HomeMy WebLinkAbout03-02-2026
AGENDA
CITY COUNCIL MEETING
March 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. Parks & Recreation Quarterly Report
6. Consent Agenda
a. Check Register Summary
b. Minutes of the 02/17/2026 City Council Meeting
c. Resolution Granting Contract Authority and Pledging Funding
for Freight Rail Car Storage Facility
d. Change order to the 2025 Well Rehabilitation contract
e. Park Restroom Cleaning Services Agreement with Vanguard Cleaning Systems of
MN
f. Amendment of State of Minnesota General Obligation Bond Financed Declaration
g. LELS Local No. 177, Sergeants 2026-2027 Labor Agreement
h. Agreement with JL Theis, Incorporated for Lakeville Area Arts Center Playground
Sitework
i. Radio Advertising Agreement with KTMY-FM, LLC. for the Lakeville Area Arts
Center
j. Supplemental Agreement for Annual Instrumentation and Control Support Services
k. Contract for Repainting the Dakota Heights Water Tower
l. Resolution Accepting Donations to the Lakeville Parks & Recreation Department in
Page 1 of 197
City Council Meeting Agenda
March 2, 2026
Page 2
the 1st Quarter of 2026
m. Contract for 2026 Right-of-Way and Park Tree Planting
n. Contract for Boulevard Mowing
o. Professional Service Agreement for Heritage Center Improvements
p. Kyla Crossing Second Addition Final Plat
7. Action Items
a. Hearing for a High-Cost Tree Abatement
8. Unfinished Business
9. New Business
New Business items are intended for informal City Council discussion and will not begin before 6:15 p.m. The Council may provide
direction to staff but will not take formal action on these matters.
a. 2026A Bond Issuance - Street Reconstruction/Utilities/CIP Projects
b. Expo 2031
c. Commission Application Review
10. Announcements
a. Next Scheduled Meeting: March 16, 2026
11. Adjourn
Page 2 of 197
Date: 3/2/2026
Parks & Recreation Quarterly Report
Proposed Action
Staff recommends adoption of the following motion:
Overview
Supporting Information
None
Financial Impact: $ Budgeted: No Source:
Envision Lakeville Community Values:
Report Completed by:
Page 3 of 197
Date: 3/2/2026
Check Register Summary
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Check Register
Summary.
Overview
Checks 328774 -
328878
$927,337.82
ACH/EFT 24475 -
24611
$1,922,114.84
Total $2,849,452.66
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. 02.24.26 CKSUM-ACH-EFT
2. 02.24.26 CKSUM-Checks
3. Check Register 02.24.26 for March 2, 2026 Council Mtg - ACH-EFT
4. Check Register 02.24.26 for March 2, 2026 Council Mtg - Checks
Financial Impact: $2,849,452.66 Budgeted: Yes Source: Various
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Cheri Donovan, Assistant Finance Director
Page 4 of 197
Page 5 of 197
Page 6 of 197
MINUTES
CITY COUNCIL MEETING
February 17, 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 Bermel, Lee, Volk, Wolter
Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney;
Joe Masiarchin, Parks & Recreation Director; Allyn Kuennen, Assistant City
Administrator; Taylor Snider, Assistant to the City Administrator; Brad Paulson, Police
Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development
Director
3. Citizen Comments
None
4. Additional agenda information
Administrator Miller noted that this was the second meeting where Council would be
discussing new business. That section of the agenda would not begin until 6:30 P.M. at the
earliest.
5. Presentations/Introductions
a. Police Department Quarterly Report
Police Chief Brad Paulson presented the 4th Quarter Report from 2025 to Council.
While discussing the quarterly results, he also presented the end-of-year statistics and
compared them to the 2024 year-end totals.
6. Consent Agenda
Motion was made by Volk, seconded by Wolter, to approve the Consent Agenda. A voice
vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
a. Check Register Summary
b. Minutes of the 02/02/2026 City Council Meeting
c. Portable Restroom Service Agreement with Rent-N-Save Portable Services
d. Resolution Approving Charitable Gambling for Lakeville Lakeville South High
School Clay Target Team
Page 7 of 197
City Council Meeting Minutes
February 17, 2026
Page 2
e. Quote for Annual Purchase of Hydrant Parts
f. Quote for Purchase of Pressure Reducing Valve and Meter Coupling
g. Quote for Purchase of Watermain Parts
h. Resolution Ordering Preparation of Feasibility Report
for 215th Street and Utility Improvements
i. Encroachment Agreement with Warsan Property L.L.C.
for Private Improvements in Public Easements
j. Amendment to Supplemental Agreement for Professional Services
with WSB for Lake Marion Greenway Improvements
k. CNH Architects Contract Amendment
l. Professional Services Agreements for Mechanical Systems Design and
Construction Services
m. Keokuk Property Real Estate Brokerage Services
n. Conditional Use Permit - CA Commercial Development
o. Resolution Approving an Application to the Legislative-Citizen Commission on
Minnesota Resources for a 2027 Environmental and Natural Resources Trust
Fund Grant
7. Action Items
a. Short-Term Rental Ordinance
Community Development Goodroad presented an overview of the proposed ordinance
changes to the City Code. These ordinances are related to short-term rental language.
Goodroad defined a short-term rental as 31 days or less. Anything longer than that
would be referred to the City's process for long-term rentals that is already in place.
Council commended Goodroad and her staff for the efforts put towards drafting this
new policy.
Motion was made by Bermel, seconded by Lee, to approve the Short-Term Rental
Ordinance.
Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
b. 2026 Fee Schedule Amendment
Community Development Director Goodroad gave the overview of the 2026 Fee
Schedule Amendment needed as a result of the short-term rental ordinance amendment
Motion was made by Wolter, seconded by Volk, to approve the 2026 Fee Schedule
Amendment.
Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
c. Public Hearing for Vacation of Right-of -Way from the Deer Park Plat and
Dedication of Easements
Public Works Director Paul Oehme presented an overview of the vacation of right-of-
way from the Deer Park plat and dedication of easements.
Page 8 of 197
City Council Meeting Minutes
February 17, 2026
Page 3
Council opened the public hearing at 6:27 PM
Steven Buck: 16530 Judicial Road, Lakeville, MN
Mr. Buck was curious whether the east end would be closed to public use and whether
any future development would be built in front of his property. He stated his opposition
to this proposed vacation.
Darren Schimtt: 16535 Laigle Ave and 16461 Laigle Ave, Lakeville, MN
Mr. Schmitt is in support of this plan. He spent many months working on this with the
City and his dedication of easements to the city is dependent on the right-of-way
vacation
Motion was made by Volk, seconded by Bermel, to close the public hearing at 6:41
P.M.
Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
Council asked that there be more discussion amongst the property owners and the City.
They would like to see an agreement that is approved by all parties involved before
deciding on this matter.
Motion was made by Bermel, seconded by Wolter, to table to a future meeting.
Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter
8. Unfinished Business
9. New Business
a. Cedar Avenue Corridor Land Use and Market Analysis
Community Development Director Goodroad presented to Council. She went over the
land use study and the market analysis for the project area. This plan is projected to be
part of the 2050 Comprehensive Plan.
Council asked to review what Farmington is planning with their comprehensive plan for
land adjacent to this area. They also asked staff to explore potential retail in this area
and meet with retail stakeholders about the potential this area could have. Council
would like to maintain the flexibility of the land use.
b. 2026-2036 Parks System Master Plan and State of the Parks
Parks and Recreation Director Joe Masiarchin presented an update on the Park System
Master Plan. The plan will guide the next ten years of decisions and investments in
parks and recreation.
Council appreciated the hard work of those who helped put this plan together. They
also liked the interactive aspect of the website portion of the plan. Masiarchin told
Council that the goal of the survey was to identify bigger priorities so that the City has
time to plan for these specific projects moving forward and get a better understanding
of what could be coming next.
10. Announcements
Page 9 of 197
City Council Meeting Minutes
February 17, 2026
Page 4
a. Next City Council Meeting, March 2, 2026
11. Adjourn
Motion was made by Wolter, seconded by Volk, to adjourn. Voice vote was taken on the
motion. Ayes - None
Mayor Hellier adjourned the meeting at 7:16 P.M.
Respectfully Submitted,
__________________________________
Taylor Snider, Deputy City Clerk
____________________________
Luke M. Hellier, Mayor
Page 10 of 197
Date: 3/2/2026
Resolution Granting Contract Authority and Pledging Funding
for Freight Rail Car Storage Facility
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution granting
contracting authority and pledging required funding in order to accept $7,000,000 in State grant
funds for the Freight Rail Car Storage Facility, City Project 22-16.
Overview
The Minnesota Legislature, through the 2023 Legislative Session, appropriated state general
funds in the amount of $7,000,000 to the City of Lakeville for the construction of a freight rail
car storage facility, City Project 22-16. Acceptance of the state funding grant requires City
Council approval of a resolution that meets the Minnesota Department of Transportation's
(MnDOT) legislatively mandated requirements. Specifically, MnDOT requires grantees to
approve a resolution granting authority for execution of the grant agreement, and committing
funds and affirming the City's responsibility for any project costs exceeding the grant amount.
The attached resolution fulfills the requirements and authorizes the City Administrator to
execute agreement documents.
Supporting Information
1. 2026.03.02 Resolution Granting Contract Authority and Pledging Funding
Financial Impact: $0 Budgeted: Yes Source: N/A
Envision Lakeville Community Values: Design that Connects the Community
Report Completed by: Alanna Sobottka, Civil Engineer
Page 11 of 197
CITY OF LAKEVILLE
RESOLUTION NO. 26-
RESOLUTION GRANTING CONTRACT AUTHORITY AND PLEDGING FUNDING
FOR FREIGHT RAIL CAR STORAGE FACILITY
WHEREAS, the City of Lakeville has been selected to receive $7,000,000 in State grant funding
for the construction of the Freight Rail Car Storage Facility and must receive City Council approval
to enter into an agreement with the State of Minnesota and proceed with the project.
BE IT RESOLVED, that under the provisions contained in Minnesota Statute 222.50 and the 2023
Legislative Session – State General Funds, the State of Minnesota has the authority to allocate
$7,000,000 to the City of Lakeville for a grant awarded to complete the proposed project described as
the Freight Rail Car Storage Facility, City Project 22-16; and
BE IT FURTHER RESOLVED, that the City of Lakeville has the legal authority to enter into said
agreement with the State of Minnesota; and
BE IT FURTHER RESOLVED, that the City of Lakeville has the legal authority to apply for
financial assistance, and has the institutional, administrative, and managerial capability to ensure
adequate acquisition, construction, maintenance, and protection of the proposed project; and
BE IT FURTHER RESOLVED, that the City of Lakeville hereby pledges to complete the project
or phase if it exceeds the total funding provided by the $7,000,000 in State grant funding; and
BE IT FURTHER RESOLVED, that the City of Lakeville has not incurred any reimbursable
expenses prior to the effective date of the agreement; and
BE IT FURTHER RESOLVED, that the City of Lakeville has not violated any Federal, State, or
local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful
or corrupt practices.
NOW, THEREFORE BE IT RESOLVED, that the City Administrator is hereby authorized to
execute such agreements as are necessary to implement the project and any amendments on behalf of
the grantee.
ADOPTED by the City Council this 2nd day of March 2026.
CITY OF LAKEVILLE
______________________________
Luke M. Hellier, Mayor
ATTEST:
_________________________________
Taylor Snider, Deputy City Clerk
Page 12 of 197
Date: 3/2/2026
Change order to the 2025 Well Rehabilitation contract
Proposed Action
Staff recommends adoption of the following motion: Move to approve a change order with
Bergerson-Caswell for repairs to high service pump #5.
Overview
High Service Pump #5 at the Water Treatment Plant is the primary pump used to meet elevated
water demands during the summer months. During the annual inspection, staff identified
excessive motor noise levels (greater than 100 dB) and elevated vibration readings, both of
which indicate significant mechanical and/or electrical wear. These conditions present an
imminent risk of catastrophic motor failure if left unaddressed.
Because this pump is critical to maintaining adequate water supply during peak demand periods,
staff took immediate action to further investigate and address the issue. The recommended repair
includes replacement of worn bearings and associated electrical components. Completing this
work prior to the summer demand season is necessary to ensure system reliability, maintain
service continuity, and avoid potential emergency outages.
To expedite the work, staff recommends utilizing the contractor currently performing the 2025
well rehabilitation project. Bergerson-Caswell has extensive experience working on wells,
pumps and motors for the City and their past performance has been satisfactory.
Supporting Information
1. Change Order #1
Financial Impact: $64,914.00 Budgeted: No Source: Water Fund
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Kyle Hanson - Utilities Supervisor
Page 13 of 197
Page 14 of 197
Date: 3/2/2026
Park Restroom Cleaning Services Agreement with Vanguard Cleaning Systems of MN
Proposed Action
Staff recommends adoption of the following motion: Move to approve Agreement with
Vanguard Cleaning Systems of MN for park restroom cleaning services.
Overview
Staff received proposals from two contractors for park restroom cleaning services in February
2026. Vanguard Cleaning Systems of MN provided the lowest proposal. There are a total of 13
park restroom facilities included in the agreement for 2026. There are a total of 15 park restroom
facilities included in the agreement for 2027 due to the addition of two new facilities. Vanguard
Cleaning Systems of MN has previously provided quality restroom cleaning services in our
parks system.
Staff is recommending approval of an Agreement with Vanguard Cleaning Systems of MN for
park restroom cleaning services for a cost of $62,352 for 2026 and $74,362 for 2027, resulting in
a total cost of $136,714 spanning the two-year agreement.
Supporting Information
1. Restroom Cleaning Agreement - Vanguard Cleaning Systems
2. Vanguard Proposal
3. 2026 Parks Restroom Cleaning Proposal Results
Financial Impact: $136,714.00 Budgeted: Yes Source: General Fund
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Paul Miskimen, Parks Supervisor
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184651v1
AGREEMENT
BETWEEN CITY OF LAKEVILLE AND VANGUARD CLEANING SYSTEMS OF MN
FOR PARK RESTROOM CLEANING SERVICES
THIS AGREEMENT made this 2nd day of March 2026, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and VANGUARD
CLEANING SYSTEMS OF MN, a Minnesota limited liability company (“Contractor”). Owner
and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as the
“Contract Documents”, all of which shall be taken together as a whole as the contract between the
parties as if they were set verbatim and in full herein:
A.This Agreement.
B.Request for Proposals for 2026-27 Park Restroom Cleaning Services,
prepared by the City of Lakeville.
C. Contractor’s Proposal dated 2/04/2026.
In the event of a conflict among the provisions of the Contract Documents, the order in which they
are listed above shall control in resolving any such conflicts. Contract Document “A” has the first
priority and Contract Document “C” has the last priority.
2.OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the
goods, services, and perform the work in accordance with the Contract Documents. Contractor shall
not begin any work until the City has received the signed contract and has reviewed and approved
the insurance certificates and has given the Contractor a written notice to proceed. Contractor shall
exercise the same degree of care, skill, and diligence in the performance of the services as is
ordinarily possessed and exercised by a contractor under similar circumstances. City shall not be
responsible for discovering deficiencies in the accuracy of Contractor’s services.
3.CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in
accordance with the Contractor’s Proposal. Additional work performed without the City’s written
approval will not entitle Contractor to an increase in the Contract Price or an extension of the
Contract Time. Invoices will be paid within 35 days of receipt.
4.PAYMENT PROCEDURES. Contractor shall submit monthly invoices for
services provided. Applications for Payment will be processed by the Parks Superintendent.
5.TERM. The term of this contract shall begin on April 13, 2026 and terminate on
December 31, 2027.
6.CONTRACTOR’S REPRESENTATIONS.
A.Contractor has examined and carefully studied the Contract Documents and
other related data identified in the Contract Documents.
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B.Contractor has visited the Site and become familiar with and is satisfied as to
the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C.Contractor is familiar with and is satisfied as to all federal, state, and local
laws and regulations that may affect cost, progress, and performance of the
Work.
D.Contractor does not consider that any further examinations, investigations, or
data are necessary for the performance of the Work at the Contract Price,
within the Contract Times, and in accordance with the other terms and
conditions of the Contract Documents.
E. Contractor is aware of the general nature of work to be performed by Owner
and others at the Site that relates to the Work as indicated in the Contract
Documents.
F.Contractor has correlated the information known to Contractor, information
and observations obtained from visits to the Site, and all additional
examinations, investigations, and data with the Contract Documents.
G.The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
H.Background Checks: The City may require criminal history background
checks of the Contractor’s employees for purposes of access to City facilities.
The City reserves the right to deny access to City facilities to those
Contractors or Contractor’s employees that it deems inappropriate.
7.WORKER’S COMPENSATION. The Contractor shall obtain and maintain for
the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability
Insurance as required under the laws of the State of Minnesota.
8.INSURANCE. Prior to the start of the project, Contractor shall furnish to the City
a certificate of insurance showing proof of the required insurance required under this
Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six
(6) months after the City has accepted the public improvements, such insurance as shall protect
Contractor and the City for work covered by the Contract including workers’ compensation claims
and property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Contractor or anyone directly or indirectly employed by
either of them. The minimum amounts of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Page 17 of 197
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184651v1
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of
the State of Minnesota, including Employer’s Liability with minimum limits are as
follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
The Contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the states
of the United States and qualified to do business in the State of Minnesota, (ii) shall name the
City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement
which shall be filed with the City. A copy of the endorsement must be submitted with the
certificate of insurance.
Contractor’s policies and Certificate of Insurance shall contain a provision that coverage
afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced
written notice to the City, or ten (10) days’ notice for non-payment of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s
policy limits on a follow-form basis to satisfy the full policy limits required by this Contract.
9. WARRANTY. The Contractor shall be held responsible for any and all defects in
workmanship and materials which may develop in any part of the contracted service, and upon
proper notification by the City shall immediately correct, without cost to the City, any such faulty
work.
10. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees
to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and
against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Contractor’s negligence or its performance or failure to perform its obligations under this
Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone
directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be
liable. Contractor agrees this indemnity obligation shall survive the completion or termination of
this Contract.
11. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bonds
are not required.
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12. MISCELLANEOUS.
A. Terms used in this Agreement have the meanings stated in the Specifications.
B. Owner and Contractor each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns
and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
C. Any provision or part of the Contract Documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon Owner and
Contractor, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the
stricken provisions.
D. Data Practices/Records.
(1) All data created, collected, received, maintained or disseminated for
any purpose in the course of this Contract is governed by the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any
other applicable state statute, or any state rules adopted to implement
the act, as well as federal regulations on data privacy.
(2) All books, records, documents and accounting procedures and
practices to the Contractor and its subcontractors, if any, relative to
this Contract are subject to examination by the City.
E. All reports, plans, models, software, diagrams, analyses, and information
generated in connection with performance of this Agreement shall be the
property of the City. The City may use the information for its purposes.
F. Patented devices, materials and processes. If the Contract requires, or the
Contractor desires, the use of any design, devise, material or process covered
by letters, patent or copyright, trademark or trade name, the Contractor shall
provide for such use by suitable legal agreement with the patentee or owner
and a copy of said agreement shall be filed with the Owner. If no such
agreement is made or filed as noted, the Contractor shall indemnify and hold
harmless the Owner from any and all claims for infringement by reason of
the use of any such patented designed, device, material or process, or any
trademark or trade name or copyright in connection with the Project agreed
to be performed under the Contract, and shall indemnify and defend the
Owner for any costs, liability, expenses and attorney's fees that result from
any such infringement.
G. In providing services hereunder, Contractor shall abide by all statutes,
ordinances, rules and regulations pertaining to the provisions of services to
be provided.
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184651v1
H.Assignment. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other party,
and then only upon such terms and conditions as both parties may agree to
and set forth in writing.
I.Waiver. In the particular event that either party shall at any time or times
waive any breach of this Contract by the other, such waiver shall not
constitute a waiver of any other or any succeeding breach of this Contract by
either party, whether of the same or any other covenant, condition or
obligation.
J.Governing Law/Venue. The laws of the State of Minnesota govern the
interpretation of this Contract. In the event of litigation, the exclusive venue
shall be in the District Court of the State of Minnesota for Dakota County.
K.Severability. If any provision, term or condition of this Contract is found to
be or become unenforceable or invalid, it shall not affect the remaining
provisions, terms and conditions of this Contract, unless such invalid or
unenforceable provision, term or condition renders this Contract impossible
to perform. Such remaining terms and conditions of the Contract shall
continue in full force and effect and shall continue to operate as the parties’
entire contract.
L.Entire Agreement. This Contract represents the entire agreement of the
parties and is a final, complete and all-inclusive statement of the terms
thereof, and supersedes and terminates any prior agreement(s),
understandings or written or verbal representations made between the parties
with respect thereto.
M.Notwithstanding any other section or provision of this Agreement, either
party may terminate this Agreement upon thirty (30) days written notice, at
any time, without reason, to the other party's representative at its respective
address. No notice shall be due for termination for cause. "Termination for
cause" shall include, but not be limited to, breech of confidential or premises
security.
OWNER: CONTRACTOR:
CITY OF LAKEVILLE VANGUARD CLEANING SYSTEMS OF MN
BY: ____________________________ BY: _____________________________
Luke M. Hellier, Mayor
ITS: _____________________________
AND ___________________________
Ann Orlofsky, City Clerk
Brand Services
Page 20 of 197
20195 Holyoke Avenue, Lakeville, MN 55044
952-985-4400 952-985-4499 fax
www.lakevillemn.gov
PROPOSAL FORM
2026-27 RESTROOM CLEANING SERVICES
Company Name: _____________________________ City, State: _____________________________
Name (print): ________________________________ Date: __________________________________
Telephone: __________________________________ Email: _________________________________
Authorized Signature: __________________________ Title: __________________________________
☐ I acknowledge receipt of the addendum dated 2/2/2026.
LOCATION
(April 13 – October 23, 2026)
(April 12 – October 22, 2027)
2026 COST 2027 COST
Antlers Park – 20141 Ipava Avenue $____________________ $____________________
Aronson Park – 8550 202nd Street $____________________ $____________________
Casperson Park – 19720 Juno Trail $____________________ $____________________
New in 2027: East Community Pk N/A $____________________
King Park – 18350 Dodd Boulevard $____________________ $____________________
Orchard Lake Beach – 17195 Judicial Rd $____________________ $____________________
Parkview Park – 6833 Gerdine Path $____________________ $____________________
Prairie Lake Park – 18179 Kingsway Path $____________________ $____________________
Steve Michaud Park – 17100 Ipava Trail $____________________ $____________________
Quigley-Sime Park – 8500 202nd Street $____________________ $____________________
Valley Lake Park – 16050 Garrett Path $____________________ $____________________
Ritter Cabin – 19300 Ritter Trail $____________________ $____________________
New in 2027: Ritter Trail Head N/A $____________________
Grand Prairie Pk Grandstand – 7700 185th St $____________________ $____________________
Grand Prairie Pk Main Bldg. – 7700 185th St $____________________ $____________________
Grand Prairie Pk Field Bldg. – 7700 185th St $____________________ $____________________
Vanguard Cleaning Systems Eagan, MN
Paul Kuhn 2/4/2026
651-299-3879 pkuhn@vgcsmn.com
Brand Services
6783.00 6783.00
5852.00 5852.00
4389.00 4389.00
4389.00 4389.00
4389.00 4389.00
4389.00 4389.00
4389.00 4389.00
4389.00 4389.00
4389.00 4389.00
4389.00 4389.00
6783.00 6783.00
2254.00 2254.00
2254.00
2254.00 2254.00
2254.00
4389.00
4389.00
Page 21 of 197
20195 Holyoke Avenue, Lakeville, MN 55044
952-985-4400 952-985-4499 fax
www.lakevillemn.gov
LOCATION
(October 24 – December 31, 2026)
(January 1 – April 11, 2027)
FRIDAY NIGHT & SATURDAY NIGHT
CLEANING SERVICES
2026 COST 2027 COST
Antlers Park – 20141 Ipava Avenue $____________________ $____________________
New in 2027: East Community Park N/A $____________________
New in 2027: Ritter Trail Head N/A $____________________
GRAND TOTAL ALL SERVICES $____________________ $____________________
1060.00 1550.00
1371.00
1371.00
62,352.00 74,362.00
Page 22 of 197
Company 2026 Total 2027 Total
Astra Cleaning Services $93,067.04 $106,201.18
Vanguard Cleaning Systems $62,352.00 $74,362.00
2026 Parks Restroom Cleaning
Proposal Results
2/11/2025
Page 23 of 197
Date: 3/2/2026
Amendment of State of Minnesota General Obligation Bond Financed Declaration
Proposed Action
Staff recommends adoption of the following motion: Move to approve an amendment to the
State of Minnesota General Obligation Bond Financed Declaration for the 2023 Shade Tree
Program Bonding Grant.
Overview
The City of Lakeville previously filed a State of Minnesota General Obligation Bond Financed
Declaration for park properties where ash tree removals and replacement tree planting work was
completed in 2025 under the 2023 Shade Tree Program Bonding Grant. The Declaration was
recorded on December 12, 2025. One parcel was not included in the declaration and this
amendment adds that parcel, as required by the state grant funding.
Supporting Information
1. DOCS-#~1
Financial Impact: $ Budgeted: No Source:
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Zachary Jorgensen, City Forester
Page 24 of 197
238496v1
AMENDMENT OF STATE OF MINNESOTA GENERAL OBLIGATION BOND
FINANCED DECLARATION
The City of Lakeville, a Minnesota municipal corporation (“Declarant”), has previously
filed a “State of Minnesota General Obligation Bond Financed Declaration” (the “Declaration”)
dated as of November 17, 2025, and recorded on December 12, 2025 in the Dakota County
Recorder’s Office as Document No. 3701951 (“Declaration”).
WHEREAS, Declarant desires to include an additional parcel to be subject to the
Declaration, as required by the state grant funding;
NOW, THEREFORE, Declarant declares as follows:
1. Exhibit A to the Declaration is hereby amended to add the following legal description:
Portion of Marion Fields Park
PID: 22-18200-00-021
Outlot B, Country Creek Estates
EXCEPT:
That part of Outlot B, COUNTRY CREEK ESTATES, Dakota County, Minnesota, lying
northerly and easterly of the following described line: Commencing at the northeast corner
of said Outlot B; thence on an assumed bearing of South 00 degrees 26 minutes 34 seconds
West, a distance of 40.00 feet to the actual point of beginning of the line to be described;
thence North 89 degrees 33 minutes 26 seconds West, a distance of 25.00 feet; thence
North 44 degrees 33 minutes 26 seconds West, a distance of 45.00 feet; thence North 00
degrees 26 minutes 34 seconds West, a distance of 25.00 feet to the north line of said Outlot
B and there terminate, Dakota County, Minnesota.
2. All other terms and conditions of the Declaration remain in force and are unaffected by this
Amendment.
Page 25 of 197
2
238496v1
Date: __________________, 2026
BY: ______________________________________
Luke M. Hellier, Mayor
(SEAL)
AND _____________________________________
Taylor Snider, Deputy City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of
______________, 2026, by Luke M. Hellier and by Taylor Snider, the Mayor and Deputy City
Clerk of the City of Lakeville, a Minnesota municipal corporation, on behalf of the corporation
and pursuant to the authority granted by its City Council.
__________________________________________
NOTARY PUBLIC
DRAFTED BY:
Campbell, Knutson
Professional Association
Grand Oak Office Center I
860 Blue Gentian Road, Suite 290
Eagan, MN 55121
Telephone: 651-452-5000
AMP/smt
Page 26 of 197
Date: 3/2/2026
LELS Local No. 177, Sergeants 2026-2027 Labor Agreement
Proposed Action
Staff recommends adoption of the following motion: move to approve the labor agreement
between the City and LELS Local No. 177, Sergeants for years 2026-2027.
Overview
The labor agreement for LELS Local No. 177, Sergeants, had expired on 12/31/2025. The City
and LELS had started the negotiation process earlier in 2025, but were unable to reach an
agreement prior to the end of the 2025 year. The current contract is still enforceable and being
followed until an updated agreement can be made.
The City and LELS Sergeants have now reached an agreement to an updated contract that will
span from 1/1/2026 through 12/31/2027. The major areas that were updated include: a 3%
general wage increase for 1/1/2026, a 3% market-rate adjustment effective 6/8/2026 and a 3%
general increase effective 1/1/2027 (with a potential wage re-opener), an increase to
investigations stipend pay to $300/month, the addition of a 25th employment year on the
vacation accrual table, as well as adding a 1% payroll contribution (by employees) into their
HCSP account. A couple of memorandums of understanding have been incorporated into the
contract regarding insurance and HCSP accounts for ease of navigation and understanding.
Supporting Information
1. LELS Local No. 177 Sergeants 2026-2027 Labor Agreement
Financial Impact: $ Budgeted: No Source:
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: Alissa Frey, Human Resources Director
Page 27 of 197
LABOR AGREEMENT
BETWEEN
CITY OF LAKEVILLE, MINNESOTA
AND
LAW ENFORCEMENT LABOR SERVICES, INC.
