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06-02-2025
AGENDA CITY COUNCIL MEETING June 2, 2025 - 6:00 PM City Hall Council Chambers Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join the meeting via Teams Meeting,Meeting ID: 233 404 537 029 or by calling Toll Number 1-323-433-2142; Conference ID: 660 796 843#. The mayor will allow for public comments and questions at the appropriate time. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a council member’s personal judgment. 1. Call to order, moment of silence and flag pledge 2. Roll Call 3. Citizen Comments 4. Additional agenda information 5. Presentations/Introductions a. Arenas Annual Report and Budget Presentation b. Park and Recreation Department Quarterly Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 05/19/2025 City Council Meeting c. Minutes of the 05/27/2025 Work Session d. Renewal of Liquor Licenses 2025 e. Transfer of Title - K9 Kilo f. Approval of the Cost Share Agreement with Dakota County for Voting Equipment Replacement g. Group Medicare Plan h. Approve ALF Ambulance 2026 Budget i. Resolutions Authorizing the Purchase of Real Property Located at 17622 Dodd Boulevard and Authorizing Funding j. Resolution of Support for Federal Safe Streets and Roads for all Grant Application k. Contract with Innovative Office Solutions to Supply and Install Furniture for the FiRST Center Page 1 of 301 City Council Meeting Agenda June 2, 2025 Page 2 l. Supplemental Agreement for Water Treatment Plant Alternative Study m. Accepting Donation from Lakeville Public Safety Foundation n. Garage size variance for 4824 171st Street o. Lord of Life Final Plat p. Amelia Meadows Final Plat q. Accept Bid and Award Construction Contract for Spyglass Park Phase II Improvements 7. Action Items a. Reserve at Cedar Creek Preliminary Plat and Easement Vacation 8. Unfinished Business 9. New Business 10. Announcements a. Next City Council Meeting is Monday, June 16, 2025 b. Next Work Session Monday, June 23, 2025 11. Adjourn Page 2 of 301 1 Page 3 of 301 2 Contents Transmittal Letter ................................................................................................................................................................... 3 2024 FINANCIAL SUMMARY .................................................................................................................................................... 5 2024 REVENUES .................................................................................................................................................................. 5 2024 Ice Rental Revenue ................................................................................................................................................. 5 2024 Programming & Admissions Revenue .................................................................................................................... 6 2024 Welcome Center Revenue ..................................................................................................................................... 6 2024 Miscellaneous Revenues ........................................................................................................................................ 7 2024 OPERATING EXPENSES ............................................................................................................................................... 7 2024 Salary Expense ....................................................................................................................................................... 8 2024 Other Operating Expenses ..................................................................................................................................... 8 2024 Interest & Debt Expenses ....................................................................................................................................... 9 2024 Net Profit/(Loss) ......................................................................................................................................................... 9 2024 Capital Reserve Fund.................................................................................................................................................... 10 2025 BUDGET AMENDED & 2026 BUDGET ........................................................................................................................... 12 2025 & 2026 REVENUE...................................................................................................................................................... 12 Total Net Revenue......................................................................................................................................................... 12 Ice Rental Revenue ........................................................................................................................................................ 13 Programming & Admissions Revenue ........................................................................................................................... 14 Welcome Center Sales Revenue ................................................................................................................................... 14 Other Miscellaneous Revenue ...................................................................................................................................... 15 2025 & 2026 EXPENDITURES ............................................................................................................................................ 15 2025 & 2026 Personnel Expenses ................................................................................................................................. 15 2025 & 2026 Operating Expenses ................................................................................................................................. 16 Contracted Services ...................................................................................................................................................... 17 2025 & 2026 PROFESSIONAL SERVICES ........................................................................................................................ 17 2025 & 2026 OTHER EXPENSES ..................................................................................................................................... 18 2025 & 2026 SUPPLIES .................................................................................................................................................. 18 2025 & 2026 UTILITIES .................................................................................................................................................. 19 2025 & 2026 Operating Capital Expense ...................................................................................................................... 20 2025 & 2026 NET EARNINGS/(LOSS) ............................................................................................................................. 20 2025 & 2026 Capital Reserve Fund ....................................................................................................................................... 21 2025 & 2026 Statement of Revenue & Expenditures ........................................................................................................... 22 Arena Debt ............................................................................................................................................................................ 25 Page 4 of 301 3 Transmittal Letter May 28, 2025 Lakeville Arenas Board members The Joint Powers Agreement requires the Board to approve an annual budget on a calendar year basis. The budget must set forth projected expenditures and revenues necessary to finance lease payments, fund the capital maintenance reserve and to maintain, operate, and manage the Arena Complexes. The budget must be submitted to the City and School District prior to June 1st. The Board must approve the budget prior to July 1. As such the proposed 2025 budget is hereby presented to the Board for their consideration and approval. The budget is comprised of the following funds for Lakeville Arenas to effectively manage its financial resources. x General (Operating) Fund. The General Fund accounts for the overall operations of the Lakeville Arenas. x Capital Reserve Fund. The Capital Reserve Fund was established to provide the financing of future equipment replacements and major facility repairs and improvements. The salient issues relating to the proposed budget for each of the respective funds are discussed in the sections attached hereto. Respectfully Submitted, _________________________________________ Joe Bergquist –Lakeville Arenas General Manager _________________________________________________________________________________________________________________________________________________________________________ rgggggggggggggggggggggggggggggggggggggggquququququququuquuququuuuuququuququuququququqqquuquqququqqqqququqqquqqqquqqqqqqqqqquqqqquqquqqququqqqqqquqqqqquuiisisisiisiisissisisississississsisssssssisssssissssisssssssiiisiiiiiiiiiiiit tttttttttttttttttttttttttttttttttttttttttt –Lakeville Arenas General M Page 5 of 301 4 2024 SUMMARY Page 6 of 301 5 2024 FINANCIAL SUMMARY The 2024 fiscal year marked Lakeville Arenas's 17th full year of joint operation under a Joint Powers Agreement between the City of Lakeville and Lakeville Area Schools. The agreement has enabled the Lakeville Arenas organization to offer opportunities to serve our residents and customers while minimizing the financial impact on taxpayers. Lakeville Arenas has paid for all its operating expenses with the revenue generated from ice rentals and other sources related to operating the ice arenas since its inception in 2006. 2023 marks yet another successful year of operations, with no taxpayer subsidies used to cover any of the daily operating expenses of the ice arenas. 2024 REVENUES Total adjusted net revenue for 2024 increased by $182,785, or 10%, compared to 2023. *Adjusted –An equipment (87,882) lease booking in revenue and expense with a net zero impact is removed for prior year comparison. 2024 Ice Rental Revenue Ice rentals increased by 170,407 or 15% despite no rate increase in 2024, due to having ice in all three indoor rinks for the entire year for the first time. The new Allina Health Pavilion Rink also opened in November, which accounted for 27,172 of the increased revenue. 2017 2018 2019 2020 2021 2022 2023 2024 Ice Rental - ISD 194 206,325 222,432 196,751 197,062 254,064 210,124 218,470 229,680 Ice Rental Other 271,389 253,187 287,498 61,172 228,408 402,052 442,215 522,801 Ice Rental - LHA 485,325 438,390 429,757 370,475 483,260 477,840 487,536 569,811 Total Ice Rentals 963,039 914,009 914,006 628,709 965,732 1,090,016 1,148,221 1,322,292 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 2024 ICE RENTAL REVENUE 2017 2018 2019 2020 2021 2022 2023 2024 Total Revenue 1,179,792 1,147,365 1,188,662 776,049 1,110,622 1,414,268 1,608,487 1,869,824 - 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 TOTAL REVENUE Page 7 of 301 6 2024 Programming & Admissions Revenue Programming and admissions revenue grew by 16%, or $36,923, to $272,382 for the year. 2024 Welcome Center Revenue Total Welcome Center Net Revenues increased by $43,763 or 31%. 2017 2018 2019 2020 2021 2022 2023 2024 Dry floor Rentals 24,685 28,533 17,553 9,245 5,113 20,021 10,237 - Arena Programming - - - - - 17,996 30,775 41,853 ISD 194 HS Game Gate Share 41,750 52,038 37,339 27,608 14,749 43,950 45,218 49,575 Admissions-Public Skating 12,207 12,207 23,066 6,030 11,959 35,971 45,883 63,479 Learn to Skate 53,183 58,260 62,503 33,128 73,061 85,253 103,346 117,475 Total Programing & Admisssions 131,825 151,038 140,461 76,011 104,882 203,191 235,459 272,382 10,000 60,000 110,000 160,000 210,000 260,000 2024 PROGRAMMING & ADMISSIONS REVENUE 2017 2018 2019 2020 2021 2022 2023 2024 Skate Rental 7,422 8,324 8,554 3,570 2,808 5,217 3,117 7,725 Skate Sharpening 6,668 6,223 5,964 2,700 637 5,283 4,363 14,650 Net Pro Shop Product Sales - - - - - 2,535 6,705 5,857 Net Food & Beverage Sales 25,973 25,134 26,118 13,377 10,360 72,486 127,090 156,806 Total Welcome Center 40063 39681 40636 19,647 13,805 85,521 141,275 185,038 - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000 2024 WELCOME CENTER REVENUE Page 8 of 301 7 2024 Miscellaneous Revenues Total Miscellaneous revenues were flat in 2024 and increased slightly by $6,580. 2024 OPERATING EXPENSES Operating expenses in 2024 rose by $280,539, consistent with revenue increases of $261,000. Increased operating expenses, covered by increased revenue, included significant inflationary expense across most expense categories, approximately $40,000 for the Arenas portion of the city's new financial systems software, and a new full-time programming position to manage and grow new revenue streams and programs for our customers and residents. Other increased expenses that the increased revenue paid for were approximately 30k of electrical upgrades for the new video boards purchased by LHA, and 25k for new tables and chairs for the Ames and Hasse lobbies, new concessions equipment, and considerable labor and supplies for the new outdoor rink amenities being constructed by Arena Staff. 2017 2018 2019 2020 2021 2022 2023 2024 Games-Vending Machines 5,713 6,598 6,376 5,146 881 1,677 3,149 3,190 Donations / Misc.4,861 1,502 51,189 31,304 24,465 6,202 3,310 8,807 Net Change in FV of Investments 2,197 5,485 13,276 10,266 (4,816) (15,802) 8,647 7,492 Interest on Investments - - - - - 4,317 18,221 19,959 Advertising Sales / Other 32,094 29,052 22,718 4,966 5,673 39,147 50,205 50,664 Total Other Arena Revenues 44,865 42,637 93,559 51,682 26,203 35,541 83,532 90,112 (15,000) 5,000 25,000 45,000 65,000 85,000 105,000 2024 OTHER MISC. REVENUE 2017 2018 2019 2020 2021 2022 2023 2024 TOTAL OPERATING EXPENSES 1,154,916 1,171,902 1,127,465 942,977 1,090,116 1,367,477 1,524,344 1,804,883 TOTAL OPERATING REVENUE 1,179,792 1,147,365 1,188,662 776,049 1,110,622 1,414,268 1,608,487 1,869,824 0 200,000 400,000 600,000 800,000 1,000,000 1,200,000 1,400,000 1,600,000 1,800,000 2,000,000 TOTAL OPERATING EXPENSES TO REVENUE Page 9 of 301 8 2024 Salary Expense 2024 Salary expense rose by $204,305 as planned due to continued growth and workloads. 2024 marked the first year we were fully staffed for all events and activities. Historically, Hasse Arena operated as a seasonal facility during peak seasons and did not require full-time staffing. Starting in 2024, the facility began offering ice rentals on a year-round basis rather than seasonally. This has required additional staffing and a progression in staffing levels as the facility's revenue and workload growand expand. In addition, the new Allina Health Pavilion Rink opened at Hasse in November and required additional staffing to operate the outdoor rink in winter. 2024 Other Operating Expenses 2024 Total operating expenses increased by 8% 2024. Operating supplies saw a 48% increase related to facility improvements, including new lobby tables and chairs, electrical supplies and equipment for the new video boards, new concessions equipment, and supplies associated with the amenities and work on the new outdoor rink at Hasse. Contract R&M was up due to electrical service work for the new video boards and the installation of the new skating treadmill space at Ames. 2017 2018 2019 2020 2021 2022 2023 2024 Salary Expenses & Benefits 81,827 84,662 84,328 72,562 66,623 98,678 83,616 119,132 Salaries - Full Time 202,168 174,244 191,079 157,428 155,819 250,056 217,936 317,060 Salaries - Part Time 134,976 157,427 148,379 103,871 153,135 141,394 250,893 320,558 Total Salary & Benefit Expenses 418,971 416,333 423,786 333,861 375,577 490,128 552,445 756,750 - 100,000 200,000 300,000 400,000 500,000 2024 SALARY EXPENSES p 2017 2018 2019 2020 2021 2022 2023 2024 Total Professional Expense 74,526 80,078 77,081 71,530 80,284 118,790 131,733 137,332 Total Contract R&M Expense 113,393 95,829 157,464 105,004 126,804 172,043 145,565 168,026 Total Supplies 45,567 50,568 49,382 36,304 71,727 88,202 122,182 180,694 Total Utilities Expense 260,667 288,463 274,523 242,566 262,583 343,064 309,123 283,666 Total Operating Expenses 494,153 514,938 558,450 455,404 541,397 722,099 708,603 769,718 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 800,000 900,000 2024 OTHER OPERATING EXPENSES Page 10 of 301 9 2024 Interest & Debt Expenses 2024 Debt expenses increased due to a capital lease and interest payment for a new Skid Steer purchased for snow removal on the Pavilion Rink that opened in November 2024. Other capital debt expenses include the Arenas' share of the Ames Parking Lot Improvements in 2020 (11,563) and the 2021 Energy Improvement Project (63,460). 2024 Capital Expenses Capital expenditures from the arena’s operating fund in 2024 included the monthly transfer to the capital fund, totaling 140,000. A capital purchase of $19,834 for a new trailer was made from the general fund to transport the new equipment purchased for clearing the new outdoor rink and parking lots at Ames and Hasse Arenas. 2024 Net Profit/(Loss) Lakeville Arenas must adopt a balanced budget annually as per Minnesota State Statute 412.711. Management budgets for a minimal margin, with any surplus remaining in the general operating fund or transferred to the capital reserve fund. Revenue exceeded expectations for the fourth consecutive year by 64,941 in 2024. Profits have been retained in the general operating fund for the past three years to recover losses incurred during the 2020 pandemic. Since the losses have now been recovered, half of the net profit for 2024 will be transferred to the capital reserve fund in 2025, which needs additional funds to help complete the new Pavilion Rink amenities The other fifty percent will remain in the general fund to increase reserves that are no longer equal to or greater than 6 months expenses due to the significant increases and growth that we have experienced. 2017 2018 2019 2020 2021 2022 2023 2024 Total Interest -------500 Total Capital Lease Expenses - - - - - - - 19,435 Total Major Maint. Debt Expense 88,626 88,626 - 3,353 12,142 14,125 76,335 75,023 Total Capital Outlay Opts Fund Expenses 23,166 22,055 10,229 15,359 21,000 1,125 46,961 19,834 Total Transfers to Capital Fund 142,000 150,000 130,000 130,000 135,000 140,000 140,000 140,000 Total Debt & Capital Expense 253,792 260,681 140,229 148,712 168,142 155,250 263,296 254,792 - 50,000 100,000 150,000 200,000 250,000 2024 DEBT & CAPITAL EXPENSES 2017 2018 2019 2020 2021 2022 2023 2024 Net Income (Loss)24,876 (24,537) 61,197 (166,928) 20,506 46,791 84,143 64,941 (200,000) (150,000) (100,000) (50,000) - 50,000 100,000 2024 Net Profit/Loss Page 11 of 301 10 2024 Capital Reserve Fund The Capital Reserve Fund provides a financial framework for replacing the arenas’ infrastructure as it ages, including ice resurfacers, vehicles, HVAC equipment, dehumidification systems, refrigeration systems, and other significant expenses not covered in the annual operating budget. In 2024, 210,000 was used to purchase a new Zamboni, and 44,995 was used for snow plowing equipment, which were needed for the new Allina Health Pavilion Rink. LAKEVILLE ARENAS RESERVE FUND 2017 2018 2019 2020 2021 2022 2023 2024 CAPITAL RESERVE FUND Actual Actual Actual Actual Actual Actual Actual Actual Revenues Transfers from Operating Fund 142,000 150,000 130,000 130,000 135,000 140,000 140,000 140,000 Other/Grants 71,000 - 17,641 - - - 250,000 Interest on investments 3,533 5,747 7,225 3,622 2,145 3,937 9,993 21,520 Total Revenues 216,533 155,747 154,866 133,622 137,145 143,937 399,993 161,520 Expenditures Purchases 210,000 Purchases 240,832 159,286 270,409 49,662 177,699 41,893 319,940 44,995 Total Expenditures 240,832 159,286 270,409 49,662 177,699 41,893 319,940 254,995 Fund Balance January 1 360,341 336,042 332,503 216,960 300,920 260,366 362,410 442,463 Net increase/(decrease)(24,299) (3,539) (115,543) 83,960 (40,554) 102,044 80,053 (93,475) Fund Balance December 31 336,042 332,503 216,960 300,920 260,366 362,410 442,463 348,988 Page 12 of 301 11 2026 BUDGET 2025 BUDGET AMENDED Proposed May 28, 2025 Page 13 of 301 12 2025 BUDGET AMENDED & 2026 BUDGET 2025 Budget Estimate & Amendment During the annual budgeting process, management prepares an estimated forecast and amendment for the current year's adopted budget, which was prepared the prior year. Current actual financial year-to-date results are combined with current trends, forecasted market conditions, unexpected expenses, and other factors that may have changed since the original budget was approved and adopted. The estimated amended budget is then used to assist in forecasting and creating the following year’s budget. The following includes a summary with details for the 2024 Estimated Budget Amendment, which combines actual results from the first quarter of 2025 with current or forecast changes that will impact the original 2025 budget. 2026 Budget The following also includes a summary with details for the 2026 budget using the most recent actual results of the current year budget estimate and amendment combined with forecasted future results based upon current trends, marketplace conditions, and planned or expected changes to events, activities, offerings, operating expenses, equipment replacement, and other facility improvements. 2025 & 2026 REVENUE Total Net Revenue The 2025 forecasted revenue will mark a significant milestone since we implemented an aggressive revenue growth and expansion plan in 2022. Net revenue is expected to double from the end of 2021 to the end of 2025. We started our revenue growth and expansion plan in 2022. As shown below, the total net revenue in 2025 is expected to exceed that of 2024 and the original 2025 budget by a significant margin. The current budget will be amended to reflect these changes. Details for specific changes to revenue streams are described below. *Both 2025 and 2026 graphs, summaries, details, and descriptions do not include revenue and capital expenses recorded for proper accounting of equipment leases for a new skid steer and mower that have a net zero effect on the budgets. These are shown on the income statements attached. 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt. Total Net Operating Revenue 1,188,662 776,049 1,110,622 1,414,268 1,608,487 1,869,824 2,007,726 2,211,286 2,352,249 Increase/Decrease (412,613) 334,573 303,646 194,219 261,337 137,902 203,560 140,963 Percent of Change -35% 43% 27% 14% 16% 7% 10% 6% (400,000) 100,000 600,000 1,100,000 1,600,000 2,100,000 TOTAL OPERATING REVENUE Page 14 of 301 13 Ice Rental Revenue The 2025 ice rental revenue budget estimate reflects the actual ice hours sold in the first quarter and ice currently reserved through December 31, 2025. LHA has experienced a significant increase in rentals due to a full year of outdoor ice, tryouts starting a week earlier, and their squirt tournament being moved to December to accommodate the MN Hockey World Juniors Youth Tournament, which begins on December 31 st on all three rinks. We are also experiencing a temporary increase in spring tournament rentals due to the closure of the Bloomington Ice Garden for construction this year. Some of those tournaments have indicated that they will likely return after their positive experience with our staff and amenities. We will increase ice rates for the 2025 and 2026 seasons, including a 7.7% increase in Prime Winter Season rates and a 10.5% increase in Summer 2026 rates. These increases will help offset some of the operating losses from the new Pavilion Rink and contribute to the funding of specific amenity improvements currently underway. The new rates are in accordance with the guidelines outlined in the Gaming Revenue Agreement currently in place with Lakeville Youth Hockey and a similar agreement with the Heritage Figure Skating Club. “AMENDMENT TO ARTICLE VI OF THE AGREEMENT. Article VI of the Agreement is hereby amended by adding a new Section 6.4 to read as follows: arenas and the prime winter rate shall never be more than ten dollars per hour higher than the highest one of the following arenas in any given year: Apple Valley Arenas, Bloomington Ice Garden, Burnsville Ice Center, Eagan Arenas, and Farmington Schmitz Maki Arena.” 24-25 WINTER 2025 SUMMER 25-26 WINTER 2026 SUMMER FACILITY PRIME NON-PRIME PRIME NON-PRIME PRIME NON-PRIME PRIME NON-PRIME Bloomington 258 175 206 175 265 193 237.5 193 Burnsville 270 200 240 240 280 110 250 250 Eagan 250 185 185 165 255 190 190 170 Farmington 285 225 245 245 305 245 Lakeville 260 160 195 195 280 180 210 210 AVERAGE 264.6 189 214.2 204 277 183.6 221.88 205.75 * Rates from the MN Ice Arena Managers Association published 5.6.25. *Apple Valley -Not Available 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt. 2026 Ice Rental - ISD 194 196,751 197,062 254,064 210,124 218,470 229,680 221,314 219,276 236,195 14% Ice Rental - LHA 429,757 370,475 483,260 477,840 487,536 569,811 545,610 669,334 720,968 43% Ice Rental Other 287,498 61,172 228,408 402,052 442,215 522,801 658,850 651,002 724,046 43% Total Ice Rentals 914,006 628,709 965,732 1,090,016 1,148,221 1,322,292 1,425,774 1,539,612 1,681,209 Total Increase/Decrease (3) (285,297) 337,023 124,284 58,205 174,071 103,482 217,320 141,597 (300,000) 200,000 700,000 1,200,000 1,700,000 ICE RENTAL REVENUE Page 15 of 301 14 Programming & Admissions Revenue The 2025 budget estimate for programming and admissions will decrease overall from the original budget. Programming will decrease due to changes planned for 2025, which are not scheduled to begin until 2026. The admissions revenue budgetwill be adjusted because of a change in the reporting of ice club memberships.High school game admissions have also been adjusted due to lower attendance this past winter. The Learn-to-Skate program will increase based on the increases to the winter and spring sessions this year, as well as the growth of the Aspire Program. A conservative increase has been budgeted for 2026. Arena programming is expected to increasedue to the introduction of our new Mite Day Camps in 2025 and the launch of our new tournaments in 2026. Welcome Center Sales Revenue 2024 Welcome Center Sales exceeded the original 2025 budget and continue trending even higher this year. The 2025 budget will be adjusted to reflect the increases of 2024 and current trends for this year. The 2026 budget is conservative. 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt.2026 Dry floor Rentals 17,553 9,245 5,113 20,021 10,237 - - 2,405 24,047 7% ISD 194 HS Game Gate Share 37,339 27,608 14,749 43,950 45,218 49,575 48,825 39,591 39,591 12% Admissions-Public Skating 23,066 6,030 11,959 35,971 45,883 63,479 65,574 49,370 49,370 15% Arena Programming - - - 17,996 30,775 41,853 80,067 65,689 82,111 25% Learn to Skate 62,503 33,128 73,061 85,253 103,346 117,475 121,912 130,984 137,533 41% TOTAL 140,461 76,011 104,882 203,191 235,459 272,382 316,378 288,039 332,653 Total Increase/Decrease (64,450 28,871 98,309 32,268 36,923 43,996 (28,339 44,614 (100,000) (50,000) - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 PROGRAMMING & ADMISSIONS REVENUE 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt.2026 Net Pro Shop - - - 2,535 6,705 5,878 8,292 2,628 3,790 2% Skate Rental 8,554 3,570 2,808 5,217 3,117 7,725 3,697 8,473 9,320 4% Skate Sharpening 5,964 2,700 637 5,283 4,363 14,650 6,123 17,369 18,237 9% Net Food & Beverage 26,118 13,377 10,360 72,486 127,090 156,806 160,637 167,971 178,101 85% Total Welcome Center 40,636 19,647 13,805 85,521 141,275 185,059 178,749 196,441 209,448 Total Increase/Decrease (20,989 (5,842) 71,716 55,754 43,784 (6,310) 17,692 13,007 - 50,000 100,000 150,000 200,000 250,000 Welcome Center Revenue Page 16 of 301 15 Other Miscellaneous Revenue Interest, FV of Investments, and Other Miscellaneous have been adjusted lower due to the current uncertainty in the financial markets. Advertising sales are up due to rate increases and new agreements sold starting in 2025. 2025 & 2026 EXPENDITURES 2025 & 2026 Personnel Expenses We are continuing our transition from part-time to full-time staffing as workloads increase due to the opening of the new Allina Health Pavilion Rink, new programming, and increased sales across the board. We are on track to hire a full complement of full-time driver supervisors in 2025, ensuring that all our facilities have a full-time, experienced supervisor working onsite during all our open hours, providing services to our residents and customers. We will also hire a new senior administrative assistant (Arenas Office Manager) in 2025 to help with the growing administrative duties from the growth and expansion. 2026 has one new full-time custodian position budgeted. When measuring and budgeting salary expenses, the percentage of revenue is a good indicator to monitor and analyze adequate staffing levels. Seasonal facilities with minimal business in the spring and summer throughout Minnesota can generally operate with a Part-Time staffing model, typically between 35% and 40%, with 1-3 full-time employees. A year-round facility with moderate spring and summer rentals is expected to operate between 40% and 45%, utilizing the same part-time staffing model. Facilities with full-time staffing models generally operate between 45% and 55% of revenue, depending on their spring and summer rental levels, programming, and other activities. Since implementing expansion and growth plans in 2022, revenues and workloads have increased substantially year-over- year, as shown above. Historically, before the expansion, Lakeville Arenas' other ice rental revenue, primarily from spring, summer, and fall pre-seasons, accounted for only 24-28% of total ice rentals year over year. In 2024, other ice rentals accounted for 40%; in 2025, they increase to 43%, indicating a significant rise in work hours and overall workload. Other ice rentals have expanded by 507,238, and new or expanded streams outside of ice rentals, including programming, activities, and concessions, have increased by 411,947. These new revenue sources, outside of LHA and the high school ice sales, are funding the planned transition to a full-time staffing model, which will provide significantly improved customer service and enhanced opportunities for our customers and residents. 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt.2026 Games-Vending Machines 6,376 5,146 881 1,677 3,149 3,190 3,396 1,477 - 0% Net Change in FV of Investments 13,276 10,266 (4,816) (15,802) 8,647 7,492 11,063 6,396 5,123 5% Donations/Other Misc.51,189 31,304 24,465 6,202 3,310 8,807 3,810 5,611 8,050 7% Interest on Investments - - - 4,317 18,221 19,959 19,752 16,818 13,410 12% Advertising Sales / Other 22,718 4,966 5,673 39,147 50,205 50,664 49,800 80,293 82,111 76% Total Other Arena Revenues 93,559 51,682 26,203 35,541 83,532 90,112 87,821 110,596 108,695 Total Increase/Decrease (41,877) (25,479) 9,338 47,991 6,580 (2,291) 22,775 (1,901) (16,000) 4,000 24,000 44,000 64,000 84,000 OTHER MISCELLANEOUS REVENUE Page 17 of 301 16 2025 Full-Time Positions 1. General Manager –Joe Bergquist 2. Operations Manager –Nick Ames 3. Recreation Programs Manager –Brennan Beese 4. Senior Administrative Assistant –New Hiring in Aug 5. Driver Supervisor/Maintenance –Jeff Zimmerman 6. Driver Supervisor –Cory Mogen 7. Driver Supervisor –Mike Sturlaugson 8. Driver Supervisor –Vacant / Hiring in Sept 2025 9. Driver Supervisor –Vacant / Hiring in Sept 2025 10. Driver Custodian –New 2026 2025 & 2026 Operating Expenses The changes to the 2025 operating estimate from the original budget are minimal. In the 2026 budget, expenses are budgeted to increase by 2% across the board. 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt. Full-Time Salaries 191079 157428 155819 250056 218116 317,060 492,911 533,492 726,628 Part-Time Salaries 148379 103871 153135 141394 250893 320,558 204,933 281,673 253,160 Total Employee Salaries 339458 261299 308954 391450 469009 637,618 697,843 815,166 979,788 Benefits & Other Expenses 84,328 72,562 66,623 98,678 83,616 119,132 215,924 178,865 230,535 Total Salary & Benefits 423,786 333,861 375,577 490,128 552,625 756,750 913,767 994,030 1,210,32 Percent of Revnue 35.7% 43.0% 33.8% 34.7% 34.3% 39.0% 46.0% 46.0% 48.0% 0 200000 400000 600000 800000 1000000 1200000 PERSONNEL EXPENSES 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt. 2026 Contracted Expenses 157,464 105,004 126,804 172,043 145,565 174,331 12,707 98,257 100,222 11% Professional Expense 67,678 63,061 67,656 91,516 88,377 103,467 101,572 102,689 104,742 12% Other Expenses - 3,353 12,142 14,125 76,960 132,502 155,290 124,471 126,961 14% Supplies Expense 49,382 36,304 71,727 88,202 122,182 180,694 173,458 189,884 177,302 20% Utilites Expense 274,523 242,566 262,583 343,064 309,123 283,666 360,332 366,998 376,338 42% Total Operating Supplies 549,047 450,288 540,911 708,950 742,207 874,660 803,359 882,299 885,565 Total Increase/Decrease (98,759) 90,623 168,038 33,257 132,453 (71,301) 78,940 3,266 (200,000) - 200,000 400,000 600,000 800,000 1,000,000 OPERATING EXPENSES Page 18 of 301 17 Contracted Services x Other Contractual expenses will drop significantly as the Arena will no longer have the significant costs for its share of the new city payroll and accounting systems rolled out in 2023 and 2024. x Contract equipment repair for 2025 and 2026 is expected to remain consistent with the 2024 level. x The contract building repair for 2025 is reduced from 2024, which included 30k for new video scoreboards. x The 2025 budget will be amended to remove the contracted snow removal, which is no longer an expense since we purchased the new equipment for the pavilion rink snow removal. We are also now doing our own snow removal for all our grounds. The proposed 2026 budget is expected to be comparable to the 2025 estimate. 2025 & 2026 PROFESSIONAL SERVICES Most professional services expenses are from liability insurance and fiscal agent fees. Liability insurance has risen sharply in the past several years, driven by the 8.1 million renovations in 2022 and again in 2024, with the opening of the new Allina Pavilion Rink at Hasse Arena. Fiscal agent fees cover the financial accounting, reporting, and Human Resources management that the city provides for Lakeville Arenas. g g 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt.2026 Other Contractual 10,939 8,838 20,880 59,029 63,539 53,596 14,689.55 16,914 17,252 17% Equip. R & M 3,402 12,873 15,464 17,059 10,946 17,048 15,105.30 17,899 18,257 18% Building R & M 122,114 72,231 72,912 73,561 51,507 96,632 64,682.19 63,444 64,713 65% Landscaping 690 318 260 1,733 225 - 5,250 - 0% Snow Removal 20,319 10,744 17,288 20,661 19,348 7,058 27,344 - 0% Total Contracted Expense 157,464 105,004 126,804 172,043 145,565 174,334 127,071 98,257 100,222 Total Increase/Decrease (52,460) 21,800 45,239 (26,478) 28,769 (47,263) (28,815) 1,965 (50,000) - 50,000 100,000 150,000 CONTRACT SERVICES 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt.2026 Advertising 6,247 1,169 4,985 6,407 335 416 369.34 1,006 1,026 1% Bank Charges 2,133 1,288 1,967 16,570 210 1,433 239.40 1,283 1,309 1% Personal Auto Use 230 12 - 122 - - 0.00 1,600 1,632 2% Audit 6,125 6,300 6,500 6,695 7,300 8,000 8,400 7,500 7,650 7% Liability Insurance 19,151 19,792 19,335 25,134 35,220 47,247 49,615 43,936 44,815 43% Fiscal Agent Fees 33,792 34,500 34,869 36,588 45,312 46,380 42,949 47,364 48,311 46% Total Professonial 67,678 63,061 67,656 91,516 88,377 103,476 101,572 102,689 104,742 Total Increase/Decrease (4,617) 4,595 23,860 (3,139) 15,099 (1,904) 1,116 2,054 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 90,000 100,000 PROFESSIONAL SERVICES Page 19 of 301 18 2025 & 2026 OTHER EXPENSES Schools and conferences have been increased to provide more professional training and licensing for full-time staff. As state law requires, several drivers are getting trained and licensed to operate the new boiler. Dues and subscriptions, which include software subscriptions for staff scheduling, ice scheduling, art and marketing, and other necessary subscriptions, will remain comparable to those in 2024. Major Maintenance is the Arena's operating share of the debt service on the 2020 parking lot replacement and the 2021 energy savings renovations. 2025 & 2026 SUPPLIES x Fuel expense has been adjusted in 2025 and 2026 as we are now performing snow plowing rather than contracting it out. We have also accounted for extra fuel for the construction equipment being used by staff on the pavilion rink amenities. x Water tower chemicals will increase significantly in 2025 and 2026 as the warranty, which included chemicals for the new Hasse Ice Plant, has expired. x Operating supplies include office and safety, rink equipment and ice paint, concessions and equipment, programming and equipment, and supplies for everyday operational needs. This category has experienced significant growth due to rapid expansion and the introduction of new revenue streams over the past three years. x In addition to the daily basic operating supply needs, we have been able to upgrade many of the aging supplies and equipment at the rinks due to the new revenue. These include concession equipment, floor scrubbers and other janitorial supplies, benches, tables, and chairs, radios, office furniture, shelving, ice edgers, rink dividers, new skate sharpeners, point-of-sale equipment, video monitors, and other project materials. x In 2025 and 2026, supplies and equipment will be needed for projects such as replacing rental skates and open skate equipment, continuing the replacement of aging concessions equipment, light show equipment for open skating, supplies for a new party room at Hasse, and equipment for the new pavilion rink activities. x Historically, the building and maintenance supplies have been low, as staff only perform minor repairs and maintenance. However, since transitioning to higher-qualified full-time staff and more operating funds are now available due to revenue expansion, staff perform many more repairs and maintenance tasks. Additionally, staff can now undertake significantly larger projects for facility improvements that would have been previously impossible. Some examples from the past three years include interior painting and branding of all three rinks, concessions remodeling, installation of the light show at Ames, adding space for a skating treadmill at Ames, landscaping at Ames, new rubber flooring, installing the low voltage wiring for sound system, light show, and video boards, plumbing upgrades, and other projects. gy g 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt.2026 Miscellaneous ----11,9256,8977,408166.49 170 0% Licenses & Taxes ------0204.30 208 0% Schools & Conferences ----6624,8294,7087,9358,0936% Dues and Subscruptions 9,387 6,999 12,601 22,893 19,968 15,072 16,710 16,012 16,333 13% Credit Card Fees ----22,18623,62323,41025,13125,63420% Major Maintenance - 12,142 14,125 14,125 76,335 75,023 75,710 75,023 76,523 60% Total Other Expenses 9,387 19,141 26,726 37,018 131,076 125,444 127,946 124,471 126,961 Total Increase/Decrease 9,754 7,585 10,292 94,058 (5,632) 2,502 (3,475) 2,489 (20,000) - 20,000 40,000 60,000 80,000 100,000 120,000 140,000 OTHER EXPENSES Page 20 of 301 19 x In 2025 & 2026, projects will or may include a new party room at Hasse, a new light show at Hasse, a patio area at Ames, a concessions remodel at Ames, improved bleachers at sight lines in rink 2, and pavilion rink amenities as the general fund can afford them. 2025 & 2026 UTILITIES Telephone service was adjusted in 2025 and 2026 to reflect the added service fees for the new public Wi-Fi systems. The gas allocation has been reduced from the original budget due to lower usage over the past few years. Electrical is trending much higher than anticipated due to the new Pavilion Rink and rate increases, and has been adjusted for 2025 and 2026. 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt.2026 Landscaping - - - - - 5,092 7,875 2,500 2,550 1% Computer Supplies 151 40 6,884 4,239 468 5,460 5,640 2,713 2,767 2% Clothing (Uniforms)2,473 - 4,851 36 5,725 1,470 3,675 5,051 5,152 3% Motor Fuels 565 223 463 872 959 2,830 1,165 5,986 6,106 3% Equipment Parts 2,688 541 2,549 758 - 33,701 - 5,073 5,175 3% Small Tools & Equipment 305 260 5,432 4,957 10,336 11,195 11,688 9,674 9,867 6% Signs (Ad Sales/Marketing)- - - - - - - 11,516 11,746 7% Maintenace (Jantorial)10,708 8,802 5,617 8,231 9,928 12,651 10,210 12,816 13,072 7% Chemicals (Ice Plants)- - - - 7,191 11,992 12,275 18,862 19,240 11% Operating Supplies/Equip 18,480 25,486 25,647 36,547 41,745 80,972 58,717 53,535 47,405 27% Building Supplies 14,012 952 20,284 32,562 45,830 15,331 62,214 62,158 54,221 31% Total Supply Expenses 49,382 36,304 71,727 88,202 122,182 180,694 173,459 189,884 177,302 Total Increase/Decrease (13,078 35,423 16,475 33,980 58,512 (7,235) 16,426 (12,582) (10,000) 40,000 90,000 140,000 190,000 SUPPLIES 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt.2026 Telephone 1,980 3,296 3,315 3,029 3,389 4,138 3,816 4,940 7,039 2% Waste Disposal 11,241 9,374 4,546 6,799 7,350 7,962 8,076 9,272 9,457 3% Water 16,076 16,510 18,744 25,278 30,085 31,572 32,302.8 32,054 32,695 9% Gas Service 57,458 41,714 56,885 95,835 74,496 60,230 101,101. 65,465 66,775 18% Electric Service 187,768 171,312 179,093 212,123 193,803 179,764 215,035. 255,267 260,372 69% Total Utility Expenses 274,523 242,206 262,583 343,064 309,123 283,666 360,332 366,998 376,338 Total Increase/Decrease (32,317 20,377 80,481 (33,941 (25,457 76,666 6,666 9,340 (25,000) 25,000 75,000 125,000 175,000 225,000 275,000 325,000 375,000 UTILITIES Page 21 of 301 20 2025 & 2026 Operating Capital Expense The amended 2025 Capital Outlay includes 13,869 for a new overhead garage door, 11,230 for a new gate installed on rink 1, 15,010 for new public WI-FI routers and equipment, and 33,693 for capital lease payments for the new skid steer and John Deere mower for snow removal on the new rink. It also includes $ 50,000 specifically allocated from the rate increase, which will be used for pavilion rink amenities. The 2026 budget includes an additional $50,000 from the rate increases for pavilion rink amenities, $ 6,000 for two laptops that needed replacement, and $33,693 for equipment leases. 2025 & 2026 NET EARNINGS/(LOSS) The 2025 estimated and amended budget has been adjusted to reflect the most recent actual financial information. Lakeville Arenas must adopt a balanced budget annually as per Minnesota State Statute 412.711. Management budgets for a minimal margin, with any surplus remaining in the general operating fund or transferred to the capital reserve fund. Over the past four years, revenue has consistently exceeded expectations, driven by new or expanded revenue streams. Most of those profits have remained in the general operating fund to recoup the losses seen during the pandemic in 2020. Starting in 2024, 50% of the net profits will be allocated to the general fund, and 50% will be transferred to the capital reserve fund for facility improvements. 2019 2020 2021 2022 2023 2024 2025 Bgt. 2025 Est. 2026 Bgt. Capital Outlay Buildings ------40,00025,09920,000 Capital Outlay Machinery/Equip.15,229 20,359 26,000 - 46,961 107,716 10,000 60,126 - Capital Outlay Others -------50,00050,000 Capital Outlay Computers - - - 1,125 - - - 16,000 6,000 Capital Lease Payments -----19,435-33,69333,693 Interest -----500--- Transfer to Capital Reserve Fund 130,000 130,000 135,000 140,000 140,000 140,000 140,000 140,000 140,000 Total Debt & Capital Expense 145,229 150,359 161,000 141,125 186,961 267,651 190,000 324,918 249,693 - 50,000 100,000 150,000 200,000 250,000 300,000 350,000 OPERATING CAPITAL EXPENSES 2019 2020 2021 2022 2023 2024 2025 Bgt 2025 Bgt Est.2026 Bgt. NET REVENUE 1188662 776049 1,110,622 1,414,268 1,608,487 1,957,706 2,007,727 2,228,373 2,355,859 EXPENDITURES 1127465 942977 1,090,116 1,367,477 1,524,344 1,892,765 1,994,148 2,224,747 2,354,551 NET EARNINGS 61197 -166928 20506 46791 84143 64941 13578 3626 1307.98 -150000 100000 350000 600000 850000 1100000 1350000 1600000 1850000 2100000 2350000 NET EARNINGS Page 22 of 301 21 2025 & 2026 Capital Reserve Fund The purpose of the Capital Reserve Fund is to provide a financial framework for replacing the arena infrastructure as it ages, including, but not limited to, ice resurfacers, vehicles, HVAC equipment, dehumidification, refrigeration systems, new equipment, facility improvements, and other major expenses and projects not afforded in the annual operating budget. The 2025 Capital Reserve Fund Estimate and Amended Budget Proposal includes an additional revenue of $32,471 to be transferred from the operating fund's 2024 net earnings. Additional expenses include $250,000 for the Pavilion Rink Amenities, $32,000 for replacing water heaters at Ames Arena with a new Fast Ice Water System, and $20,000 for new rental skates. The 2026 Capital Reserve Budget has no items budgeted, as needs are not yet known and depend on how much of the pavilion rink amenities remain to be completed after 2025. It will likely need to be amended at the beginning of 2026. LAKEVILLE ARENAS 2019 2020 2021 2022 2023 2024 2025 2025 2026 CAPITAL RESERVE FUND Actual Actual Actual Actual Actual Actual Adopted Amended Proposed Revenues Transfers from Operating Fund 130,000 130,000 135,000 140,000 140,000 140,000 140,000 140,000 140,000 Other/Grants 17,641 - - - 250,000 10,000 32,471 - Interest on investments 7,225 3,622 2,145 3,937 9,993 21,520 9,993 21,520 21,520 Total Revenues 154,866 133,622 137,145 143,937 399,993 161,520 159,993 193,991 161,520 Expenditures Capital Purchases -Buildings 177,699 32,000 Capital Purchases -Machinery/Equip. 270,409 49,662 41,893 210,000 20,000 Capital Purchases -Other 319,940 44,995 250,000 Capital Purchases -Computers Total Expenditures 270,409 49,662 177,699 41,893 319,940 254,995 - 302,000 - Fund Balance January 1 332,503 216,960 300,920 260,366 362,410 442,463 342,456 348,988 240,979 Net increase/(decrease) (115,543) 83,960 (40,554) 102,044 80,053 (93,475) 159,993 (108,009) 161,520 Fund Balance December 31 216,960 300,920 260,366 362,410 442,463 348,988 502,449 240,979 402,499 2019 2020 2021 2022 2023 2024 2025 Budget 2025 Estima te 2026 Fund Balance Beginning of Year 501,313 562,510 395,582 416,088 462,881 579,496 547,025 547,025 583,575 Fund Balance End of Year 562,510 395,582 416,088 462,881 547,025 579,496 593,083 583,575 590,242 - 100,000 200,000 300,000 400,000 500,000 600,000 700,000 OPERATING FUND BALANCES Page 23 of 301 22 2025 & 2026 Statement of Revenue & Expenditures LAKEVILLE ARENAS 2026 BUDGET Proposed May 28, 2025 FUND 8970 LAKEVILLE ARENAS 2024 2025 2026 STATEMENT OF REVENUE & EXPENSES ACTUAL BUDGET AMENDED BUDGET AUDITED PROPOSED 5/28 PROPOSED 5/28 REVENUE OTHER GRANTS 0.00 0.00 0.00 CONVENIENCE FEE (CR CARDS) 0.00 4,032.43 4,032.43 GENERAL GOVT SERVICE CHARGE 0.00 0.00 0.00 FINANCE CHARGES 0.00 0.00 0.00 INSURANCE REFUNDS/REBATES 0.00 2,439.00 2,439.00 INTEREST ON INVESTMENTS 19,959.00 16,817.88 13,410.29 NET CHG IN FV OF INVESTMENTS 7,492.00 6,396.28 5,123.21 PROCEEDS ON SALE OF PROPERTY 0.00 0.00 0.00 DONATIONS 0.00 0.00 0.00 VENDING MACHINE REVENUE 3,190.00 1,477.38 0.00 CASH OVER/SHORT 0.00 0.00 0.00 OTHER 8,807.00 5,611.09 5,611.09 ICE RENTAL - LHA 569,811.00 669,333.76 720,967.74 ICE RENTAL - ISD 194 229,680.00 219,275.75 236,194.69 ICE RENTAL - OTHER 522,801.00 651,002.31 724,046.29 LAKEVILLE SKATING ACADEMY - LTS 117,475.00 130,984.17 137,533.38 PUBLIC ADMISSIONS 63,479.00 49,370.02 49,370.02 HS GAME ADMISSIONS 49,575.00 39,591.20 39,591.20 ARENA ADVERTISING SALES 50,664.00 80,293.41 88,322.75 ARENA CONCESSION SALES 156,806.00 269,849.81 296,834.79 PRO SHOP SALES 5,857.00 6,890.96 7,580.06 SKATE SHARPENING 14,650.00 17,369.00 18,237.45 ARENA PROGRAMMING 41,853.00 65,689.12 82,111.40 SKATE RENTAL 7,725.00 8,472.70 9,319.97 ARENA DRY FLOOR ACTIVITIES 0.00 2,404.72 24,047.20 LEASE/RENTAL REVENUE 87,882.00 70,126.27 10,000.00 TOTAL REVENUE 1,957,706.00 2,317,427.26 2,474,772.96 COST OF GOODS ICE ARENA PRO SHOP COGS 0.00 4,262.48 3,790.03 ICE ARENA CONCESSIONS COGS 0.00 101,878.67 118,733.92 TOTAL COST OF GOODS 0.00 106,141.15 122,523.94 NET REVENUE 1,957,706.00 2,211,286.11 2,352,249.02 PERSONNEL EXPENDITURES SALARIES PERMANENT - REGULAR 313,454.00 518,272.51 699,607.18 SALARIES PERMANENT - OVERTIME 3,606.00 15,219.71 27,020.79 SALARIES PART-TIME - REGULAR 261,987.00 218,758.76 202,637.39 Page 24 of 301 23 SALARIES PART-TIME - OVERTIME 2,432.00 2,035.00 4,963.93 SALARIES TEMPORARY 56,139.00 60,879.53 45,559.15 TOTAL PERSONNEL SALARY EXPENSE 637,618.00 815,165.51 979,788.45 PERA - REGULAR 37,325.00 57,754.96 73,484.13 FICA/MEDICARE 48,814.00 61,473.39 73,484.13 PAID FAMILY MEDICAL LEAVE TAX 0.00 0.00 0.00 EMPLOYEE INSURANCE 0.00 0.00 0.00 MEDICAL INSURANCE 12,453.00 30,649.46 54,000.00 LIFE AND DISABILITY INSURANCE 216.00 551.60 562.63 LONG TERM DISABILITY 519.00 1,578.89 1,610.47 DENTAL INSURANCE 835.00 1,795.07 1,830.97 WORKERS COMPENSATION INSURANCE 18,345.00 23,586.31 24,058.04 UNEMPLOYMENT COMPENSATION 562.00 1,000.00 1,020.00 FSA PLAN 63.00 475.25 484.76 PAYROLL CONTINGENCY 0.00 0.00 0.00 TOTAL PERSONNEL OTHER EXPENSE 119,132.00 178,864.94 230,535.13 TOTAL PERSONNEL EXPENSE 756,750.00 994,030.46 1,210,323.58 Percent of revenue 39% 43% 49% SUPPLY EXPENSES OPERATING SUPPLIES 80,972.00 53,534.80 47,405.50 MOTOR FUELS 2,830.00 5,986.46 6,106.19 BUILDING MAINTENANCE SUPPLIES 12,651.00 12,815.78 13,072.10 CLOTHING 1,470.00 5,050.80 5,151.82 CHEMICALS 11,992.00 18,862.38 19,239.63 EQUIPMENT PARTS 33,701.00 5,073.29 5,174.76 BUILDING MAINTENANCE SUPPLIES 15,331.00 62,157.93 54,221.09 LANDSCAPING MATERIALS 5,092.00 2,500.00 2,550.00 SIGNS AND STRIPING SUPPLIES 0.00 11,516.14 11,746.46 SMALL TOOLS & EQUIPMENT 11,195.00 9,673.95 9,867.43 COMPUTER SUPPLIES 5,460.00 2,712.96 2,767.22 TOTAL SUPPLY EXPENSES 180,694.00 189,884.49 177,302.18 Percent of revenue 9% 9% 8% PROFESSIONAL SERVICES PROFESSIONAL FEES 0.00 0.00 0.00 ATTORNEY FEES 0.00 0.00 0.00 FISCAL CONSULTANT FEES 46,380.00 47,364.00 48,311.28 BANK CHARGES 1,433.00 1,283.05 1,308.71 AUDIT 8,000.00 7,500.00 7,650.00 USE OF PERSONAL AUTO 0.00 1,600.00 1,632.00 ADVERTISING 416.00 1,005.69 1,025.80 GENERAL LIABILITY INSURANCE 47,247.00 43,935.96 44,814.68 TOTAL PROFESSIONAL SERVICES 103,476.00 102,688.70 104,742.47 Percent of revenue 5% 5% 4% UTILITIES EXPENSE UTILITY ENERGY SAVINGS 0.00 0.00 0.00 ELECTRIC SERVICE 179,764.00 255,266.67 260,372.00 GAS SERVICE 60,230.00 65,465.30 66,774.61 WATER 31,572.00 32,054.36 32,695.45 WASTE DISPOSAL 7,962.00 9,271.61 9,457.04 Page 25 of 301 24 TELEPHONE 4,138.00 4,939.77 7,038.57 POSTAGE 0.00 0.00 0.00 TOTAL UTILITIES 283,666.00 366,997.71 376,337.66 Percent of revenue 14% 17% 16% CONTRACTUAL EXPENSES OTHER CONTRACTUAL 53,596.00 16,914.00 17,252.28 CONTRACT EQUIPMENT REPAIR 17,048.00 17,898.90 18,256.88 CONTRACT BUILDING REPAIR 96,632.00 63,443.95 64,712.83 CONTRACT LANDSCAPING 0.00 0.00 0.00 CONTRACT CLEANING 750.00 0.00 0.00 TOTAL CONTRACT EXPENSES 168,026.00 98,256.85 100,221.99 Percent of revenue 9% 4% 4% OTHER MISC. EXPENDITURES SOFTWARE SUBSCRIPTIONS 0.00 0.00 0.00 RENTS 0.00 0.00 0.00 MAJOR MAINTENANCE 75,023.00 75,022.50 76,522.95 MISCELLANEOUS 6,897.00 166.49 169.82 SCHOOLS AND CONFERENCES 4,829.00 7,934.50 8,093.19 MEETING EXPENSES 0.00 0.00 0.00 DUES AND SUBSCRIPTIONS 15,072.00 16,012.36 16,332.61 LICENSES AND TAXES 0.00 204.30 208.39 SNOW REMOVAL 7,058.00 0.00 0.00 CREDIT CARD FEES 23,623.00 25,131.12 25,633.74 BAD DEBTS/CHECKS 0.00 0.00 0.00 TOTAL OTHER MISC. EXPENSES 132,502.00 124,471.27 126,960.70 Percent of revenue 7% 6% 5% CAPITAL EXPENSES CAP OUTLAY BUILDINGS 0.00 25,098.77 20,000.00 CAP OUTLAY MACHINERY/EQUIPMENT 107,716.00 60,126.27 0.00 CAP OUTLAY OTHER IMPROVEMENTS 0.00 50,000.00 50,000.00 CAPITAL OUTLAY COMPUTERS 0.00 16,000.00 6,000.00 CAPITAL LEASE PAYMENTS 19,435.00 33,692.82 33,692.82 INTEREST 500.00 0.00 0.00 TO ESCROW FUNDS 140,000.00 140,000.01 140,000.01 TOTAL CAPITAL EXPENSES 267,651.00 324,917.87 249,692.83 Percent of revenue 14% 15% 11% TOTAL EXPENDITURES 1,892,765.00 2,201,247.35 0.00 REVENUE/EXPENSE SUMMARY TOTAL REVENUES 1,957,706.00 2,317,427.26 2,474,772.96 TOTAL COST OF GOODS 0.00 106,141.15 122,523.94 TOTAL EXPENDITURES 1,892,765.00 2,201,247.35 2,345,581.41 NET EARNINGS/LOSSES 64,941.00 10,038.77 6,667.60 Percent of revenue 3% 0% 0% Page 26 of 301 25 Arena Debt The Hasse Arena construction was initially financed with a 2006 Lease Revenue Bond issued by the Lakeville Housing and Redevelopment Authority. The debt is being repaid with property taxes levied by the City of Lakeville and Independent School District 194. The 2006 bonds were advanced refunded by HRA Lease Revenue Refunding Bonds, Series 2016A. The HRA2016A debt was refunded in April 2022. See details below. In June 2020, the Lakeville City Council authorized debt issuance (approximately $770,000) for the Ames Arena parking lot improvements. The competitive sale took place on July 20 and closed on August 13. The bonds were issued with a premium of $145,777, which was used to reduce the amount of debt issued to $620,000. The actual interest cost was 0.83%. The debt principal will be paid by the Lakeville Hockey Association (LHA) and the Heritage Figure Skating Club (HFSC) contributions. Lakeville Arenas will pay interest. LHA and HFSC will pay the par plus premium. On November 16, 2020, the Lakeville City Council authorized the issuance of debt (approximately $8 million) to fund the APEX energy savings improvement projects at the Ames and Hasse Arenas. The competitive sale occurred on January 19, 2021, and closed on February 16, 2021. The bonds were issued with a premium of $313,284, which was used to reduce the amount of debt issued to $7,770,000. The actual interest cost was 1.48%. The debt will be repaid using property taxes and revenues from Independent School District #194 per a Joint Powers Agreement approved in August 2020. Per the JPA the debt and debt-related costs are paid 50/50 by the City and ISD#194. On February 7, 2022, the City Council authorized the issuance of Taxable General Obligation Bonds, Series 2022B, to refund the HRA Lease Revenue Refunding Bonds, Series 2016A (noted above) and provide funding for constructing a new outdoor rink at the Hasse Arena. The sale of the bonds was held on March 7, 2022, and closed on April 5, 2022. The actual interest cost was 2.69%. The refunding resulted in savings of approximately $130,000 over the term of the bonds. An amended and restated joint powers agreement to address the payment of the refunding portion of the 2022B bonds was approved by ISD#194 and the City of Lakeville in February 2022. Agreements are finalized with the Lakeville Hockey Association (LHA) and Heritage Figure Skating Club (HFSC) for additional contributions for debt repayment of the bonds issued for the new outdoor rink. Conclusion We are confident that we are well-positioned to implement the 2026 budget as proposed and have alternative plans in place for any unforeseen circumstances that could adversely affect the budget outcome. We have expected increases in revenues from the addition of tournaments and camp activities. Additional events for dry-floor rentals and activities on the outdoor pavilion rink have been budgeted conservatively due to the difficulty in forecasting new programs without historical experience or data. Therefore, we expect the net revenue to be higher than currently proposed and will update it next year during the 2026 amended budget estimate. The proposed operating budget is consistent with the Joint Powers Agreement's purpose of "… operating and managing the Arena Complex in the best interests of the community.” The organization will continue to pursue entrepreneurial endeavors to maximize the return on public investment. Respectfully submitted, Joe Bergquist Arenas General Manager Page 27 of 301 Date: 6/2/2025 Check Register Summary 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 28 of 301 MINUTES CITY COUNCIL MEETING May 19, 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 PM. 2. Roll Call Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; Joe Masiarchin, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Taylor Snider, Assistant to the City Administrator; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director 3. Citizen Comments Greg Brown 20380 Lynn Dr., Prior Lake, MN Mr. Brown shared concerns about 205th Avenue that included safety issues for traffic and pedestrians, and he would also like to know when the road will be repaired. 