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04-21-2025
AGENDA CITY COUNCIL MEETING April 21, 2025 - 6:00 PM City Hall Council Chambers Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join the meeting via Teams Meeting, Meeting ID: 271 988 463 364 or by calling Toll Number 1-323-433-2142; Conference ID: 815 799 765#. The mayor will allow for public comments and questions at the appropriate time. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a council member’s personal judgment. 1. Call to order, moment of silence and flag pledge 2. Roll Call 3. Citizen Comments 4. Additional agenda information 5. Presentations/Introductions a. National Day of Prayer Proclamation b. Fire Department Badging Recognition c. Fire Department Quarterly Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 04/07/2025 City Council Meeting c. Agreement with Irrigation by Design for Professional Services for Irrigation Management and Maintenance Services d. Resolution Accepting Donations from Customers of Lakeville Liquors e. Resolution Appointing a Deputy Clerk f. Proposal from Webber Recreational Design, Inc. for Kensington Park Playground Equipment and Installation g. Resolution Authorizing Temporary Closing of City Streets for Pan-O-Prog Events h. Agreement with Metropolitan Council for Volunteer Lake Monitoring Program i. Proposal from St. Croix Recreation, Inc. for Marion Fields Park Playground Equipment j. Resolution Postponing the Start Time of the Monday, April 28, 2025, City Council Page 1 of 255 City Council Meeting Agenda April 21, 2025 Page 2 Work Session k. Resolution Amending the 2025 Fee Schedule to Include Cannabis Retail Business Registration Fees l. An Ordinance Amending Title 8, Chapters 1 and 2 of the Lakeville City Code Concerning the Fire Department and Explosives m. Proposal from Farmers Mill and Elevator, Inc. for Grand Prairie Park Fertilizer n. Agreement with Twin Cities Recreation, Inc. for Marion Fields Park Playground Equipment Installation o. Agreement with Xcel Energy for Streetlight Replacement p. Airlake DEA 2nd Addition Final Plat q. Joint Powers Agreement with Dakota County for CSAH 70 Intersection Improvements with Lakeville 35 Logistics Center North Addition r. Joint Powers Agreement with Dakota County for Pilot Knob Road and 170th Street Traffic Signal System Improvements s. Resolution Adopting Assessments for City Improvement Project 25-02 and Repealing Resolution No. 25-053 t. Contract Amendment for Ipava Avenue Tree Watering and Maintenance Services 7. Action Items a. Pumpkin Creek Preliminary Plat and Rezoning 8. Unfinished Business 9. New Business 10. Announcements a. Next Work Session Meeting April 28, 2025 b. Next City Council Meeting May 5, 2025 11. Adjourn to a closed session a. Adjourn to a closed session to discuss the land acquisition of PID No. 22-73370-00- 070 and 22-00900-79-011, pursuant to Minn. Stat. 13D.05 Subd. 3(c)(3). Page 2 of 255 Date: 4/21/2025 Fire Department Badging Recognition Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 3 of 255 Date: 4/21/2025 Fire Department Quarterly Report Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 4 of 255 Date: 4/21/2025 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview Checks 325685- 325809 $917,208.50 ACH/EFT 20331- 20495 $2,904,001.94 Total $3,821,210.44 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. 04.08.25CKSUM-Checks 2. 04.08.25CKSUM-ACH-EFT 3. Check Register 04.08.25 for Apr 21, 2025 Council Mtg - Checks 4. Check Register 04.08.25 for Apr 21, 2025 Council Mtg - ACH-EFT Financial Impact: $3,821,210.44 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 5 of 255 Page 6 of 255 Page 7 of 255 MINUTES CITY COUNCIL MEETING April 7, 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; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3.Citizen Comments John Borup, 20735 Hollins Avenue West, addressed the City Council about his concern with a level three sex offender living in the downtown neighborhood of Lakeville. 4.Additional agenda information City Administrator Miller noted that there was a revised contract for item 6N on the consent agenda. The location of the project was updated in the contract. 5.Presentations/Introductions a.CricHub Sports Academy Scholarship Fund Donation Park and Recreation Director Joe Masiarchin received a check from CricHub Sports Academy Scholarship Fund Donation. Funds will benefit the youth cricket program in Lakeville. b.2025 Arbor Day Proclamation Mayor Hellier proclaimed April 26, 2025, as Arbor Day. c.Public Works Quarterly Report Public Works Director Paul Oehme presented the quarterly report. 6.Consent Agenda Motion was made by Wolter, seconded by Bermel, to approve the following: Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a.Check Register Summary Page 8 of 255 City Council Meeting Minutes April 7, 2025 Page 2 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 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 Public Works Director Paul Oehme kicked off the presentation for the 2025 Street Reconstruction/Rehabilitation Improvement Project 25-02. This project was initiated by 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 water main. The Street Rehabilitation improvements involve milling and overlaying, along with spot curb and gutter replacement. Page 9 of 255 City Council Meeting Minutes April 7, 2025 Page 3 Rachael Shy, WSB presented the project costs. She explained that on Tuesday, March 4, 2025, the City received five bids for the construction of City Project 25-02, and the 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. The 2025 Street Reconstruction/Rehabilitation project is partially funded with property tax levies, of which a portion is financed through assessments to benefit property owners. Pursuant to the requirements of Minnesota Statutes, Chapter 429, for local improvements, two public hearings are required. Mayor Hellier opened the public hearing at 6:38 p.m. There were no comments from the public. Motion was made by Bermel, seconded by Volk, to close the public hearing at 6:39 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Lee, seconded by Wolter, 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. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter b.Public Hearing for Vacation of Drainage and Utility Easements and Spirit of Brandtjen Farm 25th Addition Preliminary Plat and PUD Amendment Community Development Director Tina Goodroad presented the staff report on the proposal to vacation drainage and utility easements and the Spirit of Brandtjen Farm 25th Addition Preliminary Plat and PUD Amendment. Mayor Hellier opened the public hearing at 6:46 p.m. There were no comments from the public. Motion was made by Volk, seconded by Lee, to close the public hearing at 6:47 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Bermel, seconded by Volk, 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. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter c.Public Hearing and Resolution Adopting Assessment For Unpaid Special Charges Finance Director Julie Stahl provided the background for the assessment for unpaid special charges for delinquent utility bills, nuisance abatement and unpaid false alarm charges, and tree removal charges. Page 10 of 255 City Council Meeting Minutes April 7, 2025 Page 4 Mayor Hellier opened the public hearing at 6:49 p.m. There were no comments from the public. Motion was made by Wolter, seconded by Bermel, to close the public hearing at 6:50 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Wolter, seconded by Volk, to approve Resolution Adopting Assessments for the Unpaid Special Charges. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter d.Lord of Life Townhomes Preliminary Plat, Variance, and Easement Vacation Matt Frisbee, Frisbee Properties with Lord of Life, has requested the Preliminary Plat application and plans for Lord of Life Townhomes, which consist of 24 twin home lots on 5.74 acres located south of Dodd Boulevard and east of Dodd Lane. Community Development Director Tina Goodroad presented the staff report. The Planning Commission held a public hearing at its March 20, 2025, meeting, and no comments were received. The commission unanimously recommended approval. Motion was made by Lee, seconded by Bermel, 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) a resolution vacating drainage and utility easements. The preliminary plat plans have been reviewed by the Engineering Division and Park and Recreation Department staff. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 8.Unfinished Business None 9.New Business None 10.Announcements a.Next Regular City Council Meeting April 21, 2025 b.Next Work Session Meeting April 28, 2025 11.Adjourn Motion was made by Wolter, seconded by Lee, to adjourn at 6:54 p.m. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Respectfully Submitted, Page 11 of 255 City Council Meeting Minutes April 7, 2025 Page 5 __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 12 of 255 Date: 4/21/2025 Agreement with Irrigation by Design for Professional Services for Irrigation Management and Maintenance Services Proposed Action Staff recommends adoption of the following motion: Move to approve an agreement with Irrigation by Design for professional services for the management and maintenance of public irrigation systems. Overview City staff separated irrigation management and irrigation maintenance from the 2025 Standard Landscape Maintenance Contract to improve oversight and upkeep of public irrigation systems. Standard maintenance is performed at parks, well houses, lift stations, and parkway boulevards. The agreement establishes City and Irrigation by Design project responsibilities and costs. The City's estimated total cost for 2025 irrigation management and maintenance services is $20,764 (April 1, 2025, to October 31, 2025). Supporting Information 1. 2025.04.21 Agreement for Professional Services - IBD 2. 2025.04.15 Supplemental Agreement - IBD Financial Impact: $20,764.40 Budgeted: Yes Source: Water Operating Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Maria Friedges, Environmental Resource Specialist Page 13 of 255 1 MASTER AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES AGREEMENT dated September 20, 2021, made between the CITY OF LAKEVILLE, a Minnesota municipal corporation, hereinafter called the "OWNER", and _IRRIGATION BY DESIGN, INC, hereinafter called the "ENGINEER". OWNER intends to secure professional ENGINEERING services, according to the terms of this Agreement. 1. SUPPLEMENTAL AGREEMENT. OWNER intends to secure professional consulting engineering, architectural, planning and/or land survey services on an ongoing basis for general City services and multiple projects, according to the terms of this Agreement. OWNER and ENGINEER shall enter into project specific supplemental agreements. This Master Agreement shall be deemed incorporated into the supplemental agreements unless a supplemental agreement specifically provides that it is not incorporated. If there is a conflict between the terms of the supplemental agreement and this Master Agreement, the terms of this Master Agreement shall control unless the supplemental agreement specifically provides that despite the conflict, the terms of the supplemental agreement apply. 2. PUBLIC IMPROVEMENT PROJECT SERVICES OF ENGINEER. 2.1. STUDY AND REPORT PHASE / FEASIBILITY REPORT. 2.1.1. Consult with OWNER to clarify and define OWNER'S requirements for the project, review available data and attend necessary meetings and be available for general consultation. 2.1.2. Advise OWNER as to the necessity of OWNER'S providing or obtaining from others data or services of the types described in section 4, and assist OWNER in obtaining such data and services. 2.1.3. Identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project and participate in consultations with such authorities. 2.1.4. Provide analyses of OWNER'S needs, planning surveys, site evaluations and comparative studies of prospective sites and solutions. 2.1.5. Provide a general economic analysis of OWNER'S requirements applicable to various alternatives. 2.1.6. The ENGINEER shall conduct and prepare preliminary studies, layouts, sketches, preliminary field work, preliminary cost estimates, and estimates of assessment rates, and shall assist Page 14 of 255 2 the OWNER in obtaining required subsurface investigations as required for the preparation of the Feasibility Reports. Feasibility Reports shall conform to the requirements of Minn. Stat. Chapter 429 if the cost of the project may be assessed in whole or part. Feasibility Reports shall contain schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate clearly the considerations involved (including applicable requirements of governmental authorities having jurisdiction as aforesaid) and the alternative solutions available to OWNER and setting forth ENGINEER'S findings and recommendations. Feasibility Reports will be accompanied by ENGINEER'S opinion of probable costs for the project, including the following which will be separately itemized: construction cost and indirect cost consisting of engineering costs and contingencies, and (on the basis of information furnished by OWNER) allowances for such other items as charges of all other professionals and consultants, for the cost of land and rights-of-way, for compensation for or damages to properties, for interest and financing charges and for other services to be provided by others for OWNER. The total of all construction and indirect costs are hereinafter called "Total Project Costs". 2.1.7. Furnish five (5) printed copies of the Feasibility Report documents and one (1) electronic file and review them in person with the OWNER. 2.1.8. The ENGINEER shall assist with presenting the Feasibility Reports to the proper reviewing agencies and to the City Council. The ENGINEER shall appear at the public hearing to present the information. 2.2. PRELIMINARY DESIGN PHASE. 2.2.1. In consultation with the OWNER and on the basis of the accepted Feasibility Report documents, determine the general scope, extent and character of the project; attend necessary meetings and be available for general consultation. 2.2.2. Prepare Preliminary Design documents consisting of final design criteria, preliminary drawings, outline specifications and written descriptions of the project. 2.2.3. Advise the OWNER if additional data or services of the types described in paragraph 4.4 are necessary and assist OWNER in obtaining such data and services. 2.2.4. Based on the information contained in the Preliminary Design documents, submit a revised opinion of probable Total Project Costs. 2.2.5. Furnish preliminary legal descriptions and exhibits for all permanent and temporary easements anticipated to construct the project. 2.2.6. Furnish three (3) copies of the above Preliminary Design documents and one (1) electronic copy and present and review them in person with the OWNER. Page 15 of 255 3 2.3. FINAL DESIGN PHASE. 2.3.1. On the basis of the accepted Preliminary Design documents, the OWNER'S design standards, and the revised opinion of probable Total Project Costs, prepare for incorporation in the Bidding Documents final drawings to show the general scope, extent and character of the work to be furnished and performed by Contractor(s) (hereinafter called "Plans") and Specifications. 2.3.2. Provide technical criteria, written descriptions and design data for use in filing applications for permits with or obtaining approvals of such governmental authorities as have jurisdiction to approve the design of the project, and assist the OWNER in consultations with appropriate authorities. The ENGINEER shall submit all applications and permit support data to the appropriate agencies and submit copies to the OWNER. 2.3.3. Based on property information received from the OWNER in accordance with paragraph 4.4, provide legal descriptions and exhibits for all easements, property surveys or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable Contractor(s) to proceed with their work. 2.3.4. Advise the OWNER of any adjustments to the latest opinion of probable Total Project Costs caused by changes in general scope, extent or character or design requirements of the project or construction costs. Furnish to the OWNER a revised opinion of probable Total Project Costs based on the Plans and Specifications. 2.3.5. Prepare for review and approval by the OWNER, its legal counsel and other advisors contract agreement forms, general conditions and supplementary conditions, and (where appropriate) bid forms, invitations to bid and instructions to bidders, and assist in the preparation of other related documents. 2.3.6. Attend necessary hearings and meetings and be available for general consultation. 2.3.7. Furnish three (3) copies of the listed Final Design documents, including the Plans and Specifications, and present and review them in person with the OWNER. 2.3.8. The ENGINEER shall furnish one copy of all design calculations when requested by the OWNER. 2.4. BIDDING OR NEGOTIATING PHASE. 2.4.1. The ENGINEER shall prepare and forward the Advertisement for Bids to the designated publications, official newspaper and the OWNER. The ENGINEER shall supply up to thirty (30) sets of full-size final Plans and Specifications for use in obtaining bids and submitting for general review. The ENGINEER shall maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid meetings and receive and process deposits for Bidding Documents. 2.4.2. Prepare Contract Documents. Page 16 of 255 4 2.4.3. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents. 2.4.4. Consult with and advise the OWNER as to the acceptability of the prime contractor and subcontractors, suppliers, and other persons and organizations proposed by the prime contractor(s) (herein called "Contractor(s)") for the portions of the work where acceptability is required by the Bidding Documents. 2.4.5. Consult with and advise the OWNER concerning and determining the acceptability of substitute materials and equipment proposed by Contractor(s) when substitution prior to the award of contract is allowed by the Bidding Documents. 2.4.6. Attend the bid opening, prepare bid tabulation sheets and assist the OWNER in evaluating bidder qualifications and recommendations on bids, and in assembling and awarding contracts for construction, materials, equipment and services. 2.5. CONSTRUCTION PHASE. 2.5.1. General Administration of Construction Contract. The ENGINEER shall consult with and advise the OWNER and act as the OWNER'S representative. All of the OWNER'S instructions to Contractor(s) will be issued through the ENGINEER who will have authority to act on behalf of the OWNER to the extent provided in the General Conditions except as otherwise provided in writing. The General Conditions shall not be modified without the written agreement of the OWNER. 2.5.2. Visits to Site and Observation of Construction. In connection with observations of the work of Contractor(s) while it is in progress: 2.5.2.1. The ENGINEER shall make visits to the site at intervals appropriate to the various stages of construction as the ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress and quality of the various aspects of Contractor(s) work. In addition, if requested by the OWNER, the ENGINEER shall provide the services of a Resident Project Representative (and assistants as agreed) at the site to assist the ENGINEER and to provide more continuous observation of such work. Based on information obtained during such visits and on such observations, the ENGINEER shall endeavor to determine in general if the work is proceeding in accordance with the Contract Documents and the ENGINEER shall keep the OWNER informed of the progress of the work. 2.5.2.2. The Resident Project Representative (and any assistants) will be the ENGINEER'S agent or employee and under the ENGINEER'S supervision. 2.5.2.3. The purpose of the ENGINEER'S visits to and representation by the Resident Project Representative (and assistants, if any) at the site will be to enable the ENGINEER to better carry out the duties and responsibilities assigned to and undertaken by the ENGINEER during the Construction Phase, and, in addition, by exercise of the ENGINEER'S efforts as an experienced and qualified design professional, to provide for the OWNER a greater degree of confidence that the completed work of Contractor(s) will conform to the Contract Documents Page 17 of 255 5 and that the integrity of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor(s). On the other hand, the ENGINEER shall not, during such visits or as a result of such observations of Contractor(s)' work in progress, supervise, direct, or have control over Contractor(s)' work, nor shall the ENGINEER have control or charge of and shall not be responsible for the Contractor(s)' means, methods, techniques, sequences, or procedures of construction selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes, or orders applicable to Contractor(s) furnishing and performing their work. Accordingly, the ENGINEER can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility for Contractor(s)' failure to furnish and perform their work in accordance with the Contract Documents. 2.5.2.4. If the ENGINEER observes or otherwise becomes aware of defects or deficiencies in the work, or nonconformance to the Contract Documents, the ENGINEER shall promptly give written notice thereof to the OWNER. 2.5.3. Defective Work. During such visits and on the basis of such observation, the ENGINEER may disapprove of or reject Contractor(s) work while it is in progress if the ENGINEER believes that such work will not produce a completed project that conforms generally to the Contract Documents or that it will prejudice the integrity of the design concept of the Project as reflected in the Contract Documents. 2.5.4. Interpretations and Clarifications. The ENGINEER shall issue necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change orders as required for the OWNER'S approval. 2.5.5. Shop Drawings. The ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings, samples and other data which Contractor(s) are required to submit, but only for conformance with the design concept of the project and compliance with the information given in the Contract Documents. Such reviews and approvals or other action shall not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. 2.5.6. Substitutes. The ENGINEER shall evaluate and determine the acceptability of substitute materials and equipment proposed by Contractor(s). 2.5.7. Inspections and Tests. The ENGINEER shall have authority, as the OWNER'S representative, to require special inspection or testing of the work by Contractor, and shall receive and review all certificates of inspections, testing and approvals required by laws, rules, regulations, ordinances, codes, orders or the Contract Documents (but only to determine generally that their content complies with the requirements of, and the results certified indicate compliance with, the Contract Documents). The ENGINEER shall be entitled to rely on the results of such tests. Page 18 of 255 6 2.5.8. Claims. The ENGINEER shall respond to all written claims submitted by Contractor in a timely fashion. The ENGINEER shall not be liable for the results of any such interpretations or decisions rendered in good faith. 2.5.9. Applications for Payment. Based on the ENGINEER'S on-site observations as an experienced and qualified design professional, on information provided by the Resident Project Representative and on review of applications for payment and the accompanying data and schedules: 2.5.9.1. The ENGINEER shall determine the amounts owing to Contractor(s) and recommend in writing payments to Contractor(s) in such amounts and the OWNER shall verify the amounts. Such recommendations of payment will constitute a representation to the OWNER, based on such observations and review, that the work has progressed to the point indicated, and that, to the best of the ENGINEER'S knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents and to any other qualifications stated in the recommendation). In the case of unit price work, the ENGINEER'S recommendations of payment will include final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents). 2.5.9.2. By recommending any payment the ENGINEER will not thereby be deemed to have represented that exhaustive, continuous or detailed reviews or examinations have been made by the ENGINEER to check the quality or quantity of Contractor(s)' work as it is furnished and performed beyond the responsibilities specifically assigned to the ENGINEER in this Agreement and the Contract Documents. The ENGINEER'S review of Contractor(s)' work for the purposes of recommending payment will not impose on the ENGINEER responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences or procedures of construction or safety precautions or programs incident thereto or Contractor(s)' compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and performing the work. It will also not impose on the ENGINEER responsibility to make any examination to ascertain how or for what purposes any Contractor has used the money paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to the OWNER free and clear of any lien, claims, security interests or encumbrances, or that there may not be other matters at issue between the OWNER and Contractor that might affect the amount that should be paid. 2.5.10. Contractor(s)' Completion Documents. The ENGINEER shall receive and review maintenance and operating instructions, schedules, guarantees, bonds and certificates of insurance, tests and approvals which are to be assembled by Contractor(s) in accordance with the Contract Documents (but such review will only be to determine that their content complies with the requirements of, and in the case of certificates on inspection, tests and approvals the results certified indicate compliance with, the Contract Documents); and shall transmit them to the OWNER with written comments. Page 19 of 255 7 2.5.11. Inspections. The ENGINEER shall conduct an inspection to determine if the work is substantially complete and a final inspection to determine if the completed work is acceptable so that the ENGINEER may recommend, in writing, final payment to Contractor(s) and give written notice to the OWNER and the Contractor(s) that the work is acceptable (subject to any conditions therein expressed), but any such recommendation and notice will be subject to the limitations expressed in paragraph 2.5.5. 2.5.12. Limitation of Responsibilities. The ENGINEER shall not be responsible for the acts or omissions of any Contractor, or of any subcontractor or supplier, or any of the Contractor(s)' or subcontractors' or suppliers' agents or employees of any other persons (except the ENGINEER'S own employees and agents) at the site or otherwise furnishing or performing any of the Contractor(s)' work; however, nothing contained in paragraphs 2.5.1 through 2.5.12 inclusive, shall be construed to release the ENGINEER from liability for failure to properly perform duties and responsibilities assumed by the ENGINEER in the Contract Documents. 2.6. OPERATIONAL PHASE. 2.6.1. Provide assistance in the closing of any financial or related transaction for the project. 2.6.2. Provide assistance in connection with the refining and adjusting of any equipment or system. 2.6.3. Assist the OWNER in training the OWNER'S staff to operate and maintain the project. Extensive training shall be mutually agreed upon within the Supplemental Agreement as Additional Services as defined in section 3 of this Agreement. 2.6.4. Assist the OWNER in developing systems and procedures for control of the operation and maintenance of and record keeping for the project. 2.6.5. Within sixty (60) days after completion of a project, prepare a set of reproducible record prints of Drawings and an Adobe PDF electronic version that satisfy the OWNER’S Record Drawing requirements, showing those changes made during the construction process, based on the marked-up prints, drawings and other data furnished by Contractor(s) to the ENGINEER and which the ENGINEER considered significant. The ENGINEER will not be responsible for any errors or omissions in the information provided by Contractor that is incorporated in the record drawings and record documents. Final payment will be made only after record drawings are received by the OWNER. 2.6.6. In company with the OWNER, visit the project to observe any apparent defects in the completed construction, assist the OWNER in consultations and discussions with Contractor(s) concerning correction of such deficiencies, and make recommendations as to replacement or correction of defective work. 2.6.7. Assist the OWNER in preparation of assessment roll for OWNER improvement projects, and attend assessment hearings. Page 20 of 255 8 3. ADDITIONAL PUBLIC IMPROVEMENT PROJECT SERVICES OF ENGINEER. 3.1. SERVICES REQUIRING ADVANCE AUTHORIZATION. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others additional services of the types listed in paragraphs 3.1.1 to 3.1.12, inclusive. These services are not included as part of the services listed in section 2 except to the extent provided otherwise by attached Supplemental Agreement or Work Order and will be paid by the OWNER as indicated in section 6. 3.1.1. Preparation of applications and supporting documents (in addition to those furnished under the services listed in section 2) for private or governmental grants, loans or advances in connection with the project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project. 3.1.2. Field Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished to the OWNER by others, including surveys to verify location or improve accuracy of record information provided by Contractor under paragraph 2.6.5. 3.1.3. Services resulting from significant changes in the general scope, extent or character of the project or its design including, but not limited to, changes in size, complexity, the OWNER'S schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the ENGINEER'S control. 3.1.4. Providing renderings or models for the OWNER'S use. 3.1.5. Preparing documents for alternate bids requested by the OWNER for Contractor(s)' work which is not executed or documents for out-of-sequence work. 3.1.6. Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for the project; evaluating processes available for licensing; assisting the OWNER in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by the OWNER. 3.1.7. Furnishing services of independent professional associates and consultants for other than basic services (which include, but are not limited to, customary civil, structural, mechanical and electrical engineering and customary architectural design incidental thereto); and providing data or services of the types described in paragraph 4.4 when the OWNER employs the ENGINEER to provide such data or services in lieu of furnishing the same in accordance with paragraph 4.4. Page 21 of 255 9 3.1.8. Services during out-of-town travel required of the ENGINEER other than visits to the site or the OWNER'S office. 3.1.9. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except when such assistance is required to complete services called for in paragraph 2.4. 3.1.10. Preparation of operating, maintenance and staffing manuals to supplement the services listed under paragraph 2.5.10. 3.1.11. Preparing to serve or serving as a consultant or witness for the OWNER in any litigation, arbitration or other legal or administrative proceeding involving the project unless the ENGINEER is a defendant (except for assistance in consultations which is included in the services listed in section 2). 3.1.12. Additional services in connection with the project, including services which are to be furnished by the OWNER in accordance with section 4, and services not otherwise provided for in this Agreement. 3.2. SERVICES NOT REQUIRING ADVANCE AUTHORIZATION. When required by the Contract Documents in circumstances beyond ENGINEER'S control, ENGINEER shall furnish or obtain from others, as circumstances require during construction and without waiting for specific authorization from OWNER, additional services listed in paragraphs 3.2.1 to 3.2.5, inclusive. These services are not included as part of the services listed in section 2 except to the extent provided otherwise by attached Supplemental Agreement. The ENGINEER shall advise OWNER promptly after starting any such additional services which will be paid by OWNER. 3.2.1. Services in connection with work directive changes and change orders to reflect changes requested by OWNER if the resulting change in compensation for services listed in section 2 is not commensurate with the additional services rendered. 3.2.2. Services in revising Plans and Specifications by the acceptance of substitutions proposed by Contractor(s); and services after the award to each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor. 3.2.3. Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 3.2.4. Additional or extended services during construction made necessary by: (a) work damaged by fire or other cause during construction, (b) significant amount of defective or neglected work of any Contractor, (c) acceleration of the progress schedule involving services beyond normal working hours, and (d) default by any Contractor. 3.2.5. Services (other than services listed in section 2 during the Operational Phase) in connection with any partial use of any part of the project by OWNER prior to Substantial Completion. Page 22 of 255 10 4. OWNER'S PUBLIC IMPROVEMENT PROJECT RESPONSIBILITIES. OWNER shall do the following: 4.1. Designate in writing a person to act as the OWNER'S representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, and interpret and define the OWNER'S policies and decisions with respect to the ENGINEER'S services for the project. 4.2. Provide criteria and information as to the OWNER'S requirements for the project, including design objectives, constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of design and construction standards the OWNER will require to be included in the Plans and Specifications. 4.3. Assist the ENGINEER by placing at the ENGINEER'S disposal all available information pertinent to the project, including previous reports and any other data relative to design or construction of the project. 4.4. Furnish to ENGINEER as required for performance of ENGINEER'S services listed in section 2, except to the extent provided otherwise by attached amendment: 4.4.1. Data prepared by or services of others, including without limitation, borings, and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment. 4.4.2. Appropriate professional interpretations of all the foregoing. 4.4.3. Environmental assessment and impact statements, if needed. 4.4.4. Property, boundary, easement, right-of-way, topographic and utility surveys. 4.4.5. Property descriptions. 4.4.6. Zoning, deed and other land use restrictions. All of which the ENGINEER may use and rely upon in performing services under this Agreement. 4.5. Provide engineering surveys or authorize the ENGINEER to establish reference points for construction to enable Contractor(s) to proceed with the layout of the work. 4.6. Arrange for access to and make all provisions for the ENGINEER to enter upon public and private property as required for the ENGINEER to perform services under this Agreement. 4.7. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by the ENGINEER. Obtain advice of an attorney, insurance counselor and other consultants as the OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the ENGINEER. Page 23 of 255 11 4.8. Prepare applications and provide support for approvals and permits from all governmental authorities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. 4.9. Provide accounting, independent cost estimating and insurance counseling services as may be required for the project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the monies paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulations, ordinance, code or order applicable to their furnishing and performing the work. 4.10. If the OWNER designates a person to represent the OWNER at the site who is not the ENGINEER or the ENGINEER'S agent or employee, the duties, responsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of the ENGINEER and the Resident Project Representative (and any assistants) will be set forth in a supplemental agreement. 4.11. If more than one prime contract is to be awarded for construction, materials, equipment and services for the entire project, designate a person or organization to have authority and responsibility for coordinating the activities among the various prime contractors. 4.12. Furnish to the ENGINEER data or estimated figures as to the OWNER'S anticipated costs for services to be provided by others for the OWNER so that the ENGINEER may make the necessary findings to support opinions of probable Total Project Costs. 4.13. Attend the pre-bid meeting, bid opening, pre-construction meetings, construction progress and other job-related meetings, and substantial completion and final payment inspections. 4.14. Give prompt written notice to the ENGINEER whenever the OWNER observes or otherwise becomes aware of any development that affects the scope of timing of the ENGINEER'S services, or any defect or nonconformance in the work of any Contractor. 4.15. Furnish, or direct the ENGINEER to provide additional services as stipulated in paragraph 3.1 of this Agreement or other services as required. 4.16. Require all Private Utilities with facilities in the OWNER’S rights-of-way to: (a) Locate and mark said utilities upon request; (b) Relocate and/or protect said utilities as determined necessary to accommodate the proposed Work; (c) Submit a schedule of the necessary relocation/protection activities to the OWNER for review. 4.17. Bear all costs incidental to compliance with the requirements of this section 4. Page 24 of 255 12 5. PERIODS OF PROJECT SERVICE. 5.1. The provisions of section 6 and the various rates of compensation for the ENGINEER'S services provided for elsewhere in this Agreement have been agreed to in anticipation of the orderly and continuous progress of the project through completion of the Construction Phase. The ENGINEER'S obligation to render services hereunder will extend for a period which may reasonably be required for the design, award of contracts, construction and initial operation of the project including extra work and required extensions thereto. 5.2. The services called for in the Study and Report Phase will be completed and the Report submitted within the agreed period after written authorization to proceed with that phase of services which will be given by the OWNER. 5.3. After acceptance by OWNER of the Study and Report Phase documents indicating any specific modifications or changes in the general scope, extent or character of the project desired by OWNER, and upon written authorization from OWNER, the ENGINEER shall proceed with the performance of the services called for in the Preliminary Design Phase, and shall submit preliminary design documents and a revised opinion of probable Total Project Costs within the agreed period. 5.4. After acceptance by the OWNER of the Preliminary Design Phase documents and revised opinion of probable Total Project Costs, indicating any specific modifications or changes in the general scope, extent or character of the project desired by the OWNER, and upon written authorization from the OWNER, the ENGINEER shall proceed with the performance of the services called for in the Final Design Phase; and shall deliver Contract Documents and a revised opinion of probable Total Project Costs for all work of Contractor(s) on the project within the agreed period. 5.5. The ENGINEER'S services under the Study and Report Phase, Preliminary Design Phase and Final Design Phase shall each be considered complete when the submissions for that phase have been accepted by the OWNER. 5.6. After acceptance by the OWNER of the ENGINEER'S Plans, Specifications and other Final Design Phase documentation including the most recent opinion of probable Total Project Costs and upon written authorization to proceed, the ENGINEER shall proceed with performance of the services called for in the Bidding or Negotiating phase. This Phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective Contractor(s). 5.7. The Construction Phase will commence with the execution of the first prime contract to be executed for the work of the project or any part thereof, and will terminate upon written recommendation by the ENGINEER of final payment on the last prime contract to be completed. Construction Phase services may be rendered at different times in respect of separate prime contracts if the project involves more than one prime contract. Page 25 of 255 13 5.8. The Operational Phase will commence during the Construction Phase and will terminate upon the last of the following events: (a) one year after the date of Substantial Completion, as defined in the Contract Documents, if the last prime contract for construction, materials and equipment on which substantial completion is achieved; (b) after final payment to the Contractor(s); (c) after all known issues have been satisfactorily resolved. 5.9. If OWNER requests significant modifications or changes in the general scope, extent or character of the project, the time of performance of ENGINEER'S services shall be adjusted equitably. 5.10. The OWNER shall give prompt authorization to proceed or not proceed with any phase of services after completion of the immediately preceding phase. 5.11. In the event that the work designed or specified by the ENGINEER is to be furnished or performed under more than one prime contract, or if the ENGINEER'S services are to be separately sequenced with the work of one or more prime contractors (such as in the case of fast-tracking), the OWNER and ENGINEER shall, prior to commencement of the Final Design Phase, develop a schedule for performance of the ENGINEER'S services during the Final Design, Bidding or Negotiating and Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate contracts. 6. PAYMENTS TO ENGINEER. 6.1. PAYMENT. 6.1.1. For project services, the ENGINEER will be paid in accordance with the supplemental agreement between the parties for the project. 6.2. OTHER PROVISIONS CONCERNING PAYMENTS. 6.2.1. If the OWNER fails to make any payment due the ENGINEER for services and expenses within thirty five (35) days after receipt of ENGINEER'S statement therefor, the amounts due the ENGINEER will be increased at the rate of one-half percent (1/2%) per month from said thirty-fifth (35th) day, and in addition, the ENGINEER may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the ENGINEER has been paid in full all amounts due for services, expenses and charges. 6.2.2. In the event of termination by the OWNER under paragraph 8.2 upon the completion of any phase of the services listed in section 2, progress payments due the ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by the OWNER during any phase of the services listed in section 2, the ENGINEER will be paid for services actually and necessarily rendered during that phase by the ENGINEER'S principals and employees engaged directly on the project, on the basis of the ENGINEER'S Hourly Costs based upon the fee schedule on file with the OWNER. Page 26 of 255 14 In the event of any such termination, the ENGINEER also will be reimbursed for the reasonable charges of independent professional associates and consultants employed by the ENGINEER to render services listed in section 2, and paid for all unpaid additional services and unpaid reimbursables. 6.2.3. Records of the ENGINEER'S time pertinent to the ENGINEER'S compensation under this Agreement will be kept in accordance with generally accepted accounting principles. Copies will be made available to the OWNER at cost on request prior to final payment for the ENGINEER'S services. 6.2.4. ENGINEER shall comply with Minnesota Statute § 471.425. The ENGINEER must pay Subcontractor for all undisputed services provided by Subcontractor within ten (10) days of the ENGINEER’S receipt of payment from the OWNER. The ENGINEER must pay interest of one and five-tenths percent (1.5%) 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 One Hundred Dollars ($100) or more is Ten Dollars ($10). 7. CONSTRUCTION COST AND OPINIONS OF COST. 7.1. CONSTRUCTION COST. The construction cost of the entire project (herein referred to as "Construction Cost") means the total cost to the OWNER of those portions of the entire project designed and specified by the ENGINEER, but it will not include indirect costs such as the ENGINEER'S compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include the OWNER'S legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the project or the cost of other services to be provided by others to the OWNER pursuant to paragraph 4.4. (Construction Cost is one of the items comprising Total Project Cost as defined in paragraph 2.1.6). 7.2. OPINIONS OF COST. Since the ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the Contractor(s) methods of determining prices, or over competitive bidding or market conditions, the ENGINEER'S opinions of probable Total Project Costs and Construction Cost provided for herein are to be made on the basis of the ENGINEER'S experience and qualifications and represent the ENGINEER'S best judgment as an experienced and qualified professional engineer, familiar with the construction industry; but the ENGINEER cannot and does not guarantee that proposals, bids or actual Total Project or Construction Costs will not vary from opinions of probable cost prepared by the ENGINEER. 8. GENERAL. 8.1. INDEPENDENT CONTRACTOR. The OWNER hereby retains the ENGINEER as an independent contractor upon the terms and conditions set forth in this Agreement. The ENGINEER is not an employee of the OWNER and is free to contract with other entities as provided herein. The ENGINEER shall be responsible for selecting the means and methods of performing the work. The ENGINEER shall furnish any and all supplies, equipment, and incidentals necessary for the ENGINEER'S performance under this Agreement. The OWNER and ENGINEER agree that the Page 27 of 255 15 ENGINEER shall not at any time or in any manner represent that the ENGINEER or any of the ENGINEER'S agents or employees are in any manner agents or employees of the OWNER. The ENGINEER shall be exclusively responsible under this Agreement for the ENGINEER'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. 