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02-02-2026
AGENDA CITY COUNCIL MEETING February 2, 2026 - 6:00 PM City Hall Council Chambers Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. The mayor will allow for public comments and questions at the appropriate time. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a council member’s personal judgment. 1. Call to order, moment of silence and flag pledge 2. Roll Call 3. Citizen Comments 4. Additional agenda information 5. Presentations/Introductions a. Minnesota School Bus Driver Proclamation b. Annual Economic Development Update 6. Consent Agenda a. Check Register Summary b. Minutes of the 01/20/2026 City Council Meeting c. Minutes of the 01/17/2026 City Council Retreat d. Contract for Tree Maintenance and Removal Services e. Amendment to the Contract for Public Ash Tree Injection Services f. Contract with Axon Enterprise Inc. for FiRST Center Training Equipment g. State of Minnesota Grant Agreement – FiRST Center h. FiRST Center Capital Membership Agreements i. Resolution Accepting Grant from the AKC Reunite K9 Grant Program j. Contract for Replacement of Galaxie Liquor Store Flooring k. Agreement for Purchase Residential Water Meters l. Agreement with Castle Rock Contracting & Tree Service, LLC for Lake Marion Trail Tree Removals m. Resolution Approving Charitable Gambling for Lakeville Lions Club Page 1 of 257 City Council Meeting Agenda February 2, 2026 Page 2 n. Resolution Approving Appointments to City Council Committees and Inter-Agencies o. Policies 360 Software Service Agreement p. Conditional Use Permit for 19730 Judicial Road q. Conditional Use Permit for 21300 Juniper Way - Lakeville Soccer Club r. Proposal from Lano Equipment, Inc. for Kubota RTVX2C s. Calling Public Hearing on Unpaid Special Charges 7. Action Items a. Ordinance Amendment on Licensing Background Checks for Sexually Oriented Businesses and Massage Businesses b. Comprehensive Plan Amendment and Ordinance Amendment - Lennar 8. Unfinished Business 9. New Business a. Draft Orderly Annexation Agreement with Eureka Township 10. Announcements a. Next City Council Meeting, Tuesday, February 17, 2026 11. Adjourn Page 2 of 257 Date: 2/2/2026 Minnesota School Bus Driver Proclamation Proposed Action Staff recommends adoption of the following motion: Overview Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Report Completed by: Page 3 of 257 Date: 2/2/2026 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview Checks 328571 - 328668 $2,193,783.40 ACH/EFT 24176 - 24285 $2,236,375.60 Total $4,430,159.00 The City Council receives a list of expenditures paid (claims detail), which is available to the public upon request. The City serves as the fiscal agent for Lakeville Arenas and Dakota 911 and processes their accounts payable and payments – these amounts are not included in the total above. Supporting Information 1. 01.27.26 CKSUM-Checks 2. 01.27.26 CKSUM-ACH-EFT 3. Check Register 01.27.26 for February 2, 2026 Council Mtg - ACH-EFT 4. Check Register 01.27.26 for February 2, 2026 Council Mtg - Checks Financial Impact: $4,430,159.00 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Cheri Donovan, Assistant Finance Director Page 4 of 257 Page 5 of 257 Page 6 of 257 MINUTES CITY COUNCIL MEETING January 20, 2026 - 6:00 PM City Hall Council Chambers 1. Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 6:00 p.m. 2. Roll Call Members Present: Mayor Hellier, Council Members Lee, Volk, Wolter Absent: Council Members Bermel Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; Joe Masiarchin, Parks & Recreation Director; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Alissa Frey, Human Resource Director 3. Citizen Comments None 4. Additional agenda information None 5. Presentations/Introductions a. 2025 Annual Liquor Operations Report Liquor Operations Director Tana Wold presented the 2025 Annual Report. 6. Consent Agenda Motion was made by Wolter, seconded by Lee, to approve the following: Voice vote was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter Absent: Council Member Bermel a. Check Register Summary b. Minutes of the 01/05/2025 City Council Meeting c. Agreement with ECSI to upgrade Access Control at the Police Station d. Resolution Accepting Wellness Grant Funding e. Joint Powers Agreement with Vermillion River Watershed Joint Powers Organization and Dakota County for Watershed Management Improvements at Jaguar Pond and Outlot D, Airlake 70 First Addition f. Agreement Between OptumHealth Care Solutions, LLC and the City of Lakeville for the Fitness Passport Program g. Encroachment Agreement with TCLD LF3 Ritter Page 7 of 257 City Council Meeting Minutes January 20, 2026 Page 2 for Private Improvements in Public Easements h. Agreement with RES PYRO for July 4th Fireworks Display i. Approve Plans and Specifications and Set a Bid Date For the 214th Street Reconstruction Project j. Purchase Agreement from EMI Audio for Grand Prairie Park Grandstand Audio System Equipment and Installation k. Professional Services Agreement for a Compensation Study l. Professional Services Agreement for Kenrick Avenue Wall Repairs and Area Drainage Improvements m. Agreements with Xcel Energy for Streetlight Replacement n. North Ryan Second Addition o. 2026 Community Development Block Grant Application p. Approval of Pay Equity Filing 7. Action Items None 8. Unfinished Business None 9. New Business None 10. Announcements a. Next City Council Work Session Monday, January 26, 2026 b. Next City Council Meeting Monday, February 2, 2026 11. Adjourn Motion was made by Volk, seconded by Wolter, to adjourn at 6:08 p.m. Voice vote was taken on the motion. Ayes - Hellier, Lee, Volk, Wolter Absent: Council Member Bermel Respectfully Submitted, __________________________________ Ann Orlofsky, City Clerk ____________________________ Luke M. Hellier, Mayor Page 8 of 257 MINUTES CITY COUNCIL WORK SESSION January 17, 2026 - 9:00 AM Antlers Park, John Hennen Pavilion 1. Call to order, moment of silence and flag pledge Mayor Hellier called the meeting to order at 9:00 a.m. 2. Staff Update of Key City Services a. 2025 3rd Quarter Financial Report Administrator Miller gave an overview of the report and recapped how the end of 2025 went. b. 2026 Budget Recap Administrator Miller discussed the highlights of the 2026 budget. c. 2026-2030 Capital Improvement Plan Administrator Miller gave an update on the projects that will be finishing in the next four years, as well as projects that are scheduled to start. d. Current Residential Development Projects Administrator Miller reviewed the year-end report on residential development projects with Council. e. Staffing Update Administrator Miller provided Council with a staffing update 3. 2026 Schedule/Organizational Items a. City Council Rules of Procedure Council reviewed the City Council Rules of Procedure. b. Meeting formats/locations Council has decided to try a new meeting format that would add work session items to the end of each regular council meeting as discussion items and no longer have a separate monthly work session. This new format will be tried starting in February. c. 2026 Committee Assignments Councilmembers reviewed existing assignments and agreed to changes, which will be approved at an upcoming council meeting. d. Schedule of Key Items/Events Page 9 of 257 City Council Work Session Minutes January 17, 2026 Page 2 Council reviewed the 2026 Schedule of Key Events. 4. City Council Priority Items a. Council Priority Items Discussion Administrator Miller guided Council through potential priority items for the upcoming year and Council decided which items they would like to discuss further throughout the year. 5. Lunch/Start-Stop Exercise Administrator Miller guided Council through a Start-Stop exercise that included items and topics from both staff and councilmembers. 6. Strengths Finder Assessment HR Director Alyssa Frey and Lieutenant Thor Howe guided Council through the StrengthsFinder Assessment that the councilmembers recently completed. They discussed what the results meant and how they can be applied to increase effective communication and strategic planning amongst the Council. 7. Adjourn Mayor Hellier adjourned the meeting at 1:00 p.m. Respectfully Submitted, Taylor Snider, Assistant to the City Administrator Luke M. Heller, Mayor Page 10 of 257 Date: 2/2/2026 Contract for Tree Maintenance and Removal Services Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with Carr's Tree Service, LLC for miscellaneous tree maintenance and removal services. Overview Throughout the year, Forestry staff routinely inspects and schedules tree work on public property with a contractor. The most common work includes tree removal due to emerald ash borer and oak wilt as well as the pruning or removal of storm-damaged and poor-conditioned trees growing in natural areas such as outlots, conservation areas, and greenways adjacent to private properties. This work typically involves large or complex tree removals, difficult access, hazardous tree removals, work around utilities, or the need for specialized equipment that the City does not have the ability to complete. Pruning and removal services are also coordinated with other divisions and departments for storm damage response, large tree removal, or specialized pruning in the public right of way and parks. To streamline work processes and ensure a quick response time, staff determined it would be more efficient to have a pre-negotiated rate for tree removals and pruning work. The designated contractor would provide tree removal and pruning services, and also be the primary contact when soliciting quotes for private property code enforcement for the shade tree epidemic pest control program. The contractor would be committed to prioritizing Lakeville if additional support is needed during a large-scale storm cleanup event with extensive tree damage. In January 2026, the City solicited proposals for tree removal and pruning services. Two proposals were received and were evaluated based on the fee schedules, experience, and responsiveness of the proposals. Carr’s Tree Service met the qualifications and provided the most cost-effective services as summarized in the attached table. Carr's Tree Service has provided tree removal and pruning services for Lakeville under the miscellaneous tree maintenance and removal contract for two years. Staff recommends approval of the contract. The total anticipated cost of tree removal and pruning services is an estimate based on the average number of trees removed over the last two years plus anticipated pruning and hazard removal costs. Work may occur under this contract and be paid for by other division or department budgets including Streets, Construction Services, Parks, or Environmental Resources. Supporting Information 1. Contract Page 11 of 257 2. Quotes Financial Impact: $110,000 Budgeted: Yes Source: Forestry Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zachary Jorgensen, City Forester Page 12 of 257 Page 13 of 257 Page 14 of 257 Page 15 of 257 Page 16 of 257 Page 17 of 257 Page 18 of 257 Page 19 of 257 Page 20 of 257 Quotes received January 20, 2026 Tree Removal: ROW Tree Removal: Parks, Facilities, Outlots Total Removal Stump Treatment Pruning Routine Storm Damage/Hazard Pruning and Removal Carr's Tree Service $21,940.00 $73,000.00 $94,940.00 $0.65/inch $264.80/hr $349.50/hr Davey Tree Care $58,760.00 $228,625.00 $287,385.00 $4.13/inch $490.00/hr $785.00/hr SavATree No proposal submitted Miscellaneous Tree Maintenance and Remvoal March 1, 2026 - February 28, 2027 Page 21 of 257 Date: 2/2/2026 Amendment to the Contract for Public Ash Tree Injection Services Proposed Action Staff recommends adoption of the following motion: Move to approve an amendment to the contract with Rainbow Tree Company, DBA Rainbow Treecare, to renew ash tree injection services for 2026 and 2027. Overview Emerald ash borer (EAB) was confirmed in Lakville in October 2017 and the City Council approved a comprehensive management plan in 2018. To preserve quality ash trees and allow for the planned removal and replacement of ash in the community forest, an EAB treatment program has been in place since 2018. The contract for ash treatment is a two-year contract with half the public ash trees treated each year. The contract provides both a price-per-diameter inch cost to treat city-owned trees, and a bulk discount program for residents. Currently, 1,400 public ash trees and 4,506 private ash trees are being treated under the program. The City Council approved a contract with Rainbow Treecare in 2024 for ash tree injection services. The contract allows for an extension for an additional two-years if agreed to in writing. Rainbow Treecare provided a Letter of Interest and updated quote sheet with the per inch treatment pricing remaining unchanged for the 2026-2027 treatment cycle. Public ash tree treatments will remain at $3.90 per diameter inch. Private ash tree treatments under the bulk discount program will remain at $7.25 per diameter inch to be scheduled and paid for directly by the property owner. Staff recommends approval of the amendment to the contract with Rainbow Treecare. Supporting Information 1. Contract Amendment 2. Rainbow Treecare Letter of Interest Financial Impact: $104,929.50 over two years Budgeted: Yes Source: Forestry Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Zach Jorgensen, City Forester Page 22 of 257 AMENDMENT TO CONTRACT FOR SERVICES THIS AMENDMENT (“Amendment”) is made this 2nd day of February, 2026 (“Effective Date”) by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation (“City”), and RAINBOW TREE COMPANY, DBA RAINBOW TREECARE , a Minnesota corporation, hereinafter referred to as the “Contractor”. RECITALS A. The parties entered into a Contract for Services dated February 5th, 2024 (“Contract”) for tree injection services; B. The parties desire to extend the Contract pursuant to the option for extension under the terms of the Contract. NOW, THEREFORE, the parties agree as follows: 1. Amendment to Paragraph 2 of the Contract. Paragraph 2 is hereby amended to read as follows: 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. The Contract B. Ash Tree Injection Services Proposal, dated January 8th, 2024 (“RFP”) C. Contractor’s Proposal dated January 19, 2024, as amended by Letter of Interest dated December 23, 2025 together with Attachments A and B – Contract Renewal 2026-2027 (“collectively referred to herein as “Contractor’s Proposal”). If there is a conflict among the provisions of the Contract, the order in which they are listed above shall control in resolving any such conflicts with Contract Document “A” having the first priority and Contract Document “C” having the last priority. 2. Amendment to Paragraph 4 of the Contract. Paragraph 4.A. is hereby amended to read as follows: Page 23 of 257 A. The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the prices quoted, which are inclusive of sales tax, as set forth in the Contractor’s Proposal. Payment to the Contractor shall be made based on work completed and submission and approval of an invoice. 3. Amendment to Paragraph 9 of the Contract. The term of this Contract shall be from the effective date of the executed contract to the completion of all work contemplated by the Contract or October 29th, 2027, unless sooner terminated as hereinafter provided. 4. Effect of Agreement. Except as specifically amended by this Amendment, the Contract shall remain in full force and effect. IN WITNESS WHEREOF, the City and the Contractor have executed this Amendment as of the day and year first above written. CITY OF LAKEVILLE By: ________________________________ Luke M. Hellier, Mayor And:________________________________ Ann Orlofsky, City Clerk RAINBOW TREECARE By: ___________________________ ___________________________ (Print Name) Its:__________________________ Municipal Consulting Arborist Ryan Spencer Page 24 of 257 December 23, 2025 Zach Jorgensen City Forester City of Lakeville 7570 179th St Lakeville, MN 55044 Sent via e-mail to: zjorgensen@lakevillemn.gov Re: Extension of Contract for Services Dear Mr. Jorgensen: I am writing to inform you of Rainbow Treecare’s interest in extending its 2024 Contract for Services with the City of Lakeville for the 2026 & 2027 seasons. All conditions and pricing will remain unchanged for 2026 & 2027. Rainbow Treecare has a widespread reputation as Minnesota’s premier arboriculture company. No other company in the State can offer our depth of skill , experience, and knowledge of emerald ash borer (EAB). We are fully prepared to maintain our partnership with the City of Lakeville to continue this important project. Respectfully, Ryan Spencer Municipal Consulting Arborist 952-217-9776 rspencer@rainbowtreecare.com Page 25 of 257 Date: 2/2/2026 Contract with Axon Enterprise Inc. for FiRST Center Training Equipment Proposed Action Staff recommends adoption of the following motion: Move to approve a contract with Axon Enterprise Inc. to supply the equipment needed for the virtual reality training room within the FiRST Center. Overview The city is finalizing the construction of the FiRST Center, which is scheduled to be fully operational by July 2026. The FiRST Center includes a virtual reality training room that will provide first responders with immersive simulated training to prepare for everyday situations as well as more complex emergency scenarios. The Police Department obtained several proposals from various vendors and after testing the products, determined the system and equipment from Axon Enterprise Inc. would be the best fit for the FiRST Center. As part of the First Center construction budget, the city included $200,000 to equip the virtual reality training room. The proposal from Axon Enterprise Inc. includes a cost of $95,512.72 for the complete system and required equipment. Supporting Information 1. AXON VR Contract - Signed Financial Impact: $95,512.72 Budgeted: No Source: FiRST Center Construction Budget Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Allyn Kuennen, Assistant City Administrator Page 26 of 257 Page 27 of 257 Page 28 of 257 Page 29 of 257 Page 30 of 257 Page 31 of 257 Page 32 of 257 Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: ACEIP: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions). as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. Page7 Q. 794130-46045BJ Page 33 of 257 Exceptions to Standard Terms and Conditions �¥_IL / Signature 1/23/2026 Pages \ -2�-2lo Date Signed Q-794130-46045BJ Signature Signature Date Signed Date Signed ______________________________________________________________________ ______________________________________________________________________ Luke M. Hellier, Mayor Ann Orlofsky, City Clerk Page 34 of 257 Date: 2/2/2026 State of Minnesota Grant Agreement – FiRST Center Proposed Action Staff recommends adoption of the following motion: Move to approve a grant agreement with the State of Minnesota in the amount of $7.170 million to assist with the construction of the FiRST Center. Overview A regional public safety training facility does not currently exist for use by public safety personnel in the south metro area and adjacent cities and counties. A regional training facility will help ensure our safety personnel have the highest degree of training possible to serve the public. The Minnesota Legislature has clearly stated that public safety personnel need to be better trained and equipped to respond to the growing demands placed on them. Public safety personnel often use local businesses, schools and vacant facilities as temporary training sites since there is not a permanent site that fits all the training and classroom needs. A permanent, dedicated site within Dakota County, available to all jurisdictions within the south metro and Greater Minnesota area, will improve the ability to consistently and routinely train public safety employees, as well as maintain certifications. Construction of the FiRST Center began in early 2025 and is scheduled to be completed by July of 2026. $7.170 million of the FiRST Center’s construction costs is being funded through a grant from the State of Minnesota. Attached is the standard State of Minnesota Grant Agreement to accept the funds. Supporting Information 1. GF Construction Agreement Lakeville - Final Version Financial Impact: $N/A Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Allyn Kuennen, Assistant City Administrator Page 35 of 257 Generic General Fund Grant Agreement Ver - 11/23/20 for Construction Grants General Fund Grant Agreement – Construction Grant for the Lakeville Regional Public Safety Training Center Project Page 36 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 1 TABLE OF CONTENTS RECITALS .....................................................................................................................................1 Article I - Definitions .....................................................................................................................1 Section 1.01 Defined Terms ..................................................................................................1 Article II - GRANT ........................................................................................................................3 Section 2.01 Grant of Monies ................................................................................................3 Section 2.02 Use of Grant Proceeds ......................................................................................3 Section 2.03 Operation of the Real Property and Facility .....................................................3 Section 2.04 Grant Recipient Representations and Warranties .............................................4 Section 2.05 Event(s) of Default ...........................................................................................7 Section 2.06 Remedies ...........................................................................................................7 Section 2.07 Notification of Event of Default .......................................................................8 Section 2.08 Term of Grant Agreement ................................................................................8 Section 2.09 Modification and/or Early Termination of Grant .............................................8 Section 2.10 Effect of Event of Default .................................................................................9 Section 2.11 Excess Funds ....................................................................................................9 Article III - USE AND SALE ........................................................................................................9 Section 3.01 Use Contracts ....................................................................................................9 Section 3.02 Sale .................................................................................................................10 Section 3.03 Proceeds of a Sale ...........................................................................................10 Article IV - DISBURSEMENT OF GRANT PROCEEDS .........................................................11 Section 4.01 The Advances .................................................................................................11 Section 4.02 Draw Requisitions ..........................................................................................11 Section 4.03 Additional Funds from Grant Recipient .........................................................12 Section 4.04 Conditions Precedent to Any Advance ...........................................................12 Section 4.05 Construction Inspections ................................................................................15 Article V - MISCELLANEOUS ..................................................................................................15 Section 5.01 Insurance .........................................................................................................15 Section 5.02 Condemnation .................................................................................................16 Section 5.03. Use, Maintenance, Repair and Alterations .....................................................16 Section 5.04 Records Keeping and Reporting .....................................................................17 Section 5.05 Inspection of Facility After Completion .........................................................17 Section 5.06 Data Practices .................................................................................................17 Section 5.07 Non-Discrimination ........................................................................................18 Section 5.08 Worker’s Compensation .................................................................................18 Section 5.09 Antitrust Claims ..............................................................................................18 Section 5.10 Review of Plans and Cost Estimates ..............................................................18 Section 5.11 Prevailing Wages ............................................................................................20 Section 5.12 Liability ...........................................................................................................20 Section 5.13 Indemnification by the Grant Recipient .........................................................20 Page 37 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 2 Section 5.14 Relationship of the Parties ..............................................................................21 Section 5.15 Notices ............................................................................................................21 Section 5.16 Binding Effect and Assignment or Modification ............................................22 Section 5.17 Waiver .............................................................................................................22 Section 5.18 Entire Agreement ............................................................................................22 Section 5.19 Choice of Law and Venue ..............................................................................22 Section 5.20 Severability .....................................................................................................22 Section 5.21 Time of Essence ..............................................................................................23 Section 5.22 Counterparts ....................................................................................................23 Section 5.23 Matching Funds ..............................................................................................23 Section 5.24 Source and Use of Funds ................................................................................23 Section 5.25 Project Completion Schedule .........................................................................24 Section 5.26 Third-Party Beneficiary ..................................................................................24 Section 5.27 Applicability to Real Property and Facility ....................................................24 Section 5.28 E-Verification .................................................................................................24 Section 5.29 Additional Requirements ................................................................................25 Attachment I - DECLARATION .................................................................................................27 Attachment II - LEGAL DESCRIPTION ....................................................................................29 Attachment III - SOURCE AND USE OF FUNDS FOR THE PROJECT .................................30 Attachment IV - PROJECT COMPLETION SCHEDULE .........................................................31 Page 38 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 3 General Fund Grant Agreement - Construction Grant for the Lakeville Regional Public Safety Training Center Project THIS AGREEMENT shall be effective as of August 14, 2025, and is between City of Lakeville, a Statutory City, Plan A (the “Grant Recipient”), and the Minnesota Department of Public Safety (the “State Entity”). RECITALS A. Under the provisions contained in Minnesota Laws of 2023 Chapter 72, Article 2, Section 6, the State of Minnesota has allocated $7,170,000, which is to be given to the Grant Recipient as a grant to assist it in the renovation and demolition of the existing building at the Project site and to design, construction, furnishing, and equipping the renovation of an existing building for a new regional public safety training center in Lakeville to provide training facilities for first responders serving the south portion of the Twin Cities metropolitan area and adjacent cities and counties. The facility will include physical and virtual training areas, tactical training rooms, a firing range, classrooms, and meeting areas; and B. The monies allocated to fund the grant to the Grant Recipient are appropriated money from the State of Minnesota’s general fund; and C. The Grant Recipient and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Grant Recipient. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I - Definitions Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: “Advance(s)” – means an advance made or to be made by the State Entity to the Grant Recipient and disbursed in accordance with the provisions contained in Article IV hereof. “Agreement” - means this General Funds Grant Agreement Construction Grant for the Lakeville Regional Public Safety Training Center Project. “Architect”, if any – means Leo A. Daly, which will administer the Construction Contract Documents on behalf of the Grant Recipient. Page 39 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 4 “Commissioner of Management and Budget” - means the State of Minnesota acting through its Commissioner of Management and Budget, and any designated representatives thereof. “Completion Date” – means February 28, 2026, the date of projected completion of the Project as specified in the Construction Contract Documents. “Contractor” - means any person engaged to work on or to furnish materials and supplies for the Project including, if applicable, a general contractor. “Construction Contract Documents” - means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders or supplements thereto, which collectively form the contract between the Grant Recipient and the Contractor or Contractors concerning the Project and which provide for the completion of the Project on or before the Completion Date for either a fixed price or a guaranteed maximum price. “Declaration” - means a declaration, or declarations, in the form as Attachment I and all amendments thereto, indicating that the Grant Recipient’s interest in the Real Property and, if applicable, the Facility is subject to the provisions of this Agreement. “Draw Requisition” - means a draw requisition that the Grant Recipient, or its designee, will submit to the State Entity when an Advance is requested, and which is referred to in Section 4.02. “Event of Default” - means those events delineated in Section 2.05. “Facility”, if applicable, - means Lakeville Regional Public Safety Training Center, which is located, or will be constructed and located, on the Real Property. “Fair Market Value” – means either (i) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal which assumes that all mortgage liens or encumbrances on the property being sold, which negatively affect the value of such property, will be released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all mortgage liens or encumbrances on the property being sold, which negatively affect the value of such property, will be released at the time of acquisition by the purchaser. “Grant” - means a grant of monies from the State Entity to the Grant Recipient in an amount of $ 7,170.000. “Grant Recipient” - means the City of Lakeville, a Statutory City – Plan A. “Inspecting Engineer”, if any - means the State Entity’s construction inspector, or its designated consulting engineer. “Project” - means the acquisition of an interest in the Real Property and, if applicable, the Facility, along with the performance of those activities indicated in Section 2.03. Page 40 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 5 “Real Property” - means the real property located in the County of Dakota, State of Minnesota, legally described in Attachment II. “State Entity” - means the Minnesota Department of Public Safety. “Use Contract” - means a lease, management contract or other similar contract between Grant Recipient and any other entity, and which involves or relates to the Real Property and, if applicable, the Facility. “Usee” - means any entity with which the Grant Recipient contracts under a Use Contract. “Useful Life of the Real Property and, if applicable, the Facility” – means the term set forth in Section 2.04.T. of this Agreement. Article II - GRANT Section 2.01 Grant of Monies. The State Entity shall issue the Grant to the Grant Recipient and disburse the proceeds in accordance with the provisions of this Agreement. The Grant is not intended to be a loan. Section 2.02 Use of Grant Proceeds. The Grant Recipient shall use the Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities: (Check all appropriate boxes.) Acquisition of fee simple title to the Real Property; Acquisition of a leasehold interest in the Real Property; Acquisition of an easement on the Real Property; Improvement of the Real Property; Acquisition of the Facility; Improvement of the Facility; Renovation or rehabilitation of the Facility; Construction of the Facility; or Design, construction, furnishing, and equipping of the Facility. Section 2.03 Operation of the Real Property and Facility. The Grant Recipient shall operate the Real Property and, if applicable, the Facility, or cause it to be operated, as Lakeville Regional Public Safety Training Center, or for such other use as the Minnesota legislature may from time to time designate, and may enter into Use Contracts with Usees to so operate the Real Property and, if applicable, the Facility; provided that such Use Contracts must fully comply with all of the provisions contained in Section 3.01. Page 41 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 6 The Grant Recipient shall also annually determine that the Real Property and, if applicable, the Facility are being so used, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity. Section 2.04 Grant Recipient Representations and Warranties. The Grant Recipient further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Grant Recipient enforceable against the Grant Recipient in accordance with their respective terms. C. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. D. It has made no material false statement or misstatement of fact in connection with its receipt of the Grant, and all of the information it previously submitted to the State Entity or which it will submit to the State Entity in the future relating to the Grant or the disbursement of any of the Grant is and will be true and correct. E. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, the Facility, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. F. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein, nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. G. The contemplated use of the Real Property and, if applicable, the Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. H. The Project was, or will be, completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. I. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. Page 42 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 7 J. All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03 have been, or will be, obtained. K. It will operate, maintain, and manage the Real Property and, if applicable, the Facility in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, the Facility. L. It has, or will acquire, the following interest in the Real Property and, if applicable, the Facility, and, in addition, will possess all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property: Fee simple ownership of the Real Property. A Real Property/Facility Lease for the Real Property, in form and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and, if applicable, Facility, which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) An easement for the Real Property, in form and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and, if applicable, Facility, which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Ownership Interest in, if applicable, the Facility: Fee simple ownership of the Real Property. A Real Property/Facility Lease for the Real Property, in form and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and, if applicable, Facility, which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ________________.) Not applicable because there is no Facility. Page 43 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 8 and such interests are or will be subject only to those easements, covenants, conditions and restrictions that will not materially interfere with the completion of the Project and the intended operation and use of the Real Property and, if applicable, the Facility, or those easements, covenants, conditions and restrictions which are specifically consented to, in writing, by the State Entity. M. It will fully enforce the terms and conditions contained in any Use Contract. N. It has complied with the matching funds requirement, if any, contained in Section 5.23. O. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Grant to complete and fully pay for the Project. P. The Project will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and will be situated entirely on the Real Property. Q. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its conduct of work on the Project. R. It will not allow any lien or encumbrance that is prior and superior to the Declaration to be created on or imposed upon the Real Property, whether such lien or encumbrance is voluntary or involuntary and including but not limited to a mechanic’s lien or a mortgage lien, without the prior written consent of the State Entity. S. It will furnish to the State Entity as soon as possible and in any event within 7 calendar days after the Grant Recipient has obtained knowledge of the occurrence of each Event of Default, or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default, or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default, and the action which the Grant Recipient proposes to take with respect thereto. T. The Useful Life of the Real Property and, if applicable, Facility is 50 years. U. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested in writing by either the State Entity or the Commissioner of Management and Budget. Section 2.05 Event(s) of Default. The following events shall, unless waived in writing by the State Entity, constitute an Event of Default under this Agreement upon the State Entity giving the Grant Recipient 30 days written notice of such event, and the Grant Recipient’s failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot be cured within 30 days as long as the Grant Recipient is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months. Notwithstanding the foregoing, any of the following events that cannot be cured shall, unless waived in writing by the State Entity, constitute an Event of Default under this Agreement immediately upon the State Entity giving the Grant Recipient written notice of such event. Page 44 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 9 A. If any representation, covenant, or warranty made by the Grant Recipient herein, in any Draw Requisition, or in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to make any Advance, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Grant Recipient fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of Management and Budget may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Grant; provided, however, the State Entity may make Advances after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. The Commissioner of Management and Budget, as a third party beneficiary of this Agreement, may demand that the portion of the Grant already disbursed to the Grant Recipient be returned to it, and upon such demand the Grant Recipient shall return such portion to the Commissioner of Management and Budget. C. Either the State Entity or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of Management and Budget would otherwise possess. If the Grant Recipient does not repay any portion of the amount specified in Section 2.06.B within 30 days of demand by either the State Entity or the Commissioner of Management and Budget, then such amount may, unless precluded by law, be taken from or off-set against any aids or other monies that the Grant Recipient is entitled to receive from the State of Minnesota. Section 2.07 Notification of Event of Default. The Grant Recipient shall furnish to both the State Entity and the Commissioner of Management and Budget, as soon as possible and in any event within 7 calendar days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Grant Recipient proposes to take with respect thereto. Section 2.08 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the purpose set forth in Section 2.03 after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the State Entity shall execute whatever Page 45 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 10 documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.09 Modification and/or Early Termination of Grant. If the Project is not started on or before December 31, 2027, or such later date to which the Grant Recipient and the State Entity may agree in writing, then, the State Entity’s obligation to fund the Grant shall terminate, and, in such event, (i) if none of the Grant has been disbursed by such date then the State Entity’s obligation to fund any portion of the Grant shall terminate and this Agreement shall also terminate and no longer be of any force or effect, and (ii) if some but not all of the Grant has been disbursed by such date then the State shall have no further obligation to provide any additional funding for the Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. In addition, if all of the Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, then the State Entity’s obligation to continue to fund the Grant shall terminate, and, in such event, (y) if none of the Grant has been disbursed by such date then the State Entity’s obligation to fund any portion of the Grant shall terminate and this Agreement shall also terminate and no longer be of any force or effect, and (z) if some but not all of the Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding under the Grant and this Agreement shall remain if full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. This Agreement shall also terminate and no longer be of any force or effect upon (a) the termination of the Grant Recipient’s leasehold or easement interest in the Real Property in accordance with the terms of such lease or easement, or (b) the sale of the Grant Recipient’s interest in the Real Property and, if applicable, the Facility in accordance with the provisions contained in Section 3.02 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of Management and Budget in compliance with the provisions contained in Section 3.03. Upon such termination the State Entity shall execute and deliver to the Grant Recipient such documents as are required to release the Real Property and, if applicable, the Facility, from the effect of the Declaration. In the event that the legislation that authorized the Grant is amended to increase or reduce the amount of the Grant or in any other way, then this Agreement shall be deemed to have been automatically modified in accordance with such amendment and the amount of the Grant shall also be automatically modified in accordance with such amendment. Section 2.10 Effect of Event of Default. If an Event of Default occurs and the Grant Recipient is required to and does return the amount specified in Section 2.06.B to the Commissioner of Management and Budget, then the following shall occur. A. This Agreement shall survive and remain in full force and effect. B. The amount returned by the Grant Recipient shall be credited against any amount that shall be due to the Commissioner of Management and Budget under Section 3.03 and against any amount that becomes due and payable because of any other Event of Default. Page 46 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 11 Section 2.11 Excess Funds. If the full amount of the Grant and any matching funds referred to in Section 5.23 are not needed to complete the Project, then, unless language in the legislation that authorized the Grant indicates otherwise, the Grant shall be reduced by the amount not needed. Article III - USE AND SALE Section 3.01 Use Contracts. Each and every Use Contract that the Grant Recipient enters into must comply with the following requirements: A. The purpose for which the Use Contract was entered into must be a governmental purpose. B. It must contain a provision setting forth the statutory authority under which the Grant Recipient is entering into the Use Contract, and must comply with the substantive and procedural provisions of such statute. C. It must contain a provision stating that the Use Contract is being entered into in order to carry out the purpose for which the Grant was allocated, and must recite the purpose. D. It must be for a term, including any renewals that are solely at the option of the Grant Recipient, that is, if applicable, substantially less than the useful life of the structures and improvements that make up the Facility, but may allow for renewals beyond the original term upon a determination by the Grant Recipient that the use continues to carry out the specific purpose for which the Grant was allocated. A term that is equal to or shorter than 50% of the useful life of the structures and improvements that make up the Facility will meet the requirement that it be for a time period that is substantially shorter than the useful life of such structures and improvements. E. It must allow for termination by the Grant Recipient in the event of a default thereunder by the Usee, or in the event that the specific purpose for which the Grant was allocated is terminated or changed. F. It must require the Usee to pay all costs of operation and maintenance of the Real Property and, if applicable, the Facility, unless the Grant Recipient is authorized by law to pay such costs and agrees to pay such costs. . Section 3.02 Sale. The Grant Recipient shall not sell any part of its ownership interest in the Real Property or, if applicable, the Facility unless all of the following provisions have been complied with fully. A. The Grant Recipient determines, by official action, that it is no longer usable or needed as Lakeville Regional Public Safety Training Center. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. Page 47 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 12 D. Written notice of such proposed sale has been supplied to both the State Entity and the Commissioner of Management and Budget at least 30 days prior thereto. The acquisition of the Grant Recipient’s interest in the Real Property and, if applicable, the Facility at a foreclosure sale, by acceptance of a deed-in-lieu of foreclosure, or enforcement of a security interest in personal property used in the operation of thereof, by a lender that has provided monies for the acquisition of the Grant Recipient’s interest in or betterment of the Real Property and, if applicable, the Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, the Facility in a manner which is not inconsistent with the program specified in Section 2.03 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender’s ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, the Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 3.03. Section 3.03 Proceeds of a Sale. Upon the sale of the Grant Recipient’s interest in the Real Property and, if applicable, the Facility the net proceeds thereof shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of Management and Budget in an amount equal to the amount of the Grant actually disbursed, and if the amount of such net proceeds shall be less than the amount of the Grant actually disbursed then all of such net proceeds shall be distributed to the Commissioner of Management and Budget. B. The remaining portion, after the distribution specified in Section 3.03.A, shall be distributed to pay in full any outstanding public or private debt incurred to acquire the Grant Recipient’s interest in or for the betterment of the Real Property and, if applicable, the Facility in the order of priority of such debt. C. Any remaining portion, after the distributions specified in Sections 3.03A and B, shall be divided and distributed in proportion to the shares contributed to the acquisition of the Grant Recipient’s interest in or for the betterment of the Real Property and, if applicable, the Facilities by public and private entities, including the State Entity but not including any private entity that has been paid in full, that supplied funds in either real monies or like-kind contributions for such acquisition and betterment, and the State Entity’s distribution shall be made to the Commissioner of Management and Budget. Such public and private entities may agree amongst themselves as to any redistribution of such distributed funds. The Grant Recipient shall not be required to pay or reimburse the State Entity for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Grant actually disbursed. Article IV - DISBURSEMENT OF GRANT PROCEEDS Section 4.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the Grant to the Grant Recipient from time to time in an aggregate total amount equal to the amount of the Grant. Provided, however, in accordance with the provisions Page 48 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 13 contained in Section 2.08, the State Entity’s obligation to make Advances shall terminate as of the date which occurs 5 years from the effective date of this Agreement even if all of the Grant has not been disbursed by such date. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 5.23. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 5.23 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: Formula #1 Cumulative Advances < (Program Grant) × (percentage of matching funds, if any, required under Section 5.23 that have been disbursed) Formula #2 Cumulative Advances < (Program Grant) × (percentage of Project completed) Section 4.02 Draw Requisitions. Whenever the Grant Recipient desires a disbursement of a portion of the Grant, which shall be no more often than once each calendar month, the Grant Recipient shall submit to the State Entity a Draw Requisition duly executed on behalf of the Grant Recipient or its designee. Each Draw Requisition shall be submitted on or between the 1st day and the 15th day of the month in which an Advance is requested, and shall be submitted at least 7 calendar days before the date the Advance is desired. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work by percentage of completion as approved by the Grant Recipient and the State Entity, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Project site in a manner acceptable to the State Entity, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Project site will be made by the State Entity unless the Grant Recipient shall advise the State Entity, in writing, of its intention to so store materials prior to their delivery and the State Entity has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Grant Recipient shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before substantial completion of the Project, including all landscape requirements and off-site utilities and streets needed for access to the Project and correction of material defects in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Grant Recipient shall submit to the State Entity: (i) such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly Page 49 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 14 inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. If on the date an Advance is desired the Grant Recipient has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition and receives a current construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Grant Recipient. Section 4.03 Additional Funds from Grant Recipient. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the Grant plus the amount of all other funds committed to the completion of the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Project, then the State Entity may send written notice thereof to the Grant Recipient specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Grant Recipient agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the State Entity’s notice. Section 4.04 Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior requests for an Advance shall not exceed the maximum amount of the Grant set forth in Section 1.01. B. The State Entity shall have either received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon, or evidence that such Declaration will promptly be recorded and delivered to the State Entity. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Grant Recipient has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Grant Recipient. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the Grant Recipient has sufficient funds to fully and completely pay for the entire Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Grant Recipient is in compliance with the matching funds requirements, if any, contained in Section 5.23. F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Grant Recipient currently possesses or will use the Grant to acquire the ownership interest delineated in Section 2.04.L. Page 50 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 15 G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, the Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and have been duly approved by the applicable municipal or governmental authorities having jurisdiction. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the completion of the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Property and, if applicable, the Facility to be operated in the manner specified in Section 2.03. K. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the Grant Recipient has the ability and a plan to fund the program which will be operated on the Real Property and, if applicable, in the Facility. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Construction Contract Documents are in place and are fully and completely enforceable. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Project substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Project or supplied materials therefor, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents which name the State Entity and the Grant Recipient dual obligees thereunder, or such other evidence as may be acceptable to the Grant Recipient and the State Entity. N. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the policies of insurance required under Section 5.01 are in full force and effect. O. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 5.10 and all Page 51 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 16 additional applicable provisions and requirements contained in Minn. Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 5.10.B has been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 5.10.C have received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have been notified pursuant to Section 5.10.G. P. No determination shall have been made by the State Entity that the amount of funds committed to the completion of the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Project, or if such a determination has been made and notice thereof sent to the Grant Recipient then the Grant Recipient has supplied or has caused some other entity to supply the necessary funds in accordance with Section 4.03, or to provide evidence acceptable to the State Entity that sufficient funds are available. Q. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. R. The Grant Recipient has supplied to the State Entity all other items that the State Entity may reasonably require. Section 4.05 Construction Inspections. The Grant Recipient and the Architect, if any, shall be responsible for making their own inspections and observations of the Project, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the applicable contracts with such Contractors. If any work done or materials supplied by a Contractor are not satisfactory to the Grant Recipient and the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect, then the Grant Recipient shall immediately notify the State Entity, in writing. The State Entity and the Inspecting Engineer may conduct such inspections of the Project as either may deem necessary for the protection of the State Entity’s interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer are made and all certificates issued by the Inspecting Engineer will be issued solely for the benefit and protection of the State Entity, and the Grant Recipient will not rely thereon. Article V - MISCELLANEOUS Section 5.01 Insurance. The Grant Recipient shall maintain or cause to be maintained builders risk insurance and fire and extended coverage insurance on the Facility, if such exists, in an amount equal to the full insurable value thereof, and shall name the State Entity as loss payee thereunder. If damages which are covered by such required insurance occurs to the Facility, if such exists, then the Grant Recipient shall, at its sole option and discretion, either: (i) use or cause the insurance proceeds to be used to fully or Page 52 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 17 partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (ii) sell its interest in the Real Property and the damaged Facility, if such exists, in accordance with the provisions contained in Section 3.02. If the Grant Recipient elects to only partially repair such damage, then the portion of the insurance proceeds which are not used for such repair shall be applied in accordance with the provisions contained in Section 3.03 as if the Grant Recipient’s interest in the Real Property and Facility, if such exists, had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.03 upon the ultimate sale of the Grant Recipient’s interest in the Real Property and Facility, if such exists. If the Grant Recipient elects to sell its interest in the Real Property and the damaged Facility, if such exists, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.03, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Grant Recipient. As loss payee under the insurance required herein the State Entity agrees to and will assign or pay over to the Grant Recipient all insurance proceeds it receives so that the Grant Recipient can comply with the requirements that this Section 5.01 imposes upon the Grant Recipient as to the use of such insurance proceeds. If the Grant Recipient elects to maintain general comprehensive liability insurance regarding the Real Property and Facility, if such exists, then the Grant Recipient shall have the State Entity named as an additional named insured therein. At the written request of either the State Entity or the Commissioner of Management and Budget, the Grant Recipient shall promptly furnish thereto all written notices and all paid premium receipts received by the Grant Recipient regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. Section 5.02 Condemnation. If all or any portion of the Real Property and, if applicable, the Facility is condemned to an extent that the Grant Recipient can no longer comply with the provisions contained in Section 2.03, then the Grant Recipient shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Grant Recipient to continue to comply with the provisions contained in Section 2.03 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its interest in the Real Property and, if applicable, the Facility in accordance with the provisions contained in Section 3.02. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 3.03 as if the Grant Recipient’s interest in the Real Property and, if applicable, the Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.03 upon the ultimate sale of the Grant Recipient’s interest in the Real Property and, if applicable, the Facility. If the Grant Recipient elects to sell its interest in the portion of the Real Property and, if applicable, the Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.03, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Grant Recipient. Page 53 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 18 As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Grant Recipient all of such condemnation awards or proceeds it receives so that the Grant Recipient can comply with the requirements which this Section 5.02 imposes upon the Grant Recipient as to the use of such condemnation awards or proceeds. Section 5.03. Use, Maintenance, Repair and Alterations. The Grant Recipient shall not, without the written consent of the State Entity, permit or suffer the use of any of the Real Property and, if applicable, the Facility, for any purpose other than the use for which the same is intended as of the effective date of this Agreement. In addition, the Grant Recipient: (i) shall keep the Real Property and, if applicable, the Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) shall not, written consent of the State Entity, remove, demolish or substantially alter (except such alterations as may be required by laws, ordinances or regulations) any of the Facility, if applicable, (iii) shall not do any act or thing which would unduly impair or depreciate the value of the Real Property and, if applicable, the Facility, (iv) shall not abandon the Real Property and, if applicable, the Facility, (v) shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (vi) shall comply with all laws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property and, if applicable, the Facility, or any part thereof, or requiring any alterations or improvements thereto, (vii) shall not commit or permit any waste or deterioration of the Real Property and, if applicable, the Facility, (viii) shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (ix) shall comply with the provisions of any lease if the Grant Recipient’s interest in the Real Property and, if applicable, the Facility, is a leasehold interest, (x) shall comply with the provisions of any condominium documents if the Real Property and, if applicable, the Facility, is part of a condominium regime, (xi) shall not remove any fixtures or personal property from the Real Property and, if applicable, the Facility, that was paid for with the proceeds of the Grant unless the same are immediately replaced with like property of at least equal value and utility, and (xii) shall not commit, suffer or permit any act to be done in or upon the Real Property and, if applicable, the Facility, in violation of any law, ordinance or regulation. Section 5.04 Records Keeping and Reporting. The Grant Recipient shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the completion of the Project and operation of the Real Property and, if applicable, the Facility, and compliance with the requirements contained in this Agreement, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of its books, records, papers, or other documents relevant to the Grant. The Grant Recipient shall use or cause the entity which is maintaining such books and records to use generally accepted accounting principles in the maintenance of such books and records, and shall retain or cause to be retained all of such books, records, documents and other evidence for a period of 6 years from the date that the Project is fully completed and placed into operation. Section 5.05 Inspection of Facility After Completion. Upon reasonable request by the State Entity the Grant Recipient shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, the Facility to allow, the State Entity to inspect the Real Property and, if applicable, the Facility. Page 54 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 19 Section 5.06 Data Practices. The Grant Recipient agrees with respect to any data that it possesses regarding the Grant, the Project, or the Real Property and, if applicable, the Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 5.07 Non-Discrimination. The Grant Recipient agrees to not engage in discriminatory employment practices in the completion of the Project, or operation or management of the Real Property and, if applicable, the Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Minn. Stat. Chapters 363A and 181 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 5.08 Worker’s Compensation. The Grant Recipient agrees to comply with all of the provisions relating to worker’s compensation contained in Minn. Stat. §§ 176.181, Subd. 2 and 176.182 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, with respect to the completion of the Project, and the operation or management of the Real Property and, if applicable, the Facility. Section 5.09 Antitrust Claims. The Grant Recipient hereby assigns to the State Entity and the Commissioner of Management and Budget all claims it may have for over charges as to goods or services provided in its completion of the Project, and operation or management of the Real Property and, if applicable, the Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 5.10 Review of Plans and Cost Estimates. The Grant Recipient agrees to comply with all applicable provisions and requirements contained in Minn. Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Grant Recipient and the State Entity agree to comply with the following provisions and requirements if such provisions and requirements are applicable. A. The Grant Recipient shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. B. Prior to its proceeding with design activities for the Project the Grant Recipient shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then the Grant Recipient shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to Page 55 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 20 complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. D. The Grant Recipient must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees of any significant changes to the program plan and cost estimates referred to in Section 5.10.C. E. The program plan and cost estimates referred to in Section 5.10.C must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 216C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and all rules adopted thereunder. F. If any of the Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 5.10.B and the program plan and cost estimates referred to in Section 5.10.C must include provisions for cost-effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Grant Recipient shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees that the work to be performed is ready to begin. H. The Project must be: (i) completed in accordance with the program plan and cost estimates referred to in Section 5.10.C, (ii) completed in accordance with the time schedule contained in the program plan referred to in Section 5.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 5.10.C. Provided, however, the provisions and requirements contained in this Section 5.10 only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, ice centers, local Page 56 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 21 government projects with a construction cost of less than $1,500,000.00, or any other capital project with a construction cost of less than $750,000.00. Section 5.11 Prevailing Wages. The Grant Recipient agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the Real Property and, if applicable, Facility as intended by the Minnesota Legislature. By agreeing to this provision, the Grant Recipient is not acknowledging or agreeing that the cited provisions apply to the Project or to the operation of the Real Property and, if applicable, Facility. Section 5.12 Liability. The Grant Recipient and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of both the State Entity and the Commissioner of Management and Budget is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Grant Recipient is a “municipality” as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Grant Recipient, including but not limited to the indemnification provided under Section 5.13, is governed by the provisions contained in such Chapter 466. Section 5.13 Indemnification by the Grant Recipient. The Grant Recipient shall bear all loss, expense (including attorneys’ fees), and damage in connection with the completion of the Project or operation of the Real Property and, if applicable, the Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the completion of the Project or operation of the Real Property and, if applicable, the Facility, whether or not due to any act of omission or commission, including negligence of the Grant Recipient or any Contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their employees, servants or agents. The Grant Recipient further agrees to indemnify, save, and hold the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Grant Recipient, its officers, employees, or agents, or by any Usee, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 5.06. The Grant Recipient’s liability hereunder shall not be limited to the extent of insurance carried by or provided by the Grant Recipient, or subject to any exclusions from coverage in any insurance policy. Page 57 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 22 Section 5.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co-partners or a joint venture between the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, nor shall the Grant Recipient be considered or deemed to be an agent, representative, or employee of either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota in the performance of this Agreement, the completion of the Project, or operation of the Real Property and, if applicable, the Facility. The Grant Recipient represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the completion of the Project and the operation and maintenance of the Real Property and, if applicable, the Facility. All personnel of the Grant Recipient or other persons while engaging in the performance of this Agreement, the completion of the Project, or the operation and maintenance of the Real Property and, if applicable, the Facility shall not have any contractual relationship with either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers’ Compensation Act of the State of Minnesota, claims of discrimination against the Grant Recipient, its officers, agents, contractors, or employees shall in no way be the responsibility of either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 5.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing, and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Grant Recipient at: City of Lakeville 20195 Holyoke Ave Lakeville, MN 55044 Attention: Assistant City Administrator (Allyn Kuennen) To the State Entity at: Department of Public Safety 445 Minnesota Street Suite 126 St Paul, MN 55101 Attention: Agency Grants Director To the Commissioner of Management and Budget at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. Page 58 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 23 St. Paul, MN 55155 Attention: Commissioner of Management and Budget Section 5.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Grant Recipient and the State Entity, and their respective successors and assigns. Provided, however, that neither the Grant Recipient nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Grant Recipient or the State Entity unless such change or modification is in writing and signed by an authorized official of the party against which such change or modification is to be imposed. Section 5.17 Waiver. Neither the failure by the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, in any one or more instances, to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of either the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 5.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Grant Recipient and the State Entity, and there are no other agreements, either oral or written, between the Grant Recipient and the State Entity on the subject matter hereof. Section 5.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 5.20 Severability. If any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 5.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 5.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Section 5.23 Matching Funds. The Grant Recipient must obtain and supply the following matching funds, if any, for the completion of the Project: None Page 59 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 24 Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to complete or pay for the Project. The Grant Recipient shall supply to the Commissioner of Management and Budget whatever documentation the Commissioner of Management and Budget may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of Management and Budget. Section 5.24 Source and Use of Funds. The Grant Recipient represents to the State Entity and the Commissioner of Management and Budget that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Grant Recipient, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds. C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Grant Recipient must provide to the State Entity and the Commissioner of Management and Budget a detailed description of such conditions and what is being done to satisfy such conditions. The Grant Recipient shall also supply whatever other information and documentation that the State Entity or the Commissioner of Management and Budget may request to support or explain any of the information contained in Attachment III. The value of the Grant Recipient’s ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section 1.01 and not included in such Attachment III. Page 60 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 25 The funds shown in Attachment III and to be supplied for the Project may, subject to any limitations contained in the legislation that authorized the Grant, be provided by either the Grant Recipient or a Usee under a Use Contract. Section 5.25 Project Completion Schedule. The Grant Recipient represents to the State Entity and the Commissioner of Management and Budget that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project. Section 5.26 Third-Party Beneficiary. The public program to be operated in conjunction with the Real Property and, if applicable, the Facility will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of Management and Budget, is and shall be a third-party beneficiary of this Agreement. Section 5.27 Applicability to Real Property and Facility. This Agreement applies to the Grant Recipient’s interest in the Real Property and if a Facility exists to the Facility. The term “if applicable” appearing before the term “Facility” is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Grant Recipient’s interest in the Real Property. Section 5.28 E-Verification. The Grant Recipient agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 5.29 Additional Requirements. The Grant Recipient and the State Entity agree to comply with the following additional requirements: None. American-Made Steel. Minnesota Laws 2014, Chapter 295, Section 21 (the “Act”), requires public entities receiving an appropriation of public money for a project in that Act to ensure those facilities are built with American-made steel, to the extent practicable. The Grant Recipient shall comply with this requirement, and shall furnish any documentation pursuant thereto reasonably requested by the State Entity. (THE REMAINING PORTION OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) Page 61 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 26 IN TESTIMONY HEREOF, the Grant Recipient and the State Entity have executed this General Fund Grant Agreement – Construction Grant for the Lakeville Regional Public Safety Training Center Project on the day and date indicated immediately below their respective signatures. GRANT RECIPIENT: City of Lakeville, a Statutory City, Plan A By: Luke M. Hellier Its: Mayor And: Ann Orlofsky Its: City Clerk Dated: __________________, _____ STATE ENTITY: Minnesota Department of Public Safety, By: Shawn Kremer Its: Fiscal and Administrative Services Division Director Dated: __________________, _____ Page 62 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 27 Attachment I - DECLARATION The undersigned has the following interest in the real property legally described in Exhibit A attached hereto and all facilities situated thereon (the “Restricted Property”): (Check the appropriate box.) a fee simple title a lease an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is subject to those provisions, requirements, restrictions and encumbrances contained in the “General Fund Grant Agreement Construction Grant for the FiRST Center Project” dated , 20 , between the Minnesota Department of Public Safety and the City of Lakeville. The Restricted Property shall remain subject to such provisions, requirements, restrictions, and encumbrances for 125% of the useful life of the Restricted Property or until the Restricted Property is sold pursuant to the terms of the Grant Agreement, at which time it shall be released therefrom by way of a written release in recordable form signed by the Commissioner Minnesota Department of Public Safety , and such written release is recorded in the real estate records relating to the Restricted Property. (SIGNATURE BLOCK AND ACKNOWLEDGMENT) Page 63 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 28 CITY OF LAKEVILLE (Borrower name) By:____________________________ Luke M. Hellier, Mayor And: __________________________ Ann Orlofsky Dated: ____________________ STATE OF MINNESOTA ) ) ss. COUNTY OF ) This forgoing instrument was acknowledged before me this ___ day of ___________, 20__, by Luke M. Hellier the Mayor, and Ann Orlofsky, the City Clerk, respectively, of the City of Lakeville, a Minnesota municipal corporation. Notary Public This Declaration was drafted by: Campbell Knutson Professional Association Grand Oak Office Center I 860 Blue Gentian Road, Suite 290 Eagan, Minnesota 55121 Telephone: (651) 452-5000 AMP/smt Page 64 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 1 Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY The North 198.34 feet of the south 858.34 feet of the West 988.98 feet of the Southwest quarter of the Northeast quarter (SW ¼ of NE ¼), Section Thirty-three (33), Township One Hundred Fourteen (114), Range Twenty (20), excepting therefrom the West 330.00 feet thereof. Page 65 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 2 Attachment II - LEGAL DESCRIPTION The North 198.34 feet of the south 858.34 feet of the West 988.98 feet of the Southwest quarter of the Northeast quarter (SW ¼ of NE ¼), Section Thirty-three (33), Township One Hundred Fourteen (114), Range Twenty (20), excepting therefrom the West 330.00 feet thereof. Page 66 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 3 Attachment III - SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount Identify Items Amount State Funds General Fund Capita Grant $ 7,170,000 Ownership Acquisition and Other Items Paid for with Grant Funds Other State Funds ____________ $__________ Purchase of Ownership Interest $__________ ____________ $__________ ____________ $__________ Other Items of a Capital Nature: Subtotal $ 7,170,000 Design $ 1,472,456 Construction $ 5,697,544 Matching Funds $ ____________ $__________ Subtotal $ 7,170,000 ____________ $__________ Subtotal $__________ Items Paid for with Non-Grant Funds Other Grant Recipient Funds Construction $ 16,778,710 Federal Grant $ 800,000 Furnishings & Equip $ 1,813,898 Subtotal $800,000 Subtotal $ 18,592,608 Loans ____________ $__________ Subtotal $__________ Other Funds Lakeville GO Bonds $ 17,792,608 ____________ $__________ Subtotal $ 17,792,608 Prepaid Project Expenses ____________ $__________ ____________ $__________ Subtotal $__________ TOTAL FUNDS $ 25,762,608 TOTAL PROJECT COSTS $25,762,608 Page 67 of 257 Generic General Fund Grant Agreement Ver – 11/23/20 for Construction Grants 4 Attachment IV - PROJECT COMPLETION SCHEDULE «2 Page 68 of 257 Date: 2/2/2026 FiRST Center Capital Membership Agreements Proposed Action Staff recommends adoption of the following motion: Move to approve the FiRST Center Capital Membership Agreements Overview The FiRST Center offers a Capital Membership for government entities. The purchase of this membership entitles the member of the government entity with preferred scheduling, pricing and other benefits. The below government entities are desiring to purchase a Capital Membership: • City of Farmington, MN • City of Apple Valley, MN • City of Northfield, MN • City of Elko New Market, MN These agreements will help solidify the financial status of the FiRST Center, as well as fulfill our pledge that this is truly a regional facility that will benefit first responders throughout the south metro. Supporting Information 1. FiRST Center Capital ELKO NEW MARKET 2. FiRST Center Contract NORTHFIELD 3. FiRST Center Capital FARMINGTON 4. FiRST Center Capital APPLE VALLEY Financial Impact: $10,000 Initiation fee per agency $1,1100 / Each sworn peace officer annually Budgeted: No Source: Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Brad Paulson, Chief of Police Page 69 of 257 Page 70 of 257 Page 71 of 257 Page 72 of 257 Page 73 of 257 Page 74 of 257 Page 75 of 257 Page 76 of 257 Page 77 of 257 Page 78 of 257 Page 79 of 257 January 6 Page 80 of 257 Page 81 of 257 Page 82 of 257 Page 83 of 257 Page 84 of 257 Page 85 of 257 Page 86 of 257 Northfield Police Dept 1615 Riverview Drive Northfield, MN 55057 Chief of Police Page 87 of 257 Page 88 of 257 Page 89 of 257 Page 90 of 257 FIRST CENTER CAPITAL MEMBERSHIP AGREEMENT THIS MEMBERSHIP AGREEMENT("Agreement") is made and entered into as of the I" day of 202_ by and between CITY OF LAKEVILLE, a Minnesota municipal corporation ("Lakeville") and a on behalf of its [police department/law enforcement agency] ("Department") (each sometimes hereinafter called"party,"and both sometimes collectively called"parties"). Recitals A. Lakeville owns and operates FIRST Center, a training facility designed for use by public safety first responders("FiRST Center"). FiRST Center is located at 7777—214th Street, Lakeville, MN 55044. B. The construction of FiRST Center was funded, in part, by a grant from the State of Minnesota Department of Public Safety and is subject to the terms and conditions of a General Funds Grant Agreement Construction Grant for the Lakeville Regional Public Safety Training Center(the"Grant").The Grant was authorized by Minnesota Laws 2023, chapter 72,Art. 2, Sec. 6 for the purpose of providing training facilities for first responders serving the south portion of the Twin Cities metropolitan area and adjacent cities and counties. B. FiRST Center includes a variety of separate training spaces, each of which Lakeville makes available for rental. FiRST Center is intended primarily for use by law enforcement agencies and sworn peace officers, but portions of the facility are available for use by non-law enforcement governmental agencies. C. Lakeville offers two levels of memberships to governmental entities: Capital Membership and Preferred Membership. The purchase of a membership entitles the member government entity with preferred scheduling, pricing and other benefits. D. Department desires to purchase a membership in FiRST Center at the Capital Membership level. E. This Agreement is entered into for the purposes of carrying out the purpose for which the Grant was allocated, as set forth at Recital B above and pursuant to Minn. Stat. §471.59. Capital Membership Terms and Conditions 1. Term of Agreement; Termination. This Agreement is effective as of the date written above and has a term of ten(10)years. Department may terminate this Agreement early by providing written notice to Lakeville of its intent to terminate, not less than 12 months in advance of the effective date of termination; provided: (1) no termination may be effective within the first five(5)years of this Agreement;and(2)the annual membership fee for 12 months preceding the early termination date will be 100%of the amount required by section 4(b) of this Agreement. Lakeville may terminate this Agreement if: (a) there is a material default by 1 23606708 CITY OF FARMINGTON Minnesota Municipal CorporationJanuary6 Page 91 of 257 Member that remains uncured after 30 days' written notice from Lakeville to Member or(b)the specific purpose for which the Grant was allocated is terminated or changed. 2. Definitions. For purposes of this Agreement,the terms below have the meanings ascribed to them: membership for its lawCapitalMembermeansangovernmententitythathaspurchasedamembespanyYP enforcement agency at the Capital Membership level. All references to"Capital Member" in this Agreement include the Department. Department"means the police department or other law enforcement agency of the governmentppP entity identified above. Space"means any of the individual spaces described in section 5 of this Agreement, any two or more of which are collectively referred to as"Spaces.' General Schedule"means the schedule of normal operating hours for FiRST Center,during which non-member law enforcement agencies, non-member governmental entities, and members of the public may reserve FiRST Center Spaces. Preferred Member"means the law enforcement agency of any government entity that has purchased a membership at the Preferred Membership level. Authorized Agency Representatives"or"AARs"are those employees designated by Department to oversee Users' use of the Center, as provided in section 3(b)of this Agreement. Users"means every sworn peace officer who is an employee of Department and those non- sworn employees of the Department as authorized by the Department's chief law enforcement officer, each of whom is a"User." 3. Roster of Users; Authorized Agency Representatives; Responsibilities. a. This Agreement allows Users to access the Center outside of normal business hours.The parties agree that, for the security of the Center and all persons using the Center, it is essential that Department provide Lakeville with a roster of all Users in its employ and maintain that roster as current by promptly notifying Lakeville of any changes in the roster. When possible, Department must notify Lakeville at least three business days in advance of the date that a User will separate from employment with Department; and in all other cases Department must notify Lakeville as soon as practicable of the User's separation from employment. b. Department must designate one or more AARs who will coordinate the use of the Center by Department and its Users. At least one AAR must be present in eash space(s)when Department or any of its Users accesses the Facility in the absence of FiRST Center Staff,whether duringor after normal operating hours. LakevillePg 2 236067vt8 Page 92 of 257 will provide each AAR with mandatory orientation and instruction on the Center and its operations. Lakeville will provide each AAR with a key fob for access to the Center,to be used only by the AAR.AARs are prohibited from sharing the key fob with any other person. Only AARs may reserve Spaces for use by the Department or Users. c. AARs have the following responsibilities: 1) Providing each User with a copy of the rules and regulations issued by Lakeville for the use of FIRST Center, prior to the User's use of the FIRST Center. 2) Obtaining each User's signature on a liability waiver form issued by Lakeville, prior to the User's first use of the FiRST Center.AARs must provide the original executed waiver form to the FiRST Center manager, and must maintain a copy for Member's use. 3) Each AAR shall be responsible for ensuring that all Spaces used by the Department or its Users are properly cleaned and reset after each use.This includes removal of trash/brass/debris, sanitization of surfaces, floors, and equipment, and restoration of the Space to its original condition. Lakeville will provide each AAR with training on the use of cleaning equipment and procedures.AARs must follow all cleaning protocols as instructed by the Lakeville FiRST Center Manager. 4. Membership Fees. Department agrees to pay the following membership fees: a. Initiation fee. Within thirty(30)days after the date of this Agreement, Department agrees to pay Lakeville a one-time,nonrefundable initiation fee of Ten Thousand and No/100ths Dollars($10,000.00). b. Annual membership fees. Department agrees to pay an annual membership fee to Lakeville equal to One Thousand One Hundred and No/100ths Dollars($1,100.00) for each sworn peace officer that the Department is authorized to employ at the time payment is made,regardless of whether all authorized positions are filled.There are no mid-year adjustments to annual membership fees, regardless of whether the Department's authorized roster increases or decreases. 1) Every payment of annual membership fees must be accompanied by verification of the Department's authorized number of sworn officers and a current roster of all Users for the Department. 2) The initial payment of membership fees is due within thirty(30)days of the date of this Agreement, and the fees shall be prorated for any partial calendar year. Payments for subsequent calendar years are due on or before January 5 of the 3 236067v18 Page 93 of 257 calendar year to which the payment will apply. The payment for the last calendar year of this Agreement shall be prorated to the termination date. 3) The per-User rate of$I,100.00 will automatically increase by a percentage as provided in this clause, as of the anniversary date of this Agreement, and the annual payments must reflect the price adjustment for the applicable portion of each calendar year. For the second through fifth years of this Agreement,the annual increase will be three percent(3%); for the sixth through tenth years of this Agreement;the annual increase will be determined by Lakeville and will be not less than three percent(3%)and not more than five percent(5%). Lakeville will provide Member with notice of rate changes by August 1 of the year preceding the effective date of the rate change. c. In consideration of the initial fee and the annual membership fee, Department is entitled to priority scheduling of Spaces in accordance with section 6 of this Agreement, at no additional charge. 5. Available Spaces and Use Segments. The following Spaces within FIRST Center are available for use by Department as provided in this Agreement: a. 12-Lane, 50-yard gun range("50-yard Range"). The 50-Yard Range is intended for use primarily by law enforcement agencies and their sworn peace officer employees. It is available for priority scheduling by the Lakeville Police Department, Capital Members and Preferred Members in accordance with section 6 below. During the priority scheduling period Capital Members shall be allotted 1.5 hours per authorized sworn officer per calendar year. The 50-Yard Range may be reserved for a minimum of four 4 hours during the designated weekday time blocks of 8:00 a.m. to 12:00ggY p.m. or 12:00 p.m.to 4:00 p.m. Reservations beginning after 4:00 p.m. do not require a minimum number of hours. b. 6-Lane, 25-yard gun range("25-yard Range").The 25-Yard Range is intended for use by law enforcement agencies and members of the general public. It is available for priority scheduling by the Lakeville Police Department, Capital Members and Preferred Members in accordance with section 6 below During the priority scheduling period Capital Members shall be allotted 1.5 hours per authorized sworn officer per calendar year. The 25-Yard Range may be reserved for a minimum of four(4) hours during the designated weekday time blocks of 8:00 a.m.to 12:00 p.m. or 12:00 p.m. to 4:00 p.m. Reservations beginning after 4:00 p.m. do not require a minimum number of hours. c. Two rooms are available for classroom training, each of which can accommodate up to 57 persons, or when combined, up to 114 persons(collectively,the"Classrooms," and individually, a"Classroom"). The Classrooms are intended for use by law enforcement agencies, non-law-enforcement governmental entities, and members of the general public. They are available for priority scheduling by the Lakeville Police and Fire Departments, Capital Members, and Preferred Members in accordance with 4 23606708 Page 94 of 257 Section 6 below.During the priority scheduling period, Capital Members shall be allotted 2.0 hours per authorized sworn officer per calendar year. A Classroom may be reserved for a minimum of four(4)hours during the designated weekday time blocks of 8:00 a.m.to 12:00 p.m. or 12:00 p.m. to 4:00 p.m. Reservations beginning after 4:00 p.m. do not require a minimum number of hours. When both Classrooms are reserved concurrently, each Classroom will count separately toward the total allotted hours(i.e., one hour per Classroom). d. Defensive Tactics/Mats room("Mats Room"). The Mats Room is 1,503 square feet in size with wall pads and floor mats. The Mats Room is intended for use by law enforcement agencies and their sworn peace officer employees and by fire departments and their firefighters. It is available for priority scheduling by the Lakeville Police and Fire Departments,Capital Members and Preferred Members in accordance with section 6 below. During the priority scheduling period Capital Members shall be allotted 1.5 hours per authorized sworn officer per calendar year. The Matts Room may be reserved for a minimum of four(4)hours during the designated weekday time blocks of 8:00 a.m. to 12:00 p.m. or 12:00 p.m.to 4:00 p.m. Reservations beginning after 4:00 p.m. do not require a minimum number of hours. e. Virtual reality training area("VR Area").The VR Training Area is a purpose-built environment designed to immerse officers in realistic, scenario-based training through the use of cutting-edge virtual reality technology. The VR Area is intended for use by law enforcement agencies and their sworn peace officer employees and by fire departments and their firefighters. It is available for priority scheduling by the Lakeville Police and Fire Departments, Capital Members and Preferred Members in accordance with section 6 below. During the priority scheduling period Capital Members shall be allotted 1.0 hours per authorized sworn officer per calendar year. The VR Area may be reserved for a minimum of four(4) hours during the designated weekday time blocks of 8:00 a.m. to 12:00 p.m. or 12:00 p.m.to 4:00 p.m. Reservations beginning after 4:00 p.m. do not require a minimum number of hours. f. Indoor reality-based training area and outdoor training area("IR Area").The IR Area is a two-story reality-based training space featuring flexible wall systems that simulate a variety of commercial and residential environments,with customizable lighting and sound options. The IR Area is intended for use by law enforcement agencies and their sworn peace officer employees and by fire departments and their firefighters. It is available for priority scheduling by the Lakeville Police and Fire Departments, Capital Members and Preferred Members in accordance with section 6PP below. During the priority scheduling period Capital Members shall be allotted 1.5 hours per authorized sworn officer per calendar year.The IR-Area may be reserved for a minimum of four(4) hours during the designated weekday time blocks of 8:00 a.m. to 12:00 p.m. or 12:00 p.m. to 4:00 p.m. Reservations beginning after 4:00 p.m. do not require a minimum number of hours. 