4. Additional agenda information 5. Presentations/Introductions a. Lakeville Soccer Donation Parks Director Joe Masiarchin gave an overview of what the Lakeville Soccer Club has donated to the parks and introduced Peter Tyma, a board member of the Lakeville Soccer Club. Mr. Tyma presented a check to Council and discussed the AEDs that would be installed with the donation. b. ALS Awareness Month Councilmember Wolter read the ALS Awareness Month proclamation. 6. Consent Agenda Motion was made by Volk, seconded by Bermel, to approve the following: Consent Agenda Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter a. Check Register Summary Page 29 of 301 City Council Meeting Minutes May 19, 2025 Page 2 b. Minutes of the 04/28/2025 Work Session Meeting c. Minutes of the 05/05/2025 City Council Meeting d. Contract for Annual Hydrant Painting e. Kenrick Corner Second Addition Development Contract and Stormwater Maintenance Agreement f. Agreement with Met-Con Construction for Fine Arts Building Renovation & Improvements g. Proposal from Continental Clay Company for the Purchase of a Gas Kiln h. Resolutions Awarding Construction Contract and Authorizing Funding for North Creek Greenway Crossing at 170th Street i. Fire Service Agreement j. Antlers Ridge 2nd Addition Final Plat and Related Agreements k. South Metro Safe and Vault Interim Use Permit l. Confirmation of Planning Commission Chair m. Extension of On-Sale Liquor License Babe's Sportsbar and Grill Pan-O-Prog Events n. Accept Donation of Real Property o.Brookshire 4th Addition Final Plat Page 30 of 301 City Council Meeting Minutes May 19, 2025 Page 3 7. Action Items a. Public Hearing on the application for LD Designs LLC dba "Board and Brush" for a Consumption and Display Permit No comments were made. Motion was made by Bermel, seconded by Wolter, to close the public hearing. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Motion was made by Lee, seconded by Wolter, to approve the following: grant a Consumption and Display Permit for LD Designs LLC dba Board and Brush located at 20770 Holyoke Avenue. Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter b. Heritage Commons 9th Addition Preliminary Plat and Easement Vacation Economic Development Director Tina Goodroad gave an overview of the plans for the site. The planning commission unanimously recommended approval by Council. Motion was made by Bermel, seconded by Wolter, to approve the following: a resolution approving the Heritage Commons 9th Addition preliminary plat, and vacation of drainage and utility easements. 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 Work Session Meeting Tuesday, May 27, 2025 b. Next City Council Meeting Monday, June 2, 2025 11. Adjourn Motion was made by Volk, seconded by Lee, to adjourn. Voice vote was taken on the motion. Ayes – None Mayor Hellier adjourned the meeting at 6:16 PM. Respectfully Submitted, Page 31 of 301 City Council Meeting Minutes May 19, 2025 Page 4 Taylor Snider, Deputy City Clerk Luke M. Heller, Mayor Page 32 of 301 MINUTES CITY COUNCIL WORK SESSION May 27, 2025 - 6:00 PM Lakeville City Hall, Marion Conference Room 1.Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 06:00 P.M. Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Julie Stahl, Finance Director; Joe Masiarchin, Parks & Recreation Director; Susan Johnson, Recreation Manager; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Tina Goodroad, Community Development Director; Zach Johnson, City Forester; Grace Benson; Forestry Technician. 2.Citizen Comments None 3.Discussion Items a.Recreation and Heritage Center Strategic Plan Overview Parks and Recreation Director Joe Masiarchin and Recreation Manager Susan Johnson presented the Recreation and Heritage Center Strategic Plan Overview. The plan was developed through a two-day strategic planning workshop facilitated by Aurora Consulting, involving staff from Parks Administration, Recreation, Parks, the Heritage Center, and members of the Parks, Recreation, and Natural Resources Committee (PRNRC). The strategic planning process focused on evaluating the departments’ current operations, identifying barriers to success, and outlining future goals and implementation timelines. Key challenges discussed included branding gaps, limited facility space, maxed-out staff resources, and the need to adapt to a growing and changing population, particularly in the context of shifting generational demographics and increased cultural diversity. The group recognized substantial growth and the need for a clearer organizational identity. Four strategic directives were identified: 1. Exploring new funding opportunities 2. Reviewing current facility use and planning for future needs 3. Optimizing programming to meet evolving community expectations 4. Assessing staff responsibilities and expanding volunteer involvement Page 33 of 301 City Council Work Session Minutes May 27, 2025 Page 2 During the presentation, the City Council inquired about partnerships with local programming competitors and maximizing open spaces in the community. The discussion also touched on how programming changes, like the popularity of pickleball, impact service models. Staff emphasized the importance of adapting to serve multiple generations and highlighted efforts to engage younger residents while also exploring partnerships across all three local school districts. b.Discuss potential amendments to Tree Preservation Ordinance Community Development Director Tina Goodroad, along with City Forester Zach Johnson and Grace Benson, presented proposed amendments to Lakeville’s Tree Preservation Ordinance. The initiative aims to strengthen tree preservation and reforestation efforts, particularly as future developments are expected to occur increasingly on wooded properties. The current ordinance lacks clear requirements for preservation or replacement. The proposed revisions establish removal thresholds (50% for residential and 70% for commercial/industrial), define tree classifications (e.g., common, conifer, hardwood, deciduous, and heritage trees), and set detailed replacement standards based on the type and size of trees removed. Heritage trees have a 0% removal threshold and preserving them can reduce replacement obligations. A key addition to the ordinance is the "look back" provision, which is designed to prevent pre-emptive tree clearing before a development application. Under this rule, if more than two acres of tree canopy are cleared within two years prior to submitting a development application, the site will still be subject to tree replacement requirements based on the removed canopy area. This ensures that preservation efforts cannot be avoided through early clearing and reinforces accountability in site development. The draft ordinance was reviewed in a joint work session with the Planning Commission and Parks, Recreation, and Natural Resources Committee in February, where members supported enhancements like citywide applicability and cash-in-lieu options for replacement. Feedback from developers has been generally positive. Financial case studies of projects like Caslano and The Preserve were used to show potential cost impacts at various removal thresholds, depending on the project scope. The City Council was in favor of the proposed incentives to help preserve the trees and directed staff to finalize the draft ordinance with an adjustment of a 40% threshold for residential and return with refined recommendations incorporating all collected feedback. c.1st Quarter 2025 Financial Report Finance Director Julie Stahl presented the First Quarter 2025 Financial Report. Revenues and expenditures across the General, Communications, Liquor, and Utility Funds are generally tracking within budget. Building permit activity remains strong, and parks and recreation revenues are up. Liquor sales are down 5.6% from 2024, reflecting retail market trends, but expenses remain low. Utility revenues increased due to rate adjustments and customer growth. Council asked how reductions in federal funding to the County might impact local Page 34 of 301 City Council Work Session Minutes May 27, 2025 Page 3 services. Staff and noted that Dakota County will begin charging for previously free services. Staff were asked to monitor these changes going forward. Overall, the City remains in a stable financial position. 4.Items for Future Discussion Council member Wolter requested a future discussion on the regulations of chickens. Mayor Hellier requested a discussion on trash hauling in the city. 5.Committee/ City Administrator Updates Bermel: Attended the Dakota 911 Board of Directors meeting. Volk: Attended a Downtown Business Association Meeting. Lee: Attended the recent ALF Ambulance Board meeting. City Administrator Justin Miller added that next month, the City Council will have an interactive tabletop exercise/discussion. 6.Adjourn Motion was made by Bermel, seconded by Lee, to adjourn at 7:36 P.M. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Heller, Mayor Page 35 of 301 Date: 6/2/2025 Renewal of Liquor Licenses 2025 Proposed Action Staff recommends adoption of the following motion: Move to grant on-sale liquor, club liquor, wine, 3.2% malt liquor, on-sale brewpub, off-sale brewpub, taproom, and small brewer off-sale malt liquor licenses effective July 1, 2025, through June 30, 2026 for entities and licenses identified in the staff report, subject to providing the required certificate of insurance. Overview All liquor licenses expire on June 30th. In April, renewal application packets and invoices were mailed to each license holder. The applications were reviewed, and a spreadsheet documenting pertinent information is attached. All applicants indicated that real estate taxes, assessments, or other financial claims of the City or State have been paid on their property. Several license holders are working with their insurance agents to finalize liquor liability coverage for the 2025-2026 renewal period. Any licenses with unresolved issues will be held until everything is in order. Supporting Information 1. Renewal Spreadsheet 25-26 Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Ann Orlofsky, City Clerk Page 36 of 301 LICENSEE LICENSE TYPE FEE LIQUOR LIABILITY WORK COMP TAXES PAID SALES TAX REPORT CATERING PERMIT PATIO 2 AM CLOSING GAMBLING ANGRY INCH BREWING TAPROOM BREWER 300 50 YES YES YES N/A NO YES NO NO B-52 BURGERS & BREW LIQUOR 7200 YES YES YES N/A YES YES NO LHA BABE’S SPORTSBAR LIQUOR 7200 YES YES YES N/A NO YES YES LFA BALDY’S TAILGATE BAR LIQUOR 7200 YES YES YES N/A YES YES LFA BARLEY & VINE LIQUOR 7200 YES YES YES N/A NO YES NO NO BOWLERO LIQUOR 7200 YES YES YES N/A NO NO YES NO BRACKETT’S CROSSING LIQUOR 7200 YES YES YES N/A NO YES NO NO BUFFALO WILD WINGS LIQUOR 7200 YES YES YES N/A NO YES NO LFA CARBONE’S LIQUOR 7200 YES YES YES N/A NO YES NO LIONS CHART HOUSE LIQUOR 6450 YES YES YES N/A YES NO LHA CRACKER BARREL BEER/WINE 1100 YES YES YES N/A NO NO NO NO CRYSTAL LAKE GOLF LIQUOR 6450 YES YES YES YES YES YES NO NO DAKOTA CURLING CLUB 700 YES YES YES N/A NO NO NO NO EL PARIAN MEXICAN LIQUOR 7200 YES YES YES N/A NO YES YES NO EMAGINE THEATER LIQUOR 6450 YES YES YES YES NO NO NO NO FARMERS GRANDSON EATERY LIQUOR 7200 YES YES YES N/A NO YES NO NO GOODFELLAS LIQUOR 7200 YES YES N/A NO TEMP NO LHA GREEN MILL LIQUOR 7200 YES YES YES N/A YES YES NO LHA GARY’S LIQUOR 7200 YES YES YES N/A YES YES NO LS FOOTBALL JOY’S THAI CUISINE BEER/WINE 1100 YES N/A NO NO NO NO LAKEVILLE BREWING LIQUOR BREWER 7200 50 YES YES YES N/A YES YES NO VFW POST 210 LAKEVILLE LINKS LIQUOR 7200 YES YES YES NO NO NO NO LBC ON THE LAKE LIQUOR 7100 Yes Yes Yes N/A Yes Yes NO NO LIFETIME FITNESS BEER/WINE 1100 YES YES YES N/A NO YES NO NO MI PUEBLO MEXICAN LIQUOR 6450 YES YES NO YES NO NO NORTHERN TAP HOUSE LIQUOR 7200 YES YES YES N/A NO YES NO LHA OLE PIPER LIQUOR 7200 YES YES YES N/A NO NO NO LHA PORTER HOUSE LIQUOR 7200 YES YES YES N/A NO YES NO NO Page 37 of 301 RED’S SAVOY PIZZA BEER/WINE 1100 YES YES YES N/A NO NO NO NO RUDY’S REDEYE GRILL LIQUOR 7200 YES YES YES N/A NO YES NO NO SAKURA SUSHI BEER 300 YES YES YES N/A NO NO NO NO SAWA JAPAN BEER/WINE 1100 YES YES YES N/A NO NO NO NO SWING LAB BEER/WINE 1100 YES YES YES N/A NO NO NO NO TAQUERIA LOS COMPADRES LIQUOR 7,200 YES YES YES N/A NO NO NO NO TERESA’S MEXICAN LIQUOR 7200 YES YES YES N/A NO YES NO NO THE BETTER HALF LIQUOR 6450 YES YES YES N/A NO NO NO LIONS LICENSEE LICENSE TYPE FEE LIQUOR LIABILITY WORK COMP TAXES PAID SALES TAX REPORT CATERER PERMIT PATIO 2 AM CLOSING GAMBLING HOLIDAY 3821 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A HY-VEE GROCERY 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A KWIK TRIP 343 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A KWIK TRIP 692 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A KWIK TRIP 694 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A SPEEDWAY 4169 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A SPEEDWAY 4189 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A SPEEDWAY 4337 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A SPEEDWAY 4490 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A SPEEDWAY 4528 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A SPEEDWAY 4768 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A CUB FOODS 1598 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A CUB FOODS 1656 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A CUB FOODS 1657 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A TARGET 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A WALMART 3.2 BEER 300 YES YES YES N/A N/A N/A N/A N/A Page 38 of 301 LICENSEE LICENSE TYPE FEE LIQUOR LIABILITY WORK COMP TAXES PAID SALES TAX REPORT CATERER PERMIT PATIO 2 AM CLOSING GAMBLING BOARD & BRUSH CDPBL 300 YES YES YES N/A N/A N/A N/A N/A THE BONUS ROOM CDPBL 300 YES YES YES N/A N/A N/A N/A N/A FINAL FINAL FINAL LLC CDPBL 300 YES YES YES N/A N/A N/A N/A N/A Page 39 of 301 Date: 6/2/2025 Transfer of Title - K9 Kilo Proposed Action Staff recommends adoption of the following motion: Move to approve the transfer of ownership of retired K9 Officer Kilo to Sergeant Tom Danielson. Overview Sergeant Tom Danielson and K9 Kilo became loyal partners in 2016. K9 Kilo retired from service in February 2025 and it has been our custom to allow the retired K9 Officer's handler to become the new owner. Supporting Information 1. TRANSFER OF TITLE - K9 KILO Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Brad Paulson, Chief of Police Page 40 of 301 TRANSFER OF TITLE KNOW ALL BY THESE PRESENTS, that the CITY OF LAKEVILLE, and a Minnesota municipal corporation, (“City”), owner of the following described property: K-9 KILO Having determined that the dog has no monetary value and is of no further utility to the City, the city does hereby convey ownership of the dog to Tom Danielson (“Recipient”) subject to the terms of this agreement, in an “AS-IS” condition without warranties the dog described above. Recipient agrees to remit $1.00 to the City of Lakeville for purchase of the dog. Recipient also agrees to properly and humanely feed, house, and care for the dog. Recipient further agrees to indemnify and hold harmless the City, its officers, employees, agents and insurers from any claims, losses, damages, reasonable attorney’s fees, costs or judgments resulting from the actions of the dog that occur after the date of this Transfer of Title. IN TESTIMONY WHEREOF, the parties hereto have caused this instrument to be executed this 6th day of June, 2025. CITY OF LAKEVILLE: By: ___________________ Luke Hellier, Mayor And: __________________ Ann Orlofsky, City Clerk RECIPIENT: __________________ Tom Danielson, Police Sergeant Page 41 of 301 Date: 6/2/2025 Approval of the Cost Share Agreement with Dakota County for Voting Equipment Replacement Proposed Action Staff recommends adoption of the following motion: Move to approve the Cost Share Agreement with Dakota County to support the replacement of the current voting equipment. Overview Dakota County’s existing voting equipment was purchased in 2015 and has since been used in over 40 elections. While the equipment has been maintained proactively, it is nearing the end of its useful life. There are increasing concerns about slow processing speeds, maintenance demands, and a lack of accessibility compliance. As election standards and voter expectations evolve, investing in next-generation equipment is necessary to ensure accuracy, accessibility, and trust in the electoral process. The County, under Minnesota Statutes §§ 471.59 and 206.805, is authorized to conduct a joint procurement process on behalf of the participating governmental units. The proposed equipment purchase will follow a competitive Request for Proposals (RFP) process conducted by the County, with full consultation from municipal partners. This collaborative effort among Dakota County, municipalities, and school districts aims to ensure secure, accessible, and efficient voting systems for future elections. The total estimated cost of the new equipment is $5,000,000. The cost-sharing model is as follows: • Dakota County: 65% • Cities/Townships: 30% • School Districts: 5% The City of Lakeville’s share is based on the number of registered voters, amounting to 17% of the city/township share. Lakeville’s total estimated contribution is $255,426. This amount will be paid to Dakota County in five equal, interest-free installments of $51,085 annually from 2027 through 2031. In addition, Lakeville will pay its proportional share of ongoing annual maintenance costs for the equipment. Dakota County will retain ownership and provide insurance for the voting equipment, while the City will be responsible for securely storing and handling the equipment when it is in its Page 42 of 301 possession. Repairs and maintenance required between elections will be coordinated by the County to ensure the equipment remains in proper working condition. The new equipment is scheduled to be deployed in time for the August 2026 State Primary Election. Additionally, the City agrees to comply with all operational standards established by both the County and the Minnesota Secretary of State. Supporting Information 1. Voting Equipment Replacement Overview - Dakota County 2. Election Hardware and Software Cost Share Agreement between Dakota County and City of Lakeville Financial Impact: $255,426.00 Budgeted: Yes Source: Election Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Ann Orlofsky, City Clerk Page 43 of 301 1 Voting Equipment Replacement Overview 2025 Summary Dakota County’s voting equipment is quickly becoming outdated, leading to challenges in reliability and efficiency. As election standards evolve and voter expectations increase, upgrading to the next generation of voting equipment is critical to ensure trust in the electoral process, compliance with regulations, ease of use, and accessibility for all voters. Background Current State of Equipment The County’s voting equipment was deployed in 2015. With proactive care and preventive maintenance, ballot tabulators have been successfully used in over 40 elections. Users are seeing slower processing times and a higher level of ongoing maintenance. Additionally, the accessible voting hardware has already reached the end of its life and does not efficiently or dependably support voters with disabilities. Growth in Population and Equipment Use Dakota County’s current voting equipment was originally deployed in 2015 and the number of eligible voters in our county has increased over 10 percent since that time. Equipment was projected to be used 2-3 times each year but at least 4 elections have been conducted each year since 2019. Rigorous testing requirements demand that each ballot is scanned multiple times to check for accuracy and reliability, both in preliminary and public accuracy testing. Proposed Solution Invest in new, state-of-the-art voting equipment that: 1.Enhances Security: Incorporates advanced encryption and other features to prevent tampering. 2.Improves Accessibility: Meets ADA standards and provides equitable access for voters with disabilities. 3.Increases Efficiency and Voter Trust: Reduces wait times, streamlines ballot processing, and minimizes potential for errors. Enhances overall trust in the electoral process. 4.Supports Scalability: Accommodates future growth in voter participation. Risks of Inaction Outdated voting equipment poses risks to the integrity and efficiency of our elections. Delays and equipment malfunctions frustrate voters and can lead to longer lines, potentially disenfranchising voters. Repairing outdated equipment is increasingly expensive, laborious, and less cost-effective over time. Costs are increasing as maintenance and repairs will continue to rise as equipment ages. Additionally, security vulnerabilities and inefficiencies may erode public confidence in elections. Page 44 of 301 2 Equipment Certification Process Voting equipment certification begins with the U.S. Election Assistance Commission (EAC), through a painstaking application, testing, and review process. In Minnesota, pursuant to Minn. Stat. § 206.57, an electronic voting system must be certified by the Minnesota Secretary of State and tested by a testing authority accredited by the EAC or tested by a federal agency (i.e. the EAC) pursuant to the Voluntary Voting Systems Guidelines (VVSG). This limits the equipment that is available for use to those that have been tested and/or certified by the State. As of April 2025, there are three vendors which have equipment approved for use in Minnesota: Dominion Voting Systems, Hart InterCivic, and Election Systems & Software (ES&S). The breakdown of usage among counties is listed below: ❖Dominion Voting Systems: Aitkin, Crow Wing, Dakota, Mahnomen, Scott, and Sherburne ❖Hart InterCivic: Big Stone, Chisago, and Ramsey ❖ES&S: Anoka, Blue Earth, Hennepin, Olmsted, Rice, Washington, and all other MN Counties Cost-Share Plan This project is estimated to cost $5 million, which will include the initial equipment purchase (e.g., tabulators, software, peripherals) and training for staff. In previous voting equipment purchases, Dakota County assumed 50% of the cost, while city and township partners assumed the remaining 50%. Recent cost share agreements for services and poll pad equipment have included school districts in the cost share. This cost-share agreement shall be structured so that Dakota County would assume 65% of the cost, city and township partners would assume 30% of the costs, and school districts would assume 5% of the costs. In previous election cost-share agreements, Dakota County has allowed partners to split up-front costs into multiple years to reduce the immediate budget impact. We will allow our municipal partners the same flexibility in this agreement, instituting a five-year payment structure with payments beginning in 2027. Timeline 1. Create cost-share agreement with municipal partners (April-May 2025) 2. Conduct transparent, collaborative RFP process (April – October 2025) 3. Deploy/ implement equipment and train County staff, clerks, and election judges (Jan – July 2026) 4. Utilize equipment for August 11, 2026 State Primary Election Conclusion Investing in modern voting equipment is not just a financial decision but a commitment to maintaining the integrity and trustworthiness of our democratic process. This project will help ensure secure, efficient, and accessible elections for all voters in our jurisdiction. Page 45 of 301 Page 46 of 301 Page 47 of 301 Page 48 of 301 Page 49 of 301 Page 50 of 301 Page 51 of 301 ! ! ! ! ! >+KB60)09'30AK'6*K>+K8D=IK/'E+K)'B;+*K?0;K.:++4+6<K<8K(+K +F+)B<+*K86K>+0:K(+/'3,K '4+K 84K8E'1 0@+K K0E0;086K0:+)<8:K '<+K 99:8E+*K';K<8K-:5K ;84K86+3IK K ;;0;<'6<K8C7=GK<=8:6+IK'<+K 03+K8K K K !!K'G8:K8:K+;0.6++K '<+K 2"HK#####$%#K& JK +:1K8:K+;0.6++K '<+K ,UKE-(ELLIER Page 52 of 301 Page 53 of 301 Page 54 of 301 Date: 6/2/2025 Group Medicare Plan Proposed Action Staff recommends adoption of the following motion: move to approve the offering of a group Medicare plan. Overview Per Minnesota state statute 471.61 subd. 2b, employees who retire through a local government agency (or who can draw on a pension plan) are allowed to be offered group benefits indefinitely after they retire. Currently, if an employee retires and is younger than age 65, they are offered Lakeville's current benefit plan offerings. Their choice to continue participation is optional. The issue is that once an employee retires, they no longer receive the employer's monthly contribution to the premium, making the retiree responsible for 100% of the monthly premium. When individuals turn 65, they are eligible to participate in Medicare benefits, which is a much more affordable option. Most individuals moving to Medicare choose a supplemental or advantage plan that gets paired with the basic offerings of Medicare. Supplemental or advantage plans are available in a variety of ways to individuals, but the benefits and costs can vary depending on several factors. Lakeville would like to offer past and future Medicare-eligible employees this option for group Medicare benefits. In discussing options with Medica, the city is proposing plan option 5, which is outlined in the attached Medica brochure. There is no cost to the city, as this is still fully paid for by the eligible retiree and paid directly to Medica. The plan offering is still optional to participate in, and it offers individuals coverage for health, dental, and vision needs. The advantage of offering this group Medicare plan is that it typically has better benefits and is more cost-effective than what an individual would be able to obtain on their own in the marketplace. There are two master-plan agreements that are attached. Even though the city is proposing to offer one Medicare plan option, the difference is in network options and depends on where a retiree resides when they elect to participate in this group Medicare plan. Supporting Information 1. 2025 Group Medicare Brochure 2. City of Lakeville Medicare Advantage Master Group Contract H8889 3. City of Lakeville Prime Solution Cost Master Group Contract H2450 Page 55 of 301 Financial Impact: None Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Alissa Frey, Human Resources Director Page 56 of 301 2025 Group Medicare Plans Portfolio Medica Group Advantage Solution SM (PPO) Medica Group Prime Solution SM w/ Rx (Cost) Y0088_1014170_M Page 57 of 301 2 Call us at 1 (855) 279-6177 (TTY: 711) Many choices. More value. We understand the contribution your retirees have made to your organization. Now you can show them how much you care by giving them the best retiree health insurance coverage possible. We offer a range of Group Medicare choices — with different coverage levels and premium amounts — so it’s easy to find the right fit for everyone’s needs and budget. Plus, you can decide if you want to offer a plan with an employer contribution. Page 58 of 301 3 We provide you with a dedicated Group Medicare expert who will work closely with you to ensure a smooth transition for you and your retirees. Our group plans help pay costs Medicare doesn’t cover. They also give members extra benefits that Medicare doesn’t include, like maximum out-of- pocket protection and Part D drug coverage. Here are some other benefits: • Plan choices with low to no copays • Broad provider networks with no referrals required • Health+ by Medica card loaded with dental and eyewear allowances • Nationwide access to providers that accept Medicare • Worldwide emergency care • Part D drug coverage included • Extensive drug listing with more than 3,300 prescription medications • Dental coverage using any licensed dentist — no network • Free fitness membership through One PassTM • Routine eye + hearing exam coverage • Prescription eyewear + hearing aid savings with some plans • Can live anywhere in the United States and its territories We make it easy to reward your valued retirees. AT A GLANCE Page 59 of 301 4 5 Plan 2 Plan 5 Plan 11 Monthly premium $359 $85 $56 Annual medical deductible $0 $0 $0 Annual out-of-pocket maximum $1,750 $3,250 $4,000 Medical Benefits Member pays (In Network) Primary care $0 $0 $10 Specialist $20 $25 $30 Urgent care $0 - $20 $0 - $25 $0 - $30 Chiropractic $20 $20 $20 Eye exam — routine annual, up to 2 refractions per year $0 $0 $0 Hearing exam — routine annual $0 $0 - $25 $0 - $30 Radiology Diagnostic radiology $100 Therapeutic radiology $70 Diagnostic radiology $200 Therapeutic radiology $75 Diagnostic radiology $300 Therapeutic radiology 20% X-ray $20 10%$30 Diagnostic tests $50 $85 $100 Outpatient surgery $175 $200 $250 Ambulance (ground)$200 $265 $265 Emergency care (worldwide)$115 $120 $125 Inpatient hospital $200 per stay $250 per stay $300 per day, days 1-5 Skilled nursing facility Days 1-20: $0 Days 21-100: $150/day Days 1-20: $0 Days 21-100: $214/day Days 1-20: $0 Days 21-100: $214/day Diabetic testing supplies 0% - 20%0% - 20%0% - 20% Part B drugs 0% - 20%0% - 20%0% - 20% Medicare Part B Insulin Drugs $35 per one-month supply Part D Drug Coverage Annual deductible $0 $295*$350* Initial coverage (member drug costs up to $2,000)Preferred Standard Preferred Standard Preferred Standard 30-Day Retail Tier 1: Preferred Generic $2 $10 $5 $15 $8 $20 Tier 2: Generic $10 $20 $12 $25 $14 $30 Tier 3: Preferred Brand 25%25%25%25%22%22% Tier 4: Non-Preferred Drug 50%50%50%50%50%50% Tier 5: Specialty Drug 33%33%29%29%20%20% Catastrophic coverage (plan pays costs exceeding $2,000)Member pays nothing with all plans All plan options include medical and Part D prescription drug coverage There are two types of pharmacies available in our network: Standard and Preferred. Preferred pharmacies have the lowest copay. Plans are available as both Medica Group Prime Solution w/Rx (Cost) and Medica Group Advantage Solution (PPO) plans. *Deductible does not apply to Tier 1 for plan 5 and 11 Call us at 1 (855) 279-6177 (TTY: 711) Page 60 of 301 6 Call us at 1 (855) 279-6177 (TTY: 711) Extras that make our plans better Dental Coverage Our plans include an annual dental benefit for preventive and restorative dental services. There is no deductible and no network - members can visit any licensed dentist of their choosing. Plan Annual Benefit Plan 2 $750 Plan 5 $500 Plan 11 $250 * Allowance amounts do not roll over. * Health+ by Medica Card: Card can only be used for Qualified Purchases indicated by your plan provider everywhere Visa® debit cards are accepted. Card is issued by Sutton Bank, pursuant to a license from Visa U.S.A. Inc. Please contact your Program Sponsor directly for a full list of Qualified Purchases. Visa is a registered trademark of Visa, U.S.A. Inc. All other trademarks and service marks belong to their respective owners. No Cash or ATM Access. Terms and conditions apply, contact your Plan Provider for details. Health+ by Medica card Dental and Eyewear benefits are loaded on our Health+ by Medica card that can be used at participating retailers and providers. Over-the-Counter (OTC) Savings Our plans have a benefit allowance you can use for eligible OTC health and wellness products. Allowance amount varies by plan. Plan Semi-annual Benefit Plan 2 $75 Plan 5 $50 Plan 11 $25 Prescription Eyewear Allowance Our plans include annual reimbursement for prescription eyewear.Reimbursement amounts vary by plan. Plan Annual Benefit Plan 2 $150 Plan 5 $125 Plan 11 $100 Page 61 of 301 7 24/7 NurseLine Through HealthAdvocateSM NurseLine, highly trained nurses are available 24/7 to help answer questions about symptoms, medications, and health conditions. Nurses can also share self-care tips for non-urgent medical conditions. Free Fitness Membership Our innovative fitness program through One PassTM makes staying fit — physically and mentally — convenient and fun. • Large network of 25,000+ gyms and fitness centers • Members can enroll in multiple facilities • Live and on-demand fitness classes • Unlimited access to CogniFit online activities that support brain speed and memory Learn more about One PassTM at Medica.com/Fitness Hearing Aid Allowance Plan 2 includes an annual reimbursement for hearing aids. This hearing aid allowance also covers hearing aid fittings and evaluations. Plan Annual Benefit Plan 2 $500 Personal Health Advocate The medical system can be confusing and overwhelming. That’s why we offer our members a health support lifeline called HealthAdvocateSM. Our personal health advocates help answer health-related questions — from finding the right doctor to solving claims issues. They can even help members set up appointments. The service is confidential and doesn’t cost extra. Member Online Information Our secure sites give members access to their personalized information to help them better understand their health plan benefits and get the most out of their coverage. Members have access to many easy-to- use self-service tools so they can get the information they need when they need it, 24/7. Members can: • Track medical and pharmacy claims • Find a network provider, facility, or pharmacy • Check prescription drug prices MyMedica.com - For Cost plan members Medicamember.com - For Medicare Advantage (PPO) members Page 62 of 301 © 2024 Medica | MHP-CHA1014170-4-00824A You’re not just covered, you’re cared for. Connect with us Call us toll-free at 1 (855) 279-6177 (TTY: 711). 8 a.m.-5 p.m. CT, Monday-Friday Great plans, greater good We’re a nonprofit health plan that’s been putting members and employer partners first for nearly 50 years. But that’s only part of the story. We support the communities we serve. Our Medica Foundation awards millions of dollars in grants each year to support communities in need. And our employees volunteer thousands of hours with local charities. Medica is a PPO and Cost plan with a Medicare contract. Enrollment in Medica depends on contract renewal. Page 63 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 1 of 14 MEDICA HEALTH PLANS MEDICARE ADVANTAGE (MEDICARE PART C) PLAN MEDICA GROUP ADVANTAGE SOLUTIONSM MASTER GROUP CONTRACT INDIVIDUALLY BILLED Employer Group Sponsor Name: City of Lakeville Group #: TBD Effective Date: July 1st, 2025 Contract #: H8889 – Plan 5 ARTICLE 1 INTRODUCTION This Master Group Contract ("Contract") provides group health insurance coverage (“Benefits’) through Medica Group Advantage SolutionSM (Medicare Part C)(“Plan”) in accordance with Medicare laws and regulations. This Contract is entered into by and between Medica Health Plans (“Medica”) and the employer named above ("Sponsor"), an employer under Minnesota law and other applicable law. This Contract includes a Summary of Coverage and Disclosure of Information (“SB”), attached hereto and incorporated herein by this reference, and the Evidence of Coverage, incorporated herein by this reference, and any amendments. The terms and conditions of the Benefits provided under this Contract are explained more fully in the Evidence of Coverage for the Plan provided under this Contract. The SB will be read consistently with the Evidence of Coverage to the extent feasible. If there is a conflict between the terms and conditions of the SB and the Evidence of Coverage, the Evidence of Coverage will govern. This Contract is intended to meet the requirements of an employer/union-only group waiver plan (EGWP) under Medicare Part C. Any provisions of this Contract that are not consistent with that intention will be void. This Contract is delivered in the state of Minnesota. This Contract is subject to annual review by the federal government. Availability of coverage in future years is not guaranteed. The capitalized and other terms used in this Contract have the same meanings given those terms defined in the Evidence of Coverage, unless otherwise specifically defined in this Contract. If this Contract is purchased by Sponsor to provide benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act, 29 U.S.C. 1001, et seq. (“ERISA”), this Contract is governed by federal law, including ERISA and, the laws of the State of Minnesota, to the extent not preempted by applicable federal law. If this Contract is not governed by ERISA, it is governed by the laws of the State of Minnesota. If this Contract is governed by ERISA, any legal action between the parties to this Contract arising out of or relating to this Contract will be brought in the federal district court for the district of Page 64 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 2 of 14 Minnesota. If this Contract is not governed by ERISA, any legal action between the parties of this Contract arising out of or relating to this Contract will be brought in state court in Hennepin County, Minnesota. In consideration of payment of the monthly premiums (“Medica Premium(s)”) by Members and payment of any applicable Deductible(s), Copayments, and Coinsurance by or for Members, Medica will provide coverage for the Benefits set forth and defined in the SB and the Evidence of Coverage, and any amendments thereto, subject to all terms and conditions, including limitations and exclusions, in this Contract. “Member” is an individual properly enrolled for coverage under the Evidence of Coverage. This Contract replaces and supersedes any previous agreements between Sponsor and Medica relating to Benefits under this Contract. Medica will not be deemed or construed to be an employer for any purpose with respect to the administration or provision of Benefits under the Sponsor’s welfare benefit plan. Medica will not be responsible for fulfilling any duties or obligations of Sponsor, including but not limited to any regulatory filings required of employers, plan administrators, or plan sponsors. Medica is responsible for notifying eligible persons of all contractual changes relating to Medica Premiums and enrollment information, if applicable. ARTICLE 2 TERM OF CONTRACT Section 2.1 Term and Renewal. The initial term of this Contract is effective from July 1st, 2025 ("Effective Date") to December 31st, 2025 ("Expiration Date"), and may be renewed in accordance with the following paragraph. All coverage under this Contract begins at 12:01 a.m. Central Time. This Contract may be renewed for an additional term of one year at the end of the initial term and at the end of each Contract renewal term. At least 30 days before the end of the initial term or each Contract renewal term, Medica will notify Sponsor of any modifications to this Contract, including Medica Premiums and Benefits for the next one-year term of this Contract (“Renewal Terms”). If Sponsor accepts the Renewal Terms or if Sponsor and Medica agree on different Renewal Terms, this Contract is renewed for the additional Contract term, unless Medica or Sponsor terminates this Contract pursuant to Section 2.2. Section 2.2 Termination of This Contract. Sponsor may terminate this Contract after at least 60 days’ prior written notice to Medica. This Contract is guaranteed renewable and will not be terminated by Medica except for the reasons as stated below and effective as stated below. Terminations for the reasons stated below require at least [60] days’ written notice from Medica, unless otherwise specified: (a) Upon notice to an authorized representative of the Sponsor when any Member does not pay the required Medica Premium when due, provided, however, that this Contract can be reinstated when Member coverage is reinstated pursuant to Section 4.2; (b) On the date specified by Medica because Sponsor provided Medica with false information material to the execution of this Contract or to the provision of Benefits under this Contract. Page 65 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 3 of 14 Medica has the right to rescind this Contract back to the Effective Date, subject to applicable law; (c) On the date specified by Medica due to Sponsor’s violation of the participation or contribution rules as determined by Medica; (d) Automatically on the date Sponsor ceases to do business pursuant to 11 U.S.C. Chapter 7; (e) On the date specified by Medica, after at least 60 days prior written notice to Sponsor, that this Contract is terminated because Medica will no longer issue this particular type of group health benefits plan within the applicable employer market; (f) On the date specified by Medica, after at least 90 days prior written notice to the Sponsor and, if required, to the applicable state authority, that this Contract will be terminated because Medica will no longer renew or issue any group health benefits plan within the applicable employer market; (g) On the date specified by Medica when there is no longer any Member who resides in Medica’s approved service area; (h) On the date specified by Medica upon termination of Medica’s contract with the Centers for Medicare and Medicaid Services (“CMS”); and (i) Any other reasons or grounds permitted by the licensing laws and regulations governing Medica, provided not inconsistent with applicable Federal law. Notwithstanding the above, Medica may modify the Medica Premium rate(s) and/or the coverage at renewal. Nonrenewal of coverage as a result of failure of Medica and the Sponsor to reach agreement with respect to modifications in the Medica Premium rate(s) or coverage will not be considered a failure of Medica to provide coverage on a guaranteed renewable basis. Failure of any Member to pay required Medica Premiums on a timely basis to Medica will result in termination of coverage to the Member. Section 2.3 Notice of Termination. Medica will notify: (a) Sponsor in writing if Medica terminates this Contract for any reason; (b) Member in writing if Medica terminates a Member’s coverage under the Contract due to nonpayment of Medica Premium by such Member. Sponsor will provide timely written notification to Members of such termination in all circumstances for which Medica does not provide written notification to Members. Section 2.4 Effect of Termination. In the event of termination of this Contract: (a) All Benefits under this Contract will end at 12:00 midnight Central Time on the effective date of termination; (b) Medica will not be responsible for any claims for health services received by Members after the effective date of the termination, unless otherwise specified in the Evidence of Coverage; (c) Individual Members will be and will remain liable to Medica for the payment of any and all Medica Premiums that are unpaid at the time of termination; and Page 66 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 4 of 14 (d) Upon termination of the Contract, Members will automatically revert to traditional Medicare Part A and Part B coverage. ARTICLE 3 ENROLLMENT AND ELIGIBILITY Section 3.1 Eligibility and Enrollment. Sponsor has sole discretion to determine whether a person is eligible to enroll for Benefits, subject to applicable laws, the terms of this Contract, and the following eligibility requirements: Eligibility Requirements – to be eligible to enroll, an individual must: (a) be (i) a Medicare eligible retiree of the Sponsor; or (ii) a Medicare eligible spouse or Domestic Partner (as defined below) or a Medicare eligible dependent of a retiree of the Sponsor; and (b) be enrolled in Medicare Parts A and B; and (c) continue to pay his or her Medicare Part A and/ or Part B premium, as appropriate; and (d) reside permanently within the Medica Group Advantage Solution Plan service area; and (e) not be enrolled in a hospice program at the time of application; and (f) agree to abide by all of the Medica Group Advantage Solution Plan rules; and (g) meet the eligibility criteria established by the Sponsor. A person who does not satisfy the above requirements is not eligible to enroll for coverage under this Contract. If there is a conflict between the Evidence of Coverage and the eligibility requirements in this Section of the Contract, this Section of the Contract governs. “Domestic Partner” is defined as an adult who Sponsor determines: (a) is in a committed and mutually exclusive relationship with the retiree of the Sponsor and is jointly responsible for the retiree’s welfare and financial obligations; and (b) resides with the retiree of the Sponsor in the same principle residence and intends to do so permanently; and (c) is at least 18 years of age and unmarried; and (d) is not a blood relative of the retiree of the Sponsor. Medica will rely upon Sponsor’s determination for participation in the Plan under this Contract regarding a person’s eligibility to enroll for Benefits. Sponsor will be responsible for maintaining information verifying its continuing eligibility and the continuing eligibility of eligible Members under this Contract. This information will be provided to Medica as reasonably requested by Medica. Sponsor will also maintain written documentation of a waiver of coverage by an eligible person and provide this documentation to Medica upon reasonable request. Sponsor will provide the following eligibility information when requested by Medica: full legal name of eligible person or Member, social security number, identification number, proposed effective date for coverage to begin, proposed termination date and reason for termination, date of birth, address, email address and phone number. Section 3.2 Initial/Open/Off-Cycle Enrollment. As determined by Sponsor, enrollment may be limited to initial and open enrollment periods, CMS’ annual enrollment period, and off-cycle enrollment due to qualifying event, as follows: Page 67 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 5 of 14 (a) “Initial Enrollment Period” is the 90-day period starting with the date the person is first eligible to enroll for coverage under this Contract. An eligible person must apply within this period for coverage to begin the first day of the month following Medica’s receipt of the application and acceptance of enrollment by CMS. An eligible person who does not enroll during the Initial Enrollment Period may enroll for coverage during the next Open Enrollment Period or Off-Cycle Enrollment Due to qualifying event (Special Election Period). (b) “Open Enrollment Period” is a minimum 14-day period set by the Sponsor and Medica each year during which eligible persons may enroll for coverage. (c) “Off-Cycle Enrollment Due to qualifying event (Special Election Period)” is allowed if the eligible person was enrolled for health coverage under a spouse’s or Domestic Partner’s health benefits plan and such coverage ends due to one of the following qualifying events: (i) spouse’s or Domestic Partner’s voluntary or involuntary termination or layoff from employment; (ii) death or permanent disability of the spouse or Domestic Partner; or (iii) divorce. Section 3.3 Effective Date of Enrollment. Applications must be signed, dated and received by Medica by the last business day of the month in order to be effective the first day of the following month. However, the enrollment is not effective until Medica considers the application complete and it is accepted by CMS. Coverage begins at 12:01 a.m. on the Member’s effective date. Applications may be submitted up to three months immediately prior to the person’s entitlement to Medicare Parts A and B. No retroactive enrollments will be allowed except as permitted by CMS. Section 3.4 Effective Date of Request for Disenrollment. The disenrollment will be effective the last day of the month in which notification is received by Medica, unless a later date is requested. The requested disenrollment date cannot be effective more than three months after Medica’s receipt of the request. The disenrollment request will come from the Sponsor or Member in writing. Additional disenrollment provisions are specified in the Evidence of Coverage. No retroactive disenrollment will be allowed except as permitted by CMS. ARTICLE 4 PREMIUMS Section 4.1 Monthly Medica Premiums. The monthly Medica Premiums for this Contract are specified in the welcome letter and subsequent annual notice of change letter. Invoices are generated and sent to Members on or about the 11th of the month for the month following. Medica Premiums must be submitted by Member to Medica by the 7th day of each calendar month. 1. Member will be responsible for payment to Medica of the monthly Medica Premium. 