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04-07-2025
AGENDA CITY COUNCIL MEETING April 7, 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: 233 404 537 029 or by calling Toll Number 1-323-433-2142; Conference ID: 660 796 843#. 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. CricHub Sports Academy Scholarship Fund Donation b. 2025 Arbor Day Proclamation c. Public Works Quarterly Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 03/17/2025 City Council Meeting c. Minutes of the 03/24/2025 Work Session Meeting d. Amendment Number One to Supplemental Agreement with WSB for Professional Services for Lake Marion Greenway, CIP 26-15 e. Vonage Phone System Renewal f. Resolution Approving Municipal State-Aid Street System Revisions g. Supplemental Agreement with SEH for Professional Services for Citywide Trail Gaps Improvements (Phase II) h. Contract for Roof Replacement at the Heritage Center i. Proposal for Professional Planning and Design Services with ISG, Inc. for East Community Park Phase II j. Agreement with Blue Water Science for Professional Services for Lake Management Page 1 of 362 City Council Meeting Agenda April 7, 2025 Page 2 k. Supplemental Agreement with WSB for Professional Services for Rough Fish Assessment and Management on East Lake l. Contract for Stump Removal Services m. Purchase of Water Meters n. Professional Services Agreement with CNH Architects o. Contract for Street Surface Sealing p. Agreement with Davey Resource Group for Professional Services for Vegetation Management q. Resolution Approving Charitable Gambling for Lakeville Soccer Club r. Temporary on-sale liquor license to Dakota Curling Club s. Agreement with JustFoia for Public Records Request Management t. Resolution Appointing Kristy Harms to the Lakeville Area Arts Center Advisory Board u. Brookshire 2nd Addition Encroachment Agreement v. WaterSmart Customer Portal Annual Renewal w. Park Restroom Cleaning Services Agreement with Vanguard Cleaning Systems of MN. 7. Action Items a. Public Hearing and Award of Contract for the 2025 Street Reconstruction/Rehabilitation Improvement Project 25-02 b. Public Hearing for Vacation of Drainage and Utility Easements and Spirit of Brandtjen Farm 25th Addition Preliminary Plat and PUD Amendment c. Public Hearing and Resolution Adopting Assessment For Unpaid Special Charges d. Lord of Life Townhomes Preliminary Plat, Variance, and Easement Vacation 8. Unfinished Business 9. New Business 10. Announcements a. Next Regular City Council Meeting April 21, 2025 b. Next Work Session Meeting April 28, 2025 11. Adjourn Page 2 of 362 Date: 4/7/2025 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview Checks 325524- 325684 $2,087,182.63 ACH/EFT 20140- 20330 $2,903,500.34 Total $4,990,682.97 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. 03.25.25CKSUM-ACH-EFT 2. 03.25.25CKSUM-Checks 3. Check Register 03.25.25 for Apr 7, 2025 Council Mtg - ACH-EFT 4. Check Register 03.25.25 for Apr 7, 2025 Council Mtg - Checks Financial Impact: $4,990,682.97 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 3 of 362 Page 4 of 362 Page 5 of 362 MINUTES CITY COUNCIL MEETING March 17, 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; Joe Masiarchin, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Taylor Snider, Assistant to the City Administrator; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director. 3. Citizen Comments Kurt Mecus 17265 North Creek Lane: Asked Council to implement a "jake brake" ordinance. He told Council that he spoke with Dakota County and was told if Lakeville passes an ordinance the County will make the signs. 4. Additional agenda information 5. Presentations/Introductions a. Proclamation recognizing Kilo the K9 on his retirement and honoring Sergeant Tom Danielson for his service Council read a proclamation recognizing Kilo and Sergeant Danielson for their service to the City of Lakeville. Chief Paulson presented a plaque to Sergeant Danielson that recognized his and Kilo's service and dedication to promoting safety within the Lakeville community. 6. Consent Agenda Motion was made by Bermel, seconded by Wolter, to approve the Consent Agenda. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Page 6 of 362 City Council Meeting Minutes March 17, 2025 Page 2 a. Check Register Summary b. Minutes of the 03/03/2025 City Council Meeting c. Resolution Approving Active Transportation Program Grant Agreement With the Minnesota Department of Transportation for 185th Street Expansion Between Kenwood Trail and Ipava Avenue d. Acceptance of Donation from Mona and Phil Bachman to the Lakeville Fire Department e. Antlers Park Landscape Services Contract with Jeff Reisinger Lawn Service, Inc. f. Park Mowing & Landscape Services Contract with VonBank Lawn Care, Inc. g. Resolution Calling a Public Hearing on Proposed Assessments for City Improvement Project 25-02 h. 2025 Miscellaneous Improvements Project Award of Construction Contract i. Resolution Authorizing Continued Participation in the Dakota County Community Development Block Grant, Home Investment Partnership and Emergency Solutions Grant Entitlement Programs for Fiscal Years 2026 through 2028 j. Agreement with Seal King for Trail Crack Sealing k. Approval of Local Affordable Housing Aid Agreement l. Airlake DEA Final Plat m. Contract for Right of Way and Parks Tree Planting Services n. Contract for 2025 Spring Park Tree Planting Services Page 7 of 362 City Council Meeting Minutes March 17, 2025 Page 3 o. Ordinance Amending Title 11 of the City Code and Summary Ordinance for Publication p. Resolution Appointing Members to Advisory Boards, Committees, and Commissions q. Resolutions Approving Changes to the Lakeville Area Arts Center Advisory Board and the Parks, Recreation and Natural Resources Advisory Committee r. Resolution Amending the 2024 General Fund Budget 7. Action Items a. Marketplace at Cedar Preliminary Plat and Conditional Use Permit Lakeville Community Development Director Tina Goodroad introduced Jay Moore from Oppidan Investment Company to present to Council. They requested the preliminary approval of nine commercial lots and five outlots to be known as Marketplace at Cedar. They also requested a conditional use permit to have a lot without public street frontage. This area will provide a variety of businesses. The Planning Commission recommended approval of these requests. Council found it exciting to see this corner being developed in a way that meets the wants and needs for more retail options in Lakeville. Motion was made by Lee, seconded by Bermel, to approve the following: Marketplace at Cedar Preliminary Plat and Conditional Use Permit Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter b. Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $22,250,000 General Obligation Bonds, Series 2025A Finance Director Julie Stahl presented to Council about our positive bond sale earlier in the day. She also informed Council that Moody's confirmed our Aaa bond rating. Jessica Green, Managing Director at Northland Securities, also presented to the Council regarding the bond sale. She gave an overview of the sale and announced that we received thirteen bids and that Piper Sandler from Minneapolis is the apparent low bidder. Council was curious as to why we received as many bids as we did. Green noted that the size of the bonds was attractive and drew national attention. The number of bids reflected that the City is very strong, which was further shown by Moody's rating. Page 8 of 362 City Council Meeting Minutes March 17, 2025 Page 4 Motion was made by Wolter, seconded by Volk, to approve the following: Resolution Authorizing Issuance, Awarding Sale, Prescribing the Form and Details and Providing for the Payment of $22,250,000 General Obligation Bonds, Series 2025A. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 8. Unfinished Business 9. New Business 10. Announcements a. Next Work Session March, 24, 2025 b. Next City Council Meeting April 7, 2025 11. Adjourn Motion was made by Bermel, seconded by Lee, to adjourn. Voice vote was taken on the motion. Ayes - All Mayor Hellier adjourned the meeting at 6:26 p.m. Respectfully Submitted, Taylor Snider, Assistant to the City Administrator Luke M. Heller, Mayor Page 9 of 362 MINUTES CITY COUNCIL WORK SESSION March 24, 2025 - 6:00 PM Lakeville City Hall, Marion Conference Room 1.Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6:00 p.m. Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Julie Stahl, Finance Director; Joe Masiarchin, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Jim Puncochar, Commander; Tana Wold; Liquor Operations Director 2.Citizen Comments None 3.Discussion Items a.Heritage Liquor Store Study Liquor Operations Director Tana Wold introduced Robert Strachota and Jackson Wiberg from the Shenehon Company. Mr. Strachota explained that the current lease for the Heritage Liquor store is set to expire in June 2027. His firm conducted a comprehensive market study to assess the suitability of the current location and, if necessary, identify alternative locations in coordination with Lakeville's other three stores. The study proves that the Heritage Liquor store is the top performer despite having the smallest square footage. If the store had more room, they could keep more products on site and maximize sales. The population will continue to drive the demand, and the city is missing revenue because this store is not meeting the demand. The City Council explored four possibilities: 1. Continuing to lease the current location 2. Continue to lease the current location with an expansion 3. Purchase the existing store and expand the space 4. Construction of a new store on nearby available land parcels The Council directed staff to talk to landowners in the area and explore possible options. If the Council decides not to build, the City could still sell the property. Page 10 of 362 City Council Work Session Minutes March 24, 2025 Page 2 b.Fourth Quarter 2024 Preliminary General Fund Financial Report Finance Director Stahl presented the 2024 fourth-quarter financial report, which shows variances between the amended and estimated budgets. c.Social Host Ordinance Commander Puncochar presented a draft amendment to Lakeville's social host ordinance (5-7) that discourages underage possession and consumption of alcohol, even within the confines of a private residence. The ordinance is designed to hold persons responsible who host events or gatherings where underage persons possess or consume alcohol, whether the person hosting the event supplied the alcohol or not. Given the changes to state law, as it relates to cannabis, consideration should be given to incorporating this into the existing social host ordinance, as both alcohol and cannabis can be consumed legally by persons of a certain age. The City Council supported this amendment. d.Leash Law Discussion Commander Puncochar explained the challenges to the current leash law ordinance on controlling dogs in our community. City ordinance (5-1-9) states that dogs must be controlled by a leash not exceeding 25 ft. in length unless a dog has passed a suitable training program and is under voice control of the handler, except when a pedestrian approaches within 100 ft. Some residents have requested that the ordinance be amended to require dogs to be leashed at all times in public areas to minimize conflict with other dogs or pedestrians. As with other misdemeanor offenses, generally, any violation must be witnessed by an officer or community service officer to be enforced by citation. Many times, the complaint comes in, and the situation has changed by the time the officer arrives, or the dog or dog owner is no longer in the area. This makes it impossible to enforce. The City Council discussed potential modifications, such as adding an electric collar component, eliminating the off-leash component altogether, and designating certain park areas as "on-leash only." Parks and Recreation Director Joe Masiarchin added that the master plans include a couple of drafts that would identify areas for an "off-leash" dog park. Laxmi Iyengar, 16281 Duskwood Trail, addressed the City Council and asked them to consider a leash law. She had a bad experience with a dog attack and fears that kids will be afraid to visit the parks because of the dogs who are not leashed. Mary Jane Haschig, 16277 Duskwood Trail, addressed the City Council. She added that many cities have adopted leash laws and would like Lakeville to consider them. Mike Glen, Judicial Road, added that he is more concerned about the cats not being leashed in the city. The cats are eliminating the songbirds. Page 11 of 362 City Council Work Session Minutes March 24, 2025 Page 3 The City Council directed staff to consider a simplified leash law and areas for "off- leash" dog parks in Lakeville. 4.Items for Future Discussion None 5.Committee/ City Administrator Updates Bermel - attended the I-35 Solutions Alliance meeting and the Airlake Advisory Commission Meeting Hellier - attended Public Safety Day at the Regional Meeting of Mayors and reported that the MLC will be meeting with Governor Walz; ALF has invited the Mayor and City Administrator to tour their offices, and the Mayor asked Councilmember Lee to attend Lee - shared the 2025 Market Value Update from Commissioner Mary Liz Holberg and attended the Access and Issues Meeting. 6.Adjourn Motion was made by Bermel, seconded by Wolter, to adjourn at 7:30 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 12 of 362 Date: 4/7/2025 Amendment Number One to Supplemental Agreement with WSB for Professional Services for Lake Marion Greenway, CIP 26-15 Proposed Action Staff recommends adoption of the following motion: Move to approve amendment number one to Supplemental Agreement with WSB for Professional Services for Lake Marion Greenway, CIP 26-15. Overview The construction of the Lake Marion Greenway project is a joint partnership between the City and Dakota County. The project includes trail connectivity construction and improvements from downtown Lakeville to Ritter Farm Park. Once completed, the greenway will travel 20 miles through Burnsville, Credit River Township, Farmington, Lakeville and Savage. WSB has completed a feasibility study for the project and is providing professional services for the project. The attached amendment to their agreement with the City includes additional scope of work to include the development and design of two trailheads as part of the Lake Marion Greenway project. The trailheads will be located in Downtown Lakeville and Ritter Farm Park. Amenities at the trailheads could include bike racks, wayfinding signs, fix-it station, drinking fountain, restrooms and landscaping. The cost of these services shall not exceed $23,626.00 for the development and design of two trailheads. Supporting Information 1. Amendment Number One to Supplemental Agreement with WSB for Professional Services for Lake Marion Greenway Financial Impact: $23,626.00 Budgeted: Yes Source: Trail Improvement Fund and Dakota County Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Joe Masiarchin, Parks and Recreation Director Page 13 of 362 pw:\\wsbeng-pw.bentley.com:wsbeng-pw-01\Documents\Projects\Minnesota\027938- 000\01_Project_Management\Contract\ March 17, 2025 Mr. Joe Masiarchin Parks & Recreation Director City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 RE:Lake Marion Greenway Improvements Phase 1 (Preliminary and Final Engineering), CP 26-15 Amendment No. 1: Trailhead Development Dear Mr. Masiarchin On behalf of WSB we are pleased to submit this Amendment for Professional Services Agreement, dated January 21, 2025, to provide engineering services to the City. Specifically, our services will include project management and trailhead development/design. WSB will provide the services as outlined in the attached “Scope of Work: Lake Marion Greenway 2025 Trailhead Development” PROPOSED FEE Our budget was developed based on our understanding of the scope and experience with past construction projects in the City of Lakeville. We estimate an hourly not to exceed fee of $23,626. The proposed scope and fee presented herein represents our complete understanding of the project based on site visits and discussions with City staff. If you have any questions or concerns, please feel free to contact DJ Sosa at (612) 214-9244 | dsosa@wsbeng.com. Once again, we appreciate the opportunity to submit this proposal and look forward to working with you and your staff. Sincerely, WSB DJ Sosa, PE Principal/Sr. Project Manager Monica Heil, PE Vice President of Municipal Services Attachments Page 14 of 362 Mr. Joe Masiarchin March 17, 2025 Page 2 pw:\\wsbeng-pw.bentley.com:wsbeng-pw-01\Documents\Projects\Minnesota\027938- 000\01_Project_Management\Contract\ Cc: Travis Wieber, WSB Candace Amberg, WSB ACCEPTED BY: City of Lakeville By: Luke Hellier, Mayor Date: Attest: Ann Orlofsky, City Clerk Page 15 of 362 Amendment Scope of Work Lake Marion Greenway – Trailhead Development Page 1 Draft Scope of Work – Lake Marion Greenway 2025 Trailhead Development WSB will amend the Contract and complete the tasks listed below to include two trailhead developments as part of the Lake Marion Greenway Trail project. 1. Project Management, Coordination, and Quality Control/Quality Assurance Task 1 will involve overall project management, including coordination with the City of Lakeville, and quality control/quality assurance to ensure the final deliverables meet required standards. 2. Trailhead Development Task 2 will involve development of two trailheads as part of the Lake Marion Greenway Trail corridor final design. Assumptions & Exclusions: It is assumed the trailhead in the downtown Lakeville will not include a restroom facility but will contain pavements, bike racks, benches, receptacles, kiosk per the Dakota County Wayfinding sign design, fix-it station, drinking fountain, a security light, and landscaping. It is assumed the trailhead in Ritter Farm Park will contain the same amenities as the downtown trailhead and may also contain a pre-fabricated restroom structure. It is assumed the City will provide as-built information for all existing utilities in both trailhead locations, including Ritter Farm wells and septic fields. Primary water, sanitary, and electrical services will be provided up to within 5 feet of the proposed restroom location, all other MEP designs are excluded. Electrical plans will include a security light at each trailhead location. Architectural design services are excluded. Well design, sanitary field design, and lift station designs are excluded. Structural engineering is excluded. 2.1 Schematic Design Options WSB will develop schematic design options for each of the two trailhead locations illustrating general sizes, locations, and options for amenities. The trailhead in downtown Lakeville will utilize the existing concept plans as a guide and will include up to two options for consideration related to overall layout, size, and design intent. It is our understanding this trailhead will not include a restroom building. The Ritter Farm trailhead location will include up to three schematic design options and related infrastructure for consideration. This includes an analysis of sanitary service options to include a vault restroom option, septic tank with lateral field or mound system, or connection to existing septic tank and lateral field to determine feasibility and Page 16 of 362 Amendment Scope of Work Lake Marion Greenway – Trailhead Development Page 2 cost considerations. Water service options will analyze the existing system to determine if water volume and pressure are adequate for the new restroom building. Options may include a pressure tank with booster pump or recommendations for a new well. Deliverables: Schematic Design Options / Graphics 2.2 SD Design Review Meeting WSB will hold a virtual design review meeting with the Client / Design Team to review the trailhead schematic design options for feedback and determination of preferences to carry forward into design development. 2.3 Design Development & Estimation WSB will prepare design development plans and details that illustrate spatial configurations, material selections, construction methods, and related infrastructure. The plans will be taken to a 30% complete level with a corresponding estimate of probable costs. Deliverables: Design Development Plans & Details Estimate of Probable Costs 2.4 DD Design Review Meeting WSB will hold a virtual design review meeting with the Client / Design Team to review the 30% plans, details, and estimates for feedback and identify refinements to ensure the design meets the project goals and budget. 2.5 Final Design & Estimation WSB will take the trailhead designs from the 30% through to 100% complete level with associated technical specifications. Deliverables: Final Design Plans & Details Technical Specifications Estimate of Probable Costs Proposed Fee WSB is proposing a not to exceed fee of $23,626. Page 17 of 362 Sr.LA Utility Water Sanitary Project Total Task Description PM LA Support Sr. Eng Engineer Engineer Electrical Controls Hours Cost 1.0 Project Management, Coordination, QA/QC 1 2 1 4 919.00$ 2.0 Trailhead Design 0 -$ 2.1 Schematic Design Options 3 12 5 2 10 3 35 5,783.00$ 2.2 SD Design Review Meeting (virtual)1 1 1 3 738.00$ 2.3 Design Development & Estimation 8 24 1 8 8 49 7,960.00$ 2.4 DD Design Review Meeting (virtual)1 1 1 3 738.00$ 2.5 Final Design & Estimation 8 20 1 8 8 45 7,488.00$ 0 -$ 0 -$ Total Hours 3 21 56 11 18 10 19 1 139 2025 Hourly Costs $264.00 $218.00 $118.00 $256.00 $140.00 $140.00 $251.00 $143.00 Fee $792.00 $4,578.00 $6,608.00 $2,816.00 $2,520.00 $1,400.00 $4,769.00 $143.00 $23,626.00 City of Lakeville Trailhead Development Lake Marion Greenway Trail Detailed Cost Breakdown of Tasks Page 18 of 362 Date: 4/7/2025 Vonage Phone System Renewal Proposed Action Staff recommends adoption of the following motion: move to renew our contract with Vonage phone services for three years. Overview In 2020, the City of Lakeville moved phone systems to Vonage. This transition provided crucial components for our COVID response, disaster recovery planning, and our ability to rapidly adapt for snow emergencies. During that period, we have expanded our ability to communicate online with web portals, self-sign-up enrollment systems, and contact forms, but phone systems remain pivotal in everyday communications. Vonage has agreed to renew our current pricing for three additional years. Supporting Information 1. City of Lakeville_VBC - Addendum_Shawn Grimm_2025-03-19_3 Financial Impact: $6000 / month Budgeted: Yes Source: General Fund, Water / Sewer Fund, & Liquor Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Trevor Stewart, IT Manager Page 19 of 362 VB/VBC/ADDENDUM/v3 ADDENDUM TO VONAGE BUSINESS SERVICE TERMS Sales Order # Q1046361 This Addendum is executed by and between Vonage Business Inc. ("Vonage Business") and the customer identified in the signature block below ("Customer") in connection with the above- referenced Sales Order ("Sales Order"). This Addendum supplements or amends the terms and conditions set forth at https://www.vonage.com/legal/unified-communications/tos/global-vbc- tos/ (the "Service Terms"), which are referenced in and made part of the Sales Order. To the extent of any inconsistency between this Addendum and the Service Terms, this Addendum will control. Except as amended or supplemented by this Addendum, the Service Terms otherwise remain unchanged and in full force and effect. Defined terms in this Addendum have the same meaning given such terms in the Service Terms. Notwithstanding anything to the contrary in the Service Terms, the Parties hereby agree as follows: 1. SERVICE TERM EXTENSION The current Service Term is hereby revised to a 36-month Service Term commencing upon execution of this addendum (the “Term Commitment”) for the Services referenced below. Following the Term Commitment, the Services will auto-renew pursuant to the Service Terms. Service Quantity Rate Price Per Seat/Per Month 10DLC SMS Campaign Monthly fee 1 $2.00 $2.00 Business Number Inbox 15 $0.00 $0.00 Call Group 16 $0.00 $0.00 Call Queue w/ Usage 4 $14.99 $59.96 Hold Number 608 $0.00 $0.00 Local Company Number 20 $0.00 $0.00 Local Paperless Fax 1 $9.99 $9.99 Metered Extension 145 $7.99 $1,158.55 Mobile Unlimited Extension 40 $12.99 $519.60 Page 20 of 362 VB/VBC/ADDENDUM/v3 On-Demand Call Recording 3 $2.99 $8.97 Personal Fax 288 $0.00 $0.00 Unlimited Extension 113 $16.99 $1,919.87 VBC for Microsoft Teams 1 $0.00 $0.00 Virtual Receptionist 17 $0.00 $0.00 Vonage for Office 365 287 $0.00 $0.00 Yealink CP920 Conf Phone w/Power Supply - Rental 5 $9.99 $49.95 Yealink DECT IP Phone W60 Package - Rental 4 $4.99 $19.96 Yealink T42S w/Power Supply - Rental 131 $0.00 $0.00 Yealink T46S w/Power Supply - Rental 117 $0.00 $0.00 The authorized representatives of Vonage Business and Customer have executed this Addendum below: Vonage Business Inc. City of Lakeville By: {{__evi__Signer2_es_:signer2:signature}} Name: Jenna Giles Title: Director, Consumer Success By: {{__evi__Signer1_es_:signer1:signature}} Name: {{__evi__SignerName1_es_:signer1:fullname:required}} Title: {{__evi__Title1_es_:signer1:title:required}} Date: Date: {{__evi__Dte1_es_:signer1:date:required}} Page 21 of 362 Date: 4/7/2025 Resolution Approving Municipal State-Aid Street System Revisions Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving Municipal State-Aid Street System Revisions. Overview The Municipal State-Aid (MSA) Street program allows cities with populations of 5,000 or more to designate 20% of its local streets as MSA routes. The MSA street system revisions listed below include designating 1.43 miles of local streets as new MSA streets. The proposed MSA street system revisions leave the City with a balance of 0.73 miles available for future MSA designation. The streets listed below meet MSA Street program criteria and are eligible for MSA street designation, and can be used in the calculation of the City's 2025 MSA allotment. MSA Street Designations • 179th Street (future CSAH 9): Pilot Knob Road (CSAH 31) to Draft Horse Boulevard • Draft Horse Boulevard: 179th Street (future CSAH 9) to 170th Street Supporting Information 1. 2025.04.07 Resolution Approving MSAS System Revisions 2. 2025 MSAS System Revision Exhibit 3. 2025.03.14 MnDOT Preapproval Letter Financial Impact: $0 Budgeted: Yes Source: N/A Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Alanna Sobottka, Civil Engineer Page 22 of 362 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 25- Resolution Approving Municipal State-Aid Street System Revisions WHEREAS, it appears to the City Council of the City of Lakeville that the streets hereinafter should be designated Municipal State-Aid Streets under the provisions of Minnesota Law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville that the streets be described as follows, to-wit: MSA Street Designations •179th Street (future CSAH 9): Pilot Knob Road (CSAH 31) to Draft Horse Boulevard •Draft Horse Boulevard: 179th Street (future CSAH 9) to 170th Street be, and hereby are established, located and designated as Municipal State-Aid Streets of Lakeville, subject to the approval of the Commissioner of Transportation of the State of Minnesota. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to forward two certified copies of this resolution to the Commissioner of Transportation for consideration, and that upon approval of the designation of said streets or portions thereof, that same be constructed, improved and maintained as Municipal State-Aid Streets of the City of Lakeville, to be numbered and known as a Municipal State-Aid Street. ADOPTED by the City Council this 7th day of April 2025. BY: _______________________ Luke M. Hellier, Mayor ATTEST: ________________________ Ann Orlofsky, City Clerk Page 23 of 362 Page 24 of 362 State Aid for Local Transportation 395 John Ireland Blvd., MS 500 St. Paul, MN 55155 An equal opportunity employer TO: Zach Johnson Lakeville City Engineer FROM: William Lanoux Manager, Municipal State Aid Needs Unit DATE: March 14, 2025 SUBJECT: Municipal State Aid Designations The following Municipal State Aid Street designations will be approved when the City Council resolution has been received. MSAS 170: 179th Street W.– from Pilot Knob Road to Draft Horse Boulevard (0.91 miles) MSAS 171: Draft Horse Boulevard – from 179th Street W. to 170th Street W. (0.52 miles) A Commissioner's Order will follow. Needs Update Comments: Routes can receive Needs and be used in the calculation of your 2026 allotment. Include this revision with your 2025 spring Needs update (this year). Certification of Mileage Update Comments: You can include these revisions on the 2025 Annual Certification of Mileage that is due in January 2026. If you have any questions, contact your DSAE or Bill Lanoux at (651) 366‐3817 for instructions. Available Mileage 2.16 2024 Certified Mileage + Revoked Mileage 0.00 - Designated Mileage 1.43 Remaining Available Mileage 0.73 Page 25 of 362 Date: 4/7/2025 Supplemental Agreement with SEH for Professional Services for Citywide Trail Gaps Improvements (Phase II) Proposed Action Staff recommends adoption of the following motion: Move to approve SEH supplemental agreement for professional services for Citywide Trail Gaps Improvements (Phase II), City Project 23-06. Overview The City Council approved supplemental agreements for preliminary and final engineering on January 18, 2022, and July 17, 2023. The original agreements were based on project scopes developed using the best available data along the corridors and results from previous projects of similar scope. This supplemental agreement reflects changes to the project scopes that were identified during final engineering design and not included in the initial proposal. The supplemental agreement includes additional engineering services related to retaining wall modifications along Highview Avenue to reduce impacts to North Creek and existing floodplain, soil corrections/soil surcharge along Cedar Avenue to address poor soil conditions, and preparing State Aid plan packages for funding eligibility. The changes to the projects' initial proposal added value to the overall project and SEH was able to complete the designs within the project schedule. SEH's supplemental agreement identifies the scope of services and cost required to provide the added work to the final engineering design process. The proposal is subject to the Master Agreement for Professional Engineering Services between the City and SEH approved by the City Council on September 20, 2021. The City and Dakota County are partnering to complete the trail improvements along Cedar Avenue and will share project responsibilities and costs, consistent with the adopted County 2040 Transportation Plan Cost Share policies and as established in the project’s Joint Powers Agreement. The City is the lead agency; therefore, the total cost is reflected in this memo. The City’s estimated net cost is $22,765. Supporting Information 1. 2025.03.24 SEH Supplemental Agreement - Final Design Financial Impact: $48,530 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Alanna Sobottka, Civil Engineer Page 26 of 362 Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110-3507 651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer SUPPLEMENTAL LETTER AGREEMENT March 24, 2025 RE: City of Lakeville Project No. 23-06 City Wide Trail Gap Improvements Preliminary and Final Engineering – Amendment No. 3 City of Lakeville, Minnesota SEH No. LAKEV 165437 10.00 Ms. Alanna Sobottka Civil Engineer City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Dear Alanna: Based on the City of Lakeville’s request, Short Elliott Hendrickson Inc. (SEH®) is submitting this Supplemental Agreement (agreement) for additional engineering services that were not included in our existing contract. The additional services are associated with the Highview Avenue sheet pile wall, Cedar Avenue soil correction and surcharge, and preparation of submittals to MnDOT State Aid. Further detail of the increased scope and associated fees are detailed below. Highview Avenue Sheet Pile Wall The original proposed design solution for Highview Avenue consisted of a cast-in-place extension of the existing concrete box culvert. However, due to permitting repercussions (including construction within the stream of North Creek and fill within the floodplain), the decision was made during design to pivot to a sheet pile wall design solution. Ultimately this solution was more cost effective, easier to construct, and simplified the permitting process. The design of the sheet pile wall introduced additional design elements that were not included in our existing contract. Cedar Avenue Soil Correction and Surcharge The Cedar Avenue segment was removed from the 2023 bid package before SEH geotechnical staff had fully investigated the soil conditions. When final design of this segment commenced for the 2025 bid package, it was noted that poor soils were present within the corridor, requiring the design of both a soil correction (at retaining wall B) and a surcharge to compress the poor soils to accommodate trail construction. Neither of these were anticipated to be required with our existing contract. MnDOT State Aid Submittal Our original understanding was that the project was to be funded using only local funds. However, we learned in summer 2024 that Dakota County would fund their portion of the Cedar Avenue (CSAH 23) segment with MnDOT State Aid funds. This necessitated the preparation of two submittals to State Aid for plan review and added time to address plan comments from MnDOT State Aid and Bridge Office. Page 27 of 362 Ms. Alanna Sobottka March 24, 2025 Fee Breakdown The following is a summary of the additional scope items and associated fees and reimbursable expenses. Location Associated Fees/Expenses Highview Avenue Sheet Pile Wall $18,218 Cedar Avenue Soil Correction and Surcharge $13,565 MnDOT State Aid Submittal $16,747 Total Supplemental Agreement Amount $48,530 If approved, our contract will increase from $632,888.00 to 681,418.00. We will bill the City monthly for reimbursable expenses and on an hourly basis for labor. We will provide these services in accordance with our 2021 Professional Services Agreement. We appreciate the opportunity to provide the City of Lakeville with this agreement. Please contact me at wbauer@sehinc.com or 952.912.2629 if you have any questions, comments, or concerns. If this agreement is acceptable, please sign and return a copy. Sincerely, SHORT ELLIOTT HENDRICKSON INC. William Bauer, PE, ENV SP Project Manager (Lic. IA, MN, SD) x:\ko\l\lakev\165437\1-genl\10-setup-cont\02-contract\amendment no. 2\lakev trail gap imprvmnts amndmnt 2 03252023 - draft.docx Accepted this day of , 2025 CITY OF LAKEVILLE, MINNESOTA By: By: Title: Title: Page 28 of 362 Date: 4/7/2025 Contract for Roof Replacement at the Heritage Center Proposed Action Staff recommends adoption of the following motion: Move to award a contract for roof replacement at the Heritage Center to Peterson Bros Roofing and Construction Inc. Overview The existing ethylene propylene diene monomer (EPDM) roofing system at the Heritage Center is 26 years old, has reached the end of its service life and has been recommended for replacement in the last roofing survey conducted by the cities roofing consultant. Staff recommends replacing the EPDM roof with a modified built-up roof system, which offers increased durability and weather resistance. Staff solicited bids and received three bids from qualified roofing contractors. The bids received as follows include the base bid amount plus the wet installation removal allowance which makes up the contract price: • Peterson Bros Roofing and Construction, Inc $672,900 • B.L. Dalsin Roofing $708,949 • McPhillps Brothers $823,835 After careful review of the bids staff recommends proceeding with Peterson Bros Roofing and Construction, Inc. The company has demonstrated experience in similar roofing projects and meets all necessary qualifications for the project. Supporting Information 1. Agreement_Heritage Center_2025 Reroof Project_Peterson Bros 2. Letter of Recommendation / Bid Tabulation/ Design Spec Financial Impact: $672,900 Budgeted: Yes Source: Facility CIP Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Tom Breeggemann, Facility Supervisor Page 29 of 362 1 219647 Page 30 of 362 2 219647 Page 31 of 362 3 219647 Page 32 of 362 4 219647 Page 33 of 362 5 219647 Page 34 of 362 6 219647 Page 35 of 362 7 219647 Page 36 of 362 8 219647 Page 37 of 362 9 219647 Page 38 of 362 10 219647 18 Page 39 of 362 11 219647 Page 40 of 362 Page 41 of 362 Page 42 of 362 Page 43 of 362 Page 44 of 362 Page 45 of 362 Page 46 of 362 Page 47 of 362 Page 48 of 362 N/A 41-1351452 Page 49 of 362 THE GARLAND COMPANY, INC. High Performance Roofing And Waterproofing Systems 3800 EAST 91ST. STREET • CLEVELAND, OHIO 44105-2197 PHONE: (216) 641-7500 • FAX: (216) 641-0633 NATIONWIDE: 1-800-321-9336 Brian Murrell Phone: 651.666.0901 bmurrell@garlandind.com March 19th, 2025 Attn: Mr. Tom Breeggemann City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 RE: Letter of Recommendation – City of Lakeville – Heritage Center – 2025 Roof Replacement Project Mr. Breeggemann On Tuesday, March 18th, 2025, at 1:00PM CST sealed bids were publicly opened for the City of Lakeville – Heritage Center – 2025 Roof Replacement Project. After review of the bids results it is our recommendation to approve the Base Bid to Peterson Brothers Roofing of St. Paul, MN for the Base Bid amount of $672,900.00 (the Base Bid number includes both the M/E/P Modifications & Wet Insulation Allowance). Included in this document are the bid tabs and roof map/scope of work. Peterson Brothers Roofing has submitted all the required bid documents and bid forms along with its bid proposal as required by the project specifications and the state of Minnesota. If you have any further questions or require further assistance, please feel free to contact me at (651) 666-0901. Thank you, Brian Murrell The Garland Company Territory Manager M: (651) 666-0901 Page 50 of 362 CITY OF LAKEVILLE 2025 HERITAGE CENTER REROOF PROJECT BID TABS March 18th, 2025 @ 1PM BIDDER BIDDER BIDDER BL Dalsin Roofing McPhillips Brothers Peterson Bros. Roofing MANUFACTURER'S CHECK LIST Yes Yes Yes BID SECURITY Yes Yes Yes ADDENDUM REC'D (1 & 2)Yes Yes Yes ANTICIPATED START DATE:May 1, 2025 October 1, 2025 September 15th, 2025 ANTICIPATED CONTRUCTION DAYS:30 40 45 BASE BID (INCLUDES M/E/P COST)$701,449.00 $815,835.00 $668,300.00 M/E/P COST $42,000.00 $42,000.00 $42,000.00 WET INSULATION ALLOWANCE $7,500.00 $8,000.00 $4,600.00 WET INSULATION PER BD/FT $4.35 $4.00 $4.25 DRAIN BOWL REPLACEMENT/UNIT $2,500.00 $2,500.00 $3,250.00 BAD DECKING REPAIR/SF (METAL)$27.50 $25.00 $37.50 BAD DECKING REPAIR/SF (WOOD)$12.50 $15.00 $26.00 BAD DECKING REPAIR/SF (CONCRETE)$400.00 $300.00 $250.00 ROOFING COMPANIES Page 51 of 362 CITY OF LAKEVILLE HERITAGE CENTER20110 Holyoke Ave., Lakeville, MN 55044SHEET NO. SHEET TITLE: THE INFORMATION CONTAINED HEREIN IS OF A PROPRIETARY NATURE AND IS SUBMITTED IN CONFIDENCE FOR USE BY THE CLIENTS APPROVED BY THE ORIGINATOR OF THIS DOCUMENT - ONLY. THE USE OF THESE DOCUMENTS FOR ANY OTHER PROJECTS, PURPOSE, LOCATION, PUBLICATION, REPRODUCTION OR DISTRIBUTION IN WHOLE OR PART, BY ANY INDIVIDUAL OR ORGANIZATION WITHOUT WRITTEN PERMISSION THE ORIGINATING COMPANY IS PROHIBITED. THE INFORMATION HEREIN REMAINS THE PROPERTY AND ITS USE OR DISCLOSURE TO OTHERS IS PROHIBITED FOR ANY USE NOT AUTHORIZED BY THE ORIGINATING COMPANY. NO. DATE REVISION DESCRIPTION ISSUED FOR BID#1 3-4-25 APPROVED FOR BIDDING Legend Scupper Plumbing stack Roof Curb Roof drain Skylight X XX Details ROOF DESIGN DIMENSIONS AND CORE DATA TO BE VERIFIED BY ROOFING CONTRACTOR 1 REPLACEMENT SCOPE: 1) Tear Off & Preparation – All bidding contractors are responsible to field measure and verify existing core data as needed to accurately bid the project. 2) Insulation – Stagger all insulation joints. Fasten base layer of insulation to deck per wind uplift calculations where applicable (wood & metal decks). Any wet insulation shall be replaced per the unit price found on the bid form. Proper change notice form must be submitted and signed for approval. Contractor to submit shop drawings for approval. All debris to be disposed of in a certified landfill. Wood Deck: a.) Remove the existing roof system and sheet metal down to the existing deck. b.) Mechanically fasten HPR glasfelt base sheet to deck. Apply insulation adhesive primer base sheet. c.) Adhere new rigid insulation base to deck using insulation adhesive. Fasteners shall not penetrate bottom of wood deck. Insulation adhesive ribbons to be install in 12" wide ribbons. Install subsequent layers of 1/8" tapered rigid insulation in solid moppings of type III hot asphalt as required. Concrete Deck: a.) Remove the existing roof system and sheet metal down to the existing deck. b.) Remove existing vapor barrier. Clean and prime the existing deck. c.) Install new 1/8" tapered rigid insulation system in solid moppings of Type III hot asphalt. Metal Deck: a.) Remove the existing roof system and sheet metal down to the top surface of insulation. Contractor may reinstall dry poly iso insulation per specifications. b.) Calculate the R-value for the existing insulation. Install additional rigid insulation in order to meet or exceed current R-value code requirements (existing & new combined). 3) Install tapered saddles, crickets, 12'X12' drain sumps, and overflow scuppers at all primary roof drain locations. Crickets and saddles shall slope twice that of the field of the roof. 4) Install ½” wood fiber recovery board set into solid moppings of Type III hot asphalt. Stagger all insulation joints from underlying layers. 5) Install the new modified bitumen roof system as specified. 6) Install new 24ga. Prefinished sheet metal throughout the perimeter and projections as shown in the detailed drawings and as specified. Maximum allowable face is 8“. All sheet metal must extend down to the field of the roof. NO EXPOSED FLASHINGS ALLOWED OWNER TO APPROVE COLOR 7) DIMENSIONS AND CORE DATA TO BE VERIFIED BY CONTRACTOR Drawing Scale: 1' = 30' OPEN OPEN A B C DE F G H I J BUILD NEW CURB “Roofing Contractor” to build new curb for existing AC unit. ROOF SYSTEM NOTES: 1) NEW ROOF SYSTEM ON AREAS IDENTIFIED PER DRAWING SHALL BE AS FOLLOWS: A) TWO-PLIES OF HPR GLASFELTS. B) ONE-PLY OF APPROVED MODIFIED FIELD MEMBRANE SET IN HOT ASPHALT. C) ONE-PLY OF MODIFIED FLASHING MEMBRANE WITH BASE FLASHING UNDERLAYMENT. D) FLOOD/GRAVEL SURFACING SET IN HOT ASPHALT. 2) All roof drains and primary scuppers shall receive 12' x 12' roof sump. 3) All roof penetrations shall have a min. of 8" flashing heights. 4) All penetrations and perimeters shall receive new 24 ga. Prefinished sheet metal extended down to the field of the roof. 5) All HVAC Disconnect/Reconnect and Unit Raising shall be provided by the “Others”. 6) All Electrical Disconnect/Reconnect shall be provided by the “Others”. 7) All Plumbing Disconnect/Reconnect shall be provided by the “Others”. 8) Contractor shall provide necessary “Over-Flow” Scuppers if one is not currently present. 9) Contractor shall replace lead pack/Watts drain assemblies. Procure and install new JOSAM 21500 series drain assembly. 10) Contractor shall at any primary scupper locations install new collector heads and “W” shaped downspouts, concrete splash blocks w/ 1.5" EXPS base. COVER EIFS “Roofing Contractor” to add ice & water shield over existing EIFS. Install 22-gauge sheet metal. 1 D1 2 D1 1 D1 2 D2 2 D2 1 D1 1 D1 2 D1 3 D2 1 D1 1 D1 2 D2 3 D2 3 D2 2 D2 3 D23 D2 1 D1 1 D1 1 D1 1 D1 3 D2 3 D2 1 D11 D2 3 D1 A-1 Raise Penetration: “Roofing Contractor” to Raise Penetration to Meet Manufacturer’s Minimum 8" Flashing Requirement. Install New Drain “Roofing Contractor” To Install New Roof Drain Above Deck. “Plumber” To Complete Below Deck Plumbing. CMU Wall Coping Cap: “Roofing Contractor” to install ice and water shield and new 24-gauge pitched coping cap. Extend ice and water shield 1" below top course of CMU . Metal to extend 2" below top course of CMU. Page 52 of 362 Date: 4/7/2025 Proposal for Professional Planning and Design Services with ISG, Inc. for East Community Park Phase II Proposed Action Staff recommends adoption of the following motion: Move to approve Proposal for Professional Planning and Design Services with ISG, Inc. for East Community Park Phase II. Overview In 2018, staff worked with a consultant to develop a master plan for the undeveloped portion of East Community Park, located north of the current park along Equestrian Way. Neighbors to the park were invited to a public meeting and asked to complete a survey to share feedback on what amenities they would like to see as part of the phase II construction of the park. Some of the elements included in the master plan included a trailhead and shelter, canoe/kayak boarding dock and racks, a variety of trails, nature play area and an additional parking area. In 2021, this master plan was presented as part of the Park Bond Referendum projects and funding was approved for the project. With construction slated to occur in 2026, updates to the master plan are necessary. ISG, Inc. has submitted the attached proposal for professional services for the planning and design of an updated master plan. This would include topographic surveys, wetland delineation, base map development and hosting a community engagement event and developing three concepts based on community and staff feedback. The total cost of these services is $57,800.00 with a project budget of $2,257,000.00 as approved in the 2021 Park Bond Referendum. The construction of East Community Park Phase II will be the final bond referendum project to be completed. Supporting Information 1. ISG, Inc. Proposal for Professional Planning & Design Services 2. East Community Park Location Map Financial Impact: $57,800.00 Budgeted: Yes Source: Park Bond Referendum Funds Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Joe Masiarchin, Parks and Recreation Director Page 53 of 362 March 20, 2025 Joe Masiarchin Parks & Recreation Director City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 jmasiarchin@lakevillemn.gov I & S Group, Inc. | 6465 Wayzata Boulevard + Suite 970 + St. Louis Park, MN 55426 + 952.426.0699 1 RE: Professional Planning + Design Services Proposal for East Community Park Phase 2 Master Plan Lakeville, Minnesota Joe, ISG appreciates the opportunity to provide the City of Lakeville with a professional services proposal to update the 2018 Master Plan and create a vision for the undeveloped portion of the park. The park provides several amenities to the surrounding neighborhood, featuring a playground, a picnic shelter with restrooms, tennis courts, paved trails, and a boardwalk. The main park development is to occur within the area below outlined in red, the area in yellow is to be considered for select water access and overlooks, and the area in blue is to be developed for nature trails. Page 54 of 362 Architecture + Engineering + Environmental + Planning | ISGInc.com 2 UNDERSTANDING Based on our understanding of the project and its preliminary budget of $2,575,000.00, the following programming items and opportunities will be considered during the master plan update phase: • Multi-use and natural-surface trails, including multi-use trail lighting • Approximately 40 stalls of parking • Trailhead and shelter, including: o Open area picnic space o Three- or four-season permanent restrooms o Kiosk with trail maps, bicycle repair station, and water fountain o Main access point to the Dakota County greenway trail system o Dakota County’s participation in cost sharing for a portion of the facilities • Open air shade or picnic shelters • Overlooks and fishing piers on the north and east sides of East Lake • Canoe and kayak water access and rentable racks • Nature-based play areas • Flexible open lawn space for lacrosse and/or soccer • Landscape restoration and stormwater management • Entry, wayfinding, and educational signage • Amenities and facilities that were not included in the 2018 Master Plan but should be considered: o Volleyball courts o Dog park o Community garden o Mountain bike-specific trails o Coordination with city environmental staff as there are existing agreements in place that must be taken into account Concepts will be developed to attract a variety of users, including hikers, bikers, children, fishing enthusiasts. Page 55 of 362 Architecture + Engineering + Environmental + Planning | ISGInc.com 3 SCOPE OF SERVICES ISG is committed to delivering excellence through the collective expertise of our multi-disciplinary team. With this collaborative approach, we will provide the following scope of services to meet your project needs. Due Diligence Topographic Survey (Area Outlined In Red) ISG will provide a topographic survey to locate existing elevations and topographic features such as buildings, streets, and utilities that may be incorporated into the overall site design. Partial Boundary Survey (Area Outlined In Red) ISG will search through County records to obtain the vesting document for the property corners circled in red. Researching the adjoining property descriptions may be necessary to determine if there are overlaps or gaps caused by incorrect or ambiguous legal descriptions. ISG will research and obtain any relevant surveys of record, original subdivision plats, and section corner reference ties. If a current title commitment is not provided, an abstractor may be utilized to perform a thorough search for recorded easements and encumbrances. After the record search is complete, ISG will conduct a field investigation to gather physical evidence of apparent occupation, including lot corner pins, or fences. While at the site, ISG will document site features like buildings, fence lines, sidewalks, and landscaping near the property lines. Field data will be analyzed and compared with the written record documents. A determination will be made to reconcile the record information to the evidence gathered for the parcel line location. Deliverables • Topographic survey • Boundary survey of northeast and northwest corners Level 2 Wetland Delineation An on-site Level 2 wetland delineation for all wetlands within the survey limits will be completed in accordance with procedures set forth by the U.S. Army Corps of Engineers 1987 Manual and 2010 Midwest Regional Supplement, and other applicable delineation procedures. The report will be prepared in accordance with the Guidance for Submittal of Delineation Reports to the St. Paul District Army Corps of Engineers and Wetland Conservation Act (WCA) Local Governmental Units (LGU) in Minnesota, Version 2.0 (March 4, 2015). The investigation will be conducted by a Certified Wetland Professional and will entail data assemblage, precipitation analysis, field work, report preparation, Technical Evaluation Panel (TEP) submittal, and client representation. Deliverables • Wetland delineations within the survey limits • Wetland delineation report Base Map Development ISG will create a to-scale base map for the site using the survey and wetland delineation results, as-built data provided by the City, and high-resolution aerial photos. The base map will be used as the foundation for the preliminary concept plans. Deliverables • One (1) PDF base map Page 56 of 362 Architecture + Engineering + Environmental + Planning | ISGInc.com 4 Kickoff Meeting + Site Visit ISG will facilitate a kickoff meeting with the City at the park. The following will be discussed in detail to align team members before the project progresses: • Goals, objectives, scope, timeline, and deliverables • Review the basemap, including survey and wetland delineation data • Logistics and timing of community engagement event • Preferred lines of communication, points of contact, the City’s desired level of involvement, protocols and procedures for scheduling meetings, and related project management details Deliverables • One (1) in-person kickoff meeting and meeting minutes • Summary of the proposed program, including an updated list of needs • Summary of design standards and guidelines Preliminary Concept Development ISG will prepare up to three (3) preliminary sketch concepts for the site and three (3) preliminary floor plan sketches for the trailhead building based on the project understanding described within this proposal. Concepts will include preliminary inspiration imagery, sketch plans, and a preliminary magnitude of cost in relation to other concepts. One (1) in-person meeting with City and Parks & Recreation staff will be facilitated to review the plan options. These initial concepts will also be shared with Dakota County for their feedback. One (1) round of comprehensive edits will be made to the concept development package. Once edits are complete, ISG, in collaboration with City staff, will facilitate an engagement event for the community and neighbors to review the concept options and to gather additional feedback. Deliverables • One (1) in-person meeting to review the concept development package with City staff • One (1) in-person engagement event • Concept development package with three (3) concept exhibits, including a site sketch plan, inspiration images, and relative magnitude of costs Master Plan Updates Once initial feedback is gathered from the preliminary conceptual designs, ISG will refine the design into an updated master plan. ISG will present the master plan at one (1) review meeting with City staff and incorporate two (2) rounds of City and County feedback to the package. Included with the preferred concept plan will be a preliminary opinion of probable cost. Deliverables • One (1) in-person meeting to review the draft master plan • One (1) master plan, including an illustrative rendered site plan, trailhead floor plan, corresponding inspiration images, and two (2) rounds of comprehensive revisions • One (1) preliminary opinion of probable cost Page 57 of 362 Architecture + Engineering + Environmental + Planning | ISGInc.com 5 ASSUMPTIONS The City will provide ISG with the nature trail alignment data, tree inventory data, and community input results from the 2018 Master Plan process, which may influence the amenities considered during concept planning. ISG understands some utilities on the east side of the property are owned by the Metropolitan Council. SCHEDULE COMPENSATION ISG proposes to provide the scope of services described within this proposal for a lump-sum compensation, unless otherwise stated by the City, in accordance with the following schedule. Anticipated reimbursable expenses such as travel time and mileage expenses are included. ADDITIONAL SERVICES The project scope outlined in this proposal and changes to our project understanding may result in additional services. ISG will discuss any scope changes with the City for approval prior to starting the work. The following items are not included in this scope. However, following the completion of the master plan, ISG will provide a subsequent proposal for this work: • Topographic survey for fishing pier and overlook locations (select areas within the area outlined in yellow on page one) • Geotechnical testing • Construction documents • Permitting and approvals • Bidding • Construction administration and special testing Task Time Frame Phase 2 April–July 2025 Due Diligence April–May 2025 Preliminary Concept Development June 2025 Master Plan Updates July 2025 Future Phase August 2025–October 2026 Additional Survey + Geotechnical Testing August–September 2025 Construction Documents October 2025–January 2026 Permitting + Approvals December 2025–January 2026 Bidding February 2026 Construction Administration March–October 2026 Phase Compensation Due Diligence $30,800 Preliminary Concept Development $16,500 Master Plan Updates $10,500 Total $57,800 Optional Additional Service: Virtual meeting $350/per meeting Page 58 of 362 Architecture + Engineering + Environmental + Planning | ISGInc.com 6 Please contact us at 952.426.0699 with any questions regarding our services or this proposal. To provide ISG with authorization to proceed, please acknowledge receipt and acceptance of this proposal as indicated below. We look forward to the opportunity to assist you with this project! Sincerely, Amanda Prosser, PLA, CLARB Vice President, Sports + Recreation Business Unit Leader Amanda.Prosser@ISGInc.com P153TB2#y1 Applicable Contract The General Terms and Conditions applicable to this Proposal are available at the link below and are hereby accepted and incorporated herein by reference. Upon acceptance of this Proposal, the parties can proceed with the project based on this signed Proposal, per its General Terms and Conditions, or for more complex projects, ISG, at its discretion, will prepare and require the use of an AIA or EJCDC Contract that will govern the project. ISG’s compensation does not include sales or use taxes. Additional information can be found in our General Terms and Conditions. bit.ly/termsconditions_isg Dated: _______________, 2025. CITY OF LAKEVILLE BY: _____________________________________________ Luke M. Hellier, Mayor AND:____________________________________________ Ann Orlofsky, City Clerk Page 59 of 362 Dakota County, MN Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification. Map Scale 1 inch = 200 feet 3/24/2025 Page 60 of 362 Date: 4/7/2025 Agreement with Blue Water Science for Professional Services for Lake Management Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement with Blue Water Science for professional services associated with the City's lake management program. Overview The City's lake management program is designed to manage, promote, and protect local water resources, including lakes, wetlands, and streams. As part of this program, the City conducts annual research to establish baseline conditions, assess water quality, and monitor ecological trends. Annual lake review reports will summarize the water quality and aquatic vegetation data. The results are used to monitor recreational suitability, guide lake management strategies, and support funding opportunities. The agreement establishes City and Blue Water Science project responsibilities and costs. The City's estimated total cost is $48,550. The following work is planned for 2025: • Lake Marion: Aquatic invasive species monitoring and annual lake review report. • Orchard Lake: Aquatic invasive species monitoring, aeration pond phosphorous sampling and annual lake review report. • East Lake: Algae monitoring, fish survey, dissolved oxygen and temperature monitoring and annual lake review report. • Lee Lake: Fish survey and annual lake review report. • Valley Lake: Algae monitoring and annual lake review report. • Kingsley Lake: Aquatic invasive species monitoring. • Miscellaneous: Education and outreach at City events and stormwater basin sampling. Supporting Information 1. 2025.04.07 Agreement for Professional Services - BWS 2. 