8.2. TERMINATION. The OWNER may terminate this Agreement and any Supplemental Agreement without cause by written notice delivered to the ENGINEER. Upon termination under this provision if there is no fault of the ENGINEER, the ENGINEER shall be paid for services rendered and reimbursable expenses until the effective date of termination. If however, the OWNER terminates the Agreement because the ENGINEER has failed to perform in accordance with this Agreement, no further payment shall be made to the ENGINEER, and the OWNER may retain another contractor to undertake or complete the work identified in the Contract Documents. If as a result, the OWNER incurs total costs for the work (including payments to both the present contractor and a future contractor) which exceed the not to exceed amount specified in the Contract Documents, if any, then the ENGINEER shall be responsible for the difference between the cost actually incurred and the Agreement amount. 8.3. DOCUMENTS. All documents including Plans and Specifications prepared or furnished by the ENGINEER (and the ENGINEER'S independent professional associates and consultants) pursuant to this Agreement are instruments of service in respect of the project and the OWNER will be provided with information and reference in connection with the use and occupancy of the project by OWNER and others; however, such documents are not intended or represented to be suitable for reuse by OWNER or others on extensions of the project or on any other project. Any reuse without written verification or adaptation by the ENGINEER for the specific purpose intended will be at the OWNER'S sole risk. If the OWNER or ENGINEER terminates this Agreement, copies of all files, records, and drawings in the ENGINEER’S possession relating to service performance for the OWNER shall be turned over to the OWNER without cost to the OWNER. 8.4. MINNESOTA GOVERNMENT DATA PRACTICES ACT. The ENGINEER must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the OWNER pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the ENGINEER pursuant to this Agreement. The ENGINEER 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 the ENGINEER receives a request to release data, the ENGINEER must immediately notify the OWNER. The OWNER will give the ENGINEER instructions concerning the release of the data to the requesting party before the data is released and the ENGINEER will be reimbursed as Additional Public Improvement Services by the OWNER under paragraph 3.1 for the ENGINEER’S reasonable costs in complying with a request to release data. The ENGINEER agrees to defend, indemnify, and hold the OWNER, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from the ENGINEER’S officers’, agents’, owners’, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. Page 28 of 255 16 8.5. INSURANCE. The ENGINEER, at its expense, shall secure and maintain in force for the duration of this Agreement the following minimum insurance coverages: 8.5.1. General Liability. The ENGINEER shall secure and maintain Commercial General Liability insurance in a minimum amount of $1,000,000 per occurrence; $1,000,000 annual aggregate. The policy shall cover liability arising from premises, operations, products-completed operations, personal injury, advertising injury, and contractually assumed liability. The OWNER, including its elected and appointed officials, employees, and agents, shall be endorsed as additional insured. 8.5.2. Automobile Liability. If the ENGINEER operates a motor vehicle in performing the Services under this Agreement, the ENGINEER shall secure and maintain Commercial Automobile Liability Insurance, including owned, hired, and non-owned automobiles, with a minimum combined single liability limit of $1,000,000. 8.5.3 Professional (Errors and Omissions) Liability Insurance. The ENGINEER shall secure and maintain a professional liability insurance policy for all claims the ENGINEER may become legally obligated to pay resulting from any actual or alleged negligent act, error or omission related to ENGINEER’S professional services required under this Agreement. The ENGINEER is required to carry the following minimum limits: $1,000,000 per occurrence; $1,000,000 annual aggregate. The retroactive or prior acts date of such coverage shall not be after the effective date of this Agreement and the ENGINEER shall maintain such insurance for a period of at least two (2) years, following completion of the Services. If such insurance is discontinued, extended reporting period coverage must be obtained by the ENGINEER to fulfill this requirement. 8.5.4. Workers’ Compensation. The ENGINEER agrees to provide Workers’ Compensation insurance for all its employees in accordance with the statutory requirements of the State of Minnesota. The ENGINEER shall also carry Employers’ Liability Coverage with minimum limits as follows: (a) $500,000 – Bodily Injury by Disease per employee (b) $500,000 – Bodily Injury by Disease aggregate (c) $500,000 – Bodily Injury by Accident 8.5.5. The insurance requirements may be met through any combination of primary and umbrella/excess insurance. The ENGINEER shall, prior to commencing the Services, deliver to the OWNER a Certificate of Insurance as evidence that the above coverages are in full force and effect. The ENGINEER’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 OWNER from the ENGINEER’S insurance company, or ten (10) days’ written notice for non-payment of premium. Page 29 of 255 17 8.6. INDEMNIFICATION. The ENGINEER shall defend, indemnify and hold harmless the OWNER, its officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services provided for herein to the comparative extent they are caused by the ENGINEER’S negligent acts or omissions or those negligent acts or omissions of persons for whom the ENGINEER is legally responsible. 8.7. PROFESSIONAL STANDARDS. The ENGINEER 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 engineer under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. The ENGINEER shall comply with applicable laws, statutes, ordinances, and regulations and the OWNER’s mandated standards that the OWNER has provided the ENGINEER in writing. The OWNER shall not be responsible for discovering deficiencies in the accuracy of the ENGINEER’S services. 8.8. NO THIRD-PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to give any rights to anyone other than the OWNER and ENGINEER. 8.9. CONTROLLING LAW/VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without giving effect to the principles of conflict of laws. All proceedings related to this contract shall be venued in the Dakota County District Court. 8.10. SUCCESSORS AND ASSIGNS. 8.10.1. The OWNER and ENGINEER each is hereby bound and the partners, successors, executors, administrators and legal representatives of the OWNER and ENGINEER are hereby bound to the other party, to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. 8.10.2. Neither the OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent professional associates and consultants as the ENGINEER may deem appropriate to assist in the performance of services hereunder. 8.10.3. Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than the OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the OWNER and ENGINEER and not for the benefit of any other party. Page 30 of 255 18 8.11. 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 1½ percent per month or any part of the month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the contractor shall be awarded its costs and disbursements, including attorney's fees, incurred in bringing the action. 8.12. COPYRIGHT/PATENT INFRINGEMENT. The ENGINEER 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 OWNER from loss or damage resulting therefrom. 8.13. NOTICES. Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. 8.14. SURVIVAL. All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. 8.15. SEVERABILITY. Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the OWNER and ENGINEER, who agree that the Agreement 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 provision. 8.16. WAIVER. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 9. PRIOR AGREEMENT. This Agreement supersedes all prior written and oral contracts and agreements except for the following: _______________________________________________________________________ _______________________________________________________________________________. Page 31 of 255 19 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. OWNER: ENGINEER: CITY OF LAKEVILLE Timothy Malooly for __Irrigation by Design, Inc. BY: BY: Its Mayor Its _President_ AND Its City Clerk Page 32 of 255 City of Lakeville Landscape Irrigation Maintenance Services Client: City of Lakeville c/o McKenzie Cafferty, Environmental Resources Manager City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 952-985-4520 mcafferty@lakevillemn.gov Service Provider: Irrigation by Design, Inc. c/o Matthew Kuha, Business Development Manager 175 James Avenue North Minneapolis, MN 55405 763-559-7771 Duration: April 1st 2025 - October 31st 2025 Irrigation by Design, Inc. (IBD) will provide irrigation management and maintenance services, as described in Attachment A of this document, on thirteen individual irrigation systems, also noted and itemized on the following pages. The base level of proactive irrigation maintenance will include spring startup, 5 mid- season inspections and the autumn shutdown and related processes. This document will serve as an accompaniment to the Master Agreement between IBD and the City of Lakeville and only applies to the properties named, the services included, and the duration noted. Irrigation by Design proposes to conduct this work for a total cost of $20,764.40 and be invoiced in seven equal installments, on the first of each month beginning on the first of April, of $2,966.44 each. Time and material repair invoices will be sent upon completion of the individual tasks and be itemized by location and include details regarding the location and nature of the repair. If approved, please sign and date below: Client: ________ Date: ___________________________________________ IBD: Date: ____ ______________________________________ Page 33 of 255 https://maloolypropertiesllc.sharepoint.com/sites/msteams_d48dc5_712655/Shared Documents/IBD Client Folders/City of Lakeville MN/2025 Lakeville - Service/City of Lakeville - Commercial Irrigation Maintenance AGREEMENT 4.2.25.docx2 ATTACHMENT A SERVICE DESCRIPTION Irrigation Startup Irrigation by Design, Inc. will: - Engage the water supply, check the main supply line(s) and control wiring for breaks/leaks. - Operate the system station by station and inspect for failure or damage to sprinklers, fittings, control valves and piping. - Adjust individual sprinklers as necessary for proper operation and coverage as required by existing conditions and within the capabilities of the original design. Adjustments requiring sprinkler relocation may incur additional parts and/or labor fees. Sprinkler adjustments requiring significant relocation may result in separate fee proposals for client approval. - Water Manager will prepare computer, test communications and software, apply software updates if any, review/program the system master controller(s) for operation. Set system controller(s) for automatic operation based on current conditions and/or engage SMART controller features, if applicable. Repairs will be completed on a time and material basis, separate from the Routine Service Budget and will be invoiced to Client. Irrigation Inspections A technician will conduct 5 full system inspections of the irrigation. The technician will as a part of the routine services: - At applicable locations, activate each station via app to verify electrical opening and closing. - Inspect and adjust sprinklers (clogs, leaking, missing, pitched, rotation, pressure etc.). - Make and record scheduling changes to the water manager. - If the site is Water-Managed by IBD or others, IBD will monitor the landscape performance in conjunction with others and make suggestions to the Water Manager for irrigation schedule adjustments. All repairs completed following a routine inspection will be identified and invoiced separately by site. Extensive repairs will be conducted upon client approval Irrigation Shut-down IBD will turn off main water, - Coordinate shutdown actions with our client. Where applicable, remove RPZ/water meter and record final water usage on flow meters, tag each RPZ/water meter to indicate location, store all RPZ/water meters in heated facility - Winterize and secure the system water supply - Complete a station-by-station "blow-out" of the lines, exchanging water for air. Where necessary, we will blow out certain lines twice to ensure complete winterization. - If the city is responsible for storing the water meter(s) IBD will coordinate the meter pick-up with the city. All repairs necessary to complete, to allow for proper shutdown will be invoiced on one invoice to Client. Service Calls - Service calls requested outside the regularly scheduled visit will be scheduled and invoiced directly to clients. Each call will be considered separate and invoiced at the one hour minimum and in 15 min increments thereafter. Single service calls for multiple sites will be invoiced with a single mobilization cost, then T&M labor rates follow. - Service requests completed during a regularly scheduled visit will be invoiced with all other repairs made on said visit. Invoicing will be individually, by site. - Service requested to be performed outside of routine service hours will be invoiced at $300/man hour. Page 34 of 255 https://maloolypropertiesllc.sharepoint.com/sites/msteams_d48dc5_712655/Shared Documents/IBD Client Folders/City of Lakeville MN/2025 Lakeville - Service/City of Lakeville - Commercial Irrigation Maintenance AGREEMENT 4.2.25.docx3 Monitoring for Alerts - The SMART EPA WaterSense™ controller along with IBD’s cellular Aircard will allow proactive equipment alerts to be pushed to our water manager for review and dispatch if necessary, allowing our irrigation technicians to troubleshoot, diagnose and correct issues as they occur. Additional Available Services Proposed on request and/or as needed Soil Health Management The health & aesthetics of the lawn is determined by the health of the soil, not just the amount of water. Urban soil is often depleted of the beneficial microorganisms needed by your lawn (a plant) to survive & thrive. Standard fertilizers and herbicides treat only the plant, not the soil, leaving it dependent on the treatments. A regenerative soil program focusses on improving soil health and over the long-term will cause your lawn to grow thicker, require less water, and build up natural defenses against turf diseases, environmental stresses and invaders like weeds and damaging insects. Handyman Services Hourly labor rate for non-included services other than those that are part of this agreement will be billed at $119 per man hour, plus materials. Aquatic Environmental Management Pond water quality; aeration, maintenance & treatments. Water Management Our Water Management Team specializes in maintaining a healthy and attractive landscape, while reducing water consumption through advanced sustainability focused technology and practices. Water is our most precious resource; we want to help ensure your community’s water is being managed properly for the long-term health and aesthetics of the community and the planet. Ask us what level of water management would be best for your community! Reserve Study of Irrigation System Did you know the average HOA has 5 miles of irrigation infrastructure underground, with a typical replacement value in hundreds of thousands of dollars? Let us help you or your reserve agent to establish a capital replacement budget to ensure HOA has current financial data for future major repairs and replacements. Repair/Retrofit Projects Projects relating to the addition, removal, relocation. This category includes but is not limited to: • Deferred or past poor-quality maintenance or installation. • Moving sprinklers due to landscape maturation • Nozzle balancing • Station Separation • Rain Sensor and/or other control technology installation and maintenance Description Annual Investment Annual Landscape Irrigation Services Annual Irrigation Maintenance $20,764.40 Annual Water Management Services n/a Total Annual Agreement Price plus applicable taxes $20,764.40 Total Monthly Agreement Price plus applicable taxes $2,966.34 Total Above, Itemized by Site Budget Page 35 of 255 https://maloolypropertiesllc.sharepoint.com/sites/msteams_d48dc5_712655/Shared Documents/IBD Client Folders/City of Lakeville MN/2025 Lakeville - Service/City of Lakeville - Commercial Irrigation Maintenance AGREEMENT 4.2.25.docx4 Water Treatment Facility $ 1,834.80 City Hall w/RAB $ 2,294.80 Heritage Center $ 1,435.80 Police Department $ 2,796.80 Fire Station #1 $ 1,517.80 Fire Station #2 $ 1,667.80 Fire Station #3 $ 1,433.80 Fire Station #4 $ 1,617.80 Galaxie Liquor Store $ 1,567.80 Keokuk Liquor Store $ 1,809.80 205th/Kendrick RAB $ 848.30 210th/Dodd RAB $ 1,090.80 Italy Ave Median $ 848.30 TOTAL $20,764.40 FAQ All tasks not included in Attachment A will be coordinated with the proper city personnel and be conducted at time and material rates. Current Hourly Rates are as follows: Irrigation Technician: $169 / hour, one hour min. Irrigation Apprentice/2nd Tech $119 / hour, one hour min. Irrigation Helper: $55 / hour, one hour min. What can be expected of the on-site technician(s) during a routine inspection? The technician CAN be expected to maintain – (Things we generally approach proactively) • Some sensors (ex. Rain sensor- adjust, replace battery if wireless, cork) o Water level indicator (move and adjust) • Some filters (pump, drip/micro) • Sprinklers (arc, pitch, rotation, placement, rotor nozzle size, spray nozzle cleanout) • Some Controls (pump, timers) • Irrigation Schedules The technician can NOT proactively maintain the following – (Things we generally must react to) Page 36 of 255 https://maloolypropertiesllc.sharepoint.com/sites/msteams_d48dc5_712655/Shared Documents/IBD Client Folders/City of Lakeville MN/2025 Lakeville - Service/City of Lakeville - Commercial Irrigation Maintenance AGREEMENT 4.2.25.docx5 • Static Items o Decoders o Fittings/clamps o Wiring o Piping o Broken emission devices (sprinklers/drip) o Sprinkler nozzle screens o Valves – electric and manual What should I do, and what can be expected if we have an emergency outside of normal business hours? Our company’s main line is 763-559-7771. Call this number and follow the prompts for the after-hours emergency. The call will be transferred to the on-call technician, they will ask several questions to determine what is needed, the more information you can provide the better. Depending on the severity of the emergency the tech will either dispatch to the site or handle it remotely. In most cases the technician will stop the emergency and notify the office of a need to return and diagnose/repair the issue at a later date (typically within a couple of days), some smaller items can be repaired during the emergency visit. Emergency visits are billed at $300/hour. We recommend one or two people be set as authorized callers, without that list our technicians will dispatch for any caller and the client may incur unexpected charges. Responsibilities not covered by this agreement 1. Inadequate coverage caused by original system design. 2. Inadequate coverage caused by a change(s) in available water or governmental mandates. 3. Charges from water purveyor due to water usage deemed excessive, or a leak. Page 37 of 255 Date: 4/21/2025 Resolution Accepting Donations from Customers of Lakeville Liquors Proposed Action Staff recommends adoption of the following motion: Motion to approve a resolution accepting donations valued at $28,996.58 on behalf of Lakeville Liquors customers to be used by 360 Communities and The Open Door Pantry. Overview The Lakeville Liquor stores hosted a fundraiser to benefit our local food shelves during the month of March 2025. Funds were raised using donation jars, the sale of discounted memberships, silent auctions and register total round-up. The total funds provided by the Lakeville Liquor stores for 360 Communities and The Open Door Pantry is $28,996.58. Donations will be split evenly. Supporting Information None Financial Impact: $28,996.58 Budgeted: No Source: Envision Lakeville Community Values: A Sense of Community Value and Belonging Report Completed by: Tana Wold, Liquor Operations Director Page 38 of 255 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION ACCEPTING DONATIONS FROM CUSTOMERS OF LAKEVILLE LIQUORS WHEREAS, Minnesota Statute 465.03 requires that all gifts and donation of real or personal property be accepted only with adoption of a resolution of the governing body; and WHEREAS, the City of Lakeville's Liquor stores have received donations of money in the amount of $28,996.58; and WHEREAS, the grants and/or donations were beneficial to the department, and WHEREAS, the additional revenues received may require the City to incur additional expenditures in order to comply with any grant agreements or restrictions to the donations. NOW, THEREFORE IT BE RESOLVED by the City Council of the City of Lakeville that the donations are hereby officially accepted and acknowledged with gratitude to the donors; and BE IT FURTHER RESOLVED that City staff is authorized to amend the budget to comply with any grant agreements of restrictions to the donations. APPROVED this 21st day of March 2025 CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 39 of 255 Page 40 of 255 Date: 4/21/2025 Resolution Appointing a Deputy Clerk Proposed Action Staff recommends adoption of the following motion: Move to approve the appointment of Taylor Snider as Deputy Clerk for the City of Lakeville. Overview The City of Lakeville's Clerk's Office plays a vital role in efficiently and transparently managing the city's administrative, legislative, and official duties. The City Clerk is responsible for maintaining official records, overseeing elections, handling public notices, managing council agendas, and carrying out various other essential tasks. To ensure these duties are carried out consistently, it is crucial to plan when the City Clerk may be absent due to illness, vacation, training, or other unforeseen circumstances. Appointing a Deputy Clerk is important to guarantee the uninterrupted functioning of the City’s operations in the Clerk's absence. This role will ensure that all the Clerk’s Office's responsibilities are met, that public services continue to run smoothly, and that the City remains in compliance with all applicable legal requirements. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 41 of 255 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION APPOINTING A DEPUTY CLERK WHEREAS, the City of Lakeville recognizes the importance of maintaining effective and efficient operations within its government structure; and WHEREAS, the position of Deputy Clerk for the City of Lakeville has been determined to be essential for the continued management and execution of various administrative duties and functions within the Clerk’s Office; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAKEVILLE, MINNESOTA, that Taylor Snider is hereby appointed as the Deputy Clerk for the City of Lakeville, effective April 22, 2025 and ADOPTED by the Lakeville City Council this 21st day of April 2025. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 42 of 255 Date: 4/21/2025 Proposal from Webber Recreational Design, Inc. for Kensington Park Playground Equipment and Installation Proposed Action Staff recommends adoption of the following motion: Move to accept proposal from Webber Recreational Design, Inc. for Kensington Park Playground Equipment and Installation. Overview The Kensington Park playground is over 25 years of age and has been budgeted to be replaced in 2025. The 2025 approved Park Improvement Fund includes $113,000 to replace the playground, which consists of items such as the playground equipment, installation, concrete perimeter curbing and engineered wood fiber. Staff have been working with Webber Recreational Design, Inc. on the design and components of the playground and presented options online that residents in the neighborhood could select as their preferred choice. At this time, Staff is recommending the Mayor and City Council approve the purchase of the playground equipment and installation from Webber Recreational Design, Inc. through the Sourcewell Cooperative Purchasing Contract in the amount of $106,000. Supporting Information 1. Quote dated March 5, 2025 (for signature) 2. Color Rendering of the Playground Financial Impact: $106,000.00 Budgeted: Yes Source: Park Improvement Fund Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Mark Kruse, Parks Superintendent Page 43 of 255 3/5/2025 Page 1 of 4 QUOTE: OE25001531 Miracle Recreation Equip. Co. 878 E. US Hwy 60 Monett, MO 65708 1-888-458-2752 QUOTE: OE25001531 CUSTOMER: 5504A04 Project: 25002115 Prepared For: Project Name & Location: Prepared by: CITY OF LAKEVILLE Kensington Park- Option 1 UPDATED WEBBER RECREATIONAL DESIGN, INC. 20195 HOLYOKE AVE. W. LAKEVILLE, MN 55044 Jay Webber 1442 BROOKE COURT HASTINGS, MN 55033 Ship To Address: End User: Mark Kruse Kensington Park 20600 Kensington Boulevard Lakeville, MN 55044 Ext. (phone) City of Lakeville 20195 HOLYOKE AVE. W. LAKEVILLE, MN 55044 (952) 412-9918 Ext. (phone) mkruse@lakevillemn.gov Quote Number: OE25001531 Quote Date: 3/5/2025 Valid For: 30 Days From Quote Date 2-5 Product line: TotsChoice Age group: 2-5_ASTM Components Part Number Description Qty Weight 304 TEN SPIN 1.00 1,000.00 787001 WELCOME SIGN AGES 2-5, FREESTANDING 1.00 60.00 925920Z TOUCH UP PAINT KIT - FREESTANDING (NO PRICE) 1.00 0.00 MR0881 MC TRUCK 1.00 270.00 Freestanding Product line: Freestanding Age group: 2-12_ASTM Components Part Number Description Qty Weight Page 44 of 255 3/5/2025 Page 2 of 4 QUOTE: OE25001531 2740 SWG PART THERAPEUTIC SWG SEAT W/CHAIN (8' TR) 1.00 135.00 2760 SWG PART GENERATION SWG SEAT W/CHAIN 1.00 30.00 2840 SWG PART SLASH PROOF SEAT W/CHAIN (8' TR) 2.00 10.00 MR0930 3.5" ARCH SWING- (2 SEAT REQ'D) 1.00 286.00 MR0932 3.5" ARCH SWG- ADD-A-BAY (2 ST REQ'D) 1.00 179.00 714S654-2024 Product line: KidsChoice Age group: 5-12_ASTM Components Part Number Description Qty Weight 7145019 TRIANGLE DECK (ATTACHES TO 3 POSTS) 4.00 75.00 714518410 XG HEXTAGON MEGA TWR 2-LEVEL (4' & 10' DK) 1.00 1,500.00 714553 5" OD X 160" POST (5'6" TO 6'6" DKS) 4.00 90.00 714554 5" OD X 178" POST (7' TO 8' DKS) 4.00 100.00 7146386U GROOVE II SLIDE VORTEX (6' & 6'6"DK) 1.00 350.00 7146474 ALPHA CLIMBER (4' DECK) 1.00 180.00 7146708L CHAMII SPIRAL SLIDE LH (8' DK) 1.00 1,500.00 7146806C WAVE HEX ROOF W/TOPPER 1.00 360.00 7146916 DOME CLIMBER W/ORBS (6'6" DK) 1.00 220.00 71471311 SENSORY PANEL TEXTURE STAR CIRCLE 1.00 55.00 71472110 CANYON CLIMBER (10' DECK) 1.00 160.00 714742W 30" ID FUN TUN SLIDE LH,WDW (10' DK) 1.00 900.00 714782 CRUNCH STATION 1.00 5.00 714796P1 BELL (POST MOUNT) 1.00 10.00 7148088 CLIMBING POLE (8' DECK) 1.00 55.00 7148135 DECK ENCL FOR OVERHEAD CLIMBERS (ONLY) 1.00 35.00 714816W FULL WAVE BARRIER, TUBE 2.00 35.00 7148173B SINGLE POD SEAT 1.00 15.00 714851459 SQ TRSFR POINT, OPN HR (4' DK) 1.00 250.00 71495949 ADA STAIRS BETWEEN DECKS W/2' RISE 4' SPAN 3.00 200.00 7149922 LOOKOUT TOWER 1.00 50.00 7149929 KIDS' PERCH 1.00 105.00 714999Z CUSTOMER SERVICE KIT (NO PRICE) 1.00 0.00 RiskSign_Included Product line: Freestanding Age group: Components Part Number Description Qty Weight 787Z RISK MANAGEMENT SIGN - ENGLISH (NO PRICE) 1.00 0.00 Page 45 of 255 3/5/2025 Page 3 of 4 QUOTE: OE25001531 Additional Items Part Number Description Qty Weight 105295 BAG ZIPLOCK 12" X 14" X 4MIL(OFFICE USE) 1.00 925961 THUMB DRIVE 2GB - MREC 1.00 926458 LABEL,GENERATION SWG, 2YR-12YR, MR 1.00 INSTALL BOOK INSTALL BOOK FOR PP ORDERS 1.00 Totals: Equipment Weight: 9,460.00 lbs Equipment List: $103,696.17 Discount Amount: -$34,469.80 Freight: $3,673.63 Code: Needed Installation: $33,100.00 Grand Total: $106,000.00 Notes: This Quote shall not become a binding contract until signed and delivered by both Customer and Miracle Recreation Equipment Company (“Miracle”). Sales Representative is not authorized to sign this Quote on behalf of Miracle or Customer, and signed Quotes cannot be accepted from Sales Representative. To submit this offer, please sign below and forward a complete signed copy of this Quote directly to "Miracle Sales Administration" via fax (417) 235-3551 or email: orders@miraclerec.com. Upon acceptance, Miracle will return a fully-signed copy of the Quote to Customer (with copy to Sales Representative) via fax or email. THIS QUOTE IS LIMITED TO AND GOVERNED BY THE TERMS CONTAINED HEREIN. Miracle objects to any other terms proposed by Customer, in writing or otherwise, as material alterations, and all such proposed terms shall be void. Customer authorizes Miracle to ship the Equipment and agrees to pay Miracle the total amount specified. Shipping terms are FOB the place of shipment via common carrier designated by Miracle. Payment terms are Net-30 days from invoice date with approved credit and all charges are due and payable in full at PO Box 734154, Dallas, TX 75373-4154, unless notified otherwise by Miracle in writing. Customer agrees to pay all additional service charges for past due invoices. Customer must provide proper tax exemption certificates to Miracle, and shall promptly pay and discharge all otherwise applicable taxes, license fees, levies and other impositions on the Equipment at its own expense. Purchase orders and payments should be made to the order of Miracle Recreation Equipment Company. Quote Number: OE25001531 Quote Date: 3/5/2025 Equipment: $103,696.17 Grand Total: $106,000.00 CUSTOMER HEREBY SUBMITS ITS OFFER TO PURCHASE THE EQUIPMENT ACCORDING TO THE TERMS STATED IN THIS QUOTE AND SUBJECT TO FINAL APPROVAL BY MIRACLE. Submitted By Printed Name and Title Date THE FOREGOING QUOTE AND OFFER ARE HEREBY APPROVED AND ACCEPTED BY MIRACLE RECREATION EQUIPMENT By: Date: ADDITIONAL TERMS & CONDITIONS OF SALE 1. Use & Maintenance. Customer agrees to regularly inspect and maintain the Equipment, and to provide, inspect and maintain appropriate Page 46 of 255 3/5/2025 Page 4 of 4 QUOTE: OE25001531 safety surfacing under and around the Equipment, in accordance with Miracle's product literature and the most current Consumer Product Safety Commission Handbook for Public Playground Safety. 2.Default, Remedies & Delinquency Charges. Customer's failure to pay any invoice when due, or its failure to otherwise comply with the terms of this Quote, shall constitute a default under all unsatisfied invoices ("Event of Default"). Upon an Event of Default, Miracle shall have all remedies available to it at law or equity, including, without limitation, all remedies afforded a secured creditor under the Uniform Commercial Code. Customer agrees to assist and cooperate with Miracle to accomplish its filing and enforcement of mechanic's or other liens with respect to the Equipment or its location or its repossession of the Equipment, and Customer expressly waives all rights to possess the Equipment after an Event of Default. All remedies are cumulative and not alternative, and no exercise by Miracle of a remedy will prohibit or waive the exercise of any other remedy. Customer shall pay all reasonable attorneys fees plus any costs of collection incurred by Miracle in enforcing its rights hereunder. Subject to any limitations under law, Customer shall pay to Miracle as liquidated damages, and not as a penalty, an amount equal to 1.5% per month of any payment that is delinquent in such month and is not received by Miracle within ten (10) days after the date on which due. 3.Limitation of Warranty/ Indemnity. MIRACLE MAKES NO EQUIPMENT WARRANTIES EXCEPT FOR THOSE STANDARD WARRANTIES ISSUED WITH THE EQUIPMENT, WHICH ARE INCORPORATED HEREIN BY THIS REFERENCE. MIRACLE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND SAVE MIRACLE HARMLESS FROM ALL CLAIMS OF ANY KIND FOR DAMAGES OF ANY KIND ARISING OUT OF CUSTOMERS ALTERATION OF THE EQUIPMENT, ITS FAILURE TO MAINTAIN THE EQUIPMENT, ITS FAILURE TO PROPERLY SUPERVISE EQUIPMENT USE, OR ITS FAILURE TO PROVIDE AND MAINTAIN APPROPRIATE TYPES AND DEPTHS OF SAFETY SURFACING BENEATH AND AROUND THE EQUIPMENT IN ACCORDANCE WITH MIRACLES INSTALLATION AND OWNERS MANUALS AND THE MOST CURRENT CONSUMER PRODUCT SAFETY COMMISSION HANDBOOK FOR PUBLIC PLAYGROUND SAFETY. 4.Restrictions. Until all amounts due hereunder are paid in full, Customer shall not: (i) permit the Equipment to be levied upon or attached under any legal process; (ii) transfer title to the Equipment or any of Customer's rights therein; or (iii) remove or permit the removal of the Equipment to any location not specified in this Quote. 5.Purchase Money Security Interest. Customer hereby grants, pledges and assigns to Miracle, and Miracle hereby reserves a purchase money security interest in, the Equipment in order to secure the payment and performance in full of all of Customer's obligations hereunder. Customer agrees that Miracle may file one or more financing statements, in order to allow it to perfect, acquire and maintain a superior security interest in the Equipment. 6.Choice of Law and Jurisdiction. All agreements between Customer and Miracle shall be interpreted, and the parties' obligations shall be governed, by the laws of the State of Missouri without reference to its choice of law provisions. Customer hereby consents to the personal jurisdiction of the state and federal courts located in the city and county of St. Louis, Missouri. 7. Title; Risk of Loss; Insurance. Miracle Retains full title to all Equipment until full payment is received by Miracle. Customer assumes all risk of loss or destruction of or damage to the Equipment by reason of theft, fire, water, or any other cause, and the occurrence of any such casualty shall not relieve the Customer from its obligations hereunder and under any invoices. Until all amounts due hereunder are paid in full, Customer shall insure the Equipment against all such losses and casualties. 8.Waiver; Invalidity. Miracle may waive a default hereunder, or under any invoice or other agreement between Customer and Miracle, or cure such a default at Customer's expense, but shall have no obligation to do either. No waiver shall be deemed to have taken place unless it is in writing, signed by Miracle. Any one waiver shall not constitute a waiver of other defaults or the same kind of default at another time, or a forfeiture of any rights provided to Miracle hereunder or under any invoice. The invalidity of any portion of this Quote shall not affect the force and effect of the remaining valid portions hereof. 9.Entire Agreement; Amendment; Binding Nature. This fully-executed Quote, as supplemented by Change Orders and invoices containing exact amounts of estimates provided herein, constitutes the complete and exclusive agreement between the parties. A Change Order is a written instrument signed by the Customer and Miracle stating their agreement as to any amendment in the terms of this Quote. Customer acknowledges that Change Orders may result in delays and additional costs. The parties agree that all Change Orders shall include appropriate adjustments in price and time frames relating to any requested amendments. Upon full execution, this Quote shall be binding upon and inure to the benefit of the parties and their successors and assigns. 10. Counterparts; Electronic Transmission. This Quote, any invoice, and any other agreement between the parties, may be executed in counterparts, each of which shall constitute an original. The facsimile or other electronic transmission of any signed original document and retransmission of any signed facsimile or other electronic transmission shall be the same as the transmission of an original. At the request of either party, the parties will confirm facsimile or other electronically transmitted signatures by signing an original document. Rev E 021815 Date: April 21, 2025 By: __________________________________ Luke M. Hellier, Mayor By: __________________________________ Ann Orlofsky, City Clerk Page 47 of 255 Kensington Park (Option 1 UPDATED)Lakeville, MNPage 48 of 255 Kensington Park (Option 1 UPDATED)Lakeville, MNPage 49 of 255 Kensington Park (Option 1 UPDATED)Lakeville, MNPage 50 of 255 Kensington Park (Option 1 UPDATED)Lakeville, MNPage 51 of 255 Kensington Park (Option 1 UPDATED)Lakeville, MNPage 52 of 255 Date: 4/21/2025 Resolution Authorizing Temporary Closing of City Streets for Pan-O-Prog Events Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution authorizing the temporary closing of city streets for Panorama of Progress events. Overview Each year, the Pan-O-Prog Board requests the temporary closing of certain streets in the downtown area for Pan-O-Prog events. These events include the Street Market, Cruise Night, Kiddie Parade, Car Show, and Grand Parade. The resolution also authorizes temporarily closing streets near King Park for the 4th of July fireworks. If inclement weather on July 4th causes the fireworks event to be postponed to July 5th, the same street closures will apply to the backup date. As in the past, a Dakota County Obstruction Permit is required to close 202nd Street from Dodd Boulevard to Highview Avenue for the Cruise and Grand Parade. The Police Department is working with Dakota County to obtain this permit. Supporting Information 1. 2025 Pan-O-Prog Street Closure Resolution Addendum Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Ann Orlofsky, City Clerk Page 53 of 255 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION AUTHORIZING TEMPORARY CLOSING OF CITY STREETS FOR PAN-O-PROG EVENTS WHEREAS, the Panorama of Progress is a large event in Lakeville's downtown area, requiring the temporary closure of certain streets near and around the downtown area. NOW, THEREFORE, BE IT RESOLVED the city streets listed on the attached Exhibit A shall be temporarily closed by the Lakeville Street and Police Departments for certain Panorama of Progress events and BE IT FURTHER RESOLVED July 05, 2025, shall be the back-up fireworks date if the event is postponed on July 4, 2025, due to inclement weather, and the road closing locations and times associated with the fireworks event shall apply on July 5th. BE IT FURTHER RESOLVED the Police Chief or his designee has the authority to temporarily close city streets not listed on the attached exhibit if necessary. ADOPTED by the Lakeville City Council this 21st day of April 2025. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 54 of 255 Exhibit A STREET CLOSURE:DATE:TIME:PAN-O-PROG EVENT: DODD BOULEVARD (CR-9) 190th St to Highview Ave July 4th, 2025 (Friday) 9:00 – 11:30 p.m.Fireworks Set-Up and Safety/Security Dodd Boulevard (CR-9) Block Access @ Inca Ave / Huxley Ave / 183rd St / Hyde Park Ave July 4th, 2025 (Friday) 9:00 – 11:30 p.m.Fireworks Safety/Security 185th STREET (CR-60) Ipava Ave to Highview July 4th, 2025 (Friday) 9:00 – 11:30 p.m.Fireworks Safety/Security HOWLAND AVENUE 209th St to Upper 209th St July 9th, 2025 (Wednesday) – July 13th, 2025 (Sunday) Continuous Closure Family Fun Fair & Carnival 208th STREET Holyoke Ave to Holt Ave July 9th, 2025 (Wednesday) – July 13h, 2025 (Sunday) Continuous Closure Street Market 209th STREET Holyoke Ave to Howland Ave July 11th, 2025 (Friday) 12:00 – 9:30 p.m.Race Car Alley HOLYOKE AVENUE Heritage Dr to 215th St (CR-70) July 11th, 2025 (Friday) 6:00 – 11:00 p.m.Cruise Night 202nd STREET (CR-50) Iberia Ave to Highview Ave July 11th, 2025 (Friday) 6:00 – 9:00 p.m.Cruise Night 210th STREET Holt Ave to Jacquard Ave July 11th, 2025 (Friday) 6:00 – 9:00 p.m.Cruise Night JACQUARD AVENUE 210th St to 215th St (CR-70) July 11th, 2025 (Friday) 6:00 – 9:00 p.m.Cruise Night 207th STREET Holyoke Ave to Howland Ave July 11th, 2025 (Friday) 4:00 p.m. until 1 a.m. (Saturday) Cruise Night and Adult Dance 207th STREET Holyoke Ave to Howland Ave July 12th, 2025 (Saturday) 12:00 p.m. until 1 a.m. (Sunday) Cruise Night, Car Show, Grand Parade, and Adult Dance HOLYOKE AVENUE Upper 207th St to 210th St July 10th, 2025 (Thursday) – July 13th , 2025 (Sunday) 5:00 p.m. until 5:00 p.m. Kiddie Parade, Car Show, and Grand Parade HERON WAY July 12th, 2025 (Saturday) 2:00 – 8:00 p.m.Grand Parade HERITAGE DRIVE July 12th, 2025 (Saturday) 2:00 – 8:00 p.m.Grand Parade IBERIA AVENUE July 12th, 2025 (Saturday) 2:00 – 8:00 p.m.Grand Parade EB 210th STREET July 12th, 2025 (Saturday) 2:00 – 8:00 p.m.Grand Parade Page 55 of 255 Exhibit A HERON WAY Complete Circle July 12th, 2025 (Saturday) 3:00 – 9:00 p.m.Grand Parade 202nd STREET (CR-50) Iberia Ave to Highview Ave July 12th, 2025 (Saturday) 4:00 – 9:00 p.m.Grand Parade Page 56 of 255 Date: 4/21/2025 Agreement with Metropolitan Council for Volunteer Lake Monitoring Program Proposed Action Staff recommends adoption of the following motion: Move to approve Agreement with Metropolitan Council to administer the annual volunteer lake monitoring program. Overview The City and Metropolitan Council partner annually to establish a community-assisted monitoring program (CAMP) to study the water quality of East Lake, Lee Lake, Lake Marion and Valley Lake. City staff and volunteers measure surface water temperature and water transparency, and collect water samples that are then analyzed by Metropolitan Council staff. Results are used to manage, promote and proactively protect the water quality of the City's lakes. The Agreement establishes City and Metropolitan Council Responsibilities for 2025. The City's share of the cost is $3,040 ($760/lake) and includes processing of up to 14 samples for each lake. Supporting Information 1. Agreement (Metropolitan Council Contract No. 25R007J) Financial Impact: $3,040 Budgeted: Yes Source: Utility Fund (Env. Resources) Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Patrick Martin, Environmental Resources Technician Page 57 of 255 Metropolitan Council Contract No. 25R007J INTERGOVERNMENTAL AGREEMENT BETWEEN THE METROPOLITAN COUNCIL AND THE CITY OF LAKEVILLE THIS AGREEMENT is made and entered into by and between the Metropolitan Council (the "Council") and the City of Lakeville (the "City"), each acting by and through its duly authorized officers. THE ABOVE-NAMED PARTIES hereby agree as follows: I. GENERAL SCOPE OF AGREEMENT The Council and the City agree to undertake a volunteer lake monitoring study in order to provide an economical method of broadening the water quality database on lakes in the Twin Cities Metropolitan Area. II. SPECIFIC SCOPE OF SERVICES 2.01 Lake Monitoring Program. The City and the Council agree to jointly undertake a volunteer lake monitoring program as specified below: a. General Purposes of Program. The volunteer lake monitoring program involves the use of volunteers to monitor lakes in the Twin Cities Metropolitan Area. The volunteers will collect surface water samples which will be analyzed for total phosphorus (TP), total Kjeldahl nitrogen (TKN), and chlorophyll-a (CLA). In addition, the volunteers will measure surface water temperature, water transparency, and fill out a monitoring form that describes the lake and weather conditions at the time of the monitoring event. Lakes will be visited from April through October of 2025 (the “Monitoring Period”) for the number of times and at the approximate intervals specified in paragraph (b) below. Each lake will be sampled at the location as indicated on the site location map provided by the Council. The Council will arrange for chemical analysis of the samples either through its own laboratory or an outside laboratory. b. Specific Lakes Involved. The following lakes and specific lake site(s) listed below will be involved in the Council’s Community-Assisted Lake Monitoring Program (CAMP) in 2025. Page 58 of 255 Metropolitan Council Contract No. 25R007J 2 Lake name DNR ID# Number of monitoring events Approximate monitoring interval Quantity of new kits East 19-0349 8 to 14 Biweekly 0 Lee 19-0029 8 to 14 Biweekly 0 Marion 19-0026-01 8 to 14 Biweekly 0 Valley 19-0348 8 to 14 Biweekly 0 2.02 City Responsibilities. The City agrees that it will have sole responsibility for: a. Recruiting volunteers (who have access to a boat) to monitor the lakes the City wishes to involve in the program as listed in section 2.01(b) above. b. Providing the Council and/or volunteers with needed lake information such as lake bathymetric maps and access locations. c. Paying for the laboratory analysis cost of the samples collected by volunteers which cost is included in the amounts specified in Article III below. d. Ensuring that the volunteers participate in the training program and follow CAMP methods and procedures. e. Ensuring that the volunteers fill out a monitoring form during each monitoring event. f. Picking up the samples and the lake monitoring forms from their volunteers and delivering those items to the City’s central storage location. The City will be responsible for providing the central storage location. The central storage location can be a Council facility, but the City will be required to deliver the samples and monitoring forms to this facility. The samples are required always to be frozen. g. Storing its volunteers’ samples until picked up by Council staff. The samples are required always to be frozen. h. Maintaining, storing, and restocking its monitoring kits. i. Delivering and picking up its monitoring kits to and from their volunteers. Page 59 of 255 Metropolitan Council Contract No. 25R007J 3 2.03 Council Responsibilities. The Council agrees that it will: a. Organize the survey. b. Provide training for the volunteers. c. Pick up the samples and lake monitoring forms from the City’s central storage location and deliver them to the laboratory at approximately 2- month intervals starting in June. d. Review the results of the monitoring data. e. Prepare a final report containing the physical, chemical, and biological data obtained during the Monitoring Period and a brief analysis of the data. f. Provide quality control by collecting lake samples from random lakes involved in the volunteer program. The resulting parameter values will then be compared to the volunteers’ results to determine if any problems exist involving the volunteer's monitoring activities and what should be done to correct the problem. g. Provide and deliver to the City the expendable monitoring items (e.g. sample containers, labels, filters, aluminum sheets, zip-style plastic bags, and lake monitoring forms). The expendable monitoring items will be delivered in the weeks preceding the start of the monitoring season. The cost of the expendable monitoring items is included in the annual participation fee. III. COMPENSATION; METHOD OF PAYMENT 3.01 Payment to Council. For all labor performed and reimbursable expenses incurred by the Council under this agreement during the Monitoring Period, the City agrees to pay the Council the following amounts per lake site listed in section 2.01(b). The participation fee will be billed based on the quantity of monitoring events actually monitored or sampled. Number of Monitoring events Participation Fee (excludes monitoring equipment) 8 to 14 $760 1 to 7 $380 0 $0 For lake sites requiring monitoring equipment, the cost for a kit of monitoring equipment is $225 per kit. 3.02 Payment Schedule. Payment of the total amount owing to the Council by the City shall be made within 30 days of the date of the invoice. An invoice specifying the amount owed by the City will be sent under separate cover after the end of the monitoring period. Page 60 of 255 Metropolitan Council Contract No. 25R007J 4 3.03 Additional Analyses. The total amount specified in paragraph 3.01 does not include the cost of any additional analyses requested by the City, such as analysis of bottom samples. The Council will carry out any such additional analyses at the request of the City and subject to the availability of Council resources for carrying out such analyses. The Council will bill the City after the end of the Monitoring Period for any such additional analyses at the Council’s actual cost, and the City will promptly reimburse the Council for any such costs billed. The costs for additional analyses are provided in Exhibit A. 3.04 Replacement of Durable Equipment. The total amount specified in paragraph 3.01 does not include the cost of replacing durable monitoring equipment, such as thermometers, Secchi disks, filter holders, hand pumps, graduated cylinders, sampling jugs, forceps, and tote boxes. The Council will provide and deliver durable monitoring equipment that needs replacement upon request from the City. The Council will bill the City for any such replaced durable monitoring equipment at the Council’s actual cost, and the City will promptly reimburse the Council for any such costs billed. IV. GENERAL CONDITIONS 4.01 Period of Performance. The services of the Council will commence on April 1, 2025, and will terminate on March 31, 2026, or following work completion and payment, whichever occurs first. 