2. If the Medicare Prescription Drug Benefit Program (“Part D Benefits”) are included in the SB, the following CMS restrictions apply. (a) Sponsor cannot vary the monthly Member contribution for the Part D Benefits Premium for individuals within a given class of Members. (b) Sponsor will determine the amount of the monthly Member contribution for the Part D Benefits Premium and Sponsor may subsidize different amounts for different classes of Page 68 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 6 of 14 Members in Sponsor group Part D Benefits provided such classes are reasonable and based on objective business criteria, such as years of service, date of retirement, business location, job category, and nature of compensation (e.g., salaried vs. hourly). Different classes cannot be based on eligibility for the Low Income Subsidy, as defined below. (c) Sponsor cannot charge a Member more for prescription drug coverage provided under the Evidence of Coverage than the monthly Member contribution for the Part D Benefits Premium attributable to basic prescription drug coverage and 100% of the monthly Member contribution attributable to his or her non-Medicare Part D Benefits. Sponsor must pass through any direct subsidy payments received from CMS to reduce the amount that Member pays (or in those instances where a Member who is the subscriber in Plan pays premiums on behalf of a Medicare eligible spouse or dependent, the amount the subscriber pays). The Medica Premium includes pass-through of the direct subsidy amount, that is, the direct subsidy has already been subtracted from the Part D Benefits Premium, as reflected in the Medica Premium. (d) For all Members eligible for the Low Income Subsidy program, as defined below, the low income premium subsidy amount will first be used to reduce the monthly Member contribution for the Part D Benefits Premium with any remaining portion of the subsidy amount then applied toward the monthly Sponsor contribution for the Part D Benefits Premium. (The “Low Income Subsidy” program is a Medicare Prescription Drug Benefit Program that provides assistance in the form of a subsidy for prescription drug costs to eligible individuals whose income and resources are limited.) (e) If the low income premium subsidy amount for which a Member is eligible is less than the monthly Member contribution for the Part D Benefits, then Sponsor should communicate to the Member the financial consequences for enrolling in a Sponsor sponsored group prescription drug benefit as compared to enrolling in another Medicare Prescription Drug Benefit Program with a monthly premium equal to or below the low income premium subsidy amount. Sponsor should also communicate to the Member any adverse consequences to enrollment in Sponsor’s Medicare Plan if Member chooses to disenroll from the Sponsoring group’s Part D Benefits. Member must continue to pay Medicare Part B premiums, and Medicare Part A premiums (if required). How to pay Medica Premiums: Member will pay Medica Premiums to Medica at the billing address stated in the Acceptance of Contract provision, set forth at the end of this Contract, and the Evidence of Coverage. In exchange for Medica Premiums paid, Medica will arrange for the provision of Benefits. In doing so, Medica may enter into agreements with Providers of health care, one or more insurers, and such other individuals and entities as may be necessary to enable Medica to fulfill its obligations under this Contract. Section 4.2 Grace Period. Member has a grace period of 60 calendar days after the due date stated in Section 4.1 to pay the Medica Premium. Failure to pay such premium, in whole or in part, within the grace period will result in Medica pursuing its collection process against the Member. Page 69 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 7 of 14 If Member fails to pay the Medica Premium, the Member’s coverage under the Contract will be terminated. Medica will not be responsible for services received after the effective date of termination. Section 4.3 Medica Premium Calculation. The Medica Premium owed by Members will be calculated by Medica in accordance with Medica’s community rating system. Member coverage for Benefits may be terminated only at the end of the calendar month in which Medica is notified and a full Medica Premium rate for that month will apply. Section 4.4 Retroactive Medica Premium Adjustments. In accordance with applicable law, retroactive adjustments may be made for any additions of Members not reflected in Medica’s records at the time Medica Premiums were calculated by Medica. With respect to terminations of Member’s coverage, no retroactive credit will be granted for any month in which a Member received Benefits. No retroactive Medica Premium refund will be granted for termination of Member’s coverage unless permitted by CMS. Notwithstanding the preceding paragraph, Member will pay Medica Premium for any month during which a Member received Benefits. Section 4.5 Medica Premium Reconciliation and Collection. If Medica’s invoice is not paid as billed, Medica will pursue payment. If Member fails to make payment by the Medica Premium due date, Medica will send written notice to Member. Final written notice will be issued the second month following the original payment due date. If payment is not received by the end of the month, Medica will terminate the Contract. Section 4.6 Medica Credit. If there is a credit after Medica completes the billing reconciliation process, a letter will be sent to Member within 30 calendar days from the receipt date of the payment. A credit will be applied to the next billing cycle unless Member requests a refund. Section 4.7 Medica Premium Changes. Medica may change Medica Premiums annually after 30 days’ prior written notice to Sponsor and Member on: (a) the first anniversary of the effective date of this Contract; (b) any monthly due date after the first anniversary of this Contract; or (c) any date the provisions of this Contract are amended. Section 4.8 Fees. Medica may charge Member: (a) a late payment charge in the form of a finance charge of 1% per annum for any Medica Premiums not received by the due date; and (b) a service charge for any non-sufficient-fund check received in payment of Medica Premiums. Page 70 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 8 of 14 ARTICLE 5 INDEMNIFICATION Medica will hold harmless and indemnify Sponsor against any and all claims, liabilities, damages or judgments asserted against, imposed upon or incurred by Sponsor, including reasonable attorney fees and costs, that arise out of Medica’s grossly negligent acts or omissions in the discharge of its responsibilities to a Member. Sponsor will hold harmless and indemnify Medica against any and all claims, liabilities, damages or judgments asserted against, imposed upon or incurred by Medica, including reasonable attorney fees and costs, that arise out of Sponsor’s or Sponsor’s employees’, agents’, and representatives’ grossly negligent acts or omissions in the discharge of its or their responsibilities under this Contract. Sponsor and Medica will promptly notify the other of any potential or actual claim for which the other party may be responsible under this Article 5. ARTICLE 6 ADMINISTRATIVE SERVICES The services necessary to administer this Contract and the Benefits provided under it will be provided in accordance with Medica’s or its designee’s standard administrative procedures. If Sponsor requests such administrative services be provided in a manner other than in accordance with these standard administrative procedures, including requests for non-standard reports, and if Medica agrees to provide such non-standard administrative services, Sponsor will pay for such services or reports at Medica’s or its designee’s then-current charges for such services or reports. ARTICLE 7 CLERICAL ERROR A Member will not be deprived of coverage under the Contract because of a clerical error. Furthermore, a Member will not be eligible for coverage beyond the scheduled termination date because of a failure to record the termination. ARTICLE 8 ERISA / CONTRACT INTERPRETATION If all or a portion of this Contract is entered into by Sponsor to provide Benefits under an employee welfare benefit plan governed by ERISA, Medica will not be named as and will not be the plan administrator or the named fiduciary of the employee welfare benefit plan, as those terms are used in ERISA. Regardless of whether all or a portion of this Contract is subject to ERISA, the parties agree that Medica has sole, final, and exclusive discretion to: (a) interpret and construe the Benefits under the Contract and the Evidence of Coverage; (b) interpret and construe the other terms, conditions, limitations and exclusions set out in the Contract and the Evidence of Coverage; Page 71 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 9 of 14 (c) change, interpret, modify, withdraw or add Benefits without the approval of Members; and (d) make factual determinations related to the Contract, Evidence of Coverage and the Benefits. For purposes of overall cost savings or efficiency, Medica may, in its sole discretion, provide services that would otherwise not be Benefits. The fact that Medica does so in any particular case will not in any way be deemed to require it to do so in other similar cases. Medica may, from time to time, delegate discretionary authority to other persons or entities providing services under this Contract. ARTICLE 9 DATA OWNERSHIP, USE AND NON-DISCLOSURE To the extent not inconsistent with applicable law, information and data acquired, developed, generated, or maintained by Medica in the course of performing under this Contract will be Medica’s sole property. Except as this Contract or applicable law requires otherwise, Medica will have no obligation to release such information or data to Sponsor. Medica may, in its sole discretion, release such information or data to Sponsor, but only to the extent permitted by law and subject to any restrictions determined by Medica. Sponsor acknowledges that the benefits and pricing of this Plan are designed exclusively to meet the needs of Sponsor’s retirees and should not be presumed to be transferrable to other plan sponsors or employers. Sponsor agrees not to disclose the terms and conditions of this Contract, including without limitation the pricing terms, other than for the purposes of fulfilling the objectives of this Contract. ARTICLE 10 AMENDMENTS AND ALTERATIONS Section 10.1 Standard Amendments. Except as provided in Section 10.2, amendments to this Contract are effective 30 days after Medica sends Sponsor a written amendment. Unless regulatory authorities direct otherwise, Sponsor’s signature will not be required. No Medica agent or broker has authority to change this Contract or to waive any of its provisions. Section 10.2 Regulatory Amendment. Medica may amend this Contract to comply with requirements of state and federal law (“Regulatory Amendment”) and will issue to Sponsor such Regulatory Amendment and give Sponsor notice of its effective date. The Regulatory Amendment will not require Sponsor’s consent and, unless regulatory authorities direct otherwise, Sponsor’s signature will not be required. Any provision of this Contract that conflicts with the terms of applicable federal or state laws, regulations, or CMS policies or requirements is deemed amended to conform to the minimum requirements of such laws, regulations, or CMS policies or requirements. Page 72 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 10 of 14 ARTICLE 11 ASSIGNMENT Neither party will have the right to assign any of its rights and responsibilities under the Contract to any person, corporation or entity without the prior written consent of the other party; provided, however, that Medica may, without the prior written consent of the Sponsor, assign this Contract to any entity that controls Medica, is controlled by Medica, or is under common control with Medica. In the event of assignment, the Contract will be binding upon and inure to the benefit of each party’s successors and assigns. Any purported assignment of Sponsor’s rights or obligations in violation of this Article is null and void. ARTICLE 12 DISPUTE RESOLUTION In the event that any dispute, claim or controversy of any kind or nature relating to this Contract arises between the parties, the parties agree to meet and make a good faith effort to resolve the dispute. The party requesting the meeting will provide the other, in advance of the meeting, with written notice of the claimed dispute. Upon receipt of the written notice, representatives for each party will meet promptly to attempt to resolve the dispute. If a mutually agreeable resolution is not reached within 30 days following receipt of the written notice, either party may pursue legal action in accordance with the terms of this Contract. The parties may mutually agree to waive the informal dispute resolution process set forth herein. Any such waiver must be in writing and executed by both parties. ARTICLE 13 TIME LIMIT ON CERTAIN DEFENSES No statement made by Sponsor, except a fraudulent statement, will be used to void this Contract after it has been in force for a period of 2 years. ARTICLE 14 RELATIONSHIPS OF PARTIES The relationship between Sponsor and any Member is that of Sponsor and Member as defined in this Contract. The relationship between Medica and Sponsor is a solely contractual relationship between independent contractors. The relationship between Medica and Network Providers is a solely contractual relationship between independent contractors. Network Providers are not agents or employees of Medica, and Medica and its employees are not agents or employees of Network Providers. The relationship between a Medica Network Provider and any Member is that of provider and patient, and the Network Provider is solely responsible for the services provided to any Member. Page 73 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 11 of 14 ARTICLE 15 SPONSOR RECORDS Sponsor will be responsible for obtaining any required consents from Members which allow Medica to receive a Member’s Protected Health Information, as defined below. Medica may at any reasonable time inspect all documents furnished to Sponsor by an individual in connection with the Benefits, Sponsor’s payroll records, and any other records pertinent to the Benefits under this Contract. Although it is not anticipated that Sponsor will receive Protected Health Information, to the extent required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Sponsor agrees that it has amended its documents to reflect the restrictions on use and disclosure of protected health information (“PHI”) as required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and that the Sponsor agrees to the required use and disclosure restrictions provided by HIPAA as follows: 1. The Sponsor will not use or further disclose such PHI other than as permitted or required by this Contract or as required by law (as defined in the HIPAA privacy standards). 2. The Sponsor will ensure that any agents, including a subcontractor, to whom the Sponsor or any party acting on behalf of the Sponsor provides PHI, agree to the same restrictions and conditions that apply to the Sponsor with respect to such PHI. 3. The Sponsor will not use or disclose PHI for employment-related actions and decisions or in connection with any other benefit or employee benefit plan of the Sponsor, except under an authorization which meets the requirements of the HIPAA privacy standards. 4. The Sponsor will report to Medica any PHI use or disclosure that is inconsistent with the uses or disclosures provided for of which the Sponsor becomes aware. 5. The Sponsor will make available PHI in accordance with a covered person's right of access under the HIPAA privacy standards. 6. The Sponsor will make available PHI for amendment and incorporate any amendments to PHI in accordance with the HIPAA privacy standards. 7. The Sponsor will make available the information required to provide an accounting of certain disclosures of PHI in accordance with the HIPAA privacy standards. 8. The Sponsor and any of its agents, including a subcontractor, will make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the U.S. Department of Health and Human Services for purposes of determining compliance by the Sponsor with the HIPAA privacy standards. 9. If feasible, the Sponsor and any of its agents, including a subcontractor, will return or destroy all PHI received from any party when the PHI is no longer needed for the purpose for which it was disclosed. If such return or destruction is not feasible, the Sponsor will impose all necessary protections to maintain the security of the PHI. 10. The Sponsor will ensure that PHI is only accessible to employees on an “as need to know basis.” 11. Sponsor will provide access to a copy of this Contract to Medica upon request by Medica or CMS. Page 74 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 12 of 14 ARTICLE 16 MEMBER RECORDS By accepting Benefits under this Contract, each Member authorizes and directs any person or institution that has provided services to the Member to furnish Medica or any of Medica’s designees at any reasonable time, upon its request, any and all information and records or copies of records relating to the Benefits provided to the Member. In accordance with applicable law, Medica and any of Medica’s designees will have the right to release any and all records concerning health care services: (i) as necessary to implement and administer the terms of this Contract; or (ii) for appropriate medical review or quality assessment. Such Member information and records will be considered confidential medical records by Medica and its designees. ARTICLE 17 NOTICE All notices, requests, demands and other communications by either party as required or permitted under the terms of this Contract shall be in writing and sent to the addresses set forth below in the Acceptance of Contract provision and shall be made to the attention of the signatory of this Contract or to such other address or individual as the parties may specify from time to time by written notice, to the other party, and shall be deemed delivered: (a) if delivered in person, on the date delivered in person; (b) if delivered by a courier, on the date stated by the courier; (c) if delivered by an express mail service, on the date stated by the mail service vendor; or (d) if delivered by registered or certified mail, 3 business days after date of mailing. Notwithstanding the above, the parties may agree that regular USPS mail delivery and electronic mail transmission are acceptable, in which case the parties shall define and mutually agree upon the expectations for delivery and receipt and method of verification. A party can change its address for receiving notices by providing the other party a written notice of the change. ARTICLE 18 COMMON LAW No language contained in the Contract constitutes a waiver of Medica’s rights under common law. ACCEPTANCE OF CONTRACT This Contract is deemed accepted by Sponsor upon the earlier of Medica’s receipt of its first payment of the Medica Premium or upon Sponsor‘s execution of this Contract by its duly authorized representative. This Contract is deemed accepted by Medica upon Medica’s deposit of the first payment of the Medica Premium. Such acceptance renders all terms and provisions herein binding on Medica and Sponsor. Page 75 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 13 of 14 Signature page follows. Page 76 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 14 of 14 IN WITNESS WHEREOF, authorized representatives of the Parties to this Contract have executed this Contract on the date set forth below to take effect on the Effective Date stated in the Contract. The designated Medica representative for issues related to this Contract is the Account Executive. MEDICA HEALTH PLANS SPONSOR: Corporate Office Address: Address: 401 Carlson Parkway Minnetonka, MN 55305-5387 Telephone: Telephone: (952) 992-8568 1-800-575-2330 By: By:________________________________ Signature: (Nichole Melton Mitchell) Signature Title: SVP, Strategic Product & Business Development Title:_______________________________ Date: Date:_______________________________ Billing Address: P.O. Box 64847 St. Paul, MN 55164-0847 Mailing Address: P.O. Box 9310 Mail Route CP320 Minneapolis, MN 55440 Account Executive: Leah Benson 401 Carlson Parkway Minnetonka, MN 55305-5387 (952) 992-8568 1-800-575-2330 Page 77 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 1 of 15 MEDICA INSURANCE COMPANY MEDICA GROUP PRIME SOLUTIONSM MASTER GROUP CONTRACT INDIVIDUALLY BILLED Employer Group Sponsor Name: City of Lakeville Group #: TBD Effective Date: July 1st, 2025 Contract #: H2450 – Plan 5 ARTICLE 1 INTRODUCTION This Master Group Contract ("Contract") provides group health insurance coverage (“Benefits’) through Medica Group Prime SolutionSM (“Plan”) in accordance with Medicare laws and regulations. This Contract is entered into by and between Medica Insurance Company (“Medica”) and the employer named above ("Sponsor"), an employer under Minnesota law and other applicable law. This Contract includes a Summary of Coverage and Disclosure of Information (“SB”), attached hereto and incorporated herein by this reference, and the Evidence of Coverage, incorporated herein by this reference, and any amendments. The terms and conditions of the Benefits provided under this Contract are explained more fully in the Evidence of Coverage for the Plan provided under this Contract. The SB will be read consistently with the Evidence of Coverage to the extent feasible. If there is a conflict between the terms and conditions of the SB and the Evidence of Coverage, the Evidence of Coverage will govern. This Contract is delivered in the state of Minnesota. This Contract is subject to annual review by the federal government. Availability of coverage in future years is not guaranteed. The capitalized and other terms used in this Contract have the same meanings given those terms defined in the Evidence of Coverage, unless otherwise specifically defined in this Contract. If this Contract is purchased by Sponsor to provide benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act, 29 U.S.C. 1001, et seq. (“ERISA”), this Contract is governed by federal law, including ERISA and, the laws of the State of Minnesota, to the extent not preempted by applicable federal law. If this Contract is not governed by ERISA, it is governed by the laws of the State of Minnesota. If this Contract is governed by ERISA, any legal action between the parties to this Contract arising out of or relating to this Contract will be brought in the federal district court for the district of Minnesota. If this Contract is not governed by ERISA, any legal action between the parties of this Contract arising out of or relating to this Contract will be brought in state court in Hennepin County, Minnesota. Page 78 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 2 of 15 In consideration of payment of the monthly premiums (“Medica Premium(s)”) by Members and payment of any applicable Deductible(s), Copayments, and Coinsurance by or for Members, Medica will provide coverage for the Benefits set forth and defined in the SB and the Evidence of Coverage, and any amendments thereto, subject to all terms and conditions, including limitations and exclusions, in this Contract. “Member” is an individual properly enrolled for coverage under the Evidence of Coverage. This Contract replaces and supersedes any previous agreements between Sponsor and Medica relating to Benefits under this Contract. Medica will not be deemed or construed to be an employer for any purpose with respect to the administration or provision of Benefits under the Sponsor’s welfare benefit plan. Medica will not be responsible for fulfilling any duties or obligations of Sponsor, including but not limited to any regulatory filings required of employers, plan administrators, or plan sponsors. Medica is responsible for notifying eligible persons of all contractual changes relating to Medica Premiums and enrollment information, if applicable. ARTICLE 2 TERM OF CONTRACT Section 2.1 Term and Renewal. The initial term of this Contract is effective from July 1st, 2025 ("Effective Date") to December 31st, 2025 ("Expiration Date"), and may be renewed in accordance with the following paragraph. All coverage under this Contract begins at 12:01 a.m. Central Time. This Contract may be renewed for an additional term of one year at the end of the initial term and at the end of each Contract renewal term. At least 30 days before the end of the initial term or each Contract renewal term, Medica will notify Sponsor of any modifications to this Contract, including Medica Premiums and Benefits for the next one-year term of this Contract (“Renewal Terms”). If Sponsor accepts the Renewal Terms or if Sponsor and Medica agree on different Renewal Terms, this Contract is renewed for the additional Contract term, unless Medica or Sponsor terminates this Contract pursuant to Section 2.2. Section 2.2 Termination of This Contract. Sponsor may terminate this Contract after at least 60 days’ prior written notice to Medica. This Contract is guaranteed renewable and will not be terminated by Medica except for the reasons as stated below and effective as stated below. Terminations for the reasons stated below require at least [60] days’ written notice from Medica, unless otherwise specified: (a) Upon notice to an authorized representative of the Sponsor when any Member does not pay the required Medica Premium when due, provided, however, that this Contract can be reinstated when Member coverage is reinstated pursuant to Section 4.2; (b) On the date specified by Medica because Sponsor provided Medica with false information material to the execution of this Contract or to the provision of Benefits under this Contract. Medica has the right to rescind this Contract back to the Effective Date, subject to applicable law; Page 79 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 3 of 15 (c) On the date specified by Medica due to Sponsor’s violation of the participation or contribution rules as determined by Medica; (d) Automatically on the date Sponsor ceases to do business pursuant to 11 U.S.C. Chapter 7; (e) On the date specified by Medica, after at least 60 days prior written notice to Sponsor, that this Contract is terminated because Medica will no longer issue this particular type of group health benefits plan within the applicable employer market; (f) On the date specified by Medica, after at least 90 days prior written notice to the Sponsor and, if required, to the applicable state authority, that this Contract will be terminated because Medica will no longer renew or issue any group health benefits plan within the applicable employer market; (g) On the date specified by Medica when there is no longer any Member who resides in Medica’s approved service area; (h) On the date specified by Medica upon termination of Medica’s contract with the Centers for Medicare and Medicaid Services (“CMS”); and (i) Any other reasons or grounds permitted by the licensing laws and regulations governing Medica, provided not inconsistent with applicable Federal law. Notwithstanding the above, Medica may modify the Medica Premium rate(s) and/or the coverage at renewal. Nonrenewal of coverage as a result of failure of Medica and the Sponsor to reach agreement with respect to modifications in the Medica Premium rate(s) or coverage will not be considered a failure of Medica to provide coverage on a guaranteed renewable basis. Failure of any Member to pay required Medica Premiums on a timely basis to Medica will result in termination of coverage to the Member. Section 2.3 Notice of Termination. Medica will notify: (a) Sponsor in writing if Medica terminates this Contract for any reason; (b) Member in writing if Medica terminates a Member’s coverage under the Contract due to nonpayment of Medica Premium by such Member. Sponsor will provide timely written notification to Members of such termination in all circumstances for which Medica does not provide written notification to Members. Section 2.4 Effect of Termination. In the event of termination of this Contract: (a) All Benefits under this Contract will end at 12:00 midnight Central Time on the effective date of termination; (b) Medica will not be responsible for any claims for health services received by Members after the effective date of the termination, unless otherwise specified in the Evidence of Coverage; (c) Individual Members will be and will remain liable to Medica for the payment of any and all Medica Premiums that are unpaid at the time of termination; and (d) Upon termination of the Contract, Members will automatically revert to traditional Medicare Part A and Part B coverage. Page 80 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 4 of 15 ARTICLE 3 ENROLLMENT AND ELIGIBILITY Section 3.1 Eligibility and Enrollment. Sponsor has sole discretion to determine whether a person is eligible to enroll for Benefits, subject to applicable laws, the terms of this Contract, and the following eligibility requirements: Eligibility Requirements – to be eligible to enroll, an individual must: (a) be (i) a Medicare eligible retiree of the Sponsor; or (ii) a Medicare eligible spouse or Domestic Partner (as defined below) or a Medicare eligible dependent of a retiree of the Sponsor; and (b) be enrolled in Medicare Parts A and B; and (c) continue to pay his or her Medicare Part A and/ or Part B premium, as appropriate; and (d) reside permanently within the Medica Group Advantage Solution Plan service area; and (e) not be enrolled in a hospice program at the time of application; and (f) agree to abide by all of the Medica Group Advantage Solution Plan rules; and (g) meet the eligibility criteria established by the Sponsor. A person who does not satisfy the above requirements is not eligible to enroll for coverage under this Contract. If there is a conflict between the Evidence of Coverage and the eligibility requirements in this Section of the Contract, this Section of the Contract governs. “Domestic Partner” is defined as an adult who Sponsor determines: (a) is in a committed and mutually exclusive relationship with the retiree of the Sponsor and is jointly responsible for the retiree’s welfare and financial obligations; and (b) resides with the retiree of the Sponsor in the same principle residence and intends to do so permanently; and (c) is at least 18 years of age and unmarried; and (d) is not a blood relative of the retiree of the Sponsor; and (e) is of the same gender as the retiree of the Sponsor. Medica will rely upon Sponsor’s determination for participation in the Plan under this Contract regarding a person’s eligibility and selection to enroll for Benefits. Sponsor will be responsible for maintaining information verifying its continuing eligibility and the continuing eligibility of eligible Members under this Contract. This information will be provided to Medica as reasonably requested by Medica. Sponsor will also maintain written documentation of a waiver of coverage by an eligible person and provide this documentation to Medica upon reasonable request. Sponsor will provide enrollee information necessary for Medica to effectuate enrollments when requested by Medica, and in the format requested by Medica. Section 3.2 Initial/Open/Off-Cycle Enrollment. As determined by Sponsor, enrollment may be limited to initial [and open] enrollment periods, CMS’ annual enrollment period, or the Sponsor’s open enrollment period, [and off-cycle enrollment due to qualifying event], as follows: (a) “Initial Enrollment Period” is the 90-day period starting with the date the person is first eligible to enroll for coverage under this Contract. An eligible person must apply within this period for coverage to begin the first day of the month following Medica’s receipt of the application and acceptance of enrollment by CMS. An eligible person who does not enroll during the Initial Enrollment Period may enroll for coverage during the next Open Page 81 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 5 of 15 Enrollment Period or Off-Cycle Enrollment Due to qualifying event (Special Election Period). (b) “Open Enrollment Period” is a minimum 14-day period set by the Sponsor and Medica each year during which eligible persons may enroll for coverage. (c) “Off-Cycle Enrollment Due to qualifying event (Special Election Period)” is allowed if the eligible person was enrolled for health coverage under a spouse’s or Domestic Partner’s health benefits plan and such coverage ends due to one of the following qualifying events: (i) spouse’s or Domestic Partner’s voluntary or involuntary termination or layoff from employment; (ii) death or permanent disability of the spouse or Domestic Partner; or (iii) divorce. Section 3.3 Effective Date of Enrollment. Applications must be signed, dated and received by Medica by the last business day of the month in order to be effective the first day of the following month. However, the enrollment is not effective until Medica considers the application complete and it is accepted by CMS. Coverage begins at 12:01 a.m. on the Member’s effective date. Applications may be submitted up to three months immediately prior to the person’s entitlement to Medicare Parts A and B. No retroactive enrollments will be allowed except as permitted by CMS. Section 3.4 Effective Date of Request for Disenrollment. The disenrollment will be effective the last day of the month in which notification is received by Medica, unless a later date is requested. The requested disenrollment date cannot be effective more than three months after Medica’s receipt of the request. The disenrollment request will come from the Sponsor or Member in writing. Additional disenrollment provisions are specified in the Evidence of Coverage. No retroactive disenrollment will be allowed except as permitted by CMS. Section 3.5 Reliance on Data & Direction. Notwithstanding any provision of this Agreement to the contrary, Medica is not responsible or liable for any acts or omissions made pursuant to any direction, consent, or other request reasonably believed by Medica to be genuine and from an authorized representative of Sponsor. Medica is not responsible or liable for acts or omissions made in reliance on erroneous data provided by Sponsor to the extent Medica's acts or omissions are attributable to the erroneous data, or for the failure of Sponsor to perform their respective obligations under this Agreement. ARTICLE 4 PREMIUMS Section 4.1 Monthly Medica Premiums. The monthly Medica Premiums for this Contract are specified in the welcome letter and subsequent annual notice of change letter. Invoices are generated and sent to Members on or about the 11th of the month for the month following. Medica Premiums must be submitted by Member to Medica by the 7th day of each calendar month. 1. Member will be responsible for payment to Medica of the monthly Medica Premium. 2. If the Medicare Prescription Drug Benefit Program (“Part D Benefits”) are included in the SB, the following CMS restrictions apply. (a) Sponsor cannot vary the monthly Member contribution for the Part D Benefits Premium for individuals within a given class of Members. Page 82 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 6 of 15 (b) Sponsor will determine the amount of the monthly Member contribution for the Part D Benefits Premium and Sponsor may subsidize different amounts for different classes of Members in Sponsor group Part D Benefits provided such classes are reasonable and based on objective business criteria, such as years of service, date of retirement, business location, job category, and nature of compensation (e.g., salaried vs. hourly). Different classes cannot be based on eligibility for the Low Income Subsidy, as defined below. (c) Sponsor cannot charge a Member more for prescription drug coverage provided under the Evidence of Coverage than the monthly Member contribution for the Part D Benefits Premium attributable to basic prescription drug coverage and 100% of the monthly Member contribution attributable to his or her non-Medicare Part D Benefits. Sponsor must pass through any direct subsidy payments received from CMS to reduce the amount that Member pays (or in those instances where a Member who is the subscriber in Plan pays premiums on behalf of a Medicare eligible spouse or dependent, the amount the subscriber pays). The Medica Premium includes pass-through of the direct subsidy amount, that is, the direct subsidy has already been subtracted from the Part D Benefits Premium, as reflected in the Medica Premium. (d) For all Members eligible for the Low Income Subsidy program, as defined below, the low income premium subsidy amount will first be used to reduce the monthly Member contribution for the Part D Benefits Premium with any remaining portion of the subsidy amount then applied toward the monthly Sponsor contribution for the Part D Benefits Premium. (The “Low Income Subsidy” program is a Medicare Prescription Drug Benefit Program that provides assistance in the form of a subsidy for prescription drug costs to eligible individuals whose income and resources are limited.) (e) If the low income premium subsidy amount for which a Member is eligible is less than the monthly Member contribution for the Part D Benefits, then Sponsor should communicate to the Member the financial consequences for enrolling in a Sponsor sponsored group prescription drug benefit as compared to enrolling in another Medicare Prescription Drug Benefit Program with a monthly premium equal to or below the low income premium subsidy amount. Sponsor should also communicate to the Member any adverse consequences to enrollment in Sponsor’s Medicare Plan if Member chooses to disenroll from the Sponsoring group’s Part D Benefits. Member must continue to pay Medicare Part B premiums, and Medicare Part A premiums (if required). How to pay Medica Premiums: Member will pay Medica Premiums to Medica at the billing address stated in the Acceptance of Contract provision, set forth at the end of this Contract, and the Evidence of Coverage. In exchange for Medica Premiums paid, Medica will arrange for the provision of Benefits. In doing so, Medica may enter into agreements with Providers of health care, one or more insurers, and such other individuals and entities as may be necessary to enable Medica to fulfill its obligations under this Contract. Section 4.2 Grace Period. Member has a grace period of 60 calendar days after the due date stated in Section 4.1 to pay the Medica Premium. Failure to pay such premium, in whole or in Page 83 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 7 of 15 part, within the grace period will result in Medica pursuing its collection process against the Member. If Member fails to pay the Medica Premium, the Member’s coverage under the Contract will be terminated. Medica will not be responsible for services received after the effective date of termination. Section 4.3 Medica Premium Calculation. The Medica Premium owed by Members will be calculated by Medica in accordance with Medica’s community rating system. Member coverage for Benefits may be terminated only at the end of the calendar month in which Medica is notified and a full Medica Premium rate for that month will apply. Section 4.4 Retroactive Medica Premium Adjustments. In accordance with applicable law, retroactive adjustments may be made for any additions of Members not reflected in Medica’s records at the time Medica Premiums were calculated by Medica. With respect to terminations of Member’s coverage, no retroactive credit will be granted for any month in which a Member received Benefits. No retroactive Medica Premium refund will be granted for termination of Member’s coverage unless permitted by CMS. Notwithstanding the preceding paragraph, Member will pay Medica Premium for any month during which a Member received Benefits. Section 4.5 Medica Premium Reconciliation and Collection. If Medica’s invoice is not paid as billed, Medica will pursue payment. If Member fails to make payment by the Medica Premium due date, Medica will send written notice to Member. Final written notice will be issued the second month following the original payment due date. If payment is not received by the end of the month, Medica will terminate the Contract. Section 4.6 Medica Credit. If there is a credit after Medica completes the billing reconciliation process, a letter will be sent to Member within 30 calendar days from the receipt date of the payment. A credit will be applied to the next billing cycle unless Member requests a refund. Section 4.7 Medica Premium Changes. Medica may change Medica Premiums annually after 30 days’ prior written notice to Sponsor and Member [on: (a) the first anniversary of the effective date of this Contract; (b) any monthly due date after the first anniversary of this Contract; or (c) any date the provisions of this Contract are amended. Section 4.8 Fees. Medica may charge Member: (a) a late payment charge in the form of a finance charge of 1% per annum for any Medica Premiums not received by the due date; and (b) a service charge for any non-sufficient-fund check received in payment of Medica Premiums. Page 84 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 8 of 15 ARTICLE 5 INDEMNIFICATION Medica will hold harmless and indemnify Sponsor against any and all claims, liabilities, damages or judgments asserted against, imposed upon or incurred by Sponsor, including reasonable attorney fees and costs, that arise out of Medica’s grossly negligent acts or omissions in the discharge of its responsibilities to a Member. Sponsor will hold harmless and indemnify Medica against any and all claims, liabilities, damages or judgments asserted against, imposed upon or incurred by Medica, including reasonable attorney fees and costs, that arise out of Sponsor’s or Sponsor’s employees’, agents’, and representatives’ grossly negligent acts or omissions in the discharge of its or their responsibilities under this Contract. Sponsor and Medica will promptly notify the other of any potential or actual claim for which the other party may be responsible under this Article 5. ARTICLE 6 ADMINISTRATIVE SERVICES The services necessary to administer this Contract and the Benefits provided under it will be provided in accordance with Medica’s or its designee’s standard administrative procedures. If Sponsor requests such administrative services be provided in a manner other than in accordance with these standard administrative procedures, including requests for non-standard reports, and if Medica agrees to provide such non-standard administrative services, Sponsor will pay for such services or reports at Medica’s or its designee’s then-current charges for such services or reports. ARTICLE 7 CLERICAL ERROR A Member will not be deprived of coverage under the Contract because of a clerical error. Furthermore, a Member will not be eligible for coverage beyond the scheduled termination date because of a failure to record the termination. ARTICLE 8 ERISA / CONTRACT INTERPRETATION If all or a portion of this Contract is entered into by Sponsor to provide Benefits under an employee welfare benefit plan governed by ERISA, Medica will not be named as and will not be the plan administrator or the named fiduciary of the employee welfare benefit plan, as those terms are used in ERISA. Regardless of whether all or a portion of this Contract is subject to ERISA, the parties agree that Medica has sole, final, and exclusive discretion to: (a) interpret and construe the Benefits under the Contract and the Evidence of Coverage; (b) interpret and construe the other terms, conditions, limitations and exclusions set out in the Contract and the Evidence of Coverage; Page 85 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 9 of 15 (c) change, interpret, modify, withdraw or add Benefits without the approval of Members; and (d) make factual determinations related to the Contract, Evidence of Coverage and the Benefits. For purposes of overall cost savings or efficiency, Medica may, in its sole discretion, provide services that would otherwise not be Benefits. The fact that Medica does so in any particular case will not in any way be deemed to require it to do so in other similar cases. Medica may, from time to time, delegate discretionary authority to other persons or entities providing services under this Contract. ARTICLE 9 DATA OWNERSHIP, USE AND NON-DISCLOSURE To the extent not inconsistent with applicable law, information and data acquired, developed, generated, or maintained by Medica in the course of performing under this Contract will be Medica’s sole property. Except as this Contract or applicable law requires otherwise, Medica will have no obligation to release such information or data to Sponsor. Medica may, in its sole discretion, release such information or data to Sponsor, but only to the extent permitted by law and subject to any restrictions determined by Medica. Sponsor acknowledges that the benefits and pricing of this Plan are designed exclusively to meet the needs of Sponsor’s retirees and should not be presumed to be transferrable to other plan sponsors or employers. Sponsor agrees not to disclose the terms and conditions of this Contract, including without limitation the pricing terms, other than for the purposes of fulfilling the objectives of this Contract. ARTICLE 10 AMENDMENTS AND ALTERATIONS Section 10.1 Standard Amendments. Except as provided in Section 10.2, amendments to this Contract are effective 30 days after Medica sends Sponsor a written amendment. Unless regulatory authorities direct otherwise, Sponsor’s signature will not be required. No Medica agent or broker has authority to change this Contract or to waive any of its provisions. Section 10.2 Regulatory Amendment. Medica may amend this Contract to comply with requirements of state and federal law (“Regulatory Amendment”) and will issue to Sponsor such Regulatory Amendment and give Sponsor notice of its effective date. The Regulatory Amendment will not require Sponsor’s consent and, unless regulatory authorities direct otherwise, Sponsor’s signature will not be required. Any provision of this Contract that conflicts with the terms of applicable federal or state laws, regulations, or CMS policies or requirements is deemed amended to conform to the minimum requirements of such laws, regulations, or CMS policies or requirements. Page 86 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 10 of 15 ARTICLE 11 ASSIGNMENT Neither party will have the right to assign any of its rights and responsibilities under the Contract to any person, corporation or entity without the prior written consent of the other party; provided, however, that Medica may, without the prior written consent of the Sponsor, assign this Contract to any entity that controls Medica, is controlled by Medica, or is under common control with Medica. In the event of assignment, the Contract will be binding upon and inure to the benefit of each party’s successors and assigns. Any purported assignment of Sponsor’s rights or obligations in violation of this Article is null and void. ARTICLE 12 DISPUTE RESOLUTION In the event that any dispute, claim or controversy of any kind or nature relating to this Contract arises between the parties, the parties agree to meet and make a good faith effort to resolve the dispute. The party requesting the meeting will provide the other, in advance of the meeting, with written notice of the claimed dispute. Upon receipt of the written notice, representatives for each party will meet promptly to attempt to resolve the dispute. If a mutually agreeable resolution is not reached within 30 days following receipt of the written notice, either party may pursue legal action in accordance with the terms of this Contract. The parties may mutually agree to waive the informal dispute resolution process set forth herein. Any such waiver must be in writing and executed by both parties. ARTICLE 13 TIME LIMIT ON CERTAIN DEFENSES No statement made by Sponsor, except a fraudulent statement, will be used to void this Contract after it has been in force for a period of 2 years. ARTICLE 14 RELATIONSHIPS OF PARTIES The relationship between Sponsor and any Member is that of Sponsor and Member as defined in this Contract. The relationship between Medica and Sponsor is a solely contractual relationship between independent contractors. The relationship between Medica and Network Providers is a solely contractual relationship between independent contractors. Network Providers are not agents or employees of Medica, and Medica and its employees are not agents or employees of Network Providers. The relationship between a Medica Network Provider and any Member is that of provider and patient, and the Network Provider is solely responsible for the services provided to any Member. Page 87 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 11 of 15 ARTICLE 15 SPONSOR RECORDS Sponsor will be responsible for obtaining any required consents from Members which allow Medica to provide Sponsor with a Member’s Protected Health Information, as defined below. Medica may at any reasonable time inspect all documents furnished to Sponsor by an individual in connection with the Benefits, Sponsor’s payroll records, and any other records pertinent to the Benefits under this Contract. Although it is not anticipated that Sponsor will receive protected health information (“Protected Health Information” or “PHI”), to the extent required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Sponsor agrees that it has amended its documents to reflect the restrictions on use and disclosure of PHI as required by HIPAA and that the Sponsor agrees to the required use and disclosure restrictions provided by HIPAA as follows: 1. The Sponsor will not use or further disclose such PHI other than as permitted or required by this Contract or as required by law (as defined in the HIPAA privacy standards). 2. The Sponsor will ensure that any agents, including a subcontractor, to whom the Sponsor or any party acting on behalf of the Sponsor provides PHI, agree to the same restrictions and conditions that apply to the Sponsor with respect to such PHI. 3. The Sponsor will not use or disclose PHI for employment-related actions and decisions or in connection with any other benefit or employee benefit plan of the Sponsor, except under an authorization which meets the requirements of the HIPAA privacy standards. 4. The Sponsor will report to Medica any PHI use or disclosure that is inconsistent with the uses or disclosures provided for of which the Sponsor becomes aware. 5. The Sponsor will make available PHI in accordance with a covered person's right of access under the HIPAA privacy standards. 6. The Sponsor will make available PHI for amendment and incorporate any amendments to PHI in accordance with the HIPAA privacy standards. 7. The Sponsor will make available the information required to provide an accounting of certain disclosures of PHI in accordance with the HIPAA privacy standards. 8. The Sponsor and any of its agents, including a subcontractor, will make its internal practices, books and records relating to the use and disclosure of PHI available to the Secretary of the U.S. Department of Health and Human Services for purposes of determining compliance by the Sponsor with the HIPAA privacy standards. 9. If feasible, the Sponsor and any of its agents, including a subcontractor, will return or destroy all PHI received from any party when the PHI is no longer needed for the purpose for which it was disclosed. If such return or destruction is not feasible, the Sponsor will impose all necessary protections to maintain the security of the PHI. 10. The Sponsor will ensure that PHI is only accessible to employees on an “as need to know basis.” 11. Sponsor will provide access to a copy of this Contract to Medica upon request by Medica or CMS. Page 88 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 12 of 15 ARTICLE 16 MEMBER RECORDS By accepting Benefits under this Contract, each Member authorizes and directs any person or institution that has provided services to the Member to furnish Medica or any of Medica’s designees at any reasonable time, upon its request, any and all information and records or copies of records relating to the Benefits provided to the Member. In accordance with applicable law, Medica and any of Medica’s designees will have the right to release any and all records concerning health care services: (i) as necessary to implement and administer the terms of this Contract; or (ii) for appropriate medical review or quality assessment. Such Member information and records will be considered confidential medical records by Medica and its designees. ARTICLE 17 NOTICE All notices, requests, demands and other communications by either party as required or permitted under the terms of this Contract shall be in writing and sent to the addresses set forth below in the Acceptance of Contract provision and shall be made to the attention of the signatory of this Contract or to such other address or individual as the parties may specify from time to time by written notice, to the other party, and shall be deemed delivered: (a) if delivered in person, on the date delivered in person; (b) if delivered by a courier, on the date stated by the courier; (c) if delivered by an express mail service, on the date stated by the mail service vendor; or (d) if delivered by registered or certified mail, 3 business days after date of mailing. Notwithstanding the above, the parties may agree that regular USPS mail delivery and electronic mail transmission are acceptable, in which case the parties shall define and mutually agree upon the expectations for delivery and receipt and method of verification. A party can change its address for receiving notices by providing the other party a written notice of the change. ARTICLE 18 COMMON LAW No language contained in the Contract constitutes a waiver of Medica’s rights under common law. ACCEPTANCE OF CONTRACT This Contract is deemed accepted by Sponsor upon the earlier of Medica’s receipt of its first payment of the Medica Premium or upon Sponsor‘s execution of this Contract by its duly authorized representative. This Contract is deemed accepted by Medica upon Medica’s deposit of the first payment of the Medica Premium. Such acceptance renders all terms and provisions herein binding on Medica and Sponsor. Page 89 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 13 of 15 Signature page follows. Page 90 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 14 of 15 IN WITNESS WHEREOF, authorized representatives of the Parties to this Contract have executed this Contract on the date set forth below to take effect on the Effective Date stated in the Contract. The designated Medica representative for issues related to this Contract is the Account Executive. MEDICA HEALTH PLANS SPONSOR: Corporate Office Address: Address: 401 Carlson Parkway Minnetonka, MN 55305-5387 Telephone: Telephone: (952) 992-8568 1-800-575-2330 By: By:________________________________ Signature: (Nichole Melton Mitchell) Signature Title: SVP, Strategic Product & Business Development Title:_______________________________ Date: Date:_______________________________ Billing Address: P.O. Box 64847 St. Paul, MN 55164-0847 Mailing Address: P.O. Box 9310 Mail Route CP320 Minneapolis, MN 55440 Account Executive: Leah Benson 401 Carlson Parkway Minnetonka, MN 55305-5387 (952) 992-8568 1-800-575-2330 SPONSOR: Address: Telephone: By:_______________________________ Signature Title:_______________________________ Date:_______________________________ Page 91 of 301 MN-MA-MGC-G-Ind.