(LOCAL NO. 177)
SERGEANTS
Effective January 1, 2026 through December 31, 2027
Page 28 of 197
i
TABLE OF CONTENTS
ARTICLE 1. PURPOSE OF AGREEMENT……………………….. Page 1
ARTICLE 2. RECOGNITION……………………………………… Page 1
ARTICLE 3. DEFINITIONS………………………………………... Page 1
ARTICLE 4. MANAGEMENT RIGHTS………………………….. Page 2
ARTICLE 5. UNION SECURITY…………………………………. Page 3
ARTICLE 6. SAVINGS CLAUSE…………………………………. Page 3
ARTICLE 7. GRIEVANCE PROCEDURE………………………… Page 3
ARTICLE 8. DISCIPLINE………………………………………….. Page 5
ARTICLE 9. PROBATIONARY PERIOD…………………………. Page 6
ARTICLE 10. SENIORITY………………………………………….. Page 6
ARTICLE 11. WORK SCHEDULE…………………………………. Page 8
ARTICLE 12. TIME CARDS/REPORTS…………………………… Page 9
ARTICLE 13. SALARY SCHEDULE………………………………. Page 9
ARTICLE 14. OVERTIME………………………………………….. Page 10
ARTICLE 15. COMPENSATORY TIME/USE-SERGEANTS…….. Page 11
ARTICLE 16. COURT TIME-SERGEANTS………………………... Page 11
ARTICLE 17. CALL BACK TIME – SERGEANTS………………... Page 12
ARTICLE 18. STANDBY PAY – SERGEANTS…………………… Page 12
ARTICLE 19. INSURANCE, MEDICAL, LIFE AND DENTAL…... Page 12
ARTICLE 20. FALSE ARREST INSURANCE……………………... Page 13
ARTICLE 21. TUITION REIMBURSEMENT……………………… Page 13
ARTICLE 22. VACATION/USE…………………………………….. Page 14
ARTICLE 23. HOLIDAYS…………………………………………... Page 14
ARTICLE 24. SICK LEAVE………………………………………… Page 15
ARTICLE 25. PAID TIME OFF…………………………………….. Page 15
ARTICLE 26. PARENTING LEAVE……………………………….. Page 17
ARTICLE 27. SEVERANCE PAY………………………………….. Page 18
ARTICLE 28. INJURY ON DUTY………………………………….. Page 18
ARTICLE 29. FUNERAL LEAVE………………………………….. Page 19
ARTICLE 30. LEAVE OF ABSENCE WITHOUT PAY…………… Page 19
Page 29 of 197
ii
ARTICLE 31. JURY DUTY…………………………………………. Page 19
ARTICLE 32. UNIFORMS………………………………………….. Page 20
ARTICLE 33. PERSONAL PROPERTY REIMBURSEMENT…….. Page 20
ARTICLE 34. WAIVER……………………………………………… Page 20
ARTICLE 35. LONG-TERM DISABILITY INSURANCE………… Page 21
ARTICLE 36. DRUG AND ALCOHOL TESTING POLICY………. Page 21
ARTICLE 37. LICENSE PAY……………………………………….. Page 21
ARTICLE 38. INDEMNIFICATION………………………………… Page 21
ARTICLE 39. DURATION…………………………………………... Page 21
APPENDIX A SALARY SCHEDULE .............................................. Page 22
EXHIBIT A INVESTIGATOR/SERGEANT – UNIFORMS…………. ….. Page 25
DRUG AND ALCOHOL TESTING POLICY…………………….………… Page 26
Page 30 of 197
1
ARTICLE 1. PURPOSE OF AGREEMENT
This Agreement is entered into between the City of Lakeville, hereinafter called the
Employer, and Law Enforcement Labor Services, Inc., hereinafter called the Union, on
behalf of the Employees of Local No. 177.
It is the intent and purpose of this Agreement to:
1.1 Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of performance that is consistent
with the well-being of all concerned.
1.2 Establish the full and complete understanding of the parties concerning the terms
and conditions of this Agreement.
1.3 Establish procedures to orderly and peacefully resolve disputes as to the
application and interpretation of this Agreement.
1.3.1 Place in written form the parties’ Agreement upon terms and conditions of
employment for the duration of this Agreement.
ARTICLE 2. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for the
purpose of meeting and negotiating the terms and conditions of employment for
all police personnel in the classification of Sergeants who are public employees
within the meaning of Minnesota Statute 179A.03, subd. 14, excluding
confidential employees.
2.2 In the event the Employer and the Union are unable to agree as to the inclusion or
exclusion of a new or modified job class, the issue shall be submitted to the
Bureau of Mediation Services for determination.
ARTICLE 3. DEFINITIONS
3.1 EMPLOYEE: A member of the exclusively recognized bargaining unit.
3.2 UNION OFFICER: Officer elected or appointed by the Law Enforcement Labor
Services, Inc. Employees’ Union, Local No. 177 to act on behalf of the Union.
3.3 UNION: The Law Enforcement Labor Services, Inc. Employees’ Union, Local
No. 177.
3.4 UNION MEMBER: A member of the Law Enforcement Labor Services, Inc.
Employees’ Union, Local No. 177.
3.5 DEPARTMENT: The Lakeville Police Department.
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2
3.6 EMPLOYER: The City of Lakeville, Minnesota.
3.7 EMPLOYER DESIGNATED REPRESENTATIVE: A person designated by the
Employer to act on its behalf.
3.8 CHIEF: The Chief of the Lakeville Police Department.
3.9 LIEUTENANT: An employee promoted to job classification and/or job position
of Lieutenant.
3.10 SERGEANT: An Employee promoted to job classification and/or job position of
Sergeant.
3.11 OVERTIME: Work performed at the express authorization of the Employer or the
Employer Designated Representative in excess of the Employee’s scheduled shift.
3.12 SCHEDULED SHIFT: A consecutive work period including rest breaks and
lunch break.
3.13 REST BREAKS: Periods during the scheduled shift when the Employee remains
on continual duty and is responsible for assigned duties.
3.14 LUNCH BREAK: A period during the scheduled shift when the Employee
remains on continual duty and is responsible for assigned duties.
3.15 STRIKE: Conceded action in failing to report for duty, the willful absence from
one’s position, the stoppage of work, slow-down, or abstinence in whole or in part
from the frill, faithful and proper performance of the duties of employment for the
purposes of inducing, influencing or coercing a change in the conditions or
compensation or the rights, privileges or obligations of employment.
3.16 PROMOTION: A change in job classification which results in an increase in pay.
3.17 EMERGENCY: An emergency is defined as an unforeseen occasion not
controllable by the Employer or the Employer’s Designated Representative.
ARTICLE 4. MANAGEMENT RIGHTS
4.1 The Employer and L.E.L.S. recognize and agree that except as expressly modified
in this Agreement, the Employer has and retains all rights and authority necessary
for it to direct and administer the affairs of the Police Department and to meet its
obligations under Federal, State, and Local law, such rights to include, but not
limited to, the right to operate and manage all manpower, facilities and
equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology to establish and modify the organizational
structure; to select, direct and determine the number of personnel; to establish
work schedules.
Page 32 of 197
3
ARTICLE 5. UNION SECURITY
5.1 The Employer shall deduct from the wages of Employees who authorize such
deduction in writing an amount necessary to cover monthly Union dues. Such
moneys shall be remitted as directed by the Union.
5.2 The Union may designate Employees from the bargaining unit to act as a steward
and an alternate and shall inform the Employer in writing of such choice and
changes in the position of steward or alternate.
5.3 The Employer shall make space available on the Employee bulletin board for
posting Union notice(s) and announcement(s).
5.4 The Union agrees to indemnify and hold the Employer harmless against any and
all claims, suits, orders or judgments brought or issued against the Employer as a
result of any action taken or not taken by the Employer under the provisions of
this Article.
ARTICLE 6. SAVINGS CLAUSE
6.1 This Agreement is subject to the laws of the United States, the State of Minnesota
and the City of Lakeville, Minnesota. In the event any provisions of this
Agreement shall be held to be contrary to law by a court of competent
jurisdiction, or administrative ruling or is in violation of legislation or
administrative regulations either party may request that the other party meet and
negotiate over amendments to or a substitution for the invalidated provision. In
such negotiations, the rights and obligations of the Union shall be subject to the
provisions of Minn. Stat. §179A.06, and the rights and obligations of the
Employer shall be subject to the provisions of Minn. Stat. §179A.07.
ARTICLE 7. GRIEVANCE PROCEDURE
7.1 DEFINITION OF A GRIEVANCE
A grievance is defined as a dispute or disagreement as to the interpretation or
application of the specific terms and conditions of this Agreement.
7.2 UNION REPRESENTATIVES
The Employer will recognize Representatives designated by the Union as the
grievance representatives of the bargaining unit having the duties and
responsibilities established by this Article. The Union shall notify the Employer in
writing of the names of such Union Representatives and of their successors when
so designated.
7.3 PROCESSING OF A GRIEVANCE
It is recognized and accepted by the Union and the Employer that the processing
of grievances as hereinafter provided is limited by the job duties and
responsibilities of the Employees and shall, therefore, be accomplished during
Page 33 of 197
4
normal working hours only when consistent with such Employee duties and
responsibilities. The aggrieved Employee and Union Representative shall be
allowed a reasonable amount of time without loss in pay when a grievance is
investigated and presented to the Employer during normal working hours
provided that the Employee and the Union Representative have notified and
received the approval of the designated supervisor who has determined that such
absence is reasonable and would not be detrimental to the work programs of the
Employer.
7.4 PROCEDURE
Grievances, as defined in Section 7.1, shall be resolved in conformance with the
following procedure:
Step 1. An Employee claiming a violation concerning the interpretation or
application of this Agreement shall, within twenty-one (21) calendar days after
such alleged violation has occurred, present such grievance to the Employee’s
supervisor as designated by the Employer. The Employer Designated
Representative will discuss and give an answer to such Step 1 grievance within
ten (10) calendar days after receipt. A grievance not resolved in Step 1 and
appealed to Step 2 shall be placed in writing setting forth the nature of the
grievance, the facts on which it is based, the provision or provisions of the
Agreement allegedly violated, the remedy requested, and shall be appealed to
Step 2 within ten (10) calendar days after the Employer Designated
Representative’s final answer in Step 1. Any grievance not appealed in writing to
Step 2 by the Union within ten (10) calendar days shall be considered waived.
Step 2. If appealed, the written grievance shall be presented by the Union and
discussed with the Employer Designated Step 2 Representative. The Employer
Designated Representative shall give the Union the Employer’s Step 2 answer in
writing within ten (10) calendar days after receipt of such Step 2 grievance. A
grievance not resolved in Step 2 may be appealed to Step 3 within ten (10)
calendar days following the Employer Designated Representative’s final Step 2
answer. Any grievance not appealed in writing to Step 3 by the Union within ten
(10) calendar days shall be considered waived.
Step 2A. If the grievance is not resolved at Step 2 of the grievance procedure, the
parties, by mutual Agreement, may submit the matter to mediation with the
Bureau of Mediation Services. Submitting the grievance to mediation preserves
time lines for Step 2 of the grievance procedure.
Step 3. A grievance unresolved in Step 2 and appealed to Step 3 by the Union
shall be submitted to arbitration subject to the provisions of the Public
Employment Labor Relations Act of 1971. For grievance matters involving
written disciplinary action, discharge, or termination, the assignment of an
arbitrator shall be consistent with Minnesota Statute 626.892. For all other
grievances the selection of an arbitrator shall be made in accordance with the
“Rules Governing the Arbitration of Grievances” as established by the Bureau of
Mediation Services.
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7.5 ARBITRATOR’S AUTHORITY
A. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the terms and conditions of this Agreement. The arbitrator shall
consider and decide only the specific issue(s) submitted in writing by the
Employer and the Union, and shall have no authority to make a decision on
any other issue not so submitted.
B. The arbitrator shall be without power to make decisions contrary to, or
inconsistent with, or modifying or varying in any way the application of laws,
rules, or regulations having the force and effect of law. The arbitrator’s
decision shall be submitted in writing within thirty (30) days following close
of the hearing or the submission of briefs by the parties, whichever be later,
unless the parties agree to an extension. The decision shall be binding on both
the Employer and the Union and shall be based solely on the arbitrator’s
interpretation or application of the express terms of this Agreement and to the
facts of the grievance presented.
C. The fees and expenses for the arbitrator’s services and proceedings shall be
borne equally by the Employer and the Union provided that each party shall
be responsible for compensating its own representatives and witnesses. If
either party desires a verbatim record of the proceedings, it may cause such a
record to be made, providing it pays for the record. If both parties desire a
verbatim record of the proceedings, the cost shall be shared equally.
7.6 WAIVER
If a grievance is not presented within the time limits set forth above, it shall be
considered “waived.” If a grievance is not appealed to the next step within the
specified time limit or any agreed extension thereof, it shall be considered settled
on the basis of the Employer’s last answer. If the Employer does not answer a
grievance or an appeal thereof within the specified time limits, the Union may
elect to take the grievance to the next step. The time limit in each step may be
extended by mutual written Agreement of the Employer and the Union in each
step.
ARTICLE 8. DISCIPLINE
8.1 The Employer or the Employer’s Designated Representative will discipline
Employees for just cause only.
8.2 Discipline
a) Oral reprimand
b) Written reprimand
c) Suspension
d) Demotion
e) Discharge
Will be in one or more of the following forms:
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8.3 Suspensions, demotions and discharges will be in written form.
8.4 Written reprimands, notices of suspension, and notices of discharge which are to
become part of an Employee’s personnel file shall be read and acknowledged by
the signature of the Employee. Employees and the Union will receive a copy of
such reprimands and/or notices.
8.5 Employees may examine their own individual personnel files at reasonable times
under the direct supervision of the Employer or the Employer’s Designated
Representative.
8.6 Discharges will be preceded by a five (5) day suspension without pay except in
cases of Veterans as defined by MSA 97 et seq.
8.7 Employees will not be questioned concerning an investigation of disciplinary
action unless the Employee has been given an opportunity to have a Union
representative present at such questioning.
8.8 Grievances relating to this Article shall be initiated by the Union in Step 2 of the
grievance procedure under Article 7.
8.9 An employee may request a review of prior written discipline or suspensions with
the Chief of Police after a period of three years have passed with no same or
similar incidents. The Chief of Police will have the ultimate discretion to remove
the discipline from the employee’s file or require that it remain in the personnel
file.
ARTICLE 9. PROBATIONARY PERIOD
9.1 The probationary period for new Employees or rehired former Employees covered
under this Agreement shall be twelve (12) months. At any time during this
probationary period the Employee may be dismissed at the sole discretion of the
Employer if performance is unsatisfactory.
9.2 The probationary period for Employees who are promoted to the position of
Sergeant shall be twelve (12) months. During the probationary period for
promoted Employees, the Employer may assign the Employee to his/her former
position at the sole discretion of the Employer.
9.3 During the probationary period of a newly hired, rehired or promoted Employee,
the Employer or the Employer Designated Representative may assign an
Employee to shifts for the duration of probation.
ARTICLE 10. SENIORITY
10.1 DEPARTMENTAL SENIORITY shall be defined as a regular, full-time
Employee’s length of continuous service with the City as a sworn Police Officer
since his/her last hiring date. “Last hiring date” means the date upon which an
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7
Employee first reported for work in the Police Department as a sworn Police
Officer since which he/she has not quit, retired, been transferred outside the
Department or been discharged.
10.2 CLASSIFICATION SENIORITY shall be defined as a regular, full-time
Employee’s length of continuous service with the City under each classification,
i.e. Sergeant. Employees shall not attain classification seniority until the
completion of the probationary period in the classification, at which time seniority
classification shall relate back to the most recent date of promotion or
reclassification.
10.3 Where two or more Employees in the same classification were promoted on the
same date, then length of total service with the Police Department shall determine
their seniority in the classification. If length of total service with the Police
Department is also the same, then seniority will be determined by lottery and
method determined administratively.
10.4 An Employee shall forfeit seniority rights only for the following reasons:
A. The Employee resigned and has not been reinstated within two (2) years of
the day of resignation;
B. The Employee is dismissed, with just cause, and is not reinstated;
C. The Employee is absent without leave for a period of five (5) scheduled
working days or more. Exceptions to this may be made by the Employer
on the grounds of good cause for failure to report;
D. The Employee retires on a regular service retirement.
10.5 LAYOFF
Except in those instances where senior Employees are not qualified to perform
remaining work, seniority shall determine the order of Layoff.
10.5.1 Layoff shall be by classification within the department in inverse order of
classification seniority. However, an Employee about to be laid off shall have the
right to bump (displace) any Employee in a lower classification, provided that the
Employer determines the Employee who is exercising bumping rights has
previously held the position and is adequately qualified to perform the duties of
the classification into which he/she is bumping and he/she has greater department
seniority than the Employee who is to be bumped.
10.5.2 Recall from layoff, which shall be by classification within the department, in
inverse order of layoff provided that, if an Employee does not return to work upon
recall, as directed by the Employer, or on an extended date mutually acceptable to
the Employee and Employer, she/he shall automatically have terminated her/his
employment. Recall notification shall be by mail to the Employee’s last known
address for an indefinite layoff and shall be contained in the layoff notice for
layoffs for a definite period. An Employee’s name shall be retained on the recall
list for two (2) years, at which time all rights to recall shall terminate.
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10.5.3 The Employer shall not hire a new Employee in a classification where an
Employee is laid off with the right for recall.
10.5.4 The Employer shall issue written notice of an indefinite layoff at least fifteen (15)
calendar days in advance of layoff and will meet and confer with the Union to
attempt to minimize the impact of the layoff on unit members. The Employer
shall issue written notice of recall from an indefinite layoff to affected Employees
by certified mail/return receipt, providing at least fifteen calendar (15) days to
return to work. An indefinite layoff shall be defined as a layoff made for an
indeterminate period at the time of notice or any layoff of forty-five (45) or more
days. The Employer may layoff an Employee for a definite period of forty-four
(44) days or less by giving written notice at least seven (7) calendar days in
advance to the affected Employees by certified mail/return receipt.
10.5.5 Voluntary Leaves Before Layoff. Prior to laying off an Employee the Employer
will offer a voluntary leave of absence to other Employees in the affected
classification to prevent the involuntary layoff of an Employee. An Employee on
such leave shall continue to accrue seniority as though the Employee was
working. The leave shall be for a period not to exceed two (2) years from the
effective date of the leave.
10.6 Seniority for the purpose of receiving longevity pay will be established as the Last
Hiring Date.
10.7 Seniority in the bargaining unit will be kept by time in all positions covered by
the bargaining unit for the purpose of vacation bidding, shift bidding and
reduction of positions and layoff from established positions of Sergeant .
10.8 One continuous vacation shall be selected by specific dates on the basis of
classification seniority until April 1st of each calendar year. An Employee not
making selection by this date will be deemed to have waived seniority selection.
10.9 Within thirty (30) days after the signing of this Agreement, the Employer shall
establish seniority lists as of the effective date of this Agreement structured by
each work classification to include and rank, in order of highest to lowest
seniority, all permanent Employees in the bargaining unit.
ARTICLE 11. WORK SCHEDULE
11.1 The normal work year is two thousand and eighty hours (2,080) to be accounted
for by each Employee through:
a) Scheduled hours of work
b) Holidays
c) Authorized sick leave time
d) Training
e) Vacation
f) Funeral leave
g) Compensatory leave time
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11.2 Nothing contained in this or any other article shall be interpreted to be a guarantee
of a minimum or maximum number of hours the Employer or the Employer’s
Designated Representative may assign Employees.
ARTICLE 12. TIME CARDS/REPORTS
12.1 Employees shall report their hours worked on a bi-weekly time card report form
provided by the Employer or the Employer’s Designated Representative and
signed by the Employee. No Employee shall make entries on another Employee’s
time card unless express written approval is received from the Chief of Police or
the Employer Designated Representative.
ARTICLE 13. SALARY SCHEDULE
13.1 SALARY SCHEDULE: the rates of pay for calendar years 2026-2027 for
Sergeants are set forth in Appendix A.
13.2 Internal Promotions: Internal employees promoted to a Sergeant role will start at
Step 4 of the pay plan.
13.3 PERFORMANCE EVALUATION
If an employee receives an overall rating that results in denial of a step increase, in their
performance evaluation, the employee may request that they be permitted to attempt to
improve their performance to the point where they qualify for the step increase. Upon
such request, the supervisor will establish tasks and goals in writing to be completed to
bring the employee’s performance up to a rating that would qualify the employee for a
step increase. The employee and supervisor will complete a 90-day follow-up review.
In the event that the follow up evaluation results in a supervisory determination of
performance warranting a step increase, said increase will be retroactive to the original
due date.
Appeals Process
If an employee receives an overall rating that results in denial of a step increase, in their
performance evaluation, they may appeal their evaluation utilizing this process.
Step 1. Within five (5) working days after the performance evaluation form has
been finalized and the employee must notify the supervisor that they wish to
appeal the performance evaluation. A meeting must take place to discuss the
issues between the supervisor and the employee within five (5) working days
(exclusive of vacation and sick leave) of the notice by the employee.
If not resolved, then;
Step 2. Within five (5) working days following the meeting in Step 1, the
employee is required to put in writing the areas which are of concern or in
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disagreement and submit to the Deputy Police Chief. The Deputy Police Chief is
required to review the document and respond to the employee within five (5)
working days (exclusive of vacation and sick leave).
Step 3. If not resolved and the employee wishes to appeal, it shall be referred, in
writing, to the Chief of Police. The Chief of Police is required to review and
document and respond to the employee within five (5) working days (exclusive of
vacation and sick leave).
If the Chief of Police determines that the Performance Evaluation is accurate, the
evaluation remains as is. The employee may attach a document outlining areas of
disagreement.
The process outlined in this appeal process is the exclusive means to contest the review.
The matter is not an appropriate topic for the grievance procedure and may not be
submitted to arbitration. This appeal process does not apply to a follow up evaluation as
noted above. Determinations under a follow up evaluation process are not subject to
appeal.
13.4 A sergeant assigned to K-9, in addition to the salary schedule rate earned by the
employee, will receive an amount equal to six percent (6.0%) of the 36 month rate
of a Lakeville police officer’s pay. Beginning July 1, 2020, the rate will be an
amount equal to six percent (6%) of Grade 10, Step 7 of a Lakeville police
officer’s pay.
13.5 A Sergeant(s) assigned by the Employer to the Investigation Division or Task
Force or assigned as Administrative Sergeant will receive an additional $300 per
month over the Sergeant pay listed in this contract. Sergeant(s) assigned to these
duties for light duty or special assignment will not receive the pay differential.
13.6 A Sergeant(s) will receive a shift differential of $0.60 per hour when at least half
of the shift is worked between 18:00 and 06:00 hours.
13.7 Employees promoted to the rank of Police Sergeant, starting salary for promotion
will be determined based on the employee’s current rate of pay and longevity pay.
The newly promoted Sergeant shall start at the next pay step higher than what
they were earning prior to being promoted based on rate of pay and longevity.
ARTICLE 14. OVERTIME
14.1 Sergeants will be compensated at one and one-half (1 ½) times their regular base
pay rate for hours worked in excess of their scheduled shift.
14.2 Overtime refused by employees will, for record purposes under Article 14.5, be
considered as unpaid overtime worked.
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14.3 Overtime will be calculated to the nearest fifteen (15) minutes. A record of all
overtime offered, worked, and used will be maintained by and at the Police
Department.
14.4 Voluntary changes in shifts do not qualify for overtime under this Article.
14.5 Insofar as practicable and without reducing the efficiency of work performance,
opportunities to work overtime will be distributed as equally as practicable among
the Sergeants, provided the Sergeant is qualified to perform the specific overtime
work required.
14.6 The working of overtime covered by this Agreement will be voluntary and no
action will be taken against any Sergeant who declines to work overtime.
However, in the event of an emergency situation or a mandatory call back, a
direct order by the Chief of Police to work overtime will not be considered
voluntary.
14.7 For the purpose of computing overtime compensation, overtime hours worked
shall not be pyramided, compounded or paid twice for the same hours worked.
14.8 Sergeants will have the option of taking overtime pay or compensatory time off.
No more than eighty (80) hours will be allowed to accumulate at any time. The
designation of how the overtime is to be compensated must be made at the time
the overtime is earned. Leave may be taken in segments as small as one (1) hour.
14.9 Overtime must be approved in advance by the Chief of Police or his Designated
Representative, except in instances of emergency.
ARTICLE 15. COMPENSATORY TIME/USE – SERGEANTS
15.1 Compensatory time may be accumulated for overtime worked by Sergeants at the
rate of time and one-half (1 ½), not including holiday overtime.
15.2 At year end, the Employee will carry over up to 40 hours of comp time from one
year to the next. All compensatory time over 40 hours will be paid in cash on the
last pay period of the year.
15.3 Compensatory time off shall be claimed on a form provided by the Employer or
the Employer’s Designated Representative.
15.4 Preference will be given the Sergeant who requests compensatory time off the
furthest in advance. Seniority within the classification will be the determining
factor when more than one Sergeant in the same department requests the same
date(s) off at the same time.
ARTICLE 16. COURT TIME – SERGEANTS
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16.1 A Sergeant required to appear in court during scheduled off duty time shall be
given compensatory time or overtime pay at the Sergeant’s option for a minimum
of three (3) hours pay at one and one-half (1 ½) times the Sergeant’s base pay rate
unless notified of the cancellation by 5:00 p.m. on the preceding day. The
Sergeant shall receive a minimum of two (2) hours at one and one-half (1 ½)
times if he or she is canceled while at home for a court appearance on the same
day.
An extension or early report to a regularly scheduled shift for court appearance
does not qualify the Sergeant for the three hour minimum.
ARTICLE 17. CALL BACK TIME – SERGEANTS
17.1 A Sergeant who is called to duty during scheduled off duty time because of an
emergency or mandatory call back shall receive compensatory time or paid
overtime at their option for a minimum of three (3) hours at one and one-half (1
½) times their base pay. An extension or early report to a regularly scheduled
shift for duty does not qualify the Sergeant for the three (3) hour minimum.
17.2 A Sergeant shall receive a minimum of two (2) hours at one and one-half (1 1/2)
times if a Lakeville Police Department meeting is canceled while at home on the
same day as the meeting.
ARTICLE 18. STANDBY PAY – SERGEANTS
18.1 A Sergeant required by the Employer or the Employer’s Designated
Representative to standby shall be paid for such standby time at the rate of one
hour’s pay for each hour on standby.
ARTICLE 19. INSURANCE, MEDICAL, LIFE AND DENTAL
Employees are entitled to all group benefits offered and adopted by city council
resolution annually and will be available to all employees via the city’s intranet site:
Insite.
19.1 Follow the approved annual resolution schedule of monthly employer HSA and
HRA/VEBA contributions. For those employees who may be facing a medical
emergency or medical hardship, the City Administrator may approve an advance
deposit of employer funds. Employees in this situation should make a written
request to the HR department, to be approved by the City Administrator.
19.2 The City of Lakeville will provide an employer contribution to health insurance
based on the lowest cost, high-deductible health plan. The employer will
contribute 100% toward employee-only (single) coverage and not less than 70%
for two-party or family coverage options. Once these employer values are set,
they are applied to the other plan options.
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19.3 Should the employer contribution to amounts to group benefits decrease, both
parties shall be entitled to reopen this section of the contract. The reopener shall
be limited solely to the issue of benefits.
19.4 Any cost beyond the amounts payable by the Employer shall be paid by the
Employee via payroll deduction.
19.5 In the event that the health insurance provisions of this Agreement fail to meet the
requirements of the Affordable Care Act and its related regulations or cause the
Employer to be subject to a penalty or fine, either party may request that the other
party meet and negotiate over amendments to those health insurance provisions
that the requesting party deems necessary. In such negotiations, the rights and
obligations of the Union shall be subject to the provisions of Minn. Stat.
§179A.06 and the rights and obligations of the Employer shall be subject to the
provisions of Minn. Stat. §179A.07.
19.6 The City will provide $50,000 of life insurance coverage and contribute 100% of
the monthly cost.
19.7 Effective January 1, 2009, the Employer shall contribute 100% of the cost of
single coverage toward group dental insurance coverage. If the Employee elects
additional dependent coverage, the Employee will pay the monthly cost above the
Employer contribution via payroll deduction.
ARTICLE 20. FALSE ARREST INSURANCE
20.1 The Employer shall provide false arrest insurance for the Employee.
ARTICLE 21. TUITION REIMBURSEMENT
21.1 Employees shall be reimbursed 100% for tuition cost upon completion of college
courses approved by the Employer or the Employer’s Designated Representative
as beneficial to the performance of Employee’s duties and required for the
attainment of a Bachelor’s or a Master’s degree. The Employee must receive a
letter grade of “C” or better or “Pass” on the pass/fail grade system to qualify for
tuition reimbursement. An Employee must have completed the probationary
period to be eligible for tuition reimbursement towards a Bachelor’s Degree.
Further, an Employee must have completed three years of service to be eligible
for tuition reimbursement towards a Master’s Degree. Reimbursement will be
paid based on 1997 tuition costs and thereafter of the tuition paid for the course
not to exceed the tuition rate charged by the University of Minnesota for an
equivalent course. Beneficial courses shall include, but are not limited to, courses
leading to a degree such as Business Administration, Public Administration,
Social Sciences, Law Enforcement and similarly related major courses of study.
ARTICLE 22. VACATION/USE
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22.1 The vacation schedule shall be as follows:
Beginning in the 1st year of employment 10 days 80 hrs.
Beginning in the 3rd year of employment 11 days 88 hrs.
Beginning in the 4th year of employment 12 days 96 hrs.
Beginning in the 5th year of employment 15 days 120 hrs.
Beginning in the 7th year of employment 16 days 128 hrs.
Beginning in the 9th year of employment 17 days 136 hrs.
Beginning in the 12th year of employment 18 days 144 hrs.
Beginning in the 14th year of employment 19 days 152 hrs.
Beginning in the 15th year of employment 20 days 160 hrs.
Beginning in the 16th year of employment 21 days 168 hrs.
Beginning in the 17th year of employment 22 days 176 hrs.
Beginning in the 18th year of employment 23 days 184 hrs.
Beginning in the 19th year of employment 24 days 192 hrs.
Beginning in the 20th year of employment 25 days 200 hrs.
Beginning in the 25th year of employment 27 days 216 hrs.