4.02 Amendments. The terms of this agreement may be changed only by mutual agreement of the parties. Such changes will be effective only on the execution of written amendment(s) signed by duly authorized officers of the parties to this agreement. 4.03 City Personnel. Patrick Martin, or such other person as may be designated in writing by the City, will serve as the City’s representative and will assume primary responsibility for coordinating all services with the Council. Patrick Martin City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 952-985-4525 4.04 Council's Contract Manager. The Council's Contract Manager for purposes of administration of this agreement is Brian Johnson, or successor, or such other person as may be designated in writing by the Council. The Council’s Contract Manager will be responsible for coordinating services under this agreement. However, nothing in this agreement will be deemed to authorize the Contract Manager to execute amendments to this agreement on behalf of the Council. Page 61 of 255 Metropolitan Council Contract No. 25R007J 5 Brian Johnson, or successor Metropolitan Council 2400 Childs Road St. Paul, MN 55106 651-602-8743 4.05 Equal Employment Opportunity; Affirmative Action. The Council and the City agree to comply with all applicable laws relating to nondiscrimination and affirmative action. In particular, the Council and the City agree not to discriminate against any employee, applicant for employment, or participant in this study because of race, color, creed, religion, national origin, sex, marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age; and further agree to take action to assure that applicants and employees are treated equally with respect to all aspects of employment, including rates of pay, selection for training, and other forms of compensation. 4.06 Liability. Each party to this agreement shall be liable for the acts and omissions of itself and its officers, employees, and agents, to the extent authorized by law. Neither party shall be liable for the acts or omissions of the other party or the other party’s officers, employees or agents. Nothing in this agreement shall be deemed to be a waiver by either party of any applicable immunities or limits of liability including, without limitation, Minnesota Statutes, chapter 466 (Municipal Tort Claims). 4.07 Copyright. No reports or documents produced in whole or in part under this agreement will be the subject of an application for copyright by or on behalf of the Council or City. 4.08 Termination of Agreement. The Council and the City will both have the right to terminate this agreement at any time and for any reason by submitting written notice of the intention to do so to the other party at least 30-calendar days prior to the specified effective date of such termination. In the event of such termination, the Council shall retain a pro-rata portion of the amounts provided for in Article III, based on the number of monitoring events occurring for each lake before termination versus the total monitoring events specified for each lake. The balance of the amounts will be refunded by the Council to the City. 4.09 Force Majeure. The Council and the City agree that the City shall not be liable for any delay or inability to perform this agreement, directly or indirectly caused by, or resulting from, strikes, labor troubles, accidents, fire, flood, breakdowns, war, riot, civil commotion, lack of material, delays of transportation, acts of God or other cause beyond reasonable control of Council and the City. 4.10 Audits. Pursuant to Minn. Stat. Section 16C.05, Subd. 5, the parties agree that the books, records, documents, and accounting procedures and practices relevant to this agreement are subject to examination by either party and the state auditor or legislative auditor, as appropriate, for at least six years from the end of this agreement. 4.11 Relationship of Parties and their Employees. Nothing contained in this agreement is intended, or should be construed, to create the relationship of co-partners or a joint venture between the Council and the City. No tenure or any employment rights including worker's compensation, unemployment insurance, medical care, sick leave, vacation leave, severance pay, Page 62 of 255 Metropolitan Council Contract No. 25R007J 6 retirement, or other benefits available to the employees of one of the parties, including indemnification for third party personal injury/property damage claims, shall accrue to employees of the other party solely by the fact that an employee performs services under this agreement. 4.12 Severability. If any part of this agreement is rendered void, invalid or unenforceable such rendering shall not affect the remainder of this agreement unless it shall substantially impair the value of the entire agreement with respect to either party. The parties agree to substitute for the invalid provision a valid provision that most closely approximates the intent of the invalid provision. IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives on the dates set forth below. This agreement is effective upon final execution by, and delivery to, both parties. CITY OF LAKEVILLE: METROPOLITAN COUNCIL: By: _________________________________ Name: ______________________________ Its: _________________________________ Date: _______________________________ By: ________________________________ Name: ______________________________ Its: Monitoring and Assessment Manager Date: _______________________________ By: _________________________________ Name: ______________________________ Its: _________________________________ Date: _______________________________ Page 63 of 255 Metropolitan Council Contract No. 25R007J 7 EXHIBIT A Metropolitan Council Environmental Services Laboratory Prices for Additional Analyses Parameter Laboratory Code Price (per sample) Total Phosphorus, low level LLTP-AV LLTP-AHV (frozen) $15.50 Total Kjeldahl Nitrogen TKN-AV TKN-AHV (frozen) $15.50 Chlorophyll CLA-TR-CS CLA-CAMP $15.50 Chloride CL-AV2 $10.00 Ortho-phosphorus ORTHO-AV $12.00 Ca, Mg, + Hardness via calculation HARD-MSV2 $16.00 Alkalinity ALK-AV2 $15.50 Sulfate SO4-ICV $15.00 Metals (Cd, Cr, Cu, Pb, Ni, Zn) MET-MSV2 $48 Minerals Suite (Ca, K, Mg, Na) + Hardness via calculation MIN-MSV2 $32 Individual minerals/metals (e.g. Fe) XX-MSV2 $8.00 (per element) A parameter not on this list Contact the Council’s Contract Manager for specific pricing. Page 64 of 255 Date: 4/21/2025 Proposal from St. Croix Recreation, Inc. for Marion Fields Park Playground Equipment Proposed Action Staff recommends adoption of the following motion: Move to accept proposal from St. Croix Recreation, Inc. for Marion Fields Park Playground Equipment. Overview The Marion Fields Park playground is over 23 years of age and has been budgeted to be replaced in 2025. The 2025 approved Park Improvement Fund includes $113,000 to replace the playground, which consists of items such as the playground equipment, installation, concrete perimeter curbing and engineered wood fiber. Staff have been working with St. Croix Recreation on the design and components of the playground and presented options online that residents in the neighborhood could select as their preferred choice. At this time, Staff is recommending the Mayor and City Council approve the purchase of the playground equipment from St. Croix Recreation, Inc. through the state contract in the amount of $74,279.92. The installation of the playground will be completed by a separate contractor. Supporting Information 1. Proposal dated March 18, 2025 (for signature) 2. Color Rendering of the Playground Financial Impact: $74,279.92 Budgeted: Yes Source: Park Improvement Fund Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Mark Kruse, Parks Superintendent Page 65 of 255 By signing estimate or authorizing by email or PO, purchaser is agreeing to billing terms as listed on the estimate. Order to include model number(s), quantity and color(s) above including any supplemental documents provided and/or requested. Please verify all content for accuracy. **Those purchasing off of the MN State Contract are bound only by the terms and conditions listed in said contract** St. Croix Recreation Fun Playgrounds INC. 1826 Tower Dr W Stillwater, MN 55082-7597 USA 6514301247 hannah@stcroixrec.com Estimate ESTIMATE #7537 DATE 03/18/2025 ADDRESS City of Lakeville Email: accountspayable@lakevillemn. gov SHIP TO Marion Fields Playground 20711 Dodd Blvd Lakeville, MN 55044 PLEASE DETACH TOP PORTION AND RETURN WITH YOUR PAYMENT. ACTIVITY QTY RATE AMOUNT BCI 100-198064-1 BCI Burke 5-12 and 2-5 Year Old Playground 1 82,534.00 82,534.00T STATE CONTRACT STATE CONTRACT #218090 82,534 -0.07 -5,777.38T STATE CONTRACTSTATE CONTRACT #218090 82,534 -0.05 -4,126.70T Freight Lead Times Currently 4-6 Weeks 1 1,650.00 1,650.00T MATERIAL ITEMS AS QUOTED ARE GOOD FOR 30 DAYS. FREIGHT QUOTES ARE GOOD FOR 15 DUE TO FUEL UNCERTAINTIES. SALES TAX SUBJECT TO CHANGE. ADD IF NOT TAX EXEMPT OR SUPPLY EXEMPTION CERTIFICATE IF NOT ON FILE. PAYMENT TERMS ARE NET 30 DAYS UNLESS OTHERWISE NOTED. FAILURE TO PAY IN A TIMELY MANNER WILL BE SUBJECT TO INTEREST AT A RATE OF 1.5%/MONTH OR 18% ANNUALLY. *LEAD TIMES AND SHIPPING DATES ARE BASED ON CURRENT INVENTORY. PLEASE BE PATIENT AS OUR VENDORS NAVIGATE SUPPLY CHAINS & NATIONAL SHORTAGES. **FOR BIDDING CONTRACTORS & SUPPLIERS: ST CROIX RECREATION IS NOT LIABLE FOR INTERPRETATION OF PROJECT BIDS, DRAWINGS OR ADDENDA. IT IS THE CUSTOMER'S RESPONSIBILITY TO VERIFY ACCURACY OF MODEL NUMBER(S), DESCRIPTION(S), QUANTITY AND COLOR(S) DIRECTLY WITH END USER SUBTOTAL 74,279.92 TAX (0%)0.00 TOTAL $74,279.92 Accepted By Accepted Date By: __________________________________Luke M. Hellier, Mayor By: __________________________________Ann Orlofsky, City Clerk April 21, 2025 Page 66 of 255 Page 67 of 255 Date: 4/21/2025 Resolution Postponing the Start Time of the Monday, April 28, 2025, City Council Work Session Proposed Action Staff recommends the adoption of the following motion: Move to approve the resolution, postponing the start time of the City Council Work Session scheduled for Monday, April 28, 2025, from 6:00 p.m. to 7:00 p.m. Overview City Council Work Sessions are generally held at 6:00 p.m. prior to the regular City Council meeting. Staff is recommending a one-hour postponement of the April 28 Work Session to accommodate scheduling needs. This adjustment will not affect the scheduled time of future Council Work Session meetings. Public notice of the time change will be provided in accordance with the Minnesota Open Meeting Law, including posting on the City’s website and at designated public notice locations. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 68 of 255 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION POSTPONING THE START TIME OF THE MONDAY, APRIL 28, 2025, CITY COUNCIL WORK SESSION WHEREAS, the City Council of the City of Lakeville holds Regular Work Sessions to receive information, discuss city-related matters, and provide guidance to staff; and WHEREAS, the Regular Work Session originally scheduled for Monday, April 28, 2025, was set to begin at 6:00 p.m.; and WHEREAS, due to scheduling considerations, the City Council wishes to postpone the start time of the April 28 Regular Work Session by one hour to begin at 7:00 p.m.; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville as follows: a. The start time for the Regular City Council Work Session on Monday, April 28, 2025, is hereby postponed from 6:00 p.m. to 7:00 p.m. APPROVED AND ADOPTED this 21st day of April 2025. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 69 of 255 Date: 4/21/2025 Resolution Amending the 2025 Fee Schedule to Include Cannabis Retail Business Registration Fees Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution amending the 2025 Fee Schedule to establish registration fees for cannabis retail businesses and temporary cannabis events in accordance with state regulations. Overview In June 2024, the Minnesota Office of Cannabis Management (OCM) issued regulatory guidance requiring cities to incorporate cannabis-related licensing and compliance into local ordinances. On September 16, 2024, the City Council adopted Ordinance No. 1092, regulating adult-use cannabis retail business operations in Lakeville. State statute mandates that the following OCM-licensed entities register with the city: • Cannabis microbusinesses • Cannabis retailers • Medical cannabis combination businesses • Lower-potency hemp edible retailers Additionally, cities may authorize and regulate temporary cannabis events, including the ability to impose registration and review fees. In accordance with Minnesota statutes, cities may impose: $500 for initial registration, or half of OCM’s initial license fee (whichever is less) $1,000 for renewal registration, or half of OCM’s renewal license fee (whichever is less) The following fees are proposed for inclusion in the 2025 Fee Schedule, effective on the date of this resolution and applicable to all pending applications: Cannabis Registration Type Fee Notes Initial Registration for Cannabis Microbusiness with a retail endorsement $0 Zero initial registration fee with the City Page 70 of 255 Initial Cannabis Retail Business Registration (for retailers other than microbusinesses) $500 Applies to first-time registration with the City Renewal Cannabis Retail Business Registration $1,000 Annual renewal for continued operation Temporary Cannabis Event Review Fee $250 Administrative review of event registration Lower-Potency Hemp Edible Retailer Registration Fee $125 Applies to retailers exclusively selling lower-potency hemp edibles All cannabis-related registrations will be administratively reviewed and approved by city staff. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Ann Orlofsky, City Clerk Page 71 of 255 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION AMENDING THE 2025 FEE SCHEDULE TO INCLUDE CANNABIS RETAIL BUSINESS REGISTRATION FEES WHEREAS, the City of Lakeville has adopted Ordinance No. 1092 regulating adult-use cannabis business operations in accordance with Minnesota state law; and WHEREAS, the Minnesota Office of Cannabis Management (OCM) requires specific types of cannabis businesses to register with the city, and authorizes municipalities to charge registration and renewal fees up to limits set by state statute; and WHEREAS, the City of Lakeville desires to incorporate cannabis-related registration fees into the 2025 Fee Schedule to recover administrative costs and ensure safe and lawful operations; and WHEREAS, all cannabis-related registrations and event reviews shall be administratively reviewed and approved by City staff; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota, that the 2025 Fee Schedule is hereby amended to include the following cannabis retail registration fees, effective on the date of this resolution and applicable to all pending applications: Cannabis Retail Business Registration Fees: Cannabis Registration Type Fee Notes Initial Registration for Cannabis Microbusiness with a retail endorsement $0 Zero initial registration fee with the City Initial Cannabis Retail Business Registration (for retailers other than microbusinesses) $500 Applies to first-time registration with the City Renewal Cannabis Retail Business Registration $1000 Annual renewal for continued operation Temporary Cannabis Event Review Fee $250 Administrative review of event registration Lower-Potency Hemp Edible Retailer Registration $125 Applies to retailers exclusively selling lower-potency hemp edibles Page 72 of 255 BE IT FURTHER RESOLVED that staff is authorized to administer the collection and processing of these fees in accordance with applicable state and local regulations. ADOPTED by the Lakeville City Council this 21st day of April 2025. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 73 of 255 Date: 4/21/2025 An Ordinance Amending Title 8, Chapters 1 and 2 of the Lakeville City Code Concerning the Fire Department and Explosives Proposed Action Staff recommends adoption of the following motion: Move to approve 1) an ordinance amending Title 8, Chapter 1 of the Lakeville City Code, and 2) summary ordinance for publication in the legal newspaper. Overview The fire department completed a review of Title 8, Chapter 1 of the city code as it pertains to the fire department. The code has not been updated recently and does not match the current guidelines and policies of the fire department. The Public Safety Committee was presented the proposed changes on March 24, 2025. The city attorney has reviewed the code and recommends that this section is updated in accordance with the policies and procedures of the Fire Department. Supporting Information 1. DOCS-#235544-v1- SUMMARY_ORDINANCE_FIRE_DEPARTMENT_AND_EXPLOSIVES 2. DOCS-#235543-v1- ORDINANCE_AMENDING_FIRE_DEPARTMENT_AND_EXPLOSIVES 3. TITLE 8 FIRE PREVENTION AND PROTECTION .Redline Financial Impact: $0.00 Budgeted: No Source: Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Michael Meyer, Fire Chief Page 74 of 255 CITY OF LAKEVILLE RESOLUTION NO._________ AN ORDINANCE AMENDING TITLE 8, CHAPTERS 1 AND 2 OF THE LAKEVILLE CITY CODE CONCERNING THE FIRE DEPARTMENT AND EXPLOSIVES WHEREAS, the City Council of the City of Lakeville, Minnesota (the "City") has determined that updates to Title 8 of the Lakeville City Code are necessary to better reflect current practices and requirements related to fire prevention, fire safety, and false alarms; and WHEREAS, these amendments include updates to the incorporation and enforcement of the Minnesota State Fire Code, enhanced clarity in definitions and open burning requirements, and refined regulations addressing recreational fires, prohibited materials, and fire lanes; and WHEREAS, additional revisions are made to false alarm procedures and penalties, and language clarifying the regulation of fire lanes and the handling and use of explosives is incorporated; and WHEREAS, the City has reviewed the proposed ordinance in accordance with applicable state statutes and local ordinances and has determined that adoption of said ordinance serves the public health, safety, and general welfare of the community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota, as follows: a. Approval of Amendments: The amendments to Title 8 of the Lakeville City Code, entitled "Fire Prevention and Protection," as set forth in the attached ordinance amendment, are hereby adopted. b. Incorporation by Reference: The revised ordinance is incorporated into this resolution by reference as if fully set forth herein. c. Effective Date: The amended provisions of Title 8 shall become effective upon publication according to law. ADOPTED by the City Council of the City of Lakeville this 21st day of April, 2025. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: Page 75 of 255 _________________________ Ann Orlofsky, City Clerk Page 76 of 255 235544v1 SUMMARY ORDINANCE NO. ___ CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 8, CHAPTERS 1 AND 2 OF THE LAKEVILLE CITY CODE CONCERNING THE FIRE DEPARTMENT AND EXPLOSIVES NOTICE IS HEREBY GIVEN that on April __, 2025, Ordinance No. 2025-___ was adopted by the City Council of the City of Lakeville. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 2025-___, the following summary of the Ordinance has been prepared for publication: This Ordinance amends Title 8, Chapter 1 of the Lakeville City Code concerning the fire department by removing outdated provisions and adding provisions related to (i) the establishment of fire lanes, (ii) open burning and (iii) fires or barbecues on balconies or patios. This Ordinance amends Title 8 by deleting Chapter 2 relating to explosives. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this ______ day of _______________, 2025. CITY OF LAKEVILLE BY: _______________________________ Luke M. Hellier, Mayor ATTEST: ____________________________ Ann Orlofsky, City Clerk Page 77 of 255 1 235543v1 ORDINANCE NO. ___ CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 8, CHAPTERS 1 AND 2 OF THE LAKEVILLE CITY CODE CONCERNING THE FIRE DEPARTMENT AND EXPLOSIVES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Title 8, Chapter 1 of the Lakeville City Code is hereby amended in its entirety to read as follows: TITLE 8 FIRE PREVENTION AND PROTECTION CHAPTER 1 FIRE DEPARTMENT SECTION: 8-1-1: Purpose 8-1-2: Enforcing Officers; Interference with Fire Department 8-1-3: Fire Lanes Established 8-1-4: Minnesota State Fire Code Adopted 8-1-5: Definitions: 8-1-6: Open Burning 8-1-7: Fires Or Barbecues On Balconies Or Patios 8-1-1: PURPOSE: A. To provide for the reasonable protection of life and property from the hazards of fire and explosive materials. To reduce and manage amounts of flammable, combustible, and hazardous materials, reduce ignition hazards, ensure safe emergency evacuation of occupants, and allow for quick emergency response. B. The Fire Chief shall administer and enforce this chapter as the Fire Code of the city. 8-1-2: ENFORCING OFFICERS; INTERFERENCE WITH DEPARTMENT A. The Fire Chief and Fire Marshal shall have the authority to issue a citation in lieu of arrest or continued detention for any violation of this chapter, the state code or Minnesota Rules Chapter 7511. B. No person shall refuse or neglect to obey any reasonable order of the Chief or the Chief’s designee at an emergency scene or interfere with the Fire Department in the discharge of its duties. Page 78 of 255 2 235543v1 8-1-3: FIRE LANES ESTABLISHED: The Fire Chief or Police Chief may order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "No Parking-Fire Lane" or the international symbol for no parking "(P/)". When the fire lane is on public property or a public right of way, the signs shall be erected by the City, and when on private property, shall be erected by the owner at the owner's expense within thirty (30) days after such owner has been notified of the order. Thereafter no person shall park a vehicle or otherwise occupy or obstruct the fire lane. Violators will be tagged and/or towed at the owner's expense. 8-1-4: MINNESOTA STATE FIRE CODE ADOPTED. A. Incorporation By Reference: The City incorporates by reference the Minnesota State Fire Code as adopted pursuant to Minnesota Statutes, Section 299F.011, and as modified by Minnesota Rules, Chapter 7511, one (1) copy of which is on file with the Office of the Lakeville Fire Chief. Every provision contained in the Minnesota State Fire Code, except as modified or amended by this chapter, is hereby adopted and made a part of this chapter as if fully set forth herein. B. Jurisdiction: Wherever the word "jurisdiction" is used in the Minnesota State Fire Code, it shall be held to mean the City of Lakeville. C. Code: Whenever the term “this code” is used in the Minnesota State Fire Code or this Title, it shall mean the code adopted pursuant to this Title. D. Enforcement Official: The Fire Chief serving the City, or the Fire Chief’s representative as authorized by the City Administrator, shall administer and enforce the provisions of this Title. E. Permits: A permit required by the Minnesota Fire Code may be obtained by submission of an application to the Lakeville Fire Chief along with any fee established by the City Council from time to time. 8-1-5: DEFINITIONS: For the purposes of this chapter, except where the context otherwise requires, the terms defined herein shall have the meanings given them: OPEN BURNING: The burning of any matter if the resulting combustion products are emitted directly into the atmosphere without passing through a stack, duct, or chimney, except a recreational or camp fire as defined herein. Mobile cooking devices such as charcoal grills, wood Page 79 of 255 3 235543v1 smokers, manufactured hibachis, and propane or natural gas devices are not considered open burning devices. RECREATIONAL FIRE: A fire, no more than three feet (3') in diameter, completely surrounded by non-combustible and non-smoke or odor-producing material, either natural rock, cement, brick, tile, blocks, or ferrous metal. Burning barrels are not a recreational fire site. Recreational fire sites shall not be located closer than twenty five feet (25') to any structure or combustible material. 8-1-6: OPEN BURNING: A. Adoption Of State Law By Reference: The provisions of Minnesota Statutes chapter 88, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, permits, and all other matters pertaining to open burning are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the City Council that all future amendments of Minnesota Statutes chapter 88, are hereby adopted by reference as if they had been in existence at the time this chapter was adopted. B. The City May Be More Restrictive Than State Law: The Council is authorized to impose, and has imposed in this chapter, additional restrictions on open burning within its limits beyond those contained in Minnesota Statutes chapter 88, as it may be amended from time to time. C. Prohibited, Except By Permit: No person shall start or allow any open burning on any property in the City without first having obtained an open burning permit. D. Application And Fees: 1. Open burning permits shall be obtained by making application on a form prescribed by the DNR and adopted by the Lakeville Fire Department. 2. An open burning permit shall require the payment of a fee. Permit fees shall be in an amount established by the City Council. E. Exceptions: A permit is not required for any fire which is a recreational fire that complies with the requirements of this chapter. F. Recreational Fire Requirements: A recreational fire is subject to the following requirements: 1. A recreational fire is not permitted when a burning ban or air quality alert is in effect. 2. The recreational fire site shall have appropriate communication and fire suppression equipment available. 3. The recreational fire shall be attended to at all times by an adult. No fire may ever be allowed to smolder. Page 80 of 255 4 235543v1 4. The recreational fire must be a minimum of ten feet (10') from property lines. 5. A recreational fire is not allowed if winds exceed fifteen (15) miles per hour. 6. Smoke from a recreational fire may not unreasonably impact neighboring property owners. G. Prohibited Materials: 1. No person shall conduct, cause, or permit the open burning of oils, petroleum fuels, rubber, plastic, chemically treated materials, or other materials that produce excessive or noxious smoke such as, but not limited to: tires; railroad ties; treated, painted, or glued wood composite shingles; tar paper; insulation; composition board; sheet rock; wiring; or paint and paint filters. 2. No person shall conduct, cause, or permit the open burning of: hazardous waste or materials from salvage operations; solid waste generated from an industrial or manufactured process; materials from a service or commercial establishment; or building materials generated from demolition of commercial or institutional structures. 3. No person shall conduct, cause, or permit the open burning of discarded materials resulting from the handling, processing, storage, preparation, serving, or consumption of food. 4. No person shall conduct, cause, or permit the open burning of any leaves, brush, or grass clippings. 8-1-4: FIRES OR BARBECUES ON BALCONIES OR PATIOS: A. Open Flame Prohibited: In any structure containing three (3) or more dwelling units that have a common hallway and/or a shared means of egress, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen feet (15') of a structure. B. Fuel Storage Prohibited: No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in subsection A of this section. C. Exception: Listed electric or gas fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of eighteen inches (18") on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the Fire Chief. SECTION 2. Title 8, Chapter 2 of the Lakeville City Code is hereby deleted in its entirety. SECTION 3. Effective Date. This ordinance shall be effective immediately upon its passage and publication. Page 81 of 255 5 235543v1 ADOPTED by the City Council of the City of Lakeville, Minnesota this ___ day of __________, 2025. CITY OF LAKEVILLE BY: _______________________________ Luke M. Hellier, Mayor ATTEST: ____________________________ Ann Orlofsky, City Clerk Page 82 of 255 TITLE 8 FIRE PREVENTION AND PROTECTION CHAPTER 1 FIRE DEPARTMENT SECTION: 8-1-1: Organization 8-1-1: Purpose 8-1-2: Personnel 8-1-2: Enforcing Officers; interference with Fire Department 8-1-3: Fire Lanes Established 8-1-14: Minnesota State Fire Code Adopted 8-1-25: DEFINITIONSDefinitions: 8-1-36: Open Burning 8-1-47: Fires Or Barbecues On Balconies Or Patios 8-1-3: Firefighter Qualifications 8-1-4: Duties Of The Chief; Regulations 8-1-5: Acting Chief; Term And Duties 8-1-6: Compensation 8-1-7: Interference With Department 8-1-1: ORGANIZATION: A. The fire department of this city is hereby continued and shall operate, pursuant to the provisions of this chapter. B. The members of the fire department may organize themselves into a firefighter's relief association in accordance with state law. (Ord. 887, 2-21-2012; amd. Ord. 1041, 2-16-2021) 8-1-1: Purpose: (a) To provide for the reasonable protection of life and property from the hazards of fire and explosive materials. To reduce and manage amounts of flammable, combustible, and Page 83 of 255 hazardous materials, reduce ignition hazards, ensure safe emergency evacuation of occupants, and allow for quick emergency response. (b) The Fire Chief shall administer and enforce this chapter as the Fire Code of the city. 8-1-2: Enforcing Officers; interference with Fire Department (a) The Fire Chief and Fire Marshal shall have the authority to issue a citation in lieu of arrest or continued detention for any violation of this chapter, the state code or Minnesota Rules, part 7510.0200 et seq. (b) No person shall refuse or neglect to obey any reasonable order of the Chief or the Chief’s designee at an emergency scene or interfere with the Fire Department in the discharge of its duties. 8-1-2: PERSONNEL: A. The department shall be composed of a full time fire chief and a number of firefighters as specifically authorized by the city council. B. The officers of the department shall include the chief and other officers as deemed necessary by the chief. The chief and department officers must meet the qualifications set forth in the position descriptions. C. The chief shall be appointed, following a selection process, by the city administrator and report to the city administrator. The selection of the chief must be confirmed by the city council. D. Officers shall be appointed by the chief with approval by the city administrator. (Ord. 887, 2- 21-2012) 8-1-3: FIREFIGHTER QUALIFICATIONS: A. General: Appointments to the Fire Department shall be on a nondiscriminatory basis, subject to the applicant meeting the requirements of a firefighter as set forth in the position description. No person shall commence any firefighter duties until that person has been appointed by the city administrator as recommended by the Fire Chief. B. Age: No person shall be appointed to the fire department who, on the effective date of initial appointment, is less than eighteen (18) years of age. C. Probationary Period: All firefighters shall serve a probationary period of at least twenty four (24) months commencing on the effective date of initial appointment. The probationary period shall be considered a part of the examination process. (Ord. 887, 2-21-2012; amd. Ord. 1041, 2-16-2021) 8-1-4: DUTIES OF THE CHIEF; REGULATIONS: A. The chief shall be responsible to the city council, under the direction of the city administrator. The Fire Chief shall oversee all Fire Department operations including to but not limited to; fire code enforcement, staffing, training, reports and record keeping, public informational programming and budgeting. When necessary and appropriate, the Fire Chief shall oversee firefighters at the scene of emergency incidents. The chief shall submit quarterly and annual reports to the city council concerning the activities of the department. Specific duties of the fire chief shall be prescribed in a job description prepared by the city's human resources manager in consultation with the city administrator. B. The Fire Chief shall be responsible for the development and enforcement of a policies and procedures manual relating to the safe and prudent operation of the Fire Department. Page 84 of 255 C. The Fire Chief shall be responsible for keeping of adequate records as may be required by city council and state fire marshal. (Ord. 887, 2-21-2012; amd. Ord. 1041, 2-16-2021) 8-1-5: ACTING CHIEF; TERM AND DUTIES: In the absence or disability of the chief, the next highest ranking officer in the department, according to the chain of command previously established by the chief, shall assume the full authority and responsibility of the chief. (Ord. 887, 2-21-2012) 8-1-6: COMPENSATION: The city council shall determine by resolution firefighters' compensation. (Ord. 887, 2-21- 2012) 8-1-7: INTERFERENCE WITH DEPARTMENT: No person shall refuse or neglect to obey any reasonable order of the fire chief or the fire chief's designee at an emergency scene or interfere with the fire department in the discharge of its duties. (Ord. 887, 2-21-2012) 8-1-3: FIRE LANES ESTABLISHED: The Fire Chief or Police Chief may order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked. When a fire lane has been ordered to be established, it shall be marked by a sign bearing the words "No Parking-Fire Lane" or the international symbol for no parking "(P/)". When the fire lane is on public property or a public right of way, the signs shall be erected by the City, and when on private property, shall be erected by the owner at the owner's expense within thirty (30) days after such owner has been notified of the order. Thereafter no person shall park a vehicle or otherwise occupy or obstruct the fire lane. Violators will be tagged and/or towed at the owner's expense. (Ord. 240, 4-2-84) 8-1-41: Minnesota State Fire Code Adopted A. Incorporation By Reference: The City incorporates by reference the Minnesota State Fire Code as adopted pursuant to Minnesota Statutes, Section 299F.011, and as modified by Minnesota Rules, Chapter established in chapter 7511, of the Minnesota Rules, one (1) copy of which is on file with the Office of the Lakeville Fire Chief. Every provision contained in the Minnesota State Fire Code, except as modified or amended by this chapter, is hereby adopted and made a part of this chapter as if fully set forth herein. B. Jurisdiction: Wherever the word "jurisdiction" is used in the Minnesota State Fire Code, it shall be held to mean the City of Lakeville. C. Code: Whenever the term “this code” is used in the Minnesota State Fire Code or this Title, it shall mean the code adopted pursuant to this Title. DC. Enforcement Official: The Fire Chief serving the City, or the Fire Chief's representative as authorized by the City Administrator, shall administer and enforce the provisions of this sectionTitle. Page 85 of 255 ED. Permits: A permit required by the Minnesota Fire Code may be obtained by submission of an application to the Lakeville Fire Chief along with any fee established by the City Council from time to time. 8-1-25: DEFINITIONS: For the purposes of this chapter, except where the context otherwise requires, the terms defined herein shall have the meanings given them: OPEN BURNING: The burning of any matter if the resulting combustion products are emitted directly into the atmosphere without passing through a stack, duct, or chimney, except a recreational or camp fire as defined herein. Mobile cooking devices such as charcoal grills, wood smokers, manufactured hibachis, and propane or natural gas devices are not considered open burning devices. RECREATIONAL FIRE: A fire, no more than three feet (3') in diameter, completely surrounded by non-combustible and non-smoke or odor-producing material, either natural rock, cement, brick, tile, blocks, or ferrous metal. Burning barrels are not a recreational fire site. Recreational fire sites shall not be located closer than twenty five feet (25') to any structure or combustible material. (Ord. 983, 7-5-2017) 8-1-36: OPEN BURNING: A. Adoption Of State Law By Reference: The provisions of Minnesota Statutes chapter 88, as they may be amended from time to time, with reference to the definition of terms, conditions of operation, permits, and all other matters pertaining to open burning are hereby adopted by reference and are made a part of this chapter as if set out in full. It is the intention of the City Council that all future amendments of Minnesota Statutes chapter 88, are hereby adopted by reference as if they had been in existence at the time this chapter was adopted. B. The City May Be More Restrictive Than State Law: The Council is authorized to impose, and has imposed in this chapter, additional restrictions on open burning within its limits beyond those contained in Minnesota Statutes chapter 88, as it may be amended from time to time. C. Prohibited, Except By Permit: No person shall start or allow any open burning on any property in the City without first having obtained an open burning permit. D. Application And Fees: 1. Open burning permits shall be obtained by making application on a form prescribed by the DNR and adopted by the Lakeville Fire Department. Page 86 of 255 2. An open burning permit shall require the payment of a fee. Permit fees shall be in an amount established by the City Council. E. Exceptions: A permit is not required for any fire which is a recreational fire that complies with the requirements of this chapter. F. Recreational Fire Requirements: A recreational fire is subject to the following requirements: 1. A recreational fire is not permitted when a burning ban or air quality alert is in effect. 2. The recreational fire site shall have appropriate communication and fire suppression equipment available. 3. The recreational fire shall be attended to at all times by an adult. No fire may ever be allowed to smolder. 4. The recreational fire must be a minimum of ten feet (10') from property lines. 5. A recreational fire is not allowed if winds exceed fifteen (15) miles per hour. 6. Smoke from a recreational fire may not unreasonably impact neighboring property owners. G. Prohibited Materials: 1. No person shall conduct, cause, or permit the open burning of oils, petroleum fuels, rubber, plastic, chemically treated materials, or other materials that produce excessive or noxious smoke such as, but not limited to: tires; railroad ties; treated, painted, or glued wood composite shingles; tar paper; insulation; composition board; sheet rock; wiring; or paint and paint filters. 2. No person shall conduct, cause, or permit the open burning of: hazardous waste or materials from salvage operations; solid waste generated from an industrial or manufactured process; materials from a service or commercial establishment; or building materials generated from demolition of commercial or institutional structures. 3. No person shall conduct, cause, or permit the open burning of discarded materials resulting from the handling, processing, storage, preparation, serving, or consumption of food. 4. No person shall conduct, cause, or permit the open burning of any leaves, brush, or grass clippings. 8-1-47: FIRES OR BARBECUES ON BALCONIES OR PATIOS: A. Open Flame Prohibited: In any structure containing three (3) or more dwelling units that have a common hallway and/or a shared means of egress, no person shall kindle, maintain, or cause any fire or open flame on any balcony above ground level, or on any ground floor patio within fifteen feet (15') of a structure. B. Fuel Storage Prohibited: No person shall store or use any fuel, barbecue, torch, or other similar heating or lighting chemical or device in the locations designated in subsection A of this section. C. Exception: Listed electric or gas fired barbecue grills that are permanently mounted and wired or plumbed to the building's gas supply or electrical system and that maintain a minimum clearance of eighteen inches (18") on all sides, unless listed for lesser clearances, may be installed on balconies and patios when approved by the Fire Chief. 8-1-5: FIRE LANES ESTABLISHED: The Fire Chief or Police Chief may order the establishment of fire lanes on public or private property as may be necessary in order that the travel of fire equipment may not be interfered with, and that access to fire hydrants or buildings may not be blocked. When a fire lane has Page 87 of 255 been ordered to be established, it shall be marked by a sign bearing the words "No Parking-Fire Lane" or the international symbol for no parking "(P/)". When the fire lane is on public property or a public right of way, the signs shall be erected by the City, and when on private property, shall be erected by the owner at the owner's expense within thirty (30) days after such owner has been notified of the order. Thereafter no person shall park a vehicle or otherwise occupy or obstruct the fire lane. Violators will be tagged and/or towed at the owner's expense. Page 88 of 255 CHAPTER 2 FALSE ALARMS SECTION: 8-2-1: Purpose 8-2-2: Definitions 8-2-3: False Alarms; Penalties 8-2-4: Collection Of False Alarm Emergency Service Charges 8-2-1: PURPOSE: The purpose and intent of this chapter is to protect the health, safety and welfare of the residents of the City. Responding to false alarms depletes the limited resources, people and equipment, with which the City has to respond to emergencies. Further, increased development in the City creates additional demands on the resources of the Police and Fire Department. Therefore, in order to protect the residents of the City by maximizing the limited resources available to the City, this section attempts to encourage alarm users to properly maintain and use their alarm systems. (Ord. 1017, 10-7-2019) 8-2-2: DEFINITIONS: The following terms shall have the following meanings for the purpose of this chapter: ALARM SYSTEM: Any instrument or other device that, as one of its purposes, is used to protect buildings, premises or persons from criminal acts, unauthorized entries or acts of nature by warning persons of crime, unauthorized entry and acts of nature through the emission or transmission of a sound or signal designed to prompt a response by Police or Fire Departments. ALARM USER: Any person, employee, firm, partnership, association, corporation, company or organization of any kind which uses or is in control of an alarm system, regardless of whether it owns or leases the system. FALSE ALARM: Any activation of an alarm system that results in a response by the Police or Fire Department where an emergency situation does not exist. "False Alarm" includes, but is not limited to, activation of an alarm system through mechanical failure, malfunction, improper installation, or the negligent use or maintenance of the alarm system by its owner or lessee or by the owner's or lessee's employees or agents. "False Alarm" does not include activation of the alarm by utility company power outages or by climatic conditions such as tornadoes, lightning, earthquakes, other violent conditions of nature, or any other conditions which are clearly beyond the control of the alarm manufacturer, installer and owner. "False Alarm" does not include activation of an alarm system as the result of an effort or order to upgrade, install, test, or maintain the system, if the Police/Fire Dispatcher and, where applicable, central monitoring agency for the alarm system are each notified in advance of the upgrade, installation, test or maintenance. (Ord. 1017, 10-7-2019) 8-2-3: FALSE ALARMS; PENALTIES: The City will impose emergency service charges per the official fee schedule on any alarm user for each false alarm in excess of the first call per calendar year. (Ord. 1017, 10-7-2019) 8-2-4: COLLECTION OF FALSE ALARM EMERGENCY SERVICE CHARGES: A. If the emergency service charges remain unpaid after thirty (30) days' notice of delinquency is sent to the alarm user, the City will use all practical and reasonable legal means to collect the Page 89 of 255 emergency service charge. The alarm user shall be liable for all collection costs incurred by the City including, but not limited to, reasonable attorney fees and court costs. B. If the emergency service charge remains unpaid for thirty (30) days after the notice of delinquency is sent, the City Council may also, on or before October 15 of each year, certify the unpaid emergency service charge to the County Auditor in which the recipient of the services owns real property for collection with property taxes. The County Auditor is responsible for remitting to the City all charges collected on behalf of the City. The City must give the property owner notice of its intent to certify the unpaid fire service charge by September 15. (Ord. 1017, 10-7-2019) CHAPTER 2 EXPLOSIVES – This is covered under fire code. SECTION: 8-2-1: Scope 8-2-2: Definitions 8-2-3: Mandatory Permits For Acquisition And Use 8-2-3-1: Permits Required 8-2-3-2: Permit Application 8-2-3-3: Investigation 8-2-3-4: Grant, Deny Permits (Rep. by Ord. 728, sec. 3, 3-17-2003) 8-2-3-5: Permit Fees, Term 8-2-3-6: Transfer Of Permit 8-2-3-7: Permit Revocation 8-2-4: Seller's Record To Be Kept Page 90 of 255 8-2-5: Storage And Security Requirements 8-2-6: Report Of Thefts 8-2-7: Bomb Threats 8-2-1: SCOPE 1 : A. This chapter shall apply to the manufacture, keeping, having, storage, sale, transportation and use of explosives and blasting agents. B. It shall not apply to the following: 1. Transportation of explosives or blasting agents when under the jurisdiction of and in compliance with the regulations of the federal department of transportation. 