-September 2018 Page 15 of 15 Page 92 of 301 Date: 6/2/2025 Approve ALF Ambulance 2026 Budget Proposed Action Staff recommends adoption of the following motion: Move to approve the ALF Ambulance 2026 Budget. Passage of this motion will result in approval of the ALF Ambulance 2026 budget. Overview The Joint Powers Agreement states "On or before July 1 of each year, the annual operating budget for the following calendar year as recommended by the Board shall be submitted to each member City Council for approval or disapproval." The ALF Amublance Board, at its May 22, 2025 meeting, recommended City Council approval fo the attached budget. Supporting Information 1. ALF 2026 Budget Board Resolution Financial Impact: $500 Budgeted: Yes Source: Township/City Payments, Interest Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Julie Stahl, Finance Director Page 93 of 301 Page 94 of 301 Page 95 of 301 Date: 6/2/2025 Resolutions Authorizing the Purchase of Real Property Located at 17622 Dodd Boulevard and Authorizing Funding Proposed Action Staff recommends adoption of the following motion: Move to adopt resolutions approving the acquisition of certain real property located at 17622 Dodd Boulevard and authorizing funding. Overview City staff have been analyzing potential land acquisition to reliably provide public services and municipal facilities that will create safe and responsive public services that meet the existing and future needs of the City. Recent studies suggest that the City consider the construction of a new Fire Station centrally located in the vicinity of the intersection of Cedar Avenue and Dodd Boulevard, and the construction of a satellite Water Treatment Plant. Staff identified the property at 17622 Dodd Boulevard as a viable location that could accommodate both uses. The property consists of two parcels (PID Nos. 22-00900-79-011 and 22-73370-00-070) zoned C-3, General Commercial District, totaling 12.23 acres. The City contracted an independent appraiser to estimate the market value of the property. The appraiser’s estimated market value of the land, as of September 27, 2024, was $4,660,000. The property has been on and off the market several times in recent years. Between April 2019 and May 2022, the list price ranged from a low of $4,490,000 to a high of $5,495,000. The most recent listing price was $5,975,000. The City and property owners reached agreement on the terms and conditions of the land acquisition through direct negotiation. Compensation and the conveyance of the land is subject to City Council approval, verification of marketable title and lender consent (if applicable). Potential funding sources for the purchase of the land include revenue from Franchise Fees, General Fund Public Safety Aid, and the Water Trunk Fund. There may be remaining land available after construction of the public facilities. The highest and best use of the remainder of the site could be used for additional future public facilities or may be more suitable for development. Supporting Information 1. 2025.06.02 Resolution Approving Land Acquisition 2. 2025.06.02 Purchase Agreement_Fischers 3. 2025.05.27 CED Comp Plan Review Memo 4. 2025.06.02 Resolution Authorizing Funding Page 96 of 301 Financial Impact: $5,700,000 Budgeted: Yes Source: Multiple Sources Envision Lakeville Community Values: Design that Connects the Community Report Completed by: Zach Johnson, City Engineer Page 97 of 301 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 25- RESOLUTION APPROVING THE ACQUISITION OF REAL PROPERTY WHEREAS, David and Carol Fischer are the owners of property located at 17622 Dodd Boulevard, Lakeville, Minnesota consisting of two parcels with PID Nos. 22-00900-79-011 and 22- 73370-00-070 (“Property”); and WHEREAS, the City is proposing to acquire the Property pursuant to the terms of that certain Purchase Agreement that is presented to City Council Approval (“Purchase Agreement”); and WHEREAS, the planning agency has reviewed the acquisition and finds that it is consistent with the City’s comprehensive municipal plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville that the Purchase Agreement is hereby approved and the Mayor, City Administrator, and City Clerk are authorized and directed to execute all documents and take all appropriate measures to acquire the Property under the terms of the Purchase Agreement. ADOPTED by the Lakeville City Council this 2nd day of June 2025. CITY OF LAKEVILLE _______________________________ Luke M. Hellier, Mayor ATTEST: ______________________________ Ann Orlofsky, City Clerk Page 98 of 301 1 235717v7 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT is effective as of the ____ day of _______________, 2025 (“Effective Date”), by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation, 20195 Holyoke Avenue, Lakeville, MN 55044 (“Purchaser”), and DAVID A. FISCHER and CAROL L. FISCHER, spouses married to each other, residing at 3495 250th Street East, Farmington, MN 55024 (“Sellers”). AGREEMENT In consideration of the mutual covenants and agreements herein contained and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. OFFER/ACCEPTANCE. Subject to compliance with the terms, covenants and conditions of this Purchase Agreement, Sellers shall convey to the Purchaser and the Purchaser shall accept from Sellers the property located at 17622 Dodd Boulevard, Lakeville, Minnesota consisting of two parcels with PID Nos. 22-00900-79-011 and 22-73370-00-070, based on the legal description as verified by an ALTNA/ACSM survey of the Property (“Survey”) to be obtained by Purchaser at Purchaser’s sole cost (“Property”). 2. PRICE AND TERMS. The price for the Property included under this Purchase Agreement is Five Million Four Hundred Thousand and No/100 Dollars ($5,400,000.00) (“Purchase Price”), which the Purchaser shall pay to Sellers as follows: A. The sum of Twenty-Five Thousand and No/100 Dollars ($25,000.00) earnest money (the “Deposit”) shall be deposited with the Title Company (as hereinafter defined) within five (5) business days of execution of this Agreement by both parties. The Deposit shall be held in escrow by the Title Company in a non-interest bearing account and shall be disbursed in accordance with the terms of this Agreement. B. The remaining balance of the Purchase Price, subject to closing adjustments and pro- rations and after crediting the Deposit, shall be paid by wire transfer of immediately available funds at the Closing (as hereinafter defined) to an account designated by Sellers. 3. DEED/MARKETABLE TITLE. Upon performance by the Purchaser, Sellers shall execute and deliver a Warranty Deed, conveying good and marketable title of record, subject to: A. Covenants, conditions, restrictions, declarations and easements of record, if any. B. Reservations of minerals or mineral rights by the State of Minnesota, if any. Page 99 of 301 2 235717v7 C. Building and zoning laws, ordinances, state and federal regulations. D. Any encumbrances shown on the title commitment to which Purchaser has not objected to under Paragraphs 8 and 9 of this Agreement (“Permitted Encumbrances”). 4. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Prior Years’ Delinquent Real Estate Taxes and Delinquent Special Assessments. Delinquent real estate taxes payable in years prior to the year of Closing and delinquent installments of special assessments certified for collection with real estate taxes payable in years prior to the year of Closing, together with penalty, interest and costs, shall be paid by Sellers not later than the Closing Date. B. Real Estate Taxes Payable in the Year of Closing. Real estate taxes payable in the year of Closing shall be prorated between Sellers and Purchaser on a calendar year basis to the Closing Date. Sellers shall pay penalty, interest and costs on any delinquent installment of taxes and special assessments payable by Sellers in the year of Closing. C. Deferred Real Estate Taxes. Sellers shall pay on Closing Date any deferred real estate taxes (including “Green Acres” taxes under Minn. Stat. § 273.111) for the Property, payment of which is required as a result of the Closing of this sale and the recording of the Deed. Provision for payment shall be by payment into escrow of 1.5 times the estimated payoff amount of the deferred taxes. D. Certified Special Assessments. All installments of special assessments certified for payment with the real estate taxes payable in the year of Closing shall be paid by Sellers at Closing. E. Pending Special Assessments. Sellers shall provide for payment of special assessments pending as of the date of this Purchase Agreement for improvements that have been ordered by the City Council or other governmental authorities. F. All Other Levied Special Assessments. Sellers shall pay on the Closing Date all other special assessments levied as of the date of this Purchase Agreement. 5. SELLERS’ BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Sellers warrant that, to their actual knowledge, buildings on adjoining real property, if any, are entirely outside of the boundary lines of the Property. Sellers warrant that there has been no labor or material furnished to the Property for Sellers for which payment has not been made. 6. DUE DILIGENCE. For 90 days from the Effective Date, and upon reasonable notice to Sellers, Purchaser and Purchaser’s authorized agents shall have the right to enter in and upon the Page 100 of 301 3 235717v7 Property in order to make, at Purchaser’s expense, surveys, measurements, soil tests, and other tests that Purchaser may deem necessary. Purchaser agrees to restore any resulting damage to the Property and to indemnify, hold harmless, and defend Sellers from any and all claims by third persons of any nature whatsoever arising from Purchaser’s right of entry hereunder, including all actions, proceedings, demands, assessments, costs, expenses, and attorneys' fees. Purchaser shall not perform any invasive testing of the Property without Sellers’ prior written consent. Purchaser’s obligations under this Section shall survive the closing or earlier termination of this Agreement. Notwithstanding the foregoing, to the extent that the Purchaser is required to indemnify the Sellers, the Purchaser’s indemnification is limited to its limits of liability provided under Minn. Stat. Ch. 466. This Paragraph 6 shall survive the delivery of the Deed at Closing and/or any termination of this Agreement for a period of one (1) year. Notwithstanding anything else herein to the contrary, the Closing Date shall be extended if required to allow the Purchaser the time period set forth above. 7. POSSESSION. Sellers shall deliver possession of the Property not later than the actual Closing Date. Prior to Closing, Sellers shall have removed all personal property, possessions, and debris from the Property. All interest, fuel oil, liquid petroleum gas, and all charges for city water, city sewer, electricity, and natural gas shall be prorated between the Parties as of Closing Date. 8. TITLE INSURANCE. Within twenty (20) days of execution of the date of this Agreement, Purchaser shall cause to be issued, with a copy delivered to Sellers, an acceptable commitment for an Owner’s title insurance policy for the Property (the “Commitment”) issued by Land Title, Inc. (“Title Company”) pursuant to which the Title Company agrees to issue to the Purchaser upon the recording of the documents of conveyance referred to herein an Owner’s title insurance policy insuring the Property in an amount equal to the total Purchase Price. The Commitment shall include proper searches covering bankruptcies, state and federal judgments and liens and levied and pending special assessments. The Commitment shall be issued with the following commitments: A. Insures that at Closing, Purchaser shall have marketable and insurable title of record to the Property, free and clear of all liens, encumbrances, leases, claims and charges, all material easements, rights-of-way, covenants, conditions and restrictions and any other matters affecting title, and deleting all exceptions, except for such matters as are approved by Purchaser in writing. B. Waives or insures against the following standard exceptions: i. Facts which would be disclosed by a comprehensive Survey of the Property. ii. Rights and claims of parties in possession. iii. Mechanic’s, contractor’s and material liens and lien claims. Purchaser shall be allowed twenty (20) business days after the receipt of the title commitment for examination of title and making any objections, which shall be made in writing or deemed waived. Page 101 of 301 4 235717v7 At Closing, Purchaser will receive a Proforma Title Insurance Policy (the "Title Policy") issued by the Title Company pursuant to the Commitment, or a suitably marked-up Commitment initialed by the Title Company undertaking to issue such a Title Policy in the form required by the Commitment as approved by Purchaser. 9. TITLE CORRECTIONS AND REMEDIES. Sellers shall have until the Closing Date to make title marketable. Upon receipt of Purchaser's title objections, Sellers shall, within ten (10) business days, notify Purchaser of Sellers’ intention to make title marketable prior to the Closing Date. Liens or encumbrances for liquidated amounts which can be released by payment or escrow from proceeds of closing shall not delay the closing. Cure of the defects by Sellers shall be reasonable, diligent, and prompt. If notice is given, payments hereunder required shall be postponed pending correction of title, but upon correction of title and within ten (10) days after written notice to Purchaser, the Parties shall perform this Agreement according to its terms. If no such notice is given or if notice is given but title is not corrected within the time provided for, the Purchaser (at Purchaser's option) shall have the right to: (a) terminate this Agreement and the Deposit shall be refunded to Purchaser, without interest; or (b) waive such objections and take title to the Property subject to such objections. Any exceptions waived or accepted by Purchaser shall be deemed to be Permitted Encumbrances. 10. COVENANTS, REPRESENTATIONS AND WARRANTIES. Sellers, as part of the consideration, therefore, represents warrants and covenants with Purchaser and its successors and assigns as follows: A. Sellers have or as of the Closing Date will have marketable and insurable title to the Property of record, free and clear of all liens, encumbrances, leases, claims and charges, all material easements, rights-of-way, covenants, conditions and restrictions and any other matters affecting the title, except for the Permitted Encumbrances and the lease between David A. Fisher and Pahl Farms (“Tenant”) dated March 1, 2025 (“Lease”). B. To Sellers’ actual knowledge, the conveyance of the Property pursuant hereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement. C. As of the Closing Date there will be no outstanding lodging taxes related to the Property, or unpaid claims, actions or causes of action related to any transaction or obligation entered into or incurred by Sellers with respect to the Property prior to the date hereof. D. There are no notices, orders, suits, judgements or other proceedings relating to fire, building, zoning, air pollution or health violations that have not been corrected. E. Sellers are not a foreign person as defined in §1445(f)(3) of the Internal Revenue Code or regulations issued thereunder. Page 102 of 301 5 235717v7 F. To Sellers’ actual knowledge, there is no action, litigation, investigation, condemnation or other proceedings of any kind pending or threatened against Sellers with respect to the Property. G. To Sellers’ actual knowledge: (i) no toxic materials, hazardous wastes or hazardous substances, as such terms are defined in the Resource Conservation and Recovery Act of 1996, as amended (42 U.S.C. §6901, et seq.) or in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended (42 U.S.C. §9601, et seq.), including, without limitation, any asbestos or asbestos-related products or materials and any oils, petroleum-derived compounds or pesticides ("Hazardous Materials") have been generated, treated, stored, released or disposed of or otherwise placed, deposited in or located on the Property; and (ii) the Property is free of Hazardous Materials and is not subject to any “superfund” type liens or claims by governmental regulatory agencies or third parties arising from the release or threatened release of hazardous substances in, on, or about the Property. Sellers shall indemnify and hold Purchaser harmless from any and all claims, causes of action, damages, losses, or costs (including reasonable lawyer’s fees) relating to breach of the foregoing representations and warranties by Sellers or to hazardous substances or petroleum products in the subsoil or ground water of the Property which arise from or are caused by acts or occurrences upon the Property prior to Purchaser taking possession. Seller discloses that siding on the existing shop on the Property may contain asbestos and Purchaser shall assume all responsibility regarding the same. H. All labor or material which have been furnished to the Property have been fully paid for or will be fully paid for prior to the Closing Date. I. Except for one (1) 500 gallon heating oil tank, the Property does not contain any underground or above ground storage tanks. J. A well and sewage treatment system is located on the Property. K. To Sellers’ knowledge, methamphetamine production has not occurred on the Property. L. To Sellers’ knowledge, the Property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. Purchaser’s obligation to close is contingent upon Purchaser determining to Purchaser’s satisfaction that the Property does not have any American Indian burial grounds, other human burial grounds, ceremonial earthworks, historical materials, and/or other archeological sites that are protected by federal or state law. M. No part of the Property is subject to an agricultural preserve covenant or constitutes an agricultural preserve pursuant to Minnesota Statutes §§ 473H.02 to 473H.17. Page 103 of 301 6 235717v7 The covenants, representations, and warranties contained in this Section shall be deemed to benefit Purchaser and its successors and assigns and shall survive any termination or expiration of this Purchase Agreement or the delivery of the Warranty Deed. All of Seller's covenants, representations and warranties in this Agreement shall be materially true as of the date hereof and of the Closing Date and shall be a condition precedent to the performance of Purchaser's obligations hereunder. If Purchaser discovers that any such covenant, representation, or warranty is not true, Purchaser may elect prior to Closing, in addition to any of its other rights and remedies, to cancel this Agreement and the Deposit shall be returned to Purchaser without interest, or Purchaser may postpone the Closing Date up to ninety (90) days to allow time for correction. If Purchaser elects to proceed with the Closing following such discovery, Purchaser shall be deemed to have waived its rights to assert a claim against Sellers arising from the inaccuracy or untruthfulness of any such covenant, representation, or warranty. Sellers indemnify Purchaser from any breaches of the covenants, warranties and representations set forth in this Section. 11. SELLER’S AFFIDAVIT. At closing, Sellers shall supplement the warranties and representations in this Purchase Agreement by executing and delivering a Minnesota Uniform Conveyancing Blank [Form No. 116-M, 117-M, or 118-M] Affidavit of Sellers. 12. CLOSING. The closing (the "Closing") of the purchase and sale contemplated by this Agreement shall occur on or before June 27, 2025, as extended pursuant to Paragraph 6 (“Closing Date”). At closing, Sellers and Purchaser shall disclose their Social Security Numbers or Federal Tax Identification Numbers for the purposes of completing state and federal tax forms. 13. CLOSING DOCUMENTS. A. At the Closing, Sellers shall execute and/or deliver to Purchaser the following (collectively the "Closing Documents"): i. Warranty Deed. A Warranty Deed in recordable form and reasonably satisfactory to Purchaser. ii. Sellers’ Affidavit. A standard form affidavit by Sellers indicating that on the Closing Date there are no outstanding, unsatisfied judgments, tax liens or bankruptcies against or involving Sellers or the Property; that there has been no skill, labor or material furnished to the Property for which payment has not been made or for which mechanic's liens could be filed; and that there are no other unrecorded interests in the Property. iii. Non-Foreign Person Certification. A certification in form and content satisfactory to the Parties hereto and their counsel, properly executed by Sellers, containing such information as shall be required by the Internal Revenue Code, and the regulations issued there under, in order to establish that Sellers are not a “foreign person” as defined in §1445(f)(3) of such Code and such regulations. Page 104 of 301 7 235717v7 iv. Storage Tanks. If required, an affidavit with respect to storage tanks pursuant to Minn. Stat. § 116.48. v. Well Certificate. If there is a well located on the Property, a well disclosure certificate in form and substance true to form for recording. vi. Certification. A certification that the representations and/or warranties made by Sellers are materially the same as were in existence on the date of this Agreement or noting any changes thereto. vii. Assignment. An assignment of the Lease to Purchaser providing for proration of the rent as of the Closing Date; and viii. Estoppel Certificate. The estoppel certificate required under Paragraph 15 of this Agreement. ix. Other Documents. All other documents reasonably determined by either Party or the title insurance company to be necessary to transfer and provide title insurance for the Property. B. At the Closing, Purchaser shall execute and deliver to Sellers the following: i. Payment. Payment of the Purchase Price pursuant to Paragraph 2 of this Agreement. ii. Other Documents. All documents reasonably determined by either Party or the title insurance company to be necessary to provide title insurance for the Property. 14. CLOSING COSTS. The costs relating to the closing of this transaction shall be paid as follows: A. Purchaser shall pay: i. Recording fee for the Warranty Deed. ii. Closing fees charged by the Title Company. iii. Pro-rated taxes. iv. All costs for issuance of the title commitment. v. The premium for owner’s title insurance. Page 105 of 301 8 235717v7 vi. State deed tax. vii. All costs for the Survey. viii. Conservation fee attributable to the Warranty Deed. ix. Purchaser’s fees for Purchaser’s attorney and consultants. B. Sellers shall pay: i. State deed tax. ii. Pro-rated taxes. iii. Recording fees for any documents necessary to record the Warranty Deed. iv. Sellers’ attorney fees. 15. PURCHASER CONDITIONS. Purchaser’s obligations under this Agreement are contingent upon Purchaser’s satisfaction with each of the following (“Purchaser’s Contingencies”): A. The representations and warranties of Sellers set forth in this Agreement must be true as of the date of this Agreement and on the Closing Date, and Sellers shall have delivered to Purchaser at Closing a certificate dated the Closing Date, signed by Sellers, certifying that such representations and warranties are true as of the Closing Date. B. Purchaser determining on or before the Closing Date, that it is satisfied, in its sole discretion, with the results of matters disclosed by a Phase I Environmental Audit or by any additional environmental/engineering investigation or testing of the Property performed by Purchaser or Purchaser's agent. C. Purchaser has received from Seller and Tenant an Estoppel Certificate in a form acceptable to Purchaser for any leases currently in effect against the Property. If the Purchaser’s Contingencies have not been satisfied on or before the Closing Date, as determined in Purchaser’s sole and unfettered discretion, then Purchaser may, at Purchaser’s option, extend the Closing Date in order to satisfy the Purchaser’s Contingencies or terminate this Agreement by giving notice to Sellers on or before the Closing Date and receive a full refund of the Deposit. The contingencies set forth in this section are for the sole and exclusive benefit of Purchaser, and Purchaser shall have the right to waive the contingencies by giving notice to Sellers. 16. DEFAULT; REMEDIES. A. Default by Purchaser. If Purchaser defaults under this Agreement, Sellers shall have the right as its sole and exclusive remedy to terminate this Agreement by giving Page 106 of 301 9 235717v7 written notice to Purchaser. Upon such termination, and provided Sellers are not in default of this Agreement, the Deposit, without interest, will be paid to Sellers as liquidated damages and Purchaser and Sellers will have no further rights or obligations under this Agreement, except those rights and obligations that expressly survive such termination. Sellers and Purchaser acknowledge the difficulty and inconvenience of ascertaining Sellers’ actual damages in the event of Purchaser’s default and agree that the Deposit without interest, paid to Sellers is a fair and reasonable estimate of such damages. The termination of this Agreement and retention of the Deposit without interest, will be the sole remedy available to Sellers for such default by Purchaser, and Purchaser will not be liable for damages or specific performance. B. Default by Sellers. If Sellers default under this Agreement, Purchaser may elect to: (i) enforce the specific performance of this Agreement, (ii) terminate this Agreement and, provided Purchaser is not in default of this Agreement, be relieved of its obligations hereunder, in which event Purchaser shall be entitled to the prompt return of the Deposit without interest; or (iii) pursue any remedies available to it at law or in equity. 17. ASSIGNMENT; SURVIVAL. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors and assigns. Purchaser shall have the right to assign this Agreement and its rights and obligations hereunder to an entity in which Purchaser and/or its principals directly or indirectly own a majority interest and over which Purchaser and/or its principals have management control. All of the terms and provisions of this Agreement, and the covenants, obligations, agreements, representations and warranties contained herein shall survive and be enforceable after Closing. 18. BROKERAGE. Sellers and Purchaser represent that they have not contracted with a broker, sales agent or similar party in connection with this transaction. Each Party agrees to indemnify and hold the other harmless of any claim made by a broker or sales agent or similar party for a commission due or alleged to be due on this transaction on the basis of an agreement with said broker made by the indemnifying party. The Parties’ obligations set forth in this paragraph shall survive termination of this Agreement. 19. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase Agreement. 20. MINNESOTA LAW. This contract is governed by the laws of the State of Minnesota. 21. SIGNATURES BY COUNTERPARTS; FACSIMILE OR ELECTRONIC SIGNATURE. This Agreement may be executed in counterparts. Signatures may be transmitted via facsimile or in “PDF” format via e-mail. 22. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the Parties with respect to the transaction hereinabove set forth and may not be amended or modified in whole or in part except with the consent of both of the Parties hereto in writing. Page 107 of 301 10 235717v7 IN WITNESS WHEREOF, Sellers and Purchaser have caused this Agreement to be duly executed as of the date first written above. PURCHASER: CITY OF LAKEVILLE By:____________________________ Luke M. Hellier, Mayor And:___________________________ Ann Orlofsky, City Clerk Page 108 of 301 Page 109 of 301 City of Lakeville Community & Economic Development Memorandum To: Mayor and City Council From: Tina Goodroad, Community Development Director Copy: Zach Johnson, City Engineer Date: May 27, 2025 Subject: Purchase Agreement - 17622 Dodd Boulevard (Fischer Property) Section 2-1-5 of the City Code requires that the Planning Department review proposed City property acquisitions for compliance with the City’s Comprehensive Municipal Plan as required by Minnesota Statute 462.356. The City intends to purchase property owned by David and Carol Fischer located at 17622 Dodd Boulevard (consisting of two parcels with PID Nos. 22-00900-79- 011 and 22-73370-00-070) in conjunction with the development of a future Fire Station and a future satellite water treatment plant. The purchase of the Fischer property will contribute toward providing public services and municipal facilities that will create safe and responsive public services that meet existing and future needs of the City. The Planning Department finds that the purchase of the Fischer property is consistent with the goals and policies of the City’s 2040 Comprehensive Plan. Page 110 of 301 CITY OF LAKEVILLE RESOLUTION NO. 25- RESOLUTION AUTHORIZING FUNDING AND 2025 BUDGET AMENDMENTS AND INTERFUND LOAN FOR THE ACQUISITION OF REAL PROPERTY AT 17622 DODD BOULEVARD WHEREAS, the City is proposing to acquire the property located at 17622 Dodd Boulevard, Lakeville, Minnesota consisting of two parcels with PID Nos. 22-00900-79-011 and 22-73370-00-070; and WHEREAS, multiple funding sources are proposed for the property acquisition; and WHEREAS, the majority of the property acquisition costs will be incurred and paid by the City prior to receipt of franchise fee revenues. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota: 1) The total cost of property acquisition and clean-up is estimated to be $5,700,000, including a purchase price of $5,400,000, plus estimated costs for demolition, surveys, environmental and closing costs. Anticipated funding sources are listed below. City staff is hereby authorized to amend the 2025 budgets and make the appropriate transfers between funds with respect to the project funding sources up to 10% above the estimated costs. Funding transfers may include loans between funds to cover costs incurred in advance of receiving other funding. 2) The land acquisition and associated costs will be accounted for in the Building Fund (F4000), with transfers as needed between the funds listed above/below. 3) A loan from the Water Trunk Fund (F5500) is authorized in an amount sufficient to cover all costs incurred for the land acquisition and associated costs until Franchise Fees are received and/or bond proceeds are received. 4) If an interfund loan is utilized, the Water Trunk Fund (F5500) will be the lending fund. If an interfund loan is needed, a separate resolution will be brought to Council establishing the Funding Source s Total Franchi se Fees 1,053,598$ Publ i c Safety Aid 1,850,000 Water Trunk Fund 2,796,402 - Total 5,700,000$ Page 111 of 301 specific terms of the loan. The lending fund will be compensated for the use of its financial resources at the market rate realized on the City’s general investment pool during the loan period, which will end when a sufficient amount of combined bond proceeds and franchise fees are collected. ADOPTED by the Lakeville City Council this 2nd day of June 2025. ______________________________ Luke M. Hellier, Mayor ATTEST: _________________________________ Ann Orlofsky, City Clerk Page 112 of 301 Date: 6/2/2025 Resolution of Support for Federal Safe Streets and Roads for all Grant Application Proposed Action Staff recommends adoption of the following motion: Move to approve resolution of support for FY 2025 Safe Streets and roads for all grant application. Overview The Safe Streets and Roads for All (SS4A) grant program, administered by the U.S. Department of Transportation, supports the development of Comprehensive Safety Action Plans designed to reduce and ultimately eliminate serious-injury and fatal crashes involving all roadway users. These Action Plans use data-driven analysis to identify key roadway safety challenges and strengthen a community’s strategy through targeted projects and interventions that address the most significant safety risks. The goal is to develop a holistic, well-defined roadmap that guides efforts to prevent fatalities and serious injuries on local roads. Once an Action Plan is approved, a community becomes eligible to apply for an Implementation Grant to fund the safety projects and strategies outlined in the plan. The U.S. Department of Transportation is currently accepting applications for the Fiscal Year 2025 SS4A Grants Program, with a submission deadline of June 24, 2025. Supporting Information 1. Resolution 2. Exhibit Crashes By Severity Financial Impact: $30,000 Budgeted: Yes Source: Pavement Management Fund Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Paul Oehme, Public Works Director Page 113 of 301 CITY OF LAKEVILLE RESOLUTION NO. 25-___ Resolution of Support for FY 2025 Safe Streets and roads for all (SS4A) Grant Application WHEREAS, the Safe Streets and Roads for All “SS4A” Transportation Grants Program provides dedicated, discretionary funding for transportation infrastructure projects of local or regional significance; and WHEREAS, the United States Department of Transportation is soliciting applications for $982 million for the FY 2025 SS4A Grants Program; and WHEREAS, eligible projects for FY 2025 SS4A Grants Program include Planning and Demonstration projects such as the development of Comprehensive Safety Action Plans to prevent roadway fatalities and serious injuries in a locality or region or on Tribal land; and WHEREAS, there were 8 fatal crashes, 61 serious injury crashes, and 286 minor injury crashes on City of Lakeville roadways between 2018 and 2022; and WHEREAS, the City of Lakeville intends to apply for a $150,000 SS4A grant for the development of a Comprehensive Safety Action Plan to prevent transportation-related deaths and injuries on city roadways; and WHEREAS, the City of Lakeville will provide 20% in local match funding as required by the SS4A Grant Program. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville Minnesota, supports and approves the application towards FY 2025 SS4A funding for a Safety Action Plan and directs City staff to submit the application. ADOPTED by the Lakeville City Council this 2nd day of June 2025. CITY OF LAKEVILLE ______________________________ Luke M. Hellier, Mayor ATTEST: _________________________________ Ann Orlofsky, City Clerk Page 114 of 301 Burnsville Lakeville Savage Credit River Apple Valley Farmington Empire Rosemount KenwoodTrl 185th St W HolyokeAve 205th St W Flagstaff AveFlagstaffAve154th St ChippendaleAveHighview AveDoddBlvd157th St W J a guar Pa thHighvie w Ave17 3 rd St WKenrickAve170th St W Da k otaAveL u c e r n e TrlJacquard AveSpruce St 212th St W 1 9 3rd S t W 175th St E 179t h S t W DunburyAveGlacierWay 207th St W 16 2ndSt W 190th St W 200th St WInterlachenB lvd Ha mbur gAveE m b ers A v e 178thStW FoliageAveLakeville Blvd 155th St W 1 90th St E 2nd StPillsburyAveDenmarkAveMurphyLakeBlvd225th St W 190 t h St W NatchezAveAsh St Lucerne Blvd KenyonAveEagle view Dr170th St E 195th St W Ly n nDrF i e ldcrestSt 165th St E Eve r e s t P a th225th St E KlamathTrl Mo nt erey Ave210th St W 202nd St W 162nd St W A kin R d165th St W CedarAveDodd BlvdEagle CreekAve JudicialRdVernonAve Kenrick Ave215th St W 175th St W C r e d i t R iverB lvd Ipav aAveTexasAvePilotKnobRd160th St W ST74ST29 ST64 GH66 GH46 GH74 GH5 GH27 GH5 GH8 GH21 GH50 GH68 GH27 GH27 GH91 GH60 GH60 GH70 GH50 GH31 GH31 GH23 GH23 GH9 GH9 GH46 GH46 GH46 ?A3 ?A3 !"#35 !"#35 !"#35 City of Lakeville SS4A Grant Application Crashes by Severity 0 0.5 1 Miles [ Legend Crashes (2018-2022) Fatal (FARS) (8) Serious Injury (MnCMAT2*) (61) Minor Injury (MnCMAT2*) (286) Lakeville *Minnesota Crash Mapping Analysis Tool (MnCMAT2) Page 115 of 301 Date: 6/2/2025 Contract with Innovative Office Solutions to Supply and Install Furniture for the FiRST Center Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with Innovative Office Solutions to supply and install the office furniture within the FiRST Center. Overview As part of the construction of the FiRST Center, furniture is required to be purchased and installed to furnish staff offices, break room and various areas throughout the facility. Staff has worked with Innovative Office Solutions to develop and prepare the attached proposal for City Council consideration. The proposed furniture is consistent with the types and finishes used at City Hall and other city buildings. The cost of the furniture contract is within budget estimates and was included in the overall budget for the construction of the facility. Supporting Information 1. 051225 234068 City of Lakeville FIRST Center Furn Proposal Financial Impact: $123,785.13 Budgeted: Yes Source: State/Federal Grants and Project Budget Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Allyn Kuennen, Assistant City Administrator Page 116 of 301 Page 117 of 301 Page 118 of 301 Page 119 of 301 Page 120 of 301 Page 121 of 301 Page 122 of 301 Page 123 of 301 Page 124 of 301 By ________________________________ Luke M. Hellier, Mayor By ________________________________ Ann Orlofsky, City Clerk _________________Date _________________Date Page 125 of 301 Page 126 of 301 Page 127 of 301 Date: 6/2/2025 Supplemental Agreement for Water Treatment Plant Alternative Study Proposed Action Staff recommends adoption of the following motion: Move to Approve Professional Services Supplemental Agreement with Black & Veatch for Water Treatment Plant Alternative Study. Overview The purpose of the Water Treatment Plant (WTP) Study is to further evaluate alternatives for the future expansion of the city's potable water treatment system and to more fully develop the potential scope of a satellite treatment facility.The City of Lakeville’s WTP was originally constructed in 1997 with a capacity of 10 million gallons per day (MGD). It was expanded in 2001 to 20 MGD, and in 2013, following a successful filter pilot study, the plant was re-rated to a capacity of 26 MGD. This study will build upon and update the 2022 WTP Expansion Study to have the capacity for full City build out. It will compare the advantages and disadvantages of two key alternatives: • Expanding the existing water treatment facility. • Constructing a satellite facility on a parcel located north of the Central Maintenance Facility water tower. In addition, the study will evaluate chemical treatment options, consider strategies for addressing emerging contaminants, and provide planning-level cost estimates for each alternative. The final report will include a comprehensive set of recommendations to guide the city’s long-term water treatment infrastructure planning. Supporting Information 1. Supplemental Agreement for Water Treatment Expansion Study Financial Impact: $90,000 Budgeted: Yes Source: Water Fund Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Paul Oehme, Public Works Director Page 128 of 301 Lakeville, Minnesota Supplemental Agreement for 2025 - Water Treatment Plant Alternatives Expansion Study Scope of Services This scope of work is a Supplemental Agreement to the Master Agreement for Professional Engineering Services between the City of Lakeville and Black & Veatch Corporation, dated September 20, 2021. The purpose of the Lakeville 2025 Water Treatment Plant (WTP) Expansion Study is to further evaluate alternatives for the future expansion of the potable water treatment system in the city and more fully develop what a satellite plant might include. The City of Lakeville’s WTP was originally constructed in 1997 with a capacity of 10 Million Gallons per Day (MGD) and expanded in 2001 to 20 MGD. In 2013, a filter pilot study resulted in the plant being re-rated to a capacity of 26 MGD. This study will update the 2022 WTP Expansion Study with a comparison of advantages and disadvantages for two alternatives: expanding the existing water treatment facility or constructing a satellite facility. The project will also include an evaluation of chemical treatment options and considerations for treatment of emerging contaminants. The study will also provide cost opinions as well as final recommendations. The general tasks associated with the study are as follows: PHASE 200. WATER TREATMENT PLANT EXPANSION STUDY Task 201 – Update Advantages and Disadvantages of Expanding the Existing Treatment Plant · Update and include any new information on the advantages and disadvantages of expanding the existing water treatment plant. · Review current treatment plant performance and expansion plan. · Update the cost opinion for expanding the water treatment plant. Task 202 – Provide Conceptual Site Plans for Potential New Satellite Plant · Develop a concept plan for a satellite gravity filter water plant that will include iron and manganese removal. The anticipated finished water quality will match the City’s existing water plant. Page 129 of 301 Page 2 Water Treatment Plant Expansion Study June 2025 · Provide space requirements for a satellite water plant and develop concepts for vehicle circulation and site acreage needs. · Review and evaluate existing supply and distribution piping and provide recommendations to connect a satellite water plant to the network. · The City intends to locate a satellite water plant at the same location as a new fire station. Coordinate with the City’s consultant and staff involved in the planned fire station project. Collaborate with the City’s consultant to provide space requirements for the satellite water plant. The City’s consultant will provide site drawings for the joint site. · Develop cost opinion for the satellite plant. Task 203 – Documentation & Communication · Develop a final report, which will include the study’s findings, cost estimates, and final recommendations. · Participate in meetings to support City staff as needed to review progress and solicit input from the City. · Support development of presentation materials to present to the City Council and attend and participate in a City Council meeting to present recommendations. Task 204 – Additional Treatment Evaluations · Evaluate how the expansion or satellite plant could accommodate future PFAS treatment needs, should PFAS levels exceed the Minnesota Department of Health (MDH) thresholds. o Evaluation to include a summary of PFAS treatment technologies (i.e. granular activated carbon, ion exchange, and membrane-based processes) o Recommendation on treatment technology to best align with the existing plant or satellite plant, including order of magnitude of system sizing, technical considerations, and order of magnitude of construction costs. · If the City Council selects the alternative for a satellite water plant, provide a comparison and evaluation of chlorine gas and sodium hypochlorite for the satellite water plant. Develop lifecycle costs, operations, and safety impacts. SCHEDULE Tasks 201-203 will be completed by August 25, 2025. Task 204 will be completed by October 31, 2025. Page 130 of 301 Page 3 Water Treatment Plant Expansion Study June 2025 COMPENSATION For the services covered by this Supplemental Agreement, the Owner agrees to pay the Engineer as follows; for the Scope of Services as described herein, an amount equal to Engineer's hourly billing rates, plus reimbursable expenses at cost. The maximum billed for these services shall not exceed $90,000 without further authorization. City of Lakeville Black & Veatch Corporation: By: Printed Name: By: Printed Name: Paul Boersma Title: Date: Title: Vice President Date: 05/28/2025 Page 131 of 301 Date: 6/2/2025 Accepting Donation from Lakeville Public Safety Foundation Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution to accept a donation of two Electric Vehicle Isolation Blankets to the Lakeville Fire Department, estimated value $4,802. Overview The Lakeville Fire Department submitted a grant request to the Lakeville Public Safety Foundation to purchase two (2) Electric Vehicle Isolation Blankets. The grant request is to cover the purchase of two Electric Vehicle Isolation Blankets. The Fire Isolator Blanket is the best way to control and isolate car fires for All-Electric Vehicles (EVs) as well as normal cars. The Fire Isolator Fire Blanket will directly assist in containing the flames, lowering the temperature, and reducing smoke and toxic fumes. The blanket is temperature-resistant to 2,912°F and is easy to place over the vehicle because of the colored loops. • It can be used for normal combustion engines and electric vehicle car fires. • It can be deployed in parking lots, shopping malls, underground apartment parking garage, etc. • Sized to fit most car sizes from small cars to large sport utility vehicles. • Testing has proven this product can withstand peak temperatures up to 2,912°F (1600°C) and hold 2,012°F (1100°C) for more than 50 hours. • Easily deployed by two people. • The addition of EV Charging Stations in underground apartment parking garages creates an extreme danger to residents and firefighters. • Electric vehicle fires can burn for an extended period, potentially requiring 6-24 hours and thousands of gallons of water. Supporting Information 1. LPSF EV Isolation Blanket 2. Lakeville Blanket Invoice (1) Financial Impact: $0.00 Budgeted: No Source: Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Michael Meyer, Fire Chief Page 132 of 301 Page 133 of 301 CITY OF LAKEVILLE RESOLUTION NO._________ ACCEPTING DONATION FROM LAKEVILLE PUBLIC SAFETY FOUNDATION WHEREAS, MN Statute 465.03 requires that cities accept donations for the benefit of its citizens by the terms prescribed by the donor; and WHEREAS, the City of Lakeville’s Fire Department has received a donation for the purchase of two (2) Electric Vehicle Islolation Blankets valued at $4,802 from Lakeville Public Safety Foundation; and WHEREAS, the donation is beneficial to the fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota that the donation is hereby officially accepted and acknowledged with gratitude to the donor; and BE IT FURTHER RESOLVED that City staff is authorized to amend the budget to comply with grant agreements and restricted donations. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 134 of 301 Page 135 of 301 Page 136 of 301 Page 137 of 301 Page 138 of 301 I N V O I C E Vehi cl e Response Training LLC 4 65 W 2 2 0th St Jordan , MN 5 5352 -96 99 cru h m ann @veh icleresponsetraining. com +1 (61 2 ) 24 2 -9 6 96 Bil l t o Lakevil le Fire Department 946 5 18 5th St Lakevil le, MN 55044 Shi p to Lakeville Fire Department 9465 185th St Lakeville, MN 55044 Invoice details Invoice no.: 203 0 Terms: Net 30 Invoice date: 0 5/20/2025 Due date: 06/19 /2025 #Product or service Description Qty Rate Amou nt 1.EV F ire B lan ket EV Fir e B lanket 2 $2,795.80 $5,591.60 2.Ch ain of Cu sto d y Placard 5 $2.00 $10.00 Sub total $5,601.60 Dis count -$800.00 Total $4,801.60 Page 139 of 301 Date: 6/2/2025 Garage size variance for 4824 171st Street Proposed Action Staff recommends adoption of the following motion: Move to approve the garage size variance for 4824 171st Street and adopt the findings of fact. Overview D.R. Horton, Inc. – Minnesota, on behalf of Dayitwa Shrestha and Renu Lakhemaru, has submitted a variance application for an attached garage of less than 540 square feet and a width of less than 22 feet for the home at 4824 171st Street. The constructed home was completed and conveyed to the current homeowners in March 2025, after which it was discovered that the attached garage did not meet the minimum size required by the Zoning Ordinance. The Planning Commission held a public hearing at their May 22, 2025 meeting, at which one person spoke. The Planning Commission unanimously recommended approval of the variance and adopted the findings of fact. Supporting Information 1. Variance Form 2. Findings of Fact 3. May 22, 2025 Planning Commission draft meeting minutes 4. May 15, 2025 Planning report Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 140 of 301 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA VARIANCE NO. 25- ___ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville grants a variance to allow an attached garage at a single family home with an area of less than 540 square feet and a width of less than 22 feet at 4824 171st Street West. 2. Property. The variance is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 12, Block 6, Brookshire 3. Conditions. The City Clerk shall submit this form to Dakota County to be recorded against the property. Dated: June 2, 2025 Page 141 of 301 2 CITY OF LAKEVILLE BY: ________________________ Luke M. Hellier, Mayor SEAL BY: ________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) The foregoing instrument was acknowledged before me this 2nd day of June 2025, by Luke M. Hellier, Mayor and by Ann Orlofsky, City Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation. _______________________ Notary Public Drafted by: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 142 of 301 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA 4824 171ST ST VARIANCE FINDINGS OF FACT AND DECISION The Lakeville Planning Commission met at its regularly scheduled meeting on May 22, 2025 to consider the application of D.R. Horton, Inc, - Minnesota, on behalf of Dayitwa Shrestha and Renu Lakhemaru, for a variance to allow an attached garage of less than 540 square feet and a width of less than 22 feet for the home at 4824 171st Street. The Planning Commission conducted a public hearing on the variance application preceded by published and mailed notice. The applicant was present, and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is located in Comprehensive Planning District 3, which guides the property for low density residential use. 2. The subject site is zoned RST-2, Single and Two-Family Residential District. 3. Legal description of the property is: Lot 12, Block 6, Brookshire 4. Chapter 6 of the City of Lakeville Zoning Ordinance provides that a variance shall not be approved unless failure to grant the variance will result in practical difficulties. The criteria and our findings regarding them are: a. That the variance would be consistent with the comprehensive plan. Finding: Single family homes are consistent with the low-density residential land use designation. b. That the variance would be in harmony with the general purposes and intent of this Title. Finding: A two-car garage is the minimum requirement for a single family home and therefore is in harmony with the general purposes and intent of this title. c. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Finding: The homeowner did not create this situation; it is due to an error on the part of DR Horton and the City of Lakeville. d. That the purpose of the variance is not exclusively economic considerations. Finding: Not applicable. e. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. Page 143 of 301 2 Finding: There are other single family homes in the Brookshire development which have two car garages. That the attached garage at 4824 171st Street does not meet the minimum area and width is not noticeable from outside the structure and therefore will not alter the essential character of the neighborhood in which the home is located. f. That the requested variance is the minimum action required to eliminate the practical difficulty. Finding: The home and garage are constructed and therefore the granting of the requested variance is the minimum action required to eliminate the practical difficulty. g. Variances may not be approved for any use that is not allowed under this section for property in the zone where the affected person’s land is located. Finding: Not applicable; single family homes are a permitted use in the RST-2 District. 5. The report dated May 15, 2025 prepared by Kris Jenson, Planning Manager is incorporated herein. DECISION The City Council approves the variance in the form attached. DATED: June 2, 2025 CITY OF LAKEVILLE BY: __________________________ Luke M. Hellier, Mayor BY: __________________________ Ann Orlofsky, City Clerk Page 144 of 301 CITY OF LAKEVILLE. PLANNING COMMISSION MEETING MINUTES May 22, 2025 Chair Zimmer called the meeting to order at 6:00 p.m. in the Council Chambers at City Hall. The Pledge of Allegiance to the flag was given. Members Present: Chair Christine Zimmer, Vice Chair Scott Einck, Pat Kaluza, John Swaney, Amanda Tinsley, Mark Traffas, Ex-Officio Jeff Hanson. Members Absent: Jason Swenson Staff Present: Tina Goodroad, Community Development Director; Kris Jenson, Planning Manager, John Nelson, Assistant City Engineer, Dawn Erickson, Community Development Recorder. 3. Approval of the Meeting Minutes The May 8, 2025 Planning Commission meeting minutes were approved as presented. 4. Announcements Planning Manager Kris Jenson stated the Parks, Recreation & Natural Resources Committee draft meeting minutes with comments about the Reserve at Cedar Creek agenda item are provided, and if the agenda items are not tabled they will move forward to the June 2 City Council meeting. Since there are no agenda items the June 5 Planning Commission meeting will be canceled. 5. D.R. Horton, Inc.