22.2 Employees shall accrue vacation during the first year of employment, but shall
not be eligible to use accrued vacation until completion of the first 6 months of
employment.
22.3 Except as approved by the Employer or the Employer’s Designated
representative, Employees will not be allowed to carry over more than the
equivalent number of hours of vacation they have earned in the two previous
calendar years.
22.4 Employees leaving the service in good standing after giving two weeks’ notice
shall be paid for any and all earned and unused vacation leave.
ARTICLE 23. HOLIDAYS
23.1 There shall be twelve (12 ) holidays per year as follows:
New Year’s Day, January 1
Martin Luther King’s Birthday, Third Monday in January
Washington’s Birthday, Third Monday in February
Memorial Day, Last Monday in May
Juneteenth, June 19th
Independence Day, July 4th
Labor Day, First Monday in September
Veteran’s Day, November 11
Thanksgiving Day, Fourth Thursday in November
Christmas Eve, One-half day
Christmas Day, December 25th
New Year’s Eve, One-half day
Floating Holiday
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23.2 Sergeants will be paid once a year in December at straight time for 127.64 hours
at the pay rate in effect on December 1. These hours take into account premium
pay for all holidays.
23.3 The Employer or the Employer’s Designated Representative shall have the right
to reduce the work schedules for holidays and to provide time off in lieu of
holiday pay in December.
ARTICLE 24. SICK LEAVE
24.1 Sick leave is to be earned at a rate of one eight (8) hour day per month with no
limit to accumulation. Sick leave is earned while on vacation, sick leave and
injury on duty leave.
24.2 In order to be eligible for sick leave pay, an Employee must:
a. Report no later than one hour before the beginning of the shift or sooner if
possible.
b. Keep the Chief of Police informed of his or condition.
c. Submit a medical certificate for any illness of three days or longer if
requested by the Chief of Police.
24.3 Sick leave is to be used for actual illness and/or emergency medical attention of
the Employee or the care of an ill or injured child of the Employee or the
Employee’s spouse or critical illness of the Employee’s spouse. Effective August
1, 2013, sick leave will be amended to incorporate Minn. Stat. §181.9413.
24.4 If the Employer or the Employer Designated Representative has reason to believe
an Employee is abusing sick leave by review of the usage, the Employee may be
required to submit a doctor’s statement upon written advance notice from the
Employer or the Employer Designated Representative for future usage. Where
abuse is evident, an employee shall be subject to the provisions of Article 8 of the
AGREEMENT. Employees are expected to accumulate sick leave and not abuse it
by using it as it accrues monthly.
ARTICLE 25. PAID TIME OFF
25.01 Effective January 1, 2011 employees will have the opportunity to participate in the PTO
benefit. Employees who choose not to participate will have the option on an annual basis
to switch to the PTO plan during a period of open enrollment. Once the elect ion is made
to convert to the PTO program, employees cannot return to the vacation and sick leave
program. Articles 22 and 24 of the collective bargaining agreement will no longer apply
to members enrolling in the PTO plan. Once a minimum of 75% of employees have
enrolled in PTO, all new employees will automatically be offered PTO.
25.02 PTO can be used for any purpose, subject only to normal request/approval procedures
consistent with policy and labor agreements.
25.03 Requests for leave for reasons other than illness or injury must be submitted to the
supervisor a minimum of 14 days (two weeks) in advance when possible, and will be
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granted in seniority order. Requests made with less than 14 days’ notice will be granted
on a first-come, first-served basis consistent with policy and labor agreements. Time off
requests made with less than 14 days’ notice will not be denied solely because the request
was not made 14 days in advance.
25.04 Emergency use (illness or injury) requires notification to the supervisor a minimum of 60
minutes prior to the employee’s scheduled workday when possible. If the employer has
reason to believe an Employee is abusing the emergency use of PTO time, that employee
may be required to provide documentation of the emergency such as a physician’s note.
25.05 PTO time is accrued bi-weekly on an hourly basis.
25.06 The maximum amount of PTO that can be accrued and carried over to the next year will
be 576 hours.
25.07 An employee that leaves the city in good standing, after giving proper notice, will be
compensated for PTO leave accrued and unused to the date of separation. Good standing
is defined as an employee who has not been discharged or terminated for cause.
25.08 Employees using PTO leave will be considered to be working for the purpose of
accumulating additional PTO time.
25.09 Once during the calendar year full-time employees may cash out up to forty PTO hours.
Part-time employees have the ability to cash out a pro-rated value of 40 hours each calendar
year.
PTO ACCRUAL SCHEDULE
25.10 The accrual schedule for full-time employees is as follows:
1st year of employment, 18 days 144 hours
2nd year of employment, 18 days 144 hours
3rd year of employment, 19 days 152 hours
4th year of employment, 19 days 152 hours
5th year of employment, 20 days 160 hours
6th year of employment, 20 days 160 hours
7th year of employment, 22 days 176 hours
8th year of employment, 22 days 176 hours
9th year of employment, 24 days 192 hours
10th year of employment, 24 days 192 hours
11th year of employment, 26 days 208 hours
12th year of employment, 26 days 208 hours
13th year of employment, 28 days 224 hours
14th year of employment, 28 days 224 hours
15th year of employment, 30 days 240 hours
20th year of employment, 33 days 264 hours
CONVERSION
25.11 Conversion to the PTO plan is optional for employees.
25.12 Current vacation accruals will be converted 1:1 to the PTO accrual.
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25.13 Sick balances will be converted to an Extended Medical Bank (EMB) at a 1:1 ratio at the
time of PTO election.
25.14 Sick hours may be converted to PTO according to the employee’s years of service and
severance eligibility as defined under article 26.1 Severance Pay. This conversion must
occur at the time the employee chooses PTO and cannot put the employee over the
maximum accrual.
25.15 At retirement or separation, the value of the EMB will be either placed into a Health Care
Savings Plan or paid directly to the employee according to city policy and/or contract
language.
EXTENDED MEDICAL BANK
25.16 EMB hours may only be used after the first 40 consecutive hours of an absence for the
employee’s serious health condition, or the serious health condition of the employee’s
child. The forty hour waiting period shall apply to each separate incident of a serious health
condition.
25.17 For regular part-time employees, the waiting period before becoming eligible to use
extended leave pay shall be based on a pro-rated basis by determining the actual hours the
employee is scheduled to work according to the budget.
25.18 EMB leave shall not be considered as a privilege or vested right which an employee may
use at their discretion, but shall be considered as a type of insurance which shall be allowed
in case of a serious health condition of the employee or the employee’s child.
25.19 Employees shall notify their immediate supervisor or the Human Resources Department
on the first day of a qualifying serious health condition. Any employee using EMB leave
may be placed on concurrent FMLA leave.
EXTENDED MEDICAL BANK 2
25.20 EMB2 will accrue for all full-time employees who elect PTO at a rate of 32 hours each
year; part-time employees will receive pro-rated accrual. The accrued balance may only
be used after the employee’s PTO balance and EMB balance, if applicable, has been
exhausted and be used under the same terms identified under Extended Medical Bank parts
26.17 through 26.20.
25.21 The maximum accrual for EMB2 will be 340 hours.
25.22 At retirement or separation, the employee will receive no value from the EMB2 accrual.
ARTICLE 26. PARENTING LEAVE
26.1 In conformance with the Minnesota Human Rights Act and the Pregnancy
Discrimination Act, disability caused or contributed to by pregnancy, child birth
or related medical conditions shall be treated the same as disabilities caused or
contributed to by other medical conditions.
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26.2 A pregnant Employee who is unable to perform job duties and responsibilities due
to disabilities caused or contributed to by pregnancy, child birth or other related
medical conditions, is eligible to use sick leave in accordance with Article 24. The
Employer or the Employer Designated Representative reserves the right to request
an Employee to provide medical evidence of disability, illness or injuries. Failure
to provide such evidence shall result in the loss of sick leave for the period of
absence.
26.3 An Employee who wishes to request a leave of absence for purposes of child care
may request an unpaid leave of absence in accordance with Article 29.
26.4 Conferences shall be in compliance with Minnesota Statute.
26.5 Employees shall be able to use sick leave for the care of a minor child in
accordance with Minnesota Statue.
26.6 Adoptions shall be in compliance with Minnesota Statute.
ARTICLE 27. HEALTH CARE SAVINGS PLAN (HCSP) & SEVERANCE
PAY
The City will implement the Minnesota State Retirement System Post-Employment
Health Care Savings Plan (HCSP), which allows employees to save money on a pre-tax
basis to pay medical expenses and/or health insurance premiums after separation from the
city. Employees will be able to choose among several different investment options
provided by the State Board of Investment. Assets in the program will accumulate tax-
free. This plan is pursuant to Minnesota Statutes §352.98.
Retirement eligibility is determined based on PERA’s definitions for retirement. The
mandatory employee contribution into the HCSP will be 100% of eligible severance pay
(sick leave/extended medical bank).
The Minnesota State Retirement System will determine all provisions of this plan, and an
employee will deal directly with the State Retirement System on all account matters. The
City’s responsibility will be to process the initial employee enrollment in the plan and to
forward the appropriate employee contributions.
27.1 Salary Contributions: Employees shall contribute one percent (1%) of their gross
earnings per pay period.
27.2 Severance pay: shall be paid to full-time Employees based on the following
schedule:
a) After 5 years of full-time service, 35% of the Employee’s unused
sick leave.
b) After 10 years of full-time service, 45% of the Employee’s unused
sick leave.
c) After 15 years of full-time service, 55% of the Employee’s unused
sick leave.
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27.3 Only service with the Employer shall be counted towards the time required for a
person to be eligible. Severance pay is to be based only on the Employee’s wage
schedule base pay rate, exclusive of any longevity, investigator, or education
incentive pay, and shall be the wage rate in effect on the date of termination.
Employee must leave the service in good standing and give the Employer or the
Employer Designated Representative two (2) weeks written notice of termination.
ARTICLE 28. INJURY ON DUTY
28.1 An employee who, in the ordinary course of employment, while acting in a
reasonable and prudent manner and in compliance with established rules and
procedures of the Employer, is injured during the performance of his/her duties
and thereby unable to work, shall be paid the difference between the Employee’s
regular pay, including longevity and/or educational incentive pay, and the
worker’s compensation insurance payments for a period not to exceed the
equivalent of 260 eight (8) hour working-days. A working day is defined as the
combination of worker’s compensation insurance and injury on duty pay.
28.2 For each day of injury on duty used, one eight (8) hour day shall be deducted
from the Employee’s accumulated injury on duty leave of up to one calendar year
of two hundred sixty (260) working-days.
28.3 The Employee must be eligible for and receive worker’s compensation insurance
wage benefits to be eligible for and receive injury on duty pay from the Employer.
28.4 An Employee shall continue to accumulate vacation and sick leave while on
injury on duty leave.
28.5 The Employer or the Employer Designated Representative shall have the right to
request and receive reports from the Employees doctor(s) on the Employee’s
condition and ability to return to work, and the right to have the Employee
examined by the Employer’s doctor to determine his/her condition and ability to
perform the duties of the Employee’s position.
28.6 An Employee may choose to use sick leave and/or vacation leave after his/her
injury on duty leave is exhausted.
ARTICLE 29. FUNERAL LEAVE
29.1 All Employees will be granted, if requested, up to three days funeral leave for a
death in the Employee’s immediate family.
29.2 Immediate family shall include mother, father, husband, wife, son, daughter,
brother, sister, mother-in-law and father-in-law of the Employee and grandparents
of the Employee.
ARTICLE 30. LEAVE OF ABSENCE WITHOUT PAY
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30.1 Upon request of an Employee, leave of absence without pay may be granted by
the Employer taking into consideration good conduct, length of service, and
efficiency of the Employee and the general good of the municipal service. Such
leave of absence shall not exceed a period of ninety (90) days; provided that the
same may be extended beyond such period if the leave of absence is for continued
disability or other good and sufficient reasons, but in no case to exceed one year,
except when the Employee is called in to military service or is disabled from
disability incurred while in the service of the City. No benefits shall accrue during
a period of leave of absence without pay.
ARTICLE 31. JURY DUTY
31.1 In the case of jury duty or subpoena for witness in court, an Employee shall
receive an amount of compensation which will equal the difference between an
Employee’s regular pay and compensation paid for jury duty or witness fee.
ARTICLE 32. UNIFORMS
32.1 Sergeants shall receive a uniform allowance each year. Effective January 1, 2024,
this allowance will be $1,100 . The allowance will be processed through payroll
the 4th week of January.
32.2 Bullet proof vests shall be provided by the Employer, in addition to the uniform
allowance, and replaced as needed due to poor conditions or at the end of the life
expectancy as determined by the manufacturer. Soft body armor shall be
provided by the Employer and replaced as needed due to poor condition or as
recommended by the manufacturer’s specifications. This shall be done without
deduction from the uniform allowance.
32.3 Employees assigned to Sergeant/Investigator position shall receive a uniform
allowance in accordance with the terms and conditions under Exhibit A to this
Agreement.
32.4 Upon termination of employment, Employees of the Police Department shall
return all uniform articles paid for by the Employer under the terms of this
Agreement, except shoes. The Chief of Police shall issue a receipt to the
Employee for said articles upon his receipt before the issuance of the Employee’s
last pay check.
ARTICLE 33. PERSONAL PROPERTY REIMBURSEMENT
33.1 Employees may submit a report of claim to the Chief of Police of a wrist watch,
prescription glasses or contact lens damaged, or contact lens lost, in the line of
duty and request reimbursement for the cost of repair or replacement up to
$225.00 per year, per Employee. If the article is to be replaced, the damaged
watch, glasses or contact lens shall be turned in to the department with the report.
33.2 The claim for reimbursement shall be submitted with an estimate of the cost of
repair from an appropriate watch repair or eye glass business. The claim will be
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approved if the requirements of Article 33.1 have been met and the Chief of
Police approves the claim after determining from the written report the damage
was caused by activity in the line of duty.
ARTICLE 34. WAIVER
34.1 The parties mutually acknowledge that during the negotiations which resulted in
this Agreement, each had the unlimited right and opportunity to make demands
and proposals with respect to any subject or matter not removed by law from the
area of collective bargaining and that the understandings and agreements arrived
at by the parties after the exercise of that right and opportunity are set forth in the
Agreement. Therefore, the Employer and L.E.L.S., for the life of this Agreement
each voluntarily and unqualifiedly waive the right, and each agrees that the other
will not be obligated to bargain collectively with respect to any subject or matter
referred to or covered in this Agreement or with respect to any subject or matter
not specifically referred to or covered in this Agreement, even though such
subject or matter may not have been within the knowledge or contemplation of
either or both of the parties at the time that they negotiated or signed this
Agreement.
ARTICLE 35. LONG-TERM DISABILITY INSURANCE
35.1 The City shall contribute one-hundred percent (100%) of the cost of the long-term
disability insurance policy for all eligible employees.
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ARTICLE 36. DRUG AND ALCOHOL TESTING POLICY
36.1 Drug and alcohol testing policy language – see attached.
ARTICLE 37. LICENSE PAY
37.1 The Employer shall contribute 100% of the cost of the license fee required by the
Minnesota Peace Officer Standards and Training Board (POST).
ARTICLE 38. INDEMNIFICATION
38.1 Should future amendment to Minn. Statute § 471.44 or 466.07 be amended during
the term of the 2026-2027 collective bargaining agreement in a manner that impact
employees’ terms and conditions of employment, the Union or Employer may elect to re-
open the Labor Agreement to meet and negotiate issues relative to those amendments.
ARTICLE 39. CARDIO EXAM REIMBURSEMENT
39.1 Upon completion of a cardio exam, the Employer agrees to reimburse eligible
Employees up to $400 for Employee out of pocket expense not covered by health
insurance every 3 years. Expenses for which the Employee could be compensated
through other programs, such as health insurance, donated funds, foundations or wellness
programs, will not be eligible. Proof of exam and payment must be submitted for
reimbursement within 45 days of exam date.
ARTICLE 40. DURATION
40.1 This Agreement shall by effective as of January 1, 2026, and shall remain in full
force and effect until December 31, 2027.
CITY OF LAKEVILLE
____________________________________ DATE:________________________
Luke M. Hellier, Mayor
____________________________________ DATE:________________________
Justin Miller, City Administrator
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LAW ENFORCEMENT LABOR SERVICES, INC., LOCAL NO. 177
___________________________________ DATE:________________________
Rick Mathwig, Business Agent
__________________________________ DATE:________________________
Union Steward
___________________________________ DATE:________________________
Union Steward
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APPENDIX A: SALARY SCHEDULE
Effective 1/1/2026, employees currently placed at Step 4 of the pay plan will be moved to
Step 5. These employees will then continue to follow the regular step progression on their
position’s anniversary date, per the usual step increase process.
2026 Pay Plan
Wages effective January 1, 2026 (rates include 3% COLA )
Grade 15 Removed Step 1 – Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
Annual $126,017.99 $130,743.68 $135,646.57 $140,733.31 $146,010.80
Hourly
Rate $60.59 $62.86 $65.21 $67.66 $70.20
2026 Pay Plan
Wages effective June 8, 2026 (rates include 3% Market Rate Adjustment )
Grade 15 Removed Step 1 – Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
Annual $129,798.53 $134,665.99 $139,715.97 $144,955.31 $150,391.12
Hourly
Rate $62.40 $64.74 $67.17 $69.69 $72.30
2027 Pay Plan
Wages effective January 1, 2027 (rates include 3% COLA )
Grade 15 Removed Step 1 – Step 3 Step 4 Step 5 Step 6 Step 7 Step 8
Annual $133,692.49 $138,705.97 $143,907.45 $149,303.97 $154,902.86
Hourly
Rate $64.28 $66.69 $69.19 $71.78 $74.47
For 2027, the parties shall reopen the labor agreement for the sole purpose of negotiating wages if
the top 2026 Lakeville Sergeant wage rate on December 31, 2026 is three and one-half percent
(3.5%) above average or less than the average top Sergeant rate on December 31, 2026 based on
the results of the wage study conducted by the Employer in 2026.
All step increases will be tied to an annual performance evaluation completed 30 days before the
scheduled step increase. An evaluation that meets or exceeds an acceptable performance report
would entitle the employee to progress to the next step in their position grade.
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EXHIBIT A
INVESTIGATOR/SERGEANT
UNIFORMS
A specific uniform code will not be established for officers permanently assigned
to these units. These officers will, however, be expected to present a professional, neatly
attired appearance at all times. The exception to this is when undercover or other details
require the assumption of a manner of dress which is designed to protect the identity and
safety of the officer. These officers are expected to maintain a compliment of regulation
uniforms (per Article 33.1) so as to be available for street assignment as the need arises.
Officers assigned to these units may use their uniform allowance by charging
items at a supplier to be chosen by the Chief of Police. The uniform requisition format
will be followed. Approved items include: suits, blazers, slacks, vests, dress shirts,
neckwear, outer coats, shoes, sweaters and belts. Casual wear (jeans, etc.), underclothing,
jewelry and accessory items are not approved.
Items purchased under Exhibit A will not have to be returned to the City in the
event that an Employee resigns.
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DRUG AND ALCOHOL TESTING POLICY
POLICE
I. The City recognizes drug and alcohol abuse by EMPLOYEES as threatening
the welfare of the public and the well being of the other employees. Therefore,
the City has established drug and alcohol testing for positions covered by this
Policy as a means of protecting the public’s welfare and EMPLOYEE’s well
being.
II. The intent of this article is to prevent drug and alcohol abuse by
EMPLOYEES and to offer the opportunity for rehabilitation of EMPLOYEES
who have tested positively for drug and alcohol use while on duty.
III. The City shall inform a job applicant prior to testing. Information shall
include the City’s right to request a test, the processing of a test, the
consequences of testing positively and the rights of the EMPLOYEE.
IV. Before requesting an EMPLOYEE or a job applicant to undergo drug or
alcohol testing the City shall provide the EMPLOYEE or job applicant with a
form developed by the City on which to acknowledge the EMPLOYEE or job
applicant has reviewed the Policy. On an additional form, the EMPOYEE or
job applicant may indicate any over the counter or prescription medications
that they are currently taking or have recently taken and any other information
relative to the liability of or explanation for a positive test result. This form
will be completed at the collection site and will not be reviewed by the
EMPLOYER.
V. Random testing is prohibited.
VI. The City shall not require and EMPLOYEE or job applicant to undergo drug
or alcohol testing except as authorized below:
A. The City may require a job applicant to undergo drug or alcohol testing
provided a job offer has been made to the applicant and the same test is
required of all job applicants conditionally offered employment for that
position. If the job is withdrawn the City shall inform the applicant of the
reasons for its actions.
B. The supervisor in charge may require an EMPLOYEE to undergo drug or
alcohol testing provided a reasonable attempt has been made to receive
approval the Chief of Police, that said requirement is stated in writing, and
there is reasonable suspicion that the employee:
Page 56 of 197
27
1. Is under the influence of drugs or alcohol;
2. Is found to personally possess illicit drugs or alcohol while
on duty; unless possession is in conjunction with their official
duties.
3. Sustained a personal injury or caused another employee to
sustain a personal injury and the supervisor in charge has
reasonable suspicion that drugs of alcohol were involved;
4. Has caused a work related accident or was helping to operate
machinery equipment or vehicles involved in a work related
accident and the supervisor in charge has reasonable
suspicion that drugs or alcohol were involved.
C. The City may require an EMPLOYEE to undergo drug or alcohol testing
if the EMPLOYEE has been referred by the City for chemical dependency
treatment or evaluation which results in a determination that the employee
is chemically dependent, in which case the employee may be required to
undergo drug or alcohol testing without prior notice during the evaluation
or treatment period and for a period of up to two (2) years following
completion of any prescribed chemical dependency treatment program.
D. Reasonable suspicion shall be defined as that quantity of proof or evidence
that is more than a hunch, but less than probable cause. Reasonable
suspicion must be based on specific, objective facts and any rationally
derived inferences from those facts about the conduct of an individual that
would lead the reasonable person to suspect that the individual is or has
been using drugs while on or off duty.
VII. Test sample collection shall be conducted in a manner which provides a high
degree of security for the sample and freedom from adulteration.
EMPLOYEES may not be witnessed while submitting a urine sample.
Administrative procedures and biologic testing of the samples shall be
conducted to prevent the submission of fraudulent tests. All screening tests
shall make use of a split sample which shall be used for confirmatory retests.
Upon request, an EMPLOYEE shall be entitled to the presence of a union
representative before testing is administered. The testing may not be delayed
for an unreasonable amount of time to allow the employee this opportunity.
VIII. All samples shall be tested for CHEMICAL ADULTERATION, OPIATES,
CANNABIS, PCP, COCAINE, AMPHETAMINES, BARBITURATES,
BENZODIAZEPINES AND ALCOHOL. The testing shall be done at a
laboratory to be determined by the City and the following standards shall be
used:
Page 57 of 197
28
DRUG SCREENING TEST CONFIRMATION
Amphetamines 1,000 ng/ml Amphetamine 500 ng/mg GC-MS
Barbiturates 300 ng/ml Barbiturate 300 ng/ml GC-MS
Benzodiazepine 300 ng/ml Oxazepam 300 ng/ml GC-MS
Cannabis 50 ng/ml Delta-THC 15 ng/ml GC-MS
Cocaine 300 ng/ml Metabolite 150 ng/ml GC-MS
Opiates 300 ng/ml Morphine, Codeine 300 ng/ml GC-MS
PCP 200 ng/ml PCP 25 ng/ml GC-MS
Alcohol 0.040 gm/dl Alcohol 0.040 gm/dl GC-MS
IX. Any sample which has been altered or is shown to be a substance other than
urine or blood shall be reported as such. All samples which test positive on a
screening test shall be confirmed by gas chromatography-mass
spectrophotometry, and no records of unconfirmed positive tests shall be
released by the laboratory.
X. Initial screening tests and confirmatory tests shall be at the sole cost of the
City.
XI. Testing and evaluation procedures shall be conducted in a manner to ensure
that an EMPLOYEE’S legal drug use does not affect the test results.
XII. All results shall be evaluated by a suitably trained occupational physician or
occupational nurse prior to being reported.
XIII. Test results shall be treated with the same confidentiality as other
EMPLOYEE medical records. The test results shall not be reported outside
the City organization.
XIV. Each EMPLOYEE whose confirmatory tests indicate positive for drug or
alcohol use shall be medically evaluated by a substance abuse professional. If
required by the substance abuse professional, the employee will then be
counseled and treated for rehabilitation. At any time an employee may
voluntarily enter the chemical dependency program. This program is designed
to provide care and treatment to EMPLOYEES who are in need of
rehabilitation. Details concerning treatment any EMPLOYEE receives at this
program shall remain confidential between the City and EMPLOYEE and
shall not be released to the public. The EMPLOYER shall not be responsible
for the cost of the treatment. The EMPLOYEES’ health care provider shall
provide a portion of the cost of the treatment.
XV. No EMPLOYEE shall be relieved of his or her position based on one positive
confirmatory test result although the EMPLOYEE may be re-evaluated for his
or her assignment. When undergoing treatment and evaluation, EMPLOYEES
shall receive the usual compensation and fringe benefits provided at the time
assigned position provided the employee is using available accumulated leave.
Page 58 of 197
29
XVI. Each EMPLOYEE has the right to challenge the results of drug testing in the
same manner that he or she may grieve any managerial action.
XVII. Upon successful completion of rehabilitation, the EMPLOYEE shall be
returned to her or his regular duty assignment. EMPLOYEE reassignment
during treatment shall be based on each individual’s circumstances. If follow-
up care is prescribed after treatment, this may be a condition of employment.
Once treatment and any follow-up is completed and provided no further
incidents of positive confirmatory tests occur, at the end of two (2) years the
records of treatment and positive drug test results shall be retired to a closed
medical record, given to the employee. Reference of the incident shall be
removed from the employee’s personnel file.
XVIII. EMPLOYEES shall be subject to the disciplinary actions prescribed in Article
8 if the employee:
A. Refuses to undergo drug or alcohol testing; employee may refuse to
undergo drug or alcohol testing of a blood sample upon religious grounds
if they consent to testing of a urine sample.
B. Fails to successfully complete a required rehabilitation program as
prescribed by a substance abuse professional;
C. Tests positively after completing the initial rehabilitation program. The
employee will be given the opportunity to complete a second rehabilitation
program. If the employee refuses to complete a second rehabilitation
program or if she or he tests positively after the completion of a second
rehabilitation program, disciplinary action as prescribed in the union
contract may be applied.
XIX. An EMPLOYEE may request a confirmatory retest of the original sample at
the EMPLOYEE’S own expense within 5 days of receiving notice of a
positive confirmatory test result. It shall be the responsibility of the
EMPLOYEE to contact the EMPLOYER who will work with the
EMPLOYEE to contact the laboratory which performed the original test and
also make arrangements with a second federally certified laboratory to
perform the confirmatory retest. If the confirmatory retest does not confirm
the original positive test result, no adverse personnel action based on the
original result may be taken against the EMPLOYEE and the City will
reimburse the EMPLOYEE for the actual cost of the confirmatory retest.
XX. The EMPLOYEE, upon request and subject to approval of the testing
laboratory will have the right to inspect and observe any aspect of the drug
testing program. The UNION may inspect individual test results if the release
of this information is authorized by the EMPLOYEE involved.
XXI. This drug testing program is solely initiated at the behest of the CITY for the
safety and well-being of the public and EMPLOYEES. The CITY shall be
Page 59 of 197
30
solely liable for any legal obligations for its actions of requiring testing or for
actions taken as a result of testing.
XXII. This Policy is in no way intended to supersede or waive an EMPLOYEE’S
federal or state constitutional rights, or contractual rights.
XXIII. This policy is subject to the interpretation of the state law pertaining to drug
and alcohol testing.
Page 60 of 197
LABOR AGREEMENT
Final Audit Report 2026-02-24
Created:2026-02-23
By:Alissa Frey (afrey@lakevillemn.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAAhVXKnA4Vj91DANaENsKUO6wIog5o7Is
"LABOR AGREEMENT" History
Document created by Alissa Frey (afrey@lakevillemn.gov)
2026-02-23 - 9:46:32 PM GMT
Document emailed to Rick Mathwig (rmathwig@lels.org) for signature
2026-02-23 - 9:46:38 PM GMT
Email viewed by Rick Mathwig (rmathwig@lels.org)
2026-02-24 - 2:49:30 PM GMT
Document e-signed by Rick Mathwig (rmathwig@lels.org)
Signature Date: 2026-02-24 - 3:42:30 PM GMT - Time Source: server
Document emailed to Alex Johannes (ajohannes@lakevillemn.gov) for signature
2026-02-24 - 3:42:32 PM GMT
Email viewed by Alex Johannes (ajohannes@lakevillemn.gov)
2026-02-24 - 3:42:51 PM GMT
Document e-signed by Alex Johannes (ajohannes@lakevillemn.gov)
Signature Date: 2026-02-24 - 4:03:21 PM GMT - Time Source: server
Document emailed to Michelle Roberts (mroberts@lakevillemn.gov) for signature
2026-02-24 - 4:03:22 PM GMT
Email viewed by Michelle Roberts (mroberts@lakevillemn.gov)
2026-02-24 - 4:20:20 PM GMT
Document e-signed by Michelle Roberts (mroberts@lakevillemn.gov)
Signature Date: 2026-02-24 - 4:24:21 PM GMT - Time Source: server
Agreement completed.
2026-02-24 - 4:24:21 PM GMT
Page 61 of 197
Date: 3/2/2026
Agreement with JL Theis, Incorporated for Lakeville Area Arts Center Playground
Sitework
Proposed Action
Staff recommends adoption of the following motion: Move to approve Agreement with JL
Theis, Inc. for Lakeville Area Arts Center Playground Sitework.