6. Priority Scheduling. Lakeville will make FIRST Center Spaces available for priority reservation by the Lakeville Police and Fire Departments, Capital Members and Preferred 5 236067v18 Page 95 of 257 Members, as provided in this section. Lakeville will follow the process described below duringP the entire term of this Agreement but may modify the specified dates for the first calendar year of the Center's operation, which is expected to be a partial calendar year. a. No later than November 1 of each year, each Capital Member must notify Lakeville of its requested priority reservation times and dates for each Space. b. Lakeville staff shall review the schedules requested by all Capital Members and shall work in good faith with the law enforcement agencies of all Capital Members to resolve any scheduling conflicts. Each Capital Member agrees to work promptly and in good faith with Lakeville staff and any Capital Members to resolve scheduling conflicts. c. Lakeville, in its sole discretion, shall make a scheduling determination for any unresolved scheduling conflicts among Capital Members by December 1 of each year and shall notify Capital Members of the schedule. d. After the schedule for Capital Members is determined, Lakeville will follow a similar process for Preferred Member reservations.After the schedule for Preferred Members is determined and prior to the next calendar year, Lakeville will release the General Schedule for the FIRST Center for the upcoming calendar year. 7. Use in Addition to Priority Scheduling. In addition to the Department's priority reservations, the Department is allowed to use FiRST Center Spaces as follows: a. Subject to paragraph (c) of this section, any of Department's AARs may reserve any of the Spaces from the General Schedule or after normal operating hours for use by the Department,with no limitation on the number of hours, and at no additional cost to Department. All reservations made under this provision are subject to the provisions of section 8 of this Agreement. b. Based on availability, any of Department's AARs may make reservations from the General Schedule or after normal operating hours for use by an individual User of a lane at the 25-Yard Range or 50 Yard Range,with no limitation on the number of hours, and at no additional cost to Department. Reservations made from the General Schedule under this provision are subject to the provisions of section 8 of this Agreement, but after-hours reservations made under this provision are not subject to section 8. c. Reservations under this section may be made no more than fourteen (14)calendar days in advance of the reservation date and are subject to availability. The Center's facility manager may waive the fourteen-day limitation when the manager determines it is in the FIRST Center's interest. 6 23606708 Page 96 of 257 8. Unused Reservations. Department may not assign or sublet its reservations to anyone. Department may return reserved Spaces and, subject to availability, reschedule by providing 30 days' advanced written notice to Lakeville prior to the scheduled reservation. Department agrees to pay a fee equal to one-half the normal rental rate for the rescheduled time. If Department fails to provide the required notice and fails to use a reserved Space, Department agrees to pay Lakeville for the unused reservation at the established rental rate for the unused Space(s). In its sole discretion, Lakeville may waive the provisions of this paragraph for reservations that are cancelled due to a public safety emergency. 9. Storage. Department will be provided with dedicated storage space at FIRST Center for Department's ammunition and related supplies. 10. Rules and Regulations. Lakeville may issue rules and regulations related to the use of FIRST Center. Member is responsible for ensuring that its officials, employees, volunteers, members, guests and invitees comply with FiRST Center's rules and regulations and applicable cityordinances and state and federal laws while using FiRST Center.g 10. Insurance. Lakeville and Member each agree to maintain comprehensive liability insurance, or its equivalent, protecting it from claims for damages for bodily injury and property damage in the minimum amount of$1,500,000 per occurrence; $2,000,000 annual aggregate. Member agrees to maintain workers' compensation coverage as required by law for all employees using the FIRST Center. 11. Indemnification. Each party agrees that it will be responsible for its own acts and the results thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof.The liability of Minnesota State shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes Section 3.732 and 3.736, et seq., and other applicable law. a. Waiver and assumption of risk. Member understands and acknowledges the risk and hazards associated with using FIRST Center and hereby assumes any and all risks and hazards associated therewith. Member agrees that each User hereby irrevocably waives any and all claims against Lakeville and its officials, employees or agents for any bodily injury, including death, loss or property damage incurred by User as a result of using the FIRST Center and hereby irrevocably releases and discharges Lakeville and any of its officials, employees or agents from any and all claims of liability.This section does not apply to claims for bodily injury, including death, or property damage that directly result from a hazardous condition of the property attributable to the negligent acts or omissions of Lakeville, its officials, employees or agents. 7 23606708 Page 97 of 257 12. General Provisions. rcommunicationsre uired or ermitted pursuant to thisa. Notices. All notices o q p Agreement shall be either hand delivered or mailed to the Lakeville and Member by, certified mail,return-receipt requested, at the following address: Lakeville: Lakeville FiRST Center Attn: FiRST Center Manager 7777 210 St W Lakeville, MN 55044 User: Attn: Either party may change its address by written notice delivered to the other party pursuant to this section. b. Non-Assignability.This Agreement may not be assigned by either party. c. Amendment. Any alteration, amendment, variation, modification or waiver of the provisions of the Agreement shall be valid only after it has been reduced to writing and signed b the parties.g Y d. No Waiver.The waiver of any of the rights and/or remedies arising under the terms of this Agreement on any one occasion by any party hereto shall not constitute a waiver or any rights and/or remedies in respect to any subsequent breach or default of the terms of this Agreement. The rights and remedies provided or referred to under the terms of this Agreement are cumulative and not mutually exclusive. e. Governing Law and Venue. This Agreement shall be interpreted and construed according to the laws of the State of Minnesota, without regarding to choice of law provisions. Any civil action shall be venued in Dakota County district court. f. Counterparts.This Agreement may be executed in counterparts, each of which shallPgYrP be deemed to be an original document and together shall constitute one instrument. g. Captions and Headings. Captions and headings used in the Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope of the intent of this Agreement. signature pages follow] 8 23606708 Farmington Police Dept Cheif of Police 19500 Municipal DriveFarmington MN 55024 Page 98 of 257 Signature Page- Lakeville By: Name of person signing) Its: 9 23606708 Page 99 of 257 Signature Page—Member City of Farmington By: Its: Mayor Joshua Hoyt By: V VD 'v Its: City Administrator Lynn Gorski 10 236067v18 Page 100 of 257 Page 101 of 257 Page 102 of 257 Page 103 of 257 Page 104 of 257 Page 105 of 257 Page 106 of 257 Page 107 of 257 Page 108 of 257 Page 109 of 257 Page 110 of 257 Date: 2/2/2026 Resolution Accepting Grant from the AKC Reunite K9 Grant Program Proposed Action Staff recommends adoption of the following motion: Move to approve resolution to accept $7,500 grant awarded from the AKC Reunite K9 Program. Overview The City has been awarded a grant in the amount of $7,500, which requires a 25% local match. The required match will be met with existing budgeted funds for the K-9 program; no additional appropriation is requested. Approval of this item authorizes staff to accept the grant and make the necessary budget amendment(s) on the revenue side to recognize the awarded funds. Supporting Information None Financial Impact: $2500 Budgeted: Yes Source: This action has no impact on the adopted expenditure budget. Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Brad Paulson, Chief of Police Page 111 of 257 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION ACCEPTING GRANT FROM THE AKC REUNITE K9 GRANT PROGRAM WHEREAS, MN Statute 465.03 requires that cities accept donations for the benefit of its citizens in accordance with the terms prescribed by the donor; and WHEREAS, the City of Lakeville's Police Department has received a donation of money, goods, or property from AKC Reunite K9 ($7,500.00); and WHEREAS, the grant or donation is beneficial to the departments; and WHEREAS, the additional revenue received may require the City to incur additional expenditures in order to comply with grant agreements and restricted donations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota that the grant or 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 restrictive donation ADOPTED by the Lakeville City Council on this 2nd day of February, 2026. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 112 of 257 Date: 2/2/2026 Contract for Replacement of Galaxie Liquor Store Flooring Proposed Action Staff recommends adoption of the following motion: Move to approve agreement with National Flooring Contractors Inc. to remove and replace sales floor flooring and wall base at the Galaxie Liquor Store Overview The Galaxie Liquor Store recently completed a sales floor remodel that introduced new finishes to modernize the space and enhance the customer experience. As part of the remodel, new flooring was installed in select areas; however, the remaining existing flooring was not replaced, resulting in multiple flooring types that do not match and create a visually inconsistent space. In addition to appearance concerns, the older flooring has reached the end of its useful life. The flooring has started to bubble beneath the shelving which limits the ability to reconfigure displays and presents a potential tripping hazard. The City received three quotes for the work. To address both the aesthetic inconsistency and durability issues, staff recommends the flooring be replacement. Supporting Information 1. Agreement Galaxie Flooring_Natnl Flooring Contractors 2. Galaxie Flooring Project Quote Tabulation Financial Impact: $37,041.81 Budgeted: Yes Source: Liquor Fund Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Tom Breeggeman Facility Supervisor Page 113 of 257 1 209971 AGREEMENT AGREEMENT made this 2st day of February 2026, by and between the CITY OF LAKEVILLE, a Minnesota municipal corporation ("City") and NATIONAL FLOORING CONTRACTORS INC. an Iowa corporation. ("Contractor"). IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES AGREE AS FOLLOWS: 2. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents”, all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Request For Quotes and Work Specifications C. Contractor Quote Form Dated 1-26-2026 (Exhibit A) D. Contractors Proposal Dated 1-26-2026 (Exhibit B) In the event of a conflict among the provisions of the Contract Documents, the order in which they are listed above shall control in resolving any such conflicts. Contract Document “A” has the first priority and Contract Document “D” has the last priority. 2. SCOPE OF SERVICES. The Contractor shall provide the goods, services, and perform the work set forth in the Contract Documents. The Contractor agrees to furnish and install new flooring approximately 4,200 sq feet and new wall base approximately 260 linear feet, in the location of Lakeville Liquor Galaxie, 16000 Galaxie Ave, Rosemount, MN 55068 (the “Work”). Contractor shall provide all personnel, supervision, services, materials, tools, equipment and supplies and do all things necessary and ancillary. 3. COMPENSATION. Contractor shall be paid by the City for the Work in accordance with the fee schedule attached in the Contractor’s Proposal which is inclusive of reimbursable expenses. The fee shall not be adjusted even if the estimated number of hours to perform a task, or any other estimate, assumption or matter is wrong or exceeded. Payment shall be made periodically after a service has been completed and within thirty-five (35) days of receipt of an invoice. 4. COMPLETION DATE. The Work must be completed March 26th 2026. 5. PROMPT PAYMENT TO SUBCONTRACTORS. A. Pursuant to Minnesota Statute §471.25, Subdivision 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of one and one- half percent (1½ %) per month or any part of a month to subcontractor on any undisputed amount not Page 114 of 257 2 209971 paid on time to the subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. A subcontractor who prevails in a civil action to collect interest penalties from the Contractor shall be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the action. B. Form IC-134 required from general contractor. Minn. Stat. § 290.92 requires that the City of Lakeville obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. 6. RIGHTS AND REMEDIES. A. The duties and obligations imposed by the Contract Documents, and the rights and remedies available there under shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. B. No action, or failure to act, by the City or the Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of, or acquiescence in, any breach there under, except as may be specifically agreed in writing. 7. CONDITION/INSPECTION/REMEDY. A. Services shall be subject to inspection by the City. B. Defective work shall be removed and replaced, or satisfactorily repaired. 8. CHANGES TO WORK. Without invalidating the Contract, the City may, at any time, or from time to time, order additions, deletions or revisions in the work provided under this Agreement; these will be authorized by an amendment to the Contract. Upon approval of an amendment, Contractor shall proceed with the work provided under the amendment. Changes in the Contract Price shall be based upon the prices identified in the fee schedule provided in the Contractor’s Proposal or negotiated between the parties based on similar work provided in the Proposal. 9. UNAUTHORIZED WORK. Additional work performed without authorization of an amendment of this Contract will not entitle Contractor to an increase in the Contract Price or an extension of the Contract Time. 10. DOCUMENTS. The City shall be the owner of all documents, reports, studies, analysis and the like prepared by the Contractor in conjunction with this contract. Page 115 of 257 3 209971 11. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder, Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services to be provided. 12. STANDARD OF CARE. Contractor shall exercise the same degrees of care, skill, and diligence in the performance of the Services as is ordinarily possessed and exercised by a professional Contractor under similar circumstances. No other warranty, expressed or implied, is included in this Agreement. City shall not be responsible for discovering deficiencies in the accuracy of Contractor’s services. 13. CONTRACTOR’S REPRESENTATIONS. A. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. B. Contractor is familiar with and is satisfied as to all federal, state, and local laws and regulations that may affect cost, progress, and performance of the Work. C. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. D. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. E. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the Owner. (2) The Contractor is responsible to the Owner for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the Owner and any subcontractor. (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. Page 116 of 257 4 209971 14. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising out of Contractor’s negligence or its performance or failure to perform its obligations under this Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be liable. Contractor agrees this indemnity obligation shall survive the completion or termination of this Contract. 15. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City a certificate of insurance showing proof of the required insurance required under this Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months after the City has accepted the public improvements, such insurance as shall protect Contractor and the City for work covered by the Contract including workers’ compensation claims and property damage, bodily and personal injury which may arise from operations under this Contract, whether such operations are by Contractor or anyone directly or indirectly employed by either of them. The minimum amounts of insurance shall be as follows: Commercial General Liability (or in combination with an umbrella policy) $2,000,000 Each Occurrence $2,000,000 Products/Completed Operations Aggregate $2,000,000 Annual Aggregate The following coverages shall be included: Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Professional Liability $1,000,000 with a deductible maximum of $125,000. Automobile Liability $2,000,000 Combined Single Limit – Bodily Injury & Property Damage Including Owned, Hired & Non-Owned Automobiles Workers Compensation Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Employer’s Liability with minimum limits are as follows: $500,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $500,000 – Bodily Injury by Accident The Contractor shall, prior to commencing the Services, deliver to the City a Certificate of Insurance as evidence that the above coverages are in full force and effect. The Page 117 of 257 5 209971 Contractor’s policies shall be the primary insurance to any other valid and collectible insurance available to the City with respect to any claim arising out of Contractor’s performance under this Agreement. All insurance policies (or riders) required by this Agreement shall be (i) Taken out by the Contractor and maintained with responsible insurance companies organized under the laws of one of the states of the United States and qualified to do business in the State of Minnesota, (ii) Shall contain a provision that coverage afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of premium. (iii) Shall name Contractor as an insured party and City as an additional insured with respect to General Liability, Auto Liability, and umbrella policies on a primary and non-contributory basis, (iv) Shall be in accordance with specifications approved by the insurance advisory for City, and (v) Shall be evidenced by a Certificate of Insurance listing City as an additional insured which shall be filed with the City. Certificates of Insurance that do not meet these requirements will not be accepted. Certificates of Insurance shall include the policy endorsements showing the City named as additional insured on a primary and non-contributory basis. 16. INDEPENDENT CONTRACTOR. The City hereby retains the Contractor as an independent contractor upon the terms and conditions set forth in this Agreement. The Contractor is not an employee of the City and is free to contract with other entities as provided herein. Contractor shall be responsible for selecting the means and methods of performing the work. Contractor shall furnish any and all supplies, equipment, and incidentals necessary for Contractor's performance under this Agreement. City and Contractor agree that Contractor shall not at any time or in any manner represent that Contractor or any of Contractor's agents or employees are in any manner agents or employees of the City. Contractor shall be exclusively responsible under this Agreement for Contractor's own FICA payments, workers compensation payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if any such payments, amounts, or taxes are required to be paid by law or regulation. 17. SUBCONTRACTORS. Contractor shall not enter into subcontracts for services provided under this Agreement without the express written consent of the City. Contractor shall comply with Minnesota Statute § 471.425. Contractor must pay Subcontractor for all undisputed services provided by Subcontractor within ten days of Contractor’s receipt of payment from City. Contractor must pay interest of 1.5 percent per month or any part of a month to Subcontractor on any undisputed amount not paid on time to Subcontractor. The minimum monthly interest penalty payment for an unpaid balance of $100 or more is $10. Page 118 of 257 6 209971 18. ASSIGNMENT. Neither party shall assign this Agreement, nor any interest arising herein, without the written consent of the other party. 19. WAIVER. Any waiver by either party of a breach of any provisions of this Agreement shall not affect, in any respect, the validity of the remainder of this Agreement. 20. ENTIRE AGREEMENT. The entire agreement of the parties is contained herein. This Agreement supersedes all oral agreements and negotiations between the parties relating to the subject matter hereof as well as any previous agreements presently in effect between the parties relating to the subject matter hereof. Any alterations, amendments, deletions, or waivers of the provisions of this Agreement shall be valid only when expressed in writing and duly signed by the parties, unless otherwise provided herein. 21. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. 22. COPYRIGHT. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. 23. RECORDS. The Contractor shall maintain complete and accurate records of time and expense involved in the performance of services. 24. MINNESOTA GOVERNMENT DATA PRACTICES ACT. Contractor must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to (1) all data provided by the City pursuant to this Agreement, and (2) all data, created, collected, received, stored, used, maintained, or disseminated by the Contractor pursuant to this Agreement. Contractor is subject to all the provisions of the Minnesota Government Data Practices Act, including but not limited to the civil remedies of Minnesota Statutes Section 13.08, as if it were a government entity. In the event Contractor receives a request to release data, Contractor must immediately notify City. City will give Contractor instructions concerning the release of the data to the requesting party before the data is released. Contractor agrees to defend, indemnify, and hold City, its officials, officers, agents, employees, and volunteers harmless from any claims resulting from Contractor’s officers’, agents’, city’s, partners’, employees’, volunteers’, assignees’ or subcontractors’ unlawful disclosure and/or use of protected data. The terms of this paragraph shall survive the cancellation or termination of this Agreement. 25. TERMINATION. This Agreement may be terminated by City on two (2) days’ written notice delivered to Contractor at the address on file with the City. Upon termination under this provision if there is no fault of the Contractor, the Contractor shall be paid for services rendered and reimbursable expenses until the effective date of termination. If the City terminates the Agreement because the Contractor has failed to perform in accordance with this Agreement, no further payment shall be made to the Contractor, and the City may retain another Contractor to undertake or complete the work identified in this Agreement. Page 119 of 257 Page 120 of 257 Page 121 of 257 Page 122 of 257 Page 123 of 257 Page 124 of 257 Page 125 of 257 Page 126 of 257 Page 127 of 257 Quote Tabulation Contractor Base Bid Overtime Rate Project Duration cfs Interiors and Flooring $39,202.00 $48, 860 5-7 days National Flooring Contractors $37,041.81 $39,812.79 5-7 days Floors by Farmer $42,796.95 $45,296.95 TBD Hertaus Floors No Response No Response No Response Page 128 of 257 Date: 2/2/2026 Agreement for Purchase Residential Water Meters Proposed Action Staff recommends adoption of the following motion: Move to approve the purchase of water meters from Ferguson Waterworks. Overview Lakeville provides metered water service to residential, commercial, and industrial customers in Lakeville. This order replenishes the residential meter inventory we use for repairs, replacements, and new construction. The Utilities Division requested a quote from Ferguson Waterworks for compatible water meters used with our fixed base meter reading system. Ferguson Waterworks provided a quote for $155,000.00. Ferguson Waterworks is the sole source for Neptune meters that are fully compatible with our fixed base reading system. Staff recommends approval of this purchase. Supporting Information 1. Ferguson Quote 2. Neptune Sole Source Letter Financial Impact: $155,000.00 Budgeted: Yes Source: Water Fund Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Shane Quade, Utilities Superintendent Page 129 of 257 FERGUSON WATERWORKS #2518 1694 91ST AVE NE BLAINE, MN 55449-4311 Phone: 763-560-5200 Fax: 763-560-1799 Deliver To: From:Brian Rollins brian.rollins@ferguson.com Comments: HOW ARE WE DOING? WE WANT YOUR FEEDBACK! Scan the QR code or use the link below to complete a survey about your bids: https://survey.medallia.com/?bidsorder&fc=2518&on=24675 17:18:41 JAN 27 2026 FERGUSON WATERWORKS #2518 Price Quotation Phone: 763-560-5200 Fax: 763-560-1799 Bid No:B182050 Bid Date:01/27/26 Quoted By:BRR Cust Phone:952-985-4400 Terms:NET 10TH PROX Customer:CITY OF LAKEVILLE 18400 IPAVA AVE W ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Ship To:CITY OF LAKEVILLE 18400 IPAVA AVE W ATTN: ACCOUNTS PAYABLE 20195 HOLYOKE AVE LAKEVILLE, MN 55044 Cust PO#:Job Name: Page 1 of 1 Item Description Quantity Net Price UM Total NED2D11RPDG11 LF 3/4 SL T10 MTR P/C R900I USG 500 310.000 EA 155000.00 Net Total:$155000.00 Tax:$0.00 Freight:$0.00 Total:$155000.00 Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE Due to the uncertain impact of potential tariffs, Ferguson's quotation/proposal has not included any provision or contingency for future tariffs or increase of existing tariffs. Ferguson reserves the right to adjust prices to reflect the impact of any new or increased tariffs that affect our costs at the time of shipment. Ferguson will provide notice of any such adjustments along with documentation supporting the changes. CONTRACTOR CUSTOMERS: IF YOU HAVE DBE/MBE/WBE//VBE/SDVBE/SBE GOOD FAITH EFFORTS DIVERSITY GOALS/ REQUIREMENTS ON A FEDERAL, STATE, LOCAL GOVERNMENT, PRIVATE SECTOR PROJECT, PLEASE CONTACT YOUR BRANCH SALES REPRESENATIVE IMMEDIATELY PRIOR TO RECEIVING A QUOTE/ORDER. ARE NOT FIRM UNLESS NOTED OTHERWISE. https://www.ferguson.com/content/website-info/terms-of-sale LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water systems anticipated for human consumption. Products with *NP in the description are NOT lead free and can only be installed in non-potable applications. Buyer is solely responsible for product selection. Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or on the web at Govt Buyers: All items are open market unless noted otherwise. Page 130 of 257 January 16, 2026 Shane Quade City of Lakeville 18400 Ipava Ave Lakeville, MN 55044 Ref.: Ferguson Water Works - Sole Authorized Distributor - State of Minnesota Shane: Neptune Technology Group Inc is pleased to affirm that Ferguson Water Works is the sole authorized distributor in the State of Minnesota for Neptune RF meter reading equipment and software, Neptune water meters and Neptune parts. Ferguson Water Works is authorized by Neptune to submit an offer for Neptune water meters and related products. Thank you for your interest in Neptune products. If you have any questions, please contact your local Ferguson Water Works representative, Brian Rollins, at (319) 631-3174, or your local Neptune representative, Ian Coburn at (334) 220-9318 . Sincerely, Ian Coburn Ian Coburn Senior Territory Manager MN, IA, WI, SD, ND, NE Page 131 of 257 Date: 2/2/2026 Agreement with Castle Rock Contracting & Tree Service, LLC for Lake Marion Trail Tree Removals Proposed Action Staff recommends adoption of the following motion: Move to approve the Agreement with Castle Rock Contracting & Tree Service, LLC for Lake Marion Trail Tree Removals. Overview The Lake Marion Trail project is a cooperative project between the City of Lakeville and Dakota County which will improve existing trail segments and add new trail segments between downtown Lakeville and Ritter Farm Park. In addition to the trail improvements, a new restroom and shelter building will be constructed in Ritter Farm Park, and a gateway trailhead will be installed at the west end of 209th Street. The project is identified in the 2026-2035 CIP. The construction portion of the project will be open for bidding later this winter and constructed during the summer and fall of 2026. Tree removal, clearing and grubbing need to be completed before March 13th to limit the potential spread of oak wilt and support the protection of the surrounding woodlands. This portion of the project includes a 2.3 acre corridor within Ritter Farm Park to allow a new trail section to be constructed. In January, the City requested quotes from three contractors for tree clearing and grubbing services. Two quotes were received. The successful quote was provided by Castle Rock Contracting & Tree Service, LLC in the amount of $48,580. At this time, Staff is recommending the Mayor and City Council approve the Agreement with Castle Rock Contracting & Tree Service, LLC in the amount of $48,580. Supporting Information 1. Agreement for Lake Marion Tree Removals 2. Castle Rock Proposal Financial Impact: $48,580.00 Budgeted: Yes Source: Park Dedication Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Mark Kruse, Parks Superintendent Page 132 of 257 Page 133 of 257 Page 134 of 257 Page 135 of 257 Page 136 of 257 Page 137 of 257 Page 138 of 257 Page 139 of 257 Page 140 of 257 Page 141 of 257 Page 142 of 257 Page 143 of 257 Page 144 of 257 Page 145 of 257 Page 146 of 257 Page 147 of 257 Page 148 of 257 Page 149 of 257 Date: 2/2/2026 Resolution Approving Charitable Gambling for Lakeville Lions Club Proposed Action Staff recommends adoption of the following motion: Move to approve a resolution granting approval to Lakeville Lions Club to conduct lawful gambling at Crystal Lake Golf Club. Overview Lakeville Lions Club has applied to the State of Minnesota Gambling Control Board to conduct gambling activities at Crystal Lake Golf Club, 16725 Innsbrook Drive. The application requires a resolution of approval by the City Council. Supporting Information None Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: A Sense of Community and Belonging Report Completed by: Ann Orlofsky, City Clerk Page 150 of 257 CITY OF LAKEVILLE RESOLUTION NO._________ RESOLUTION APPROVING CHARITABLE GAMBLING FOR LAKEVILLE LIONS CLUB WHEREAS, the City of Lakeville received an application from the Lakeville Lions Club to conduct gambling activities at Crystal Lake Golf Club, 16725 Innsbrook Drive; and WHEREAS, Lakeville Lions Club is a qualified organization. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lakeville grants approval to Lakeville Lions Club to conduct gambling activities at Crystal Lake Golf Club, 16725 Innsbrook Drive. ADOPTED by the Lakeville City Council this 2nd day of February, 2026. CITY OF LAKEVILLE: _________________________ Luke M Hellier, Mayor ATTEST: _________________________ Ann Orlofsky, City Clerk Page 151 of 257 Date: 2/2/2026 Resolution Approving Appointments to City Council Committees and Inter-Agencies Proposed Action Staff recommends adoption of the following motion: Move to approve appointments to City Council committees and inter-agencies. Overview Each year, the City Council makes appointments to various internal and external committees and agencies. The attached resolution reflects the City Council's discussion at its annual goal setting retreat. Supporting Information 1. Council Committee Assignments 2026 Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Good Value for Public Service Report Completed by: Taylor Snider, Assistant to the City Administrator Page 152 of 257 CITY OF LAKEVILLE RESOLUTION NO. 26- RESOLUTION APPROVING APPOINTMENTS TO CITY COUNCIL COMMITTEES AND INTER-AGENCIES WHEREAS, the City Council believes it to be advantageous to facilitate the duties and responsibilities of the City Council by Committee and Inter-agency assignments. NOW, THEREFORE, BE IT RESOLVED that the following City Council committees and inter- agencies are hereby established, and appointments thereto are approved for 2026: INTERNAL COMMITTEE/COMMISSION COUNCIL MEMBERS (*STAFF) MEMBER(S) ALTERNATE Economic Development Commission Hellier (Ex-officio) *Miller (Ex-officio) Fire Relief Association Lee (Ex-officio) *Meyer, *Stahl (Municipal Trustees) Liquor Committee Lee Bermel N/A Personnel Committee Wolter Volk N/A Public Safety Committee Lee Wolter N/A EXTERNAL COMMITTEE/COMMISSION ALF Ambulance Bermel Hellier Dakota 911 Board of Directors (Two-year term 2024-2025) Bermel Wolter Lakeville Arenas Board of Directors Volk *Miller Bermel I-35 Solutions Alliance Wolter *Johnson *Oehme League of Minnesota Cities (including appointments/ subcommittees on behalf of LMC) All City Council N/A Page 153 of 257 Metro Cities (including appointments/ subcommittees on behalf of Metro Cities) All City Council N/A Housing and Redevelopment Authority All City Council N/A Municipal Legislative Commission (MLC) Hellier *Miller N/A Opioid Response Advisory Committee Wolter N/A Airlake Airport Advisory Commission (ALAAC) Bermel *Goodroad Volk *Bachmayer Dakota Mayor/ Manager Meetings Hellier *Miller N/A Downtown Lakeville Business Association Volk Hellier Chamber of Commerce Access and Issues Committee Lee Wolter N/A Regional Council of Mayors (including associated groups/ committees) Hellier Bermel LOGIS Board of Directors *Kuennen *Miller Lakeville Area Historical Society *Snider (Ex-officio) ADOPTED by the Lakeville City Council this 2nd day of February 2026. Luke Hellier, Mayor Ann Orlofsky, City Clerk Page 154 of 257 Date: 2/2/2026 Policies 360 Software Service Agreement Proposed Action Staff recommends adoption of the following motion: Move to approve the Policies 360 Software Service Agreement. Overview Policies 360 provides subscription-based law enforcement policies and through online software. This software provides policy support and legal counsel in relation to law enforcement policies and offers recommendations in alignment with state statutes and POST model policies. Supporting Information 1. Lakeville PD LETAC Policies360 Contract - Revised Financial Impact: Year 1: $27,731.50 / 2026 Onboarding and Annual Management Year 2: $17,128.10 / 2027 Annual Management Year 3: $17,983.80 / 2028 Annual Management Budgeted: Yes Source: Year 1: 2026 Training Budget Year 2 & 3: Administrative Budget Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Brad Paulson, Chief of Police Page 155 of 257 1 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department SOFTWARE AS A SERVICE AND HOSTING SUBSCRIPTION AGREEMENT This SOFTWARE AS A SERVICE AND HOSTING SUBSCRIPTION AGREEMENT (“Agreement”) is effective as of January 16, 2026 (“Effective Date”) and is made and entered into by and between the Lakeville Police Department, a municipal corporation located at 9237 183rd Street, Lakeville, MN 55044 (“Subscriber”), and LETAC, a division of Eckberg Lammers, P.C., a Minnesota corporation, located at 1809 Northwestern Avenue, Stillwater, MN 55082 (“Licensor”). Subscriber and Licensor are referred to individually as a “Party” and collectively as “Parties”. RECITALS A. Licensor has developed, owns and provides online, subscription-based law enforcement policies as described in Exhibit A (“Policies360”); and B. Subscriber desires to license, access and utilize Policies360 as a benefit to its organization; and C. The Parties mutually agree Policies360 be made available to Subscriber and its employees under the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the foregoing express promises and the mutual covenants hereinafter set forth, Subscriber and Licensor hereby agree as follows: 1. AGREEMENT; TERM 1.1. Subject to early termination of this Agreement by Subscriber as provided herein, Licensor shall provide the Services for the term of sixty (60) months commencing on the Commencement Date. 1.2. Subscriber shall have the option, exercisable at its sole discretion, to extend the term for up to twenty-four (24) months by giving Licensor notice in writing at least ninety (90) days before the date on which this Agreement would otherwise expire. 1.3. If Subscriber exercises the option provided in Article 1.2 to extend the term, Subscriber shall have further options, exercised at its sole discretion, to extend the term for up to an additional twenty-four (24) months by giving Licensor notice in writing at least ninety (90) days before the date on which this Agreement, as extended pursuant to Article 1.2, would otherwise expire. Page 156 of 257 2 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department 1.4. Licensor shall notify Subscriber, at least sixty (60) days prior to the end of the current term, of any proposed increase in the fee for the extension of the term. If such notice is not provided by Licensor at least sixty (60) days prior to the end of the current term, the fees for the extension period cannot be increased. 2. DEFINITIONS The following terms, when used in this Agreement, shall have the meanings provided below: “Authorized Users” shall mean employees, representatives, consultants, contractors, or agents of Subscriber whom Subscriber has authorized to use the Services and to whom Licensor has supplied user identifications and passwords. “Claims” shall mean any of the following, including any combination thereof: causes of action (in rem or in personam), assertions, demands, allegations, proceedings, suits, losses, liabilities, fines, penalties, costs, damages, judgments, awards, and expenses, including court costs and attorneys’ fees, and sums paid by way of settlement and compromise. “Commencement Date” means the date Subscriber first accesses the Systems and begins using the Services. “Indemnify” shall mean defend, indemnify, and hold harmless; and terms such as “Indemnified”, “Indemnifying”, “Indemnification”, “Indemnity”, “Indemnitor”, and “Indemnitee” shall have appropriately correlative meanings and be construed accordingly. “Licensor Technology” means all of Licensor’s proprietary technology (including software, hardware, products, processes, algorithms, user interfaces, know-how, techniques, designs, documentation, and other tangible or intangible technical material or information) made available to Subscriber by Licensor in providing the Services. “Personal Data” means any first or last name, physical address, email address telephone number, other information that allows physical or online contacting of an individual, or other identity employment information, employee identification number, biometric identification data, or other individually identifiable information that may be accessible to Licensor because of Subscriber using the Services. “Services” means the specific edition of Licensor’s Policies360, its online policies, manuals and software application identified in Exhibit A, developed, operated, maintained and hosted by Licensor and made accessible designated website or IP address, and ancillary online or offline products and services provided to Subscriber by Licensor, to which Subscriber is being granted access under this Agreement, including the Licensor Technology and Systems. “Subscriber Data” means any technology, intellectual property, data, information, or material provided or submitted by Subscriber to the Systems in the course of using the Services. Subscriber Data shall include Personal Data. Page 157 of 257 3 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department “Systems” means the application software, network servers, hardware, software, and data operations utilized by Licensor for the provision of Services. 3. LICENSE GRANT 3.1. In consideration of the fees Subscriber shall pay to Licensor as set forth in Exhibit B of this Agreement and the remaining obligations of Subscriber as set forth herein, Licensor grants to Subscriber and Subscriber accepts a nonexclusive non-transferable worldwide license for Subscriber and Authorized Users to access and use the Services set forth in Exhibit A. Subscriber agrees that only Authorized Users shall access and use the Services. 4. OWNERSHIP 4.1. Licensor transfers no right, title, or interest in and to Licensor Technology or the Systems except as expressly stated in this Agreement, and the same shall remain the sole and exclusive property of the Licensor. 4.2. All right, title, and interest in and to the Subscriber Data and results from processing Subscriber Data are and shall remain the property of Subscriber and no right, title, or interest in and to Subscriber Data or the results from processing Subscriber Data shall vest in Licensor. 5. HOSTING, SECURITY, PRIVACY, BACKUP, AND SUPPORT 5.1. Licensor shall provide a dedicated and secure hosting environment for the Services, which shall include, but not be limited to, all hardware, servers, operating software, network components, database storage, security, technical support, maintenance, backup, and disaster recovery required for Subscriber to use the Services, or otherwise required by this Agreement. 6. AVAILABILITY AND MAINTENANCE 6.1. The Services shall be accessible to Authorized Users twenty-four (24) hours a day, seven (7) days a week, except for (i) scheduled maintenance and required repairs; and (ii) any interruption due to causes beyond the control of Licensor or which are not reasonably foreseeable by Licensor. 6.2. Licensor shall perform maintenance services, updates, or upgrades to ensure continuous availability and operation of the Systems. Licensor shall use commercially reasonable efforts to inform Subscriber of any known or foreseeable disruptions to the availability of the Services. Page 158 of 257 4 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department 7. USE AND ACCESS 7.1. Subscriber shall be responsible for obtaining access to the internet to access and use the Services and complete the implementation and set-up process as set forth in Exhibit A to access the Services. 7.2. Subscriber is entirely responsible for maintaining the confidentiality of any passwords and account information required for access to the Services, and for all acts by Subscriber or anyone authorized by Subscriber to access Subscriber’s account that occur in connection with Subscriber’s account 7.3. Subscriber shall not use the Services or the Licensor Technology for any purpose that is (i) unlawful; or (ii) not specifically agreed to by this Agreement. 7.4. Subscriber shall not without the express written consent of Licensor, copy, sell, sublicense, rent, or lease any portion of the Service, including all, updates, training and or revisions to said Services that may be periodically provided to Subscriber. 7.5. Except for a violation of Sections 7.3, 7.4 and 7.6 hereof, or Subscriber's failure to timely pay invoices as set forth in Section 8 hereof, Subscriber shall continue to have unrestricted use of the Services in accordance with the terms and conditions of this Agreement during any dispute between Subscriber and Licensor, provided Subscriber is proceeding in good faith to resolve such dispute. 7.6. Licensor acknowledges that nothing in this Agreement restricts Subscriber from copying, or reproducing, physical copies of the Services, policies, and manuals identified in Exhibit A, for use by the Subscriber during the term of the contract and if complying with authorized public data request as required by Minnesota law. 7.7. Subscriber may designate Authorized Users, such persons being able to use the Services for the exclusive benefit of Subscriber. Except as set forth hereinabove, Subscriber shall not assign, convey or transfer any interest in and to the Services without the written consent of the Licensor. 8. INVOICING, PAYMENT, AND TAXES: 8.1. Subscriber shall pay the fees set forth in Exhibit B. Within thirty-five (35) days of Subscriber’s receipt of an invoice from Licensor, together with all required supporting documentation, Subscriber shall pay, or cause to be paid, the amount of such invoice. Any sum due that is not paid within thirty-five (35) days of the invoice receipt date shall bear interest from the due date thereof to the date of payment at a rate of interest equal to one- and one-half percent (1 ½ %) per month or the maximum rate permitted by law, whichever is less. Subscriber shall pay all costs of collection, including legal expenses, court costs and attorney fees at any time incurred by Licensor in the collection of any amounts owing by Subscriber to Licensor. Page 159 of 257 5 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department 8.2. Licensor may invoice, and Subscriber shall pay to Licensor, such applicable sales, use, excise, or other similar taxes (federal, state, or local) that Licensor is required by law to apply to the fees set forth in Exhibit B. Any such tax amounts shall be clearly and separately stated on Licensor’s invoices. 9. WARRANTIES 9.1. Performance. Licensor warrants and represents that the Services will perform the functions described in the documentation and specifications provided by Licensor identified in Exhibit A. 9.2. Non-Infringement Warranty. Licensor warrants and represents that when used in accordance with this Agreement, the Services, Systems, and Licensor Technology shall not infringe upon or violate any copyright, patent, trademark, trade secret, or any other proprietary right of any third party. 9.3. Limitations on Warranties. IN CONSIDERATION OF THE WARRANTIES EXPRESSLY PROVIDED IN THIS ARTICLE 9 AND THE ACCESSIBILITY COMMITMENT IN ARTICLE 6, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED. 9.4. Internet Delays. THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. LICENSOR IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. 9.5. Exclusive Remedies. Subscriber's exclusive remedies and Licensor's entire liability for any breach of the warranties specified in this Article 9, except as expressly provided otherwise in this Agreement, shall be the correction of the breach of warranty and the remedies provided in Article 6. However, if Licensor is unable to effect the correction without undue delay for the circumstances, Subscriber shall be entitled to terminate this Agreement, and the remedies defined in Article 14 shall apply. 10. INTELLECTUAL PROPERTY INDEMNITY 10.1. If a Claim of violation of copyright, trade secret, or other intellectual property rights relating to the Services, Systems, or Licensor Technology provided under this Agreement is made against Subscriber, Subscriber shall: (i) promptly notify Licensor; (ii) allow Licensor to control the litigation or settlement of such Claim; and (iii) cooperate with Licensor in the investigation, defense, and/or settlement thereof. Subscriber retain the right to participate at their own cost in any action in which Subscriber is named as a defendant. Page 160 of 257 6 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department 10.2. If a Claim of violation of copyright, trade secret, or other intellectual property rights relating to the Services, Systems, or Licensor Technology provided under this Agreement is made against Subscriber, and Subscriber has complied with Section 10.1 above, Licensor shall defend Subscriber for copyright, trade secret, and other intellectual property violations claimed at Licensor’s expense, including any settlement, or final judgement of the court for costs, damages, and attorney fees. 10.3. Should any portion of the Services or intended use thereof become, or in Licensor’s reasonable opinion be likely to become, the subject of a Claim for infringement of a copyright, or other proprietary right, Licensor shall at its option either (i) promptly and diligently modify or replace such portion to make it non-infringing, without degradation to functionality; or (ii) terminate this Agreement and refund fees pursuant to Article 14.3. 11. DISCLAIMER 11.1 Nothing in this Agreement shall be construed to create an attorney–client relationship between Licensor and Subscriber. Any consultations, discussions, or support provided by Licensor under this Agreement are strictly limited to assisting with the use and implementation of the licensed materials and shall not constitute legal advice. Subscriber is solely responsible for obtaining independent legal counsel regarding compliance with applicable laws, regulations, or legal obligations. Licensor expressly disclaims any responsibility or liability arising from Subscriber’s legal, regulatory, or compliance decisions. 12. LOSS 12.1. LICENSOR SHALL NOT BE LIABLE TO SUBSCRIBER FOR AND SUBSCRIBER SHALL RELEASE AND INDEMNIFY LICENSOR FROM AND AGAINST ANY LOSS SUFFERED BY SUBSCRIBER OR ANY THIRD-PARTY CLAIM OF LOSS RESULTING FROM OR ARISING OUT OF OR OCCURRING IN CONNECTION WITH SERVICES, SYSTEMS, POLICIES, OR LICENSOR TECHNOLOGY, OR THIS AGREEMENT. ALL SYSTEMS AND POLICIES SUBJECT TO THIS AGREEMENT WERE PROVIDED FOR SUBSCRIBER’S EXCLUSIVE USE AND ADOPTED AT THE SOLE DISCRETION OF THE SUBSCRIBER. 12.2. SUBSCRIBER AGREES TO AND UNDERSTANDS THAT LICENSOR HAS MADE REASONABLE EFFORTS TO COMPLY WITH AND ADHERE TO ALL APPLICABLE STATUTES, OPINIONS, LAWS, AND INDUSTRY STANDARDS IN EFFECT AT THE TIME OF CREATION. SUBSCRIBER SHALL RELEASE AND INDEMNIFY LICENSOR FROM AND AGAINST ANY LOSS SUFFERED BY SUBSCRIBER RESULTING FROM OR ARISING OUT OF OR OCCURRING IN CONNECTION WITH THIS AGREEMENT. Page 161 of 257 7 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department 14. TERMINATION AND REMEDY 14.1. Termination of Agreement for Cause. Licensor and Subscriber each have the right to terminate this Agreement and pursue injunctive relief if the other Party breaches or is in default of any material obligation under this Agreement, when such a breach or default (i) is incapable of cure; or (ii), being capable of cure, has not been cured within thirty (30) days after receipt of written notice of breach or default. 14.2. Termination for Convenience. This Agreement may be terminated by either Party at the annual anniversary date of each year of the Subscription Term by written notice to the other Party at least thirty (30) days prior to the anniversary date of the Subscription Term. 14.3. Remedy. In the event Subscriber terminates this Agreement pursuant to Article 14.1 or Article 14.2 Licensor shall return to Subscriber any prepaid payments it received for the terminated portion of the Agreement. 14.4. Subscriber Data. Upon termination or expiration of this Agreement, Licensor shall remove from its servers and return to Subscriber all Subscriber Data or provide Subscriber access for a reasonable period (but, in any event, no more than 180 days) after termination or expiration in order to gather and facilitate a transfer of all Subscriber Data. Notwithstanding the foregoing, Licensor shall be permitted to retain one archival copy of the Subscriber Data, and Licensor shall represent to Subscriber that the same is retained for archival purposes only and any possible litigation arising thereunder, and for no other purpose. 15. GOVERNING LAW 15.1. THE INTERPRETATION AND PERFORMANCE OF THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF MINNESOTA, EXCEPT FOR ANY RULE OF LAW OF THE STATE OF MINNESOTA, WHICH WOULD MAKE THE LAW OF ANY OTHER JURISDICTION APPLICABLE. 15.2. The Parties specifically agree that, if any provision of this Agreement is determined to be unenforceable or in contravention of any applicable law, such provision shall be deemed modified to the minimum extent required to bring such provision into compliance with said statute or case law. NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS CONTRAVENING THE EXPRESS INTENTION OF THE PARTIES THAT THE LAWS OF THE STATE OF MINNESOTA SHALL APPLY IN ALL RESPECTS, UNLESS AND EXCEPT TO THE EXTENT THAT THE PARTIES MAY REFERENCE AND REQUEST APPLICATION OF A LAW, STATUTE, OR RULE OF ANOTHER JURISDICTION OR GOVERNMENTAL BODY IN A SPECIFIC PROVISION OF THIS AGREEMENT. Page 162 of 257 8 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department 16. DISPUTE RESOLUTION 16.1. All actions and proceedings arising out of or related, in whole or in part, to this Agreement shall lie exclusively in the state courts of Washington County, Minnesota. Both Parties hereby irrevocably submit to the exclusive jurisdiction of such courts (and, in the case of appeals, appropriate appellate courts therefrom) in any such action or proceeding and irrevocably waive the defenses of lack of personal jurisdiction or any inconvenient forum to the maintenance of any such action or proceeding. 17. DATA AND CONFIDENTIAL INFORMATION 17.1. During the term of this Agreement, the Parties may provide information to each other or come into possession of information which is considered confidential (“Confidential Information”). Confidential Information shall include Subscriber Data, Licensor Technology, and information which is marked as “confidential” or “proprietary” or would reasonably be assumed to be confidential based on its content or the context surrounding its disclosure. 17.2. Licensor specifically agrees that all Subscriber Data (including Personal Data) is and shall always remain the exclusive property of Subscriber, and Licensor shall not access, download, or make use of the Subscriber Data for any reason other than for the purposes of providing the Services or as otherwise required by applicable law. 17.3. Upon expiration or termination of this Agreement, and as directed by the disclosing Party, each Party will promptly (i) return to the other Party all the Confidential Information of the other Party; or (ii) erase and destroy all copies of the Confidential Information of the other Party in its possession and certify destruction of the same except as otherwise provided under the Minnesota data retention laws. 17.4. Data Practices Act. All government data collected, created, received, maintained or disseminated for any purpose by the Parties pursuant to this Agreement shall be governed by the provisions of the Minnesota Government Data Practices Act, Minn. Stat. §§ 13.01 et seq. (“the Data Practices Act”). Licensor agrees to comply with the Data Practices Act as it applies to any data provided to it by the Subscriber or third parties, and further agrees to cooperate and assist Subscriber staff in complying with any data practices requests arising out of, or related to, information generated or submitted via the Services. Trade Secret Information. “Trade secret information” means all data defined under Minn. Stat. § 13,37 (General Nonpublic Data), as may be amended. It shall be the responsibility of Licensor to clearly mark any trade secret materials supplied to the Subscriber in performance of this Agreement, including a statement with the submission of such information justifying the trade secret designation for each item. Licensor agrees to defend any action seeking release of materials it believes to be trade secret and indemnify and hold harmless the Subscriber, its agents and employees, from any and all judgments or damages awarded against the Subscriber in favor of the party requesting the materials, and any and all costs connected with such defense. Licensor agrees that this indemnification survives as long as the trade secret materials are in possession of the Subscriber. Page 163 of 257 9 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department Security and Retention of Subscriber Data. For purposes of this Agreement, “Subscriber data” means “government data” as defined by the Data Practices Act, Minn. Stat. § 13.02 subd. 7, as may be amended. Licensor shall maintain industry- appropriate administrative, physical and technical safeguards for the protection of the security, confidentiality and integrity of the Subscriber data. Licensor agrees to backup and retain Subscriber data for not less than five (5) years from the date of receipt or submission, except as may otherwise be required by law. 18. ACCESS TO SUBSCRIBER’S SYSTEMS AND NETWORKS 18.1. Subscriber shall determine the portions of Subscriber’s System and/or Network to which the Accessing Parties will have access and will designate such portions of the System and Network in writing. No Accessing Party shall access or attempt to access any portion of Subscriber’s System or Network except as expressly permitted hereunder. 18.2. SUBSCRIBER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND EXPRESSLY DISCLAIMS THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY WITH RESPECT TO SUBSCRIBER’S SYSTEM AND NETWORK. 19. ASSIGNMENT 19.1 Licensor may freely assign, transfer, and novate this Agreement without any obligation to obtain the prior written consent of Subscriber. Subscriber shall not assign, transfer, or novate this Agreement, in whole or in part, without the prior written consent of Licensor. Any assignment in violation of this Article 19.1 shall be null and void. 20. GENERAL 20.1 Headings. The captions and headings used in this Agreement are for convenience only and shall not be used for purposes of construction or interpretation. 20.2 Non-Waiver. No waiver by either Party of any one or more defaults by the other Party in performance of this Agreement shall operate or be construed as a waiver of any future default or defaults by the same Party, whether of a like or a different character. 20.3 Amendment. No change to any term or provision hereof shall be effective unless stated in writing and signed by the duly authorized representatives of both Parties. 20.4 Right to Defend. Each Party shall notify the other immediately upon the commencement of any action brought and the outcome of which may affect the rights of the other Party herein granted, and such other Party shall have the right at its own expense to appear in and defend such actions. Page 164 of 257 10 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department 20.5 Severability. It is intended that if any provision of this Agreement is determined to be unenforceable or void for any reason, such provision shall be adjusted, if possible, to achieve the intent of the Parties. In any event, all other provisions of this Agreement shall be deemed valid, binding, and enforceable. 20.6 Legal Representation and Language Construction. Each Party has had the opportunity to be represented by counsel in connection with the drafting and negotiation of this Agreement, and the Parties agree that this Agreement and the terms hereof shall not be construed more severely against one of the Parties than the other. Specifically, but not by limitation, the Parties agree that no term of this Agreement shall be construed more severely against the Party deemed to be the drafter of such term than against the other Party. 20.7 Entire Agreement. This Agreement reflects the entire agreement between the Parties with respect to its subject matter. All other oral or written agreements, contracts, understandings, conditions, warranties, or representations with respect to the subject matter of this Agreement are superseded by this Agreement. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their respective duly authorized representatives, effective as of the Effective Date. CITY OF LAKEVILLE LETAC A DIVISION OF ECKBERG LAMMERS, P.C. By: By: Print: Print: Imran S. Ali Title: Title: Executive Director, LETAC Date: Date: Page 165 of 257 11 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department EXHIBIT A SCOPE OF SERVICES 1. GENERAL Licensor will provide Policies360 Law Enforcement Policies and a hosted platform for Policies360 Law Enforcement Policies Software. The platform provides Subscriber the ability to receive law enforcement policies and provides a platform to deliver, access, manage, audit and report on Policies360 Law Enforcement Policies 2. SUMMARY OF SERVICES: Policies360 is a web-based Law Enforcement Policy management system created to increase understanding, access, retention, proficiency, and efficiency in locating and understanding Law Enforcement Policies by eliminating unnecessary processes and providing enhanced targeted knowledge management systems. All policy storage, retrieval, updating, auditing, reporting and proprietary knowledge management systems are performed online. Policies360 is used by law enforcement agencies to protect the public, officers and municipalities from unnecessary risk and harm by providing comprehensive policies and intuitive knowledge management systems to promote public safety. With Policies360 you can: • Receive, sort and manage policies • Automatically route or complete tickets • Search for current policies • Access to policies • Manage policy updates • Eliminate unnecessary procedures from policies Policies360 include the following: • Complete and comprehensive Law Enforcement Policy Manual • Online access to Policies 24/7 • Integrated intuitive Knowledge Management System • Policy Update notifications • Compliance and reporting • Support for locations and users • Web-based application access • Setup, credentialling and configuration • Telephone support, upgrades and maintenance • Current auditing and reporting • Fully redundant and secure data center Page 166 of 257 12 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department 3. IMPLEMENTATION AND SET-UP PROCESS Outlined in Policies360 Implementation & Security Forms 4. DETAILS OF SERVICES Policies360 include: LETAC Law Enforcement Policy Manual Automated MN Law Enforcement Policy Manual Periodic policy updates Policy Monitoring Automated Notifications of Compliance Employee recognition Auditing Auditing and Reporting Completion Detail and Summary Reports Export Reports to Multiple Formats Seven Years of Archived Data Custom Reporting Tool Intuitive Knowledge Management Systems Interactive Learning Support Online support Data Security Data Integrity Data Center Redundancy Network Redundancy Data Redundancy Page 167 of 257 13 © Policies360 by LETAC, a division of Eckberg Lammers, P.C. | Lakeville Police Department EXHIBIT B FEES SUMMARY OF FEES Based on 73 FTE/PTE Officers Policies360 2026 Policies360 Onboarding, Included Customization and Annual Management 2027 Policies360 Annual Management 2028 Policies360 Annual Management $27,731.50 $17,128.10 $17,983.80 Contract pricing is based on the number of officers at the effective date of the agreement for the term of the agreement and adjusted for the number of officers prior to the effective date of any subsequent extension period. Page 168 of 257 Date: 2/2/2026 Conditional Use Permit for 19730 Judicial Road Proposed Action Staff recommends adoption of the following motion: Move to approve a conditional use permit to allow the combination of accessory buildings to exceed the gross floor area of the principal structure and adopt the findings of fact for the property at 19730 Judicial Road. Overview John Kalthoff has submitted an application on behalf of the property owner of 19730 Judicial Road for a conditional use permit to allow the combination of accessory building square footage to be greater in floor area than the gross floor area of the principal structure. The property is 11.41 acres in area and zoned RA, Rural/Agricultural District. The applicant is proposing to construct a 3,024 square foot (72’ x 42’) detached accessory building and with the existing attached garage (768 square feet), there would be a total of about 3,792 gross square feet of accessory buildings. According to Dakota County GIS, the finished square footage of the home is 3,076 square feet. City code allows the combined accessory building square footage to exceed the size of the principal structure by CUP. The Planning Commission held a public hearing regarding the CUP application at the January 15, 2026 meeting and unanimously recommended approval with the stipulations listed in the attached CUP form. There was no public comment. Supporting Information 1. CUP, Findings, PC Minutes 2. Staff Report and Exhibits Financial Impact: NA Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Heather Botten, Senior Planner Page 169 of 257 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 26-_____ 19730 Judicial Road 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby approves a Conditional Use Permit to allow the combination of accessory buildings and garages to exceed the gross floor area of the principal structure: 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: The West 753.60 feet of the South 1/2 of the North 1/2 of the Southwest 1/4 of Section 23, Township 114, Range 21, Dakota County, Minnesota. And reserving an easement over the West 40 feet and South 55 feet thereof for roadway purposes. 