-Minnesota Vice Chair Zimmer opened the public hearing to consider the application of D.R. Horton, Inc. – Minnesota on behalf of Dayitwa Shrestha and Renu Lakhemaru for a variance for an attached garage of less than 540 square feet and a width of less than 22 feet for the home at 4824 171st Street West. Eric Gamradt with D.R. Horton introduced the project. Ms. Jenson presented the staff report. The Zoning Ordinance includes minimum sizes for single family home attached garages, which is 540 square feet of area for a home without a basement and a minimum width of 22 feet. Shortly after the homeowners took possession of the home, they contacted City staff and D.R. Horton representatives, where it was determined that the attached garage constructed with the home did not meet the minimum garage size for area and width. Upon further review, the submitted building permit did not include an additional bump out garage area necessary for those Page 145 of 301 Planning Commission Meeting Minutes, May 22, 2025 Page 2 homes without a basement, and City staff missed that detail during their review of the building permit. The garage as constructed is 481 square feet in area and 20 feet in width. Upon learning of the error at 4824 171st Street, Inspections staff reviewed all of the issued permits for single family homes without a basement in the Brookshire development and confirmed that all of the previous permits issued for similar homes have garages that meet the minimum area and width requirements. Approval of this variance request would remove the non-conformity status of the garage, meaning the structure is considered legal and conforming. The variance form would be recorded with Dakota County so that the legal and conforming status is known and available to any future buyers of the home. Chair Zimmer opened the hearing to the public for comment. Julie Klug, 17229 Durham Drive, asked for clarification as to whether the house is staying the same size or if there would be additional space added to the house. Motion was made by Kaluza, seconded by Einck to close the public hearing at 6:08 p.m. Voice vote was taken on the motion. Ayes – unanimous Ms. Jenson addressed the question and stated that with this variance process, the garage will be legalized as constructed. Chair Zimmer asked for comments from the Planning Commission. • Commissioner Traffas asked if there was any thought given to fixing the garage now as opposed to granting the variance. Ms. Jenson stated that because the home has been conveyed to the homeowners, the City does not have the ability to require D.R. Horton to enlarge the garage. • Commissioner Kaluza stated that he is in support of the variance so the homeowners can enjoy their home. Motion was made by Einck, seconded by Tinsley to recommend to City Council approval of the variance for an attached garage of less than 540 square feet and a width of less than 22 feet for the home at 4824 171st Street and adoption of the findings of fact dated May 22, 2025. Ayes: Traffas, Kaluza, Zimmer, Einck, Swaney, Tinsley Nays: 0 6. Reserve at Cedar Creek Chair Zimmer opened the public hearing to consider the applications of Reserve at Cedar Creek, LLC for a preliminary plat of 48 single family lots to be known as Reserve at Cedar Creek and the vacation of public roadway, drainage, and utility easements. Page 146 of 301 City of Lakeville Community Development Memorandum To: Planning Commission From: Kris Jenson, Planning Manager Date: May 15, 2025 Subject: Packet Material for the May 22, 2025 Planning Commission Meeting Agenda Item: 4824 171st Street Garage Size Variance BACKGROUND D.R. Horton, Inc. – Minnesota, on behalf of Dayitwa Shrestha and Renu Lakhemaru. has submitted a variance application for an attached garage of less than 540 square feet and a width of less than 22 feet for the home at 4824 171st Street West. Construction of the home was completed and conveyed to the current homeowners in March 2025. The zoning of the property is RST-2, Single and Two-Family Residential District. The following exhibits are attached for your review: A. Location map B. Applicant narrative C. Survey D. Floor Plan PLANNING REVIEW Section 11-18-7.D of the Zoning Ordinance includes minimum size standards for single family home attached garages. The minimum floor area of an attached garage for a dwelling without a basement is 540 square feet with a minimum width of 22 feet. The minimum floor area for an attached garage with a basement is 480 square feet. These measurements are based on interior dimensions. Page 147 of 301 2 Shortly after the homeowners took possession of their home, they contacted Community Development staff to inquire about the minimum size for an attached garage in a single family home. Staff responded via email a day or so later, but in the interim, Staff was contacted by representatives from DR Horton. They had been contacted by the homeowners regarding the garage size, and it was determined that the attached garage constructed with the home did not meet the minimum garage size for area and width. When the building permit was submitted, it should have included a bump out on the side of the garage such that the minimum garage area would be at least 540 square feet and the width 22 feet. Those measurements are the minimum requirements for a home that is a slab on grade (no basement). This was an error on DR Horton’s part. When the building plans were reviewed by Building Inspections staff, they also missed that the garage did not include the additional bump out area to increase the garage area and width. This was an error on the City’s part. The permit was issued and the home was constructed. The garage as constructed is 481 square feet in area and 20 feet in width. Upon learning of the error at 4824 171st Street, Inspections staff reviewed all of the issued permits for single family homes without a basement in the Brookshire development and confirmed that all of the previous permits issued for similar homes meet the minimum area and width requirements. Approval of this variance request would remove the non-conformity status of the garage, meaning the structure is considered legal and conforming. The variance form would be recorded with Dakota County so that the legal and conforming status is known and available to any future buyers of the home. VARIANCE REVIEW CRITERIA Section 11-6-5 of the Zoning Ordinance states that the board of adjustment (City Council) shall not approve any variance request unless they find failure to grant the variance will result in practical difficulties. “Practical difficulties” means that the property owner proposes to use the property in a reasonable manner not permitted by the Zoning Ordinance and that economic considerations alone do not constitute practical difficulties. The following review criteria must also be met: A. That the variance would be consistent with the comprehensive plan. Single family homes are consistent with the low-density residential land use designation. B. That the variance would be in harmony with the general purposes and intent of this title. A two car garage is the minimum requirement for a single family home and therefore is in harmony with the general purposes and intent of this title. Page 148 of 301 3 C. That the plight of the landowner is due to circumstances unique to the property not created by the landowner. The homeowner did not create this situation; it is due to an error on the part of DR Horton and the City of Lakeville. D. That the purpose of the variance is not exclusively economic considerations. Not applicable. E. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. There are other single family homes in the Brookshire development which have two car garages. That the attached garage at 4824 171st Street does not meet the minimum area and width is not noticeable from outside the structure and therefore will not alter the essential character of the neighborhood in which the home is located. F. That the requested variance is the minimum action required to eliminate the practical difficulty. The home and garage are constructed and therefore the granting of the requested variance is the minimum action required to eliminate the practical difficulty. G. Variances may not be approved for any use that is not allowed under this title for property in the zone where the affected person’s land is located. Not applicable; single family homes are a permitted use in the RST-2 District. RECOMMENDATION Community Development Department staff recommends approval of the variance for minimum garage area and width at 4824 171st Street, on the basis that the review criteria have been met. Findings of Fact are attached for consideration. Page 149 of 301 Dakota County, Maxar, MicrosoftEAGLEVIEW DR170TH ST 4824 171ST ST City of Lakeville 4824 171st St Variance Location Map EXHIBIT ADRAFT HORSE BLVD171ST ST DRAPER WAY DYSART PLACEDU R H A M D R 173RD ST Page 150 of 301 EXHIBIT B Page 151 of 301 EXHIBIT CPage 152 of 301 These plans, and the concept thereofor used without written consent. And may not be reproducedare the exclusive property of D.R. Horton Inc.,COPYRIGHT D.R. HORTON, INC. 2022C3.0XX427 HOLCOMBEPC#1155: 12-29-23-LLPC#1133,1141,1143: 9-14-2023-LLPERMIT/CONSTRUCT: 7-29-24-RKLIVINGROOMDINING942 SQ. FT.NOTES:-9'-1 1/8" PLATE HEIGHT TYPICAL-WDW SIZES GIVEN IN FEET AND INCHES (WIDTH x HEIGHT)-TYP. FIRST FLOOR WINDOW HEAD HEIGHT AT 7'-11 3/8" U.N.O.-BEAM & HEADER SIZES TO BE VERIFIED BY SUPPLIER/MFR14'-0"x8'-0"CONC PATIO2ND FLOOR PLAN1/4"=1'-0"NOTES:-8'-1 1/8" PLATE HEIGHT TYPICAL-WDW SIZES GIVEN IN FEET AND INCHES (WIDTH x HEIGHT)-TYP. SECOND FLOOR WINDOW HEAD HEIGHT AT 6'-11 3/8" U.N.O.-BEAM & HEADER SIZES TO BE VERIFIED BY SUPPLIER/MFR1381 SQ. FT.LIVING AREA1ST FLOOR PLAN1/4"=1'-0"35'-0"9'-4"41'-6"16'-9"7'-2"41'-6" 15'-0"16x7 OVERHEAD DOOR20'-0"10'-6 1/2"21'-0 1/2"35'-0"11'-6"5'-0"5'-0"2x6 BRNG WALL2x6 BRNG WALL6'-1"20'-0"26'-0"2-8PED.PWDRHD-FLR7'-3 1/2"3'-6"3'-6"W/ WOOD CAP42" HIGH ANGLED WALLUP 16 R14'-0"2W 3050 SH3050 SH6'-6"6'-6"4'-10 1/4"3'-6"BEDRM #1LAU.HD-FLRDRYERWASHERW.S.LOFT14'-8"6'-4 1/2"BEDRM #321'-0 1/2"W.I.C.CPT.26'-6" 5'-11 1/2"FLEXCLEAR FRAMING11'-1 3/4" INSIDE FRAMING20 AMP.MICRO HOODCIRCUITRANGE2'-4"SINKDW2x6 WALL7'-1"7'-0" CABTS.3'-6" TOP7'-4" TOP3'-5"3'-3"8'-7"2-42'-4"KITVENT HOODTO OUTSIDEREF.3'-0 5/8"15'-0"1'-6"35'-0"13'-10"7'-2"2x63'-6"3'-6" W/ WOOD CAP42" HIGH HALF WALLDN 16 R2W 3050 SH9'-8"BATH #2HD-FLR36"5-0 FBGLTUB/SHWR2'-10"TPH TOWEL BAR7'-0"8'-1" 41'-6" 2'-6" 2'-6"11'-1" 41'-6" 30'-0" 16'-9" 11'-6" 7'-3 1/2"5'-11 1/2" 2'-7 3/4"10'-0"35'-0"3'-11 1/2"BEDRM #46'-1 1/2"1'-6"BEDRM #26'-3 1/2"6'-6 1/2" 12'-10"MECH20'-0"AHUMETERRISERAIREXCHGRF.D.UNFIN.WHTANKLESS4-3 SRO 2'-0"7'-3"6'-10"5'-4 1/2"TOWEL RINGBATH #1HD-FLR34x60 FBGLSHWR72"TPHTOWEL BAR12'-0"6'-0"5'-0"5'-0"4'-6 1/2"9'-5"4'-2" CONC PORCH73 SQ. FT.16" WIDE DROPPED SOFFIT(SEE SECTION)DROPPED BEAM3'-10"8"3'-6"3'-6"1'-11 1/2"8"8"TYPICAL PORCH COLUMN:6x6 TREATED POST WITHIN10" SQUARE BOXED COLUMN2'-0"1'-6"2040 SHF.D.22x30ATTICACCESSWATERNOTE:FRAMER TO ROCK , POLY & INSULATEMECH ROOM EXTERIOR WALLS PRIORTO MECH EQUIPMENT BEING INSTALLED3050 SHTEMP3050 SH3050 SH3-0 DR2W 3050 SH14" MFD FLOOR TRUSSESINSTALL PER MFRS SPECS MFD TRUSSES AT 24" O.C. MFD TRUSSES AT 24" O.C.RADONVENT PIPERADONVENT PIPESILLCOCKA/C2-42-42-82-42-42-42-42-42-62-82-82-62-62-64-06068 SGD4'-5"10'-6"1'-5"TEMPW.I.C.CPT.W.I.C.CPT.6'-2 1/2" CLEAR FRAMING3'-10 1/2" 1'-6" 1'-6"7'-0"7'-8"2W 3050 SH2W 3050 SHHD-FLRHD-FLRHD-FLRCPT.FOYERHD-FLR5'-4 1/2"8 1/2"3'-6 3/4"SEWERCLEANOUTCPT.CPT.CPT.CPT.CPT.2x62x6 10"2-62-6WINDOW & DOOR SCHEDULE - MAIN LEVELCALL-OUTU-FACTORROUGH OPENINGLOCATIONSHGC#3-0 DR0.31FOYER0.2311DINING ROOM6068 SGD3050 SHKITCHEN10.3172 1/8" X 80"0.320.310.3136 1/4" X 60 1/4"WINDOW & DOOR SCHEDULE- UPPER LEVELCALL-OUTU-FACTORROUGH OPENINGLOCATIONSHGC#3050 SH1CLOSET0.3136 1/4" X 60 1/4"0.312W 3050 SH1BEDROOM #10.310.3172 1/8" X 60 1/4"2BEDROOM #30.310.313050 SH36 1/4" X 60 1/4"38 1/4" X 83 1/42W 3050 SH1FLEX RM0.310.3172 1/8" X 60 1/4"1BATH #12040 SH0.3124" X 48"0.313050 SH1STAIRS0.3136 1/4" X 60 1/4"0.313050 SH1BEDROOM #20.3136 1/4" X 60 1/4"0.312W 3050 SH1LIVING ROOM0.310.3172 1/8" X 60 1/4"1BEDROOM #40.310.313050 SH36 1/4" X 60 1/4"1BEDROOM #40.310.312020 FX24" X 24"4'-6"3'-10"8"9'-0"4'-8"ELEC FIREPLACE3/16"=1'-0"5'-6"1'-4"18-1/4"x44-1/2"S/R1'-6 1/4"RGH OPGALLUSION 48 ELEC FP1'-4"1'-6 1/4" 10" 2X6 WALL 2-2X101/2" PLYWD2X6 FRAMINGINSULATION & 1 LAYEROF ROCK BY FRAMERSMANTLE4'-2"1/2" ROCK OVERROCK RETURNSOF FIREPLACE OPG.+-3'-8 1/2"10 3/4"10 3/4"GARAGE4" CONC FLOOR505 SQ. FT. (OUTSIDE)TYPICAL 2x6 GARAGE WALLS481 SQ. FT. (INSIDE)DRP BEAMSILLCOCK10'-6"WSFUT2x646'-0"OUTLET INSTALLED20AMP DEDICATEDON SIDE WALL OFFIREPLACE OPGDO NOT14" MFD FLOOR TRUSSESINSTALL PER MFRS SPECS 16" MFD FLOOR TRUSSES INSTALL PER MFRS SPECS 2" STEP INWALL HEIGHTS2" STEP INWALL HEIGHTSNOTE: INSULATORS TOSPRAY FOAM MECHANICALROOM CEILING AT SAMETIME AS RIM BOARDADDITIONAL NOTESINTERIOR SWING DOORS: RGH OPG HGT IS 83", THE WIDTH IS THE SIZE OF THE DOOR PLUS 2"INTERIOR BI-FOLD DOORS: RGH OPG HGT IS 82", THE WIDTH IS THE SIZE OF THE DOOR PLUS 1-1/2"DO NOT POLYTECH TUBEOUTLET &SET R.O.HEIGHT AT7'-11 3/8"ABOVELANDINGANGLEDWALLON ALL WALLS & CEILINGGYP. BOARDNOTE: PANIC PAN16X36 MECHANICAL SOFFIT4-02'-2 1/4"6'-4 1/4"2'-6"12'-7 3/4"3'-2"1'-10 1/4"14'-6"MUD RMHD-FLRSTOP SHELVINGHEREELEC. FP 5'-6"4'-3"IRRIGATIONSYSTEMPLAN OPTIONSLIVING ROOM HD-FLRELECTRIC FIREPLACEIRRIGATION SYSTEM-PERMIT/CONSTRUCT PLANS4824 171ST STREET WESTLOT 12 BLOCK 6 - BROOKSHIRE-Min. 15" clearance to anyobstruction from center ofW.C., 24" in front(typ).3.9(2)7-1/4 LSL(2)7-1/4 LSL(2)7-1/4 LSL3-1/2 x 9-1/2 LSL3-1/2 x 9-1/2 LSL3-1/2 x 7-1/4 LSL3-1/2 x 7-1/4 LSL3-1/2 x 7-1/4 LSL3-1/2 x7-1/4 LSL(3) 18" LVLShearwallPFHPFHEXHIBIT DPage 153 of 301 Date: 6/2/2025 Lord of Life Final Plat Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving Lord of Life final plat and related agreements. Overview Esprit Townhomes, LLC has submitted a final plat application and plans for Lord of Life Townhomes consisting of 24 twin home lots, one common lot, and one outlot on 5.74 acres located south of Dodd Boulevard and east of Dodd Lane. The City Council approved the preliminary plat on April 7, 2025. A development contract and related agreements are required for the proposed site improvements. City staff have determined that Lord of Life final plat plans are consistent with the approved preliminary plat and comply with Subdivision and Zoning Ordinance requirements. Supporting Information 1. Resolution and Development Contract 2. May 19, 2025 Planning and Engineering Memos 3. Location Map and Plat 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 154 of 301 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 25-______ RESOLUTION APPROVING THE FINAL PLAT AND DEVELOPMENT CONTRACT OF LORD OF LIFE TOWNHOMES WHEREAS, a Final Plat application has been submitted to the City for property legally described as: That part of Lot 1, Block 1, LORD OF LIFE LUTHERAN CHURCH ADDITION, Dakota County, Minnesota, lying southerly of the following described line: Commencing at the southwest corner of said Lot 1; thence North 04 degrees 23 minutes 36 seconds West assumed bearing along the west line of said Lot 1 a distance of 297.77 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 185.96 feet; thence South 00 degrees 34 minutes 10 seconds West a distance of 20.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 217.01 feet; thence North 00 degrees 34 minutes 05 seconds East a distance of 19.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 69.99 feet; thence North 51 degrees 08 minutes 40 seconds East a distance of 45.29 feet; thence North 66 degrees 17 minutes 10 seconds East a distance of 88.60 feet; thence South 82 degrees 50 minutes 13 seconds East a distance of 99.44 feet; thence South 51 degrees 57 minutes 36 seconds East a distance of 97.01 feet; thence South 21 degrees 05 minutes 00 seconds East a distance of 49.68 feet; thence North 83 degrees 29 minutes 36 seconds East a distance of 209.14 feet to the east line of said Lot 1 and said line there terminating. WHEREAS, a public hearing concerning the preliminary plat was held by the Planning Commission in accordance with Minnesota Statutes and the preliminary plat was reviewed by the Parks, Recreation and Natural Resources Committee and approved by the City Council; and Page 155 of 301 2 WHEREAS, the final plat is consistent with the preliminary plat and conforms to all applicable zoning and subdivision regulations and other standards applied by the City in the platting of the property; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. The Lord of Life Townhomes final plat is approved subject to the developer entering into a development contract, submittal of security requirements, payment of cash fees and the stipulations and requirements listed in the Planning Division and Engineering Division memorandums dated May 19, 2025, and any subsequent correspondence. 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 2nd day of June 2025. CITY OF LAKEVILLE Luke M. Hellier, Mayor ATTEST: _______________________ Ann Orlofsky, City Clerk Page 156 of 301 3 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 2nd day of June 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 157 of 301 1 236030v1 Lord of Life Townhomes (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) LORD OF LIFE TOWNHOMES CONTRACT dated ____________________, 2025, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and ESPRIT TOWNHOMES, LLC, a Minnesota limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for LORD OF LIFE TOWNHOMES (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described on Exhibit “A” attached hereto and made a part hereof. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer Page 158 of 301 2 236030v1 Lord of Life Townhomes following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security has been received by the City, 3) the necessary insurance for the Developer and its construction contractors has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar of Titles’ office. 4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the breach has not been remedied. Development of subsequent phases may not proceed until Development Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future 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 Page 159 of 301 3 236030v1 Lord of Life Townhomes may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B without City Council approval. The erosion control plan may also be approved by the Dakota County Soil and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms shall control. The plans are: Plan A - Plat Plan B - Final Grading, Drainage, and Erosion Control Plan Plan C - Tree Preservation Plan Plan D - Plans and Specifications for Public Improvements Plan E - Street Lighting Plan Plan F - Landscape Plan 8. IMPROVEMENTS. The Developer shall install and pay for the following: A. Sanitary Sewer System B. Water System C. Storm Sewer System D. Streets E. Concrete Curb and Gutter F. Street Lights G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control H. Underground Utilities I. Setting of Iron Monuments J. Surveying and Staking K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the Page 160 of 301 4 236030v1 Lord of Life Townhomes City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s 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 Page 161 of 301 5 236030v1 Lord of Life Townhomes D. Minnesota Department of Health for Watermains E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2025, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with Page 162 of 301 6 236030v1 Lord of Life Townhomes the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within 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 is responsible for meeting all the requirements of the MPCA Construction Permit. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. The Developer shall be responsible for the establishment of native vegetation along all stormwater treatment basin slopes that were disturbed. This will require a minimum of 2 years of maintenance to ensure establishment. The MS4 Administration Fee has not been collected on the parent parcel and shall be paid by the Developer with the final plat, calculated as follows: $91,100 x 2% = $1,822.00 Grading Cost Lord of Life Townhomes 2025 Rate MS4 Administration Fee Lord of Life Townhomes 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except two (2) model home permits on lots acceptable to the Building Official), the Developer shall provide the City Page 163 of 301 7 236030v1 Lord of Life Townhomes with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. The Developer must certify to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. Prior to issuance of building Page 164 of 301 8 236030v1 Lord of Life Townhomes permits, the soils observation and testing report, including referenced development phases and lot descriptions, and an as-built certified grading plan must be submitted and approved by City staff. Lord of Life Townhomes contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 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 Page 165 of 301 9 236030v1 Lord of Life Townhomes 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. Development of Lord of Life Townhomes includes grading modifications to an existing public stormwater management basin. The modifications lie within Outlot A, the existing basin is located off-site in Outlot B of Fieldstone Creek 1st Addition and provides rate control of stormwater runoff generated from the site. The stormwater management design is consistent with the City’s stormwater management ordinance. The Developer is responsible for the restoration and establishment of native vegetation for any areas that are disturbed by expanding the existing basin. This will require a minimum of 2 years of management of the vegetation or until it is fully established. The Developer shall construct public storm sewer systems within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basin located within Outlot A, Lord of Life Townhomes and Outlot B, Fieldstone Creek 1st Addition. Draintile construction is required in areas of non-granular soils within Lord of Life Townhomes for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer’s responsibility to install and finance. The Storm Sewer Charge has been collected on the parent parcel. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. 20. SANITARY SEWER. Lord of Life Townhomes is located within subdistrict NC-20040 of the North Creek sanitary sewer district. Wastewater will be conveyed through City sanitary sewer to the MCES interceptor sewer monitored by meter M643A. Wastewater treatment is provided by the Empire Wastewater Treatment Facility. The Developer shall construct and extend public sanitary sewer within the subdivision from an existing manhole located within Dodd Lane, at the west plat boundary. Page 166 of 301 10 236030v1 Lord of Life Townhomes The Sanitary Sewer Availability Charge has been collected on the parent parcel. 21. WATERMAIN. The Developer shall construct and extend public watermain within the subdivision from an existing stub located within Dodd Lane, at the west plat boundary. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction shall be from Dodd Boulevard. Construction traffic shall not be permitted south of the development. 23. PARKS, TRAILS, AND SIDEWALKS. The Developer shall install five-foot wide concrete sidewalks, with pedestrian curb ramps, along both sides of Esprit Court. The Park Dedication requirement has not been collected on the parent parcel and shall be satisfied through a cash contribution with the final plat, calculated as follows: 24 units x $3,968.00 = $95,232.00 Total Units Lord of Life Townhomes 2025 Unit Rate Park Dedication Fee Lord of Life Townhomes 24. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee of $1,000.00 for traffic control signs with the final plat. If traffic control signs are installed in frost conditions, the Developer shall pay an additional $150.00 for each traffic control sign location. The Developer shall pay a cash fee for one-year of streetlight operating expenses with the final plat, calculated as follows: 24 units x $40.48/unit = $971.52 Total Units Lord of Life Townhomes 2025 Rate Streetlight Operating Fee Lord of Life Townhomes 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: 24 units x $61.52/unit x 0.50 = $738.24 Total Units Lord of Life Townhomes 2025 Rate Utility Factor Environmental Resources Fee Lord of Life Townhomes 26. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must Page 167 of 301 11 236030v1 Lord of Life Townhomes be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right- of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. 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. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $115,000.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. The Developer shall provide details to verify compliance with the landscape requirements of Section 11-57-19 of the Zoning Ordinance. 27. TREE PRESERVATION. The plan identifies 4 significant trees on-site to be removed. The landscape trees along Dodd Lane will remain and will require tree protection fence be installed around them prior to grading activity. Page 168 of 301 12 236030v1 Lord of Life Townhomes 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 May 19, 2025, Planning Report, and May 19, 2025, Engineering Report. B. Before the City signs the final plat, the Developer shall convey Outlot A to the City by warranty deed, free and clear of any and all encumbrances. C. The twin home dwellings must demonstrate compliance with Zoning Ordinance requirements of Section 11-57-19 at the time of building permit issuance. D. A Homeowners Association must be established for the maintenance of the building exteriors and the ownership and maintenance of the common area lot. Prior to the issuance of building permits for the site, the Developer must submit Homeowners Association documents for review and approval by the City Attorney as well as proof of recording of the documents and conveyance of the common area lot to the Homeowners Association. E. 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 $2,600.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: 26 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. F. 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 $2,340.00. Page 169 of 301 13 236030v1 Lord of Life Townhomes G. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of this security is $3,600.00 and consists of three (3) post-top streetlights lights at $1,200.00 each. 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 $945,614.29. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $140,875.00 B. Watermain 112,075.00 C. Storm Sewer/Draintile 20,400.00 D. Streets 334,835.00 E. Grading, Erosion Control and Vegetation Establishment 131,200.00 CONSTRUCTION SUB-TOTAL $739,385.00 OTHER COSTS: A. Developer’s Design (3.0%) $22,181.55 B. Developer’s Construction Survey (2.5%) 18,484.63 C. City Legal Expenses (Est. 0.5%) 3,696.93 D. City Construction Observation (Est. 5.0%) 36,969.25 E. City Record Drawings (0.5%) 3,696.93 F. Landscaping 115,000.00 G. Streetlights 3,600.00 H. Lot Corners/Iron Monuments 2,600.00 OTHER COSTS SUB-TOTAL $206,229.29 TOTAL SECURITIES: $945,614.29 Page 170 of 301 14 236030v1 Lord of Life Townhomes 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. 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 95,232.00 B. MS4 Administration Fee 1,822.00 C. Traffic Control Signs 1,000.00 D. Streetlight Operating Fee 971.52 E. Environmental Resources Management Fee 738.24 F. Property Data and Asset/Infrastructure Management Fee 2,340.00 G. City Engineering Administration (3% for letters of credit) 22,181.55 TOTAL CASH REQUIREMENTS $124,285.31 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 Page 171 of 301 15 236030v1 Lord of Life Townhomes completion and acceptance by the City. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. 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 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. Page 172 of 301 16 236030v1 Lord of Life Townhomes 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 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. Page 173 of 301 17 236030v1 Lord of Life Townhomes D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except two (2) model homes on lots acceptable to the Building Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer Page 174 of 301 18 236030v1 Lord of Life Townhomes 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. I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to their insurance professional for verification that the certificate of insurance is in compliance with the requirements of the Development Contract. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: Page 175 of 301 19 236030v1 Lord of Life Townhomes • $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. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. Page 176 of 301 20 236030v1 Lord of Life Townhomes K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 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 Page 177 of 301 21 236030v1 Lord of Life Townhomes following address: Attn: Fabyanske Westra Hart & Thomson, P.A., 80 South 9th Street, Suite 1900, Minneapolis, MN 55402. 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. [Remainder of page is intentionally left blank. Signature pages follow.] Page 178 of 301 22 236030v1 Lord of Life Townhomes 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 179 of 301 23 236030v1 Lord of Life Townhomes DEVELOPER: ESPRIT TOWNHOMES, LLC BY: ___________________________________________ Its STATE OF MINNESOTA ) )ss. COUNTY OF ____________ ) The foregoing instrument was acknowledged before me this ________ day of ______________, 2025, by __________________________________ the ____________________________________ of ESPRIT TOWNHOMES, 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, MN 55121 Telephone: 651-452-5000 AMP/smt Page 180 of 301 24 236030v1 Lord of Life Townhomes EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as LORD OF LIFE TOWNHOMES That part of Lot 1, Block 1, LORD OF LIFE LUTHERAN CHURCH ADDITION, Dakota County, Minnesota, lying southerly of the following described line: Commencing at the southwest corner of said Lot 1; thence North 04 degrees 23 minutes 36 seconds West assumed bearing along the west line of said Lot 1 a distance of 297.77 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 185.96 feet; thence South 00 degrees 34 minutes 10 seconds West a distance of 20.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 217.01 feet; thence North 00 degrees 34 minutes 05 seconds East a distance of 19.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 69.99 feet; thence North 51 degrees 08 minutes 40 seconds East a distance of 45.29 feet; thence North 66 degrees 17 minutes 10 seconds East a distance of 88.60 feet; thence South 82 degrees 50 minutes 13 seconds East a distance of 99.44 feet; thence South 51 degrees 57 minutes 36 seconds East a distance of 97.01 feet; thence South 21 degrees 05 minutes 00 seconds East a distance of 49.68 feet; thence North 83 degrees 29 minutes 36 seconds East a distance of 209.14 feet to the east line of said Lot 1 and said line there terminating. (Abstract Property) [Platted as Lord Of Life Townhomes, Dakota County, Minnesota.] Page 181 of 301 25 236030v1 Lord of Life Townhomes MORTGAGE HOLDER CONSENT TO DEVELOPMENT CONTRACT SECURITY FINANCIAL BANK, a Wisconsin state banking corporation, which holds: 1. A Mortgage, dated March 31, 2025, filed April 7, 2025, with the Office of the County Recorder, Dakota County, Minnesota, as Document No. 3670455, in the amount of $2,232,000.00 executed by Esprit Townhomes, LLC, a Minnesota limited liability company, as Mortgagors to Security Financial Bank as Mortgagee; And 2. Assignment of Leases and Rents, by Esprit Townhomes, LLC, a Minnesota limited liability company to Security Financial Bank, dated March 31, 2025, filed April 7, 2025 with the Office of the County Recorder, Dakota County, Minnesota, as Document No. 3670456; the development of which is governed by the foregoing Development Contract, agrees that the Development Contract shall remain in full force and effect even if it forecloses on its mortgage. Dated this _____ day of ____________, 2025. SECURITY FINANCIAL BANK 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 Security Financial Bank, a Wisconsin banking corporation, 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 182 of 301 26 236030v1 Lord of Life Townhomes [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 183 of 301 27 236030v1 Lord of Life Townhomes 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 184 of 301 1 236133v1 (Reserved for Recording Data) WARRANTY DEED STATE DEED TAX DUE HEREON: $1.65 Dated: ______________, 2025 FOR VALUABLE CONSIDERATION ESPRIT TOWNHOMES, LLC, a Minnesota limited liability company, Grantor, hereby conveys and warrants to the CITY OF LAKEVILLE, a Minnesota municipal corporation, Grantee, real property in Dakota County, Minnesota, described as follows: Outlot A, Lord Of Life Townhomes, Dakota County, Minnesota, according to the recorded plat thereof. together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions: A. Covenants, conditions, restrictions, declarations and easements of record, if any; B. Reservations of minerals or mineral rights by the State of Minnesota, if any; C. Building and zoning laws, ordinances, state and federal regulations. Check box if applicable: The Seller certifies that the Seller does not know of any wells on the described real property. A well disclosure certificate accompanies this document. I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property has not changed since the last previously filed well disclosure certificate. The consideration for this transfer was less than $3,000.00. Check here if all or part of the described real property is Registered (Torrens) Page 185 of 301 2 236133v1 GRANTOR: ESPRIT TOWWNHOMES, 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 ____________________________________ for ESPRIT TOWNHOMES, LLC, a Minnesota limited liability company, on behalf of said entity. Notary Public My commission expires 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 Tax Statements for the real property described in this instrument should be sent to (Include name and address of Grantee): City of Lakeville 20195 Holyoke Avenue Lakeville, Minnesota 55044 Page 186 of 301 1 City of Lakeville Community Development Memorandum To: Tina Goodroad, Community Development Director From: Heather Botten, Senior Planner Date: May 19, 2025 Subject: Lord of Life Townhomes Final Plat ACTION DEADLINE: July 4, 2025 BACKGROUND Esprit Townhomes, LLC has submitted a final plat application and plans for Lord of Life Townhomes consisting of 24 twin home lots, one common lot, and one outlot on 5.74 acres located south of Dodd Boulevard and east of Dodd Lane. The City Council approved the preliminary plat on April 7, 2025. EXHIBITS: A. Site Location Map B. Final Plat C. Preliminary Plat P LANNING ANALYSIS Existing Conditions. The Lord of Life Townhomes final plat area consists of one parcel that was administratively subdivided from Lot 1, Block 1, Lord of Life Lutheran Church Addition, in conjunction with the approval of the Lord of Life Townhomes preliminary plat. Previously the site was open space and future expansion area for the Lord of Life Church. Zoning. The property is zoned RST-2-, Single- and Two-Family Residential District, in which twinhomes are a permitted use. Lot Requirements. The following minimum requirements for twinhome building setbacks in the RST-2 District are as follows: Page 187 of 301 2 Base Lot Between Buildings Front Yard (to ROW) RST-2 30 feet 14 feet 20 feet (front), 25 feet (garage) The unit lots shown on the Lord of Life Townhomes final plat have sufficient area to accommodate the twinhome units. Lot Area. Section 11-57-13.B.2 of the Zoning Ordinance requires a minimum of 5,000 square feet of lot area per twinhome dwelling. The Lord of Life Townhomes final plat has an average of over 9,600 square feet per unit, which exceeds the minimum requirements of the RST-2 District. Outlots. There is one outlot, Outlot A, which is 0.41 acres, consisting of a stormwater management basin that will be deeded to the City with the final plat. Density. The Lord of Life Townhomes final plat consists of 24 twin home lots on 5.74 acres. This results in a gross density of 4.18 units per acre. Excluding the stormwater pond outlot, the overall net density is 4.50 units per acre. Townhouse Building Plans. The developer has submitted building elevations and floor plans for the 24 proposed twin home dwellings.. The exterior materials and garage size must comply with the requirements of Section 11-57-19 of the Zoning Ordinance. Streets/Sidewalks. The plat includes construction of one public street, Esprit Court, which will be a permanent cul-de-sac street extending east from Dodd Lane. A variance was approved for the cul-de-sac length with the preliminary plat. Five-foot-wide concrete sidewalks are proposed to be constructed on both sides of Esprit Court, which will connect to the public sidewalk on Dodd Lane. Grading, Drainage, Erosion Control, and Utilities. The final plat includes grading, drainage, erosion control, and utility plans. All existing and new local utilities shall be placed underground. Grading, Drainage, erosion control, and utilities details are outlined in the May 19, 2025 engineering report prepared by Alanna Sobottka, Civil Engineer and McKenzie Cafferty, Environmental Resources Manager. Landscaping. A landscape plan dated 04-28-25 was approved in conjunction with the Lord of Life Townhomes preliminary plat. All landscaped areas, including common open space, must have an inground irrigation system with an automatic controller. All landscaping shall be warranted for one year and guaranteed by financial security in the development contract at the time of final plat. The Developer must submit $115,000 to guarantee the installation of landscaping per the approved plan. The landscape plan shall be amended to identify minimum shrub sizes, not plant pot size. Low growing shrubs shall be 18 to 24 inches and tall growing shrubs shall be 24 to 36 inches as required by Section 11-21-9 of the Zoning Ordinance. Page 188 of 301 3 Tree Preservation Plan. The plan identifies four significant trees on-site to be removed. The landscape trees along Dodd Lane will remain and will require tree protection fence be installed around them prior to grading activity. Park Dedication. The City’s Comprehensive Parks, Trails, and Open Space Plan does not identify any future park needs in the area of the final plat. The park dedication rate for medium density residential properties is $3,968 per unit. The Developer shall pay $95,232 in park dedication fees with the final plat (24 units x $3,968). Homeowners Association. A homeowner’s association will be required to be established for exterior maintenance of all townhome units as well as ownership and maintenance of the common area lot. The Developer must provide documents establishing a homeowners association (HOA) for review and approval by the City Attorney, then provide proof of recording the HOA documents, including deeding the common area lot to the HOA, prior to the issuance of building permits. Signs. No subdivision identification monument signs are proposed with the Lord of Life Townhomes plat. All signs require a permit and shall comply with the Zoning Ordinance. RECOMMENDATION Community Development staff recommends approval of the Lord of Life Townhomes final plat, subject to the following stipulations: 1. The recommendations listed in the May 19, 2025 engineering report. 2. Outlot A must be deeded to the City with the final plat. 3. The developer shall pay $95,232 in park dedication fees with the final plat. 4. The landscape plan dated 04-28-25, shall be revised to identify minimum shrub sizes, not plant pot size as required by Section 11-21-9 of the Zoning Ordinance. Prior to a final landscape inspection, an as-built landscape plan must be submitted to the City. A security of $115,000.00 is required to be submitted with the final plat to guarantee installation of the landscaping. 5. Prior to the issuance of building permits, the Developer must submit documents establishing a homeowners association for ownership of the common lot and maintenance of said common lot and building exteriors. The HOA documents must be reviewed and approved by the City Attorney and recorded with Dakota County. Page 189 of 301 City of Lakeville Public Works – Engineering Division Memorandum To: Heather Botten, Senior Planner From: Alanna Sobottka, Civil Engineer McKenzie L. Cafferty, Environmental Resources Manager Copy: Tina Goodroad, Community Development Director Julie Stahl, Finance Director Zach Johnson, City Engineer David Mathews, Building Official Date: May 19, 2025 Subject: Lord of Life Townhomes • Final Plat • Final Grading and Erosion Control Plan • Final Landscape Plan • Final Utility Plan BBAACCKKGGRROOUUNNDD Frisbie Companies has submitted a final plat named Lord of Life Townhomes. The parent parcel (PID No. 22-46300-01-012) consists of a portion of Lot 1, Block 1, Lord of Life Lutheran Church Addition that was administratively subdivided in late 2024 and is zoned RST-2, Single and Two Family Residential District. The proposed development is located east of and adjacent to Dodd Lane, south of Dodd Boulevard, and west of Pilot Knob Road. The final plat consists of 24 twinhome lots and one common area lot within one block, with one outlot on 5.74 acres. The Developer is dedicating 1.04 acres for Esprit Court right-of-way. The outlot created with the final plat shall have the following use: Outlot A: Stormwater management basin; deeded to City (0.41 acres) The proposed development will be completed by: Developer: Esprit Townhomes, LLC Engineer: Kimley-Horn Page 190 of 301 LLOORRDD OOFF LLIIFFEE TTOOWWNNHHOOMMEESS –– FFIINNAALL PPLLAATT MMAAYY 1199,, 22002255 PPAAGGEE 22 OOFF 77 SSIITTEE CCOONNDDIITTIIOONNSS The site consists of undeveloped land. Lord of Life Lutheran Church lies to the north and adjacent to the parcel. Various residential developments lie to the east, south, and west of the site. The site is located within the North Creek Stormwater District with the site generally draining north to south. SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT Dodd Lane Lord of Life Townhomes is located east of and adjacent to Dodd Lane, a City roadway classified as a local road. No additional right-of-way dedication is required on the final plat. Dodd Lane is constructed as a two-lane undivided rural roadway, with a five-foot-wide sidewalk along both sides. Esprit Court Development of Lord of Life Townhomes includes the construction of Esprit Court, a local roadway. Esprit Court is designed as a 32-foot-wide urban local roadway with concrete sidewalk along both sides, within a 60-foot wide right-of-way. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and street construction shall be from Dodd Boulevard. Construction traffic shall not be permitted south of the development. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDD EEWWAALLKKSS Development of Lord of Life Townhomes includes the construction of public sidewalks. Five- foot-wide concrete sidewalks, with pedestrian curb ramps, shall be installed along both sides of Esprit Court. The Park Dedication requirement has not been collected on the parent parcel and shall be satisfied through a cash contribution with the final plat, calculated as follows: 24 units x $3,968.00 = $95,232.00 Total Units Lord of Life Townhomes 2025 Unit Rate Park Dedication Fee Lord of Life Townhomes UUTTIILLIITTIIEESS SSAANNIITTAARRYY SSEEWWEERR Lord of Life Townhomes is located within subdistrict NC-20040 of the North Creek sanitary sewer district. Wastewater will be conveyed through City sanitary sewer to the MCES Page 191 of 301 LLOORRDD OOFF LLIIFFEE TTOOWWNNHHOOMMEESS –– FFIINNAALL PPLLAATT MMAAYY 1199,, 22002255 PPAAGGEE 33 OOFF 77 interceptor sewer monitored by meter M643A. Wastewater treatment is provided by the Empire Wastewater Treatment Facility. Development of Lord of Life Townhomes includes construction of public sanitary sewer. Sanitary sewer will extend within the subdivision from an existing manhole located within Dodd Lane, at the west plat boundary. The Sanitary Sewer Availability Charge has been collected on the parent parcel. WWAATTEERRMMAAIINN Development of Lord of Life Townhomes includes construction of public watermain. Watermain will extend within the subdivision from an existing stub located within Dodd Lane, at the west plat boundary. DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG Lord of Life Townhomes is located within subdistrict NC-15 of the North Creek stormwater district. Development of Lord of Life Townhomes includes grading modifications to an existing public stormwater management basin. The modifications lie within Outlot A, the existing basin is located off-site in Outlot B of Fieldstone Creek 1st Addition and provides rate control of stormwater runoff generated from the site. The stormwater management design is consistent with the City’s stormwater management ordinance. The developer is responsible for the restoration and establishment of native vegetation for any areas that are disturbed by expanding the existing basin. This will require a minimum of 2 years of management of the vegetation or until it is fully established. The Developer must certify to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. Prior to issuance of building permits, the soils observation and testing report, including referenced development phases and lot descriptions, and an as-built certified grading plan must be submitted and approved by City staff. Lord of Life Townhomes contains more than one acre of site disturbance. A National Pollution Discharge Elimination System General Stormwater Permit for construction activity is required from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the MPCA. SSTTOORRMM SSEEWWEERR Development of Lord of Life Townhomes includes the construction of public storm sewer systems. Storm sewer will be constructed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public Page 192 of 301 LLOORRDD OOFF LLIIFFEE TTOOWWNNHHOOMMEESS –– FFIINNAALL PPLLAATT MMAAYY 1199,, 22002255 PPAAGGEE 44 OOFF 77 stormwater management basin located within Outlot A, Lord of Life Townhomes and Outlot B, Fieldstone Creek 1st Addition. Draintile construction is required in areas of non-granular soils within Lord of Life Townhomes for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the developer’s responsibility to install and finance. The Storm Sewer Charge has been collected on the parent parcel. Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. FFEEMMAA FFLLOOOODDPPLLAAIINN AANN AALLYYSSIISS Lord of Life Townhomes is shown on the Flood Insurance Rate Map (Map Nos. 27037C0208E; Eff. Date 12/2/2011) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS There are no wetlands on the site. TTRREEEE PPRREESSEERRVVAATT IIOONN The plan identifies four significant trees on-site to be removed. The landscape trees along Dodd Lane will remain and will require tree protection fence be installed around them prior to grading activity. 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 NNTT RR OOLL The plans include a detailed erosion and sediment control plan. The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. Additional erosion control measures may be required during construction as deemed necessary by City staff. Any additional measures required shall be installed and maintained by the Developer. The developer shall be responsible for the establishment of native vegetation along all stormwater treatment basin slopes that were disturbed. This will require a minimum of two years of maintenance to ensure establishment. Page 193 of 301 LLOORRDD OOFF LLIIFFEE TTOOWWNNHHOOMMEESS –– FFIINNAALL PPLLAATT MMAAYY 1199,, 22002255 PPAAGGEE 55 OOFF 77 The MS4 Administration Fee has not been collected on the parent parcel and shall be paid with the final plat, calculated as follows: $91,100 x 2% = $1,822.00 Grading Cost Lord of Life Townhomes 2025 Rate MS4 Administration Fee Lord of Life Townhomes SSEECCUURRIITTIIEESS The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Lord of Life Townhomes. Construction costs are based upon estimates submitted by the Developer’s engineer on May 21, 2025. CONSTRUCTION COSTS Sanitary Sewer $ 140,875.00 Watermain 112,075.00 Storm Sewer 20,400.00 Street Construction 334,835.00 Grading, Erosion Control and Vegetation Establishment 131,200.00 SUBTOTAL - CONSTRUCTION COSTS $ 739,385.00 OTHER COSTS Developer’s Design (3.0%) $ 22,181.55 Developer’s Construction Survey (2.5%) 18,484.63 City’s Legal Expense (0.5%) 3,696.93 City Construction Observation (5.0%) 36,969.25 Developer’s Record Drawing (0.5%) 3,696.93 Landscaping 115,000.00 Streetlights 3,600.00 Lot Corners/Iron Monuments 2,600.00 SUBTOTAL - OTHER COSTS 238,279.28 TOTAL PROJECT SECURITY $977,664.28 The street light security totals $3,600 which consists of two (3) post-top streetlights at $1,200 each. 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 $2,600.00. 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. Page 194 of 301 LLOORRDD OOFF LLIIFFEE TTOOWWNNHHOOMMEESS –– FFIINNAALL PPLLAATT MMAAYY 1199,, 22002255 PPAAGGEE 66 OOFF 77 CASH FEES A cash fee of $1,000.00 for traffic control signs shall be paid with the final plat. If traffic control signs are installed in frost conditions, the Developer shall pay an additional $150.00 for each traffic control sign location. A cash fee for one-year of streetlight operating expenses shall be paid with the final plat and is calculated as follows: 24 units x $40.48/unit = $971.52 Total Units Lord of Life Townhomes 2025 Rate Streetlight Operating Fee Lord of Life Townhomes A cash fee for one-year of environmental resources management expenses shall be paid with the final plat and is calculated as follows: 24 units x $61.52/unit x 0.50 = $738.24 Total Units Lord of Life Townhomes 2025 Rate Utility Factor Environmental Resources Fee Lord of Life Townhomes 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: 26 lots x $90.00/unit = $2,340.00 Lots/Outlots Lord of Life Townhomes 2025 Rate Property Data & Asset/Infrastructure Mgmt. Fee Lord of Life Townhomes The Developer shall submit the final plat and construction drawings in an electronic format. The electronic format shall be in either .dwg (AutoCAD) or .dxf format. The Developer shall pay a cash fee for City Engineering Administration. The fee for City Engineering Administration is based on three percent (3.00%) of the estimated construction cost, or $22,181.55. CASH REQUIREMENTS Park Dedication 95,232.00 MS4 Administration Fee 1,822.00 Traffic Control Signs 1,000.00 Streetlight Operating Fee 971.52 Environmental Resources Management Fee 738.24 Property Data and Asset/Infrastructure Management Fee 2,340.00 City Engineering Administration (3.00%) 22,181.55 TOTAL CASH REQUIREMENTS $ 124,285.31 Page 195 of 301 LLOORRDD OOFF LLIIFFEE TTOOWWNNHHOOMMEESS –– FFIINNAALL PPLLAATT MMAAYY 1199,, 22002255 PPAAGGEE 77 OOFF 77 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the Lord of Life Townhomes final plat, final grading and erosion control plan, final utility plan, and final landscape plan subject to the requirements and stipulations within this report. Page 196 of 301 Dakota County, Maxar, Microsoft City of Lakeville Location Map Lord of Life Townhomes DODD BLVD (CSAH 9)DODD LNELM CREEK LNFANN IN G C T EN D E AVOR CTProposed location of 24 townhomes. EXHIBIT A± 162ND STDODD LNLord of Life Church 165TH ST Page 197 of 301 1 2 5 6 7 8 9 10 11 12 14 13 16 15 17 18 20 19 OUTLOT A 2324 2122 3 4 BLOCK 1 25 ESPRIT COURT 25 25 KNOW ALL PERSONS BY THESE PRESENTS: That Esprit Townhomes LLC, a Minnesota limited liability company, fee owner of the following described property: That part of Lot 1, Block 1, LORD OF LIFE LUTHERAN CHURCH ADDITION according to the recorded plat thereof, Dakota County, Minnesota lying southerly of the following described line: Commencing at the southwest corner of said Lot 1; thence North 04 degrees 23 minutes 36 seconds West assumed bearing along the west line of said Lot 1 a distance of 297.77 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 185.96 feet; thence South 00 degrees 34 minutes 10 seconds West a distance of 20.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 217.01 feet; thence North 00 degrees 34 minutes 05 seconds East a distance of 19.00 feet; thence South 89 degrees 25 minutes 50 seconds East a distance of 69.99 feet; thence North 51 degrees 08 minutes 40 seconds East a distance of 45.29 feet; thence North 66 degrees 17 minutes 10 seconds East a distance of 88.60 feet; thence South 82 degrees 50 minutes 13 seconds East a distance of 99.44 feet; thence South 51 degrees 57 minutes 36 seconds East a distance of 97.01 feet; thence South 21 degrees 05 minutes 00 seconds East a distance of 49.68 feet; thence North 83 degrees 29 minutes 36 seconds East a distance of 20.14 feet to the east line of said Lot 1 and said line there terminating. Has caused the same to be surveyed and platted as LORD OF LIFE TOWNHOMES and does hereby dedicate to the public the ways and easements for drainage and utility purposes as created by this plat. In witness whereof said Esprit Townhomes, LLC, a Minnesota limited liability company, has caused these presents to be signed by its managing member, Frisbie Properties and it's proper officer this __________day of ______________________, 2025 Signed: Frisbie Properties as Managing Member of Esprit Townhomes, LLC _______________________________________________ MATHEW J. FRISBIE, Trustee of The MATHEW and SHARI FRISBIE TRUST DATED DECEMBER 21, 2017 _______________________________________________ SHARI K. FRISBIE, Trustee of The MATHEW and SHARI FRISBIE TRUST DATED DECEMBER 21, 2017 STATE OF _________________ COUNTY OF________________ This instrument was acknowledged before me this_________day of________________, 2025 by MATHEW J. FRISBIE, Trustee and SHARI K. FRISBIE, Trustee of The MATHEW and SHARI FRISBIE TRUST DATED DECEMBER 21, 2017, Sole Member of Frisbie Properties, LLC, a Wisconsin limited liability company, as managing member of Esprit Townhomes, LLC, a Minnesota limited liability company on behalf of the company. ______________________________ (signature) ______________________________ (printed name) Notary Public, ______________________ County, __________________. My Commission Expires ____________________________. I Daniel L. Thurmes do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this ___________ day of _______________ , 2025 ___________________________________________ Daniel L. Thurmes, Licensed Land Surveyor Minnesota License No. 25718 Being 10.00 feet in width and adjoining public ways and 10.00 feet in width and adjoining rear lot lines, unless otherwise shown on this plat. 1 INCH = 40 FEET LORD OF LIFE TOWNHOMES DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: LAND SURVEYING, INC. CORNERSTONE 0 NORTH 40 80 LEGEND DENOTES FOUND 1/2 INCH IRON PIPE WITH NO CAP UNLESS OTHERWISE NOTED. DENOTES 1/2 INCH X 14 INCH IRON PIPE SET AND MARKED WITH MINNESOTA LICENSE NO. 25718 (MONUMENTS TO BE SET WITHIN ONE YEAR AFTER RECORDING OF THE PLAT) STATE OF MINNESOTA COUNTY OF WASHINGTON This instrument was acknowledged before me this ___________ day of _______________ , 2025, by Daniel L. Thurmes, a Licensed Land Surveyor. By: ____________________________________________________________________________________________ Notary Public Dakota County.