2. Shipment, transportation and handling of military explosives by the armed forces of the United States and the state militia. 3. Transportation and use of explosives or blasting agents in the normal and emergency operation of federal agencies or operation of federal agencies or state or municipal fire and police departments, providing performance of their duties, they are acting in their official capacities and in the proper performance of their duties. 4. Sale and use (public display) of pyrotechnics and commonly known as fireworks 2 . C. This chapter shall not apply to the following commodities and items: 1. Stocks of small arms ammunition; propellant actuated power cartridges; small arms ammunition primers in quantities of less than one million (1,000,000), smokeless propellant in quantities of less than seven hundred fifty (750) pounds. 2. Explosive actuated power devices when in quantities of less than fifty (50) pounds net weight of explosives. 3. Fuse lighters and fuse igniters. 4. Safety fuse (safety fuse does not include cordeau detonant fuse), and 3/32 inch cannon fuses or matchlock fuses (slow match). 5. The sale or transfer of black powder or other commonly used nonsmokeless propellant in individual transactions involving quantities of five (5) pounds or less when used for muzzle loaded sports equipment or used in the hand loading of sports equipment. (Ord. 47, sec. 1, 1970) Notes 1 1. MSA 412.221, subdivisions 17 and 32; 299F.73. Page 91 of 255 Date: 4/21/2025 Proposal from Farmers Mill and Elevator, Inc. for Grand Prairie Park Fertilizer Proposed Action Staff recommends adoption of the following motion: Move to accept proposal from Farmers Mill and Elevator, Inc. for Grand Prairie Park fertilizer. Overview The construction of Grand Prairie Park was approved as a part of the November 2021 Park Bond Referendum. Staff have reviewed options from multiple suppliers and consultants to develop a fertilization plan for the grow in of the athletic fields. Fertilizer will be incorporated into the soil prior to seeding taking place in May. Farmers Mill and Elevator (FMX) was selected to provide the fertilizer for Grand Prairie Park. FMX has a strong relationship with the general contractor for the project (Friedges Contracting, LLC) and will coordinate the delivery and application of the materials on the property. FMX is the sole supplier of this product as they are the only supplier able to deliver the quantity of product required in a tender truck. Without the tender truck, 640 bags of fertilizer would need to be hand delivered to the project site, greatly increasing labor costs. At this time, Staff is recommending the Mayor and City Council approve the purchase of the fertilizer from Farmers Mill and Elevator, Inc. in the amount of $24,240. Supporting Information 1. Proposal dated April 11, 2025 (for signature) Financial Impact: $24,240.00 Budgeted: Yes Source: Park Bond Referendum Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Mark Kruse, Parks Superintendent Page 92 of 255 FARMERS MILL AND ELEVATOR INC. 27920 Danville A venue P.O. Box 488 Castle Rock, MN 55010 Telephone (651 )463-1316 Cellular 651-775-0880 FAX (651)463-1317 Grain -Feed -Seed -Fertilizer -Chemicals TO: CITY OF LAKEVILLE MARK KRUSE, PAUL MISKIMIN Project: GRAND PRAIRIE PARK Location: LAKEVILLE, MN Duration: 2025 season Quotation Date: APRIL 11 2025 ITEM DESCRIPTION SUSTANE 4-4-4 BOLSTER 16 ACRES ATHLETIC FIELDS QTY UNIT VALUE 32000 LBS $0.7575 *Price quotes valid for 30 days unless otherwise noted __ _ Mike Zeidlhack Quoted by Please note: ***************************************** APRIL 11 2025 Date TOTAL $24,240.00 $24,240.00 Date: April 21, 2025 By: __________________________________Luke M. Hellier, Mayor By: __________________________________Ann Orlofsky, City Clerk Page 93 of 255 Date: 4/21/2025 Agreement with Twin Cities Recreation, Inc. for Marion Fields Park Playground Equipment Installation Proposed Action Staff recommends adoption of the following motion: Move to Approve the Agreement with Twin Cities Recreation, Inc. for the installation of Marion Fields Park playground equipment. Overview The Marion Fields Park playground is over 23 years of age and has been budgeted to be replaced in 2025. The 2025 approved Park Improvement Fund includes $113,000 to replace the playground, which consists of items such as the playground equipment, installation, concrete perimeter curbing and engineered wood fiber. Staff have been working with Twin Cities Recreation, Inc. to coordinate installation of the new playground equipment. At this time, Staff is recommending the Mayor and City Council approve the Agreement with Twin Cities Recreation, Inc. for the installation of Marion Fields Park playground equipment in the amount of $20,982.82. The equipment will be purchased from a separate contractor. Supporting Information 1. Agreement with Twin Cities Recreation, Inc. 2. Estimate dated March 13, 2025 Financial Impact: $20,982.82 Budgeted: Yes Source: Park Improvement Fund Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Mark Kruse, Parks Superintendent Page 94 of 255 1 184651v1 AGREEMENT BETWEEN CITY OF LAKEVILLE AND TWIN CITIES RECREATION, INC. FOR MARION FIELDS PARK PLAYGROUND EQUIPMENT INSTALLATION THIS AGREEMENT made this 21st day of April 2025, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and TWIN CITIES RECREATION, INC., (“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. Contractor’s Estimate dated March 13, 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 “B” 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 Estimate. 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. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applications for Payment will be processed by the Parks Superintendent. B. Progress Payments; Retainage. Owner shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. 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) Page 95 of 255 2 184651v1 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 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. D. Final Payment. Upon final completion of the Work, Owner shall pay the remainder of the Contract Price as recommended by the Parks Superintendent. Final completion shall be when all of the work is completed per the contract and 80% of the permanent cover is established, as determined by the Parks Superintendent. 5. COMPLETION DATE. The Work must be completed by September 1, 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 has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the site. Page 96 of 255 3 184651v1 E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any 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 of the Contract Documents. G. 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. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. Page 97 of 255 4 184651v1 (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 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 98 of 255 5 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 replace, 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 General Conditions. 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 Page 99 of 255 6 184651v1 other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the 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 Page 100 of 255 7 184651v1 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. 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. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall give all notices necessary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. N. If the work is delayed or the sequencing of work is altered because of the action or inaction of the Owner, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. OWNER: CONTRACTOR: CITY OF LAKEVILLE TWIN CITIES RECREATION, INC. BY: ____________________________ BY: ____________________________ Luke Hellier, Mayor Its: _____________________________ AND ___________________________ Ann Orlofsky, City Clerk Page 101 of 255 E S T I M AT E TWIN CITIES RECREATION, INC. 1 7708 Flair Cir Farm in gton, MN 550 2 4 Tcrecreation in c@gmail.com +1 (61 2 ) 26 9 -1 1 81 Bil l t o Mark Kruse City of Lakeville Estimate details Estimate no.: 152 9 Estimate date: 0 3/13/2025 Expiration date: 0 8/31/2025 P.O. N umber: Marion Fields Sales Rep: 1 #Date Product or service SKU Description Qty Rate Amount 1.Playgrou n d in stallatio n Ins tallation of B CI B urk e eq uip ment p rop os al #100-198064-1 1 $18,982.82 $18,982.82 2.L u ll Mach in e Lull Need ed 1 $2,000.00 $2,000.00 No te to cus to mer Your es timate is r ead y. Pleas e d o reach out if there ar e any q ues tions . We look for ward to the op p or tunity of d oing b us ines s with y ou. R egar d s , Twin Cities R ecr eation, INC. Total $20,982.82 E xp iry d ate 08/31/2025 A ccepted d ate A ccep ted by Page 102 of 255 Date: 4/21/2025 Agreement with Xcel Energy for Streetlight Replacement Proposed Action Staff recommends adoption of the following motion: Move to approve agreements with Xcel Energy for the replacement of streetlights on 212th Street, 205th Street and Impatiens Way Overview Staff is requesting City Council approval of three agreements with Xcel Energy to replace non- functioning streetlights located on 212th Street, 205th Street, and Impatiens Way. These streetlights are over 25 years old and have exceeded their expected service life. The City contracts with both Dakota Electric Association and Xcel Energy for the maintenance and operation of all streetlights within the public right-of-way. The streetlights proposed for replacement fall within Xcel Energy’s service territory. Under the proposed agreements, the City would continue to pay the monthly electricity and maintenance fees, while Xcel Energy would maintain the new streetlights for a period of 25 years. Supporting Information 1. 9194 212th St W Street Light Replacement Agreement 2. 10684 205th St W Streetlight Replacement Agreement 3. 20433 Impatiens Way Streetlight Replacement Agreement Financial Impact: $52,059.05 Budgeted: Yes Source: Streetlight Fund Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Paul Oehme, Public Works Director Page 103 of 255 Page 104 of 255 Page 105 of 255 Page 106 of 255 Page 107 of 255 Page 108 of 255 Page 109 of 255 Page 110 of 255 Page 111 of 255 Page 112 of 255 Page 113 of 255 Page 114 of 255 Page 115 of 255 Page 116 of 255 Page 117 of 255 Page 118 of 255 Page 119 of 255 Page 120 of 255 Page 121 of 255 Date: 4/21/2025 Airlake DEA 2nd Addition Final Plat Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Airlake DEA 2nd Addition final plat. Overview Dakota Electric Association has submitted a final plat for Airlake DEA 2nd Addition. The plat consists of one lot and one outlot on a 77.85 acre parcel. The property is located east of Cedar Avenue (CSAH 23) and north of 225th Street. The City Council approved the preliminary plat for Airlake DEA 2nd Addition on March 3, 2025 and the Airlake DEA final plat on March 17, 2025. The new headquarters for Dakota Electric Association includes 70,000 square feet of office space in addition to warehouse and maintenance storage as well as enclosed storage for company vehicles. The Airlake DEA 2nd Addition final plat is consistent with the approved preliminary plat and the final plat plans have been reviewed by Engineering staff. Supporting Information 1. Final Plat Resolution 2. Development Contract 3. Stormwater Maintenance Agreement 4. Planning and Engineering Staff Reports 3-19-25 5. A -B Maps 6. C-D Final and Prelim Plat 7. E- G Civil Plans 8. H- I Photometric and Elevations Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Heather Botten, Senior Planner Page 122 of 255 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE RESOLUTION NO. 25-____ RESOLUTION APPROVING THE FINAL PLAT OF AIRLAKE DEA 2nd ADDITION WHEREAS, the owner of the property described as AIRLAKE DEA 2nd ADDITION has requested final plat approval; and WHEREAS, a public hearing concerning the preliminary plat was reviewed by the Lakeville Planning Commission in accordance with Minnesota Statutes, Section 462.357 Subd. 3; WHEREAS, the final plat is consistent with the preliminary plat approved by the City Council; and WHEREAS, the final plat is acceptable to the City. NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. The AIRLAKE DEA 2nd ADDITION final plat is approved subject to the developer entering into a development contract, submittal of security requirements, stormwater agreement, and the stipulations and requirements listed in the Engineering Division memorandum dated March 19, 2025. 2. The Mayor and City Clerk are hereby authorized to sign the final plat mylars, development contract, and all documents pursuant to the approved development contract. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. ADOPTED by the Lakeville City Council this 21st day of April 2025 Page 123 of 255 2 CITY OF LAKEVILLE Luke Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( CITY OF LAKEVILLE ) 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 21st 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 124 of 255 1 235317v3 Airlake DEA 2nd Addition (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) AIRLAKE DEA 2ND ADDITION CONTRACT dated ____________________, 2025, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and DAKOTA ELECTRIC ASSOCIATION, a Minnesota cooperative (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a site plan and plat for AIRLAKE DEA 2ND ADDITION (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described as: Outlot B, Airlake DEA, Dakota County, Minnesota, according to the recorded plat thereof. [to be platted as Airlake DEA 2nd Addition, Dakota County, Minnesota.] 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the site plan and plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, Page 125 of 255 2 235317v3 Airlake DEA 2nd Addition public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final platted into lots and blocks. 5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots and blocks, not outlots, within two (2) years after preliminary plat approval. 6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary, to the full extent permitted by state law, the City may require compliance with any amendments to the City’s Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this Contract. 7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before Page 126 of 255 3 235317v3 Airlake DEA 2nd Addition commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional Page 127 of 255 4 235317v3 Airlake DEA 2nd Addition engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s engineer is responsible for design changes and contract administration between the Developer and the Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a mutually agreeable time at the City with all parties concerned, including the City staff, to review the program for the construction work. In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot corners must be completed before the applicable security is released. The Developer’s surveyor shall also submit a written notice to the City certifying that the monuments have been installed following site grading, utility and street construction. 9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City Planning Commission members, and corporations, partnerships, and other entities in which such individuals have greater than a 25% ownership interest or in which they are an officer or director may not act as contractors or subcontractors for the public improvements identified in Paragraph 8 above. 10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to obtain all necessary permits, which may include: A. Dakota County for County Road Access and Work in County Rights-of-Way B. MnDot for State Highway Access C. MnDot for Work in Right-of-Way D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering Page 128 of 255 5 235317v3 Airlake DEA 2nd Addition H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2025. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer Page 129 of 255 6 235317v3 Airlake DEA 2nd Addition does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed and no building permits will be issued unless the plat is in full compliance with the approved erosion control plan. The plans include a detailed erosion and sediment control plan. The Developer must submit an erosion control plan that is compliant with City standards and meets all the requirements of the MPCA Construction Permit. The Developer is responsible for the establishment of native vegetation around the stormwater management basin within the buffer area. Redundant silt fence is required along all waterways that do not have an established 50-foot buffer. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. The MS4 Administration Fee has not been collected on the parent parcel and shall be paid with the final plat, calculated as follows: $2,150,000.00 x 2.0%= $43,000.00 Grading Cost Airlake DEA 2nd Addition 2025 Rate MS4 Administration Fee Airlake DEA 2nd Addition 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and final establishment of the ground cover or temporary stabilization approved by the City, the Developer shall provide the City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and building pads, and all other items listed in City Code Section 10-3-5.NN. The City will withhold issuance Page 130 of 255 7 235317v3 Airlake DEA 2nd Addition of a Certificate of Occupancy until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of the Certificate of Occupancy. Prior to the release of the grading and erosion control security, the “as-constructed” plan for the lot must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and “as-constructed” grading plan is not timely completed, the City may enter the lot, perform the work, and draw on the letter of credit. Upon satisfactory completion of the grading, erosion control and “as-constructed” grading plan, the security, less any draw made by the City, shall be released. A certified as-built building pad survey must be submitted and approved for commercial, industrial or institutional developments prior to issuance of a building permit. The final grading plan must indicate any proposed borrow areas 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 Certificate of Occupancies will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Airlake DEA 2nd Addition contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, contractors, subcontractors, their agents or assigns. Prior to any Page 131 of 255 8 235317v3 Airlake DEA 2nd Addition construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction required by this Contract and final acceptance by the City, the improvements lying within public easements shall become City property without further notice or action. 18. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND AS-BUILT RECORD DRAWING PREPARATION. The Developer shall pay a fee for in-house engineering administration. City engineering administration will include monitoring of construction observation, consultation with Developer and its engineer on status or problems regarding the project, coordination for final inspection and acceptance, project monitoring during the warranty period, and processing of requests for reduction in security. Fees for this service shall be three percent (3%) of construction costs identified in the Summary of Security Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer shall pay for construction observation and as-built record drawing preparation performed by the City’s in- house engineering staff or consulting engineer. Construction observation shall include part or full time inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to be five percent (5%) of the estimated construction cost. Construction as-built record drawing preparation shall include field surveying, preparation of as-built record drawings and updating the City’s GIS database and will be billed on hourly rates estimated to be one half of a percent (0.5%) of the estimated construction cost. 19. STORM SEWER. The Developer shall construct a privately owned and maintained stormwater management infiltration basin to collect and treat the stormwater runoff generated from the site. The Developer shall enter into a maintenance agreement and grant an easement to the City over the private stormwater improvements in a recordable form approved by the City. The Developer shall submit an approved final stormwater management plan for the site prior to recording of the Airlake DEA 2nd Addition final plat. Page 132 of 255 9 235317v3 Airlake DEA 2nd Addition Following completion of the site improvements and restoration, the Developer shall conduct two double ring infiltrometer tests in the location of the filtration basins to demonstrate that the design infiltration rates have been achieved. The Developer shall provide a $10,000.00 security with the final plat to ensure that this testing is completed. The Developer shall construct public storm sewer within 222nd Street right-of-way to collect and convey runoff generated from within the development to the north via an existing drainage swale to an identified wetland and DNR identified trout stream. The Developer shall construct privately owned and maintained storm sewer within the development to collect and convey stormwater runoff generated within the private lot to the privately owned and maintained infiltration basin. Storm Sewer Charge Summary Gross Area of Airlake DEA 2nd Addition Gross Area of 222nd Street Right-of-Way 3,391,146.00 s.f. (+) 105,913.00 s.f. Less Area of Outlot A (Future Development)(-) 1,714,086.00 s.f. Total Storm Sewer Charge Area (Single-Family)= 1,782,973.00 s.f. 1,782,973.00 s.f.x $0.250/s.f.= $445,743.25 Net Area Airlake DEA 2nd Addition 2025 Unit Rate (Commercial and Industrial) Storm Sewer Charge Airlake DEA 2nd Addition The Storm Sewer Charge for Outlot A will be collected with subsequent phases of the Airlake DEA preliminary plat at the time they are final platted into lots and blocks, at the rate in effect at the time of final plat approval. 20. SANITARY SEWER. Airlake DEA 2nd Addition is located within the South Creek sanitary sewer district as identified in the City’s Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing sanitary sewer to the Empire Treatment Facility via the MCES Elko/New Market Interceptor monitored by meter M646. The Developer shall construct privately owned and maintained 8-inch sanitary sewer within the development and connect to the sanitary sewer stub constructed with the extension of 222nd Street. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid by the Developer with the final plat, calculated as follows: Page 133 of 255 10 235317v3 Airlake DEA 2nd Addition 1 unit x $327.00 = $327.00 Total Units Airlake DEA 2nd Addition 2025 Unit Rate Sanitary Sewer Availability Charge Airlake DEA 2nd Addition The Sanitary Sewer Availability Charge for Outlot A will be collected with subsequent phases of the Airlake DEA 2nd Addition preliminary plat at the time Outlot A is final platted into lots and blocks, at the rate in effect at the time of final plat approval. 21. WATERMAIN. The Developer shall construct privately owned and maintained 6-inch watermain within the development and connect to the water stub constructed with the extension of 222nd Street. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility, and street construction shall be limited to a single access from 222nd Street within Lakeville. Access from 225th Street falls under the jurisdiction of Eureka Township. 23. FUTURE CSAH 70 IMPROVEMENTS. Future CSAH 70 will require future right-of-way dedication along Outlot A, Airlake DEA 2nd Addition. The right-of-way dedication will be required to follow the recommendations and requirements of the Dakota County Plat Commission. 24. PARKS, TRAILS, AND SIDEWALKS. The Park Dedication requirement has not been collected on the parent parcel and will be satisfied through a cash contribution to be paid with the final plat, calculated as follows: Park Dedication Summary Gross Area of Airlake DEA 2nd Addition 77.85 ac. Less Area of Outlot A (Future Development)(-) 39.35 ac. Total Park Dedication Area = 38.5 ac. 38.5 acres x $5,615.00 = $216,177.50 Total Acreage Airlake DEA 2nd Addition Lot 1, Block 1 2025 Unit Rate (Industrial) Park Dedication Fee Airlake DEA 2nd Addition The Developer shall satisfy the park dedication requirement for Outlot A with subsequent phases of the Airlake DEA 2nd Addition preliminary plat at the time they are final platted into lots and blocks through a cash contribution at the rate in effect at the time of final plat approval. Page 134 of 255 11 235317v3 Airlake DEA 2nd Addition 25. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for one-year of environmental resources management expenses with the final plat, calculated as follows: 1 unit x $61.52/unit x 4.20 = $258.38 Total Units Airlake DEA 2nd Addition 2025 Rate Utility Factor Environmental Resources Fee Airlake DEA 2nd Addition 26. LANDSCAPING. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $250,000.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. All trees shall be warranted to be alive, of good quality, and disease free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months from the time of planting. The Developer or property owner is responsible for contacting the City when all the landscaping has been installed to set up an inspection. 27. TREE PRESERVATION. One tree has been identified to be removed outside of the plat boundary. The Developer must obtain written permission from the abutting property owner to allow for removal of the tree. The Developer shall provide a tree preservation plan approved by the City prior to recording of the Airlake DEA 2nd Addition final plat in accordance with city ordinance 10-4-11. 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. 28. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the March 19, 2025, Planning Report, and March 19, 2025, Engineering Report. B. Site Lighting shall not exceed one foot candle at the property line along right of way. The light pole height may not exceed 35 for height and the fixture style shall be a downcast LED light consistent with the Zoning Ordinance requirements. C. All signs shall comply with the Zoning Ordinance requirements for the I-2 District. A sign permit shall be issued by the Planning Department prior to the installation of any signs. Page 135 of 255 12 235317v3 Airlake DEA 2nd Addition D. Ground mounted mechanical equipment must be screened from view with landscaping and fencing. Screening materials must be aesthetically harmonious and compatible with the building. E. The Developer shall obtain an administrative permit for the three fuel tanks located along the westerly property boundary. F. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of the proposed property to be platted with all property corner monumentation in place and marked with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the survey. The Developer shall post a $200.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: two (2) lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the Developer's land surveyor certifies that all irons have been set following site grading and utility and street construction. In addition, the certificate of survey must also include a certification that all irons for a specific lot have either been found or set prior to the issuance of a building permit for that lot. G. The Developer shall pay a cash fee for the preparation of addressing, property data, and City base map updating. This fee is $90.00 per lot/outlot for a total charge of $180.00. H. The Developer is required to submit the final plat in electronic format. The electronic format shall be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading, utilities, streets) shall be in electronic format in accordance with standard City specifications. 29. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of this Contract, payment of real estate taxes including interest and penalties, payment of special assessments, payment of the costs of all public improvements, and construction of all public improvements, the Developer shall furnish the City with a cash escrow, or letter of credit, in the form attached hereto, from a bank ("security") for $316,483.75. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $5,000.00 B. Watermain 5,000.00 Page 136 of 255 13 235317v3 Airlake DEA 2nd Addition C. Storm Sewer/Draintile 35,489.00 D. Erosion Control and Restoration 5,000.00 CONSTRUCTION SUB-TOTAL $50,489.00 OTHER COSTS: A. Developer’s Design (3.0%) $1,511.67 B. Developer’s Construction Survey (2.5%) 1,259.73 C. City Legal Expenses (Est. 0.5%) 251.95 D. City Construction Observation (Est. 5.0%) 2,519.45 E. City Record Drawings (0.5%) 251.95 F. Infiltration Basin Testing 10,000.00 G. Landscaping 250,000.00 H. Lot Corners/Iron Monuments 200.00 OTHER COSTS SUB-TOTAL $265,994.75 TOTAL SECURITIES: $316,483.75 This breakdown is for historical reference; it is not a restriction on the use of the security. The bank shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5) business days written notice to the Developer, for any violation of the terms of this Contract or without notice if the security is allowed to lapse prior to the end of the required term. If the required public improvements are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon receipt of proof satisfactory to the City that work has been completed and financial obligations to the City have been satisfied, with City approval the security may be reduced from time to time by ninety percent (90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security until all improvements have been completed, all financial obligations to the City satisfied, the required "as constructed" plans have been received by the City, a warranty security is provided, and the public improvements are accepted by the City Council. The City’s standard specifications for utility and street construction outline procedures for security reductions. Page 137 of 255 14 235317v3 Airlake DEA 2nd Addition 30. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash requirements under this Contract which must be furnished to the City prior to the City Council signing the final plat: A. Park Dedication 216,177.50 B. Sanitary Sewer Availability Charge 327.00 C. Storm Sewer Charge 445,743.25 D. Environmental Resources Expenses 258.38 E. MS4 Administration Fee 43,000.00 F. Property Data and Asset/Infrastructure Management Fee 180.00 G. City Engineering Administration (3% for letters of credit) 1,511.67 TOTAL CASH REQUIREMENTS $707,197.80 31. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 32. RESPONSIBILITY FOR COSTS. A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City in conjunction with the development of the plat, including but not limited to Soil and Water Conservation District charges, legal, planning, engineering and construction observation inspection expenses incurred in connection with approval and acceptance of the plat, the Page 138 of 255 15 235317v3 Airlake DEA 2nd Addition preparation of this Contract, review of construction plans and documents, and all costs and expenses incurred by the City in monitoring and inspecting development of the plat. B. The Developer shall hold the City and its officers, employees, and agents harmless from claims made by itself and third parties for damages sustained or costs incurred resulting from plat approval and development. The Developer shall indemnify the City and its officers, employees, and agents for all costs, damages, or expenses which the City may pay or incur in consequence of such claims, including attorneys' fees. C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract, including engineering and attorneys' fees. D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is attached, all special assessments referred to in this Contract. This is a personal obligation of the Developer and shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt plat development and construction until the bills are paid in full. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security for the development. F. In addition to the charges and special assessments referred to herein, other charges and special assessments may be imposed such as but not limited to City or MCES sewer availability charges ("SAC"), City water connection charges, City sewer connection charges, and building permit fees. 33. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in Page 139 of 255 16 235317v3 Airlake DEA 2nd Addition advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land. When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part. 34. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. F. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties Page 140 of 255 17 235317v3 Airlake DEA 2nd Addition and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. G. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. H. Insurance. Developer and Contractor shall provide a copy of the Development Contract to their insurance professional for verification that the certificate of insurance is in compliance with the requirements of the Development Contract. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Page 141 of 255 18 235317v3 Airlake DEA 2nd Addition Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: •$500,000 – Bodily Injury by Disease per employee •$500,000 – Bodily Injury by Disease aggregate •$500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. Page 142 of 255 19 235317v3 Airlake DEA 2nd Addition I. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. J. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. K. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. L. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. Page 143 of 255 20 235317v3 Airlake DEA 2nd Addition M. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 35. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the following address: Dakota Electric Association, Attn: Jeff Schoenecker, 4300 220th St. W., Farmington, MN 55024, Notices to the City shall be in writing and shall be either hand delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044. [The remainder of this page has been intentionally left blank. Signature pages follow.] Page 144 of 255 21 235317v3 Airlake DEA 2nd Addition CITY OF LAKEVILLE BY: ___________________________________________ Luke M. Hellier, Mayor (SEAL) AND __________________________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2025, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. ______________________________________________ NOTARY PUBLIC Page 145 of 255 22 235317v3 Airlake DEA 2nd Addition DEVELOPER: DAKOTA ELECTRIC ASSOCIATION BY: ___________________________________________ -_______________________________ Its __________________________ STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2025, by ______________________, the _______________ of DAKOTA ELECTRIC ASSOCIATION, a Minnesota cooperative, on behalf of said entity. ______________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL, KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, MN 55121 Telephone: 651-452-5000 AMP/smt Page 146 of 255 23 235317v3 Airlake DEA 2nd Addition FEE OWNER CONSENT TO DEVELOPMENT CONTRACT HAT TRICK INVESTMENTS, LLC, a Minnesota limited liability company, fee owner of all or part of the subject property, the development of which is governed by the foregoing Development Contract, affirms and consents to the provisions thereof and agrees to be bound by the provisions as the same may apply to that portion of the subject property owned by it. Dated this _____ day of ____________, 2025. HAT TRICK INVESTMENTS, LLC By: __________________________ [print name] Its: _______________________ [title] STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ___ day of ________________, 2025, by _____________________________________________________________________________, the ________________________________________ of HAT TRICK INVESTMENTS, LLC, a Minnesota limited liability company, on behalf of said entity. ________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/smt Page 147 of 255 24 235317v3 Airlake DEA 2nd Addition [BANK LETTERHEAD] IRREVOCABLE LETTER OF CREDIT No. ___________________ Date: _________________ TO: City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Dear Sir or Madam: We hereby issue, for the account of (Name of Developer) and in your favor, our Irrevocable Letter of Credit in the amount of $____________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, "Drawn under Letter of Credit No. __________, dated ________________, 2_____, of (Name of Bank) "; b) Be signed by the City Administrator or Finance Director of the City of Lakeville. c) Be presented for payment at (Address of Bank) , on or before 4:00 p.m. on November 30, 2_____. This Letter of Credit shall automatically renew for successive one-year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be November 30 of each year), the Bank delivers written notice to the Lakeville Finance Director that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the next annual renewal date addressed as follows: Lakeville Finance Director, Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, MN 55044, and is actually received by the Finance Director at least thirty (30) days prior to the renewal date. DEMAND(S) FOR PAYMENT MAY ALSO BE MADE BY FACSIMILE TRANSMISSION TO ________ OR SUCH OTHER FAX NUMBER AS (NAME OF ISSUING BANK) MAY IDENTIFY IN A WRITTEN NOTICE TO YOU. TO THE EXTENT PRESENTATION IS MADE BY FACSIMILE TRANSMISSION YOU MUST PROVIDE TELEPHONE NOTIFICATION THEREOF TO (NAME OF ISSUING BANK) AT TELEPHONE NUMBER: _________ PRIOR TO OR SIMULTANEOUSLY WITH THE SENDING OF SUCH FACSIMILE TRANSMISSION. HOWEVER, THE ABSENCE OF SUCH TELEPHONE CONFIRMATION AS DESCRIBED ABOVE DOES NOT AFFECT OUR OBLIGATION TO HONOR SUCH DRAWING, IF SUCH DRAWING IS OTHERWISE IN COMPLIANCE WITH THE TERMS AND CONDITIONS OF THIS IRREVOCABLE LETTER OF CREDIT. IF DEMAND FOR PAYMENT IS MADE BY FAX, PRESENTATION OF ORIGINAL DOCUMENTS IS NOT REQUIRED. OR DEMAND(S) FOR PAYMENT TO BE MADE VIA EMAIL TO _______________. PRESENTATION OF ORIGINAL DOCUMENTS IS NOT REQUIRED. Page 148 of 255 25 235317v3 Airlake DEA 2nd Addition This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 600. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. [NAME OF BANK] BY: ____________________________________ Its ______________________________ Page 149 of 255 1 235496v2 (Reserved for Recording Data) STORMWATER MAINTENANCE AGREEMENT/ BEST MANAGEMENT PRACTICE FACILITIES AND LICENSE AGREEMENT THIS AGREEMENT is made and entered into as of the ______ day of _____________, 2025, by and between DAKOTA ELECTRIC ASSOCIATION, a Minnesota cooperative (the “Owner”) and the CITY OF LAKEVILLE, a Minnesota municipal corporation (the “City”). A. The Owner and/or affiliate of Owner is the owner of certain real property located in Dakota County, Minnesota legally described in Exhibit A attached hereto ("Property"); and B. The Owner is proceeding to build on and develop the Property, and has requested City approval of the final plat (“Plat Approval”) and site plan for the proposed development of the Airlake DEA 2nd Addition plat; and C. The final plans for Airlake DEA 2nd Addition, hereinafter called the "Plans", submitted in support of the Plat Approval, which are expressly made a part hereof, as approved or to be approved by the City, provides for detention/retention of stormwater within the confines of the Property; and D. The City and the Owner agree that the health, safety, and welfare of the residents of the City of Lakeville, Minnesota, require that on-site stormwater management/BMP facilities be constructed and maintained on the Property; and E. The City requires that on-site stormwater management/BMP facilities (“Stormwater Facilities”) as shown on the Plans be constructed and adequately maintained by the Owner as a condition of final site plan approval of the Property; and F. As a condition of final plat approval the Owner is required to enter into this Agreement and grant to the City an easement for access, drainage and utility over a portion of the Property (the “Easement Area”) legally described on Exhibit B attached hereto to comply with work required under the terms of this Agreement. NOW, THEREFORE, in consideration of mutual covenants of the parties set forth herein and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Construction of Stormwater Improvements. Owner shall construct the Stormwater Facilities in accordance with the plans and specifications identified in the Plans. Page 150 of 255 2 235496v2 2. Maintenance of Stormwater Improvements. A. The Owner shall adequately maintain the Stormwater Facilities in accordance with the Stormwater Maintenance Plan and the City engineering standards for stormwater treatment facilities attached hereto as Exhibit C. This includes all pipes, channels, and other conveyances built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions. B. The Owner will perform the work necessary to keep these Stormwater Facilities in good working order as appropriate. In the event a maintenance schedule for the Stormwater Facilities (including sediment removal) is outlined on the approved plans, the schedule will be followed and comply with all federal, state, and local regulations relating to the disposal of material. 3. Inspection and Reporting. The Owner shall cause the Stormwater Facilities to be inspected and submit an inspection report annually and shall be responsible for the payment of any associated costs. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, berms, outlet structure, pond areas, access roads, buffers, etc. Deficiencies shall be noted in the inspection report. A storage treatment basin will be considered inadequate if it is not compliant with all requirements of the approved Plan and City engineering standards set forth in Exhibit C. 4. City Access and Maintenance Rights. A. The Owner hereby grants the City a license, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management/BMP facilities whenever the City deems necessary. The City shall provide the Owner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary (“Inspection Report”). B. In the event the Owner, its successors and assigns, fails to maintain the Stormwater Facilities in good working condition acceptable to the City and such failure continues for 60 days after the City gives the Owner written notice of such failure, the City may enter upon the Property and take whatever steps necessary, including excavation and the storage of materials and equipment, to correct deficiencies identified in the Inspection Report. The City's notice shall specifically state which maintenance tasks are to be performed. The City may charge the costs, including assessing the City’s costs to the Owner’s property taxes of such repairs, to the Owner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Owner outside of the Easement Area for the Stormwater Facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said Stormwater Facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. In addition, Owner agrees that it is, and will be, solely responsible to address complaints and legal claims brought by any third party with regard to the maintenance and operation and the consequences there from the Stormwater Facilities. The Owner expressly agrees to defend and hold the City harmless from any such third- party claim. 5. Grant of Easement. Owner hereby grants to the City, its successors and assigns, a permanent non-exclusive easement for access to the Stormwater Facilities over, on and across the Property and for the purpose of accessing and maintaining the Stormwater Facilities pursuant to the terms of this Agreement over, on, across, under and through the Easement Area. The easement shall include the rights, but not the obligation, of Page 151 of 255 3 235496v2 the City, its contractors, agents, servants, and assigns, to enter upon the Easement to construct, reconstruct, inspect, repair, and maintain said private Stormwater Facilities together with the right to grade, level, fill, drain, pave, and excavate the Easement Area, and the further right to remove trees, bushes, undergrowth, and other obstructions interfering with the location, construction, and maintenance of said private Stormwater Facilities systems. 6. Reimbursement of Costs. The Owner agrees to reimburse the City for all costs incurred by the City in the enforcement of this Agreement, or any portion thereof, including court costs and reasonable attorneys' fees. 7. Indemnification. This Agreement imposes no liability of any kind whatsoever on the City. The Owner hereby agrees to indemnify and hold harmless the City and its agents and employees against any and all claims, demands, losses, damages, and expenses (including reasonable attorneys' fees) arising out of or resulting from the Owner or the Owner’s agents or employee's negligent or intentional acts, or any violation of any safety law, regulation or code in the performance of this Agreement, without regard to any inspection or review made or not made by the City, its agents or employees or failure by the City, its agents or employees to take any other prudent precautions. In the event the City, upon the failure of the Owner to comply with any conditions of this Agreement, performs said conditions pursuant to its authority in this Agreement, the Owner shall indemnify and hold harmless the City, its employees, agents and representatives for its own negligent acts in the performance of the Owner’s required work under this Agreement, but this indemnification shall not extend to intentional or grossly negligent acts. 8. Notice. All notices required under this Agreement shall either be personally delivered or be sent by certified or registered mail and addressed as follows: To the Owner: Dakota Electric Association 4300 220th Street W Farmington, Minnesota 55024 To the City: City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Attn: City Administrator or to such other party at such other address as such party, by ten (10) days prior written notice given as provided, shall designate. All notices given hereunder shall be deemed given when personally delivered or two business days after being placed in the mail properly addressed as provided herein. 