSTS $189,850.00 TOTAL PROJECT SECURITIES $ 409,850.00 CCAASSHH FFEEEESS The Applicant shall submit the site and construction drawings in an electronic format. The electronic format shall be in .pdf and either a .dwg file (AutoCAD) or a .dxf format. A cash fee for one-year of the Environmental Resources Fee shall be paid at the time of final plat approval and is calculated as follows: 130 units x 0.25 x $61.52 / year = $1,999.40 Dwelling Units North Creek MHP Manufactured Homes Utility Factor Environmental Resources Fee Total A cash fee for the preparation of addressing, property data, and City base map updating shall be paid prior to issuance of a conditional use permit and is calculated as follows: 1 lot x $90.00/unit = $90.00 Lots North Creek MHP 2025 Rate Property Data & Asset/Infrastructure Mgmt. Fee North Creek MHP Page 236 of 237 NNOORRTTHH CCRREEEEKK MMAANNUUFFAACCTTUURREEDD HHOOMMEE PPAARRKK JJAANNUUAARRYY 2277,, 22002255 PPAAGGEE 77 OOFF 77 The City shall invoice the Applicant for as-built services as based on consultant hourly rates. The Applicant shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00%) of the estimated construction costs, or $6,600.00. CASH REQUIREMENTS Sanitary Sewer Availability Charge Storm Sewer Charge $42,510.00 185,348.59 Environmental Resources Management Fee MS4 Admin Fee 1,999.40 13,088.00 City Engineering Administration 6,600.00 TOTAL CASH REQUIREMENTS $249,545.99 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the site plan, grading plan, erosion control plan, and utility plan for North Creek Manufactured Home Park, subject to the requirements and stipulations within this report. Page 237 of 237