(PRINTED) My Commission Expires January 31, 2030 CITY COUNCIL, CITY OF LAKEVILLE, MINNESOTA This plat of LORD OF LIFE TOWNHOMES was approved and accepted by the City Council of the City of Lakevillle, Minnesota, at a regular meeting thereof held this __________ day of _____________, 2025, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. By: ___________________________________ , Mayor Attest: _________________________________ , City Clerk COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd 11, this plat has been reviewed and approved this _____________ day of _________________ , 2025. By: ______________________________________________ Todd B. Tollefson, Dakota County Surveyor DEPARTMENT OF PROPERTY TAXATION AND RECORDS, COUNTY OF DAKOTA, STATE OF MINNESOTA Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20___ on the land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this __________ day of ____________________ , 2025 By: __________________________________________ Amy A. Koethe, Director Department of Property Taxation and Records COUNTY RECORDER, COUNTY OF DAKOTA, STATE OF MINNESOTA I hereby certify that this plat LORD OF LIFE TOWNHOMES was filed in the office of the County Recorder for public record on this ___________ day of _________________ , 2025, at __________ o'clock _____ .M. and was duly filed in Book __________ of Plats, Page ____________ as Document No. _____________________ . By: _____________________________________________ Amy A. Koethe, County Recorder VICINITY MAP SE1/4SW1/4NE1/4NW1/4SITE SEC. 2, TWP. 114, RNG. 20, DAKOTA COUNTY, MN (NOT TO SCALE) For the purposes of this survey the south line of Lot 1, Block 1, LORD OF LIFE CHURCH ADDITION is assumed to bear S89°22'34"E. Page 198 of 301 C102 EXHIBIT C Page 199 of 301 C103Page 200 of 301 Date: 6/2/2025 Amelia Meadows Final Plat Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution approving the Amelia Meadows final plat. Overview U.S. Home, LLC has submitted a final plat application for 49 single family lots and five outlots on 76.11 acres of land located east of Cedar Avenue (CSAH 23) and north of 200th Street (CR 64). The Amelia Meadows preliminary plat of 88 single family lots and 144 attached townhome lots was approved by the City Council on November 18, 2024. The Amelia Meadows final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. Supporting Information 1. Final plat resolution 2. Signed Development Contract 3. April 29, 2025 Planning and Engineering reports & exhibits Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 201 of 301 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 25-______ RESOLUTION APPROVING THE FINAL PLAT OF AMELIA MEADOWS WHEREAS, the owner of the property described as AMELIA MEADOWS has requested final plat approval; and WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks, Recreation and Natural Resources Committee and approved by the City Council; and WHEREAS, the final plat is consistent with the preliminary plat; and WHEREAS, the final plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: 1. AMELIA MEADOWS final plat is approved subject to the development contract and security requirements. 2. The Mayor and City Clerk are hereby authorized to execute the development contract, final play mylars, and all other documents required pursuant to the development contract. 3. The City Clerk is directed to file a certified copy of this resolution with the Dakota County Recorder. Page 202 of 301 2 ADOPTED by the Lakeville City Council this 2nd day of June 2025. CITY OF LAKEVILLE Luke M. 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 2nd day of June 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 203 of 301 236081v4 Amelia Meadows 1 (reserved for recording information) DEVELOPMENT CONTRACT (Developer Installed Improvements) AMELIA MEADOWS CONTRACT dated ____________________, 2025, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and U.S. HOME, LLC, a Delaware limited liability company (the “Developer”). 1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat for AMELIA MEADOWS (referred to in this Contract as the "plat"). The land is situated in the County of Dakota, State of Minnesota, and is legally described on Exhibit “A” attached hereto and made a part hereof. 2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that the Developer enter into this Contract, furnish the security required by it, and record the plat with the County Recorder or Registrar of Titles within 180 days after the City Council approves the final plat. 3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities, Page 204 of 301 236081v4 Amelia Meadows 2 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 three (3) 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 205 of 301 236081v4 Amelia Meadows 3 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 K. Sidewalks and Trails L. Retaining Walls The improvements shall be installed in accordance with the City subdivision ordinance; City standard specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity, Page 206 of 301 236081v4 Amelia Meadows 4 and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer shall submit plans and specifications which have been prepared by a competent registered professional engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality control to the extent that the Developer’s engineer will be able to certify that the construction work meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis. The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s 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 Page 207 of 301 236081v4 Amelia Meadows 5 E. MPCA NPDES Permit for Construction Activity F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal G. DNR for Dewatering H. City of Lakeville for Building Permits I. MCES for Sanitary Sewer Connections J. City of Lakeville for Retaining Walls 11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall also be strictly followed. 12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by November 30, 2025, with the exception of the final wear course of asphalt on streets. The final wear course on streets shall be installed between August 15th and October 15th the first summer after the base layer of asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by the Developer to reflect cost increases and the extended completion date. Final wear course placement outside of this time frame must have the written approval of the City Engineer. 13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in conjunction with plat development. 14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by the City. The City may impose additional erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly Page 208 of 301 236081v4 Amelia Meadows 6 as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or supplementary instructions received from the City, the City may take such action as it deems appropriate to control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer does not reimburse the City for any cost the City incurred for such work within 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 Developer is responsible for meeting all the requirements of the MPCA Construction Permit. Redundant silt fence is required along all wetlands and waterways that do not have a 50-foot established buffer. The Developer is responsible for the establishment of native vegetation around all stormwater treatment basins, channel restoration and buffer areas. The Developer shall submit a management plan including a schedule for maintenance to the city for approval. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Vermillion River Watershed JPO. Any additional measures required shall be installed and maintained by the Developer. The MS4 Administration Fee has not been collected on the parent parcels and is required with the final plat, calculated as follows: $1,999,483.00 x 2% Grading Costs = $39,989.66 Grading Cost Amelia Meadows 2025 Rate MS4 Administration Fee Amelia Meadows 15. GRADING. The plat shall be graded in accordance with the approved grading development and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty (30) days after completion of the grading and before the City approves individual building permits (except Page 209 of 301 236081v4 Amelia Meadows 7 three (3) model home permits on lots acceptable to the Building Official), the Developer shall provide the City with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water treatment/infiltration basins and swales, have been constructed on public easements or land owned by the City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10- 3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file with the City and all erosion control measures are in place as determined by the City Engineer. The Developer certifies to the City that all lots with house footings placed on fill have been monitored and constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report, including referenced development phases and lot descriptions, shall be submitted to the Building Official for review prior to the issuance of building permits. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built certificate of survey. Prior to the release of the required individual lot grading and erosion control security that is submitted with the building permit, an as-built certificate of survey for single family lots must be submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are consistent with the approved grading plan for the development, and amendments thereto as approved by the City Engineer, and that all required property monuments are in place. If the final grading, erosion control and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. 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 Page 210 of 301 236081v4 Amelia Meadows 8 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. Amelia Meadows 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. 16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion control, street cleaning, and street sweeping. 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 Page 211 of 301 236081v4 Amelia Meadows 9 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 seven (7) publicly owned and maintained stormwater management basins and stabilization and alteration of one (1) publicly owned and maintained channel to collect and treat the stormwater runoff generated from the site. The basins will outlet to the channel within the final plat area. The channel flows west to east into the City of Farmington. The stormwater management basins and channel will be located within Outlots C, D and E which will be conveyed to the City with the final plat. The stormwater basin design is consistent with City requirements. The Developer shall install public storm sewer within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basins and channel located within Outlots C, D and E. The channel conveys the stormwater off site to the eastern plat boundary into City of Farmington. Draintile construction is required in areas of non-granular soils within Amelia Meadows for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the Developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and is required with the final plat, calculated as follows: Storm Sewer Charge Summary Gross Area of Amelia Meadows 3,315,538.00 s.f. Less Area of Outlot A (Future Development) (-) 2,327,148.00 s.f. Less Area of Outlot B (Future Development) Less Area of Cedar Avenue and 200th Street Right-of-Way (-) 27,782.00 s.f. (-) 190,793.00 s.f. Total Storm Sewer Charge Area (Single-Family) = 769,815.00 s.f. 769,815.00 s.f. x $0.178/s.f. = $137,027.07 Net Area Amelia Meadows 2025 Unit Rate (Single-Family) Storm Sewer Charge Amelia Meadows Page 212 of 301 236081v4 Amelia Meadows 10 The Storm Sewer Charge for Outlots A and B will be collected with subsequent phases of the Cedar Hills North (now known as Amelia Meadows) 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. Amelia Meadows is located within subdistrict FO-60100 of the Farmington Outlet sanitary sewer district as identified in the City’s Sanitary Sewer Comprehensive Plan. The Developer shall construct and extend 8-inch sanitary sewer within the subdivision. The wastewater from the development will be conveyed via existing trunk sanitary sewer to the MCES Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. Cedar Hills North will extend the trunk sanitary sewer line through the development to the northern plat boundary. A Direct Connection Permit is required from the Metropolitan Council for the connection to the interceptor. The development shall coordinate placement of a sanitary sewer meter within the development in accordance with requirements set forth by the Metropolitan Council. The City shall credit the Developer $78,370.00 for the oversizing of the trunk sanitary sewer constructed with the development improvements. The credit will be based on the cost difference between 8-inch sewer and the sewer that will be installed. The credit will be applied to the Developer’s final plat cash fees and will be based on an estimate provided by the Developer’s engineer. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and shall be paid by the Developer with the final plat, calculated as follows: 49 units x $327.00 = $16,023.00 Total Units Amelia Meadows 2025 Unit Rate Sanitary Sewer Availability Charge Amelia Meadows The Sanitary Sewer Availability Charge for Outlots A and B will be collected with subsequent phases of the Cedar Hills North (now known as Amelia Meadows) 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. 21. WATERMAIN. The Developer shall extend 8-inch watermain within the development to provide water service to the subdivision. The Developer shall extend 8-inch watermain to the northern plat boundary at Gallifrey Way and Road 11 to service future development. Page 213 of 301 236081v4 Amelia Meadows 11 Consistent with the City’s Comprehensive Water System Plan, trunk watermain extensions are required to be completed with the preliminary plat. The Developer shall extend 16-inch trunk watermain along the east side of Cedar Avenue from 200th Street to the north plat boundary. The Developer shall extend 12-inch trunk watermain along Gadfly Way and Road 6 to the north plat boundary. The City shall credit the Developer $37,900.00 for the oversizing of the trunk watermains in the development. The credit will be based on the cost difference between 8-inch watermain and the oversized watermain that will be installed. The credit will be applied to the Developer’s final plat cash fees and will be based on an estimate provided by the Developer’s engineer. 22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and street construction will be from 200th Street. 23. UNDERGROUNDING. Overhead electric service lines and poles are located along the east side of Cedar Avenue within the western final plat area. The Developer is required to remove the poles and place the service utilities underground with the final plat, consistent with the City’s Public Ways and Property Ordinance. The developer shall provide a $5,000.00 security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations. 24. 200TH STREET IMPROVEMENTS. The Developer shall install two (2) full access intersections along 200th Street with the development improvements. The Developer shall be responsible for construction of right turn and acceleration lanes as required by Dakota County at the proposed access locations. Building permits will not be permitted until the improvements are completed. 25. PARK, TRAILS, AND SIDEWALKS. The City’s Parks, Trails and Open Space Plan does not designate a park within Amelia Meadows. The Developer shall install five-foot wide concrete sidewalks, with pedestrian curb ramps along one side of all local streets except for the Gadston Lane Cul-de-Sac. The Developer shall install five-foot- concrete sidewalks, with pedestrian curb ramps along both sides of Gallifrey Way. The Developer shall install bituminous trails along the north side of 200th Street (10-feet wide) from the eastern plat boundary to the western plat boundary, the east side of Cedar Avenue (10-feet wide) from the southern plat boundary Page 214 of 301 236081v4 Amelia Meadows 12 to the northern plat boundary, and along the proposed drainageway (8-feet-wide from 200th Street to Gadfly Way. The Developer shall complete an ADA-compliant pedestrian crossing of 200th Street at the intersection of 200th Street and Cedar Avenue. The Developer will be responsible for 100% of the grading and restoration for the bituminous trails. The City shall provide a credit to the Developer in the amount of $49,275.00 to the final plat cash fees for the City’s 3/8th share (excluding grading and restoration) of the trail construction costs for the trails along 200th Street and Cedar Avenue. The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through a cash contribution to be paid with the final plat, calculated as follows: 49 units x $5,832.00 = $285,768.00 Total Units (Low-Density) Amelia Meadows 2025 Unit Rate (Low-Density) Park Dedication Fee Amelia Meadows The Developer shall satisfy the park dedication requirement for Outlots A and B with subsequent phases of the Cedar Hills North (now known as Amelia Meadows) 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. 26. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer shall pay a cash fee of $5,525.00 for traffic control signs with the final plat. If street signs are installed during frost conditions, the Developer shall pay an additional $150.00 for each traffic control sign location. If multiple mobilizations are needed, the Developer shall pay an additional $300.00 for each mobilization. The Developer shall pay a cash fee for one-year of streetlight operating expenses with the final plat, calculated as follows: 49 units x $40.48/unit = $1,983.52 Total Units Amelia Meadows 2025 Rate Streetlight Operating Fee Amelia Meadows 27. 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: 49 units x $61.52/unit = $3,014.48 Total Units (Single Family) Amelia Meadows 2025 Rate Environmental Resources Fee Amelia Meadows Page 215 of 301 236081v4 Amelia Meadows 13 28. LANDSCAPING. Unless the single-family home lot already has two (2) trees on it, the Developer or lot purchaser shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60) days after a home has received a certificate of occupancy. Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the escrow funds, without interest, less any draw made by the City, shall be returned to the person who deposited the funds with the City. 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. Fifty percent (50%) of the security will be released when all the landscaping has been installed and inspected by City staff and the remaining fifty percent (50%) will be released one year after the landscaping inspection and any warranty work has been completed. Landscaping shall be installed in accordance with the approved landscape plan. The Developer shall post a $115,460.00 landscaping security at the time of final plat approval to ensure that the landscaping is installed in accordance with the approved plan. 29. BUFFER YARD BERM/LANDSCAPE SCREEN. 200th Street is a major collector roadway as identified in the City’s Transportation Plan. The Developer shall provide a buffer yard containing earth berms and/or plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum Page 216 of 301 236081v4 Amelia Meadows 14 of ten feet in height adjacent to 200th Street consistent with the Zoning Ordinance. A certified as-built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. The Developer shall submit a $1,000.00 cash escrow with the building permit applications for the following lots to guarantee installation of the buffer side/rear yard sod to the edge of the trail to be constructed on the north side of 200th Street. This escrow will be in addition to the two trees/lot and front yard sod escrow required at the time of building permit: • Lots 1-6, Block 1; • Lots 1-9, Block 3; and • Lot 7, Block 5. 30. WETLANDS. The wetland delineation for the site was approved on February 27, 2024. The wetland delineation was completed by MNR. The delineation identified two small wetlands on the site adjacent to the Vermillion River Watershed Water Quality Corridor. As part to of the development, the previously farmed and eroded channel will be realigned and restored. The development will be impacting 0.29 acres of wetland for a road crossing and restoring the channel. The Developer has purchased a total of 0.58 acres of banking credits to offset the impacts. The wetland replacement plan was approved on October 28, 2024. Based on the information provided in the report the impacts indicated for the areas outlined in the report have been determined to be acceptable for use in implementing the Wetland Conservation Act. All wetlands, channel and buffers will be placed in a city owned outlot that will be dedicated at final plat. The Developer is responsible for the establishment of the channel with native vegetation and will be required to manage the site for a minimum of five (5) years or until it is fully established. The Developer shall install “Natural Area” signs along the channel and buffer areas. Final locations (21) will be approved by the city prior to installation. Page 217 of 301 236081v4 Amelia Meadows 15 31. SPECIAL PROVISIONS. The following special provisions shall apply to plat development: A. Implementation of the recommendations listed in the April 29, 2025, Engineering Report and April 29, 2025, Planning Report. B. Before the City signs the final plat, the Developer shall convey Outlots C, D, and E to the City by warranty deed, free and clear of any and all encumbrances. C. The Developer shall construct a temporary Cul-de-Sac at the east end of Gadston Lane and enter into a temporary public roadway, drainage and utility easement with the City in a recordable form approved by the City for recording with the final plat. The Developer shall install a “Future Street Extension” sign and barricades at the east end of Gadston Lane. The Developer shall provide a $2,500.00 security for the future removal and restoration. D. 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 $5,400.00 security for the final placement of interior subdivision iron monuments at property corners. The security was calculated as follows: fifty- four (54) 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. E. 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 $4,860.00. F. The Developer shall be responsible for the cost of street light installation consistent with a street lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a security for street light installation consistent with the approved plan. The estimated amount of Page 218 of 301 236081v4 Amelia Meadows 16 this security is $13,600.00 and consists of nine (9) post-top streetlights at $1,200.00, and two (2) mast arm lights at $1,400.00 each. G. 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. H. The following lots are prohibited from having driveway access to Gallifrey Way: • Lots 1 and 14, Block 1; • Lot 1, Block 2; and • Lot 1, Block 3. 32. 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 $4,529,240.54. The amount of the security was calculated as follows: CONSTRUCTION COSTS: A. Sanitary Sewer $426,764.44 B. Watermain 454,712.50 C. Storm Sewer/Draintile 752,313.00 D. Streets 1,212,889.50 E. Grading, Drainage, Erosion Control and Restoration 725,812.50 F. Vegetation Establishment 150,000.00 G. 200th Street Turn Lanes 213,948.00 CONSTRUCTION SUB-TOTAL $3,936,439.94 OTHER COSTS: A. Developer’s Design (3.0%) $118,093.20 B. Developer’s Construction Survey (2.5%) 98,411.00 C. City Legal Expenses (Est. 0.5%) 19,682.20 D. City Construction Observation (Est. 5.0%) 196,822.00 E. City Record Drawings (0.5%) 19,682.20 Page 219 of 301 236081v4 Amelia Meadows 17 F. Natural Area Signs 3,150.00 G. Gadston Lane Temporary Cul-de-Sac Removal 2,500.00 H. Landscaping 115,460.00 I. Streetlights 13,600.00 J. Lot Corners/Iron Monuments 5,400.00 OTHER COSTS SUB-TOTAL $592,800.60 TOTAL SECURITIES: $4,529,240.54 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. 33. 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 $285,768.00 B. Sanitary Sewer Availability Charge 16,023.00 C. Storm Sewer Charge 117,977.31 D. MS4 Administration Fee 39,989.66 E. Traffic Control Signs 5,525.00 Page 220 of 301 236081v4 Amelia Meadows 18 F. Streetlight Operating Fee 1,983.52 G. Environmental Resources Management Fee 3,014.48 H. Property Data and Asset/Infrastructure Management Fee 4,860.00 I. City Engineering Administration (3% for letters of credit) 118,093.20 SUBTOTAL CASH REQUIREMENTS $593,234.17 CREDITS TO THE CASH REQUIREMENTS Trunk Watermain Oversizing Credit $37,900.00 Trunk Sanitary Sewer Oversizing Credit 78,370.00 City 3/8 Trail Cost – 200th Street and Cedar Avenue 49,275.00 SUBTOTAL – CREDITS TO THE CASH REQUIREMENTS $165,545.00 TOTAL CASH REQUIREMENTS $427,689.17 34. WARRANTY. The Developer warrants all improvements required to be constructed by it pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years and shall commence following completion and acceptance by the City. The one year warranty period on streets shall commence after the final wear course has been installed and accepted by the City. The Developer shall post maintenance bonds in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used to pay for warranty work. The City’s standard specifications for utility and street construction identify the procedures for final acceptance of streets and utilities. 35. 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 221 of 301 236081v4 Amelia Meadows 19 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. 36. 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 222 of 301 236081v4 Amelia Meadows 20 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. 37. FORCE MAJEURE. If Developer is delayed at any time in progress of the plat by acts of God, casualty, insurrection, strikes, war, terrorism, lockouts, pandemic, governmental order (including health orders), labor disputes, adverse weather conditions which could not reasonably be anticipated, or any causes, acts, or occurrences beyond Developer’s control (financial inability excluded) (collectively, “Force Majeure Items”), then the commencement date and completion dates (without adjustment to the Development Contract sums) shall be extended for such reasonable time as the Force Majeure Items continue. 38. MISCELLANEOUS. A. The Developer represents to the City that the plat complies with all city, county, metropolitan, state, and federal laws and regulations, including but not limited to: subdivision ordinances, zoning ordinances, and environmental regulations. If the City determines that the plat does not comply, the City may, at its option, refuse to allow construction or development work in the plat until the Developer does comply. Upon the City's demand, the Developer shall cease work until there is compliance. B. Third parties shall have no recourse against the City under this Contract. C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building permits, including lots sold to third parties. D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for any reason held invalid, such decision shall not affect the validity of the remaining portion of this Contract. E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to issuance of any building permits, except three (3) model homes on lots acceptable to the Building Page 223 of 301 236081v4 Amelia Meadows 21 Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning ordinance is required prior to the construction of any model homes. F. If building permits are issued prior to the acceptance of public improvements, the Developer assumes all liability and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City, Developer, its contractors, subcontractors, material men, employees, agents, or third parties. No sewer and water connections or inspections may be conducted and no one may occupy a building for which a building permit is issued on either a temporary or permanent basis until the streets needed for access have been paved with a bituminous surface and the utilities are accepted by the City Engineer. G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce this Contract shall not be a waiver or release. H. This Contract shall run with the land and may be recorded against the title to the property. In the event this Contract is recorded, upon request by Developer, the City covenants to provide a recordable Certificate of Completion within a reasonable period of time following the request, upon the completion of the work and responsibilities required herein, payment of all costs and fees required and compliance with all terms of the Contract. A release of this Contract may be provided in the same manner and subject to the same conditions as a Certificate of Completion provided there are no outstanding or ongoing obligations of Developer under the terms of this Contract. The Developer covenants with the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or has obtained consents to this Contract, in the form attached hereto, from all parties who have an interest in the property; that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the City harmless for any breach of the foregoing covenants. Page 224 of 301 236081v4 Amelia Meadows 22 I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to their insurance professional for verification that the certificate of insurance is in compliance with the requirements of the Development Contract. Prior to execution of the final plat, Developer and its general contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Developer and its general contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Developer and its general contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Developer and its general contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: • $500,000 – Bodily Injury by Disease per employee • $500,000 – Bodily Injury by Disease aggregate • $500,000 – Bodily Injury by Accident The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”. Page 225 of 301 236081v4 Amelia Meadows 23 All insurance policies (or riders) required by this Contract shall be (i) taken out by and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) shall name the City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the endorsement must be submitted with the certificate of insurance. Developer’s and general contractor’s policies and Certificate of Insurance shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required by this Contract. J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Developer’s negligence or its performance or failure to perform its obligations under this Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor, subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive the completion or termination of this Contract. K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or remedy, express or implied, now or hereafter arising, available to City, at law or in equity, or under any other agreement, and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as often and in such order Page 226 of 301 236081v4 Amelia Meadows 24 as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any time thereafter any other right, power or remedy. L. The Developer may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of Completion and Release. M. Retaining walls that require a building permit shall be constructed in accordance with plans and specifications prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction, a certification signed by the design engineer shall be filed with the Building Official evidencing that the retaining wall was constructed in accordance with the approved plans and specifications. All retaining walls identified on the development plans and by special conditions referred to in this Contract shall be constructed before any other building permit is issued for a lot on which a retaining wall is required to be built. N. Should the Developer convey any lot or lots in the Development to a third party, the City and the owner of that lot or those lots may amend this Development Contract or other city approvals or agreements for development or use of those lots without the approval or consent of the Developer or other lot owners in the Development. Private agreements between the owners of lots within the Development for shared service or access and related matters necessary for the efficient use of the Development shall be the responsibility of the lot owners and shall not bind or restrict City authority to approve applications from any lot owner in the Development. 39. 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: 2780 Snelling Avenue N Suite 101 Roseville, MN 55113. 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. Page 227 of 301 236081v4 Amelia Meadows 25 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 228 of 301 Page 229 of 301 236081v4 Amelia Meadows 28 EXHIBIT “A” TO DEVELOPMENT CONTRACT Legal Description of Property Being Final Platted as AMELIA MEADOWS That part of the Southwest Quarter of Section 22, Township 114 North, Range 20 West, Dakota County, Minnesota described as follows: The South 225.0 feet of said Southwest Quarter, except the East 1320.0 feet, and except the West 547.83 feet thereof. And The West 678.00 feet of the South 300.00 feet of the North 2,055.00 feet of the Southwest Quarter of Section 22, Township 114 North, Range 20 West, Dakota County, Minnesota. And The South half of the Southwest Quarter of Section 22, Township 114 North, Range 20 West, Dakota County, Minnesota. EXCEPT The West 261.37 feet of the East 522.74 feet of the South 533.00 feet thereof. ALSO EXCEPT The South 225.00 feet of said Southwest Quarter lying West of the East 1320.00 feet and East of the West 547.83 feet thereof. ALSO EXCEPT The West 678.00 feet of the South 300 feet of the North 2055.00 feet of said Southwest Quarter. (Abstract Property) [Platted as Amelia Meadows, Dakota County, Minnesota.] Page 230 of 301 1 City of Lakeville Community Development Memorandum To: Tina Goodroad, Community Development Director From: Kris Jenson, Planning Manager Date: April 29, 2025 Subject: Amelia Meadows Final Plat Application Action Deadline: June 3, 2025 INTRODUCTION Lennar has submitted an application and plans for the final plat of Amelia Meadows, which includes 49 single family lots located east of Cedar Avenue (CSAH 23) and north of 200th Street (CR 64). This is the first phase of the preliminary plat of 88 single family lots and 144 attached townhomes lots that was approved by the City Council on November 18, 2024. The lot, block and street design of the Amelia Meadows final plat is consistent with the approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks and Recreation staff. EXHIBITS A. Location Map B. Preliminary Plat C. Final Plat D. April 24, 2025 Plat Commission letter PLANNING A NALYSIS Existing Conditions. The Amelia Meadows final plat area consists of five parcels. Previously the site was used for agriculture and several homesites. A grading permit has been issued for the site (Exhibit A). Zoning. The zoning of the overall Amelia Meadows development is RM-3, Medium Density Residential District and RST-2, Single and Two Family Residential District. The lots included in this first phase of the Amelia Meadows are zoned RST-2 and single family homes are a permitted use. Page 231 of 301 2 LOT REQUIREMENTS Lot Area. Single family lots within the RST-2 District are required to provide a minimum lot area of 8,400 square feet for interior lots and 10,200 square feet for corner lots. The area of the 49 lots in the final plat meet the minimum square footage required. Lot Width. The minimum lot width for single-family lots within the RST-2 District is 70 feet for interior lots and 85 feet for corner lots. All lots meet the minimum lot width requirement. Setbacks. Setback requirements for single family lots in the RST-2 District is outlined below: Front Side (Interior) Side (Corner) Side (Buffer) Rear Rear (Buffer) 20 feet house 25 feet garage 7 feet 20 feet 30 feet 30 feet 50 feet The proposed building pads meet the minimum setback requirements for interior and corner lots. Development Density. The Amelia Meadows final plat consists of 49 single family lots on 76.11 acres for a gross density of 0.64 units per acre. Removing the outlots and arterial street ROW leaves 17.67 acres to be developed, resulting in a net density of 2.77 units per acre. Phasing. The overall Amelia Meadows plat is anticipated to be developed in three phases. The first phase includes 49 single family lots within five blocks. There will be 144 attached townhome lots and 39 single-family lots to be final platted and developed after the Amelia Meadows final plat. Outlots. There are two outlots proposed with the Amelia Meadows final plat. Outlot A is 39.35 acres in area and will be retained by the developer for future development. Outlot B is 0.64 acres in area and will be retained by the developer for future development. Outlot C is 4.70 acres in area and will be deeded to the City for waterways, buffers, and stormwater basins. Outlot D is 3.55 acres in area and will be deeded to the City for waterways, buffers, and stormwater basins. Outlot E is 5.83 acres in area and will be deeded to the City for waterways, buffers, and stormwater basins. Access. Amelia Meadows will have access from 200th Street. Streets & Right-of-Way. Amelia Meadows is adjacent to and will include the construction of the following streets: Cedar Avenue (CSAH 23) is a minor arterial highway located west of and adjacent to the Amelia Meadows final plat. The Developer is dedicating the necessary right of way per the Dakota County Plat Needs Map. Page 232 of 301 3 200th Street (CR 64) is a major collector county road located south of the Amelia Meadows final plat. The Developer is dedicating 50 feet of half right of way as required by the Dakota County Plat Needs Map. Gallifrey Way is identified as a minor collector street in the City’s Transportation Plan and will provide full access to 200th Street. Gallifrey Way will be a 38-foot-wide street within an 80-foot- wide right-of-way and include five-foot-wide sidewalks on both sides of the street. Barricades and “Future street extension” signs must be placed at the north end of the street. Refer to the April 29, 2025 Engineering report for additional information. The following lots are prohibited from having driveway access to Gallifrey Way: • Lots 1 and 14, Block 1 • Lot 1, Block 2 • Lot 1, Block 3 Gadston Lane will be a local residential 32-foot-wide street within a 60-foot right of way. East of Gallifrey Way it will have a five (5) foot wide sidewalk on one side of the street and be extended north with a future phase of development. West of Gallifrey Way, Gadston Lane will end in a permanent cul-de-sac. “Future Street Extension” signs and barricades must be placed at the northeast end of the street, and the Developer must dedicate a temporary turnaround easement over the temporary cul de sac and provide a $2,500 security for the future removal and restoration. Gadfly Way will be a local residential 32-foot-wide street within a 60-foot right of way that ends in a permanent cul-de-sac and will be a full intersection with 200th Street. Dakota County Plat Commission. The Amelia Meadows final was reviewed at the Plat Commission’s April 23, 2025 meeting, where the Amelia Meadows final plat was recommended for approval. Trails. The developer will construct a 10-foot-wide bituminous trail along the east side of Cedar Avenue from the north plat boundary to 200th Street and along the north side of 200th Street, from the east plat boundary to Cedar Avenue. Along the proposed drainageway, the Developer will construct eight-foot-wide trails, from 200th Street to Gadfly Way. The developer will receive a credit to final plat cash fees for the City’s 3/8th share of the construction costs for the trails along Cedar Avenue and 200th Street. Buffer Yard/Landscaping. Amelia Meadows is adjacent to 200th Street, a major collector County roadway. With this plat, 15 lots will backup to 200th Street and one lot will have a side yard adjacent to 200th Street. The developer is proposing to plant evergreen and overstory trees in a staggered row with groupings of shrubs to meet the buffer yard landscaping requirements. The City Forester approved the landscape plan dated October 16, 2024, in conjunction with the preliminary plat. Landscaping on site must be installed per the approved plan and prior to a landscape inspection, an as-built landscape plan must be submitted to the City. Page 233 of 301 4 A security of $115,460 is required to guarantee installation of the landscaping. In addition, a $1,000 per lot escrow is required with each building permit for the 16 lots for the installation of sod in the rear/side yards to the edge of the trail to be constructed along 200th Street. Park Dedication. The City’s Parks Trails and Open Space Plan does not identify a future neighborhood park within the Amelia Meadows plat boundary. Park dedication will be satisfied through cash contribution. See the April 29, 2025 engineering report for more details. Tree Preservation. A tree preservation plan was approved with the preliminary plat. It indicated 196 trees on site, all of which were proposed to be removed with the development. Grading activity has been ongoing on site and tree removal has been completed. Wetlands. A wetland delineation was completed for the site on February 27, 2024. There are two small wetlands adjacent to the water quality corridor, which will be realigned and restored with the development of Amelia Meadows. The wetland replacement plan was approved on October 28, 2024. Grading, Drainage and Erosion Control. The final plat includes grading, drainage and erosion control plans. Grading, drainage and erosion control is discussed in more detail in the April 29, 2025 engineering report. RECOMMENDATION The Amelia Meadows final plat is consistent with the approved preliminary plat and complies with the requirements of the Zoning and Subdivision Ordinances. Community Development Department staff recommends approval of the Amelia Meadows final plat subject to the following conditions: 1. The recommendations listed in the April 29, 2025 engineering report. 2. A five-foot-wide concrete sidewalk shall be constructed along one side of Gadston Lane at the developer’s expense as shown on the approved final plat plans. 3. The developer shall construct a 10-foot-wide bituminous trail along the east side of Cedar Avenue between 200th Street the north plat boundary and along the north side of 200th Street, from the east plat boundary to Cedar Avenue (CSAH 23). An eight-foot-wide trail along the water quality corridor will also be constructed by the Developer. The developer will receive a credit for the City’s 3/8ths portion of the trails with the final plat. 4. A $1,000 cash escrow must be submitted with the building permit applications for the following lots to guarantee installation of the buffer side/rear yard sod to the edge of the trail to be constructed on the north side of 200th Street. This escrow will be in addition to the two trees/lot and front yard sod escrow required at the time of building permit. • Lots 1-6, Block 1 Page 234 of 301 5 • Lots 1-9, Block 3 • Lot 7, Block 5 5. A “Future Street Extension” sign and barricades must be placed at the northeast terminus of Gadston Lane. The Developer must grant a temporary turnaround easement over the temporary cul de sac location. 6. The following lots are prohibited from having driveway access to Gallifrey Way: • Lots 1 and 14, Block 1 • Lot 1, Block 2 • Lot 1, Block 3 7. The developer shall pay $285,768.00 in park dedication fees with the final plat. 8. The approved landscape plan is dated October 16, 2024, and landscaping on site must be installed per the approved plan. Prior to a landscape inspection, an as-built landscape plan must be submitted to the City. A security of $115,460.00 is required to be submitted with the final plat to guarantee installation of the landscaping. Page 235 of 301 Dakota County, Maxar, Microsoft± 200TH ST (CR 64)CEDAR AVE (CSAH 23)202ND ST City of FarmingtonG ALLI FREY WAY City of Lakeville Location Map Amelia Meadows Final Plat EXHIBIT A Final Plat Area Page 236 of 301 Outlot EOUTLOT AΔ Δ Δ ΔΔ ΔOUTLOT AINSET B(SEE SHEET 4OF 4 SHEETS)INSET A(SEE SHEET 3 OF 4 SHEETS)INSET C(SEE SHEET 4OF 4 SHEETS)COUNTY RD NO. 64(200TH ST W)(CEDAR AVENUE)C.S.A.H NO. 23 Outlot COutlot DΔOUTLOT EOUTLOT DΔ OUTLOT CΔ Δ 0SCALE IN FEET100 5050 100200SHEET 2 OF 4 SHEETSSRRGNNE ENIGEDESIENNSATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLANORTH AMELIA MEADOWSDenotes a 1/2 inch by 14 inch iron pipe monument setand marked by License No. 62269.Denotes a 1/2 inch pipe monument found and markedby License No. 62269.Denotes a PK-Nail and washer found and marked byLicense No. 62269, unless shown otherwiseDenotes a Found Dakota County Aluminum MonumentThe basis for the bearing system is the south line of the Southwest Quarterof Section 22, Township 114, Range 20 and is assumed to bearNorth 89 degrees 57 minutes 15 seconds East.EXHIBIT CPage 238 of 301 14987543 2161013121164751324312765Δ ΔΔΔΔ ΔΔΔΔ Δ Δ ΔΔ ΔΔΔ Δ Δ Δ Δ ΔΔΔΔ Δ ΔΔΔ ΔΔ Δ1123ΔGADSTON LANEGADSTON LANEG A LLIFREY W A Y Δ 0SCALE IN FEET50 2525 50100NOT TO SCALE10 55Being 5 feet in width and adjoining side lot lines and being 10 feet inwidth and adjoining public ways, unless otherwise indicated on this plat.10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:INSET ASHEET 3 OF 4 SHEETSSRRGNNE ENIGEDESIENNSATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLANORTH AMELIA MEADOWSDenotes a 1/2 inch by 14 inch iron pipe monument setand marked by License No. 62269.The basis for the bearing system is the south line of the Southwest Quarterof Section 22, Township 114, Range 20 and is assumed to bearNorth 89 degrees 57 minutes 15 seconds East.Page 239 of 301 12654317OUTLOT BOUTLOT B ΔΔΔ45GADFLY WAYCOUNTY RD NO. 64(200TH ST W)ΔΔ9118108914131211101516ΔΔ Δ Δ ΔΔΔΔΔΔΔΔΔ Δ ΔΔ Δ Δ 3GADSTON LANE 20SCALE IN FEET50 2525 50100NOT TO SCALE10 55Being 5 feet in width and adjoining side lot lines and being 10 feet inwidth and adjoining public ways, unless otherwise indicated on this plat.10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:INSET BSHEET 4 OF 4 SHEETSSRRGNNE ENIGEDESIENNSATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLANORTH AMELIA MEADOWSINSET CDenotes a 1/2 inch by 14 inch iron pipe monument setand marked by License No. 62269.Denotes a 1/2 inch pipe monument found and markedby License No. 62269.Denotes a PK-Nail and washer found and marked byLicense No. 62269, unless shown otherwiseThe basis for the bearing system is the south line of the Southwest Quarterof Section 22, Township 114, Range 20 and is assumed to bearNorth 89 degrees 57 minutes 15 seconds East.Page 240 of 301 Dakota County Surveyor’s Office Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 952.891-7087 Fax 952.891-7127 www.co.dakota.mn.us April 24, 2025 City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Re: AMELIA MEADOWS The Dakota County Plat Commission met on April 23, 2025, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 23 (Cedar Ave.) and CR 64 (200th St. W.) and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed site includes residential development north of County Road 64 (200th St W) and east of CSAH 23 (Cedar Ave). The right-of-way needs are 50 feet of half right of way along CR 64 and 100 feet of half right of way along CSAH 23. Access to the site along CR 64 include two accesses that align with the south intersections at Gallifrey Way and Gadfly Way. Restricted access should be shown along all of CSAH 23 and all of CR 64 except for the two access openings. A quit claim deed to Dakota County for restricted access is required with the recording of the plat mylars. The Plat Commission has approved the preliminary and final plat, provided that the described conditions are met, and will recommend approval to the County Board of Commissioners on May 20, 2025. Traffic volumes on CSAH 23 and CR 64 are 21,800 and 2,421 ADT, respectively, and are anticipated to be 39,000 and 5,500 ADT by the year 2040. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact TJ Bentley regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: EXHIBIT D Page 241 of 301 City of Lakeville Public Works – Engineering Division Memorandum To: Kris Jenson, Planning Manager From: Jon Nelson, Assistant City Engineer McKenzie L. Cafferty, Environmental Resources Manager Joe Masiarchin, Parks and Recreation Director Copy: Zach Johnson, City Engineer Tina Goodroad, Community Development Director Julie Stahl, Finance Director Dave Mathews, Building Official Date: April 29, 2025 Subject: Amelia Meadows • Final Plat Review • Grading and Erosion Control Plan Review • Utility Plan Review • Tree Preservation Review BBAACCKKGGRROOUUNNDD Lennar has submitted a final plat named Amelia Meadows. This is the first phase of the Cedar Hills North preliminary plat approved by the City Council on November 18, 2024. The proposed subdivision is located east of and adjacent to Cedar Avenue (CSAH 23) and north of and adjacent to 200th Street (CR 64). The parent parcels consist of five metes and bounds parcels (PID Nos. 220220054010, 220220054020, 220220051012, 220220055020, and 220220050012), zoned RST-2 (Single and Two-Family Residential). The final plat consists of forty-nine (49) single-family lots within five (5) blocks, and five (5) outlots on 76.11 acres. The Developer is dedicating 4.38 acres as Cedar Avenue and 200th Street right-of-way. The outlots created with the final plat shall have the following use: Outlot A: Future development; to be retained by developer (39.35 acres) Outlot B: Future development; to be retained by developer (0.64 acres) Outlot C: Stormwater management; deeded to City (4.70 acres) Page 242 of 301 AAMMEELLIIAA MMEEAADDOOWWSS FFIINNAALL PPLLAATT AAPPRRIILL 2299,, 22002255 PPAAGGEE 22 OOFF 1100 Outlot D: Stormwater management; deeded to City (3.55 acres) Outlot E: Stormwater management; deeded to City (5.83 acres) The proposed development will be completed by: Developer: Lennar Engineer/Surveyor: Sathre-Bergquist, Inc. SSIITTEE CCOONNDDIITTIIOONNSS The Amelia Meadows site is agricultural land, one single family home in the process of being removed through a grading permit with the city and contains two delineated wetlands and a drainageway through the site traveling west to east. The site drains north towards the drainageway. There is an overhead line and facility on the west end of the site. EEAASSEEMMEENNTTSS The following easement exists on the parent parcels and will be vacated prior to recording of the final plat: • Easement in favor of the City of Lakeville for roadway, drainage, and utility purposes per Document No. 3542271 SSTTRREEEETT AANNDD SSUUBBDDIIVV II SSIIOO NN LLAAYYOO UUTT Cedar Avenue (CSAH 23) Amelia Meadows is located east of and adjacent to Cedar Avenue, a minor arterial County highway, as identified in the City’s Transportation Plan. Cedar Avenue is currently constructed as a four-lane divided rural roadway with an urban center median. The current Dakota County Plat Review Needs Map indicates a half right-of-way requirement of 100-feet and designates this roadway as a future six-lane urban roadway over its entire length adjacent to the plat. The Developer is dedicating the necessary right-of-way as shown on the final plat. The preliminary plat was reviewed and recommended for approval by the Dakota County Plat Commission at their April 23, 2025 meeting. 