3. Conditions. This conditional use permit is issued subject to the following conditions: a. The accessory building shall be constructed in the general location identified on the site plan approved with the conditional use permit. b. Exterior building materials shall conform with the standards and criteria in section 11- 17-9 of the Zoning Ordinance. c. The detached accessory building shall be kept, used, and maintained in a manner that is compatible with the existing single-family home on the property and shall not present a hazard to the public health, safety and general welfare. d. Sanitary sewer service shall not be provided to the detached accessory building, and the detached accessory building shall not be used as a dwelling. Page 170 of 257 2 e. No home occupation shall be conducted within any attached or detached accessory building on the property. No attached or detached accessory building on the property shall be used for the operation of any commercial business or storage of commercial equipment. f. A building permit application shall be submitted to and approved by the Building Inspections Department prior to commencing construction. g. The existing shed on the property shall be removed prior to the issuance of the certificate of occupancy for the proposed detached accessory building. 4. Revocation. The City may revoke the conditional use permit for cause upon determination that the conditional use permit is not in conformance with the conditions of the permit or is in continued violation of the city code or other applicable regulations. 5. Expiration. This conditional use permit shall expire unless the applicant commences the authorized use within one year of the date of this conditional use permit unless an extension is approved by the Zoning Administrator. DATED: February 2, 2026 CITY OF LAKEVILLE BY: _____________________________ Luke M. Hellier, Mayor SEAL BY: _____________________________ Ann Orlofsky, City Clerk STATE OF MINNESOTA ) ( COUNTY OF DAKOTA ) Page 171 of 257 3 The foregoing instrument was acknowledged before me this 2nd day of February, 2026 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 172 of 257 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT 19730 JUDICIAL ROAD FINDINGS OF FACT AND DECISION On January 15, 2026 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of John Kalthoff, on behalf of the property owner, for a conditional use permit to allow the combined accessory building area to be greater than the principal structure in the RA, Rural/Agricultural district on property located at 19730 Judicial Road. The Planning Commission conducted a public hearing on the proposed conditional use permit preceded by published and mailed notice. The property owner was present and the Planning Commission heard testimony from all interested persons wishing to speak. Now therefore, the City Council hereby adopts the following: FINDINGS OF FACT 1. The property is located in Planning District No. 7 of the 2040 Comprehensive Land Use Plan, which guides the property for rural density residential use. 2. The property is zoned RA, Rural/Agricultural District 3. The legal description of the property is: The West 753.60 feet of the South 1/2 of the North 1/2 of the Southwest 1/4 of Section 23, Township 114, Range 21, Dakota County, Minnesota. And reserving an easement over the West 40 feet and South 55 feet thereof for roadway purposes. 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Page 173 of 257 2 Finding: The single-family home and existing and proposed accessory buildings are consistent with the 2040 Comprehensive Land Use Plan and District 7 recommendations of the Comprehensive Plan. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: Provided compliance with the conditional use permit, the proposed accessory building will be compatible with existing and future land uses in the area. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: The proposed detached accessory building will conform with all performance standards contained in the Zoning Ordinance and the City Code as allowed by this conditional use permit. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject property is not served with City sanitary sewer or water. The attached accessory building square footage will have no impact on the City’s service capacity. e. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: The proposed building will not overburden the streets serving the property. 5. The planning report dated January 5, 2026 prepared by Heather Botten, Senior Planner, is incorporated herein. DECISION The City Council approves the conditional use permit in the form attached hereto. DATED: February 2, 2026 CITY OF LAKEVILLE BY: ________________________ Luke M. Hellier, Mayor SEAL BY: ________________________ Ann Orlofsky, City Clerk Page 174 of 257 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES RELATING TO ITEM 5.a January 15, 2026 Members Present: Chair Christine Zimmer, Vice Chair Scott Einck, John Swaney, Jason Swenson, Amanda Tinsley, Mark Traffas, Ex-Officio Jeff Hanson Members Absent: Pat Kaluza Staff Present: Kris Jenson, Planning Manager; Tina Goodroad, Community Development Director, Heather Botten, Senior Planner; Dawn Erickson, Community Development Recorder 5a. 19730 Judicial Road Chair Zimmer opened the public hearing to consider the application of John Kalthoff on behalf of the property owners, Steve and Sarah Mealman, for a conditional use permit (CUP) to allow the combination of accessory buildings to exceed the gross floor area of the principal structure in the RA, Rural/Agricultural District, located at 19730 Judicial Road. Steve Mealman introduced the project. Senior Planner Heather Botten presented the staff report. The property is 11.41 acres in area and is zoned RA, Rural/Agricultural District. The applicant is proposing to construct a 3,024 square foot (72’ x 42’) detached accessory building and with the existing attached garage (768 square feet), there would be a total of about 3,792 gross square feet of accessory buildings. According to Dakota County GIS, the finished square footage of the home is 3,076 square feet. City code allows the combined accessory building square footage to exceed the size of the principal structure by CUP. The property owner has stated the proposed building would be used for family recreational purposes and personal storage. Community Development Department staff recommend approval of the conditional use permit. Chair Zimmer opened the hearing to the public for comment. There was no public comment. Motion was made by Swenson, seconded by Einck to close the public hearing at 6:06 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Zimmer asked for comments from the Planning Commission. • Commissioner Swenson expressed his support for the project. Page 175 of 257 Planning Commission Meeting Minutes, January 15, 2026 Page 2 Motion was made by Traffas, seconded by Swaney to recommend to City Council approval of the conditional use permit to allow the combination of accessory buildings to exceed the gross floor area of the principal structure and the findings of fact, subject to the following stipulations: 1. The accessory building shall be constructed in the location identified on the site plan approved with the conditional use permit. 2. The detached accessory building shall be kept, used and maintained in a manner that is compatible with the existing single-family home on the property and shall not present a hazard to the public health, safety and general welfare. 3. Sanitary sewer service shall not be provided to the detached accessory building, and the detached accessory building shall not be used as a dwelling. 4. No home occupation shall be conducted within any attached or detached accessory building on the property. No attached or detached accessory building on the property shall be used for the operation of any commercial business or storage of commercial equipment. 5. A building permit application shall be submitted to and approved by the Building Inspections Department prior to commencing construction. 6. The existing shed on the property shall be removed prior to the issuance of the certificate of occupancy for the proposed detached accessory building. Ayes: Traffas, Zimmer, Einck, Swaney, Swenson, Tinsley Nays: 0 Page 176 of 257 Page 177 of 257 Page 178 of 257 Page 179 of 257 Page 180 of 257 Page 181 of 257 Page 182 of 257 Page 183 of 257 Page 184 of 257 Page 185 of 257 Date: 2/2/2026 Conditional Use Permit for 21300 Juniper Way - Lakeville Soccer Club Proposed Action Staff recommends adoption of the following motion: Move to approve the conditional use permit to allow a commercial recreation facility in the OP, Office-Park District and adopt the findings of fact for Lakeville Soccer Club. Overview Forrest Randall, on behalf of Lakeville Soccer Club, has submitted a conditional use permit application and plans for an indoor commercial recreation facility to be located at 21300 Juniper Way. The applicant is proposing to use approximately 21,000 square feet of the new 190,000 square foot multi-tenant building for indoor turf fields, along with office and meeting space. Section 11-75-7.B allows commercial recreation facilities in the OP, Office-Park District subject to approval of a conditional use permit. The applicant has stated the anticipated hours of operation for the indoor recreation use would be Monday – Friday, 3:00 pm – 10:00 pm and weekends 8:00 am – 10:00 pm. The maximum number of participants (coaches, players, and staff) in the proposed space at one time would be 56 occupants, with most of the participants getting dropped off and picked up. The Planning Commission held a public hearing on January 15, 2026, to consider the conditional use permit request and no public comments were received. The Planning Commission unanimously recommended approval of the conditional use permit, subject to two stipulations. Supporting Information 1. CUP, Findings of Fact, PC Minutes 2. Staff Report and Exhibits Financial Impact: NA Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Heather Botten, Senior Planner Page 186 of 257 1 (Reserved for Dakota County Recording Information) CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT NO. 26-____ 1. Permit. Subject to the terms and conditions set forth herein, the City of Lakeville hereby approves a Conditional Use Permit for Lakeville Soccer Club, to allow approximately 21,000 square feet of a multi-tenant building as an indoor commercial recreation use in the OP, Office-Park District located at 21300 Juniper Way. 2. Property. The permit is for the following described property in the City of Lakeville, Dakota County, Minnesota: Lot 1, Block 1, Lakeville 35 Logistics Center North Addition, according to the recorded plat thereof, Dakota County, Minnesota. 3. Conditions. This conditional use permit is issued subject to the following conditions: a. No H (Hazardous) Occupancy tenants are allowed in the multiple tenant industrial building as long as the commercial recreation use is a tenant in the same building. b. The current tenant and any future tenants of the building being jointly occupied by this commercial recreation use shall submit Material Data Safety Sheets (MSDS) to the City including and periodic updates at they might occur. 4. Revocation. The City may revoke the conditional use permit for cause upon determination that the conditional use permit is not in conformance with the conditions of the permit or is in continued violation of the city code or other applicable regulations. Page 187 of 257 2 5. Expiration. This conditional use permit shall expire unless the applicant commences the authorized use within one year of the date of this conditional use permit unless an extension is approved by the Zoning Administrator. DATED: February 2, 2026 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 February 2026 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 188 of 257 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA CONDITIONAL USE PERMIT LAKEVILLE SOCCER CLUB FINDINGS OF FACT AND DECISION On January 15, 2026 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application of Lakeville Soccer Club for a conditional use permit to allow an indoor commercial recreational use in the OP, Office-Park District located at 21300 Juniper Way. The Planning Commission held a public hearing on the proposed conditional use permit preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The property is located in Planning District No. 6 of the 2040 Comprehensive Plan, which guides the property for Industrial use. 2. The property is currently zoned OP, Office-Park. 3. The legal description of the property is: Lot 1, Block 1, Lakeville 35 Logistics Center North Addition according to the recorded plat thereof, Dakota County, Minnesota. 4. Section 11-4-3E of the City of Lakeville Zoning Ordinance provides that a conditional use permit may not be issued unless certain criteria are satisfied. The criteria and our findings regarding them are: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The proposed commercial recreation use is consistent with the policies and provisions of Planning District 6 of the 2040 Comprehensive Land Use Plan. b. The proposed use is or will be compatible with present and future land uses of the area. Page 189 of 257 2 Finding: The proposed commercial recreation use is compatible with surrounding office park uses provided compliance with the stipulations of the conditional use permit. c. The proposed use conforms with all performance standards contained in the Zoning Ordinance. Finding: The proposed commercial recreation use conforms to the performance standards set forth in the Zoning Ordinance given compliance with the stipulations of the conditional use permit. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The proposed use will not overburden the City’s sanitary sewer and water systems and can be served with existing public services. d. Traffic generation by the proposed use is within capabilities of streets serving the property. Finding: Traffic generation from the commercial recreation use can be accommodated with the existing streets serving the property. 5. The planning report dated January 5,2026 prepared by Heather Botten, Senior Planner is incorporated herein. DECISION The City Council approves the conditional use permit in the form attached hereto. DATED: February 2, 2026 CITY OF LAKEVILLE BY: ___________________________ Luke M. Hellier, Mayor SEAL BY: ___________________________ Ann Orlofsky, City Clerk Page 190 of 257 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES RELATING TO ITEM 5.c LAKEVILLE SOCCER CLUB January 15, 2026 Members Present: Chair Christine Zimmer, Vice Chair Scott Einck, John Swaney, Jason Swenson, Amanda Tinsley, Mark Traffas, Ex-Officio Jeff Hanson Members Absent: Pat Kaluza Staff Present: Kris Jenson, Planning Manager; Tina Goodroad, Community Development Director, Heather Botten, Senior Planner; Dawn Erickson, Community Development Recorder 5c. Lakeville Soccer Club Chair Zimmer opened the public hearing to consider the application of Lakeville Soccer Club, for a conditional use permit to allow a commercial recreation facility in the O-P, Office Park District located at 21300 Juniper Way. Jim Beard, Finance Manager for Lakeville Soccer Club, introduced the project. Ms. Botten presented the staff report. Lakeville Soccer Club is proposing to use approximately 21,000 square feet for indoor turf fields along with office and meeting space. The recently opened Lakeville 35 Logistics Center is a 190,000 square foot multi-tenant building; Pickle in the Middle Indoor Pickleball Courts recently opened in the building. The applicant has stated the anticipated hours of operation for the indoor recreation use would be Monday – Friday, 3:00 pm – 10:00 pm and weekends 8:00 am – 10:00 pm. This may overlap with the busy times of the other indoor commercial recreation use on the property but will more than likely differ than the typical industrial peak demand. The two indoor commercial recreation uses would occupy approximately 33% of the 190,000 square foot building. Community Development Department staff recommend approval of the conditional use permit. Chair Zimmer opened the hearing to the public for comment. There was no public comment. Motion was made by Einck, seconded by Traffas to close the public hearing at 6:41 p.m. Voice vote was taken on the motion. Ayes – unanimous Chair Zimmer asked for comments from the Planning Commission. Page 191 of 257 Planning Commission Meeting Minutes, January 15, 2026 Page 2 • Chair Zimmer asked if they are keeping the existing facility or combining to the new location. Mr. Beard stated the plan is to bring all of their activities to this location. • Commissioner Einck inquired if the facility use is primarily for training and practice. Mr. Beard stated the facility will be used primarily for training and practice during the winter months, however there may be some opportunity to have adult three on three or five on five games, and they are currently exploring programming options. • Commissioner Swenson stated that the parents will appreciate having the practices closer and expressed support for this use. He inquired if there is a cap of how much of the facility can be used for these types of uses. Ms. Botten stated the OP district does not have a cap; however, the building owner has a maximum number of commercial recreational uses that they will rent to. • Commissioner Traffas asked about the possibility of industrial traffic in the future and whether the applicant is fine with it. Mr. Beard stated they are not concerned about industrial traffic as they have different times of use. Motion was made by Einck, seconded by Tinsley to recommend to City Council approval of the conditional use permit for a commercial recreation facility in the OP, Office Park district subject to the following stipulations, and the findings of fact. 1. No H (Hazardous) Occupancy tenants are allowed in the multiple tenant industrial building as long as the commercial recreation use is a tenant in the same building. 2. The current tenant and any future tenants of the building being jointly occupied by this commercial recreation use shall submit Material Safety Data Sheets (MSDS) to the City including any periodic updates as they might occur. Ayes: Einck, Swaney, Swenson, Tinsley, Traffas, Zimmer Nays: 0 Page 192 of 257 Page 193 of 257 Page 194 of 257 Page 195 of 257 Page 196 of 257 Page 197 of 257 Page 198 of 257 Page 199 of 257 Page 200 of 257 Page 201 of 257 Page 202 of 257 Page 203 of 257 Date: 2/2/2026 Proposal from Lano Equipment, Inc. for Kubota RTVX2C Proposed Action Staff recommends adoption of the following motion: Move to accept Proposal from Lano Equipment, Inc. for the purchase of a Kubota RTVX2C. Overview Unit 3268, a 2016 Kubota 1100, experienced catastrophic engine failure. After discussing options with Fleet and Finance staff, the Parks department recommends replacing the unit with a new Kubota. The Kubota is an essential part of our Park Maintenance fleet. This unit is primarily utilized to operate as our athletic field striper. We rely on this unit to continue to meet the expectations of park users. At this time, staff is recommending the Mayor and City Council approve the purchase of the Kubota RTVX2C from Lano Equipment, Inc. through the Sourcewell Cooperative Purchasing Contract in the amount of $26,244.63. Supporting Information 1. Lano Equipment Proposal 1.28.26 Financial Impact: $26,244.63 Budgeted: No Source: Equipment Fund Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and Recreational Opportunities Report Completed by: Mark Kruse, Parks Superintendent Page 204 of 257 Quote Provided By Lano Equipment, Inc. Scott Fahey 6140 Hwy 10 NW Ramsey, MN 55303 email: scott_f@lanoequip.com phone: 6122230510 Standard Features Custom Options V Series RTVX2CSKLH1 * * * EQUIPMENT IN STANDARD MACHINE * * * DIESEL ENGINE Model Kubota D1105 3 Cyl. 68.5 cu in +23.3 Gross Eng HP 75 Amp Alternator TRANSMISSION VHTX Variable Hydro Transmission Forward Speeds: Low 0 15 mph High 0 25 mph Reverse 0 17 mph Limitedslip Front Differential Rear differential lock HYDRAULICS Hydrostatic Power Steering with manual tiltfeature Hydraulic Cargo Dump Hydraulic Oil Cooler FLUID CAPACITY Fuel Tank 7.9 gal Cooling 8.3 qts Engine Oil 4.3 qts Transmission Oil 1.8 gal Brake Fluid 0.4 qts CARGO BOX Width 57.7in Length 40.5 in Depth 11.2 in Load Capacity 1102 lbs Vol. Capacity 15.2 cu ft + Manufacturer Estimate KEY FEATURES Factory Cab with A/C, Heater, Defroster Digital Multimeter Fullyopening rolldown side windows Speedometer Prewired w/ speakers/antenna for stereo Front Independent Adjustable Suspension Rear Independent Adjustable Suspension Brakes Front/Rear Wet Disc Rear Brake Lights / Front Headlights 2” Hitch Receiver, Front and Rear Deluxe 60/40 split bench seats with driver's side seat adjustment Underseat Storage Compartments Deluxe Front Guard (radiator guard, bumper, and lens guard) DIMENSIONS Width 63.2 in Height 81.9 in Length 120.3 in Wheelbase 80.5 in Tow Capacity 1300 lbs Ground Clearance 10.4 in Suspension Travel 8 in Turning Radius 13.1 ft SAFETY EQUIPMENT SAE J2194 & OSHA 1928 ROPS Horn Dashmounted Parking Brake Spark Arrestor Muffler Retractable 2point Seat Belts TIRES AND WHEELS ATV Tire 25 x 10 12, 6 ply HDMP Tires 25 x 10 12, 6 ply RTVX2CSKLH1 Base Price:$31,399.00 Selected Kubota Attachments (1) Turn Signal/Hazard Light Kit K774199610Turn Signal/Hazard Light Kit $298.02 (1) LED REAR WORK LIGHT KIT (1) 7770011812LED REAR WORK LIGHT KIT (1) $99.99 (1) STROBE LIGHT MOUNT KIT 77700VC5058STROBE LIGHT MOUNT KIT $187.95 (2) SINGLE SIDE MIRROR CAB (1) 77700V5059SINGLE SIDE MIRROR CAB (1) $237.64 (1) AM/FM/WX/BT/USB/DAB+/RBDS/CAN HD SHRT DN 7770013485AM/FM/WX/BT/USB/DAB+/RBDS/CAN HD SHRT DN $334.00 Total Kubota Attachments:$1,157.60 Total Attachments:$1,157.60 Configured Price:$32,556.60 Sourcewell Discounts: Kubota Items:($7,162.45) Total Discount:($7,162.45) SUBTOTAL:$25,394.15 Kubota Item Fees: Dealer Assembly:$256.67 Freight Cost:$881.25 PDI:$400.00 K759119613 TURF TIRE W STEEL WHEEL ASSY (4) ILO K712119300 HDMP TIRE/WHEEL ASSY $312.56 TRADE 2016 RTVX1100 SN 23830 AS IS ($1,000.00) Total Unit Price:$26,244.63 Quantity Ordered:1 Final Sales Price:$26,244.63 Purchase Order Must Reflect Final Sales Price. To order, place your Purchase Order directly with the quoting dealer *All equipment specifications are as complete as possible as of the date on the quote. Additional attachments, options, or accessories may be added (or deleted) at the discounted price. All specifications and prices are subject to change. Taxes are not included. The PDI fees and freight for attachments and accessories quoted may have additional charges added by the delivering dealer. These charges will be billed separately. Prices for product quoted are good for 60 days from the date shown on the quote. All equipment as quoted is subject to availability. © 2018 Kubota Tractor Corporation. All rights reserved. RTVX2CSKLH1 WEB QUOTE #2937750 Date: 1/28/2026 11:40:02 AM Customer Information MISKIMEN, PAUL 32442 CITY OF LAKEVILLE pmiskimen@lakevillemn.gov 9529852720 198.143.32.54 Proposal Accepted on February 2, 2026 By: __________________________________ Luke M. Hellier, Mayor By: __________________________________ Ann Orlofsky, City Clerk Page 205 of 257 February 2, 2026 Item No. Resolution Calling Public Hearing On Unpaid Special Charges Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Calling Public Hearing on Unpaid Special Charges. Overview Staff requests that the City Council call a public hearing to be conducted on April 6, 2026 for 2026 spring Unpaid Special Charges. These charges include costs and charges incurred by the City for mowing of grass, removal of weeds, property maintenance on nuisance properties, and unpaid utility bills for closed accounts, false alarm charges and tree removal charges. To recover the unpaid special charges, the City must follow State Statute procedures. Those procedures provide that the City must adopt a resolution declaring the unpaid special charges to be assessed and establish a date for the assessment hearing for those charges. Public notice of the hearing will be mailed to customers and published in the legal newspaper. Delinquent utilities – final bills In addition to certifying the amount delinquent, the City also collects a $50 administrative fee to cover the cost of certification and interest at a rate of 18% per annum of the amount delinquent plus the service charge for the period of April 6, 2026 until December 31, 2027. The certification process affects less than 1% of the Lakeville utility customers. Nuisance Abatement & Unpaid False Alarm Charges The affected parcels will each be assessed the actual contractual cost incurred, re-inspection fees, a $50 administrative fee to cover the cost of the assessment, and interest at a rate of 18% per annum of the amount delinquent plus the service charge for the period April 6, 2026 until December 31, 2027. Nuisance Abatement-Diseased Tree Removal The affected parcels will each be assessed the actual contractual cost incurred, a $50 administrative fee to cover the cost of the assessment, and an interest rate of 4.3% of the amount delinquent plus the service charge for the period April 6, 2026 until the end of the term based on dollar amount below. Term Assessment Amount 1 year $0 - $1,000 3 years $1,001 - $2,999 5 years $3,000 - $4,999 7 years Over $5,000 In the staff’s opinion, certification is the least labor-intensive method of collecting delinquent accounts. It is also the process least likely to foster ill will amongst customers. Supporting Information • Resolution 2026-02-02 Calling Public Hearing Unpaid Special Charges Page 206 of 257 Page 207 of 257 CITY OF LAKEVILLE RESOLUTION No______ Resolution Calling Public Hearing on Unpaid Special Charges WHEREAS, Minn. Stat. 444.075, Subd. 3 authorizes the City to certify unpaid sanitary sewer, water and storm sewer charges (“utility charges”) to the County Auditor-Treasurer for collection with taxes; and WHEREAS, Minn. Stat, 429.101 authorizes the City to special assess unpaid streetlight charges, weed elimination from streets or private property and tree removal charges (“special charges”); and WHEREAS, Title 8-5-4 of the City Ordinance authorizes the City to special assess unpaid emergency service charges (“special charges”) to the County Auditor-Treasurer for collection with taxes; and WHEREAS, Title 4-4-15 of the City Ordinance authorizes the City to special assess the abatement of diseased shade trees to the County Auditor for collection with taxes; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville: 1. A public hearing shall be held on the 6th day of April 2026 at the Lakeville Council Chambers, 20195 Holyoke Avenue, at 6:00 p.m. to consider certifying unpaid utility charges, street light charges, weed elimination from streets or private property and tree removal charges to the County Auditor-Treasurer for collection with taxes and assessment of special charges. 2. The City Clerk is hereby directed to cause a notice of the hearing to be published once in the official newspaper at least two (2) weeks prior to the hearing. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the unpaid utility charge, street light charge, weed elimination from street or private property and tree removal charge list not less than two (2) weeks prior to the hearing. ADOPTED this 2nd day of February 2026 by the City Council of the City of Lakeville. CITY OF LAKEVILLE By: ___________________________ Luke M. Hellier, Mayor ATTEST: ________________________________ Ann Orlofsky, City Clerk Page 208 of 257 Date: 2/2/2026 Ordinance Amendment on Licensing Background Checks for Sexually Oriented Businesses and Massage Businesses Proposed Action Staff recommends adoption of the following motion: Move to adopt an ordinance amending Title 1, Chapter 1, and Title 3, Chapters 10, 16, and 21 of the Lakeville City Code, and a summary ordinance for publication. Overview The proposed ordinance amends multiple sections of the Lakeville City Code to clarify licensing background investigation authority, fingerprinting and consent requirements, and applicant cooperation standards for sexually oriented businesses and massage therapy establishments. The updates are intended to ensure compliance with Minnesota Statutes, including Minn. Stat. §299C.77 and Chapter 13, and to create consistent licensing processes across regulated business types. Supporting Information 1. Ordinance 1118 Amendements_Redline 2. Ordinance 1118 Amendements_Clean 3. Summary for Publication Financial Impact: $ Budgeted: No Source: Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Ann Orlofsky, City Clerk Page 209 of 257 237573v4 ORDINANCE NO.1118 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 1, CHAPTER 1 AND TITLE 3, CHAPTERS 10, 16, AND 21 OF THE LAKEVILLE CITY CODE CONCERNING LICENSING BACKGROUND CHECKS FOR SEXUALLY ORIENTED BUSINESSES AND MASSAGE BUSINESSES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1-7-6-1-B of the Lakeville City Code is hereby amended to add the underlined language as follows: B. Criminal History License Background Investigations: The police department is hereby requiredauthorized, as the exclusive entity within the city, to do a criminal history background investigation on the applicants for city permits, licenses, and other approvals. In conducting the criminal history background investigation in order to screen license applicants, the police department is authorized to access data maintained in the Minnesota bureau of criminal apprehensions computerized criminal history information system in accordance with BCA policy and any other state or national criminal background data accessible pursuant to applicable law. Any data that is accessed and acquired shall be maintained at the police department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the computerized criminal history data may be released by the police department to the licensing authority, including the city council, the city administrator, or other city staff involved in the license approval process. Before the investigation is undertaken, the applicant must authorize the police department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minnesota statutes chapter 13 regarding the collection, maintenance and use of the information and Minnesota Statutes, Section 299C.77, as applicable. Except for the positions set forth in Minnesota statutes section 364.09, the city will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the city rejects the applicant's request on this basis, the city shall notify the applicant in writing of the following: 1. The grounds and reasons for the denial. 2. The applicant complaint and grievance procedure set forth in Minnesota statutes section 364.06. 3. The earliest date the applicant may reapply for the license. 