2025 Lakeville Lake Management Projects Financial Impact: $48,550 Budgeted: Yes Source: Utility Fund - Env. Resources Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Maria Friedges, Environmental Resource Specialist Page 61 of 362 Page 62 of 362 Page 63 of 362 Page 64 of 362 Page 65 of 362 Page 66 of 362 Page 67 of 362 Page 68 of 362 Page 1 QUOTE 2025 Lakeville Projects Date: March 10, 2025 To: Mac Cafferty, City of Lakeville From: Steve McComas, Blue Water Science East Lake Activity Timeline Description Budget 1. Curlyleaf pondweed (CLP) delineation May Conduct a meander survey to delineate for CLP and any other aquatic plants. $700 2. Aquatic plant point intercept survey July Conduct summer aquatic plant survey. Submit report of findings to City staff no later than December 31. $1,000 December 3. Phytoplankton sampling May and September Collect two open water phytoplankton samples and have analyzed by PhycoTech. Include an algae management plan. $600 4. Fish survey September- October Conduct a trapnet survey and check fish population status in regard to water quality. Prepare a fish management report. $3,600 5. Lake monitoring May-June July September Monitor for dissolved oxygen and temperature profile in north end and in south end of East Lake when conducting a curlyleaf pondweed delineation (April-May), aquatic plant survey (July), and fish survey (fall). $150 6. Algaecide treatments Summer Coordinate with PLM on algaecide treatments. No charge 7. Prepare a report of summer aeration options May-February For East Lake, prepare a detailed description of at least 3 summer aeration options with specifications and costs. $1,500 8. Annual East Lake review. May-February Incorporate CAMP Lake water quality data for 2024. Update historical aquatic plant and water quality data. Update AIS activities including carp results. Incorporate fish survey results and discuss fish management approaches for East Lake. Submit to City staff by February 28, 2026. $1,900 Total $9,450 Continued on following page Page 69 of 362 Page 2 Lee Lake Activity Timeline Description Budget 1. Aquatic plant surveys June Conduct early season aquatic plant point intercept survey. Conduct late season aquatic plant point intercept survey. Submit report of findings to City staff no later than December 31. $1,900 July December 2. Fish survey September- October Conduct a trapnet survey and check fish population status in regard to water quality. Prepare a fish management report. $3,600 2. Annual Lake Lee review May - February Incorporate CAMP Lake water quality data for 2024. Update historical aquatic plant and water quality data. Update AIS activities for CLP, EWM, and zebra mussels. Incorporate fish stocking data and make lake management recommendations. Submit to City staff by February 28, 2026. $2,100 Total $7,600 Lake Marion Activity Timeline Description Budget 1. Annual Lake Marion review May - February Incorporate CAMP Lake water quality data for 2024. Update historical aquatic plant and water quality data. Update AIS activities for CLP, EWM, and zebra mussels. Submit to City staff by February 28, 2026. $2,400 Total $2,400 Orchard Lake Activity Timeline Description Budget 1. Total phosphorus samples in aeration pond June- September Collect a total phosphorus sample from the aeration pond adjacent to Orchard Lake monthly from June to September. Update Orchard Pond water quality over the years. $900 2. Annual Orchard Lake review May - February Incorporate CAMP Lake water quality data for 2024. Update historical aquatic plant and water quality data. Update AIS activities for CLP, EWM, and zebra mussels. Also discuss shoreland inventory results and make lake management recommendations. Submit to City staff by February 28, 2026. $2,300 Total $3,200 Valley Lake Activity Timeline Description Budget 1. Aquatic plant surveys June Conduct early season aquatic plant survey. Conduct late season aquatic plant survey. Submit report of findings to City staff no later than December 31. $1,300 July - August December 2. Phytoplankton sampling May- September Collect two open water phytoplankton samples and have analyzed by PhycoTech. Include an algae management plan. $1,200 3. Annual Valley Lake review May - February Incorporate CAMP Lake water quality data for 2024. Update historical aquatic plant and water quality data. Update AIS activities for CLP and EWM. In addition, evaluate impact of watershed P loading and other possible P loading sources to Valley Lake. Submit to City staff by February 28, 2026. $1,500 Total $4,000 Continued on following page Page 70 of 362 Page 3 Stormwater Pond Sampling Activity Timeline Description Budget 1. Stormwater Pond Sampling 36 monitoring dates Establish a baseline data set of 4 key stormwater ponds for future evaluation/experimentation (assessing performance) sampling for DO/Temp, TP, and plants. A meeting with the University of Minnesota to discuss which ponds would meet the requirements for their study. $4,900 Total $4,900 Education and Outreach Activity Timeline Description Budget 1. Project update May - September Provide City staff monthly project updates. $600 2. Participation in City events April – August Present at 2 City meetings/events (Lake Marion Annual meeting and Earth Day/Watershed Clean-up Day). $800 Total $1,400 Additional Projects Cost Summary 2025 Quote East $9,450 Lee $7,600 Marion $2,400 Orchard $3,200 Valley $4,000 Stormwater Pond Sampling $4,900 Education and Outreach $1,400 Total $32,950 Page 71 of 362 QUOTE 2025 Lakeville Aquatic Invasive Species Projects Date: March 10, 2025 To: Mac Cafferty, City of Lakeville From: Steve McComas, Blue Water Science Kingsley Lake Activity Timeline Description Budget 1. General AIS Searches. May - September Conduct AIS searches for curlyleaf pondweed, Eurasian watermilfoil, zebra mussels, starry stonewort, rusty crayfish, etc.) twice during the summer. Searches will be conducted by a meander survey around the lake. Submit to City staff by December 15, 2025. $1,900 Total $1,900 Lake Marion Activity Timeline Description Budget 1. General AIS Searches. June - September Conduct monthly AIS searches (zebra mussels, starry stonewort, spiny waterflea rusty crayfish, etc.) at the following locations: - Public boat access, - Casperson Park frontage/rock point, - Public fishing piers, and - Shoreline north of public access. $1,000 2. Curlyleaf pondweed (CLP) delineation. April - May Delineate CLP growth. Create map and shapefiles of treatable areas and provide to City and treatment contractor. $1,200 CLP assessment. June Conduct early season aquatic plant survey (full transect survey) that serves as a CLP assessment. Create map of growth extent and provide to City staff. $1,200 3. Eurasian watermilfoil (EWM) delineation. June Delineate EWM plant growth. Create map of growth extent and provide to City staff and treatment contractor. Provide results to City staff. $1,300 EWM assessment. August- September Assess post-treatment plant growth of EWM and native plants. Include results in aquatic plant survey report to be submitted by December 15, 2025. $2,400 Total $7,100 Continued on following page Page 72 of 362 Page 2 Orchard Lake Activity Timeline Description Budget 1. General AIS Searches. June - September Conduct monthly (June-September) AIS searches (zebra mussels, starry stonewort, spiny waterflea, rusty crayfish, etc.) at the following locations: - Public boat access, and - Swimming beach. $800 2. Curlyleaf pondweed (CLP) delineation. April-May Delineate CLP growth. Create map of potential treatment areas and provide to City and treatment contractor. $900 CLP assessment. June Conduct early season aquatic plant transect survey. Assess CLP. $950 3. Eurasian watermilfoil (EWM) delineation. June Delineate EWM plant growth. Create map of potential treatment areas and provide to City staff and treatment contractor. $950 EWM assessment. August- September Assess post-treatment plant growth of EWM and native plants. Use a point intercept survey combined with a meander survey. Include results in aquatic plant survey report to be submitted by December 15, 2025. $3,000 Total $6,600 Aquatic Invasive Species Cost Summary Quote Kingsley $1,900 Marion $7,100 Orchard $6,600 Total $15,600 Page 73 of 362 Date: 4/7/2025 Supplemental Agreement with WSB for Professional Services for Rough Fish Assessment and Management on East Lake Proposed Action Staff recommends adoption of the following motion: Move to approve WSB supplemental agreement for professional services for 2025 rough fish assessment and management on East Lake, City Project 23-58. Overview The City and Vermillion River Watershed Joint Powers Organization (VRWJPO) are partnering to research and manage the rough fish population in East Lake to improve water quality and fish habitat. A deterrence system to prevent rough fish from entering the lake was installed in 2023. WSB conducted population estimates, rough fish removals, data collection and documentation in 2024 for associated permitting requirements. The next steps in the management plan include additional efforts in 2025 to remove rough fish, sample connected stormwater basins and wetlands (to identify spawning sites), collect data, and document findings. The City and VRWJPO entered into a Joint Powers Agreement on February 21, 2023, that established City and VRWJPO project responsibilities and costs. Project funding is through a $300,000 Clean Water Fund grant, with grant match requirements shared evenly between the City and VRWJPO. WSB's supplemental agreement includes the scope of services and estimated costs to complete rough fish assessment and management services on East Lake in 2025, and is subject to the Master Services Agreement dated September 2021. Supporting Information 1. 2025.03.21 WSB Proposal 2. 2023 Joint Powers Agreement (CP 23-58) Financial Impact: $74,971.25 Budgeted: Yes Source: Utility Fund - Env. Res. Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Maria Friedges, Environmental Resources Specialist Page 74 of 362 178 EAST 9TH STREET | SUITE 200 | ST. PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM 3/21/2025 Mr. McKenzie Cafferty Environmental Resources Manager City Of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: 2025 East Lake Carp and Goldfish Management Proposal Dear Mr. Cafferty: In 2024, carp and goldfish removal was pursued in East Lake with the goal to improve the water quality in East Lake by removing a portion of the rough fish population with a secondary goal to describe the remaining population of carp and goldfish. Results of this effort were described in a summary report and recommendations for management were provided that aim to sustain progress gained through the 2024 removal operations. This 2025 proposal reflects the recommendations given in the 2024 summary report and those discussed with project partners in planning meetings. Management Actions Taken in East Lake with regards to Carp/Goldfish Management: Box net operations on East Lake were successful in reducing the biomass of carp and goldfish by nearly 2,800 pounds, that is over 86 pounds per acre in 2024. This reduction in biomass is expected to reduce internal loading of phosphorus by nearly 22 pounds per year. This was done largely with the use of two box nets with small mesh netting material over 7 removal events. As a part of the 2024 project, carp and goldfish biomass estimates were updated. Results from population estimate surveys suggest that carp biomass is below the critical threshold established for this invasive species, but goldfish numbers may still be high. Although a biomass threshold for goldfish has not been established by the scientific community, they are suspected to have an impact on water quality, like carp. Hundreds of goldfish and goldfish hybrid species were sampled in the April 24, 2024, sampling event followed by a high biomass removed in box netting operations. The catch rates of goldfish and goldfish hybrid biomass did not decline in 2024 suggesting numbers may still be high. Page 75 of 362 2025 East Lake Carp and Goldfish Management Proposal 03/21/2025 Page 2 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management\2025\FINAL_2025 East Lake Carp and Goldfish Management_Proposal_03212025.docx 2025 East Lake Carp and Goldfish Management Proposal To ensure that gains achieved through carp and goldfish biomass removal are sustained, a project workplan for 2025 includes removal of more biomass while taking steps to understand recruitment and implementing tasks designed to suppress recruitment of carp, goldfish, and goldfish hybrids to East Lake. Tasks under Objective #1 are designed to target carp and goldfish for removal, tasks under Objective 2 and Objective 3 will include the removal of carp and goldfish when encountered. OBJECTIVE #1: Remove Carp and Goldfish Biomass in 2025 Large schools of goldfish were sampled in the springtime of 2024. In response, these aggregations will be targeted for removal via boat electrofishing, backpack electrofishing and seine netting in 2025. Carp and goldfish biomass removal via box netting in 2024 was successful at reducing the rough fish population by 86.1 pounds per acre. Box netting will again be pursued in 2025 to continue reducing the population of carp and goldfish in the basin. Task 1: Early season boat electrofishing and seine netting to target aggregations of goldfish in East Lake We propose to electrofish and utilize small seine nets to remove goldfish that are known to aggregate in the springtime within the East Lake main basin. These aggregations were encountered on April 24, 2024. This task will be pursued in mid April to mid May 2025 on up to two occasions. Disposal of fish captured under this task and the decontamination of equipment is covered under this task budget. A net barrier will be placed on the outlet structure of East Lake as it enters North Creek, similar to the installation in 2024. This net may prevent some migration into the creek but is not being designed in 2025 to promote an aggregation as these are thought to occur naturally as water temperatures rise. Task 2: Baited box netting in East Lake using automatic feeding stations This task utilizes three (3) baited box nets with small mesh size with automatic feeding stations to be sprung on at least seven (7) occasions to capture and remove carp and goldfish in 2025. If time remains on a box netting removal date, WSB will utilize boat electrofishing and seine netting when feasible, to remove additional biomass. Carp and goldfish disposal is included under this task. Automatic feeding stations are expected to increase the effectiveness of box netting removal events since they will function to feed fish on a regular schedule. Consideration will be given to moving the location of box nets if catch rates seem to be declining. Automatic feeding stations will be refilled 3-5 days before a removal event is planned and the sites will be visited 1-2 days before removal events to ensure that the net is prepped for deployment. OBJECTIVE #2: Determine if wetland area upstream of barrier site and downstream of East Lake serves as a spawning site for carp and/or goldfish; Respond to aggregation if detected upstream of barrier site. A barrier was installed on the North Creek outlet channel in 2024 that was designed to reduce carp migration and recruitment of young and adult carp to East Lake that may migrate from downstream. The VRWJPO confirmed that the barrier was effective at deterring fish movement Page 76 of 362 2025 East Lake Carp and Goldfish Management Proposal 03/21/2025 Page 3 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management\2025\FINAL_2025 East Lake Carp and Goldfish Management_Proposal_03212025.docx through observations at the barrier site in 2024. It is currently unknown if carp and/or goldfish and goldfish hybrids use the cattail wetland upstream of the barrier site to complete their life history as fish movement is currently unrestricted to this area from East Lake in normal to high flow conditions. Task 1: Sample in wetland area using backpack shocker On up to two occasions in 2025, the wetland areas and stream reach between the outlet of East Lake and the electric barrier site, backpack shocking will be pursued. This visit will happen in the springtime to monitor for adult carp that may have moved into the area to spawn and recruit young fish to East Lake itself. One or more of these visits may occur if VRJPO reports seeing an aggregation upstream of the electric barrier site as they have a camera that monitors this location. Carp or goldfish encountered during these surveys will be removed from the lake and properly disposed of. If only one visit is made in the springtime at this location, an increased effort will go towards removal operations via box netting or electrofishing. The second visit will be reserved for the chance an aggregation is detected on VRJPO cameras in 2025. OBJECTIVE #3: Gain a better understanding of carp and goldfish recruitment rates and areas that support successful recruitment. Bluegill are especially important to carp management as they are known to predate upon carp eggs and larvae. Other native species such as largemouth bass and northern pike are suspected to predate on carp and goldfish as they mature. As carp and goldfish management continues in East Lake, supporting the native fishery will be important in keeping the biomass of the undesirable fish low. This might be done through aeration, stocking, aquatic vegetation management, and other habitat improvements such as fish sticks and/or rock piles. We understand that the City of Lakeville has contracted with Bluewater Science to conduct a trap net survey in East Lake in 2025. WSB will make an effort to obtain survey results from BWS to incorporate into our final report to help describe the overall fishery of East Lake. Task 1: Trap netting in East Lake’s neighboring ponds to determine if they act as a recruitment area for carp and/or goldfish Ponds will be identified by the City of Lakeville that can be accessed by fish from East Lake that will be sampled in late summer to early fall time to monitor for young of the year carp and or goldfish species. This survey will include trap netting and backpack electrofishing. All fish that are captured in this survey will be reported with a subset of lengths. Barriers to fish movement or aeration of these ponds would be recommended if they are found to hold carp and or goldfish young of the year. OBJECTIVE #4: Reporting on 2025 management activities on East Lake Task 1: 2025 Project Reporting and MN DNR Permit acquisition and reporting A report will be delivered in November for review before a final draft is delivered by December 1, 2025 to meet grant requirements. The report will detail survey and removal activities in 2024 and 2025 and describe phosphorus load reductions as a result of biomass removal. This report will also incorporate BWS and MN DNR historical survey data to begin describing the overall fishery Page 77 of 362 2025 East Lake Carp and Goldfish Management Proposal 03/21/2025 Page 4 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management\2025\FINAL_2025 East Lake Carp and Goldfish Management_Proposal_03212025.docx of East Lake with regards to carp and goldfish populations. This will be followed by recommendations for future carp and goldfish management action in East Lake. Page 78 of 362 2025 East Lake Carp and Goldfish Management Proposal 03/21/2025 Page 5 G:\.Clients All\Lakeville\Proposals\East Lake Fish Management\2025\FINAL_2025 East Lake Carp and Goldfish Management_Proposal_03212025.docx Schedule - 2025 Objective/Task April May June July August Sept Oct Nov Dec O1T1 O1T2 O2T1 O3T1 O4T1 Budget Objective/Task Cost Project Management $ 884.00 Objective #1 Task 1 $ 8,528.00 Task 2 $50,026.25 Objective #2 Task 1 $ 4,977.00 Objective #3 Task 1 $ 6,692.00 Objective #4 Task 1 $ 3,864.00 TOTAL PROJECT COST $74,971.25 Sincerely, WSB Mary Newman Mary Newman Sr. Environmental Scientist Page 79 of 362 JOINT POWERS AGREEMENT FOR THE EAST LAKE ROUGH FISH BARRIER AND ROUGH FISH REMOVALS PROJECT BETWEEN THE VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION AND THE CITY OF LAKEVILLE CITY PROJECT 23-58 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, East Lake is a recreational lake within the Vermillion River Watershed; and WHEREAS, East Lake is identified on the EPA’s 303d Impaired Waters List for excess nutrients, namely phosphorus; and WHEREAS, release of phosphorus from the lake bottom sediment is a contributor to the water quality problems; and WHEREAS, rough fish like carp and goldfish are present in the lake and their aggressive bottom feeding results in additional phosphorus release from the lake bottom sediments; and WHEREAS, restoration strategies in the WRAPS report identify the need for fish barriers and rough fish removals; and WHEREAS, blocking movement of rough fish to their spawning areas and limiting fish recruitment while also removing rough fish from East Lake will result in improved water quality; and WHEREAS, a fish barrier and fisheries management were identified in the Vermillion River Watershed Management Plan’s Implementation Section; and WHEREAS, a rough fish barrier and subsequent rough fish removals (Project) will be completed to address the water quality problem; and WHEREAS, the estimated Project cost is $375,000; and WHEREAS, the VRWJPO was awarded a $300,000 Clean Water Fund (Grant) from the Minnesota Board of Water and Soil Resources (BWSR) for the barrier portion of the project; and WHEREAS, the Grant has a minimum match requirement equal to 25% of the amount of Grant monies received, either in the form of cash or in-kind services; and WHEREAS, the City and VRWJPO have inclu ded cash match of at least 25% of the Grant amount used for Project costs in their Capital Improvement Plan and will participate in rough fish removals or the installation and construction of the fish barrier after applying Grant monies; and WHEREAS, the VRWJPO, and as a result of this Joint Powers Agreement, the City will follow all applicable BWSR Grant policies and requirements that are relevant to each party. VRWJPO Contract #DCA20225 JPA - Page 1 of 11 DocuSign Envelope ID: E3865891-E461-482B-8FF8-8FCA71CC60BCDocuSign Envelope ID: B8047DB5-4E92-45A9-8F01-D7ADDDACC308 Page 80 of 362 2 NOW, THEREFORE, in consideration of the mutual promises and benefits that the City and the VRWJPO shall derive from this Agreement, the VRWJPO and the City hereby enter into this Agreement for the purposes stated herein. ARTICLE 1 PURPOSE The purpose of this Agreement is to define the Project responsibilities and Project cost-sharing obligations of the VRWJPO and the City. ARTICLE 2 PARTIES The parties to this Agreement are the VRWJPO and the City. ARTICLE 3 TERM This Agreement shall be effective the date of the signatures of the parties to this Agreement and shall remain in effect until December 31, 2025, or until completion by the parties of their respective obligations under this Agreement, whichever occurs first, unless earlier terminated by law or according to the provisions of this Agreement. ARTICLE 4 COOPERATION The VRWJPO and City agree to cooperate and use their reasonable efforts to ensure prompt implementation of the various provisions of this Agreement and to, in good faith, undertake resolution of any dispute in an equitable and timely manner. ARTICLE 5 TECHNICAL AND QUALITY ASSURANCE The VRWJPO and City or their representatives will provide technical and quality assurance for the rough fish barrier portion of the Project. Any engineer providing technical and quality assurance on earthwork for the barrier must be a licensed Professional Engineer in the State of Minnesota. Earthwork for the barrier 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. I f v egetative practices are needed as part of earthwork, they must follow the BWSR Board adopted Native Vegetation Establishment and Enhancement Guidelines. An engineer must be licensed in the State of Minnesota if they provide technical and quality assurance specific to the rough fish barrier. If an engineer is not used for technical and quality assurance, the installer providing technical and quality assurance must have previously documented experience with the installation, operation, and maintenance of the barrier; or must be an employee of the barrier manufacturer and have experience with the installation, operation, and maintenance of the barrier. The Engineer and/or barrier installer providing technical and quality assurance will certify that the barrier was installed or constructed in accordance with the applicable plans and specifications, including approved modifications, prior to authorization for payment by the VRWJPO. An as-built plan set will be provided to the VRWJPO by the Engineer and/or installer immediately following barrier completion as part of the required Project certification. Rough fish removals will be performed by a commercial fisherman licensed and approved for fish removals for this portion of the State. VRWJPO Contract #DCA20225 JPA - Page 2 of 11 DocuSign Envelope ID: E3865891-E461-482B-8FF8-8FCA71CC60BCDocuSign Envelope ID: B8047DB5-4E92-45A9-8F01-D7ADDDACC308 Page 81 of 362 3 ARTICLE 6 PROJECT PLANS AND SPECIFICATIONS The City is the lead agency for design and construction administration of the barrier portion of the Project, effective upon execution of this Agreement by both parties. The VRWJPO and City shall approve the plans and specifications (Barrier Plans) prior to advertising for bids. The City is the lead agency for implementation of the rough fish removals. ARTICLE 7 PAYMENT 7.1 The City will administer the contracts and act as the paying agent for all payments to the contractor(s). 7.2 The Grant will reimburse activities up to $300,000 related to the engineering, permitting, bidding, installation, construction of the barrier (City eligible). 7.3 The Grant has a match requirement to the amount of monies received. The match shall be provided by the City and the VRWJPO in the amount of up to $75,000 in cash match. The match will be evenly split between organizations with each providing up to $37,500 that will pay for rough fish removals and/or barrier construction. The VRWJPO’s portion of its match will be conveyed to the City for Project implementation. 7.4 The VRWJPO will contribute in-kind Grant administration services for the project. 7.5 The City’s maximum eligible reimbursement is up to $337,500. 7.6 No payment shall be made prior to approval of the Barrier Plans by both the VRWJPO and City. 7.7 The VRWJPO shall pay the City for engineering and construction costs on a reimbursement basis. Under the terms of the Grant, the VRWJPO will receive funds 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 barrier has been installed in accordance with this Agreement and the Barrier 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. 7.8 The VRWJPO may refuse to pay claims not specifically authorized by this Agreement. Payment of a claim shall not preclude the VRWJPO from questioning the propriety of the claim. The VRWJPO reserves the right to be repaid for any overpayment or disallowed claim. 7.9 All services provided by the VRWJPO under the BWSR Grant Agreement, attached and incorporated herein as Exhibit 1, and services provided by the City to the VRWJPO through this Joint Powers Agreement must be performed to the State’s satisfaction, as set forth in Exhibit 1 and in the BWSR approved work plan. ARTICLE 8 CITY OBLIGATIONS 8.1 AUTHORIZED PURPOSE. The funds provided under the terms of this Agreement may only be used by the City for the payment of costs directly related to the Project. 8.2 CONSTRUCTION REQUIREMENTS. The barrier shall be constructed in accordance with the Barrier Plans. The VRWJPO and City shall approve any modifications to the Barrier Plans. VRWJPO Contract #DCA20225 JPA - Page 3 of 11 DocuSign Envelope ID: E3865891-E461-482B-8FF8-8FCA71CC60BCDocuSign Envelope ID: B8047DB5-4E92-45A9-8F01-D7ADDDACC308 Page 82 of 362 4 8.3 CONSTRUCTION AND DESIGN FAILURES. Any failure related to construction or design of the barrier shall be addressed in the contracts with the construction firm or professional services firm. 8.4 RIGHT-OF-ENTRY. The City hereby permits the VRWJPO, 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 for the purpose of inspecting the construction or implementation of the Project. 8.5 OPERATION AND MAINTENANCE. Dakota County will be responsible for the for on-going maintenance of the barrier through a separate agreement with the City and VRWJPO upon completion for a minimum of 10 years unless necessitated by a failure due to Acts of God or Force majeure. 8.6 COMPLIANCE WITH LAWS/STANDARDS. The City shall abide by all federal, state, or local laws, statutes, ordinances, rules, and regulations in constructing or implementing the Project, including obtaining all necessary permits to construct or implement the Project. 8.7 PUBLICITY. The City hereby permits the VRWJPO to take and disclose photographs of the Project for use in publications or promotional material or on its website to highlight the VRWJPO’s programs. The City shall appropriately acknowledge the funding provided by the VRWJPO, 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 party, its officers, employees or agents. The provisions of the Municipal Tort Claims Act, Minn. Stat. Ch. 466 and other applicable laws govern liability of the VRWJPO and the City. Each party warrants that they are able to 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 either party, nothing in this Agreement shall be construed to allow a claimant to obtain separate judgments or separate liability caps from the individual parties. This section shall survive the expiration or termination of this Agreement. ARTICLE 10 AUTHORIZED REPRESENTATIVES AND LIAISONS 10.1 AUTHORIZED REPRESENTATIVES. The following named persons are designated the authorized representatives of the parties for purposes of this Agreement. These persons have authority to bind the party they represent and to consent to modifications, except that the authorized 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 provided 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 Mike Slavik, Chair, or successor Justin Miller, City Administrator, or successor Vermillion River Watershed JPO City of Lakevile 14955 Galaxie Avenue 20195 Holyoke Avenue Apple Valley, MN 55124 Lakeville, MN 55044 Telephone: (952) 891-7030 Telephone: (952) 985-4400 In addition, notification to the VRWJPO regarding termination of this Agreement by the City shall be provided to the Office of the Dakota County Attorney, Civil Division, 1560 Highway 55, Hastings, Minnesota 55033. VRWJPO Contract #DCA20225 JPA - Page 4 of 11 DocuSign Envelope ID: E3865891-E461-482B-8FF8-8FCA71CC60BCDocuSign Envelope ID: B8047DB5-4E92-45A9-8F01-D7ADDDACC308 Page 83 of 362 5 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 and the City. The VRWJPO and the City shall keep each other continually informed, in writing, of any change in the designated liaison. At the time of execution of this Agreement, the following persons are the designated liaisons: VRWJPO Liaison City Liaison Travis Thiel McKenzie Cafferty Senior Environmental Specialist Environmental Resources Manager Telephone: (952) 891-7546 Telephone: (952) 985-4520 Email: travis.thiel@co.dakota.mn.us Email: mcafferty@lakevillemn.gov 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 and the City. ARTICLE 12 TERMINATION 12.1 IN GENERAL. Either party may terminate this Agreement for cause by giving seven days’ written notice or without cause by giving 30 days’ written notice, of its intent to terminate, to the other party. Such notice to terminate for cause shall specify the circumstances warranting termination of the Agreement. Cause shall mean a material breach of this Agreement and any supplemental agreements or amendments thereto. This Agreement may also be terminated by the City 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 party. 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 FOR LACK OF FUNDING. Notwithstanding any provision of this Agreement to the contrary, the VRWJPO may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, Minnesota Agencies, or other funding sources, or if it’s funding cannot be continued at a level sufficient to allow payment of the amounts due under this Agreement. The VRWJPO is not obligated to pay for any services that are provided after written notice of termination for lack of funding. The VRWJPO will not be assessed any penalty or damages if the Agreement is terminated due to lack of funding. The VRWJPO will pay for expenses incurred by the City up to Notice of Termination of work on the Project. ARTICLE 13 MINNESOTA LAW TO GOVERN This Agreement shall be governed by and construed in accordance with the substantive and procedural laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this Agreement shall be venued in 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. VRWJPO Contract #DCA20225 JPA - Page 5 of 11 DocuSign Envelope ID: E3865891-E461-482B-8FF8-8FCA71CC60BCDocuSign Envelope ID: B8047DB5-4E92-45A9-8F01-D7ADDDACC308 Page 84 of 362 6 ARTICLE 15 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 either party. ARTICLE 16 GOVERNMENT DATA PRACTICES The City 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 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 Neither party shall be liable to the other party for any loss or damage resulting from a delay or failure to perform due to unforeseeable acts or events outside the defaulting party’s reasonable control, providing the defaulting party gives notice to the other party as soon as possible. Acts and events may include acts of God, acts of terrorism, war fire, flood epidemic, acts of civil or 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 Hellier, or successor Mayor Date of Signature By: Ann Orlofsky City Clerk Date of Signature Approved as to form: VERMILLION RIVER WATERSHED JOINT POWERS ORGANIZATION /s/ G. Paul Beaumaster 2/9/23 Assistant County Attorney/Date By: KS-23-20 Mike Slavik, or successor VRW Resolution No. Chair Date of Signature VRWJPO Contract #DCA20225 JPA - Page 6 of 11 23-05 DocuSign Envelope ID: E3865891-E461-482B-8FF8-8FCA71CC60BC 03/07/2023 | 8:22 AM CST 03/07/2023 | 8:31 AM CST DocuSign Envelope ID: B8047DB5-4E92-45A9-8F01-D7ADDDACC308 03/07/2023 | 11:38 AM CST Page 85 of 362 Page 1 of 5 FY 2023 STATE OF MINNESOTA BOARD OF WATER and SOIL RESOURCES CLEAN WATER FUND COMPETITIVE GRANTS PROGRAM GRANT AGREEMENT Vendor: 0000197289 PO#: 3000015661 This Grant Agreement is between the State of Minnesota, acting through its Board of Water and Soil Resources (Board) and Vermillion River Watershed JPO, 1431 Erickson Drive Hastings Minnesota 55033 (Grantee). Fiscal Agent: Dakota County This agreement is for the following grant(s): C23‐5405 FY23 CWF East Lake Rough Fish Barrier Project $300,000 Total Grant Awarded: $300,000 1.The Laws of Minnesota 2021, 1st Special Session, Chapter 1, Article 2, Sec. 6(b), (j), &(p) appropriated Clean Water Funds (CWF) to the Board for the FY22/23 Clean Water Fund Projects & Practices, Multipurpose Drainage Management, and Soil Health Grants. 2.The Board adopted the FY23 Clean Water Fund Competitive Grant Policy and authorized the FY23 Clean Water Fund Competitive Grants Program through Board Order #22‐31. 3.The Board adopted Board Order #22‐55 to allocate funds for the FY23 Clean Water Fund Competitive Grants Program. 4.The Grantee has submitted a Board approved work plan for this Program, which is incorporated into this Grant Agreement by reference. 5.The Grantee represents that it is duly qualified and agrees to perform all services described in this Grant Agreement to the satisfaction of the Board. 6.As a condition of the grant, Grantee agrees to minimize administration costs. Authorized Representative The State’s Authorized Representative is James Adkinson, Grants Coordinator, BWSR, 520 Lafayette Road North, Saint Paul, MN 55155, 651‐539‐2588, or his successor, and has the responsibility to monitor the Grantee’s performance and the authority to accept the services and performance provided under this Grant Agreement. The Grantee’s Authorized Representative is: Mike Slavik, Chair Vermillion River Watershed Joint Powers Organization 1590 Highway 55 Hastings, MN 55033‐2343 (651)438‐4427 If the Grantee’s Authorized Representative changes at any time during this Grant Agreement, the Grantees must immediately notify the Board. Grant Agreement 1.Terms of the Grant Agreement. 1.1. Effective date: The date the Board obtains all required signatures under Minn. Stat. § 16B.98, Subd. 5. The Board will notify the Grantee when this Grant Agreement has been executed. The Grantee must not begin work under this Grant Agreement until it is executed. 1.2. Expiration date: December 31, 2025, or until all obligations have been satisfactorily fulfilled, whichever comes first. Exhibit 1 VRWJPO Contract #DCA20225 JPA - Page 7 of 11 DocuSign Envelope ID: E3865891-E461-482B-8FF8-8FCA71CC60BCDocuSign Envelope ID: B8047DB5-4E92-45A9-8F01-D7ADDDACC308 Page 86 of 362 Page 2 of 5 1.3. Survival of Terms: The following clauses survive the expiration date or cancellation of this Grant Agreement: 7. Liability; 8. State Audits; 9. Government Data Practices; 11. Publicity and Endorsement; 12. Governing Law, Jurisdiction, and Venue; 14. Data Disclosure; and 19. Intellectual Property Rights. 2. Grantee’s Duties. The Grantee will comply with required grants management policies and procedures set forth through Minn. Stat § 16B.97, Subd.4(a)(1). The Grantee is responsible for the specific duties for the Program as follows: 2.1. Implementation: The Grantee will implement their work plan, which is incorporated into this Grant Agreement by reference. 2.2. Reporting: All data and information provided in a Grantee’s report shall be considered public. 2.2.1. The Grantee will submit an annual progress report to the Board by February 1 of each year on the status of Program implementation by the Grantee. Information provided must conform to the requirements and formats set by the Board. All individual grants over $500,000 will also require a reporting expenditure by June 30 of each year. 2.2.2. The Grantee will prominently display on its website the Clean Water Legacy Logo and a link to the Legislative Coordinating Commission website. 2.2.3. Final Progress Report: The Grantee will submit a final progress report to the Board by February 1, 2026 or within 30 days of completion of the project, whichever occurs sooner. Information provided must conform to the requirements and formats set by the Board. 2.3. Match: The Grantee will ensure any local match requirement will be provided as stated in Grantee’s approved work plan. 3. Time. The Grantee must comply with all the time requirements described in this Grant Agreement. In the performance of this Grant Agreement, time is of the essence. 4. Terms of Payment. 4.1. Funds will be distributed in three installments per grant: 1) The first payment of 50% will be distributed after the execution of the Grant Agreement. 2) The second payment of 40% will be distributed after the first payment of 50% has been expended and reporting requirements have been met. An eLINK Interim Financial Report that summarizes expenditures of the first 50% must be signed by the Grantee and approved by the Board. Selected grantees may be required at this point to submit documentation of the expenditures reported on the Interim Financial Report for verification. 3) The third payment of 10% will be distributed after the grant has been fully expended and reporting requirements are met. The final, 10% payment must be requested within 30 days of the expiration date of the Grant Agreement. An eLINK Final Financial Report that summarizes final expenditures for the grant must be signed by the Grantee and approved by the Board. 4.2. All costs must be incurred within the grant period. 4.3. All incurred costs must be paid before the amount of unspent funds is determined. Unspent grant funds must be returned within 30 days of the expiration date of the Grant Agreement. 4.4. The obligation of the State under this Grant Agreement will not exceed the amount listed above. 4.5. This Grant Agreement includes an advance payment of 50% of each grant’s total amount per grant. Advance payments allow the Grantee to have adequate operating capital for start‐up costs, ensure their financial commitment to landowners and contractors, and to better schedule work into the future. 5. Conditions of Payment. 5.1. All services provided by the Grantee under this Grant Agreement must be performed to the Board’s satisfaction, as set forth in this Grant Agreement and in the Board approved work plan for this Program. Compliance will be determined at the sole discretion of the State’s Authorized Representative and in accordance with all applicable federal, State, and local laws, policies, ordinances, rules, FY23 Clean Water Fund Competitive Grant Policy, and regulations. The Grantee will not receive payment for work found by the Board to be unsatisfactory or performed in violation of federal, State or local law. 5.2. Minnesota Statutes §103C.401 (2018) establishes the Board’s obligation to assure program compliance. If the noncompliance is severe, or if work under the Grant Agreement is found by the Board to be unsatisfactory or performed in violation of federal, State, or local law, the Board has the authority to require the repayment of grant funds or withhold payment on grants from other programs. 6. Assignment, Amendments, and Waiver 6.1. Assignment. The Grantee may neither assign nor transfer any rights or obligations under this Grant Agreement without the prior consent of the Board and a fully executed Assignment Agreement, executed and approved by the same parties who executed and approved this Grant Agreement, or their successors in office. VRWJPO Contract #DCA20225 JPA - Page 8 of 11 DocuSign Envelope ID: E3865891-E461-482B-8FF8-8FCA71CC60BCDocuSign Envelope ID: B8047DB5-4E92-45A9-8F01-D7ADDDACC308 Page 87 of 362 Page 3 of 5 6.2. Amendments. Any amendments to this Grant Agreement must be in writing and will not be effective until it has been approved and executed by the same parties who approved and executed the original Grant Agreement, or their successors in office. Amendments must be executed prior to the expiration of the original Grant Agreement or any amendments thereto. 6.3. Waiver. If the Board fails to enforce any provision of this Grant Agreement, that failure does not waive the provision or its right to enforce it. 7. Liability. The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney’s fees incurred by the State, arising from the performance of this Grant Agreement by the Grantee or the Grantee’s agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State’s failure to fulfill its obligations under this Grant Agreement. 8. State Audits. Under Minn. Stat. § 16B.98, Subd. 8, the Grantee’s books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this Grant Agreement or transaction are subject to examination by the Board and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Agreement, receipt and approval of all final reports, or the required period of time to satisfy all State and program retention requirements, whichever is later. 8.1. The books, records, documents, accounting procedures and practices of the Grantee and its designated local units of government and contractors relevant to this grant, may be examined at any time by the Board or Board’s designee and are subject to verification. The Grantee or delegated local unit of government will maintain records relating to the receipt and expenditure of grant funds. 9. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this Grant Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this Grant Agreement. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. 10. Workers’ Compensation. The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, Subd. 2, pertaining to workers’ compensation insurance coverage. The Grantee’s employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers’ Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State’s obligation or responsibility. 11. Publicity and Endorsement. 11.1. Publicity. Any publicity regarding the subject matter of this Grant Agreement must identify the Board as the sponsoring agency. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Grant Agreement. 11.2. Endorsement. The Grantee must not claim that the State endorses its products or services 12. Governing Law, Jurisdiction, and Venue. Minnesota law, without regard to its choice‐of‐law provisions, governs this Grant Agreement. Venue for all legal proceedings out of this Grant Agreement, or its breach, must be in the appropriate State or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. Termination. 13.1. The Board may cancel this Grant Agreement at any time, with or without cause, upon 30 days’ written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 13.2. In the event of a lawsuit, an appropriation from a Clean Water Fund is canceled to the extent that a court determines that the appropriation unconstitutionally substitutes for a traditional source of funding. 13.3. The Board may immediately terminate this Grant Agreement if the Board finds that there has been a failure to comply with the provisions of this Grant Agreement, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The Board may take action to protect the interests of the State of VRWJPO Contract #DCA20225 JPA - Page 9 of 11 DocuSign Envelope ID: E3865891-E461-482B-8FF8-8FCA71CC60BCDocuSign Envelope ID: B8047DB5-4E92-45A9-8F01-D7ADDDACC308 Page 88 of 362 Page 4 of 5 Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14. Data Disclosure. Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and State tax agencies and State personnel involved in the payment of State obligations. These identification numbers may be used in the enforcement of federal and State tax laws which could result in action requiring the Grantee to file State tax returns and pay delinquent State tax liabilities, if any. 15. Prevailing Wage. It is the responsibility of the Grantee or contractor to pay prevailing wage for projects that include construction work of $25,000 or more, prevailing wage rules apply per Minn. Stat. §§ 177.41 through 177.44. All laborers and mechanics employed by grant recipients and subcontractors funded in whole or in part with these State funds shall be paid wages at a rate not less than those prevailing on projects of a character similar in the locality. Bid requests must state the project is subject to prevailing wage. 16. Municipal Contracting Law. Per Minn. Stat. § 471.345, grantees that are municipalities as defined in Subd. 1 of this statute must follow the Uniform Municipal Contracting Law. Supporting documentation of the bidding process utilized to contract services must be included in the Grantee’s financial records, including support documentation justifying a single/sole source bid, if applicable. 17. Constitutional Compliance. It is the responsibility of the Grantee to comply with requirements of the Minnesota Constitution regarding the use of Clean Water Funds to supplement traditional sources of funding. 18. Signage. It is the responsibility of the Grantee to comply with requirements for project signage as provided in Minnesota Laws 2010, Chapter 361, Article 3, Section 5(b) for Clean Water Fund projects. 19. Intellectual Property Rights. The State owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in the Works and Documents created and paid for under this grant. Works means all inventions, improvements, discoveries, (whether or not patentable), databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, and disks conceived, reduced to practice, created or originated by the Grantee, its employees, agents, and subcontractors, either individually or jointly with others in the performance of this grant. Work includes “Documents.” Documents are the originals of any databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, disks, or other materials, whether in tangible or electronic forms, prepared by the Grantee, its employees, agents or subcontractors, in the performance of this grant. The Documents will be the exclusive property of the State and all such Documents must be immediately returned to the State by the Grantee upon completion or cancellation of this grant at the State’s request. To the extent possible, those Works eligible for copyright protection under the United State Copyright Act will be deemed to be “works made for hire.” The Grantee assigns all right, title, and interest it may have in the Works and the Documents to the State. The Grantee must, at the request of the State, execute all papers and perform all other acts necessary to transfer or record the State’s ownership interest in the Works and Documents. VRWJPO Contract #DCA20225 JPA - Page 10 of 11 DocuSign Envelope ID: E3865891-E461-482B-8FF8-8FCA71CC60BCDocuSign Envelope ID: B8047DB5-4E92-45A9-8F01-D7ADDDACC308 Page 89 of 362 Page 5 of 5 IN WITNESS WHEREOF, the parties have caused this Grant Agreement to be duly executed intending to be bound thereby. Approved: Vermillion River Watershed JPO Board of Water and Soil Resources By: _______________________________________ By: ____________________________________________ (print) _______________________________________ (signature) Title: _______________________________________ Title: ____________________________________________ Date: _______________________________________ Date: ____________________________________________ Approved as to form: /s/ G. Paul Beaumaster 2/9/23 Assistant County Attorney/Date KS-23-66 VRWJPO Contract #DCA20225 JPA - Page 11 of 11 DocuSign Envelope ID: E3865891-E461-482B-8FF8-8FCA71CC60BCDocuSign Envelope ID: B8047DB5-4E92-45A9-8F01-D7ADDDACC308 Page 90 of 362 Certificate Of Completion Envelope Id: E3865891E461482B8FF88FCA71CC60BC Status: Completed Subject: Complete with DocuSign: City of Lakeville (VRW) - Contract #DCA20225 Source Envelope: Document Pages: 11 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Sara Glasby AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1590 Highway 55 Hastings, MN 55033 Sara.glasby@co.dakota.mn.us IP Address: 35.148.66.127 Record Tracking Status: Original 3/7/2023 7:59:25 AM Holder: Sara Glasby Sara.glasby@co.dakota.mn.us Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Dakota County Location: DocuSign Signer Events Signature Timestamp Luke Hellier lhellier@lakevillemn.gov Mayor Security Level: Email, Account Authentication (None)Signature Adoption: Drawn on Device Using IP Address: 97.92.82.69 Signed using mobile Sent: 3/7/2023 8:07:28 AM Viewed: 3/7/2023 8:21:59 AM Signed: 3/7/2023 8:22:44 AM Electronic Record and Signature Disclosure: Accepted: 3/7/2023 8:21:59 AM ID: 663544b3-a26a-4158-b0fa-780200fc6a00 Ann Orlofsky aorlofsky@lakevillemn.gov City Clerk Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 156.142.21.15 Sent: 3/7/2023 8:22:46 AM Viewed: 3/7/2023 8:30:59 AM Signed: 3/7/2023 8:31:34 AM Electronic Record and Signature Disclosure: Accepted: 3/7/2023 8:30:59 AM ID: 62631eec-fb44-4a9b-b550-2eb3de042be7 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Sara Glasby sara.glasby@co.dakota.mn.us Contract Specialist Dakota County Security Level: Email, Account Authentication (None) Sent: 3/7/2023 8:31:35 AM Resent: 3/7/2023 8:31:37 AM Viewed: 3/7/2023 8:33:38 AM Page 91 of 362 Carbon Copy Events Status Timestamp Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/7/2023 8:07:28 AM Certified Delivered Security Checked 3/7/2023 8:30:59 AM Signing Complete Security Checked 3/7/2023 8:31:34 AM Completed Security Checked 3/7/2023 8:31:35 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Page 92 of 362 Certificate Of Completion Envelope Id: B8047DB54E9245A98F01D7ADDDACC308 Status: Completed Subject: Complete with DocuSign: City of Lakeville (VRW) - Contract #DCA20225 Source Envelope: E3865891E461482B8FF88FCA71CC60BC Document Pages: 11 Signatures: 1 Envelope Originator: Certificate Pages: 4 Initials: 0 Sara Glasby AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 1590 Highway 55 Hastings, MN 55033 Sara.glasby@co.dakota.mn.us IP Address: 35.148.66.127 Record Tracking Status: Original 3/7/2023 11:06:54 AM Holder: Sara Glasby Sara.glasby@co.dakota.mn.us Location: DocuSign Security Appliance Status: Connected Pool: StateLocal Storage Appliance Status: Connected Pool: Dakota County Location: DocuSign Signer Events Signature Timestamp Mike Slavik Mike.Slavik@CO.DAKOTA.MN.US Chair, VRWJPO Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 207.171.99.1 Signed using mobile Sent: 3/7/2023 11:10:22 AM Viewed: 3/7/2023 11:38:34 AM Signed: 3/7/2023 11:38:55 AM Electronic Record and Signature Disclosure: Accepted: 3/7/2023 11:38:34 AM ID: 61586687-f4e9-4e5d-8cab-fdaa6ebd9753 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 3/7/2023 11:10:22 AM Certified Delivered Security Checked 3/7/2023 11:38:34 AM Signing Complete Security Checked 3/7/2023 11:38:55 AM Completed Security Checked 3/7/2023 11:38:55 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Page 93 of 362 Date: 4/7/2025 Contract for Stump Removal Services Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with DAKS Stump-N-Snow, LLC. for tree stump removal services. Overview Stump removal is a necessary step in completing the removal of trees in the public right-of-way, city parks, and at municipal facilities. This includes stumps from ash trees removed as part of the Emerald Ash Borer Management Plan, as well as those removed through routine tree maintenance. Under Forestry’s annual work plan, stump removal includes the grinding of stumps, removal of wood chips, and restoration of the site with topsoil and grass seed. The total cost of stump removal services is based on the number of trees removed in the prior calendar year. For 2025, Forestry and Public Works-Streets estimate the removal of approximately 255 stumps, totaling 6,132 inches of stump flare. This includes 55 ash tree stumps removed under the Shade Tree Bonding Grant, with associated costs reimbursed by grant funding. The contract rate will also be available to other city divisions or departments should additional stumps require removal. The City solicited quotes from three contractors in March and received the following: • DAKS Stump-N-Snow LLC. $10.60/inch, or $64,999.20 • Carr’s Tree Service: $13.50/inch, or $82,782.00 • Stump Guys: Did not return a quote The lowest quote was submitted by DAKS Stump-N-Snow LLC., whose proposal met all contract specifications and city requirements. The selection was based on both cost-effectiveness and compliance with service standards. Staff recommends approval of the contract with DAKS Stump-N-Snow LLC. Supporting Information 1. Contract - Daks Stump-N-Snow LLC Financial Impact: $64,999.20 Budgeted: Yes Source: Forestry Budgets and State Grant Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zachary Jorgensen, City Forester Page 94 of 362 Page 95 of 362 Page 96 of 362 Page 97 of 362 Page 98 of 362 Page 99 of 362 Page 100 of 362 Page 101 of 362 Page 102 of 362 Page 103 of 362 Page 104 of 362 Date: 4/7/2025 Purchase of Water Meters Proposed Action Staff recommends adoption of the following motion: Move to approve the purchase of water meters from Ferguson Waterworks. Overview Lakeville provides metered water service to residential, commercial, and industrial customers. To ensure consistency, reliability, and operational efficiency, the City has standardized its water meters with Neptune meters. This purchase replenishes the City's inventory of meters for new construction, repairs, and replacements. The Utility Division requested a quote from Ferguson Waterworks for Neptune meters compatible with the City's fixed-base meter reading system. Ferguson Waterworks provided a quote of $73,800.00 and is the only locally authorized supplier of Neptune meters, ensuring compatibility with the City's infrastructure. Staff recommends approval of this purchase Supporting Information 1. Meter Quote Financial Impact: $73,800.00 Budgeted: Yes Source: Water Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Shane Quade, Utilities Superintendent Page 105 of 362 FERGUSON WATERWORKS #2518 1694 91ST AVE NE BLAINE, MN 55449-4311 Phone: 763-560-5200 Fax: 763-560-1799 Deliver To: From:Brian Rollins brian.rollins@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=24675 17:57:41 MAR 19 2025 FERGUSON WATERWORKS #2518 Price Quotation Phone: 763-560-5200 Fax: 763-560-1799 Bid No:B173049 Bid Date:03/19/25 Quoted By:BRR Cust Phone:952-985-4400 Terms:NET 10TH PROX Customer:CITY OF LAKEVILLE 18400 IPAVA AVE W ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Ship To:CITY OF LAKEVILLE 18400 IPAVA AVE W ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Cust PO#:3/4" METERONLY Job Name:METER ACCOUNT Page 1 of 1 Item Description Quantity Net Price UM Total NED2D11RPEG21 LF 3/4 SL T10 MTR P/C USG NO REC *X 136 250.000 EA 34000.00 NED2F11RPDG11 LF 1 T10 MTR P/C R900I USG 60 500.000 EA 30000.00 NED2H11RPDG11 LF 1-1/2 T10 MTR P/C R900I USG 10 980.000 EA 9800.00 Net Total:$73800.00 Tax:$0.00 Freight:$0.00 Total:$73800.00 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 Due to the uncertain impact of potential tariffs, Ferguson's quotation/proposal has not included any provision or contingency for future tariffs or increase of existing tariffs. Ferguson reserves the right to adjust prices to reflect the impact of any new or increased tariffs that affect our costs at the time of shipment. Ferguson will provide notice of any such adjustments along with documentation supporting the changes. 