9. Successors/Covenants Run with Property. All duties and obligations of Developer under this Agreement shall also be duties and obligations of Developer’s successors and assigns. The terms and conditions of this Agreement shall run with the Property. Page 152 of 255 4 235496v2 PROPERTY OWNER: DAKOTA ELECTRIC ASSOCIATION By: _________________________ [print name] Its _____________________ [title] STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this _____ day of ____________, 2025, by ____________________________, the _________________________________________________________ of DAKOTA ELECTRIC ASSOCIATION, a Minnesota cooperative, on behalf of said entity. Notary Public Page 153 of 255 5 235496v2 CITY OF LAKEVILLE By: Luke M. Hellier, Mayor (SEAL) And: Ann Orlofsky, City Clerk STATE OF MINNESOTA ) )ss. COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2025, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public THIS INSTRUMENT WAS DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt Page 154 of 255 6 235496v2 EXHIBIT A TO STORMWATER MAINTENANCE AGREEMENT Legal Description of the Owner Property Lot 1, Block 1, Airlake DEA 2nd Addition, Dakota County, Minnesota according to the recorded plat thereof. Page 155 of 255 7 235496v2 EXHIBIT B Page 1 TO STORMWATER MAINTENANCE AGREEMENT Legal description of the Easement Page 156 of 255 8 235496v2 EXHIBIT B Page 2 TO STORMWATER MAINTENANCE AGREEMENT Page 157 of 255 9 235496v2 EXHIBIT C CITY OF LAKEVILLE ENGINEERING STANDARDS FOR STORM WATER TREATMENT FACILITIES Pond Maintenance Requirements 1. Annual inspection, maintenance reporting and certification by a professional engineer (Provided by Owner). Information must be submitted to the City annually. 2. Excavate pond to original design capacity when one half (1/2) of the wet volume of the pond is lost due to sediment deposition. 3. Remove floatable debris in and around the pond area including, but not limited to: oils, gases, debris and other pollutants. 4. Maintain landscape adjacent to the facility per original design, including but not limited to: maintenance of the buffer strip and other plant materials as per original plan design. 5. Maintenance of all erosion control measures including but not limited to: rip rap storm sewer outlets, catch basin inlets, etc. Infiltration/Rain Garden Maintenance Requirements 1. Inlet and Overflow Spillway – Remove any sediment build-up or blockage and correct any erosion. 2. Vegetation a. Maintain at least 80% surface area coverage of plants approved per plan. b. Removal of invasive plants and undesirable woody vegetation. c. Removal of dried, dead and diseased vegetation. d. Re-mulch void or disturbed/exposed areas. 3. Annual inspection and maintenance efforts must be documented and submitted to the City. Underground Infiltration System 1. Inspection of street or parking surface must be inspected for evidence of potholes, sinkholes, sediment build up, or surface ponding annually. 2. Annual inspections must be completed of pipe symmetry, pipe joint connections, and outlet structures to look for cracks, defects, misalignment, or seepage. 3. Inspection for accumulation of sediment must be done annually, maintenance should be performed when sediment accumulation occurs. 4. Visual inspection for trash and debris must be conducted monthly and following rain events of 1 inch or greater in 24 hours. 5. Inspections must be performed annually to look for oil accumulation in device or immediately after a spill occurs. Maintenance must be done when a layer of oil/gasoline develops on the surface. Page 158 of 255 10 235496v2 Environmental Manhole Maintenance Requirements 1. Annual inspections, maintenance reporting and certification must be completed by a professional engineer licensed in the State of Minnesota at Owner’s expense. Information must be submitted to the City annually. 2. Maintenance must be performed once the sediment or oil depth exceeds the established requirements recommended by the manufacturer. 3. Maintenance must occur immediately after a spill takes place. Appropriate regulatory agencies must also be notified in the event of a spill. 4. Disposal of materials shall be in accordance with local, state and federal requirements as applicable. Page 159 of 255 11 235496v2 MORTGAGE HOLDER CONSENT TO STORMWATER MAINTENANCE AGREEMENT ______________________________, a ___________________________, which holds a mortgage executed by Dakota Electric Association, a Minnesota cooperative, mortgagee, to ____________________, a ______________________, in the original principal amount of $______________ dated ________________, 2025, recorded _________________, 2025 with the Office of the County Recorder, Dakota County, Minnesota, as Document No. __________________, on the subject property, the development of which is governed by the foregoing Stormwater Maintenance Agreement, agrees that the Stormwater Maintenance Agreement shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2025. ___________________________________________ By: _________________________ [print name] Its: ______________________ [title] STATE OF ______________ ) )ss. COUNTY OF __________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 2025, by __________________________________________ the ________________________________________ of ______________________, a _______________________________________, on behalf of said entity. __________________________________________ NOTARY PUBLIC DRAFTED BY: CAMPBELL KNUTSON Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 651-452-5000 AMP/smt Page 160 of 255 1 City of Lakeville Community Development Department Memorandum To: Tina Goodroad, AICP, Community Development Director From: Heather Botten, Senior Planner Date: March 19, 2025 Subject: Airlake DEA 2nd Addition Final Plat BACKGROUND Representatives of Dakota Electric Association (DEA) have submitted an application for a final plat to be known as Airlake DEA 2nd Addition. The final plat includes one lot and one outlot on a 77.85-acre parcel. The proposed development of Lot 1 includes a 176,685 square foot, office/warehouse/storage building along with parking, outdoor storage, and stormwater improvements. The proposed final plat is consistent with the preliminary plat, approved by City Council on March 3, 2025. The property is located east of Cedar Avenue (CSAH 23) and north of 225th Street, south of future 222nd Street. EXHIBITS: A. Location Map B. Zoning Map C. Final Plat D. Preliminary Plat E. Grading, Drainage, & Erosion Control Plan F. Utility Plan G. Landscape Plan H. Photometric Plan I. Building Elevations Page 161 of 255 2 FINAL PLAT Lots/Blocks. The plat of Airlake DEA 2nd Addition consists of one lot and one outlot. The lots proposed with the plat exceed the minimum lot area and lot width requirements for the I-2, General Industrial District. Streets. The parent plat of Airlake DEA included the dedication of right-of-way for the construction of 222nd Street up to the east boundary of the plat, which is also the municipal boundary. 225th Street is an unpaved road that runs along the southern portion of the plat that will provide two access points to Lot 1. Eureka township owns 225th Street and has a joint powers agreement with the City to maintain the street. There are no current plans to improve the road. Grading, Drainage, and Utilities. Grading, drainage, erosion control, and utility issues are addressed in the engineering review memo prepared by Jon Nelson, Assistant City Engineer and Mac Cafferty, Environmental Resources Manager dated March 19, 2025. A copy of the engineering report is attached for your review. The Engineering Division recommends approval of Airlake DEA Second Addition final plat subject to the comments outlined in the engineering report. Park Dedication, Trails and Sidewalks. The City’s Comprehensive Parks, Trails, and Open Space Plan does not identify any future park land needs in the area of the plat. The park dedication formula for industrial properties is $5,615 per acre, payable at the time of final plat approval for Lot 1, Block 1 (38.5 acres x $5,615 = $216,177.50). Outlot A Airlake DEA 2nd Addition will be paid at the time of future development. SITE PLAN ANALYSIS The site plan proposes a 176,685 square foot, office/warehouse/storage building with parking and outdoor storage. Building Setbacks. The final development plans for the DEA facility are consistent with the preliminary plat approvals. The building setbacks meet or exceed the minimum requirements. Parking/ Access. The final development plans for the DEA facility are consistent with the preliminary plat approvals. The parking lots meet or exceed the minimum setbacks from a property line. The two egress points on 225th Street comply with spacing guidelines in the City Code. Outdoor Storage. The outdoor storage area is required to be asphalt, concrete or pavers. The applicant has stated the outdoor storage area will be constructed with asphalt and/or concrete. Page 162 of 255 3 Landscaping/Screening. Landscaping on the site includes foundation plantings along the office portion of the building, parking lot screening along the south, and parking lot landscaping within the islands. All of the landscaped areas within and adjacent to the parking lot, including landscaped islands, shall be irrigated in compliance with the Zoning Ordinance. A financial security will be required with the final plat to guarantee installation of the approved landscaping. Site Lighting. The submitted lighting plan shows that the proposed lighting on site meets the Zoning Ordinance requirement of light levels not exceeding one foot candle at the property line along right-of-way. The light pole height may not exceed 35 feet for height and the fixture style is a downcast LED light to meet the ordinance requirements. Signs. Signs shown on the building elevations are for illustrative purpose only. Sign permits must be issued prior to the installation of signs on the site. Mechanical Equipment. Mechanical equipment will be located on the ground near the loading dock. Screening materials must be aesthetically harmonious and compatible with the building. Fuel Storage. Three fuel tanks are proposed along the westerly property boundary. An administrative permit is required for the installation of these tanks. RECOMMENDATION Community Development Department staff have determined that the plat of Airlake DEA 2nd Addition and development plans are consistent with the approved preliminary plat and comply with Subdivision and Zoning Ordinance requirements. Staff recommends approval of the final plat subject to the following stipulations: 1. The AIRLAKE DEA 2nd ADDITION final plat is approved subject to the developer entering into a development contract, submittal of security requirements, stormwater maintenance agreement, and the stipulations and requirements listed in the Engineering Division memorandum dated March 19, 2025. 2. The Mayor and City Clerk are hereby authorized to sign the final plat mylars, development contract, and all documents pursuant to the approved development contract. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. Page 163 of 255 City of Lakeville Public Works – Engineering Division Memorandum To: Heather Botten, Senior Planner From: Jon Nelson, Assistant City Engineer McKenzie L. Cafferty, Environmental Resources Manager Joe Masiarchin, Parks & Recreation Director Copy: Zach Johnson, City Engineer Julie Stahl, Finance Director Dave Mathews, Building Official Tina Goodroad, Community Development Director Date: March 19, 2025 Subject: Airlake DEA 2nd Addition • Final Plat Review • Grading and Erosion Control Plan Review • Tree Preservation Review • Utility Plan Review BBAACCKKGGRROOUUNNDD Dakota Electric Association (DEA) representatives have submitted a final plat named Airlake DEA 2nd Addition. This is the final plat of the Airlake DEA 2nd Addition preliminary plat approved by the City Council on March 3rd, 2025. The proposed development is located east of Cedar Avenue (CSAH 23) and the existing extension of 222nd Street, north of and adjacent to 225th Street and Eureka Township, west of Flagstaff Avenue and Eureka Township and south of and Farmington and the future CSAH 70 roadway alignment. The parent parcel (PID No. 220030001013) is zoned I-2, General Industrial. The final plat consists of one industrial building on one block and one outlot on 77.85 acres. Page 164 of 255 AAIIRRLLAAKKEE DDEEAA 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAARRCCHH 1199,, 22002255 PPAAGGEE 22 OOFF 88 The outlots created with the final plat shall have the following use: Outlot A: Future Development; retained by Developer (39.35 acres) The proposed development will be completed by: Developer: Dakota Electric Association (DEA) Engineer/Surveyor: Kimley-Horn and Associates, Inc. SSIITTEE CCOONNDDIITTIIOO NN SS The site consists of undeveloped agricultural land. The site is located within the South Creek Stormwater District with the site generally draining southwest to northeast. SSTTRREEEETT AANNDD SSUUBBDDIIVVII SSIIOO NN LLAAYYOO UUTT 222nd Street Airlake DEA final plat includes the extension of 222nd Street from its existing terminus at the intersection of 222nd Street and Garvey Lane through the eastern plat boundary. The roadway will be constructed as a 40-foot-wide rural roadway with 2-foot-wide gravel shoulders within a 80-foot-wide right-of-way. Security is held with the Airlake DEA final plat for the construction of 222nd Street. CSAH 70 Future CSAH 70 will require future right-of-way dedication along Outlot A, Airlake DEA. The right-of-way dedication will be required to follow the recommendations of the Dakota County Plat Commission. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility, and street construction shall be limited to a single access from 222nd Street within Lakeville. Access from 225th Street falls under the jurisdiction of Eureka Township. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDD EEWWAALLKKSS The Park Dedication requirement has not been collected on the parent parcel and will be satisfied through a cash contribution to be paid with the final plat, calculated as follows: Page 165 of 255 AAIIRRLLAAKKEE DDEEAA 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAARRCCHH 1199,, 22002255 PPAAGGEE 33 OOFF 88 Park Dedication Summary Gross Area of Airlake DEA 2nd Addition 77.85 ac. Less Area of Outlot A (Future Development) (-) 39.35 ac. Total Park Dedication Area = 38.5 ac. 38.5 acres x $5,615.00 = $216,177.50 Total Acreage Airlake DEA 2nd Addition Lot 1, Block 1 2025 Unit Rate (Industrial) Park Dedication Fee Airlake DEA 2nd Addition The Developer shall satisfy the park dedication requirement for Outlot A with subsequent phases of the Airlake DEA preliminary plat at the time they are final platted into lots and blocks through a cash contribution at the rate in effect at the time of final plat approval. UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Airlake DEA 2nd Addition is located within the South Creek sanitary sewer district as identified in the City’s Comprehensive Sanitary Sewer Plan. Wastewater will be conveyed via existing sanitary sewer to the Empire Treatment Facility via the MCES Elko/New Market Interceptor monitored by meter M646. Airlake DEA 2nd Addition includes the construction of privately owned and maintained sanitary sewer. 8-inch sanitary sewer will be constructed within the development and connect to the sanitary sewer stub constructed with the extension of 222nd Street. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and is required with the final plat, calculated as follows: 1 unit x $327.00 = $327.00 Total Units Airlake DEA 2nd Addition 2025 Unit Rate Sanitary Sewer Availability Charge Airlake DEA 2nd Addition The Sanitary Sewer Availability Charge for Outlot A will be collected with subsequent phases of the Airlake DEA preliminary plat at the time they are final platted into lots and blocks, at the rate in effect at the time of final plat approval. Page 166 of 255 AAIIRRLLAAKKEE DDEEAA 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAARRCCHH 1199,, 22002255 PPAAGGEE 44 OOFF 88 WWAATTEERRMMAAIINN Development of Airlake DEA 2nd Addition includes construction of privately owned and maintained watermain. 6-inch water service will be constructed within the development and connect to the water stub constructed with the extension of 222nd Street. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Airlake DEA 2nd Addition is located within the South Creek stormwater district as identified in the City’s Water Resources Management Plan. Development of Airlake DEA 2nd Addition includes the construction of a privately owned and maintained stormwater management infiltration basin to collect and treat the stormwater runoff generated from the site. The Developer shall enter into a maintenance agreement and grant an easement to the City over the private stormwater improvements. The Developer shall submit an approved final stormwater management plan for the site prior to recording of the Airlake DEA 2nd Addition final plat. Following completion of the site improvements and restoration, the Developer shall conduct two double ring infiltrometer tests in the location of the filtration basins to demonstrate that the design infiltration rates have been achieved. The Developer shall provide a $10,000 security with the final plat to ensure that this testing is completed. 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 Certificate of Occupancies will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Airlake DEA 2nd 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 Airlake DEA 2nd Addition includes the construction of public storm sewer. Storm sewer will be constructed within 222nd Street right-of-way to collect and convey runoff Page 167 of 255 AAIIRRLLAAKKEE DDEEAA 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAARRCCHH 1199,, 22002255 PPAAGGEE 55 OOFF 88 generated from within the development to the north via an existing drainage swale to an identified wetland and DNR identified trout stream. Development of Airlake DEA 2nd Addition includes the construction of privately owned and maintained storm sewer. Storm sewer will be constructed within the development to collect and convey stormwater runoff generated within the private lot to the privately owned and maintained infiltration basin. Storm Sewer Charge Summary Gross Area of Airlake DEA 2nd Addition Gross Area of 222nd Street Right-of-Way 3,391,146.00 s.f. (+) 105,913.00 s.f. Less Area of Outlot A (Future Development) (-) 1,714,086.00 s.f. Total Storm Sewer Charge Area (Single-Family) = 1,782,973.00 s.f. 1,782,973.00 s.f. x $0.250/s.f. = $445,743.25 Net Area Airlake DEA 2nd Addition 2025 Unit Rate (Commercial and Industrial) Storm Sewer Charge Airlake DEA 2nd Addition The Storm Sewer Charge for Outlot A will be collected with subsequent phases of the Airlake DEA preliminary plat at the time they are final platted into lots and blocks, at the rate in effect at the time of final plat approval. FEMA FLOODPLAIN ANALYSIS Airlake DEA 2nd Addition is located within areas shown on the Flood Insurance Rate Map (FIRM) as Zone X, as determined by FEMA (Map number 27037C0214E). Based on this designation, no areas within the plat are located within a Special Flood Hazard Area (SFHA). WWEETTLLAANNDDSS A wetland delineation was completed and approved for the site. No wetlands were located identified within Lot 1 Block 1 DEA site. TTRREEEE PPRREESSEERRVVAATT II OONN One tree has been identified to be removed outside of the plat boundary. Written permission from the abutting property owner is required to be obtained to allow for removal of the tree. A tree preservation plan must be provided and approved prior to recording of the Airlake DEA 2nd Addition final plat in accordance with city ordinance 10-4-11. Page 168 of 255 AAIIRRLLAAKKEE DDEEAA 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAARRCCHH 1199,, 22002255 PPAAGGEE 66 OOFF 88 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 plans include a detailed erosion and sediment control plan. The Developer must submit an erosion control plan that is compliant with City standards and meets 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. The Developer is responsible for the establishment of native vegetation around the stormwater management basin within the buffer area. Redundant silt fence is required along all waterways that do not have an established 50-foot buffer. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. The MS4 Administration Fee has not been collected on the parent parcel and shall be paid with the final plat, calculated as follows: $2,150,000.00 x 2.0% = $43,000.00 Grading Cost Airlake DEA 2nd Addition 2025 Rate MS4 Administration Fee Airlake DEA 2nd Addition SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Airlake DEA 2nd Addition. Construction costs are based upon estimates submitted by the Developer’s engineer on March 25, 2025. CONSTRUCTION COSTS Sanitary Sewer Connection $ 5,000.00 Watermain Connection 5,000.00 Storm Sewer 35,489.00 Erosion Control and Restoration 5,000.00 SUBTOTAL - CONSTRUCTION COSTS $50,389.00 OTHER COSTS Developer’s Design (3.0%) $ 1,511.67 Developer’s Construction Survey (2.5%) 1,259.73 Page 169 of 255 AAIIRRLLAAKKEE DDEEAA 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAARRCCHH 1199,, 22002255 PPAAGGEE 77 OOFF 88 City’s Legal Expense (0.5%) 251.95 City Construction Observation (5.0%) 2,519.45 Developer’s Record Drawing (0.5%) 251.95 Infiltration Basin Testing 10,000.00 Landscaping 250,000.00 Lot Corners/Iron Monuments 200.00 SUBTOTAL - OTHER COSTS $ 265,994.75 TOTAL PROJECT SECURITY $ 316,383.75 The Developer shall post a security to ensure the final placement of iron monuments at property corners with the final plat. The security is $100.00 per lot and outlot for a total of $200.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all irons have been placed following site grading, street, and utility construction. CASH FEES A cash fee for one-year of environmental resources management expenses shall be paid with the final plat and is calculated as follows: 1 unit x $61.52/unit x 4.20 = $258.38 Total Units Airlake DEA 2nd Addition 2025 Rate Utility Factor Environmental Resources Fee Airlake DEA 2nd Addition A cash fee for the preparation of addressing, property data, and City base map updating shall be paid with the final plat and is calculated as follows: 2 lots/outlots x $90.00/unit = $180.00 Lots/Outlots Airlake DEA 2nd Addition 2025 Rate Property Data & Asset/Infrastructure Mgmt. Fee Airlake DEA 2nd Addition The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in .pdf and either .dwg (AutoCAD) or .dxf format. The Developer shall also pay a cash fee for City Engineering Administration. The fee for City Engineering Administration will be based on three percent (3.00%) of the estimated construction cost, or $1,511.67. Page 170 of 255 AAIIRRLLAAKKEE DDEEAA 22NNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT MMAARRCCHH 1199,, 22002255 PPAAGGEE 88 OOFF 88 CASH REQUIREMENTS Park Dedication $ 216,177.50 Sanitary Sewer Availability Charge 327.00 Storm Sewer Charge 445,743.25 Environmental Resources Management Fee 258.38 MS4 Administration Fee 43,000.00 Property Data and Asset/Infrastructure Management Fee 180.00 City Engineering Administration (3.00%) 1,511.67 TOTAL CASH REQUIREMENTS $ 707,197.80 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the Airlake DEA 2nd Addition final plat, grading and erosion control plan, and utility plan subject to the requirements and stipulations within this report. Page 171 of 255 Dakota County, Maxar, Microsoft± 222ND ST Airlake DEA 2nd Addition plat area 215TH ST (CSAH 70) Eureka Township City of Farmington FLAGSTAFF AVECity of Lakeville Location Map Airlake DEA 2nd Add Preliminary Plat 225TH ST EXHIBIT A Page 172 of 255 Dakota County, Maxar, Microsoft± 222ND ST Airlake DEA 2nd Addition plat area I-2 I-2 P/OS 215TH ST (CSAH 70) Eureka Township City of Farmington FLAGSTAFF AVEEXHIBIT B City of Lakeville Zoning Map Airlake DEA 2nd Add Preliminary Plat 225TH ST I-2 I-2 Page 173 of 255 Page 174 of 255 Page 175 of 255 225TH ST FLAGSTAFF AVEITEM 11 F L A G S T A F F A V E N U EFLOOD ZONE X 2 2 5 T H S T R E E T W E S T ITEM 12 2 2 2 N D S T R E E T W E S TAIRLAKE DEA OUTLOT B AIRLAKE DEA OUTLOT A FUTUR E 222ND S T R E E T W E S T 50' PROPOSED DRAINAGE & UTILITY EASEMENT AIRLAKE DEA ROW DEDICATION LOT 1 BLOCK 1 PROPOSED TEMPORARY 30' ROW EASEMENT 40.00'10' SIDE SETBACK & UTILITY AND DRAINAGE EASEMENT 30' REAR SETBACK 10' SIDE SETBACK & UTILITY AND DRAINAGE EASEMENT 31.00' 31.00' 31.00' 40' FRONT SETBACK 10' UTILITY AND DRAINAGE EASEMENT 10' UTILITY AND DRAINAGE EASEMENT 10' UTILITY AND DRAINAGE EASEMENT OUTLOT A40.00' R50.00' 10' SIDE SETBACK & UTILITY AND DRAINAGE EASEMENT PREPARED FORPRELIMINARY PLAT- AIRLAKE DEA2ND ADDITIONEX-2DAKOTA ELECTRIC -LAKEVILLECOOPERATIVE BUILDINGSOLUTIONSLAKEVILLEMNDATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT1612670002/06/2025AS SHOWNCGMMOBBMWPRELIMINARY - NOT FOR CONSTRUCTIONThis document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.SHEET NUMBER 2024 KIMLEY-HORN AND ASSOCIATES, INC.11995 SINGLETREE LANE, SUITE 225, EDEN PRAIRIE, MN 55344PHONE: 612-315-1272WWW.KIMLEY-HORN.COMK:\TWC_LDEV\LAUNCH PROPERTIES\LAKEVILLE - ADELMANN FARM\3 Design\CAD\Exhibits\Dakota Electric\Prelim Plat 2nd Addition.dwg February 07, 2025 - 8:57am©BYREVISIONSNo.DATEKnow what'sbelow. before you dig.Call R NORTH PROPOSED CURB AND GUTTER PROPOSED PROPERTY LINE LEGEND ENGINEER KIMLEY-HORN AND ASSOCIATES, INC. PREPARED BY: BRIAN M. WURDEMAN, P.E. 11995 SINGLETREE LN, SUITE 225 EDEN PRAIRIE, MN 55344 TELEPHONE: (612) 315-1272 DEVELOPER COOPERATIVE BUILDING SOLUTIONS 77 WESTPORT PLAZA, SUITE 250 ST. LOUIS, MO 63146 TELEPHONE: (314) 744-2277 CONTACT: TIM MASA SURVEYOR EGAN, FIELD AND NOWAK, INC. 475 OLD HIGHWAY 8 NW, SUITE 200 NEW BRIGHTON, MN 55112 TELEPHONE: (612) 466-3300 CONTACT: ERIC ROESER That part of the Northeast Quarter of Section 3, Township 113, Range 20, Dakota County described as follows: Commencing at the southeast corner of said Northeast Quarter; thence South 89 degrees 39 minutes 13 seconds West, assumed bearing, along the south line of said Northeast Quarter, a distance of 1003.65 feet to the east line of the West 1664.35 feet of said Northeast Quarter; thence North 00 degrees 18 minutes 22 seconds East along said east line of the West 1664.35 feet of said Northeast Quarter, a distance of 33.00 feet to the northerly right of way line of 225th Street West and the point of beginning of said parcel to be described; thence South 89 degrees 39 minutes 13 seconds West along said northerly right of way line of 225th Street West, a distance of 1664.46 feet to the west line of said Northeast Quarter; thence North 00 degrees 18 minutes 22 seconds East, along said west line of said Northeast Quarter, a distance of 1700.08 feet; thence North 86 degrees 21 minutes 53 seconds East, a distance of 886.88 feet; thence North 73 degrees 56 minutes 15 seconds East, a distance of 1141.48 feet to the east line of the West 1980.00 feet of said Northeast Quarter; thence South 00 degrees 18 minutes 22 seconds West, along said east line of the West 1980.00 feet of said Northeast Quarter, a distance of 1403.13 feet to the north line of the South 690.00 feet of said Northeast Quarter; thence South 89 degrees 39 minutes 13 seconds West, along said north line of the South 690.00 feet of the Northeast Quarter, a distance of 315.67 feet to the east line of the West 1664.35 feet of the Northeast Quarter; thence South 00 degrees 18 minutes 22 seconds West, a distance of 657.04 feet to said northerly right of way line of 225th Street West and to the point of beginning. Containing 3,406,316 square feet or 78.20 acres, more or less. Abstract Property DEVELOPMENT PARCEL LEGAL DESCRIPTION PROPERTY SUMMARY AIRLAKE DEA ±31.75 AC AIRLAKE DEA LOT 1 BLOCK 1 ±38.50 AC OUTLOT A ±39.35 AC ROW DEDICATION ±4.98 AC TOTAL AREA ±114.58 AC ZONING SUMMARY EXISTING ZONING I-2 GENERAL INDUSTRIAL PROPOSED ZONING I-2 GENERAL INDUSTRIAL DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.02/06/202553113EXISTING PROPERTY LINE PROPOSED EASEMENT EXISTING EASEMENT Page 176 of 255 J J J EV EV EV EV EV READY EV READY EV READY EV READYEVREADYEVEVEV EVEVEVEVEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYGUEST PARKING EMPLOYEE PARKING EMPLOYEE PARKING CONCURRENT CONSTRUCTION OF 22ND ST W EXTENSION TO BE COMPLETED BY OTHERS BUILDING DATA SUMMARY PARKING REQUIRED PARKING (WAREHOUSE / OFFICE) 357 SPACES TOTAL PROPOSED PARKING 374 SPACES ADA STALLS REQ'D / PROVIDED 8 SPACES / 9 SPACES PROPOSED EV PARKING (EVCS / EVCS READY)11 SPACES / 24 SPACES PROPERTY SUMMARY DAKOTA ELECTRIC - LAKEVILLE TOTAL PROPERTY AREA 77.85 AC EXISTING PERVIOUS AREA 77.85 AC PROPOSED IMPERVIOUS AREA 21.55 AC PROPOSED PERVIOUS AREA 56.30 AC ZONING SUMMARY EXISTING ZONING I-2 GENERAL INDUSTRIAL PROPOSED ZONING I-2 GENERAL INDUSTRIAL BUILDING SETBACKS FRONT = 40' SIDE = 10' REAR = 30' PROPOSED CURB AND GUTTER PROPERTY LINE SETBACK LINE RETAINING WALL / SCREEN WALL PROPOSED STANDARD DUTY ASPHALT PROPOSED CONCRETE PAVEMENT PROPOSED STORMWATER MANAGEMENT AREA PROPOSED CONCRETE SIDEWALK LEGEND PROPOSED HEAVY DUTY ASPHALT This 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 K:\TWC_LDEV\LAUNCH PROPERTIES\LAKEVILLE - ADELMANN FARM\3 Design\CAD\PlanSheets\Dakota Electric\C4-SITE PLAN.dwg April 10, 2025 - 2:42pmBYREVISIONSNo.DATE 2025 KIMLEY-HORN AND ASSOCIATES, INC.11995 SINGLETREE LN SUITE 225, EDEN PRAIRIE, MN 55344PHONE: 612-315-1272WWW.KIMLEY-HORN.COM©PRELIMINARY - NOT FOR CONSTRUCTION3CLIENT COMMENTS03/20/2025BMW2CITY COMMENTS03/07/2025BMW1CITY COMMENTS01/20/2025BMW4CITY & CLIENT COMMENTS04/01/2025BMW5CITY COMMENTS04/10/2025BMWSITE PLAN NOTES 1.ALL WORK AND MATERIALS SHALL COMPLY WITH ALL CITY/COUNTY REGULATIONS AND CODES AND O.S.H.A. STANDARDS. 2.CONTRACTOR SHALL REFER TO THE ARCHITECTURAL PLANS FOR EXACT LOCATIONS AND DIMENSIONS OF VESTIBULES, SLOPE PAVING, SIDEWALKS, EXIT PORCHES, TRUCK DOCKS, PRECISE BUILDING DIMENSIONS AND EXACT BUILDING UTILITY ENTRANCE LOCATIONS. 3.ALL INNER CURBED RADII ARE TO BE 3' AND OUTER CURBED RADII ARE TO BE 10' UNLESS OTHERWISE NOTED. STRIPED RADII ARE TO BE 5'. 4.ALL DIMENSIONS AND RADII ARE TO THE FACE OF CURB UNLESS OTHERWISE NOTED. 5.EXISTING STRUCTURES WITHIN CONSTRUCTION LIMITS ARE TO BE ABANDONED, REMOVED OR RELOCATED AS NECESSARY. ALL COST SHALL BE INCLUDED IN BASE BID. 6.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL RELOCATIONS, (UNLESS OTHERWISE NOTED ON PLANS) INCLUDING BUT NOT LIMITED TO, ALL UTILITIES, STORM DRAINAGE, SIGNS, TRAFFIC SIGNALS & POLES, ETC. AS REQUIRED. ALL WORK SHALL BE IN ACCORDANCE WITH GOVERNING AUTHORITIES REQUIREMENTS AND PROJECT SITE WORK SPECIFICATIONS AND SHALL BE APPROVED BY SUCH. ALL COST SHALL BE INCLUDED IN BASE BID. 7.SITE BOUNDARY, TOPOGRAPHY, UTILITY AND ROAD INFORMATION TAKEN FROM A SURVEY BY EGAN, FIELD & NOWAK, INC., DATED 01/25/2021. KIMLEY-HORN ASSUMES NO LIABILITY FOR ANY ERRORS, INACCURACIES, OR OMISSIONS CONTAINED THEREIN. 8.TOTAL LAND AREA IS 77.85 ACRES. 9.PYLON / MONUMENT SIGNS SHALL BE CONSTRUCTED BY OTHERS. SIGNS ARE SHOWN FOR GRAPHICAL & INFORMATIONAL PURPOSES ONLY. CONTRACTOR TO VERIFY SIZE, LOCATION AND ANY REQUIRED PERMITS NECESSARY FOR THE CONSTRUCTION OF THE PYLON / MONUMENT SIGN. 10.CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING AND ELECTRICAL PLAN. 11.NO PROPOSED LANDSCAPING SUCH AS TREES OR SHRUBS, ABOVE AND UNDERGROUND STRUCTURES, OR OTHER OBSTRUCTIONS SHALL BE LOCATED WITHIN EXISTING OR PROPOSED UTILITY EASEMENTS AND RIGHTS OF WAY UNLESS SPECIFICALLY NOTED ON PLANS OTHERWISE. 12.REFERENCE ARCHITECTURAL PLANS FOR DUMPSTER ENCLOSURE DETAILS. 13.REFER TO FINAL PLAT OR ALTA SURVEY FOR EXACT LOT AND PROPERTY BOUNDARY DIMENSIONS. REFER TO AIRLAKE DEA 2ND ADDITION FOR LOT SPLIT AND DEDICATION OF WESTERN LOT AS A BUILDABLE LOT. 14.ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT. 15.ALL DIMENSIONS ARE ROUNDED TO THE NEAREST TENTH FOOT. 16.ALL PARKING STALLS TO BE 10' IN WIDTH AND 20' IN LENGTH UNLESS OTHERWISE INDICATED. 17.FOR OFFSITE IMPROVEMENTS, SEE THE OFFSITE IMPROVEMENTS PLANS. NORTH PREPARED FOROVERALL SITEPLANC400DAKOTA ELECTRIC -LAKEVILLECOOPERATIVEBUILDING SOLUTIONSLAKEVILLEMNC402 C401 DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.04/10/202553113C403 DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16126700004/10/2025AS SHOWNCGMMOBBMW8' TALL PROPOSED FENCE - 7' GALVANIZED CHAIN LINK W/ 1' BARBED WIRE. PROPOSED ORNAMENTAL FENCE B.O.D. AMERISTAR 7' TALL PROPOSED FENCE - 7' GALVANIZED CHAIN LINK W/ PRIVACY SLATES Page 177 of 255 D D CO CO CO D J J J EV EV EV EV EV READY EV READY EV READY EV READYEVREADYEVEVEV EVEVEVEVEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEXISTING WETLAND D CO D CO CO CO CO CODCOCODCO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO D D 94 6 946 9 4 6 946947 947 940945945945941942943944946946946 946947 947948 948945945945 945 945945945 942943944944944 944944 944944946946 946 946946946 946947947 947 947947947947948948948 948948946946 946 94 7 947 935 940933 933934 934936937938 939939939 941 9 4 1 941 941 94194 2 942 9 4 2 9429429 4 2 942942 943 9 4 3 943943 94 3 943 PROPOSED BUILDING ±216,660 SF FFE: 948.50 945 945945945 945945945 945945945946 945 944944944944 94 4 944944 9439439 4 3 943 9 4 3 942942 9 4 2 942942943942 942 942 9 4 2942942942942 941 94194 19419 4 1 9419419 4 1 941 940940940 94 0 9 4 0 940940 940 939 939 93 9 939 939 939 93 9 93 8 93 8 938 938 938 938 938937 937 937 9379379 36 936 936 936935935935934 9 3 4 934 934933933 933 935 940 933934 936937938939 940 940 940 940938 939 939 941 941 941 941942942 942 942 943 943944944 940 936 937 938 939 941 942 935 933934936937938 935934 936 937 938 940 940 940940 940 940 937 938 938 938 938 939 939 939 939 941 941 941942943944 POTENTIAL BORROW PIT. CONTRACTOR IS TO CONFIRM DEPTH OF BORROW AND EXACT AREA WITH THE OWNER PRIOR TO CONSTRUCTION. CONTRACTOR IS TO FILL WITH NON-STRUCTURAL MATERIAL (TOPSOIL), SEED/ESTABLISH TO EXISTING GRADE AND ENSURE POSITIVE DRAINAGE UPON COMPLETION OF BORROW ACTIVITIES. INFILTRATION BASIN TOP: 939.00 BOTTOM: 932.65 10 YR HWL: 935.67 100 YR HWL: 937.84 WQV ELEV: 934.44 WQV REQUIRED: 117,340 CF TOTAL VOLUME PROVIDED: 117,507 CF This 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 K:\TWC_LDEV\LAUNCH PROPERTIES\LAKEVILLE - ADELMANN FARM\3 Design\CAD\PlanSheets\Dakota Electric\C5-GRADING PLAN.dwg April 10, 2025 - 2:43pmBYREVISIONSNo.DATE 2025 KIMLEY-HORN AND ASSOCIATES, INC.11995 SINGLETREE LN SUITE 225, EDEN PRAIRIE, MN 55344PHONE: 612-315-1272WWW.KIMLEY-HORN.COM©PRELIMINARY - NOT FOR CONSTRUCTION3CLIENT COMMENTS03/20/2025BMW2CITY COMMENTS03/07/2025BMW1CITY COMMENTS01/20/2025BMW4CITY & CLIENT COMMENTS04/01/2025BMW5CITY COMMENTS04/10/2025BMWPREPARED FOROVERALLGRADING PLANC500DAKOTA ELECTRIC -LAKEVILLECOOPERATIVEBUILDING SOLUTIONSLAKEVILLEMNDATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16126700004/10/2025AS SHOWNCGMMOBBMWGRADING PLAN NOTES 1.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CITY OF LAKEVILLE, SPECIFICATIONS AND BUILDING PERMIT REQUIREMENTS. 2.CONTRACTOR TO CALL GOPHER STATE CALL ONE @ <1-800-252-1166> AT LEAST TWO WORKING DAYS PRIOR TO EXCAVATION/CONSTRUCTION FOR UTILITY LOCATIONS. 3.CONTRACTOR TO FIELD VERIFY THE LOCATIONS AND ELEVATIONS OR EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO THE START OF SITE GRADING. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES OR VARIATIONS. 4.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. 5.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL HORIZONTAL AND VERTICAL CONTROL. 6.CONTRACTOR SHALL EXCAVATE DRAINAGE TRENCHES TO FOLLOW PROPOSED STORM SEWER ALIGNMENTS. 7.GRADES SHOWN ARE FINISHED GRADES. CONTRACTOR SHALL ROUGH GRADE TO SUBGRADE ELEVATION AND LEAVE STREET READY FOR SUBBASE. 8.ALL EXCESS MATERIAL, BITUMINOUS SURFACING, CONCRETE ITEMS, ANY ABANDONED UTILITY ITEMS, AND OTHER UNSTABLE MATERIALS SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF OFF THE CONSTRUCTION SITE. 9.REFER TO THE UTILITY PLAN FOR SANITARY SEWER MAIN, WATER MAIN SERVICE LAYOUT AND ELEVATIONS AND CASTING / STRUCTURE NOTATION. 10.CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTION OF PAVEMENTS AND CURB AND GUTTER WITH SMOOTH UNIFORM SLOPES TO PROVIDE POSITIVE DRAINAGE. 11.INSTALL A MINIMUM OF 4" CLASS 5 AGGREGATE BASE UNDER CURB AND GUTTER AND CONCRETE SIDEWALKS. 12.UPON COMPLETION OF EXCAVATION AND FILLING, CONTRACTOR SHALL RESTORE ALL STREETS AND DISTURBED AREAS ON SITE. ALL DISTURBED AREAS SHALL BE RE-VEGETATED WITH A MINIMUM OF 4" OF TOPSOIL. 13.ALL SPOT ELEVATIONS/CONTOURS ARE TO GUTTER / FLOW LINE UNLESS OTHERWISE NOTED. 14.GRADING FOR ALL SIDEWALKS AND ACCESSIBLE ROUTES INCLUDING CROSSING DRIVEWAYS SHALL CONFORM TO CURRENT ADA STATE/NATIONAL STANDARDS. IN NO CASE SHALL ACCESSIBLE RAMP SLOPES EXCEED 1 VERTICAL TO 12 HORIZONTAL. IN NO CASE SHALL SIDEWALK CROSS SLOPES EXCEED 2% . IN NO CASE SHALL LONGITUDINAL SIDEWALK SLOPES EXCEED 5%. IN NO CASE SHALL ACCESSIBLE PARKING STALLS OR AISLES EXCEED 2% (1.5% TARGET) IN ALL DIRECTIONS. SIDEWALK ACCESS TO EXTERNAL BUILDING DOORS AND GATES SHALL BE ADA COMPLIANT. CONTRACTOR SHALL NOTIFY ENGINEER IMMEDIATELY IF ADA CRITERIA CANNOT BE MET IN ANY LOCATION PRIOR TO PAVING. NO CONTRACTOR CHANGE ORDERS WILL BE ACCEPTED FOR A.D.A COMPLIANCE ISSUES. 15.MAINTAIN A MINIMUM OF 0.5% GUTTER SLOPE TOWARDS LOW POINTS. 16.CONTRACTOR TO PROVIDE 3" INSULATION BY 5' WIDE CENTERED ON STORM PIPE IF LESS THAN 4' OF COVER IN PAVEMENT AREAS AND LESS THAN 3' OF COVER IN LANDSCAPE AREAS. 17.ROOF DRAIN INVERT CONNECTIONS AT THE BUILDING SHALL BE AT ELEVATION 934.50' OR LOWER UNLESS NOTED OTHERWISE. REFERENCE MEP PLANS FOR ROOF DRAIN CONNECTION. 18.ALL STORM SEWER CONNECTIONS SHALL BE GASKETED AND WATER TIGHT INCLUDING MANHOLE CONNECTIONS. 19.ALL STORM SEWER PIPE SHALL BE AIR TESTED IN ACCORDANCE WITH THE CURRENT PLUMBING CODE. 20.MAINTAIN A MINIMUM OF 1.25% SLOPE IN BITUMINOUS PAVEMENT AREAS, 0.5% SLOPE IN CONCRETE PAVEMENT AREAS. 21.CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT "INFALL CURB" WHERE PAVEMENT DRAINS TOWARD GUTTER, AND "OUTFALL" CURB WHERE PAVEMENT DRAINS AWAY FROM GUTTER. PROPOSED STORM SEWER PROPOSED STORM SEWER PROPERTY LINE EXISTING CONTOUR PROPOSED CONTOUR925 PROPOSED SPOT ELEVATION100.00 LEGEND PROPOSED HIGH POINT ELEVATION HP:0.0 PROPOSED LOW POINT ELEVATION PROPOSED GUTTER ELEVATION PROPOSED TOP OF CURB ELEVATION PROPOSED FLUSH PAVEMENT ELEVATION LP:0.0 G:0.00 T:0.00 PROPOSED EMERGENCY OVERFLOW T/G:0.0 EOF:0.0 0.0%PROPOSED DRAINAGE DIRECTION 0.00%PROPOSED ADA SLOPE 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 CLEANOUT PROPOSED RIPRAP PROPOSED FLARED END SECTION CO D NORTH DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.04/10/202553113C503 C502 C501 Page 178 of 255 J J J EXISTING WETLAND D D D CO CO CO D CO D CO CO CO CO CODCOCODCO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO CO D D 935 935 94 0 94 0 940 945945 945 934 934 936 936 937 937 9 3 8938938938938 939 939 939 9419419419 4 1 941 94 1941941941 942 942942942942 9 4 3 94 3 943 944 94 4 944 945945945 INFILTRATION BASIN TOP: 939.00 BOTTOM: 932.65 10 YR HWL: 935.67 100 YR HWL: 937.84 WQV ELEV: 934.44 WQV REQUIRED: 117,340 CF TOTAL VOLUME PROVIDED: 117,507 CF This 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 K:\TWC_LDEV\LAUNCH PROPERTIES\LAKEVILLE - ADELMANN FARM\3 Design\CAD\PlanSheets\Dakota Electric\C5-STORM SEWER PLAN.dwg April 10, 2025 - 2:44pmBYREVISIONSNo.DATE 2025 KIMLEY-HORN AND ASSOCIATES, INC.11995 SINGLETREE LN SUITE 225, EDEN PRAIRIE, MN 55344PHONE: 612-315-1272WWW.KIMLEY-HORN.COM©PRELIMINARY - NOT FOR CONSTRUCTION3CLIENT COMMENTS03/20/2025BMW2CITY COMMENTS03/07/2025BMW1CITY COMMENTS01/20/2025BMW4CITY & CLIENT COMMENTS04/01/2025BMW5CITY COMMENTS04/10/2025BMWPREPARED FOROVERALL STORMPLANC600DAKOTA ELECTRIC -LAKEVILLECOOPERATIVEBUILDING SOLUTIONSLAKEVILLEMNDATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16126700004/10/2025AS SHOWNCGMMOBBMWSTORM PLAN NOTES 1.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH THE CITY OF LAKEVILLE, SPECIFICATIONS AND BUILDING PERMIT REQUIREMENTS. 2.CONTRACTOR TO CALL GOPHER STATE CALL ONE @ <1-800-252-1166> AT LEAST TWO WORKING DAYS PRIOR TO EXCAVATION/CONSTRUCTION FOR UTILITY LOCATIONS. 3.STORM SEWER PIPE SHALL BE AS FOLLOWS: RCP PER ASTM C-76 HDPE: 0" - 10" PER AASHTO M-252 HDPE: 12" OR GREATER PER ASTM F-2306 PVC SCH. 40 PER ASTM D-1785 STORM SEWER FITTINGS SHALL BE AS FOLLOWS: RCP PER ASTM C-76, JOINTS PER ASTM C-361, C-990, AND C-443 HDPE PER ASTM 3212 PVC PER ASTM D-3034, JOINTS PER ASTM D-3212 4.CONTRACTOR TO FIELD VERIFY THE LOCATIONS AND ELEVATIONS OR EXISTING UTILITIES AND TOPOGRAPHIC FEATURES PRIOR TO THE START OF SITE GRADING. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE PROJECT ENGINEER OF ANY DISCREPANCIES OR VARIATIONS. 5.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. 6.CONTRACTOR SHALL BE RESPONSIBLE FOR ALL HORIZONTAL AND VERTICAL CONTROL. 7.CONTRACTOR SHALL EXCAVATE DRAINAGE TRENCHES TO FOLLOW PROPOSED STORM SEWER ALIGNMENTS. 8.GRADES SHOWN ARE FINISHED GRADES. CONTRACTOR SHALL ROUGH GRADE TO SUBGRADE ELEVATION AND LEAVE STREET READY FOR SUBBASE. 9.ALL EXCESS MATERIAL, BITUMINOUS SURFACING, CONCRETE ITEMS, ANY ABANDONED UTILITY ITEMS, AND OTHER UNSTABLE MATERIALS SHALL BECOME THE PROPERTY OF THE CONTRACTOR AND SHALL BE DISPOSED OF OFF THE CONSTRUCTION SITE. 10.REFER TO THE UTILITY PLAN FOR SANITARY SEWER MAIN, WATER MAIN SERVICE LAYOUT AND ELEVATIONS AND CASTING / STRUCTURE NOTATION. 11.CONTRACTOR IS RESPONSIBLE FOR CONSTRUCTION OF PAVEMENTS AND CURB AND GUTTER WITH SMOOTH UNIFORM SLOPES TO PROVIDE POSITIVE DRAINAGE. 12.INSTALL A MINIMUM OF <4" CLASS 5> AGGREGATE BASE UNDER CURB AND GUTTER AND CONCRETE SIDEWALKS. 13.UPON COMPLETION OF EXCAVATION AND FILLING, CONTRACTOR SHALL RESTORE ALL STREETS AND DISTURBED AREAS ON SITE. ALL DISTURBED AREAS SHALL BE RE-VEGETATED WITH A MINIMUM OF <4" OF TOPSOIL>. 14.ALL SPOT ELEVATIONS/CONTOURS ARE TO GUTTER / FLOW LINE UNLESS OTHERWISE NOTED. 15.GRADING FOR ALL SIDEWALKS AND ACCESSIBLE ROUTES INCLUDING CROSSING DRIVEWAYS SHALL CONFORM TO CURRENT ADA STATE/NATIONAL STANDARDS. IN NO CASE SHALL ACCESSIBLE RAMP SLOPES EXCEED 1 VERTICAL TO 12 HORIZONTAL. IN NO CASE SHALL SIDEWALK CROSS SLOPES EXCEED 2% . IN NO CASE SHALL LONGITUDINAL SIDEWALK SLOPES EXCEED 5%. IN NO CASE SHALL ACCESSIBLE PARKING STALLS OR AISLES EXCEED 2% (1.5% TARGET) IN ALL DIRECTIONS. SIDEWALK ACCESS TO EXTERNAL BUILDING DOORS AND GATES SHALL BE ADA COMPLIANT. CONTRACTOR SHALL NOTIFY ENGINEER IMMEDIATELY IF ADA CRITERIA CANNOT BE MET IN ANY LOCATION PRIOR TO PAVING. NO CONTRACTOR CHANGE ORDERS WILL BE ACCEPTED FOR A.D.A COMPLIANCE ISSUES. 16.MAINTAIN A MINIMUM OF 0.5% GUTTER SLOPE TOWARDS LOW POINTS. 17.CONTRACTOR TO PROVIDE INSULATION CENTERED ON STORM PIPE IF LESS THAN 4' OF COVER IN PAVEMENT AREAS AND LESS THAN 3' OF COVER IN LANDSCAPE AREAS. SEE DETAIL 2 ON SHEET C611 FOR FURTHER INFORMATION. 18.ROOF DRAIN INVERT CONNECTIONS AT THE BUILDING SHALL BE AT ELEVATION 946.33' OR LOWER UNLESS NOTED OTHERWISE. REFERENCE MEP PLANS FOR ROOF DRAIN CONNECTION. 19.ALL STORM SEWER CONNECTIONS SHALL BE GASKETED AND WATER TIGHT INCLUDING MANHOLE CONNECTIONS. 20.ALL STORM SEWER PIPE SHALL BE AIR TESTED IN ACCORDANCE WITH THE CURRENT PLUMBING CODE. 21.MAINTAIN A MINIMUM OF 1.25% SLOPE IN BITUMINOUS PAVEMENT AREAS, 0.5% SLOPE IN CONCRETE PAVEMENT AREAS. 22.CONTRACTOR SHALL REVIEW PAVEMENT GRADIENT AND CONSTRUCT "INFALL CURB" WHERE PAVEMENT DRAINS TOWARD GUTTER, AND "OUTFALL" CURB WHERE PAVEMENT DRAINS AWAY FROM GUTTER. PROPOSED STORM MANHOLE (SOLID CASTING) PROPOSED STORM SEWER PROPOSED STORM MANHOLE (ROUND INLET CASTING) PROPOSED STORM SEWER PROPERTY LINE LEGEND PROPOSED SANITARY SEWER PROPOSED WATERMAIN CO PROPOSED STORM MANHOLE/ CATCH BASIN (CURB INLET CASTING) PROPOSED STORM SEWER CLEANOUT PROPOSED RIPRAP PROPOSED FLARED END SECTION D NORTH DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.04/10/202553113C602 C601 C603 Page 179 of 255 CO CO COCO CO CO CO This 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 K:\TWC_LDEV\LAUNCH PROPERTIES\LAKEVILLE - ADELMANN FARM\3 Design\CAD\PlanSheets\Dakota Electric\C6-UTILITY PLAN.dwg April 10, 2025 - 2:46pmBYREVISIONSNo.DATE 2025 KIMLEY-HORN AND ASSOCIATES, INC.11995 SINGLETREE LN SUITE 225, EDEN PRAIRIE, MN 55344PHONE: 612-315-1272WWW.KIMLEY-HORN.COMPRELIMINARY - NOT FOR CONSTRUCTION3CLIENT COMMENTS03/20/2025BMW2CITY COMMENTS03/07/2025BMW1CITY COMMENTS01/20/2025BMW4CITY & CLIENT COMMENTS04/01/2025BMW5CITY COMMENTS04/10/2025BMWPREPARED FOROVERALL UTILITYPLANC700DAKOTA ELECTRIC -LAKEVILLECOOPERATIVEBUILDING SOLUTIONSLAKEVILLEMNUTILITY PLAN NOTES 1.ALL FILL MATERIAL IS TO BE IN PLACE, AND COMPACTED BEFORE INSTALLATION OF PROPOSED UTILITIES. 2.SANITARY SEWER PIPE SHALL BE AS FOLLOWS: 8" PVC SDR35 PER ASTM D-3034, FOR PIPES LESS THAN 12' DEEP 8" PVC SDR26 PER ASTM D-3034, FOR PIPES MORE THAN 12' DEEP 6" PVC SCHEDULE 40 PER ASTM D-1785 DUCTILE IRON PIPE PER AWWA C150 3.WATER LINES SHALL BE AS FOLLOWS: 6" AND LARGER, PVC C-900 PER ASTM D 2241 CLASS 200 UNDER COUNTY ROADS, OTHERWISE CLASS 150 4" AND LARGER DUCTILE IRON PIPE PER AWWA C150 SMALLER THAN 3" PIPING SHALL BE COPPER TUBE TYPE "K" PER ANSI 816.22 OR PVC, 200 P.S.I., PER ASTM D1784 AND D2241. 4.MINIMUM TRENCH WIDTH SHALL BE 2 FEET. 5.ALL WATER JOINTS ARE TO BE MECHANICAL JOINTS WITH RESTRAINTS SUCH AS THRUST BLOCKING, WITH STAINLESS STEEL OR COBALT BLUE BOLTS, OR AS INDICATED IN THE CITY SPECIFICATIONS AND PROJECT DOCUMENTS. 6.ALL UTILITIES SHOULD BE KEPT TEN (10') APART (PARALLEL) OR WHEN CROSSING 18" VERTICAL CLEARANCE (OUTSIDE EDGE OF PIPE TO OUTSIDE EDGE OF PIPE OR STRUCTURE). 7.CONTRACTOR SHALL MAINTAIN A MINIMUM OF 7'-5" COVER ON ALL WATERLINES. 8.IN THE EVENT OF A VERTICAL CONFLICT BETWEEN WATER LINES, SANITARY LINES, STORM LINES AND GAS LINES, OR ANY OBSTRUCTION (EXISTING AND PROPOSED), THE SANITARY LINE SHALL BE SCH. 40 OR C900 WITH MECHANICAL JOINTS AT LEAST 10 FEET ON EITHER SIDE OF THE CENTER LINE OF THE CROSSING. THE WATER LINE SHALL HAVE MECHANICAL JOINTS WITH APPROPRIATE FASTENERS AS REQUIRED TO PROVIDE A MINIMUM OF 18" VERTICAL SEPARATION. MEETING REQUIREMENTS OF ANSI A21.10 OR ANSI 21.11 (AWWA C-151) (CLASS 50). 9.LINES UNDERGROUND SHALL BE INSTALLED, INSPECTED AND APPROVED BEFORE BACKFILLING. 10.TOPS OF MANHOLES SHALL BE RAISED AS NECESSARY TO BE FLUSH WITH PROPOSED PAVEMENT ELEVATIONS, AND TO BE ONE FOOT ABOVE FINISHED GROUND ELEVATIONS, IN GREEN AREAS, WITH WATERTIGHT LIDS. 11.ALL CONCRETE FOR ENCASEMENTS SHALL HAVE A MINIMUM 28 DAY COMPRESSION STRENGTH AT 3000 P.S.I. 12.EXISTING UTILITIES SHALL BE VERIFIED IN FIELD PRIOR TO INSTALLATION OF ANY NEW LINES. 13.REFER TO INTERIOR PLUMBING DRAWINGS FOR TIE-IN OF ALL UTILITIES. 14.CONTRACTOR IS RESPONSIBLE FOR COMPLYING TO THE SPECIFICATIONS OF THE CITY OF LAKEVILLE AND/OR STATE OF MN WITH REGARDS TO MATERIALS AND INSTALLATION OF THE WATER AND SEWER LINES. 15.THE CONTRACTOR IS SPECIFICALLY CAUTIONED THAT THE LOCATION AND/OR ELEVATION OF EXISTING UTILITIES AS SHOWN ON THESE PLANS IS BASED ON RECORDS OF THE VARIOUS UTILITY COMPANIES, AND WHERE POSSIBLE, MEASUREMENTS TAKEN IN THE FIELD. THE INFORMATION IS NOT TO BE RELIED ON AS BEING EXACT OR COMPLETE. THE CONTRACTOR MUST CALL THE APPROPRIATE UTILITY COMPANIES AT LEAST 72 HOURS BEFORE ANY EXCAVATION TO REQUEST EXACT FIELD LOCATION OF UTILITIES. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO RELOCATE ALL EXISTING UTILITIES WHICH CONFLICT WITH THE PROPOSED IMPROVEMENTS SHOWN ON THE PLANS. 