200th Street (CR 64) Amelia Meadows is located north of and adjacent to 200th Street, a major collector County roadway, as identified in the City’s Transportation Plan. 200th Street is currently constructed as a two-lane undivided rural roadway adjacent to the plat. The current Dakota County Plat Review Needs Map indicates a half right-of-way requirement of 50-feet and designates this roadway as a future two-lane undivided urban roadway over its entire length adjacent to the plat. The Developer is dedicating the necessary right-of-way as shown on the preliminary plat. The preliminary plat was reviewed and recommended for approval by the Dakota County Plat Commission at their April 23, 2025 meeting. The Developer is proposing two full access intersections along 200th Street with the development improvements. The Developer shall be responsible for construction of right Page 243 of 301 AAMMEELLIIAA MMEEAADDOOWWSS FFIINNAALL PPLLAATT AAPPRRIILL 2299,, 22002255 PPAAGGEE 33 OOFF 1100 turn and acceleration lanes as required by Dakota County at the proposed access locations. Building permits will not be permitted until the improvements are completed. Gallifrey Way Development of Amelia Meadows includes the construction and extension of Gallifrey Way, a minor collector roadway, as identified in the City’s Transportation Plan. Gallifrey Way is designed as a 38-foot wide urban roadway with five-foot sidewalks along both sides of the street within 80-feet of right-of-way. Gallifrey Way will provide a connection and access to 200th Street and provide access to the future development of Outlot A. Gadfly Way Development of Amelia Meadows includes the construction of Gadfly Way, a local roadway. Gadfly Way is designed as a 32-foot wide urban roadway with a five-foot sidewalk along one side of the street within 60-feet of right-of-way. Gadfly Way will provide a connection and access to 200th Street and terminate in a permanent cul-de-sac south of the proposed drainageway. Gadston Lane Development of Amelia Meadows includes the construction of Gadston Lane, a local roadway. Gadston Lane is designed as a 32-foot wide urban roadway with a five-foot sidewalk along one side of the street within 60-feet of right-of-way. Gadston Lane will terminate in a permanent cul-de-sac on the west end. The Developer shall construct a temporary cul-de-sac at the east end of Gadston Lane within a temporary public roadway, drainage and utility easement and provide a $2,500 security for the future removal and restoration. CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS Construction traffic access and egress for grading, utility and street construction will be from 200th Street. PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDD EEWWAALLKKSS The City’s Parks, Trails and Open Space Plan does not designate a park within Amelia Meadows. The Park Dedication requirement has not been collected on the parent parcels and shall be satisfied through a cash contribution with the final plat. Development of Amelia Meadows includes the construction of public trails and sidewalks. Five-foot wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets except for the Gadston Lane cul-de-sac. Five-foot-concrete sidewalks, with pedestrian curb ramps, will be installed along both sides of Gallifrey Way. Bituminous trails will be constructed along the north side of 200th Street (10-feet wide) from the eastern plat boundary to the western plat boundary, the east side of Cedar Avenue (10-feet wide) from the southern plat boundary to the northern plat boundary, and along the proposed drainageway (8-feet-wide from 200th Street to Gadfly Way. The Developer shall complete an ADA-compliant pedestrian crossing of 200th Street at the intersection of 200th Street and Cedar Avenue. The Developer will be responsible for 100% of the grading and restoration for Page 244 of 301 AAMMEELLIIAA MMEEAADDOOWWSS FFIINNAALL PPLLAATT AAPPRRIILL 2299,, 22002255 PPAAGGEE 44 OOFF 1100 the bituminous trails. The Developer shall receive a credit to the final plat cash fees for the City’s 3/8th share (excluding grading and restoration) of the trail construction costs for the trails along 200th Street and Cedar Avenue. The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through a cash contribution to be paid with the final plat, calculated as follows: 49 units x $5,832.00 = $285,768.00 Total Units (Low-Density) Amelia Meadows Addition 2025 Unit Rate (Low-Density) Park Dedication Fee Amelia Meadows Addition The Developer shall satisfy the park dedication requirement for Outlots A and B with subsequent phases of the Cedar Hills North (now known as Amelia Meadows) 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 Amelia Meadows is located within subdistrict FO-60100 of the Farmington Outlet sanitary sewer district as identified in the City’s Sanitary Sewer Comprehensive Plan. Development of Amelia Meadows includes the extension of public sanitary sewer. 8-inch sanitary sewer will be constructed within the subdivision. The wastewater from the development will be conveyed via existing trunk sanitary sewer to the MCES Farmington Interceptor and continue to the Empire Wastewater Treatment Facility. Cedar Hills North will extend the trunk sanitary sewer line through the development to the northern plat boundary. A Direct Connection Permit is required from the Metropolitan Council for the connection to the interceptor. The development shall coordinate placement of a sanitary sewer meter within the development in accordance with requirements set forth by the Metropolitan Council. The city will credit the Developer for the oversizing of the trunk sanitary sewer constructed with the development improvements. The credit will be based on the cost difference between 8-inch sewer and the sewer that will be installed. The credit will be applied to the Developer’s final plat cash fees and will be based on an estimate provided by the Developer’s engineer. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and is required with the final plat, calculated as follows: 49 units x $327.00 = $16,023.00 Total Units Amelia Meadows Addition 2025 Unit Rate Sanitary Sewer Availability Charge Amelia Meadows Addition The Sanitary Sewer Availability Charge for Outlots A and B will be collected with subsequent phases of the Brookshire 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 245 of 301 AAMMEELLIIAA MMEEAADDOOWWSS FFIINNAALL PPLLAATT AAPPRRIILL 2299,, 22002255 PPAAGGEE 55 OOFF 1100 WWAATTEERRMMAAIINN Development of Amelia Meadows includes the extension of public watermain. 8-inch watermain will be extended within the development to provide water service to the subdivision. 8-inch watermain will be extended to the northern plat boundary at Gallifrey Way and Road 11 to service future development. Consistent with the City’s Comprehensive Water System Plan, trunk watermain extensions are required to be completed with the preliminary plat. The Developer shall extend 16-inch trunk watermain along the east side of Cedar Avenue from 200th Street to the north plat boundary. The Developer shall extend 12-inch trunk watermain along Gadfly Way and Road 6 to the north plat boundary. The City will credit the Developer for the oversizing of the trunk watermains in the development. The credit will be based on the cost difference between 8-inch watermain and the oversized watermain that will be installed. The credit will be applied to the Developer’s final plat cash fees and will be based on an estimate provided by the Developer’s engineer. UUNNDDEERRGGRROOUUNNDDIINNGG Overhead electric service lines and poles are located along the east side of Cedar Avenue within the western final plat area. The Developer is required to remove the poles and place the service utilities underground with the final plat, consistent with the City’s Public Ways and Property Ordinance. The developer shall provide a $5,000 security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations. DDRRAAIINNAAGGEE AANNDD GGRR AADDIINNGG Amelia Meadows is located within subdistrict FO-018 of the Farmington stormwater district as identified in the City’s Water and Natural Resources Management Plan. Development of Amelia Meadows includes the construction of seven (7) publicly owned and maintained stormwater management basins and stabilization and alteration of one (1) publicly owned and maintained channel to collect and treat the stormwater runoff generated from the site. The basins will outlet to the channel within the final plat area. The channel flows west to east into the City of Farmington. The stormwater management basins and channel will be located within Outlots C, D and E which will be deeded to the City with the final plat. The stormwater basin design is consistent with City requirements. The final grading plan shall identify all fill lots in which the building footings will be placed on fill material. The grading specifications shall also indicate that all embankments meet FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings placed on fill material are appropriately constructed. Building permits will not be issued until a soils report and an as-built certified grading plan have been submitted and approved by City staff. Page 246 of 301 AAMMEELLIIAA MMEEAADDOOWWSS FFIINNAALL PPLLAATT AAPPRRIILL 2299,, 22002255 PPAAGGEE 66 OOFF 1100 Amelia Meadows 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. SSTTOORRMM SSEEWWEERR Development of Amelia Meadows includes the construction of public storm sewer systems. Storm sewer will be installed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to the public stormwater management basins and channel located within Outlots C, D and E. The channel conveys the stormwater off site to the eastern plat boundary into City of Farmington. Draintile construction is required in areas of non-granular soils within Amelia Meadows for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile required for building footings, which is deemed necessary during construction shall be the developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and is required with the final plat, calculated as follows: Storm Sewer Charge Summary Gross Area of Amelia Meadows 3,315,538.00 s.f. Less Area of Outlot A (Future Development) (-) 2,327,148.00 s.f. Less Area of Outlot B (Future Development) Less Area of Cedar Avenue and 200th Street Right-of-Way (-) 27,782.00 s.f. (-) 190,793.00 s.f. Total Storm Sewer Charge Area (Single-Family) = 769,815.00 s.f. 769,815.00 s.f. x $0.178/s.f. = $137,027.07 Net Area Amelia Meadows Addition 2025 Unit Rate (Single-Family) Storm Sewer Charge Amelia Meadows Addition The Storm Sewer Charge for Outlots A and B will be collected with subsequent phases of the Cedar Hills North (now known as Amelia Meadows) 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. RREESSIIDDEENNTTIIAALL BBUUFFFFEERR YYAARRDD RREEQQUUIIRREEMMEENNTT SS Cedar Avenue is a minor arterial and 200th Street is a major collector roadway as identified in the City’s Transportation Plan. A buffer yard containing earth berms and/or plantings of a sufficient density to provide a visual screen and a reasonable buffer a minimum of ten feet in height shall be provided adjacent to Cedar Avenue and 200th Street consistent with the Zoning Ordinance. A certified as-built grading plan of the buffer yard berm must be submitted and approved by City staff prior to the installation of any buffer yard plantings. Page 247 of 301 AAMMEELLIIAA MMEEAADDOOWWSS FFIINNAALL PPLLAATT AAPPRRIILL 2299,, 22002255 PPAAGGEE 77 OOFF 1100 FEMA FLOODPLAIN ANALYSIS Amelia Meadows is shown on the Flood Insurance Rate Map (Map No. 27037C0212E; Eff. Date 12/2/2011) as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, there are no areas in the plat located within a Special Flood Hazard Area (SFHA), as determined by FEMA. WWEETTLLAANNDDSS The wetland delineation for the site was approved on February 27, 2024. The wetland delineation was completed by MNR. The delineation identified two small wetlands on the site adjacent to the Vermillion River Watershed Water Quality Corridor. As part to of the development the previously farmed and eroded channel will be realigned and restored. The development will be impacting 0.29 acres of wetland for a road crossing and restoring the channel. Applicant has purchased a total of 0.58 acres of banking credits to offset the impacts. The wetland replacement plan was approved on October 28, 2024. Based on the information provided in the report the impacts indicated for the areas outlined in the report have been determined to be acceptable for use in implementing the Wetland Conservation Act. All wetlands, channel and buffers will be placed in a city owned outlot that will be dedicated at final plat. The developer is responsible for the establishment of the channel with native vegetation and will be required to manage the site for a minimum of 5 years or until it is fully established. Natural Area signs will be installed along the channel and buffer areas. Final locations (21) will be approved by the city prior to installation. TTRREEEE PPRREESSEERRVVAATTIIOONN The tree preservation plan identifies 196 trees on site and the trees have subsequently been removed upon issuance of a grading permit prior to recording of the final plat. EERROOSSIIOONN CCOO NNTTRROOLL The Developer is responsible for meeting all the requirements of the MPCA Construction Permit. Redundant silt fence is required along all wetlands and waterways that do not have a 50-foot established buffer. The Developer is responsible for the establishment of native vegetation around all stormwater treatment basins, channel restoration and buffer areas. A management plan including a schedule for maintenance must be submitted to the city for approval. Additional erosion control measures may be required during construction as deemed necessary by City staff or the Vermillion River Watershed JPO. Any additional measures required shall be installed and maintained by the developer. Page 248 of 301 AAMMEELLIIAA MMEEAADDOOWWSS FFIINNAALL PPLLAATT AAPPRRIILL 2299,, 22002255 PPAAGGEE 88 OOFF 1100 The MS4 Administration Fee has not been collected on the parent parcels and is required with the final plat, calculated as follows: $1,999,483.00 x 2% Grading Costs = $39,989.66 Grading Cost Amelia Meadows Addition 2025 Rate MS4 Administration Fee Amelia Meadows Addition SECURITIES The Developer shall provide a Letter of Credit as security for the Developer-installed improvements relating to Amelia Meadows. Construction costs are based upon a cost estimate submitted by the Developer’s engineer on April 29, 2025 (amended May 22, 2025). CONSTRUCTION COSTS Sanitary Sewer $ 426,764.44 Watermain 454,712.50 Storm Sewer 752,313.00 Streets 1,212,889.50 Grading, Drainage, Erosion Control and Restoration Vegetation Establishment 200th Street Turn Lanes 725,812.50 150,000.00 213,948.00 SUBTOTAL - CONSTRUCTION COSTS $ 3,936,439.94 OTHER COSTS Developer’s Design (3.0%) $ 118,093.20 Developer’s Construction Survey (2.5%) 98,411.00 City’s Legal Expense (0.5%) 19,682.20 City Construction Observation (5.0%) 196,822.00 Developer’s Record Drawing (0.5%) Natural Area Signs 19,682.20 3,150.00 Gadston Lane Temporary Cul-De-Sac Removal 2,500.00 Landscaping 115,460.00 Streetlights 13,600.00 Lot Corners/Iron Monuments 5,400.00 SUBTOTAL - OTHER COSTS $ 592,800.60 TOTAL PROJECT SECURITY $ 4,529,240.54 The street light security totals $13,600 which consists of two (2) mast-arm streetlights at $1,400 each and nine (9) post-top streetlights at $1,200 each. 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 $5,400.00. 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. Page 249 of 301 AAMMEELLIIAA MMEEAADDOOWWSS FFIINNAALL PPLLAATT AAPPRRIILL 2299,, 22002255 PPAAGGEE 99 OOFF 1100 CASH FEES A cash fee of $5,525.00 for traffic control signs shall be paid with the final plat. If street signs are installed during frost conditions, the Developer shall pay an additional $150.00 for each traffic control sign location. If multiple mobilizations are needed, the Developer shall pay an addition $300.00 for each mobilization. A cash fee for one-year of streetlight operating expenses shall be paid with the final plat and is calculated as follows: 49 units x $40.48/unit = $1,983.52 Total Units Amelia Meadows Addition 2025 Rate Streetlight Operating Fee Amelia Meadows Addition A cash fee for one-year of environmental resources management expenses shall be paid with the final plat and is calculated as follows: 49 units x $61.52/unit = $3,014.48 Total Units (Single Family) Amelia Meadows Addition 2025 Rate Environmental Resources Fee Amelia Meadows 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: 54 lots/outlots x $90.00/unit = $4,860.00 Lots/Outlots Amelia Meadows Addition 2025 Rate Property Data & Asset/Infrastructure Mgmt. Fee Amelia Meadows 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/.dxf or .shx 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 $118,093.20. CASH REQUIREMENTS Park Dedication $ 285,768.00 Sanitary Sewer Availability Charge 16,023.00 Storm Sewer Charge 117,977.31 MS4 Administration Fee 39,989.66 Traffic Control Signs 5,525.00 Streetlight Operating Fee 1,983.52 Environmental Resources Management Fee 3,014.48 Property Data and Asset/Infrastructure Management Fee 4,860.00 City Engineering Administration (3.00%) SUBTOTAL – CASH REQUIREMENTS 118,093.20 $ 593,234.17 Page 250 of 301 AAMMEELLIIAA MMEEAADDOOWWSS FFIINNAALL PPLLAATT AAPPRRIILL 2299,, 22002255 PPAAGGEE 1100 OOFF 1100 Trunk Watermain Oversizing Credit Trunk Sanitary Sewer Oversizing Credit City 3/8 Trail Cost – 200th Street and Cedar Avenue SUBTOTAL – CREDITS TO CASH REQUIREMENTS $ 37,900.00 78,370.00 49,275.00 $ 165,545.00 TOTAL CASH REQUIREMENTS $ 427,689.17 RREECCOOMMMMEENNDDAATTIIOONN Engineering recommends approval of the final plat, grading and erosion control plan, utility plan, and landscape plan for Amelia Meadows, subject to the requirements and stipulations within this report. Page 251 of 301 Date: 6/2/2025 Accept Bid and Award Construction Contract for Spyglass Park Phase II Improvements Proposed Action Staff recommends adoption of the following motion: Move to accept bid and award construction contract for Spyglass Park Phase II Improvements. Overview The expansion of Spyglass Park was identified in the 2024 CIP, the current park consists of a playground, shelter and green space on 4.2 acres. The second phase construction of the park is planned to occur with the development of the area north of the park. At the December 2, 2024 meeting the Mayor and City Council approved a professional services agreement with SRF Consulting for the phase II improvements at the park. The agreement includes developing a master plan concept, completing a topographic survey of the park site, preparing cost and final estimate of the chosen master plan concept, providing design development plan and other services. The attached master plan that was shared with neighbors of the park includes the addition of bocce ball courts, half basketball court with pickleball striping, multi-purpose green space and trail segments. On May 13, a public bid opening for the Spyglass Park Phase II Improvements project was held. Five bids were received with a low bid of $966,979.30 and a high bid of $1,209.259.20 with Friedges Landscaping submitting the low bid: Contractor Base Bid Friedges Landscaping $966,979.30 Blackstone Contractors, LLC. $ 1,028,548.69 Peterson Companies $ 1,041,451.96 New Look Contracting, Inc. $ 1,201,286.50 Shoreline Landscaping $ 1,209,259.20 As noted in the documentation from SRF Consulting, the Engineer’s Estimate was projected to be $883,649.50. Supporting Information 1. SRF Consulting Letter of Recommendation 2. Bid Tabulation 3. Construction Contract with Friedges Landscaping, Inc. 4. Site Plan Page 252 of 301 5. Site Map Financial Impact: $966,979.30 Budgeted: Yes Source: Park Dedication Fund Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Joe Masiarchin, Parks and Recreation Director Page 253 of 301 www.srfco nsulting.com 3701 Wayzata Boulevard, Suite 100 | Minneapolis, MN 55416-3791 | 763.475.0010 Equal Employment Opportunity/Affirmative Action Employer Mr. Joe Masiarchin May 22, 2025 Parks and Recreation Director City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Subject: Spyglass Park Phase II Site Improvements Dear Joe Masiarchin: Bids were received for the Spyglass Park Phase II Site Improvements on May 13, 2025. The bids were opened and read aloud, with a total of five responsive bids received. The bids were checked for mathematical accuracy and tabulated. The Engineer’s estimate for the improvements was $883,649.50. The bid tabulation indicates the low bidder as Friedges Landscaping, Inc., Lakeville, MN, in the amount of $966,979.30 We recommend that the City considers these bids and award the contract to Friedges Landscaping, Inc., based on the tabulated results of the bids received. Sincerely, Tim Wold Senior Project Manager SRF Consulting Group, Inc. TBW Enclosure: Bid Tabulation cc: Justin Friedges, Vice President, Friedges Landscaping, Inc. SRF Project No. 18046 18046_Spyglass Ph II Improvements_ Bid Rec Letter_052225.docx Page 254 of 301 BID OPENING CITY OF LAKEVILLE Spyglass Park Phase II Improvements Tuesday, May 13, 2025 – 2:00 p.m. Contractor Ad. 1 Ad. 2 Ad. 3 Bid Bond RCVF Base Bid Friedges Landscaping ___X___ ___X___ ___X___ ___X___ ___X___ $966,979.30 Blackstone Contractors, LLC ___X___ ___X___ ___X___ ___X___ ___X___ $1,028,548.69 Peterson Companies ___X___ ___X___ ___X___ ___X___ ___X___ $1,041,451.96 New Look Contracting, Inc. ___X___ ___X___ ___X___ ___X___ ___X___ $1,201,286.50 Shoreline Landscaping ___X___ ___X___ ___X___ ___X___ ___X___ $1,209,259.20 _____ _______ _______ _______ _______ _______ _______________________________ _____ _______ _______ _______ _______ _______ _______________________________ _____ _______ _______ _______ _______ _______ _______________________________ Engineer’s Estimate $883,649.50 H:\Projects\18000\18046\TechData\DeliverablesDocs\18046_Bid Tab_051325.docx Page 255 of 301 SPYGLASS PARK PHASE II IMPROVEMENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR CITY IMPROVEMENT PROJECT NO. 26-20 PAGE 1 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between City of Lakeville (“Owner”) and Friedges Landscaping, Inc. (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents (as further described in Section 9.01). The Work is generally described as follows: City Project Number 26-20 – Spyglass Park Phase II Improvements. ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Grading, temporary erosion control, bituminous parking area and trails, concrete basketball court, concrete curb and gutter, concrete walk, concrete play area curbing, chain link fencing, stormwater infrastructure, site furnishings, irrigation, stormwater reuse system, landscape planting, and turf establishment. ARTICLE 3 – ENGINEER 3.01 The Project has been designed by SRF Consulting Group, Inc. 3.02 The Owner will provide personnel (“Engineer”) to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 – CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Contract Times: Dates A. The Work will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions and the requirements in Section 01 10 00 “Summary” of these Contract Documents and the associated MnDOT Standard Specifications for Construction. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the Page 256 of 301 SPYGLASS PARK PHASE II IMPROVEMENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR CITY IMPROVEMENT PROJECT NO. 26-20 PAGE 2 delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Liquidated damages will be deducted in accordance with the requirements of 1807 (Failure to Complete the Work on Time) of the MnDOT Standard Specifications for Construction. ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Unit Price Work, an amount equal to the sum of the extended prices (established for each separately identified item of Unit Price Work by multiplying the unit price times the actual quantity of that item): The extended prices for Unit Price Work set forth as of the Effective Date of the Contract are based on estimated quantities. As provided in Paragraph 13.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer. B. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no Schedule of Values, as provided elsewhere in the Contract. 1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage). And; b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). Page 257 of 301 SPYGLASS PARK PHASE II IMPROVEMENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR CITY IMPROVEMENT PROJECT NO. 26-20 PAGE 3 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. 6.04 Progress Payments to Subcontractors A. For contracts within the State of Minnesota, MN Statue 471.425 Subd. 4a. shall apply. ARTICLE 7 – INTEREST 7.01 All amounts not paid when due shall bear interest at the rate of 1.5 percent per annum. ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, 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 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor’s safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. 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 given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. Page 258 of 301 SPYGLASS PARK PHASE II IMPROVEMENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR CITY IMPROVEMENT PROJECT NO. 26-20 PAGE 4 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. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. K. 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. L. The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. ARTICLE 9 – CONTRACT DOCUMENTS 9.01 Contents A. 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 set verbatim and in full herein: 1. This Agreement 2. Standard General Conditions of the Construction Contract, EJCDC C-700, 2013 Edition, as amended by City of Lakeville Supplementary Conditions to the General Conditions. 3. Addenda 4. Division S & Special Provisions 5. Project specific plan sheets 6. Supplemental Specifications, including the most current version of the City of Lakeville Utility and Street Construction Standard Specifications. (not attached) 7. Standard Plan Sheets and Standard Plates (not attached) 8. Standard Specifications, including the Minnesota Department of Transportation Standard Specifications for Construction. (not attached) 9. Performance & Payment bonds 10. Exhibits to this Agreement (enumerated as follows): a. Contractor’s Bid b. Non-Collusion Affidavit c. Responsible Contractor Verification and Certification Form 11. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed b. Work Change Directives c. Change Orders d. Field Orders Page 259 of 301 SPYGLASS PARK PHASE II IMPROVEMENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR CITY IMPROVEMENT PROJECT NO. 26-20 PAGE 5 B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. 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 “1” has the first priority and Contract Document “10” has the last priority. D. There are no Contract Documents other than those listed above in this Article 9. E. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 – MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and 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 the Contract Documents. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. 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 provision. 10.05 Contractor’s Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 10.05: 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Page 260 of 301 SPYGLASS PARK PHASE II IMPROVEMENTS AGREEMENT BETWEEN OWNER AND CONTRACTOR CITY IMPROVEMENT PROJECT NO. 26-20 PAGE 6 Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Indemnity A. The Contractor agrees to indemnify and hold the Owner and the City of Lakeville harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the Owner and Dakota County for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 10.07 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Supplementary Conditions. B. Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and 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. 10.08 Software License. A. If the equipment provided by the Contractor pursuant to this Contract contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. 10.09 Patented devices, materials and processes. A. 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. Page 261 of 301 Page 262 of 301 999999999999999999999999999999999999999999999999999999999999999999998" 6" 3" 12" A AA26. 3 9 ' 26.61'6.06'20.1 2 '34.3'6.42'53.93'12.38' 37.26' 3.35' 107' 115'23.33'20.23'20' 11.86' 6.72' 12.32' 13'10'91'13'54.02'27.59'34.04'50.7'32.63'9.43' 43.47' REINFORCED CONCRETE BASKETBALL HALF COURT - STRIPING LAYOUT ENLARGEMENT ON SHEET L2.3 L5.1 3 8' WIDE BITUMINOUS TRAIL, TYP.L5.5 1 FENCE, TYP. EXISTING STORM POND R100'R50'R 3 5 'R96'NO PARKIN G 24.07' BASKETBALL HOOPL5.1 5 CONTROL JOINT, TYPL5.1 4 ACCESSIBLE PARKING STALL WITH REQUIRED STRIPING, SIGN, AND AISLE CONCRETE PEDESTRIAN CURB RAMP PER MNDOT STANDARD PLAN 5-297.250 CONCRETE VALLEY GUTTER L5.1 1 MEET EXISTING CONCRETE PED RAMP 205 S T R E E T W E S T PORTABLE RESTROOM ENCLOSURE L5.1 4 BITUMINOUS PARKING AREA, TYP.L5.0 1 CONSTRUCTION LIMITS, TYP. SEDIMENT CONTROL LOG, TYP. SILT FENCE, TYP. REDUNDANT SILT FENCE (TWO ROWS)8'8' R150'R10' R10'R100'R10'R100'R100'R100'R100'R2 8 5 . 8 6 'R10'R10'R10'R10'R100'3 7 . 4 6 'R34'8'8'8'8'9' TYP . MEET EXISTING MEET EXISTING MEET EXISTINGR1 0 'R4 5 '66. 87 ° 25.89° 59.25° 4 6 . 7 8 °34.64°15.45°12.2°33.64° 12.76° 70.61° 34.74°5.54°21.93°25.13 ° 12.53° 11.67° 3.57° 6.29° 14.85° 19.54° B612 CONCRETE CURB L5.1 2 L5.2 2 R2 0 0 ' I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Landscape Architect under the laws of the State of Minnesota. SHEET DATE: LICENSE #: PRINT NAME: REVISIONS DATENO.BY CHKD APPR DRAWN BY DESIGNED BY CHECKED BY COMM. NO. SIGNATURE: 18046 03/28/25 J. FILLMORE T. WOLD T. WOLD L2.2 TIMOTHY B. WOLD 42164 SPYGLASS PARK - PHASE IICITY OF LAKEVILLEGENERAL SITE IMPROVEMENTS LEGEND PROPOSED BITUMINOUS DRIVE/PARKING AREA PROPOSED BITUMINOUS TRAIL CONCRETE WALK SYNTHETIC TURF SILT FENCE CONSTRUCTION LIMITS 9 NORTH PARK AREALAYOUT ENLARGEMENT PLANPLAY AREA LAYOUT ENLARGEMENT PLAN - SEE SHEET L2.3 BOCCE BALL COURT LAYOUT ENLARGEMENT PLAN - SEE SHEET L2.4 Page 263 of 301 Page 264 of 301 Date: 6/2/2025 Reserve at Cedar Creek Preliminary Plat and Easement Vacation Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving the Reserve at Cedar Creek preliminary plat, and 2) a resolution approving an easement vacation. Overview Brandl Anderson has submitted a preliminary plat application and plans for Reserve at Cedar Creek, which consists of 48 single family home lots on 20 acres of land located north of 202nd Street (CSAH 50), west of Glenbrook Path, and south of 200th Street. The property is zoned RST-2, Single and Two-Family Residential District. The Planning Commission held a public hearing at their May 22, 2025 meeting to consider the preliminary plat and easement vacation. The easements requested to be vacated are over the East Branch of South Creek, the area of which will be deeded to the City with the final plat, and 202nd Street, which will be replaced with dedicated right-of-way. There were no public comments at the public hearing. The Planning Commission unanimously recommended approval of the preliminary plat and easement vacation. The Parks, Recreation, and Natural Resources Committee unanimously recommended approval of the preliminary plat at their May 21, 2025 meeting. Supporting Information 1. Preliminary Plat and Easement Vacation resolutions 2. May 22, 2025 Planning Commission draft meeting minutes 3. May 21, 2025 Parks, Recreation, and Natural Resources draft meeting minutes 4. Planning & Engineering reports + Exhibits A-I 5. Exhibits J-L Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Kris Jenson, Planning Manager Page 265 of 301 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 25-_____ RESOLUTION APPROVING THE PRELIMINARY PLAT OF RESERVE AT CEDAR CREEK WHEREAS, Brandl Anderson has requested approval of the preliminary plat of 48 single family lots to be known as RESERVE AT CEDAR CREEK, legally described in Exhibit A; and WHEREAS, the Planning Commission held a public hearing at their May 22, 2025 meeting, preceded by notice as required by the Subdivision Ordinance; and WHEREAS, the Planning Commission and the Parks, Recreation, and Natural Resources Committee unanimously recommended approval of the preliminary plat; and WHEREAS, the preliminary plat is acceptable to the City; NOW THEREFORE BE IT RESOLVED by the Lakeville City Council: RESERVE AT CEDAR CREEK preliminary plat is approved subject to the following conditions: 1. Implementation of the recommendations listed in the May 13, 2025 engineering report. 2. Park dedication shall be satisfied with a cash contribution paid with the final plat. 3. The Developer shall construct five-foot-wide concrete sidewalks as shown on the preliminary plat plans. 4. Outlots A and B shall be deeded to the City with the final plat. 5. Glarus Lane must have a future street extension sign and barricades placed at the west end of the street. 6. Driveway access from Lots 1-9, Block 1 to 200th Street is prohibited. 7. All new local utilities and the existing overhead service utilities located along the south side of 200th Street shall be placed underground. ADOPTED by the Lakeville City Council this 2nd day of June 2025. CITY OF LAKEVILLE Luke M. Hellier, Mayor Page 266 of 301 2 ATTEST: _______________________ Ann Orlofsky, City Clerk Drafted By: City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Page 267 of 301 3 EXHIBIT A The West 661.31 feet of the East 1983.05 feet of that part of the North 1/2 of the Northeast 1/4 lying Southerly of the North 660 feet thereof, of Section 28, Township 114, Range 20 Dakota County, Minnesota. And The West 660.00 feet of the East 1980.00 feet of the North 660.00 feet of the North 1/2 of the Northeast ¼, Section 28, Township 114, Range 20 Dakota County, Minnesota. Page 268 of 301 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION NO. 25- _______ RESOLUTION VACATING A PUBLIC STREET, DRAINAGE, AND UTILITY EASEMENT WHEREAS, the City Council has conducted a public hearing, preceded by two (2) weeks published notice, to consider the following described public street, drainage and utility easement vacation, and WHEREAS, the City Council has determined that it is in the public interest to approve the street, drainage and utility easement vacation. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council: 1. The public street, drainage, and utility easements described in Exhibit A are hereby vacated. 2. 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 2nd day of June 2025. Page 269 of 301 CITY OF LAKEVILLE ________________________ Luke M. 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 2nd day of April 2025, as shown by the minutes of said meeting in my possession. ________________________ Ann Orlofsky, City Clerk (SEAL) Page 270 of 301 EXHIBIT A Public Drainage and Utility Easement: (Over Wetland) A public drainage and utility easement over, under, and across the following described property: The west 661.31 feet of the east 1983.05 feet of that part of the N ½ of the NE ¼ lying southerly of the north 660.00 feet thereof in Section 28, Township 114, Range 20, Dakota County, Minnesota. Easement is further described as follows: Beginning at the southwest corner of the above described property; thence North 00 degrees 10 minutes 34 seconds West, assumed bearing, along the west line of said property, a distance of 446.00 feet; thence South 42 degrees 57 minutes 40 seconds East, a distance of 263.71 feet; thence South 10 degrees 59 minutes 37 seconds East, a distance of 255.05 feet to the south line of said property; thence South 89 degrees 20 minutes 01 seconds West, along said south line, a distance of 227.00 feet to the point of beginning. Public Roadway. Drainage and Utility Easement: A public roadway, drainage and utility easement over, under, and across the following described property: The west 661.31 feet of the east 1983.05 feet of that part of the N ½ of the NE¼ lying southerly of the north 660.00 feet thereof in Section 28, Township 114, Range 20, Dakota County, Minnesota. Said easement is described as follows: The south 75.00 feet of the west 206.00 feet and the south 55.00 feet lying easterly of the west 206.00 feet thereof. Page 271 of 301 Planning Commission Meeting Minutes, May 22, 2025 Page 2 homes without a basement, and City staff missed that detail during their review of the building permit. The garage as constructed is 481 square feet in area and 20 feet in width. Upon learning of the error at 4824 171st Street, Inspections staff reviewed all of the issued permits for single family homes without a basement in the Brookshire development and confirmed that all of the previous permits issued for similar homes have garages that meet the minimum area and width requirements. Approval of this variance request would remove the non-conformity status of the garage, meaning the structure is considered legal and conforming. The variance form would be recorded with Dakota County so that the legal and conforming status is known and available to any future buyers of the home. Chair Zimmer opened the hearing to the public for comment. Julie Klug, 17229 Durham Drive, asked for clarification as to whether the house is staying the same size or if there would be additional space added to the house. Motion was made by Kaluza, seconded by Einck to close the public hearing at 6:08 p.m. Voice vote was taken on the motion. Ayes – unanimous Ms. Jenson addressed the question and stated that with this variance process, the garage will be legalized as constructed. Chair Zimmer asked for comments from the Planning Commission. • Commissioner Traffas asked if there was any thought given to fixing the garage now as opposed to granting the variance. Ms. Jenson stated that because the home has been conveyed to the homeowners, the City does not have the ability to require D.R. Horton to enlarge the garage. • Commissioner Kaluza stated that he is in support of the variance so the homeowners can enjoy their home. Motion was made by Einck, seconded by Tinsley to recommend to City Council approval of the variance for an attached garage of less than 540 square feet and a width of less than 22 feet for the home at 4824 171st Street and adoption of the findings of fact dated May 22, 2025. Ayes: Traffas, Kaluza, Zimmer, Einck, Swaney, Tinsley Nays: 0 6. Reserve at Cedar Creek Chair Zimmer opened the public hearing to consider the applications of Reserve at Cedar Creek, LLC for a preliminary plat of 48 single family lots to be known as Reserve at Cedar Creek and the vacation of public roadway, drainage, and utility easements. Page 272 of 301 Planning Commission Meeting Minutes, May 22, 2025 Page 3 John Anderson representing Brandl Anderson Homes introduced the project. Mr. Anderson stated that Chris Contreras is also in the audience with Brandl Anderson Homes. Ms. Jenson presented the staff report, stating that the preliminary plat proposes 48 single family home lots on 20 acres and is located north of 200th Street (CSAH 50), west of Glenbrook Path, and south of 202nd Street. The easement vacation is for 202nd Street roadway, which will be platted as right of way and for drainage over the East Branch of South Creek. A recent LOMR approval has refined the flood area, which will be deeded to the City with the final plat. The tree preservation plan identified 857 significant trees on site and proposed to save 30 (3.5%) of the trees. The Parks, Recreation & Natural Resources Committee had a discussion about the tree removal proposed for this site at their May 21, 2025 meeting. The committee unanimously recommend approval, but added language encouraging the developer to try and preserve additional trees and/or plant additional trees on site. Chair Zimmer opened the hearing to the public for comment. There was no public comment. Motion was made by Kaluza, seconded by Swaney to close the public hearing at 6:19 p.m. Voice vote was taken on the motion. Ayes – unanimous Vice Chair Zimmer asked for comments from the Planning Commission. • Commissioner Traffas asked if the “for sale” sign near 202nd St for 10 acres, is for the Reserve at Cedar Creek property or another property. • Chair Zimmer asked about the outlot with the creek on it regarding if landscaping is being added and who will do the maintenance. Ms. Jenson stated that the sign that Commissioner Traffas saw is for the south parcel that is being developed as Reserve of Cedar Creek. Ms. Jenson stated that the trees within that area are being maintained on site and the city will be responsible for the maintenance. Motion was made by Kaluza, seconded by Swaney to recommend to City Council approval of the Reserve at Cedar Creek preliminary plat and easement vacation, subject to the seven stipulations listed below: 1. Implementation of the recommendations listed in the May 13, 2025 engineering report. 2. Park dedication shall be satisfied with a cash contribution pad with the final plat. 3. The developer shall construct five-foot-wide concrete sidewalks as shown on the preliminary plat plans. 4. Outlots A and B shall be deeded to the City with the final plat. Page 273 of 301 Planning Commission Meeting Minutes, May 22, 2025 Page 4 5. Glarus Lane must have a future street extension sign and barricades placed at the west end of the street. 6. Driveway access from Lots 1-9, Block 1 to 200th Street is prohibited. 7. All new local utilities and the existing overhead service utilities located along the south side of 200th Street shall be placed underground. Ayes: Kaluza, Zimmer, Einck, Swaney, Tinsley, Traffas Nays: 0 7. Staff Notices There being no further business, the meeting was adjourned at 6:21 p.m. Respectfully submitted, Dawn Erickson, Community Development Recorder Page 274 of 301 CITY OF LAKEVILLE PARKS, RECREATION & NATURAL RESOURCES COMMITTEE MEETING MINUTES May 21, 2025 Committee Chair Weberg called the meeting to order at 6:00 p.m. in the Lake Marion Conference Room. Members Present: Holly Weberg, Steven Henneberry, Daniel Volkosh, Shahid Nadeem, Pat Sauer, Vicki Schwartz, Renee Brekken, Saima Ali Members Absent: Mark Engler Staff Present: Parks and Recreation Director Joe Masiarchin, Environmental Resources Manager Mac Cafferty 1. Approval of April 16, 2025 minutes A motion was made by Sauer, seconded by Schwartz to approve April 16, 2025 minutes as written. Ayes: unanimous 2. Committee Member Introductions Committee members introduced themselves to new members and shared their background with the committee. 3. Citizen comments No citizens were present. 4. Reserve at Cedar Creek Preliminary Plat This preliminary plat and easement vacation includes the development of 48 single family homes on 20 acres located north of 202nd Street (CSAH 50), west of Glenbrook Path and south of 200th Street. No trails are proposed as part of the development; the developer will be responsible for the construction of five-foot-wide concrete sidewalks along one side of all the streets within the development. A tree preservation plan was submitted by the developer and identified 857 significant trees on site. All trees that have been identified to preserve must be replaced at a ratio of 2:1, most will be removed. There was 0.125 acres of wetland on site that will be impacted by the development, the developer has purchased 0.25 acres of wetland banking credit to replace the wetland impacts. Two outlots will be deeded to the City at the time of final plat for a drainageway and stormwater management totaling 4.18 acres. The construction of a park was not identified with this development as part of the 2015 Parks, Trails and Open Space Plan, the park dedication fee will be satisfied with a cash contribution. Park dedication fees are collected at the time of final plat in accordance with the park dedication fee requirements in effect at that time. Committee Discussion: • Staff explained the required tree replacement ordinance and where buffers are required. The current ordinance requires the developer to complete a tree inventory but does not dictate the replacement of trees that are removed. The inventory includes anything that is six feet or larger and no less than two and half inches in diameter, the health of the trees is also taken into consideration. The committee asked what the purpose was of the inventory if there is no requirement to preserve or replace the trees. At this time, the only Page 275 of 301 Parks, Recreation & Natural Resources committee Meeting Minutes, May 21, 2025 Page | 2 trees that are remaining are in the wetland that was identified on the site. Committee members were concerned about the number of healthy trees that are being removed. While these trees do not fall under the preservation or “save tree” requirements, they aren’t otherwise in need of removal. • Committee members discussed the option to include recommendations in their motion to the Planning Commission and City Council. Staff indicated that this is in the purview of the committee to make recommendations of this type as part of their motion. Committee Member Sauer lives near this development and shared that this area of the City does not have a lot of trees remaining and would like to recommend an exception in this for instance with the tree removal plan. • The need to review the current tree preservation ordinance and make changes was reiterated by the committee. Motion was made by Sauer, seconded by Schwartz to recommend to City Council approval of the Reserve at Cedar Creek Preliminary Plat with a recommendation to review the existing healthy trees on site and make a greater effort to preserve the screening along the north, south and west borders and make consideration for enhanced screening with new, diverse plantings along the same borders. Ayes: Unanimous Page 276 of 301 City of Lakeville Community Development Memorandum To: Planning Commission From: Kris Jenson, Planning Manager Date: May 13, 2025 Subject: Packet Material for the May 22, 2025 Planning Commission Meeting Agenda Item: Reserve at Cedar Creek preliminary plat and easement vacation. Action Deadline: June 3, 2025 BACKGROUND Reserve at Cedar Creek, LLC has applied for a preliminary plat and easement vacation to allow the development of 48 single family home lots on 20 acres to be known as Reserve at Cedar Creek. The Reserve at Cedar Creek preliminary plat is located north of 202nd Street (CSAH 50), west of Glenbrook Path, and south of 200th Street. The Reserve at Cedar Creek preliminary plat plans have been distributed to Engineering Division and Parks and Recreation Department staff, and the Parks, Recreation and Natural Resources Committee. EXHIBITS A. Aerial Map B. Zoning Map C. Easement Vacation D. Existing Conditions E. Preliminary Plat F. Overall Preliminary Grading & Erosion Control Plan G. Preliminary Sanitary Sewer and Watermain Plan H. Preliminary Storm Sewer Plan I. Overall Tree Inventory Plan J. Tree Inventory Data (2 pages) K. Overall Preliminary Landscape Plan L. Plat Commission Letter dated March 13, 2025 Page 277 of 301 2 PLANNING A NALYSIS EASEMENT VACATION The south parent parcel includes a public drainage and utility easement over the East Branch of South Creek, which crosses the southeast corner of the parcel to be developed. The Federal Emergency Management Agency (FEMA) recently approved a Letter of Map Revision (LOMR) for the creek in this area, which more accurately defines the floodplain within this parcel. Because of this revision and that the creek area will be placed in an outlot and required to be deeded to the City with the final plat, the easement over the creek area is no longer needed. The easement also includes roadway, drainage, and utility easement over 202nd Street, which will be replaced with platted right of way. PRELIMINARY PLAT Existing Conditions. The development site consists of two parcels. Each parcel has a single family home and outbuilding, all of which will be removed with development of the properties. Consistency with the Comprehensive Plan. The Reserve at Cedar Creek property is located in Planning District 5 of the 2040 Comprehensive Plan, which guides the subject property for low/medium density residential development. Adjacent Land Uses. The adjacent land uses and zoning are as follows: North – 200th Street, Large lot single family home property (RST-2) East – Cedar Creek Villas detached townhome lots (RST-2) South – 202nd Street (CSAH 50), Large lot single family home property (RST-2) West – Large lot single family homes (RST-2) Consistency with the Capital Improvement Plan (CIP). City streets, sanitary sewer and water improvements for the area of Reserve at Cedar Creek will be financed and constructed by the Developer. The development costs associated with the Reserve at Cedar 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 the Reserve at Cedar Creek preliminary plat against these criteria finds that it is not a premature subdivision. MUSA. The Reserve at Cedar Creek preliminary plat area is located within the current MUSA. Density/Average Lot Size. The Reserve at Cedar Creek preliminary plat consists of 48 single-family home lots on 20 acres. This results in a gross density of 2.40 units per acre. Page 278 of 301 3 Excluding arterial street right-of-way, stormwater management ponds, and the creek, the net density is 3.27 units per acre. Lot Requirements. The following minimum requirements for single family home lots in the RST-2 District pertain to the Reserve at Cedar Creek preliminary plat: Lot Area Lot Width Interior Lot 8,400 SF 70 feet Corner Lot 10,200 SF 85 feet The proposed lots shown on the Reserve at Cedar Creek preliminary plat have sufficient area to accommodate the single family homes. Lot Setbacks. The following minimum setbacks for single family homes in the RST-2 District pertain to the Reserve at Cedar Creek preliminary plat: Front Yard Rear Yard Side Yard Interior ROW 25 ft garage face 20 ft building 30 feet 7 feet 20 feet The proposed lots shown on the Reserve at Cedar Creek preliminary plat have sufficient area to accommodate a single family home. Garage Area. The single family homes are proposed to include slab on grade, look out, and walk out units. The minimum width of each garage must be 22 feet (interior measurement). Units that are slab on grade must have a minimum garage size of 540 square feet and units which are a look out or walk out design must have minimum garage size of 480 square feet, to comply with the requirements of Section 11-18-7.D. Outlots. There are two outlots totaling 2.18 acres in the Reserve at Cedar Creek preliminary plat. The use of the proposed outlots will be as follows: Outlot A is a 2.05 acre outlot consisting of a stormwater management basin that will be deeded to the City with the final plat. Outlot B is a 2.13 acre outlot consisting of a drainageway and stormwater management basin that will be deeded to the City with the final plat. Landscaping. While Lots 1-9, Block 1 directly abut 200th Street, buffer yard landscaping is not required as 200th Street is designated as a minor collector roadway in the City’s Comprehensive Transportation Plan. Buffer yard landscaping is required when lots abut major collector or arterial roads. Regardless, the Developer has opted to include trees at Page 279 of 301 4 the rear of the lots adjacent to 200th Street as well as Lots 12-17, Block 2, which abut a stormwater pond adjacent to 202nd Street (CSAH 50) Signs. A location for a monument sign is not shown on the preliminary plat. If planned, a monument sign must located within and outlot or on private property. Streets. The following is a summary of streets proposed with the Reserve at Cedar Creek preliminary plat. Additional detailed information is outlined in the Engineering Division memorandum dated May 13, 2025. 202nd Street (CSAH 50) – 202nd Street is south of and adjacent to the property and is classified as a minor arterial County Highway in the Comprehensive Transportation Plan. 202nd Street was reconstructed in 2019 as a two-lane divided roadway. The Developer is dedicating 75 feet of north half right of way as required by the current Dakota County Plat Needs Map. 202nd Street has bituminous trails on both sides of the street. 200th Street – 200th Street is north of and adjacent to the property and is designated as a minor collector in the City’s Transportation Plan. It is currently a rural gravel roadway. The Developer is dedicating 40 feet of south half right of way with the preliminary plat. There are no programmed improvements in the current adopted CIP (2025-2029). Driveway access from Lots 1-9, Block 1 to 200th Street is prohibited. Globe Drive – Globe Drive is an existing 32-foot-wide residential street along the east property line, just outside the plat boundary. It was constructed within a 60-foot-wide right-of-way with a five-foot-wide concrete sidewalk along the east side of the street and will provide access to 200th Street. Glarus Lane – Glarus Lane will be a 32-foot-wide residential street constructed within a 60-foot-wide right-of-way with a five-foot-wide concrete sidewalk on one side of the street that will be extended from the Cedar Creek Villas development to the east. The Developer will be required to place a future street extension sign and barricades at the west end of the street. Gothic Avenue – Gothic Avenue will be a 32-foot-wide residential street constructed within a 60-foot-wide right-of-way with a five-foot-wide concrete sidewalk on one side of the street that will be extended from the Cedar Creek Villas development to the east. All streets meet the minimum width and design requirements of the Subdivision Ordinance. Sidewalks/Trails. The Developer will construct five-foot-wide concrete sidewalks along one side of all streets in the development. No trails are proposed to be constructed with the development. Additional information regarding sidewalk and trail construction is included in the Engineering Memo. Plat Commission. The Dakota County Plat Commission reviewed the preliminary plat at their March 12, 2025 meeting and approved the preliminary plat. Page 280 of 301 5 Phasing. Reserve at Cedar Creek will be developed in one phase. Grading, Drainage, Erosion Control, and Utilities. Proposed grading, drainage, erosion control, and utilities for the Reserve at Cedar Creek preliminary plat is shown on the grading, drainage and erosion control and utility plans. All existing and new local utilities shall be placed underground. Grading, drainage, erosion control, and utilities details are outlined in the May 13, 2025 engineering report prepared by Alanna Sobottka, Civil Engineer and Mac Cafferty, Environmental Resources Manager. The Engineering Division recommends approval of the preliminary plat and easement vacations. Tree Preservation. A tree preservation plan was submitted by the Developer that identifies 857 significant trees on site. The tree preservation plan proposes to save 30 (3.5%) of the significant trees on site. A significant number of trees on site were planted by current or previous property owners. All ‘save’ trees must be replaced at a ratio of 2:1. Wetlands. A wetland delineation was completed and approved for the site in 2024. There is a 0.125 acre wetland that will be impacted and the Developer has purchased 0.25 acres of wetland banking credit to replace the wetland impacts. Mac Cafferty has reviewed the wetland report and additional information about the wetlands are included in the May 13, 2025 engineering report. Park Dedication. The 2015 Parks, Trails, and Open Space Plan does not identify a park location in this area. The park dedication requirement will be satisfied through park dedication fees to be paid with the final plat. The Parks, Recreation and Natural Resources Committee will review the preliminary plat at their May 21, 2025 meeting. Their comments will be forwarded to the Planning Commission at the public hearing. Overhead Utilities. Overhead electric line and poles are located along the south side of 200th Street. The Developer will be required to place these utilities underground along the plat boundary as a part of the improvements on the site. RECOMMENDATION Community Development Department staff recommends approval of the Reserve at Cedar Creek preliminary plat and easement vacation, subject to the following stipulations: 1. Implementation of the recommendations listed in the May 13, 2025 engineering report. 