4. That all competent evidence of rehabilitation will be considered upon reapplication. (Ord. 878, 4-18-2011) Page 210 of 257 237573v4 SECTION 2. Section 3-10-4-C-3 of the Lakeville City Code is hereby amended to add the underlined language and delete the strikethrough language as follows: 3. Either aA set of classifiable fingerprints suitable for conducting necessary background checks pursuant to this chapter, or the applicant's social security number, to be used for the same purpose and a criminal history records check consent form for a state and national criminal history background check, together with any fees required for the fingerprinting and criminal history records check. SECTION 3. Section 3-10-5-B of the Lakeville City Code is hereby amended to add the underlined language and delete the strikethrough language as follows: B. Approval Of License: Within thirty (30) days after the receipt of a completed application and completed fingerprint background check, the city administrator shall either issue a license, or issue a written notice of intent to deny a license, to the applicant. The city administrator shall approve the issuance of a license unless one or more of the following is found to be true: 1. An applicant is under eighteen (18) years of age. 2. An applicant is delinquent in the payment to the city of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business. 3. An applicant has failed to provide information required under section 3-10-4 of this chapter or which is necessary for issuance of the license or has falsely answered a question or request for information on the application form. 4. An applicant has been convicted of a violation of a provision of this chapter within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. 5. The premises to be used for the sexually oriented business has not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances. 6. TheAny license fee required by this chapter has not been paid, including the license investigation fee. 7. An applicant or the proposed establishment is in violation of or is not in compliance with this chapter. 8. An applicant has been convicted of a crime: a. Involving any of the following offenses: (1) Prostitution as described in Minnesota statutes section 609.321; (2) Solicitation, inducement of promotion of prostitution as described in Minnesota statutes section 609.322; Page 211 of 257 237573v4 (3) Receiving profit derived from prostitution as described in Minnesota statutes section 609.323; (4) Other prohibited acts relating to prostitution as described in Minnesota statutes section 609.324; (5) Obscenity as described in Minnesota statutes section 617.241; (6) Sale, dissemination, distribution, display or exhibition of harmful materials to minors as described in Minnesota statutes sections 617.293 and 617.294; (7) Sexual performance by a child as described in Minnesota statutes section 617.246; (8) Dissemination or possession of child pornography as described in Minnesota statutes section 617.247; (9) Indecent exposure as described in Minnesota statutes section 617.23; (10) Criminal sexual conduct as described in Minnesota statutes sections 609.342, 609.343, 609.344, and 609.345; (11) Incest as described in Minnesota statutes section 609.365; or (12) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses: b. For which: (1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (2) Less than three (3) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a gross misdemeanor offense; (23) Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or (34) Less than five (5) years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of two (2) or more misdemeanor offenses or combination of misdemeanor offenses occurring within any twenty four (24) month period. SECTION 4. Section 3-16-4-B of the Lakeville City Code is hereby amended to add the following underlined language: 8. A set of classifiable fingerprints and a criminal history records check consent form for a state and national criminal history background check, together with any fees required for the fingerprinting and criminal history records check. Page 212 of 257 237573v4 SECTION 5. Section 3-21-4 of the Lakeville City Code is hereby amended to add the underlined language and delete the strikethrough language as follows: Application for a massage therapy center license shall be made on forms provided by the city clerk. The application shall contain: A. A description of the property to be used; B. The names and addresses of the owner, lessee, if any, and the operator or manager; C. The names, residences and addresses of two (2) persons, residents of Dakota County, who may be referred to as to the applicant's, the manager's or operator's character; D. Whether the applicant, manager or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, information as to the time, place, and nature of such crime or offense; and E. A set of classifiable fingerprints and a criminal history records check consent form for a state and national criminal history background check, together with any fees required for the fingerprinting and criminal history records check; and EF. Such other information as the city clerk may require. If the application is made on behalf of a corporation or a partnership, it shall be accompanied by appropriate business records showing the names and addresses of all individuals having an interest in the business and, in the case of a corporation, the names and addresses of the officers and shareholders. Applicants shall furnish to the city with their application documents establishing the applicant's interest in the premises on which the business will be located. Documentation shall be in the form of a lease, a deed, a contract for deed or any other document which establishes the applicant's interest. The application for license shall be signed and sworn to. If the application is by a natural person, it shall be signed and sworn to by such person; if by a partnership, by one of the partners; and if by an unincorporated association, by the manager or managing officer thereof. (Ord. 896, 11-19-2012) SECTION 6. Section 3-21-7-D of the Lakeville City Code is hereby amended to add the following underlined language: D. Licenses shall be issued only to applicants who have provided all of the information requested in the application, have paid the full license fee and investigation fee and have cooperated with the city in review of the application, including cooperating in the background investigation process. SECTION 7. Effective Date. This ordinance shall be effective immediately upon its passage and publication. Page 213 of 257 237573v4 ADOPTED by the City Council of the City of Lakeville, Minnesota this 2nd day of February, 2026. CITY OF LAKEVILLE BY: __________________________ Luke M. Hellier, Mayor ATTEST: ___________________________ Ann Orlofsky, City Clerk Page 214 of 257 237573v4 SUMMARY ORDINANCE NO. 1118 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 1, CHAPTER 1 AND TITLE 3, CHAPTERS 10, 16, AND 21 OF THE LAKEVILLE CITY CODE CONCERNING LICENSING BACKGROUND CHECKS FOR SEXUALLY ORIENTED BUSINESSES AND MASSAGE BUSINESSES NOTICE IS HEREBY GIVEN that on February 2, 2026, Ordinance No. 1118 was adopted by the City Council of the City of Lakeville. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 1118, the following summary of the Ordinance has been prepared for publication: This Ordinance amends Title 1, Chapter 1 and Title 3, Chapters 10, 16, and 21 of the Lakeville City Code concerning clarifying the licensing background check requirements for sexually oriented business and massage businesses pursuant to the requirements of Minnesota Statutes, Section 299C.77. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 2nd day of February, 2026. CITY OF LAKEVILLE BY: _______________________________ Luke M. Hellier, Mayor ATTEST: ____________________________ Ann Orlofsky, City Clerk Page 215 of 257 237573v4 ORDINANCE NO.1118 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 1, CHAPTER 1 AND TITLE 3, CHAPTERS 10, 16, AND 21 OF THE LAKEVILLE CITY CODE CONCERNING LICENSING BACKGROUND CHECKS FOR SEXUALLY ORIENTED BUSINESSES AND MASSAGE BUSINESSES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 1-7-6-1-B of the Lakeville City Code is hereby amended to add the language as follows: B. Criminal History License Background Investigations: The police department is hereby authorized, as the exclusive entity within the city, to do a criminal history background investigation on the applicants for city permits, licenses, and other approvals. In conducting the criminal history background investigation in order to screen license applicants, the police department is authorized to access data maintained in the Minnesota bureau of criminal apprehensions computerized criminal history information system in accordance with BCA policy and any other state or national criminal background data accessible pursuant to applicable law. Any data that is accessed and acquired shall be maintained at the police department under the care and custody of the chief law enforcement official or his or her designee. A summary of the results of the computerized criminal history data may be released by the police department to the licensing authority, including the city council, the city administrator, or other city staff involved in the license approval process. Before the investigation is undertaken, the applicant must authorize the police department by written consent to undertake the investigation. The written consent must fully comply with the provisions of Minnesota statutes chapter 13 regarding the collection, maintenance and use of the information and Minnesota Statutes, Section 299C.77, as applicable. Except for the positions set forth in Minnesota statutes section 364.09, the city will not reject an applicant for a license on the basis of the applicant's prior conviction unless the crime is directly related to the license sought and the conviction is for a felony, gross misdemeanor, or misdemeanor with a jail sentence. If the city rejects the applicant's request on this basis, the city shall notify the applicant in writing of the following: 1. The grounds and reasons for the denial. 2. The applicant complaint and grievance procedure set forth in Minnesota statutes section 364.06. 3. The earliest date the applicant may reapply for the license. 4. That all competent evidence of rehabilitation will be considered upon reapplication. (Ord. 878, 4-18-2011) Page 216 of 257 237573v4 SECTION 2. Section 3-10-4-C-3 of the Lakeville City Code is hereby amended to add the language as follows: 3. A set of classifiable fingerprints and criminal history records check consent form for a state and national criminal history background check, together with any fees required for the fingerprinting and criminal history records check. SECTION 3. Section 3-10-5-B of the Lakeville City Code is hereby amended to add the language as follows: B. Approval Of License: Within thirty (30) days after the receipt of a completed application and completed fingerprint background check, the city administrator shall either issue a license, or issue a written notice of intent to deny a license, to the applicant. The city administrator shall approve the issuance of a license unless one or more of the following is found to be true: 1. An applicant is under eighteen (18) years of age. 2. An applicant is delinquent in the payment to the city of taxes, fees, fines, or penalties assessed against him or her or imposed upon him or her in relation to a sexually oriented business. 3. An applicant has failed to provide information required under section 3-10-4 of this chapter or which is necessary for issuance of the license or has falsely answered a question or request for information on the application form. 4. An applicant has been convicted of a violation of a provision of this chapter within two (2) years immediately preceding the application. The fact that a conviction is being appealed shall have no effect. 5. The premises to be used for the sexually oriented business has not been approved by the fire department and the building official as being in compliance with applicable laws and ordinances. 6. Any license fee required by this chapter has not been paid, including the license investigation fee. 7. An applicant or the proposed establishment is in violation of or is not in compliance with this chapter. 8. An applicant has been convicted of a crime: a. Involving any of the following offenses: (1) Prostitution as described in Minnesota statutes section 609.321; (2) Solicitation, inducement of promotion of prostitution as described in Minnesota statutes section 609.322; (3) Receiving profit derived from prostitution as described in Minnesota statutes section 609.323; Page 217 of 257 237573v4 (4) Other prohibited acts relating to prostitution as described in Minnesota statutes section 609.324; (5) Obscenity as described in Minnesota statutes section 617.241; (6) Sale, dissemination, distribution, display or exhibition of harmful materials to minors as described in Minnesota statutes sections 617.293 and 617.294; (7) Sexual performance by a child as described in Minnesota statutes section 617.246; (8) Dissemination or possession of child pornography as described in Minnesota statutes section 617.247; (9) Indecent exposure as described in Minnesota statutes section 617.23; (10) Criminal sexual conduct as described in Minnesota statutes sections 609.342, 609.343, 609.344, and 609.345; (11) Incest as described in Minnesota statutes section 609.365; or (12) Criminal attempt, conspiracy, or solicitation to commit any of the foregoing offenses: b. For which: (1) Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; (2) Less than three (3) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a gross misdemeanor offense; SECTION 4. Section 3-16-4-B of the Lakeville City Code is hereby amended to add the following language: 8. A set of classifiable fingerprints and a criminal history records check consent form for a state and national criminal history background check, together with any fees required for the fingerprinting and criminal history records check. SECTION 5. Section 3-21-4 of the Lakeville City Code is hereby amended to the language as follows: Application for a massage therapy center license shall be made on forms provided by the city clerk. The application shall contain: A. A description of the property to be used; B. The names and addresses of the owner, lessee, if any, and the operator or manager; Page 218 of 257 237573v4 C. The names, residences and addresses of two (2) persons, residents of Dakota County, who may be referred to as to the applicant's, the manager's or operator's character; D. Whether the applicant, manager or operator has ever been convicted of a crime or offense other than a traffic offense and, if so, information as to the time, place, and nature of such crime or offense; E. A set of classifiable fingerprints and a criminal history records check consent form for a state and national criminal history background check, together with any fees required for the fingerprinting and criminal history records check; and F. Such other information as the city clerk may require. If the application is made on behalf of a corporation or a partnership, it shall be accompanied by appropriate business records showing the names and addresses of all individuals having an interest in the business and, in the case of a corporation, the names and addresses of the officers and shareholders. Applicants shall furnish to the city with their application documents establishing the applicant's interest in the premises on which the business will be located. Documentation shall be in the form of a lease, a deed, a contract for deed or any other document which establishes the applicant's interest. The application for license shall be signed and sworn to. If the application is by a natural person, it shall be signed and sworn to by such person; if by a partnership, by one of the partners; and if by an unincorporated association, by the manager or managing officer thereof. (Ord. 896, 11-19-2012) SECTION 6. Section 3-21-7-D of the Lakeville City Code is hereby amended to add the following language: D. Licenses shall be issued only to applicants who have provided all of the information requested in the application, have paid the full license fee and investigation fee and have cooperated with the city in review of the application, including cooperating in the background investigation process. SECTION 7. Effective Date. This ordinance shall be effective immediately upon its passage and publication. ADOPTED by the City Council of the City of Lakeville, Minnesota this 2nd day of February 2026. CITY OF LAKEVILLE BY: __________________________ Luke M. Hellier, Mayor Page 219 of 257 237573v4 ATTEST: ___________________________ Ann Orlofsky, City Clerk Page 220 of 257 SUMMARY ORDINANCE NO. 1118 CITY OF LAKEVILLE COUNTY OF DAKOTA, MINNESOTA AN ORDINANCE AMENDING TITLE 1, CHAPTER 1 AND TITLE 3, CHAPTERS 10, 16, AND 21 OF THE LAKEVILLE CITY CODE CONCERNING LICENSING BACKGROUND CHECKS FOR SEXUALLY ORIENTED BUSINESSES AND MASSAGE BUSINESSES NOTICE IS HEREBY GIVEN that on February 2, 2026, Ordinance No. 1118 was adopted by the City Council of the City of Lakeville. NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance No. 1118, the following summary of the Ordinance has been prepared for publication: This Ordinance amends Title 1, Chapter 1 and Title 3, Chapters 10, 16, and 21 of the Lakeville City Code concerning clarifying the licensing background check requirements for sexually oriented business and massage businesses pursuant to the requirements of Minnesota Statutes, Section 299C.77. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk’s regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota this 2nd day of February, 2026. CITY OF LAKEVILLE BY: _______________________________ Luke M. Hellier, Mayor ATTEST: ____________________________ Ann Orlofsky, City Clerk Page 221 of 257 Date: 2/2/2026 Comprehensive Plan Amendment and Ordinance Amendment - Lennar Proposed Action Staff recommends adoption of the following motion: Move to approve: 1) a resolution approving Comprehensive Plan Amendment, and 2) an ordinance approving a Zoning Map amendment and 3) adopt the findings of fact. Overview Lennar has submitted applications for roughly 20 acres of land located east of Holyoke Avenue, west of Highview Avenue, and north of Heritage Drive. The property is currently guided Low Density Residential (up to 3 units/acre) in the 2040 Comprehensive Land Use Plan and is proposed to be changed to Low-Medium Density Residential (up to 5 units/acre). The Zoning Map is proposed to be amended from RS-3 Single-Family Residential District to RST-2, Single and Two-Family Residential District, to be consistent with the proposed land use designation of the site. The submitted concept plan illustrates about 12 acres of net developable land with a 46 single- family home development (roughly 3.8 units/acre) If the Comprehensive Plan and Zoning Map amendments are approved by the City Council and Met Council, the developer would prepare a preliminary plat application, which would require a public hearing with the Planning Commission prior to City Council consideration. The preliminary plat stage is when landscaping, setbacks, grading, stormwater, etc. are reviewed for a development. Staff heard from neighbors who have concerns with the additional traffic, impact to the schools, and environmental impacts the proposed land use changes could bring. The findings are based on consistency with the 2040 Comprehensive Plan, existing background studies used to inform that plan, and the City’s knowledge of current and planned infrastructure and service capacities. Holyoke Avenue (major collector roadway), and Highview Avenue and Heritage Drive (minor collector roadways) have the design capacity to accommodate the proposed development. Holyoke Avenue is currently proposed for reconstruction within the city’s CIP for construction in 2029. The future reconstruction of Holyoke Avenue has gone under preliminary engineering and is awaiting a final engineering contract. This project has taken into consideration the development of the subject area and how its potential traffic generation impacts Holyoke Avenue. Final engineering design is anticipated to take place one year prior to construction and will further evaluate both existing and proposed intersection control measures along the corridor. The city has historical wetland data for the property which will be reviewed more thoroughly at the preliminary plat stage, but the proposed concept plan demonstrates the site can be developed Page 222 of 257 at the proposed density while protecting the wetlands as required. Staff has sent an email to the school district letting them know of three minor comprehensive plan amendments that are currently in process, the other two amendments are both for decreases in density. Overall, the number of residential units proposed is decreasing when factoring in all three comprehensive plan amendments. City staff did require the applicant to pay for a sanitary sewer capacity analysis because it directly related to a known system constraint that could be evaluated independent of a specific site design. The study reviewed the property to increase density from Low Density Residential (up to 3 units/acre) to Medium Density Residential (up to 7 units/acre) which could have had a greater impact to the sanitary sewer system. The current request is to change the land use designation to Low-Medium Density. The study concluded that the sanitary sewer system can handle the increased number of units. The Planning Commission held a public hearing at the January 15, 2026 meeting to consider the Comprehensive Plan and Zoning Map amendments. There were four people who spoke during public comment at the public hearing. The main concerns being additional traffic and the direct impact to their properties. The Planning Commission unanimously recommended approval of the Comprehensive Plan Amendment, and Zoning Map amendment. Supporting Information 1. Comp Plan Resolution, Rezoning Ordinance, Findings 2. PC Minutes and Staff Report Financial Impact: NA Budgeted: No Source: Envision Lakeville Community Values: A Home for All Ages and Stages of Life Report Completed by: Heather Botten, Senior Planner Page 223 of 257 1 RESOLUTION 2026-____ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA 2040 COMPREHENSIVE PLAN AMENDMENT LENNAR WHEREAS, on February 2, 2026, the Lakeville City Council met at its regularly scheduled meeting to consider the application by Lennar for approximately 20 acres located east of Holyoke Avenue, west of Highview Avenue, and north of Heritage Drive and, WHEREAS, the property is guided for Low Density Residential land use by the 2040 Comprehensive Plan; the applicant has applied for an amendment to the 2040 Land Use Plan to change the guided land use to Low/Medium Density Residential; and, WHEREAS, the proposed Comprehensive Plan amendment may be processed as an administrative amendment, which does not require notification of adjacent and affected jurisdictions; and, WHEREAS, the 2040 Comprehensive Plan provides that the Planning Commission shall consider possible effects of the proposed amendment with its judgment to be based upon, but not limited to, the following factors: a) The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The property is located in Planning District No. 4 of the 2040 Comprehensive Land Use Plan. The proposed comprehensive plan amendment will meet policies outlined in Planning District No. 4. Furthermore, Envision Lakeville establishes a set of community values that guide development and implementation of the 2040 Comprehensive Plan, including proving housing options for people of all ages and stages of life. b) The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed low-medium density residential use is compatible with the single and multiple family residential character of the neighborhood. c) The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Page 224 of 257 2 Finding: The proposed low-medium density residential land use and site improvements illustrated on the concept plan will be required to comply with the requirements of the Zoning Ordinance, Subdivision Ordinance, and City Code and will be evaluated as part of necessary subdivision and zoning applications to develop the property. d) The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject site is within the MUSA and will be served by sanitary sewer and water services. The proposed use will not overburden the City’s service capacity. The proposed development is not considered premature. e) Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site is accessed by Holyoke Avenue, Heritage Drive, and Holt Avenue which can serve the proposed development. The streets accessing the property have adequate capacity to accommodate traffic generated by the proposed use. WHEREAS, the legal description of the property is in Exhibit A. WHEREAS, The Planning Commission conducted a public hearing on the application at its January 15, 2026 meeting, preceded by published and mailed notice, where the applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak, closed the public hearing, and voted to recommend the City Council approve the request. NOW THEREFORE BE IT RESOLVED THAT the City Council approves the application of Lennar to amend the 2040 Comprehensive Plan subject to the approval of the Metropolitan Council and recording of a final plat for the parcels included with the amendment. ADOPTED by the Lakeville City Council this 2nd day of February 2026. CITY OF LAKEVILLE BY:_________________________________ Luke M. Hellier, Mayor ATTEST:____________________________ Ann Orlofsky, City Clerk Page 225 of 257 3 Exhibit A Legal Descriptions: Parcel A: PID No. 22-02000-84-011 South half of Southeast quarter of Southeast quarter of except commencing Southeast corner West 475 feet North 175 feet East 475 feet South 175 feet to beginning Section 20, Township 114, Range 20 Parcel B: PID No. 22-02000-84-012 Part of South half of Southeast quarter of Southeast quarter commencing Southeast corner West 475 feet North 175 feet East 475 feet South 175 feet to beginning Section 20, Township 114, Range 20 Parcel C: PID No. 22-32175-00-030 Outlot C, Heritage Walk Page 226 of 257 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA 2040 COMPRHENSIVE PLAN AMENDMENT LENNAR FINDINGS OF FACT AND DECISION On January 15, 2026 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application by Lennar to consider an amendment to the 2040 Land Use Plan map of the 2040 Comprehensive Plan to reguide property from Low Density Residential to Low/Medium Density Residential. The Planning Commission conducted a public hearing on the application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is guided for LDR, Low Density Residential land uses in the 2040 Comprehensive Land Use Plan. Lennar has applied for an amendment to the 2040 Comprehensive Land Use Plan to change the guided land use to Low-Medium Density Residential. 2. The legal description of the property is: See Attached 3. The 2040 Comprehensive Plan provides that the Planning Commission shall consider possible effects of the proposed amendment with its judgment to be based upon, but not limited to, the following factors: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The property is located in Planning District No. 4 of the 2040 Comprehensive Land Use Plan. The proposed comprehensive plan amendment will meet policies outlined in Planning District No. 4. Furthermore, Envision Lakeville establishes a set of community values that guide development and implementation of the 2040 Comprehensive Plan, including proving housing options for people of all ages and stages of life. b. The proposed use is or will be compatible with present and future land uses of the area. Finding: The proposed low-medium density residential use is compatible with the single and multiple family residential character of the neighborhood. Page 227 of 257 2 c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed low-medium density residential land uses and site improvements illustrated on the concept plan will be required to comply with the requirements of the Zoning Ordinance, Subdivision Ordinance, and City Code and will be evaluated as part of necessary subdivision and zoning applications to develop the property. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject site is within the MUSA and will be served by sanitary sewer and water services. The proposed use will not overburden the City’s service capacity. The proposed development is not considered premature. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site is accessed by Holyoke Avenue, Heritage Drive, and Holt Avenue which can serve the proposed development. The streets accessing the property have adequate capacity to accommodate traffic generated by the proposed use. 5. The planning report dated January 6, 2026 prepared by Heather Botten, Senior Planner is incorporated herein. DECISION The City Council hereby approves the Comprehensive Plan amendment subject to the approval of the Metropolitan Council and recording of a final plat of the parcels included in the amendment. DATED: February 2, 2026 CITY OF LAKEVILLE BY: _______________________ Luke M. Hellier, Mayor BY: _______________________ Ann Orlofsky, City Clerk Page 228 of 257 3 Exhibit A Legal Descriptions: Parcel A: PID No. 22-02000-84-011 South half of Southeast quarter of Southeast quarter of except commencing Southeast corner West 475 feet North 175 feet East 475 feet South 175 feet to beginning Section 20, Township 114, Range 20 Parcel B: PID No. 22-02000-84-012 Part of South half of Southeast quarter of Southeast quarter commencing Southeast corner West 475 feet North 175 feet East 475 feet South 175 feet to beginning Section 20, Township 114, Range 20 Parcel C: PID No. 22-32175-00-030 Outlot C, Heritage Walk Page 229 of 257 ORDINANCE NO. _______ CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING THE LAKEVILLE ZONING MAP RELATED TO LENNAR - HIGHVIEW THE CITY COUNCIL OF THE CITY OF LAKEVILLE ORDAINS: Section 1. The current legal description of the property is: South half of Southeast quarter of Southeast quarter of except commencing Southeast corner West 475 feet North 175 feet East 475 feet South 175 feet to beginning Section 20, Township 114, Range 20 and Part of South half of Southeast quarter of Southeast quarter commencing Southeast corner West 475 feet North 175 feet East 475 feet South 175 feet to beginning Section 20, Township 114, Range 20 and Outlot C, Berean Baptist Church Section 2. The property described above is hereby rezoned from RS-3, Single- Family Residential to RST-2, Single- and Two-Family Residential District. Section 3. The Zoning Map of the City of Lakeville shall not be republished to show the aforesaid rezoning, but the City Clerk shall appropriately mark the Zoning Map on file in the City Clerk’s office for the purpose of indicating the rezoning hereinabove provided for in this Ordinance, and all of the notations, references and other information shown thereon are hereby incorporated by reference and made part of this Ordinance. Section 4. This Ordinance shall be effective upon its passage, publication, and the City Council approval of the final plat of the parcels indicated above. Page 230 of 257 ADOPTED by the Lakeville City Council this 2nd day of February, 2026. CITY OF LAKEVILLE BY:_____________________________ Luke M. Hellier, Mayor ATTEST:____________________________ Ann Orlofsky, City Clerk Page 231 of 257 1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA ZONING MAP AMENDMENT LENNAR FINDINGS OF FACT AND DECISION On January 15, 2026 the Lakeville Planning Commission met at its regularly scheduled meeting to consider the application by Lennar for an amendment to the Zoning Map to rezone property from RS-3, Single Family Residential District to RST-2-, Single- and Two-Family Residential District. The Planning Commission conducted a public hearing on the application preceded by published and mailed notice. The applicant was present and the Planning Commission heard testimony from all interested persons wishing to speak. The City Council hereby adopts the following: FINDINGS OF FACT 1. The subject property is guided for Low Density Residential land use by the 2040 Comprehensive Plan. Lennar has applied for an amendment to the 2040 Land Use Plan to change the guided land use to Low-Medium Density Residential. 