16.CONTRACTOR IS RESPONSIBLE FOR ALL NECESSARY INSPECTIONS AND/OR CERTIFICATIONS REQUIRED BY CODES AND/OR UTILITY SERVICE COMPANIES. 17.CONTRACTOR SHALL COORDINATE WITH ALL UTILITY COMPANIES FOR INSTALLATION REQUIREMENTS AND SPECIFICATIONS. 18.CONTRACTOR SHALL REFERENCE ARCH / MEP PLANS FOR SITE LIGHTING AND ELECTRICAL PLAN. 19.BACKFLOW DEVICES (DDCV AND PRZ ASSEMBLIES) AND METERS ARE LOCATED IN THE INTERIOR OF THE BUILDING. REF. ARCH / MEP PLANS. 20.ALL ONSITE WATERMAINS AND SANITARY SEWERS SHALL BE PRIVATELY OWNED AND MAINTAINED. 21.ALL WATERMAIN STUBOUTS SHALL BE MECHANICALLY RESTRAINED WITH REACTION BLOCKING. SANITARY SEWER MANHOLE STORM SEWER SANITARY SEWER WATERMAIN GATE VALVE HYDRANT TEE REDUCER UNDERGROUND ELECTRIC TELEPHONE GAS MAIN STORM SEWER LEGEND CO SANITARY CLEANOUTCO EXISTING PROPOSED NORTH DATE:I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED PROFESSIONALENGINEER UNDER THE LAWS OF THE STATE OFMINNESOTA.MNLIC. NO.BRIAN M. WURDEMAN, P.E.04/10/202553113DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16126700004/10/2025AS SHOWNCGMMOBBMWC702 C701 C703 Page 180 of 255 EV EV EV EV EV READY EV READY EV READY EV READYEVREADYEVEVEV EVEVEVEVEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYSTORMWATER MANAGEMENT AREA PROPOSED BUILDING ±176,685 SF EXISTING AGRICULTURAL FIELD TO REMAIN LANDSCAPE LEGEND EDGER (TYP.) APPROXIMATE LIMITS OF SEEDING / SEED ALL DISTURBED AREAS (TYP.) SEED EDGE (TYP.) ROCK MULCH (TYP.) SEED WITH MNDOT WET DITCH (WD) SEED MIX (TYP.) SEED WITH MNDOT SOUTHERN BOULEVARD (SB) SEED MIX (TYP.) SEED WITH MNDOT SOUTHWEST TALLGRASS ROADSIDE (STR) SEED MIX (TYP.) SEED WITH PRAIRIE RESTORATIONS, INC: 2024 SHORT GRASS PRAIRIE MIX (TYP.) SEED WITH PRAIRIE RESTORATIONS, INC: 2024 SHORT PRAIRIE WILDFLOWER SEED MIX (TYP.) 5' - 6' BOULDERS (TYP.) SOD (TYP.)This 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 K:\TWC_LDEV\LAUNCH PROPERTIES\LAKEVILLE - ADELMANN FARM\3 Design\CAD\PlanSheets\Dakota Electric\L1-LANDSCAPE PLAN.dwg April 10, 2025 - 2:48pmBYREVISIONSNo.DATE 2025 KIMLEY-HORN AND ASSOCIATES, INC.11995 SINGLETREE LN SUITE 225, EDEN PRAIRIE, MN 55344PHONE: 612-315-1272WWW.KIMLEY-HORN.COMPRELIMINARY - NOT FOR CONSTRUCTION3CLIENT COMMENTS03/20/2025BMW2CITY COMMENTS03/07/2025BMW1CITY COMMENTS01/20/2025BMW4CITY & CLIENT COMMENTS04/01/2025BMW5CITY COMMENTS04/10/2025BMWDATE: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, RLA04/10/202553828DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16126700004/10/2063AS SHOWNCFKATKRAHNORTH LANDSCAPE SUMMARY SECTION 11-21-9: REQUIRED SCREENING AND LANDSCAPING OFF STREET PARKING AREAS: PERIMETER TREATMENT REQUIRED:A CONTINUOUS OPAQUE BARRIER WITH A MAXIMUM HEIGHT OF 36" SHALL BE PROVIDED ALONG THE PERIMETER ABUTTING PUBLIC RIGHT-OF-WAY AND RESIDENTIALLY ZONED PROPERTIES THAT CONSIST OF PLANTINGS, HEDGES, DECORATIVE OR ORNAMENTAL FENCES, WALLS, OR EARTH BERMS OR ANY COMBINATION THEREOF. DECIDUOUS TREES INTENDED FOR SCREENING SHALL BE PLANTED NOT MORE THAN 40' APART LENGTH ALONG 225TH ST W = 767.63 LF / 40 LF = 19.19 = 19 CANOPY TREES REQUIRED PERIMETER TREATMENT PROVIDED:21 CANOPY TREES AND A CONTINUOUS EVERGREEN SHRUB ROW (SETBACK 2' FROM PARKING STALLS) PROVIDED ALONG PARKING LOT PERIMETER ADJACENT TO 225TH ST W ALL GROUND AREAS UNDER THE BUILDING ROOF OVERHANG MUST BE TREATED WITH A DECORATIVE MULCH AND/OR FOUNDATION PLANTING. SCREENING REQUIRED: AREAS ADJACENT TO RESIDENTIAL ZONING PROVIDED: SEE PLAN & LANDSCAPE ENLARGEMENT L102 L101 L103 Know what'sbelow. before you dig.Call L104 ECO ESSENTAILS SHORT PRAIRIE WILD FLOWER MIX (WILD) RANGE 1-3 FEET HT. SEED AT 8 LBS. AN ACRE FOR GRASS MIX SEED AT 48 OZ. AN ACRE FOR WILDFLOWER MIX SHORT PRAIRIE WILDFLOWER MIX ACCENTS ACHILLEA MILLEFOLIUM (YARROW) DRYMOCALLIS ARGUTA (PRAIRIE CINQUEFOIL) MONARDA FISTULA (WILD BERGAMOT) PENSTEMON GRANDIFLORUS (SHOWY PENSTEMON) SOLIDAGO PTARMICOIDES (UPLAND GOLDENROD) SHORT PRAIRIE GRASS ACCENTS SPOROBULUS HETEROLEPIS (PRAIRIE DROPSEED)PREPARED FORLANDSCAPE PLANL100DAKOTA ELECTRIC -LAKEVILLECOOPERATIVEBUILDING SOLUTIONSLAKEVILLEMNSB Page 181 of 255 EV EV EV EV EV READY EV READY EV READY EV READYEVREADYEVEVEV EVEVEVEVEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADYEVREADY14 - BBB 8 - GDW 6 - FLW 10 - SPJ 6 - FLW 10 - SGJ 3 - GDW 6 - SGJ 5 - SPJ 10 - FLW 4 - SPJ 9 - COR 6 - SGJ 3 - SPJ 9 - BLC 10 - FLW 6 - SGJ 3 - SPJ 5 - FLW 5 - SPJ 10 - GDW 13 - BLC 16 - BBB 9 - LDN 13 - BBB 5 - PDS 6 - LBS 8 - LBS 7 - PDS 7 - ELM 6 - IHL 8 - GSL 2 - SSP 2 - SSP A C D E E E C C C C A B A B A B A B C D A C D B B D B A C D E B A STR STR PRA PRA SB SB SB 4 - BEE 5 - BEE 5 - FLW 24 - MSY 22 - MOO 25 - MOO 17 - BEE 9 - MSY 19 - BEE WILD STR 10 - GDW CC C C C C C C D D 12 - GRO F FLAG POLE (SEE ARCH.) (TYP.) STATUE (SEE ARCH.) SOD SOD SOD SOD LANDSCAPE LEGEND EDGER (TYP.) APPROXIMATE LIMITS OF SEEDING / SEED ALL DISTURBED AREAS (TYP.) SEED EDGE (TYP.) ROCK MULCH (TYP.) SEED WITH MNDOT WET DITCH (WD) SEED MIX (TYP.) SEED WITH MNDOT SOUTHERN BOULEVARD (SB) SEED MIX (TYP.) A LANDSCAPE KEYNOTES EDGER (TYP.) DOUBLE SHREDDED HARDWOOD MULCH (TYP.) ROCK MULCH (TYP.) MAINTENANCE STRIP (TYP.) 5' - 6' BOULDERS (TYP.) FENCE MAINTENANCE STRIP W/ 1' OFFSET EDGER ON BOTH SIDES AND ROCK MULCH (TYP.) B C D E F CODE COMMON NAME BOTANICAL NAME CONIFEROUS TREES ERC EASTERN REDCEDAR JUNIPERUS VIRGINIANA NWS NORWAY SPRUCE PICEA ABIES SSP ALGONQUIN PILLAR SWISS STONE PINE PINUS CEMBRA 'ALGONQUIN PILLAR' WHP WHITE PINE PINUS ALBA OVERSTORY TREES ELM PRINCETON AMERICAN ELM ULMUS AMERICANA 'PRINCETON' GSL GREENSPIRE™ LINDEN TILIA CORDATA `PNI 6025` IHL IMPERIAL HONEYLOCUST GLEDITSIA TRIACANTHOS `IMPCOLE` TM CONIFEROUS SHRUBS SGJ SEA GREEN JUNIPER JUNIPERUS CHINENSIS 'SEA GREEN' SPJ SPARTAN JUNIPER JUNIPERUS CHINENSIS 'SPARTAN' DECIDUOUS SHRUBS BLC IROQUOIS BEAUTY BLACK CHOKEBERRY ARONIA MELANOCARPA 'IROQUOIS BEAUTY' TM COR FIREDANCE™ DOGWOOD CORNUS SERICEA `BAILADELINE` FLW ARTIC BLUE LEAF WILLOW SALIX X 'FLAME' GDW GRAY DOGWOOD CORNUS RACEMOSA GRO GRO-LOW FRAGRANT SUMAC RHUS AROMATICA 'GRO-LOW' LDN LITTLE DEVIL™ DWARF NINEBARK PHYSOCARPUS OPULIFOLIUS 'DONNA MAY' ORNAMENTAL GRASSES BBB BLACKHAWKS BIG BLUESTEM ANDROPOGON GERARDII `BLACKHAWKS` LBS LITTLE BLUESTEM SCHIZACHYRIUM SCOPARIUM PDS PRAIRIE DROPSEED SPOROBOLUS HETEROLEPIS PERENNIALS BEE BEE-YOU™ BEE-MERRY BEE BALM MONARDA X 'BEE-MERRY' MOO MILLENIUM ORNAMENTAL ONION ALLIUM X 'MILLENIUM' MSY MOONSHINE YARROW ACHILLEA X 'MOONSHINE' SEEDING KEYNOTES SEED WITH MNDOT WET DITCH (WD) SEED MIX (TYP.) SEED WITH MNDOT SOUTHERN BOULEVARD (SB) SEED MIX (TYP.) SEED WITH MNDOT SOUTHERN TALLGRASS ROADSIDE (STR) SEED MIX (TYP.) SEED WITH PRAIRIE RESTORATIONS, INC: SHORT GRASS PRAIRIE MIX (TYP.) SEED WITH PRAIRIE RESTORATIONS, INC: SHORT PRAIRIE GRASS & WILDFLOWER SEED MIX (TYP.) BOTH SIDES AND ROCK MULCH (TYP.) WD SB STR PRA WILD SEED WITH MNDOT SOUTHWEST TALLGRASS ROADSIDE (STR) SEED MIX (TYP.) SEED WITH PRAIRIE RESTORATIONS, INC: 2024 SHORT GRASS PRAIRIE MIX (TYP.) SEED WITH PRAIRIE RESTORATIONS, INC: 2024 SHORT PRAIRIE WILDFLOWER SEED MIX (TYP.) 5' - 6' BOULDERS (TYP.) SOD (TYP.)This 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 K:\TWC_LDEV\LAUNCH PROPERTIES\LAKEVILLE - ADELMANN FARM\3 Design\CAD\PlanSheets\Dakota Electric\L1-LANDSCAPE PLAN.dwg April 10, 2025 - 2:48pmBYREVISIONSNo.DATE 2025 KIMLEY-HORN AND ASSOCIATES, INC.11995 SINGLETREE LN SUITE 225, EDEN PRAIRIE, MN 55344PHONE: 612-315-1272WWW.KIMLEY-HORN.COMPRELIMINARY - NOT FOR CONSTRUCTION3CLIENT COMMENTS03/20/2025BMW2CITY COMMENTS03/07/2025BMW1CITY COMMENTS01/20/2025BMW4CITY & CLIENT COMMENTS04/01/2025BMW5CITY COMMENTS04/10/2025BMWNORTH MATCHLINE - SEE SHEET L102 Know what'sbelow. before you dig.Call NOTE: SEE SHEET L104 FOR FULL SCHEDULE AND QUANITIES 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, RLA04/10/202553828PREPARED FORLANDSCAPE PLANENLARGEMENTL101DAKOTA ELECTRIC -LAKEVILLECOOPERATIVEBUILDING SOLUTIONSLAKEVILLEMNPLANT KEY DATECHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT16126700004/10/2063AS SHOWNCFKATKRAHPage 182 of 255 0.91.01.01.01.01.12.02.22.32.21.91.11.22.64.95.44.72.51.21.22.86.67.36.02.51.11.22.76.06.95.52.51.11.22.22.82.82.72.11.10.91.31.41.41.41.30.80.80.80.80.80.80.91.41.51.51.51.40.91.22.22.93.02.92.21.11.22.76.06.05.82.61.11.22.76.56.22.61.11.22.54.65.14.52.51.11.11.92.12.22.11.91.00.90.90.90.90.90.78.11.92.22.93.53.02.72.91.22.54.04.65.15.05.55.34.83.44.71.22.86.74.97.55.68.26.06.23.03.21.22.86.68.37.45.58.08.36.02.81.91.22.43.54.04.74.84.63.93.42.41.51.11.71.92.22.83.32.72.11.91.71.21.11.21.51.92.11.91.51.21.21.01.11.71.82.12.83.22.62.11.81.71.31.32.43.43.84.54.74.53.73.32.61.91.32.96.77.37.25.68.06.66.03.33.51.32.96.98.57.35.68.56.74.67.61.32.64.24.75.25.15.75.55.25.78.31.82.02.33.03.73.43.37.90.99.31.51.51.61.61.61.41.61.61.61.61.51.62.73.43.43.02.31.92.43.13.33.32.61.41.83.77.78.05.02.51.92.75.76.16.83.42.92.84.58.68.85.32.61.92.75.98.47.44.67.56.46.06.45.74.22.62.02.64.24.95.04.04.28.24.93.42.72.42.12.22.32.32.62.92.711.38.74.62.72.01.91.81.71.51.61.72.02.110.67.04.43.02.42.22.02.01.92.02.12.32.25.05.25.04.43.52.52.02.63.43.63.63.02.62.54.48.48.54.92.52.02.86.26.26.63.32.71.93.88.38.64.82.41.92.86.38.26.73.12.13.04.44.43.52.31.92.64.14.54.22.61.41.91.91.91.91.91.71.92.02.02.01.81.112.23.05.45.86.35.24.25.76.76.26.54.95.86.96.16.74.75.06.66.46.96.06.26.86.35.83.42.43.76.06.26.54.82.82.54.06.68.49.26.74.22.31.30.80.70.81.32.03.44.44.43.73.43.84.64.84.23.73.94.74.84.23.53.54.44.94.74.04.14.64.63.62.52.22.73.94.74.63.73.64.87.89.18.48.57.87.65.12.91.71.21.32.41.62.83.63.32.92.62.72.93.02.82.52.62.92.92.72.42.42.72.92.82.72.72.72.62.31.81.72.02.53.03.23.64.66.78.79.19.16.77.97.77.06.54.63.02.22.64.21.64.34.63.32.62.32.12.02.01.91.91.91.81.81.71.61.61.61.71.71.81.71.71.61.51.41.41.61.92.32.83.75.06.37.17.77.35.46.47.26.05.44.93.93.43.95.52.58.46.13.92.72.11.81.71.71.71.61.51.41.31.21.11.11.11.11.11.21.21.11.11.11.11.21.31.62.12.73.64.45.05.56.25.54.14.76.05.24.34.24.14.14.75.57.96.04.12.62.02.02.02.12.22.01.81.51.10.90.80.80.80.80.80.80.80.80.80.80.91.11.21.52.02.53.03.53.84.44.73.93.13.54.64.43.73.53.74.24.64.68.75.63.62.31.92.64.04.13.44.03.92.31.10.80.60.60.60.60.60.60.60.70.70.70.81.01.21.51.82.12.42.73.03.53.42.92.32.63.43.63.23.13.33.74.03.75.03.72.51.91.83.77.17.35.57.27.13.71.20.70.60.50.50.50.50.50.50.60.60.70.81.01.11.31.61.71.92.12.42.72.52.11.82.02.63.02.92.82.93.13.12.92.12.01.71.61.51.61.11.10.70.60.50.50.50.50.50.60.70.80.91.01.21.31.41.51.72.01.91.81.61.41.62.02.42.52.52.52.52.42.21.21.11.11.42.54.53.41.80.90.50.50.50.50.50.60.70.70.80.91.01.11.21.31.51.41.51.41.21.21.31.72.02.22.22.12.01.91.80.90.70.91.53.57.36.52.71.00.60.50.50.50.60.60.70.80.80.90.91.01.11.21.21.21.11.01.01.11.41.71.91.91.81.71.51.40.80.70.91.63.56.75.32.61.10.70.50.50.50.50.60.60.70.70.70.80.80.91.00.91.01.00.90.80.91.01.21.41.61.61.51.41.31.20.90.81.01.73.56.83.32.11.30.80.60.50.50.50.60.60.60.60.60.70.70.70.70.70.80.90.80.90.80.80.70.80.91.01.21.41.41.31.21.11.01.41.21.31.83.87.55.02.71.41.00.90.80.70.70.80.80.80.80.80.70.60.60.60.70.70.70.70.80.70.70.70.70.80.91.11.11.21.11.00.90.92.71.91.82.33.45.17.23.62.01.51.31.31.41.21.01.21.41.31.10.80.60.60.60.60.70.60.70.70.70.60.60.70.70.80.91.01.01.00.90.80.84.93.02.63.34.13.55.04.23.62.42.02.73.02.11.42.02.92.81.70.90.60.60.60.60.60.60.60.60.60.60.60.60.70.70.80.90.90.80.80.70.76.34.13.55.96.05.92.86.05.94.32.85.55.63.91.63.35.65.62.61.10.80.70.60.60.60.60.60.60.60.60.60.60.60.70.70.80.80.80.70.70.76.24.64.45.41.41.10.90.70.60.60.60.60.60.50.50.50.60.60.60.70.70.70.70.70.60.67.95.24.46.28.04.42.21.20.80.60.60.60.50.50.50.50.50.50.60.60.60.60.60.60.60.60.63.33.23.24.98.55.63.11.40.80.60.60.50.50.50.50.50.50.50.50.60.60.60.60.60.60.60.61.41.92.32.82.75.02.41.20.80.60.60.60.50.50.50.50.50.50.50.60.60.60.60.60.60.50.51.01.52.23.24.11.71.31.00.70.60.60.60.60.60.50.50.50.50.50.60.60.60.60.60.50.50.51.42.23.05.48.00.80.90.80.70.60.60.60.60.60.60.60.60.60.60.60.60.60.60.60.50.50.52.54.44.65.48.41.51.20.90.70.60.60.60.60.60.60.60.60.60.60.60.60.60.60.60.60.50.54.07.78.23.22.44.62.21.20.70.60.60.60.60.60.60.60.60.60.60.70.70.70.70.60.60.50.55.63.01.40.80.60.60.60.60.70.70.70.70.70.70.70.80.80.80.70.60.60.54.72.31.20.80.60.60.60.70.70.70.70.80.80.80.80.90.90.80.70.70.60.51.61.31.00.80.70.60.70.70.80.80.80.80.90.90.91.01.01.00.80.70.60.60.91.00.90.80.70.70.70.80.80.90.91.01.01.01.11.21.21.10.90.80.70.61.81.41.10.90.70.70.70.80.91.01.11.11.11.21.31.41.41.31.10.90.70.65.02.61.41.00.80.80.80.91.01.11.31.31.31.41.51.61.61.41.21.00.90.75.83.31.61.10.90.80.90.91.11.31.51.61.61.61.81.91.91.61.31.11.00.94.62.51.61.21.01.01.01.11.21.51.71.91.92.02.12.32.21.81.41.31.11.81.71.51.31.21.21.21.21.31.41.72.12.42.42.52.72.82.61.91.51.32.32.46.24.75.85.65.43.05.85.85.34.56.16.23.44.85.96.43.45.85.75.22.01.31.21.31.41.51.51.61.71.92.43.03.23.13.43.63.12.52.42.62.93.03.73.03.23.83.02.53.13.83.13.03.73.42.62.93.93.42.73.23.82.91.81.31.31.31.51.71.92.12.22.32.83.64.14.04.34.53.63.03.03.33.53.52.32.22.22.22.01.92.02.22.22.22.22.12.02.12.32.22.12.12.11.91.61.51.41.41.61.82.22.62.93.13.44.35.35.25.65.74.33.74.04.13.93.62.02.02.12.01.81.81.82.02.12.12.01.81.81.92.12.22.11.91.71.81.81.91.81.71.61.72.12.93.84.44.55.16.56.77.06.95.25.35.54.83.73.22.42.83.12.72.21.92.12.63.13.02.52.02.02.42.93.12.82.21.92.12.63.02.92.31.71.51.82.53.85.56.56.47.38.18.27.86.77.56.74.42.82.23.24.65.14.33.02.32.84.05.14.93.62.62.43.34.75.14.33.02.32.84.05.04.83.42.11.31.21.72.84.87.58.98.08.88.68.18.78.85.42.91.71.30.40.40.40.40.40.40.40.40.40.40.40.49.89.83.66.79.09.05.92.71.20.70.46.56.88.59.611.26.42.61.00.57.36.38.49.010.28.94.92.10.90.55.85.37.37.87.58.05.83.21.60.84.54.45.96.35.65.75.33.62.11.23.63.64.75.04.34.04.03.32.31.52.93.03.73.93.43.02.92.72.21.62.42.53.03.12.72.32.22.11.91.52.02.12.52.62.31.91.71.61.61.41.61.82.02.11.91.61.41.31.31.21.41.51.71.71.61.41.21.11.11.01.21.31.41.51.41.21.11.00.90.91.01.11.21.21.21.10.90.90.80.80.90.91.01.11.01.00.90.80.70.70.80.80.90.90.90.90.80.70.70.60.70.70.80.80.80.80.70.70.60.60.70.70.70.70.70.70.70.60.60.60.60.60.70.70.70.70.60.60.50.60.60.60.60.60.60.60.60.60.60.60.60.60.60.60.60.60.60.60.60.60.50.50.60.60.60.60.60.60.60.60.50.50.60.60.60.60.70.70.60.60.50.50.60.60.60.70.70.70.70.60.50.50.60.60.60.80.80.80.70.70.50.50.60.60.80.80.90.80.80.70.50.50.60.80.90.91.00.90.90.80.50.60.60.91.01.11.11.11.00.90.50.60.91.01.11.21.31.21.11.00.60.91.01.21.31.41.51.41.31.10.61.01.21.31.51.71.71.71.51.31.21.21.31.51.82.02.12.01.81.51.41.41.51.72.02.42.52.42.11.71.81.71.71.92.32.83.13.02.61.92.32.01.92.12.73.53.93.83.12.12.92.52.22.33.14.35.14.83.82.33.43.12.72.73.65.36.66.24.52.43.73.83.63.24.16.58.68.05.02.33.44.34.84.44.77.610.79.74.92.02.53.85.66.25.77.910.14.21.61.42.44.47.27.57.811.08.23.11.10.71.22.24.26.78.59.86.02.20.90.3 0.312.1B @ 25' B @ 25'B @ 25'B @ 25'B @ 25'B @ 25'B @ 25'B @ 25'A @ 30'A @ 30'C @ 18'C @ 18'C @ 18'C @ 18'C @ 18' C @ 18'C @ 18'C @ 18'C @ 18'C @ 18'C @ 18'B @ 25'B @ 25'A @ 30'A @ 30'A @ 30'A @ 30'A @ 30'A @ 30'A @ 30'E @ 35'E @ 35'G @ 35'G @ 35'A @ 25'A @ 30'A @ 30'A @ 30'C @ 18'C @ 18'C @ 18'C @ 18'C @ 18'C @ 18'C @ 18'C @ 18'C @ 18'C @ 18' C @ 18'Plan ViewScale - 1" = 100ftDEA SITE LIGHTINGDesignerVECTOR SALESDate04/03/2025ScaleNOTEDDrawing No.Summary1 of 1ScheduleSymbol Label QTY Catalog Number Description FilenameLumensperLampLLF WattageA13 MRM-LED-55L-SIL-4-40--70CRIMRM-LED-55L-SIL-4-40-70CRI.ies54219 1 435B10 MRM-LED-55L-SIL-5W-40-70CRIMRM-LED-55L-SIL-5W-40-70CRI.ies52502 1 438C22 XWM-4-LED-21L-40XWM-4-LED-21L-40.ies20766 1 150E2 SP-J21000W50D30N LED SP-J2-1000W50D 30íπN_IESNA2002.IES149241.3 1 2991.63G2 SP-J21000W50D30N LED SP-J2-1000W50D 30íπN_IESNA2002.IES149241.3 1 3988.84Note1. MOUNTING HEIGHTS NOTED ONDRAWING2. CALCULATIONS TAKEN AT GROUNDLEVEL3.LAYOUT IS AN ESTIMATEStatisticsDescription Symbol Avg Max Min Max/Min Avg/MinASPALT LOT2.3 fc 9.8 fc 0.4 fc 24.5:1 5.8:1HIGH MAST AREA2.4 fc 12.1 fc 0.3 fc 40.3:1 8.0:1MEMBER & VISITOR PARKING 2.4 fc 8.1 fc 0.7 fc 11.6:1 3.4:1SECURE EMPLOYEE PARKING 3.8 fc 9.3 fc 0.9 fc 10.3:1 4.2:1SECURE EMPLOYEE PARKING 121SPACING3.7 fc 12.2 fc 1.1 fc 11.1:1 3.4:1Page 183 of 255 T.O. ROOF ROOF H.P. ROOF H.P. ROOF L.P. T.O. WALL T.O. ROOF ROOF H.P. ROOF H.P. ROOF H.P. ROOF L.P. ROOF L.P. ROOF H.P. ROOF H.P. ROOF H.P. ROOF H.P. ROOF H.P. ROOF L.P. ROOF H.P. B.O. CANOPY ROOF L.P. ROOF H.P. ROOF H.P. B.O. CANOPY FIRST FLOOR 100'-0" FIRST FLOOR 100'-0" SECOND FLOOR 115'-0" SECOND FLOOR 115'-0" WAB56789131211WAC1043216.96.812.26.26.68.47.9 1'-0 1/2"3'-2"21'-0"15'-0"139'-2" 136'-0"3'-0"18'-0"136'-0" 118'-0"MATCHLINESEE 2 / A3.2MATCHLINESEE 2 / A3.2BLACK ANOD. ALUM STOREFRONT SYSTEM W/ 1" INSUL. GLAZING CONT. CAST STONE BAND FULL-DEPTH STONE VENEER 8'-0" H. ORNAMENTAL FENCE - SEE CIVIL FOR EXTENTS VERTICAL MTL. PANEL SYSTEM W/ CONCEALED FASTENERS HORIZONTAL MTL. PANEL SYSTEM W/ CONCEALED FASTENERS PRE-FIN. SHT. MTL. FASCIA WOOD-LOOK METAL SOFFIT PANELS METAL TRIM FULL-DEPTH STONE VENEER CONTINUOUS CAST STONE BAND BLACK ANOD. ALUM STOREFRONT SYSTEM W/ 1" INSUL. GLAZING PEMB PRE-FIN. CANOPY (7'-6" W x 5'-0" D) OWNER PROVIDED SMOKER'S CANOPY CONC. FTG. & FDN. - SEE STRUCT. CUSTOM PERFORATED PRE- FIN. MTL. PANELS ON GALV. STL. SUBSTRUCTURE PRE-FIN. SHT. MTL. COPING 3.43 A3.4 CONC. SLAB ON STL. FRAMING. PRE-FIN. SHT. MTL. FASCIA. LONGBOARD SOFFIT PANELS. PRE-FIN. SHT. MTL. GUTTER AND D.S. 7.66.76.1 5.1 1 A8.2 7.1 WAA.9 AL-JAL-J AL-K 112A AL-QAL-Q AL-Q AL-Q AL-K 184A GALV. & PTD. STL. GUARDRAIL MEZZANINE 111'-9" AL-JB AL-J 140'-2 1/2" 8.5 5'-0"15'-0"AL-QAL-QAL-QAL-QAL-QAL-Q AL-QAL-Q AL-QAL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-QAL-Q WALL MTD. LADDER, GALV. & PTD. 5 1/2"W X 5 1/2"D PRE-FIN. MTL. ACCENT TRIM. FINISH TO MATCH ADJ. WALL PANELS FIRST FLOOR 100'-0" FIRST FLOOR 100'-0" SECOND FLOOR 115'-0" SECOND FLOOR 115'-0" WAB56 7 8 9 131211WAC1043216.96.8 12.26.26.6 8.47.9 15'-0"21'-0"3'-2 3/4"11 3/4"136'-0" 139'-2 3/4"6'-5"13'-0"3'-0"15'-0"118'-0" 137'-5" 131'-0"MATCHLINESEE 4 / A3.2MATCHLINESEE 4 / A3.2WOOD-LOOK METAL SOFFIT PANELS CONT. CAST STONE BAND FULL HEIGHT FULL- DEPTH STONE VENEER CONT. CAST STONE BAND FULL-DEPTH STONE VENEER 8'-0" H. ORNAMENTAL FENCE - SEE CIVIL FOR EXTENTS VERTICAL MTL. PANEL SYSTEM W/ CONCEALED FASTENERS HORIZONTAL MTL. PANEL SYSTEM W/ CONCEALED FASTENERS PRE-FIN. SHT. MTL. FASCIAHORIZONTAL METAL PANEL SYSTEM W/ CONCEALED FASTENERS BLACK ANOD. ALUM. STOREFRONT SYSTEM W/ 1" INSUL. GLAZING METAL TRIM FULL-DEPTH STONE VENEER CONT. CAST STONE BAND FAUX BEAM; 1/2" THK. FAUX WOOD COMPOSITE SHEET ON 3 5/8" MTL. STUDS BLACK ANOD. ALUM STOREFRONT SYSTEM W/ 1" INSUL. GLAZING SPLIT-FACE CMU DUMPSTER ENCLOSURE W/ GATES CONC. FTG. & FDN. - SEE STRUCT. 140'-2 1/2" BLACK ANOD. ALUM. STOREFRONT SYS. W/ 1" INSUL. GLAZING 3.4 3 A3.4 PRE-FIN. SHT. MTL. GUTTER AND D.S. PRE-FIN. SHT. MTL. GUTTER AND D.S. 7.66.76.15.1 4 A8.2 2 A8.27.1WAA.9 AL-QAL-QAL-QAL-Q AL-Q AL-QAL-Q AL-QAL-Q AL-QAL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-B AL-B AL-C AL-C AL-B AL-B AL-E AL-D 3 A8.3 4 A8.3 1/2" THK. FAUX WOOD COMPOSITE SHEET ON MTL. STUDS, WRAPPING STL. COLUMN 2 A6.3 8.5 2 A2.6PEMB PRE-FIN. CANOPY (7'-6" W x 5'-0" D) D.S.D.S. 173A AL-KAL-K 143A AL-A AL-A WALL MTD. LADDER, GALV. & PTD. 5 1/2"W X 5 1/2"D PRE- FIN. MTL. ACCENT TRIM. FINISH TO MATCH ADJ. WALL PANELS FIRST FLOOR 100'-0" FIRST FLOOR 100'-0" SECOND FLOOR 115'-0" SECOND FLOOR 115'-0" ABCDE F H KGJD.8AA L 4'-7 1/2"6'-11 1/2"16'-7 1/2"15'-0"131'-7 1/2" 138'-7"24'-2 7/8"3'-2 1/4"11'-9 3/4"139'-2 7/8" 111'-9 3/4" 1 A8.1 PRE-FIN. SHT. MTL. FASCIA CAST STONE BANDFULL HEIGHT FULL- DEPTH STONE VENEER CAST STONE BANDFULL-DEPTH STONE VENEER BLACK ANOD. ALUM STOREFRONT SYSTEM W/ 1" INSUL. GLAZING 8'-0" H. ORNAMENTAL FENCE - SEE CIVIL FOR EXTENTS VERTICAL MTL. PANEL SYSTEM W/ CONCEALED FASTENERS HORIZONTAL MTL. PANEL SYSTEM W/ CONCEALED FASTENERS WOOD-LOOK METAL SOFFIT PANELS PRE-FIN. SHT. MTL. FASCIA BLACK ANOD. ALUM STOREFRONT SYSTEM W/ 1" INSUL. GLAZING CONC. FTG. & FDN. - SEE STRUCT. WOOD-LOOK METAL SOFFIT PANELS PIN-MTD. S.S. LETTERS W/ INTERNALLY LIT LOGO E.9 4 A3.4 J.32 A8.1 3 A8.1 4 A8.1 AL-A AL-A AL-A AL-A AL-A AL-A AL-A AL-A AL-D AL-G AL-H AL-A AL-H AL-A 2 A3.4 1 A3.4 AL-N 140'-2 1/2" AL-N2 AL-N2AL-N2 PRE-FIN. SHT. MTL. D.S.; COLOR TO MATCH STONE COLOR D.S. FIRST FLOOR 100'-0" FIRST FLOOR 100'-0" SECOND FLOOR 115'-0" SECOND FLOOR 115'-0" ABCDEFHKGJD.8 AAL 2 A7.1 9'-4 1/2"5'-7 1/2"13'-6"10'-8 3/4"139'-2 3/4" 128'-6" 109'-4 1/2"12'-3"2'-9"19'-1"4'-6"1'-7 1/2"138'-7" 134'-1" 112'-3" FULL-DEPTH STONE VENEER VERTICAL METAL PANEL SYSTEM WITH CONCEALED FASTENERS HORIZONTAL MTL. PANEL SYSTEM W/ CONCEALED FASTENERS CONTINUOUS CAST STONE BAND METAL TRIM BLACK ANOD. ALUM STOREFRONT SYSTEM W/ 1" INSUL. GLAZING PRE-FIN. SHT. MTL. FASCIA PRE-FIN. SHT. METAL FASCIA CONC. FTG. & FDN. - SEE STRUCT. CUSTOM PERFORATED PRE- FIN. MTL. PANELS ON GALV. STL. SUBSTRUCTURE ROOF MEMBRANE ON TAPERED INSUL. ON CONC. DECK E.9 4 A3.4 8'-0" H. ORNAMENTAL FENCE - SEE CIVIL FOR EXTENTS ROOF PAVERS ON ROOF MEMBRANE OVER COVER BOARD ON 1 1/2" MTL. DECKING GALV. & PTD. STL. GUARDRAIL PRE-FIN. SHT. MTL. GUTTER AND D.S. PRE-FIN. SHT. MTL. GUTTER AND D.S. J.3 AL-LAL-LAL-LAL-LAL-L 2 A3.41 A3.4 AL-LAL-LAL-L 5 A8.3 140'-2 1/2" 1/4" 12" AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q AL-Q HORIZ. METAL PANEL MFG.: TAYLOR METAL OR EQ. PRODUCT: EL-37 COLOR: DARK BRONZE VERT. METAL PANEL MFG.: TAYLOR METAL OR EQ. PRODUCT: ELV-55 COLOR: DARK BRONZE PEMB WALL PANEL MFG.: VARCO PRUDEN OR EQ. PRODUCT: PANEL RIB COLOR: COOL ZINC GRAY METAL SOFFIT PANEL MFG.: SEE SPECS NOTE: PROVIDE VENTED PANELS FOR VENT. FULL DEPTH STONE VENEER MFG.: SEE SPEC. ACM PRODUCT: DRY ROUTE AND RETURN COLOR: DARK BRONZE INSULATED GLASS UNITS - 1 MFG.: SEE SPEC. INSULATED GLASS UNITS - 2 MFG.: BYDESIGN SOLAR GARD OR EQ. NOTE: IGU-1 w/ MODERN BIRD STRTIKE DOT FILM APPLIED TO EXT. SIDE EXTERIOR MATERIAL LEGEND INSULATED SPANDREL GLASS UNITS NOTE: MATCH IG-1 COLOR ODA Studio 2464 West Port Plaza Dr., Suite 100 St. Louis, MO 63146 314-909-1905 Corporate License No.: SSC Engineering, Inc. 18207 Edison Ave. St. Louis, MO 63005 636-530-7770 Corporate License No.: Mitchell and Hugeback Architects, Inc. D.B.A. M+H Architects 12747 Olive Blvd., Suite 150 St. Louis, MO 63141 314-878-3500 www.mha.us.com CONSULTANT: REVISION: Sheet Issue Date: Job Number: Drawn By: Checked By: Drawing Title: PROGRESS PRINT NOT FOR CONSTRUCTION Copyright © 2025 by Mitchell and Hugeback Architects, Inc. ARCHITECT: xxxxx xxxxx 2/13/2025 3:43:01 PMDAKOTA ELECTRICASSOCIATION HQ01.23.2024 23096.10 HD, JK, MI, NW JJB, JB, MD ELEVATIONS - OFFICE A3.1 225 ST. W.LAKEVILLE, DAKOTA COUNTY, MNDESIGN DEVELOPMENT 1/8" = 1'-0"2 EAST ELEVATION 1/8" = 1'-0"4 WEST ELEVATION 1/8" = 1'-0"3 SOUTH ELEVATION 1/8" = 1'-0"1 NORTH ELEVATION SCHEMATIC DESIGN 10.31.2024 DESIGN DEVELOPMENT 02.13.2025 Page 184 of 255 Date: 4/21/2025 Joint Powers Agreement with Dakota County for CSAH 70 Intersection Improvements with Lakeville 35 Logistics Center North Addition Proposed Action Staff recommends adoption of the following motion: Move to approve a Joint Powers Agreement with Dakota County for County State Aid Highway 70 Intersection Improvements with Lakeville 35 Logistics Center North Addition, City Project 25-17. Overview The City of Lakeville and Dakota County are partnering to complete highway improvements along County State Aid Highway (CSAH) 70 (Juniper Way), approximately one-half mile southeast of CSAH 5 (Kenrick Avenue). At its February 3, 2025, meeting, the City Council approved a final plat for the development of Lakeville 35 Logistics Center North Addition. The County determined during the Lakeville 35 Logistics Center North Addition plat review that an extension north of the existing "T" intersection at CSAH 70 and 215th Street and into the proposed development was an unsuitable access location due to safety concerns and sightline deficiencies. The County and Developer coordinated a new full-access location at the northwest corner of the plat. The highway improvements will be completed in conjunction with construction of the Lakeville 35 Logistics Center North Addition plat. The Joint Powers Agreement establishes City and County project responsibilities and cost participation. The Dakota County 2040 Transportation Plan (July 2021) includes cost- participation provisions through their access permitting process, whereas the City will reimburse the Developer the County's cost-share. There is no cost to the City. Supporting Information 1. 2025.04.21 Joint Powers Agreement (Dakota County Contract 22758) Financial Impact: $0 Budgeted: No Source: N/A Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Zach Johnson, City Engineer Page 185 of 255 Dakota County Contract #DCA22758 JOINT POWERS AGREEMENT FOR PRELIMINARY ENGINEERING, FINAL DESIGN ENGINEERING, CONSTRUCTION, MAINTENANCE, AND COST PARTICIPATION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR DAKOTA COUNTY PROJECT NO. 70-27 CITY PROJECT NO. 25-17 SYNOPSIS: Dakota County and the City of Lakeville agree to construct a new full-access intersection along County State Aid Highway (CSAH) 70 approximately 2300-feet southeast of CSAH 5 (Kenrick Avenue). The County will participate up to 85 percent of one half (42.5 percent) of the costs for the opposing center left turn lanes constructed with the new full- access intersection. The construction of the intersection will occur in conjunction with the Lakeville 35 Logistics Center North Addition development. Page 186 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 2 THIS JOINT POWERS AGREEMENT (“Agreement”), is made and entered into by and between the County of Dakota ("County"), a political subdivision of the State of Minnesota, and the City of Lakeville ("City"), a municipal corporation existing under the laws of the State of Minnesota, hereafter collectively referred to as “Parties”, and individually as “Party”, and witnesses the following: WHEREAS, under Minnesota Statutes sections 162.17, subd. 1 and 471.59, subd. 1, two governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, to provide a safe and efficient transportation system, the County and the City are proceeding with County Project 70-27 and City Project 25-17; and WHEREAS, County Project 70-27 is the construction of a new full-access intersection on County State Aid Highway (CSAH) 70 approximately 2300-feet southeast of CSAH 5 (Kenrick Avenue) that will include opposing center left turn lanes and a westbound right turn lane (the “Project”); and WHEREAS, the City desires to construct the intersection improvement in 2025 in conjunction with the Lakeville 35 Logistics Center North Addition developer-installed public improvements in anticipation of County reimbursement per policies included in the current adopted Dakota County 2040 Transportation Plan (dated July 2021); and WHEREAS, the current adopted Dakota County 2040 Transportation Plan (dated July 2021) includes Cost Share Policy F.19 Left Turn Lane/Access Permit Process; and WHEREAS, CSAH 70 was reconstructed in 2021 to modernize the high-speed rural two-lane roadway to a high-speed, four-lane, divided county roadway with principal arterial classification; and Page 187 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 3 WHEREAS, the existing T-intersection of CSAH 70 and 215th Street (local roadway) was improved but did not contemplate an extension of 215th Street to the north based on the City’s comprehensive planning; and WHEREAS, since the CSAH 70 reconstruction, development has taken interest in vacant land adjacent to CSAH 70 and the City’s future extension of 215th Street; and WHEREAS, the City determined to eliminate the future 215th Street extension from their comprehensive plan and is proceeding with intentions to relocate the future roadway network to the west at the location of the new full-access intersection proposed with CP 70-27; and WHEREAS, the existing location of the intersection of CSAH 70 and 215th Street is located on a high-speed horizontal curve and does not present a safe location to extend a northern street connection to as the sight lines create a hazard for public safety; and WHEREAS, City and County staff mutually agreed that relocating the public intersection west, to the location of the proposed full-access, is in the best interest of public safety; and WHEREAS, County Board authorized the cost participation in the project with Resolution No. 25-185 (April 8, 2025); and WHEREAS, to more efficiently deliver the Project, the County and the City mutually desire to partner with one another in exercising their joint powers to cost participate in the developer- installed public improvements project and ongoing maintenance; and WHEREAS, the County and City have included the Project in their Capital Improvement Programs and will jointly participate in the costs of said developer-led new full access intersection construction and maintenance, per Cost Share Policy F.19 Left Turn Lane/Access Permit Process within the current adopted Dakota County 2040 Transportation Plan (July 2021). Page 188 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 4 NOW, THEREFORE, it is agreed the County and City will share Project responsibilities as detailed in this Agreement and, in accordance with the County’s adopted cost share policy, jointly participate in Project costs as set forth herein. The above recitals are incorporated by reference and are made a part hereof as if fully set forth below. 1. Project Administration. The City shall be the lead agency for design, right-of-way acquisition, construction, construction administration, and maintenance of the Project. Subject to the requirements below, the County and the City shall each retain final decision-making authority within their respective jurisdictions. 2. Preliminary Engineering. “Preliminary “Engineering” shall be defined as engineering work completed through preliminary layouts, which includes, but is not limited to: a. Surveying and mapping. b. Engineering studies and reports c. Public involvement process d. Environmental reports e. Geotechnical information f. Drainage designs g. Traffic evaluation of various alternatives h. Preliminary layouts (30% Plans) 3. Engineering. Engineering costs shall include the cost of preparing preliminary/final designs, plans, specifications and proposals, surveying, mapping, consultant engineering, right-of-way mapping, construction engineering, construction management, construction inspection and all related materials testing, including the cost of County and City staff time, as well as the cost of facilitating public and/or third- party agency involvement. Page 189 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 5 4. Plans, Specifications and Award of Contract. The City will prepare plans and specifications consistent with County and City design standards, State-Aid design standards and MnDOT standards and specifications. The Parties’ mutual concurrence with the plans and specifications is required prior to advertising for bids. The lead agency may award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. If a bid is not awarded, this Agreement shall terminate for the specific project that is not awarded, and all costs incurred as of the date of termination shall be apportioned in accordance with the terms of this Agreement. The contract construction shall be performed in accordance with approved plans, specifications and special provisions which are made a part hereof by reference with the same force and effect as though fully set forth herein. 5. Right-of-Way. As part of the Lakeville 35 Logistics Center North Addition plat approval, any right-of-way dedication from the development property necessary for the Project was established. No additional right-of-way acquisition is anticipated to complete the Project. If any easements are necessary for completion during construction, the City, as the lead agency, will undertake all actions necessary to acquire, including but not limited to, temporary highway right-of-way, wetland damage mitigation and banking, drainage and ponding, and water pollution control best management practices for the Project. The costs of acquiring any necessary right-of-way for the Project shall be shared in accordance with the current adopted Dakota County Transportation Plan (July 2021) and Cost Share Policy F.3 Cost Participation - Right-of-Way. 6. Construction. Construction costs shall include all highway and roadway construction items, including removals; mobilization and traffic control, temporary widening or other measures if required as part of traffic control or project staging; mitigation as required by state and federal permits including accessibility requirements; replacement or restoration of fences, landscaping and driveways when affected by construction; replacement or adjustment of sanitary sewer, water and storm sewer systems, if required due to construction; wetland mitigation and banking; and all other construction aspects outlined in the plan except for elements as called out under this Agreement or County policies included in the current adopted Dakota County Transportation (July 2021). Page 190 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 6 7. Construction Standards. All construction, including traffic control, shall be accomplished in accordance with applicable State Aid, County and City standards, specifications, and policies to the satisfaction of the County and City. The County and City reserves the right to inspect construction materials and methods as needed. 8. Municipal Construction Items. The City may elect to perform concurrent work outside what is necessary to complete the Project, such as new utility installation, utility servicing, improving adjacent streets and access modifications not required by the project. The City shall be responsible for 100% of costs, including design. 9. Cost Share. After application of all applicable cost sharing provisions of this Agreement and the current adopted Dakota County 2040 Transportation Plan (July 2021) Appendix A Cost Share Polices F.1 through F.19, the County will participate in the Project as shown in the Opinion of Cost Participation (Attachment A) that was provided by the consultant for the Lakeville 35 Logistics Center North Addition development and as defined below after deducting federal and state cost participation amounts. It is understood that the Opinion of Cost Participation reflects an estimated cost share at the time of Agreement execution. Final costs will be based on actuals at the time of construction. County Board authorized County Project 70-27 to be eligible to apply Cost Share Policy F.19 with Resolution No. 25-185 (April 8, 2025). Cost Policy F.19 states: In cities over 5,000 in population, the county will participate up to 85 percent of one half (42.5 percent) of the engineering, right-of-way and construction costs for left turn lanes required by the county through the access permitting process on high speed, two-lane, undivided county highways to accommodate a new access across from an existing access that does not have an existing left turn or bypass lane. For locations in cities under 5,000 in population or townships, the county may participate up to 50 percent of the engineering, right-of-way and construction costs. The opinion of cost reflected in Attachment A shows a Dakota County cost participation of $391,526 for CP 70-27. This represents a 42.5% cost share for the left turn lanes engineering and construction. Page 191 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 7 10. Project Cost Updates. The lead agency must provide updated cost estimates showing the County and City shares of Project costs annually at the time of Capital Improvement Program development. Updated cost estimates will also be provided by the lead agency at the following times: · during construction if total contract changes exceed $100,000; · once per year following the construction season until the Project is complete. Project cost estimate updates include actual and estimated costs for Engineering Costs, right-of-way acquisition, utility relocation, construction, and administration. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective council or board regarding Project costs estimates. 11. Payment. The City shall administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as Project work progresses and when certified by the County Engineer. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement upon receipt or within a maximum of 35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any outstanding amount will be made following good faith negotiation and documentation of the actual costs incurred in carrying out the work. 12. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect any of the Project’s cost participation must be approved by the authorized representative of each party prior to execution of work. The City’s appointed representative is Zach Johnson, City Engineer, and the County’s appointed representative is Jake Chapek, Assistant County Engineer, or their successors. Both Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. Page 192 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 8 13. Amendments. Any amendments to this Agreement will be effective only after approval by each governing body and execution of a written amendment document by duly authorized officials of each body. 14. Effective Dates for Design and Construction of Project. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2026. 15. Final Acceptance. Final completion of the Project must be approved by both the County and the City. 16. Pavement Maintenance. Upon acceptance of the Project, the City shall be responsible for all pavement maintenance within City-owned right-of-way. The County shall be responsible for all pavement maintenance within County-owned right-of-way unless necessitated by a failure of a City utility system or installation of new City-owned facilities. 17. Pavement Marking and Traffic Signing Maintenance. Pavement markings will be installed as applicable for the operation of the highway and intersections along the Project area as outlined in the plans. The City shall be responsible for all pavement marking and sign maintenance within City right-of-way and the County shall be responsible for all pavement marking and sign maintenance within the County right- of-way unless necessitated by installation of new City facilities. 18. Drainage Area and Stormwater or Drainage Facilities Maintenance. Upon final acceptance of the Project, maintenance of any drainage areas and any stormwater or drainage facilities shall be provided in accordance with the current adopted Maintenance Agreement for Storm Sewer Systems (Dakota County Contract No. C0025412). Page 193 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 9 19. Sidewalks and Trails. Upon final acceptance of the Project, maintenance of sidewalks and trails within County right-of-way shall be provided in accordance with the current adopted Dakota County 2040 Transportation Plan (July 2021). The County shall be responsible for the costs of trail resurfacing or reconstruction in accordance with County policies included in the current adopted Dakota County 2040 Transportation Plan (July 2021). 20. Subsequent Excavation. After completion of the Project, and after expiration of the warranty period regarding repair, if excavation within the County right-of-way is necessary to repair or install water, sanitary sewer, or other City utilities, the City shall apply for a permit from the County and shall be responsible to restore the excavated area and road surface to substantially the condition at the time of disturbance. If the City fails to have the highway properly restored, the County Engineer may have the work done and the City shall pay for the work within 35 days following receipt of a written claim by the County. 21. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules, and contract administration procedures unless amended by the contract specifications. 22. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement for which the City is responsible, including future operation and maintenance of facilities owned by the City and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this Agreement recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 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 Page 194 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 10 from the individual parties. The County shall include the City as additional insured in the contract documents. 23. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City, for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of the County’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the City’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 24. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to this Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. 25. Integration and Continuing Effect. The entire and integrated agreement of the Parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the City and the County regarding the Project; whether written or oral. All agreements for future maintenance or cost responsibilities shall survive and continue in full force and effect in accordance with the current adopted Dakota County 2040 Transportation Plan (July 2021) after completion of the construction provided for in this Agreement. Page 195 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 11 26. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: COUNTY OF DAKOTA Erin Laberee, Dakota County Engineer (or successor) 14955 Galaxie Ave. Apple Valley, MN 55124 Office: (952) 891-7100 Erin.Laberee@co.dakota.mn.us CITY OF LAKEVILLE Zach Johnson City Engineer (or successor) 20195 Holyoke Avenue Office: 952-985-4500 zjohnson@lakevillemn.gov All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Either party may change its address by written notice to the other party. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] Page 196 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 12 IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE RECOMMENDED FOR APPROVAL By City Engineer Mayor Date (SEAL) By City Clerk Date Page 197 of 255 Dakota County Contract #22758 DCP 70-27; CP 25-17 April 21, 2025 Page | 13 COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: __________________________ By: __ County Engineer Physical Development Director Date: APPROVED AS TO FORM: Assistant County Attorney Date COUNTY BOARD RESOLUTION KS-_____________ No. 25-185____ Date: 4/8/2025________ Page 198 of 255 90% ENGINEER ESTIMATE County Road 70 Lakeville, MN LIKEWISE PARTNERS PARTICIPATION (66%) $764,218 DAKOTA COUNTY PARTICIPATION (34%) $391,526 ESTIMATED TOTAL PROJECT COST $1,155,744 DESIGN ENGINEERING $84,500 CONSTRUCTION OBSERVATION & TESTING (8%)$68,560 CONSTRUCTION ADMIN, INSURANCE, ETC. (7%)$59,990 CONTINGENCIES (10%)$85,699 ESTIMATED TOTAL CONSTRUCTION COST: $856,995 LEFT TURN LANE COST:$683,106 RIGHT TURN LANE COST:$173,889 LIKEWISE PARTNERS' CONTRIBUTION 57.5% LT Lane + RT Lane:$566,675 DAKOTA COUNTY'S CONTRIBUTION 42.5% of LT Lane:$290,320 BID NO.ITEM NO. ITEM UNIT TOTAL QUANTITY LEFT TURN LANE RIGHT TURN LANE Additional Mill & Overlay UNIT PRICE LEFT TURN LANE COST RIGHT TURN LANE COST Additional Mill & Overlay Cost TOTAL PROJECT COST 1 2021.501 MOBILIZATION L.S. 1 0.62 0.38 0 $30,000.00 $18,600.00 $11,400.00 $0.00 $30,000.00 2 2104.502 SALVAGE MARKER EACH 2 0 2 0 $50.00 $0.00 $100.00 $0.00 $100.00 3 2104.503 SAWING PAVEMENT(FULL DEPTH) LIN FT 4090 3156 934 0 $3.00 $9,468.30 $2,801.70 $0.00 $12,270.00 4 2104.503 REMOVE PIPE CULVERTS LIN FT 66 0 66 0 $16.00 $0.00 $1,056.00 $0.00 $1,056.00 5 2104.503 REMOVE SEWER PIPE (STORM) LIN FT 68 68 0 0 $18.00 $1,224.00 $0.00 $0.00 $1,224.00 6 2104.503 REMOVE CURB AND GUTTER LIN FT 2274 2124 150 0 $5.00 $10,620.00 $750.00 $0.00 $11,370.00 7 2104.504 REMOVE BITUMINOUS PAVEMENT SQ YD 1598 1189 410 0 $10.00 $11,886.67 $4,095.56 $0.00 $15,982.22 8 2104.518 REMOVE CONCRETE WALK SQ FT 4138 3888 250 0 $2.00 $7,776.00 $500.00 $0.00 $8,276.00 9 2106.507 EXCAVATION - COMMON CU YD 4984 4105 879 0 $9.00 $36,947.08 $7,908.33 $0.00 $44,855.42 10 2106.507 SELECT GRANULAR EMBANKMENT (CV) CU YD 3292 2683 609 0 $15.00 $40,237.78 $9,142.22 $0.00 $49,380.00 11 2118.507 AGGREGATE SURFACING (CV) CLASS 2 SQ YD 337 234 103 0 $73.00 $17,106.33 $7,527.11 $0.00 $24,633.44 12 2118.507 AGGREGATE BASE CLASS 5 CU YD 967 755 212 0 $55.00 $41,522.00 $11,646.42 $0.00 $53,168.42 13 2232.504 MILL BITUMINOUS SURFACE (2.0") SQ YD 3908 730 173 3005 $3.00 $2,188.67 $520.33 $9,014.67 $11,723.67 14 2360.509 TYPE SP 9.5 WEARING COURSE MIX (2;B) SQ YD 18 14 4 0 $120.00 $1,706.40 $453.60 $0.00 $2,160.00 15 2360.509 TYPE SP 12.5 NON WEAR COURSE MIX (4;B) TON 676 584 92 0 $100.00 $58,434.44 $9,165.56 $0.00 $67,600.00 16 2360.509 TYPE SP 12.5 WEAR COURSE MIX (4;E) TON 1344 867 137 340 $105.00 $90,984.25 $14,435.75 $35,700.00 $141,120.00 17 2506.602 INSTALL MANHOLE (48") EACH 1 1 0 0 $5,000.00 $3,950.00 $1,050.00 $0.00 $5,000.00 18 2506.602 INLET STRUCTURE EACH 6 6 0 0 $3,000.00 $18,000.00 $0.00 $0.00 $18,000.00 19 2503.503 15" RC PIPE APRON EACH 1 1 0 0 $2,400.00 $2,400.00 $0.00 $0.00 $2,400.00 20 2503.503 21" RC PIPE APRON EACH 2 0 2 0 $2,800.00 $0.00 $5,600.00 $0.00 $5,600.00 21 2503.503 21" RC PIPE CULVERT LIN FT 85 0 85 0 $101.00 $0.00 $8,585.00 $0.00 $8,585.00 22 2503.503 15" RC PIPE SEWER CLASS III LIN FT 844 667 177 0 $80.00 $53,340.80 $14,179.20 $0.00 $67,520.00 23 2521.518 4" CONCRETE WALK SQ FT 5500 5500 0 0 $8.00 $44,000.00 $0.00 $0.00 $44,000.00 24 2521.602 CONCRETE CURB RAMP WALK SQ FT 315 0 315 0 $16.00 $0.00 $5,040.00 $0.00 $5,040.00 25 2531.503 CONCRETE CURB AND GUTTER DESIGN B418 LIN FT 2159 2134 25 0 $29.00 $61,886.00 $725.00 $0.00 $62,611.00 26 2563.601 TRAFFIC CONTROL LS 1 0.79 0.21 0 $35,000.00 $27,650.00 $7,350.00 $0.00 $35,000.00 27 2564.502 INSTALL MARKER EACH 2 0 2 0 $150.00 $0.00 $300.00 $0.00 $300.00 28 2564.502 INSTALL SIGN TYPE C EACH 11 10 1 0 $250.00 $2,500.00 $250.00 $0.00 $2,750.00 29 2573.502 STORM DRAIN INLET PROTECTION EACH 5 5 0 0 $200.00 $1,000.00 $0.00 $0.00 $1,000.00 30 2573.503 SILT FENCE; TYPE SD LIN FT 943 943 0 0 $43.00 $40,549.00 $0.00 $0.00 $40,549.00 31 2573.503 SILT FENCE; TYPE MS LIN FT 39 39 0 0 $3.00 $117.00 $0.00 $0.00 $117.00 32 2573.503 SEDIMENT CONTROL LOG TYPE STRAW LIN FT 310 310 0 0 $4.00 $1,240.00 $0.00 $0.00 $1,240.00 33 2580.618 6" REMOVABLE PREFORM PAVEMENT MARKING TAPE WR LIN FT 12173 9617 2556 0 $2.00 $19,233.34 $5,112.66 $0.00 $24,346.00 34 2582.503 6" SOLID LINE MULTI-COMPONENT GROUND IN (WR) LIN FT 2121 2121 0 0 $2.00 $4,242.00 $0.00 $0.00 $4,242.00 35 2582.503 6" SOLID LINE PREFORM TAPE GROUND IN (WR) LIN FT 889 589 300 0 $8.25 $4,859.25 $2,475.00 $0.00 $7,334.25 36 2582.503 8" SOLID LINE PREFORM TAPE GROUND IN (WR) LIN FT 1586 1586 0 0 $6.00 $9,516.00 $0.00 $0.00 $9,516.00 37 2582.503 24" SOLID LINE PREFORM TAPE GROUND IN (WR) LIN FT 70 70 0 0 $15.00 $1,050.00 $0.00 $0.00 $1,050.00 38 2582.503 6" BROKEN LINE PAINT GR IN (WR) LIN FT 1531 1531 0 0 $1.50 $2,296.50 $0.00 $0.00 $2,296.50 39 2582.503 PAVT MSSG MULTI COMP GR IN (WR) SQ FT 90 60 30 0 $25.00 $1,500.00 $750.00 $0.00 $2,250.00 40 2011.601 CONSTRUCTION SURVEYING LS 1 0.62 0.38 0 15399 $9,547.38 $5,851.62 $0.00 $15,399.00 41 2016.601 CONTRACTOR TESTING LS 1 0.62 0.38 0 15930 $9,876.60 $6,053.40 $0.00 $15,930.00 $667,455.79 $144,824.46 $44,714.67 $856,994.92 Page 1 of 1 Attachment A Page 199 of 255 Date: 4/21/2025 Joint Powers Agreement with Dakota County for Pilot Knob Road and 170th Street Traffic Signal System Improvements Proposed Action Staff recommends adoption of the following motion: Move to approve a Joint Powers Agreement with Dakota County for Traffic Signal System Improvements at County State Aid Highway 31 (Pilot Knob Road) and 170th Street, City Project 25-16. Overview The City of Lakeville and Dakota County are partnering to complete traffic signal system improvements at the intersection of County State Aid Highway (CSAH) 31 (Pilot Knob Road) and 170th Street to promote a safe and efficient transportation system. The existing traffic signal system was installed in 1997. New traffic signal system components and wiring are proposed to address increasing traffic volumes and allow for protected left turns along the 170th Street eastbound/westbound approaches to modernize and upgrade the system to current industry standards. The project will improve vehicle mobility and intersection operations to enhance pedestrian/bicyclist crossing safety. Construction is programmed for 2025. The Joint Powers Agreement establishes City and County project responsibilities and cost participation. The County is the lead agency for design, construction and construction administration of the project. The City's estimated cost is $12,000 and will be financed by the Pavement Management Fund. Supporting Information 1. 