2. Park dedication shall be satisfied with a cash contribution paid with the final plat. 3. The Developer shall construct five-foot-wide concrete sidewalks as shown on the preliminary plat plans. 4. Outlots A and B shall be deeded to the City with the final plat. Page 281 of 301 6 5. Glarus Lane must have a future street extension sign and barricades placed at the west end of the street. 6. Driveway access from Lots 1-9, Block 1 to 200th Street is prohibited. 7. All new local utilities and the existing overhead service utilities located along the south side of 200th Street shall be placed underground. Page 282 of 301 City of Lakeville Public Works – Engineering Division Memorandum To: Kris Jenson, Planning Manager From: Alanna Sobottka, Civil Engineer McKenzie L. Cafferty, Environmental Resources Manager Joe Masiarchin, Parks and Recreation Director Copy: Julie Stahl, Finance Director Tina Goodroad, Community Development Director Dave Mathews, Building Official Date: May 13, 2025 Subject: Reserve at Cedar Creek • Preliminary Plat • Preliminary Utility Plan • Preliminary Grading and Erosion Control Plan • Preliminary Tree Preservation and Landscaping Plan BACKGROUND Reserve at Cedar Creek, LLC submitted a preliminary plat named Reserve at Cedar Creek. The proposed subdivision is located south of and adjacent to 200th Street, west of Cedar Avenue (CSAH 23) and north of and adjacent to 202nd Street (CSAH 50). The parent parcels consist of two metes and bounds parcels (PID Nos. 22-02800-01-022 and 22-02800-01-028) and are zoned RST-2, Single and Two Family Residential District. The preliminary plat consists of 48 residential lots within three blocks, and two outlots on 20.00 acres. The outlots created with the preliminary plat have the following uses: Outlot A: Stormwater Management; deeded to City (2.05 acres) Outlot B: Stormwater Management, Wetland, and Buffer; deeded to City (2.13 acres) The development will be completed by: Developer: Reserve at Cedar Creek, LLC Engineer/Surveyor: Westwood Professional Services Page 283 of 301 RESERVE AT CEDAR CREEK – PRELIMINARY PLAT MAY 13, 2025 PAGE 2 OF 6 SITE CONDITIONS The Reserve at Cedar Creek site consists of two existing homesteads. All existing structures, accessory buildings, driveways and aprons, fences and septic systems shall be removed, and all wells shall be abandoned with the final plat. The Developer shall provide a security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations, including demolition permit from the Building Inspections Division. STREET AND SUBDIVISION LAYOUT 200th Street Reserve at Cedar Creek is located south of and adjacent to 200th Street, a City roadway classified as a minor collector. The Developer is dedicating the south ½ right-of-way of 40 feet, as shown on the preliminary plat. Dedication of the north ½ right-of-way will be collected when the adjoining property to the north is subdivided. 200th Street is a two-lane undivided rural gravel roadway. 200th Street will be constructed in the future consistent with City urban collector roadway design standards. There are no programmed improvements in Lakeville’s current adopted 5-year Capital Improvement Plan (2025-2029). 202nd Street (CSAH 50) Reserve at Cedar Creek is located north of and adjacent to 202nd Street, a minor arterial County highway, as identified in the City’s Transportation Plan. The current Dakota County Plat Review Needs Map indicates a 75-foot-wide half right-of-way requirement, which is shown to be dedicated on the preliminary plat. Local Roads Development of Reserve at Cedar Creek includes the extension of Glarus Lane and Gothic Avenue, City roadways classified as local roads. The roadways are designed as 32-foot-wide urban roads with a sidewalk along one side, within a 60-foot-wide right-of-way. The Developer is dedicating the necessary right-of-way as shown on the preliminary plat. CONSTRUCTION ACCESS Construction traffic access and egress for grading, utility and street construction is restricted to the 200th Street and Globe Drive intersection, via Cedar Avenue (CSAH 23). Construction access and egress is not permitted on Hamburg Avenue. Page 284 of 301 RESERVE AT CEDAR CREEK – PRELIMINARY PLAT MAY 13, 2025 PAGE 3 OF 6 PARKS, TRAILS, AND SIDEWALKS Development of Reserve at Cedar Creek includes the construction of public sidewalks. Five- foot-wide concrete sidewalks, with pedestrian curb ramps, will be installed along one side of all local streets. The Park Dedication requirement has not been collected on the parent parcels and will be satisfied through a cash contribution with the final plat, calculated based on the rate in effect at that time. UTILITIES SANITARY SEWER Reserve at Cedar Creek is located within subdistrict SC-10070 of the South Creek sanitary sewer district. Wastewater will be conveyed through City sanitary sewer to the MCES interceptor sewer monitored by meter M646. Wastewater treatment is provided by the Empire Wastewater Treatment Facility. Development of Reserve at Cedar Creek includes construction of public sanitary sewer. 8-inch sanitary sewer will extend within the subdivision from existing stubs located within Glarus Lane (west of the Globe Drive intersection) and Gothic Avenue (west of the Globe Drive intersection). The Developer shall extend public sanitary sewer to the west plat boundary (west of the Glarus Lane and Gothic Avenue intersection) to provide for future development. The Developer is responsible for obtaining all necessary temporary easements, as applicable, so that future sanitary sewer connections do not impact any existing public streets. The Sanitary Sewer Availability Charge has not been collected on the parent parcels and will be satisfied through a cash contribution with the final plat, calculated based on the rate in effect at that time. WATERMAIN Development of Reserve at Cedar Creek includes construction of public watermain. 8-inch watermain will extend within the subdivision from existing stubs located within Glarus Lane (west of the Globe Drive intersection) and Gothic Avenue (west of the Globe Drive intersection). The Developer shall extend public watermain to the west plat boundary (west of the Glarus Lane and Gothic Avenue intersection) to provide for future development. The Developer is responsible for obtaining any necessary temporary easements, as applicable, so that future watermain connections do not impact any existing public streets. UNDERGROUNDING Existing aboveground equipment (utility lines and poles) is located along the south side of 200th Street, adjacent to the parent parcels. The equipment must be relocated and maintained Page 285 of 301 RESERVE AT CEDAR CREEK – PRELIMINARY PLAT MAY 13, 2025 PAGE 4 OF 6 underground with development of Reserve at Cedar Creek, consistent with the City’s Public Ways and Property Ordinance. The Developer shall provide a security with the final plat to ensure the work is completed and certified in accordance with all applicable codes and regulations. DRAINAGE AND GRADING Reserve at Cedar Creek is located within subdistrict SC-095 of the South Creek stormwater district. The Reserve at Cedar Creek preliminary plat includes construction of two stormwater management basins to provide water quality treatment and rate control of the stormwater runoff generated from Reserve at Cedar Creek. These basins are placed within Outlots A and B that will be deeded to the City with the final plat. The final grading plan shall identify all fill lots in which 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 are submitted and approved by City staff. Reserve at Cedar 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. STORM SEWER Reserve at Cedar Creek includes construction of public storm sewer systems. Storm sewer will be constructed within the subdivision to collect and convey stormwater runoff generated from within the public right-of-way and lots to a public stormwater management basin located within Outlots A and B, Reserve at Cedar Creek. Draintile construction is required in areas of non-granular soils within Reserve at Cedar Creek for the street subgrade and lots. Any additional draintile construction, including perimeter draintile required for building footings, deemed necessary during construction by the City shall be the Developer’s responsibility to install and finance. The Storm Sewer Charge has not been collected on the parent parcels and will be collected with the final plat, calculated based on the rate in effect at that time. Page 286 of 301 RESERVE AT CEDAR CREEK – PRELIMINARY PLAT MAY 13, 2025 PAGE 5 OF 6 Final locations and sizes of all storm sewer facilities will be reviewed by City staff with the final construction plans. FEMA FLOODPLAIN ANALYSIS Reserve at Cedar Creek is shown on the Flood Insurance Rate Map (Map No. 27037C0211E; Eff. Date 12/2/2011; Revised to reflect LOMR Eff. Date 5/5/2025) primarily as Zone X by the Federal Emergency Management Agency (FEMA). Based on this designation, the lots within Reserve at Cedar Creek are not located within a Special Flood Hazard Area (SFHA), as determined by FEMA. South Creek crosses through the southwest corner of Reserve at Cedar Creek and is designated as Zone AE, and therefore within a Special Flood Hazard Area (SFHA). The area mapped as Zone AE will be placed in an outlot and deeded to the City at the time of final plat approval. WETLANDS The wetland delineation for the site was completed and approved on 8/16/2024. The wetland delineation for the area outlined in the reports has been determined to be acceptable for use in implementing the Wetland Conservation Act. The plans propose to impact one lower quality wetland that is located within farm pasture. The total proposed wetland impact is 0.125 acres. A wetland replacement plan was approved 3/11/2025. The developer has purchased 0.25 acres of wetland banking credit to replace the wetland impacts. The remaining creek, wetland and buffers on the site will be placed in City-owned outlots. Natural Area signs will be installed along the wetland buffers (4 locations). Final locations must be reviewed by City staff prior to installation. The Developer is responsible for the establishment and of the wetland buffers with native vegetation. TREE PRESERVATION The tree preservation/inventory plan submitted with the Reserve at Cedar Creek preliminary plat identifies approximately 857 existing significant trees located within the preliminary plat boundaries. Most of the trees will be removed for the grading of site. All “save” trees that are damaged or removed will require replacement at a ratio of 2:1 as per the Lakeville Subdivision Ordinance. Page 287 of 301 RESERVE AT CEDAR CREEK – PRELIMINARY PLAT MAY 13, 2025 PAGE 6 OF 6 EROSION CONTROL The Developer is responsible for obtaining a MPCA Construction Permit and updating the SWPPP, including changes during construction, for the duration of the project. The permit requires that all erosion and sediment BMPs be clearly outlined in the project SWPPP. The Developer is responsible for the establishment of native vegetation around all stormwater management basins and along the creeks and wetlands within the buffer areas. Redundant silt fence is required along all wetlands and 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, and must be installed and maintained by the Developer. The MS4 Administration Fee has not been collected on the parent parcels and shall be paid with the final plat, calculated based on the rate in effect at that time. RECOMMENDATION Engineering recommends approval of the preliminary plat, grading and erosion control plan, tree preservation, landscape, and utility plan for Reserve at Cedar Creek, subject to the requirements and stipulations within this report. Page 288 of 301 Dakota County, Maxar City of Lakeville Reserve at Cedar Creek Site Location Map EXHIBIT A 202ND ST (CSAH 50)GLOBE DRSite Location HAMBURG AVE± 200TH ST GLENBROOK PATHPage 289 of 301 City of Lakeville Reserve at Cedar Creek Zoning MapGLOBE DRSite Location HAMBURG AVE±GLENBRO OK PATHEXHIBIT B RST-2 RST-2 RS-3 RS-4 P/OS RM-3 RST-2 RST-2 200TH ST 202ND ST (CSAH 50) Page 290 of 301 75.0072.0074.0074.0070.7972.06 71.00 71.00 71.00 85.5078.5078.4771.00 76.81 76.81 678910111213141516222120191817161514OUTLOT B200TH STREET WESTSTREET 1STREET 2 123481234587654OUTLOT A1235686.00 73.5073.5073.5073.50 73.5073.5070.2532171.00 71.00 71.00 71.00 85.00 770.8070.7970.7970.79172202ND STREET WEST (C.S.A.H. NO. 50)71.9471.0071.0071.0073.5073.5071.0071.0085.50976.31 9,187 sf9,187 sf9,673 sf9,484 sf9,922 sf9,922 sf11,343 sf9,495 sf9,565 sf13,326 sf11,341 sf9,378 sf9,426 sf11,005 sf11,005 sf26,401 sf11,005 sf11,005 sf11,392 sf11,392 sf11,005 sf11,168 sf9,809 sf11,406 sf8,939 sf10,642 sf9,075 sf9,030 sf8,984 sf11,741 sf12,181 sf89,288 sf10,598 sf10,597 sf16,973 sf9,360 sf9,620 sf9,620 sf10,423 sf13,066 sf108,209 sf9,662 sf10,076 sf10,604 sf12,776 sf9,383 sf10,532 sf11,156 sf92,560 sf49,600 sf10,067 sf9,228 sf25 73 73 74 73 86 12573 73125 12513249 862574130 12670737413245 90707373135 135 401556091757575751412775757530126128877171737471717171857171747371717173155125125155 155155 4015560857171717136 660155 155 155 155 3 56363 636344124 789910924124 156 33 71 71 71 71 71 71 85126126 12512812812762 77 15077 7715616115221 797822 72 77 104797911135 4986 135 747274749392130 3172747422130 130 130 138 627171876012710575 441451471371503571902835975132132138 661661239,378 sfGLOBE DRIVEGLOBE DRIVE GLARUS LANEGOTHIC AVENUE13121110999.97 73.0072.3572.3572.353001015.40CSGPS MEDIAN3021057.74CSGPS UELPO ROWWCSCSSTSFOFOMAILCOCOCOCOCOCO766076617662GEXXXXX XXXXXXXXXX X XXX XXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXGASGAS ESANSANSANSANSAN SAN SANWATWATWAT WATWATWATWATSTOSTOSTOSTO STO STOSTOSTOWATWATWATWATWATWATWATWATWATPOHPOHPOHPOHPOHPOHPOHPOHPOHPOH WEEEWGACWWWWWWGASXXXXXXXX X X X X XXXXXXXPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHN:\0052375.00\DWG\EXHIBITS\25-02-07 EASEMENT VACATION EXHIBIT.DWG 11PROJECT NUMBER: 0052375.00LAKEVILLE, MN2/7/25TDDTDDTDD© 2024 Westwood Professional Services, Inc.RESERVE AT CEDAR CREEKEASEMENT VACATIONEXHIBIT221 S RIVER RIDGE CIR STE 100BURNSVILLE, MN 55337RESERVE AT CEDAR CREEK01/07/25MATHEW J. WELINSKI5359601/07/25RESERVE AT CEDAR CREEK, LLC.SHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THESTATE OF MINNESOTACommon Ground AllianceCall 48 Hours before digging:811 or call811.com80'16' OR 8'0'80'160'240'1" = 80'..........VACATED EASEMENTSEE DOC 1949939A PUBLIC DRAINAGE AND UTILITY EASEMENT OVER, UNDER , AND ACROSS THE FOLLOWINGDESCRIBED PROPERTY:THE WEST 661.31 FEET OF THE EAST 1983.05 FEET OF THAT PART OF THE N 12 OF THE NE 14 LYINGSOUTHERLY OF THE NORTH 660.00 FEET THEREOF IN SECTION 28, RANGE 20, DAKOTA COUNTY,MINNESOTA.EASEMENT IS FURTHER DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED PROPERTY; THENCE NORTH 00DEGREES 10 MINUTES 34 SECONDS WEST, ASSUMED BEARING, ALONG THE WEST LINE OF SAIDPROPERTY, A DISTANCE OF 446.00 FEET; THENCE SOUTH 42 DEGREES 57 MINUTES 40 SECONDS EAST,A DISTANCE OF 263.71 FEET; THENCE SOUTH 10 DEGREES 59 MINUTES 37 SECONDS EAST, ADISTANCE OF 255.05 FEET TO THE SOUTH LINE OF SAID PROPERTY; THENCE SOUTH 89 DEGREES 20MINUTES 01 SECONDS WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 227.00 FEET TO THE POINTOF BEGINNING.DESCRIPTIONEXHIBIT CPage 291 of 301 1 0 1 0 1012 1030104010501060106010221022102210241024102410261028103210341036103810421044104610481052105410561058 105810621062106210621062106210641064WCSCSSTSFOFOMAILCOCOCOCOCOCOGEXXXXXXXXXXXXXXXX XXX XXXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXGASGASE SANSANSANSAN SAN SANWATWATWATWAT WATWATSTOSTOSTO STO STOSTOSTOWATWATWATWATWATWATWATWATWATPOHPOHPOHPOHPOHPOHPOHPOHPOHPOH WEEEWGACWWWWWWGASXXXXXXXX X XX X XXXXXXXPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHSOUTH LINE OF THE NORTH 660 FT OFTHE N 1/2 OF THE NE 1/4 OF SEC. 28WEST LINE OF THE EAST 1983.05 FT OFTHE N 1/2 OF THE NE 1/4 OF SEC. 28WEST LINE OF THEWEST 661.31 FT OFTHE EAST 1983.05 FTOF THE N 1/2 OF THENE 1/4 OF SEC. 28SOUTH LINE OF THE N 1/2OF THE NE 1/4 OF SEC. 28661.31661.31C.S.A.H. NO. 50(202ND STREET WEST)GOTHIC AVENUEGLOBE DRIVEPID: 22-02800-01-028LISA HANSON DROGEMULLER7825 202ND STREET WLAKEVILLE, MN 55044PID: 22-02800-01-036RICHARD & JUDITH TONAK PID: 22-02800-01-037FERNANDO MELLADO-BARBOZAPID: 22-16615-00-020CITY OF LAKEVILLE PID: 22-16615-01-040SUMMERGATE DEV. LLC PID: 22-16615-04-050SUMMERGATE DEV. LLCPID: 22-02800-01-018RICHARD & LAVERNE FENNERPID: 22-02800-01-024TIMOTHY & BARBARA ROSSVARIES60 75R/W75R/W75R/W75R/W FD. 1/2 IN IRON PIPEW/BROKEN CAPFD. 1/2 IN IRON PIPEW/CAP #7734 FD. 1/2 IN IRON PIPEW/CAP #7734FD. 1/2 IN IRON PIPEW/BROKEN CAPFD. 1/2 IN IRON PIPEW/BROKEN CAPFD. 1/2 IN IRON PIPEW/BROKEN CAPFD. REBARW/CAP #53596FD. REBARW/CAP #53596FD. 1/2 IN IRON PIPEPUBLIC DRAINAGE& UTILITYEASEMENT PERDOC NO. 1949939PUBLIC ROADWAY, DRAINAGE& UTILITY EASEMENT PER DOCNO. 1949939RIGHT OF WAY EASEMENT INORDER FILED PER DOC NO.3285384ZONE AESILT FENCE FORCONSTRUCTION TO THE EAST(PUBLIC STREET)(PUBLIC STREET)(PUBLIC STREET)HOUSESHEDOVERHANGPILLARS180.2±197.4±196.0±174.1±R/WVARIES9.5±10.5±158.3±167.7±113.6±RIP RAPEAST BRANCH OFSOUTH CREEK10 'BITUMINOUSTRAILLANDSCAPING AREALANDSCAPING AREALANDSCAPING AREAPAVERSACCESSAPPROXIMATE SEPTICDRAINFIELDWATER COURSEWATER COURSEWETLANDWETLANDS00°26'24"W 658.54 N89°55'23"E 661.34S89°56'55"W 661.33S00°26'24"W 658.83 660.0660.0 N. LINE OF THE N 1/2 OFTHE NE 1/4 OF SEC. 28W. LINE OF THE EAST 1980.00 FEET OFTHE N 1/2 OF THE NE 1/4 OF SEC. 28E. LINE OF THE WEST 660.00 FEET OFTHE EAST 1980.00 FEET OF THE N 1/2OF THE NE 1/4 OF SEC. 28 FD. 1/2 IN OPENIRON PIPEFD. 60D NAILFD. 60D NAIL33R/W33R/W 33R/W33R/W7.1±8.6±9.4±8.7±7.1±23.8±22.9±173.7±148.9±26.7±44.8±35.1±WELL200TH STREET WESTHOUSESHEDSHEDWATER SPIGOTWATER SPIGOTWATER SPIGOTWATER SPIGOTWATER SPIGOTWATER SPIGOTHOUSE DRAWN APPROXIMATELYFROM FIELD SHOTS AND AERIALPID: 22-02800-01-022DAVID & GINA KING7820 200TH STREET WESTLAKEVILLE, MN 55044PID: 22-02100-76-015EDWARD & CATHERINE LAUER(PUBLIC STREET)GLARUS LANE(PUBLIC STREET)GLOBE DRIVE (PUBLIC STREET)60R/W60R/W60R/WS00°26'24"W 660.03N89°55'23"E 660.03N00°26'24"E 660.03 S89°55'23"W 660.03WETLANDSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSF SF SF SF SFSFSFSFSFSFSFSFSFSFSFSFSFSFSF SF SF SF SF XXN:\0052375.00\DWG\CIVIL\PRELIM\0052375 - EC01.DWG 252PROJECT NUMBER: 0052375.00LAKEVILLE, MN05/14/25TDDTDDTDD© 2025 Westwood Professional Services, Inc.RESERVE AT CEDAR CREEKEXISTING CONDITIONS221 S RIVER RIDGE CIR STE 100BURNSVILLE, MN 55337RESERVE AT CEDAR CREEK01/07/25MATHEW J. WELINSKI5359605/14/25RESERVE AT CEDAR CREEK, LLC.NOT FOR CONSTRUCTIONSHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THESTATE OF MINNESOTACommon Ground AllianceCall 48 Hours before digging:811 or call811.com80'16' OR 8'0'80'160'240'1" = 80'03/07/2504/04/2505/06/2505/14/25.CITY COMMENTSCITY COMMENTSCITY COMMENTSCITY COMMENTS.CEDAR CREEK VILLASLISA HANSONDROGEMULLERDAVID & GINA KINGCEDAR CREEKVILLAS 2ND ADDNFD. 1/2 IN OPEN;LS #7734FD. 1/2 IN OPEN;LS #7734S00°26'24"W 660.03---DETAIL B(NOT TO SCALE)LISA HANSONDROGEMULLERDAVID & GINA KINGFD. 1/2 IN CAPPED IRON;UNREADABLEFD. 1/2 IN OPEN;LS #7734N89°55'23"E 660.03---S00°26'24"W 660.03---DETAIL A(NOT TO SCALE)FERNANDOMELADO-BARBOZA---660.03 N89°55'23"EN89°55'23"E3.05N89°55'23"E1.74DETAIL ADETAIL BKING PROPERTY DESCRIPTIONThe West 660.00 feet of the East 1980.00 feet of the North 660.00 feet of the North-Half (N1/2) of the Northeast Quarter(NE1/4), Section Twenty-eight (28), Township One Hundred Fourteen (114), Range Twenty (20), Dakota County, Minnesota.Abstract PropertyGENERAL NOTES1. Bearings of property lines shown hereon are based on the Dakota County coordinate system, (NAD 83 - 1986 ControlAdjustment).2. Lengths of lines and distances between features are measured in US-Survey Feet.3. Wetlands shown were delineated by Westwood Professional Services.GUY WIREFLARED END SECTIONSANITARY MANHOLECATCH BASINSEWER CLEANOUTPOWER POLEELECTRIC BOXELECTRIC METERSIGNNATURAL GAS METERSTREET LIGHTMAIL BOXSTEEL/WOOD POSTPOWER OVERHEADPOWER UNDERGROUNDWATERMAINFIBER OPTICSANITARY SEWERSTORM SEWERGATE VALVEGAS LINEWELLCURB STOP BOXHYDRANTSTORM MANHOLELEGENDFENCE LINECURB & GUTTERCONCRETE SURFACEBITUMINOUS SURFACEGRAVEL SURFACEFOUND MONUMENTTREE LINEGASPOHPUGSANSTOWATFOSCOSTCSWEEGMAILXEASEMENT LINESECTION LINELOT LINEBOUNDARY LINERIGHT-OF-WAY LINEFIBER OPTIC PEDESTALFARM HYDRANTWETLANDDROGEMULLER PROPERTY DESCRIPTIONThe West 661.31 feet of the East 1983.05 feet of that part of the North 1/2 of the Northeast 1/4 lying Southerly of the North660.00 feet thereof, Section 28, Township 114, Range 20, Dakota County, Minnesota.Abstract PropertyEXHIBIT DPage 292 of 301 AC75.0072.0074.0074.0070.7972.06 71.00 71.0071.0085.5078.5078.4771.0076.81 76.81 678910111213141516222120191817161514OUTLOT B200TH STREET WESTGLARUS LANEGOTHIC AVENUE 123481234587654OUTLOT A1235686.0073.5073.5073.5073.50 73.5073.5070.2532171.00 71.00 71.00 71.00 85.00 770.8070.7970.7970.79172202ND STREET WEST (C.S.A.H. NO. 50)73.5070.4870.4870.4873.5073.5071.0071.0085.50976.31 9,187 sf9,187 sf9,673 sf9,484 sf9,922 sf9,922 sf11,343 sf9,495 sf9,565 sf13,326 sf11,341 sf9,378 sf9,426 sf10,924 sf10,924 sf26,401 sf11,005 sf11,005 sf11,392 sf11,392 sf10,924 sf11,410 sf9,809 sf11,406 sf8,939 sf10,642 sf9,075 sf9,030 sf8,984 sf11,741 sf12,181 sf89,288 sf10,598 sf10,597 sf16,973 sf9,360 sf9,620 sf9,620 sf10,423 sf13,066 sf108,209 sf9,662 sf10,076 sf10,604 sf12,776 sf9,383 sf10,532 sf11,156 sf92,560 sf49,600 sf10,067 sf9,228 sf25 73 73 74 73 86125737312512513249862574130 12670737413245 90707373135135 4015560917575757514127757575301261288771717374707070738571717473707070741551251251551551554015560857171717136 66015515515515535636363634412478991092412415633717171717171851261261251281281276277150777715616115221797822727710479791113549861357472747493921303172747422130130130138627171876012710575441451471371503571902835975132132138661661239,378 sfGLOBE DRIVEGLOBE DRIVE GLARUS LANEGOTHIC AVENUE13121110999.9773.0072.3572.3572.3560R/W32B-B60R/W32B-B60R/W32B-B5' SIDEWALK5' SIDEWALK5' SIDEWALK50SBK50SBK40R/W40R/W75R/W75R/WEXISTING BITUMINOUS TRAILWETLAND BUFFERPUBLIC DRAINAGE &UTILITY EASEMENT PERDOC NO. 1949939WETLAND FILL5,281 SFPONDPONDNORMAL WATER LINENORMAL WATER LINE10N:\0052375.00\DWG\CIVIL\PRELIM\0052375 - PP01.DWG 254PROJECT NUMBER: 0052375.00LAKEVILLE, MN05/14/25TDDTDDTDD© 2025 Westwood Professional Services, Inc.RESERVE AT CEDAR CREEKPRELIMINARY PLAT221 S RIVER RIDGE CIR STE 100BURNSVILLE, MN 55337RESERVE AT CEDAR CREEK01/07/25RESERVE AT CEDAR CREEK, LLC.05/14/2526971CORY L. MEYERNOT FOR CONSTRUCTIONSHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTACommon Ground AllianceCall 48 Hours before digging:811 or call811.com80'16' OR 8'0'80'160'240'1" = 80'03/07/2504/04/2505/06/2505/14/25.CITY COMMENTSCITY COMMENTSCITY COMMENTSCITY COMMENTS.MINIMUM LOT AREALOT STANDARDS1. ALL LOT DIMENSIONS ARE ROUNDED TO THE NEAREST FOOT.2. ALL AREAS ARE ROUNDED TO THE NEAREST SQUARE FOOT.3. STREET NAMES ARE SUBJECT TO APPROVAL BY THE CITY.4. DRAINAGE AND UTILITY EASEMENTS SHALL BE PROVIDED AS REQUIRED. DRAINAGE AND UTILITYEASEMENTS WILL BE PROVIDED OVER ALL PUBLIC UTILITIES AND UP TO 1 FOOT ABOVE THEHIGH WATER LEVEL OF ALL PONDS.5. STREET WIDTHS ARE SHOWN FROM BACK OF CURB TO BACK OF CURB.DEVELOPMENT NOTESPROPERTY LINESETBACK LINEEASEMENT LINECURB AND GUTTERLOT LINEPOND NORMAL WATER LEVELRETAINING WALLEXISTINGPROPOSEDTIP-OUT CURB AND GUTTERSITE LEGENDAVERAGE LOT AREAMINIMUM LOT WIDTHMINIMUM LOT DEPTHSETBACKSFRONTSIDE INTERIOR LOTSIDE CORNER LOTREARSTANDARD70' SINGLEFAMILY8,939 SF10,524 SF70' @ FRONT SBK124'25'7'20'30' TYPICAL50' TO 200TH ST. &202ND ST.OUTLOT TABLEOUTLOTAGROSSAREAUSE OWNERSHIPPONDINGCITY2.05 ACBPONDING / WETLANDCITY2.13 ACTYPICAL SINGLE FAMILY (SF) LOT DETAIL10'5'5'7'25'30'5'70'70'124' 124'21DRAINAGE &UTILITY EASEMENTTYPICAL LOTDIMENSIONFRONT BUILDINGSETBACKBUILDING SETBACK LINELOT NUMBERREAR BUILDING SETBACKLOT LINESIDE BUILDINGSETBACK TO GARAGEROAD RIGHT-OF-WAYX,XXX SFLOT AREAKING PROPERTY DESCRIPTIONThe West 660.00 feet of the East 1980.00 feet of the North 660.00 feet of the North-Half (N1/2) of the Northeast Quarter(NE1/4), Section Twenty-eight (28), Township One Hundred Fourteen (114), Range Twenty (20), Dakota County, Minnesota.Abstract PropertyDROGEMULLER PROPERTY DESCRIPTIONThe West 661.31 feet of the East 1983.05 feet of that part of the North 1/2 of the Northeast 1/4 lying Southerly of the North660.00 feet thereof, Section 28, Township 114, Range 20, Dakota County, Minnesota.Abstract Property·EXISTING ZONING:RST-2·GROSS SITE AREA:20.0 AC (871,214 SF)MAJOR R.O.W.:WETLANDS (TO REMAIN): 0.49 AC (21,344 SF)·NET SITE AREA:17.76 AC (773,625 SF)·DEVELOPMENT SUMMARY70 FT SINGLE FAMILY HOMES: 48 LOTS·PROJECT DENSITY:GROSS:NET:SITE DEVELOPMENT DATA±2.40 UN/AC±2.61 UN/AC202ND ST200TH ST1.14 AC (49,600 SF)0.61 AC (26,401 SF)EXHIBIT EPage 293 of 301 1049.261006 10 0 8 1 0 1 0 1004100610061006 10 0 8 1012 103010401050106010601022102210221024102410241026102810321034103610381042104410461048105210541056 1 0 5 8105810581058105810621062106210621062106210641064WCSCSSTSFOFOMAILCOCOCOCOCOCOGEXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXGASGASESANSANSANSANSANSANSANWATWATWATWATWATWATWATSTOSTOSTOSTOSTOSTOSTOSTOWATWATWATWATWATWATWATWATWATPOHW EEEWGACWWWWWWGASXXXXXXXX X XX X XXXXXXXPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOH1053.21047.2R (3)1055.21052.01044.0R1052.01051.11043.1R1051.11050.31042.3R1050.31049.51041.5R1049.51051.01043.7R (1)1051.71051.21043.2WO1043.21049.61041.6WO1041.61048.11040.1WO1040.11045.71037.7WO1037.71043.31035.3WO1035.31042.91034.9WO1034.9 1045.41037.4WO1037.4 1047.91039.9WO1039.9 1049.51041.5WO1041.5 1049.21041.2WO1041.21049.61041.6WO1041.61050.11042.1WO1042.11051.01043.0WO1043.01045.01036.8LO1040.01040.71032.7WO1032.71036.51028.5WO1028.51032.51024.5WO1024.51028.91020.9WO1020.9 1050.31042.3R1050.39.2%6.6%5.1%5.0%8.1%8.4%8.3%LP44.451.550.649.849.048.749.1SFSFSFSFSFSFSFSFSF SFSFSFSFSFSFSFSFSFSFSFSF SFSFSF SF SF SF SF SF SF SF SF SF SFSFSFSFSFSFSFSFSF SFSFSFSFSFSFSF7.7%7.3%7.1%9.5%7.0%8.5%8.8%9.5%8.6%49.1 5.4%5.0%28.449.89.2%9.1%9.3%9.1%7.7%7.8%8.0%7.7%7.9%9.5%9.8%9.0%8.1%6.8%47.645.242.840.237.735.19.0%7.7%8.2%9.3%9.5%32.830.929.027.025.123.020.317.615.1 36.024.727.931.635.739.81040.71032.7WO1032.71038.21030.2WO1030.21035.61027.6WO1027.61033.31025.3WO1025.31031.41023.4WO1023.41029.51021.5WO1021.51027.51019.5WO1019.51025.61017.6WO1017.61023.51015.5WO1015.51020.81012.8LO1015.81018.1SOG1018.11015.7SOG1015.71017.7SOG1017.71015.3SOG1015.31021.01013.5LO(1)1016.71023.71015.7LO1018.71029.91021.7LO1024.91036.51028.5WO1028.5 1039.21031.2WO1031.21022.61015.7LO(2)1018.9 1025.41017.4WO1017.4 40.433.433.532.912.011.318.112.012.012.012.012.0 47.349.749.9POND 2OUTLET=1008.0BOT=998.010-YR HWL= 1009.4100-YR HWL=1010.832.036.040.222.124.920.523.2 42.444.947.449.001234567891011 01234568.6%20.917.213.917.214.8EOF14.013.015.617.720.823.331.031.022.425.213.0 38.7EOF11.51049.51041.5R1049.51050.11042.1R1050.16.3%6.6%49.6EOF46.949.0 51.27.1%9.8%8.3%8.3%8.2%8.4%7.7%8.4%POND 1NURPOUTLET: 1009.0BOT: 1002.010 YR HWL: 1010.3100 YR HWL: 1011.6POST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SF POST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SFPOST-SF10101020101210141016101810221024102610101012101410101002100410061008101210143:13:13:13:110:13:13:1 3:13:1105010481052105410561050104610481052105410563:1100010109981002100410061008101210141014101610181022102810381048104810141016101410141018102410181026102210161012104810441048104810503:13:13:1 6.0%6.0%6.0%6.0%6.0%6.0%6.0%6.0%6.0%6.0%6.0%6.0%6.0%6.0%6.0%6.0%6.0%10.0%10.0%10.0%10.0%10.0%10.0%10.0%10.0%10.0%10.0%10.0%10.0%10.0%6.0%6.0%6.0%6.0%6.0%6.0%10.0%6.0%37.914.960.359.155.256.457.86.0%WETLAND 2EX. 10-YR HWL= 1009.6EX. 100-YR HWL=1011.2PR. 10-YR HWL= 1009.0PR. 100-YR HWL=1010.310.0%9.0%9.2%10.0%10.0%10.0%10.0%6.2%5.7%998.0010:1 998.0010001010998100210041006100810121014101667891011121314151622212019 1817161514OUTLOT B200TH STREET WESTGLARUS LANEGOTHIC AVENUE 123481234587654OUTLOT A123563217172202ND STREET WEST (C.S.A.H. NO. 50)9GLOBE DRIVEGLOBE DRIVE GLARUS LANEGOTHIC AVENUE131211109SSSSSSSSSSANSANSANSA N SA N SANSANSANSAN SANSANSAN STSTSTSTSTSTOSTOSTOSTOSTO STOST OSTO STOSTOSTOSTO STOWATWATWATWATWATWATWAT WATWATWAT WAT W A T W A T WAT WAT WAT0 1 2 3 4 5 6 7 8 9 SHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTAN:\0052375.00\DWG\CIVIL\PRELIM\0052375 -GR01.DWG 255PROJECT NUMBER: 0052375.00LAKEVILLE, MN05/14/25TDDTDDTDD© 2025 Westwood Professional Services, Inc.RESERVE AT CEDAR CREEKOVERALL PRELIMINARYGRADING AND EROSIONCONTROL PLAN221 S RIVER RIDGE CIR STE 100BURNSVILLE, MN 55337RESERVE AT CEDAR CREEK01/07/255964005/14/25TOM DESUTTERRESERVE AT CEDAR CREEK, LLC.NOT FOR CONSTRUCTIONCommon Ground AllianceCall 48 Hours before digging:811 or call811.com80'16' OR 8'0'80'160'240'1" = 80'03/07/2504/04/2505/06/2505/14/25.CITY COMMENTSCITY COMMENTSCITY COMMENTSCITY COMMENTS.PROPERTY LINE982980SILT FENCESFTOP AND BOTTOM OF RETAINING WALLEMERGENCY OVERFLOWSB-19SOIL BORING LOCATIONSTOSTORM SEWERTPFTREE PROTECTION FENCETREE LINEEXISTINGPROPOSEDINDEX CONTOURINTERVAL CONTOUR982980SPOT ELEVATIONFLOW DIRECTIONSB-19RETAINING WALL (MODULAR BLOCK)GRADING LIMITSGLGRADING & EROSION CONTROL LEGEND1. ALL CONTOURS AND SPOT ELEVATIONS ARE SHOWN TO FINISHEDSURFACE/GUTTER GRADES UNLESS OTHERWISE NOTED.2. REFER TO THE SITE PLAN/RECORD PLAT FOR MOST CURRENT HORIZONTAL SITEDIMENSIONS AND LAYOUT.3. THE CONTRACTOR SHALL VERIFY THE LOCATION AND ELEVATION OF EXISTINGUTILITIES AND TOPOGRAPHICAL FEATURES WITH THE OWNERS ANDFIELD-VERIFY PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALLIMMEDIATELY NOTIFY THE ENGINEER OF ANY DISCREPANCIES OR VARIATIONSFROM PLAN.4. ALL CONSTRUCTION SHALL CONFORM TO LOCAL RULES.5. POSITIVE DRAINAGE FROM THE SITE MUST BE PROVIDED AT ALL TIMES.GRADING & DRAINAGE NOTES0.00%900.00900.00TW=XXX.XXBW=XXX.XXE.O.F.VARIES LAST REVISED:08/15/17TYPICAL LOTGD25INDICATES A CUSTOM HOUSE PAD WHICH HAS NOT BEEN COMPLETELY GRADED OR PREPAREDTO PROPOSED GRADE. ELEVATIONS AND HOUSE STYLES SHOWN ARE ENGINEERS SUGGESTEDDESIGN FOR CUSTOM LOTS AND SHOULD BE VERIFIED WITH THE DEVELOPER.G980.6989.6 980.0 983.0WO989.2 991.0DRIVEWAY LOT CORNER ELEVATIONCUSTOMSOG = SLAB ON GRADE UNIT.WO = FULL BASEMENT WALKOUT, GRADED FOR 8.4' OF DIFFERENCE FROM THE REAR GROUNDGRADE AT THE WALKOUT TO FRONT GROUND AT GARAGE DOOR.R = RAMBLER, GRADED FOR 7.7' OF DIFFERENCE FROM BASEMENT FLOOR ELEVATIONTO FRONT GROUND GRADE AT GARAGE DOOR.R(1) = RAMBLER, GRADED FOR 7.0' OF DIFFERENCE FROM BASEMENT FLOOR ELEVATIONTO FRONT GROUND GRADE AT GARAGE DOOR.LO = FULL BASEMENT LOOKOUT GRADED FOR 5.0' OF DIFFERENCE FROM THE REAR GROUNDGRADE AT THE LOOKOUT TO THE FRONT GROUND GRADE AT THE GARAGE DOOR.DRAINAGE ARROWLOT NUMBERMINIMUM BASEMENTFLOOR ELEVATIONREAR GROUND GRADE ATWALKOUT/LOOKOUT (0.7'BELOW BASEMENT FLOORELEVATION FOR WALKOUT)FRONT GROUND GRADEAT GARAGE DOORNOTE:1. THE NUMBER IN THE PARENTHESIS INDICATES THENUMBER OF BLOCKS THAT THE GARAGE IS DROPPED. EACH BLOCK=8".983.0991. ALL SILT FENCE AND OTHER EROSION CONTROL FEATURES SHALL BE IN-PLACEPRIOR TO ANY EXCAVATION/CONSTRUCTION AND SHALL BE MAINTAINEDUNTIL VIABLE TURF OR GROUND COVER HAS BEEN ESTABLISHED. EXISTING SILTFENCE ON-SITE SHALL BE MAINTAINED AND OR REMOVED AND SHALL BECONSIDERED INCIDENTAL TO THE GRADING CONTRACT. IT IS OF EXTREMEIMPORTANCE TO BE AWARE OF CURRENT FIELD CONDITIONS WITH RESPECT TOEROSION CONTROL. TEMPORARY PONDING, DIKES, HAY BALES, ETC., REQUIREDBY THE CITY SHALL BE INCIDENTAL TO THE GRADING CONTRACT.2. ALL STREETS DISTURBED DURING WORKING HOURS MUST BE CLEANED AT THEEND OF EACH WORKING DAY. A ROCK ENTRANCE TO THE SITE MUST BEPROVIDED ACCORDING TO DETAILS TO REDUCE TRACKING OF DIRT ONTOPUBLIC STREETS.3. REDUNDANT PERIMETER SEDIMENT CONTROLS ARE NECESSARY WHEN SOILDISTURBANCE IS WITHIN 50 FEET OF SURFACE WATERS. REDUNDANT SEDIMENTCONTROLS COULD INCLUDE:3.1. TWO ROWS OF SILT FENCE (SEPARATED BY 8 FEET); OR3.2. SILT FENCE AND A TOPSOIL BERM (STABILIZE BERM WITH MULCH); OR3.3. SILT FENCE AND FIBER LOGS; OR3.4. TOPSOIL BERM AND FIBER LOGS (STABILIZE BERM WITH MULCH).4. REDUNDANT SEDIMENT CONTROLS MUST BE INSTALLED PRIOR TO DISTURBINGWITHIN 50 FEET OF THE SURFACE WATER.EROSION CONTROL NOTESROCK CONSTRUCTION ENTRANCEEROSION CONTROL BLANKETHIGH/LOW POINTHP/LP900.00CL-CL ELEVATIONCL-CL900.00PROPOSED STREET PROFILE GRADEX.XX%POND NORMAL WATER LEVELSILT FENCE-POST GRADINGPOST-SFHEAVY DUTY SILT FENCEHDSFREDUNDANT SEDIMENT CONTROLRSCINLET PROTECTIONEROSION CONTROL CHECKS/BIOROLLSWETLAND LINEWETLAND FILLWETLAND BUFFERWETLAND BUFFER LIMITSWETLAND BUFFER MONUMENTSEE SHEET 6SEE SHEET 7FEMA 100-YEAR FLOODPLAINCITY 100-YEAR FLOODPLAINEXHIBIT FPage 294 of 301 STFOFOMAILGEESANSANSANSANSAN SAN SANWATWATWAT WATWATWATWATSTOSTOSTOSTO STO STOSTOSTOWATWATWATWATWATWATWATWATWATPOH EEEGACPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHDEVELOPMENT INFO:SETBACKS:70' LOTSPADS: 56' X 65'70' (MIN) LOTS:8400 SF/10200 SF ON CORNERSFRONT SETBACK = 25'SIDE SETBACK = 7/7REAR SETBACK = 30'CORNER SETBACK = 20'67891011121314151622212019 1817161514OUTLOT B200TH STREET WESTGLARUS LANEGOTHIC AVENUE 123481234587654OUTLOT A123563217172202ND STREET WEST (C.S.A.H. NO. 50)9GLOBE DRIVEGLOBE DRIVE GLARUS LANEGOTHIC AVENUE131211109MH-41RE=1050.47IE=1038.47 (8" E)IE=1038.57 (8" W)D=12.08" SANITARY STUB-718" IE=1038.72MH-47RE=1048.73IE=1036.73 (8" S)D=12.0MH-76RE=1047.90IE=1036.00 (8" W)IE=1035.90 (8" E)D=12.0MH-48RE=1039.05IE=1027.15 (8" N)IE=1027.05 (8" S)D=12.0MH-63RE=1033.41IE=1021.51 (8" N)IE=1021.41 (8" S)D=12.0MH-65RE=1028.98IE=1017.08 (8" N)IE=1016.98 (8" SE)D=12.0MH-67RE=1024.09IE=1012.19 (8" NW)IE=1012.09 (8" E)D=12.0CONNECT TO EXISTINGSANITARY SEWERCONNECT TO EXISTINGWATERMAINCONNECT TO EXISTINGWATERMAINCONSTRUCT MH OVER EXISTINGSANITARY SEWER LINESSSSSSSSSSANSANSANSA N SA N SANSANSANSANSAN SANSANSAN STSTSTSTSTSTOSTOSTOSTOSTO STOSTOSTOSTOSTOSTOSTO STOWATWATWATWATWATWATWAT WATWATWAT WAT W A T W A T WAT WAT WATWAT0 1 2 3 4 5 6 7 8 98" WM STUBIE=1042.56233 LF-8" PVC SDR 35 @ 2.38%393 LF-8" PVC SDR 35 @ 0.63%38 LF-8" PVC SDR 35 @ 0.40%333 LF-8" PVC SDR 35 @ 2.88%157 LF-8" PVC SDR 35 @ 3.54%121 LF-8" PVC SDR 35 @ 3.58%133 LF-8" PVC SDR 35 @ 3.61%363 LF-8" PVC SDR 35 @ 3.68%8" PVC C900 DR18 W.M8"PVC C900 DR18 W.M 8" PVC C900 DR18 W.MHYDRANT (TYP.)GATE VALVE (TYP.)HYDRANT (TYP.)MH-106RE=1012.10IE=998.72 (8" W)IE=998.62 (8" E)D=13.5SHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTAN:\0052375.00\DWG\CIVIL\PRELIM\0052375 -UT01.DWG 258PROJECT NUMBER: 0052375.00LAKEVILLE, MN05/14/25TDDTDDTDD© 2025 Westwood Professional Services, Inc.RESERVE AT CEDAR CREEKPRELIMINARY SANITARYSEWER AND WATERMAINPLAN221 S RIVER RIDGE CIR STE 100BURNSVILLE, MN 55337RESERVE AT CEDAR CREEK01/07/255964005/14/25TOM DESUTTERRESERVE AT CEDAR CREEK, LLC.NOT FOR CONSTRUCTIONCommon Ground AllianceCall 48 Hours before digging:811 or call811.com80'16' OR 8'0'80'160'240'1" = 80'03/07/2504/04/2505/06/2505/14/25.CITY COMMENTSCITY COMMENTSCITY COMMENTSCITY COMMENTS.SANEXISTINGPROPOSEDSTOWATWATOVERALL UTILITY LEGEND1. THE CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS PRIOR TO CONSTRUCTION ANDNOTIFY THE OWNER OF ANY DIFFERENCES.2. UNLESS OTHERWISE NOTED, ALL MATERIALS, CONST. TECHNIQUES AND TESTING SHALLCONFORM TO THE 2023 ED. OF THE "STANDARD UTILITIES SPECIFICATIONS FOR WATER MAINAND SERVICE LINE INSTALLATION AND SANITARY SEWER AND STORM SEWER INSTALLATION BYTHE CITY ENGINEERING ASSOCIATION OF MINN." AND TO THE "STANDARD SPECIFICATION FORHIGHWAY CONSTRUCTION" MINN. DEPT. OF TRANS., 2020 EDITION AND SUPPLEMENTALSPECIFICATIONS SEPTEMBER 2022. THE CONTRACTOR SHALL BE REQUIRED TO FOLLOW ALLPROCEDURES AS OUTLINED BY THE LOCAL AGENCY.3. THE CONTRACTOR SHALL RECEIVE THE NECESSARY PERMITS FOR ALL WORK OUTSIDE OF THEPROPERTY LIMITS.4. VERIFY EXISTING INVERT LOCATION & ELEVATION PRIOR TO BEGINNING CONSTRUCTION.5. THE CONTRACTOR SHALL CONTACT "GOPHER STATE ONE CALL" FOR FOR UTILITY LOCATIONSPRIOR TO UTILITY INSTALLATION.GENERAL UTILITY NOTESSDTSANITARY SEWERSTORM SEWERWATER MAINHYDRANTDRAIN TILEFUTUREEXHIBIT GPage 295 of 301 STFOFOMAILGEESANSANSANSANSAN SAN SANWATWATWAT WATWATWATWATSTOSTOSTOSTO STO STOSTOSTOWATWATWATWATWATWATWATWATWATPOH EEEGACPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHDEVELOPMENT INFO:SETBACKS:70' LOTSPADS: 56' X 65'70' (MIN) LOTS:8400 SF/10200 SF ON CORNERSFRONT SETBACK = 25'SIDE SETBACK = 7/7REAR SETBACK = 30'CORNER SETBACK = 20'67891011121314151622212019 1817161514OUTLOT B200TH STREET WESTGLARUS LANEGOTHIC AVENUE 123481234587654OUTLOT A123563217172202ND STREET WEST (C.S.A.H. NO. 50)9GLOBE DRIVEGLOBE DRIVE GLARUS LANEGOTHIC AVENUE131211109POND 2OUTLET=1008.0BOT=998.010-YR HWL= 1009.4100-YR HWL=1010.8POND 1NURPOUTLET: 1009.0BOT: 1002.010 YR HWL: 1010.3100 YR HWL: 1011.6WETLAND 2EX. 10-YR HWL= 1009.6EX. 100-YR HWL=1011.2PR. 10-YR HWL= 1009.0PR. 100-YR HWL=1010.3SSSSSSSSSSANSANSANSA N SA N SANSANSANSANSAN SANSANSAN STSTSTSTSTSTOSTOSTOSTOSTO STOSTOSTOSTOSTOSTOSTO STOWATWATWATWATWATWATWAT WATWATWAT WAT W A T W A T WAT WAT WATWAT0 1 2 3 4 5 6 7 8 9CLEANOUT (TYP.)DT IE = 29.616" PERF. PVC DRAINTILE1% MINIMUM6" PERF. PVC DRAINTILE1% MINIMUM4" RIGID PVC SERVICE DRAINTILE1% MINIMUM4" RIGID PVC SERVICE DRAINTILE1% MINIMUMCBMH-83RE=1049.10IE=1039.05 (15" E)IE=1039.05 (18" S)D=10.1CBMH-60RE=1047.55IE=1043.55 (12" E)D=4.0CBMH-59RE=1048.18IE=1043.40 (12" W)IE=1038.72 (18" N)IE=1038.72 (18" S)D=9.5CBMH-78RE=1047.53IE=1042.76 (12" S)IE=1042.76 (15" W)D=4.8CBMH-77RE=1046.91IE=1042.91 (12" N)D=4.0CBMH-14RE=1047.53IE=1042.76 (12" S)IE=1041.79 (15" E)IE=1039.68 (12" N)IE=1039.68 (15" W)D=7.8CBMH-86RE=1046.90IE=1042.91 (12" N)D=4.0CBMH-16RE=1044.37IE=1040.37 (12" S)D=4.0CBMH-58RE=1037.82IE=1027.31 (12" E)D=10.5CBMH-57RE=1040.78IE=1027.16 (12" W)IE=1027.16 (18" N)IE=1013.27 (18" E)D=29.5CBMH-95RE=1019.60IE=1008.55 (30" N)IE=1008.55 (15" E)IE=1008.55 (30" S)D=11.0CBMH-97RE=1012.46IE=1008.46 (30" N)IE=1008.46 (30" S)D=6.02.0' SUMP=1006.46OCS-61RE=1013.00IE=1009.00 (30" S)IE=1008.00 (30" N)D=5.0OCS-73RE=1012.00IE=1006.00 (12" W)IE=1008.00 (12" E)D=6.0CBMH-54RE=1013.12IE=1009.12 (12" N)D=4.0CBMH-53RE=1013.76IE=1008.99 (12" S)IE=1008.99 (15" W)D=4.818" FES-81RE=1010.92IE=1009.00 (18" W)D=0.030" FES-50IE=1008.0030" FES-62IE=1008.0030" FES-74IE=1006.0012" FES-107IE=1006.006" PERF. PVC DRAINTILE1% MINIMUM30 LF-12" RCP CL 5 @ 0.50%295 LF-15" RCP CL 5 @ 0.33%137 LF-12" RCP CL 5 @ 0.50%190 LF-15" RCP CL 5 @ 0.33%130 LF-18" RCP CL 5 @ 0.25%30 LF-12" RCP CL 5 @ 0.50%308 LF-18" RCP CL 5 @ 3.76%30 LF-12" RCP CL 5 @ 0.50%214 LF-18" RCP CL 5 @ 2.00%21 LF-30" RCP CL 3 @ 0.00%150 LF-30" STM SWR @ 0.30%30 LF-12" RCP CL 5 @ 0.44%164 LF-15" RCP CL 5 @0.27%31 LF-30" RCP CL 3 @ 0.30%157 LF-30" RCP CL 3 @ 0.29%N:\0052375.00\DWG\CIVIL\PRELIM\0052375 -UT01.DWG 259PROJECT NUMBER: 0052375.00LAKEVILLE, MN05/14/25TDDTDDTDD© 2025 Westwood Professional Services, Inc.RESERVE AT CEDAR CREEKPRELIMINARY STORMSEWER PLAN221 S RIVER RIDGE CIR STE 100BURNSVILLE, MN 55337RESERVE AT CEDAR CREEK01/07/255964005/14/25TOM DESUTTERRESERVE AT CEDAR CREEK, LLC.NOT FOR CONSTRUCTIONSHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED PROFESSIONAL ENGINEER UNDER THE LAWSOF THE STATE OF MINNESOTACommon Ground AllianceCall 48 Hours before digging:811 or call811.com80'16' OR 8'0'80'160'240'1" = 80'03/07/2504/04/2505/06/2505/14/25.CITY COMMENTSCITY COMMENTSCITY COMMENTSCITY COMMENTS.SANEXISTINGPROPOSEDSTOWATWATOVERALL UTILITY LEGEND1. THE CONTRACTOR SHALL VERIFY ALL EXISTING CONDITIONS PRIOR TO CONSTRUCTION ANDNOTIFY THE OWNER OF ANY DIFFERENCES.2. UNLESS OTHERWISE NOTED, ALL MATERIALS, CONST. TECHNIQUES AND TESTING SHALLCONFORM TO THE 2023 ED. OF THE "STANDARD UTILITIES SPECIFICATIONS FOR WATER MAINAND SERVICE LINE INSTALLATION AND SANITARY SEWER AND STORM SEWER INSTALLATION BYTHE CITY ENGINEERING ASSOCIATION OF MINN." AND TO THE "STANDARD SPECIFICATION FORHIGHWAY CONSTRUCTION" MINN. DEPT. OF TRANS., 2020 EDITION AND SUPPLEMENTALSPECIFICATIONS SEPTEMBER 2022. THE CONTRACTOR SHALL BE REQUIRED TO FOLLOW ALLPROCEDURES AS OUTLINED BY THE LOCAL AGENCY.3. THE CONTRACTOR SHALL RECEIVE THE NECESSARY PERMITS FOR ALL WORK OUTSIDE OF THEPROPERTY LIMITS.4. VERIFY EXISTING INVERT LOCATION & ELEVATION PRIOR TO BEGINNING CONSTRUCTION.5. THE CONTRACTOR SHALL CONTACT "GOPHER STATE ONE CALL" FOR FOR UTILITY LOCATIONSPRIOR TO UTILITY INSTALLATION.GENERAL UTILITY NOTESSDTSANITARY SEWERSTORM SEWERWATER MAINHYDRANTDRAIN TILEFUTUREEXHIBIT HPage 296 of 301 WCSCSFOFOMAILSANSANSAN SAN SANWATWATWATWAT WATSTOSTOSTO STO STOSTOSTOWATWATWATWATWATWATWATWATWATPOHPOHPOHPOHPOHPOHPOHPOHPOHPOH WWACWWWWWWPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOH678910111213141516222120191817161514OUTLOT B200TH STREET WESTGLARUS LANEGOTHIC AVENUE 123481234587654OUTLOT A123563217172202ND STREET WEST (C.S.A.H. NO. 50)9GLOBE DRIVEGLOBE DRIVE GLARUS LANEGOTHIC AVENUE131211109SFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSF SF SF SF SFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFSFN:\0052375.00\DWG\CIVIL\PRELIM\0052375 - TP01.DWG 2515PROJECT NUMBER: 0052375.00LAKEVILLE, MN05/14/25TDDTDDTDD© 2025 Westwood Professional Services, Inc.RESERVE AT CEDAR CREEKOVERALL TREEINVENTORY PLAN221 S RIVER RIDGE CIR STE 100BURNSVILLE, MN 55337RESERVE AT CEDAR CREEK01/07/25RESERVE AT CEDAR CREEK, LLC.05/14/2526971CORY L. MEYERNOT FOR CONSTRUCTIONSHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTACommon Ground AllianceCall 48 Hours before digging:811 or call811.com80'16' OR 8'0'80'160'240'1" = 80'03/07/2504/04/2505/06/2505/14/25.CITY COMMENTSCITY COMMENTSCITY COMMENTSCITY COMMENTS.DENOTES EXISTING CONIFEROUS TREETO REMAINDENOTES EXISTING DECIDUOUS TREETO REMAINDENOTES EXISTING CONIFEROUS TREETO BE REMOVEDDENOTES EXISTING DECIDUOUS TREETO BE REMOVEDSILT FENCE / REMOVAL ANDDISTURBANCE LIMITS" T " POST OR EQUAL6' MAX.ORANGE MESH CONSTRUCTION FENCELOCATION AS SHOWN ON PLAN. MAINTAINMAXIMUM DISTANCE FROM TRUNK POSSIBLE.ORANGE CONSTRUCTION FENCESTAKED EVERY 6'1. PRUNING WILL BE DONE BY PROFESSIONALS DURING APPROPRIATE PRUNING SEASON.2. NO STORAGE OF MATERIALS, OPERATION OF MACHINERY, OR DEVELOPMENT OF ANY SORT WILL OCCURWITHIN THE FENCE-LINE WITHOUT APPROVAL IN WRITING FROM THE CITY.3. SITE GRADING TO BE DONE ONLY AFTER PROTECTIVE MEASURES HAVE BEEN TAKEN, CITY HAS APPROVEDFENCING LOCATIONS, AND ALL CONTRACTORS HAVE BEEN BRIEFED ON TREE PRESERVATION TECHNIQUES.LAS T REV ISE D:05/2 8/ 15TREE PROTECT ION TP08NOTES:PLANELEVATIONDRIPLINE6' METAL FENCE POST. STAKE EVERY 6'MAXIMUM.TREE PROTECTION DETAILLEGENDTREE INVENTORY CALC. (BOTH PROPERTIES)SFEXHIBIT IPage 297 of 301 N:\0052375.00\DWG\CIVIL\PRELIM\0052375 - TP01.DWG 2517PROJECT NUMBER: 0052375.00LAKEVILLE, MN05/14/25TDDTDDTDD© 2025 Westwood Professional Services, Inc.RESERVE AT CEDAR CREEKTREE INVENTORY DATA -KING PROPERTY221 S RIVER RIDGE CIR STE 100BURNSVILLE, MN 55337RESERVE AT CEDAR CREEK01/07/25RESERVE AT CEDAR CREEK, LLC.05/14/2526971CORY L. MEYERNOT FOR CONSTRUCTIONSHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTACommon Ground AllianceCall 48 Hours before digging:811 or call811.com############# OR ##03/07/2504/04/2505/06/2505/14/25.CITY COMMENTSCITY COMMENTSCITY COMMENTSCITY COMMENTS.*ABBREVIATIONS:PD=PHYSICALLY DAMAGEDBD=BIOLOGICALLY DAMAGEDDD=DEADX=MULTI-TRUNKEDDATA LEGENDTREES TO BE SAVEDTREES TO BE REMOVEDTREES OFFSITEEXHIBIT JPage 298 of 301 N:\0052375.00\DWG\CIVIL\PRELIM\0052375 - TP01.DWG 2519PROJECT NUMBER: 0052375.00LAKEVILLE, MN05/14/25TDDTDDTDD© 2025 Westwood Professional Services, Inc.RESERVE AT CEDAR CREEKTREE INVENTORY DATA -DROGEMULLERPROPERTY221 S RIVER RIDGE CIR STE 100BURNSVILLE, MN 55337RESERVE AT CEDAR CREEK01/07/25RESERVE AT CEDAR CREEK, LLC.05/14/2526971CORY L. MEYERNOT FOR CONSTRUCTIONSHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTACommon Ground AllianceCall 48 Hours before digging:811 or call811.com03/07/2504/04/2505/06/2505/14/25.CITY COMMENTSCITY COMMENTSCITY COMMENTSCITY COMMENTS.*ABBREVIATIONS:PD=PHYSICALLY DAMAGEDBD=BIOLOGICALLY DAMAGEDDD=DEADX=MULTI-TRUNKEDDATA LEGENDTREES TO BE SAVEDTREES TO BE REMOVEDTREES OFFSITEPage 299 of 301 FOFOMAILSANSANSAN SAN SANWATWATWATWAT WATSTOSTOSTO STO STOSTOSTOWATWATWATWATWATWATWATWATWATPOHPOHPOHPOHPOHPOHPOHPOHPOHPOH POHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOH67891011121314151622212019 1817161514OUTLOT B200TH STREET WESTGLARUS LANEGOTHIC AVENUE 123481234587654OUTLOT A123563217172202ND STREET WEST (C.S.A.H. NO. 50)9GLOBE DRIVEGLOBE DRIVE GLARUS LANEGOTHIC AVENUE131211109CODEQTYCOMMON / BOTANICAL NAMESIZE ROOT SPACING O.C. MATURE SIZEDECIDUOUS TREES - 75ACE8ACCOLADE ELM / ULMUS X 'MORTON'2.5" CAL.B&BAS SHOWNH 70` W 40`-50`AGG 1 AUTUMN GOLD GINKGO / GINKGO BILOBA 'AUTUMN GOLD'2.5" CAL B&B AS SHOWNH 50` W 30`FFM 7 FALL FIESTAR MAPLE / ACER SACCHARUM 'BAILSTA'2.5" CAL. B&B AS SHOWN H 50`-75` W 50`FYL10FRONTYARD LINDEN / TILIA AMERICANA 'BAILYARD'2.5" CAL. B&B AS SHOWNH 60`-70` W 30`-40`HAK 8 HACKBERRY / CELTIS OCCIDENTALIS2.5" CAL B&B AS SHOWN H 40`-60` W 40`REO10RED OAK / QUERCUS RUBRA2.5" CAL.B&BAS SHOWNH 50`-70` W 40`-50`RVB 1 RIVER BIRCH / BETULA NIGRA10` HT.-CLUMP B&B AS SHOWN H 40`-60` W 30`-40`SGM 8 SIENNA GLEN MAPLE / ACER X FREEMANII 'SIENNA'2.5" CAL. B&B AS SHOWN H 40`-50` W 35`-40`SKH 7 SKYLINE HONEY LOCUST / GLEDITSIA TRIACANTHOS INERMIS 'SKYCOLE' 2.5" CAL B&B AS SHOWNH 50` W 30`-35`SCE 6 ST CROIX ELM / ULMUS AMERICANA 'ST. CROIX'2.5" CAL. B&B AS SHOWN H 60`-80` W 40`-60`SWO 1SWAMP WHITE OAK / QUERCUS BICOLOR2.5" CAL.B&BAS SHOWNH 50`-60` W 60`-80`WHO 8WHITE OAK / QUERCUS ALBA2.5" CAL. B&B AS SHOWN H 60`-80` W 60`-80`EVERGREEN TREES - 22BHS 4 BLACK HILLS SPRUCE / PICEA GLAUCA DENSATA8` HT.B&B AS SHOWNH 35`-45` W 20`-25`COS 7 COLORADO SPRUCE / PICEA PUNGENS8` HT. B&B AS SHOWN H 40`-60` W 15`-30`COF 2 CONCOLOR FIR / ABIES CONCOLOR8` HT. B&BAS SHOWNH 40'-50' W 15'-30'NOP 3 NORWAY PINE / PINUS RESINOSA8` HT. B&B AS SHOWN H 60`-80` W 25`-30`NOS 3 NORWAY SPRUCE / PICEA ABIES8` HT. B&B AS SHOWN H 60`-80` W 25`-30`WHP3WHITE PINE / PINUS STROBUS8` HT.B&B AS SHOWNH 50`-80` W 30`-40`ORNAMENTAL TREES - 3SDC3SNOWDRIFT CRABAPPLE / MALUS X 'SNOWDRIFT'2.0" CAL.B&BAS SHOWNH 20` W 20`ACE* 4 ACCOLADE ELM / ULMUS X 'MORTON'2.5" CAL.B&BAS SHOWNH 70` W 40`-50`AGG* 8 AUTUMN GOLD GINKGO / GINKGO BILOBA 'AUTUMN GOLD'2.5" CAL B&B AS SHOWN H 50` W 30`FFM* 3 FALL FIESTA MAPLE / ACER SACCHARUM 'BAILSTA'2.5" CAL. B&B AS SHOWN H 50`-75` W 50`FYL* 1 FRONTYARD LINDEN / TILIA AMERICANA 'BAILYARD'2.5" CAL. B&B AS SHOWNH 60`-70` W 30`-40`HAK* 3 HACKBERRY / CELTIS OCCIDENTALIS2.5" CAL B&B AS SHOWN H 40`-60` W 40`REO* 2RED OAK / QUERCUS RUBRA2.5" CAL.B&BAS SHOWNH 50`-70` W 40`-50`RVB* 7 RIVER BIRCH / BETULA NIGRA10` HT.-CLUMP B&B AS SHOWN H 40`-60` W 30`-40`SGM* 4 SIENNA GLEN MAPLE / ACER X FREEMANII 'SIENNA'2.5" CAL. B&B AS SHOWN H 40`-50` W 35`-40`SKH*5SKYLINE HONEY LOCUST / GLEDITSIA TRIACANTHOS INERMIS 'SKYCOLE' 2.5" CAL B&B AS SHOWNH 50` W 30`-35`SCE* 1 ST CROIX ELM / ULMUS AMERICANA 'ST. CROIX'2.5" CAL. B&B AS SHOWN H 60`-80` W 40`-60`SWO*8SWAMP WHITE OAK / QUERCUS BICOLOR2.5" CAL.B&BAS SHOWNH 50`-60` W 60`-80`WHO* 2WHITE OAK / QUERCUS ALBA2.5" CAL. B&B AS SHOWN H 60`-80` W 60`-80`DECIDUOUS TREES - 48CODEQTYCOMMON / BOTANICAL NAMESIZE ROOT SPACING O.C. MATURE SIZE N:\0052375.00\DWG\CIVIL\PRELIM\0052375 - LP01.DWG 2520PROJECT NUMBER: 0052375.00LAKEVILLE, MN05/14/25TDDTDDTDD© 2025 Westwood Professional Services, Inc.RESERVE AT CEDAR CREEKOVERALL PRELIMINARYLANDSCAPE PLAN221 S RIVER RIDGE CIR STE 100BURNSVILLE, MN 55337RESERVE AT CEDAR CREEK01/07/25RESERVE AT CEDAR CREEK, LLC.05/14/2526971CORY L. MEYERNOT FOR CONSTRUCTIONSHEET NUMBER:VERTICAL SCALE:DATE:PREPARED FOR:OFHORIZONTAL SCALE:DRAWN:CHECKED:DESIGNED:INITIAL ISSUE:REVISIONS:Phone :hLWeZaWer 'rLYe 6XLWe Fax 0LnneWonNa 01 Toll Free DATE:LICENSE NO.I HEREBY CERTIFY THAT THIS PLAN WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION AND THAT I AM ADULY LICENSED LANDSCAPE ARCHITECT UNDER THE LAWSOF THE STATE OF MINNESOTACommon Ground AllianceCall 48 Hours before digging:811 or call811.com80'16' OR 8'0'80'160'240'1" = 80'03/07/2504/04/2505/06/2505/14/25.CITY COMMENTSCITY COMMENTSCITY COMMENTSCITY COMMENTS.PRELIMINARY LANDSCAPE SCHEDULE - DEVELOPER TREESNOTES:1. STREET TREE LOCATIONS AND SPACING ARE SUBJECT TO CHANGE BASED ON CONSTRUCTED DRIVEWAY AND UTILITY LOCATIONS.2. TREES SHALL BE PLANTED IN FRONT OF SINGLE FAMILY LOTS 20' FROM BACK OF CURB IN A LOCATION THAT DOES NOT INTERFERE WITH CURBSTOPS OR INDIVIDUAL SEWER &WATER CONNECTIONS.3. NO PLANTING WILL BE INSTALLED UNTIL ALL GRADING AND CONSTRUCTION HAS BEEN COMPLETED IN THE IMMEDIATE AREA.4. DECIDUOUS TREES SHOULD BE LOCATED A MINIMUM OF 5' OFF ANY UTILITY PIPE AND CONIFEROUS TREES TREES SHOULD BE LOCATED A MINIMUM OF 15' OFF ANY UTILITYPIPE.5. NO TREE SHOULD BE LOCATED WITHIN 10' OF A HYDRANT OR 15' FROM A STREETLIGHT.6. NO TREES SHOULD BE LOCATED WITHIN A STORM POND HWL.7. NO TREES SHOULD BE LOCATED WITHIN STORM POND ACCESS ROUTE.8. NO DECIDUOUS TREE WITH 5' OF A SIDEWALK OR TRAIL AND NO CONIFEROUS TREES WITHIN 20' OF A PROPOSED SIDEWALK OR TRAIL.9. BUFFER YARD EVERGREEN TREES WITHIN LOT 15, BLOCK 3 MUST BE AT LEAST 10 FEET IN HEIGHT.NATIVE SEEDING LEGENDMNDOT WET DITCH (WD)TOTAL AREA (0.4 AC)MNDOT SOUTHERNTALLGRASS ROADSIDE (STR)TOTAL AREA (1.3 AC)* ALL DISTURBED AREAS TO BE SODDEDUNLESS NOTED OTHERWISE* ALL DISTURBED AREAS IN R.O.W. TO BESEEDED WITH MESIC GENERAL ROADSIDESEED MIX (25-141)OVERSTORYDECIDUOUS TREEOVERSTORY DECIDUOUSSTREET TREEORNAMENTAL TREEPLANT LEGENDEVERGREEN TREELANDSCAPE REQUIREMENTS & PROVISIONSEXISTING DECIDUOUSTREE TO REMAINEXISTING CONIFEROUSTREE TO REMAINDECIDUOUS YARD TREE(BY HOME BUILDER)PRELIMINARY LANDSCAPE SCHEDULE - HOME BUILDER TREESABBREVIATIONS: B.B. = BALLED AND BURLAPPED CAL. = CALIPER HT. = HEIGHT MIN. =MINIMUM O.C. = ON CENTER SP. = SPREAD QTY .= QUANTITY CONT. = CONTAINERNOTES: 1) QUANTITIES ON PLAN SUPERSEDE LIST QUANTITIES IN THE EVENT OF A DISCREPANCY.2) LABELS WITH * SYMBOL REPRESENT YARD TREE (BY HOME BUILDER), NO DIFFERENCE IN SPEC. FROM OTHER DECIDUOUS TREESEXHIBIT KPage 300 of 301 Dakota County Surveyor’s Office Western Service Center 14955 Galaxie Avenue Apple Valley, MN 55124 952.891 -7087 Fax 952.891 -7127 www.co.dakota.mn.us March 13, 2025 City of Lakeville 20195 Holyoke Ave. Lakeville, MN 55044 Re: RESERVE AT CEDAR CREEK The Dakota County Plat Commission met on March 12, 2025, to consider the preliminary plat of the above referenced plat. The plat is adjacent to CSAH 50 (202nd St. W.) and is therefore subject to the Dakota County Contiguous Plat Ordinance. The proposed site includes a residential development for 58 lots. The right-of-way needs for a 2-lane divided roadway are 60 feet of half right of way, which has been met. Restricted access should be shown along all of CSAH 50. A quit claim deed to Dakota County for restricted access is required with the recording of the plat mylars. The Plat Commission has approved the preliminary and final plat, provided that the described conditions are met, and will recommend approval to the County Board of Commissioners on April 8, 2025. Traffic volumes on CSAH 50 are 7,800 ADT and are anticipated to be 7,300 ADT by the year 2040. These traffic volumes indicate that current Minnesota noise standards for residential units could be exceeded for the proposed plat. Residential developments along County highways commonly result in noise complaints. In order for noise levels from the highway to meet acceptable levels for adjacent residential units, substantial building setbacks, buffer areas, and other noise mitigation elements should be incorporated into this development. No work shall commence in the County right of way until a permit is obtained from the County Transportation Department and no permit will be issued until the plat has been filed with the County Recorder’s Office. The Plat Commission does not review or approve the actual engineering design of proposed accesses or other improvements to be made in the right of way. Nothing herein is intended to restrict or limit Dakota County’s rights with regards to Dakota County rights of way or property. The Plat Commission highly recommends early contact with the Transportation Department to discuss the permitting process which reviews the design and may require construction of highway improvements, including, but not limited to, turn lanes, drainage features, limitations on intersecting street widths, medians, etc. Please contact TJ Bentley regarding permitting questions at (952) 891-7115 or Todd Tollefson regarding Plat Commission or Plat Ordinance questions at (952) 891-7070. Sincerely, Todd B. Tollefson Secretary, Plat Commission c: John Anderson, developer EXHIBIT L Page 301 of 301