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 106 of 362 Date: 4/7/2025 Professional Services Agreement with CNH Architects Proposed Action Staff recommends adoption of the following motion: Move to approve a professional services agreement with CNH Architects for the design of a new fire station. Overview In anticipation of transitioning to a hybrid (both paid-on-call and full-time) firefighting staff, a fire station facility study was completed in 2023. The study indicated there are significant improvements that need to be completed to each station to modernize them to meet best practices for station designs and to add dorm/sleeping quarters and related kitchen and laundry areas to accommodate full-time staff. The study also indicated that to improve firefighting services and response times, stations 2 and 4 should be combined into a new fire station in the Dodd Boulevard and Cedar Avenue area. Staff has been working with CNH Architects to prepare a professional services contract to design the new fire station. The contract with CNH Architects would be for the development of preliminary building plans, site layout, and design specifications, including cost estimates, budgeting, and construction schedule. A second phase of the contract will also include final design and engineering specifications, bidding the project and providing technical support throughout the construction of the new station. The total cost of these services is $1,484,400 Supporting Information 1. CNH Proposal and Contract 4-7-25 Financial Impact: $1,484,400 Budgeted: Yes Source: CIP/Franchise Fees Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Allyn Kuennen, Assistant City Administrator Page 107 of 362 CNHArchitects PROPOSAL FOR LAKEVILLE COMBINED FIRE STATION PROJECT JANUARY 2025 24051(952) 431-4433 CNHARCH.COMYOUR SUCCESS IS OUR INSPIRATION. Page 108 of 362 7300 W 147TH ST, SUITE 504, APPLE VALLEY, MN 55124 | 952-431-4433 | CNHARCH.COMCNHArchitects January 2025 City of Lakeville 201 Holyoke Ave Lakeville, MN 55044 Dear Mr. Allyn Kuennen, On behalf of CNH Architects, thank you for selecting our firm for the City of Lakeville Combined Fire Station. CNH Ar- chitects has been providing outstanding architectural design services for city, county, and state projects for more than 50 years. Our proposal will describe the following attributes we will bring to your project: EXPERIENCED, PRINCIPAL-LED DESIGN As CNH Architects’ Principal, I bring 38 years of experience running very successful municipal and public safety projects. CNH has designed many new and expanded municipal facilities including public works facilities, city halls, fire stations, and police stations. We have built long-standing relationships with cities such as Apple Valley, Burnsville, Plym- outh, and Lino Lakes, and our rapport with these cities has resulted in the opportunity to work on multiple projects in each of them. We look forward to the opportunity to continue to build a relationship with the City of Lakeville. In addition, CNH is a leader in fire station design throughout the region, focusing on the many critical facility elements unique to cutting-edge station design. Our project expertise covers many specialized facets of public safety design including secure, safe, functional, and welcoming facilities as well as award winning buildings such as the nationally recognized Burnsville Fire Station No. 1 and Roseville Fire Station. We feel strongly that the team starting the project is the one that works on it until the last project step. As the project’s Principal Architect, I will be your main contact throughout and, along with fellow Principal Brooke Jacobson, we will be involved daily in meeting your needs. CLIENT-FOCUSED PROJECT APPROACH The best way to summarize CNH Architects’ approach is that we work cooperatively with our clients to reach the best solution for your operations. Our office excels at working on fire station projects and building consensus among the members of the community and the multiple stakeholders, as well as city staff and officials. We will listen carefully to understand your needs to then create a custom, purposeful design that addresses your goals and budgets. We take pride in being accessible to our clients, being trustworthy, and providing high-quality service. At CNH, we treat our clients, consultants, and construction personnel with respect, as we believe they all have a valuable perspec- tive and role in a smooth, successful project. Again, thank you for this opportunity to present CNH Architects’ qualifications for this project. I am confident our experience and design philosophy will be a great fit. Sincerely, Quinn S. Hutson, AIA, LEED AP Principal CNH Architects, Ltd. 952-997-4583 qhuston@cnharch.com Page 109 of 362 3YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS COMPANY OVERVIEW QUALIFICATIONS DESIGN TEAM FIRE STATION EXPERIENCE PROJECT EXAMPLES APPROACH OBJECTIVES WHY CNH ARCHITECTS FEE QUOTATION 4 5 6 17 18 22 26 28 29 Page 110 of 362 4YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS CNH Architects is a full-service architectural firm providing architectural and interior design, and along with our consulting engineers and designers, we provide engineering, landscape architecture, and other specialties. Our clients include corporate, commercial, manufacturing, recreational, and gov- ernment agencies. Principals Quinn Hutson and Brooke Jacobson are directly responsible for all design work. CNH Architects has a staff with advanced training and certification in several areas including Certified Interior Designers, Certified Construction Specifiers, LEED Accredited Professionals, NCARB certifications, and Construction Docu- ment Technologists. With an efficient project team and more than 55 years of experience, CNH Architects has a strong reputation for well thought-out design plans and personal attention to client requirements. CNH Architects stresses strong design, quality contract documents, close communications with clients, and an intense field review and follow-up program. We are organized to assume full, single source responsibility for a thoroughly integrated and cost effective service. From a project’s beginning - program, budget, and schedule are es- tablished - and a team of experts is assembled under the principal and project manager to assure that elements are addressed, answered, and the design and construction process is fully coordinated. A growing list of satisfied and repeat clients is testimony to the discipline and persistence of an organization that will not settle for partial success. Over the last several years, CNH Architects has worked on construction proj- ects which total between 50-200 million dollars annually. Our projects have varied including city, county, and state work, along with private sector clients. Sustainable design is an integral part of our practice. A majority of our professional staff have LEED accreditation and our office designed the first Green Globe projects in Minnesota. Green Globes is a third party national verification system as administered by the Green Building Initiative. COMPOSITION OF FIRM Architects Interior Designers Designers Marketing Accounting OWNERSHIP CNH Architects is organized as a corporation. Founded in 1969, the corporation is privately owned with the stock held by Principals Quinn Hutson and Brooke Jacobson, along with Associate Principals Al Tsai and Timothy Nielsen. 8 3 4 1 1 Page 111 of 362 CNH Architects and the members of our public safety design team are experienced and dedicated to the design of state-of-the-art fire stations. We research national trends as they develop, explore operational and design efficiencies within our fire station designs, and share this expertise with the broader fire service. As one of the most experienced fire station design team in the region, we have worked on fire stations all around the Twin Cities metropolitan area. CNH Architects is familiar with the Lakeville Fire Department and the specific goals of the Combined Fire Station project having spent the last year working together on the departments facility needs study. We look forward to working together to provide a fire station design that maximizes firefighter health and wellness, supports the expanded apparatus requirements including efficient response flow within station and site, incorporates firefighter training features, and provides for a flexible, relaxing residence suite. Fire department operations and fire station design have gone through significant change in the past decade, whether it is models of service, training at the station, or firefighter health issues – and this change continues. CNH will work with the City of Lakeville to evaluate each of these important elements in current fire station design, working together to incorporate these best practices in ways to maximize the city’s goals. Our design team will explore the space requirements and operational flows. Specialized fire station programming spreadsheets and past project examples will be used to aid in a comprehensive review of options. However, the goals set for this project will ultimately reflect your unique vision and approach. The new fire station will be designed to meet the needs of the Lakeville Fire Department for the next 40 to 50 years. In addition to the typical full design services associated with a fire station project, CNH Architects understands that communication throughout all tasks is key to a successful project. Our team is experienced at listening to constituents and stakeholders, exploring options, and communicating the project’s goals and designs to all audiences, whether it is the core team, fire department staff, City Council, or the general public. CNH regularly assists our clients in educating the public on the value and direction of their projects. Graphics are provided to clearly represent the findings and project designs in realistic and understandable visuals. We have particularly found the use of 3D walkthrough videos to explore the project design an amazing tool both for design meetings and presentations to Councils or citizens. 5YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS Page 112 of 362 6YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS PROJECT TEAM COLLABORATION Along with a talented multi-disciplinary team of professionals, CNH Architects brings a strong reputation for well- designed projects and personal attention to client requirements. Each of the team’s consultants have been chosen because of their engineering or design quality, client-directed services, progressive methodologies and commitment to sustainable design. The team has a long history of working together on public building design, including CNH Architects’ recent fire station projects. Based on this extensive long-term collaboration experience, these firms under CNH’s leadership have fully developed coordination and design processes to efficiently and thoroughly support the overall project from schematic design through project occupancy. In addition to our team’s strong history of collaboration, CNH Architects and our consultant team selected for this project are all led by firm principals or department heads. This combination of design experience and administrative authority is an important element that CNH looks for in our engineering and design consultants, as we have found it provides assurance that the project will be staffed as needed to meet our client’s timeline goals as well as a high level of pride in the services delivered. CNH ARCHITECTS Quinn Hutson Principal Architect Project Lead CNH ARCHITECTS Brooke Jacobson Principal Architect Lead Designer CNH ARCHITECTS Brittany Koester Interior Design Lead CITY OF LAKEVILLE CONSTRUCTION MANAGER EDI-DOLEJS Jay Hruby Electrical Engineer EDI-DOLEJS Steve Schreurs Mechanical Engineer LARSON ENGINEERING Brandon Clark Structural Engineer LARSON ENGINEERING Matt Woodruff Civil Engineer HKGI Amy Bower Landscape Architect EDI-DOLEJS Sandy Koop Tabery Plumbing /Mechanical Designer HKGI Leilen Farias Landscape Designer Page 113 of 362 7YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS QUINN S. HUTSON AIA, LEED AP, NCARB Principal Architect, Project Lead CNH ARCHITECTS EDUCATION Bachelor of Architecture, University of Minnesota QUALIFICATIONS Professional Architect, MN, CO, NJ, NY; Certified Interior Designer, MN; NCARB Certificate; LEED Accredited Professional, Minnesota Registration No. 21234 As principal in the firm, Quinn’s responsibilities cover all facets of leading CNH’s public safety design projects. Individual project tasks include: client need assessment, alternative concept development, design/construction doc- ument preparation, quality assurance reviews, code compliance verification and approval assurance. In addition to 38 years with CNH Architects, Quinn’s background includes many years of construction experience and annual con- tinuing education to bring current construction knowledge to all of his projects. RELEVANT EXPERIENCE City of Apple Valley | Fire Station No. 2 City of Bloomington| Fire Station No. 4, South Loop Fire Station Study City of Brooklyn Park | Fire Stations No. 1, No. 2, No. 3 & No. 4 Facility Needs Masterplan Study, Fire Station No. 2 City of Burnsville | Fire Station No. 1, City Hall & Police Predesign Study City of Chaska | Public Safety Facility City of Coon Rapids | Fire Station No. 3 City of Eagan | Fire Station No. 1, Fire Station No. 2 Remodel, Fire Station No. 3 Remodel, Fire Station No. 4 Addition/Remodel City of Mendota Heights | Fire Station Addition/Remodel, City Hall & Police Preliminary Design City of Plymouth | Fire Station No. 2 & No. 3 City of Roseville | Fire Station City of Victoria | Fire Station Page 114 of 362 8YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS BROOKE JACOBSON AIA, LEED AP, CDT Project Architect, Lead Designer CNH ARCHITECTS EDUCATION Master of Architecture, Iowa State Uni- versity; Bachelor of Science in Architec- tural Studies, University of Wisconsin Milwaukee QUALIFICATIONS Professional Architect, MN, NJ; NCARB Certificate; Construction Document Tech- nologist; LEED Accredited Professional Minnesota Registration No. 48871 As Project Architect, Brooke will assist the Principal Architect in developing a thorough building design tracking each fire department goal throughout the project design. She will also lead the internal team in developing comprehen- sive, well coordinated construction documents. RELEVANT EXPERIENCE ABLE Fire Training Center in Burnsville, MN City of Apple Valley | Fire Station No. 2 City of Bloomington | Fire Station No. 4 City of Brooklyn Park | Fire Station No. 2 City of Burnsville | Fire Station No. 1 City of Chaska | Public Safety Facility City of Coon Rapids | Fire Station No. 3 City of Eagan | Fire Station No. 1, Fire Station No. 4 Addition/Remodel City of Lino Lakes | Fire Station No. 2 City of Mendota Heights | Fire Station Addition/Remodel City of Plymouth | Fire Station No. 2 & No. 3 City of Roseville | Fire Station City of Victoria | Fire Station Page 115 of 362 9YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS BRITTANY KOESTER Project Manager/Interior Design Lead CNH ARCHITECTS EDUCATION Masters of Architecture, University of North Dakota In her role, Brittany is responsible for coordinating interior design with archi- tectural and engineered design. She is adept at creating detailed floor plans, selecting and overseeing materials based on client feedback, developing comprehensive designs, and producing high-quality interior imagery. Britta- ny will bring her experience to create cohesive and functional spaces and is known for embracing challenges and thriving in the dynamic design industry - making her a valuable asset to the team. RELEVANT EXPERIENCE City of Chaska | Public Safety Facility City of Brooklyn Park | Fire Station No. 2 City of Burnsville | Police City Hall Expansion City of Victoria | Fire Station Page 116 of 362 10YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS JAY S. HRUBY PE Principal, Electrical Engineer EDI-DOLEJS EDUCATION Masters of Business Administration, University of St. Thomas; Bachelor of Sci- ence in Electrical Engineering, University of North Dakota QUALIFICATIONS Registered Professional Engineer, MN, IA, MT, MI, WI, ND, SD, WA, WY Minnesota Registration No. 40290 Jay has committed a large percentage of his electrical engineering career to the promotion of energy conservation and sustainability within his designs of commercial, industrial, educational, and public safety buildings. RELEVANT EXPERIENCE ABLE Fire Training Center in Burnsville, MN City of Apple Valley | Fire Station No. 2 City of Brooklyn Park | Fire Station No. 2 City of Burnsville | Fire Station No. 1 City of Chaska | Public Safety Facility City of Coon Rapids | Fire Station No. 3 City of Eagan | Fire Station No. 1, Fire Station No. 4 Addition/Remodel City of Lino Lakes | Fire Station No. 2 City of Mendota Heights | Fire Station Addition/Remodel City of Minneapolis | Remodel/Upgrades (10 Fire Stations) City of Plymouth | Fire Station No. 2 & No. 3 City of Roseville | Fire Station City of Victoria | Fire Station Page 117 of 362 11YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS STEVE SCHREURS PE, LEED AP Mechanical Engineer EDI-DOLEJS EDUCATION Bachelor of Mechanical Engineering, University of Minnesota; Bachelor of Sci- ence, Energy System Design, Evergreen State College, Olympia WA QUALIFICATIONS Registered Professional Mechanical Engineer, MN, MT, WI, IA, IL, NE, OH, WY, WA Minnesota Registration No. 19622 Steve has more than thirty years experience in mechanical equipment and system design for industrial, commercial, institutional and electric power plant facilities. This experience includes a strong focus on highly-efficient systems that provide a high level of occupant comfort. RELEVANT EXPERIENCE City of Apple Valley | Fire Station No. 2 City of Brooklyn Park | Fire Station No. 2 City of Burnsville | Fire Station No. 1 City of Chaska | Public Safety Facility City of Coon Rapids | Fire Station No. 3 City of Eagan | Fire Station No. 1, Fire Station No. 4 Addition/Remodel City of Lino Lakes | Fire Station No. 2 City of Mendota Heights | Fire Station Addition/Remodel City of Minneapolis | Fire Station No. 1 Predesign City of Plymouth | Fire Station No. 2 & No. 3 City of Victoria | Fire Station Page 118 of 362 12YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS SANDY KOOP TABERY CPD Plumbing/Mechanical Engineer EDI-DOLEJS EDUCATION Associate of Applied Science, North Hennepin Community College QUALIFICATIONS Certified Plumbing Designer No. 74742 Sandy has been drafting and designing plumbing and HVAC systems for vari- ous types of buildings for more than 39 years. The types of buildings she has been involved in include jail and law enforcement facilities, schools, church- es, multi-family, industrial, dental, medical, and government facilities. In ad- dition to new facilities, Sandy’s work includes building additions and building renovations of existing facilities. Sandy is detail-oriented and skilled in each phase of the design, from project set-up to construction administration. She is proficient in AutoCAD, Revit, and other programs used to produce a com- plete and professional set of documents. RELEVANT EXPERIENCE ABLE Fire Training Center in Burnsville, MN City of Apple Valley | Fire Station No. 2 City of Bloomington | Fire Station No. 4 City of Burnsville | Fire Station No. 1 City of Coon Rapids| Fire Station No. 3 City of Eagan | Fire Station No. 1 & 4 City of Lino Lakes | Fire Station No. 2 City of Mendota Heights| Fire Station Addition/Remodel City of Minneapolis | Fire Station No. 17 City of Plymouth | Fire Station No. 2 & No. 3 City of Roseville| Fire Station Page 119 of 362 13YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS BRANDON L. CLARK PE Structural Engineer LARSON ENGINEERING EDUCATION Bachelor of Science in Civil Engineering, University of Minnesota QUALIFICATIONS Registered Professional Engineer in MN Minnesota Registration No. 60507 Throughout Brandon’s career, he has successfully designed and analyzed a wide range of structures constructed in a variety of materials. He has been involved in a diverse range of projects that include municipal facilities, fire stations, commercial offices, and residential buildings. With a meticulous eye for detail and a proven track record, he is dedicated to ensuring the safety, integrity, and efficiency of structures while adhering to industry codes and standards. RELEVANT EXPERIENCE City of Apple Valley | Fire Station No. 2 City of Bloomington | Fire Station No. 4 City of Brooklyn Park | Fire Station No. 2 City of Burnsville | Fire Station No. 1 City of Chaska | Public Safety Facility City of Coon Rapids | Fire Station No. 3 City of Plymouth | Fire Station No. 2 & No. 3 City of Victoria | Fire Station Saint Croix County Government Center Phase II in Hudson, WI Page 120 of 362 14YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS MATT WOODRUFF PE Civil Department Manager LARSON ENGINEERING EDUCATION Masters of Business Administration, University of St. Thomas; Bachelor of Civ- il Engineering, University of Minnesota; Bachelor of Arts - Mathematics, University of St. Thomas QUALIFICATIONS Registered Professional Engineer in MN, WI, ND, SD Minnesota Registration No. 41885 Matt Woodruff offers a wide variety of civil engineering experience including site design, municipal roadway and utility design, aviation engineering, and design of storm water management facilities. Matt has extensive knowledge of local agency code requirements and design standards. RELEVANT EXPERIENCE City of Apple Valley | Fire Station No. 2 City of Brooklyn Park | Fire Station No. 2 City of Burnsville | Fire Station No. 1 City of Chaska | Public Safety Facility City of Coon Rapids | Fire Station No. 3 City of Eagan | Central Maintenance Facility, Remodel/New Buildings City of Mendota Heights | Fire Station Addition/Remodel City of Plymouth | Fire Station No. 2 & No. 3 City of Victoria | Fire Station Page 121 of 362 15YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS AMY BOWER PLA Landscape Architect HOISINGTON KOEGLER GROUP, INC. (HKGI) EDUCATION Masters of Landscape Architecture, University of Minnesota; Bachelor of Science - Industrial Design, University of Wisconsin - Stout QUALIFICATIONS Landscape Architect Minnesota License No. 41472 Amy has two decades of experience developing plans, site designs, construc-tion documentation and construction administration for public spaces. In addition, she is skilled at working with clients and stakeholders during the design process, ensuring their input and needs are addressed during final design and implementation. RELEVANT EXPERIENCE City of Apple Valley | Fire Station No. 2 City of Bloomington | Civic Plaza Site Design and Construction, Fire Station No. 4 City of Brooklyn Park | Fire Station No. 2 City of Burnsville | Fire Station No. 1 City of Chaska | Public Safety Facility City of Coon Rapids | Fire Station No. 3 City of Eagan | Fire Station No. 4 City of Mendota Heights | Fire Station Site Design City of Plymouth | Fire Station No. 2 & No. 3 City of Victoria | Fire Station Page 122 of 362 16YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS LEILEN FARIAS Landscape Designer HOISINGTON KOEGLER GROUP, INC. (HKGI) EDUCATION Masters of Landscape Architecture, University of Minnesota; Bachelor of Science in Architecture, University of Minnesota Leilen provides design service and support for site development projects, particularly on projects related to placemaking, connectivity, and landscape architecture. At HKGi, Leilen has provided planning and design support for a variety of projects in communities throughout the region. Leilen brings seven years of experience contributing landscape design services to public space improvement projects with the University of Minnesota’s Landcare Depart-ment. Her experience conducting campus planning emphasized the creation and preservation of a bike- and ped-friendly environment. RELEVANT EXPERIENCE City of Chanhassen | Lake Ann Trail and Preserve City of Columbia Heights | Site Redevelopment Plan City of Lake Elmo | Landscape Inspection and Compliance Services City of Minneapolis | Audubon Park Concept Plan City of Mounds View | Mall Redevelopment Area Study & Streetscape Design City of Prior Lake | Ponds Park Improvements City of Stillwater | Streetlight Decor Study Dakota County | Thompson County Park Ph. 2 Improvements Page 123 of 362 17YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS CITY OF APPLE VALLEY Fire Station No. 2 Fire Station No. 1 & 3 Remodels CITY OF BLOOMINGTON Fire Station No. 4 South Loop Fire Station & Site Selection Study CITY OF BROOKLYN PARK Fire Stations No. 1, 2, 3 & 4 Facility Needs Masterplan Study Fire Stations No. 2 CITY OF BURNSVILLE Fire Station No. 1 Fire Station No. 2 Space Needs & Site Selection Study ABLE Fire Training Center CITY OF CHASKA Public Safety Facility CITY OF COON RAPIDS Fire Station No. 3 CITY OF EAGAN District Fire Station Study Fire Station No. 1 Fire Station No. 2 Remodel Fire Station No. 3 Remodel Fire Station No. 4 Addition & Remodel CITY OF LAKEVILLE Fire Stations No. 1, 2, 3 & 4 Facility Needs Masterplan Study CITY OF LINO LAKES Fire Station No. 2 Site Selection Study Fire Station No. 2 CITY OF MENDOTA HEIGHTS Fire Station Addition & Remodel CITY OF PLYMOUTH Fire Station No. 2 Fire Station No. 3 Addition & Remodel CITY OF ROSEVILLE Roseville Fire Station CITY OF SHAKOPEE Fire Station No. 1 Dorm and Training Addition & Remodel Study Fire Station No. 1 Remodel CITY OF VICTORIA Fire Station Site Fit Study Fire Station SOUTH METRO FIRE DEPARTMENT Fire Stations No. 1 & 2 Facility Needs Masterplan Study Page 124 of 362 18YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS FIRE STATION NO. 2 | APPLE VALLEY, MN Apple Valley Fire Station No. 2 is an advanced facility which supports the firefighters who bravely serve the community. The station is equipped with features and functionality that meets the needs of today while also considering future adaptations. As with any well-designed fire station, the health of the firefighters was highly prioritized. The facility includes drive-through fire truck garage bays which streamlines the process of dispatching and returning fire trucks. A decontamination room ensures firefighters can safely clean and decontaminate after calls, and a ventilated turnout gear room provides a safer environment for storing gear. Additionally, the station includes a large workout room and a dayroom to further promote wellness and relaxation. A modern kitchen is equipped with the conveniences needed to support firefighters with their demanding duties. Rooms for resting are available and were strategic in planning for future building modifications. Recognizing the critical importance of training, the station offers extensive opportunities for skill development. A variation of windows and balconies facilitate aerial and ground ladder training, fire alarm and sprinkler systems simulate realistic experiences, and rope/rappelling areas enhance rescue and safety skills. A large conference room supports ongoing education and other events. OWNER City of Apple Valley CONTACT Matt Nelson, Fire Chief, 952-953-2605 AREA 27,900 SF COMPLETION DATE 2024 Page 125 of 362 19YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS FIRE STATION NO. 1 | BURNSVILLE, MN The City of Burnsville’s Fire Station No. 1 is home to a crew of all full-time firefighters and more than 44,000 SF with 10 apparatus bays. Firefighter safety was one of nine guiding principles for the station. Multiple contamination zones and a designated decontamination area will allow firefighters to keep contaminated equipment and clothing in the apparatus bay until decontaminated. Another priority in the design was firefighter mental health. A warning system that slowly ramps up with alert tones and lighting while only alerting responding staff ensures firefighters are not awoken in an abrupt manner. The station includes areas for relaxation with different lighting to promote natural sleep rhythms, as well as a yoga studio and meditation garden. Extensive firefighter training features including Firefighter 1 and advanced training elements are highlights of the station. PROJECT CHALLENGE: The site itself created a challenge during design. There was considerable elevation change throughout the site and in order to fit the programmed building and appropriate apparatus circulation on site - as well as maintain manageable apparatus driveway slopes - a significant retaining wall stretches from the northwest corner to the southeast corner to create the appropriate balance between building position and elevation. OWNER City of Burnsville CONTACT BJ Jungmann, Fire Chief, 952-895-4571 AREA 44,000 SF COMPLETION DATE 2022 AWARDS Top Gold Award in 2022 Station Design Awards By Firehouse Magazine Page 126 of 362 20YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS FIRE STATION NO. 3 | COON RAPIDS, MN Coon Rapids Fire Station No. 3 is a state-of-the-art facility with a focus on the evolv- ing needs of its community and firefighters. The facility utilizes two pull-through apparatus bays and four double-deep bays, ensuring sufficient space for emergency vehicles and equipment. These apparatus bays are designed to include negative pres- sure separation and other “hot zone” features to reduce toxin exposure. Near the entrance is a prominent museum that houses one of the department’s original fire engines – along with other artifacts; it is both a meaningful tribute to the past and a practical solution for storage. To easily adapt to future needs, the design includes the potential to expand to six suites as the crew grows and transitions to more full- time firefighters. The facility also includes administrative spaces, classrooms, and an additional Emergency Operations Center (EOC). A hose tower with training features, along with a training mezzanine, makes training efficient and effective. Uniquely, the location allows for a secure setup of fireworks on its rooftop. This innovative con- cept was designed using guidelines from the Minnesota State Fire Marshal’s office and standards developed by the National Fire Protection Association (NFPA). LEED sustainability guidelines were incorporated throughout the design, ensuring that the station is as efficient and as forward-thinking as possible. OWNER City of Coon Rapids CONTACT John Piper, Fire Chief, 763-767-6478 AREA 32,000 SF COMPLETION DATE 2024 Page 127 of 362 21YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS FIRE STATION NO. 2 | PLYMOUTH, MN CNH Architects designed a two-story fire station for the City of Plymouth Fire Department to replace an older station on the same site. The new facility will be repositioned to allow for better and faster road access, improving firefighter response times. As firefighter health and safety are a top priority in this project, turnout gear has its own room, separate from apparatus bays, to keep it clean and contaminant free. There is also separation between the apparatus/decontam- ination areas and the residence/administrative areas to reduce toxin transmission. A larger dayroom and kitchen, better suited to meet the department’s needs, provides relaxation for firefighters. Training elements include creating a second floor training room with both window and balcony openings, allowing ladder exercises year round. PROJECT CHALLENGE: Station No. 2 and Station No. 3 both had significant moisture and water intrusion issues, ranging from leaking exterior wall systems and window joint leakage to major basement water intrusion. CNH Architects evaluated each issue and what it would take to correct them to provide safe and functional environments at each of the stations. The solution for Station No. 2 was determined to be a new building, which alleviates any current water issues. The new addition to Station No. 3 was extended along the existing wall with the severe water intrusion issues, making it an internal wall. Sufficient waterproofing was designed for the new exterior wall to eliminate any future issues. OWNER City of Plymouth CONTACT Rodger Coppa, Fire Chief, 763-509-5121 AREA 30,700 SF COMPLETION DATE 2023 Page 128 of 362 22YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS PROGRAMMING CNH Architects will start the process with an in-depth planning session with the City staff, to discuss the goals and spaces required by the city for the Fire Station facility. A full understanding of the City’s specific approach, operation style, project goals and future growth will be developed. This analysis will take into consideration flexibility, efficiency of space use, and site conditions. CNH will provide input based on our significant experience to assist in exploring enhancements to the program as it is developed. At the same time, we will kickoff community outreach and stakeholder infor- mation gathering efforts; connecting and gathering input from all interest- ed parties. During this data collection phase, CNH will also conduct multiple tours of newer fire facilities around the metropolitan area allowing for city comments regarding observations of each visited facility. SCHEMATIC DESIGN While project efficiency will be impacted by decisions made throughout the design process, it is crucial to start discussions regarding sustainable design options and goals at the beginning of schematic design. The discussion will start with evaluating sustainable approaches to develop strategies for de- sign of this facility. We will be diligent in ensuring all aspects of sustainable design will be considered to improve the facility and benefit the occupants, while determining the best balance of sustainable features with the appro- priate budget. CNH will next explore the concept design options, developing actual floor plans and building massings. With input from the City design committee, our team will narrow the design options to focus on a single schematic de- sign concept for the facility and site. The design team’s floor and site plans will focus on response flow, site zoning for safety, welcoming public access, functional staff operations, and many more details. The exterior image will likewise be developed with multiple style options reviewed to identify the best expression of the goals of the city and compatibility with the urban landscape. As this phase is wrapping up, our full team will assist the Con- struction Manager as they update the preliminary cost estimate, provid- ing feedback and validating the schematic design or providing insights to adjustments needed. Page 129 of 362 23YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS DESIGN DEVELOPMENT In this phase, we will work with the Design Committee to create interior elements, texture, and image of the building. CNH Architects will empha- size the use of the 3-D imaging capabilities of our Building Information Modeling (BIM) software to develop renderings of the design options being considered, exploring different options together to find the right approach for this project. We will review and select materials and product choices, as well as develop interior architectural design elements such as millwork, signage, and specialty equipment to be incorporated in the facility. During design development, the training feature goals will be evaluated, and features will be selected and positioned within the design. Operational impacts for training and response, cost, and multi-use of space will all be considered. We will lead a review of the many training elements developed for stations around the country, whether comprehensive elements such as those incorporated in many of our larger stations or a more focused selec- tion of elements designed into areas with a multi-use of space approach. This is also a busy time for mechanical and electrical design as the en- gineering team will fine tune mechanical and electrical system options, reviewing the best fit for this project. Operational details will be discussed and information gathered on special systems within the facility. During this phase the team will work with a custom spreadsheet developed by CNH Architects to gather specific data on specialized equipment and systems that the Fire Department will be bringing to, or including, in the new facil- ity. This spreadsheet will help navigate the multitude of options available, providing the data that our team needs to match the building systems to the specialized equipment. The sustainable design process will continue with a strong focus on ener- gy modeling and multiple system options to reach the sustainable design goals set earlier in the project. In addition to energy and carbon reduction, a focus will be placed on the many other aspects of the broader sustain- ability goals including low-VOC materials, recycled content, daylight har- vesting, and reduced life-cycle impacts. These sustainable design options will be presented to the city in an organized comparison - including fea- tures provided, carbon and energy reduction levels, and potential construc- tion costs so that informed decisions can be made for direction during the following phases. The design development phase will finalize with a collaboration between the design team and Construction Manager (CM) to assist in an updated cost estimate. Together we will also determine the best arrangement and timing of bid packages to address both lead times and project costs. The design team will also identify potential add or deduct bid alternates to be included in the project design providing the desired flexibility at bid time. Page 130 of 362 24YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS CONSTRUCTION DOCUMENTS Once the detailed design has been established, CNH Architects and our engineers assemble the drawings, specifications, schedules, and details that make up the construction documents. We take pride in developing very comprehensive con- struction documents with complete, clear information describing the systems and elements of the building to minimize contractor questions and uncertainty in bidding. Providing comprehensive documents also ensures the use of building detailing that has been shown to provide durability and value for past public project designs. The building will be modeled in 3-D using BIM and Enscape visualization software. In addition to the main architectural BIM model, all the engineer- ing disciplines also model their designs in Revit. This allows us to link them all together to create a comprehensive model from design development through construction document phases. The engineering consultants are required to build all elements as 3-D objects, including smaller items such as light fixtures, power outlets, plumbing faucets, HVAC grilles and structural trussing and braces. This level of detail allows for a high level of coordina- tion between disciplines, ensures clearances for all trades, and validates visual elements of the design. In addition, CNH Architects will conduct collision detection and create visual cuts throughout the combined Revit model, including structure, mechanical, and electrical models near the completion of the project construction doc- uments to locate and eliminate overlapping or incorrectly located building elements. This final quality control step has shown to resolve many potential coordination items that would have been invisible in 2-D drafting. Quality control during this phase will also include a final rechecking of the many building codes, accessibility require- ments, NFPA, and other standards that are applicable to fire station design, as well as a review of client goals and deci- sions that have been documented during previous phases of the project. CNH Architects will complete this phase with a submittal of the completed contract documents for the CM and City to review, comment, and approve. Based on this feedback, the CD documents will be revised to incorporate any required revisions, preparing the final documents for bidding and construction. BIDDING AND NEGOTIATIONS As the project transitions into the bidding phase, CNH Architects and our design team will help maintain a smooth process. We will be available to address contractors’ questions as they arise, lead a pre-bid conference, and will write addenda to clarify bidding questions and to approve submitted substitutions where appropriate. CNH Architects will assist in the process of the opening of bids and evaluating the bid results. We feel it is important to have an in-depth discussion with the low bidders to endeavor to determine if there are any concerns, gaps or irregulari- ties in the bid, as well as to assist the CM to qualify the contractor based on past projects. Page 131 of 362 25YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS CONSTRUCTION ADMINISTRATION We feel the key to success of any project is staying on top of the process from start to finish. Where many firms lose interest in a project after the building is designed and drawings complete, CNH has found that much of the success of the project depends on working through the issues that arise during construction, making sure the client is represent- ed and protected. Unlike many firms, CNH Architects and our engineering team provide the administration of the contract with the same personnel that designed the project. We feel these architects and engineers are the only ones who understand, not only what is on the construction documents, but why the building was designed or detailed that way to begin with. This maintains continuity throughout the process, reducing the potential for construction changes that negatively impact the client goals or the integrity of the building systems. The team members will conduct weekly site reviews of the construction, not bi-weekly or once a month (as is com- mon in the industry). This allows our team to determine construction progress, conformance to the construction doc- uments, and to discuss upcoming construction with the goal of a smooth, efficient construction process that is profes- sional and correctly done. We strive to work in a collaborative approach with the contractors, valuing the knowledge and experience of the many skilled trades people on site. However, our primary objective will be to represent the City of Lakeville, looking out for your best interests including the quality, conformance, and timeliness of the construction. These construction observations will be documented with detailed reports including pictures of progress and items requiring correction. Other construction administration services include providing the document and information flow necessary for this phase of the project. CNH Architects will provide submittal review, respond to requests for information, and provide project change documentation as needed, posting all items to the CM’s project collaboration website. As the construction process comes to an end, CNH Architects will provide preliminary and final punchlists of incom- plete, non-conforming or damaged items for the contractor to address. Our team will then oversee the completion of the punchlist items ensuring each item is satisfactorily addressed. During this final completion phase of construction, CNH and our engineering team will coordinate with and review the Owner’s 3rd Party commissioning agent reports, assisting as needed to direct the contractor to address settings and operational changes identified in the commission- ing process. The final as-constructed record drawings will also be completed and provided to the City of Lakeville at this time. After project completion, CNH Architects considers follow-up and being available for questions a regular part of our service. We feel a great reason for our numerous repeat clients is the service we provide after the project is finished and occupied. Whether it is a problem that has developed that needs review or just helpful advice on adding building systems, we make ourselves available to help. This post-occupancy contact with our buildings has also given us added insight into what is performing well over time and what is not; information that allows us to provide our clients with the best design choices possible. Page 132 of 362 26YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS MENTAL & PHYSICAL HEALTH Higher Standards: While carcinogen reduction is critical, CNH Architects believes firefighter mental health should be a cornerstone of today’s fire station design. CNH’s design team has set a new, higher standard for mental health features as seen in our recent fire station projects. Space for Reflection: CNH Architects designs include the development of spaces in and outside of the station for quiet reflection including interior wellness rooms and exterior meditation plazas and patios. Sound Separation: Multiple layers of sound isolation maximize firefighter sleep. Development of a “dorm suite” design reduces sleep disruption be- tween firefighters during the night and at shift change. Mental Release: Comprehensive fitness areas for improved physical con- ditioning and mental release include both interior and connected exterior physical training areas. Lighting: The “startle response” uses ramped lighting and paging systems while lighting design also maintains firefighter night vision as they progress from dorm room to apparatus bay. Use of circadian lighting within residen- tial areas reinforces natural sleep cycles and promotes relaxation. Through- out the day, the color temperature of the light changes to mimic the natural lighting outside. • Morning light tends to be warmer in color and helps promote waking up. • Midday light is cooler in color and helps promote high alertness. • Evening light tends to be warmer in color and helps promote relaxation. TRAINING ELEMENTS Fire Training: There are many benefits to providing training opportunities within a fire station design. These include reduced external training costs, increased training availability, and maintaining firefighter availability for calls during training sessions. Elements Include: Ground Ladder Training/Evolutions Confined Space Rescue Hose Advancement/Stairwell Evolutions Hose Advancement – Hydrant/FDC Fire Attack Wall & Floor Breach Advanced Technical Rescue (Rope Rescue/Rappelling) Positive Pressure Ventilation & Vertical Ventilation Forcible Entry Prop High Rise Training Search & Rescue Maze Vehicle Extraction Plaza Aerial Ladder Truck Exterior Rappelling Alarm Panel Training Sprinkler System Training Page 133 of 362 27YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS TOXIN REDUCTION Reducing Exposure: Cancer is a leading cause of death among firefighters due to the toxins they are exposed to while fighting fires. CNH Architects’ staff are experts on fire station zoning and have developed and imple- mented working strategies to reduce exposures to harmful chemicals for a variety of new and remodeled stations. Carcinogen Reduction: Zoning the fire station based on carcinogen risk is critical in improving firefighter health. Approaches include providing enclosed turnout gear rooms and careful transitions between zones. Prop- er HVAC prevents cross contamination between “hot” zones with ramped exhaust and “cold” zones with positive pressure. Decontamination: For every 5° that body temperature rises, skin absorption rates of carcinogens increase by as much as 400%. Positioning decon show- ers within the decontamination route is crucial in removing the toxins from firefighters in a timely manner upon returning from the fire scene. Adjacent enclosed gear decon room is another important element in segregating and removing carcinogens. All decontamination areas have constant negative pressure routing toxins directly out to the exterior. Material Selection: Eliminating formaldehyde and other chemicals from building materials and controlling radon gas exposure are also critical in carcinogen reduction. Selecting durable, easy-to-clean finishes allows for contaminates to be thoroughly removed. SUSTAINABLE DESIGN LEED Accredited Professionals: CNH Archi- tects’ public safety design team is comprised of many LEED accredited professionals, meaning they are proficient in today’s sustainable design, construction, and opera- tion standards. Page 134 of 362 28YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS STRONG, LONG-STANDING RELATIONSHIPS The City of Lakeville is important to CNH Architects and we approach each of our clients with this foundational attitude. Developing mutual respect and strong partnership with our clients permeates who we are. We take pride in being accessible to our clients, being trustworthy, and providing high-quality service. At CNH Architects, we treat our clients, consultants, and construction personnel with respect, as we believe they all have a valuable perspective and role in a smooth, successful project. We feel this leads to the long-lasting relationships CNH has with each of the cities that we have had the fortune to work with, often resulting in partnering on multiple projects and many relationships extending over decades. We look forward to the opportunity to continue to build a relationship with the City of Lakeville. Page 135 of 362 29YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS 29YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS Based on the information contained in this Proposal for the City of Lakeville Combined Fire Station Facility project, for a station of approximately 42,200 square feet in size, we would propose a fixed fee of $1,484,400. This is based on the basic services described in standard AIA documents and includes the services described below. SERVICES INCLUDED IN FEE Architectural and Interior Design Civil Structural Mechanical Electrical Landscape Architecture REIMBURSABLE EXPENSES Printing and Plotting Mileage BREAKDOWN OF FEE BY PHASE PHASE % Schematic Design Design Development Construction Documents Bidding Administration Construction Administration 12% 20% 44% 3% 21% CONTRACT AGREEMENT CNH Architects recommends and assumes a standard AIA Owner-Architect Agreement will be signed for this project. For more than 100 years, the American Institute of Architects (AIA) has been developing standard forms and agreements for use on design and construction projects. AIA uses representatives ranging from owners, architects, contractors, attorneys, and insurance agents to develop AIA documents. Page 136 of 362 30YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS 30YOUR SUCCESS IS OUR INSPIRATION. CNH ARCHITECTS Title Bill Rate Principal $270.00 Senior Associate Principal $240.00 Associate Principal $225.00 Senior Project Manager $210.00 Project Manager III $200.00 Project Manager II $190.00 Project Manager I $180.00 Senior Architect $195.00 Architect III $185.00 Architect II $180.00 Architect I $175.00 Senior Interior Designer $185.00 Interior Designer III $170.00 Interior Designer II $155.00 Interior Designer I $140.00 Designer Senior $175.00 Designer III $165.00 Designer II $155.00 Designer I $145.00 Tech II $125.00 Tech I $110.00 Marketing Director $150.00 Accounting Administrator $120.00 REIMBURSABLES Consultant mark-up 15.0% In-house Copies (b/w & color) $0.25 each In-house Plots $0.35 / square foot Mileage $0.70 / mile (as specified by IRS) Lodging At cost The above rates are effective January 1, 2025. HOURLY FEE SCHEDULE Page 137 of 362 Page 138 of 362 Page 139 of 362 Page 140 of 362 Page 141 of 362 Page 142 of 362 Page 143 of 362 Page 144 of 362 Page 145 of 362 Page 146 of 362 Page 147 of 362 Page 148 of 362 Page 149 of 362 Page 150 of 362 Page 151 of 362 Page 152 of 362 Page 153 of 362 Page 154 of 362 Page 155 of 362 Page 156 of 362 Page 157 of 362 Page 158 of 362 Page 159 of 362 Page 160 of 362 Page 161 of 362 Page 162 of 362 Date: 4/7/2025 Contract for Street Surface Sealing Proposed Action Staff recommends adoption of the following motion: Move to award a contract with Corrective Asphalt Materials, LLC for the 2025 Surface Seal Project, City Project 25-06. Overview To preserve and extend the lifespan of city streets, the City annually applies surface sealing as part of its pavement management program. The surface seal project this year is proposed to include sealing approximately 18.5 miles of residential streets. Surface sealing preserves pavements in good condition and prevents premature deterioration. The City will continue using Reclamite in 2025, as in previous years. It is a maltene-based pavement rejuvenating product that extends the life of pavements by penetrating and sealing the surface of the pavement. On Tuesday, March 11, 2025, at 10:30 a.m. the City received one bid for the project. The bid of $354,250 was submitted by Corrective Asphalt Materials, LLC. The engineer's estimate for the project was $363,717, with a budget allocation of $375,000. Corrective Asphalt Materials, LLC has successfully performed surface sealing for the City in past years, delivering satisfactory results. After a thorough review of the bid, staff recommends awarding the contract to Corrective Asphalt Materials, LLC. Supporting Information 1. Agreement 2. Surface Seal Project Map Financial Impact: $354,250 Budgeted: Yes Source: Pavement Management Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Ferraro, Public Works Coordinator Page 163 of 362 Page 164 of 362 Page 165 of 362 Page 166 of 362 Page 167 of 362 Page 168 of 362 Page 169 of 362 Page 170 of 362 Page 171 of 362 Date: 4/7/2025 Agreement with Davey Resource Group for Professional Services for Vegetation Management Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement with Davey Resource Group for professional services for vegetation management, City Project 25-54. Overview The City's adopted five-year Capital Improvement Plan (2025-2029) includes vegetation management of City properties. The City's natural resources management program is designed to manage, promote, and protect the City's natural resources, including creeks/streams, greenway corridors, stormwater management basins, prairies, wetlands, and woodlands. The City annually implements management strategies to preserve and enhance the quality of the City's natural resources. The 2025 program includes restoration practices and mechanical/chemical treatments designed to manage the spread of invasive species such as buckthorn, garlic mustard, ragweed, stinging nettle, thistle, wild parsnip, Japanese Knotweed and Siberian Elm. The City received two quotes for the 2025 priority one vegetation management locations, ranging from a low quote of $91,045.00 submitted by Davey Resource Group to a high quote of $124,307.00. The Agreement establishes the scope of services, estimated cost and proposed schedule to complete the work. Scheduled management strategies are programmed to be completed by the end of 2025. Supporting Information 1. 2025.04.07 Contract with Davey Resource Group for P1 Areas Financial Impact: $91,045.00 Budgeted: Yes Source: Utility Fund - Env. Res. Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities. Report Completed by: Ann Messerschmidt, Environmental Resources Specialist II Page 172 of 362 CONTRACT FOR PRIORITY 1 MAINTENANCE SERVICES AGREEMENT made this 7th day of April 2025, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and CT CORPORATION SYSTEMS INC. dba Davey Resource Group, Inc., a Delaware corporation, ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 1.SCOPE OF SERVICES. The Contractor agrees to perform the services set forth in the Contract Documents. Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary thereto specified in the contract documents. The Contractor shall provide the Priority 1 Maintenance Services for the Property Descriptions/Locations attached as Exhibits A and A-1 as Scope of Services details and Maps of each site. Contractor shall complete and provide the Treatment Summary in the form attached hereto as Exhibit B, or via provided web application link within three (3) days of any treatment. Contractor shall provide the End of Season Report in the form attached hereto as Exhibit C by November 30, 2025. 2.CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A.This Agreement. B.Contractor’s Proposal. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “B” has the last priority. 3.COMPENSATION. Contractor shall be paid by the City for the services described in Paragraph 1 in accordance with the fee schedule attached in the Contractor’s Proposal which is inclusive of reimbursable expenses. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 4. TERM. The term of this contract is April 7, through December 31, 2025. Page 173 of 362 5. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents, and the rights and remedies available there under shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 6. CONDITION/INSPECTION/REMEDY. A. Services shall be subject to inspection by the City. B. Defective work shall be removed and replaced, or satisfactorily repaired. 7. CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the fee schedule provided in the Contractor’s Proposal or negotiated between the parties based on similar work provided in the Proposal. 8. UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 9. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. 10. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 11. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 12. INDEMNIFICATION. Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, to the extend caused by Contractor’s negligence or its negligent performance or failure to perform its obligations under this Contract. Contractor’s Page 174 of 362 indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract for a period of one (1) year. Notwithstanding anything to the contrary in this Agreement, Contractor’s indemnity, defense, and hold harmless obligations will not extend to any claim or liability that is alleged to be caused by the negligence or willful misconduct of the indemnified party or other third party not controlled by Contractor; rather, such indemnification claims will be administered based upon a determination of the degree of comparative fault of each party. Contractor retains the right to select counsel reasonably acceptable to the indemnified party, and the indemnified party will provide reasonable cooperation and not unreasonably withhold consent to settle any claims for which Contractor is providing defense or indemnification. Notwithstanding anything to the contrary, in no event will Contractor be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, and in no event will Contractor’s aggregate liability arising out of this Agreement, or the services performed exceed the amount of the applicable insurance limits set forth in this Agreement. 13. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The 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 Professional Liability $1,000,000 Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with limits are as follows: Page 175 of 362 $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor shall, prior to commencing the Services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The Contractor’s policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. All insurance policies (or riders) required by this Agreement shall be (i) Taken out by the Contractor and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) Shall contain a provision that 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. (iii) Shall include Contractor as an insured party and City as an additional insured with respect to General Liability, Auto Liability, and umbrella policies on a primary and non-contributory basis, (iv) Shall be in accordance with specifications approved by the insurance advisory for City, and (v) Shall be evidenced by a Certificate of Insurance listing City as an additional insured which shall be filed with the City. Certificates of Insurance that do not meet these requirements will not be accepted. Certificates of Insurance shall include the policy endorsements showing the City included as additional insured on a primary and non-contributory basis. 14. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 15. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall Page 176 of 362 comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. 16. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 17. 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. 18. 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. 19. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 20. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 21. RECORDS. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. 22. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold Page 177 of 362 Page 178 of 362 EXHIBIT A SCOPE OF SERVICES AND SITE MAPS City of Lakeville contact for this contract: Ann Messerschmidt (952) 985-4528 – office phone, or (612) 283-8383 – cell phone; amesserschmidt@lakevillemn.gov. Section 1 –Meetings 1.1 Preliminary Meeting: Site supervisor is to meet city contact on site before, or on, the first day of work if they were not previous year contractor for the listed sites. An online meeting will work if previous contractor. The site lead/supervisor should be in attendance at either type of meeting. 1.2 Mid-season Meeting: After the first round of treatments occur, the city contact may request a meeting to discuss any changes needed in the plan for the remainder of the year (meet on-site if needed). Section 2 – Timing of Weed Control 2.1 Inspection of Area Inspections are to be conducted based on growing season and weed cycles by Contractor listed in this agreement. Plan on scheduling maintenance of sites based on plant phenology across the metro. City contact might alert you to timing needs based on site inspections, but it is the Contractor’s responsibility to provide the maintenance at the proper time. Make sure areas outside of boundary on map are searched for spreading of target species and manage them at the time of discovery. Inform Lakeville staff of locations found outside of mapped areas. 2.2 Scheduling & Timing of Treatment Maintenance is to occur before seed-out of weedy species. If contractor misses the timing and target species seeds out, the Contractor will be responsible for additional work at no cost greater than the predetermined estimate. Invasive and weedy species are to be controlled by mechanical or chemical means during the growing season as indicated on map exhibits and quote sheet. All treatments should be rechecked after one week and before two weeks after treatment unless otherwise noted on quote sheet. Any missed plants should be treated or pulled if seeding out. Timing of treatment for each site is indicated on the quote sheet and on each site map. Ideally treatments will occur in early spring to stop tall growth of unwanted species and treatment focus should be conducted on the small plants/rosettes long before the plants seed out. 2.3 Communication City contact must be contacted at least 24 hours prior to maintenance activities. Items in the quote sheet that are greyed out are optional and need determined by city contact. Do not conduct greyed-out work until confirmed by city staff. If management occurs and communication was not made first with city contact, the city reserves the right not to pay for that management activity conducted. Page 179 of 362 Section 3 – Type of Maintenance 3.1 Mechanical Removal (mowing/weed whipping/hand pulling) Mechanical tools and equipment should be cleaned of any debris or seeds before used at each site. The tools can be used as needed but ensure soil disturbance is kept to a minimum. Avoid desirable native species. Mowing is typically the whole site, but groupings of native plants can be avoided. Mowing is to be no lower than 6” from the ground. If hand weeding makes the most impact, use that as the preferred method. Remove as much of the root system as possible. Stamp down any disturbed soil from hand pulling. Mechanical methods are preferred over chemical methods to reduce chemicals in the environment. 