Overview
In late 2023, the City purchased the Alternative Learning Center, located next to the Lakeville
Area Arts Center (LAAC), and repurposed it as the Fine Arts Building (FAB). The purchase of
new play equipment was approved by the Mayor and City Council at the January 5, 2026
meeting, utilizing a $90,000 donation from Lakeville based QA1. This agreement includes the
necessary sitework and improvements for the new playground that are not included in the play
structure installation. The scope of work includes the following:
• Removal of playground surfacing, rock and benches
• Removal of curb and gutter, storm pipe and various areas of pavement
• Installation of storm drain and connection to the existing storm system
• Site restoration, installation of weed barrier, rock mulch, shredded wood mulch and
sod
• Additional landscaping improvements
A bid opening was held on February 5, and four competitive bids were received. The base bids
ranged from a high of $154,256.87 to a low of $108,824.00. JL Theis, Inc. submitted the low bid
and included a bid alternate for a total of $120,997.00. The bid alternate scope of work includes:
• Temporary fence installation
• Deciduous shrubs and herbaceous plantings
• Metal landscaper edger and other items
The installation of the new play equipment and sitework is slated for completion this summer.
Supporting Information
1. Site Location Map
2. February 5, 2025 Bid Tabulation Summary
3. WSB Letter of Recommendation
4. Agreement with JL Theis, Inc. for Lakeville Art Center Playground Sitework
Page 62 of 197
Financial Impact: $120,997.00 Budgeted: Yes Source: Major Maintenance & CIP
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Joe Masiarchin Parks and Recreation Director
Page 63 of 197
SCALE:
PLAN BY:
DESIGN BY:
CHECK BY:
SHEET
WSB PROJECT NO.
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Lakeville, MN
Art Center Playground Improvements
WSB Project Number
THE SUBSURFACE UTILITY INFORMATION SHOWN ON THESE DRAWINGS
CONCERNING TYPE AND LOCATION OF PRIVATE UTILITIES HAS BEEN
DESIGNATED UTILITY QUALITY LEVEL D. THESE UTILITY QUALITY LEVELS
WAS DETERMINED ACCORDING TO THE GUIDELINES OF CI/ASCE 38-02,
ENTITLED "STANDARD GUIDELINES FOR THE COLLECTION AND DEPICTION
OF EXISTING SUBSURFACE UTILITY DATA." THE CONTRACTOR IS TO
DETERMINE THE TYPE AND LOCATION OF PRIVATE UTILITIES AS MAY BE
DEEMED NECESSARY TO AVOID DAMAGE THERETO.
PROJECT SITE
Project Location Address:
20965 Holyoke Ave, Lakeville, MN 55044
THIS PLAN SET HAS BEEN PREPARED FOR:
NAME
City of Lakeville
20195 Holyoke Ave, Lakeville, MN 55044
N
Issue Date 10/22/2025
028500-000
SCALE:
1
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PROJECT LOCATION MAP
NOT TO SCALE
COVER SHEET
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City Improvement Project Number XXXXXXX
HORIZONTAL DATUM:
VERTICAL DATUM:
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Sheet Number Sheet Title
L1.0 COVER SHEET
L2.0 DEMOLITION PLAN
L3.0 LAYOUT PLAN
L4.0 GRADING PLAN
L5.0 RESTORATION PLAN
L5.1 ADD ALTERNATE RESTORATION
L6.0 MISCELLANEOUS DETAILS
L6.1 MISCELLANEOUS DETAILS
Page 64 of 197
CONTRACTOR BASE BID ALTERNATE TOTAL BID
Blackstone Contractors, LLC.154,256.87$ 14,931.05$ 169,187.92$
Friedges Landscaping, Inc.133,174.93$ 11,082.00$ 144,256.93$
JL Theis, Inc.108,824.00$ 12,173.00$ 120,997.00$
Pember Companies, Inc.126,055.20$ 9,904.84$ 135,960.04$
LAAC Playground RFP Results
2/5/2026
Page 65 of 197
C:\ACC\ACCDocs\WSB\028500-000\Project Files\06_Construction\Bidding\028500-000 LOR_2026_0210.docx
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February 10, 2026
Honorable Mayor and City Council
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Re: Art Center Playground Project
City of Lakeville
WSB Project No. 028500-000
Dear Mayor and Council Members:
A total of four quotes were received for the above-referenced project on February 5, 2026 for the
site work for the Art Center playground project. The playground equipment is not included in this
amount. The amounts were checked for mathematical accuracy. Please find enclosed the bid
summary.
The low bidder was JL Theis, Inc. with a base bid total of $108,824.00 and an Add Alternate
landscaping bid total of $12,173.00 for a grand total of $120,997.
We recommend that the City Council award a contract for the base bid and add alternate with JL
Theis, Inc. for a total contract amount of $120,997 based on the results of the bids received. We
also recommend setting aside a minimum of $6,000 for a 5% construction contingency.
Sincerely,
WSB
Candace Amberg, PLA
Senior Project Manager
Page 66 of 197
1
184651v1
AGREEMENT
BETWEEN CITY OF LAKEVILLE AND JL THEIS, INC.
FOR ART CENTER PLAYGROUND SITEWORK
THIS AGREEMENT made this 2nd day of March 2026, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation (“Owner” or “City”) and JL THEIS, INC. a
Minnesota municipal corporation (“Contractor”). Owner and Contractor, in consideration of the
mutual covenants set forth herein, agree as follows:
1. CONTRACT DOCUMENTS. The following documents shall be referred to as the
“Contract Documents”, all of which shall be taken together as a whole as the contract between the
parties as if they were set verbatim and in full herein:
A. This Agreement.
B. The City’s Request for Proposal dated January 12, 2026, prepared by WSB.
C. Contractor’s Bid Form.
In the event of a conflict among the provisions of the Contract Documents, the order in which they
are listed above shall control in resolving any such conflicts. Contract Document “A” has the first
priority and Contract Document “C” has the last priority.
2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the
goods, services, and perform the work in accordance with the Contract Documents. Contractor shall
not begin any work until the City has received the signed contract and has reviewed and approved
the insurance certificates and has given the Contractor a written notice to proceed. Contractor shall
exercise the same degree of care, skill, and diligence in the performance of the services as is
ordinarily possessed and exercised by a contractor under similar circumstances. City shall not be
responsible for discovering deficiencies in the accuracy of Contractor’s services.
3. CONTRACT PRICE. Owner shall pay Contractor for completion of the Work, in
accordance with the Contractor’s Proposal for the Base Bid and Alternate Bid. Additional work
performed without the City’s written approval will not entitle Contractor to an increase in the
Contract Price or an extension of the Contract Time.
4. PAYMENT PROCEDURES.
A. Contractor shall submit Applications for Payment. Applications for Payment
will be processed by the Parks Superintendent.
B. Progress Payments; Retainage. Owner shall make 95% progress payments
on account of the Contract Price on the basis of Contractor’s Applications for
Payment during performance of the Work.
C. Payments to Subcontractors.
Page 67 of 197
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184651v1
(1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25,
Subd. 4a, the Contractor must pay any subcontractor within ten (10)
days of the Contractor’s receipt of payment from the City for
undisputed services provided by the subcontractor. The Contractor
must pay interest of 1 ½ percent per month or any part of a month to
the subcontractor on any undisputed amount not paid on time to the
subcontractor. The minimum monthly interest penalty payment for
an unpaid balance of $100.00 or more is $10.00. For an unpaid
balance of less than $100.00, the Contractor shall pay the actual
penalty due to the subcontractor.
(2) Form IC-134 (attached) required from general contractor. Minn. Stat.
§ 290.92 requires that the City of Lakeville obtain a Withholding
Affidavit for Contractors, Form IC-134, before making final
payments to Contractors. This form needs to be submitted by the
Contractor to the Minnesota Department of Revenue for approval.
The form is used to receive certification from the state that the vendor
has complied with the requirement to withhold and remit state
withholding taxes for employee salaries paid.
D. Final Payment. Upon final completion of the Work, Owner shall pay the
remainder of the Contract Price as recommended by the Parks
Superintendent. Final completion shall be when all of the work is completed
per the contract and 80% of the permanent cover is established, as determined
by the Parks Superintendent.
5. COMPLETION DATE. The Work must be completed by June 19, 2026.
6. CONTRACTOR’S REPRESENTATIONS.
A. Contractor has examined and carefully studied the Contract Documents and
other related data identified in the Contract Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to
the general, local, and Site conditions that may affect cost, progress, and
performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local
laws and regulations that may affect cost, progress, and performance of the
Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of
subsurface conditions at or contiguous to the Site and all drawings of physical
conditions in or relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities) which have been
identified in the General Conditions and (2) reports and drawings of a
Hazardous Environmental Condition, if any, at the site.
Page 68 of 197
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184651v1
E. Contractor has obtained and carefully studied (or assumes responsibility for
doing so) all additional or supplementary examinations, investigations,
explorations, tests, studies, and data concerning conditions (surface,
subsurface, and Underground Facilities) at or contiguous to the Site which
may affect cost, progress, or performance of the Work or which relate to any
aspect of the means, methods, techniques, sequences, and procedures of
construction to be employed by Contractor, including any specific means,
methods, techniques, sequences, and procedures of construction expressly
required by the Bidding Documents, and safety precautions and programs
incident thereto.
F. Contractor does not consider that any further examinations, investigations,
explorations, tests, studies, or data are necessary for the performance of the
Work at the Contract Price, within the Contract Times, and in accordance
with the other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner
and others at the Site that relates to the Work as indicated in the Contract
Documents.
H. Contractor has correlated the information known to Contractor, information
and observations obtained from visits to the Site, reports and drawings
identified in the Contract Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Contract
Documents.
I. The Contract Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for performance and furnishing of
the Work.
J. Subcontracts:
(1) Unless otherwise specified in the Contract Documents, the Contractor
shall, upon receipt of the executed Contract Documents, submit in
writing to the Owner the names of the Subcontractors proposed for
the work. Subcontractors may not be changed except at the request
or with the consent of the Owner.
(2) The Contractor is responsible to the Owner for the acts and omissions
of the Contractor's subcontractors, and of their direct and indirect
employees, to the same extent as the Contractor is responsible for the
acts and omissions of the Contractor's employees.
(3) The Contract Documents shall not be construed as creating any
contractual relation between the Owner and any subcontractor.
Page 69 of 197
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184651v1
(4) The Contractor shall bind every subcontractor by the terms of the
Contract Documents.
7. WORKER’S COMPENSATION. The Contractor shall obtain and maintain for
the duration of this Contract, statutory Worker’s Compensation Insurance and Employer’s Liability
Insurance as required under the laws of the State of Minnesota.
8. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City
a certificate of insurance showing proof of the required insurance required under this
Paragraph. Contractor shall take out and maintain or cause to be taken out and maintained until six
(6) months after the City has accepted the public improvements, such insurance as shall protect
Contractor and the City for work covered by the Contract including workers’ compensation claims
and property damage, bodily and personal injury which may arise from operations under this
Contract, whether such operations are by Contractor or anyone directly or indirectly employed by
either of them. The minimum amounts of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of
the State of Minnesota, including Employer’s Liability with minimum limits are as
follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
The Contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the states
of the United States and qualified to do business in the State of Minnesota, (ii) shall name the
City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement
which shall be filed with the City. A copy of the endorsement must be submitted with the
certificate of insurance.
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Contractor’s policies and Certificate of Insurance shall contain a provision that coverage
afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced
written notice to the City, or ten (10) days’ notice for non-payment of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s
policy limits on a follow-form basis to satisfy the full policy limits required by this Contract.
9. WARRANTY. The Contractor shall be held responsible for any and all defects in
workmanship and materials which may develop in any part of the contracted service, and upon
proper notification by the City shall immediately replace, without cost to the City, any such faulty
work.
10. INDEMNIFICATION. To the fullest extent permitted by law, Contractor agrees
to defend, indemnify and hold harmless the City, and its employees, officials, and agents from and
against all claims, actions, damages, losses and expenses, including reasonable attorney fees, arising
out of Contractor’s negligence or its performance or failure to perform its obligations under this
Contract. Contractor’s indemnification obligation shall apply to subcontractor(s), or anyone
directly or indirectly employed or hired by Contractor, or anyone for whose acts Contractor may be
liable. Contractor agrees this indemnity obligation shall survive the completion or termination of
this Contract.
11. PERFORMANCE AND PAYMENT BONDS. Performance and Payment Bonds
are not required.
12. MISCELLANEOUS.
A. Terms used in this Agreement have the meanings stated in the General
Conditions.
B. Owner and Contractor each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns
and legal representatives in respect to all covenants, agreements, and
obligations contained in the Contract Documents.
C. Any provision or part of the Contract Documents held to be void or
unenforceable under any law or regulation shall be deemed stricken, and all
remaining provisions shall continue to be valid and binding upon Owner and
Contractor, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the
stricken provisions.
D. Data Practices/Records.
(1) All data created, collected, received, maintained or disseminated for
any purpose in the course of this Contract is governed by the
Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any
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184651v1
other applicable state statute, or any state rules adopted to implement
the act, as well as federal regulations on data privacy.
(2) All books, records, documents and accounting procedures and
practices to the Contractor and its subcontractors, if any, relative to
this Contract are subject to examination by the City.
E. All reports, plans, models, software, diagrams, analyses, and information
generated in connection with performance of this Agreement shall be the
property of the City. The City may use the information for its purposes.
F. Patented devices, materials and processes. If the Contract requires, or the
Contractor desires, the use of any design, devise, material or process covered
by letters, patent or copyright, trademark or trade name, the Contractor shall
provide for such use by suitable legal agreement with the patentee or owner
and a copy of said agreement shall be filed with the Owner. If no such
agreement is made or filed as noted, the Contractor shall indemnify and hold
harmless the Owner from any and all claims for infringement by reason of
the use of any such patented designed, device, material or process, or any
trademark or trade name or copyright in connection with the Project agreed
to be performed under the Contract, and shall indemnify and defend the
Owner for any costs, liability, expenses and attorney's fees that result from
any such infringement.
G. In providing services hereunder, Contractor shall abide by all statutes,
ordinances, rules and regulations pertaining to the provisions of services to
be provided.
H. Assignment. Neither party may assign, sublet, or transfer any interest or
obligation in this Contract without the prior written consent of the other party,
and then only upon such terms and conditions as both parties may agree to
and set forth in writing.
I. Waiver. In the particular event that either party shall at any time or times
waive any breach of this Contract by the other, such waiver shall not
constitute a waiver of any other or any succeeding breach of this Contract by
either party, whether of the same or any other covenant, condition or
obligation.
J. Governing Law/Venue. The laws of the State of Minnesota govern the
interpretation of this Contract. In the event of litigation, the exclusive venue
shall be in the District Court of the State of Minnesota for Dakota County.
K. Severability. If any provision, term or condition of this Contract is found to
be or become unenforceable or invalid, it shall not affect the remaining
provisions, terms and conditions of this Contract, unless such invalid or
Page 72 of 197
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184651v1
unenforceable provision, term or condition renders this Contract impossible
to perform. Such remaining terms and conditions of the Contract shall
continue in full force and effect and shall continue to operate as the parties’
entire contract.
L.Entire Agreement. This Contract represents the entire agreement of the
parties and is a final, complete and all-inclusive statement of the terms
thereof, and supersedes and terminates any prior agreement(s),
understandings or written or verbal representations made between the parties
with respect thereto.
M.Permits and Licenses; Rights-of-Way and Easements. The Contractor shall
give all notices necessary and incidental to the construction and completion
of the Project. The City will obtain all necessary rights-of-way and
easements. The Contractor shall not be entitled to any additional
compensation for any construction delay resulting from the City’s not timely
obtaining rights-of-way or easements.
N.If the work is delayed or the sequencing of work is altered because of the
action or inaction of the Owner, the Contractor shall be allowed a time
extension to complete the work but shall not be entitled to any other
compensation.
OWNER:
CITY OF LAKEVILLE
BY: ____________________________
Luke M. Hellier, Mayor
AND ___________________________
Taylor Snider, Deputy City Clerk
Page 73 of 197
Date: 3/2/2026
Radio Advertising Agreement with KTMY-FM, LLC. for the Lakeville Area Arts Center
Proposed Action
Staff recommends adoption of the following motion: Move to approve Radio Advertising
Agreement with KTMY-FM, LLC. for the Lakeville Area Arts Center.
Overview
To increase awareness and extend our geographic reach, the Lakeville Area Arts Center (LAAC)
requests consent to extend our partnership with Hubbard Broadcasting for an additional 12
months. Since 2021, this collaboration has successfully expanded our exposure across the metro
area. The Mayor and City Council reviewed and approved the terms and conditions of this
proposal at their January 5, 2026 meeting but an agreement was not executed at that time.
Funding for this extension will be drawn from our advertising budget and the Minnesota State
Arts Board Operating Support Grant. The contract includes on-air and in-app advertisements
synced with our logo or related image and a customized message on digital dashboard screens in
motor vehicles and other mobile devices. New this year, LAAC will be included in the Twin
Cities Savers Newsletter, which is sent to more than 40,000 subscribers once per month.
By continuing this partnership, we aim to drive attendance, class registrations, and ticket sales
while elevating the profile of the Lakeville arts scene.
Supporting Information
1. Agreement with KTMY-FM, LLC. for Radio Advertising
Financial Impact: $16,200.00 Budgeted: Yes Source: Minnesota State Arts Board
Operating Support Grant
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Nicki Pretzer, Arts Center Manager
Page 74 of 197
1
RADIO ADVERTISING AGREEMENT
AGREEMENT made this 2nd day of March, 2026 by and between the CITY
OF LAKEVILLE, a Minnesota municipal corporation ("City") and KTMY-FM LLC a
Delaware limited liability company ("Contractor" or “myTalk 107.1”). City and Contractor are
referred to herein collectively as the “Parties”.
IN CONSIDERATION OF THEIR MUTUAL COVENANTS, THE PARTIES
AGREE AS FOLLOWS:
1.SCOPE OF SERVICES.
a.Contractor will provide City fifty-two (52) radio total advertisements per month,
for six (6) months, according to the following schedule:
Days Times Length Spots/Month
Monday-Friday 6:00 am-7:00 pm :30 20
Saturday-Sunday 6:00 am-7:00 pm :30 6
Monday-Sunday 7:00 pm-12:00 am :30 10
Monday-Sunday 6:00am-12:00 am :30 6
Monday-Sunday 12:00 am-12:00 am :30 10
b.52x :30 second commercials per month
c.312x :30 second commercials per 6-months
d.All ads are duplicated on mytalk107.1 stream
e.All ads include myTalk In-Car Ad Sync
f.Bonus commercials when inventory availability permits
g.Commercial copy written and produced at no charge – including copy changes up
every other month.
h.Advertisements will be aired on myTalk 107.1.
i.Contractor will provide City with a written report within ten (10) business days at
the end of each calendar month setting forth the actual airing of City
advertisements in the preceding month.
2.PAYMENT. As consideration for the provision of the Services, the City agrees to
pay six (6) monthly installments of Two Thousand Seven Hundred and no/ Dollars
($2,700.00) for a total amount of Thirteen Thousand Five Hundred and No/100 dollars
($13,500,00) over the term of this Agreement. Contractor will charge the monthly
payments on the fourth Wednesday of each month, for six months, to a credit card
provided by The City.
3.TERM. The term of this Contract shall be from January, 2026 through June, 2026.
Page 75 of 197
2
4. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree
that the Contractor shall furnish any and all supplies, equipment, and incidentals necessary for
Contractor’s performance of this Contract.
5. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor,
while engaged in carrying out and complying with the terms and conditions of this Agreement and
the provision of services thereunder, shall be considered at all times an independent contractor and
not an officer, employee, or agent of the City. City and Contractor further agree the Contractor is not
an employee of the City and is free to contract with other entities as provided herein. City and
Contractor further agree that Contractor shall be responsible for selecting the means and methods of
performing the work. City and Contractor further agree Contractor shall furnish any and all supplies,
equipment, and incidentals necessary for Contractor's performance under this Agreement. City and
Contractor further 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. City and Contractor further agree that 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.
6. BROADCAST LIABILITIES. Contractor agrees to hold and save the City harmless
against all liability arising from the broadcast of (1) program material except advertising material
furnished by City, and (2) musical compositions licensed for broadcasting by a music licensing
organization of which Contractor is a licensee. The City agrees to hold and save Contractor harmless
against all liability resulting from the broadcast of advertising material furnished by City except
musical compositions licensed as stated above.
7. TERMINATION WITHOUT CAUSE BY CITY. The parties reserve the right to
terminate this Agreement at will immediately without cause at any time by providing the other party
at least 30 days prior written notice of its wish to terminate. In the event of such termination, the
Contractor shall immediately cease and desist Contractor’s provision of services under this Contract
and City shall have no further obligation under this Contract to pay any further compensation to
Contractor except for compensation due and owing for services prior to Contractor’s receipts of the
effective date of termination.
8. 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.
9. GOVERNING LAW. This Agreement shall be governed by and construed in
accordance with the laws of the State of Minnesota. All proceedings related to this Agreement shall
be venued in Dakota County, Minnesota.
10. NONDISCRIMINATION. In performing work under this Agreement, the
Contractor shall not discriminate against any person by reason of any characteristic or
classification protected by state or federal law.
Page 76 of 197
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11. 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.
12. DATA PRACTICES/RECORDS.
A. All data created, collected, received, maintained, or disseminated for
any purpose in the course of this Agreement is governed by the Minnesota
Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute,
or any state rules adopted to implement the act, as well as federal regulations on data
privacy.
B. All books, records, documents, and accounting procedures and
practices of the Contractor and its subcontractors, if any, relative to this Contract are
subject to examination by the City.
13. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or
other correspondence to be provided by or between the City and Contractor in accordance with this
Contract shall be hand delivered or mailed by registered or certified mail to the following address:
CITY : City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
CONTRACTOR: KTMY-FM, LLC
3415 University Ave
St. Paul, MN 55114
Attn: Legal Dept
14. WAIVER OF DEFAULT. Any waiver by either party of any breach or failure to
comply with any provisions of this Agreement by the other Party shall not operate or be construed as
a continuing waiver of such provision or a waiver of any other breach of or failure to comply with
any other provision of this Agreement. No waiver by the City shall be valid unless in writing and
signed by the Mayor and the City Administrator on behalf of the City.
15. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree
that the services to be rendered by the Contractor under this Contract are unique and personal.
Accordingly, the Contractor may not assign or subcontract out any of the Contractor’s rights or any
of the Contractor’s duties or obligations under this Contract.
16. AMENDMENTS. Any modification or amendment of this Agreement shall
require a written agreement signed by both Parties.
17. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any
application hereof to any person or circumstances, shall to any extent be invalid or unenforceable, the
remainder of this Contract or the application of such term or provision to persons or circumstances
Page 77 of 197
4
other than those as to which it is held unenforceable shall not be effected hereby and each term and
provision of this Contract shall be valid and enforced to the fullest extent permitted by law.
18. ENTIRE AGREEMENT. This instrument herein contains the entire and only
agreement between the parties and no oral statement or representation or prior written matter not
contained in this instrument shall have any force and effect. This Contact shall not be modified in any
way except by writing executed by both parties.
Dated: , 2026 CITY OF LAKEVILLE
BY:
Luke Hellier, Mayor
AND: _ ____________________________________
Taylor Snider, Deputy City Clerk
Dated: __________________, 2026 KTMY-FM LLC
BY:
Its: Dan Seeman, Market President
Page 78 of 197
Date: 3/2/2026
Supplemental Agreement for Annual Instrumentation and Control Support Services
Proposed Action
Staff recommends adoption of the following motion: Move to approve a supplemental
agreement with Advanced Engineering and Environmental Services, LLC for 2026
Instrumentation and Control Services.
Overview
The Utilities Division utilizes Advanced Engineering and Environmental Services, LLC (AE2S)
to provide programming and troubleshooting services for the Supervisory Control and Data
Acquisition (SCADA) system supporting the water treatment plant, wells, water towers, and lift
stations.
This agreement serves as a supplement to the City’s existing master agreement for professional
services with AE2S. The scope of work is specific to instrumentation and control system
programming and troubleshooting and is used on an as-needed basis when operational issues
arise, system modifications are required or new equipment is installed.
Staff recommends approval of this supplemental agreement to ensure continued reliable
operation and support of the City’s SCADA system.
Supporting Information
1. Supplemental Agreement
Financial Impact: Budgeted $52,000 Budgeted: Yes Source: Water & Sewer Funds
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Shane Quade, Utilities Superintendent
Page 79 of 197
February 16, 2026
Shane Quade
Utilities Superintendent
City of Lakeville
18400 Ipava Ave
Lakeville, MN 55044
RE: 2026 Instrumentation and Control Support Services
Dear Mr. Quade:
Advanced Engineering and Environmental Services, LLC (AE2S) proposes to render Instrumentation and Control
(I&C) Support Services (Assignment) to the City of Lakeville (CLIENT).
This scope of work is a Supplemental Agreement as extension of and in accordance with the Master Agreement
for Professional Services between the City of Lakeville and AE2S, dated September 20, 2021.
Scope of Basic Services
AE2S will perform the following tasks:
• Supervisory Control and Data Acquisition (SCADA) software programming services as requested by
the CLIENT. Programming modifications and troubleshooting for computers, Programmable Logic
Controller (PLC), and Human-Machine Interface (HMI) software.
• I&C General, Emergency, and Calibration Services
o Service for system problems will be scheduled in accordance with the severity of the issue.
AE2S will work with the CLIENT to assess the severity and discuss an appropriate timeline
for a solution.
▪ Problems that result in the inability for the operation of the facility will be assessed as
soon as possible, inside or outside normal business hours.
▪ Non-Emergency problems will be assessed within normal business hours.
o Technicians will provide all required tools and computer software to perform Input/Output
(I/O) Checkout and Instrumentation Calibrations as needed.
o Provide service reports to CLIENT indicating the original problem, the testing procedures
used to investigate the problem, the resolution to the problem and the time required to resolve
the problem.
o If the replacement of equipment is required to resolve the problem, the technician will discuss
with the CLIENT and work to procure and replace the equipment under the CLIENT’s
direction. Costs of the devices, consumables for installing the devices, or other direct, non-
labor expenses are reimbursable and shall be borne by the CLIENT.
Limited Equipment Warranty
AE2S MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY
PRODUCTS MANUFACTURED BY A THIRD PARTY, INCLUDING ANY (a) WARRANTY OF
MERCHANTABILITY; (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c)
Page 80 of 197
City of Lakeville
RE: Supplemental Agreement for 2026 I&C Support and Services
February 16, 2026
Page 2
WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW,
COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR
OTHERWISE. AE2S'S SOLE RESPONSIBILITY TO CLIENT WITH RESPECT TO ANY
EQUIPMENT OR COMPONENTS AND PARTS MANUFACTURED BY A THIRD PARTY AND
INCORPORATED INTO THE EQUIPMENT SHALL BE TO PASS THROUGH TO CLIENT SUCH
ORIGINAL EQUIPMENT MANUFACTURER'S AVAILABLE PRODUCT WARRANTY. THE
REMEDIES SET FORTH IN THE MANUFACTURER’S TERMS SHALL BE THE CLIENT’S SOLE
AND EXCLUSIVE REMEDY AND AE2S’S ENTIRE LIABILITY FOR ANY BREACH OF THIS
LIMITED WARRANTY.
Additional Services
Services resulting from significant changes in the general scope, extent, or character of the Assignment are not
included as a part of the Scope of Basic Services. If authorized in writing by the CLIENT, AE2S will provide
services beyond the scope of this Agreement on an hourly basis in accordance with the Hourly Fee Schedule.
Fees
AE2S shall render services under this Agreement on an hourly basis in accordance with the Hourly Fee Schedule,
attached hereto, plus reimbursement for all project related expenses.
Performance Schedule
AE2S shall use commercially reasonable efforts to complete Basic Services within a reasonable time period.
Acceptance
If this Agreement sets forth your understanding of our agreement, including the scope of work desired and fees,
please sign in the space provided and return a copy to AE2S. Thank you for the opportunity to assist in this project
and we look forward to working with you.
Sincerely,
Anthony Pittman
Lead Instrumentation & Controls Specialist
Page 81 of 197
City of Lakeville
RE: Supplemental Agreement for 2026 I&C Support and Services
February 16, 2026
Page 3
AE2S CLIENT
Accepted this _____ day of
__________________________, 2026
By: _______________________________ By: ________________________________
Justin Klabo, PE Luke M. Hellier, Mayor
Operations Manager
And: ________________________________
Ann Orlofsky, City Clerk
Page 82 of 197
Exhibit A – Hourly Fee and Expense Schedule
Page 1 of 2
Hourly Fee and Expense Schedule
Reimbursable Expenses and Standard Hourly rates in effect on the date of the Agreement are set forth below. Rates are subject to
annual adjustment effective January 1.