2. The subject property is zoned RS-3, Single Family Residential District. Lennar has applied for an amendment to the Zoning Map to change the zoning of the property to RST-2, Single and Two Family Residential District. 3. The legal description of the property is: See Attached 4. Section 11-3-3.E of the City of Lakeville Zoning Ordinance provides that the Planning Commission shall consider possible effects of the proposed amendment. Its judgment shall be based upon, but not limited to, the following factors: a. The proposed action has been considered in relation to the specific policies and provisions of and has been found to be consistent with the official City Comprehensive Plan. Finding: The property is located in Planning District No. 4 of the 2040 Comprehensive Land Use Plan. The proposed Zoning Map amendment will meet policies outlined in Planning District No. 4. Furthermore, Envision Lakeville establishes a set of community values that guide development and implementation of the 2040 Comprehensive Plan, including proving housing options for people of all ages and stages of life. b. The proposed use is or will be compatible with present and future land uses of the area. Page 232 of 257 2 Finding: The proposed low-medium density residential use (single-family homes) is compatible with the single and multiple family residential character of the neighborhood and is consistent with the present and future land uses in the area. c. The proposed use conforms to all performance standards contained in the Zoning Ordinance and the City Code. Finding: The proposed land use shall be required to comply with the requirements of the Zoning Ordinance, Subdivision Ordinance, and City Code and will be evaluated as part of necessary applications to develop the property. d. The proposed use can be accommodated with existing public services and will not overburden the City’s service capacity. Finding: The subject site is within the MUSA and is served within the public service capacity for the development. The proposed use will not overburden the City’s service capacity. e. Traffic generated by the proposed use is within capabilities of streets serving the property. Finding: The subject site is accessed by Holyoke Avenue, Heritage Drive, and Holt Avenue which can serve the proposed zoning of the property. The streets accessing the property have adequate capacity to accommodate traffic generated by the proposed use. 5. The planning report dated January 6, 2026 prepared by Heather Botten, Senior Planner, is incorporated herein. DECISION The City Council hereby approves the Zoning Map amendment, subject to Metropolitan Council approval of the Comprehensive Plan Amendment and recording of a final plat of the parcels included with the amendment. DATED: February 2, 2026 CITY OF LAKEVILLE BY: _________________________ Luke M. Hellier, Mayor BY: ________________________ Ann Orlofsky, City Clerk Page 233 of 257 3 Exhibit A Legal Descriptions: Parcel A: PID No. 22-02000-84-011 South half of Southeast quarter of Southeast quarter of except commencing Southeast corner West 475 feet North 175 feet East 475 feet South 175 feet to beginning Section 20, Township 114, Range 20 Parcel B: PID No. 22-02000-84-012 Part of South half of Southeast quarter of Southeast quarter commencing Southeast corner West 475 feet North 175 feet East 475 feet South 175 feet to beginning Section 20, Township 114, Range 20 Parcel C: PID No. 22-32175-00-030 Outlot C, Heritage Walk Page 234 of 257 CITY OF LAKEVILLE PLANNING COMMISSION MEETING MINUTES RELATING TO ITEM 5.b - LENNAR January 15, 2026 Members Present: Chair Christine Zimmer, Vice Chair Scott Einck, John Swaney, Jason Swenson, Amanda Tinsley, Mark Traffas, Ex-Officio Jeff Hanson Members Absent: Pat Kaluza Staff Present: Kris Jenson, Planning Manager; Tina Goodroad, Community Development Director, Heather Botten, Senior Planner; Dawn Erickson, Community Development Recorder 5b. Lennar Chair Zimmer opened the public hearing to consider the application of Lennar for a Comprehensive Plan amendment to re-guide property from Low Density Residential to Low- Medium Density Residential and a Zoning Map amendment to rezone property from RS-3, Single Family Residential District to RST-2, Single- and Two-Family Residential District. Steve Troskey from Lennar introduced the project. Ms. Botten presented the staff report. Lennar is requesting a comprehensive plan and zoning map amendments for three parcels of land totaling 20.06-acres. The properties are located east of Holyoke Avenue, west of Highview Avenue, and north of Heritage Drive. A sewer capacity report was done at the request of the city and paid for by the applicant. The parcels are near the end of the line, and a study was required to add the proposed increase in units to the sanitary sewer model to confirm compliance. The study confirmed the City’s sanitary sewer system has the capacity to serve the site with the proposed land use and rezoning changes. The proposed RST-2 zoning is compatible with the single and multiple family residential character of the neighborhood and is consistent with the present and future land uses in the area. The single-family home lots to the east would be buffered by a city owned outlot and Highview Avenue. The existing wetlands and proposed site design allow for adequate buffers to adjacent and nearby properties allowing for the proposed increase in density. The submitted concept plan illustrates a potential 46 single-family home development. If the Comprehensive Plan and Zoning Map amendments are approved by the City Council and Met Council, the developer would prepare a preliminary plat application, which would require a Planning Commission public hearing prior to City Council consideration. The preliminary plat stage is when landscaping, setbacks, grading, etc. are reviewed for a development. Page 235 of 257 Planning Commission Meeting Minutes, January 15, 2026 Page 2 Community Development Department staff recommend approval of the Comprehensive Plan amendment and Zoning Map amendment subject to review and approval by Metropolitan Council. Chair Zimmer opened the hearing to the public for comment. Ann Wood, representing the Haglund property at 19874 Holyoke Avenue, asked if their property would also be zoned as single family. She also expressed concern about being landlocked. Jerry Jirik, 19845 Highview Avenue, expressed concern about leaving 12 acres in limbo. He stated there is a street that is dead ended to his back door and feels they should develop it all or not develop any of it. James Blare, 19841 Highview Avenue, expressed concern about being landlocked, as well as if traffic control is being addressed or when it will be addressed. Jessica Feist, 19830 Holyoke Avenue, expressed concern about being landlocked, as well as traffic concerns. Motion was made by Einck, seconded by Swenson to close the public hearing at 6:20 p.m. Voice vote was taken on the motion. Ayes – unanimous Ms. Botten stated the six parcels north of the proposed development are not part of the request and will remain zoned RS-3, Single Family Residential District. As for development of the parcels, that would be for the property owners to discuss with the developer. At the next stage with the preliminary plat, a ghost plat would be required to show how road connections could connect into the single-family homes to the north and how the properties could be developed. Regarding traffic control with All Saints Church, the proposed street location on the east side of Holyoke Avenue was intentionally aligned with the church’s driveway; offset intersections create additional conflict of vehicles on the roadway. Holyoke Avenue is within the City’s Capital Improvement Plan for reconstruction in 2029, with the street designed with these parcels in mind. Chair Zimmer asked for comments from the Planning Commission. • Commissioner Einck asked how many lots there are north of the Berean site. Ms. Botten replied there are six. • Chair Zimmer asked about whether the dead ends in the townhome area to the south are to be opened up to make crossways. Ms. Botten stated there are no changes proposed to the development to the south. • Commissioner Swenson stated this is one step in the process of a multi-step process; the developer will be required to prepare detailed plans for review if the project proceeds. Tonight, it is just the land use change that is being considered. • Chair Zimmer asked for clarification of what is proposed to be built here and what is allowed regarding multi-family homes. Ms. Botten stated apartments would not be allowed in the proposed zoning district or land use guide. Only single family homes, detached townhomes, Page 236 of 257 Planning Commission Meeting Minutes, January 15, 2026 Page 3 and twin homes are permitted in the proposed zoning district. The concept plan is what the developer is intends to propose for the site. • Commissioner Einck stated as part of the second step, the tree preservation plan, wetland mapping, and the like would be done; Ms. Botten confirmed that is accurate. • Chair Zimmer asked Mr. Troskey to confirm that the intent is to build single family homes. Mr. Troskey concurred. • Commissioner Traffas inquired whether Lennar has an interest in developing the property to the north. Mr. Troskey stated they do not have any interest at this time and would like to move forward with the property they have under contract and keep the discussion and approval to the site being discussed now. • Chair Zimmer explained the scope of the Planning Commission. • Commissioner Swenson stated that concerns regarding school capacity, boundary changes, etc. are handled by the school district. The city and the school district do share information about development activity. This land has been zoned for single family for many years and is proposed to be single family, albeit with a slightly higher density than currently permitted. He likes the concept of slightly higher density being the transition zone between the multi-family housing to the south moving to the single-family housing to the north and east. • Commissioner Swaney asked if a traffic study will be conducted after the zoning is approved. Ms. Botten stated that staff is not recommending a study. Motion was made by Swaney, seconded by Tinsley to recommend to City Council approval of the Comprehensive Plan amendment to re-guide property from Low Density Residential to Low- Medium Density Residential and the Zoning Map amendment to rezone property from RS-3, Single Family Residential District to RST-2-, Single- and Two-Family District Residential, and the Findings of Fact, subject to the following stipulations: 1. The Comprehensive Plan Amendment must be approved by Metropolitan Council. 2. The Comprehensive Plan and Zoning Map amendments will go into effect after approval by the City Council and the recording of a final plat for the parcels included in the amendments. Ayes: Zimmer, Einck, Swaney, Swenson, Tinsley, Traffas, Nays: 0 Page 237 of 257 Page 238 of 257 Page 239 of 257 Page 240 of 257 Page 241 of 257 Page 242 of 257 Page 243 of 257 Page 244 of 257 Date: 2/2/2026 Draft Orderly Annexation Agreement with Eureka Township Proposed Action Staff recommends adoption of the following motion: No action needed - for discussion only. Overview Over the past several years, certain property owners in Eureka Township that have property adjacent to City of Lakeville borders have petitioned to have their property annexed into the city limits. Depending on the size of the property, this process is done by ordinance and then submitted to the State of Minnesota for approval. Last year city and township officials began discussions about creating an orderly annexation agreement to address future annexation requests. An agreement would set standards for when property could be annexed into the city. Specifically, the area addressed by this draft agreement roughly follows a line along 225th Street and could possibly add up to 600 acres of property into the city. From a City of Lakeville perspective, this agreement would create economic development opportunities by adding developable land into the city, most likely similar to development in Airlake Industrial Park. Currently, Eureka Township does not have the capability to serve these properties with water and sewer utilities, which is needed for development to occur. Properties within this agreement would not be required to be annexed and could remain in Eureka Township if they wish. This agreement would simply expedite the process if and when they are interested in entering city limits. The attached agreement has been shared with Eureka Township officials, and while there is tentative agreement on many points, the portions in redline have not been agreed to since city staff last met with them. Staff will be prepared to discuss the draft agreement and map and answer any questions that may arise. Supporting Information 1. Proposed Annexation Jan. 2026 2. Draft Orderly Annexation Agreement - City of Lakeville 1-8-26 Page 245 of 257 Financial Impact: N/A Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Justin Miller, City Administrator Page 246 of 257 215th S t W DoddBlvdDoddBlvd215t h S t W 2 1 5 t h S t W CedarAveLakeville Blvd 2 1 5 t h S t W Lakeville Blvd DODD BLVDJUNIPERWAY 21 5 T H S T W LAKEVILLE BLVD CEDAR AVE32 31 28 292921 26 25 24 23 22 18 14 16 12 7 923 1 6 54 30 13 15 11 10 34 332720 19 8 17 F A R M I N G T O NN E W M A R K E TS C O T T C O U N T Y E U R E K A T W P Water Distribution Public Private Well Collection Abandoned Sanitary Sewer Public Private Interceptors/MCES Force Mains Proposed Annexation Areas Lakeville Municipal Boundary Proposed Annexation (Jan. 2026) 225TH ST W Proposed Annexation ¯0 1,000500 Feet Page 247 of 257 REVISED DRAFT 12-1-25 1 Eureka Township Resolution No. ______ City of Lakeville Resolution No. ______ JOINT RESOLUTION FOR ORDERLY ANNEXATION BETWEEN THE TOWN OF EUREKA AND THE CITY OF LAKEVILLE, MINNESOTA WHEREAS, the Town of Eureka (“Town”) and the City of Lakeville (“City”) desire to enter into this joint resolution for orderly annexation (“Joint Resolution”) to provide for the orderly annexation of a certain portion of the Town to the City under the terms and conditions of this Agreement and to set out certain other agreements between the parties; WHEREAS, the City and Town jointly agree to designate the area legally described in the attached Exhibit A and shown on the map attached as Exhibit B (“Annexation Area”) for orderly annexation in accordance with the terms and conditions of this Joint Resolution; WHEREAS, the City and Town published notice on ____________, 2025 of its intent to include the land in the Designated Area in accordance with Minn. Stat. § 414.0325, subd. 1b; WHEREAS, the annexation provided for under this Agreement was initiated by the City and Town, not a petition, and so the requirement of Minn. Stat. §414.0325, subd. 1a, regarding electric utility service does not apply; WHEREAS, the annexation provided for under this Joint Resolution was initiated by the City and Town, not a petition, and so the notice requirement in Minnesota Statutes, section 414.0325, subdivision la regarding electric utility service does not apply; WHEREAS, the extension of sewer, water, and other public services can only be provided in prioritized phases if the process and timing of service requirements are clearly identified and jointly agreed upon in advance of the City’s capital planning, commitment, and expenditure; and WHEREAS, the City and Town desire to accomplish the orderly annexation of the Annexation Area and the extension of municipal services in a mutually acceptable and beneficial manner without the need for a hearing before the Municipal Boundary Adjustments Unit of the Office of Administrative Hearings, or its successor, (“Adjustments Unit”) and with the purpose of avoiding annexation disputes, enter into this Joint Resolution for orderly annexation pursuant to Minn. Sat. § 414.0325. NOW, THEREFORE, the Town and City hereby resolve and agree as follows: 1. Designation of the Annexation Area. The Town and City hereby designate the area legally described in the attached Exhibit A and shown on the map attached as Exhibit B as in need of orderly annexation pursuant to Minnesota Statutes § 414.0325 and in accordance with the terms and conditions of this Joint Resolution. The Annexation Area contains approximately ___ acres, a population of approximately ___, and the current land use type is ____________. Page 248 of 257 REVISED DRAFT 12-1-25 2 2. Confer Jurisdiction. This Joint Resolution confers jurisdiction upon the Adjustments Unit, or its successor, to complete orderly annexations in accordance with the terms of this Joint Resolution. The Town and City mutually state that the Adjustments Unit shall not alter the boundaries of the Annexation Area. This Joint Resolution sets forth all the conditions for annexation of the areas within the Annexation Area and no consideration by the Adjustments Unit is necessary. The parties understand and agree the administrative law judge (“Judge”) assigned to review an annexation shall determine, without a hearing, whether the proposed annexation is eligible for annexation and otherwise complies with the terms of this Joint Resolution. The Judge shall deny any requested annexation that does not comply with this Joint Resolution. If the Judge determines a requested annexation complies with this Joint Resolution, the Judge may review and comment, but shall order the annexation within 30 days after the City submits a resolution requesting annexation. 3. Annexation Eligibility and Process. The City shall only annex land from within the Annexation Area if it eligible for annexation under this Section, and then only in accordance with requirements of this Joint Resolution. (a) Eligibility. The City may annex land within the Annexation Area pursuant to any of the following: (1) The City receives a petition from all of the owners of the land to be annexed requesting annexation into the City; (2) The Town adopts a resolution approving annexation of the identified land; or (3) The Adjustment Unit approves the incorporation of the Town into a city; or (4) The land to be annexed abuts land located within the City. (b) City Not Required to Annex. The City is not required to annex any land for which it receives a petition under this Joint Resolution and instead retains the discretion to determine whether to approve or deny any requested annexation. (c) City Resolution. The City shall act by resolution (each an “Annexation Resolution”) to annex land within the Annexation Area after having completed all applicable procedures as provided in this Joint Resolution. The City’s Annexation Resolution must identify the eligibility criteria that applies to the land being annexed, provide the legal description of the affected land, and include a map showing the land proposed for annexation. (d) Notice to Town. At least 60 days prior to filing an annexation resolution with the Adjustments Unit, the City shall provide the Town a copy of the resolution for review and comment. (e) Objections. If for any reason the Town determines any portion of the land being annexed it is not eligible for annexation under this Joint Resolution, it shall notify the City of its objections within 30 days of receipt of the resolution. The parties agree to meet and work Page 249 of 257 REVISED DRAFT 12-1-25 3 in good faith to attempt to resolve the Town’s objections. If the objections are not resolved within 20 days from the date of the Town’s notice of objection, or such longer period as the parties may agree to, the City may proceed to file the resolution with the Adjustment Unit and the administrative law judge shall determine, without a hearing, whether the proposed annexation complies with the terms and conditions of this Agreement. The parties agree to abide by the administrative law judge’s decision regarding the requested annexation. A denial of an annexation does not preclude the City from filing a new annexation resolution that complies with the terms and conditions of the Joint Resolution. (f) Filing and Costs. The City is solely responsible for preparing and filing its annexation resolutions with the Adjustments Unit, making any corrections to the filing as may be required, and for paying all related fees and costs. 4. Provision of Municipal Services. (a) Utilities. The City shall extend municipal water and wastewater services to the land it annexes under this Joint Resolution as development occurs and City resources allow. The City shall provide all other City services in accordance with applicable City policies and procedures. (collectively, “Municipal Services”) to the land it annexes under this Joint Resolution within eight months of the effective date of the annexation. Municipal Services shall be considered extended for the purposes of this paragraph if City water and wastewater lines are directly adjacent to the annexed land so that Municipal Services are available to the land with the installation of a service lateral, regardless of whether a structure has been constructed on the land. Except for an annexation of the remaining area under Section 3(a)(3) of this Joint Resolution, the City shall not annex any additional land under this Joint Resolution until Municipal Services have been extended to all annexed land. (b) (c) Other Services. The City shall provide other City services to the lands in annexes in the same manner as other land within the City and in accordance with all applicable policies and procedures. 5. Property Taxes. In accordance with Minnesota Statutes § 414.0325, subd. 4b, if an annexation becomes effective on or before August 1st, the City may levy on the annexed land. If the annexation becomes effective after August 1st, the Town may continue to levy on the annexed land and the City shall not impose its levy until the following levy year. 6. Tax Reimbursement. The parties agree the following satisfies the tax reimbursement requirement under Minnesota Statutes § 414.036. (a) Amount. The Town retains the taxes levied on any land that is annexed on or before August 1 of a levy year and collected in the following year. Starting in the first year the City becomes the levying authority on the annexed land, the City shall make a cash payment to the Town to reimburse it for lost tax revenues in accordance with the following schedule: Page 250 of 257 REVISED DRAFT 12-1-25 4 Year City Becomes Taxing Authority Percentage of Town Land Tax Paid to Town Each Year 1st Year 90% 2nd Year 70% 3rd Year 50% 4th Year 30% 5th Year 10% 6th Year 0% (b) Payment. The percentage of land tax the City is required to pay the Town is fixed at the lesser of (i) last amount of land taxes payable to the Town from the annexed land or (ii) the amount of land taxes payable under the City’s tax rate, and does not increase even though the amount of land taxes collected from the land may increase during the reimbursement period. The City shall pay the required amount to the Town within 30 days of the City’s receipt of the first tax distribution in a year. The City may elect at any time to pay the Town the entire outstanding amount of reimbursement payments due in a single payment. The City may retain any land taxes paid on the land that exceed the required payment amount to the Town. (c) Special Assessments. The City shall collect and pay to the Town any outstanding assessments for public improvements or services imposed by the Town under Minnesota Statutes, chapters 429, 365A, or other law, on land being annexed by the City as provided in Minn. Stat. § 414.036. The City shall pay such amounts over to the Town within 30 days of each tax distribution containing the assessed amounts until the assessment, including applicable interest, imposed on the annexed land is paid in full. (d) Outstanding Debt. The City shall collect from the property taxes and forward to the Town any outstanding portion of Town debt attributable to land it annexes that is not being collected as a special assessment. The Town shall provide to the City the information regarding the amount of debt attributable to the land being annexed. The City shall pay such amounts over to the Town within 30 days of each tax distribution containing the debt payment until the debt, including applicable interest, attributable to the land is paid in full. 7. Differential Taxation. Land annexed pursuant to this Joint Resolution shall be subject to differential taxation, as provided in Minnesota Statutes, section 414.035, so that the tax rate applicable to the land after annexation shall be increased in substantially equal proportions over five years from the Town’s tax rate in the year of annexation to the City’s tax rate applicable to similar land in the City. If annexed land develops prior to the completion of the five-year differential period, the City’s full tax rate shall apply to newly developed land based upon the tax assessor’s inclusion of the development in the market value of the land. “Newly developed land” shall mean land that is platted after the date of annexation or land that experiences a change in use to multi-family residential, commercial, or industrial uses after the date of annexation (for example: a new commercial building constructed on previously vacant land in the second year of five-year period, assessor includes the new commercial value in third year, the City’s full tax rate will apply in the third year due to development, which is then payable in the fourth year). Page 251 of 257 REVISED DRAFT 12-1-25 5 8.7. Incorporation of Town. The City agrees to adopt and file a resolution supporting the Town’s incorporation into a city if the Town seeks incorporation under Minnesota Statutes § 414.02. If the Town seeks to incorporate, the City agrees to take no action to oppose such incorporation. If the Town seeks incorporation, the parties agree the proposed boundaries of the new city will not include any of the land within the Annexation Area unless mutually agreed by the City and Town. If the Town seeks incorporation before the City annexes all of the land within the Annexation Area, the remainder of the Annexation Area shall be annexed into the City on or before the effective date of the incorporation. If annexation occurs because of incorporation of the Town, the City shall extend municipal water and wastewater services to the annexed land as development occurs and City resources allow. The City shall provide all other City services in accordance with applicable City policies and procedures. 9.8. Planning and Land Use Regulations. The parties agree the Town shall continue to plan and administer its land use and subdivision regulations within the Annexation Area. Once land is annexed into the City, as of the effective date of the annexation the land shall become subject to the City’s land use and subdivision regulations, as well as all other applicable City rules, regulations, and policies. 10.9. Road Maintenance. When the City annexes up to or across a Town road right-of-way, that portion of the road, and any segment of the road between that portion and the City’s boundary, become a City street and the City shall become responsible for maintaining it in the same manner as its other streets, unless the City and the Town agree otherwise in writing with respect to a particular road. For any annexation by the City pursuant to this Joint Resolution, responsibility for maintenance of affected roads shall be governed by Minn. Stat. § 414.038, as may be amended from time to time. 11.10. Authorization. The appropriate officers of the City and Town are hereby authorized to carry the terms of this Joint Resolution into effect. 11. No Further Annexation. The City agrees not to annex any land from the Town that is located outside of the Annexation Area unless the Town agrees to the annexation and the parties enter into a separate orderly annexation agreement providing for the annexation of the additional area. 12. Dispute Resolution. If there is a disagreement as to the interpretation or implementation of the Joint Resolution, the City and Town shall implement the following dispute resolution procedures in the sequence provided: (a) Negotiation. Upon written notice from one party to the other party requesting dispute resolution, representatives of the City and Township will meet a minimum of one time at a mutually convenient time and place to attempt to resolve the dispute through negotiation. Such meeting shall occur within 45 days of receipt of the notice by the non-noticing party. Failure of the non-noticing party to cooperate in the scheduling of the meeting within the 45-day period shall be deemed a waiver of this requirement and the noticing party may proceed to give notice of a demand for mediation. Commented [JM1]: We would like to discuss how to address what happens if the parcels being proposed to remain in the township desire to be annexed and/or want to develop. Page 252 of 257 REVISED DRAFT 12-1-25 6 (b) Mediation. If negotiation is not successful, or is deemed waived as provided in Section 13(a), one party may demand by written notice that the parties participate in a minimum of one mediation session with a mutually agreed upon mediator to resolve the dispute. Such mediation shall be scheduled within 45 days of receipt of the notice by the non-noticing party. If mediation cannot occur within 45 days due to unavailability of a mutually agreed upon mediator, then mediation shall occur as soon as is practicable. (c) Adjudication. If mediation is not successful, the parties may seek relief through initiation of an action in a court of competent jurisdiction, which may include, but not be limited to specific performance to compel the performance as outlined in this Joint Resolution. In addition to the remedies afforded to the parties through law and equity, the Court shall have the authority to award reasonable attorney fees, costs, and expenses to a party found to be in violation of the terms of this Agreement. This section does not apply to objections to annexation provided for in Section 3 of this Agreement. 12.13. Binding Agreement. Pursuant to Minnesota Statutes § 414.0325, subd. 6, and by agreement of the parties hereto, this Joint Resolution is a binding agreement on the parties and its terms are not preempted by the provisions of Minnesota Statutes, Chapter 414 or other law as it may now exist or may later be adopted or amended. The parties intend this Joint Resolution to set out exclusive procedures for annexing land within the Annexation Area. The City agrees to oppose any effort to annex land within the Annexation Area that does not comply with the terms of this Joint Resolution. 13.14. Entire Agreement. This Joint Resolution, including the recitals and the attached exhibits, which are incorporated in and made a part hereof, constitutes the enter agreement between the parties regarding annexation of land from the Town and on the other matters addressed herein. 14.15. Severability. Should any provision of this Joint Resolution be held to be void or unconstitutional, the remaining provisions shall remain in full force and effect. 15.16. Effective Date. This Joint Resolution shall be effective after its adoption by the parties and upon the filing date as assigned by the Adjustments Unit. This Joint Resolution shall remain in effect until all land within the Annexation Area is annexed by the City or until the parties agree to amend or rescind it. Page 253 of 257 REVISED DRAFT 12-1-25 7 EUREKA TOWNSHIP Adopted this ___ day of _____________ 2025. BY THE TOWN BOARD ___________________________ Chairperson Attest:_______________________________ Town Clerk CITY OF LAKEVILLE Adopted this ___ day of _____________ 2025. BY THE CITY COUNCIL ______________________________ Mayor Attest:_____________________________ City Administrator Page 254 of 257 REVISED DRAFT 12-1-25 8 EXHIBIT A Legal Description of Annexation Area Page 255 of 257 REVISED DRAFT 12-1-25 9 EXHIBIT B Map of Annexation Area Page 256 of 257 Date: 2/2/2026 Next City Council Meeting, Tuesday, February 17, 2026 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 257 of 257