3.2 Chemical Use When needed, spot spraying is preferred to vast area spraying. The amount and type of chemical used should be considered and label should always be followed. When spraying near water, “water safe” chemicals are to be used. Avoid spraying on windy days to avoid drift. Please use blue dye during all sprays (not just fall) to help avoid missed plants. 3.3 Woody Control For list of species see section 6 below. Undesired/volunteer trees and shrubs are to be cut down when found at any visit. Size: a thin whip to 3” at diameter at breast height (dbh). This should mean there are not many volunteer trees and shrubs left in fall to cut and stump treat. If unsure if a species should be managed or not, reach out to city contact. 3.4 Burn Provide a cost to conduct a burn for the site. If fuel load isn’t adequate, discuss with city contact, but plan on conducting a burn before November 20. Plan for alternative site preparation if burn cannot be conducted if burn is listed before a seeding on quote sheet. 3.5 Seed • For sites with ‘seed’ listed as an optional management, the contractor should assume seed costs at $500 per acre for quote. Work with city staff to determine type of seed for each site before purchase. The goal of the city is to have simple native mixes of 6- 8 hardy species that are under 3 ft in height and are best suited for the soils and sunlight conditions of each site. If seed costs are more than $500, and the city contact agrees with suggested seed mix, the city will pay the difference above the $500 per acre. • All seeding should be planned for the fall before November 20, or just after a burn, (if a burn is planned prior to seeding). If no burn is to be conducted, any site prep needed for the seed to be successful should be included with the seeding cost. • The contractor is to determine best site prep and seeding methods for greatest establishment success. • The contractor will provide 1 year warranty for each seeding location. Seeding assessments will be conducted by city contact in July and before September 1 in the Page 180 of 362 year following the seeding. If seed isn’t establishing, the contractor is required to reseed the area with same determined mix. Section 4 – General Guidance 4.1 The Contractor will furnish all relevant expertise as well as all labor, materials, equipment (clean), skills, safety and performance of all operations required to complete all requested maintenance work. Items of note and expectations: - Most sites on quote sheet have been managed for several years (unless otherwise noted on map). Management needs should be minimal because of previous management. - City expects contractor to have strong plant identification skills, especially with native plants, invasive species and weedy species. - City expects contractor to research and determine best management methods and timing to manage listed invasive species. Consult with city contact expected course of action. - Equipment used by contractor must arrive on site free of weed seeds, plant parts or soil from offsite. If equipment is inspected by City staff upon arrival and not satisfactorily clean, the City reserves the right to require the contractor to leave, clean equipment and return to the site to complete the work at no additional cost to the City. - Contractor may not spray-out unused herbicide tanks on site and must be dealt with using environmental safety regulations. - Follow up inspection by contractor and treatment of target species missed within two weeks of treatment window unless otherwise noted on quote sheet. - Onsite staff conducting maintenance must have through knowledge of this contract and its obligations. Any questions should be clarified with city contact. - Provide at least 24 hours in advance of when you will be onsite with city contact. 48 hours is preferable. - The lead, who will be present at the site, must make sure to talk with the city contact before work is completed to ensure the correct work is completed at the correct locations. - Payment will be distributed after treatment summaries have been received and adequate results have been achieved from conducted management activity and follow up inspection – see Section 8. Section 5 – Removed Plant Material Disposal 5.1 The City does not have a location to place plant material, so ensure that proper equipment is onsite to properly dispose of removed plant material, or within 24 hours at latest. Quote should reflect the inclusion of the disposal costs of plant material. Section 6 – Performance Standards Page 181 of 362 6.1 Tasks (mowing, weed whipping, general spot treating, etc.) must kill/cut back 90% of the target species that are present at the time of the project. Priority target species must be controlled prior to flower development. Incidental spraying/cutting of non-target species will be kept at a minimum. o Weedy and Invasive Species The goal is to have the area contain as few weed species as possible with particular attention paid to removal of thistle, wild parsnip, garlic mustard, purple loosestrife, burdock, ragweed, birds foot trefoil, stinging nettle, clovers, leafy spurge, crown vetch, Japanese hedge parsley, or any MDA listed invasive species. Undesirable trees/shrubs: boxelder, buckthorn, black locust, Siberian elm, mulberry, honeysuckle, willows, etc. All volunteer trees should be cut each visit and chemically treated at least once in the fall. o Native Species Native forbs and grasses are the most desirable plants at each location. All maintenance efforts should be conducted to enhance native species with preference to forbs. If contractor misses the window for spraying and the target species such as thistle seeds out, the contractor is responsible for hand removal of plants in a manner that does not distribute seeds and are also responsible for disposal of the plant material in a manner that doesn’t spread the seed, or a written treatment plan that includes timelines for management must be provided and agreed upon by city contact. Follow up treatments at the cost of the contractor may be requested if these standards are not met. Section 7 – Site Specific Information – See each map Section 8 –Reporting 8.1 Treatment Summary Fill out the city provided ‘Treatment Summary’ form, or online web application, after treatments are conducted and provided to City within 3 working days, form attached here to. We have electronic forms for each site. Please contact city contact if a login is desired. Paper or electronic submittals will be accepted. 8.2 End of Season Summary Fill out the City provided ‘End of Season Summary’, or equivalent information, at the end of the season and provide to the city contact when final site visits are completed, or Page 182 of 362 no later than November 30, 2025, detailing issues at each location and recommendations for the following maintenance season, attached here to. Page 183 of 362 EXHIBIT “A-1” MAPS Page 184 of 362 06 18 02 23 01 05 15 24 26 CITY OF LAKEVILLE PRIORITY 1 SITES ¯ Page 185 of 362 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 01. 205TH CHANNEL TREATMENT AREA Page 186 of 362 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 02. SOUTH CREEK HAMBURG Page 187 of 362 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 05. EAST LAKE MITIGATION & POND Page 188 of 362 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 06. SHADY OAK GROVE WETLAND RESTORATION Page 189 of 362 2025 2024 2027 20272026 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 15. AVONLEA CREEK & WETLAND RESTORATION Page 190 of 362 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 15A. AVONLEA 'BUMP OUTS' 1-3 Page 191 of 362 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 18. CASPERSON PARK WOODLAND Page 192 of 362 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 23. ORCHARD WALL VEG. ESTABLISHMENT Page 193 of 362 2025 2024 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 24. MIDDLE CREEK Page 194 of 362 1. 2. 3. Notes: 1 2 3 ¯FREQUENCY OF MAINTENANCELOCATION 26. CASLANO CHANNEL Likely will add this area in spring 2025 - ask about this area Page 195 of 362 EXHIBIT “B” TREATMENT SUMMARY Page 196 of 362 Get fillable version from Lakeville staff Page 197 of 362 EXHIBIT “C” END OF SEASON SUMMARY Page 198 of 362 Get fillable version from Lakeville staff Page 199 of 362 CONTRACTOR’S QUOTE PROPOSAL Page 200 of 362 Project: Company: Contact: SITE NAME TYPE ACRES TIMING NOTES COST SITE TOTAL SPOT SPRAY 0.2 Before May 1 WOODY CONTROL 0.2 Before October 10 MOW or SPRAY 3 Before June 20 Cut back 1/2 of canada goldenrod and leave on site. MOW or SPRAY 3 Before August 10 Cut back 1/2 of canada goldenrod and leave on site. MOW or SPRAY 3 Before May 1 WOODY CONTROL 1 Before October 10 Near larger trees (should be mowed in grass areas) BURN 3 Before November 20 SEED 3 Before November 20 Assume seed will cost $500/acre. See contract for details. Location 1 - 205th Channel Location 2 - South Creek Hamburg City of Lakeville Priority 1 Sites (2025) Refer to contract for further details. Use blue dye when spraying all year to help avoid missed areas. Cut down volunteer trees when found at any visit. Black locust must be chemically treated each visit if showing growth. Make sure areas outside of boundary on map are searched for spreading of target species and manage them at the time of discovery. Inform Lakeville staff of locations found outside of mapped areas. Before May 1: Treat for garlic mustard in rosette stage/before it seeds out. Treat small thistle or any wild parsnip when identified at this time as well.Recheck site after 7 days and before 15 days to treat any missed plants after first spray. Before June 20: Spray thistle, crown vetch, burdock and other weedy species before they seed out. Treat small ragweed and any volunteer trees found. Recheck site after 7 days and before 15 days to treat any missed plants after spray. Before July 10: Spot spray buckthorn (as well as thistle and other weeds). Mow buckthorn if spraying isn't possible due to high temperatures. Before August 10: Spray or mow ragweed before it puts off pollen. If this is the last date of managment for the site, make sure to manage any remaining volunteer trees and shrubs not already managed by cutting and treating stump. Recheck site after 7 days and before 15 days to treat any missed plants. Up to 30 days for volunteer trees managed. Before October 10: Cut any remaining volunteer trees and invasive shrubs (boxelder, siberian elm, buckthorn, etc) and stump treat. Size: whip to 3" dbh. Recheck site before November 20 and manage any missed volunteer trees and weeds. Before November 20: Fall seeding before snowfall. Color codes are indicated at the top of the sheet as to what type of project the site is. $450.00 $500.00 $1,900.00 $1,700.00 $1,700.00 $1,350.00 $6,665.00 $3,915.00 $450.00 $500.00 $1,900.00 $1,700.00 $9,715.00 $3,915.00 Davey Resource Group Ben Rietz, ben.rietz@davey.com Page 201 of 362 SITE NAME TYPE ACRES TIMING NOTES COST SITE TOTAL SPOT SPRAY 0.5 Before June 20 Look for any possible purple loosestrife and treat if found. WOODY CONTROL 0.5 Before October 10 SPOT SPRAY 0.4 Before June 20 Possibly spray weedy species before they seed out. SPOT SPRAY 0.4 Before May 1 Spray thistle, crown vetch and other weedy species before growth and seed out. WOODY CONTROL 0.4 Before November 20 SPOT SPRAY 12 Before May 1 Mow three 'bump outs' to 6" along Gr. Gables/Glenbridge MOW & SPRAY 12 Before June 20 Spray 2024 willow area. Mow three 'bump outs' to 6". Mow or spray rest. MOW 0.1 Before August 10 Mow three 'bump outs' to 6". MOW 11.9 Before August 10 Target ragweed at this time. WOODY CONTROL 11.9 Before October 10 Remove all willow in 2025 area. Respray 2024 area again if needed. SPRAY or MOW 2.2 Before July 10 SPOT SPRAY 2.2 Before May 1 SPOT SPRAY 2.2 Before October 10 Must be after first weekend in October. SEED 2.2 Before November 20 Assume seed will cost $500/acre. See contract for details. SPOT MOW 0.03 Before June 20 Seeded last fall. Try to mow around short natives. MOW or SPRAY 0.03 Before August 10 Spot mow or spray before weed species seed out. MOW or SPRAY 0.03 Before October 10 Loaction 6 - Shady Oak Grove Wetland & Buffer Location 5 - East Community Park Mitigation and Pond Location 18 - Casperson Park Woodland Locaiton 23 - Orchard Wall sites A & B on 175th St W Location 15 & 15(a) - Avonlea & East Pond + 'Bump outs' added (a) $380.00 $420.00 $550.00 $400.00 $400.00 $2,500.00 $2,760.00 $400.00 $2,500.00 $7,000.00 $1,300.00 $500.00 $1,300.00 $2,790.00 $325.00 $375.00 $375.00 $380.00 $420.00 $550.00 $400.00 $400.00 $5,260.00 $400.00 $2,500.00 $7,000.00 $1,300.00 $1,800.00 $2,790.00 $325.00 $375.00 $375.00 Page 202 of 362 SITE NAME TYPE ACRES TIMING NOTES COST SITE TOTAL SPRAY 10 Before May 1 MOW or SPRAY 10 Before June 20 SPOT SPRAY 10 Before July 10 Mow down buckthorn and other volunteer trees or weeds if spray isn't possible. MOW or SPRAY 10 Before August 10 WOODY CONTROL 10 Before October 10 Treat then cut. SEED 3 Before November 20 Assume seed will cost $500/acre. See contract for details. SPRAY 3 Before May 1 Focus on Garlic Mustard, but also target any small thistle. SPRAY 3 Before June 20 Ensure no thistle seeds out, but also target small ragweed. SPRAY 3 Before August 10 Ensure no ragweed produces pollen. WOODY CONTROL 3 Before November 20 SEED 3 Before November 20 Assume seed will cost $500/acre. See contract for details. Reporting COST All Locations COST 2025 TOTAL with all optional treatment (Highest possible amount) Location 24 - Middle Creek at Pinnacle Reserve *Invoice must be per location & include date of visit.* Perform maintenance based on phenology of area. Must confirm with city contact prior to treatment. Use provided templates or webmap application. Submit site activity reports within 3 days of completing. End of season summary form for each location is due by November 30, 2025. Additional Maintenance - Per Visit COST Additional vegetation management by mechanical or chemical means as directed by city staff. (Per hour COST including mobilization and equipment) Location 26 - Caslano TOTAL (all numbers in orange - to be used for quote comparison least contracted amount) $4,900.00 $4,900.00 $4,900.00 $6,285.00 $4,000.00 $5,200.00 $11,590.00 $1,800.00 $2,000.00 $11,590.00 $1,800.00 $2,000.00 $9,200.00 $1,900.00 $1,800.00 $3,915.00 $3,915.00 $3,700.00 $11,185.00 $300.00 $33,325.00 $91,045.00 $115.00 Page 203 of 362 Date: 4/7/2025 Resolution Approving Charitable Gambling for Lakeville Soccer Club Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution granting approval to Lakeville Soccer Club to conduct lawful gambling at Angry Inch Brewing. Overview Lakeville Soccer Club has applied to the State of Minnesota Gambling Control Board to conduct gambling activities at Angry Inch Brewing, 20841 Holyoke Avenue. 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 204 of 362 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION APPROVING CHARITABLE GAMBLING FOR LAKEVILLE SOCCER CLUB WHEREAS, the City of Lakeville received an application from the Lakeville Soccer Club to conduct gambling activities at Angry Inch Brewing, 20841 Holyoke Avenue; and WHEREAS, the Lakeville Soccer Club is a qualified organization; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeville grants approval to the Lakeville Soccer Club to conduct gambling activities at Angry Inch Brewing, 20841 Holyoke Avenue. ADOPTED by the Lakeville City Council this 7th day of April 2025. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 205 of 362 Date: 4/7/2025 Temporary on-sale liquor license to Dakota Curling Club Proposed Action Staff recommends adoption of the following motion: Move to approve the issuance of a temporary on-sale liquor license to Dakota Curling Club. Overview The Dakota Curling Club applied for a temporary on-sale liquor license for its Cinco de Mayo Bon Spiel Event on May 2-4, 2025. The Cinco de Mayo Bon Spiel event will be held at the Dakota Curling Club, and they have applied for an administrative permit to set up an on-site tent for overflow seating. The tent will cover three parking spaces. 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 206 of 362 Date: 4/7/2025 Agreement with JustFoia for Public Records Request Management Proposed Action Staff recommends adoption of the following motion: Move to approve the attached agreement with JustFoia for the implementation of a new Public Records Request Management System. Overview The City of Lakeville currently processes public records requests manually and tracks requests in Excel. To enhance efficiency, transparency, and compliance with data practice laws, the City proposes to enter into an agreement with JustFoia. JustFoia is a cloud-based solution that streamlines record requests, improves response times, and integrates with existing city systems. The city attorney reviewed the agreement. The investment is expected to reduce administrative workload and enhance resident service delivery. Staff recommends approval of the attached agreement and addendum for implementing a new Public Records Request Management System. Supporting Information 1. City_of_Lakeville JustFoia Agreement 2. Addendum 1 City of Lakeville – 34835 – JFNewPro+SSO Financial Impact: $14,477.00 Budgeted: Yes Source: City Clerk Budget Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 207 of 362 MASTER SERVICES AGREEMENT NO. 25268 Last updated: August 2024 MCCI MSA Page 1 of 9 234907v1 This Master Services Agreement No. 25268 (this "Agreement") is effective on date of last signature (“Effective Date”) and is made by and between MCCi, LLC, a Florida limited liability company, with its principal office located at 3717 Apalachee Parkway, Suite 201, Tallahassee, FL 32311 (“Company") and Client (defined herein). Company and Client may each be referred to individually herein as a “Party” or collectively as the “Parties”. The terms “Client” in this Agreement shall also include Client’s “Affiliates,” defined as a legal entity that directly or indirectly controls, is controlled by, or is under common control with the applicable Party. It is agreed that Client’s Affiliates who are a party to the applicable Order (defined below) shall enjoy the same rights, benefits and obligations set forth in this Agreement as are applicable to Client. As used in this Agreement, “Company” means the Company Affiliate providing the Services (defined below) to the Client in the applicable Order. The Parties hereto intending to be legally bound hereby, agree as follows: 1. Scope of Service Company and Client may develop and enter into one or more sales orders, attached hereto or incorporated by reference, incorporating a description of the specific goods and/or services requested by Client and agreed to be performed or otherwise provided by Company (and as modified in writing by the Parties, each an “Order”). Company will provide to Client those goods and/or services described as its obligation in the Order (collectively, the “Services”). If applicable, each Order will also describe items specifically required to be delivered by Company to Client (each a “Deliverable”), and the acceptance criteria, if any, for each of the Deliverables. Further, each Order will set forth, among other things, tasks to be performed by the Parties and roles and responsibilities of each Party. Each Order shall specifically identify this Agreement and indicate that it is subject to the terms hereof. Unless provided to the contrary in the applicable Order, to the extent there are any conflicts o r inconsistencies between this Agreement and any Order or Client purchase order, except in regard to Sections 2 or 3 herein, the provisions of this Agreement shall govern and control. Use of pre-printed forms, including, but not limited to email, purchase orders, shrink-wrap or click-wrap agreements, except those that may appear in the appliable Order, acknowledgements or invoices, is for convenience only and all pre -printed terms and conditions stated thereon, except as specifically set forth in this Agreement, are void and of no effect. No amendment or modification to this Agreement will be valid unless set forth in writing and formally approved by authorized representatives of both parties. To the extent that there ar e any conflicts or inconsistencies between this Agreement and any Client-entered third-party government purchasing agreement (“Purchasing Vehicle”), the provisions of the Purchasing Vehicle shall govern and control. No change order, notice, direction, authorization, notification or request (each a “Change Order”) will be binding upon Client or Company, nor will such Change Order be the basis for any claim for additional compensation by Company, until Client and Company have agreed in writing to the same. Each Company Affiliate will only be liable for those obligations expressly set forth in the applicable Order to which it is a party and the applicable Affiliate will invoice client for the same. In no event will a Company Affiliate be liable for any of the obligations or liabilities of any other Company Affiliate pursuant to this Agreement. 2. Fees Client shall pay to Company the fees and other compensation and or reimbursement set forth in each Order. The Client acknowledges that it may incur expenses as associated with non-refundable items (e.g., airline tickets, training/install charges, hotel reservations, rental cars, and the like), in the event that (i) Client cancels or reschedules performance, after Company has made the applicable arrangements; or (ii) If Client is not prepared upon Company’s arrival, which results in cancellation, delays, and/or the need to reperform any Deliverables. 3. Invoicing and Payment Unless otherwise stated in an Order, Company will invoice Client for all fees, charges and reimbursable expenses on a monthly basis and upon completion of each Order. Client agrees to pay all undisputed invoices and undisputed portions of a disputed invoice in full within thirty (30) days from the date of each invoice. Failure to pay invoices by the due date, unless Company has been informed by said due date that an invoice is being contested and the reason therefor, may result in the imposition of interest charges to the extent allowable by law as well as any associated le gal and collection fees incurred. In all events, Client shall be liable for full payment for Services and/or Deliverables and reimbursement of Company's expenses incurred through the effective date of termination. If Client cancels or suspends an Order, pursuant to this Agreement and only if allowed her eunder, between completed milestones, Company will invoice Client for a pro-rated share of the completed portion of each milestone(s) for Deliverables performed through the date of such termination or delay. If Services are resumed or Delive rables continued, Company will recommence invoicing per the applicable Order. Page 208 of 362 Last updated: August 2024 MCCI MSA Page 2 of 9 234907v1 To the extent that Client is not exempt and/or has not communicated its tax status to Company, Client further agrees to pay amounts equal to any federal, state or local sales, use, excise, privilege or other taxes or assessments, however designated or levied, relating t o any amounts payable by Client to Company under this Agreement or any other Agreement between the Parties, exclusive of taxes based on Company’s net income or net worth. Client understands and accepts that any pricing set forth in an Order does not include such taxes. All recurring software maintenance support, subscriptions and/or other service packages (“Recurring Services”) will automatically renew unless Client has (a) terminated the Agreement and/or applicable Order, per Section 4; (b) provided sixty (60) days written notice prior to the scheduled renewal date of the Recurring Services; or (c) not paid in full the renewal invoice within 45 days after scheduled renewal date of the Recurring Services, the Order (and/or applicable addendum) will systematically terminate, but may be reinstated if/when the Client pays the renewal invoice in full (inc luding any applicable reinstatement fees); Once payment has been received, no refunds for Recurring Services are available. 4. Term, Termination, and Cancellation This Agreement will commence on the Effective Date and will be effective for the longer of (i) a one (1) year period or (ii) the term of the original Order and will renew automatically for one (1) year periods and continue in full force and effect, unless terminated by either Party as set forth below. Termination of this Agreement or any Order hereunder may occur upon any of the following: (a) Thirty (30) days after a Party’s receipt of written notice from the other Party that this Agreement or the Services, in whole or in part under an Order, shall be terminated; or (b) Thirty (30) days after a Party notifies the other in writing that they are in breach or default of this Agreement, unless the breaching Party cures such breach or default within such thirty (30) day period; or (c) Fifteen (15) days after the filing of a petition in bankruptcy by or against either Party, any insolvency of a Party, any appointment of a receiver for such Party, or any assignment for the benefit of such Party’s creditors (a “Bankruptcy Event”), unless such Party cures such Bankruptcy Event within the fifteen (15) day period; or (d) If Client is a city, county, or other government entity the following applies: If Client’s governing body fails to appropriat e sufficient funds to make payments due and to become due during Client’s next fiscal period, Client may, subject to the terms here in, terminate the applicable Order as of the last day of the fiscal period for which appropriations were received (each an “Event of Non-appropriation”). Client agrees to deliver notice of an Event of Non-appropriation to Company at least 30 days prior to the end of Client’s then-current fiscal period, or if an Event of Non-appropriation has not occurred by that date, promptly upon the occurrence of any such Event of Non -appropriation. If this Agreement is terminated following an Event of Non-appropriation, Client agrees (but only to the extent permitted by applicable law) that, for a period of one (1) year from the effective date of such termination, Client shall not purchase or otherwise acquire any technology performing functions similar to those performed by the Recurring Services from a third party. 5. Working Arrangements All Services shall be performed remotely, unless otherwise agreed to by the Parties. Client will ensure that all Client’s personnel, vendors, and/or subcontractors who may be necessary or appropriate for the successful performance of the Services and/or delivery of a Deliverable will, on reasonable notice: (i) be available to assist Company Personnel by answering business, technical and operational questions and providing requested documents, guidelines and procedures in a timely manner; (ii) par ticipate in the Services as reasonably necessary for performance under an Order; and (iii) be av ailable to assist Company with any other activities or tasks required to complete the Services in accordance with the Order. 6. Company Personnel Neither Company nor its Personnel (defined below) are or shall be deemed to be employees of Client but instead are independent contractors to Client. Company shall be responsible for the compensation of its Personnel, in addition to any applicable employment taxes, workmen's compensation and any other taxes, insurance or provisions associated with the engagement of such Personnel. In addition, Company shall be responsible for all acts or omissions of its Personnel. Company may utilize independent subcontractors in satisfying its obligations under this Agreement (collectively with Company employees “Personnel”). Company remains responsible for all acts and omissions of all Personnel. Upon receipt of notice from Client that any Company Personnel is not suitable, Company shall remove such person from the performance of Services and will provide a qualified replacement as quickly as reasonably possible. Page 209 of 362 Last updated: August 2024 MCCI MSA Page 3 of 9 234907v1 Unless a particular Company Personnel member has been identified as a key resource to the relevant Order, Company at its sole discretion may reassign, if and as necessary, other appropriately qualified Company Personnel to the relevant Order as long as such assignment will not affect Company’s fee for the Services defined or ability to satisfy its Deliverables. Neither Party is a legal representative of the other nor does a Party have the authority, either express or implied, to bind or obligate the other in any way. Page 210 of 362 Last updated: August 2024 MCCI MSA Page 4 of 9 234907v1 7. Non-Solicitation To the extent permitted by law, during the term of this Agreement and for a period of twelve (12) months thereafter, neither Party shall knowingly (i) induce or attempt to induce any then-current employee or independent contractor of the other Party to terminate his or her employment or other relationship with the non-soliciting Party or (ii) solicit or hire any former employee or independent contractor that had been employed or engaged by the non-soliciting Party during the previous twelve (12) months. Notwithstanding the foregoing, either Party may solicit for employment, offer employment to, employ, or engage as a consultant or advisor, any of the other Party’s personnel who: (i) had no previous direct contact with the soliciting Party’s personnel in connection with, and during the performance of, the Services hereunder, or (ii) have responded to a general, publicly-available advertisement for employment by the hiring Party (including its Affiliates), or (iii) make unsolicited approaches or inquiries to such Party (including its Affiliates) regarding employment opportunities. The current engaging Party, in its sole discretion, may waive this provision in writing for an individual. Except for government entities, In consideration for such waiver, the soliciting Party agrees to pay a placement fee equal to fifty (50) percent of such person’s new total annual compensation. This placement fee shall be due immediately upon such person’s commencement of services. 8. Confidential Information The Parties acknowledge that in the course of Company providing Services for Client hereunder, each may receive Confidential Information (as defined below) of the other Party. Any and all Confidential Information in any form or media obtained by a Recipient (defined below) shall be held in confidence and shall not be copied, reproduced, or disclosed to third parties for any purpose whatsoever except as necessary in connection with the performance hereunder. Each Recipient further acknowledges that it shall not use such Confidential Information for any purposes other than in connection with the activities contemplated by this Agreement. All consultants assigned by Company to Client will sign appropriate forms of confidentiality agreements on or prior to their start date. “Confidential Information” means any and all confidential information of a Party disclosed to the other Party, including, but not limited to, research, development, proprietary software, technical information, techniques, know-how, trade secrets, processes, clients, employees, consultants, pricing information and financial and business information, plans and systems. Confidential Information shall not include information which: (i) was known to the Party receiving the information (the “Recipient”) prior to the time of disclosure by the other Party (the “Disclosing Party”); (ii) at the time of disclosure is generally available to the public or after disclosure becomes generally available to th e public through no breach of this Agreement or other wrongful act by the Recipient; (iii) was lawfully received by Recipient from a third party without any obligation of confidentiality; or (iv) is required to be disclosed by law or order of a court of competent jurisdiction or regulatory authority. The obligations set forth in this Section shall survive termination of this Agreement for a period of three (3) years thereafter. For avoidance of doubt, and notwithstanding any other provision is this Agreement including, but not limited to, this Section and Section 10, the Company must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data pr ovided by the Client pursuant to this Agreement, and (2) all data created, collected, received, stored, used, maintained, or disseminated by the Company pursuant to this Agreement. The Company is subject to all provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statues Section 13.08, as if it were a government entity. In the event the Co mpany receives a formal request to release data pursuant to the Minnesota Government Data Practices Act, the Company will immediately notify the Client. The Client will give Company instructions concerning the release of data to the requesting party before the data is released. Co mpany agrees to defend, indemnify, and hold Client, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Company’s officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’, or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this section shall survive the cancellation and termination of this Agreement. 9. Intellectual Property Unless otherwise specified in any Order, or subject to a third-party license agreement, title to all materials, Services, and/or Deliverables, including, but not limited to, reports, designs, programs, specifications, documentation, manuals, visual aids, and any other materials developed and/or prepared for Client by Company under any Order, to the extent that the same are custom and unique in application to Client, (whether or not such Order is completed) (“Works”), and all interest therein shall vest in Client and shall be deemed to be a work made for hire and made in the course of the Services rendered hereunder. Company shall retain a non-exclusive, royalty-free, world-wide, perpetual license to use, sell, modify, distribute, and create derivative works based upon any of the foregoing Works in its information technology professional services business, provided that in so doing Company shall not use or disclose any Client Confidential Information or Deliverables custom and unique to Client. To the extent that title to any such Works may not, by operation of law, vest in Client or such Works may not be considered works made for hire, all rights, title and interest therein are hereby irrevocably assigned to Client. All such Works shall belong exclusively to Client, except as set forth herein, with Client having the right to obtain and to hold in its own name, copyrights, registrations, or such other protection as may be appropr iate to the subject matter, and any extensions and renewals thereof. Company agrees to give Client and any person designated by Client, reasonable assistance, at Client's expense, required to perfect the rights defined in this Section 9. Unless otherwise requested by Client, upon the completion of the Services to be performed under each Order or upon the earlier termination of such Order, Company shall promptly turn over to Client all Works and Deliverables developed pursuant to such Order, including, but not limited to, working papers, narrative descriptions, reports, and data. Commented [LD1]: OK Page 211 of 362 Last updated: August 2024 MCCI MSA Page 5 of 9 234907v1 Notwithstanding the foregoing, the following shall not constitute the property of Client: (i) Company software, including but not limited to any proprietary code (source and object), or that which is subject to third-party license agreements with Company and/or Client; (ii) those portions of the Deliverables which include information in the public domain or which are generic ideas, concepts, know -how and techniques within the computer design, support and consulting business generally; and (iii) those portions of the De liverables which contain the computer consulting knowledge, techniques, tools, routines and sub-routines, utilities, know-how, methodologies and information which Company had prior to or acquired during the performance of its Services for Client and which do not contain any Confidential Information of Client conveyed to Company. Should Company, in performing any Services hereunder, use any computer program, code, or other materials developed by it independently of the Services provided hereunder (“Pre-existing Work”), Company shall retain any and all rights in such Pre-existing Work. Company hereby grants Client a paid up, royalty free, world-wide, non-exclusive license to use outputs generated by the Company software and Pre-existing Work for its internal business needs for the term of each applicable Order. Client understands and agrees that Company may perform similar services for third Parties using the same Personnel that Company may use for rendering Services for Client hereunder, subject to Company’s obligations respecting Client’s Confidential Information pursuant to Section 8. 10. Data Privacy In the event that Company, in the course of providing Services to Client, receives, stores, maintains, processes or otherwise has access to “Personal Information” (as defined by the State Data Protection Laws (defined below) and/or European Union Directives, and including, but not limi ted to, an individual’s name and social security number, driver’s license number or financial number) then Company shall safeguard this information in accordance with these laws. Company may disclose Personal Information and other Client provided information for business purposes only on a need-to-know basis and only to (i) Company Personnel, (ii) any third-party service providers that have agreed to safeguard Personal Information and other Client provided information in a like manner as Company safeguards such information, and (iii) with other entities authorized to have access to such information under applicable law or regulation. Company may disclose Personal Information when necessary to protect its rights and property, to enforce its terms of use and legal agreements, as required or permitted by law, or at the request of law enforcement authorit ies and the courts, and pursuant to a subpoena. Company shall have no duty to notify Client of such compliance with law. Company takes reasonable and appropriate measures to maintain the confidentiality and security of Personal Information and to prevent its unauthorized use or disclosure. To the extent that Company experiences a Security Breach as defined under the applicable State Data Protection Laws for information generated in connection with this Agreement or any Order hereto, Company shall notify Client in writing within five (5) business days of confirming the same. 11. Warranty (a) General Representation and Warranty. Client represents and warrants that it shall have all rights and licenses, including, without limitation those related to data, software and the like, of third parties, necessary or appropriate for Company to access or use such data and/or third-party products and agrees to produce evidence of such rights and licenses upon the reasonable request of Company. (b) Services Warranty. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 10, THE APPLICABLE EXHIBITS AND/OR ORDERS, COMPANY DOES NOT MAKE OR GIVE ANY REPRESENTATION OR WARRANTY, WHETHER SUCH REPRESENTATION OR WARRANTY BE EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR ANY REPRESENTATION OR WARRANTY FROM COURSE OF DEALING OR USAGE OF TRADE. (c) General Warranty. Company shall perform the Services in compliance with all applicable federal and state laws and regulations and industry codes, inclu ding but not limited to (i) federal and state anti-kickback laws and regulations, (ii) federal and state securities laws, meaning that Company agrees that Client may be a publicly traded company and Company shall instruct Company Personnel that federal and state securities laws prohibit the purchase, sale, or pledge of Client stock while in possession of any material, non-public information, (iii) the Foreign Corrupt Practices Act of 1977, (iv) federal and state privacy and data protection laws, including, but not limited to, Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act (collectively, “State Data Protection Laws”), and (v) Company also represents that it uses E-Verify to verify the work authorization of all newly hired employees. 12. Indemnification and Limitation of Liability (a) Indemnification. To the extent caused by Company, Company shall indemnify, defend, and hold Client harmless against any loss, damage, or costs (including reasonable attorneys' fees) in connection with third party claims, demands, suits, or proceedings ("Claims") for bodily injury or tangible property damage arising out of Company’s performance within the scope of its responsibilities under this Agreement or by a third-party alleging that the use of any Deliverable (expressly excluding third party software and/or cloud host provider) as provided to Client under this Agreement or any Order hereto and used in accordance with this Agreement and relevant documentation, infringes any third party’s intellectual property rights perfected in the United States. Notwithstanding the foregoing, Company shall not be required to indemnify Client to the extent the alleged infringement: (i) is based on information or requirements furnished by Client, (ii) is the result of a modification made by an entity other than Company, or (iii) arises from use of a Deliverable in combination with any other product or service not provided or Page 212 of 362 Last updated: August 2024 MCCI MSA Page 6 of 9 234907v1 approved in writing by Company. If Client is enjoined from using the Deliverable or Company reasonably believes that Client will be enjoined, Company shall have the right, at its sole option, to obtain for Client the right to continue use of the Deliverable or to replace or modify the same so that it is no longer infringing. If neither of the foregoing options is reasonably available to Company, then this Agreement may be terminated at either Party’s option, and Company’s sole liability shall be subject to the limitation of liability provided in this Section. (b) Indemnification Procedure. Client shall give Company (i) prompt written notice of the Claim; (ii) sole control of the defense and settlement of the Claim (provided that Company may not settle any Claim unless it unconditionally releases Client of all liability and does not otherwise negatively impact Client’s rights, including, without limitation, those in its intellectual property); and (iii) at Company's cost, all reasonable assistance. (c) Limitation of Liability. Except for a breach of intellectual property rights, a third party’s end user and/or terms of use agreement, and to the extent caused by the applicable Party: (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST REVENUES, PROFITS, SAVINGS OR BUSINESS) OR LOSS OF RECORDS OR DATA, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED TO SUCH PARTY IN ADVANCE OR COULD HAVE BEEN REASONABLY FORESEEN BY SUCH PARTY, AND WHETHER IN AN ACTION BASED ON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE. EXCEPT FOR A PARTY’S PAYMENT OBLIGATIONS; (ii) EACH PARTY'S MAXIMUM AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, OR OTHER LIABILITY ARISING OUT OF, OR CONNECTED WITH, THIS AGREEMENT, THE SERVICES, DELIVERABLES AND/OR SOFTWARE PROVIDED HEREUNDER OR CLIENT’S USE OF ANY SUCH SERVICES, DELIVERABLES, AND/OR SOFTWARE, AND WHETHER BASED UPON CONTRACT, WARRANTY, STRICT LIABILITY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL IN NO CASE EXCEED 2X THE AGGREGATE AMOUNTS PAID TO COMPANY BY CLIENT UNDER THE APPLICABLE ORDER, GIVING RISE TO SUCH CLAIM DURING THE LAST TWELVE (12) MONTHS. THIS LIMITATION OF LIABILITY SHALL APPLY TO ALL AGREEMENTS BETWEEN THE PARTIES, REGARDLESS OF WHETHER EXECUTED PRIOR TO OR SUBSEQUENT TO THIS AGREEMENT. EACH PARTY'S ENTIRE LIABILITY AND CLIENT'S REMEDIES UNDER THIS AGREEMENT SHALL BE SUBJECT TO THE LIMITATIONS CONTAINED IN THIS SECTION . THE LIMITATIONS ON WARRANTY AND LIABILITY SPECIFIED IN SECTIONS 1 1 AND 12 HEREOF WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. The Parties acknowledge that the limitation of warranties and liabilities as set out in this Agreement are an essential basis of this Agreement and that the prices agreed to be paid by Client for Services reflect these limitations. 13. Insurance During the term of this Agreement, Company shall carry, at its sole expense, insurance coverage to include at a minimum the following: • Workers Compensation: State statutory limits and $1,000,000 employers’ liability • Comprehensive General Liability: $2,000,000 per occurrence and $4,000,000 in the aggregate • Professional Liability and Errors & Omissions: $1,000,000 per occurrence and $3,000,000 in the aggregate • Cyber and Technical Errors and Omissions: $3,000,000 in the aggregate Company, at Client’s request, will name Client as an additional insured under the Comprehensive General Liability policy. Company represents that Client is automatically included as an additional insured under the Errors and Omissions and Cyber and Technical Errors and Omissions policies for vicarious liability, but no modified certificate of insurance will be provided. 14. Notices All notices, demands, and other communications required or permitted hereunder or in connection herewith shall be in writing and shall be deemed to have been duly given if delivered (including by receipt verified electronic transmission) or five (5) business days after mailed in the Continental United States by first class mail, postage prepaid, to a Party at the following address, or to such other address as such Party may hereafter specify by notice: If to Company MCCi, LLC 3717 Apalachee Parkway Suite 201 Tallahassee, FL 32311 Attn: Legal Department Email: legal@mccinnovations.com If to Client: City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Attn: Ann Orlofsky Email: aorlofsky@lakevillemn.gov 15. Prompt Payment of Subcontractors Commented [LD2]: MCCi can not have unlimited liability and needs to keep its risk tied proportionately to the City’s subscription. MCCi will double the “not to exceed” amount. Commented [LD3]: OK Page 213 of 362 Last updated: August 2024 MCCI MSA Page 7 of 9 234907v1 Pursuant to Minn. Stat. § 471.425, subd. 4a, the Company must pay any subcontractor within ten (10) days of the Company’s receipt of payment from the Client for undisputed services provided by the subcontractor. The Company must pay interest of one and one-half percent (1½ %) per month or any part of a month to subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum mon thly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, Company shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from Co mpany shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 16. Miscellaneous (a) Third-Party EULA (End User License Agreement) Provisions. Client acknowledges that they are responsible for adhering to any third-party End User License Agreements, acceptable use policies, and/or terms and conditions or similar requirements (“EULA”), whether supplied by Company as a convenience or not, for any products procured on behalf of Client by Company and Company shall not be responsible for such products except related services provided directly by Company (b) Use of Open-Source Code. Except as disclosed in the Order, Company does not distribute nor otherwise use any open-source or similar software in a manner that would obligate Company to disclose, license, make available or distribute any of its material proprietary source code as a condition of such use. For purposes of this Agreement, “Open Source” shall mean any software or other Intellectual Property that is distributed or made available as “open-source software” or “free software” or is otherwise publicly distributed or made generally available in source code or equivalent form under terms that permit modification and redistribution of such software or Intellectual Property. Open Sourc e includes, but may not be limited to, software that is licensed under the GNU General Public License, GNU Lesser General Public License, Mozilla License, Common Public License, Apache License, or BSD License, as well as all other similar “public” licenses. (c) Client Software Customizations. Client may choose to customize their software internally without Company’s help. Company is not responsible for any damages caused by Client’s customization of the software. Company will not be held responsible for correcting any problems that may occur from these customizations. (d) Company Software Configuration Services. Client may elect to contract with Company to configure Client’s software. In these situations, Client acknowledges they are responsible for testing all software configurations and as such, waives any and all liability to Company for any damages that could be related to these software configurations. (e) Compliance with Laws. To the extent applicable to the Parties each Party shall comply with and give all notices required by all applicable federal, state, and local laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on use of the Services, Deliverables and/or software and the performance of this Agreement. (f) Equal Opportunity. To the extent applicable to the Parties each shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-741.5(a), and the posting requirements of 29 CFR Part 471, appendix A to subpart A, if applicable. These regulations prohibit discrimination against qu alified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. (g) Excluded Parties List. To the extent required by law and applicable to Client, Company agrees to promptly report to Client if an employee or contractor is listed by a federal agency as debarred, excluded or otherwise ineligible for participation in federally funded health care programs. (h) Boycotts. Company is not engaged in and will not engage in a boycott prohibited under United States and/or applicable State laws. (i) E-Verify Company uses E-Verify to verify the work authorization of all newly hired employees. (j) Force Majeure. If either of the Parties hereto are delayed or prevented from fulfilling any of its obligations under this Agreement by force majeure, said Parties shall not be liable under this Agreement for said delay or failure. “Force Majeure” means any cause beyond the reasonable control of a Party including, but not limited to, an act of God, an act or omission of civil or military authorities of a state or na tion, epidemic, pandemic, fire, strike, flood, riot, war, delay of transportation, or inability due to the aforementioned causes to obtain necessary labor, materials or facilities. (k) Audit Rights. With reasonable notice and at a convenient location, Client will have the right to audit Company’s records to verify the accuracy of invoicing to Client. In addition, should any of Client’s regulators legally require access to audit the Services, Company will, to the extent legally required by such regulators, provide access for the same. All results of such audits shall be Company Confidential Information. Client shall bear all costs associated with audits. Page 214 of 362 Last updated: August 2024 MCCI MSA Page 8 of 9 234907v1 (l) Assignment. Neither Party may assign or otherwise transfer any of its rights, duties , or obligations under this Agreement without the prior written consent of the other Party. Either Party, however, without any requirement for prior consent by the other, may assign this Agreement and its rights hereunder to any entity who succeeds (by purchase, merger, operation of law or otherwise) to all or substantially all of the capital stock, assets, or business of such Party, if the succeeding entity agrees in writing to assume and be bound by all of the obligations of such Party under this Agreement. This Agreement shall be binding upon and accrue to the benefit of the Parties hereto and their respecti ve successors and permitted assignees. (m) Modification. This Agreement may be modified only by a written amendment executed by duly authorized officers or representatives of both Parties. (n) Provisions Severable. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then s uch provision shall be severed from this Agreement and the remaining provisions will continue in full force. (o) Dispute Resolution. Should a dispute arise between Company and Client involving their respective responsibilities, limitations, or the working relations between the Parties under this Agreement or any Order, then the Parties will make reasonable efforts to amicably resolve the dispute. The Parties agree that any dispute will initially be referred to their senior management for resolution within ten (10) business days of receipt of notice specifying and asking for the intervention of the Parties’ superiors. If the dispute is st ill unresolved after such ten (10) business day period, the Parties may pursue any available remedy they have at law. In any such action, the Parties will bear their own costs. (p) Interpretation. The descriptive headings of this Agreement and of any Order under this Agreement are for convenience only and shall not affec t the construction or interpretation of this Agreement. As used herein, “include” and its derivatives (including, “e.g.”) shall be deemed to mean “including but not limited to.” Each Party acknowledges that this Agreement has been the subject of active and complete negot iations, and that this Agreement should not be construed in favor of or against any Party by reason of the extent to which any Party or its professional advisers participated in the preparation of this Agreement. (q) Publicity. Company may use the name of Client, the existence of this Agreement and the nature of the associated services provided herein for marketing purposes, except that such use shall not include any Client Confidential Information as defined in Section 8 of this Agreement. (r) Entire Agreement. This Agreement and all Order(s) attached hereto constitute the complete and exclusive statement of the agreement between the Parties and supersedes all proposals, oral or written, and all other prior or contemporaneous communications between the Parties re lating to the subject matter herein. (s) Counterparts. This Agreement may be executed in several counterparts, each of which will be deemed an original, and all of which taken together will constitute one single agreement between the Parties with the same effect as if all the signatures were upon the same inst rument. The counterparts of this Agreement may be executed and delivered by facsimile or other electronic signature (including portable document format) by either of the Parties and the receiving Party may rely on the receipt of such document so executed and delivered e lectronically or by facsimile as if the original had been received. (t) Governing Law. This Agreement, any claim dispute or controversy hereunder (a “Dispute”) will be governed by (i) the laws of the State of Minnesota, or (ii) if Client is a city, county, municipality or other governmental entity, the law of state where Client is located, in all cases without regard to its conflicts of law. The UN Convention for the International Sale of Goods and the Uniform Computer In formation Transactions Act will not apply. In any Dispute, each Party will bear its own attorneys’ fees and costs and expressly waives any statutory right to attorneys’ fees. (u) Survival. Sections 2 (Fees), 3 (Invoicing and Payment), 6 (Company Personnel), 7 (Non-solicitation), 8 (Confidential Information), 9 (Intellectual Property), 10 (Data Privacy), 11 (Warranty), 12 (Indemnification and Limitation of Liability), 14 (Notices), 15 (Miscellaneous), and all other terms that by their context are intended to survive, whether in or under this Agreement, shall survive termination or expiration of this Agreement. (v) Bench Trial. The Parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute. (w) No Class Actions. NEITHER PARTY SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST EACH OTHER, SUCH PARTY’S PROVIDERS, AND/OR CLIENTS, OR PURSUE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Commented [LD4]: OK Commented [LD5]: OK Commented [LD6]: OK Page 215 of 362 Last updated: August 2024 MCCI MSA Page 9 of 9 234907v1 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their respective duly authorized representatives as of the Effective Date. MCCi, LLC CITY OF LAKEVILLE (“Client”) Signed: __________________________ Signed: ___________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________ 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Page 216 of 362 ADDENDUM NO. 1 TO MASTER SERVICES AGREEMENT NO. 25268 INITIAL JUSTFOIA ORDER Pursuant to Master Services Agreement No. 25268 ("Agreement "): This Initial JustFOIA Order, designated as Addendum No. 1 (this “Addendum” or “Order”), is entered into as of _________________, (“Addendum Effective Date ”), by and between JustFOIA, Inc. (“Company” or “JustFOIA”) and Client. This Addendum is subject to the Agreement and the following terms that are applicable to Company providing Company software (the “Solution”) to Client. Company is an affiliate of MCCi and will provide the Solution as set forth hereunder. Company will invoice Client directly for the same. If there is any conflict between a provision of the Agreement and this Addendum, the Agreement will control. Any capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. This Addendum supersedes any previous quotes or proposals received. Use of pre -printed forms, including, but not limited to, email, purchase orders, shrink-wrap or click-wrap agreements, acknowledgements, or invoices, is for convenience only, and all unilaterally issued and/or pre-printed terms and conditions stated thereon, except as specifically set forth in this Addendum, are void and of no effect. JustFOIA, Inc CITY OF LAKEVILLE (“Client”) Signed: __________________________ Signed: ___________________________ Name: ___________________________ Name: ____________________________ Title: ____________________________ Title: _____________________________ Date: ____________________________ Date: _____________________________ Page 217 of 362 Page 1 PRICING Bill to/Ship to: Ann Orlofsky aorlofsky@lakevillemn.gov 850.701.0725 850.564.7496 fax cc AP Contact: jstahl@lakevillemn.gov Client Name: City of Lakeville Quote Date: 2/11/2025 Client Address: 20195 Holyoke Ave, Lakeville, MN 55044 Quote Number: 34835 Quote Type: New JustFOIA System Subscription Period Start Date: Date of Contract Execution Subscription Period End Date: 12 Months from Date of Contract Execution Product Description: Qty. Unit Cost Total JustFOIA ANNUAL RECURRING SERVICES JustFOIA Pro Plus 1 $9,835.00 $9,835.00 Single Sign -On (SSO) 1 Included Included Any & All Document Management 1 Included Included Unlimited Admins, Power Users & General Users 1 Included Included Unlimited Storage 1 Included Included Site Name: Lakeville, MN Included Included URL: lakevillemn.justfoia.com Included Included JustFOIA SUPPLEMENTAL SUPPORT SUBSCRIPTION JustFOIA Managed Support Services 1 $2,772.00 $2,772.00 Up to 20 hours of JustFOIA staff time to be used post-implementation for training, consultation, configuration or adjustments to workflows. Hours expire when subscription period ends. 1 SUBTOTAL - RECURRING ANNUAL SERVICES $12,607.00 Service Description: Qty. Unit Cost Total JustFOIA SERVICE PACKAGES Pro Implementation 1 Included Included Configuration of 2 Request Forms 1 Included Included 1. City Clerk Records Requests 2. Police Department Records Requests Redaction Exemption Codes Configuration 1 $1,500.00 $1,500.00 Single Sign -On Configuration 1 Included Included Any & All Document Management Configuration 1 Included Included Dynamic Fields Configuration (up to 10/package) 1 $370.00 $370.00 SUBTOTAL - ONE-TIME SERVICES $1,870.00 YEAR 1 ORDER COST $14,477.00 Page 218 of 362 Page 2 All Quotes Expire 30 Days from Quote Date This is NOT an invoice. Please use this confirmation to initiate Client’s purchasing process. RECURRING SERVICES Client has elected to license the JustFOIA software provided as a service (the “Solution”). The Recurring Services portion of this Order and/or applicable Addendum will systematically renew unless written notice of termination has been provided. An annual increase of 5% will be applied to the immediately preceding annual rates (excluding any init ial or one-time discounts) unless Client has terminated the Order and/or Addendum earlier, as set forth below, or provided sixty (60) days written notice prior to the scheduled renewal date of the Recurring Services. SALES TAX Sales tax will be invoiced where the Client is not exempt and/or has not communicated its tax status to JustFOIA. Sales tax is not included in the fee quote above. TERM Either party may terminate this Order upon any of the following: (a) Thirty (30) days after a party’s receipt of written notice from the other party that this Order and/or applicable addendum shall be terminated; or (b) Thirty (30) days after one party notifies the other in writing that they are in breach or default of this Order, unless the breaching party cures such breach or default within such thirty (30) day period; or (c) Fifteen (15) days after the filing of a petition in bankruptcy by or against either party, any insolvency of a party, any appointment of a receiver for such party, or any assignment for the benefit of such party’s creditors (a “Bankruptcy Event”), unless such party cures such Bankruptcy Event within the fifteen (15) day period; or (d) If Client has not paid in full the renewal invoice within 45 days after scheduled renewal date of the Recurring Services, the Order (and/or applicable addendum) will systematically terminate, but may be reinstated if/when the Client pays the renewal invoice in full (including any applicable reinstatement fees); or (e) If Client is a city, county, or other government entity the following applies: If Client’s governing body fails to appropriate sufficient funds to make payments due and to become due during Client’s next fiscal period, Client may, subject to the terms herein, terminate the Order as of the last day of the fiscal period for which appropriations were received (each an “Event of Non -appropriation ”). Client agrees to deliver notice of an Event of Non-appropriation to JustFOIA at least 30 days prior to the end of Client’s then-current fiscal period, or if an Event of Non-appropriation has not occurred by that date, promptly upon the occurrence of any such Event of Non-appropriation. If this Order is terminated following an Event of Non -appropriation, Client agrees to compensate JustFOIA for services rendered prior to such Event of Non -appropriation. [remainder of page intentionally left blank] Page 219 of 362 Page 3 BILLING JustFOIA will invoice Client as follows: Product/Service Description Timing of Billing Recurring Services ▪ Initial Sale: Upon receipt of Order. ▪ Annual Renewal: 75 days in advance of expiration date. One-Time Services 50% upon project kickoff, remaining 50% upon project completion and project acceptance. JustFOIA shall not send any invoices, nor claim payment, for any fees or expenses incurred by JustFOIA until both parties authorize this Order. PAYMENT Client agrees to pay all undisputed invoices and undisputed portions of a disputed invoice in full within thirty (30) days from the date of each invoice. Once payment has been received, no refunds for Recurring Services are available. Page 220 of 362 Page 4 TECHNICAL & SUPPLEMENTAL SUPPORT To support your journey, it’s important to have a plan in case issues or needs arise. Technica l Support JustFOIA Technical Support is provided for all clients through the online support center, by email (support@JustFOIA.com), or by telephone (800-342-2633), during business hours of 8 a.m. to 8 p.m. Eastern Time. Technical Support covers Solution break/fix support, version updates, and continued educational resources including the JustFOIA Training Center. *Current System Modifications includes Public Portal, Forms, Standard Workflows, Email Templates, Advanced Reports, Custom Dashboards, Dynamic Fields, Users, and Redaction settings. **New System Configurations includes Users, Forms, Standard Workflows, Email Templates, Advanced Reports, Custom Dashboards, Dynamic Fields, Users, and Redaction settings. This will also include new additional features that are added to Client’s subscription in the future. Note on Hours usage: JustFOIA allows clients to use their hours for a multitude of post -implementation services, as long as a request will not start a service that cannot be completed within the hours available. The creation of new DirectRoute Workflows is not included in Supplemental Support Services. JustFOIA Supplemental Support Services Want an enhanced level of post -implementation support? JustFOIA offers two supplemental support packages , Managed Support Services (JMSS) or Process Administration Support Services (JPASS), to cover ongoing consultation, training, and configuration services. A supplemental support package is strongly encouraged to be included with every renewal and is an annual subscription. Pricing is based on the package purchased and is an advanced discounted block of hours, which expires on the same date as Client’s annual renewal. JMSS pricing for the advanced block of hours is based on JustFOIA’s Support Technician hourly rate discounted by 10%. J PASS pricing for the advanced block of hours is based on JustFOIA’s Senior Support Technician hourly rate discounted by 10%. JustFOIA Technical Support Services JustFOIA Managed Support Services JustFOIA Process Administration Support Services Description Technical JMSS JPASS Easy access to JustFOIA’s team of support technicians for break/fix support issues (i.e., error codes, bug fixes, etc.) & basic Q&A support Remote access support through web meeting Access to version updates, security updates and hotfixes Customized JustFOIA Training Center Support Access to high-level support technicians with enhanced knowledge Remote Training for New/Existing Users Annual System Review (upon Client request) System Settings Consultation Assistance with Current System Modifications* Assistance with New System Configurations** Configuration Changes to Routing of Current DirectRoute Workflows Dedicated Technical Support Professional Institutional Knowledge of Client’s Solution Proactive recurring consultation calls upon the Client’s request Adjust Current SSO or Payment Portal Connections Page 221 of 362 Page 5 Supplemental Support Package Definitions ENHANCED KNOWLEDGE You’ll have access to our team of more knowledgeable support technicians. REMOTE TRAINING Additional remote training is conducted to train new users or as refresher training for existing users. SYSTEM CONSULTATION JustFOIA offers best practices consultation that includes recommendations for adding additional departments, statuses, email templates, etc. CONFIGURATION/MODIFICATION SERVICES Configuration/modification services for request forms, standard workflows, email templates, dynamic form fields, and more. CHANGES TO ROUTING OF CURRENT DIRECTROUTE WORKFLOWS For clients with a DirectRoute Workflow, we will make minor adjustments such as changing the routing individual to maintain your DirectRoute Workflow. DEDICATED SUPPORT PROFESSIONAL & INSTITUTIONAL KNOWLEDGE You will be assigned a dedicated support professional who will gain institutional knowledge of your agency’s unique setup and configuration of the JustFOIA solution. PROACTIVE, RECURRING CALLS UPON REQUEST Clients can request to have a recurring call with their dedicated support professional (monthly or quarterly) to discuss recommended changes, questions, or concerns. ADJUSTMENT OF CURRENT SINGLE-SIGN ON OR PAYMENT PORTAL CONNECTIONS JustFOIA can assist with adjusting the current SSO or Payment Portal connection. Page 222 of 362 Page 6 SERVICE PACKAGES GENERAL ASSUMPTIONS The following assumptions serve as the basis for the Service Package(s) reflected below. Any service or activity not described below is not included in the scope of services to be provided. Variations to the following may impact the Service Package’s cost and/or schedule, justifying a change order. ▪ JustFOIA‘s completion of a Deliverable to Client shall constitute that JustFOIA has conducted its own review and believes it meets Client’s requirements. Client shall then have the right to conduct its own review of the Deliverable as Client deems necessary. If Client, in its reasonable discretion, determines that any submitted Deliverable does not meet the agreed upon expectations, Client shall have five (5) business days after JustFOIA’s submission to give written notice to JustFOIA specifying the deficiencies in reasonable detail. JustFOIA shall use reasonable efforts to promptly resolve any such deficiencies. Upon resolution of any such deficiencies, JustFOIA shall resubmit the Deliverable for review as set forth above. Notwithstanding the foregoing, if Client fails to reject any Deliverable within five (5) business days, such Deliverable shall be deemed accepted. ▪ If either party identifies a business issue during the project, JustFOIA and Client must jointly establish a plan to resolve the issues with potential impact analysis of timeline and budget within five (5) business days of identification. Any necessary business decision resulting from the identified business issues must be made by Client within five (5) business days from request. ▪ Client will maintain primary contacts and project staff for the duration of the project, as a change in staff may result in a change order for time spent by JustFOIA on retraining, reeducating, or changes in direction. ▪ Client will ensure that all Client’s personnel who may be necessary or appropriate for the successful performance of the services will, on reasonable notice: (i) be available to assist JustFOIA personnel by answering business, technical and operational questions and providing requested documents, guidelines, and procedures in a timely manner; (ii) participate in the services as reasonably necessary for performance under this Order; and (iii) be available to assist JustFOIA with any other activities or tasks required to complete the services in accordance with this Order. ▪ Note that all services contracted for must be done as part of the initial implementation. For the avoidance of doubt, if there are services or portions thereof that the Client does not elect to implement as part of the initial implementation, such services are forfeited. ▪ All services, unless otherwise noted, will be performed remotely. PRO IMPLEMENTATION CLIENT TASKS & DELIVERABLES ▪ Provide a visual flow chart and/or narrative of current records request process(es) and requirements ▪ Attend all scheduled implementation sessions and respond promptly to requests for information ▪ Complete necessary configuration assignments in a timely manner, including but not limited to: ▪ Create General User and Viewer accounts and respective departments ▪ Create user-created email templates ▪ Conduct internal end-user (General User) trainings ▪ Perform user acceptance testing ▪ Complete JustFOIA Training Center trainings and certification ▪ Configure Deflection/Dynamic Fields, unless Dynamic Fields Configuration Package is quoted JustFOIA TASKS & DELIVERABLES ▪ Deploy site in the Microsoft Azure Government Cloud ▪ Set up Client with Training Center accounts ▪ Conduct Pre-Implementation Session (1 hour) to collect necessary configuration data and outline expectations ▪ Lead Implementation Launch Session (1 hour) to identify implementation milestones and introduce Client to public facing JustFOIA site and request form(s) ▪ Establish and configure initial Administrator and Power User security credentials and respective departments ▪ Personalize Public Portal with Client branding Page 223 of 362 Page 7 ▪ Configure number of request forms defined in Order and necessary request statuses and workflow task lists ▪ Complete initial configuration of observed holidays ▪ Complete initial configuration of system email templates ▪ Conduct two (2) Remote System Trainings (1.5 hours and 1 hour respectively); recordings made available in Training Center ▪ Conduct one (1) Remote Workflow Training (1 hour per form process); recording made available in Training Center ▪ Provide training support and resources to Administrator and Power User Team for end -user trainings ▪ Provide technical support through user testing before going live ▪ Assist with transition to Client Success and Support Teams ▪ Provide Go-Live Marketing Press Kit REDACTION EXEMPTION CODES CONFIGURATION CLIENT TASKS & DELIVERABLES ▪ Provide list of desired Exemption Codes for entry into JustFOIA with desired descriptions JustFOIA TASKS & DELIVERABLES ▪ Configure Redaction Exemption Codes and Exemption Log ▪ Complete testing and training SINGLE SIGN-ON (SSO) CONFIGURATION CLIENT TASKS & DELIVERABLES ▪ Review Single Sign-on Guide ▪ Follow the Single Sign-on Guide and best practices documentation for your Identity Provider of choice ▪ Choose a protocol to connect with (e.g.: SAML, Open ID Connect) ▪ Attend an Integration Call with JustFOIA to walk through any outstanding setup and Q&A, within the scope of JustFOIA responsibilities ▪ Work with JustFOIA to determine what pieces of information will be needed ▪ Participate in testing JustFOIA TASKS & DELIVERABLES ▪ Conduct requirements gathering ▪ Configure JustFOIA SSO: ▪ Deliver any relevant documentation for connection type to the client ▪ Integration call with Client to walk through any outstanding setup and Q&A, within the scope of JustFOIA responsibilities ▪ Information gathered by client is provided to JustFOIA ▪ Enterprise Connection is created and established in the JustFOIA system ▪ Client tests the connection to validate it is configured and working correctly ▪ Complete testing ANY & ALL DOCUMENT MANAGEMENT CONFIGURATION CLIENT TASKS & DELIVERABLES ▪ Attend remote Document Management training and respond promptly to requests for information JustFOIA TASKS & DELIVERABLES ▪ Configure and implement Any & All Document Management module ▪ Conduct one (1) remote Document Management training session (30 minutes); recording uploaded to Training Center Page 224 of 362 Page 8 DYNAMIC FIELDS CONFIGURATION CLIENT TASKS & DELIVERABLES ▪ Provide a list of desired dynamic form field(s), keywords and/or external links JustFOIA TASKS & DELIVERABLES ▪ Conduct requirements gathering (not to exceed 1 hour) ▪ Configure and implement up to 10 dynamic form fields (not to exceed 1 hour) ▪ Complete testing Page 225 of 362 Page 9 JUSTFOIA ASSUMPTIONS THESE ASSUMPTIONS APPLY TO ALL ORDERS PLACED FOR THE SOLUTION. THESE PROVISIONS SHALL SURVIVE AFTER TERMINATION OR EXPIRATION OF ANY AND ALL PORTIONS OF THE ORDER. WARRANTIES & DISCLAIMERS JUSTFOIA DOES NOT PROMISE THAT THE SOLUTION WILL BE UNINTERRUPTED OR ERROR -FREE. CLIENT ACKNOWLEDGES THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF CLIENT PRIVACY, CLIENT DATA, CONFIDENTIAL INFORMATION, AND PROPERTY . JustFOIA Warranties JustFOIA warrants that (i) the Solution shall perform materially in accordance with any specifications or descriptions set forth herein, (ii) subject to exceptions related to non -JustFOIA software, the functionality of the Solution will not be materially decreased during the term of this Order, (iii) JustFOIA will use industry standard measures to not transmit malicious code and the like (“Malicious Code”) to Client, provided that if Client or a user uploads a file containing Malicious Code into the Solution Client shall be liable for the same; and (iv) to JustFOIA’s knowledge, Client’s use of the Solution in strict compliance with the Order shall not infringe or violate the intellectual property rights of any third - party. The warranties herein are void to the extent of any Client failure to perform in accordance with the Order and any licensing terms. JustFOIA shall not be responsible for any decrease in functionality or other issues that are the result of (i) the Solution not being used in accordance with the Order, (ii) the Solution being modified or altered by or on behalf of Client without JustFOIA’s written permission, or (iii) Internet or network connections, third -party software, streaming services, computers, equipment and/or devices not supplied by JustFOIA. Client Warranties Client warrants that JustFOIA’s use of Client data and/or any other item provided by Client, in accordance with the Order will not infringe or violate the intellectual property or other rights of any third -party. Client warrants that it shall have all rights and licenses of third -parties necessary or appropriate for JustFOIA to access or use such third-party products and agrees to produce evidence of such rights and licenses upon the reasonable request of JustFOIA. TECHNICAL SUPPORT JustFOIA Technical Support is provided for all clients through the online support center, by email (support@JustFOIA.com), or by telephone (800-342-2633), during business hours of 8 a.m. to 8 p.m. Eastern Time. Technical Support covers Solution break/fix support, version updates, and continued educational resources including the Training center for JustFOIA. PROFESSIONAL SERVICES CHANGE ORDER PROCESS Any deviations from the contract will be documented in a Change Order that Client must execute. SCHEDULING All rates are based on normal business hours, Monday through Friday from 8 am to 5 pm local time. If scheduling needs to occur after business hours, additional rates may apply. LIMITED LIABILITY If the Master Agreement is silent on each party’s limited liability, or there exists no master agreement, except for breach of any Intellectual Property right or Acceptable Use Policy , liability is limited to the amount of dollars received by JustFOIA directly associated with this Order in the twelve (12) months prior to the date of the Claim. If the applicable agreement provides for a limitation of liability, then such limitation applies to the greatest extent allowed. Page 226 of 362 Page 10 JustFOIA also does not warrant any third -party products procured on behalf of Client. If there are any product warranties provided by the manufacturer of the product, any remedy should be requested directly from manufacturer and JustFOIA has no liability associated therewith. CLIENT SOLUTION CUSTOMIZATIONS Client may also choose to customize their system internally without JustFOIA’s help. JustFOIA is not responsible for any damage caused by the user’s customization of the system not performed by JustFOIA. JustFOIA will not be held responsible for correcting any problems that may occur from these customizations. CLIENT INFORMATION TECHNOLOGY ASSISTANCE For JustFOIA to excel in providing the highest level of service, Client must provide timely access to technical resources. Client must provide adequate technical support for all JustFOIA installation and support services. If Client does not have “in-house” technical support, it is Client’s responsibility to make available the appropriate Information Technology resources/consultant when needed. LICENSED SOFTWARE AND SERVICES During the term of the Order and any applicable addenda, JustFOIA grants to Client and Client accepts a non- transferable, revocable, non-exclusive, and limited license to use the Solution as defined herein subject to the terms, obligations and restrictions set forth in the Order. All rights to the Solution not granted to Client are reserved by JustFOIA. CLIENT RESPONSIBILITIES Files and other content that JustFOIA may provide to Client may be protected by intellectual property rights of others. Client will not copy, upload, download, or share files unless Client has the right to do so. Client, not JustFOIA, will be fully responsible and liable for what is copied, shared, uploaded, downloaded, or otherwise used while using the Solution. Client will not upload malware or any other malicious software to the Solution. Client is also responsible for the timely and accurate fulfillment of records requests, and ensuring that no classified, confidential, or illegal information is provided to or through the Solution. ACCEPTABLE USE POLICY Client agrees that it will not misuse or attempt to misuse the Solution, and that the Solution will only be used in a manner consistent with the Order. Client may only store non -confidential data to the Solution. It is understood and agreed that the uploading of confidential data to the Solution shall be allowed for redaction purposes (redaction process not to extend beyond 30 calendar days) and that the Solution is not to be used for long -term storage of unredacted confidential data following closure of th e request. Client acknowledges and agrees that all use of the Solution hosted on the Azure Government Cloud is subject to the Microsoft terms and conditions surrounding the same. JustFOIA’s obligations and liability and Client’s rights are limited by the same. Further, JustFOIA neither accepts liability for, nor warrants the functionality, utility, availability, reliability, or accuracy of, third-party software or third-party services. INFORMATION & PRIVACY By using the Solution, Client will be providing JustFOIA with information. Client retains full ownership of its information, and JustFOIA does not assert ownership. These Assumptions do not grant JustFOIA any rights to Client’s information or intellectual property except for the limited rights that are needed to run the Solution, as explained below. JustFOIA may need Client’s permission to handle its information as directed and required for the functioning of the Solution. An example is hosting files or sharing them. Client hereby grants a license to JustFOIA to use and process such information solely to the extent necessary to fulfill JustFOIA’s obligations. This license also extends to trusted third parties JustFOIA works with to do the same. Page 227 of 362 Page 11 Client is solely responsible for its conduct, the content of its files, and its communications with others while using the Solution. For example, it is Client’s responsibility to ensure that it has the rights or permission needed to comply with these Assumptions, Terms & Conditions. INFORMATION SHARING AND DISCLOSURE JustFOIA may use certain trusted third -party companies and individuals to help JustFOIA provide, analyze, and improve the Solution (including but not limited to data storage, maintenance services, database management, web analytics, payment processing, and improvement of the Solution’s features). These third parties may have access to Client’s information only for purposes of performing these tasks on JustFOIA’s behalf and under obligations similar to those in the Information & Privacy section above. INTELLECTUAL PROPERTY The Solution and any services surrounding the same herein are not considered “Works made for Hire” or otherwise a grant of any right, title or interest. Except for the license grant herein, all rights to the Solution and all services surrounding the same are—and remain—with JustFOIA. Client shall retain a non-exclusive, royalty -free, world-wide, perpetual license to use the outputs generated by Solution and stored external to Solution by Client during the Subscription Period. Except for the license grants hereunder, as between Client and JustFOIA, Client retains all rights to Client data and information. ACCOUNT SECURITY Client is responsible for any activity using its account and for safeguarding the passwords used to access the Solution, including not disclosing passwords to any third-party. Client will immediately notify JustFOIA of any unauthorized use of Client’s account. Client acknowledges that if it wishes to protect its transmission of data or files to the Solution, it is Client’s responsibility to use a secure network to communicate with the Solution. DATA RETENTION & ACCESS JustFOIA will retain Client’s information (data hosted in the Solution) for as long as its account is active or as needed to provide the Solution. If Client wishes to cancel its account or request that JustFOIA no longer use Client’s information to provide the Solution, Client may request that JustFOIA delete its account. JustFOIA may retain and use Client’s information as necessary to comply with legal obligations, resolve disputes, and enforce mutual agreements. Consistent with these requirements, Client may request that JustFOIA delete Client’s information. Please note, however, that there might be latency in deleting information from JustFOIA servers and backed -up versions might exist after deletion. In addition, JustFOIA does not delete Client information from its server’s files that Client has in common with other users, provided that JustFOIA’s confidentiality obligations will persist with regard to such retained confidential information. Client understands and agrees that once the Client instance of t he Solution is decommissioned, JustFOIA may not be able to provide Client a copy of the data included therein. Client agrees that it will back up all Client information that it requires. JustFOIA may decommission any environment after 45 days of Client not maintaining an active subscription to the applicable environment, including without limitation, as a result of non- renewal and/or non-payment. For the avoidance of doubt, if Client has an active subscription, Client may download its data at any time. NON-JUSTFOIA APPLICATIONS AND PROVIDERS The Solution may contain links to third-party websites or resources. JustFOIA does not endorse and is not responsible or liable for third-party websites, including, without limitation, availability, accuracy, the related content, products, or services. Client is solely responsible for its use of any such websites or resources. Acquisition of Non -JustFOIA Products and Services JustFOIA or third parties may from time to time make available to Client third -party products or services, including but not limited to non-JustFOIA applications and implementation, customization, and other consulting services. Such products and services shall be clearly designated as provided by a third-party in the applicable Order. Any acquisition Page 228 of 362 Page 12 by Client of such non-JustFOIA products or services, and any exchange of data between Client and any non -JustFOIA provider, is solely between Client and the applicable non -JustFOIA provider. JustFOIA does not warrant or support products or services not provided by JustFOIA, whether or not they are designated by JustFOIA as “Certified” (as that term is defined below) or otherwise, except as specified in the Order and/or applicable addenda. No purchase of non - JustFOIA products or services is required to use t he Solution except a supported computing device, operating system, web browser and Internet connection, all of which Client is solely responsible for providing in accordance with the specifications that may be provided by JustFOIA from time to time. For pu rposes of the Order, “Certified” shall describe applications and other products developed and sold by third parties that JustFOIA has verified interoperate with the Solution. Non-JustFOIA Applications and Client information If Client installs or enables non-JustFOIA applications for use with the Solution, Client acknowledges that JustFOIA may allow providers of those non-JustFOIA applications to access Client information as required for the interoperation of such non-JustFOIA applications with the Solution. JustFOIA shall not be responsible for any disclosure, modification or deletion of Client information resulting from any such access by non -JustFOIA application and/or providers. The Solution shall allow Client to restrict such access by restricting users from installing or enabling such non -JustFOIA applications for use with the Solution. JustFOIA is not responsible for, and Client agrees to hold JustFOIA harmless from any third-party claims or liability owed to third parties resulting from any unauthorized use or disclosure or any damage or loss of Client information as a result of use of non -JustFOIA applications or access to Client information by non-JustFOIA application and/or providers. Integration with Non -JustFOIA Services The Solution may contain features designed to interoperate with non -JustFOIA applications (e.g., Laserfiche, Adobe, Authorize.net, or PayPal applications). To use such features, Client may be required to obtain access to such non - JustFOIA applications from their providers. If the provider of any such non -JustFOIA application ceases to make the non-JustFOIA application available for interoperation with the corresponding Solution features on reasonable terms, JustFOIA may cease providing such features without entitling Client to any refund, credit, or other compensation, unless the provider of such non-JustFOIA application provides for a refund of such fees. Page 229 of 362 Date: 4/7/2025 Resolution Appointing Kristy Harms to the Lakeville Area Arts Center Advisory Board Proposed Action Staff recommends adoption of the following motion: Approve the resolution appointing Kristy Harms to the Lakeville Area Arts Center Advisory Board. Overview Due to oversight, Kristy Harms was not included in the original resolution passed at the Council meeting on March 17. This action will appoint her to a new three-year term effective April 1, 2025. Supporting Information 1. Kristy Harms Resolution Appointing Members to Advisory Boards, Committees, and Commissions Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Taylor Snider Page 230 of 362 CITY OF LAKEVILLE RESOLUTION NO. 25- RESOLUTION APPOINTING MEMBERS TO ADVISORY BOARDS, COMMITTEES AND COMMISSIONS WHEREAS, advisory boards, committees, and commissions are comprised of knowledgeable, prominent and credible members in their field of expertise from within the Lakeville community that are responsible for providing non- binding professional and strategic advice to the City Council; and WHEREAS, the City Council annually reviews the membership of each board, committee and commission, advertises for open positions and considers appointment of new and existing members. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby appoints members as listed on the attached Exhibit A effective April 1, 2025. ADOPTED by the Lakeville City Council this 7th day of April 2025. ______________________________ Luke Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk EXHIBIT A Page 231 of 362 Lakeville Area Arts Center Board 3-year terms Kristy Harms Page 232 of 362 Date: 4/7/2025 Brookshire 2nd Addition Encroachment Agreement Proposed Action Staff recommends adoption of the following motion: Move to approve an encroachment agreement for Brookshire 2nd Addition for the placement of a monument sign within a public drainage and utility easement. Overview D.R. Horton representatives have requested approval of an encroachment agreement to allow the placement of a monument sign within a public drainage and utility easement. The proposed sign and landscaping location is at the rear of Lot 2, Block 7, Brookshire 2nd Addition which is at the intersection of 179th Street (future CSAH 9) and Eagleview Drive. Engineering staff reviewed the request and determined that the placement of the sign would not cause conflict with drainage or utilities in the area. The lot is planned for a single-family home but the sign and surrounding landscaping will be maintained by the Brookshire master HOA. D.R. Horton has signed the agreement, which is attached to this memo. A sign permit must be issued prior to the installation of the sign. Supporting Information 1. Signed Encroachment Agreement Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Kris Jenson, Planning Manager Page 233 of 362 1 234940v1 (reserved for recording information) ENCROACHMENT AGREEMENT AGREEMENT made this ____ day of _____________, 2025, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and D.R. HORTON, INC. - MINNESOTA, a Delaware corporation (“D.R. Horton, Inc. – Minnesota” or “Owner”). 1. BACKGROUND. Owner is the fee owner of certain real property located in the City of Lakeville, County of Dakota, State of Minnesota, legally described as follows: Parcel ID No. 22-15101-07-020 Lot 2, Block 7, Brookshire 2nd Addition, Dakota County, Minnesota, according to the recorded plat thereof. (Abstract Property) (“Subject Property”) The City owns easements for drainage and utility purposes over portions of the Subject Property (“Easement Areas”). The Owner desires to construct a monument sign on the Subject Property which encroaches on the City’s Easement Areas as depicted on the attached Exhibit “A”. 2. ENCROACHMENT AUTHORIZATION. The City hereby approves the encroachment in the City’s Easement Areas on the Subject Property for the monument sign subject to the conditions set forth in this Agreement. Further conditions of encroachment approval are: Page 234 of 362 2 234940v1 • The City shall have no responsibility to maintain or repair the monument sign located within the City’s Easement Areas. • The monument sign located on the Subject Property must not impact or increase water drainage on the abutting properties or cause any adverse drainage patterns or erosion to the abutting properties. • The Owner shall construct the monument sign consistent with all applicable federal, state and local laws and regulations. • The Owner, its heirs, successors and assigns, are fully responsible and liable for any and all damage caused to the monument sign because of it being constructed in the City’s Easement Areas. • The Owner of the Subject Property will own and maintain the monument sign. 3. HOLD HARMLESS AND INDEMNITY. In consideration of being allowed to encroach in the City's Easement Areas, the Owner, for itself, its heirs, successors and assigns, hereby agrees to indemnify and hold the City harmless from any damage caused to the Subject Property or monument sign encroaching into the City’s Easement Areas as depicted on Exhibit “A”, including the monument sign in the City’s Easement Areas, caused in whole or in part by the encroachment into the City's Easement Areas. 4. TERMINATION OF AGREEMENT. The City may terminate this Agreement at any time if it is reasonably necessary for the City to occupy the City’s Easement Areas for drainage or utility purposes and the monument sign is inconsistent with the City’s use of the easement. Prior to termination, the City will give the then owner of the Subject Property thirty (30) days advance written notice, except that no notice period will be required in the case of an emergency condition as determined solely by the City and this Agreement may then be terminated immediately. The property owner shall remove that portion of the monument sign to the extent it impacts the City’s Easement Areas to the effective date of the termination of this Agreement. If the owner fails to do so, the City may remove the monument sign to the extent it impacts the City’s Easement areas and charge the cost of removal back to the owner for reimbursement. 5. RECORDING. This Agreement shall run with the land and shall be recorded against the title to the Subject Property. Page 235 of 362 3 234940v1 CITY OF LAKEVILLE By: _____________________________________ (SEAL) Luke M. Hellier, Mayor And ____________________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this _________ day of __________________, 2025, by Luke M. Hellier and Ann Orlofsky, respectively the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________ Notary Public Page 236 of 362 Page 237 of 362 5 234940v1 EXHIBIT “A” Page 238 of 362 Date: 4/7/2025 WaterSmart Customer Portal Annual Renewal Proposed Action Staff recommends adoption of the following motion: Move to approve the annual subscription to WaterSmart through Ferguson Waterworks. Overview The WaterSmart customer portal enables residents and business owners to monitor their water consumption, receive leak alerts, access instructional videos on detecting leaks, and forecast their bills. Over the past 12 months, more than 1,700 leak alerts have been sent via email or text, helping users address potential issues. Staff recommends approval of the annual subscription to WaterSmart to continue providing these valuable services. Supporting Information 1. WaterSmart Annual Renewal Financial Impact: $68,572.70 Budgeted: Yes Source: Water Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Shane Quade, Utilities Superintendent Page 239 of 362 1694 91ST AVE NE BLAINE, MN 55449-4311 Please contact with Questions:763-560-5200 INVOICE NUMBER 0543273 TOTAL DUE $68,572.70 CUSTOMER 24675 PAGE 1 of 1 PLEASE REFER TO INVOICE NUMBER WHEN MAKING PAYMENT AND REMIT TO: FERGUSON WATERWORKS #2518 PO BOX 802817 CHICAGO, IL 60680-2817 MASTER ACCOUNT NUMBER:275772 CITY OF LAKEVILLE 18400 IPAVA AVE W ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 SHIP TO: CITY OF LAKEVILLE 18400 IPAVA AVE W LAKEVILLE, MN 55044 SHIP WHSE. SELL WHSE. TAX CODE CUSTOMER ORDER NUMBER SALESMAN JOB NAME INVOICE DATE BATCH 2805 2805 MNE WATERSMART MPF METER ACCOUNT 03/10/25 ID 28907 ORDERED 1 1 SHIPPED 1 1 ITEM NUMBER SP-N13733102 SP-N13733106 DESCRIPTION WTR SMRT ANNUAL SUB 20000+ WTR SMRT PREM INTEG ANNUAL INVOICE SUB-TOTAL UNIT PRICE 57556.400 11016.300 UM EA EA AMOUNT 57556.40 11016.30 68572.70 *************************************************************************************************** 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. TERMS:NET 10TH PROX ORIGINAL INVOICE TOTAL DUE $68,572.70 All past due amounts are subject to a service charge of 1.5% per month, or the maximum allowed by law, if lower. If Buyer fails to pay within terms, then in addition to other remedies, Buyer agrees to pay Seller all costs of collection, including reasonable attorney fees. Complete terms and conditions are available upon request or at https://www.ferguson.com/content/website-info/terms-of-sale, incorporated by reference. Seller may convert checks to ACH. Looking for a more convenient way to pay your bill? Log in to Ferguson.com and request access to Online Bill Pay. Page 240 of 362 Date: 4/7/2025 Park Restroom Cleaning Services Agreement with Vanguard Cleaning Systems of MN. Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Vanguard Cleaning Systems of MN for park restroom cleaning services. Overview Staff prepared and sent out Request for Proposals to five contractors for park restroom cleaning services at 12 park facilities. The City received responses from three companies ranging from $58,670 to $66,942. The low proposal was submitted by Vanguard Cleaning Systems of MN in the amount of $58,670. The City has also accepted Vanguard’s proposal Alternate #1 for Saturday/Sunday restroom cleaning at Antlers Park in the amount of $2,592. Staff is recommending approval of an Agreement with Vanguard Cleaning Systems of MN for park restroom cleaning services, including Alternate #1, at a total cost of $61,262. Supporting Information 1. VCS-MN SIGNED Contract 2. Vanguard Proposal - 2.17.25 3. 2025 Parks Restroom Cleaning RFP Results Financial Impact: $61,262.00 Budgeted: Yes Source: General Fund Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Paul Miskimen, Parks Supervisor Page 241 of 362 1 184651v1 AGREEMENT BETWEEN CITY OF LAKEVILLE AND VANGUARD CLEANING SYSTEMS OF MN FOR PARK RESTROOM CLEANING SERVICES THIS AGREEMENT made this 7th day of April 2025, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and VANGUARD CLEANING SYSTEMS OF MN, a Minnesota limited liability company (“Contractor”). Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Request for Proposals for 2025 Park Restroom Cleaning Services, prepared by the City of Lakeville. C. Contractor’s Proposal dated 2/17/2025. In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “C” has the last priority. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. Contractor shall not begin any work until the City has received the signed contract and has reviewed and approved the insurance certificates and has given the Contractor a written notice to proceed. Contractor shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily possessed and exercised by a contractor under similar circumstances. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in accordance with the Contractor’s Proposal for 2025. Owner has also accepted Alternate #1 for Antlers Park (Saturday/Sunday) service. Additional work performed without the City’s written approval will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. Invoices will be paid within 35 days of receipt. 4. PAYMENT PROCEDURES. A. Contractor shall submit monthly invoices for services provided. Applications for Payment will be processed by the Parks Superintendent. B. Payments to Subcontractors. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1 ½ percent per month or any part of a month to Page 242 of 362 2 184651v1 the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 (attached) required from general contractor. Minn. Stat. § 290.92 requires that the City of Lakeville obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. 5. TERM. The term of this contract shall begin on April 14, 2025 and terminate on October 24, 2025. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. D. Contractor does not consider that any further examinations, investigations, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. E. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. F. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, and all additional examinations, investigations, and data with the Contract Documents. G. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Page 243 of 362 3 184651v1 H. Background Checks: The City may require criminal history background checks of the Contractor’s employees for purposes of access to City facilities. The City reserves the right to deny access to City facilities to those Contractors or Contractor’s employees that it deems inappropriate. 7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability Insurance as required under the laws of the State of Minnesota. 8. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City. A copy of the endorsement must be submitted with the certificate of insurance. Page 244 of 362 4 184651v1 Contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. 9. WARRANTY. The Contractor shall be held responsible for any and all defects in workmanship and materials which may develop in any part of the contracted service, and upon proper notification by the City shall immediately correct, without cost to the City, any such faulty work. 10. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 11. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bonds are not required. 12. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the Specifications. B. Owner and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. C. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. Page 245 of 362 5 184651v1 (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. 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. F. Patented devices, materials and processes. If the Contract requires, or the Contractor desires, the use of any design, devise, material or process covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify and hold harmless the Owner from any and all claims for infringement by reason of the use of any such patented designed, device, material or process, or any trademark or trade name or copyright in connection with the Project agreed to be performed under the Contract, and shall indemnify and defend the Owner for any costs, liability, expenses and attorney's fees that result from any such infringement. G. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. H. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. I. Waiver. In the particular event that either party shall at any time or times waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Contract by either party, whether of the same or any other covenant, condition or obligation. J. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Contract. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Dakota County. K. Severability. If any provision, term or condition of this Contract is found to be or become unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Contract, unless such invalid or unenforceable provision, term or condition renders this Contract impossible to perform. Such remaining terms and conditions of the Contract shall continue in full force and effect and shall continue to operate as the parties’ entire contract. Page 246 of 362 6 184651v1 L. Entire Agreement. This Contract represents the entire agreement of the parties and is a final, complete and all-inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. M. Notwithstanding any other section or provision of this Agreement, either party may terminate this Agreement upon thirty (30) days written notice, at any time, without reason, to the other party's representative at its respective address. No notice shall be due for termination for cause. "Termination for cause" shall include, but not be limited to, breech of confidential or premises security. OWNER: CONTRACTOR: CITY OF LAKEVILLE VANGUARD CLEANING SYSTEMS OF MN BY: ____________________________ BY: ____________________________ Luke M. Hellier, Mayor ITS: _____________________________ AND ___________________________ Ann Orlofsky, City Clerk Regional Director ______________________ Page 247 of 362 PROPOSAL FORM 2025 RESTROOM CLEANING SERVICES _________________________________________________________________ _________________________________________________________________ Company Name: : Name (print): _________________________________________________________________ Authorized Signature: ______________________________ Date: _________________________ Telephone: ______________________________ Email: _________________________ LOCATION (April 14 – October 24, 2025) (April 13 – October 25, 2026) 2025 COST 2026 COST Aronson Park – 8550 202 nd Street $______________ $______________ Casperson Park – 19720 Juno Trail King Park – 18350 Dodd Boulevard $______________ $______________ $______________ $______________ Orchard Lake Beach – 17195 Judicial Road $______________ $______________ Parkview Park – 6833 Gerdine Path $______________ $______________ Prairie Lake Park – 18179 Kingsway Path $______________ $______________ Steve Michaud Park – 17100 Ipava Trail $______________ $______________ Quigley-Sime Park – 8500 202 nd Street $______________ $______________ Valley Lake Park – 16050 Garrett Path $______________ $______________ Antlers Park – 20141 Ipava Avenue Ritter Cabin – 19300 Ritter Trail $______________ $______________ $______________ $______________ Page 248 of 362 LOCATION (July 1 – October 24, 2025) (April 13 – October 25, 2026) Grand Prairie Park Main Building - 7700 185th St 2025 COST 2026 COST $______________ $______________ Grand Prairie Park Field Support Building –7700 185th St $______________$______________ GRAND TOTAL ALL SITES: ALTERNATES Alternate #1 Clean Antlers Park Saturday and Sunday (April 14 – October 24, 2025) Alternate #2 Clean all 13 sites Saturday and Sunday (April 14 – October 24, 2025) Alternate #3 Clean Antlers Park Saturday and Sunday (October 24 – December 31, 2025) (January 1 – April 12, 2026) Alternate #4 Clean Ritter Cabin Saturday and Sunday (October 24 – December 31, 2025) (January 1 – April 12, 2026) $______________ $______________ $______________ $______________ $______________ $______________ $______________ $______________ Page 249 of 362 Company 2025 Total 2026 Total Alt 1 Alt 2 Alt 3 Alt 4 Astra Cleaning Services $64,848.00 $68,880.00 $3,640.00 $24,744.00 $3,500.00 $3,100.00 FBG Services $66,942.00 $71,857.00 $3,780.00 $26,778.00 $3,500.00 $3,000.00 Vanguard $58,670.00 $60,204.00 $2,592.00 $21,033.00 $2,400.00 $2,400.00 2025 Parks Restroom Cleaning Proposal Results 2/18/2025 Page 250 of 362 Date: 4/7/2025 Public Hearing and Award of Contract for the 2025 Street Reconstruction/Rehabilitation Improvement Project 25-02 Proposed Action Staff recommends adoption of the following motion: Move to approve 1) contract with McNamara Contracting, Inc for the 2025 Street Reconstruction/Rehabilitation Project, City Project 25-02; 2) resolution adopting assessments for City Improvement Project 25-02; 3) resolution authorizing funding and 2025 budget amendments and fund transfers; and 4) proposal with Braun Intertec for professional services. Overview The 2025 Street Reconstruction/Rehabilitation Project was initiated based on the City’s Pavement Management Program and consists of two components. The Reconstruction Project mainly includes reclaiming and paving as well as rehabilitation, lining or replacement of the watermain. The Street Rehabilitation improvements involves milling and overlaying along with spot curb and gutter replacement. The improvements were included together for cost and construction efficiency considerations. On Tuesday, March 4, 2025 the City received five bids for the construction of City Project 25-02 and results ranged from a low bid of $4,918,381.47 submitted by McNamara Contracting to a high bid of $6,645,739.95. The Engineer’s construction estimate was $5,192,135. Based on the apparent low bid price for construction, the total project cost is anticipated to be $6,076,544. Funding sources are listed in the attached Project Financing Document. The 2025 Street Reconstruction/Rehabilitation project is partially funded with property tax levies, of which a portion is financed through assessments to benefitting property owners. Pursuant to the requirements of Minnesota Statues, Chapter 429 for local improvements, two public hearings are required. The City Council held the first public hearing (improvement hearing) on November 18, 2024, providing property owners within the 2025 Street Reconstruction Project a project summary, estimated project costs, description of the proposed assessment area, estimate of the amount to be assessed and an explanation of the City’s adopted Assessment Policy. Notice of the second public hearing (assessment hearing) was published and mailed to benefiting property owners and will be held at this council meeting here tonight. Prior to the public hearing, Staff will share a presentation providing a summary of the 2025 Street Reconstruction Project, including project cost, description of the assessment area, amount to be assessed and overview of the City’s Assessment Policy. The Construction of the 2025 Street Project requires materials testing & laboratory inspections to be completed by Braun Intertec. Braun had previously completed the preliminary Page 251 of 362 geotechnical investigations for the project prior to design. Staff has reviewed their proposal and finds it acceptable. Staff also reviewed the bids and proposed special assessments and recommends approval of the resolutions. Supporting Information 1. Project Financing Summary 2. WSB Recommendation Letter 3. Bid Summary 4. Construction Contract 5. Braun Proposal 6. Resolution Adopting Assessments 7. Budget Resolution Financial Impact: $6,076,544 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Steve Ferraro, Public Works Coordinator Page 252 of 362 Project Financing Funding for the project was programmed in the 2025-2029 CIP. The following is a breakdown of the anticipated costs. ▪ The City’s cost-share for roadway and storm sewer improvements, including storm sewer repair/replacement, will be financed from the issuance of G.O. Improvement Bonds. The City’s share of debt will be financed with taxes, which are repaid with property tax levies commencing in 2026. ▪New storm sewer infrastructure will be financed from the Storm Water Infrastructure Fund. ▪Public watermain improvements, including the installation of new watermain and lining existing mains as well as corrosion protection best management practices, will be financed from the Water Operating Fund. ▪Public sanitary sewer improvements, including infrastructure repair/replacement and inflow and infiltration best management practices, will be financed from the Sanitary Sewer Operating Fund. •Project Costs: Total Cost Type Amount Construction Contract $ 4,918,381 Engineering/design/survey costs 710,862 Bonding costs 120,916 Contingency (6% of contract) 295,100 Other costs 31,285 $ 6,076,544 •Project Costs: Financing Funding Sources Total City of Lakeville (property taxes) $ 3,004,645 Special Assessments 564,768 Water Operating Fund 2,041,353 Sanitary Sewer Fund 82,367 Stormwater Infrastructure Fund 383,411 Total $ 6,076,544 The City of Lakeville’s share of cost for street and storm sewer improvements will be financed with debt issuance; the principal and interest payments will be repaid with property Page 253 of 362 tax levies commencing in 2026. The storm sewer infrastructure will be financed using the City’s Stormwater Infrastructure Fund; new watermain and watermain lining/rehabilitation will be completed using the City’s Water Operating Fund. The sanitary sewer rehabilitation will be funded by the City’s Sanitary Sewer Operating Fund. •Project Costs: Feasibility Report vs. Actual Bid Results Feasibility Actual Difference City of Lakeville (property taxes) $ 3,334,014 3,004,645 -9.9% Special Assessments 593,123 564,768 -4.8% Water Operating Fund 2,079,038 2,041,353 -1.8% Sanitary Sewer Fund 88,076 82,367 -6.5% Storm Sewer Infrastructure Fund 260,095 383,411 47.4% Total $ 6,354,346 $ 6,076,544 -4.4% •Special Assessments: Terms and Conditions o Interest rate: 3.88% o Term: 10 & 15 years for Residential Properties o First payment due with taxes payable 2026 o Senior Citizen deferments are available for those who quality •Special Assessments (Unit Rates): Feasibility Report vs. Bid Results Special Assessments Feasibility Actual Variance A Single Family Unit Assessment Rate Hayes/170th Neighborhood $6,178.00 $5,883.00 (295) -4.8% B Duplex Unit Assessment Rate Hayes/170th Neighborhood 3,089.00 2,941.50 (148) -4.8% The adopted Lakeville 5-year Capital Improvement Plan (2025-2029) programs an estimated total project cost of $5,400,000. The Feasibility Study estimates resulted in higher totals than the CIP and budgets were adjusted accordingly before being adopted in December 2024. This project is in line with the adopted 2025 budgeted CIP amounts for the project. Page 254 of 362 C:\ACC\ACCDocs\WSB\026423-000\Project Files\02_Correspondence\Meetings\Assessment Hearing 04072025\026423-000 2025 SIP LOR-04072024.docx 540 GATEWAY BLVD | BURNSVILLE, MN | 55337 | 952.737.4660 | WSBENG.COM April 7, 2025 Honorable Mayor and City Council City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: 2025 Street Reconstruction and Rehabilitation Project City of Lakeville Project No. 25-02 WSB Project No. 026423-000 Dear Mayor and Council Members: Electronic bids were received for the above-referenced project on Tuesday, March 4, 2025, and were opened and read aloud. Five bids were received. The bids were checked for mathematical accuracy and tabulated by City of Lakeville staff. Please find enclosed the bid tabulation indicating McNamara Contracting, Inc., of Rosemount, Minnesota, as the low bidder with a base bid total amount of $4,570,073.12, and a grand total bid amount, that includes bid alternate 1 and bid alternate 2 of $4,918,381.47. The Engineer’s Estimate for the total project was $5,192,134.75. We recommend that the City Council consider these bids and award a contract in the grand total bid in the amount of $4,918,381.47 to McNamara Contracting, Inc., based on the results of the bids received. If you have any questions, please contact me at 612.523.7374. Sincerely, WSB Jeff Oliver, PE Sr. Project Manager Attachment Page 255 of 362 Bid Bond 5% Non- Collusion Responsible Contractor Base Bid Bid Alt 1 Bid Alt 2 Total Bid X X X $4,570,073.12 $268,170.25 $80,138.10 $4,918,381.47 X X X $4,848,346.10 $280,652.37 $81,246.00 $5,210,244.47 X X X $4,745,629.04 $394,119.51 $99,711.00 $5,239,459.55 X X X $5,267,110.62 $295,214.20 $81,246.00 $5,643,570.82 X X X $6,317,535.45 $254,344.50 $73,860.00 $6,645,739.95 GMH Asphalt X Bituminous Roadways X McNamara Contracting X OMG Midwest X Northwest Asphalt X Contractor Acknowledge Addendums 25-02 Street Reconstruction/Rehabilitation Project City Project # 25-02 Bid Opening Summary March 4th, 2025 10:30 am Page 256 of 362 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT 2025 STREET RECONSTRUCTION / REHABILITATION PROJECT AGREEMENT CITY OF LAKEVILLE PROJECT NO. 25-02 WSB PROJECT NO. 026423-000 PAGE 1 THIS AGREEMENT is by and between the City of Lakeville (“Owner”) and McNamara Contracting, Inc. (“Contractor”). Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary Conditions. Owner and Contractor hereby agree as follows: ARTICLE - 1 WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The furnishing of all labor, materials, tools, and equipment necessary to complete the street construction, watermain, sanitary, storm sewer, pedestrian ramps, turf restoration, and appurtenant work as shown on the Plans and specified herein. ARTICLE - 2 THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: 2025 Street Reconstruction Project and the 2025 Street Rehabilitation Project for the City of Lakeville City Project No. 25-02, WSB Project No. 026423-000. ARTICLE - 3 ENGINEER 3.01 The Owner has retained WSB LLC (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract. 3.02 The part of the Project that pertains to the Work has been designed by WSB LLC. ARTICLE - 4 CONTRACT TIMES 4.01 Time is of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be substantially completed on or before September 12, 2025, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before October 10, 2025. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): Page 257 of 362 2025 STREET RECONSTRUCTION / REHABILITATION PROJECT AGREEMENT CITY OF LAKEVILLE PROJECT NO. 25-02 WSB PROJECT NO. 026423-000 PAGE 2 1. Substantial Completion: Contractor shall pay Owner liquidated damages in accordance with MnDOT Table 1807-1 for each Calendar Day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner liquidated damages in accordance with MnDOT Table 1807-1 for each Calendar Day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Milestones, Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE - 5 CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. Contract Price: Four Million Nine Hundred Eighteen Thousand Three Hundred Eighty-one and 47/100 Dollars ($4,918,381.47) for Base Bid, Alternate 1, and Alternate 2 to adjustment based on the provisions of the Contract. B. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item). The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. C. The Contractor’s Bid, attached hereto as an exhibit, provides the basis for the extended prices for the Unit Price Work. ARTICLE - 6 PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on the basis of Contractor’s Applications for Payment on or about the third Monday of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract. a. 95 percent of Work completed (with the balance being retainage). Page 258 of 362 2025 STREET RECONSTRUCTION / REHABILITATION PROJECT AGREEMENT CITY OF LAKEVILLE PROJECT NO. 25-02 WSB PROJECT NO. 026423-000 PAGE 3 1) If 50 percent or more of the Work has been completed, as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Contractor shall submit to the Engineer an Application for Payment for the retainage amount less the following amounts: 1. 