Labor Rates*
Administrative 1 $73.00
Administrative 2 $88.00
Administrative 3 $103.00
Communications Specialist 1 $117.00
Communications Specialist 2 $137.00
Communications Specialist 3 $158.00
Communications Specialist 4 $190.00
Communications Specialist 5 $210.00
Construction Services 1 $140.00
Construction Services 2 $171.00
Construction Services 3 $190.00
Construction Services 4 $211.00
Construction Services 5 $232.00
Engineering Assistant 1 $94.00
Engineering Assistant 2 $111.00
Engineering Assistant 3 $140.00
Engineer 1 $152.00
Engineer 2 $182.00
Engineer 3 $213.00
Engineer 4 $246.00
Engineer 5 $264.00
Engineer 6 $279.00
Engineering Technician 1 $93.00
Engineering Technician 2 $117.00
Engineering Technician 3 $141.00
Engineering Technician 4 $158.00
Engineering Technician 5 $181.00
Financial Analyst 1 $126.00
Financial Analyst 2 $142.00
Financial Analyst 3 $171.00
Financial Analyst 4 $187.00
Financial Analyst 5 $209.00
GIS Specialist 1 $117.00
GIS Specialist 2 $142.00
GIS Specialist 3 $168.00
GIS Specialist 4 $188.00
GIS Specialist 5 $210.00
I&C Assistant 1 $112.00
I&C Assistant 2 $139.00
I&C 1 $166.00
I&C 2 $196.00
I&C 3 $221.00
I&C 4 $234.00
I&C 5 $246.00
IT 1 $145.00
IT 2 $196.00
IT 3 $241.00
Land Surveyor Assistant $107.00
Land Surveyor 1 $129.00
Land Surveyor 2 $156.00
Land Surveyor 3 $175.00
Land Surveyor 4 $193.00
Land Surveyor 5 $213.00
Operations Specialist 1 $112.00
Operations Specialist 2 $140.00
Operations Specialist 3 $173.00
Operations Specialist 4 $198.00
Operations Specialist 5 $222.00
Project Coordinator 1 $130.00
Project Coordinator 2 $145.00
Project Coordinator 3 $162.00
Project Coordinator 4 $178.00
Project Coordinator 5 $201.00
Project Manager 1 $229.00
Project Manager 2 $251.00
Project Manager 3 $269.00
Project Manager 4 $284.00
Project Manager 5 $303.00
Project Manager 6 $317.00
Sr. Designer 1 $199.00
Sr. Designer 2 $221.00
Sr. Designer 3 $238.00
Sr. Financial Analyst 1 $236.00
Sr. Financial Analyst 2 $257.00
Sr. Financial Analyst 3 $279.00
Technical Expert 1 $361.00
Technical Expert 2 Negotiable
Page 83 of 197
Exhibit A – Hourly Fee and Expense Schedule
Page 2
Reimbursable Expense Rates
Transportation $0.83/mile
Survey Vehicle $1.05/mile
Laser Printouts/Photocopies $0.30/copy
Plotter Printouts $1.00/s.f.
UAS - Photo/Video Grade $100.00/day
UAS/USV – Survey $50.00/hour
Total Station – Robotic $35.00/hour
Mapping GPS $60.00/day
Fast Static/RTK GPS $50.00/hour
All-Terrain Vehicle/Boat $100.00/day
Cellular Modem $75.00/month
Web Hosting $26.00/month
Legal Services Reimbursement $302.00/hour
Outside Services cost * 1.15
Geotechnical Services cost * 1.30
Out of Pocket Expenses cost * 1.15
Rental Car cost * 1.20
Project Specific Equipment Negotiable
*Position titles are for labor rate grade purposes
only.
These rates are subject to adjustment each year on January 1.
Page 84 of 197
Date: 3/2/2026
Contract for Repainting the Dakota Heights Water Tower
Proposed Action
Staff recommends adoption of the following motion: Move to approve a contract with TanksCo
Inc. for rehabilitation of the Dakota Heights water tower, City Project 26-11.
Overview
The City owns and maintains six water towers that are routinely inspected and maintained as
part of the water utility system. The Dakota Heights water tower was last rehabilitated in 2010
which included interior spot repairs and an exterior overcoat. The exterior coating system has
now failed and requires full replacement.
The proposed project includes complete interior and exterior surface preparation and repainting.
The project also includes installation of a tank mixer to improve water circulation and reduce the
potential for freezing during winter months, as well as upgrades to the fall protection climbing
system to meet current OSHA standards. Additional project work includes spot repair painting
and installation of tank mixers at the Downtown and Holyoke water towers. Alternate No. 1
includes replacement of the cellular tower rail at the Dakota Heights site and Alternate No. 2
provides for an extended coating warranty.
On February 5, 2026, six bids were received for the project. The apparent low bid submitted by
O&A Classic Coatings in the amount of $992,000.00 did not include all required documentation.
In accordance with the project specifications this bid is considered non-responsive and cannot be
accepted.
The lowest responsible bidder is TanksCo, Inc. in the amount of $1,008,745.00 including
Alternates No. 1 and No. 2. The engineer’s estimate for the project was $1,155,200.00.
TanksCo, Inc. recently completed the repainting of the CMF water tower at 179th Street and
Granby Lane and their work was satisfactory. Staff and the project consultant have reviewed the
bids and recommend approval of a contract with TanksCo, Inc. in the amount of $1,008,745.00,
including alternates No. 1 and No. 2.
Supporting Information
1. Contract
2. Bid Summary
3. Recommendation Letter
Page 85 of 197
Financial Impact: $1,008,745.00 Budgeted: Yes Source: Water Fund
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Shane Quade, Utilities Superintendent
Page 86 of 197
Standard Form of Agreement
LAKEV 188013 00 52 00 - 1
DOCUMENT 00 52 00
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is by and between the City of Lakeville, Minnesota
(Owner) and (Contractor).
Owner and Contractor hereby agree as follows:
ARTICLE 1 – WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows: Water Tank Maintenance Services.
ARTICLE 2 – THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows:
Water Tank Maintenance Services.
ARTICLE 3 – ENGINEER
3.01 The Project has been designed by Short Elliott Hendrickson Inc. (SEH).
3.02 The Owner has retained SEH (Engineer) to act as Owner’s representative, assume all duties and
responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in
connection with the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 – CONTRACT TIMES
4.01 Time of the Essence
A.All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Contract Times: Days
A.The Work will be substantially completed within 66 calendar days for Dakota Heights Tank, 26 days
for Holyoke Elevated Tank, and 20 days for Air Lake Hydropillar Tank after the date when the
Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and
completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions
within 96 days for Dakota Heights Tank, 56 days for Holyoke Elevated Tank, and 50 days for Air Lake
Hydropillar Tank after the date when the Contract Times commence to run.
B.The project shall commence on April 15, 2026 for Dakota Heights Tank, June 22, 2026 for Holyoke
Elevated Tank, and August 8, 2026 for Air Lake Hydropillar Tank (Air Lake Road will not be available
until after June 6, 2026.)
C.Contractor must identify the proposed continuous construction periods as part of the submitted bid.
D.Contract Times will commence to run up issue of the Notice to Proceed (Section 00 55 00).
4.03 Liquidated Damages
A.Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and
that Owner will suffer financial loss if the Work is not completed within the times specified in
Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The
parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration
proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly,
TANKSCO, INC
Page 87 of 197
Standard Form of Agreement
00 52 00 - 2 LAKEV 188013
instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay
(but not as a penalty):
1.Substantial Completion: Contractor shall pay Owner $1,200 for each day that expires after the
time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for
Substantial Completion until the Work is substantially complete.
2.Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect,
refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted
pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay
Owner $1,200 for each day that expires after such time until the Work is completed and ready
for final payment.
3.Liquidated damages will be cumulative, and shall be collected for each portion of the project
under construction in which the specified parameters have not been met.
4.04 Special Damages
A.In addition to the amount provided for liquidated damages, Contractor shall reimburse Owner (1) for
any fines or penalties imposed on Owner as a direct result of the Contractor’s failure to attain
Substantial Completion according to the Contract Times, and (2) for the actual costs reasonably
incurred by Owner for engineering, construction observation, inspection, and administrative services
needed after the time specified in Paragraph 4.02 for Substantial Completion (as duly adjusted
pursuant to the Contract), until the Work is substantially complete.
B.After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse, or fail to
complete the remaining Work within the Contract Times, Contractor shall reimburse Owner for the
actual costs reasonably incurred by Owner for engineering, construction observation, inspection, and
administrative services needed after the time specified in Paragraph 4.02 for Work to be completed
and ready for final payment (as duly adjusted pursuant to the Contract), until the Work is completed
and ready for final payment.
C.The special damages imposed in this paragraph are supplemental to any liquidated damages for
delayed completion established in this Agreement.
ARTICLE 5 – CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the
amounts that follow, subject to adjustment under the Contract:
A.For all Work, at the prices stated in Contractor’s Bid.
ARTICLE 6 – PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A.Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions.
B.Only one payment will be made to the Contractor in any given month.
6.02 Progress Payments; Retainage
A.Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s
Applications for Payment on or about the third Monday of each month during performance of the
Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have
been submitted in a timely manner and otherwise meet the requirements of the Contract. All such
payments will be measured by the Schedule of Values established as provided in the General
Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the
event there is no Schedule of Values, as provided elsewhere in the Contract.
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1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below but, in each case, less the aggregate of payments previously made
and less such amounts as Owner may withhold, including but not limited to liquidated damages,
in accordance with the Contract:
a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50
percent completed as determined by Engineer, and if the character and progress of the
Work have been satisfactory to Owner and Engineer, then as long as the character and
progress of the Work remain satisfactory to Owner and Engineer, there will be no additional
retainage; and
b. 95 percent of cost of materials and equipment not incorporated in the Work (with the
balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to
Contractor to 100 percent of the Work completed, less such amounts set off by Owner pursuant to
Paragraph 15.01.E of the General Conditions, and less 200 percent of Engineer’s estimate of the
value of Work to be completed or corrected as shown on the punch list of items to be completed or
corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the
General Conditions, Owner shall pay the remainder of the Contract Price as recommended by
Engineer as provided in said Paragraph 15.06.
6.04 Interest
All amounts not paid when due shall bear interest at the rate of 5 percent per annum.
ARTICLE 7 – CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of the following:
1. Addenda (numbers 00 00 1 to 00 00 1 , inclusive).
2. This Agreement (pages 00 52 00-1 to 00 52 00-8, inclusive).
3. Performance and Payment Bonds (Document 00 61 13).
4. Other bonds.
a. Maintenance bond (pages to , inclusive).
5. General Conditions (pages 00 72 00-1 to 00 72 00-66, inclusive).
6. Supplementary Conditions (pages 00 73 00-1 to 00 73 00-___, inclusive).
7. Specifications as listed in the table of contents of the Project Manual.
8. Drawings (not attached but incorporated by reference) consisting of 7 sheets with each sheet
bearing the following general title: “Water Tank Maintenance Services”, dated 1/14/26.
9. Exhibits to this Agreement (enumerated as follows).
a. Contractor’s Bid.
b. Non-Collusion Affidavit.
c. Responsible Contractor Verification and Certification Form
d. Documentation submitted by Contractor prior to Notice of Award (pages ___ to ___,
inclusive).
e. Certificate of Insurance.
Page 89 of 197
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00 52 00 - 4 LAKEV 188013
10. The following which may be delivered or issued on or after the Effective Date of the Contract
and are not attached hereto:
a. Notice to Proceed.
b. Field Order(s).
c. Work Change Directive(s).
d. Change Order(s).
B. The documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted
otherwise above).
C. There are no Contract Documents other than those listed above in this Article 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in the
General Conditions.
ARTICLE 8 – REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS
8.01 Contractor’s Representations
A. In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1. Contractor has examined and carefully studied the Contract Documents, and any data and
reference idents identified in the Contract Documents.
2. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and
adjacent areas, and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.
3. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost,
progress, and performance of the Work.
4. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or adjacent to the Site and all drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the Supplementary
Conditions, especially with respect to Technical Data in such reports and drawings, and (2)
reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to
the Site that have been identified in the Supplementary Conditions, especially with respect to
Technical Data in such reports and drawings.
5. Contractor has considered the information known to Contractor itself; information commonly
known to contractors doing business in the locality of the Site; information and observations
obtained from visits to the Site; the Contract Documents; and the Site-related reports and
drawings identified in the Contract Documents, with respect to the effect of such information,
observations, and documents on (1) the cost, progress, and performance of the Work; (2) the
means, methods, techniques, sequences, and procedures of construction to be employed by
Contractor and (3) Contractor’s safety precautions and programs.
6. Based on the information and observations referred to in the preceding paragraph, Contractor
agrees that no further examinations, investigations, explorations, tests, studies, or data are
necessary for the performance of the Work at the Contract Price, within the Contract Times, and
in accordance with the other terms and conditions the Contract.
7. Contractor is aware of the general nature of work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Contract Documents.
8. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
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LAKEV 188013 00 52 00 - 5
9. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
10. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor
that without exception all prices in the Agreement are premised upon performing and furnishing
the Work required by the Contract Documents.
11. 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 the with the
consent of the Owner.
12. The Contract Documents shall not be construed as creating any contractual relationship
between the Owner and any subcontractor.
8.02 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for or in executing the Contract. For the purposes of this Paragraph 8.02:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to
influence the action of a public official in the bidding process or in the Contract execution;
2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the
bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid
or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of
free and open competition;
3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or
without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-
competitive levels; and
4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in the bidding process or affect the execution of the
Contract.
B. The provisions of MINN. STAT. 16C.285 Responsible Contractor are imposed as a requirement of
this Contract. This Contract may be terminated by the Owner at any time upon discovery by the
Owner that the prime contractor or subcontractor has submitted a false statement under oath
verifying compliance with any of the minimum criteria set forth in the Statute.
C. The provisions of MINN. STAT. 471.425, subdivision 4a. are imposed as a requirement of this
Contract.
1. Each contract of a municipality must require the prime contractor to pay any subcontractor
within ten days of the prime contractor’s receipt of payment from the municipality for undisputed
services provided by the subcontractor. The contract must require the prime contractor to pay
interest of 1-1/2 percent per month or any part of a month to the subcontractor on any
undisputed amount not paid on time to the subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less than
$100, the prime contractor shall pay the actual penalty due to the subcontractor. A
Subcontractor who prevails in a civil action to collect interest penalties from a prime contractor
must be awarded its costs and disbursements, including attorney’s fees, incurred in bringing the
action.
ARTICLE 9 – MISCELLANEOUS
9.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the
Supplementary Conditions.
Page 91 of 197
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00 52 00 - 6 LAKEV 188013
9.02 Assignment of Contract
A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights
under or interests in the Contract will be binding on another party hereto without the written consent
of the party sought to be bound; and, specifically but without limitation, money that may become due
and money that is due may not be assigned without such consent (except to the extent that the effect
of this restriction may be limited by law), and unless specifically stated to the contrary in any written
consent to an assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
9.03 Successors and Assigns
A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the
other party hereto, its successors, assigns, and legal representatives in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
9.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provision.
9.05 Indemnity
A. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties
as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any
cost of reasonable attorney’s fees it may incur as a result of any such claims.
9.06 Other Provisions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on
EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the
Engineers Joint Contract Documents Committee®, and if Owner is the party that has furnished said
General Conditions, then Owner has plainly shown all modifications to the standard wording of such
published document to the Contractor, through a process such as highlighting or “track changes”
(redline/strikeout), or in the Supplementary Conditions.
B. Any provision or part of the Contract Documents held to be void or unenforceable under any law or
regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provisions.
9.07 Software License
A. If the equipment provided by the Contractor pursuant to this Contract contains software, including that
which the manufacturer may have embedded into the hardware as an integral part of the equipment,
the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software
updating fees for a period of one year following cutover. The Contractor shall have no obligation to
pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the
City to pay any additional fees as a condition for continuing to use the software.
9.08 Patented Devices, Materials, and Processes
A. If the Contract requires, or the Contractor desires, the use of any design, device, material or process
covered by letters, patent or copyright, trademark or trade name, the Contractor shall provide for such
use by suitable legal agreement with the patentee or owner and a copy of said agreement shall be
filed with the Owner. If no such agreement is made or filed as noted, the Contractor shall indemnify
and hold harmless the Owner from any and all claims for infringement by reason of the use of any
such patented designed, device, material or process, or any trademark or trade name or copyright in
Page 92 of 197
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LAKEV 188013 00 52 00 - 7
connection with the Project agreed to be performed under the Contract, and shall indemnify and
defend the Owner for any costs, liability, expenses and attorney's fees that result from any such
infringement.
9.09 Assignment
A. Neither party may assign, sublet, or transfer any interest or obligation in this Contract without the prior
written consent of the other party, and then only upon such terms and conditions as both parties may
agree to and set forth in writing.
9.10 Permits and Licenses; Rights-of-Way and Easements
A. The Contractor shall give all notices necessary and incidental to the construction and completion of
the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not
be entitled to any additional compensation for any construction delay resulting from the City’s not
timely obtaining rights-of-way or easements.
Page 93 of 197
Standard Form of Agreement
00 52 00 - 8 LAKEV 188013
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.
This Agreement will be effective on ____________________________, _________ (which is the Effective Date of
the Contract).
OWNER: CONTRACTOR:
City of Lakeville, Minnesota
By: By:
Title: Title:
[CORPORATE SEAL] [CORPORATE SEAL]
Attest: Attest:
Title: Title:
Address for Giving Notices: Address for Giving Notices:
License No.
(If Owner is a corporation, attach evidence of authority
to sign. If Owner is a public body, attach evidence of
authority to sign and resolution or other documents
authorizing execution of Owner-Contractor
Agreement).
(Where Applicable)
Agent for service of process:
(If Contractor is a corporation or a partnership, attach
evidence of authority to sign.)
Designated Representative: Designated Representative:
Name: Name:
Title: Title:
Address: Address
Phone: Phone:
Facsimile: Facsimile:
END OF DOCUMENT
Saul Bocanegra
President
1102 County Road 4360
Decatur, Tx 76234
N/A
Saul Bocanegra
President
1102 County Road 4360
Decatur, Tx 76234
956-441-7931
n/a
Managing Member
Saul Bocanegra
Page 94 of 197
Bidders Proof of
Responsibility Bid Bond 5%Non-
Collusion
Responsible
Contractor Base Bid Bid Alt 1 Bid Alt 2 Total Bid
X X X $921,500.00 $40,500.00 $30,000.00 $992,000.00
X X X X $968,745.00 $25,000.00 $15,000.00 $1,008,745.00
X X X X $984,000.00 $25,000.00 $30,000.00 $1,039,000.00
X X X X $1,125,165.00 $78,600.00 $25,000.00 $1,228,765.00
X X X X $1,226,400.00 $70,000.00 $45,000.00 $1,341,400.00
X X X X $1,246,750.00 $85,000.00 $28,000.00 $1,359,750.00
Contractor Acknowledge
Addendums
Dakota Heights 2 MG Ground Storage Tank Rehabilitation and Holyoke-Downtown Maintenance
City Project # 26-11
Bid Opening Summary
February 5th, 2026 10:30 am
O&A CLASSIC COATINGS AND PAINTINGS CORP X
TANKSCO INC X
O&J COATINGS, INC. X
Viking Painting, LLC X
Classic Protective Coatings, Inc. X
TMI Coatings, Inc. X
Page 95 of 197
Engineers | Architects | Planners | Scientists
Short Elliott Hendrickson Inc., 3535 Vadnais Center Drive, St. Paul, MN 55110 -3507
651.490.2000 | 800.325.2055 | 888.908.8166 fax | sehinc.com
SEH is 100% employee-owned | Affirmative Action –Equal Opportunity Employer
February 18, 2026 RE: Lakeville, MN
Dakota Heights Rehabilitation and
Holyoke/Downtown Maintenance
SEH No. LAKEV 188013
Paul Oehme
Public Works Director
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
Dear Mr. Oehme:
On Tuesday, February 5, 2026, six bids were received for the above-referenced project. The bids ranged
from a high of $1,359,750.00 to a low of $992,000.00. The low bid received was submitted by O&A
Classic Coatings in the amount of $992,000.00. O&A Classic Coatings did not submit all necessary
paperwork to confirm their bid. The City of Lakeville stated that they cannot accept that bid. Therefore, the
lowest bidder for the above-mentioned project is TanksCo Inc in the amount of $1,008,745.00
Contractor Base Bid Alternate 1 Alternate 2 Total Bid
O&A Classic Coatings $921,500 $40,500 $30,000 $992,000
TanksCo Inc $968,745 $25,000 $15,000 $1,008,745
O&J Coatings, Inc $984,000 $25,000 $30,000 $1,039,000
Viking industrial Painting $1,125,165 $78,600 $25,000 $1,228,765
Classic Protective Coatings Inc. $1,226,400 $70,000 $45,000 $1,341,400
TMI Coatings, Inc. $1,246,750 $85,000 $28,000 $1,359,750
Engineer's Estimate $1,112,100 $28,000 $15,000 $1,155,200
In reliance on our experience with TanksCo Inc and information provided by the contractor, we have
determined that 1) they have a sufficient understanding of the project and equipment to perform the
construction for which it bid; and 2) according to their bonding agent they presently have the financial
ability to complete the project bid. SEH makes no representation or warranty as to the actual financial
viability of the contractor or its ability to complete its work.
Accordingly, we recommend the project be awarded to TanksCo Inc. in the amount of $1,008,745.
Sincerely,
Brad Sipe
Project Manager
Page 96 of 197
Paul Oehme, Public Works Director
February 10, 2026
Page 2
dmk
Attachment
c: Ferraro, Stephen <sferraro@lakevillemn.gov>
x:\ko\l\lakev\188013\6-bid-const\bid documents\recommendation letter.docx
Page 97 of 197
Date: 3/2/2026
Resolution Accepting Donations to the Lakeville Parks & Recreation Department in the
1st Quarter of 2026
Proposed Action
Staff recommends adoption of the following motion: Move to approve resolution accepting
donations to the Lakeville Parks & Recreation Department in the first quarter of 2026.
Overview
Donations from various sources were received by the Lakeville Parks & Recreation Department.
Please see the supporting information for details. On behalf of our department, we sincerely
thank these individuals and businesses for their generosity.
Supporting Information
1. Q1 List of Donors
2. Q1 Parks & Recreation Donation Resolution
Financial Impact: $NA Budgeted: No Source: Donations
Envision Lakeville Community Values: A Sense of Community and Belonging
Report Completed by: Joe Masiarchin, Parks & Recreation Director
Page 98 of 197
Lakeville Lions $1,100.00 Red Hat Chorus Transportation
Lakeville Lions $800.00 Fitness Equipment at Heritage Center
Raising Cane's Chicken Fingers $3,495.00 Haunted Forest Festival
Delmar Co. by way of Friends of the Lakeville Area Arts Center $6,400 Glowforge Laser Printer
Jill Henning - State Farm Insurance $350 Santa's Secret Store bags
Cornerstrone Copy $98 Youth Art Month Advertising
Friends of the Lakeville Area Arts Center $441.00 Miscellaneous Donation
Friends of the Lakeville Area Arts Center $22,078.00 Gas Kiln
Friends of the Lakeville Area Arts Center $3,848.50 Summer Intern
Run the Ritter $2,000 Ritter Farm Park Trails and Maintenance
Total $40,610.35
DONATIONS RECEIVED BY PARKS & RECREATION DEPARTMENT
1st Quarter of 2026
Page 99 of 197
CITY OF LAKEVILLE
RESOLUTION NO._________
RESOLUTION ACCEPTING GRANTS AND DONATIONS
TO THE LAKEVILLE PARKS AND RECREATION DEPARTMENT DURING
THE FIRST QUARTER OF 2026
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 Parks and Recreation Department has received grants and
donations of money, goods or property as indicated on the attached list; and
WHEREAS, the grants and donations were beneficial to the department; and
WHEREAS, the additional revenues received may require the City to incur additional
expenditures in order to comply with grant agreements and restricted donations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota
that the grants and/or donations are hereby officially accepted and acknowledged with
gratitude to the donors; and
BE IT FURTHER RESOLVED that City staff is authorized to amend the budget to comply with
grant agreements and restricted donations.
ADOPTED by the Lakeville City Council this 2nd day of March, 2026
___________________________
Luke M. Hellier, Mayor
___________________________________
Taylor Snider, Deputy City Clerk
Page 100 of 197
Date: 3/2/2026
Contract for 2026 Right-of-Way and Park Tree Planting
Proposed Action
Staff recommends adoption of the following motion: Move to approve a contract with Hoffman
and McNamara Company for the 2026 Right-of-Way and Park Tree Planting projects.
Overview
Tree planting services are needed to replace ash trees removed over the past year as part of the
City’s Emerald Ash Borer (EAB) management plan, to replace trees removed during routine
park maintenance, and to support tree planting efforts under the 2023 Shade Tree Bonding Grant
project.
Spring tree planting will focus on Ipava Avenue, Kensington Boulevard, and the Heritage
Center, where ash trees were removed in 2025–2026, as well as in three parks: Quail Meadows,
Fieldstone, and Knob Hill. A total of 121 trees are planned for spring planting. The work
includes both tree installation and watering services for newly planted trees throughout the
growing season.
Fall tree planting will include 158 trees in City parks as part of the 2023 Shade Tree Bonding
Grant. Parks included are Bunker Hill, Steve Michaud, Highview Heights, Village Creek, and
Valley Lake. The cost of the fall planting will be reimbursed through grant funding.
In January, the City requested proposals from three contractors for tree planting operations. Two
proposals were received: Hoffman and McNamara Company at $143,874.00 and Friedges
Landscaping at $147,724.50. Hoffman and McNamara’s proposal met all requirements outlined
in the request and provided the most cost-effective pricing. Staff recommend approval of a
contract with Hoffman and McNamara Company for tree planting services.
Supporting Information
1. Contract
Financial Impact: $143,874.00 Budgeted: Yes Source: Forestry and grant funds
Envision Lakeville Community Values: Good Value for Public Service; Access to a
Multitude of Natural Amenities and Recreational Opportunities
Report Completed by: Zach Jorgensen, City Forester
Page 101 of 197
Page 102 of 197
CONTRACT FOR SERVICES
THIS AGREEMENT made this 2nd day of March 2026, by and between the CITY OF LAKEVILLE ,
a Minnesota municipal corporation, hereinafter referred to as the “City”, and HOFFMAN &
MCNAMARA COMPANY , a Minnesota corporation, hereinafter referred to as the “Contractor”.
THE CITY AND THE CONTRACTOR, FOR THE CONSIDERATION HEREINAFTER STATED, AGREE
AS FOLLOWS:
1. SCOPE OF SERVICES. The scope of services is detailed in the Contract Documents but
generally consists of tree planting and watering services within the City’s 2026 Tree
Planting Project. The Contractor agrees to perform the services as detailed in the
Contract Documents.
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 document entitled “Contract for Services”.
B. The City of Lakeville Tree Planting Request for Proposal dated January
23rd, 2026.
C. City of Lakeville General and Technical City Specifications
D. 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 "D" having the last priority.
3. OBLIGATIONS OF THE CONTRACTOR. The Contractor agrees that the work contemplated
by the Contract shall be fully and satisfactorily completed in accordance with the terms of
the Contract Documents.
4. PAYMENT.
A. The City agrees to pay and the Contractor agrees to receive and accept payment in
accordance with the prices quoted for completion of work in accordance with the
contract documents, inclusive of taxes, if any. City shall make 95% progress
payments on the Contract Price on the basis of approved Contractor invoices for
work completed provided the work is commensurate with the percentage of work
completed. Upon final completion of the work required under the Contract and
acceptance by the City, the City shall pay the remainder of the Contract Price as
recommended by the City Forester.
B. Payments to Subcontractor. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the
Contractor must pay any subcontractor within ten (10) days of the Contractor’s
receipt of payment from the City for undisputed services provided by the
subcontractor. The Contractor must pay interest of 1½ percent per month or
any part of a month to the subcontractor on any undisputed amount not paid
Page 103 of 197
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.
5. INDEMNIFICATION.
A. The Contractor shall indemnify, defend and hold harmless the City and its
officials, agents, representatives, and employees from any loss, claim, liability
and expense (including reasonable attorney’s fees and expenses of litigation)
with respect to: (a) Worker’s Compensation benefits payable on account of
injury or death to any Contractor employee or to any employee of Contractor’s
subcontractors, where the injury or death arises out of or is in any way related to
the work performed or to be performed under the Contract; (b) claims for
personal injury, death, or property damage or loss asserted by a Contractor or
subcontractor or any of their officers, agents, representatives, or employees
where the injury, death, damage, or loss arises out of or is in any way related to
the work performed or to be performed under the Contract; and (c) claims for
personal injury, death, or property damage or loss as asserted by third-parties at
the work site, where the claim is based in the whole or in any part on, or is in any
way related to, any act or omission by Contractor, or Contractor’s
subcontractors, agents, employees or delegates.
B. Contractor shall agree that the indemnities stated above shall be construed and
applied in favor of indemnification. To the extent permitted by law, the stated
indemnities shall apply regardless of any strict liability or negligence attributable
to the City and regardless of the extent to which the underlying harm is
attributable to the negligence or otherwise wrongful act or omission (including
breach of contract) of Contractor, its subcontractors, agents, employees or
delegates. Contractor also agrees that if applicable law limits or precludes any
aspect of the stated indemnities, then the indemnities will be considered limited
only to the extent necessary to comply with that applicable law. The stated
indemnities continue until all applicable statutes of limitations have run.
C. If a claim arises within the scope of the stated indemnity, the City may require
Contractor to furnish a written acceptance of tender of defense and indemnity
from Contractor’s insurance company. Contractor will take the action required
by City within fifteen (15) days of receiving notice from City.
6. RIGHTS AND REMEDIES.
A. The duties and obligations imposed by the Contract Documents and the rights
and remedies available thereunder 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 by any of them under the Contract, nor shall any
Page 104 of 197
such action or failure to act constitute an approval of or acquiescence in any
breach thereunder, except as may be specifically agreed in writing.
7. GOVERNING LAW. The Contract shall be governed by the laws of the State of
Minnesota.
8. INSURANCE. Suppliers shall obtain the following minimum insurance coverage and
maintain it at all times throughout the life of the Contract, with the City included as an
additional named insured on a primary and non-contributory basis by endorsement.