2025.04.21 Joint Powers Agreement (Dakota County Contract 22575) Financial Impact: $12,000 Budgeted: No Source: Pavement Management Fund Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Zach Johnson, City Engineer Page 200 of 255 Dakota County Contract #DCA22575 Dakota County Project No. 31-120; City Project No. 25-16 April 21, 2025 JOINT POWERS AGREEMENT FOR ENGINEERING, CONSTRUCTION, CONSTRUCTION ADMINISTRATION, MAINTENANCE, OPERATION, AND COST PARTICIPATION BETWEEN THE COUNTY OF DAKOTA AND THE CITY OF LAKEVILLE FOR DAKOTA COUNTY PROJECT NO. 31-120 CITY PROJECT NO. 25-16 SYNOPSIS: Dakota County Transportation Department and the City of Lakeville agree to modify the existing traffic signal system at the intersection of County State Aid Highway (CSAH) 31(Pilot Knob Road) and 170th Street to allow for bimodal flashing yellow arrow signals on the 170th Street approaches. Page 201 of 255 Dakota County Contract #DCA22575 Dakota County Project No. 31-120; City Project No. 25-16 April 21, 2025 2 THIS JOINT POWERS AGREEMENT (“Agreement”), is made and entered into by and between the County of Dakota ("County"), a political subdivision of the State of Minnesota, and the City of Lakeville ("City"), a municipal corporation existing under the laws of the State of Minnesota, hereafter collectively referred to as “Parties”, and individually as “Party”, and witnesses the following: WHEREAS, under Minnesota Statutes Sections 162.17, Subd. 1 and 471.59, Subd. 1, two governmental units may enter into an agreement to cooperatively exercise any power common to the contracting parties, and one of the participating governmental units may exercise one of its powers on behalf of the other governmental units; and WHEREAS, to provide a safe and efficient transportation system, the County and the City are proceeding with Dakota County Project (DCP) 31-120 to modify the traffic signal system at the intersection of County State Aid Highway (CSAH) 31 (Pilot Knob Road) and 170th Street in the City of Lakeville, Dakota County (“Project”); and WHEREAS, by Resolution No. 24-412 (August 13, 2024), the County Board authorized the Physical Development Director to execute a joint powers agreement with the City for the Project; and WHEREAS, the County and City have included these respective improvements in their Capital Improvement Programs and will jointly participate as further defined within this Agreement. NOW, THEREFORE, it is agreed that the County and City will share Project responsibilities as detailed in this Agreement and, in accordance with the County’s adopted Cost Sharing Policies within the Dakota County 2040 Transportation Plan (July 2021), jointly participate in Project costs as set forth herein. The above recitals are incorporated by reference and are made a part hereof as if fully set forth below. 1. Project Administration. The County is the lead agency for design, construction, construction administration, and inspection of the Project. Subject to the requirements below, the County and City shall each retain final decision-making authority within their respective jurisdictions. 2. Engineering. Design engineering including all aspects of the Project (public involvement, agency involvement, preliminary/final design etc.), surveying, mapping, construction engineering, construction management, construction inspection and all related materials testing, including the cost of County and City staff time for these purposes, shall be split based on the County’s and City’s share of the final construction costs. Page 202 of 255 Dakota County Contract #DCA22575 Dakota County Project No. 31-120; City Project No. 25-16 April 21, 2025 3 3. Construction. The costs associated with modifying the existing traffic signal system shall be shared in the amount of fifty percent (50%) by the County and fifty percent (50%) by the City. Cost sharing includes County-furnished items, and all signal revision construction items outlined in the plans and specifications except for elements as called out under this agreement or the current Dakota County Transportation Plan. 4. Plans, Specifications and Award of Contract. The County shall prepare the complete plans, specifications, and contract documents for the Project consistent with State Aid design standards and the Dakota County 2040 Transportation Plan (July 2021). The County is the lead agency for bidding and awarding the construction contract. The lead agency may award the contract for construction to the lowest responsive and responsible bidder in accordance with state law. If a bid is not awarded, this Agreement shall terminate for the specific project that is not awarded, and all costs incurred as of the date of termination shall be apportioned in accordance with the terms of this Agreement. The contract construction shall be performed in accordance with approved plans, specifications and special provisions which are made a part hereof by reference with the same force and effect as though fully set forth herein. 5. Construction Standards. All construction, including traffic control, shall be accomplished in accordance with applicable State Aid, County and City standards, specifications, and policies to the satisfaction of the County and City. The County and City reserves the right to inspect construction materials and methods as needed. 6. City Utilities. Except as stated in the above sections of this Agreement, the City shall be responsible for the maintenance of all sanitary sewer, watermains, and appurtenant facilities after completion of the Project. 7. Project Cost Updates. The lead agency must provide updated cost estimates showing the County and City shares of Project costs. Updated cost estimates will be provided by the lead agency at the following times: • prior to advertising a construction contract; • after bid opening (prior to contract award); • during construction if total contract changes exceed $25,000; • once per year following the construction season until the Project is complete. Project cost estimate updates include actual and estimated costs for engineering, right-of-way acquisition, utility relocation, construction, and administration. The Parties acknowledge that Project cost estimates are subject to numerous variables causing the estimates to be subject to change and the updates are provided for informational purposes in good faith. Each agency is responsible for informing their respective council or board regarding Project cost estimates. Page 203 of 255 Dakota County Contract #DCA22575 Dakota County Project No. 31-120; City Project No. 25-16 April 21, 2025 4 8. Payment. The County shall administer the contract and act as the paying agent for all payments to the Contractor. Payments to the Contractor will be made as Project work progresses and when certified by the County Engineer. The County will invoice the City for the City share of Project costs. Upon presentation of an itemized claim by one agency to the other, the receiving agency shall reimburse the invoicing agency for its share of the costs incurred under this Agreement upon receipt or within a maximum of 35 days from the presentation of the claim. If any portion of an itemized claim is questioned by the receiving agency, the remainder of the claim shall be promptly paid, and accompanied by a written explanation of the amounts in question. Payment of any outstanding amount will be made following good faith negotiation and documentation of the actual costs incurred in carrying out the work. The City share of Project costs for CP 31-120 is estimated to be $12,000, as of January 2025. 9. Change Orders and Supplemental Agreements. Any change orders or supplemental agreements that affect any of the Project’s cost participation must be approved by the authorized representative of each Party prior to execution of work. The City’s appointed representative is Zach Johnson, City Engineer, and the County’s appointed representative is Todd Howard, Assistant County Engineer, or their successors. Both Parties shall endeavor to provide timely approval of change orders and supplemental agreements so as not to delay construction operations. 10. Amendments. Any amendments to this Agreement will be effective only after approval by each governing body and execution of a written amendment document by duly authorized officials of each body. 11. Effective Dates for Design and Construction of Project. This Agreement will be effective upon execution by duly authorized officials of each governing body and shall continue in effect until all work to be carried out in accordance with this Agreement has been completed. Absent an amendment, however, in no event will this Agreement continue in effect after December 31, 2025. 12. Final Acceptance. Final acceptance of the Project must be approved by all parties to the Agreement. 13. Geometry and Operation. The geometric configuration of the CSAH 31 and 170th intersection, including lane alignments and traffic assignments for all approaches, traffic signing, signal phasing, and traffic operations will be determined by the County in cooperation with the City. The City agrees to make no changes to intersection operations through pavement marking, signing, or other construction measures beyond routine maintenance except with the written approval of the County. Page 204 of 255 Dakota County Contract #DCA22575 Dakota County Project No. 31-120; City Project No. 25-16 April 21, 2025 5 14. Rules and Regulations. The County and the City shall abide by Minnesota Department of Transportation standard specifications, rules, and contract administration procedures unless amended by the contract specifications. 15. Indemnification. The County agrees to defend, indemnify, and hold harmless the City against any and all claims, liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the County and/or those of County employees or agents. The City agrees to defend, indemnify, and hold harmless the County against any and all claims liability, loss, damage, or expense arising under the provisions of this Agreement and caused by or resulting from negligent acts or omissions of the City and/or those of City employees or agents. All parties to this Agreement recognize that liability for any claims arising under this Agreement are subject to the provisions of the Minnesota Municipal Tort Claims Law; Minnesota Statutes, Chapter 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. The County shall include the City as additional insured in the contract documents. 16. Employees of Parties. Any and all persons engaged in the work to be performed by the County shall not be considered employees of the City, for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employees while so engaged. Any and all claims made by any third party as a consequence of any act or omission on the part of said employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the City. Any and all persons engaged in the work to be performed by the City shall not be considered employees of the County for any purpose, including Worker’s Compensation, and any and all claims that may or might arise out of said employment context on behalf of said employee while so engaged. Any and all claims made by any third party as a consequence of any act or omissions of the part of the City’s employees while so engaged on any of the work contemplated herein shall not be the obligation or responsibility of the County. 17. Audits. Pursuant to Minnesota Statutes Sec 16 C. 05, Subd. 5, any books, records, documents, and accounting procedures and practices of the County and the City relevant to the Agreement are subject to examination by the County or the City and either the Legislative Auditor or the State Auditor as appropriate. The County and the City agree to maintain these records for a period of six years from the date of performance of all services covered under this Agreement. Dakota County will be financially responsible for the cost of the audit. Page 205 of 255 Dakota County Contract #DCA22575 Dakota County Project No. 31-120; City Project No. 25-16 April 21, 2025 6 18. Integration and Continuing Effect. The entire and integrated agreement of the Parties contained in this Agreement shall supersede all prior negotiations, representations or agreements between the County and the City regarding the design and construction of the Project; whether written or oral. All agreements for future maintenance or cost responsibilities memorialized in existing traffic signal agreements shall survive and continue in full force and effect after completion of the construction provided for in the Agreement together with each party’s indemnification obligations. 19. Authorized Representatives. The authorized representatives for the purpose of the administration of this Agreement are: COUNTY OF DAKOTA CITY OF LAKEVILLE Erin Laberee (or successor) Zach Johnson (or successor) Dakota County Engineer City Engineer 14955 Galaxie Avenue 20195 Holyoke Avenue Apple Valley, MN 55124 Lakeville, MN 55044 (952) 891-7100 (952) 985-4500 erin.laberee@co.dakota.mn.us zjohnson@lakevillemn.gov All notices or communications required or permitted by this Agreement shall be either hand delivered or mailed by certified mail, return receipt requested, to the above addresses. Any party may change its address by written notice to the other parties. Mailed notice shall be deemed complete two business days after the date of mailing. [SIGNATURE PAGE TO FOLLOW] Page 206 of 255 Dakota County Contract #DCA22575 Dakota County Project No. 31-120; City Project No. 25-16 April 21, 2025 IN WITNESS THEREOF, the Parties have caused this Agreement to be executed by their duly authorized officials. CITY OF LAKEVILLE RECOMMENDED FOR APPROVAL: __________________________ By_________________________ City Engineer Mayor (SEAL) By_________________________ City Clerk Date_______________________ Page 207 of 255 Dakota County Contract #DCA22575 Dakota County Project No. 31-120; City Project No. 25-16 April 21, 2025 8 COUNTY OF DAKOTA RECOMMENDED FOR APPROVAL: By __________________________ Physical Development Director County Engineer Date________________ APPROVED AS TO FORM: Assistant County Attorney Date: KS-______________ COUNTY BOARD RESOLUTIONS No. 24-412 Date: August 13, 2024 Page 208 of 255 Date: 4/21/2025 Resolution Adopting Assessments for City Improvement Project 25-02 and Repealing Resolution No. 25-053 Proposed Action Staff recommends adoption of the following motion: Adopt Assessments for City Improvement Project 25-02 and Repealing Resolution No. 25-053 Overview The public hearing for City Improvement Project 25-02 was held on April 7, 2025, and the assessment roll resolution was approved by City Council. The original resolution included the estimated interest rate of 3.88%, as provided by Northland Financial prior to the sale of the 2025A Bonds. This year's bond sale occurred earlier than usual to align with the construction timeline of the FiRST Center, which represented the largest portion of the bond issuance. As a result, the actual interest rate of 3.25% from the bond sale was available and included in the assessment notifications sent to property owners. The only change in the resolution is the effective interest rate going down from 3.88% to 3.25%. Supporting Information 1. Amend Resolution 25-053 for Interest Rate Financial Impact: $0 Budgeted: No Source: Assessments Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 209 of 255 CITY OF LAKEVILLE RESOLUTION NO.______ Resolution Adopting Assessments for City Improvement Project 25-02 And Repealing Resolution No. 25-053 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 at the April 7th 2025 Council meeting; and WHEREAS, the assessment roll interest rate on Resolution No. 25-053 was based on estimated rates prior to the bond sale; and WHEREAS, the actual interest rate of the bond sale was available and provided in the assessment notifications; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Lakeville, Minnesota: 1. Resolution No. 25-053 adopted on April 7th, 2025 is hereby Repealed, and 2. 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. 3. 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 3.25% per annum from the date of the adoption of the original assessment resolution on April 7, 2025. To the first installment shall be added interest on the entire assessment from April 7, 2025 until December 31, 2026. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. 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. Page 210 of 255 5. 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 21st day of April 2025. CITY OF LAKEVILLE By: ________________________________ Luke M. Hellier, Mayor ATTEST: ________________________________ Ann Orlofsky, City Clerk Page 211 of 255 Date: 4/21/2025 Contract Amendment for Ipava Avenue Tree Watering and Maintenance Services Proposed Action Staff recommends adoption of the following motion: Move to approve a contract amendment with Friedges Landscaping to extend the Ipava Avenue Tree Watering and Maintenance Contract for 2025. Overview In the spring of 2023, 104 new trees were planted on Ipava Avenue under a cost reimbursement agreement with CenterPoint Energy. The trees were planted as part of the restoration of the corridor's landscape following the CenterPoint Energy gas line replacement project. Under the cost reimbursement agreement with CenterPoint Energy, three years of tree watering and maintenance services are to be provided to promote tree establishment with all associated costs reimbursed to the City of Lakeville. The agreement began with the tree planting in 2023 and concludes at the end of 2025. The contract for services with Friedges Landscaping, originally approved June 20, 2023, includes the option to renew the contract for two additional years. The City contacted Friedges Landscaping in March regarding renewal and Friedges provided an updated letter of interest and price adjustment as allowed in the contract. Maintenance and watering costs for 2025 were adjusted to $20,988.00, an increase of 10% from 2024 rates. The contract includes 10-20 watering cycles, mulch for all trees, and staking on an as-needed basis. Payments under the contract are on a per-unit basis with the quoted price set as the total cost of watering if all 20 watering cycles are needed. All costs incurred under the contract will be reimbursed by CenterPoint Energy. Staff recommends approval of the contract amendment with Friedges Landscaping. Supporting Information 1. Contract Amendment 2. Signed Letter of Intent 3. Signed Proposal Complete Financial Impact: $20,988.00, (All costs to be reimbursed by CenterPoint Energy) Budgeted: No Source: Forestry, reimbursement Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zachary Jorgensen, City Forester Page 212 of 255 Page 213 of 255 Page 214 of 255 Page 215 of 255 Page 216 of 255 Page 217 of 255 Date: 4/21/2025 Pumpkin Creek Preliminary Plat and Rezoning Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the preliminary plat of Pumpkin Creek, and 2) an ordinance amendment rezoning the property from RS-2 to RS-3 and adopt the findings of fact dated April 21, 2025. Overview Peter Knaeble has submitted a preliminary plat application for a 26 lot single-family subdivision on 20.03 acres. The applicant also submitted a request to rezone the property from RS-2, Single- Family Residential to RS-3, Single-Family Residential. The proposed RS-3 zoning remains consistent with the low-density residential land use classification in the 2040 Comprehensive Plan. The proposed development is generally located east of Kenwood Trail, west of Ipava Avenue, and south of 185th Street. The Planning Commission held a public hearing at their March 20, 2025 meeting. There was public comment from two residents regarding the proposed zoning change and concerns about increased traffic on 185th Street and wetlands and wildlife in the area. The Planning Commission unanimously recommended approval of the preliminary plat and rezoning. The Parks, Recreation, and Natural Resources Committee unanimously recommended approval of the preliminary plat at their March 19, 2025 meeting. Supporting Information 1. Ordinance, Findings, and Prelim Resolution 2. PC and PRNR meeting minutes 3. Planning and Engineering Staff Reports 3-11-25 4. Exhibits A-B - maps 5. Exhibit C - Preliminary Plat 6. Exhibits D-J Civil Plans Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Heather Botten, Senior Planner Page 218 of 255 ORDINANCE NO. _______ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE REZONING PROPERTY FROM RS-2 TO RS-3 IN CONJUNCTION WITH THE PUMPKIN CREEK PLAT THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. Legal Description. The following described property located within the City of Lakeville, Dakota County, Minnesota is hereby rezoned RS-2, Single Family Residential District to RS-3, Single Family Residential District: The East 1/2 of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 114, Range 20, Dakota County, Minnesota. Abstract Property. and The West Half (W 1/2) of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 18, Township 114, Range 20, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. Abstract Property. Section 2. Zoning Map. The Zoning Map of the City of Lakeville, adopted by Section 11- 45-5 of the City Code, shall not be republished to show the aforesaid rezoning, but the Zoning Administrator shall appropriately mark the zoning map on file in the Zoning Administrator’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 3. Effective Date. This ordinance shall be effective upon its passage by the City Council and the recording with Dakota County of the final plat. Page 219 of 255 ADOPTED by the Lakeville City Council this 21st day of April 2025. CITY OF LAKEVILLE BY:_____________________________ Luke M. Hellier, Mayor ATTEST:____________________________ Ann Orlofsky, City Clerk Page 220 of 255 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA PUMPKIN CREEK ZONING MAP AMENDMENT FINDINGS OF FACT AND DECISION On March 20, 2025 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Peter Knaeble for an amendment to the Zoning Map to rezone property from RS-2, Single Family Residential District to RS-3, Single Family Residential District. The Planning Commission conducted a public hearing on 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 City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is guided for Low Density Residential land use in the 2040 Comprehensive Land Use Plan. 2. The subject property is zoned RS-2, Low Density Residential District. Peter Knaeble has applied for an amendment to the Zoning Map to change the zoning of the property from RS- 2, Single Family Residential District to RS-3, Single Family Residential District. 3. The legal description of the property is attached as Exhibit A. 4. Section 11-3-3.E of the City of Lakeville Zoning Ordinance provides that the Planning Commission shall consider possible effects of the proposed amendment. 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 Comprehensive Plan guides the property for low density residential development. The proposed rezoning to RS-3 zoning is consistent with the 2040 Comprehensive Plan. The RS-3 District zoning is also consistent with the zoning of other single-family residential developments in the area. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed single-family homes in the Pumpkin Creek preliminary plat will be compatible with the existing and proposed single-family developments to the north, south, east and west. Page 221 of 255 2 c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed Pumpkin Creek single family residential development will comply with the applicable provisions of the Zoning Ordinance, Subdivision Ordinance, and City Code. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: Pumpkin Creek preliminary plat can be accommodated with the public services available to serve the subject property and will not overburden the City’s service capacity. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The traffic generated by Pumpkin Creek preliminary plat will be within the capacity of the streets that will serve this development. 5. The report dated March 11, 2025 prepared by Heather Botten, Senior Planner is incorporated herein. DECISION The City Council hereby approves the Zoning Map Amendment in the form attached hereto. DATED: April 21, 2025 CITY OF LAKEVILLE BY: ____________________ Luke M. Hellier, Mayor BY: ___________________ Ann Orlofsky, City Clerk Page 222 of 255 3 EXHIBIT A The East 1/2 of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 114, Range 20, Dakota County, Minnesota. Abstract Property. And The West Half (W 1/2) of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 18, Township 114, Range 20, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. Abstract Property Page 223 of 255 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 25-____ RESOLUTION APPROVING THE PRELIMINARY PLAT OF PUMPKIN CREEK WHEREAS, Peter Knaeble has requested approval of the preliminary plat of 26 single family lots to be known as PUMPKIN CREEK; 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 PUMPKIN CREEK preliminary plat is hereby approved subject to the following conditions: 1. Implementation of the recommendations and stipulations listed in the engineering report dated March 11, 2025 and any subsequent correspondence. 2. The Zoning Map amendment shall be effective upon the recording of the Pumpkin Creek final plat. 3. Park dedication shall be satisfied with a cash contribution paid with the final plat. 4. The developer shall construct five-foot wide concrete sidewalks along one side of all streets, except cul-de-sacs, as identified on the preliminary plat plans. 5. Outlots A-C shall be deeded to the City with the final plat. 6. Buffer yard landscaping shall be installed according to the approved landscape plan. A security for the buffer yard landscaping shall be submitted with the final plat. 7. Any existing structures, fences, wells, and septic systems shall be removed with the development of this property. 8. The Developer shall place “Future Street Extension” signs and barricades at the east terminus of Irvine Trail and the west terminus of Street B. Page 224 of 255 2 9. The drainage and utility easement along the east side of Lot 4, Block 1 and Lot 3, Block 5 must shown as 10 feet in width on the final plat, to comply with Section 10-4-4.A of the Subdivision Ordinance. ADOPTED by the Lakeville City Council this 21st day of April, 2025. CITY OF LAKEVILLE By: Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk Page 225 of 255 3 EXHIBIT A 9920 185th St. W The East 1/2 of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 18, Township 114, Range 20, Dakota County, Minnesota. Abstract Property. 9940 185th St. W The West Half (W 1/2) of the West Half (W 1/2) of the Northwest Quarter (NW 1/4) of the Southeast Quarter (SE 1/4) of Section 18, Township 114, Range 20, according to the United States Government Survey thereof and situate in Dakota County, Minnesota. Abstract Property Page 226 of 255 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. 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. The following public comments were received: • Dick Sullivan, 9798 185th St, asked for an explanation of the difference between RS-2 and RS-3 zoning districts. • Josh Wolter, 18462 Ixonia Ave, lives across the street from future development, expressed concerns about increased traffic, as well as concerns with the wetlands, wildlife and nature in the area. Motion was made by Kaluza, seconded by Zimmer to close the public hearing at 6:31 p.m. Voice vote was taken on the motion. Ayes – unanimous Ms. Botten explained the difference between the RS-2 and RS-3 zoning districts, the biggest difference being the minimum lot size. Jon Nelson, Assistant City Engineer, addressed the questions about stormwater runoff. Mr. Nelson stated that all city ordinance requirements are being met for stormwater runoff, including meeting Page 227 of 255 Planning Commission Meeting Minutes, March 20, 2025 Page 2 the rate and runoff controls for the development. Mr. Knaeble stated they are proposing two stormwater retention basins. Mr. Knaeble stated due to the types of soils present infiltration is not feasible. Mr. Knaeble stated the water quality going in to Lake Marion should be as good or better than what is going there currently. Commissioner Zimmer asked if there would be any call for a type of underpass for the deer and wildlife in the area. Mr. Knaeble stated they have not noticed anything that would call for that. Commissioner Swenson asked for clarification on the 185th Street construction. Mr. Knaeble stated they have coordinated the entry drive location to match up with where the crossing is. Mr. Nelson stated it is currently proposed as a full access intersection and Dakota County has jurisdiction over future restrictions to the roadway. Mr. Nelson stated Dakota County will continue to monitor at this intersection and at the corridor as a whole post construction. Chair Majorowicz asked for comments from the Planning Commission. Discussion points included: • Chair Majorowicz asked if there was a traffic study done. Mr. Nelson stated a traffic study was not done, however there was a traffic impact analysis that took place with the project. • Commissioner Zimmer asked if there would be a traffic study done once it is developed. Mr. Nelson stated there would not be a traffic study done for the Pumpkin Creek development. Mr. Nelson stated they would take a look at the traffic counts for 185th Street project once the construction is complete. Ms. Botten made note the plat was reviewed by the plat commission with Dakota County and they recommended approval in October 2024. Ms. Botten stated that was with 29 residential lots with one access point. • Commissioner Swenson commented that the roadway connects all the way through the development to the road to the south. He stated that the City makes an effort with the developments to allow connectivity from one development to another, as well as alternate routes to get out of the development. Motion was made by Einck, seconded by Tinsley to recommend to City Council approval of the Pumpkin Creek preliminary plat and Zoning Map amendment subject to the nine stipulations listed below: 1. Implementation of the recommendations and stipulations listed in the engineering report dated March 11, 2025 and any subsequent correspondence. 2. The Zoning Map amendment shall be effective upon the recording of the Pumpkin Creek final plat. 3. Park dedication shall be satisfied with a cash contribution paid with the final plat. 4. The developer shall construct five-foot wide concrete sidewalks along one side of all streets, except cul-de-sacs, as identified on the preliminary plat plans. 5. Outlots A-C shall be deeded to the City with the final plat. Page 228 of 255 Planning Commission Meeting Minutes, March 20, 2025 Page 3 6. Buffer yard landscaping shall be installed according to the approved landscape plan. A security for the buffer yard landscaping shall be submitted with the final plat. 7. Any existing structures, fences, wells and septic systems shall be removed with the development of this property. 8. The Developer shall place “Future Street Extension” signs and barricades at the east terminus of Irvine Trail and the west terminus of Street B. 9. The drainage and utility easement along the east side of Lot 4, Block 1 and Lot 3, Block 5 must be shown as 10 feet in width on the final plat, to comply with Section 10-4-4.A of the Subdivision Ordinance. Ayes: Majorowicz, Zimmer, Einck, Swenson, Traffas, Tinsley, Kaluza Nays: 0 Respectfully submitted, Dawn Erickson, Recording Secretary Page 229 of 255 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 Haneman 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 230 of 255 Parks, Recreation & Natural Resources committee Meeting Minutes, March 19, 2025 Page | 2 Motion was made by Joubert, seconded by Haneman to recommend to City Council approval of the Pumpkin Creek Preliminary Plat & Rezoning as presented in the March 11 Planning and Engineering reports. Ayes: Unanimous 5. Heritage Center Update | Presentation Active Adults Recreation Program Coordinator, Bridget Samson attended the meeting to provide an update on Heritage Center activities. Membership continues to grow and has reached a record high of 1,606 members. Popular visits include bread, coffee bar, library, fitness programs and pickleball. Groups that saw significant growth in 2024 included pickleball (260), walking (36), ladies’ golf (100), biking (70) and men’s golf (78). Over the year, eighteen new programs and special events were added. The facility underwent a number of upgrades this past year including, the installation of a new sound system, planting of a flower garden and new cameras were installed in the game room and atrium. Facility rentals also increased that resulted in a $9,912 rental fee collection from 2023. A number of new offerings are slated for 2025 including collaborative classes with the Arts Center, pen pal program, Eccentrics for Golfers Workshop, Potluck Pickleball Tournament, Pizza at the Park and in-house calligraphy classes. 6. Staff Report Staff provided an update on the status of the Strategic Planning process that began in February. Heritage Center and Recreation staff met to develop an 18-month implementation plan. A contract with WSB was approved by City Council to plan and design two trailheads as part of the Lake Marion Greenway project. The new trailheads will be located at Ritter Farm Park and downtown Lakeville on Howland Avenue near the Arts Center. The project will include construction of new trails and some trail reclamation, grant funding opportunities are being explored. Staff thanked committee members Lindsay Haneman and Monica Joubert for their service on the committee. Motion was made by Henneberry, seconded by Joubert to adjourn the March 19, 2025 meeting. Ayes: unanimous 6. Adjourn Meeting 6:55 p.m. Page 231 of 255 City of Lakeville Community Development Department 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: Pumpkin Creek Preliminary plat and Zoning Map Amendment Action Deadline: April 8, 2025 BACKGROUND Peter Knaeble has submitted applications for a preliminary plat and Zoning Map amendment to allow the development of 26 single-family residential lots be known as Pumpkin Creek. The area of the preliminary plat includes two metes and bounds described parent parcels consisting of two single-family homes totaling 20.03 acres. The Pumpkin Creek preliminary plat is generally located east of Kenwood Trail (CSAH 50), west of Ipava Ave and south of 185th Street (CSAH 60). The Zoning Map amendment request is to rezone the property from RS-2, Single Family Residential District to RS-3, Single Family Residential District. EXHIBITS A. Aerial Photo Map B. Existing and Proposed Zoning Map C. Preliminary Plat D. Site Plan E. Wetland Impact Plan F. Wetland Buffer Plan G. Grading Plan H. Tree Preservation Plan I. Landscape Plan J. Ghost plat K. Dakota County Plat Commission Letter, dated October 25, 2024 Page 232 of 255 2 PLANNING A NALYSIS ZONING MAP AMENDMENT The Developer requests approval of a rezoning of the subject property from RS-2, Single Family Residential District to RS-3, Single Family Residential District, consistent with the zoning of the single-family neighborhoods to the south of the proposed plat. Exhibit B identifies the property requested to be rezoned from RS-2 to RS-3. The proposed RS-3 District zoning remains consistent with the low-density residential land classification in the 2040 Comprehensive Plan. Findings of Fact in consideration of the Zoning Map amendment request is attached. P RELIMINARY PLAT Existing Conditions. The development site consists of two parcels that included single-family homes and accessory buildings. The homes and accessory buildings are planning to be removed from the property for the development of the parcels. Any and all wells on the property shall be capped and septic systems removed in compliance with code requirements. The properties include large stands of mature trees and wetlands. Consistency with the Comprehensive Plan. The proposed preliminary plat is located in Planning District 4 of the proposed 2040 Comprehensive Plan. Planning District 4 guides the subject property as low-density residential development where city sewer is available as well as restricted development consistent with the wetlands located on the property. MUSA. Pumpkin Creek preliminary plat area is located within the current Metropolitan Urban Service Area (MUSA) and is able to connect to adjacent City sewer and water utilities. Zoning and Adjacent Land Uses. Pumpkin Creek preliminary plat area is currently zoned RS-2. The developer proposes to rezone the property to RS-3, consistent with the single-family neighborhood to the south, while remaining within the low-density residential land use guided in the 2040 Comprehensive Plan. 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 185th Street (CSAH 60) Single Family Homes Low Density Residential RS-2 District South Single Family Homes Low Density Residential RS-3 District East Single Family Homes Low Density Residential RS-2 District West Single-Family Homes Low Density Residential RS-2 District Page 233 of 255 3 Consistency with the Capital Improvement Plan (CIP). City streets, sanitary sewer and water improvements for the area of the plat will be financed and constructed by the developer. The development costs associated with Pumpkin Creek development are not programmed in the 2025 – 2029 CIP. 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 Pumpkin Creek preliminary plat against these criteria finds that it not a premature subdivision. Density/Average Lot Size. The proposed preliminary plat consists of 26 single-family lots on 20.03 acres. This results in a gross density of 1.30 units per acre. Excluding arterial street right-of- way, wetlands, wetland buffers, and stormwater management ponds, the net density is 1.81 units per acre. Single-family lot sizes within Pumpkin Creek preliminary plat range from 11,067 square feet to 24,255 square feet in area. Easements. At the time of final plat submittal, the side drainage and utility easement on the east side of Lot 4, Block 1 and the west side of Lot 3, Block 5 must be 10 feet in width, as required by Section 10-4-4.A of the Subdivision Ordinance. Ghost Plat. A conceptual lot and street layout (ghost plat) sketch was submitted for City staff review for the abutting parcels of Pumpkin Creek. The sketch includes the extension of Irvine Trail to the east and Street B to the west, to Jasmine Way to the east. Lots/Blocks. The following minimum single-family lot size requirements of the RS-3, Single- Family Residential District pertain to Pumpkin Creek preliminary plat: Lot Area (Interior) Lot Area (Corner) Lot Width (Interior) Lot Width (Corner) Lot Depth (Abutting 185th Street) RS-3 11,000 s.f. 12,500 s.f. 85 feet 110 feet 150 feet Setbacks. The following minimum requirements for single-family building setbacks in the RS-3 District pertain to the proposed preliminary plat: Front Yard Side Yard (Interior) Side Yard (Corner) Rear Yard Rear/Side Yard (Buffers) RS-3 30 feet 10 feet 20 feet 30 feet 50 feet (rear) 30 feet (side) Page 234 of 255 4 The proposed house pads shown on the grading, drainage and erosion control plan indicate that side and rear yard setback requirements can be met. All 26 single-family lots have adequate building pad areas that meet setback requirements for principal structures. Outlots. There are three outlots totaling 5.68 acres in the proposed preliminary plat. All three outlots will be deeded to the City with the final plat and the use of the proposed outlots will be as follows: Outlot A: 0.13 acres consisting of wetland and buffers. Outlot B: 0.54 acres consisting of wetland and buffers. Outlot C: 5.01 acres consisting of wetland and buffers and stormwater management basins. Streets. The following is a summary of streets proposed with or adjacent to the Pumpkin Creek preliminary plat. Additional detailed information is outlined in the Engineering Division memorandum dated March 11, 2025. 185th Street (CSAH 60) – Pumpkin Creek is located along the north plat boundary and is classified as a minor arterial in the City’s Comprehensive Transportation Plan. The 1.28 acres of right of way for 185th Street will be dedicated with the final plat. 185th Street will be reconstructed as a four-lane divided urban roadway in 2025. Additional information about this project is in the March 11, 2025 Engineering Division memo. Ixonia Avenue– Pumpkin Creek includes the construction of Ixonia Avenue, a minor collector street that will be extended north from its existing terminus south of the plat boundary in the Preserve development to 185th Street. Ixonia Avenue will be a 40-foot-wide street within an 80- foot-wide right of way and a five-foot-wide concrete sidewalk on one side of the street. Irvine Trail – Development of Pumpkin Creek includes the construction of Irvine Trail, a local street. Irvine Trail will be a residential street constructed within a 60-foot-wide right-of-way and a 32-foot-wide street with a five-foot wide concrete sidewalk along the west side of the street. The Developer must place a “Future Street Extension” sign and barricades at the east end of the street until it is extended in the future. Street B – Development of Pumpkin Creek includes the construction and extension of Street B, a local street. Street B is designed as a 32-foot-wide residential street with a five-foot-wide sidewalk along one side of the street. The roadway will provide future access to Jasmine Way to the west. The Developer must place a “Future Street Extension” sign and barricades at the west end of the street until it is extended in the future. Street A – Development of Pumpkin Creek includes the construction of Street A, a local permanent cul-de-sac roadway. The cul-de-sac street is designed as a 32-foot-wide residential street within a 60-foot right-of-way. All streets meet the minimum width and design requirements of the Subdivision Ordinance. Page 235 of 255 5 Grading, Drainage, Erosion Control, and Utilities. Proposed grading, drainage, erosion control, and utilities for Pumpkin Creek preliminary plat is shown on the grading, drainage and erosion control, and utility plans. The plans are outlined and discussed in the March 11, 2025 engineering report. The Engineering Division recommends approval of the preliminary plat. Tree Preservation. A tree preservation plan was submitted by the developer. The plan identifies 548 significant trees on site and proposes to save 134 trees (25%). Prior to removals the tree protection or silt fence line must be staked and reviewed by City Staff in the field. Mac Cafferty, Environmental Resources Manager, has reviewed the tree preservation plan. His comments are included in the March 11, 2025 engineering report. Wetlands. The wetland delineation identified four wetlands on the site totaling approximately 1.6 acres. Based on the information provided in the report dated September 2, 2024 and a site visit by City staff, the wetland delineation for the area outlined in the report has been determined to be acceptable for use in implementing the Wetland Conservation Act. The information and data have been incorporated into the preliminary plat plans. Mac Cafferty, Environmental Resources Manager, has reviewed the wetland delineation report. His comments regarding wetland preservation and impacts are included in the March 11, 2025 engineering report. Park Dedication. The City’s Parks, Trails, and Open Space Plan does not identify a location for a neighborhood park within this development. The Parks, Recreation and Natural Resources Committee will review the preliminary plat at their March 19, 2025 meeting. Their comments will be forwarded to the Planning Commission at the public hearing. Sidewalks/Trails. The developer will construct five-foot wide concrete sidewalks as required along one side of all streets in the development. Subdivision Monument Sign. A monument sign has not been identified with the preliminary plat. Any future monument sign shall meet Zoning Ordinance requirements. Plat Commission. The Dakota County Plat Commission reviewed and approved the preliminary plat at their October 25, 2024 meeting. The Plat Commission letter is attached as Exhibit K. RECOMMENDATION Community Development Department staff recommends approval of Pumpkin Creek preliminary plat and Zoning Map amendment, subject to the following stipulations: 1. Implementation of the recommendations and stipulations listed in the engineering report dated March 11, 2025 and any subsequent correspondence. 2. The Zoning Map amendment shall be effective upon the recording of the Pumpkin Creek final plat. 3. Park dedication shall be satisfied with a cash contribution paid with the final plat. Page 236 of 255 6 4. The developer shall construct five-foot wide concrete sidewalks along one side of all streets, except cul-de-sacs, as identified on the preliminary plat plans. 5. Outlots A-C shall be deeded to the City with the final plat. 6. Buffer yard landscaping shall be installed according to the approved landscape plan. A security for the buffer yard landscaping shall be submitted with the final plat. 7. Any existing structures, fences, wells, and septic systems shall be removed with the development of this property. 