250 percent of the anticipated cost to complete the punch list items; and 2. the greater of $500 or 1 percent of the Contract price to ensure delivery of final paperwork which includes, but is not limited to operation manuals, payroll documents for projects subject to prevailing wage requirements, and the IC134 form. The Owner, upon certification from the Engineer, shall make payment of any undisputed amounts within 30 days of receipt of the Application for Payment. 6.03 Final Payment A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions. 6.04 Consent of Surety A. Owner will not make final payment or return or release retainage at Substantial Completion or at any other time, unless Contractor submits written consent of the surety to such payment, return, or release. 6.05 Interest A. All amounts not paid when due shall bear interest at the rate of 0 percent per month. ARTICLE - 7 CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of all of the following: 1. This Agreement. 2. Bonds: a. Performance bond (together with power of attorney). b. Payment bond (together with power of attorney). 3. General Conditions. 4. Supplementary Conditions. 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings (not attached but incorporated by reference) consisting of 60 sheets with each sheet bearing the following general title: 2025 Street Reconstruction Project, dated February 3, 2025. Drawings (not attached but incorporated by reference) consisting of 59 sheets with each sheet bearing the following general title: 2025 Street Rehabilitation Project, dated February 3, 2025 Page 259 of 362 2025 STREET RECONSTRUCTION / REHABILITATION PROJECT AGREEMENT CITY OF LAKEVILLE PROJECT NO. 25-02 WSB PROJECT NO. 026423-000 PAGE 4 7. Addenda (numbers 56 to 60 of 2025 Street Reconstruction Project, inclusive). Addenda (number 3 of 2025 Street Rehabilitation Project, inclusive). 8. Exhibits to this Agreement: a. bidVAULT Bid Worksheet. b. Non-Collusion Affidavit. c. Responsible Contractor Verification and Certification of Compliance Form. 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Maintenance Bond. B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 7. D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. ARTICLE - 8 REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS 8.01 Contractor’s Representations A. In order to induce the Owner to enter into this Contract, Contractor makes the following representations: 1. Contractor has examined and carefully studied the Contract Documents, including Addenda. 2. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work. 3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work. 4. Contractor has carefully studied all: (a) reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings; and (b) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings. 5. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs. Page 260 of 362 2025 STREET RECONSTRUCTION / REHABILITATION PROJECT AGREEMENT CITY OF LAKEVILLE PROJECT NO. 25-02 WSB PROJECT NO. 026423-000 PAGE 5 6. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions the Contract. 7. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 8. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. 9. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 10. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. 8.02 Contractor’s Certifications A. The provisions of MINN. STAT. 16C.285 Responsible Contractor are imposed as a requirement of this Contract. This Contract may be terminated by the Owner at any time upon discovery by the Owner that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in the Statute. B. The provisions of MINN. STAT. 471.425, subdivision 4a. are imposed as a requirement of this Contract. 1. Each contract of a municipality must require the prime contractor to pay any subcontractor within ten days of the prime contractor’s receipt of payment from the municipality for undisputed services provided by the subcontractor. The contract must require the prime contractor to pay interest of 1.5 percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A Subcontractor who prevails in a civil action to collect interest penalties from a prime contractor must be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. 8.03 Standard General Conditions A. Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published by the Engineer’s Joint Contract Documents Committee, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. Page 261 of 362 2025 STREET RECONSTRUCTION / REHABILITATION PROJECT AGREEMENT CITY OF LAKEVILLE PROJECT NO. 25-02 WSB PROJECT NO. 026423-000 PAGE 6 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on April 7, 2025 (which is the Effective Date of the Contract). Owner: Contractor: City of Lakeville McNamara Contracting, Inc. By: By: Date: Date: Name: Name: Title: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address for giving notices: Address for giving notices: 20195 Holyoke Avenue 16700 Chippendale Avenue Lakeville, MN 55044 Rosemount, MN 55068 Designated Representative: Designated Representative: Name: Name: Title: Title: Address: Address: Page 262 of 362 AA/EOE Braun Intertec Corporation 11001 Hampshire Avenue S Minneapolis, MN 55438 Phone: 952.995.2000 Fax: 952.995.2020 Web: braunintertec.com March 26, 2025 Proposal QTB211800 Mr. Stephen Ferraro City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Re: Proposal for Construction Materials Testing Services 2025 Street Reconstruction and Rehabilitation Project City Improvements Project No. 25-02 Various Locations Lakeville, Minnesota Dear Mr. Ferraro: Braun Intertec Corporation is pleased to submit this proposal to provide construction materials testing services for the 2025 Street Reconstruction and Rehabilitation Project in Lakeville, Minnesota. We have completed the geotechnical evaluation for this project, so we have a unique understanding of the site and construction challenges. We can aid the construction team by applying this experience and transferring our knowledge developed during the design phase which will provide professional continuity to the construction. Our work on the project to date gives us familiarity with the project team and design development which allows us to understand some of the considerations used when developing the project’s design. Our Understanding of Project Reconstruction Project Phase We understand this project will incorporate a reconstruction phase on Hayes Avenue, 170th Street West, Harbor Court and in the Foxborough Park area. This phase will include full depth reclamation, new trail and roadway bituminous pavements, improvements to the water main and storm sewer utilities, and minor improvements to the sanitary sewer utilities. New concrete curb & gutter, sidewalk, and driveways will also be part of the reconstruction phase. Rehabilitation Project Phase We understand this project will also incorporate a rehabilitation phase on Glasgow Way, Glasgow Avenue, 175th Street, 177th Street, 178th Street, and Glacier Way near the Cedar Avenue and Dodd Boulevard intersection. This phase will include bituminous mill and overlay, new trail and roadway bituminous pavements, improvements to the storm sewer utilities, and minor improvements to the water main and sanitary sewer utilities. New concrete curb & gutter, sidewalk, and driveways will also be part of the rehabilitation phase. Page 263 of 362 City of Lakeville Proposal QTB211800 March 26, 2025 Page 2 Available Project Information This proposal was prepared using the following documents and information. Project plans and specifications prepared by WSB and Associates, Inc., dated February 3, 2025. Project Addendum No. 1, prepared by WSB and Associates, Inc., dated February 21, 2025. Discussions with Stephen Ferraro with the City of Lakeville regarding testing rates and scope of services. Scope of Services Services are performed under the direction of a licensed professional engineer. Observation and testing services will be performed on an on-call, as-needed basis as requested and scheduled by you or your on- site project representative. After reviewing available information to determine compliance with project plans and/or specifications and other design or construction documents, our scope of services for the project will be limited to the tasks defined below. Soil Related Services Observe and evaluate the soils exposed in the bottoms of excavations to determine if the soils are similar to those encountered with the geotechnical evaluation and suitable for support of pavements. Our engineer can provide consultation for conditions that appear to differ from the geotechnical evaluation. Measure the in-place dry density, moisture content and relative compaction of fill placed for pavement and of utility backfill for compliance with the project documents. This task includes performing laboratory Proctor tests to provide maximum dry densities from which the relative compaction of fill can be determined, as well as the use of a nuclear density gauge to measure in-place dry densities and moisture contents. Sample and test stabilizing aggregate, full depth reclamation, and aggregate base materials for compliance with the project documents. This task includes laboratory gradation testing of these materials. Perform MnDOT full depth dynamic cone penetrometer (DCP) tests on full depth reclamation materials. Perform MnDOT dynamic cone penetrometer (DCP) tests on aggregate base materials. Page 264 of 362 City of Lakeville Proposal QTB211800 March 26, 2025 Page 3 Concrete Related Services Sample and test fresh concrete associated with general concrete placements for compliance with the project documents and cast test cylinders for laboratory compressive strength testing. We assume that we will be able to appropriately dispose of excess concrete (and associated wash water) on site at no additional cost to us. Measure and report the compressive strength of the concrete test cylinders for compliance with the project documents. A set of three cylinders will be tested at 28 days for each set cast. If field cure cylinders are requested, each additional cylinder will be charged at the unit price listed in our cost estimate. Bituminous Related Services Sample and test bituminous pavement materials for compliance with the project documents. This task includes rice specific gravity, gyratory density, fine aggregate angularity, percent crushed, asphalt content and extracted aggregate gradation tests of the bituminous. Measure the in-place wet density of the fresh bituminous wear course with a nuclear density gauge to observe and document the contractor’s roll pattern. Perform bituminous coring and core testing. We will provide a two-man crew to mark and cut cores at random locations on non-wear (base) bituminous paving. Results will be analyzed for compliance with the project documents. We will patch the core holes with hot mix bituminous. Sample and test bituminous seal coat aggregate material for compliance with the project documents. This task includes laboratory gradation testing of these materials. Consulting, Project Communication and Reporting Services Project management, including scheduling of our field personnel. Review observation and test reports and communicating with you and the parties you may designate such as the project contractor(s), and other project team members, as needed. Transmit test results to the project team on a weekly basis. Basis of Scope of Work The costs associated with the proposed scope of services were estimated using the following assumptions. If the construction schedule is modified or the contractor completes the various phases of the project at different frequencies or durations than shown in this proposal, we may need to adjust the overall cost accordingly. The scope of work and number of trips required to perform these services are as shown in the attached table. Notable assumptions in developing our estimate include: We assume it will take seven trips to complete the nuclear density gauge testing on this project. Page 265 of 362 City of Lakeville Proposal QTB211800 March 26, 2025 Page 4 We assume compaction testing on aggregate base and full depth reclamation materials will be performed using the appropriate Dynamic Cone Penetration (DCP) method; a minimum of two tests will be conducted each trip with five trips assumed. We assume 30 sets of concrete tests will be required to complete the project. We assume the rebar observations before concrete placements will be completed by the project representative’s construction oversight manager. We assume bituminous paving will be completed in 17 days for this project. We assume City of Lakeville personnel will observe the test rolling of soils and full depth reclaim for this project. We assume the project engineer of record will review and approve contractor’s quality control submittals and test results. You, or others you may designate, will provide us with current and approved plans and specifications for the project. Modification to these plans must also be sent to us so we can review their incorporation into the work. We will require a minimum of 24 hours’ notice for scheduling inspections for a specific time. Shorter than 24 hours’ notice may impact our ability to perform the requested services, and the associated impacts will be the responsibility of others. If the work is completed at different rates than described above, this proposal should be revised. If the pace of construction is different than described above, this proposal should be revised. Cost and Invoicing We will furnish the services described herein for an estimated fee of $48,481. Our estimated costs are based on industry averages for construction production. Depending on the contractor’s performance, our costs may be significantly reduced or slightly higher than estimated. A tabulation showing our estimated hourly and/or unit rates associated with our proposed scope of services is also attached. The actual cost of our services will be based on the actual units or hours expended to meet the requirements of the project documents. This cost estimate was developed with the understanding that the scope of services defined herein will be required and requested during our normal work hours of 6:00 a.m. to 4:00 p.m., Monday through Friday. Services that we are asked to provide to meet the project requirements or the contractor’s construction schedule outside our normal business hours will be invoiced using an overtime rate factor. The factor for services provided outside our normal work hours or on Saturday will be 1.25 times the listed hourly rate for the service provided. The factor for services provided on Sunday or legal holidays will be 1.5 times the listed hourly rate for the service provided. We have not included premiums for Page 266 of 362 City of Lakeville Proposal QTB211800 March 26, 2025 Page 5 overtime in our cost estimate; however, we recommend that allowances and contingencies be made for overtime charges. You will be billed only for services provided on a time and materials basis. Because our services are directly controlled by the schedule and performance of others, the actual cost may vary from our estimate. It is difficult to project all of the services and the quantity of services that may be required for any project. If services are required that are not discussed above, we will provide them at the rates shown in the attached table or, if not shown, at our current Schedule of Charges. We will invoice you on a monthly basis. General Remarks We will be happy to meet with you to discuss our proposed scope of services further and clarify the various scope components. We appreciate the opportunity to present this proposal to you. After reviewing this proposal, please sign and return one copy to our office as notification of acceptance and authorization to proceed. If anything in this proposal is not consistent with your requirements, please let us know immediately. Braun Intertec will not release any written reports until we have received a signed agreement. Also, ordering services from Braun Intertec constitutes acceptance of the terms of this proposal. The proposed fee is based on the scope of services described and the assumption that our services will be authorized within 30 days and that others will not delay us beyond our proposed schedule. Page 267 of 362 City of Lakeville Proposal QTB211800 March 26, 2025 Page 6 Our services will be provided under the terms of the Master Agreement for Professional Engineering Services dated September 20, 2021. To have questions answered or schedule a time to meet and discuss our approach to this project further, please contact Carter Weathermon at 952.836.4148 (cweathermon@braunintertec.com) or Andrew Valerius at 952.995.2242 (avalerius@braunintertec.com). Sincerely, BRAUN INTERTEC CORPORATION Carter J. Weathermon CMT Field Technician III Andrew M. Valerius Associate Director, Senior Project Manager Charles M. Cadenhead, Jr., PE Vice President, Principal Engineer Attachment: Project Proposal – QTB211800 The proposal is accepted. We will reimburse you in accordance with this agreement, and you are authorized to proceed: Authorizer’s Firm Authorizer’s Signature Authorizer’s Name (please print or type) Authorizer’s Title Date Page 268 of 362 Client:Service Description:Work Site Address: Hayes Ave, 170th St W, Glacier Way, 175th St, Glasgow Way, 177th St, and 178th St Lakeville, MN 55044 City of Lakeville Stephen Ferraro 20195 Holyoke Ave Lakeville, MN 55044 (952) 985-4400 Construction Materials Testing Description Quantity Units Unit Price Extension Phase 1 Construction Materials Testing Activity 1.1 Soil Testing $7,793.00 126 Project Engineer 4.00 Hour 160.00 $640.00 207 Compaction Testing - Nuclear 21.00 Hour 82.00 $1,722.00 Work Activity Detail Qty Units Hrs/Unit Extension Utility Trench Backfill 7.00 Trips 3.00 21.00 1308 Nuclear moisture-density meter charge, per hour 21.00 Each 24.00 $504.00 217 Compaction Testing - DCPs 15.00 Hour 82.00 $1,230.00 Work Activity Detail Qty Units Hrs/Unit Extension Full Depth Reclamation/Aggregate Base 5.00 Trips 3.00 15.00 1318 Moisture Density Relationship (Proctor)3.00 Each 185.00 $555.00 1162 Sieve Analysis with 200 wash, per sample 10.00 Each 136.00 $1,360.00 209 Sample pick-up 13.50 Hour 82.00 $1,107.00 Work Activity Detail Qty Units Hrs/Unit Extension Proctor/Full Depth Reclaim Sample Pick-Up 9.00 Trips 1.50 13.50 1530AG Asphalt Content of Aggregate Base, per sample 1.00 Each 150.00 $150.00 1861 CMT Trip Charge 21.00 Each 25.00 $525.00 Activity 1.2 Concrete Testing $12,525.00 261 Concrete Testing 90.00 Hour 82.00 $7,380.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb & Gutter 10.00 Trips 3.00 30.00 Sidewalk/Driveways 20.00 Trips 3.00 60.00 1364 Compressive strength of concrete cylinders, per specimen 90.00 Each 31.00 $2,790.00 Work Activity Detail Qty Units Hrs/Unit Extension Curb & Gutter 10.00 Sets 3.00 30.00 Sidewalk/Driveways 20.00 Sets 3.00 60.00 278 Concrete Cylinder Pick up 15.00 Hour 82.00 $1,230.00 Work Activity Detail Qty Units Hrs/Unit Extension Cylinder Pick-Up 13.00 Trips 1.00 13.00 1861 CMT Trip Charge 45.00 Each 25.00 $1,125.00 Activity 1.3 Pavement Testing $21,548.00 207 Compaction Testing - Nuclear 36.00 Hour 82.00 $2,952.00 Work Activity Detail Qty Units Hrs/Unit Extension Roll Pattern/Sample Pick-Up - Wear Course 12.00 Trips 3.00 36.00 1308 Nuclear moisture-density meter charge, per hour 36.00 Each 24.00 $864.00 209 Sample pick-up 9.00 Hour 82.00 $738.00 Work Activity Detail Qty Units Hrs/Unit Extension Sample Pick-Up - Non Wear Course 5.00 Trips 1.50 7.50 Bituminous Seal Coat Aggregate Sample Pick-Up 1.00 Trips 1.50 1.50 Page 1 of 203/26/2025 04:03 PM Project Proposal QTB211800 City of Lakeville - 2025 Street Recon/Rehabilitation 25-02 Page 269 of 362 Proposal Total:$48,481.00 1162 Sieve Analysis with No. 200 wash (ASTM C136 and C117)1.00 Each 136.00 $136.00 Work Activity Detail Qty Units Hrs/Unit Extension Bituminous Seal Coat Aggregate 1.00 Each 1.00 1.00 2689 MnDOT Bituminous Verification, per sample 17.00 Each 679.00 $11,543.00 252 Bituminous Coring, Two Person Crew 20.00 Hour 185.00 $3,700.00 Work Activity Detail Qty Units Hrs/Unit Extension Mark & Core Bituminous Pavement - Non Wear Course 5.00 Trips 4.00 20.00 1542 Thickness and Density of Bituminous Core 20.00 Each 52.00 $1,040.00 1861 CMT Trip Charge 23.00 Each 25.00 $575.00 Activity 1.4 Project Management $6,615.00 226 Project Manager 30.00 Hour 160.00 $4,800.00 228 Senior Project Manager 2.00 Hour 185.00 $370.00 238 Project Assistant 15.00 Hour 82.00 $1,230.00 130 Principal Engineer 1.00 Hour 215.00 $215.00 Phase 1 Total:$48,481.00 Page 2 of 203/26/2025 04:03 PM Project Proposal QTB211800 City of Lakeville - 2025 Street Recon/Rehabilitation 25-02 Page 270 of 362 CITY OF LAKEVILLE RESOLUTION NO. 25- Resolution Adopting Assessments for City Improvement Project 25-02 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met, heard and passed upon all objections to the proposed assessment for City Project 25-02 within portions of Cherry View 2nd Addition, Cherrywood Heights, Creek View 2nd Addition, and Foxborough Addition. NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota: 1. Such proposed assessment in a total amount of $564,768, copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included in the hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessments shall be considered payable in equal annual principal installments over a period of five (5) years for assessment values up to $2,500, ten (10) years for assessment values from $2,501-5,000, fifteen (15) years for assessment values $5,001-7,500, and twenty (20) years for assessment values over $7,501 the first of the installments to be payable on or before the first Monday in January 2026. The assessments shall bear interest at the rate of 3.88% percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2026. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property may, prior to certification of the assessment to the county auditor, pay the whole or portion of the assessment on such property. No interest will be charged if the entire assessment is paid by November 15, 2025. No partial payments will be accepted after November 15, 2025. Payments made between November 16, 2025 and December 15, 2025 will include daily interest accrued from November 16 to the date of the payment. The first-year installment payments will be due with taxes payable 2026 and will include interest accrued from November 16, 2025 – December 31, 2026. The property owner may at any time pay the entire amount of the assessment remaining unpaid. 4. The clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. ADOPTED by the Lakeville City Council this 7th day of April 2025. ______________________________ Luke M. Hellier, Mayor Page 271 of 362 _________________________________ Ann Orlofsky, City Clerk Page 272 of 362 CITY OF LAKEVILLE RESOLUTION NO. 24- Resolution Authorizing Funding and 2024 Budget Amendments and Transfers 2025 Street Reconstruction/Rehabilitation Project, City Project 25-02 WHEREAS, 2025 Street Reconstruction/Rehabilitation, City project 25-02, is programmed in the adopted Lakeville 5-year Capital Improvement Plan (2025-2029). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Lakeville, Minnesota: The estimated project cost is $6,076,544 and anticipated funding sources are listed below. City staff is hereby authorized to amend the 2025 budgets (if needed as the project is completed) and make the appropriate transfers between funds with respect to the project funding sources up to 10% above the estimated costs. Funding transfers may include loans between funds to cover engineering and other costs incurred on the project in advance of receiving other funding. ADOPTED by the Lakeville City Council this 7th day of April 2025. ______________________________ Luke M. Hellier, Mayor _________________________________ Ann Orlofsky, City Clerk Page 273 of 362 Date: 4/7/2025 Public Hearing for Vacation of Drainage and Utility Easements and Spirit of Brandtjen Farm 25th Addition Preliminary Plat and PUD Amendment Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the Spirit of Brandtjen Farm 25th Addition preliminary plat and PUD development stage plan, 2) an amendment to the Spirit of Brandtjen Farm planned unit Development and adopt the findings of fact, and 3) a resolution vacating public drainage and utility easements. Overview Tradition Development representatives are requesting approval of the Spirit of Brandtjen Farm (SBF) 25th Addition preliminary plat, which consists of seven detached townhome units on 0.9 acres located north of 170th Street and west of Draft Horse Boulevard. This is the last residential development phase of the SBF PUD approved by the City Council on June 20, 2005. The detached townhomes are proposed in an area originally anticipated for neighborhood commercial uses; as that has not occurred, the Developer has proposed the detached townhomes as a transition from the Farmstead Preservation Area to the single family homes on the east side of Draft Horse Boulevard and the requested PUD amendment is to allow townhomes in this area. In conjunction with the preliminary plat, a public hearing for the vacation of public drainage and utility easements within the parent parcels is required. The easements being vacated will be replaced with permanent public drainage and utility easements on the SBF 25th Addition final plat. The Planning Commission held a public hearing on the preliminary plat, PUD development stage plans, and an amendment to the Spirit of Brandtjen Farm planned unit development at their March 20, 2025 meeting. There was no public comment. The developer also hosted a neighborhood meeting on March 11, 2025, with approximately 40 attendees. The preliminary plat plans have been reviewed by the Engineering Division and Park and Recreation Department staff. Supporting Information 1. Preliminary Plat and Vacation Resolutions 2. Ordinance amending Spirit of Brandtjen Farm PUD & Findings of Fact 3. March 20, 2025 draft Planning Commission minutes 4. March 13, 2025 Planning and Engineering reports 5. Exhibits Page 274 of 362 Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 275 of 362 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 25-____ RESOLUTION APPROVING THE PRELIMINARY PLAT OF SPIRIT OF BRANDTJEN FARM 25TH ADDITION WHEREAS, Tradition Development has requested approval of the preliminary plat of seven townhome lots to be known as SPIRIT OF BRANDTJEN FARM 25TH ADDITION; legally described as: Lot 2, Block 1, Spirit of Brandtjen Farm Office Addition; and Lot 1, Block 21, Spirit of Brandtjen Farm WHEREAS, the Planning Commission held a public hearing on the application at its March 20, 2025 meeting, preceded by published and mailed notice as required by the Subdivision Ordinance; and WHEREAS, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, the preliminary plat meets Subdivision Ordinance requirements and is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: The SPIRIT OF BRANDTJEN FARM 25TH ADDITION preliminary plat is hereby approved subject to the following conditions: 1. The site plan and preliminary plat shall comply with the following setback requirements: Detached Townhomes 170th Street 50ft. Draft Horse Boulevard Building 15ft. Garage Door NA Side-Corner Building 15ft. Rear Building NA Garage Door 25ft. Between Buildings 15ft. Lot 1, Block 2 None Off-Street Parking Public Right-of-Way 15ft. Page 276 of 362 2 2. Construction plans for a parking lane on Draft Horse Boulevard shall be subject to review of the City Engineer. 3. All private drive and off-street parking section designs and construction plans shall be subject to review and approval of the City Engineer. 4. A parking zone limiting of the parking spaces on Draft Horse Boulevard to 20 minutes shall be established by City Council resolution at the time of final plat approval. 5. Public access easements shall be dedicated over the sidewalks within Lot 8, Block 1, Outlot A, and Outlot B. 6. The landscape plan shall be to be subject to review and approval of the City Forester. 8. The preliminary plat shall be revised to provide for dedication of drainage and utility easements at the perimeter of Lot 1, Block 2; all drainage and utility easements are subject to review and approval of the City Engineer. 9. All grading, drainage, and erosion control plans shall be subject to review and approval by the City Engineer. 10. All utility plans are subject to review and approval by the City Engineer. 11. Outlot A shall be deeded to the Spirit of Brandtjen Farm 25th Addition sub-homeowner’s association for ownership and maintenance. 12. Park dedication requirements shall be satisfied as a cash fee in lieu of land as provided for by the SBF Master Development Agreement at the time of final plat approval, if required. 13. Homeowners Association documents for Spirit of Brandtjen Farm 25th Addition including the plat within the SBF Master Association and establishing a sub-association for ownership and maintenance of Lot 8, Block 1 and Outlot A shall be subject to review and approval by the City Attorney and must be recorded prior to the issuance of building permits. 14. The developer shall execute a development contract with the City as drafted by City Attorney and subject to approval of the City Council concurrent with final plat approval. ADOPTED by the Lakeville City Council this 7th day of April, 2025. CITY OF LAKEVILLE By: Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk Page 277 of 362 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. 25-______ RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider vacating the following described drainage and utility easements; and WHEREAS, the City Council has determined that it is in the public interest to vacate said drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public drainage and utility easements lying over, under, and across the following parcels are hereby vacated: Lot 2, Block 1, Spirit of Brandtjen Farm Office Addition; and Lot 1, Block 21, Spirit of Brandtjen Farm 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 7th day of April 2025. Page 278 of 362 2 CITY OF LAKEVILLE BY:________________________ Luke M. Hellier, Mayor ATTEST: BY:________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA) ( DAKOTA COUNTY ) I hereby certify that the foregoing Resolution No. 25-___ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 7th day of April 2025 as shown by the minutes of said meeting in my possession. __________________________ Ann Orlofsky City Clerk Seal Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 279 of 362 1 ORDINANCE NO. : ____ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE PUD, PLANNED UNIT DEVELOPMENT DISTRICT FOR THE SPIRIT OF BRANDTJEN FARM THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Section 5.H of Ordinance 787 (SBF PUD District - Allowed Uses) is hereby amended to read as follows: H. Farmstead Preservation Area District. All permitted uses, permitted accessory uses, conditional uses, interim uses and uses allowed by administrative permit within the O-R District shall be allowed within this sub-district subject to approval of a Development Stage Plan in accordance with Section 11-96-13 of the Zoning Ordinance, and: 1. Bagel, bakery, candy, coffee, delicatessen, ice cream, popcorn, nuts, frozen desserts, pastries, sandwich, soup and beverage sales. 2. Bed and breakfast facilities subject to Section 33 of the Zoning Ordinance. 3. Architecturally themed mini-storage/condominium garage units. 4. Public, quasi-public or private parks, trails, playgrounds and directly related buildings and structures, recreational buildings and neighborhood or community centers. 5. Spirit of Brandtjen Farm related real estate offices, information centers and construction vendor showroom/sales facilities. 6. Restaurant (general), delivery and/or takeout food. 7. Service Business (on-site). 8. Townhomes, detached only. Page 280 of 362 2 Section 2. This Ordinance shall be effective upon its passage and publication. ADOPTED by the Lakeville City Council this 7th day of April, 2025. CITY OF LAKEVILLE BY:_____________________________ Luke M. Hellier, Mayor ATTEST BY:__________________________ Ann Orlofsky, City Clerk Page 281 of 362 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SPRIRIT OF BRANDTJEN FARM PUD DISTRICT AMENDMENT FINDINGS OF FACT AND DECISION On 14 April 2025, the Lakeville City Council met at its regularly scheduled meeting to consider the application of SBF Development Corporation for PUD, Planned Unit Development District amendment to allow detached townhomes within the Farmstead Preservation Area. FINDINGS OF FACT 1. The City Council adopted Ordinance 787 establishing a PUD, Planned Unit Development District on 20 June 2025 for the Spirit of Brandtjen Farm. 2. Section 4 of the Spirit of Brandtjen Farm PUD, Planned Unit Development District Ordinance establishes land use sub-districts within the PUD District. 3. Section 5 of the Spirit of Brandtjen Farm PUD, Planned Unit Development District Ordinance establishes allowed uses within the PUD District by sub-district. 4. The applicant is proposing to amend the Spirit of Brandtjen Farm PUD, Planned Unit Development District Ordinance to allow detached townhome dwellings as an allowed use within the Farmstead Preservation Area. 5. Section 11-3-3.E of the Zoning Ordinance provides that the City Council shall consider possible effects of the proposed amendment with its judgment shall be based upon, but not limited to, the following factors: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The 2040 Lakeville Comprehensive Plan adopts the SBF Master Land Use Plan (Page 3.4 of the SBF PUD Booklet) including the designation of the Farmstead Preservation Area. The Farmstead Preservation Area was a focus in the planning for Spirit of Brandtjen Farm to reflect the history of the property and provide character for the overall development that was to occur under the provisions of the PUD District. Page 282 of 362 2 Section 8 of the SBF PUD Booklet documents the history of the Brandtjen Farm and provides guidance for planned restoration of the remaining buildings within designated Farmstead Preservation Area and additional development to be allowed to occur within the area. Development of detached townhomes was indicated for future development on the concept plan for the Farmstead Preservation Area included on page 8.3 of the SBF PUD Booklet. Inclusion of detached townhomes within the Farmstead Preservation Area is consistent with the SBF Land Use Plan and 2040 Comprehensive Plan. . b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The table below summarizes land uses surrounding the subject property. The proposed subdivision of nine lots for commercial uses and outlots for future high density residential development will be compatible with existing and planned land use in the area of the subject property. Direction Land Use Plan Zoning Map Existing Use North Commercial HDR PUD District Crossroads East MDR RM-3 District Row townhouses South Public/Quasi Public HDR POS District PUD District Metro Transit Park/Ride Edison at Avonlea West Public/Quasi Public POS District Central Maintenance Facility c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: Development of detached townhomes will require approval of a PUD Development Stage Plan prior to construction to provide for compliance with the requirements of the Spirit of Brandtjen Farm PUD, Planned Unit Development District. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: Spirit of Brandtjen Farm the Municipal Urban Service Area and development within the subdivision can be accommodated within the City’s existing public service capacity. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: Spirit of Brandtjen Farm is accessed from 160th Street (CSAH 42), Pilot Knob Road (CSAH 31), 170th Street, as well as future Diamond Path. These roadways have functional classification designations and capacity to accommodate the planned buildout of the Spirit of Brandtjen Farm. Page 283 of 362 3 5. The Planning Commission conducted a public hearing at their meeting on 2025 regarding the application preceded by published and mailed notice; the applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak; the public hearing was closed and the Planning Commission voted to recommend the City Council approve the application. 6. The report dated 13 March 2025 prepared by The Planning Company LLC (TPC) on behalf of the City is incorporated herein. DECISION The City Council hereby approves an Ordinance amending the PUD, Planned Unit Development District for the Spirit of Brandtjen Farm allowing for detached townhomes as an allowed use within the Farmstead Preservation Area based upon the foregoing information, findings, and conditioned upon compliance with the planning report prepared by TPC dated 25 February 2025. ADOPTED by the Lakeville City Council this 7th day of April, 2025. CITY OF LAKEVILLE BY: ________________________ Luke M. Hellier, Mayor ATTEST BY: ________________________ Ann Orlofsky, City Clerk Page 284 of 362 CITY OF LAKEVILLE. PLANNING COMMISSION MEETING MINUTES March 20, 2025 Chair Majorowicz called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. Members Present: Chair Jenna Majorowicz, Vice Chair Christine Zimmer, Scott Einck, Pat Kaluza, Jason Swenson, Amanda Tinsley, Mark Traffas, Ex-Officio Jeff Hanson. Members Absent: 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. 3. Approval of the Meeting Minutes The March 6, 2025 Planning Commission meeting minutes were approved as presented. 4. Announcements Planning Manager Kris Jenson stated if the agenda items are not tabled they will move forward to the April 7 City Council meeting. 5. Spirit of Brandtjen Farm 25th Addition Chair Majorowicz opened the public hearing to consider the applications of Tradition Development for a preliminary plat, PUD Development Stage Plan, and an amendment to the Spirit of Brandtjen Farm planned unit development located north of 170th Street and west of Draft Horse Boulevard. Pat Wrase from Tradition Development introduced the project. He stated it is the last outlot of developable land in the Spirit of Brandtjen Farm development. Ms. Jenson presented the staff report. Chair Majorowicz opened the hearing to the public for comment. There was no public comment. Motion was made by Kaluza, seconded by Swenson to close the public hearing at 6:09 p.m. Voice vote was taken on the motion. Ayes – unanimous Page 285 of 362 Planning Commission Meeting Minutes, March 20, 2025 Page 2 Chair Majorowicz asked for comments from the Planning Commission. • Commissioner Traffas requested clarification on the 20 minute parking zone. Ms. Jenson stated there is a pull-off area for deliveries, and they don’t expect there to be problems with this. • Commissioner Swenson asked for clarification regarding this being the final plat and he expressed his pleasure with this successful development. • Commissioner Kaluza expressed his agreement with the success of this development. Motion was made by Swenson, seconded by Einck to recommend to City Council approval of the Spirit of Brandtjen Farm 25th Addition preliminary plat, PUD development stage plan, and amendment to the Spirit of Brandtjen Farm planned unit development subject to the 13 stipulations listed below: 1. The site plan and preliminary plat shall comply with the following setback requirements: Detached Townhomes 170th Street 50ft. Draft Horse Boulevard Building 15ft. Garage Door NA Side-Corner Building 15ft. Rear Building NA Garage Door 25ft. Between Buildings 15ft. Lot 1, Block 2 None Off-Street Parking Public Right-of-Way 15ft. 2. Construction plans for a parking lane on Draft Horse Boulevard shall be subject to review of the City Engineer. 3. All private drive and off-street parking section designs and construction plans shall be subject to review and approval of the City Engineer. 4. A parking zone limiting of the parking spaces on Draft Horse Boulevard to 20 minutes shall be established by City council resolution at the time of final plat approval. 5. Public access easements shall be dedicated over the sidewalks within Lot 8, Block 1, Outlot A, and Outlot B. 6. The landscape plan shall be to be subject to review and approval of the City Forester. 7. The preliminary plat shall be revised to provide for dedication of drainage and utility easements at the perimeter of Lot 1, Block 2; all drainage and utility easements are subject to review and approval of the City Engineer. Page 286 of 362 Planning Commission Meeting Minutes, March 20, 2025 Page 3 8. All grading, drainage, and erosion control plans shall be subject to review and approval by the City Engineer. 9. All utility plans are subject to review and approval by the City Engineer. 10. Outlot A shall be deeded to the Spirit of Brandtjen Farm 25th Addition sub-homeowner’s association for ownership and maintenance 11. Park dedication requirements shall be satisfied as a cash fee in lieu of land as provided for by the SBF master Development Agreement at the time of final plat approval, if required. 12. Homeowners Association documents for Spirit of Brandtjen Farm 25th Addition including the plat within the SBF Master Association and establishing a sub-association for ownership and maintenance of Lot 8, Block 1 and Outlot A shall be subject to review and approval by the City Attorney and must be recorded prior to the issuance of building permits. 13. The developer shall execute a development contract with the City as drafted by City Attorney and subject to approval of the City Council concurrent with final plat approval. Ayes: Tinsley, Kaluza, Majorowicz, Zimmer, Einck, Swenson, Traffas Nays: 0 6. Lord of Life Townhomes Chair Majorowicz opened the public hearing to consider the applications of Frisbie Properties, LLC/Lord of Life Townhomes for a preliminary plat for 24 twin home lots and one common area lot to be known as Lord of Life Townhomes, a variance for cul-de-sac street length, and vacation and re-dedication of certain public drainage and utility easements. The parcel to be developed is located east of Dodd Lane and south of Lord of Life Church, located at 16200 Dodd Lane. Matt Frisbie introduced the project. Senior Planner Heather Botten presented the staff report. Chair Majorowicz opened the hearing to the public for comment. There was no public comment. Motion was made by Zimmer, seconded by Swenson to close the public hearing at 6:19 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Majorowicz asked for comments from the Planning Commission. • Commissioner Zimmer asked if there were any areas of water. Mr. Frisbie stated that wet land delineation was completed. There are some lowlands which will be addressed with grading but no identified wetlands. Page 287 of 362 3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 PLANNING REPORT TO: Community Development Director Tina Goodroad Planning Manager Kris Jenson FROM: D. Daniel Licht DATE: 13 March 2025 RE: Lakeville – Spirit of Brandtjen Farm; 25th Addition TPC FILE: 135.01 BACKGROUND Tradition Development (d/b/a SBF Development Corporation) has submitted plans to develop seven detached townhomes along the west side of Draft Horse Boulevard and north of 170th Street within the Farmstead Preservation Area of Spirit of Brandtjen Farm. The subject property includes Lot 2, Block 1, Spirit of Brandtjen Farm Office Addition that is developed with the Tradition Development real estate office and Outlot B, Spirit of Brandtjen Farm, which encompasses the original outdoor horse ring. The proposed development requires consideration of applications for a PUD Ordinance amendment, PUD Development Stage Plan, Preliminary Plat, and vacation of drainage and utility easements. A public hearing to consider the application was been noticed for the Planning Commission meeting on 6 March 2025. The public hearing was tabled to the Planning Commission on 20 March 2025 to allow the developer to host a neighborhood meeting on 11 March 2025. Exhibits: A. Site Location Map B. SBF Master Land Use Plan (SBF Booklet p. 3.4) C. SBF Sample Master Site Plan (SBF Booklet p 3.5) D. SBF Farmstead Preservation Area Concept Plan (SBF Booklet p. 8.3) E. Existing Conditions F. Site Plan G. Demolition Plan H. Preliminary Plat I. Erosion and Sediment Control Plan J. Grading and Drainage Plan K. Landscape Plans (2 pages) Page 288 of 362 2 ANALYSIS SBF Planning and Development. Tradition Development received City Council approval of a PUD, Planned Unit Development District on 30 June 2005 for development of 548 acres as the Spirit of Brandtjen Farm. The approval of the PUD District established zoning entitlements for a mix of commercial businesses; residential dwellings including single family, detached townhomes, two-family, townhouse, and multiple family dwellings; and public and private open spaces that Tradition Development has proceeded with constructing over the last 20 years. The PUD District approval was the outcome of a more than two year planning process led by Tradition Development to work with the Planning Commission to create development standards unique to Spirit of Brandtjen Farm. These standards outlined in the SBF PUD Booklet dated 30 June 2005 adopted concurrent with the rezoning amendment, including the allowed mix of uses within the development, lot requirements and setbacks, design standards for streets and private drives, pedestrian accessibility, and preservation of open space that is to be either public or publicly accessible and privately maintained. The planning process also involved extensive study of the proposed development related to potential for environmental impacts, as well as transportation studies and utility planning to ensure that adequate infrastructure would be in-place at full-build out. Each addition to Spirit of Brandtjen Farm is implemented through consistency with the PUD District set forth by the ordinance adopted by the City Council and the SBF PUD Booklet. The PUD District ordinance and SBF PUD Booklet provide direction to the developer, public, and City officials as to consideration of development within Spirit of Brandtjen Farm. Several key principles are integral to the PUD District and SBF PUD Booklet: Spirit of Brandtjen Farm is to include a mix of commercial, residential dwellings, private recreation amenities, and public or publicly accessible open space. The development is allowed to include up to 2,109 dwelling units. The developer is given the flexibility to transfer density within the planned residential areas of Spirit of Brandtjen Farm up to the limit of 2,1019 dwelling units. Because of the timeframe involved in developing the area included in the PUD District, the developer Is to be given flexibility through amendments to the PUD District or through PUD Development Stage Plan approvals to address changes in market preferences and trends. SBF Land Use Plan. The SBF Master Land Use Plan (Page 3.4 of the SBF PUD Booklet) designates the subject property a Farmstead Preservation Area. The Farmstead Preservation Area was a focus in the planning for Spirit of Brandtjen Farm to reflect the history of the property and provide character for the overall development that was to occur under the provisions of the PUD District. Section 8 of the SBF PUD Booklet documents the history of the Brandtjen Farm and provides guidance for planned restoration of the remaining buildings within designated Farmstead Preservation Area and additional development to be allowed to occur within the area. The central element of the Farmstead Preservation Area is the dairy barn that has been converted to a private neighborhood recreation building and outdoor pool. The Brandtjen residence demolished as the structure was not suitable for reuse, but was reconstructed for commercial uses with exterior design Page 289 of 362 3 almost exactly matching with that of the original structure. The horse barn is the third remaining element of the original Brandtjen farmstead that was repurposed for office uses and expanded to the east in 2018 that is currently occupied as a real estate office. The area of the subject property to be developed with the proposed detached townhomes was indicated for future development on the concept plan for the Farmstead Preservation Area included on page 8.3 of the SBF PUD Booklet. This area was envisioned to be an opportunity for both indoor and outdoor commercial event space. Development of the proposed detached townhomes facing Draft Horse Boulevard will better define the commercial and community space uses within Farmstead Preservation Area to the single-family dwellings to the east. Zoning. The subject property is zoned PUD, Planned Unit Development District. The PUD District ordinance specifies that the allowed uses within the Farmstead Preservation Area as those use allowed within the O-R, Office Residential District, and: 1. Bagel, bakery, candy, coffee, delicatessen, ice cream, popcorn, nuts, frozen desserts, pastries, sandwich, soup and beverage sales. 2. Bed and breakfast facilities subject to Section 33 of the Zoning Ordinance. 3. Architecturally themed mini-storage/condominium garage units. 4. Public, quasi-public or private parks, trails, playgrounds and directly related buildings and structures, recreational buildings and neighborhood or community centers. 5. Spirit of Brandtjen Farm related real estate offices, information centers and construction vendor showroom/sales facilities. 6. Restaurant (general), delivery and/or takeout food. 7. Service Business (on-site). The intent of the allowed uses within the Farmstead Preservation Area was to provide for uses that would service and be complementary of the overall Spirit of Brandtjen Farm neighborhood as well as create opportunity for unique destination type businesses that could be patronized by the larger Lakeville community. The proposed development of detached townhouses within the subject property requires consideration of an amendment to the PUD District to allow for detached townhouse dwellings within the Farmstead Preservation Area as an expansion of the multiple family residential uses already allowed by the PUD District. The history of the Brandtjen Farm included several small cabin-like structures west of the farmhouse that were occupied by farm laborers. During the planning for Spirit of Brandtjen Farm, it was discussed that construction of similar structures could allow for small offices, hobby spaces, etc. The form and scale of the proposed detached townhouses, especially as a single story, could be considered representative of the past farm laborer dwellings. Development of the proposed residential uses in this manner is appropriate given goals for the Farmstead Preservation Area. The proposed residential dwellings also for a desirable land use transition from the Farmstead Preservation Area across Draft Horse Boulevard to the east. Page 290 of 362 4 Building Plans. The developer intends that the detached townhouses will be of the same or similar design as the buildings constructed within Spirit of Brandtjen Farm 21st to 23rd Additions located east of Eagleview Drive and 162nd Street for Planning Commission consideration with the submitted plans. The representative structures are characteristic of the high quality single family architecture within Spirit of Brandtjen and in harmony with the single family dwellings to the east and other structures within the Farmstead Preservation Area. Lot Area. Development of detached townhomes within Spirit of Brandtjen Farm is to provide a minimum of 5,000 square feet of lot area per dwelling unit in accordance with the requirements of the RST-2, Single and Two Family District. The area of the seven unit lots and one base lot for the detached townhomes is 0.912 acres (39,726.72 square feet) or 5,675.24 square feet for each dwelling unit. The area to be developed for the proposed detached townhouses complies with the minimum lot area requirements of the SBF PUD Booklet. There is no minimum lot requirement established for non-residential uses within the Farmstead Preservation Area by the SBF PUD District. As such, there is no issue with replating of Lot 2, Block 1 Spirit of Brandtjen Farm Addition, which reduces the lot area of the real estate office to allow for development of the proposed detached townhouses. Setbacks. The table below indicates the required setbacks for the proposed detached townhouse buildings as established by the table on page 7.1 of the SBF PUD Booklet: Required Proposed 170th Street 50ft. 50ft. Draft Horse Boulevard Building 20ft. 15ft. Garage Door 25ft. NA Side-Corner Building 15ft. 15ft. Rear Building 20ft. NA Garage Door 25ft. 25ft. Between Bldgs. 20ft. 15ft. The proposed preliminary plat and site plan propose a minimum 15 foot setback for the detached townhomes from Draft Horse Boulevard. The same reduced front yard setback along 162nd Street was approved for Spirit of Brandtjen Farms 21st through 23rd Additions. The reduced setback provides a more building forward streetscape and reflects the side yard being indented the primary open space for each dwelling within the site plan. The proposed 15 foot setback to Draft Horse Boulevard is acceptable within the intent of the site plan and architecture of the proposed detached townhouses. The SBF PUD Booklet specifies a minimum 20 foot setback between the detached and row townhouse buildings, whereas the preliminary plat provides only 15 feet between the detached townhouse buildings. The City amended the Zoning Ordinance subsequent to approval of Spirit of Brandtjen Farm to require a 14-foot setback between detached townhomes within the RST-2 District making the proposed 15 foot setback between detached townhouse buildings for SBF 25th Addition appropriate. Access. The subject property abuts 170th Street and Draft Horse Boulevard. The preliminary plat does not include dedication of right-of-way or construction of new streets. Access to the proposed detached townhouse dwellings is to be provided for with construction of private drives and off-street parking areas Page 291 of 362 5 within Outlot A and B of the preliminary plat. These private drives and off-street parking areas will also serve the horse barn and real estate office buildings. Public Street. The only modification to public streets is construction of a parking lane for two vehicles on the west side of Draft Horse Boulevard. Plans for construction of the parking lane is to be subject to review and approval of the City Engineer. City staff recommends that a 20 minute parking zone be established for the two spaces to limit use to deliveries and drop offs. Section 6-1-1-1 of the City Code provides for establishment of parking zones by City Council resolution. A resolution establishing the proposed parking zone will be considered concurrently with an application for final plat. Private Drive/Off-Street Parking. The private drive accessing the proposed detached townhouse dwellings is encompassed within Outlot A and connected to the existing private drive to the north of the subject property at an existing stub. The proposed private drive is to be 24 feet in width to allow for two way traffic with an additional eight feet to the west side to allow for parking spaces with concrete curb and gutter. The seven off-street parking spaces along the private drive satisfy the guest parking requirements for the proposed detached townhouses. The off-street parking area within Outlot B is accessed from Brandtjen Farm Drive on the west and connected to the proposed private drive within Outlot A to the east. The site plan illustrates the ability to construct a total of 78 parking spaces within Outlot B, with 28 spaces planned for future construction if needed. The existing uses within the Farmstead Preservation Area are required to provide 106 off-street parking spaces. There are 65 existing off-street parking spaces within the off-street parking area and will be 115 spaces with construction of the initial spaces proposed within Outlot B. The supply of off-street parking for the non-residential uses within the Farmstead Preservation Area complies with the requirements of the Zoning Ordinance. The off-street parking area is setback a minimum of 20 feet from public rights-of-way. The dimensions of the off-street parking area is designed with parking stalls that are nine feet wide by 20 feet deep and accessed by drive aisles that are a minimum of 24 feet in width. The off-street parking area is surrounded by perimeter concrete curb. The location and dimensions of the off-street parking area complies with the requirements of the Zoning Ordinance. All private drive and off-street parking section designs are to be subject to review and approval of the City Engineer Sidewalks/Trails. There is an existing five-foot wide sidewalk abutting the subject site Brandtjen Farm Drive and Draft Horse Boulevard and a 10-foot wide trail along 170th Street. There is also a five-foot wide sidewalk along the north line of the subject property adjacent to the off-street parking area and private drive to the north. The site plan includes construction of a five-foot wide concrete sidewalk between Lots 4 and 5, Block 1 connecting Draft Horse Boulevard and the private drive within Outlot A and a sidewalk between the private drive within Outlot A to the sidewalk east of the riding arena building connected to the off-street parking area within Outlot B. These sidewalks must be overlaid by easement to allow public access as part of the overall pedestrian system within Spirit of Brandtjen Farm. Landscaping. A landscape plan has been submitted for the proposed development. There are existing trees in the median of Draft Horse Boulevard and the east boulevard of the street adjacent to the single family homes to the east. The landscape plan provides for planting of additional street trees in the west boulevard of Draft Horse Boulevard and a landscape buffer yards abutting 170th Street consistent with Page 292 of 362 6 previous phases of SBF. There is also a row of shade trees along the west side of the private drive separating the real estate office and proposed detached townhomes. The landscape plan is to be subject to review and approval of the City Forester. Easements. Existing drainage and utility easements dedicated over the subject property with the Spirit of Brandtjen Farm or Spirit of Brandtjen Farm Office Addition final plats are to be vacated with the current subdivision application as they will no longer serve a public purpose upon approval of a final plat for the proposed development. The City Council will hold a public hearing to consider vacation of the existing drainage and utility easements concurrent with review of the proposed development. Section 10-4-4 of the Subdivision Ordinance requires 10-foot wide drainage and utility easements at the perimeter of all lots within the preliminary plat. Lot 8, Block 1, which is the detached townhouse base lot, is overlaid entirely by drainage and utility easement. The preliminary plat must be revised to designate perimeter drainage and utility easements at the perimeter of Lot 1, Block 2 as required by the Subdivision Ordinance. A drainage and utility easement is shown along a portion of the north line and the west line of Outlot B. Drainage and utility easements are also required over any inground utilities or stormwater management areas. All drainage and utility easements are subject to review and approval of the City Engineer. Park Dedication. Land within Spirit of Brandtjen Farm to be acquired by the City as public parks or open space or retained by the Spirit of Brandtjen Farm as either private or publicly accessible, privately maintained open space is designated on the SBF Master Land Use Plan. The SBF PUD Booklet does not identify acquisition of public open space or development of additional private or publicly accessible, privately maintained open space within the Farmstead Preservation Area. As such, the preliminary plat does not include dedication of land to the City for public parks. Park dedication requirements will be determined at the time of final plat approval, and if required, and satisfied by payment of the specific cash fee in lieu of land established by the provisions of the SBF Master PUD Agreement. Storm Water Management. The submitted plans include grading, drainage, and erosion control plans. All grading plans are subject to review and approval by the City Engineer. Utilities. The subject site is included within the current MUSA. Plans have been submitted for connection of sanitary sewer and water utilities to serve the proposed detached townhouses. All utility plans are subject to review and approval of the City Engineer. Outlots. The preliminary plat includes two outlots encompassing the proposed private drive and off-street parking area with the proposed ownership of each outlot identified below. Ingress and egress easements will be required to be established over the outlots to allow for access and circulation. Outlots Purpose Ownership A Private drive SBF 25th Add. sub-HOA B Off-Street Parking Developer Homeowners Association. Documents including Spirit of Brandtjen Farm 25th Addition as part of the Spirit of Brandtjen Farm Master Homeowners Association are required. A separate homeowners association must also be established for ownership and maintenance of Lots 1-8, Block 1 and Outlot A within the Page 293 of 362 7 preliminary plat. All homeowners association documents are subject to review and approval by the City Attorney and must be recorded prior to the issuance of building permits. Development Contract. The Subdivision Ordinance requires the developer to provide construction and warranty securities for the public improvements within the final plat that are to be outlined within a development contract. The development contract will also memorialize the PUD Development Stage Plan approvals. The development contract will be drafted by the City Attorney and is to be executed by the applicant prior to City Council consideration of the final plat. Neighborhood Meeting. The developer hosted a neighborhood meeting on 11 March 2025 at the Spirit of Brandtjen Farm barn to provide information and answer questions about the proposed development. There were approximately 40 residents of Spirit of Brandtjen Farm present along with Tradition Development and City representatives. Residents’ questions included how the proposed dwellings would be incorporated into the SBF Master Association; traffic and access; site design, architecture and setbacks; and the start, duration, and construction hours. Tradition Development addressed questions as to why they are proposing townhomes versus additional recreation amenities or open space, noting that what is proposed is much less intensive than what can be allowed under the PUD District and SBF PUD Booklet. City staff addressed the history of planning for Spirit of Brandtjen Farm, including responding to questions about traffic impacts from the proposed development to Draft Horse Boulevard. RECOMMENDATION The proposed Spirit of Brandtjen Farms 25th Addition is consistent with the PUD District, SBF Master Land Use Plan, and Farmstead Preservation Area guidelines. The proposed preliminary plat also complies with the Subdivision Ordinance. Our office and City staff recommend approval of the requested applications, subject to the following stipulations: 1. The site plan and preliminary plat shall comply with the following setback requirements: Detached Townhomes 170th Street 50ft. Draft Horse Boulevard Building 15ft. Garage Door NA Side-Corner Building 15ft. Rear Building NA Garage Door 25ft. Between Buildings 15ft. Lot 1, Block 2 None Off-Street Parking Public Right-of-Way 15ft. 2. Construction plans for a parking lane on Draft Horse Boulevard shall be subject to review of the City Engineer. 