The Supplier shall furnish the City a certificate of insurance satisfactory to the Owner
evidencing the required coverage:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Except as provided below, Contractor must provide Workers’ Compensation
insurance for all its employees and, in case any work is subcontracted, Contractor
will require the subcontractor to provide Workers’ Compensation insurance in
accordance with the statutory requirements of the State of Minnesota, including
Coverage B, Employer’s Liability. Insurance minimum limits are as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
If Minnesota Statute 176.041 exempts Contractor from Workers’ Compensation
insurance or if the Contractor has no employees in the City, Contractor must
provide a written statement, signed by an authorized representative, indicating
the qualifying exemption that excludes Contractor from the Minnesota Workers’
Compensation requirements. If during the course of the contract the Contractor
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becomes eligible for Workers’ Compensation, the Contractor must comply with
the Workers’ Compensation insurance requirements herein and provide the City
with a certificate of insurance.
Professional/Technical (Errors and Omissions) Liability Insurance
This policy will provide coverage for all claims the contractor may become
legally obligated to pay resulting from any actual or alleged negligent act, error,
or omission related to Contractor’s professional services required under the
contract. Contractor is required to carry the following minimum limits:
$1,000,000 – per claim or event
$2,000,000 – annual aggregate
Any deductible will be the sole responsibility of the Contractor and may not
exceed $50,000 without the written approval of the City. If the Contractor desires
authority from the City to have a deductible in a higher amount, the Contractor
shall so request in writing, specifying the amount of the desired deductible and
providing financial documentation by submitting the most current audited
financial statements so that the City can ascertain the ability of the Contractor to
cover the deductible from its own resources.
The retroactive or prior acts date of such coverage shall not be after the effective
date of this Contract and Contractor shall maintain such insurance for a period
of at least three (3) years, following completion of the work. If such insurance is
discontinued, extended reporting period coverage must be obtained by
Contractor to fulfill this requirement.
An Umbrella or Excess Liability insurance policy may be used to supplement
Contractor’s policy limits on a follow-form basis to satisfy the full policy limits
required by this Contract.
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 the insurer shall not cancel or revise coverage
thereunder without giving written notice to Contractor as an insured party and
to City as an additional insured at least thirty (30) days before cancellation or
revision becomes effective or ten (10) days’ notice for non-payment of
premium;
(iii) shall name the City, its employees and agents as additional insureds (CGL and
umbrella only) by endorsement which shall be filed with the City. A copy of the
endorsement must be submitted with the certificate of insurance . ;
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(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.
9. TERM. 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 November 13 th,
2026 , unless sooner terminated as hereinafter provided.
10. SUPPLIES, EQUIPMENT, AND INCIDENTALS. The City and Contractor agree that the
Contractor shall furnish any and all supplies, equipment, and incidentals necessary for
Contractor’s performance of this Contract.
11. TRAFFIC CONTROL. The Contractor shall furnish, install, maintain, and remove all traffic
control devices required to provide safe movement of vehicular, pedestrian, and bicycle
traffic through the Project during the life of the Contract from the start of Contract
operations to the final completion thereof. All traffic control devices shall conform and
be installed in accordance with the “Minnesota Manual on Uniform Traffic Control
Devices” (MN MUTCD) and Part 6, “Field Manual for Temporary Traffic Control Zone
Layouts,” the “Guide to Establishing Speed Limits in Highway Work Zones,” the
Minnesota Flagging Handbook, the provisions of MnDOT 1404 and 1710, the Minnesota
Standard Sign Manual, the Traffic Engineering Manual, and these special provisions.
12. TERMINATION WITHOUT CAUSE BY CITY. The City reserves the right at its sole
discretion to terminate this Contract at will immediately without cause at any time
within the term of this Contract. In the event of such termination, the City shall provide
Contractor written notice of termination and upon receipt of same, Contractor shall
immediately cease and desist Contractor’s provision of services under this Contract and
City shall have no further obligation under this Contract to pay any further
compensation to Contractor except for compensation due and owing for services prior
to Contractor’s receipt of the written notice of termination.
13. INDEPENDENT CONTRACTOR. City and Contractor agree that Contractor, while
engaged in carrying out and complying with the terms and conditions of this Contract
and the provision of services thereunder, shall be considered at all times an
independent contractor and not an officer, employee, or agent of the City. City and
Contractor further agree that Contractor shall not at any time or in any manner
represent that Contractor or any of the Contractor’s agents or employees are in any
manner agents or employees of the City. City and Contractor further agree that
Contractor shall be exclusively responsible under this Contract for Contractor’s own
FICA payment, workers compensation payments, unemployment compensation
payments, withholding amounts, and/or self-employment taxes or other taxes if any
such payments, amounts, or taxes are required to be paid by law or regulations.
14. WRITTEN NOTICE OR OTHER CORRESPONDENCE. Any written notice or other
correspondence to be provided by or between the City and the Contractor in
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accordance with this Contract shall be hand delivered or mailed by registered or
certified mail to the following address:
CITY:
CONTRACTOR:
15. WAIVER OF DEFAULT. Any waiver by City of a default under the provisions of this
Contract by Contractor shall not operate or be construed as a waiver of a subsequent
default by the Contractor. No waiver shall be valid unless in writing and signed by the
Mayor and the City Administrator on behalf of the City.
16. NO ASSIGNMENT OR SUBCONTRACTING. The City and Contractor agree that the
services to be rendered by the Contractor under this Contract are unique and personal.
Accordingly, the Contractor may not assign or subcontract out any of the Contractor’s
rights or any of the Contractor’s duties or obligations under this Contract.
17. INVALIDITY OF PROVISIONS. If any term or provision of this Contract or any application
hereof to any person or circumstances, shall to any extent be invalid or unenforceable,
the remainder of this Contract or the application of such term or provision to persons
or circumstances other than those as to which it is held invalid or unenforceable shall
not be effected hereby and each term and provision of this Contract shall be valid and
be enforced to the fullest extent permitted by law.
18. DATA PRACTICES/RECORDS.
A. All data created, collected, received, maintained, or disseminated for any purpose
in the course of this Contract is governed by the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules
adopted to implement the act, as well as federal regulations on data privacy.
B. All books, records, documents, and accounting procedures and practices of the
Contractor and its subcontractors, if any, relative to this Contract are subject to
examination by the City.
19. WARRANTY. The Contractor shall be held responsible for any and all defects in
workmanship which may develop in any part of the contracted service, and upon proper
notification by the City shall remedy, without cost to the City, any such faulty work and
damage done by reason of the same in accordance with the proposal specifications.
20. CHANGE ORDERS. Without invalidating the Contract, the City may, at any time or from
time to time, order additions, deletions, or revisions in the Work; these will be
authorized by Change Orders. Upon receipt of a Change Order, the Contractor shall
City of Lakeville
20195 Holyoke Avenue
Lakeville MN 55044
Attn: City Administrator
Hoffman & McNamara
Company
9045 180th St E
Hastings MN 55033
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proceed with the work involved. Changes in the Contract Price shall be based on the
Proposal Prices
21. ENTIRE AGREEMENT. This instrument herein contains the entire and only agreement
between the parties and no oral statement or representation or prior written matter not
contained in this instrument shall have any force and effect. This Contract shall not be
modified in any way except by writing executed by both parties.
22. DISCRIMINATION. Contractor agrees to comply with Minnesota Statute 181.59 that
states:
Subsection A. That, in the hiring of common or skilled labor for the performance of any
work under any contract, or any subcontract, no contractor, material Contractor or
vendor, shall, by reason of race, creed, or color, discriminate against the person or
persons who are citizens of the United States or resident aliens who are qualified and
available to perform the work to which the employment relates;
Subsection B. That no contractor, material Contractor, or vendor, shall, in any manner,
discriminate against, or intimidate, or prevent the employment of any person or
persons identified in clause (1) of this section, or on being hired, prevent, or conspire to
prevent the person or persons from the performance of work under any contract on
account of race, creed, or color;
Subsection C. That a violation of this section is a misdemeanor; and
Subsection D. That this contract may be canceled or terminated by the state, county,
city, town, school board, or any other person authorized to grant the contracts for
employment, and all money due, or to become due under the contract, may be forfeited
for a second or any subsequent violation of the terms or conditions of this contract.
23. BACKGROUND CHECKS. The City may require criminal history background checks of
the Contractor’s employees for purposes of access to City facilities. The City reserves
the right to deny access to City facilities to those Contractors or Contractor’s employees
that it deems inappropriate.
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CITY OF LAKEVILLE
BY: ___________________________
Luke M. Hellier, Mayor
AND: ___________________________
Taylor Snider, Deputy City Clerk
HOFFMAN & MCNAMARA COMPANY
BY: ___________________________
___________________________
(Print Name)
ITS: ___________________________
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Date: 3/2/2026
Contract for Boulevard Mowing
Proposed Action
Staff recommends adoption of the following motion: Move to approve a contract with VonBank
Lawn Care, Inc. for boulevard mowing.
Overview
In 2022, the City entered into a Joint Powers Agreement (JPA) with Dakota County that allowed
the City to mow urbanized County road boulevards to a higher maintenance standard than the
County was able to provide. Under this agreement, Dakota County reimbursed the City for a
portion of the mowing costs. The County has elected not to continue the JPA for 2026 and will
resume mowing the boulevards using County staff.
City staff met with Dakota County representatives to develop a coordinated mowing plan for
2026. Under this approach, the City will continue mowing select high-priority corridors, while
Dakota County will maintain the remaining County road boulevards. This arrangement is
intended to free up County resources, allowing the County to increase mowing frequency to
approximately once every two weeks, while the City’s contract provides for weekly mowing
along designated corridors. An attached map identifies maintenance responsibilities for each
agency.
City staff will monitor operations throughout the 2026 mowing season and recommend any
adjustments for the 2027 season as needed.
In February, City staff requested proposals from three contractors for boulevard mowing
services. Two proposals were received, with VonBank Lawn Care, Inc. submitting the lowest
responsive proposal. Staff recommends approval of a one-year contract with VonBank Lawn
Care, Inc. for boulevard mowing services for the period of January 2, 2026, through December
31, 2026, in the amount of $55,650.00.
Supporting Information
1. County Blvd Mowing Mowing Contract
2. Request for Proposal
3. Von Bank Lawn Care Inc. Quote
4. Mowing Map
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Financial Impact: $55,650.00 Budgeted: Yes Source: General Fund
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Paul Oehme, Public Works Director
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CONTRACT FOR SERVICES
LAKEVILLE AND DAKOTA COUNTY
BOULEVARD MOWING 2026
AGREEMENT made this 3 day of March 2026, by and between the CITY OF
LAKEVILLE, a Minnesota municipal corporation (“City”) and VonBank Lawn Care,
Inc. (“Contractor”).
IN CONSIDERATION OF THE MUTUAL COVENANTS THE PARTIES AGREE
AS FOLLOWS:
1. CONTRACTOR’S RESPONSIBILITIES.
A. Contractor shall be responsible for providing lawn maintenance services for
parcels or properties listed in Exhibit A (“Work”).
B. The City of Lakeville and Dakota County Boulevard Mowing Standards,
attached hereto as Exhibit A, shall be incorporated herein and, together with this Agreement, shall
be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the
Contract between the parties, as if set out verbatim and in full herein. In the event of conflict
among the provisions of these documents, the terms of this Agreement shall control resolving any
such conflict.
2. 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.
3. TERM. The term of this contract shall be January 2, 2026 - December 31, 2026.
4. 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.
5. GOVERNING LAW. The Contract shall be governed by the laws of the State of
Minnesota.
6. CONDITION/INSPECTION/REMEDY.
A. All goods and other materials furnished under this Contract shall be new
and in current manufacture unless otherwise specified, and all goods and work shall be of good
quality, free from faults and defects and in conformance with the Contract Documents. All
services not conforming to these requirements shall be considered defective.
B. Services shall be subject to inspection by the City.
C. Defective work shall be removed and replaced or satisfactorily repaired.
7. CHANGES TO WORK. Without invalidating the Contract, the City may, at any
time, or from time to time, order additions, deletions, or revisions in the Work; these will be
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authorized by an amendment to the Contract. Upon approval of an
amendment, Contractor shall proceed with the Work involved. Changes in the Contract Price
shall be based upon the prices identified in the Proposal Form provided as Exhibit B or negotiated
between the parties based on similar work provided in the Proposal Form.
8. UNAUTHORIZED WORK. Additional work performed without authorization
of a Change Order will not entitle Contractor to an increase in the Contract Price or an extension
of the Contract Time.
9. OBLIGATIONS OF THE CITY. The City shall pay the Contractor for
performance of the Contract the sum of $55,650.00 as per the Proposal Form attached hereto as
Exhibit B from May 1, 2026 - December 31, 2026. Payments shall be made periodically after a
service has been completed and within thirty (30) days of receipt of an invoice.
10. WORKER’S SAFETY. The Contractor shall follow all applicable safety
standards for landscape maintenance; including but not limited to hearing, mower operation and
chemical application.
11. INSURANCE. Prior to the start of the project, Contractor shall furnish to the City
a certificate of insurance showing proof of the required insurance required under this Paragraph.
Contractor shall take out and maintain or cause to be taken out and maintained until six (6) months
after the City has accepted the public improvements, such insurance as shall protect Contractor
and the City for work covered by the Contract including workers’ compensation claims and
property damage, bodily and personal injury which may arise from operations under this Contract,
whether such operations are by Contractor, or anyone directly or indirectly employed by either of
them. The minimum amounts of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements
of the State of Minnesota, including Employer’s Liability with minimum limits are
as follows:
$500,000 – Bodily Injury by Disease per employee
$500,000 – Bodily Injury by Disease aggregate
$500,000 – Bodily Injury by Accident
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The Contractor’s insurance must be “Primary and Non-Contributory”. All insurance policies
(or riders) required by this Contract shall be (i) taken out by and maintained with responsible
insurance companies organized under the laws of one of the states of the United States and
qualified to do business in the State of Minnesota, (ii) shall name the City and Dakota
County, their employees and agents as additional insureds (CGL and umbrella only) by
endorsement which shall be filed with the City. A copy of the endorsement must
be submitted with the certificate of insurance.
Contractor’s policies and Certificate of Insurance shall contain a provision that coverage
afforded under the policies shall not be cancelled without at least thirty (30) days’ advanced
written notice to the City, or ten (10) days’ notice for non-payment of premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Contractor’s
policy limits on a follow-form basis to satisfy the full policy limits required by this Contract.
12. OWNERSHIP. All reports, plans, models, software, diagrams, analyses, and
information generated in connection with performance of this Agreement shall be the property of
the City. The City may use the information for its purposes.
13. 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.
14. STANDARD OF CARE. Contractor shall exercise the same degree of care, skill,
and diligence in the performance of the services as is ordinarily possessed and exercised by
a contractor under similar circumstances. 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.
15. INDEPENDENT CONTRACTOR. The City hereby retains Contractor as an
independent contractor upon the terms and conditions set forth in this Agreement. 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.
16. 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 Statutes § 471.425. Contractor must
pay subcontractor for all undisputed services provided by subcontractor within ten (10) days
of Contractor’s receipt of payment from City. Contractor must pay interest of one and five-tenths
percent (1.5%) per month or any part of a month to subcontractor on any undisputed amount not
paid on time to subcontractor. The minimum monthly interest penalty payment for an unpaid
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balance of One Hundred and no/100 Dollars ($100.00) or more is Ten and no/100 Dollars
($10.00).
17. ASSIGNMENT. Neither party shall assign this Agreement, or any interest
arising herein, without the written consent of the other party.
18. 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.
19. 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.
20. TERMINATION. This Agreement may be terminated by the City for any reason
or for convenience upon written notice to the Contractor. In the event of termination, provided
Contractor is not in default of the Contract, the City shall pay the Contractor for completed Work.
CITY OF LAKEVILLE VonBank Lawn Care, Inc.
BY: BY:
Luke M. Hellier, Mayor
AND:
Its:
Ann Orlofsky, City Clerk
Exhibit A
2025 LAKEVILLE AND DAKOTA COUNTY BOULEVARD MOWING
CITY PROPERTY DESCRIPTIONS / LOCATIONS & MOWING STANDARDS
Section 1 – Location
1. Lakeville and Dakota County Boulevards and Roundabouts
As noted on the Map Exhibit C.
Section 2 – Lawn Mowing
2.1 Inspection of Area
The Contractor shall inspect the areas and acquaint themselves with all physical conditions
involved.
2.2 Scheduling
Mowing shall occur between the hours of 7:00 AM – 7:00 PM, Monday through Friday, and 8:00
AM – 5:00 PM, Saturday and Sunday. Contractor shall coordinate the work with the City of
Lakeville Streets Superintendent or Streets Supervisor.
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2.3 Cutting Intervals
All Lakeville/County boulevard and center medians indicated in green on Exhibit C shall be
mowed at a maximum of 7 day intervals. All signs, post, water hydrants and other structures
shall be trimmed bi-weekly as requested by the City of Lakeville Streets Superintendent and
Streets Supervisor. Boulevards shall include area between edge of road or curb to
trail/sidewalk and 4 feet beyond trail/sidewalk.
2.4 Height of Cut
All grass shall be kept mowed to a minimum height of 2.5" and a maximum height of 3.5".
Mowers shall be sharp and adjusted to the specified cutting height at all times. Skips in mowing,
streaking of lawns and dragged over grass without cutting will not be accepted. The City
reserves the right to change the height of the cut with proper notification to the contractor.
2.5 Policing of Grounds
Prior to mowing turf areas, all trash and debris including cans, rocks, bottles and papers will be
removed and properly disposed of.
2.6 Cleaning of Walks and Pavements
Clippings will not be discharged onto sidewalks or pavements. All walks and pavements will be
swept or blown after mowing to remove and properly dispose of all grass clippings and
debris.
2.7 Grass Clippings
Grass clippings may remain on the turf, provided they are evenly disbursed. Any detectable
clumping must be evenly dispersed or promptly bagged and properly disposed of.
Section 3 – Edging, Weeding, Trimming and Pruning of Shrubs
3.1 Inspection of Area
The Contractor shall inspect the area and acquaint themselves with all locations, physical
conditions and scope of the work involved.
3.2 Edging and Weeding
Edging is defined as clipping of vegetation growing adjacent to, horizontally over or through
walks, sprinkler heads, driveways, curbs, parking lots, trees, shrub beds, utility poles, sign
posts or any other place where required to present a neat, well-maintained appearance.
Edging will occur a minimum of every other grass cutting. Edging the cultivated areas around
trees, shrubs, mulch beds, walks and pavements will be required once per month. The grass
shall be edged to a line parallel to, and not more than, one inch from the edge of the walks
and pavement or curbing.
3.3 Weed Control
Contractor will provide a minimum of three applications of herbicide treatments. The herbicide
program shall consist of an application of pre-emergent weed control herbicide in May, an
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approved broadleaf weed control application in May – June, and a second broadleaf weed
control application in August – September. Contractor may adjust application timing to be
consistent with the herbicide label, weather conditions and plant growth. Reapplication at
no additional cost will be required for unsatisfactory results. The designated City
representative shall be notified a minimum of 24 hours prior to application of sites to
be treated, and product planned to be used. Contractor shall post sites with the appropriate
signage indicating sites have been treated.
3.4 Trimming and Pruning
Shrubs and trees less than 25’ in height shall be pruned a minimum of one time per year by a
Certified Arborist or experienced personnel. All pruning shall be done in accordance
with ANSI pruning standards. All pruning cuts shall be made with sharp tools at the collar
of the parent branch. All debris shall be removed and properly disposed of. Oaks and elms
shall never be pruned between April and October. Avoid pruning honeylocust, crabapples,
hawthorns, cotoneaster during the growing season (April to October) to prevent fungal and
bacterial infections.
1. Cane-growth habitat shrubs (examples include: Viburnum species like
nannyberry/arrowwood, Spirea, Honeysuckle, dogwood, ninebark, etc.):
Renewal pruning – every year remove up to one-third of the oldest, thickest stems,
pruning them down to ground level. Cut back any remaining stems that look
overgrown.
Rejuvenation pruning – for overgrown shrubs, cut all stems or trunks, pruning them
down to ground level in early spring. This type of pruning shall be done in early
spring March/April before growth begins.
2. Tree-form shrubs and trees (examples include: Pagoda dogwood,
Japanese treelilac, Nannyberry tree-form ):
Natural pruning – prune branches to develop structure and improve plant health.
Select central leader and prune out codominant branches using reduction cuts
within a size range appropriate from the species and size plant. Prune out dead,
damaged, diseased, crossing and/or crowded branches using proper pruning cuts.
This type of pruning shall be done between November and March.
3. Evergreen or deciduous hedges or evergreen shrubs (yews and
arborvitae):
Shearing or pick-pruning – once hedges or evergreen shrubs reach the desired height
and width, prune back every time it grows 6 to 8 inches.
4. All shrubs and trees shall be pruned to maintain specified clearance near
trails/sidewalks, buildings, light poles, signs and over mowed/maintain grass
unless inappropriate for the size, species and location of the plant.
a. Trails/sidewalks – 10 feet of vertical clearance for trees at least 5
inches in diameter. 2-3 feet of horizontal clearance for small trees and shrubs.
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b. Buildings and light poles – 3-4 feet of clearance for trees, 1-2 feet
of clearance for shrubs.
c. Signs – 2-3 feet of clearance
d. Mowed/maintained grass - 8 feet of vertical clearance for trees at
least 5 inches in diameter.
Section 4 – Maintenance of Mulch Beds
4.1 Inspection of Area
The Contractor shall inspect the areas to acquaint themselves with all physical conditions and the
scope of work involved.
4.2 A pre-emergent weed control shall be applied in early Spring to all maintained mulch bed
areas. The application shall consist of both a grass type and broadleaf type pre-emergent
herbicide. Select pre-emergent least likely to damage the managed perennials, shrubs and
trees on site. Avoid herbicide applications directly on or near managed
perennials, shrubs and trees, especially newly planted and establishing vegetation. Owner
can provide species lists for each site upon Contractor request. Contractor shall follow
application with either manual weed removal or chemical weed control for any undesired
vegetation.
4.3 All mulch beds and tree mulch rings shall be maintained weed, grass and debris
free. Mulch beds shall be maintained at a 4-6” depth, with mulching material provided by
the City. Mulch shall be kept 3-4” away from the base on tree trees so the root flare is
exposed. Mulch beds shall be cultivated or “turned over” to scarify top “crust” when other
maintenance is done on site.
Section 5 – Fall Cleanup
5.1 Inspection of Area
The Contractor shall inspect areas shown on the map to acquaint themselves with all physical
conditions and the scope of the work involved.
5.2 Scheduling
To be completed between October 1 and November 1, weather permitting. All sites to be
completed prior to first significant snowfall (sustained snow cover).
5.3 Quality Indicators
All landscape beds and turf areas to be swept/blown/vacuumed clear of all leaves,
litter, clippings and debris. Removal and proper disposal of clippings and waste is
included.
Exhibit B
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Contractor Dakota County Boulevard Mowing
VonBank Lawn Care Inc. $55,650.00
Lakeville Lawn Care and Snow Removal $225,000.00
Paradise Property Services No Response
Dakota County Boulevard Mowing
RFP Results
12/13/2025
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Date: 3/2/2026
Professional Service Agreement for Heritage Center Improvements
Proposed Action
Staff recommends adoption of the following motion: Move to approve a professional service
agreement with Wold Architects and Engineers for the design, bidding and construction
administration of the Heritage Center Improvement Project.
Overview
The Lakeville Heritage Center continues to serve as an important community facility that
supports senior programming, community activities, and flexible gathering spaces. As the
building ages and community needs evolve, staff has identified several components that require
updates, including ADA accessibility improvements, modernization of program spaces, and
enhancements to the fitness room.
To advance this project, staff recommends entering into a professional services agreement with
Wold Architects and Engineers. Wold previously completed the architectural work on the
original remodel that converted the former police station into the Heritage Center. Their
familiarity with the building’s structure, mechanical systems, and past modifications provides a
strong foundation for efficient and accurate design development.
The proposed agreement includes design, project development, bidding services and
construction administration related services.
Supporting Information
1. AGREEMENT
Financial Impact: $42,500 Budgeted: Yes Source: Building Fund CIP
Envision Lakeville Community Values: Access to a Multitude of Natural Amenities and
Recreational Opportunities
Report Completed by: Tom Breeggemann, Facility Supervisor
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PROFESSIONAL SERVICES AGREEMENT
AGREEMENT made this 2nd day of March, 2026, by and between the CITY OF LAKEVILLE, a
Minnesota municipal corporation, with a business office address at 20195 Holyoke Avenue, Lakeville,
Minnesota 55044 ("City") and WOLD ARCHITECTS INC., a Minnesota corporation, with a business
address at 50 S 6th St STE 2250, Minneapolis, MN 55402-1239 ("Consultant").
IN CONSIDERATION OF THEIR MUTUAL COVENANTS THE PARTIES AGREE AS
FOLLOWS:
1. SCOPE OF SERVICES. The City retains Consultant to furnish the services set forth in the
Contract Documents by providing for the comprehensive design and scope, Procurement, and construction
phase services, for the Heritage Center Improvements project. The Consultant agrees to perform the services
diligently and completely and in accordance with professional standards of conduct and performance.
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 Professional Services Agreement.
B. Consultant’s proposal dated February 13th, 2026 (“Proposal”).
In the event of conflict among the provisions of the Contract Documents, the order in which they are listed
above shall control in resolving any such conflicts with the document listed first having the first priority and
the document listed last having the last priority.
3. DEADLINE. Consultant agrees to complete the services under this Agreement by December
31st , 2026.
4. COMPENSATION. Consultant shall be paid by the City for the services described in
Contract Documents, not to exceed a total of Forty-Two Thousand Five-Hundred and no/100ths ($42,500.00)
Dollars, inclusive of reimbursables, expenses, taxes and other charges. The not to exceed fee shall not be
adjusted if the estimated hours to perform a task, the number of estimated required meetings or any other
estimate or assumption is exceeded; provided, however, that in the event unforeseen conditions or
circumstances beyond the reasonable control of Consultant require or result in an extension of the project
schedule or expansion of the scope of work contemplated at the time of execution of this Agreement, the
project schedule and Consultant’s compensation shall be equitably adjusted. Consultant may submit
invoices to the City for progress payments, on a monthly basis for work performed, and the City shall pay
such invoices in the time period specified in this Agreement. The City shall make payment to Consultant
within thirty-five (35) days of receipt of an invoice.
5. CHANGE ORDERS. All change orders, regardless of amount, must be approved in
advance and in writing by the City. No payment will be due or made for work done in advance of such
approval.
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6. DOCUMENTS. All reports, plans, models, software, diagrams, analyses, and information
generated by Consultant or its subconsultants in connection with the performance of this Agreement shall
be “Instruments of Service” and the property of the City. The City may use the information for its
purposes. The City shall be the copyright owner. The vesting of the City’s ownership of the copyright in
materials created by the Consultant shall be contingent upon the City’s fulfillment of its payment
obligations hereunder. Notwithstanding the foregoing, the Consultant and its sub-consultant(s) do not
convey to the City their unique or proprietary design techniques or concepts as may be employed in the
Instruments of Service. The Consultant shall be allowed to use a description of the services provided
hereunder, including the name of the City, and photographs or renderings of any projects which develop
from the planning or other services provided by the Consultant, in the normal course of its marketing
activities. Any use or modification of the Instruments of Service by or at the direction of the City or others
acting through the City without the direct involvement and approval of Wold Architects Inc., shall be at
the sole and exclusive risk of the City and without legal liability to Wold Architects Inc. In the event the
City uses the Instruments of Service without the direct involvement and approval of Wold Architects Inc.,
the City releases Wold Architects Inc., and its subconsultants from all claims and causes of action arising
from such uses. Subject to the limits of liability provided under Minn. Stat. ch. 466, the City further agrees
to indemnify and hold harmless Wold Architects Inc., and its subconsultants from all costs and expenses,
including reasonable attorneys’ fees and other costs of defense, related to claims and causes of action
asserted by any third person or entity to the extent arising from or relating to the City’s use of the
Instruments of Service without the direct involvement and approval Wold Architects Inc.
7. STANDARD OF CARE. Consultant shall exercise the same degree of care, skill, and
diligence in the performance of the services as is ordinarily possessed and exercised by a professional
Consultant under similar circumstances. No other warranty, expressed or implied, is included in this
Agreement. Consultant shall be responsible for the accuracy of the work and shall promptly make
necessary revisions or corrections resulting from errors and omissions on the part of Consultant without
additional compensation.
8. COMPLIANCE WITH LAWS AND REGULATIONS. In providing services hereunder,
Consultant shall abide by all statutes, ordinances, rules and regulations pertaining to the provisions of services
to be provided.
9. INDEMNIFICATION. The Consultant shall indemnify and hold harmless the City, its
officers, agents, and employees, of and from any and all claims, demands, actions, causes of action, including
costs and attorney's fees, arising out of or by reason of the execution or performance of the work or services
provided for herein to the comparative extent they are caused by Consultant’s negligent acts or omissions or
those negligent acts or omissions of persons for whom Consultant is legally responsible.
10. COPYRIGHT. Consultant shall defend actions or claims charging infringement of any
copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied
by them, and they shall hold harmless the City from loss or damage resulting therefrom.
11. INSURANCE. Consultant shall secure and maintain such insurance as will protect
Consultant from claims under the Worker's Compensation Acts, automobile liability, and from claims for
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bodily injury, death, or property damage which may arise from the performance of services under this
Agreement. Such insurance shall be written for amounts not less than:
Commercial General Liability $1,000,000 each occurrence/aggregate
Automobile Liability $1,000,000 combined single limit
Excess/Umbrella Liability $1,000,000 each occurrence/aggregate*
The required minimum of umbrella coverage shall be $2,000,000, or the policy limits, whichever is greater.