8. The Developer shall place “Future Street Extension” signs and barricades at the east terminus of Irvine Trail and the west terminus of Street B. 9. The drainage and utility easement along the east side of Lot 4, Block 1 and Lot 3, Block 5 must shown as 10 feet in width on the final plat, to comply with Section 10-4-4.A of the Subdivision Ordinance. Findings of Fact for the Zoning Map Amendment are attached for consideration. Page 237 of 255 City of Lakeville Public Works – Engineering Division Memorandum To: Heather Botten, Senior Planner From: Michael Kutz, Civil Engineer McKenzie L. Cafferty, Environmental Resources Manager Joe Masiarchin, Parks and Recreation Director Copy: Zach Johnson, City Engineer Julie Stahl, Finance Director Dave Matthews, Building Official Tina Goodroad, Community Development Director Date: March 11, 2025 Subject: Pumpkin Creek • Preliminary Plat Review • Preliminary Grading and Erosion Control Plan Review • Preliminary Utility Plan Review • Preliminary Tree Preservation Review BBAACCKKGGRROOUUNNDD Peter Knaeble has submitted a preliminary plat named Pumpkin Creek. The proposed subdivision is located south of and adjacent to 185th St W (CSAH 60), north of and adjacent to The Preserve of Lakeville 3rd Addition. The parent parcels consist of two metes and bounds parcels (PID Nos. 220180081012 and 220180081011), zoned RS-2 (Single Density Residential). The Developer has requested an application to re-zone the property to RS-3 (Single Family Residential) with the preliminary plat. The preliminary plat consists of twenty-six (26) single-family lots within five (5) blocks, and three (3) outlots on 20.03 acres. The Developer is dedicating 1.28 acres as 185th Street West right-of-way. The outlots created with the preliminary plat shall have the following uses: Outlot A: Wetland and buffers; to be deeded to the City (0.13 acres) Page 238 of 255 PPUUMMPPKKIINN CCRREEEEKK –– PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1111,, 22002255 PPAAGGEE 22 OOFF 66 Outlot B: Wetland and buffers; to be deeded to the City (0.54 acres) Outlot C: Wetland and buffers, stormwater management basins; to be deed to the City (5.01 acres) The proposed development will be completed by: Developer: Peter Knaeble Engineer/Surveyor: Civil Site Group SSIITTEE CCOONNDDIITTIIOONNSS The Pumpkin Creek site is mostly vacant land containing several homesteads, delineated wetlands, trees and drainageways. An existing building (homestead) and accessory buildings were located on both parent parcels. The site is located within the Lake Marion Stormwater District. The Developer shall remove all existing site encroachments, buildings, septic systems, retaining walls, driveways, fences and abandon existing wells on the parent parcels. A security will be required with the final plat for the removal of the existing improvements on the site. EASEMENTS Prior to recording of the final plat: • A 10-foot-wide drainage and utility easement along the north property line of Lot 4, Block 1 shall be shown on the final plat. • A 10-foot-wide drainage and utility easement along the north property line of Lot 3, Block 5 shall be shown on the final plat. SSTTRREEEETT AANNDD SSUUBBDD II VV II SSIIOO NN LLAAYYOO UUTT 185th Street (CSAH 60) Pumpkin Creek is located south of and adjacent to 185th Street West, a minor arterial County highway, as identified in the City’s Transportation Plan. 185th Street West is currently constructed as a two-lane undivided rural roadway. 185th Street West is scheduled for improvements in 2025 (City project 25-04). These improvements will improve this roadway as a future four-lane divided urban roadway over its entire length adjacent to the plat with trails on both sides of the roadway. A 14-foot right turn lane is scheduled to be installed on 185th Street West and shall be coordinated to be installed in conjunction with the County Project. The current Dakota County Plat Review Needs Map indicates a half right-of-way requirement of 75-feet. The Developer is dedicating the necessary right-of-way as shown on the preliminary plat. Ixonia Avenue Pumpkin Creek includes the construction of Ixonia Avenue from 185th Street to its existing terminus south of the plat boundary. Ixonia Avenue is a minor collector roadway as identified in the City’s Transportation Plan. Ixonia Avenue will provide access to 185th Street and will provide a roadway connection for existing residential neighborhoods to the south. Ixonia Page 239 of 255 PPUUMMPPKKIINN CCRREEEEKK –– PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1111,, 22002255 PPAAGGEE 33 OOFF 66 Avenue is designed as a 40-foot-wide two-lane urban roadway within 80 feet of right-of-way. 5-foot sidewalk will be constructed along both sides of the roadway. The roadway and drainage design must meet MnDOT State Aid requirements, which will be reviewed with the final construction plans. The Developer shall construct the necessary turn lanes at 185th Street. Security will be required with the final plat for construction of the turn lanes. Irvine Trail Development of Pumpkin Creek includes the construction and extension of Irvine Trail, a local street. Irvine Trail is designed as 32-foot-wide urban roadways with 5-foot sidewalk along one side of the street. The roadway will provide future access to the existing Irvine Trail to the east. The Developer shall install a “Future Street Extension” sign and barricades at the east end of Irvine Trail. Street B Development of Pumpkin Creek includes the construction and extension of Street B, a local street. Street B is designed as 32-foot-wide urban roadways with 5-foot sidewalk along one side of the street. The roadway will provide future access to Jasmine Way to the west. The Developer shall install a “Future Street Extension” sign and barricades at the west end of Street B. Street A Development of Pumpkin Creek includes the construction of Street A, a local cul-de-sac roadway. The cul-de-sac street is designed as 32-foot-wide urban roadways within 60-feet of right-of-way. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and street construction will be from Ixonia Avenue until such point that construction traffic access is possible through 185th Street (CSAH 60). Once the site is accessible from 185th Street (CSAH 60) in coordination with CP 25- 04, construction access shall be restricted from Ixonia Avenue. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDD EEWWAALLKKSS Development of Pumpkin Creek includes the construction of public sidewalks. 5-foot wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets except for Street A cul-de-sac. 5-foot wide concrete sidewalk will be constructed along both sides of Ixonia Avenue. Park Dedication requirement has not been collected on the parent parcel and will be satisfied through a cash contribution to be calculated with the final plat. Page 240 of 255 PPUUMMPPKKIINN CCRREEEEKK –– PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1111,, 22002255 PPAAGGEE 44 OOFF 66 UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Pumpkin Creek is located within subdistrict ML-72200 of the Marion Lake sanitary sewer district as identified in the City’s Sewer Plan. Development of Pumpkin Creek includes the extension of public sanitary sewer. 8-inch sanitary sewer will be constructed within the subdivision and connect to the existing sewer stubs within The Preserve development on Ixonia Avenue. The wastewater from the development will be conveyed via existing trunk sanitary sewer to the MCES Elko/New Market Interceptor and continue to the Empire Wastewater Treatment Facility. The Developer shall extend sanitary sewer to the west and east plat boundaries at Irvine Trail and Street B. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid with the final plat. The fee will be based on the current rate in effect at the time of final plat approval. WWAATTEERRMMAAIINN Development of The Preserve includes the extension of public watermain. 8-inch watermain will be extended within the development to provide water service to the subdivision. The Developer shall extend watermain from The Preserve Plat boundary on Ixonia Avenue to the site. OOVVEERRHHEEAADD LLIINNEESS There are no overhead utility lines located on the existing parcel. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Pumpkin Creek is located within subdistrict ML-46 of the Marion Lake stormwater district as identified in the City’s Water Resources Management Plan. Development of Pumpkin Creek includes the construction of public stormwater management basins to collect and treat the stormwater runoff generated from the site. The basins will provide water quality treatment and rate control of the stormwater runoff generated from the subdivision. The basins in Outlot C will outlet to the existing wetland to the west of Ixonia Avenue. The stormwater management basins design shall be consistent with City requirements. The stormwater management basins will be located within Outlot C which will be deeded to the City with the final plat. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Page 241 of 255 PPUUMMPPKKIINN CCRREEEEKK –– PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1111,, 22002255 PPAAGGEE 55 OOFF 66 Pumpkin Creek 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 Pumpkin Creek includes the construction of public storm sewer systems. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basins located within Outlot C. Draintile construction is required in areas of non-granular soils within Pumpkin Creek for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the developer’s responsibility to install and finance. The Trunk Storm Sewer Area Charge has not been collected on the parent parcels and must be paid with Pumpkin Creek final plat. The Developer will receive a credit to the Trunk Storm Sewer Area Charge for deeding the portions of Outlots A, B, and C, consistent with City policy. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. FEMA FLOODPLAIN ANALYSIS Pumpkin Creek is shown on the Flood Insurance Rate Map (FIRM) as Zone X by the Federal Emergency Management Agency (FEMA) as shown on flood map 27037C0192E. Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WETLANDS The wetland delineation for the site was approved on September 30, 2024. The wetland delineation was completed by Jacobson Environmental. The wetland delineation identified 4 wetlands on the site totaling approximately 1.6 acres. Based on the information provided in the report dated 9/2/2024 and site visit by City staff, the wetland delineation for the area outlined in the report has been determined to be acceptable for use in implementing the Wetland Conservation Act. A replacement plan was submitted and sent out for review and comment to local, state and federal agencies. The replacement plan identifies a total of 0.17 acres of wetland impacts, mainly for the required road crossing and connection to 185th Street. The comment period Page 242 of 255 PPUUMMPPKKIINN CCRREEEEKK –– PPRREELLIIMMIINNAARRYY PPLLAATT MMAARRCCHH 1111,, 22002255 PPAAGGEE 66 OOFF 66 closes 3/24/2024. No wetland impacts can occur until final approval of wetland replacement plan and the purchase of wetland credits has been finalized. All wetlands, wetland buffers, stormwater treatment basins and natural areas will be placed in City owned Outlots. Natural Area signs will be placed along adjacent property lines and will be installed by the developer prior to building permits being released. TREE PRESERVATION The plan identifies 548 total trees on site and proposes to save 134 trees (25%). Prior to removals the tree protection or silt fence line must be staked and reviewed by City Staff in the field. Minor changes may result in additional removals or saves based on location or condition of the tree. EROSION CONTROL The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. The Developer must obtain permit coverage prior to construction. Redundant silt fence is required along all wetlands that do not have a 50-foot buffer. The location of the silt fence will be staked in the field and reviewed by city staff prior to any grading. The developer shall be responsible for the establishment of native vegetation within Outlots B and C. This will require a minimum of 2-3 years of maintenance to ensure full establishment. A management plan including a schedule for maintenance must be submitted to the City for review once native seeding is completed. Security shall be held for native vegetation establishment and restoration in the Outlots with the final plat. 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. A preconstruction meeting shall be held with the City prior to the issuance of a grading permit. RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the preliminary plat, grading and erosion control plan, utility plan and tree preservation plan for Pumpkin Creek, subject to the requirements and stipulations within this report. Page 243 of 255 Dakota County, Maxar City of Lakeville Pumpkin Creek Preliminary Plat Location Map EXHIBIT A 185TH ST (CSAH 60)IXONIA AVE188TH ST 189TH ST IRVINE WAYIXONIA AVEPumpkin Creek Preliminary Plat Area ±ITALY AVE190TH STJAEGER PATHPage 244 of 255 City of Lakeville Pumpkin Creek Preliminary Plat Zoning Map 185TH ST (CSAH 60)IXONIA AVE188TH ST 189TH ST IRVINE WAYIXONIA AVEParcels proposed to be rezoned to RS-3. ±ITALY AVE190TH STJAEGER PATHRS-3 RS-3 RS-2 RS-2 RS-2 RS-3 RS-2 P/OS EXHIBIT B Page 245 of 255 Wood FenceShedWood FenceWood FenceWire FenceWood/WireFence15.924.028.250.044.2 26.234.3 12.719.8 5.02.2 8.92.2 5.15.722.115.07.420.313.048.326.435.1 32.946.624.746.6 24.8PlayLandDeckDeck DeckPoolSepticSepticSepticWire Fence onProperty LineEdge ofWoods[12]DelineatedWetlandEdge ofWater[11]R/W, Drainage, andUtility Easement perDoc. No. 1383850 Bridge[12]DelineatedWetland [12]DelineatedWetland[A]TemporaryD&U Easementand TemporaryConstructionEasement perUnrecorded Docs.[B] Temp. Const. Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.PotholePotholeEdge of Water[12]DelineatedWetland12"CMP15"CMP 18"CMP 18"CMP [12]DelineatedWetlandS89°53'06"E 656.33 N00°12'13"W 1329.50S89°46'38"W 658.05 S00°16'43"E 1325.63W line of the E 1/2 & the E Line of the W 1/2of the W 1/2 of the NW 1/4 of the SE 1/4of Sec. 18 Twp. 114 Rng. 20Right-of-Way, Drainage and Utility Easement per Doc. No. 1383850 Wet LandRight of Way Easementper Doc. No. ____________Drainage UtilityEasement perDoc. No. ___________Wet LandWet Land Wet Land E Line of the W 1/2 ofthe NW 1/4 of the SE 1/4of Sec. 18 Twp. 114 Rng. 20S Line of the NW 1/4 of the SE 1/4 of Sec. 18 Twp. 114 Rng. 20 N Line of the NW 1/4 of the SE 1/4 of Sec. 18 Twp. 114 Rng. 20 W Line of the NW 1/4 of the SE 1/4of Sec. 18 Twp. 114 Rng. 2085.00N89°53'06"W 656.4485.001231123421234312345(185TH STREET W) COUNTY ROAD NO. 60 1445678523OUTLOT A OUTLOT BOUTLOT CIXONIA AVENUENEWNEW STREET IRVINE Drainage &Utility EasementOver All of OUTLOT CDrainage &Utility EasementOver All of OUTLOT BDrainage &Utility EasementOver All of OUTLOT AS89°53'06"E 1968.98S89°53'06"E 2579.98West 1/4 Corner ofof Sec. 18 Twp. 114 Rng. 20(Dakota County Cast Iron Monument)West 1/4 Corner ofof Sec. 18 Twp. 114 Rng. 20(Dakota County Aluminum Monument)TRAILRight of Way Easement per Doc. No. ____________Right of Way Easement per Doc. No. ____________Right of Way Easementper Doc. No. ____________31.34Drainage UtilityEasement perDoc. No. ___________22.00 Wet LandWet LandS00°12'13"E23.47216.88Δ=41°25'17"R=300.00216.44Δ=41°20'11"R=300.00S00°17'19"E 453.73322.67Δ=73°57'05"R=250.00201.29Δ=46°07'57"R=250.005.15Δ=0°35'25"R=500.00N65°48'47"E41.3658.39Δ=23°53'54"R=140.00N89°42'41"E 107.05S89°53'06"E 286.96 37.42Δ=26°48'00"R=80.00N63°18'53"E42.91N00°12'13"W 167.4440.0040.00 292.54 Δ=279°21'34" R=60.00 N40°07'00"E60.006 0 . 0 0N4 0 ° 3 1 ' 2 6 "W910S00°12'13"E 133.81S74° 2 4 ' 1 7 " E 1 3 5 . 7 0 122.97271.05Δ=73°57'05"233.50Δ=46°07'57"25.90Δ=2°44'52"S89°46'38"W 101.51662.62N89°47'47"E 310.00 30.0030.0044.53 45.88 212.11N79°24' 1 9 " W 1 3 9 . 3 2130.79N67°48'40"E 147.5072.54S89°43'17"W46.91N42°09'50"W 98.48112.6657.83S68°05'55"W 208.14Δ=22°04'00"100.1423.24173.77 17.70S46°08'02"W 211.10Δ=1°41'29"10.04Δ=19°21'16"87.83S00°16'43"E 162.4321.5570.91Δ=23°53'54"2.4566.06Δ=11°07'55"178.96167.4985.5032.1322.94 100.00S89°42'41"W 137.37Δ=15°22'32"91.242.92Δ=23°53'54"45.88107.04 85.00S89°42'41"W 136.8867.13Δ=3°00'46"17.8885.00S89°42'41"W 136.8785.0085.00140.0286.55N79°24' 1 9 " W 1 4 4 . 6 2Δ=10°52'59"55.0830.80127.04N6 4 ° 1 1 ' 1 0 " W 1 8 5 . 2 5Δ=15°13'09"77.03159.907.05N 4 8 ° 5 8 ' 0 1 "W 2 6 8 . 8 4Δ=15°13'09"77.03175.98N33°44'52 "W 152 .05Δ=15°13'09"77.03283.10Δ=41°42'18"152.86Δ=17°24'38"88.1223.69127.11Δ=21°25'10"4.2323.39Δ=26°48'00"109.12N00°12'13"W 155.00112.0089.00N00°12'13"W 155.0089.0089.00155.0089.00 72.8021.68Δ=49°40'47"R=25.0052.02Δ=49°40'47"S89°47'47"W 95.00138.30125.00 S25°46'00"W 194.2443.67228.5767.05Δ=64°01'47 "S26°10'26"E 194 .24 222.67 54.39 Δ=51°56'27"S00°12'13"E 228.5743.67Δ=64°01'47"67.05N89°47'47"E 95.00 139.05Δ=49°40'47"52.0221.68Δ=49°40'47"R=25.00N00°12'13"W 72.47101.79 Δ=12°10'28"23.3758.61Δ=9°52'39"140.83Δ=31°02'07" N89°53'06"W 125.82N00°12'13"W 160.43Δ=14°37'32"28.084.2346.75Δ=10°18'04"39.54N89°53'06"W 130.1486.0085.00N89°53'06"W 130.2785.0085.00N89°53'06"W 130.3985.00121.2285.00131.96155.00 138.66Δ=26°28'54"78.22Δ=14°56'23"Δ=23°23'35"122.49Δ=17°56'36"93.9530.0030.00STREET35.5374.94N81°32'32"W Δ=3°06'30"14.10N89°53'06"W 118.34 12.6632.84 S14°30'42"W 318.74N76°38'41"E 128.80Drainage & Utility EasementN73°36'09"E93.25S68 ° 1 0 ' 2 2 " E 125 . 7 5 9 8 . 9 4 43.16Δ=21°25'54"78.55Drai n a g e & U t i l i t y Eas e m e n t Drainage & Utility EasementDrainage & UtilityEasement VICINITY MAPPROJECTPROJECT NO.: 19152COPYRIGHT 2024 CIVIL SITE GROUP INC.cREVISION SUMMARYDATEDESCRIPTIONV2.0PRELIMINARY PLAT10-8-2024Add Small Wetland1-3-2025Lot Configuration3-11-2025Easements......N44565RORY L. SYNSTELIENLICENSE NO.DATEI HEREBY CERTIFY THAT THIS SURVEY,PLAN, OR REPORT WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED LANDSURVEYOR UNDER THE LAWS OF THESTATE OF MINNESOTA.9-4-2024CLIENT Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060QA/QCFIELD CREWDRAWN BYREVIEWED BYUPDATED BY.CJRS.PRELIMINARY PLAT GENERAL NOTESPROPERTY DESCRIPTION:Parcel 1: The East 1/2 of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 ofSection 18, Township 114, Range 20, Dakota County, Minnesota.Abstract Property.ANDParcel 2: The West Half (W 1/2) of the West Half (W 1/2) of the Northwest Quarter (NW1/4) of the Southeast Quarter (SE 1/4) of Section 18, Township 114, Range 20, accordingto the United States Government Survey thereof and situate in Dakota County,Minnesota.Abstract Property.This preliminary plat was prepared with the benefit of a Commitment for Title Insuranceissued by Custom Home Builders Title, LLC as agent for Old Republic National TitleInsurance Company, File No. HB-40707, dated August 29, 2019.DATE OF PREPARATION:9-4-2024Please note that the background survey information is per a survey performed by us dated 10-3-2019(last revised 12-17-2024).APPLICANT:Peter Knaeble6001 Glenwood AvnenueGolden Valley, MN 55422612-309-9215peterknaeble@gmail.comBENCHMARKS:Elevations are based on the NGVD 29 Datum. Site Benchmark is the top nut hydrant,located in the Northwest quadrant of 185th St W and Ixonia Ave, as shown hereon.Elevation = 1092.12.AREAS:The Gross existing land area is 872,453 +/- square feet or 20.029 +/- acres.Proposed Right of Way Areas:County Road No. 60 (185th St W): 55,792 +/ square feet or 0.128 +/- acres.Interior Streets: 161,018 +/- square feet or 3.696 +/- acres.See graphics for individual lot areas.FLOOD ZONE:This property is contained in Zone X (area determined to be outside the 0.2% annualchance floodplain) per Flood Insurance Rate Map, Community Panel No. 27037C0192E,effective date of December 2, 2011.________________________________________________________Rory L. Synstelien Minnesota License No. 44565rory@civilsitegroup.comPRELIMINARY PLAT: PUMPKIN CREEKOVERHEAD UTILITIESGASMAINSANITARY SEWERSTORM SEWERFIBER/COMM. LINEELECTRIC LINE (RECORD)WATERMAINELECTRIC LINEGASMAIN (RECORD)CHAINLINK FENCE LINELinetype & Symbol Legend CONCRETE SURFACEPAVER SURFACEBITUMINOUS SURFACEGRAVEL/LANDSCAPE SURFACEIRON FENCE LINEGUARDRAILWATERMAIN (RECORD)SANITARY SEWER (RECORD)STORM SEWER (RECORD)FIBER/COMM. LINE (RECORD)TELEPHONE LINE (RECORD)TELEPHONE LINESIGNSANITARY MANHOLESTORM MANHOLECABLE TV BOXTELEPHONE MANHOLEELECTRIC TRANSFORMERTELEPHONE BOXTRAFFIC SIGNALGAS METERELECTRICAL METERWATER MANHOLEWATER VALVEAIR CONDITIONERBOLLARDCATCH BASINELECTRIC MANHOLEGAS VALVEFLAG POLEHANDICAP SYMBOLFOUND IRON MONUMENTHYDRANTCAST IRON MONUMENTSET OR TO BE SET IRON MONUMENTFLARED END SECTIONPOWER POLEUTILITY MANHOLEGUY WIRECONIFEROUS TREEDECIDUOUS TREEROOF DRAINSEWER CLEAN OUTFIRE CONNECTIONWELLUTILITY VAULTPOST INDICATOR VALVEGAS MANHOLEHAND HOLEFIBER/COMM. MANHOLEMAIL BOXFUEL TANKELECTRICAL OUTLETSBSOIL BORINGLIGHT POLEACCESS RESTRICTIONWOODEN FENCE LINEN 120306003060SCALE IN FEETPumpkin Creek 9920 & 9940 185th St W, Lakeville, Dakota Couinty, MN 55044 6001 Glenwood Ave, Golden Valley, MN 55422 GVLPage 246 of 255 S89°53'06"E 656.33 N00°12'13"W 1329.50S89°46'38"W 658.05 S00°16'43"E 1325.63185TH ST W(A Public R/W)Wire Fence onProperty LineEdge ofWoodsEdge ofWater[11]R/W, Drainage, andUtility Easement perDoc. No. 1383850 BridgeR/W Line per Dakota County Half Section [13][A]TemporaryD&U Easementand TemporaryConstructionEasement perUnrecorded Docs.[B] Temp. Const. Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[12]DelineatedWetland[12]DelineatedWetland [12]DelineatedWetland[12]DelineatedWetlandIXONIA AVENUEIXONIA AVENUESTREET B IRVINE TRAIL LOT 211,638 SF(85.0')(89.0')(89.0')(127.5')(100.6')(146.3')(86.0')(85.0')(85.0')(112.9')(128.0')(85.0')(113.4')(87.4')(114.4')(85.5')(85.8')(85.5')(85.5')(85.5')(214.4')(198.3')LOT 114,322 SFLOT 311,634 SFLOT 415,398 SFLOT 514,782 SFLOT 411,122 SFLOT 311,067 SFLOT 211,078 SFLOT 113,452 SFLOT 313,795 SF LOT 213,795 SF LOT 118,424 SF LOT 116,684 SFLOT 212,096 SFLOT 312,917 SFLOT 414,591 SFLOT 511,939 SFLOT 415,942 SFLOT 324,255 SFLOT 221,255 SFLOT 120,508 SFBLOCK 1 BLOCK 2 BLOCK 3BLOCK 5 WETLAND #2BMANAGE I (35' AVG. BUFFER)WETLAND #2AMANAGE I (35' AVG. BUFFER)WETLAND #3 - REMOVEDMANAGE I (35' AVG. BUFFER)WETLAND #1REMOVED AS PART OF185TH ST. PROJECTMANAGE II(25' AVG. BUFFER)35' AVG. B U F F E R 17' MIN. B U F F E R 35' AVG. BUFFER17' MIN. BUFFER35' AVG. BUFFER17' MIN. BUFFER80.0 60.0 60.060.040.0 B-B 32.0B-B 32.0B-B32.0B-BSTREET A45.030.048.0 POND 1POND 2WETLAND #4 -PARTIAL REMOVED AS PART OF185TH ST. PROJECTMANAGE II (25' AVG. BUFFER)25' AVG. BUFFERSURMOUNTABLEC & G, TYP.5' CONC.SIDEWALK, TYP.FUTURE 10' BIT.TRAILR2 5 0 . 0 R2 5 0 . 0SURMOUNTABLEC & G, TYP.200.0'14' RIGHT TURNLANE, COORD.W/COUNTYROAD PROJECTR30.0R30.0R25.0 R25.0STREETLIGHT (TYP.)STSTSTSTREETLIGHT (TYP.)STREETLIGHT (TYP.)CONC. PED RAMP,PER COUNTYSTANDARDS, TYP.OUTLOT AOUTLOT BOUTLOT CCONSTRUCTIONLIMITSCONSTRUCTIONLIMITS185TH ST. ROWDEDICATION185TH ST. / CO. RD. 60 THE PRESERVE EX 100-YR HWL=1073.21PR 100-YR HWL = 1073.11155.0155.045.053.545.0 53.5R300.0R300.0R80.0150.8'R50.0 R60.0 (145.7')(112.5')(87.7')( 1 1 2 . 5 ' )LOT 616,007 SFLOT 720,693 SFLOT 823,816 SFLOT 920,693 SFLOT 1016,117 SFBLOCK 4 30.020. 0 20.0 20.0R25.0R15.0COPYRIGHT CIVIL SITE GROUP INC.cPROJECT P R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N2024ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION9/30/24PRELIMINARY PLAT SUBMITTAL1/3/25PRELIMINARY PLAT RESUBITTAL1/13/25PRELIMINARY PLAT RESUBMITTAL1/23/25PRELIMINARY PLAT RESUBMITTAL2/5/25PRELIMINARY PLAT RESUBMITTALPROJECT MANAGERDAVID KNAEBLECONTACT NUMBER763-234-7523DRAWN BYBNREVIEWED BYDJKPROJECT NUMBER1915248776David J. KnaebleLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.2/5/25Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060OWNER PUMPKIN CREEK DEVELOPMENT 9920 &9940 185TH STREET, LAKEVILLE, MN 55044 6001 GLENWOOD AVENUE, GOLDEN VALLEY, MN 55422 PETER KNAEBLEREVISION SUMMARYDATEDESCRIPTIONC2.0SITE PLAN01" = 50'-0"50'-0"25'-0"NKnow what'sbelow.before you dig.CallRSITE AREA TABLE:LIGHT DUTY BITUMINOUS PAVEMENT. SEEGEOTECHNICAL REPORT FOR AGGREGATE BASE &WEAR COURSE DEPTH, SEE DEATIL.CITY OF LAKEVILLE SITE SPECIFIC NOTES:SITE PLAN LEGEND:SIGN AND POST ASSEMBLY (IF APPLICABLE).SHOP DRAWINGS REQUIRED.HC = ACCESSIBLE SIGNNP = NO PARKING FIRE LANEST = STOPPROPERTY LINECURB AND GUTTER-SEE NOTES (T.O.) TIP OUTGUTTER WHERE APPLICABLE-SEE PLANCONSTRUCTION LIMITSTOTYPICAL RS-3 SINGLE FAMILY HOME & LOT INFORMATION:LOT NUMBERPAD SIZELOT LINED & U EASEMENT10' FRONT & REAR5' SIDE (TYP.)BUILDING SETBACK30' FRONT30' REAR (50' ALONG 185TH)10' SIDES/ 20' SIDE ROW(30' SIDE ALONG 185TH)50'x65'PADROW LINECURB LINEMINIMUM LOT SIZE:11,000 SFWETLAND BUFFER1.CATCH BASINS SHALL BE DEPRESSED 0.12 FEET BELOW THE B618 GUTTER(SEE LV-STM-3).2.INTERSECTION RADII SHALL BE B618 TYPE CURB WITH 10 FOOT TRANSITIONSTO MOUNTABLE CURB. ALL CURB RADII ARE TO BACK OF CURB (SEE LV-ST-2).3.ALL SPOT ELEVATIONS AT CURB RETURN POINTS ARE TO FLOW LINE.4.INSTALL BIO-ROLL BEHIND CURB AFTER CURB INSTALLATION.5.ALL PED RAMPS SHALL BE CONSTRUCTED PER MNDOT STANDARDS (SEE9036F).6.CONSTRUCT CONCRETE SIDEWALK IN ACCORDANCE WITH LV-ST-15.7.CONTRACTOR SHALL ADJUST CASTING IN BITUMINOUS PAVEMENT TO FINALGRADE INCIDENTAL TO THE INSTALLATION OF WEAR COURSE PAVING.Page 247 of 255 S89°53'06"E 656.33 N00°12'13"W 1329.50S89°46'38"W 658.05 S00°16'43"E 1325.63185TH ST W(A Public R/W)Wire Fence onProperty LineEdge ofWoodsEdge ofWater[11]R/W, Drainage, andUtility Easement perDoc. No. 1383850 BridgeR/W Line per Dakota County Half Section [13][A]TemporaryD&U Easementand TemporaryConstructionEasement perUnrecorded Docs.[B] Temp. Const. Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[12]DelineatedWetland[12]DelineatedWetland [12]DelineatedWetland[12]DelineatedWetlandIXONIA AVENUEIXONIA AVENUESTREET B IRVINE TRAIL WETLAND #2BMANAGE I (35' AVG. BUFFER)WETLAND #2AMANAGE I (35' AVG. BUFFER)WETLAND #3 - REMOVEDMANAGE I (35' AVG. BUFFER)WETLAND #1REMOVED AS PART OF185TH ST. PROJECTMANAGE II(25' AVG. BUFFER)35' AVG. B U F F E R 17' MIN. B U F F E R 35' AVG. BUFFER17' MIN. BUFFER35' AVG. BUFFER17' MIN. BUFFERSTREET APOND 1POND 2WETLAND 2A IMPACTAREA = 1,106 SF (0.03 AC)WETLAND 3 IMPACTAREA = 413 SF (0.01 AC)WETLAND #4 -PARTIAL REMOVED AS PART OF185TH ST. PROJECTMANAGE II (25' AVG. BUFFER)25' AVG. BUFFER200.0'BL 1L2L1L3 L4BL 5L3 L2L1L1L2L3L4L5BL 2L1L2 L3L4BL 3L5L4L3 L2L1OUTLOT AOUTLOT COUTLOT BCONSTRUCTIONLIMITSCONSTRUCTIONLIMITS185TH ST. ROWDEDICATION185TH ST. / CO. RD. 60 THE PRESERVE EX 100-YR HWL=1073.21PR 100-YR HWL = 1073.11L6L7L8L9L10BL 4 WETLAND 2B IMPACTAREA = 5,516 SF (0.13 AC)COPYRIGHT CIVIL SITE GROUP INC.cPROJECT P R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N2024ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION9/30/24PRELIMINARY PLAT SUBMITTAL1/3/25PRELIMINARY PLAT RESUBITTAL1/13/25PRELIMINARY PLAT RESUBMITTAL1/23/25PRELIMINARY PLAT RESUBMITTAL2/5/25PRELIMINARY PLAT RESUBMITTALPROJECT MANAGERDAVID KNAEBLECONTACT NUMBER763-234-7523DRAWN BYBNREVIEWED BYDJKPROJECT NUMBER1915248776David J. KnaebleLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.2/5/25Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060OWNER PUMPKIN CREEK DEVELOPMENT 9920 &9940 185TH STREET, LAKEVILLE, MN 55044 6001 GLENWOOD AVENUE, GOLDEN VALLEY, MN 55422 PETER KNAEBLEREVISION SUMMARYDATEDESCRIPTION01" = 50'-0"50'-0"25'-0"NKnow what'sbelow.before you dig.CallRC2.2WETLAND IMPACTPLANLEGEND:PROPERTY LINECONSTRUCTION LIMITSWETLAND IMPACT AREAEXISTING WETLAND BOUNDARYWETLAND IMPACTWETLANDTOTAL WETLANDAREA(ACRE) [ONSITE]IMPACTED WETLANDAREA(ACRE)2A0.19.032B1.360.1330.010.01TOTAL1.560.17NOTE: WETLAND IMPACTS EXCLUDE CO. RD. 60 PROJECTIMPACTS.Page 248 of 255 S89°53'06"E 656.33 N00°12'13"W 1329.50S89°46'38"W 658.05 S00°16'43"E 1325.63185TH ST W(A Public R/W)Wire Fence onProperty LineEdge ofWoodsEdge ofWater[11]R/W, Drainage, andUtility Easement perDoc. No. 1383850 BridgeR/W Line per Dakota County Half Section [13][A]TemporaryD&U Easementand TemporaryConstructionEasement perUnrecorded Docs.[B] Temp. Const. Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[12]DelineatedWetland[12]DelineatedWetland [12]DelineatedWetland[12]DelineatedWetlandIXONIA AVENUEIXONIA AVENUESTREET B IRVINE TRAIL WETLAND #2BMANAGE I (35' AVG. BUFFER)WETLAND #2AMANAGE I (35' AVG. BUFFER)STREET APOND 1POND 2WETLAND #4 -PARTIAL REMOVED AS PART OF185TH ST. PROJECTMANAGE II (25' AVG. BUFFER)WETLAND 2A BUFFER AREA35' AVG. WETLAND BUFFER = 10,551 SFPROPOSED WETLAND BUFFER = 11,022 SFWETLAND 2B BUFFER AREA35' AVG. WETLAND BUFFER = 42,938 SFPROPOSED WETLAND BUFFER = 42,938 SFWETLAND 4 BUFFER AREA25' AVG. WETLAND BUFFER = 2,959 SFPROPOSED WETLAND BUFFER = 2,959 SF200.0'BL 1L2L1L3 L4BL 5L3 L2L1L1L2L3L4L5BL 2L1L2 L3L4BL 3L5L4L3 L2L1OUTLOT AOUTLOT COUTLOT BCONSTRUCTIONLIMITSCONSTRUCTIONLIMITS185TH ST. ROWDEDICATION185TH ST. / CO. RD. 60 THE PRESERVE EX 100-YR HWL=1073.21PR 100-YR HWL = 1073.11L6L7L8L9L10BL 4 COPYRIGHT CIVIL SITE GROUP INC.cPROJECT P R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N2024ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION9/30/24PRELIMINARY PLAT SUBMITTAL1/3/25PRELIMINARY PLAT RESUBITTAL1/13/25PRELIMINARY PLAT RESUBMITTAL1/23/25PRELIMINARY PLAT RESUBMITTAL2/5/25PRELIMINARY PLAT RESUBMITTALPROJECT MANAGERDAVID KNAEBLECONTACT NUMBER763-234-7523DRAWN BYBNREVIEWED BYDJKPROJECT NUMBER1915248776David J. KnaebleLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.2/5/25Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060OWNER PUMPKIN CREEK DEVELOPMENT 9920 &9940 185TH STREET, LAKEVILLE, MN 55044 6001 GLENWOOD AVENUE, GOLDEN VALLEY, MN 55422 PETER KNAEBLEREVISION SUMMARYDATEDESCRIPTION01" = 50'-0"50'-0"25'-0"NKnow what'sbelow.before you dig.CallRC2.3WETLAND BUFFERPLANLEGEND:PROPERTY LINECONSTRUCTION LIMITSAVERAGE BUFFER AREAPROPOSED BUFFER AREAPROPOSED WETLAND BOUNDARYPage 249 of 255 S89°53'06"E 656.33 N00°12'13"W 1329.50S89°46'38"W 658.05 S00°16'43"E 1325.63185TH ST W(A Public R/W)Wire Fence onProperty LineEdge ofWoodsEdge ofWater[11]R/W, Drainage, andUtility Easement perDoc. No. 1383850 BridgeR/W Line per Dakota County Half Section [13][A]TemporaryD&U Easementand TemporaryConstructionEasement perUnrecorded Docs.[B] Temp. Const. Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[12]DelineatedWetland[12]DelineatedWetland [12]DelineatedWetland[12]DelineatedWetland105610581062106410641066106610681068107010701070107210721 0 7 4 1074107610761078 10781080108010821 0 8 4 10841084108610861088108 8 10 9 0 109010921094WETLAND #2BMANAGE I (35' AVG. BUFFER)WETLAND #2AMANAGE I (35' AVG. BUFFER)POND 1POND 2WETLAND #4 -PARTIAL REMOVED AS PART OF185TH ST. PROJECTMANAGE II (25' AVG. BUFFER)BL 1L2L1L3 L4BL 5L3 L2L1L1L2L3L4L5BL 2L1L2 L3L4BL 3L5L4L3 L2L1OUTLOT AOUTLOT COUTLOT BCONSTRUCTIONLIMITSCONSTRUCTIONLIMITS185TH ST. / CO. RD. 60 THE PRESERVE EX 100-YR HWL=1073.21PR 100-YR HWL = 1073.11L6L7L8L9L10BL 4 PONDACCESSPONDACCESSCOPYRIGHT CIVIL SITE GROUP INC.cPROJECT P R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N2024ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION9/30/24PRELIMINARY PLAT SUBMITTAL1/3/25PRELIMINARY PLAT RESUBITTAL1/13/25PRELIMINARY PLAT RESUBMITTAL1/23/25PRELIMINARY PLAT RESUBMITTAL2/5/25PRELIMINARY PLAT RESUBMITTALPROJECT MANAGERDAVID KNAEBLECONTACT NUMBER763-234-7523DRAWN BYBNREVIEWED BYDJKPROJECT NUMBER1915248776David J. KnaebleLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.2/5/25Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060OWNER PUMPKIN CREEK DEVELOPMENT 9920 &9940 185TH STREET, LAKEVILLE, MN 55044 6001 GLENWOOD AVENUE, GOLDEN VALLEY, MN 55422 PETER KNAEBLEC3.0GRADING PLAN1.0' CONTOUR ELEVATION INTERVALGRADING PLAN LEGEND:SPOT GRADE ELEVATION GUTTERSPOT GRADE ELEVATION TOP OF CURBSPOT GRADE ELEVATION BOTTOM OFSTAIRS/TOP OF STAIRSEX. 1' CONTOUR ELEVATION INTERVALSPOT GRADE ELEVATION (GUTTER/FLOWLINE UNLESS OTHERWISE NOTED)CURB AND GUTTER (T.O = TIP OUT)EMERGENCY OVERFLOW41.261125891.00 G891.00 TC891.00 BS/TS1137EOF=1135.52TOSPOT GRADE ELEVATION MATCH EXISTING891.00 MEGBGRADE BREAK - HIGH POINTSSEE SHEET C0.1 FOR GENERALGRADING NOTESCONSTRUCTION LIMITSREVISION SUMMARYDATEDESCRIPTION01" = 50'-0"50'-0"25'-0"NKnow what'sbelow.before you dig.CallRCITY OF LAKEVILLE GRADING NOTES:1.CATCH BASINS SHALL BE DEPRESSED 0.12 FEET BELOW THE B618 GUTTER(SEE LV-STM-3).2.INTERSECTION RADII SHALL BE B618 TYPE CURB WITH 10 FOOT TRANSITIONSTO MOUNTABLE CURB. ALL CURB RADII ARE TO BACK OF CURB (SEE LV-ST-2).3.ALL SPOT ELEVATIONS AT CURB RETURN POINTS ARE TO FLOW LINE.4.INSTALL BIO-ROLL BEHIND CURB AFTER CURB INSTALLATION.5.ALL PED RAMPS SHALL BE CONSTRUCTED PER MNDOT STANDARDS (SEE9036F).POND ACCESS LOCATIONPage 250 of 255 S89°53'06"E 656.33 N00°12'13"W 1329.50S89°46'38"W 658.05 S00°16'43"E 1325.63Wood FenceShedWood FenceWood FenceWire FenceWood/WireFencePlayLandDeckDeck DeckPoolSepticSepticSepticWire Fence onProperty LineEdge ofWoodsEdge ofWater[11]R/W, Drainage, andUtility Easement perDoc. No. 1383850 Bridge[A]TemporaryD&U Easementand TemporaryConstructionEasement perUnrecorded Docs.[B] Temp. Const. Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[12]DelineatedWetland[12]DelineatedWetland [12]DelineatedWetland[12]DelineatedWetlandIXONIA AVENUEIXONIA AVENUESTREET B IRVINE TRAIL 10561058106210641064106610681068107010701070107210721 0 7 4 1074107610761078 10781080108010821 0 8 4 108410841086108610881088 10 9 0 1090STREET A200.0'BL 1L2L1L3 L4BL 5L3 L2L1L1L2L3L4L5BL 2L1L2 L3L4BL 3L5L4L3 L2L1OUTLOT AOUTLOT COUTLOT BCONSTRUCTIONLIMITSCONSTRUCTIONLIMITS185TH ST. ROWDEDICATION185TH ST. / CO. RD. 60 THE PRESERVEL6L7L8L9L10BL 4 EXISTING TREES TO REMAIN,PROVIDE TREE PROTECTIONFENCING, TYP.EXISTING TREES TO REMAIN,PROVIDE TREE PROTECTIONFENCING, TYP.REMOVE ALL EXISTING TREES &VEGETATION IN SHADED AREAS SHOWN.REMOVE ALL STUMPS & ROOT SYSTEMS.COORDINATE PROPER DISPOSAL OFMATERIALS WITH L.G.U.TREE PRESERVATION PLAN LEGEND:TREE PROTECTIONTREE REMOVAL - INCLUDINGROOTS AND STUMPSCOPYRIGHT CIVIL SITE GROUP INC.cPROJECT P R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N2024ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION9/30/24PRELIMINARY PLAT SUBMITTAL1/3/25PRELIMINARY PLAT RESUBITTAL1/13/25PRELIMINARY PLAT RESUBMITTAL1/23/25PRELIMINARY PLAT RESUBMITTAL2/5/25PRELIMINARY PLAT RESUBMITTALPROJECT MANAGERDAVID KNAEBLECONTACT NUMBER763-234-7523DRAWN BYBNREVIEWED BYDJKPROJECT NUMBER1915248776David J. KnaebleLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.2/5/25Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060OWNER PUMPKIN CREEK DEVELOPMENT 9920 &9940 185TH STREET, LAKEVILLE, MN 55044 6001 GLENWOOD AVENUE, GOLDEN VALLEY, MN 55422 PETER KNAEBLEC1.1TREE PRESERVATIONPLANCONSTRUCTION LIMITSREVISION SUMMARYDATEDESCRIPTIONPROPERTY LINE01" = 50'-0"50'-0"25'-0"NKnow what'sbelow.before you dig.CallRPage 251 of 255 S89°53'06"E 656.33 N00°12'13"W 1329.50S89°46'38"W 658.05 S00°16'43"E 1325.63185TH ST W(A Public R/W)Wire Fence onProperty LineEdge ofWoodsEdge ofWater[11]R/W, Drainage, andUtility Easement perDoc. No. 1383850 BridgeR/W Line per Dakota County Half Section [13][A]TemporaryD&U Easementand TemporaryConstructionEasement perUnrecorded Docs.[B] Temp. Const. Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[12]DelineatedWetland[12]DelineatedWetland [12]DelineatedWetland[12]DelineatedWetlandIXONIA AVENUEIXONIA AVENUESTREET B IRVINE TRAIL 10561058106210641064106610681068107010701070107210721 0 7 4 1074107610761078 10781080108010821 0 8 4 10841084108610861088108 8 10 9 0 1090WETLAND #2BMANAGE I (35' AVG. BUFFER)WETLAND #2AMANAGE I (35' AVG. BUFFER)WETLAND #3 - REMOVEDMANAGE I (35' AVG. BUFFER)WETLAND #1REMOVED AS PART OF185TH ST. PROJECTMANAGE II(25' AVG. BUFFER)STREET AWETLAND #4 -PARTIAL REMOVED AS PART OF185TH ST. PROJECTMANAGE II (25' AVG. BUFFER)200.0'CONSTRUCTIONLIMITSCONSTRUCTIONLIMITS185TH ST. ROWDEDICATION185TH ST. / CO. RD. 60 THE PRESERVE5 - RP3 - MP3 - PD3 - AG3 - AC4 - MP1 - GD1 - CPSSEW - EMERGENTWETLAND SEED MIX, TYP.SSSP - DRY SHORTPRAIRIE SEED MIX, TYP.8 - VD26 - VD37 - VD278 LF 8" PVC SDR35 SAN. @ 0.40% CONNECT TO EX. 8" SAN. STUB IE=1048.30SYMBOLCOMMON / BOTANICAL NAMESIZEGROUND COVERSShooting Star Seed Mix / Dry Short Prairie MixSeeding Rate: 10 lb/acre (64.4 seeds/square foot). Coverw/ MnDOT approved Soil Stabilizer. Refer to MN SeedingManual(2023 Edition) for seeding dates and installmethods.Seed MixShooting Star Seed Mix / Emergent Wetland MixSeeding Rate: 5 lb/acre (114.3 seeds/square foot). Coverw/ MnDOT Type 6 Hydraulic Soil Stabilizer. Refer to MNSeeding Manual(2014 Edition) for seeding dates andinstall methods.Seed MixRock Maintanence Strip / Rock Maintanence Strip3"- 6" Washed river rock, uniform in size over filter fabric,composed of round rocks that may be varied in color.Include aluminum edging as shown on plan, or as needed.See detail.MulchShooting Star Seed Mix / Turf Seed - Economy Lawn MixSeeding Rate: 200 lb/acre.40% Kentuckey Bluegrass,30% Fine-Leaf perennial Ryegrass, 30% Creeping RedFescue. Cover w/ MnDOT approved soil stabilizer. Referto MN Seeding Manual(2023 Edition) for seeding datesand install methods.Seed MixPLANT SCHEDULEL1.0LANDSCAPE PLANCOPYRIGHT CIVIL SITE GROUP INC.cPROJECT P R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N2024ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION9/30/24PRELIMINARY PLAT SUBMITTAL1/3/25PRELIMINARY PLAT RESUBITTAL1/13/25PRELIMINARY PLAT RESUBMITTAL1/23/25PRELIMINARY PLAT RESUBMITTAL2/5/25PRELIMINARY PLAT RESUBMITTALPROJECT MANAGERDAVID KNAEBLECONTACT NUMBER763-234-7523DRAWN BYBNREVIEWED BYDJKPROJECT NUMBER19152LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.25821Robert L. Binder2/5/25Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060OWNER PUMPKIN CREEK DEVELOPMENT 9920 &9940 185TH STREET, LAKEVILLE, MN 55044 6001 GLENWOOD AVENUE, GOLDEN VALLEY, MN 55422 PETER KNAEBLEPROPOSED PERENNIAL PLANT SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED DECIDUOUS AND EVERGREEN SHRUB SYMBOLS - SEEPLANT SCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED ORNAMENTAL TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED EVERGREEN TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED CANOPY TREE SYMBOLS - SEEPLANT SCHEDULE AND PLAN FOR SPECIESAND PLANTING SIZESDECORATIVE BOULDERS (ROUNDED & BLOCK STYLE), 18"-30" DIA.LANDSCAPE PLAN LEGEND:EDGING - SHALL BE COMMERCIAL GRADE, 4" DEPTH ALUMINUM,BLACK OR DARK GREEN IN COLOR, INCLUDE ALL CONNECTORS,STAKES, & ALL APPURTENANCES PER MANUF. INSTALL PER MANUF.INSTRUC./SPECS.SEE SHEET L1.1 FOR PLANTING SCHEDULESEE SHEET C0.1 FOR GENERALLANDSCAPE NOTESCONSTRUCTION LIMITSREVISION SUMMARYDATEDESCRIPTION01" = 50'-0"50'-0"25'-0"NKnow what'sbelow.before you dig.CallRPage 252 of 255 CODECOMMON / BOTANICAL NAMEQTYCONTNATIVE PLANTSPOLLINATOR FRIENDLYTREESCPPrairie Sentinel Hackberry / Celtis occidentalis `JFS-KSU1` TM12.5" Cal. B&BNATIVE CULTIVARGDTrue North™ Kentucky Coffeetree / Gymnocladus dioica 'UMNSynergy'12.5" Cal. B&BNATIVE CULTIVARNSUBTOTAL:2EVERGREEN TREESACWhite Fir / Abies concolor36` B&BNOT NATIVEPDBlack Hills Spruce / Picea glauca `Densata`36` HT. B&BNATIVE CULTIVARRPRed Pine / Pinus resinosa56` B&BNATIVESUBTOTAL:11ORNAMENTAL TREESAGAutumn Brilliance Serviceberry / Amelanchier x grandiflora `Autumn Brilliance`31.5" Cal. B&BNATIVEYMPPrairifire Crabapple / Malus x `Prairifire`71.5" Cal. B&BNATIVE CULTIVARYSUBTOTAL:10CODECOMMON / BOTANICAL NAMEQTYSIZENATIVE PLANTSPOLLINATOR FRIENDLYSHRUBSVD2Blue Muffin Arrowwood Viburnum / Viburnum dentatum 'Christom'15#5 CONTNATIVE CULTIVARYVD3Red Feather Arrowwood Viburnum / Viburnum dentatum 'Red Feather'6#5 CONTNATIVE CULTIVARYSUBTOTAL:21PLANT SCHEDULEL1.1LANDSCAPE PLANNOTES & DETAILSCOPYRIGHT CIVIL SITE GROUP INC.cPROJECT P R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N2024ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION9/30/24PRELIMINARY PLAT SUBMITTAL1/3/25PRELIMINARY PLAT RESUBITTAL1/13/25PRELIMINARY PLAT RESUBMITTAL1/23/25PRELIMINARY PLAT RESUBMITTAL2/5/25PRELIMINARY PLAT RESUBMITTALPROJECT MANAGERDAVID KNAEBLECONTACT NUMBER763-234-7523DRAWN BYBNREVIEWED BYDJKPROJECT NUMBER19152LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.25821Robert L. Binder2/5/25Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060OWNER PUMPKIN CREEK DEVELOPMENT 9920 &9940 185TH STREET, LAKEVILLE, MN 55044 6001 GLENWOOD AVENUE, GOLDEN VALLEY, MN 55422 PETER KNAEBLE 1.ENTIRE SITE SHALL BE FULLY IRRIGATED. THE CONTRACTOR SHALL SUBMIT IRRIGATION SHOPDRAWINGS FOR REVIEW AND APPROVAL BY THE LANDSCAPE ARCHITECT PRIOR TO INSTALLATION.2.PROVIDE SITE WIDE IRRIGATION SYSTEM DESIGN AND INSTALLATION. SYSTEM SHALL BE FULLYPROGRAMMABLE AND CAPABLE OF ALTERNATE DATE WATERING. THE SYSTEM SHALL PROVIDE HEADTO HEAD OR DRIP COVERAGE AND BE CAPABLE OF DELIVERING ONE INCH OF PRECIPITATION PERWEEK. SYSTEM SHALL EXTEND INTO THE PUBLIC RIGHT-OF-WAY TO THE EDGE OF PAVEMENT/BACKOF CURB.3.CONTRACTOR SHALL SECURE APPROVAL OF PROPOSED IRRIGATION SYSTEM INLCUDING PRICINGFROM OWNER, PRIOR TO INSTALLATION.4.SEE MECHANICAL AND ELECTRICAL PLANS AND SPECIFICATIONS FOR IRRIGATION WATER, METER,AND POWER CONNECTIONS.5.CONTRACTOR TO VERIFY LOCATION OF ALL UNDERGROUND/ABOVE GROUND FACILITIES PRIOR TOANY EXCAVATION/INSTALLATION. ANY DAMAGE TO UNDERGROUND/ABOVE GROUND FACILITIES SHALLBE THE RESPONSIBILITY OF THE CONTRACTOR AND COSTS ASSOCIATED WITH CORRECTINGDAMAGES SHALL BE BORNE ENTIRELY BY THE CONTRACTOR.6.SERVICE EQUIPMENT AND INSTALLATION SHALL BE PER LOCAL UTILITY COMPANY STANDARDS ANDSHALL BE PER NATIONAL AND LOCAL CODES. EXACT LOCATION OF SERVICE EQUIPMENT SHALL BECOORDINATED WITH THE LANDSCAPE ARCHITECT OR EQUIVALENT AT THE JOB SITE.7.CONTRACTOR SHALL COORDINATE WITH LOCAL UTILITY COMPANY FOR THE PROPOSED ELECTRICALSERVICE AND METERING FACILITIES.8.IRRIGATION WATER LINE CONNECTION SIZE IS 1-12" AT BUILDING. VERIFY WITH MECHANICAL PLANS.9.ALL MAIN LINES SHALL BE 18" BELOW FINISHED GRADE.10.ALL LATERAL LINES SHALL BE 12" BELLOW FINISHED GRADE.11.ALL EXPOSED PVC RISERS, IF ANY, SHALL BE GRAY IN COLOR.12.CONTRACTOR SHALL LAY ALL SLEEVES AND CONDUIT AT 2'-0" BELOW THE FINISHED GRADE OF THETOP OF PAVEMENT. EXTEND SLEEVES TO 2'-0" BEYOND PAVEMENT.13.CONTRACTOR SHALL MARK THE LOCATION OF ALL SLEEVES AND CONDUIT WITH THE SLEEVINGMATERIAL "ELLED" TO 2'-0" ABOVE FINISHED GRADE AND CAPPED.14.FABRICATE ALL PIPE TO MANUFACTURE'S SPECIFICATIONS WITH CLEAN AND SQUARE CUT JOINTS.USE QUALITY GRADE PRIMER AND SOLVENT CEMENT FORMULATED FOR INTENDED TYPE OFCONNECTION.15.BACKFILL ALL TRENCHES WITH SOIL FREE OF SHARP OBJECTS AND DEBRIS.16.ALL VALVE BOXES AND COVERS SHALL BE BLACK IN COLOR.17.GROUP VALVE BOXES TOGETHER FOR EASE WHEN SERVICE IS REQUIRED. LOCATE IN PLANT BEDAREAS WHENEVER POSSIBLE.18.IRRIGATION CONTROLLER LOCATION SHALL BE VERIFIED ON-SITE WITH OWNER'S REPRESENTATIVE.19.CONTROL WIRES: 14 GAUGE DIRECT BURIAL, SOLID COPPER IRRIGATION WIRE. RUN UNDER MAINLINE. USE MOISTURE-PROOF SPLICES AND SPLICE ONLY AT VALVES OR PULL BOXES. RUN SEPARATEHOT AND COMMON WIRE TO EACH VALVE AND ONE (1) SPARE WIRE AND GROUND TO FURTHESTVALVE FROM CONTROLLER. LABEL OR COLOR CODE ALL WIRES.20.AVOID OVER SPRAY ON BUILDINGS, PAVEMENT, WALLS AND ROADWAYS BY INDIVIDUALLY ADJUSTINGRADIUS OR ARC ON SPRINKLER HEADS AND FLOW CONTROL ON AUTOMATIC VALVE.21.ADJUST PRESSURE REGULATING VALVES FOR OPTIMUM PRESSURE ON SITE.22.USE SCREENS ON ALL HEADS.23.A SET OF AS-BUILT DRAWINGS SHALL BE MAINTAINED ON-SITE AT ALL TIMES IN AN UPDATEDCONDITION.24.ALL PIPE 3" AND OVER SHALL HAVE THRUST BLOCKING AT EACH TURN.25.ALL AUTOMATIC REMOTE CONTROL VALVES WILL HAVE 3" MINIMUM DEPTH OF 3/4" WASHED GRAVELUNDERNEATH VALVE AND VALVE BOX. GRAVEL SHALL EXTENT 3" BEYOND PERIMETER OF VALVE BOX.26.THERE SHALL BE 3" MINIMUM SPACE BETWEEN BOTTOM OF VALVE BOX COVER AND TOP OF VALVESTRUCTURE.IRRIGATION NOTES:REVISION SUMMARYDATEDESCRIPTIONSEE SHEET C0.1 FOR GENERALLANDSCAPE NOTESKnow what'sbelow.before you dig.CallRTHREE TIMES WIDTHOF ROOTBALLDECIDUOUS & CONIFEROUS TREE PLANTINGN T SPRUNE AS FIELD DIRECTED BY THE LANDSCAPEARCHITECT TO IMPROVE APPEARANCE (RETAIN NORMALTREE SHAPE)THREE 2"X4"X8' WOODEN STAKES, STAINED BROWN WITHTWO STRANDS OF WIRE TWISTED TOGETHER. STAKESSHALL BE PLACED AT 120° TO ONE ANOTHER. WIRE SHALLBE THREADED THROUGH NYLON STRAPPING WITHGROMMETS. ALTERNATE STABILIZING METHODS MAY BEPROPOSED BY CONTRACTOR.TRUNK FLARE JUNCTION: PLANT TREE 1"-2" ABOVEEXISTING GRADEMULCH TO OUTER EDGE OF SAUCER OR TO EDGE OFPLANTING BED, IF APPLICABLE. ROCK OR ORGANIC MULCH,SEE GENERAL LANDSCAPE NOTES AND PLAN NOTES FORMULCH TYPE. KEEP MULCH MIN. 2" FROM PLANT TRUNKEXISTING GRADECUT AND REMOVE BURLAP FROM TOP 1/3 OF ROOT BALL. IFNON-BIODEGRADABLE, REMOVE COMPLETELYSLOPE SIDES OF HOLE OR VERTICAL SIDES AT EDGE OFPLANTING BEDBACKFILL AS SPECIFIEDCOMPACT BOTTOM OF PIT, TYP.RULE OF THUMB - MODIFY EXCAVATION BASED ONLOCATION OF PLANT MATERIAL AND DESIGN OF BEDS OROVERALL PLANT PLACEMENT1Page 253 of 255 S89°53'06"E 656.33N00°12'13"W 1329.50 S89°46'38"W 658.05S00°16'43"E 1325.63 185TH ST W(A Public R/W)Wire Fence onProperty LineEdge ofWoodsEdge ofWater[11]R/W, Drainage, andUtility Easement perDoc. No. 1383850BridgeR/W Line per Dakota County Half Section [13][A]TemporaryD&U Easementand TemporaryConstructionEasement perUnrecorded Docs.[B] Temp. Const. Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] Right of Way Esmt.per Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[B] D & U Easementper Unrecorded Doc.[12]DelineatedWetland[12]DelineatedWetland[12]DelineatedWetland[12]DelineatedWetlandIXONIA AVENUEIXONIA AVENUESTREET BIRVINE TRAIL6543212345123456781123456123456123456781234567912345GARAGEEXIST.HOUSEGHOSTROWGHOSTROWNEW ROW LINENEW ROW LINEBUFFERWETLANDBUFFERBUFFERBUFFERPONDPONDEXIST.HOUSEGHOST PLATGHOSTPLATGHOST PLATGHOST PLATGHOST PLAT"GHOST PLAT"(ZONING RS-3)"GHOST PLAT"(ZONING RS-3)"GHOST PLAT"(ZONING RS-3)"GHOST PLAT"(ZONING RS-3)"GHOST PLAT"(ZONING RS-3)BUFFERBUFFERBUFFERGHOST PLATGHOST PLATGHOSTPLAT188TH STREET W189TH STREET WIRVINE TRAILIRVINE WAY185TH STREET (CR 60)185TH STREET (CR 60)188TH COURT WIXONIA AVENUEJASMINE WAYWETLANDWETLANDWETLANDWETLANDTRAILTRAILTRAILTRAILWETLANDTHE PRESERVETHE PRESERVETHE PRESERVEIRVONA AVENUEIRENIC AVENUEITALY AVENUEJAMAICA PATHJAEGER PATHIRVINE WAYWETLANDWETLANDWETLANDWETLANDWETLANDIVERRA AVENUESTREET APOND 1POND 2200.0'BL 1L2L1L3L4BL 5L3L2L1L1L2L3L4L5BL 2L1L2L3L4BL 3L5L4L3L2L1OUTLOT AOUTLOT COUTLOT BCONSTRUCTIONLIMITSCONSTRUCTIONLIMITSPOND185TH ST. ROWDEDICATION185TH ST. / CO. RD. 60THE PRESERVEIXONIA AVENUEL6L7L8L9L10BL 4COPYRIGHT CIVIL SITE GROUP INC.cPROJECT P R E L I M I N A R Y : N O T F O R C O N S T R U C T I O N2024ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION9/30/24PRELIMINARY PLAT SUBMITTAL1/3/25PRELIMINARY PLAT RESUBITTAL1/13/25PRELIMINARY PLAT RESUBMITTAL1/23/25PRELIMINARY PLAT RESUBMITTAL2/5/25PRELIMINARY PLAT RESUBMITTALPROJECT MANAGERDAVID KNAEBLECONTACT NUMBER763-234-7523DRAWN BYBNREVIEWED BYDJKPROJECT NUMBER1915248776David J. KnaebleLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.2/5/25Civil Engineering Surveying Landscape Architecture5000 Glenwood AvenueGolden Valley, MN 55422civilsitegroup.com 612-615-0060OWNER PUMPKIN CREEK DEVELOPMENT 9920 &9940 185TH STREET, LAKEVILLE, MN 55044 6001 GLENWOOD AVENUE, GOLDEN VALLEY, MN 55422 PETER KNAEBLEREVISION SUMMARYDATEDESCRIPTION0150'-0"75'-0"1" = 150'-0"NKnow what'sbelow.before you dig.CallRC2.1GHOST PLATPage 254 of 255 Date: 4/21/2025 Next City Council Meeting May 5, 2025 Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 255 of 255