3. All private drive and off-street parking section designs and construction plans shall be subject to review and approval of the City Engineer. Page 294 of 362 8 4. A parking zone limiting of the parking spaces on Draft Horse Boulevard to 20 minutes shall be established by City Council resolution at the time of final plat approval. 5. Public access easements shall be dedicated over the sidewalks within Lot 8, Block 1, Outlot A, and Outlot B. 6. The landscape plan shall be to be subject to review and approval of the City Forester. 8. The preliminary plat shall be revised to provide for dedication of drainage and utility easements at the perimeter of Lot 1, Block 2; all drainage and utility easements are subject to review and approval of the City Engineer. 9. All grading, drainage, and erosion control plans shall be subject to review and approval by the City Engineer. 10. All utility plans are subject to review and approval by the City Engineer. 11. Outlot A shall be deeded to the Spirit of Brandtjen Farm 25th Addition sub-homeowner’s association for ownership and maintenance. 12. Park dedication requirements shall be satisfied as a cash fee in lieu of land as provided for by the SBF Master Development Agreement at the time of final plat approval, if required. 13. Homeowners Association documents for Spirit of Brandtjen Farm 25th Addition including the plat within the SBF Master Association and establishing a sub-association for ownership and maintenance of Lot 8, Block 1 and Outlot A shall be subject to review and approval by the City Attorney and must be recorded prior to the issuance of building permits. 14. The developer shall execute a development contract with the City as drafted by City Attorney and subject to approval of the City Council concurrent with final plat approval. c. Justin Miller, City Administrator Zach Johnson, City Engineer Joe Masiarchin, Parks and Recreation Director Andrea McDowell Poehler, City Attorney Page 295 of 362 City of Lakeville Public Works – Engineering Division Memorandum To: Kris Jenson, Planning Manager From: Jon Nelson, Assistant City Engineer McKenzie L. Cafferty, Environmental Resources Manager Joe Masiarchin, Parks and Recreation Director Copy: Zach Johnson, City Engineer Julie Stahl, Finance Director Dave Mathews, Building Official Tina Goodroad, Community Development Director Date: March 13, 2025 Subject: Spirit of Brandtjen Farm 25th Addition • Preliminary Plat Review • Preliminary Grading and Erosion Control Plan Review • Preliminary Tree Preservation Review • Preliminary Utility Plan Review BBAACCKKGGRROOUUNNDD Tradition Development has submitted a preliminary plat application for a development to be known as Spirit of Brandtjen Farm 25th Addition. The proposed subdivision is located north of and adjacent to 170th Street, west of and adjacent to Draft Horse Boulevard, south of, east of and adjacent to Brandtjen Drive. The parent parcel consists of two platted lots (PID No. 227130021010 and 227136001020) zoned PUD, Planned Unit Development District. The preliminary plat consists of seven (7) townhome lots, one (1) common area lot, one (1) office space lot, and two (2) outlots on 2.44 acres. The outlots created with the preliminary plat shall have the following use: Outlot A: Private Driveway; to be retained by the developer (0.27 acres) Outlot B: Parking Lot; to be retained by the developer (0.94 acres) The proposed development will be completed by: Developer: Tradition Development Engineer/Surveyor: James R. Hill, Inc. Page 296 of 362 SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 2255TTHH AADDDDIITTIIOONN PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1133,, 22002255 PPAAGGEE 22 OOFF 44 SSIITTEE CCOONNDDIITTIIOONNSS The Spirit of Brandtjen Farm 25th Addition site consists of an existing office building, gravel parking lot, and community garden constructed as part of the Planned Urban Development of Spirit of Brandtjen Farm Addition and Spirit of Brandtjen Farm Office Addition. The south end of the site generally drains north to south and the north end of the site generally drains south to north. There is a property access on the west end and north end of the site. EEAASSEEMMEENNTTSS The existing drainage and utility easements on the parent parcels will be vacated in conjunction with the preliminary plat and reestablished with the final plat. Prior to recording of the final plat: • Outlot A and Outlot B shall be removed and shown as lots and blocks. SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOO NN LLAAYYOO UUTT Private Drives Development of Spirit of Brandtjen Farm 25th Addition includes the construction of a privately owned and maintained roadway providing access to townhome lots. The Developer is dedicating a drainage and utility easement over the private roadway. The City shall not be responsible for any repairs (including cost) to the private roadway due to maintenance within the easement area. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and street construction will be from Brandtjen Farm Drive. PPAARRKKSS,, TTRRAAIILLSS,, AANNDD SSII DDEEWWAALLKKSS The Park Dedication requirement has been collected on the parent parcels with the final plat of Spirit of Brandtjen Farm 1st Addition. UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Spirit of Brandtjen Farm 25th Addition is located within subdistricts NC-20070 of the North Creek sanitary sewer district, as identified in the City’s Comprehensive Sewer Plan. Wastewater will be conveyed through sanitary sewer to the northern trunk monitored by meter M643A and continue to the Empire plant. Page 297 of 362 SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 2255TTHH AADDDDIITTIIOONN PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1133,, 22002255 PPAAGGEE 33 OOFF 44 Spirit of Brandtjen Farm 25th Addition includes the extension of privately owned and maintained sanitary sewer. 8-inch sanitary sewer will be constructed within the development and connect to the existing sanitary sewer stub at Draft Horse Boulevard. The Sanitary Sewer Availability Charge has been collected on the parent parcels with the final plat of Spirit of Brandtjen Farm 1st Addition. WWAATTEERRMMAAIINN Development of Spirit of Brandtjen Farm 25th Addition includes the construction of privately owned and maintained watermain. 8-inch watermain will be constructed within the development and connect to the existing watermain stub at Brandtjen Farm Drive. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Spirit of Brandtjen Farm 25th Addition is located within subdistrict NCL 80a-11P of the North Creek stormwater district, as identified in the City’s Water Resources Management Plan. Development of Spirit of Brandtjen Farm 25th Addition utilizes an existing stormwater management basin network constructed with previous additions of Spirit of Brandtjen Farm to collect and treat the stormwater runoff generated from the site. The stormwater management design is consistent with City ordinance requirements. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Spirit of Brandtjen Farm 25th Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. SSTTOORRMM SSEEWWEERR Development of Spirit of Brandtjen Farm 25th Addition includes the construction of privately owned and maintained storm sewer systems. Private storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the private lots to the stormwater management basin system located within previous Spirit of Brandtjen Farm Additions. Draintile construction is required in areas of non-granular soils within Spirit of Brandtjen Farm 25th Addition for the street sub-cuts and lots. Any additional draintile construction, including Page 298 of 362 SSPPIIRRIITT OOFF BBRRAANNDDTTJJEENN FFAARRMM 2255TTHH AADDDDIITTIIOONN PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1133,, 22002255 PPAAGGEE 44 OOFF 44 perimeter draintile required for building footings, which is deemed necessary during construction shall be the developer’s responsibility to install and finance. The Storm Sewer Charge has been collected on the parent parcels with the final plat of Spirit of Brandtjen Farm 1st Addition. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. FEMA FLOODPLAIN ANALYSIS Marketplace at Cedar is shown on the Flood Insurance Rate Map (Map No. 27037C0208E; Eff. Date 12/2/2011) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS There are no wetlands within the Spirit of Brandtjen Farm 25th Addition preliminary plat. TTRREEEE PPRREESSEERRVVAATT IIOONN Trees are identified in the removal plan at Spirit of Brandtjen Farm 25th Addition. The trees shall be identified in accordance with City Ordinance tree preservation requirement prior to recording of the final plat. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per the Lakeville Subdivision Ordinance. Significant trees, as identified in the Lakeville Subdivision Ordinance, shall be protected and preserved through termination of all grading and construction activities. EERROOSSIIOONN CCOO NNTTRROOLL The Developer is responsible for obtaining a MPCA Construction Permit for the site as well as developing a SWPPP for the site prior to construction. Changes made throughout construction must be documented in the SWPPP. No grading can take place on the site until a complete SWPPP is submitted to the City for review and approval. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the developer. RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the preliminary plat, grading and erosion control plan, tree preservation, and utility plan for Spirit of Brandtjen Farm 25th Addition, subject to the requirements and stipulations within this report. Page 299 of 362 Dakota County, Maxar, Microsoft 170TH ST ± DRAFT HORSE BLVD 169TH ST Proposed 25th Add. plat area City of Lakeville Spirit of Brandtjen Farm 25th Add. Pre Plat Site Location Map EXHIBIT A DRAPER WAY DYNAMI C DR Page 300 of 362 EXHIBIT BPage 301 of 362 EXHIBIT CPage 302 of 362 EXHIBIT DPage 303 of 362 Know what'sbelow.before you dig.CallREXHIBIT EPage 304 of 362 EEXHIBIT F Page 305 of 362 REMOVE & RELOCATEUTILITY BOXREMOVE PIPEAND CAP WATERSERVICE AT MAINREMOVE / SALVAGE 23,777 SF OF EXCL 5 GRAVELREMOVE EXHYDRANT,GV AND 17 LF PIPEREMOVE 707 LF OF EXDECORATION FENCEEXISTING FIBEROPTIC PER OWNER(VERIFY LOCATIONAND ELEVATION PRIORDEMOLITION)REMOVE / ADJUSTEX LANDSCAPEAS NEEDEDREMOVE 23 LF PIPEAND PLUG SANITARYPIPEREMOVE 72 LF CURBAND GUTTERREMOVE 195 SFSIDEWALKREMOVE 624 SFPAVEMENT AND 44 LFCURB & GUTTERREMOVE & RELOCATELIGHT POLE.EX TREE TO BERELOCATED(SEE LANDSCAPE PLANREMOVE 372 SFPAVEMENTKnow what'sbelow.before you dig.CallREXHIBIT GPage 306 of 362 Lot 1, Block 21, SPIRIT OF BRANDTJEN FARM, Dakota County, Minnesota. and Lot 2, Block 1, SPIRIT OF BRANDTJEN FARM OFFICE ADDITION, Dakota County, Minnesota. PROPERTY DESCRIPTION 2999 WEST C.R. 42, SUITE 100, BURNSVILLE, MN 55306PHONE: 952.890.6044 www.jrhinc.comPLANNERS / ENGINEERS / SURVEYORSSPIRIT OF BRANDTJEN FARM 25TH ADDITIONLAKEVILLE, MINNESOTAPRELIMINARY PLATFORSBF DEVELOPMENT CORPORATION16972 BRANDTJEN FARM DRIVE, LAKEVILLE, MN 55044DRAWN BY DATE REVISIONS PLM 11/22/2024 CAD FILE 20662-66pp.dwg PROJECT NO. 20662-66 C2.0James R. Hill, Inc.EXHIBIT H Page 307 of 362 SB-1EXHIBIT IPage 308 of 362 SB-1EXHIBIT JPage 309 of 362 EXHIBIT K Page 310 of 362 Page 311 of 362 April 7, 2025 Item No. Resolution Adopting Assessments for Unpaid Special Charges Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Adopting Assessments for the Unpaid Special Charges. Overview The City can minimize its losses due to bankruptcies by assessing unpaid special charges to taxes. These charges include costs and charges incurred by the City for mowing of grass, removal of weeds, property maintenance on nuisance properties, false alarm charges, unpaid utility bills and tree removal charges. In order to recover the unpaid special charges the City must follow State Statute procedures. Those procedures provide that the City must adopt a resolution declaring the unpaid special charges to be assessed and establish a date for the assessment hearing for those charges. Public notice of the hearing was mailed to customers, posted on the City website and published in the newspaper. Delinquent Utility Bills In addition to certifying the amount delinquent, the City also collects a $50 service charge to cover the cost of certification and interest at a rate of 18% per annum of the amount delinquent plus the service charge for the period of April 7, 2025 until December 31, 2026. The interest rate is the same as what we charge delinquent utilities throughout the year (1.5% per month). The certification process affects less than one percent (1%) of the Lakeville utility customers. Nuisance Abatement & Unpaid False Alarm Charges The affected parcels will each be assessed the actual contractual cost incurred, re-inspection fees, a $50 administrative fee to cover the cost of the assessment, and interest at a rate of 18% per annum of the amount delinquent plus the service charge for the period April 7, 2025 until December 31, 2026. Tree Removal Charges The affected parcels will each be assessed the actual contractual cost incurred, a $50 administrative fee to cover the cost of the assessment, and interest at a rate of 4.3% per annum of the amount delinquent plus the service charge based on the term stated below. Term Assessment Amount 1 year $0 - $1,000 3 years $1,001 - $2,999 5 years $3,000 - $4,999 7 years Over $5,000 Background and notification process for accounts being certified According to City Attorney Andrea Poehler, “If water service is provided to property and the property is subsequently sold or otherwise transferred, the new owner does not have a personal obligation to pay the bill unless the City and owner have a separate services contract. Unpaid water bills, however, are a lien on the property to which the service was provided. If the property is sold or the ownership transferred, the lien remains.” Page 312 of 362 At the time the City provides water service to a property the City has an enforceable lien on the property for the cost of the water provided. Minnesota Statutes, Section 514.67 provides: “All charges…of any nature now or hereafter authorized or required by law…shall constitute and be a first and prior lien from the date of such…service upon all property in this state subject to taxation as the property of the person from whom such charges and expenses are by law authorized or required to be collected. No record of such lien shall be deemed necessary.” The statute’s validity as applied to unpaid utility charges has been upheld in Re Sheldahl, Inc. 298 B.R. 874 (Bankr. D. Minn. 2003). Minnesota Statute, Section 444.075, Subd. 3 further provides: “The governing body may make the charge a charge against the owner, lessee, occupant, or all of them and may provide and covenant for certifying unpaid charges to the county auditor with taxes against the property served for collection as other taxes are collected.” City Code Section 7-5-6-4 also authorizes the City Council to certify unpaid charges to taxes. Unpaid utility charges, special assessments and real estate taxes are all liens against the property. The liens and their enforceability are not impaired by the transfer of ownership. In October 2019 the City Council amended Ordinance Title 8 of the City Code to allow the City to assess any unpaid false alarm charges to the property. Current and previous property owners have been notified via letter of the delinquency and certification process. Comparison Data The following chart shows the number of accounts and amounts that were presented to the Council at this point in the certification process last year as compared to this year: Payments received prior to the hearing as well as within the 30 days following the hearing when interest is not charged will be removed from the final certification list that is sent to Dakota County. Supporting Information •Resolution Adopting the Assessments for Unpaid Special Charges •Exhibit A: Assessment Summary – Delinquent Utilities •Exhibit B: Assessment Summary – Nuisance Abatement •Exhibit C: Assessment Summary - Unpaid False Alarm Fees •Exhibit D: Assessment Summary – Tree Removal Financial Impact: $ Budgeted: Y☐ N☒ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Cheri Donovan Assistant Finance Director Qty Amount Q ty Amount Qty Amount Delinquent Utilities 27 5,585.53 29 8,320.55 45 9,057.10 Nuisance Abatement 10 2,665.61 19 5,686.51 4 1,055.63 False Alarm 7 733.41 2 1,097.50 7 966.84 Tree Removal 0 -3 6,853.91 1 1,550.00 Totals 8,984.55 21,958.47 12,629.57 2023 2024 2025 12,629.57 Various N/A Page 313 of 362 CITY OF LAKEVILLE RESOLUTION No______ Resolution Adopting Assessments for Unpaid Special Charges WHEREAS, Minn. Stat. 444.075, Subd. 3 authorizes the City to certify unpaid sanitary sewer, water and storm sewer charges (“utility charges”) to the County Auditor-Treasurer for collection with taxes; and WHEREAS, Minn. Stat, 429.101 authorizes the City to special assess unpaid street light charges, weed elimination from streets or private property and tree removal charges (“special charges”); and WHEREAS, Title 8-5-4 of the City Ordinance authorizes the City to special assess unpaid emergency service charges (“special charges”) to the County Auditor-Treasurer for collection with taxes; and WHEREAS, an assessment roll has been prepared specifying the amount, which includes all penalties to be certified against each particular property; and WHEREAS, the resolution setting general government services, states “Accounts certified to the County Treasurer-Auditor for collection with the subsequent year’s taxes will be charged a $50.00 service charge plus 18% interest per year for delinquent utility bills, nuisance abatement for properties and unpaid false alarm charges. A $50.00 service charge plus 4.3% interest per year based on the term stated below will be charged for tree removal charges.” NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville: 1. Assessment No. 221437 in the amount of $9,057.10 relating to the certification of delinquent utility bills is calculated as follows: Total uncollected amount delinquent 4,602.41$ Service charge 2,300.00$ Interest 2,154.69$ Total ce rtifie d 9,057.10$ 2. Assessment No. 221438 in the amount of $2,022.47 relating to the nuisance abatement for properties and unpaid false alarm charges, and Assessment No. 221439 (3-year term) in the amount of $1,550.00 for tree removal charges calculated as follows: Page 314 of 362 Exhibit B Exhibit C Exhibit D Totals False alarm fees -$ 386.83$ -$ 386.83$ Inspection fees 604.50 --604.50 Tree removal fees --1,500.00 1,500.00 Service charge/late fees 200.00 350.00 50.00 600.00 Interest 251.13 230.01 -481.14 Total ce rtifie d 1,055.63$966.84$ 1,550.00$3,572.47$ The proposed assessments (Exhibit A, Exhibit B, Exhibit C, Exhibit D), copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute a special assessment against the lands named therein. The amounts certified in Exhibit A, Exhibit B, Exhibit C shall bear interest from the date of this resolution until December 31, 2026 at the rate of eighteen percent (18%) per annum plus a service charge. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay to the City Treasurer the whole of the assessment on such property including the administration charge, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before December 31, 2025, or interest will be charged through December 31 of the succeeding year. The amount certified in Exhibit D shall bear interest from the date of this resolution based on the term stated below at the rate of 4.3% per annum plus a service charge. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay to the City Treasurer the whole of the assessment on such property including the administration charge, with interest accrued to the date of payment, except that no interest shall be charged if the entire assessment is paid within thirty (30) days from the adoption of this resolution; and he or she may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before December 31, 2025, or interest will be charged through December 31 of the succeeding year. Term Assessment Amount 1 year $0 - $1,000 3 years $1,001 - $2,999 5 years $3,000 - $4,999 7 years Over $5,000 A copy of this resolution, together with the assessment roll, is to be forwarded to the Dakota County Treasurer/Auditor for collection with other taxes. Page 315 of 362 ADOPTED by the Lakeville City Council this 7th day of April 2025. CITY OF LAKEVILLE By: ________________________________ Luke M. Hellier, Mayor ATTEST: ________________________________ Ann Orlofsky, City Clerk Page 316 of 362 NAME SERVICE ADDRESS ACCOUNT STATUS TAX ROLL NUMBER CERTIFICATION BALANCE SERVICE CHARGE FEE 18% ANNUAL INTEREST TOTAL ASSESSMENT VENKATA JAGARLAMUDI 7071 181ST ST W Finalled 22-30180-01-180 10.48$ 50.00$ 18.88$ 79.36$ TIM SADUSKY 20845 HOLIDAY AVE Finalled 22-88300-02-030 13.29$ 50.00$ 19.76$ 83.05$ RANJITH KUMAR SURESH 17088 DYSART PL Finalled 22-15100-01-590 14.97$ 50.00$ 20.28$ 85.25$ FLASH 3 LLC 18355 KERRVILLE TR Finalled 22-58505-07-316 17.21$ 50.00$ 20.98$ 88.19$ ASHLEY CANTIN 16391 HYLAND AVE Finalled 22-34600-03-020 17.96$ 50.00$ 21.21$ 89.17$ JODI COSSITT 16402 GRINNELL AVE Finalled 22-17002-02-150 20.42$ 50.00$ 21.98$ 92.40$ US BANK NATIONAL ASSOCIATION 11736 177TH ST W Finalled 22-44326-05-020 24.58$ 50.00$ 23.28$ 97.86$ CHARLES BORRELL 21232 INDEPENDENCE AVE Finalled 22-84100-02-160 29.57$ 50.00$ 24.84$ 104.41$ KELLY CARPENTER 8280 172ND ST W Finalled 22-84600-04-130 30.76$ 50.00$ 25.21$ 105.97$ RIAZ ISLAM 6892 175TH ST W Finalled 22-18304-05-010 31.30$ 50.00$ 25.38$ 106.68$ MADHUMITHA THULASIRAM 17926 GIANTS WAY Finalled 22-18090-01-600 32.95$ 50.00$ 25.89$ 108.84$ SARAH LEMNA 20898 IXONIA AVE Finalled 22-17750-02-070 32.97$ 50.00$ 25.90$ 108.87$ Timeless Homes LLC 17959 GRESFORD LA Finalled 22-73370-06-080 35.50$ 50.00$ 26.69$ 112.19$ MSR MSP LLC 6298 175TH ST W Finalled 22-20877-04-030 35.65$ 50.00$ 26.74$ 112.39$ JESSICA GRIMES 7384 203RD ST W Finalled 22-16715-05-030 36.23$ 50.00$ 26.92$ 113.15$ FAITH WEST 18069 Green Gables Tr Finalled 22-12010-10-030 37.31$ 50.00$ 27.26$ 114.57$ SENTHIL NATARAJAN 17082 DYSART PL Finalled 22-15100-01-560 38.95$ 50.00$ 27.77$ 116.72$ FRANCK GAUDIN 17156 EASTWOOD AVE Finalled 22-44078-15-152 41.48$ 50.00$ 28.56$ 120.04$ JERRY CRISSMAN 20775 HOLIDAY AVE Finalled 22-66000-02-050 43.23$ 50.00$ 29.10$ 122.33$ FIRSTLINE FAMILY HOLDING CO LLC 20842 ISLE AVE Finalled 22-17750-05-030 43.50$ 50.00$ 29.19$ 122.69$ BILL CLASEN 17785 ITEN CT N Finalled 22-19403-02-090 51.19$ 50.00$ 31.59$ 132.78$ SERGE SKOCHKO 6588 FOLSOM PATH Finalled 22-38125-01-070 53.20$ 50.00$ 32.22$ 135.42$ MANDI THILL 6732 FOLIAGE CT Finalled 22-51350-01-440 54.54$ 50.00$ 32.63$ 137.17$ KATIE FOSTER 18122 Glassfern La Finalled 22-12010-21-050 56.42$ 50.00$ 33.22$ 139.64$ ALAN VOGEN 8159 190TH ST W Finalled 22-01600-62-012 59.16$ 50.00$ 34.08$ 143.24$ DAN WELCH 16199 FLAGSTAFF CT S Finalled 22-51351-01-460 59.23$ 50.00$ 34.10$ 143.33$ RACHEL JENSON 1011 157TH ST E Finalled 22-45801-04-100 60.90$ 50.00$ 34.62$ 145.52$ KARISHMA RATHI 17896 GLASGOW WAY Finalled 22-18607-02-020 72.32$ 50.00$ 38.18$ 160.50$ DINAKAR AKUNURI 7384 203RD ST W Finalled 22-16715-05-030 75.54$ 50.00$ 39.19$ 164.73$ ANDREW R SHAFFER 19169 JEWEL PATH Finalled 22-44100-08-040 78.22$ 50.00$ 40.03$ 168.25$ JEFFREY WU 19183 ITTABENA WAY Finalled 22-75826-01-090 79.30$ 50.00$ 40.36$ 169.66$ ROBIN FONTAINE 18975 INLET RD Finalled 22-16950-02-260 83.89$ 50.00$ 41.80$ 175.69$ ASHLEY FISCHER 5245 173RD ST W Finalled 22-44078-15-175 89.04$ 50.00$ 43.40$ 182.44$ SAREP SDOEUND BAGGOTT 18052 HARLOW PATH Finalled 22-12013-03-030 122.69$ 50.00$ 53.91$ 226.60$ CITY OF LAKEVILLE ASSESSMENT SUMMARY - DELINQUENT UTILITIES APRIL 7, 2025 EXHIBIT A Page 317 of 362 SIVAKUMAR PANDIAN 8068 187TH ST W Finalled 22-12014-06-050 129.94$ 50.00$ 56.17$ 236.11$ DON NELSON 21232 INDEPENDENCE AVE Finalled 22-84100-02-160 139.77$ 50.00$ 59.24$ 249.01$ MARGARITA VARELA 6892 175TH ST W Finalled 22-18304-05-010 142.98$ 50.00$ 60.24$ 253.22$ TARA HELM 17753 Everest Ave Finalled 22-42276-01-270 145.23$ 50.00$ 60.94$ 256.17$ RYAN PROPERTY MANAGEMENT, LLC 16235 FINCH WAY Finalled 22-21177-19-280 170.32$ 50.00$ 68.78$ 289.10$ MELINDA PARROTT 9390 176TH ST W Finalled 22-19406-02-020 178.13$ 50.00$ 71.21$ 299.34$ ERIC OXFORD 16920 KENMORE DR Finalled 22-37951-01-050 185.07$ 50.00$ 73.38$ 308.45$ LYNSE PAASCH 17425 FONTANA PATH Finalled 22-18301-04-110 205.68$ 50.00$ 79.81$ 335.49$ VIREACK LONG 19280 INDORA TR Finalled 22-73353-01-010 215.33$ 50.00$ 82.83$ 348.16$ RAMANA TADI 18363 Greenstone Way Finalled 22-12013-11-080 263.70$ 50.00$ 97.93$ 411.63$ JAMES STAPLETON 5886 Upper 179th St W Finalled 22-42277-03-080 307.12$ 50.00$ 111.48$ 468.60$ ABDI NOOR IGAL 5721 UPPER 179TH ST W Finalled 22-42275-03-120 935.19$ 50.00$ 307.54$ 1,292.73$ Totals 4,602.41$ 2,300.00$ 2,154.69$ 9,057.10$ Page 318 of 362 PID #INVOICE DATES SERV NAME/OWNER NAME SERVICE ADDRESS DESCRIPTION INSPECTION FEE(S) INVOICE LATE FEES TOTAL ADMIN FEE TOTAL FEES INTEREST THRU 2026 TOTAL AMOUNT TO BE CERTIFIED 22-88300-02-040 7/3/2024 DANA W. DEBORAH MCELWAIN 20855 HOLIDAY AVE REINSPECTION FEE 200.00$ 3.00$ 203.00$ 50.00$ 253.00$ 78.98$ 331.98$ 22-27601-06-090 8/26/2024 & 10/29/2024 JAY A BARTA 7536 165TH ST W REINSPECTION FEE 200.00$ 1.50$ 201.50$ 50.00$ 251.50$ 78.51$ 330.01$ 22-59500-02-050 12/9/2024 BONNIE M MECHURA 17091 FAIRHILL AVE REINSPECTION FEE 100.00$ -$ 100.00$ 50.00$ 150.00$ 46.82$ 196.82$ 22-18595-01-040 12/11/2024 TWIN FARM INVETMENTS LLC 16795 ILLINOIS AVE REINSPECTION FEE 100.00$ -$ 100.00$ 50.00$ 150.00$ 46.82$ 196.82$ Totals 600.00$ 4.50$ 604.50$ 200.00$ 804.50$ 251.13$ 1,055.63$ CITY OF LAKEVILLE ASSESSMENT SUMMARY- NUISANCE ABATEMENT APRIL 7, 2025 EXHIBIT B Page 319 of 362 PID #INVOICE DATES SERVICE NAME SERVICE ADDRESS DESCRIPTION ALARM CHARGE INVOICE LATE FEES TOTAL ADMIN FEE TOTAL FEES INTEREST THRU 2026 TOTAL AMOUNT TO BE CERTIFIED 22-73370-06-060 6/30/2024 LATANYA DANIELS 17947 GRESFORD LN FALSE ALARM 70.00$ 2.15$ 72.15$ 50.00$ 122.15$ 38.13$ 160.28$ 22-11175-01-011 7/31/2024 FIRESIDE HEARTH & HOME 7571 215th St W FALSE ALARM 50.00$ 0.75$ 50.75$ 50.00$ 100.75$ 31.45$ 132.20$ 22-11053-01-091 7/31/2024 CENTRAL SELF STORAGE 21002 HERON WAY FALSE ALARM 35.00$ 0.53$ 35.53$ 50.00$ 85.53$ 26.70$ 112.23$ 22-11101-03-121 7/31/2024 & 8/31/2024 PARKER HANNIFIN 21337 HEMLOCK AVE FALSE ALARM 85.00$ 1.28$ 86.28$ 50.00$ 136.28$ 42.54$ 178.82$ 22-26551-01-010 9/30/2024 FEDEX FREIGHT 9331 217TH ST FALSE ALARM 35.00$ 0.53$ 35.53$ 50.00$ 85.53$ 26.70$ 112.23$ 22-76709-01-010 10/31/2024 & 12/01/2024 PETSUITE LAKEVILLE 18440 ORCHARD TRL FALSE ALARM 70.00$ 1.06$ 71.06$ 50.00$ 121.06$ 37.79$ 158.85$ 22-13717-01-120 12/1/2024 AUGUSTIN, KATELYN & NICHOLAS 19655 HARBOR DR FALSE ALARM 35.00$ 0.53$ 35.53$ 50.00$ 85.53$ 26.70$ 112.23$ 380.00$ 6.83$ 386.83$ 350.00$ 736.83$ 230.01$ 966.84$ CITY OF LAKEVILLE ASSESSMENT SUMMARY- FALSE ALARMS APRIL 7, 2025 EXHIBIT C Page 320 of 362 PID #INVOICE DATES SERVICE NAME SERVICE ADDRESS DESCRIPTION TREE REMOVAL CHARGE INVOICE LATE FEES TOTAL ADMIN FEE TOTAL FEES TOTAL AMOUNT TO BE CERTIFIED TERM 22-11885-01-010 9/30/2024 FOURCROWN INC 17610 KENRICK AVE TREE REMOVAL $1,500.00 $0.00 $1,500.00 $50.00 $1,550.00 $1,550.00 2 years 1,500.00$ $0.00 1,500.00$ 50.00$ 1,550.00$ 1,550.00$ CITY OF LAKEVILLE ASSESSMENT SUMMARY- TREE REMOVAL CHARGES APRIL 7, 2025 EXHIBIT D Page 321 of 362 Date: 4/7/2025 Lord of Life Townhomes Preliminary Plat, Variance, and Easement Vacation Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the preliminary plat of Lord of Life Townhomes, 2) a variance for cul-de-sac length and adoption of the findings of fact and 3) resolution vacating drainage and utility easements. Overview Representatives of Frisbie Properties, LLC have submitted a preliminary plat application and plans for Lord of Life Townhomes consisting of 24 twin home lots on 5.74 acres located south of Dodd Boulevard and east of Dodd Lane. The City Council approved comprehensive plan and Zoning map amendments on September 16, 2024 and an administrative subdivision was approved in November 2024 to split the land to be included in the preliminary plat from the church property. The Developer also submitted applications to request a variance to allow a cul- de-sac length in excess of 600 feet and for the vacation of public drainage and utility easements. The Planning Commission held a public hearing at their March 20, 2025 meeting. There was no public comment and the Planning Commission unanimously recommended approval. The Parks, Recreation, and Natural Resources Committee unanimously recommended approval of the preliminary plat at their March 19, 2025 meeting. The preliminary plat plans have been reviewed by the Engineering Division and Park and Recreation Department staff. Supporting Information 1. Preliminary Plat Resolution 2. Variance Form & Findings of Fact 3. Vacation Resolution 4. March 20, 2025 Draft Planning Commission minutes 5. March 19, 2025 Draft PRNRC minutes 6. March 11, 2025 Planning and Engineering Reports 7. Exhibits A-C Maps and plat 8. Exhibits D - F Civil Plans 9. Exhibits G - I Civil Plans 10. Exhibits J - K Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Page 322 of 362 Report Completed by: Heather Botten, Senior Planner Page 323 of 362 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 25-____ RESOLUTION APPROVING THE PRELIMINARY PLAT OF LORD OF LIFE TOWNHOMES WHEREAS, Frisbie Properties, LLC has requested approval of the preliminary plat of 24 twinhome lots to be known as LORD OF LIFE TOWNHOMES; legally described in Exhibit A; and WHEREAS, the Planning Commission held a public hearing on the application at its March 20, 2025 meeting, preceded by published and mailed notice as required by the Subdivision Ordinance; and WHEREAS, the Planning Commission recommended approval of the preliminary plat; and WHEREAS, the preliminary plat meets Subdivision Ordinance requirements and is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: The LORD OF LIFE TOWNHOMES preliminary plat is hereby approved subject to the following conditions: 1. The site shall be developed in accordance with the plans approved by the City Council. 2. Outlot A will be deeded to the City with the final plat. 3. The twin home dwellings must demonstrate compliance with Zoning Ordinance requirements of Section 11-57-19 at the time of building permit issuance. 4. The landscape plan shall be revised to identify minimum shrub sizes, not plant pot size. Low growing shrubs shall be 18-24 inches tall and tall growing shrubs shall be 24-36 inches tall as required by Section 11-21-9 of the Zoning Ordinance. The developer shall provide details to verify compliance with the landscape requirements of Section 11-57-19 of the Zoning Ordinance. 5. Park dedication shall be subject to the recommendations of the Parks, Recreation, and Natural Resources Committee to be satisfied at the time of final plat. 6. The Developer shall submit documents establishing a homeowner’s association for ownership of the common lot and maintenance of said common lot and building exteriors. Page 324 of 362 2 The HOA documents must be reviewed and approved by the City Attorney and recorded with Dakota County prior to the issuance of building permits. 7. Implementation of the recommendations and stipulations listed in the engineering report dated March 11, 2025 and any subsequent correspondence. ADOPTED by the Lakeville City Council this 7th day of April, 2025. CITY OF LAKEVILLE By: Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk Page 325 of 362 3 EXHIBIT A That part of Lot 1, Block 1, LORD OF LIFE LUTHERAN CHURCH ADDITION, Dakota County, Minnesota lying southerly of the following described line: Commencing at the southwest corner of said Lot 1; thence North 04 degrees 23 minutes 36 seconds West assumed bearing along the west line of said Lot 1 a distance of 297.77 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 185.96 feet; thence South 00 degrees 34 minutes 10 seconds West a distance of 20.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 217.01 feet; thence North 00 degrees 34 minutes 05 seconds East a distance of 19.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 69.99 feet; thence North 51 degrees 08 minutes 40 seconds East a distance of 45.29 feet; thence North 66 degrees 17 minutes 10 seconds East a distance of 88.60 feet; thence South 82 degrees 50 minutes 13 seconds East a distance of 99.44 feet; thence South 51 degrees 57 minutes 36 seconds East a distance of 97.01 feet; thence South 21 degrees 05 minutes 00 seconds East a distance of 49.68 feet; thence North 83 degrees 29 minutes 36 seconds East a distance of 20.14 feet to the east line of said Lot 1 and said line there terminating. Page 326 of 362 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE NO. 25- ___ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants a variance to allow a cul-de-sac street length in excess of 600 feet in Lord of Life Townhomes. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: Esprit Court, Lord of Life Townhomes 3. Conditions. The variance is issued subject to compliance with the terms and conditions set forth with the approval of the Lord of Life Townhomes preliminary plat. 4. Expiration. If the Lord of Life Townhomes final plat has not been submitted within one year after granting this variance, then the variance shall become null and void unless an extension has been granted by the City Council. Dated: April 7, 2024 Page 327 of 362 2 CITY OF LAKEVILLE BY: ________________________ Luke M. Hellier, Mayor SEAL BY: ________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 7th day of April 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 328 of 362 3 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA LORD OF LIFE TOWNHOMES VARIANCE FINDINGS OF FACT AND DECISION On April 7, 2025 the Lakeville City Council met at its regularly scheduled meeting to consider the application of Frisbie Properties, LLC for a variance to allow a cul-de-sac street length in excess of 600 feet. The Planning Commission conducted a public hearing on the variance application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is located in Comprehensive Planning District 3, which guides the property for low/medium density residential use. 2. The subject site is zoned RST-2, Single and Two-Family Residential District. 3. The legal description of the property is Esprit Court as shown on the preliminary plat of Lord of Life Townhomes, City of Lakeville, Dakota County Minnesota. 4. Chapter 6 of the City of Lakeville Subdivision Ordinance provides that a variance shall not be approved unless failure to grant the variance will result in practical difficulties. The criteria and our findings regarding them are: A. That the variance would be consistent with the Comprehensive Plan. Finding: The 2040 Comprehensive Plan includes a policy to plan, design, and develop a street system that reflects the highest standards and relates land use to transportation needs. The proposed cul-de-sac street exceeding 600 feet in length, is consistent with this policy. B. That the variance would be in harmony with the general purposes and intent of the Subdivision Ordinance. Finding: The proposed length of the cul-de-sac is limited to the minimum extent necessary based on existing physical conditions of the property and requirements for street intersections effecting the design of the subdivision consistent with the intent of the Subdivision Ordinance regulations for cul-de-sac length. Page 329 of 362 4 C. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The request to allow the cul-de-sac length in excess of 600 feet is due to environmental constraints of an existing stormwater basin and a tributary creek that preclude street extensions and connections. D. That the purpose of the variance is not exclusively economic considerations. Finding: The purpose of the variance is not based on economic considerations. E. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. Finding: Approval of the variance will allow for development consistent with the overall character of the neighborhood. F. That the requested variance is the minimum action required to eliminate the practical difficulty. Finding: The requested variance is the minimum deviation from the requirements of the Subdivision Ordinance necessary. 6. The report dated March 11, 2025 prepared by Heather Botten, Senior Planner is hereby incorporated. DECISION The City Council approves the variance in the attached form attached. DATED: April 7, 2025 CITY OF LAKEVILLE By:____________________________ Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk Page 330 of 362 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. 25-______ RESOLUTION VACATING PUBLIC DRAINAGE AND UTILITY EASEMENTS WHEREAS, the Planning Commission has conducted a public hearing, preceded by two (2) weeks published notice, to consider vacating the following described drainage and utility easements; and WHEREAS, the City Council has determined that it is in the public interest to vacate said drainage and utility easements. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The following public drainage and utility easements are hereby vacated: All drainage and utility easements lying over, under and across that part of Lot 1, Block 1, Lord of Life Lutheran Church Addition, Dakota County, Minnesota, as described in Exhibit A. 2. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. DATED this 7th day of April 2025. Page 331 of 362 2 CITY OF LAKEVILLE BY:________________________ Luke M. Hellier, Mayor ATTEST: BY:________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA) ( DAKOTA COUNTY ) I hereby certify that the foregoing Resolution No. 25-___ is a true and correct copy of the resolution presented to and adopted by the City Council of the City of Lakeville at a duly authorized meeting thereof held on the 7th day of April 2025 as shown by the minutes of said meeting in my possession. __________________________ Ann Orlofsky City Clerk Seal Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 332 of 362 3 EXHIBIT A That part of Lot 1, Block 1, LORD OF LIFE LUTHERAN CHURCH ADDITION, Dakota County, Minnesota lying southerly of the following described line: Commencing at the southwest corner of said Lot 1; thence North 04 degrees 23 minutes 36 seconds West assumed bearing along the west line of said Lot 1 a distance of 297.77 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 185.96 feet; thence South 00 degrees 34 minutes 10 seconds West a distance of 20.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 217.01 feet; thence North 00 degrees 34 minutes 05 seconds East a distance of 19.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 69.99 feet; thence North 51 degrees 08 minutes 40 seconds East a distance of 45.29 feet; thence North 66 degrees 17 minutes 10 seconds East a distance of 88.60 feet; thence South 82 degrees 50 minutes 13 seconds East a distance of 99.44 feet; thence South 51 degrees 57 minutes 36 seconds East a distance of 97.01 feet; thence South 21 degrees 05 minutes 00 seconds East a distance of 49.68 feet; thence North 83 degrees 29 minutes 36 seconds East a distance of 20.14 feet to the east line of said Lot 1 and said line there terminating. Page 333 of 362 Planning Commission Meeting Minutes, March 20, 2025 Page 3 8. All grading, drainage, and erosion control plans shall be subject to review and approval by the City Engineer. 9. All utility plans are subject to review and approval by the City Engineer. 10. Outlot A shall be deeded to the Spirit of Brandtjen Farm 25th Addition sub-homeowner’s association for ownership and maintenance 11. Park dedication requirements shall be satisfied as a cash fee in lieu of land as provided for by the SBF master Development Agreement at the time of final plat approval, if required. 12. Homeowners Association documents for Spirit of Brandtjen Farm 25th Addition including the plat within the SBF Master Association and establishing a sub-association for ownership and maintenance of Lot 8, Block 1 and Outlot A shall be subject to review and approval by the City Attorney and must be recorded prior to the issuance of building permits. 13. The developer shall execute a development contract with the City as drafted by City Attorney and subject to approval of the City Council concurrent with final plat approval. Ayes: Tinsley, Kaluza, Majorowicz, Zimmer, Einck, Swenson, Traffas Nays: 0 6. Lord of Life Townhomes Chair Majorowicz opened the public hearing to consider the applications of Frisbie Properties, LLC/Lord of Life Townhomes for a preliminary plat for 24 twin home lots and one common area lot to be known as Lord of Life Townhomes, a variance for cul-de-sac street length, and vacation and re-dedication of certain public drainage and utility easements. The parcel to be developed is located east of Dodd Lane and south of Lord of Life Church, located at 16200 Dodd Lane. Matt Frisbie introduced the project. Senior Planner Heather Botten presented the staff report. Chair Majorowicz opened the hearing to the public for comment. There was no public comment. Motion was made by Zimmer, seconded by Swenson to close the public hearing at 6:19 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Majorowicz asked for comments from the Planning Commission. • Commissioner Zimmer asked if there were any areas of water. Mr. Frisbie stated that wet land delineation was completed. There are some lowlands which will be addressed with grading but no identified wetlands. Page 334 of 362 Planning Commission Meeting Minutes, March 20, 2025 Page 4 • Commissioner Traffas asked about the traffic impact. Mr. Frisbie stated it was discussed and they did not feel a traffic study was needed for the density of this project. Motion was made by Swenson, seconded by Tinsley to recommend to City Council approval of the Lord of life Townhomes preliminary plat, variance and easement vacation, subject to the seven stipulations listed below: 1. The site shall be developed in accordance with the plans approved by the City Council. 2. Outlot A will be deeded to the City with the final plat. 3. The twin home dwellings must demonstrate compliance with Zoning Ordinance requirements of Section 11-57-19 at the time of building permit issuance. 4. The landscape plan shall be revised to identify minimum shrub sizes, not plant pot size. Low growing shrubs shall be 18-24 inches tall and tall growing shrubs shall be 24-36 inches tall as required by Section 11-21-9 of the Zoning Ordinance. The developer shall provide details to verify compliance with the landscape requirements of Section 11-57-19 of the Zoning Ordinance. 5. Park dedication shall be subject to the recommendations of the Parks, Recreation, and Natural Resources Committee to be satisfied at the time of final plat. 6. Prior to the issuance of building permits, the Developer shall submit documents establishing a homeowners association for ownership of the common lot and maintenance of said common lot and building exteriors. The HOA documents must be reviewed and approved by the City Attorney and recorded with Dakota County. 7. Implementation of the recommendations and stipulations listed in the engineering report dated March 11, 2025 and any subsequent correspondence. Ayes: Kaluza, Majorowicz, Zimmer, Einck, Swenson, Traffas, Tinsley, Nays: 0 7. Pumpkin Creek Chair Majorowicz opened the public hearing to consider applications of Peter Knaeble for a preliminary plat and Zoning Map amendment to allow the development of 26 single-family residential lots to be known at Pumpkin Creek generally located east of Kenwood Trail (CSAH 50), west of Ipava Avenue and south of 185th Street (CSAH 60). David Knaeble from Civil Sight Group introduced the project. Ms. Botten presented the staff report. Chair Majorowicz opened the hearing to the public for comment. Page 335 of 362 CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE MEETING MINUTES March 19, 2025 Committee Chair Weberg called the meeting to order at 6:01 p.m. in the City Council Chambers. Members Present: Holly Weberg, Steven Henneberry, Lindsay Haneman, Monica Joubert Members Absent: Daniel Volkosh, Erin Young, Shahid Nadeem, Surya Ganesan (alternate) Staff Present: Parks and Recreation Director Joe Masiarchin, Environmental Resources Manager Mac Cafferty 1. Approval of February 19, 2025 minutes A motion was made by Joubert, seconded by Volkosh to approve February 19, 2025 minutes with correction to citizen comments as communicated by staff. Ayes: unanimous 2. Citizen comments No citizens were present. 3. Lord of Life Townhomes Preliminary Plat, Easement Vacation and Variance This preliminary plat consists of twenty-four twinhome lots and one common area lot within one block located west of Dodd Lane, south of Dodd Boulevard and east of Pilot Knob Road. The parcel is 5.74 aces with 0.42 acres being dedicated as Dodd Lane right-of-way. Development of the townhomes includes the construction of five-foot-wide concrete sidewalks with pedestrian curb ramps along both sides of Esprit Court. There are no wetlands on site and the preservation plan identified four significant trees that will be removed and replaced at a ratio of 2:1 per City ordinance. Committee Member Weberg – Will additional screening between the higher density and single- family homes be included? Staff indicated that there is a channel and vegetation that will provide screening in addition to landscaping that the developer will be responsible for. Motion was made by Haneman, seconded by Joubert to recommend to City Council approval of the Lord of Life Townhomes Preliminary Plat, Easement Vacation and Variance as presented in the March 11 Planning and Engineering reports. Ayes: Unanimous 4. Pumpkin Creek Preliminary Plat & Rezoning The proposed subdivision is located south and adjacent to 185th St. W., north of and adjacent to The Preserve of Lakeville Third Addition. The preliminary play consists of twenty-six single-family lots on 20.03 acres. The developer is dedicating 1.28 acres as 185th St. W. right-of-way. Four wetlands were identified on site totaling 1.6 acres, a replacement plan was submitted for review by the appropriate agencies. The proposed plan identifies impacts to 0.17 acres of wetland. Three outlots have been included as wetland and buffers and stormwater management basins that will be deeded to the City. The tree preservation plan identifies 548 total trees on site and proposes the preservation of 134 trees (25%). The park dedication will be collected in cash at the time of final plat. Page 336 of 362 1 City of Lakeville Community Development Dept Memorandum To: Planning Commission From: Heather Botten, Senior Planner Date: March 11, 2025 Subject: Packet Material for the March 20, 2025 Planning Commission Meeting Agenda Item: Lord of Life Townhomes 1. Preliminary Plat 2. Variance for cul-de-sac length 3. Easement Vacation ACTION DEADLINE: April 8, 2025 BACKGROUND Frisbie Properties, LLC representatives have submitted applications and plans for Lord of Life Townhomes consisting of 24 twin home lots on 5.74 acres located south of Dodd Boulevard and east of Dodd Lane. The City Council approved a comprehensive plan amendment and rezoning on September 16, 2024 to accommodate a twinhome development. An administrative subdivision was approved in November 2024 to allow the area of land to be included in the preliminary plat to be subdivided from the church property, which allowed the Developer to close on the property prior to obtaining preliminary plat approval. In conjunction with the preliminary plat, applications have been submitted for a variance for cul-de-sac length and for the vacation of public drainage and utility easements. EXHIBITS: A. Site Location Map B. Zoning Map C. Preliminary Plat (2 pages) D. Existing Conditions E. Demolition Plan F. Erosion & Sediment Control Plan Page 337 of 362 2 G. Site Dimension Plan H. Grading and Drainage Plan I. Landscape Plans (2 Pages) J. Easements To Be Vacated K. Architectural Building Elevations P LANNING ANALYSIS Existing Conditions. Lord of Life Lutheran Church decided to sell the south portion of the church property as the church no longer felt it necessary to preserve that area for future building and parking lot needs as originally planned when the church was constructed in 2006. The Lord of Life Lutheran Church was constructed prior to nearby residential development in the surrounding area. The preliminary plat will require the vacation of drainage and utility easements on the current property, which will be contingent upon approval of a final plat. The vacated drainage and utility easements will be re-established as part of the Lord of Life Townhomes final plat. Zoning and Surrounding Uses. The proposed project is surrounded by the following existing or planned land uses: Direction Existing Use Land Use Plan Zoning North Lord of Life Lutheran Church Public/Quasi Public RS-3 District South Stormwater pond, Single-Family Homes Restricted Development Low Density Residential P/OS District RS-3 District East Tributary Creek Attached Townhomes Restricted Development Medium/High Density Residential P/OS District RM-2 District West Dodd Lane Single-Family Homes Low Density Residential ROW RS-3 District P RELIMINARY PLAT Consistency with the Comprehensive Plan. The Lord of Life Townhomes property is located in Planning District 3 of the 2040 Comprehensive Plan. The City Council approved an amendment of the land use designation from Public and Quasi-Public to Low/Medium Density Residential on September 5, 2024. The Metropolitan Council approved the land use amendment on October 8, 2024. Consistency with the Capital Improvement Plan (CIP). The development costs associated with the Lord of Life Townhomes development are not programmed in the 2025– 2029 CIP. City Page 338 of 362 3 streets, sanitary sewer, and water utility improvements for the preliminary plat of Lord of Life Townhomes will be financed and constructed by the developer. Consistency with Zoning. The property was rezoned from RS-3, Single-family Residential District to RST-2, Single and Two Family Residential District, in conjunction with the comprehensive plan amendment, to allow for a twin-home development. Premature Subdivision Criteria. A preliminary plat may be deemed premature if any of the criteria listed in Chapter 10-2-4-1 of the Subdivision Ordinance exist. Eligible criteria pertain to a lack of adequate: drainage, water, streets, sanitary sewer, and public service capacity (police and fire protection). The other pertinent criteria pertain to inconsistencies with the City Comprehensive Land Use and Capital Improvement Plans (discussed above). Staff review of the Lord of Life Townhomes preliminary plat against these criteria finds that it is not a premature subdivision. MUSA. The Lord of Life Townhomes preliminary plat is located within the current MUSA. Lot Area. The RST-2 district requires a minimum of 5,000 square feet of lot area per unit. The Lord of Life Townhomes preliminary plat has an average of 10,418 square feet per unit for the townhome area, which exceeds the minimum lot area per unit requirements of the RST-2 District. Outlots. There is one outlot, Outlot A, which is 0.41 acres, consisting of a stormwater management basin that will be deeded to the City with the final plat. Park Dedication. The Parks, Trails, and Open Space Plan does not identify the need for park land within the Lord of Life Townhomes preliminary plat. Park dedication will be satisfied through a cash contribution to be paid at the time of final plat. Twin Home Setbacks. Section 11-57-15.B.2 and 3 of the Zoning Ordinance establishes the minimum setback requirements for twin home dwellings within the RST-2 District shown in the table below. The preliminary plat plans comply with the setback requirements of the Zoning Ordinance. Right of Way 20 feet 25 feet to garage face Base Lot 30 feet Between Buildings 14 feet Streets. The preliminary plat includes construction of one public street, Esprit Court, which will be a permanent cul-de-sac street extending east from Dodd Lane. Additional detailed information is outlined in the Engineering Division report, dated March 11, 2025. The Developer is requesting a variance for cul-de-sac length, which is addressed later in this report. Page 339 of 362 4 Street Functional Classification ROW Roadway Width Cul-de-Sac Length Esprit Court Local 60 feet 32 feet 638 feet Sidewalks/Trails. The applicant is proposing five-foot-wide concrete sidewalks to be constructed on both sides of Esprit Court, which will connect to the public sidewalk on Dodd Lane. Grading, Drainage, Erosion Control, and Utilities. Proposed grading, drainage, erosion control, and utilities for the Lord of Life Townhomes preliminary plat is shown on the submitted civil plans. All existing and new local utilities shall be placed underground. Grading, Drainage, erosion control, and utilities details are outlined in the March 11, 2025 engineering report prepared by Alanna Sobottka, Civil Engineer and Mac Cafferty, Environmental Resources Manager. The Engineering Division recommends approval of the preliminary plat. Landscaping. A landscape plan has been submitted for the Lord of Life Townhomes development, including landscaping around the foundations of the units. All landscaped areas, including common open space, must have an inground irrigation system with an automatic controller. With the final plat, the Developer must provide information that the landscaping meets the requirements of Section 11-57-19.G of the Zoning Ordinance for minimum landscape value based on project value including building construction, site preparation, and site improvements. All landscaping shall be warranted for one year and guaranteed by financial security in the development contract at the time of final plat. The landscape plan shall be amended to identify minimum shrub sizes, not plant pot size. Low growing shrubs shall be 18 to 24 inches and tall growing shrubs shall be 24 to 36 inches as required by Section 11-21-9 of the Zoning Ordinance. Tree Preservation Plan. The plan identifies four significant trees on-site to be removed. The landscape trees along Dodd Lane will remain and will require tree protection fence be installed around them prior to grading activity. Wetlands. No wetlands are located within the boundary of the Lord of Life Townhomes preliminary plat. Homeowners Association. A homeowner’s association will be required to be established for exterior maintenance of all townhome units as well as ownership and maintenance of the common area lot. The Developer must provide documents establishing a homeowner’s association (HOA) for review and approval by the City Attorney, then provide proof of recording the HOA documents, including deeding the common area lot to the HOA, prior to the issuance of building permits. Page 340 of 362 5 Townhouse Building Plans. The developer has submitted building elevations and floor plans for the 24 proposed twin home dwellings to evaluate compliance with design and construction standards established by Section 11-57.19- of the Zoning Ordinance. Building Materials. The exterior finish for the proposed townhouse building illustrates a stone wainscoting on the front of each building and the use of horizontal lap and board-and- batten composite siding on the balance of the front elevation and on the entire side and rear elevations. The proposed materials comply with Section 11-57-19.B of the Zoning Ordinance and exterior materials calculations required to be provided with the building permit submittal. Garages. Each townhouse dwelling is shown to have an attached garage that must be a minimum of 20 feet in width and a minimum of 540 square feet in area, based on interior dimensions, to comply with Section 11-57-19.C. Signs. No subdivision identification monument signs are proposed with the Lord of Life Townhomes preliminary plat. All signs require a permit and shall comply with the Zoning Ordinance. Neighborhood Meeting. The developer hosted a neighborhood meeting on June 10, 2024 at Lord of Life Lutheran Church. Community Development and Engineering Division staff were also in attendance and approximately 20 people attended the meeting. Attendees asked about the ownership status of the units (for sale vs rental), anticipated home value, size and design of the units, and whether and HOA would be established. Public Easement Vacation. The existing parcel includes drainage and utility easements along the south property line and portions of the east and west property lines. As is the City’s practice, the existing public drainage and utility easements will be vacated and re-dedicated on the final plat. Cul-de-Sac Variance. The Developer has requested a variance to the maximum length for Esprit Court to exceed the 600-foot maximum length established by ordinance. The proposed length of the street is 638 feet from the centerline of the intersecting street to the center of the turnaround radius. The variance is warranted based on the limited nature of the additional length requested while maximizing the buildable area of property. RECOMMENDATION Community Development staff recommends approval of the Lord of Life Townhomes preliminary plat, variance, and easement vacation, subject to the following stipulations: 1. The site shall be developed in accordance with the plans approved by the City Council. 