The City shall be named as an additional insured on the general liability and umbrella policies on a primary
and noncontributory basis.
The Consultant shall secure and maintain a professional liability insurance policy. Said policy
shall insure payment of damages for legal liability arising out of the performance of professional services for
the City, in the insured's capacity as Consultant, if such legal liability is caused by a negligent act, error or
omission of the insured or any person or organization for which the insured is legally liable. The policy shall
provide minimum limits of One Million Dollars ($1,000,000.00) per occurrence and Three Million Dollars
($3,000,000) aggregate with a deductible maximum of One Hundred Thousand Dollars ($100,000.00).
Before commencing work, the Consultant shall provide the City a certificate of insurance evidencing
the required insurance coverage in a form acceptable to City.
12. INDEPENDENT CONTRACTOR. The City hereby retains the Consultant as an
independent contractor upon the terms and conditions set forth in this Agreement. The Consultant is not an
employee of the City and is free to contract with other entities as provided herein. Consultant shall be
responsible for selecting the means and methods of performing the work. Consultant shall furnish any and
all supplies, equipment, and incidentals necessary for Consultant’s performance under this Agreement. City
and Consultant agree that Consultant shall not at any time or in any manner represent that Consultant or any
of Consultant’s agents or employees are in any manner agents or employees of the City. Consultant shall be
exclusively responsible under this Agreement for Consultant’s own FICA payments, workers compensation
payments, unemployment compensation payments, withholding amounts, and/or self-employment taxes if
any such payments, amounts, or taxes are required to be paid by law or regulation.
13. SUBCONTRACTORS. Except for a subcontract with BKBM Engineers. Consultant shall
not enter into subcontracts for services provided under this Agreement without the express written consent of
the City. Consultant shall comply with Minnesota Statute § 471.425. Consultant must pay subcontractor
for all undisputed services provided by Subcontractor within ten days of Consultant’s receipt of payment
from City. Consultant 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.
14. ASSIGNMENT. Neither party shall assign this Agreement, or any interest arising herein,
without the written consent of the other party.
15. 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.
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16. 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.
17. CONTROLLING LAW. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
18. PATENTED DEVICES, MATERIALS AND PROCESSES. If the Contract requires,
or Consultant desires, the use of any design, devise, material or process covered by letters, patent or
copyright, trademark or trade name, Consultant shall provide for such use by suitable legal agreement
with the patentee or owner and a copy of said agreement shall be filed with the City. If no such agreement
is made or filed as noted, the Consultant shall indemnify and hold harmless the City from any and all
claims for infringement by reason of the use of any such patented designed, device, material or process,
or any trademark or trade name or copyright in connection with the services agreed to be performed under
the Contract, and shall indemnify and defend the City for any costs, liability, expenses and attorney's fees
that result from any such infringement.
19. RECORDS. The Consultant shall maintain complete and accurate records of time and
expense involved in the performance of services.
20. AUDIT DISCLOSURE AND DATA PRACTICES. Any reports, information, data, etc.
given to, or prepared or assembled by the Consultant under this Agreement which the City requests to be kept
confidential, shall not be made available to any individual or organization without the City’s prior written
approval. The books, records, documents and accounting procedures and practices of the Consultant or other
parties relevant to this Agreement are subject to examination by the City and either the Legislative Auditor
or the State Auditor for a period of six (6) years after the effective date of this Agreement. This Agreement
is subject to the Minnesota Government Data Practice Act, Minnesota Statutes Chapter 13 (Data Practices
Act). All government data, as defined in the Data Practices Act Section 13.02, Subd. 7, which is created,
collected, received, stored, used, maintained, or disseminated by Consultant in performing any of the
functions of the City during performance of this Agreement is subject to the requirements of the Data Practice
Act and Consultant shall comply with those requirements as if it were a government entity. All subcontracts
entered into by Consultant in relation to this Agreement shall contain similar Data Practices Act compliance
language.
21. NON-DISCRIMINATION. The Consultant agrees during the life of this Agreement not to
discriminate against any employee, application for employment, or other individual because of race, color,
sex, age, creed, national origin, sexual preference, or any other basis prohibited by federal, state, or local law.
The Consultant will include a similar provision in all subcontracts entered into for performance of this
Agreement.
22. TERMINATION. This Agreement may be terminated by either party (i) immediately
upon a breach of this Agreement by written notice to the other party or (ii) for any reason by giving the
other party thirty (30) days advance written notice, and mailed or delivered to the address listed in the first
paragraph of this Agreement. In the event of termination, the City shall be obligated to the Consultant for
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payment of amounts due and owing including payment for services performed or furnished to the date and
time of termination.
[remainder of page intentionally left blank]
[signature pages to follow]
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CITY OF LAKEVILLE
BY: _______________________________
Luke Hellier, Mayor
AND _______________________________
Taylor Snider, Assistant to the City Administrator
CONSULTANT:
WOLD ARCHITECTS INC.
BY:_______________________________
____________________________[print name]
Its _____________________________ [title]
Joel L. Dunning
Vice President
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February 13, 2026
Tom Breeggemann, Facilities Supervisor
City of Lakeville
20195 Holyoke Avenue
Lakeville, Minnesota 55044
Re: City of Lakeville
Heritage Center Improvements
Commission No. 9999
Dear Tom:
We have appreciated the opportunity to continue our partnership with the City of Lakeville in
collaborating over the last six months on the development of potential improvements to the
Heritage Center, located at 20110 Holyoke Avenue in Lakeville, Minnesota. Based upon our recent
discussion on February 3, 2026, we understand the desire to limit the scope of work initially
undertaken to closely align with Community Development Block Grant funding that the City of
Lakeville has available. We are pleased to offer a proposal for full design, procurement and
construction phase services for the required architectural and engineering consulting needed to
implement the project.
Based on our understanding of the priorities of the City and the available funding, the scope of
work should include:
• Remodeling of the computer lab, library, fitness and art lab at the south end of the building
into one expanded fitness area.
• Remodeling of the existing toilets, showers and storage rooms across the hall from the
aforementioned fitness room into a male and female ADA compliant restrooms, two
changing rooms and a storage room.
• Remodeling of the existing locker rooms, pantry and storage room into a single, new
multipurpose / game room.
• Remodeling of the existing music area into an enclosed room with windows into the skylit
atrium and an access door from the west hallway.
We typically propose a fixed fee and an estimate of reimbursable expenses based on the anticipated
construction cost to create a not to exceed cost on every project. Wold proposes to invoice the fixed
fee on a monthly basis proportionally to the completion status of the overall effort. To provide the
described services noted above, we propose a fixed fee of $41,250 based upon our fixed fee rate of
7.5% for remodeling and maintenance based projects applied to the estimated construction cost of
$550,000 for the scope described above. A maximum of $1,250 in reimbursable expenses is
anticipated to create a not to exceed amount of $42,500.
Proposal
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Letter to Tom Breeggemann
Page 2
Thank you for this opportunity and please call me if you have questions regarding this proposal.
Sincerely,
Wold Architects and Engineers
Joel L. Dunning | AIA, LEED AP
Government Practice Leader
cc: Andy Dahlquist, Wold
Accounting
LJ/Admin/MN/Promo/CI_Lakeville/crsp/2026.02.13 Letter to Tom Breeggemann
Page 131 of 197
Date: 3/2/2026
Kyla Crossing Second Addition Final Plat
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution approving
the Kyla Crossing Second Addition final plat.
Overview
Topaz, LLC has submitted a final plat application for 18 single family lots and three outlots on
7.64 acres of land located at the northwest corner of Kenwood Trail (CSAH 50) and Ipava
Avenue. The Kyla Crossing Second Addition preliminary plat of 18 single family lots was
approved by the City Council on December 1, 2025; the final plat is consistent with the
approved preliminary plat. The final plat plans have been reviewed by Engineering and Parks
and Recreation staff.
Supporting Information
1. Final plat resolution
2. Signed Development Contract
3. February 13, 2026 Planning & Engineering Reports
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: A Home for All Ages and Stages of Life
Report Completed by: Kris Jenson, Planning Manager
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(Reserved for Dakota County Recording Information)
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. 26-______
RESOLUTION APPROVING THE FINAL PLAT OF KYLA CROSSING SECOND
ADDITION
WHEREAS, the owner of the property described as KYLA CROSSING SECOND
ADDITION has requested final plat approval; and
WHEREAS, the preliminary plat was reviewed by the Planning Commission and the Parks,
Recreation and Natural Resources Committee and approved by the City Council; and
WHEREAS, the final plat is consistent with the preliminary plat; and
WHEREAS, the final plat is acceptable to the City;
NOW THEREFORE BE IT RESOLVED by the Lakeville City Council:
1. KYLA CROSSING SECOND ADDITION final plat is approved subject to the
development contract and security requirements.
2. The Mayor and City Clerk are hereby authorized to execute the development
contract, final play mylars, and all other documents required pursuant to the
development contract.
3. The City Clerk is directed to file a certified copy of this resolution with the Dakota
County Recorder.
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2
ADOPTED by the Lakeville City Council this 2nd day of March 2026.
CITY OF LAKEVILLE
Luke M. Hellier, Mayor
ATTEST:
_______________________
Taylor Snider, Deputy City Clerk
STATE OF MINNESOTA )
CITY OF LAKEVILLE )
I hereby certify that the foregoing Resolution No. 26-_________is a true and correct copy of
the resolution presented to and adopted by the City Council of the City of Lakeville at a duly
authorized meeting thereof held on the 2nd day of March 2026 as shown by the minutes of
said meeting in my possession.
__________________________
Taylor Snider
Deputy City Clerk
(SEAL)
Drafted By:
City of Lakeville
20195 Holyoke Avenue
Lakeville, MN 55044
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(reserved for recording information)
DEVELOPMENT CONTRACT
(Developer Installed Improvements)
KYLA CROSSING SECOND ADDITION
CONTRACT dated ____________________, 2026, by and between the CITY OF LAKEVILLE,
a Minnesota municipal corporation (“City”), and TOPAZ, LLC, a Minnesota limited liability company (the
“Developer”).
1. REQUEST FOR PLAT APPROVAL. The Developer has asked the City to approve a plat
for KYLA CROSSING SECOND ADDITION (referred to in this Contract as the "plat"). The land is situated
in the County of Dakota, State of Minnesota, and is legally described as:
Outlot A, Warweg Addition, Dakota County, Minnesota, according to the recorded plat
thereof.
(Torrens Property Cert. of Title No. 193246)
(To be platted as Kyla Crossing Second Addition, Dakota County, Minnesota.)
2. CONDITIONS OF PLAT APPROVAL. The City hereby approves the plat on condition that
the Developer enter into this Contract, furnish the security required by it, and record the plat with the County
Recorder or Registrar of Titles within 180 days after the City Council approves the final plat.
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3. RIGHT TO PROCEED. Within the plat or land to be platted, the Developer may not grade or
otherwise disturb the earth or remove trees, unless a grading permit has been approved by the City Engineer
following approval of a preliminary plat by the City Council, construct sewer lines, water lines, streets, utilities,
public or private improvements, or any buildings until all the following conditions have been satisfied: 1) this
agreement has been fully executed by both parties and filed with the City Clerk, 2) the necessary security
has been received by the City, 3) the necessary insurance for the Developer and its construction contractors
has been received by the City, and 4) the plat has been filed with the Dakota County Recorder or Registrar
of Titles’ office.
4. PHASED DEVELOPMENT. If the plat is a phase of a multi-phased preliminary plat, the City
may refuse to approve final plats of subsequent phases if the Developer has breached this Contract and the
breach has not been remedied. Development of subsequent phases may not proceed until Development
Contracts for such phases are approved by the City. Park dedication charges referred to in this Contract are
not being imposed on outlots, if any, in the plat that are designated in an approved preliminary plat for future
subdivision into lots and blocks. Such charges will be calculated and imposed when the outlots are final
platted into lots and blocks.
5. PRELIMINARY PLAT STATUS. If the plat is a phase of a multi-phased preliminary plat, the
preliminary plat approval for all phases not final platted shall lapse and be void unless final platted into lots
and blocks, not outlots, within two (2) years after preliminary plat approval.
6. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of this Contract, no
amendments to the City’s Comprehensive Plan, except an amendment placing the plat in the current
metropolitan urban service area, or official controls shall apply to or affect the use, development density, lot
size, lot layout or dedications of the approved plat unless required by state or federal law or agreed to in
writing by the City and the Developer. Thereafter, notwithstanding anything in this Contract to the contrary,
to the full extent permitted by state law, the City may require compliance with any amendments to the City’s
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date of this
Contract.
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7. DEVELOPMENT PLANS. The plat shall be developed in accordance with the following
plans. The plans shall not be attached to this Contract. With the exception of Plans A, B, C, and F the plans
may be prepared, subject to the City Engineer’s approval, after entering the Contract, but before
commencement of any work in the plat. The City Engineer may approve minor amendments to Plan B
without City Council approval. The erosion control plan may also be approved by the Dakota County Soil
and Water Conservation District. If the plans vary from the written terms of this Contract, the written terms
shall control. The plans are:
Plan A - Plat
Plan B - Final Grading, Drainage, and Erosion Control Plan
Plan C - Tree Preservation Plan
Plan D - Plans and Specifications for Public Improvements
Plan E - Street Lighting Plan
Plan F - Landscape Plan
8. IMPROVEMENTS. The Developer shall install and pay for the following:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer System
D. Streets
E. Concrete Curb and Gutter
F. Street Lights
G. Site Grading, Stormwater Treatment/Infiltration Basins, and Erosion Control
H. Underground Utilities
I. Setting of Iron Monuments
J. Surveying and Staking
K. Sidewalks and Trails
L. Retaining Walls
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The improvements shall be installed in accordance with the City subdivision ordinance; City standard
specifications for utility and street construction; and any other ordinances including Section 11-16-7 of the
City Code concerning erosion and drainage and Section 4-1-4-2 prohibiting grading, construction activity,
and the use of power equipment between the hours of 10 o’clock p.m. and 7 o’clock a.m. The Developer
shall submit plans and specifications which have been prepared by a competent registered professional
engineer to the City for approval by the City Engineer. The Developer shall instruct its engineer to provide
adequate field inspection personnel to assure an acceptable level of quality control to the extent that the
Developer’s engineer will be able to certify that the construction work meets the approved City standards as
a condition of City acceptance. In addition, the City may, at the City’s discretion and at the Developer’s
expense, have one or more City inspectors and a soil engineer inspect the work on a full or part-time basis.
The Developer, its contractors and subcontractors, shall follow all instructions received from the City’s
inspectors. The Developer’s engineer shall provide for on-site project management. The Developer’s
engineer is responsible for design changes and contract administration between the Developer and the
Developer’s contractor. The Developer or its engineer shall schedule a pre-construction meeting at a
mutually agreeable time at the City with all parties concerned, including the City staff, to review the program
for the construction work.
In accordance with Minnesota Statutes 505.021, the final placement of iron monuments for all lot
corners must be completed before the applicable security is released. The Developer’s surveyor shall also
submit a written notice to the City certifying that the monuments have been installed following site grading,
utility and street construction.
9. CONTRACTORS/SUBCONTRACTORS. City Council members, City employees, and City
Planning Commission members, and corporations, partnerships, and other entities in which such
individuals have greater than a 25% ownership interest or in which they are an officer or director may not
act as contractors or subcontractors for the public improvements identified in Paragraph 8 above.
10. PERMITS. The Developer shall obtain or require its contractors and subcontractors to
obtain all necessary permits, which may include:
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A. Dakota County for County Road Access and Work in County Rights-of-Way
B. MnDot for State Highway Access
C. MnDot for Work in Right-of-Way
D. Minnesota Department of Health for Watermains
E. MPCA NPDES Permit for Construction Activity
F. MPCA for Sanitary Sewer and Hazardous Material Removal and Disposal
G. DNR for Dewatering
H. City of Lakeville for Building Permits
I. MCES for Sanitary Sewer Connections
J. City of Lakeville for Retaining Walls
11. DEWATERING. Due to the variable nature of groundwater levels and stormwater flows, it
will be the Developer’s and the Developer’s contractors and subcontractors responsibility to satisfy
themselves with regard to the elevation of groundwater in the area and the level of effort needed to perform
dewatering and storm flow routing operations. All dewatering shall be in accordance with all applicable
county, state, and federal rules and regulations. DNR regulations regarding appropriations permits shall
also be strictly followed.
12. TIME OF PERFORMANCE. The Developer shall install all required public improvements by
November 30, 2026, with the exception of the final wear course of asphalt on streets. The final wear course
on streets shall be installed between August 15th and October 15th the first summer after the base layer of
asphalt has been in place one freeze thaw cycle. The Developer may, however, request an extension of
time from the City. If an extension is granted, it shall be conditioned upon updating the security posted by
the Developer to reflect cost increases and the extended completion date. Final wear course placement
outside of this time frame must have the written approval of the City Engineer.
13. LICENSE. The Developer hereby grants the City, its agents, employees, officers and
contractors a license to enter the plat to perform all work and inspections deemed appropriate by the City in
conjunction with plat development.
14. EROSION CONTROL. Prior to initiating site grading, the erosion control plan, Plan B, shall
be implemented by the Developer and inspected and approved by the City. The City may impose additional
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erosion control requirements if they would be beneficial. All areas disturbed by the grading operations shall
be stabilized per the MPCA Stormwater Permit for Construction Activity. Seed shall be in accordance with
the City’s current seeding specification which may include temporary seed to provide ground cover as rapidly
as possible. All seeded areas shall be fertilized, mulched, and disc anchored as necessary for seed retention.
The parties recognize that time is of the essence in controlling erosion. If the Developer does not comply
with the MPCA Stormwater Permit for Construction Activity or with the erosion control plan and schedule or
supplementary instructions received from the City, the City may take such action as it deems appropriate to
control erosion. The City will endeavor to notify the Developer in advance of any proposed action, but failure
of the City to do so will not affect the Developer’s and City’s rights or obligations hereunder. If the Developer
does not reimburse the City for any cost the City incurred for such work within ten (10) days, the City may
draw down the letter of credit to pay any costs. No development, utility or street construction will be allowed
and no building permits will be issued unless the plat is in full compliance with the approved erosion control
plan.
The Developer is responsible for obtaining an MPCA Construction Permit for the site prior to
construction. The permit requires that all erosion and sediment BMPS be clearly outlined in a site’s
SWPPP. Changes made throughout construction must be documented in the SWPPP.
Additional erosion control measures may be required during construction as deemed necessary by
City staff. Any additional measures required shall be installed and maintained by the developer.
The MS4 Administration Fee has not been collected on the parent parcels and is required with the
final plat, calculated as follows:
$163,680.00 x 2% Grading Costs = $3,273.60
Grading Cost
Kyla Crossing Second Addition
2026 Rate MS4 Administration Fee
Kyla Crossing Second Addition
15. GRADING. The plat shall be graded in accordance with the approved grading development
and erosion control plan, Plan “B”. The plan shall conform to City of Lakeville specifications. Within thirty
(30) days after completion of the grading and before the City approves individual building permits (except
two (2) model home permits on lots acceptable to the Building Official), the Developer shall provide the City
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with an “as constructed” grading plan certified by a registered land surveyor or engineer that all storm water
treatment/infiltration basins and swales, have been constructed on public easements or land owned by the
City. The “as constructed” plan shall include field verified elevations of the following: a) cross sections of
storm water treatment/infiltration basins; b) location and elevations along all swales, wetlands, wetland
mitigation areas if any, locations and dimensions of borrow areas/stockpiles, and installed “conservation
area” posts; and c) lot corner elevations and house pads, and all other items listed in City Code Section 10-
3-5.NN. The City will withhold issuance of building permits until the approved certified grading plan is on file
with the City and all erosion control measures are in place as determined by the City Engineer. The
Developer certifies to the City that all lots with house footings placed on fill have been monitored and
constructed to meet or exceed FHA/HUD 79G specifications. The soils observation and testing report,
including referenced development phases and lot descriptions, shall be submitted to the Building Official for
review prior to the issuance of building permits.
Before a building permit is issued, a cash escrow of $1,000.00 per lot shall be furnished to the City
to guarantee compliance with the erosion control and grading requirements and the submittal of an as-built
certificate of survey. Prior to the release of the required individual lot grading and erosion control security
that is submitted with the building permit, an as-built certificate of survey for single family lots must be
submitted to verify that the final as-built grades and elevations of the specific lot and all building setbacks are
consistent with the approved grading plan for the development, and amendments thereto as approved by
the City Engineer, and that all required property monuments are in place. If the final grading, erosion control
and as-built survey is not timely completed, the City may enter the lot, perform the work, and apply the
cash escrow toward the cost. Upon satisfactory completion of the grading, erosion control and as-built
survey, the escrow funds, without interest, less any draw made by the City, shall be returned to the person
who deposited the funds with the City.
Kyla Crossing Second Addition contains more than one acre of site disturbance. A National
Pollution Discharge Elimination System General Stormwater Permit for construction activity is required
from the Minnesota Pollution Control Agency for areas exceeding one acre being disturbed by grading. A
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copy of the Notice of Stormwater Permit Coverage must be submitted to the City upon receipt from the
MPCA.
16. CLEAN UP. The Developer shall clean dirt and debris from streets that has resulted from
construction work by the Developer, home builders, subcontractors, their agents or assigns. Prior to any
construction in the plat, the Developer shall identify in writing a responsible party and schedule for erosion
control, street cleaning, and street sweeping.
17. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work and construction
required by this Contract and final acceptance by the City, the public improvements lying within public
easements shall become City property without further notice or action.
18. CITY ENGINEERING ADMINISTRATION, CONSTRUCTION OBSERVATION AND
AS-BUILT RECORD DRAWING PREPARATION.
The Developer shall pay a fee for in-house engineering administration. City engineering
administration will include monitoring of construction observation, consultation with Developer and its
engineer on status or problems regarding the project, coordination for final inspection and acceptance,
project monitoring during the warranty period, and processing of requests for reduction in security. Fees for
this service shall be three percent (3%) of construction costs identified in the Summary of Security
Requirements if using a letter of credit, assuming normal construction and project scheduling. The Developer
shall pay for construction observation and as-built record drawing preparation performed by the City’s in-
house engineering staff or consulting engineer. Construction observation shall include part or full time
inspection of proposed public utilities and street construction and will be billed on hourly rates estimated to
be five percent (5%) of the estimated construction cost. Construction as-built record drawing preparation
shall include field surveying, preparation of as-built record drawings and updating the City’s GIS database
and will be billed on hourly rates estimated to be one half of a percent (0.5%) of the estimated construction
cost.
19. STORM SEWER. Development of Kyla Crossing Second Addition includes the construction
of two, and the expansion of one, publicly owned and maintained stormwater management basins to collect
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and treat the stormwater runoff generated from the site. The northern two basins outlet to the existing
basin north of the platted area. The southern basin will expand the existing basin that collects runoff from
Kenwood Trail.
The stormwater management basins will be located within Outlots A and B, which the Developer
shall convey to the City with the final plat. The stormwater basin design is consistent with City ordinance
requirements.
The Developer shall install public storm sewer systems within the subdivision to collect and convey
stormwater runoff generated from within the public right-of-way and lots to the public stormwater
management basins located within Outlots A and B.
Draintile construction is required in areas of non-granular soils within Kyla Crossing Second
Addition for the street sub-cuts and lots. Any additional draintile construction, including perimeter draintile
required for building footings, which is deemed necessary during construction shall be the Developer’s
responsibility to install and finance.
The Storm Sewer Charge has not been collected on the parent parcels and is required with the
final plat, calculated as follows:
Storm Sewer Charge Summary
Gross Area of Kyla Crossing Second Addition 332,767.00 s.f.
Less Area of Outlot A (Deeded to City) (-) 55,231.00 s.f.
Less Area of Outlot B (Deeded to City)
Less Area of Outlot C (Deeded to City)
Less Area of Kenwood Avenue Right-of-Way
(-) 6,349.00 s.f.
(-) 3,032.00 s.f.
(-) 7,124.00 s.f.
Total Storm Sewer Charge Area (Single-Family) = 261,031.00 s.f.
261,031.00 s.f. x $0.178/s.f. = $46,463.52
Net Area
Kyla Crossing Second Addition
2026 Unit Rate
(Single-Family)
Storm Sewer Charge
Kyla Crossing Second Addition
20. SANITARY SEWER. Kyla Crossing Second Addition is located within subdistricts ML-
70000 and ML-70215 of the Lake Marion sanitary sewer district as identified in the City’s Sanitary Sewer
Comprehensive Plan.
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The Developer shall construct and extend public sanitary sewer within the subdivision. The
wastewater from the development will be conveyed via existing trunk sanitary sewer to the Empire
Wastewater Treatment Facility monitored by meter M649.
The Lateral Sanitary Sewer Charge has not been collected on the parent parcels and shall be paid
by the Developer with the final plat, calculated as follows:
229.81 f.f. x $41.50/f.f. = $9,537.12
Front Footage Along Kenwood Trail 2026 Unit Rate Lateral Sanitary Sewer Charge
Kyla Crossing Second Addition
21. WATERMAIN. The Developer shall extend 8-inch watermain within the development to
provide water service to the subdivision.
The Lateral Watermain Charge has not been collected on the parent parcels and shall be paid by
the Developer with the final plat, calculated as follows:
(529.56 f.f. + 229.81 f.f.) x $48.00/f.f. = $36,449.76
Front Footage Along Ipava Avenue
and Kenwood Trail
2026 Unit Rate Lateral Watermain Charge
Kyla Crossing Second Addition
22. CONSTRUCTION ACCESS. Construction traffic access and egress for grading, utility and
street construction will be from Ipava Avenue. Access to the existing adjacent local roadways shall not be
permitted for the construction.
23. IPAVA AVENUE IMPROVEMENTS. The Developer shall install one full access
intersection to Ipava Avenue with the development improvements.
24. PARKS, TRAILS, AND SIDEWALKS. The City’s Parks, Trails and Open Space Plan does
not designate a park within Kyla Crossing Second Addition. The Park Dedication requirement has not
been collected on the parent parcel and shall be satisfied through a cash contribution by the Developer
with the final plat.
The Developer shall install five-foot wide concrete sidewalks, with pedestrian curb ramps, along
one side of all local streets.
The Park Dedication requirement has not been collected on the parent parcels and will be satisfied
through a cash contribution to be paid by the Developer with the final plat, calculated as follows:
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18 units x $6,007.00 = $108,126.00
Total Units (Low-Density)
Kyla Crossing Second Addition
2026 Unit Rate
(Low-Density)
Park Dedication Fee
Kyla Crossing Second Addition
25. TRAFFIC CONTROL SIGNS AND STREET LIGHT OPERATION COSTS. The Developer
shall pay a cash fee of $1,425.00 for traffic control signs with the final plat. If street signs are installed
during frost conditions, the Developer shall pay an additional $150.00 for each traffic control sign location.
If multiple mobilizations are needed, the Developer shall pay an additional $300.00 for each mobilization.
The Developer shall pay a cash fee for one-year of streetlight operating expenses with the final
plat, calculated as follows:
18 units x $42.52/unit = $765.36
Total Units
Kyla Crossing Second Addition
2026 Rate Streetlight Operating Fee
Kyla Crossing Second Addition
26. ENVIRONMENTAL RESOURCES EXPENSES. The Developer shall pay a cash fee for
one-year of environmental resources management expenses with the final plat, calculated as follows:
18 units x $64.00/unit = $1,152.00
Total Units (Single Family)
Kyla Crossing Second Addition
2025 Rate Environmental Resources Fee
Kyla Crossing Second Addition
27. LANDSCAPING. Unless the lot already has two (2) trees on it, the Developer or lot purchaser
shall plant sufficient trees so that there are at least two (2) trees on every lot in the plat, one of which must
be planted in the front yard. Trees that are chosen by the Developer or property owner cannot cause a public
nuisance, such as cotton producing trees, or trees that may become a public hazard due to insect infestation
or weak bark. The minimum deciduous tree size shall be two and one-half (2½) inches caliper, balled and
burlapped. Evergreen trees must be at least eight feet (8’) tall. The trees may not be planted in the right-
of-way. The Developer or lot purchaser shall sod the front yard, boulevard, and side yards to the rear of
the structure on every lot. Weather permitting, the trees, sod, and seed shall be planted within sixty (60)
days after a home has received a certificate of occupancy. Before a building permit is issued, a cash
escrow of $1,000.00 per lot shall be furnished the City to guarantee compliance with the landscaping
requirements. If the landscaping is not completed in a timely manner, the City may enter the lot, perform
the work, and apply the cash escrow toward the cost. Upon satisfactory completion of the landscaping the
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escrow funds, without interest, less any draw made by the City, shall be returned to the person who
deposited the funds with the City. All trees shall be warranted to be alive, of good quality, and disease
free for twelve (12) months after planting. Any replacements shall be warranted for twelve (12) months
from the time of planting. The Developer or property owner is responsible for contacting the City when all
the landscaping has been installed to set up an inspection. Fifty percent (50%) of the security will be
released when all the landscaping has been installed and inspected by City staff and the remaining fifty
percent (50%) will be released one year after the landscaping inspection and any warranty work has been
completed.
28. BUFFER YARD BERM/LANDSCAPE SCREEN. The Developer shall install a buffer yard
containing earth berms and/or plantings of a sufficient density to provide a visual screen and a reasonable
buffer a minimum of ten feet in height shall be provided adjacent to Ipava Avenue consistent with the
Zoning Ordinance.
The Developer shall provide a $1,000.00 cash escrow with the building permit applications for Lot
9, Block 1 and Lot 9, Block 2 abutting Ipava Avenue to guarantee installation of the buffer side yard sod to
the existing trail. This escrow will be in addition to the two trees/lot and front yard sod escrow required at
the time of building permit.