2. Outlot A will be deeded to the City with the final plat. 3. The twin home dwellings must demonstrate compliance with Zoning Ordinance requirements of Section 11-57-19 at the time of building permit issuance. Page 341 of 362 6 4. The landscape plan shall be revised to identify minimum shrub sizes, not plant pot size. Low growing shrubs shall be 18-24 inches tall and tall growing shrubs shall be 24-36 inches tall as required by Section 11-21-9 of the Zoning Ordinance. The developer shall provide details to verify compliance with the landscape requirements of Section 11-57-19 of the Zoning Ordinance. 5. Park dedication shall be subject to the recommendations of the Parks, Recreation, and Natural Resources Committee to be satisfied at the time of final plat. 6. Prior to the issuance of building permits, the Developer shall submit documents establishing a homeowners association for ownership of the common lot and maintenance of said common lot and building exteriors. The HOA documents must be reviewed and approved by the City Attorney and recorded with Dakota County. 7. Implementation of the recommendations and stipulations listed in the engineering report dated March 11, 2025 and any subsequent correspondence. Findings of fact for the variance are attached for your consideration. Page 342 of 362 City of Lakeville Public Works – Engineering Division Memorandum To: Heather Botten, Senior Planner From: Alanna Sobottka, Civil Engineer McKenzie L. Cafferty, Environmental Resources Manager Copy: Tina Goodroad, Community Development Director Julie Stahl, Finance Director Zach Johnson, City Engineer David Mathews, Building Official Date: March 11, 2025 Subject: Lord of Life Townhomes • Preliminary Plat • Preliminary Grading and Erosion Control Plan • Preliminary Landscape Plan • Preliminary Utility Plan BBAACCKKGGRROOUUNNDD Frisbie Companies has submitted a preliminary plat named Lord of Life Townhomes. The parent parcel (PID No. 22-46300-01-012) consists of Lot 1, Block 1 Lord of Life Lutheran Church Addition and is zoned RST-2, Single and Two Family Residential District. The proposed development is located west of and adjacent to Dodd Lane, south of Dodd Boulevard, and east of Pilot Knob Road. The preliminary plat consists of 24 twinhome lots and one common area lot within one block, with one outlot on 5.74 acres. The Developer is dedicating 0.42 acres for Dodd Lane right-of- way. The outlot created with the preliminary plat shall have the following use: Page 343 of 362 LLOORRDD OOFF LLIIFFEE TTOOWWNNHHOOMMEESS –– PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1111,, 22002255 PPAAGGEE 22 OOFF 55 Outlot A: Stormwater management basin; deeded to City (0.41 acres) The proposed development will be completed by: Developer: Frisbie Companies Engineer: Kimley-Horn SSIITTEE CCOONNDDIITTIIOONNSS The site consists of undeveloped land. Lord of Life Lutheran Church lies to the north and adjacent to the parcel. Various residential developments lie to the east, south, and west of the site. The site is located within the North Creek Stormwater District with the site generally draining north to south. SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LL AAYYOOUUTT Dodd Lane Lord of Life Townhomes is located east of and adjacent to Dodd Lane, a City roadway classified as a local road. No additional right-of-way dedication is required on the preliminary plat. Dodd Lane is constructed as a two-lane undivided rural roadway, with a five-foot-wide sidewalk along the both sides. Esprit Court Development of Lord of Life Townhomes includes the construction of Esprit Court, a City roadway classified as a local road. Esprit Court is designed as a 32-foot-wide urban local roadway with a concrete sidewalk along both sides, within a 60-foot wide right-of-way. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and street construction shall be from Dodd Boulevard. Construction traffic shall not be permitted south of the development. Page 344 of 362 LLOORRDD OOFF LLIIFFEE TTOOWWNNHHOOMMEESS –– PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1111,, 22002255 PPAAGGEE 33 OOFF 55 PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDDEEWWAALLKKSS Development of Lord of Life Townhomes includes the construction of public sidewalks. Five- foot-wide concrete sidewalks, with pedestrian curb ramps, shall be installed along both sides of Esprit Court. The Park Dedication requirement will be reviewed with the final plat submittal. UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Lord of Life Townhomes is located within subdistrict NC-20040 of the North Creek sanitary sewer district. Wastewater will be conveyed through City sanitary sewer to the MCES interceptor sewer monitored by meter M643A. Wastewater treatment is provided by the Empire Wastewater Treatment Facility. Development of Lord of Life Townhomes includes construction of public sanitary sewer. Sanitary sewer will extend within the subdivision from an existing manhole located within Dodd Lane, at the west plat boundary. The Sanitary Sewer Availability Charge has been collected on the parent parcel. WWAATTEERRMMAAIINN Development of Lord of Life Townhomes includes construction of public watermain. Watermain will extend within the subdivision from an existing stub located within Dodd Lane, at the west plat boundary. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Lord of Life Townhomes is located within subdistrict NC-15 of the North Creek stormwater district. Development of Lord of Life Townhomes includes grading modifications to an existing public stormwater management basin. The modifications lie within Outlot A, the existing basin is located off-site in Outlot B of Fieldstone Creek 1st Addition and provides rate control of stormwater runoff generated from the site. The stormwater management design is consistent with the City’s stormwater management ordinance. Page 345 of 362 LLOORRDD OOFF LLIIFFEE TTOOWWNNHHOOMMEESS –– PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1111,, 22002255 PPAAGGEE 44 OOFF 55 The Developer must certify to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. Prior to issuance of building permits, the soils observation and testing report, including referenced development phases and lot descriptions, and an as-built certified grading plan must be submitted and approved by City staff. Lord of Life Townhomes contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. SSTTOORRMM SSEEWWEERR Development of Lord of Life Townhomes includes the construction of public storm sewer systems. Storm sewer will be constructed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basin located within Outlot A, Lord of Life Townhomes and Outlot B, Fieldstone Creek 1st Addition. The Storm Sewer Charge has been collected on the parent parcel. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. FFEE MMAA FFLLOOOODDPPLLAAIINN AANNAALLYYSSII SS Lord of Life Townhomes is shown on the Flood Insurance Rate Map (Map Nos. 27037C0208E; Eff. Date 12/2/2011) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS There are no wetlands on the site. Page 346 of 362 LLOORRDD OOFF LLIIFFEE TTOOWWNNHHOOMMEESS –– PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1111,, 22002255 PPAAGGEE 55 OOFF 55 TT RREEEE PPRREESSEERRVVAATTIIOONN The plan identifies 4 significant trees on-site to be removed. The landscape trees along Dodd Lane will remain and will require tree protection fence be installed around them prior to grading activity. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per the Lakeville Subdivision Ordinance. Significant trees, as identified in the Lakeville Subdivision Ordinance, shall be protected and preserved through termination of all grading and construction activities. EERROOSSIIOONN CC OONNTTRROOLL The plans include a detailed erosion and sediment control plan. The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. An on-site preconstruction meeting shall be held with the City prior to the issuance of a grading permit. The developer shall be responsible for the establishment of native vegetation along all stormwater treatment basin slopes that were disturbed. This will require a minimum of 2 years of maintenance to ensure establishment. The MS4 Administration Fee has not been collected on the parent parcel and shall be paid with the final plat. RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the Lord of Life Townhomes preliminary plat, preliminary grading and erosion control plan, preliminary utility plan, and preliminary landscape plan subject to the requirements and stipulations within this report. Page 347 of 362 Dakota County, Maxar, Microsoft City of Lakeville Location Map Lord of Life Townhomes DODD BLVD (CSAH 9)DODD LNELM CREEK LNFANN IN G C T EN D E AVOR CTProposed location of 24 townhomes. EXHIBIT A± 162ND STDODD LNLord of Life Church 165TH ST Page 348 of 362 City of Lakeville Zoning Map Lord of Life Townhomes DODD BLVD DODD LNELM CREEK LNFANN IN G C T EN D E AVOR CTProposed location of 24 townhomes. ± 162ND STDODD LNLord of Life Church 165TH ST EXHIBIT B RS-4 RS-3 RM-2RS-3 RS-3 P/OS RS-4 P/OS RS-3 P/OS Page 349 of 362 C102 EXHIBIT C Page 350 of 362 C101 EXHIBIT D Page 351 of 362 10 10 121255510 10 10 10 101010 10 DODD LANE(BITUMINOUS PUBLIC STREET)OUTLOT AL O R D O F L I F E L U T H E R A N C H U R C H A D D I T I O NLOT 1 BLOCK 1 F I R S T A D D I T I O NOUTLOT BPER DOC . NO . 1334192 (PER PLAT )DRAINAGE AND UT IL ITY EASEMENT PER DOC. NO. 1994348 (PER PLAT)METCOUNCIL SANITARY SEWER EASEMENT80 66 PIV CO MB 15" 8" 6"DOUBLE 8" 7"DOUBLE 6"9" 11" EDGE OF WATER SEPT. 2023ELEVATION = 919.1 F I E L D S T O N E C R E E K CROSS UG GAS (PERFIELD MARKINGS)UG TELEPHONE (PERFIELD MARKINGS)UG ELECTRIC (PERFIELD MARKINGS)L O R D O F L I F E C H U R C H L A N D S C A P I N G LANDS C A PI N GLANDSCAPING E L E C P A N E L F L O O R E L E V = 9 3 5 . 3 F L O O R E L E V = 9 3 5 . 3 S H E D L A N D S C A P I N G L A N D S C A P I N GLANDSCAPINGLANDSCAPING L A N D S C A P I N G LANDSCAPINGF E N C E FOUND 1/2" IRON PIPE (BROKEN CAP) FOUND 1/2" IRON PIPE (MARKED 12294) FOUND 1/2" IRON PIPE (MARKED 12294) SET 1/2" IRON PIPE SET 1/2" IRON PIPE SET 1/2" IRON PIPE SIGN CROSS PROJECT BENCMARK:TOP NUT HYDRANTELEVATION =936.50 FI R E C O N N . 48" RCPINV=924.7 12" RCPINV=924.0 12" FESINV=924.8 10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT)10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT)5 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT) 10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT)8" PVC (PER AS-BUILT)8" PVC (PER AS-BUILT)8" DIP (PER AS-BUILT)8" PVC 8" DIP (PER AS-BUILT) 15" RCP SAN MH RIM=933.3 INV=920.7 8" PVC (PER) 8" DIP (PER AS-BUILT) AS-BUILT) 33" RCP (PER PLAN) 18" RCP (PER PLAN) INV=927.2 INV=925.9 18" RCP INV=925.9 RIM=933.0INV=927.5 36" RCP36" RCPCBRIM=931.4INV=925.4 48" RCP 42" RCP36" RCP (PER PLAN)36" RCP (PER PLAN)27" RCP (PER PLAN)60" RCP STORM (PER AS-BUILT)30" RCP SANITARY (PER AS-BUILT)SAN MHRIM=929.6 STORMMH RIM=931.2 FALLBROOK F I E L D S T O N E C R E E K 1 S T A D D I T I O NFANNING BITUMINOUS PARKING AREA BITUMINOUS DRIVE BITUMIN O U S D R I V E C O N C R E T E S U R F A C E 12" D IP (PER AS -BU ILT )60" RCP STORM (PER AS -BU ILT )30" RCP SAN ITARY (PER AS -BU ILT ) DRAINAGE ANDUTILITY EASEMENT (PER PLAT) F I E L D S T O N E C R E E K 1 S T A D D I T I O N CBRIM=931.4INV=925.4 6" PVC (PER PLAN) CBRIM=932.2INV=925.6 GASMETERACS S ACACACT S T T T T E EDGE OF ICE JAN. 9, 2025ELEV=920.4 925930935926927928929931932933934936 930930926927928929931931920 925 930 919 921 922 923 924 926 927 928 929 920 925930 921 922 923 924 926927928929 D C C A AA B B A A E E E A A B B EXISTING 100-YEAR FLOODPLAIN ELEVATION = 928.90' 925 921922923 924 926 927 928925921922923924926 927POND HWLELEV=929.7 ©1CITY COMMENTS12/19/2024 RWC2CITY COMMENTS01/29/2025 RWCThis 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 2025 KIMLEY-HORN AND ASSOCIATES, INC.767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Frisbie Properties, LLC\Lakeville, MN Lord of Life\3 Design\CAD\PlanSheets\C2-DEMO PLAN.dwg March 03, 2025 - 12:01pmBYREVISIONSNo.DATE3CITY COMMENTS03/03/2025 RWCDATE: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.ALAN CATCHPOOL, P.E.03/03/202547969DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16022200303/03/2025AS SHOWNRWCRWCALCNORTH 0GRAPHIC SCALE IN FEET 40 20 40 80 LIMITS OF CONSTRUCTION REMOVE BITUMINOUS SURFACE REMOVE CONCRETE SURFACE REMOVE TREE REMOVE CONCRETE CURB & GUTTER REMOVE UTILITY LINES T GASMETER PROPERTY LINE EXISTING OVERHEAD UTILITY EXISTING CHAINLINK FENCE EXISTING SANITARY SEWER EXISTING STORM SEWER EXISTING WATERMAIN EXISTING GAS MAIN EXISTING UNDERGROUND TELEPHONE EXISTING CONTOUR928 EXISTING SIGN EXISTING FLARED END SECTION EXISTING STORM MANHOLE EXISTING STORM CATCHBASIN EXISTING GAS METER EXISTING POST INDICATOR VALVE EXISTING HYDRANT EXISTING METAL COVER EXISTING ELECTRICAL METER EXISTING AIR CONDITIONER EXISTING TELEPHONE MANHOLE EXISTING POWER POLE EXISTING LIGHT POLE EXISTING TREE CLEARING & GRUBBING EXISTING CURB & GUTTER LEGEND D FULL DEPTH SAWCUT Know what'sbelow. before you dig.Call 1. THE CONTRACTOR IS RESPONSIBLE FOR THE DEMOLITION, REMOVAL, AND DISPOSAL (IN A LOCATION APPROVED BY ALL GOVERNING AUTHORITIES) OF ALL STRUCTURES, PADS, WALLS, FLUMES, FOUNDATIONS, PARKING, DRIVES, DRAINAGE STRUCTURES, UTILITIES, ETC. SUCH THAT THE IMPROVEMENTS ON THE PLANS CAN BE CONSTRUCTED. FACILITIES TO BE REMOVED SHALL BE UNDERCUT TO SUITABLE MATERIAL AND BROUGHT TO GRADE WITH SUITABLE COMPACTED FILL MATERIAL PER THE PROJECT DOCUMENTS. 2. THE CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL DEBRIS FROM THE SITE AND DISPOSING OF THE DEBRIS IN A LAWFUL MANNER AND IN ACCORDANCE WITH LOCAL AND STATE REGULATIONS. THE CONTRACTOR SHALL OBTAIN ANY REQUIRED PERMITS FOR DEMOLITION AND DISPOSAL FROM THE APPROPRIATE LOCAL AND STATE AGENCIES. CONTRACTOR SHALL PROVIDE COPIES OF THE PERMIT AND RECEIPTS OF DISPOSAL OF MATERIALS TO THE OWNER AND OWNERS REPRESENTATIVE, INCLUDING THE TYPE OF DEBRIS AND LOCATION WHERE IT WAS DISPOSED. 3. THE CONTRACTOR SHALL MAINTAIN UTILITY SERVICES TO ADJACENT PROPERTIES AT ALL TIMES. UTILITY SERVICES SHALL NOT BE INTERRUPTED WITHOUT APPROVAL FROM THE CONSTRUCTION MANAGER AND COORDINATION WITH THE ADJACENT PROPERTIES AND/OR THE CITY. 4. THE CONTRACTOR SHALL COORDINATE WITH RESPECTIVE UTILITY COMPANIES PRIOR TO THE REMOVAL AND/OR RELOCATION OF UTILITIES. THE CONTRACTOR SHALL COORDINATE WITH THE UTILITY COMPANY CONCERNING PORTIONS OF WORK WHICH MAY BE PERFORMED BY THE UTILITY COMPANY'S FORCES AND ANY FEES WHICH ARE TO BE PAID TO THE UTILITY COMPANY FOR THEIR SERVICES. THE CONTRACTOR IS RESPONSIBLE FOR PAYING ALL FEES AND CHARGES. 5. THE LOCATIONS OF EXISTING UTILITIES SHOWN ON THE PLAN HAVE BEEN DETERMINED FROM THE BEST INFORMATION AVAILABLE AND ARE GIVEN FOR THE CONVENIENCE OF THE CONTRACTOR. THE ENGINEER ASSUMES NO RESPONSIBILITY FOR THEIR ACCURACY. PRIOR TO THE START OF ANY DEMOLITION ACTIVITY, THE CONTRACTOR SHALL NOTIFY THE AFFECTED UTILITY COMPANIES TO PROVIDE LOCATIONS OF EXISTING UTILITIES WITHIN PROPOSED WORK AREA. 6. EXISTING SEWERS, PIPING AND UTILITIES SHOWN ARE BASED ON AVAILABLE RECORD PLAN DATA AND/OR FIELD UTILITY MARKINGS AND ARE NOT TO BE INTERPRETED AS THE EXACT LOCATION. ADDITIONAL UNMARKED OBSTACLES MAY EXIST ON THE SITE. VERIFY EXISTING CONDITIONS AND PROCEED WITH CAUTION AROUND ANY ANTICIPATED UNDERGROUND FEATURES. GIVE NOTICE TO AFFECTED UTILITY COMPANIES REGARDING REMOVAL OF SERVICE LINES AND CAP ANY ABANDONED LINES BEFORE PRECEDING WITH THE PROPOSED WORK. 7. ELECTRICAL, TELEPHONE, CABLE, WATER, FIBER OPTIC, AND/OR GAS LINES NEEDING TO BE REMOVED OR RELOCATED SHALL BE COORDINATED WITH THE AFFECTED UTILITY COMPANY. ADEQUATE TIME SHALL BE PROVIDED FOR RELOCATION AND CLOSE COORDINATION WITH THE UTILITY COMPANY IS NECESSARY TO PROVIDE A SMOOTH TRANSITION IN UTILITY SERVICE. CONTRACTOR SHALL PAY CLOSE ATTENTION TO EXISTING UTILITIES WITHIN ANY ROAD RIGHT-OF-WAY DURING CONSTRUCTION. 8. CONTRACTOR MUST PROTECT THE PUBLIC AT ALL TIMES WITH FENCING, BARRICADES, ENCLOSURES, ETC. (AND OTHER APPROPRIATE BEST MANAGEMENT PRACTICES) AS APPROVED BY THE CONSTRUCTION MANAGER. MAINTENANCE OF TRAFFIC CONTROL SHALL BE COORDINATED IN ACCORDANCE WITH THE CITY, COUNTY, AND STATE DOT AS NECESSARY. 9. CONTRACTOR SHALL MAINTAIN ACCESS TO ADJACENT PROPERTIES DURING CONSTRUCTION, AND SHALL NOTIFY ADJACENT PROPERTY OWNERS IF ACCESS WILL BE INTERRUPTED OR ALTERED AT ANY TIME DURING CONSTRUCTION. 10. PRIOR TO THE START OF DEMOLITION, INSTALL EROSION CONTROL BMP'S IN ACCORDANCE WITH THE EROSION & SEDIMENT CONTROL PLANS / SWPPP. 11. CONTRACTOR MAY LIMIT SAW-CUT AND PAVEMENT REMOVAL TO ONLY THOSE AREAS WHERE IT IS REQUIRED AS SHOWN ON THESE CONSTRUCTION PLANS BUT IF ANY DAMAGE IS INCURRED ON ANY OF THE SURROUNDING PAVEMENT OR CURB, THE CONTRACTOR SHALL BE RESPONSIBLE FOR ITS REMOVAL AND REPAIR. 12. THE CONTRACTOR SHALL COORDINATE WATER MAIN WORK WITH THE CITY WATER AND FIRE DEPARTMENTS TO ENSURE ADEQUATE FIRE PROTECTION IS CONSTANTLY AVAILABLE TO THE SITE AND SURROUNDING PROPERTIES THROUGH ALL PHASES OF CONSTRUCTION. CONTRACTOR WILL BE RESPONSIBLE FOR ARRANGING/PROVIDING ANY REQUIRED WATER MAIN SHUT OFFS WITH THE CITY. ANY COSTS ASSOCIATED WITH WATER MAIN SHUT OFFS WILL BE THE RESPONSIBILITY OF THE CONTRACTOR AND NO EXTRA COMPENSATION WILL BE PROVIDED. 13. IN THE EVENT A WELL IS FOUND, THE CONTRACTOR SHALL CONTACT THE ENGINEER AND OWNER IMMEDIATELY. ALL WELLS SHALL BE SEALED BY A LICENSED WELL CONTRACTOR IN ACCORDANCE WITH STATE REQUIREMENTS. 14. IN THE EVENT THAT UNKNOWN CONTAINERS OR TANKS ARE ENCOUNTERED, THE CONTRACTOR SHALL CONTACT THE OWNER AND/OR OWNERS REPRESENTATIVE IMMEDIATELY. ALL CONTAINERS SHALL BE DISPOSED OF AT A PERMITTED LANDFILL PER THE PROJECT DOCUMENTS. 15. CONTRACTOR SHALL NOTIFY THE ENGINEER IF ANY EXISTING DRAINTILE IS ENCOUNTERED ON SITE; ACTIVE DRAINTILE SHALL NOT BE REMOVED WITHOUT APPROVAL FROM THE ENGINEER. 16. IF CONTAMINATED MATERIAL IS ENCOUNTERED ON THE PROJECT SITE, THE CONTRACTOR SHALL STOP WORK AND NOTIFY THE OWNER AND ENGINEER IMMEDIATELY. DEMOLITION PLAN NOTES AC E MC KEYNOTE LEGEND SAWCUT EXISTING PAVEMENT REMOVE EXISTING PAVEMENT REMOVE EXISTING TREE REMOVE EXISTING UTILITY STRUCTURE PROTECT EXISTING UTILITY STRUCTURE A B C D E PREPARED FORSITE DEMOLITIONPLANC200LORD OF LIFE TOWNHOMESFRISBIE PROPERTIES, LLCLAKEVILLEMNEXISTING UNDERGROUND ELECTRIC EXISTING 100-YR FLOODPLAIN EXHIBIT E Page 352 of 362 10 10 121255510 10 10 10 101010 10 DODD LANE(BITUMINOUS PUBLIC STREET)OUTLOT AL O R D O F L I F E L U T H E R A N C H U R C H A D D I T I O NLOT 1 BLOCK 1 F I R S T A D D I T I O NOUTLOT BPER DOC . NO . 1334192 (PER PLAT )DRAINAGE AND UT IL ITY EASEMENT PER DOC. NO. 1994348 (PER PLAT)METCOUNCIL SANITARY SEWER EASEMENT80 66 PIV CO MB 15" 6"9" 11" EDGE OF WATER SEPT. 2023ELEVATION = 919.1 F I E L D S T O N E C R E E K CROSS UG GAS (PERFIELD MARKINGS)UG TELEPHONE (PERFIELD MARKINGS)UG ELECTRIC (PERFIELD MARKINGS)L O R D O F L I F E C H U R C H L A N D S C A P I N G LANDS C A PI N GLANDSCAPING E L E C P A N E L F L O O R E L E V = 9 3 5 . 3 F L O O R E L E V = 9 3 5 . 3 S H E D L A N D S C A P I N G L A N D S C A P I N GLANDSCAPINGLANDSCAPING L A N D S C A P I N G LANDSCAPINGF E N C E FOUND 1/2" IRON PIPE (BROKEN CAP) FOUND 1/2" IRON PIPE (MARKED 12294) FOUND 1/2" IRON PIPE (MARKED 12294) SET 1/2" IRON PIPE SET 1/2" IRON PIPE SET 1/2" IRON PIPE SIGN CROSS PROJECT BENCMARK:TOP NUT HYDRANTELEVATION =936.50 FI R E C O N N . 48" RCPINV=924.7 10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT)10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT)5 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT) 10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT)8" PVC (PER AS-BUILT)8" PVC (PER AS-BUILT)8" DIP (PER AS-BUILT)8" PVC 8" DIP (PER AS-BUILT) 15" RCP SAN MH RIM=933.3 INV=920.7 8" PVC (PER) 8" DIP (PER AS-BUILT) AS-BUILT) 33" RCP (PER PLAN) 18" RCP (PER PLAN) INV=927.2 INV=925.9 18" RCP INV=925.9 RIM=933.0INV=927.5 36" RCP36" RCPCBRIM=931.4INV=925.4 48" RCP 42" RCP36" RCP (PER PLAN)36" RCP (PER PLAN)27" RCP (PER PLAN)60" RCP STORM (PER AS-BUILT)30" RCP SANITARY (PER AS-BUILT)SAN MHRIM=929.6 STORMMH RIM=931.2 FALLBROOK F I E L D S T O N E C R E E K 1 S T A D D I T I O NFANNING BITUMINOUS PARKING AREA BITUMINOUS DRIVE BITUMIN O U S D R I V E C O N C R E T E S U R F A C E 12" D IP (PER AS -BU ILT )60" RCP STORM (PER AS -BU ILT )30" RCP SAN ITARY (PER AS -BU ILT ) DRAINAGE ANDUTILITY EASEMENT (PER PLAT) F I E L D S T O N E C R E E K 1 S T A D D I T I O N CBRIM=931.4INV=925.4 6" PVC (PER PLAN) CBRIM=932.2INV=925.6 GASMETERACS S ACACACT S T T T T E EDGE OF ICE JAN. 9, 2025ELEV=920.4 1 2 5 6 7 8 9 10 11 12 14 13 16 15 17 18 20 19 2324 2122 3 4NEW ACCESS DRIVEPROPOSED PARKING EXPANSIONESPRIT COURT 665' CUL-DE-SAC 2,064 SF (TYP.) 1,825 SF (TYP.) Com m u n i t y O p e n P a v i l i o n Pickleball 935931931932 93 2 933933933934934934930 935 931932933934 920 925 930 919 921 922 923 924 926 927 928 929 931 932 933 93 0 931 932 933 934931931931931932933 93 2 933 934 93 1932 9 3 2933 933 92092593010:110:110:110:13:1 3:17.56%9.84%8.93%8 .0 2%7.77%5.15%2.68%2.43%1. 6 4%1.42%1. 6 4%1.21%1.23%1.86%1.55%2.16%5.11% 3. 3 0 % 2.47%5.20%8:1CONCRETE WASHOUT - LOCATE PER CONTRACTOR 50' BUFFER ZONE FLOATING SILT CURTAIN4:14:1915 910 ©1CITY COMMENTS12/19/2024 RWC2CITY COMMENTS01/29/2025 RWCThis 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 2025 KIMLEY-HORN AND ASSOCIATES, INC.767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Frisbie Properties, LLC\Lakeville, MN Lord of Life\3 Design\CAD\PlanSheets\C3-EROS PH2 PLAN.dwg March 03, 2025 - 12:03pmBYREVISIONSNo.DATE3CITY COMMENTS03/03/2025 RWCDATE: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.ALAN CATCHPOOL, P.E.03/03/202547969DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16022200303/03/2025AS SHOWNRWCRWCALCPREPARED FOREROSION ANDSEDIMENTCONTROL PLAN -PHASE 2C301LORD OF LIFE TOWNHOMESFRISBIE PROPERTIES, LLCLAKEVILLEMNNORTH 0GRAPHIC SCALE IN FEET 40 20 40 80 Know what'sbelow. before you dig.Call 1. THE STORM WATER POLLUTION PREVENTION PLAN ("SWPPP") IS COMPRISED OF THE EROSION CONTROL PLAN, THE STANDARD DETAILS, THE PLAN NARRATIVE, ATTACHMENTS INCLUDED IN THE SPECIFICATIONS OF THE SWPPP, PLUS THE PERMIT AND ALL SUBSEQUENT REPORTS AND RELATED DOCUMENTS. 2. ALL CONTRACTORS AND SUBCONTRACTORS INVOLVED WITH LAND DISTURBING ACTIVITIES SHALL OBTAIN A COPY OF THE SWPPP AND NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) GENERAL PERMIT, AND BECOME FAMILIAR WITH THEIR CONTENTS. 3. BEST MANAGEMENT PRACTICES (BMP'S) AND CONTROLS SHALL CONFORM TO FEDERAL, STATE AND LOCAL REQUIREMENTS, AS APPLICABLE. THE CONTRACTOR SHALL IMPLEMENT ADDITIONAL CONTROLS AS DIRECTED BY THE PERMITTING AGENCY, ENGINEER OR OWNER. 4. SITE ENTRY AND EXIT LOCATIONS SHALL BE MAINTAINED IN A CONDITION THAT WILL PREVENT THE TRACKING OR FLOWING OF SEDIMENT ONTO PUBLIC ROADWAYS. SEDIMENT SPILLED, DROPPED, WASHED, OR TRACKED ONTO A PUBLIC ROADWAY FROM THE CONSTRUCTION SITE MUST BE REMOVED WITHIN 24 HOURS. WHEN WASHING IS REQUIRED TO REMOVE SEDIMENT PRIOR TO ENTRANCE ONTO A PUBLIC ROADWAY, IT SHALL BE DONE IN AN AREA STABILIZED WITH CRUSHED STONE WHICH DRAINS INTO AN APPROVED SEDIMENT BASIN. ANY FINES IMPOSED FOR DISCHARGING SEDIMENT ONTO A PUBLIC RIGHT OF WAY SHALL BE PAID BY THE CONTRACTOR. 5. TEMPORARY SEEDING OR OTHER APPROVED METHODS OF STABILIZATION SHALL BE INITIATED WITHIN 7 DAYS OF THE LAST DISTURBANCE ON ANY AREA OF THE SITE. 6. THE CONTRACTOR SHALL MINIMIZE LAND DISTURBANCE AND CLEARING TO THE MAXIMUM EXTENT PRACTICAL OR AS REQUIRED BY THE GENERAL PERMIT. 7. CONTRACTOR SHALL DENOTE ON THE PLAN THE TEMPORARY PARKING AND STORAGE AREA WHICH SHALL ALSO BE USED AS THE EQUIPMENT MAINTENANCE AND CLEANING AREA, EMPLOYEE PARKING AREA, AND AREA FOR LOCATING PORTABLE FACILITIES, OFFICE TRAILERS, AND TOILET FACILITIES. 8. ALL WASH WATER FROM THE CONSTRUCTION SITE (CONCRETE TRUCKS, VEHICLE CLEANING, EQUIPMENT CLEANING, ETC.) SHALL BE DETAINED AND PROPERLY TREATED BEFORE DISPOSAL. 9. SUFFICIENT OIL AND GREASE ABSORBING MATERIALS AND FLOTATION BOOMS SHALL BE MAINTAINED ON SITE OR READILY AVAILABLE TO CONTAIN AND CLEAN-UP FUEL OR CHEMICAL SPILLS AND LEAKS. 10. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DUST CONTROL ON SITE. THE USE OF MOTOR OILS AND OTHER PETROLEUM BASED OR TOXIC LIQUIDS FOR DUST SUPPRESSION OPERATIONS IS PROHIBITED. 11. RUBBISH, TRASH, GARBAGE, LITTER, OR OTHER SUCH MATERIALS SHALL BE DEPOSITED INTO SEALED CONTAINERS. MATERIALS SHALL BE PREVENTED FROM LEAVING THE PREMISES THROUGH THE ACTION OF WIND OR STORM WATER DISCHARGE INTO DRAINAGE DITCHES OR WATERS OF THE STATE. 12. STAGING AREAS, STOCKPILES, SPOILS, ETC. SHALL BE LOCATED OUTSIDE OF DRAINAGE WAYS SUCH THAT STORM WATER RUNOFF WILL NOT BE ADVERSELY AFFECTED. PROVIDE STABILIZATION MEASURES SUCH AS PERIMETER EROSION CONTROL BMP'S, SEEDING, OR OTHER COVERING AS NECESSARY TO PREVENT EROSION. 13. CONTRACTOR SHALL BE RESPONSIBLE FOR RE-ESTABLISHING ANY EROSION CONTROL BMP DISTURBED DURING CONSTRUCTION OPERATIONS. NOTIFY THE OWNER'S REPRESENTATIVE OF ANY DEFICIENCIES IN THE ESTABLISHED EROSION CONTROL MEASURES THAT MAY LEAD TO UNAUTHORIZED DISCHARGE OF STORM WATER POLLUTANTS. UNAUTHORIZED POLLUTANTS INCLUDE (BUT ARE NOT LIMITED TO) EXCESS CONCRETE DUMPING, CONCRETE RESIDUE, PAINTS, SOLVENTS, GREASES, FUELS, LUBRICANT OILS, PESTICIDES, AND SOLID WASTE MATERIALS. 14. EROSION CONTROL BMP'S SHOWN ON THESE PLANS SHALL BE INSTALLED PRIOR TO THE START OF LAND-DISTURBING ACTIVITIES ON THE PROJECT, AND INITIATED AS SOON AS PRACTICABLE. 15. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR COMPLYING WITH THE REQUIREMENTS OF THE AUTHORITIES HAVING JURISDICTION, AND SHALL MAINTAIN COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS FOR THE DURATION OF CONSTRUCTION. 16. THE CONTRACTOR SHALL FIELD ADJUST AND/OR PROVIDE ADDITIONAL EROSION CONTROL BMP'S AS NEEDED TO PREVENT EROSION AND OFF-SITE SEDIMENT DISCHARGE FROM THE CONSTRUCTION SITE. LOG AND RECORD ANY ADJUSTMENTS AND DEVIATIONS FROM THE APPROVED EROSION CONTROL PLANS WITHIN THE SWPPP DOCUMENTS STORED IN THE JOB SITE TRAILER. EROSION CONTROL PLAN NOTES THE CONTRACTOR MUST UPDATE THE SWPPP BY NOTING ON THE SITE MAPS IN THE JOB SITE BINDER TO REFLECT THE PROGRESS OF CONSTRUCTION ACTIVITIES AND GENERAL CHANGES TO THE PROJECT SITE FOR THE DURATION OF LAND DISTURBING ACTIVITIES. AT A MINIMUM, UPDATES SHALL BE MADE DAILY TO TRACK CONSTRUCTION PROGRESS DESCRIBED IN THE SEQUENCE OF CONSTRUCTION. THE CONTRACTOR IS RESPONSIBLE FOR NOTING THE LOCATION OF THE JOB SITE TRAILER, TEMPORARY PARKING & LAYDOWN AREAS, PORTA-POTTY, WHEEL WASH, CONCRETE WASHOUT, FUEL & MATERIAL STORAGE, SOLID WASTE CONTAINERS, AND OTHER CONSTRUCTION RELATED FACILITIES THAT MAY IMPACT STORMWATER RUNOFF. SWPPP UPDATES & AMENDMENTS UPON IMPLEMENTATION AND INSTALLATION OF THE FOLLOWING AREAS: TRAILER, PARKING, LAYDOWN, PORTA-POTTY, WHEEL WASH, CONCRETE WASHOUT, FUEL AND MATERIAL STORAGE CONTAINERS, SOLID WASTE CONTAINERS, ETC., IMMEDIATELY DENOTE THEM ON THE SITE MAPS AND NOTE ANY CHANGES IN LOCATION AS THEY OCCUR THROUGHOUT THE CONSTRUCTION PROCESS. BMP AND EROSION CONTROL INSTALLATION SEQUENCE SHALL BE AS FOLLOWS: 1. TEMPORARILY SEED, THROUGHOUT CONSTRUCTION, DENUDED AREAS THAT WILL BE INACTIVE FOR 7 DAYS OR MORE. 2. INSTALL UTILITIES, UNDERDRAINS, STORM SEWERS, UNDERGROUND SYSTEM, CURBS AND GUTTERS. 3. INSTALL APPROPRIATE INLET PROTECTION AT ALL STORM SEWER STRUCTURES AS EACH INLET STRUCTURE IS INSTALLED. 4. PERMANENTLY STABILIZE AREAS TO BE VEGETATED AS THEY ARE BROUGHT TO FINAL GRADE. 5. PREPARE SITE FOR PAVING. 6. PAVE SITE AND INSTALL STRIPING. 7. COMPLETE GRADING AND INSTALLATION OF PERMANENT STABILIZATION OVER ALL AREAS. 8. OBTAIN CONCURRENCE WITH THE CIVIL ENGINEERING CONSULTANT THAT THE SITE HAS BEEN FULLY STABILIZED THEN: 1. REMOVE ALL REMAINING TEMPORARY EROSION ADN SEDIMENT CONTROL DEVICES 2. STABILIZE ANY AREAS DISTURBED BY THE REMOVAL OF BMPS. NOTE: THE SEQUENCE OF CONSTRUCTION SHOWN ABOVE IS A GENERAL OVERVIEW AND IS INTENDED TO CONVEY THE GENERAL CONCEPTS OF THE EROSION CONTROL DESIGN AND SHOULD NOT BE RELIED UPON FOR CONSTRUCTION PURPOSES. THE CONTRACTOR IS SOLELY RESPONSIBLE FOR DETAILED PHASING AND CONSTRUCTION SEQUENCING NECESSARY TO CONSTRUCT THE PROPOSED IMPROVEMENTS INCLUDED IN THESE PLANS. THE CONTRACTOR SHALL NOTIFY ENGINEER IN WRITING IMMEDIATELY, PRIOR TO AND/OR DURING CONSTRUCTION IF ANY ADDITIONAL INFORMATION ON THE CONSTRUCTION SEQUENCE IS NECESSARY. CONTRACTOR IS SOLELY RESPONSIBLE FOR COMPLYING WITH THE REQUIREMENTS OF THE AUTHORITY HAVING JURISDICTION AND ALL OTHER APPLICABLE LAWS. PHASE 2 SEQUENCE OF CONSTRUCTION: ROCK ENTRANCE INLET PROTECTION SILT FENCE LIMITS OF DISTURBANCE ROCK SOCK LEGEND EROSION CONTROL BLANKET PROPERTY SUMMARY TOTAL PROPERTY AREA 12.8 AC DISTURBED AREA 7.1 AC EXISTING IMPERVIOUS AREA 1.7 AC / 13.3% EXISTING PERVIOUS AREA 11.1 AC / 86.7% PROPOSED IMPERVIOUS AREA 4.5 AC / 35.2% PROPOSED PERVIOUS AREA 8.3 AC / 64.8% NET INCREASE IN IMPERVIOUS AREA 2.8 AC PHASE II BMP QUANTITIES ROCK CONSTRUCTION ENTRANCE 1 EA EROSION CONTROL BLANKET ±27,600 SF INLET PROTECTION 12 EA SILT FENCE ±2,575 LF FLOATING SILT CURTAIN ±600 LF ROCK SOCK ±355 LF EXHIBIT F Page 353 of 362 10 10 121255510 10 10 10 101010 10 DODD LANE(BITUMINOUS PUBLIC STREET)OUTLOT AL O R D O F L I F E L U T H E R A N C H U R C H A D D I T I O NLOT 1 BLOCK 1 F I R S T A D D I T I O NOUTLOT BPER DOC . NO . 1334192 (PER PLAT )DRAINAGE AND UT IL ITY EASEMENT PER DOC. NO. 1994348 (PER PLAT)METCOUNCIL SANITARY SEWER EASEMENT80 66 PIV CO MB 15" 6"9" 11" EDGE OF WATER SEPT. 2023ELEVATION = 919.1 F I E L D S T O N E C R E E K CROSS UG GAS (PERFIELD MARKINGS)UG TELEPHONE (PERFIELD MARKINGS)UG ELECTRIC (PERFIELD MARKINGS)L O R D O F L I F E C H U R C H L A N D S C A P I N G LANDS C A PI N GLANDSCAPING E L E C P A N E L F L O O R E L E V = 9 3 5 . 3 F L O O R E L E V = 9 3 5 . 3 S H E D L A N D S C A P I N G L A N D S C A P I N GLANDSCAPINGLANDSCAPING L A N D S C A P I N G LANDSCAPINGF E N C E FOUND 1/2" IRON PIPE (BROKEN CAP) FOUND 1/2" IRON PIPE (MARKED 12294) FOUND 1/2" IRON PIPE (MARKED 12294) SET 1/2" IRON PIPE SET 1/2" IRON PIPE SET 1/2" IRON PIPE SIGN CROSS PROJECT BENCMARK:TOP NUT HYDRANTELEVATION =936.50 FI R E C O N N . 48" RCPINV=924.7 10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT)10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT)5 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT) 10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT)8" PVC (PER AS-BUILT)8" PVC (PER AS-BUILT)8" DIP (PER AS-BUILT)8" PVC 8" DIP (PER AS-BUILT) 15" RCP SAN MH RIM=933.3 INV=920.7 8" PVC (PER) 8" DIP (PER AS-BUILT) AS-BUILT) 33" RCP (PER PLAN) 18" RCP (PER PLAN) INV=927.2 INV=925.9 18" RCP INV=925.9 RIM=933.0INV=927.5 36" RCP36" RCPCBRIM=931.4INV=925.4 48" RCP 42" RCP36" RCP (PER PLAN)36" RCP (PER PLAN)27" RCP (PER PLAN)60" RCP STORM (PER AS-BUILT)30" RCP SANITARY (PER AS-BUILT)SAN MHRIM=929.6 STORMMH RIM=931.2 FALLBROOK F I E L D S T O N E C R E E K 1 S T A D D I T I O NFANNING BITUMINOUS PARKING AREA BITUMINOUS DRIVE BITUMIN O U S D R I V E C O N C R E T E S U R F A C E 12" D IP (PER AS -BU ILT )60" RCP STORM (PER AS -BU ILT )30" RCP SAN ITARY (PER AS -BU ILT ) DRAINAGE ANDUTILITY EASEMENT (PER PLAT) F I E L D S T O N E C R E E K 1 S T A D D I T I O N CBRIM=931.4INV=925.4 6" PVC (PER PLAN) CBRIM=932.2INV=925.6 GASMETERACS S ACACACT S T T T T E EDGE OF ICE JAN. 9, 2025ELEV=920.4 EDGE OF ICE JAN. 9, 2025ELEV=920.4 D D D D DD D 1 2 5 6 7 8 9 10 11 12 14 13 16 15 17 18 20 19 2324 2122 3 4NEW ACCESS DRIVEPROPOSED PARKING EXPANSIONESPRIT COURT 665' CUL-DE-SAC 2,064 SF (TYP.) 1,825 SF (TYP.) Com m u n i t y O p e n P a v i l i o n Pickleball EXISTING FIRE HYDRANT PROPOSED 10 FT. DRAINAGE AND UTILITY EASEMENT EXISTING PROPERTY LINE 30' BUILDING SETBACK AT PERIPHERY OF BASE LOT DEVELOPMENT 20' BUILDING SETBACK FROM PUBLIC ROW 60.0'32.7'20.0' 14.0' (TYP.) 40.1' (TYP.)37.0'28.0'20.0'14.0'5.0'5.0'5.0'20.0'9.0'5.0'20.0'30.0'20.0'7.3'14.0'14.0'5.0'10.0'16.0' 9 10101010101077 14 20.0'24.0' 1.0' (TYP.)10.0'(TYP.)30.0'22.5'(TYP.)21.5' (TYP.)42.0'52.0'52.0'15.0'9.0'27.0'7.0'7.0'7.0'9.0'8.0'60 . 0 ' EXISTING DRAINAGE AND UTILITY EASEMENT TO BE VACATED EXISTING DRAINAGE AND UTILITY EASEMENT TO BE VACATED20.0'30' BUILDING SETBACK AT PERIPHERY OF BASE LOT DEVELOPMENT 30.0' 72.0'22.0'60.0' R69.0' R99.0' R10.0' R65.0' R75.0' R42.0' R95.0' R51.0' R81.0' R45.0' R25.0' R25.0' 14.6'14.0'14.0 ' 32.0'30.0'5.0'5.0'5.0'5.0'8.0'30.0'14.0' R20.0'126.0'R16.0'R16.0'4.7'R10.0'24.0'30.7' R31.0'30.0'F1 P1 P2 P2 P2 P3 S2 S2 R1 C8 C8 C8 C8 C8 TYP. C6 C6 C6 C6 C4 C4 C4 C4 C4 C8 C5 C5 C5 C5 C5 C5 C3 C3 C3 C3C3 C3 C3 C1 C1 C2 C2 C2 C2 C2 S1 24.0' 3.5' 63.0'33.0'F2 F2 F3 F3F3F3 F3 F3 F3 F3F3 F3 F3 F3 F3 14.0'7.0'32.0'©1CITY COMMENTS12/19/2024 RWC2CITY COMMENTS01/29/2025 RWCThis 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 2025 KIMLEY-HORN AND ASSOCIATES, INC.767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Frisbie Properties, LLC\Lakeville, MN Lord of Life\3 Design\CAD\PlanSheets\C4-SITE PLAN.dwg March 03, 2025 - 12:05pm©BYREVISIONSNo.DATE3CITY COMMENTS03/03/2025 RWC LEGEND 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.ALAN CATCHPOOL, P.E.03/03/202547969DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16022200303/03/2025AS SHOWNRWCRWCALCPROPOSED CURB AND GUTTER TOTAL PROPERTY OUTLINE PROPOSED FENCE BUILDING SETBACK LINE DRAINAGE AND UTILITY EASEMENT REGULAR DUTY ASPHALT PAVEMENT SEE DETAILS FOR SECTION TYPICAL RESIDENTIAL STREET ASPHALT PAVEMENT SEE DETAILS FOR SECTION REGULAR DUTY CONCRETE PAVEMENT SEE DETAILS FOR SECTION CONCRETE SIDEWALK SEE DETAILS FOR SECTION KEYNOTE LEGEND CURB, SIDEWALK & PAVEMENT 6" CONCRETE CURB & GUTTER (B612) - SEE DETAIL 6" CONCRETE CURB & GUTTER (B618) - SEE DETAIL SURMOUNTABLE CURB & GUTTER (D412) - SEE DETAIL CONCRETE SIDEWALK - SEE DETAIL CURB TRANSITION - SEE GRADING PLAN MATCH EXISTING EDGE OF PAVEMENT/ CURB & GUTTER COMMERCIAL DRIVEWAY APRON - SEE DETAIL ACCESSIBLE CURB RAMP - SEE DETAIL SITE FIXTURES CHAIN-LINK FENCE - SEE DETAIL FIRE HYDRANT / GATE VALVE - SEE UTILITY PLAN SEWER MANHOLE / CATCHBASIN / FES - SEE UTILITY PLAN PAVEMENT MARKINGS ACCESSIBLE PARKING SYMBOL & LOADING AREA - SEE DETAIL STRIPED WHITE CROSS-HATCH AREA 4" SOLID LINES @ 45° 2' O.C. 4" WIDE WHITE PAINTED SOLID PARKING LOT LINE PICKLEBALL COURT STRIPPING - SEE DETAIL SIGNAGE ADA PARKING SIGN IN BOLLARD - SEE DETAIL STOP SIGN - SEE DETAIL REFERENCE NOTES COMMUNITY OPEN PAVILION - SEE ARCHITECTURAL PLANS C1 C2 C3 C4 C5 C6 C7 C8 F1 F2 F3 P1 P2 P3 P4 S1 S2 R1 NORTH Know what'sbelow. before you dig.Call R 0GRAPHIC SCALE IN FEET 40 20 40 80 PROPERTY SUMMARY PARCEL AREA 12.78 AC / 556,666 SF TOTAL CHURCH AREA 7.04 AC / 306,512 SF TOTAL RESIDENTAL AREA 5.74 AC / 250,154 SF UNIT 1 AREA 3,711 SF UNIT 2 AREA 3,711 SF UNIT 3 AREA 3,711 SF UNIT 4 AREA 3,711 SF UNIT 5 AREA 3,711 SF UNIT 6 AREA 3,711 SF UNIT 7 AREA 3,711 SF UNIT 8 AREA 3,711 SF UNIT 9 AREA 3,711 SF UNIT 10 AREA 3,711 SF UNIT 11 AREA 3,724 SF UNIT 12 AREA 3,723 SF UNIT 13 AREA 3,723 SF UNIT 14 AREA 3,723 SF UNIT 15 AREA 3,723 SF UNIT 16 AREA 3,723 SF UNIT 17 AREA 3,723 SF UNIT 18 AREA 3,724 SF UNIT 19 AREA 3,723 SF UNIT 20 AREA 3,724 SF UNIT 21 AREA 2,860 SF UNIT 22 AREA 2,860 SF UNIT 23 AREA 2,860 SF UNIT 24 AREA 2,860 SF LOT 25 AREA 100,666 SF OUTLOT A AREA 18,074 SF ROW 45,631 SF HOA AREA 164,371 SF ZONING SUMMARY EXISTING CHURCH ZONING RS - 3 PROPOSED RESIDENTAL ZONING RST - 2 PREPARED FORSITE DIMENSIONPLANC400LORD OF LIFE TOWNHOMESFRISBIE PROPERTIES, LLCLAKEVILLEMNSITE PLAN NOTES 1. REFER TO THE ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF STOOPS & PRECISE BUILDING DIMENSIONS. REFER TO THE SITE ELECTRICAL PLAN FOR LOCATIONS OF PROPOSED LIGHT POLES, CONDUITS, AND ELECTRICAL EQUIPMENT. 2. REFER TO CERTIFIED SITE SURVEY OR PLAT FOR EXACT LOCATION OF EXISTING EASEMENTS, PROPERTY BOUNDARY DIMENSIONS, AND ADJACENT RIGHT-OF-WAY & PARCEL INFORMATION. 3. DIMENSIONS AND RADII ARE DRAWN TO THE FACE OF CURB, UNLESS OTHERWISE NOTED. DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT, AND AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 4. UNLESS OTHERWISE NOTED, THE CONTRACTOR SHALL BE RESPONSIBLE FOR RELOCATING EXISTING SITE IMPROVEMENTS THAT CONFLICT WITH THE PROPOSED WORK, INCLUDING BUT NOT LIMITED TO TRAFFIC SIGNS, LIGHT POLES, ABOVEGROUND UTILITIES, ETC. PERFORM WORK IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTS AND PROJECT SITE WORK SPECIFICATIONS. COST SHALL BE INCLUDED IN BASE BID. 5. TYPICAL PARKING STALL DIMENSIONS SHALL BE 9.0-FEET IN WIDTH AND 20-FEET IN LENGTH UNLESS OTHERWISE INDICATED. UNIT LOT LINE LORD OF LIFE LUTHERAN CHURCH PARKING SUMMARY TOTAL PROPOSED 97 STALLS (121 EXISTING - 45 REMOVED + 21 NEW) EXHIBIT G Page 354 of 362 D D D D D 10 10 121255510 10 10 10 101010 10 DODD LANE(BITUMINOUS PUBLIC STREET)OUTLOT AL O R D O F L I F E L U T H E R A N C H U R C H A D D I T I O NLOT 1 BLOCK 1 F I R S T A D D I T I O NOUTLOT BPER DOC . NO . 1334192 (PER PLAT )DRAINAGE AND UT IL ITY EASEMENT PER DOC. NO. 1994348 (PER PLAT)METCOUNCIL SANITARY SEWER EASEMENT80 66 PIV CO MB 15" 6"9" 11" EDGE OF WATER SEPT. 2023ELEVATION = 919.1 F I E L D S T O N E C R E E K CROSS UG GAS (PERFIELD MARKINGS)UG TELEPHONE (PERFIELD MARKINGS)UG ELECTRIC (PERFIELD MARKINGS)L O R D O F L I F E C H U R C H L A N D S C A P I N G LANDS C A PI N GLANDSCAPING E L E C P A N E L F L O O R E L E V = 9 3 5 . 3 F L O O R E L E V = 9 3 5 . 3 S H E D L A N D S C A P I N G L A N D S C A P I N GLANDSCAPINGLANDSCAPING L A N D S C A P I N G LANDSCAPINGF E N C E SET 1/2" IRON PIPE FOUND 1/2" IRON PIPE (BROKEN CAP) FOUND 1/2" IRON PIPE (MARKED 12294) FOUND 1/2" IRON PIPE (MARKED 12294) SET 1/2" IRON PIPE SET 1/2" IRON PIPE SET 1/2" IRON PIPE SET 1/2" IRON PIPE (MARKED 45507) SIGN CROSS PROJECT BENCMARK:TOP NUT HYDRANTELEVATION =936.50 FI R E C O N N . 48" RCPINV=924.7 10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT)10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT)5 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT) 10 FT. DRAINAGE AND UTILITY EASEMENT (PER PLAT) 12" PVC (PER AS-BUILT) 12" PVC (PER AS-BUILT)8" PVC (PER AS-BUILT)8" PVC (PER AS-BUILT)8" DIP (PER AS-BUILT)8" PVC 8" DIP (PER AS-BUILT) 15" RCP SAN MH RIM=933.3 INV=920.7 8" DIP (PER AS-BUILT) 33" RCP (PER PLAN) 18" RCP (PER PLAN) 18" RCP 36" RCP36" RCPRIM=931.4INV=925.4 48" RCP 42" RCP36" RCP (PER PLAN)36" RCP (PER PLAN)27" RCP (PER PLAN)12" DIP (PER AS-BUILT)60" RCP STORM (PER AS-BUILT)30" RCP SANITARY (PER AS-BUILT)SAN MHRIM=932.2 SAN MHRIM=931.9 SAN MHRIM=929.6 STORMMH RIM=931.2 STORMMH RIM=932.1 CBRIM=931.1 CBRIM=931.1 CBRIM=931.5CBRIM=931.4STMHRIM=931.2 BITUMINOUS PARKING AREA BITUMINOUS DRIVE BITUMIN O U S D R I V E C O N C R E T E S U R F A C E 12" D IP (PER AS -BU ILT )60" RCP STORM (PER AS -BU ILT )30" RCP SAN ITARY (PER AS -BU ILT ) DRAINAGE ANDUTILITY EASEMENT (PER PLAT) F I E L D S T O N E C R E E K 1 S T A D D I T I O N CBRIM=931.4INV=925.4 6" PVC (PER PLAN) RIM=932.2INV=925.6 GASMETERACS S S S ACACACTS T T T T E EDGE OF ICE JAN. 9, 2025ELEV=920.4 930935929931932933934931932 933 93193193293393493 4 930 935 931932933934 920 925 930 919 921922 923 924 926 927 928 929 931 932 920925930919921922923924926927928929931930 927928929 931 932 925926927928929930929931 9 3 0 PAD:935.67FFE:936.00 LP:930.48 G:930.94 G:933.85 G:933.95 ME:934.84 933933934 PAD:934.67FFE:935.00 PAD:933.67FFE:934.00 PAD:932.67FFE:933.00 PAD:933.17FFE:933.50 PAD:933.67FFE:934.00 PAD:934.17FFE:934.50 PAD:933.67FFE:934.00 PAD:933.17FFE:933.50 PAD:933.17FFE:933.50 PAD:933.67FFE:934.00 PAD:934.17FFE:934.50 93 1932 933 S89°57'37"W 565.87L=75.69R=1372.39=3°09'36"N04°23'36"W220.97S 8 5 ° 3 6 ' 2 4 "W 7. 0 0 N04°23'36"W496.51S89°22'34"E 591.84 N5 8 ° 0 6 ' 3 3 " W 81. 3 0 S89°57'37"W139.94 S04°13'54"E427.90S27°15 '13 "E383.60931932933933 934934932 G:934.86 G:934.86 925 930 921 922 923 924 926927928929 920 925 930 921 922 923924 926 927 928 929 931935935932933934936936930 9 3 1 9 3 2 933PROPOSED POND EXPANSION LP:930.61 LP:930.16 FES 201 WITH TRASH GUARDIE:925.00 N STMH 100 RE:934.47IE:925.33 NIE:925.33 S STMH 101 RE:931.85IE:925.34 NIE:925.34 S 10.00%9.37%1.58%1.57%1.42%1.42%1.15%1.16%2.84% 2.44%3.85%G:934.17 G:931.56 G:931.36 HP:932.50 T/G:933.56 G:933.28 G:933.36 G:931.69 G:931.09 G:931.17 G:932.81 G:934.06 G:933.04 G:932.57 G:932.09 T:933.54 T:933.07 T:932.59 T:934.56 T:933.30 T:931.67 T:931.59 T:932.19 T:933.86 T:934.37 G:931.29G:932.32 G:933.37 G:931.34 G:930.75 T:931.69T:932.72 T:933.77 T:931.74 T:931.15 G:931.38 T:931.78 T/G:932.62 T/G:932.52 933.27 932.95 932.71 932.60 T:934.06 G:933.56 G:932.63 G:931.62 T:934.57 T:933.02 T:932.02 T:931.96 T:931.76 T:931.34 HP:933.25 T:935.26 T:935.26 T:934.45 T:934.35 G:933.87 FES 200 WITH TRASH GUARDIE:925.00 N 934.02 934.10 933.62 933.70 932.92 933.00 932.60 932.52 931.82 931.90 931.40931.68 931.50 931.70 931.62 932.25 932.17 932.53 932.61 932.81 932.75 933.19 933.11 933.19 933.11 932.83 932.75 932.53 932.61 932.17 932.25 931.04 931.12 931.44 931.52932.17 932.25 932.57 932.65933.33 933.41 933.73 933.81 934.04 934.13 HP:934.67 HP:934.71 ME:933.98 ME:933.06 935.14 935.24 934.77 934.86 ME:931.00 1.00%1.00%934.22 T:933.78 ME:933.00 ME:933.92 ME:935.00 ME:932.00 STMH 99 RE:930.16IE:926.91 SW 27 LF - 24" RCP @ 0.25% 123 LF - 24" RCP @ 0.28% 86 LF - 18" PVC @ 0.30% 72 LF - 18" PVC @ 0.30% 227 LF - 18" PVC @ 0.30% 167 LF - 24" RCP @ 0.25% 132 LF - 24" RCP @ 0.25% ME:930.00 EOF:930.50 EOF:929.75 EOF:930.75 ME:930.88 ME:930.63 ME:931.76 T:933.93 G:933.53 G:931.19 T:931.59 G:932.78 T:933.18 931.30 931.22 T:932.90 10.00%10.00%10.00%8.78% 10.00%9.73%7.9 4 %8.69%5.44%4.37%4.30%8.11%9.86%2.90%5.88%5.93% 9 .00% 7 . 3 6% G:934.44 T:934.37 G:933.97 1 . 7 1% 932.37 932.48 932.59 G:932.68 934.23 932.25 934.65G:934.08 T:934.48 G:934.06 T:934.46 ME:933.13 HP:935.01 2.29%2.60%4.40%3.25% 3.00%1.69%1.91%4.86%4.30%2.08%2.07%2.55%3:1 3:1 3:11.54% T/G:933.11 T/G:933.54 ME:933.20 ME:932.30 933.13 933.18 933.85 933.92 1. 6 1% 0+00 1+00 2+00 3+00 4+00 5+00 6+00 6+65G:932.46 T/G:933.53 T/G:931.29 934.25 1.41% 931.75 933.933.35%3.57%1.03%932.26 ME:933.00ME:932.00ME:931.00 9349 3 3 932932933 933 933 933933934933 93 2 934.44 933.72 933.50 933.22 933.16 933.43 933.10 932.47 932.80 STMH CB 1 WITH WIER WALL AND ORIFICE STRUCTURE RE:930.61IE:925.75 EIE:925.75 S STMH CB 2 RE:930.48IE:925.48 S STMH CB 3 RE:930.42IE:925.41 NIE:925.41 S LP:930.42 930929928927926 925 924 923 922 921 920 919 918 917 916 915 914 913 912 911 9103:1 3:1 9259269279281.04% 30.24% 25.00% 0.84 %4:16.58%7.78%6.5 1 %5.61% 8.36% 9.40 % 9. 4 3 % 7.87 % 8.35%2.59% 1.64% 8.89% 2.52% 1.76% 9.45% 2.51% 1.75%1.65% 6.40% 6.85 % 2.48% 9.15%4:14:14:1NWL = 924.0' 10-YEAR PEAK WATER LEVEL = 926.63' 100-YEAR PEAK WATER LEVEL = 928.90' 3+00 900 910 920 930 940 950 960 900 910 920 930 940 950 960 932.9928.69STREET CROSS SECTION -30 -20 -10 0 10 20 30 PROPOSED GRADE EXISTING GRADE ©1CITY COMMENTS12/19/2024 RWC2CITY COMMENTS01/29/2025 RWCThis 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 2025 KIMLEY-HORN AND ASSOCIATES, INC.767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Frisbie Properties, LLC\Lakeville, MN Lord of Life\3 Design\CAD\PlanSheets\C5-GRADING PLAN.dwg March 03, 2025 - 12:08pmBYREVISIONSNo.DATE3CITY COMMENTS03/03/2025 RWC GRADING PLAN NOTES 1. PERFORM GRADING WORK IN ACCORDANCE WITH APPLICABLE CITY SPECIFICATIONS AND BUILDING PERMIT REQUIREMENTS. 2. CONTACT STATE 811 CALL-BEFORE-YOU-DIG LOCATING SERVICE AT LEAST TWO WORKING DAYS PRIOR TO EXCAVATION FOR UNDERGROUND UTILITY LOCATIONS. 3. CONTRACTOR SHALL BE RESPONSIBLE FOR ALL HORIZONTAL AND VERTICAL CONTROL. 4. FIELD VERIFY THE LOCATIONS AND ELEVATIONS OF EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO THE START OF LAND DISTURBING ACTIVITIES. NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES OR VARIATIONS IMPACTING THE PROPOSED DESIGN OF THE PROJECT. 5. IN PAVED AREAS, ROUGH GRADE TO SUBGRADE ELEVATION AND LEAVE THE SITE READY FOR SUB-BASE. 6. SUBGRADE EXCAVATION SHALL BE BACKFILLED IMMEDIATELY AFTER EXCAVATION TO HELP OFFSET ANY STABILITY PROBLEMS DUE TO WATER SEEPAGE OR STEEP SLOPES. WHEN PLACING NEW SURFACE MATERIAL ADJACENT TO EXISTING PAVEMENT, THE EXCAVATION SHALL BE BACKFILLED PROMPTLY TO AVOID UNDERMINING OF EXISTING PAVEMENT. 7. ELEVATIONS SHOWN REPRESENT FINISHED SURFACE GRADES. SPOT ELEVATIONS ALONG CURB & GUTTER REPRESENT THE FLOW LINE UNLESS OTHERWISE NOTED 8. EXCESS MATERIAL, BITUMINOUS SURFACING, CONCRETE ITEMS, ABANDONED UTILITY ITEMS, AND OTHER UNSTABLE MATERIALS SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF OFF THE CONSTRUCTION SITE. 9. CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTION OF PAVEMENTS AND CURB AND GUTTER WITH SMOOTH UNIFORM SLOPES THAT PROVIDE POSITIVE DRAINAGE TO COLLECTION POINTS. MAINTAIN A MINIMUM SLOPE OF 1.25% IN ASPHALT PAVEMENT AREAS AND A MINIMUM SLOPE OF 0.50% IN CONCRETE PAVEMENT AREAS. 10. MAINTAIN A MINIMUM SLOPE OF 0.50% ALONG CURB & GUTTER. REVIEW PAVEMENT GRADIENT AND CONSTRUCT "INFALL" CURB WHERE PAVEMENT DRAINS TOWARD THE GUTTER, AND "OUTFALL" CURB WHERE PAVEMENT DRAINS AWAY FROM THE GUTTER. 11. INSTALL A MINIMUM OF 4-INCHES OF AGGREGATE BASE MATERIAL UNDER PROPOSED CONCRETE CURB & GUTTER, SIDEWALKS, AND TRAILS UNLESS OTHERWISE DETAILED. 12. GRADING FOR SIDEWALKS AND ACCESSIBLE ROUTES, INCLUDING CROSSING DRIVEWAYS, SHALL CONFORM TO CURRENT STATE & NATIONAL ADA STANDARDS: ACCESSIBLE RAMP SLOPES SHALL NOT EXCEED 8.3% (1:12). SIDEWALK CROSS-SLOPES SHALL NOT EXCEED 2.0%. LONGITUDINAL SIDEWALK SLOPES SHALL NOT EXCEED 5.0%. ACCESSIBLE PARKING STALLS AND ACCESS AISLES SHALL NOT EXCEED 2.0% IN ANY DIRECTION. A MAXIMUM SLOPE OF 1.50% IS PREFERRED. SIDEWALK ACCESS TO EXTERNAL BUILDING DOORS AND GATES SHALL BE ADA COMPLIANT. NOTIFY ENGINEER IMMEDIATELY IF ADA CRITERIA CANNOT BE MET IN ANY LOCATION PRIOR TO PAVEMENT INSTALLATION. CHANGE ORDERS WILL NOT BE ACCEPTED FOR ADA COMPLIANCE ISSUES. 13. UPON COMPLETION OF LAND DISTURBING ACTIVITIES, RESTORE ADJACENT OFFSITE AREAS DISTURBED BY CONSTRUCTION TO MATCH OR EXCEED THE ORIGINAL CONDITION. LANDSCAPE AREAS SHALL BE RE-VEGETATED WITH A MINIMUM OF 4-INCHES OF TOPSOIL. 14. EXCAVATE DRAINAGE TRENCHES TO FOLLOW PROPOSED STORM SEWER ALIGNMENTS. REFER TO THE UTILITY PLANS FOR LAYOUT AND ELEVATIONS FOR PROPOSED SANITARY SEWER, WATER MAIN, AND OTHER BUILDING UTILITY SERVICE CONNECTIONS. PROPOSED STORM SEWER PROPERTY LINE EXISTING CONTOUR PROPOSED CONTOUR 928 925 PROPOSED SPOT ELEVATION100.00 LEGEND PROPOSED HIGH POINT ELEVATION HP:0.0 PROPOSED LOW POINT ELEVATION LP:0.0 ME:0.0 MATCH EXISTING ELEVATION PROPOSED STORM MANHOLE (SOLID CASTING) PROPOSED STORM MANHOLE (ROUND INLET CASTING) PROPOSED STORM MANHOLE/ CATCH BASIN (CURB INLET CASTING) PROPOSED STORM SEWER CLENOUT PROPOSED RIPRAP PROPOSED FLARED END SECTION WITH TRASH GUARD PROPOSED RIDGE LINE PROPOSED SWALE 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.ALAN CATCHPOOL, P.E.03/03/202547969DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16022200303/03/2025AS SHOWNRWCRWCALCPROPOSED EMERGENCY OVERFLOW ELEVATIONEOF:0.0 0.0%PROPOSED DRAINAGE DIRECTION STORM SEWER NOTES 1. INSTALL STORM SEWER IN ACCORDANCE WITH APPLICABLE CITY OR STATE SPECIFICATIONS, STATE PLUMBING CODE, AND BUILDING PERMIT REQUIREMENTS. 2. CONTACT STATE 811 CALL-BEFORE-YOU-DIG LOCATING SERVICE AT LEAST TWO WORKING DAYS PRIOR TO EXCAVATION FOR UNDERGROUND UTILITY LOCATIONS. 3. STORM SEWER PIPE SHALL BE AS FOLLOWS: RCP: ASTM C-76 HDPE: ASTM F-714, F-894 PVC: ASTM D-2729 PVC SCH40: ASTM D-1785, D-2665, F-794 DRAIN TILE SHALL BE AS FOLLOWS: PE: ASTM F-6667 PVC: ASTM D-2729 FITTINGS SHALL BE AS FOLLOWS: RCP: ASTM C-76, JOINTS PER ASTM C-361, C-990, AND C-443 HDPE: ASTM D-3212 PVC: ASTM D-2729, JOINTS PER ASTM D-3212 PVC SCH40: ASTM D-2665, F-794, F-1866 4. CONTRACTOR IS RESPONSIBLE FOR ALL HORIZONTAL AND VERTICAL CONTROL. 5. FIELD VERIFY THE LOCATIONS AND ELEVATIONS OF EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO THE START OF LAND DISTURBING ACTIVITIES. NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES OR VARIATIONS IMPACTING THE PROPOSED DESIGN OF THE PROJECT. 6. EXCAVATE DRAINAGE TRENCHES TO FOLLOW PROPOSED STORM SEWER ALIGNMENTS. REFER TO THE UTILITY PLANS FOR LAYOUT AND ELEVATIONS FOR PROPOSED SANITARY SEWER, WATER MAIN, AND OTHER BUILDING UTILITY SERVICE CONNECTIONS. REFER TO THE GRADING PLAN FOR DETAILED SURFACE ELEVATIONS. 7. EXCESS MATERIAL, BITUMINOUS SURFACING, CONCRETE ITEMS, ABANDONED UTILITY ITEMS, AND OTHER UNSTABLE MATERIALS SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF OFF THE CONSTRUCTION SITE. 8. COORDINATE WITH THE PLUMBING PLANS FOR THE LOCATION, SIZE AND ELEVATION OF THE PROPOSED UNDERGROUND ROOF DRAIN CONNECTIONS. 9. WHERE STORM SEWER ROOF DRAINS HAVE LESS THAN 4-FEET OF COVER IN PAVED AREAS OR 3-FEET OF COVER IN LANDSCAPE AREAS, PROVIDE 3-INCH THICK INSULATION A MINIMUM OF 5-FEET IN WIDTH, CENTERED ON THE PIPE. 10. ALL STORM SEWER PIPE JOINTS SHALL BE WATER-TIGHT CONNECTIONS. 11. ALL STORM SEWER PIPE CONNECTIONS TO MANHOLES SHALL BE GASKETED AND WATER TIGHT. BOOTED COUPLERS AT THE STRUCTURE OR A WATER STOP WITH NON-SHRINK GROUT MAY BE USED IN ACCORDANCE WITH LOCAL CODES. 12. CONTRACTOR SHALL AIR TEST ALL STORM SEWER PIPE IN ACCORDANCE WITH LOCAL CODE REQUIREMENTS.PREPARED FORGRADING ANDDRAINAGE PLANC500LORD OF LIFE TOWNHOMESFRISBIE PROPERTIES, LLCLAKEVILLEMNNORTH 0GRAPHIC SCALE IN FEET 40 20 40 80 Know what'sbelow. before you dig.Call(FG)(EG)EXHIBIT H Page 355 of 362 LANDSCAPE KEYNOTESLANDSCAPE LEGEND EXISTING DECIDUOUS TREE (TYP.) EDGER (TYP.) APPROXIMATE LIMITS OF SODDING / IRRIGATION (TYP.) LIMITS OF SEEDING, SEED ALL OTHER DISTURBED AREAS (TYP.) SEED WITH MNDOT RESIDENTIAL TURFGRASS (RT) SEED MIX (TYP.) SEED WITH MNDOT WET DITCH (WD) SEED MIX (TYP.) IRRIGATION BOX POINT OF CONNECTION (TYP.)POC A A B C D LANDSCAPE KEYNOTES EDGER (TYP.) DOUBLE SHREDDED HARDWOOD MULCH (TYP.) SOD (TYP.) TREE TO REMAIN / PROTECT IN PLACE (TYP.) D D D D DD D 1 2 5 6 7 8 9 10 11 12 14 13 16 15 17 18 20 19 2324 2122 3 4NEW ACCESS DRIVEPROPOSED PARKING EXPANSIONESPRIT COURT 665' CUL-DE-SAC 2,064 SF (TYP.) 1,825 SF (TYP.) Com m u n i t y O p e n P a v i l i o n PickleballDODD LANE(BITUMINOUS PUBLIC STREET)80 66 PIV CO MB L O R D O F L I F E C H U R C H F L O O R E L E V = 9 3 5 . 3 F L O O R E L E V = 9 3 5 . 3 S H E D F E N C E GASMETERACS S S S ACACACTS T T T T E RTRT RT RT RT C C CC C C C C C C CC C C C C C C C C C C C C C CCCCC C D 1 - BFR 3 - ERC 2 - WHP 1 - NPO 1 - CHB 2 - BFR 3 - ERC 4 - CHB 1 - ASM 1 - NWM 1 - SHL 1 - NWM 4 - BFR 2 - FFM 1 - ELM 3 - ERC 2 - MYS 1 - ELM 1 - FFM 1 - ASM 1 -CHB 1 -BRM 1 - ASM 1 - FFM 1 - ASM 1 - NWM 1 - ASM 1 - FFM 1 - ASM 1 - BRM 1 - ASM 1 - NPO 1 - FFM 1 - KCY 1 - RVB 1 - NPO 1 - KCY 1 - RVB 1 - NPO 1 - KCY 1 - RVB 1 - NPO 1 - KCY 1 - RVB 1 - NPO3 - BFR 2 - WHP 2 - FFM 2 - SWO 2 - SHL 2 - ELM 3 - CHB 2 - MYS 3 - WHP 2 - SWO 1 - SHL 1 - NPO 1 - SHL 1 - KCY 2 - SHL 1 - BFR 1 - SWO 2 - KCY 1 - RVB WD WD WD WD IRRIGATION BOX - POINT OF CONNECTION POC SEEDING KEYNOTES SEED WITH MNDOT 22-112: FIVE-YEAR STABILIZATION SEED MIX (TYP.) 22-112 SEED WITH MNDOT RESIDENTIAL TURFGRASS (RT) SEED MIX (TYP.)RT SEED WITH MNDOT WET DITCH (WD) SEED MIX (TYP.)WD SYMBOL CODE QTY COMMON NAME BOTANICAL NAME CONTAINER CAL. CONIFEROUS TREE BFR 11 BALSAM FIR ABIES BALSAMEA B & B 8` HT. ERC 9 EASTERN RED CEDAR JUNIPERUS VIRGINIANA B & B 8` HT. MYS 4 MEYER SPRUCE PICEA MEYERI B & B 8` HT. WHP 7 WHITE PINE PINUS STROBUS B & B 8` HT. OVERSTORY TREE ASM 7 AMERICAN SENTRY® LINDEN TILIA AMERICANA `MCKSENTRY`B & B 2.5" CAL. BRM 2 BRANDYWINE RED MAPLE ACER RUBRUM `BRANDYWINE`B & B 2.5" CAL. CHB 9 COMMON HACKBERRY CELTIS OCCIDENTALIS B & B 2.5" CAL. ELM 4 PRAIRIE EXPEDITION® AMERICAN ELM ULMUS AMERICANA `LEWIS & CLARK`B & B 2.5" CAL. FFM 8 FALL FIESTA® SUGAR MAPLE ACER SACCHARUM 'BAILSTA'B & B 2.5" CAL. KCY 7 ESPRESSO KENTUCKY COFFEETREE GYMNOCLADUS DIOICA `ESPRESSO`B & B 2.5" CAL. NPO 7 NORTHERN PIN OAK QUERCUS ELLIPSOIDALIS B & B 2.5" CAL. NWM 3 NORTHWOOD MAPLE ACER RUBRUM `NORTHWOOD`B & B 2.5" CAL. RVB 5 RIVER BIRCH SINGLE STEM BETULA NIGRA B & B 2.5" CAL. SHL 7 SKYLINE® HONEY LOCUST GLEDITSIA TRIACANTHOS INERMIS `SKYCOLE` B & B 2.5" CAL. SWO 5 SWAMP WHITE OAK QUERCUS BICOLOR B & B 2.5" CAL. PLANT SCHEDULE ©1CITY COMMENTS12/19/2024 RWC2CITY COMMENTS01/29/2025 RWCThis 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 2025 KIMLEY-HORN AND ASSOCIATES, INC.767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Frisbie Properties, LLC\Lakeville, MN Lord of Life\3 Design\CAD\PlanSheets\L1-LANDSCAPE PLAN.DWG March 03, 2025 - 12:15pm©BYREVISIONSNo.DATE3CITY COMMENTS03/03/2025 RWC LANDSCAPE REQUIREMENTS FOR ZONE RST - 2 LANDSCAPE SUMMARY DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALLANDSCAPE ARCHITECT UNDER THE LAWS OFTHE STATE OF MINNESOTA.MNLIC. NO.RYAN A. HYLLESTED, PLA03/03/202553828DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16022200303/03/2025AS SHOWNCFKATKRAHPREPARED FORLANDSCAPE PLANL100LORD OF LIFE TOWNHOMESFRISBIE PROPERTIES, LLCLAKEVILLEMNNORTH Know what'sbelow. before you dig.Call R 0GRAPHIC SCALE IN FEET 40 20 40 80 PROJECT VALUE MIN. LANDSCAPE VALUE BELOW $1,000,000 2% $1,000,001 - $2,000,000 $20,000 + 1% OF PROJECT VALUE IN EXCESS OF $1,000,000 $2,000,001 - $3,000,000 $30,000 + 0.75% OF PROJECT VALUE IN EXCESS OF $2,000,000 $3,000,001 - $4,000,000 $37,500 + 0.25% OF PROJECT VALUE IN EXCESS OF $3,000,000 OVER $4,000,000 1% NOTE: 1. SEE ENLARGEMENTS ON SHEET L101 FOR TYPICAL UNIT PLANTINGS AND AMENITY AREA PLANTINGS. 2. REAR YARD PLANTING FINAL LOCATIONS TO BE DETERMINED IN FIELD IN ORDER TO MAINTAIN EASE OF ACCESS FOR CITY AS NEEDED FOR MAINTENANCE. EXHIBIT I Page 356 of 362 3 - ALL 3 - PFG 3 - ANH 3 - LDN 3 - ANH 3 - PFG 3 - PCF A A B B A B A B AB 5 - NSG 5 - NSG 2 - TGA2 - LDN 7 - NSG 3 - TGA 7 - NSG 3 - VPA 4 - GVH 3 - VPA 5 - GRZ 4 - GVH 5 - GRZ 3 - ANH C C SYMBOL CODE QTY COMMON NAME BOTANICAL NAME CONTAINER SPACING CONIFEROUS SHRUBS TGA 7 TECHNY GLOBE ARBORVITAE THUJA OCCIDENTALIS 'TECHNY GLOBE'#5 CONT. 5` O.C. DECIDUOUS SHRUBS ANH 6 ANNABELLE HYDRANGEA HYDRANGEA ARBORESCENS `ANNABELLE` #5 CONT. 4` O.C. LDN 6 LITTLE DEVIL NINEBARK PHYSOCARPUS OPULIFOLIUS `DONNA MAY` TM #5 CONT. 4` O.C. ORNAMENTAL GRASSES NSG 30 NORTHWIND SWITCH GRASS PANICUM VIRGATUM 'NORTHWIND'#1 CONT.36" O.C. PERENNIALS BES 15 BLACK-EYED SUSAN RUDBECKIA FULGIDA `GOLDSTURM`#1 CONT. 18" O.C. PCF 6 PURPLE CONEFLOWER ECHINACEA PURPUREA #1 CONT. 24" O.C. WLC 7 WALKER'S LOW CATMINT NEPETA X 'WALKER'S LOW'#1 CONT. 18" O.C. PLANT SCHEDULE - TYPICAL UNIT 1-14 LANDSCAPE KEYNOTESLANDSCAPE LEGEND EXISTING DECIDUOUS TREE (TYP.) EDGER (TYP.) APPROXIMATE LIMITS OF SODDING / IRRIGATION (TYP.) LIMITS OF SEEDING, SEED ALL OTHER DISTURBED AREAS (TYP.) A A B C LANDSCAPE KEYNOTES EDGER (TYP.) DOUBLE SHREDDED HARDWOOD MULCH (TYP.) SOD (TYP.) SYMBOL CODE QTY COMMON NAME BOTANICAL NAME CONTAINER SPACING CONIFEROUS SHRUBS TGA 3 TECHNY GLOBE ARBORVITAE THUJA OCCIDENTALIS 'TECHNY GLOBE' #5 CONT. 5` O.C. DECIDUOUS SHRUBS ANH 6 ANNABELLE HYDRANGEA HYDRANGEA ARBORESCENS `ANNABELLE` #5 CONT. 4` O.C. GGD 6 GARDEN GLOW DOGWOOD CORNUS HESSEI `GARDEN GLOW`#5 CONT. 5` O.C. ORNAMENTAL GRASSES NSG 10 NORTHWIND SWITCH GRASS PANICUM VIRGATUM 'NORTHWIND'#1 CONT. 36" O.C. PERENNIALS BES 18 BLACK-EYED SUSAN RUDBECKIA FULGIDA `GOLDSTURM` #1 CONT. 18" O.C. WLC 10 WALKER'S LOW CATMINT NEPETA X 'WALKER'S LOW'#1 CONT. 18" O.C. PLANT SCHEDULE - TYPICAL UNIT 15-24 3 - ANH 3 - WLC 15 - BES 7 - WLC 3 - BES 3 - ANH 5 - PFG 3 - GGD 3 - TGA 5 - PFG 3 - GGD A A B B A B A B5 - GVH 5 - GVH C C C 12 - PDS 3 - GOJ 7 - WLC 3 - LDN 5 - NSG 5 - NSG 3 - PDS 2 - WLC A B C C SYMBOL CODE QTY COMMON NAME BOTANICAL NAME CONTAINER SPACING CONIFEROUS SHRUBS GOJ 3 GREY OWL JUNIPER JUNIPERUS VIRGINIANA `GREY OWL`#5 CONT. 4` O.C. DECIDUOUS SHRUBS LDN 3 LITTLE DEVIL NINEBARK PHYSOCARPUS OPULIFOLIUS `DONNA MAY` TM #5 CONT. 4` O.C. ORNAMENTAL GRASSES NSG 10 NORTHWIND SWITCH GRASS PANICUM VIRGATUM 'NORTHWIND'#1 CONT. 36" O.C. PDS 15 PRAIRIE DROPSEED SPOROBOLUS HETEROLEPIS #1 CONT. 18" O.C. PERENNIALS WLC 9 WALKER'S LOW CATMINT NEPETA X 'WALKER'S LOW'#1 CONT. 18" O.C. PLANT SCHEDULE - AMENITIES ©1CITY COMMENTS12/19/2024 RWC2CITY COMMENTS01/29/2025 RWCThis 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 2025 KIMLEY-HORN AND ASSOCIATES, INC.767 EUSTIS STREET, SUITE 100, ST. PAUL, MN 55114PHONE: 651-645-4197WWW.KIMLEY-HORN.COMK:\TWC_LDEV\Frisbie Properties, LLC\Lakeville, MN Lord of Life\3 Design\CAD\PlanSheets\L1-LANDSCAPE PLAN.DWG March 03, 2025 - 12:15pm©BYREVISIONSNo.DATE3CITY COMMENTS03/03/2025 RWC Know what'sbelow. before you dig.Call R PREPARED FORLANDSCAPEENLARGEMENTSL101LORD OF LIFE TOWNHOMESFRISBIE PROPERTIES, LLCLAKEVILLEMNTYPICAL LANDSCAPE ENLARGEMENT: UNITS 1-14 SCALE: 1"=10'L1011 DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALLANDSCAPE ARCHITECT UNDER THE LAWS OFTHE STATE OF MINNESOTA.MNLIC. NO.RYAN A. HYLLESTED, PLA03/03/202553828DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16022200303/03/2025AS SHOWNCFKATKRAH0GRAPHIC SCALE IN FEET 10 5 10 20 TYPICAL LANDSCAPE ENLARGEMENT: UNITS 15-24 SCALE: 1"=10'L1012 0GRAPHIC SCALE IN FEET 10 5 10 20 AMENITIES LANDSCAPE ENLARGEMENT SCALE: 1"=10'L1013 0GRAPHIC SCALE IN FEET 10 5 10 20 Page 357 of 362 TOWNHOUSE PROPERTY CHURCH PROPERTY(PARCEL A) (PARCEL B) PROJ. NO.Depiction and Description of Proposed Vacation EXHIBIT A 1 OF 1 KH23022 SHEET LAND SURVEYING, INC.CORNERSTONE Suite #200 1970 Northwestern Ave. Phone 651.275.8969 dan@cssurvey.net 0 NORTH 150 PROPOSED VACATION DESCRIPTION: All those particular drainage and utility easements over Lot 1, Block 1, LORD OF LIFE LUTHERAN CHURCH ADDITION, Dakota County, Minnesota as dedicated on said plat lying southerly of the following described line: Commencing at the southwest corner of said Lot 1; thence North 04 degrees 23 minutes 36 seconds West assumed bearing along the west line of said Lot 1 a distance of 297.77 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 185.96 feet; thence South 00 degrees 34 minutes 10 seconds West a distance of 20.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 217.01 feet; thence North 00 degrees 34 minutes 05 seconds East a distance of 19.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 69.99 feet; thence North 51 degrees 08 minutes 40 seconds East a distance of 45.29 feet; thence North 66 degrees 17 minutes 10 seconds East a distance of 88.60 feet; thence South 82 degrees 50 minutes 13 seconds East a distance of 99.44 feet; thence South 51 degrees 57 minutes 36 seconds East a distance of 97.01 feet; thence South 21 degrees 05 minutes 00 seconds East a distance of 49.68 feet; thence North 83 degrees 29 minutes 36 seconds East a distance of 20.14 feet to the east line of said Lot 1 and said line there terminating. DENOTES PROPOSED DRAINAGE AND UTILITY TO BE VACATED EXHIBIT J Page 358 of 362 EXHIBIT KPage 359 of 362 Page 360 of 362 Page 361 of 362 Lakeville Twin Homes: Exterior Image Examples for Stone and Siding Colors Completed Project in Lake Elmo, MN Stone Material Example Stone/Siding Colors Page 362 of 362