Landscaping shall be installed in accordance with the approved landscape plan. The
Developer shall post a $23,502.00 landscaping security at the time of final plat approval to ensure that the
landscaping is installed in accordance with the approved plan.
29. TREE PRESERVATION. The Tree Preservation Plan for Kyla Crossing Second Addition
identifies a total of 828 diameter inches of significant trees on the site. Of these, 152 inches of significant
trees are proposed to be removed. This is a proposed removal rate of 18.4%, below the 40% removal
threshold for the site. The replacement tree calculation is not required for this project.
Plans show six individual lots with at least one tree to be saved, and one outlot with at least one
tree to be saved.
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The Developer shall install tree protection measures prior to, and maintained throughout,
construction, as defined in the tree preservation ordinance. The removal of trees marked to be saved will
require replacement planting as defined in the tree preservation ordinance.
30. SPECIAL PROVISIONS. The following special provisions shall apply to plat development:
A. Implementation of the recommendations listed in the February 13, 2026, Planning Report, and
February 13, 2026, Engineering Report.
B. Before the City signs the final plat, the Developer shall convey Outlots A, B, and C to the City by
warranty deed, free and clear of any and all encumbrances.
C. Prior to City Council approval of the final plat, the Developer shall furnish a boundary survey of
the proposed property to be platted with all property corner monumentation in place and marked
with lath and a flag. Any encroachments on or adjacent to the property shall be noted on the
survey. The Developer shall post a $2,100.00 security for the final placement of interior
subdivision iron monuments at property corners. The security was calculated as follows: twenty
one (21) lots/outlots at $100.00 per lot/outlot. The security will be held by the City until the
Developer's land surveyor certifies that all irons have been set following site grading and utility
and street construction. In addition, the certificate of survey must also include a certification that
all irons for a specific lot have either been found or set prior to the issuance of a building permit
for that lot.
D. The Developer shall pay a cash fee for the preparation of addressing, property data, and City
base map updating. This fee is $90.00 per lot/outlot for a total charge of $1,890.00.
E. The Developer shall be responsible for the cost of street light installation consistent with a street
lighting plan approved by the City. Before the City signs the final plat, the Developer shall post a
security for street light installation consistent with the approved plan. The estimated amount of
this security is $2,400.00 and consists of two (2) post-top streetlights at $1,200.00 each.
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F. The Developer is required to submit the final plat in electronic format. The electronic format shall
be either AutoCAD.DWG file or a .DXF file. All construction record drawings (e.g., grading,
utilities, streets) shall be in electronic format in accordance with standard City specifications.
31. SUMMARY OF SECURITY REQUIREMENTS. To guarantee compliance with the terms of
this Contract, payment of real estate taxes including interest and penalties, payment of special assessments,
payment of the costs of all public improvements, and construction of all public improvements, the Developer
shall furnish the City with a cash escrow, or letter of credit, in the form attached hereto, from a bank
("security") for $895,518.99. The amount of the security was calculated as follows:
CONSTRUCTION COSTS:
A. Sanitary Sewer $114,992.50
B. Watermain 106,558.00
C. Storm Sewer/Draintile 160,852.50
D. Streets 231,959.15
E. Grading, Drainage, Erosion Control and Restoration 163,680.00
CONSTRUCTION SUB-TOTAL $778,042.15
OTHER COSTS:
A. Developer’s Design (3.0%) $23,341.26
B. Developer’s Construction Survey (2.5%) 19,451.05
C. City Legal Expenses (Est. 0.5%) 3,890.21
D. City Construction Observation (Est. 5.0%) 38,902.11
E. City Record Drawings (0.5%) 3,890.21
F. Landscaping 23,502.00
G. Streetlights 2,400.00
H. Lot Corners/Iron Monuments 2,100.00
OTHER COSTS SUB-TOTAL $117,476.84
TOTAL SECURITIES: $895,518.99
This breakdown is for historical reference; it is not a restriction on the use of the security. The bank
shall be subject to the approval of the City Administrator. The City may draw down the security, on five (5)
business days written notice to the Developer, for any violation of the terms of this Contract or without notice
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if the security is allowed to lapse prior to the end of the required term. If the required public improvements
are not completed at least thirty (30) days prior to the expiration of the security, the City may also draw it
down without notice. If the security is drawn down, the proceeds shall be used to cure the default. Upon
receipt of proof satisfactory to the City that work has been completed and financial obligations to the City
have been satisfied, with City approval the security may be reduced from time to time by ninety percent
(90%) of the financial obligations that have been satisfied. Ten percent (10%) of the amounts certified by
the Developer's engineer shall be retained as security until all improvements have been completed, all
financial obligations to the City satisfied, the required "as constructed" plans have been received by the City,
a warranty security is provided, and the public improvements are accepted by the City Council. The City’s
standard specifications for utility and street construction outline procedures for security reductions.
32. SUMMARY OF CASH REQUIREMENTS. The following is a summary of the cash
requirements under this Contract which must be furnished to the City prior to the City Council signing the
final plat:
A. Park Dedication $108,126.00
B. Lateral sanitary Sewer Charge 9,537.12
C. Lateral Watermain Charge 36,449.76
D. Storm Sewer Charge 46,463.52
E. MS4 Administration Fee 3,273.60
F. Traffic Control Signs 1,425.00
G. Street Light Operating Fee 765.36
H. Environmental Resources Expenses 1,152.00
I. Property Data and Asset/Infrastructure Management Fee 1,890.00
J. City Engineering Administration 23,341.26
(3% for letters of credit)
SUB-TOTAL TO CASH REQUIREMENTS $232,423.62
CREDITS TO THE CASH REQUIREMENTS
Temporary Turnaround Escrow Credit (Escrow No. 8351) $5,000.00
TOTAL CASH REQUIREMENTS $227,423.62
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33. WARRANTY. The Developer warrants all improvements required to be constructed by it
pursuant to this Contract against poor material and faulty workmanship. The warranty period for streets is
one year. The warranty period for underground utilities is two years and shall commence following
completion and acceptance by the City. The one year warranty period on streets shall commence after the
final wear course has been installed and accepted by the City. The Developer shall post maintenance bonds
in the amount of twenty-five percent (25%) of final certified construction costs to secure the warranties. The
City shall retain ten percent (10%) of the security posted by the Developer until the maintenance bonds are
furnished to the City or until the warranty period expires, whichever first occurs. The retainage may be used
to pay for warranty work. The City’s standard specifications for utility and street construction identify the
procedures for final acceptance of streets and utilities.
34. RESPONSIBILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs incurred by it or the City
in conjunction with the development of the plat, including but not limited to Soil and Water
Conservation District charges, legal, planning, engineering and construction observation
inspection expenses incurred in connection with approval and acceptance of the plat, the
preparation of this Contract, review of construction plans and documents, and all costs and
expenses incurred by the City in monitoring and inspecting development of the plat.
B. The Developer shall hold the City and its officers, employees, and agents harmless from claims
made by itself and third parties for damages sustained or costs incurred resulting from plat
approval and development. The Developer shall indemnify the City and its officers, employees,
and agents for all costs, damages, or expenses which the City may pay or incur in consequence
of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Contract,
including engineering and attorneys' fees.
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D. The Developer shall pay, or cause to be paid when due, and in any event before any penalty is
attached, all special assessments referred to in this Contract. This is a personal obligation of the
Developer and shall continue in full force and effect even if the Developer sells one or more lots,
the entire plat, or any part of it.
E. The Developer shall pay in full all bills submitted to it by the City for obligations incurred under
this Contract within thirty (30) days after receipt. If the bills are not paid on time, the City may halt
plat development and construction until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of eighteen percent (18%) per year. Additionally, the
Developer shall pay in full all bills submitted to it by the City prior to any reductions in the security
for the development.
F. In addition to the charges and special assessments referred to herein, other charges and special
assessments may be imposed such as but not limited to City or MCES sewer availability charges
("SAC"), City water connection charges, City sewer connection charges, and building permit fees.
35. DEVELOPER’S DEFAULT. In the event of default by the Developer as to any of the work
to be performed by it hereunder, the City may, at its option, perform the work and the Developer shall promptly
reimburse the City for any expense incurred by the City, provided the Developer, except in an emergency as
determined by the City, is first given notice of the work in default, not less than forty-eight (48) hours in
advance. This Contract is a license for the City to act, and it shall not be necessary for the City to seek a
Court order for permission to enter the land. When the City does any such work, the City may, in addition to
its other remedies, assess the cost in whole or in part.
36. MISCELLANEOUS.
A. The Developer represents to the City that the plat complies with all city, county, metropolitan,
state, and federal laws and regulations, including but not limited to: subdivision ordinances,
zoning ordinances, and environmental regulations. If the City determines that the plat does not
comply, the City may, at its option, refuse to allow construction or development work in the plat
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until the Developer does comply. Upon the City's demand, the Developer shall cease work until
there is compliance.
B. Third parties shall have no recourse against the City under this Contract.
C. Breach of the terms of this Contract by the Developer shall be grounds for denial of building
permits, including lots sold to third parties.
D. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Contract is for
any reason held invalid, such decision shall not affect the validity of the remaining portion of this
Contract.
E. Grading, curbing, and one lift of asphalt shall be installed on all public and private streets prior to
issuance of any building permits, except two (2) model homes on lots acceptable to the Building
Official. Approval of an administrative permit in compliance with Chapter 27 of the City’s zoning
ordinance is required prior to the construction of any model homes.
F. If building permits are issued prior to the acceptance of public improvements, the Developer
assumes all liability and costs resulting in delays in completion of public improvements and
damage to public improvements caused by the City, Developer, its contractors, subcontractors,
material men, employees, agents, or third parties. No sewer and water connections or
inspections may be conducted and no one may occupy a building for which a building permit is
issued on either a temporary or permanent basis until the streets needed for access have been
paved with a bituminous surface and the utilities are accepted by the City Engineer.
G. The action or inaction of the City shall not constitute a waiver or amendment to the provisions of
this Contract. To be binding, amendments or waivers shall be in writing, signed by the parties
and approved by written resolution of the City Council. The City's failure to promptly take legal
action to enforce this Contract shall not be a waiver or release.
H. This Contract shall run with the land and may be recorded against the title to the property. In the
event this Contract is recorded, upon request by Developer, the City covenants to provide a
recordable Certificate of Completion within a reasonable period of time following the request,
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upon the completion of the work and responsibilities required herein, payment of all costs and
fees required and compliance with all terms of the Contract. A release of this Contract may be
provided in the same manner and subject to the same conditions as a Certificate of Completion
provided there are no outstanding or ongoing obligations of Developer under the terms of this
Contract. The Developer covenants with the City, its successors and assigns, that the Developer
is well seized in fee title of the property being final platted and/or has obtained consents to this
Contract, in the form attached hereto, from all parties who have an interest in the property; that
there are no unrecorded interests in the property being final platted; and that the Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
I. Insurance. Developer and Contractor shall provide a copy of the Development Contract to
their insurance professional for verification that the certificate of insurance is in
compliance with the requirements of the Development Contract. Prior to execution of the
final plat, Developer and its general contractor shall furnish to the City a certificate of insurance
showing proof of the required insurance required under this Paragraph. Developer and its
general contractor shall take out and maintain or cause to be taken out and maintained until six
(6) months after the City has accepted the public improvements, such insurance as shall protect
Developer and its general contractor and the City for work covered by the Contract including
workers’ compensation claims and property damage, bodily and personal injury which may
arise from operations under this Contract, whether such operations are by Developer and its
general contractor or anyone directly or indirectly employed by either of them. The minimum
amounts of insurance shall be as follows:
Commercial General Liability (or in combination with an umbrella policy)
$2,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$2,000,000 Annual Aggregate
The following coverages shall be included:
Premises and Operations Bodily Injury and Property Damage
Personal and Advertising Injury
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Blanket Contractual Liability
Products and Completed Operations Liability
Automobile Liability
$2,000,000 Combined Single Limit – Bodily Injury & Property Damage
Including Owned, Hired & Non-Owned Automobiles
Workers Compensation
Workers’ Compensation insurance in accordance with the statutory requirements of the
State of Minnesota, including Employer’s Liability with minimum limits are as follows:
• $500,000 – Bodily Injury by Disease per employee
• $500,000 – Bodily Injury by Disease aggregate
• $500,000 – Bodily Injury by Accident
The Developer’s and general contractor’s insurance must be “Primary and Non-Contributory”.
All insurance policies (or riders) required by this Contract shall be (i) taken out by and
maintained with responsible insurance companies organized under the laws of one of the states
of the United States and qualified to do business in the State of Minnesota, (ii) shall name the
City, its employees and agents as additional insureds (CGL and umbrella only) by endorsement
which shall be filed with the City and (iii) shall identify the name of the plat. A copy of the
endorsement must be submitted with the certificate of insurance.
Developer’s and general contractor’s policies and Certificate of Insurance shall contain a
provision that coverage afforded under the policies shall not be cancelled without at least thirty
(30) days’ advanced written notice to the City, or ten (10) days’ notice for non-payment of
premium.
An Umbrella or Excess Liability insurance policy may be used to supplement Developer’s
or general contractor’s policy limits on a follow-form basis to satisfy the full policy limits required
by this Contract.
J. Indemnification. To the fullest extent permitted by law, Developer agrees to defend, indemnify
and hold harmless the City, and its employees, officials, and agents from and against all claims,
actions, damages, losses and expenses, including reasonable attorney fees, arising out of
Developer’s negligence or its performance or failure to perform its obligations under this
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Contract. Developer’s indemnification obligation shall apply to Developer’s general contractor,
subcontractor(s), or anyone directly or indirectly employed or hired by Developer, or anyone for
whose acts Developer may be liable. Developer agrees this indemnity obligation shall survive
the completion or termination of this Contract.
K. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every
other right, power or remedy, express or implied, now or hereafter arising, available to City, at law
or in equity, or under any other agreement, and each and every right, power and remedy herein
set forth or otherwise so existing may be exercised from time to time as often and in such order
as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy.
L. The Developer may not assign this Contract without the written permission of the City Council.
The Developer's obligation hereunder shall continue in full force and effect even if the Developer
sells one or more lots, the entire plat, or any part of it, until the City’s issuance of a Certificate of
Completion and Release.
M. Retaining walls that require a building permit shall be constructed in accordance with plans and
specifications prepared by a structural or geotechnical engineer licensed by the State of
Minnesota. Following construction, a certification signed by the design engineer shall be filed with
the Building Official evidencing that the retaining wall was constructed in accordance with the
approved plans and specifications. All retaining walls identified on the development plans and
by special conditions referred to in this Contract shall be constructed before any other building
permit is issued for a lot on which a retaining wall is required to be built.
N. Should the Developer convey any lot or lots in the Development to a third party, the City and the
owner of that lot or those lots may amend this Development Contract or other city approvals or
agreements for development or use of those lots without the approval or consent of the Developer
or other lot owners in the Development. Private agreements between the owners of lots within
the Development for shared service or access and related matters necessary for the efficient use
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of the Development shall be the responsibility of the lot owners and shall not bind or restrict City
authority to approve applications from any lot owner in the Development.
37. NOTICES. Required notices to the Developer shall be in writing, and shall be either hand
delivered to the Developer, its employees or agents, or mailed to the Developer by certified mail at the
following address: Topaz, LLC (c/o Ryan Real Estate and One TenTen Homes, 3000 County Road 42
West, Suite 302 Burnsville, MN 55337. Notices to the City shall be in writing and shall be either hand
delivered to the City Administrator, or mailed to the City by certified mail in care of the City Administrator
at the following address: Lakeville City Hall, 20195 Holyoke Avenue, Lakeville, Minnesota 55044.
[Remainder of page is intentionally left blank.
Signature pages follow.]
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CITY OF LAKEVILLE
BY: ___________________________________________
Luke M. Hellier, Mayor
(SEAL)
AND __________________________________________
Ann Orlofsky, City Clerk
STATE OF MINNESOTA )
)ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this ________ day of ______________,
2026, by Luke M. Hellier and by Ann Orlofsky, the Mayor and City Clerk of the City of Lakeville, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council.
______________________________________________
NOTARY PUBLIC
Page 157 of 197
Page 158 of 197
1
City of Lakeville
Community Development
Memorandum
To: Tina Goodroad, Community Development Director
From: Kris Jenson, Planning Manager
Date: February 13, 2026
Subject: Kyla Crossing Second Addition Final Plat
Application Action Deadline: March 21 2026
INTRODUCTION
Topaz, LLC has submitted an application and plans for the final plat of Kyla
Crossing Second Addition, which includes 18 single family lots located north
of Kenwood Trail (CSAH 50) and west of Ipava Avenue. The preliminary plat,
rezoning, and comprehensive plan amendment was approved by the City
Council on December 1, 2025. The lot, block and street design of the Kyla
Crossing Second Addition final plat is consistent with the approved
preliminary plat. The final plat plans have been reviewed by Engineering and
Parks and Recreation staff.
EXHIBITS
A. Location Map
B. Zoning Map
C. Approved Preliminary Plat
D. Final Plat
PLANNING ANALYSIS
Zoning. In conjunction with the approval of the preliminary plat, a rezoning
from RM-2, Medium Density Residential District to RST-2, Single and Two
Family Residential district was approved, contingent upon the approval of the
final plat.
Existing Conditions. The Kyla Crossing Second Addition final plat area
consists of one parcel that has been used for agricultural purposes.
Page 159 of 197
2
Lot Area. Single family lots within the RST-2 District are required to provide a
minimum lot area of 7,500 square feet for interior lots and 9,520 square feet
for corner lots. The area of the lots range from 8,450 square feet to 16,844
square feet and meet the minimum square footage required.
Lot Width. The minimum lot width for single-family lots within the RST-2
District is 55 feet for interior lots and 70 feet for corner lots. Those lots with a
side yard adjacent to Ipava Avenue must have a minimum width of 95 feet.
The narrowest lot is 65 feet wide, with both lots adjacent to Ipava Avenue
being 100 feet or wider, all in compliance with the minimum lot width
requirement.
Setbacks. Setback requirements for single family lots in the RST-2 District are
outlined below:
Front Side
(Interior)
Side
(Buffer)
Rear
20 feet (house)
25 feet (garage)
7 feet 30 feet 30 feet
The proposed building pads meet the minimum setback requirements for
interior, corner and buffer yard lots.
Development Density. The Kyla Crossing final plat consists of 18 single family
lots on 7.63 acres. This results in a gross density of 2.36 units per acre. The net
density, excluding road right-of-way and outlots is 3.00 units per acre.
Phasing. Kyla Crossing Second Addition will be developed in one phase.
Outlots. There are three outlots proposed with the Kyla Crossing Second
Addition final plat.
• Outlot A is 1.27 acres in area and will be deeded to the City for stormwater
management purposes.
• Outlot B is 0.15 acres in area and will be deeded to the City for stormwater
management purposes.
• Outlot C is 0.07 acres in area and will be deeded to the City for stormwater
management purposes.
Access. Kyla Crossing Second Addition will have access from Iris Way at Ipava
Avenue.
Streets & Right-of-Way. Kyla Crossing Second Addition is adjacent to and
will include the construction of one local residential street.
Kenwood Trail (CSAH 50) is an A Minor Arterial in the Dakota County
Transportation Plan and is constructed as a four-lane divided roadway. Thirty-
one (31) feet of right-of-way is being dedicated. The Dakota County Plat
Commission approved the preliminary and final plat at their October 8, 2025
meeting.
Page 160 of 197
3
Iris Way will be a 32-foot-wide street within 60 feet of right-of-way extended
from its current terminus in the Kyla Crossing development. A five-foot-wide
concrete sidewalk will be constructed on the east side of the street. The
existing temporary cul-de-sac on Iris Way will be removed and the area
restored as part of the street extension.
Trails. Trails are currently constructed along Kenwood Trail (CSAH 50) and
Ipava Avenue, adjacent to the plat. No additional trails are planned to be
constructed with this development.
Buffer Yard/Landscaping. There are two lots within Kyla Crossing Second
Addition that are adjacent to Ipava Avenue, a major collector roadway, which
require buffer yard plantings. The final landscape plan, dated November 18,
2025 includes the installation of 20 trees within the two lots that abut Ipava
Avenue. The plan also includes trees at the rear of the lots in Block 2 to
provide buffering from Kenwood Trail (CSAH 50), despite these lots not being
directly adjacent to Kenwood Trail right of way due to an outlot between the
lots and Kenwood Trail, meaning the lots are not subject to buffer yard
requirements. A $23,502 security is required to guarantee installation of the
buffer yard landscaping. The landscape buffer is consistent with the
landscape plan approved with the Kyla Crossing Second Addition preliminary
plat. In addition, a $1,000 per lot escrow is required with each building permit
for the two lots abutting Ipava Avenue for the installation of sod in the side
yard to the trail.
Park Dedication. The City’s Comprehensive Park Plan does not identify any
park land needs in the area of the subject site. Therefore, park dedication
requirements are to be satisfied as a cash contribution. A park dedication fee
of $108,126.00 will be required to be paid prior to recording of the final plat.
Tree Preservation. The Kyla Crossing Second Addition tree inventory
identified 828 diameter inches of significant trees on the site. The plan
proposes the removal of 152 inches of significant trees (18.4%), which is below
the 40% removal threshold and therefore tree replacement is not required.
Wetlands. There are no wetlands on the site.
Grading, Drainage and Erosion Control. Grading, drainage, erosion control,
and utility details are outlined in the February 13, 2026 engineering report
prepared by Grace Ellis, Graduate Engineer and McKenzie L. Cafferty,
Environmental Resources Manager.
Subdivision Identification Sign. At this time the developer has not proposed
a subdivision identification sign within this final plat.
Page 161 of 197
4
RECOMMENDATION
The Kyla Crossing Second Addition final plat is consistent with the approved
preliminary plat and complies with the requirements of the Zoning and
Subdivision Ordinances. Community Development Department staff
recommends approval of the Kyla Crossing Second Addition final plat, subject
to the following conditions:
1. The recommendations listed in the February 13, 2026 engineering report.
2. Outlots A, B, and C shall be deeded to the City with the Kyla Crossing
Second Addition final plat.
3. A five-foot-wide concrete sidewalk shall be constructed at the developer’s
expense as shown on the approved final plat plans.
4. Park dedication shall be satisfied through a cash contribution of
$73,566.00 at the time of final plat.
5. Landscaping shall be installed consistent with the approved landscape
plan. A security in the amount of $23,502 shall be submitted with the final
plat to guarantee installation of the approved landscaping. An as-built
landscape plan must be submitted prior to any landscape inspection of
the site.
6. A $1,000 cash escrow must be submitted with the building permit
applications for Lot 9, Block 1 and Lot 9, Block 2 to guarantee installation of
the buffer side yard sod. This escrow will be in addition to the two trees/lot
and front yard sod escrow required at the time of building permit.
7. If a subdivision monument sign is proposed it must be maintenance free
and located outside of drainage and utility easements. A sign permit is
required to be issued by the City prior to installation of any subdivision
monument sign.
Page 162 of 197
Dakota County, Vantor
City of Lakeville
Location Map
Kyla Crossing
Second Add
EXHIBIT A
Site Location
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Page 163 of 197
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Page 164 of 197
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A. 11 CITY CO00ENTS
Outlot A, WARWEG ADDITION, Dakota County, Minnesota.
PROPERTY DESCRIPTION
DRAINAGE AND UTILITY EASEMENTS BEING
5 FEET IN WIDTH, UNLESS OTHERWISE
INDICATED, ADJOINING LOT LINES, AND
BEING 10 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING RIGHT
OF WAY LINES, AS SHOWN ON THIS PLAT.
DRAINAGE AND UTILITY EASEMENTSARE SHOWN THUS:
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EXHIBIT C
Page 165 of 197
KYLA CROSSING SECOND ADDITION
KNOW ALL PERSONS BY THESE PRESENTS: That Topaz, LLC, a Minnesota limited liability company,
owner of the following described property:
Outlot A, WARWEG ADDITION, according to the recorded plat thereof, Dakota County, Minnesota.
Has caused the same to be surveyed and platted as KYLA CROSSING SECOND ADDITION and does
hereby dedicate to the public for public use the public way and the drainage and utility easements as
created on this plat.
In witness whereof said Topaz, LLC, a Minnesota limited liability company, has caused these presents
to be signed by its proper officer this day of , 20 .
Topaz, LLC
By: its
STATE OF
COUNTY OF
This instrument was acknowledged before me on day of , 20 ,
by , the of
Topaz, LLC, a Minnesota limited liability company, on behalf of the company.
Signature Printed Name
County,
My commission expires
I Marcus F. Hampton do hereby certify that this plat was prepared by me or under my direct
supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a
correct representation of the boundary survey; that all mathematical data and labels are correctly
designated on this plat; that all monuments depicted on this plat have been, or will be correctly set
within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section
505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways
are shown and labeled on this plat.
Dated this day of , 20
______________________________________________________________
Marcus F. Hampton, Licensed Land Surveyor, Minnesota License No. 47481
STATE OF MINNESOTA
COUNTY OF
This instrument was acknowledged before me on this day of ,
20 , by Marcus F. Hampton.
County, Printed Name
My commission expires January 31,
CITY COUNCIL, CITY OF LAKEVILLE, MINNESOTA
This plat of KYLA CROSSING SECOND ADDITION was approved and accepted by the City Council of
the City of Lakville, Minnesota at a regular meeting thereof held this day
of , 20 , and said plat is in compliance with the provisions of
Minnesota Statutes, Section 505.03, Subd. 2.
By:
Mayor Clerk
DAKOTA COUNTY SURVEYOR, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has
been reviewed and approved this day of , 20 .
By:
Todd B. Tollefson, Dakota County Surveyor
COUNTY BOARD, COUNTY OF DAKOTA, STATE OF MINNESOTA
We do hereby certify that on the 4th day of November, 2025, the Board of Commissioners of Dakota
County, Minnesota, approved this plat of KYLA CROSSING SECOND ADDITION and said plat is in
compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2, and pursuant to the
Dakota County Contiguous Plat Ordinance.
By: __________________________________ Attest: ___________________________________
Chair, Dakota County Board Dakota County Treasurer - Auditor
DEPARTMENT OF PROPERTY TAXATION AND RECORDS,
COUNTY OF DAKOTA, STATE OF MINNESOTA
Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on
the land hereinbefore described have been paid. Also pursuant to Minnesota Statutes, Section 272.12,
there are no delinquent taxes and transfer entered this day of ,
20 .
By:
Amy A. Koethe, Director,
Department Of Property Taxation and Records
REGISTRAR OF TITLES, COUNTY OF DAKOTA, STATE OF MINNESOTA
I hereby certify that this plat of KYLA CROSSING SECOND ADDITION was filed in the office of the
Registrar of Titles for public record on this day of , 20 ,
at o'clock . M. and was duly filed in Book of Plats,
Page , as Document Number .
Amy A. Koethe, Registrar of Titles
BEARINGS ARE BASED ON THE NORTH LINE OF THE
OUTLOT A, WARWEG ADDITION WHICH IS
ASSUMED TO HAVE A BEARING OF S 89°50'58" E
VICINITY MAP
NOTE: NO MONUMENT SYMBOL SHOWN AT ANY STATUTE
REQUIRED LOCATION INDICATES A PLAT MONUMENT THAT
WILL BE SET WITHIN ONE YEAR FROM THE RECORDING
DATE OF THIS PLAT. SAID MONUMENTS SHALL BE 1/2 INCH
x 14 INCH IRON PIPES MARKED BY L.S. NO. 47481.
DENOTES FOUND OPEN 1/2 INCH IRON
MONUMENT UNLESS OTHERWISE NOTED
DENOTES SET 1/2 INCH BY 14 INCH IRON
MONUMENT WITH CAP MARKED L.S. NO. 47481
DENOTES FOUND DAKOTA COUNTY CAST IRON
MONUMENT
DENOTES FOUND DAKOTA COUNTY RIGHT OF WAY
DISC MONUMENT
DENOTES RESTRICTED ACCESS TO DAKOTA
COUNTY PER DOCUMENT NO. T762619 DRAINAGE AND UTILITY EASEMENTS
BEING 5 FEET IN WIDTH, UNLESS
OTHERWISE INDICATED, ADJOINING LOT
LINES, AND BEING 10 FEET IN WIDTH,
UNLESS OTHERWISE INDICATED,
ADJOINING RIGHT OF WAY LINES, AS
SHOWN ON THIS PLAT.
DRAINAGE AND UTILITY EASEMENTS
ARE SHOWN THUS:
SCALE IN FEET
0 50 100
EXHIBIT D
Page 166 of 197
City of Lakeville
Public Works – Engineering Division
Memorandum
To: Kris Jenson, Planning Manager
From: Grace Ellis, Graduate Engineer
McKenzie L. Cafferty, Environmental Resources Manager
Joe Masiarchin, Parks and Recreation Director
Copy: Zach Johnson, City Engineer
Tina Goodroad, Community Development Director
Julie Stahl, Finance Director
Dave Mathews, Building Official
Date: February 13, 2026
Subject: Kyla Crossing Second Addition
• Final Plat Review
• Grading and Erosion Control Plan Review
• Utility Plan Review
• Tree Preservation Review
BBAACCKKGGRROOUUNNDD
Topaz, LLC has submitted a final plat named Kyla Crossing Second Addition. The proposed
subdivision is located north of and adjacent to Kenwood Trail (CSAH 50) and west of and
adjacent to Ipava Avenue. The parent parcel consists of Outlot A, Warweg Addition and is
zoned RST-2 (Single and Two-Family Residential).
The final plat consists of eighteen (18) single-family lots within two (2) blocks, and three (3)
outlots on 7.64 acres.
The outlots created with the final plat shall have the following use:
Outlot A: Stormwater management basin; to be deeded to the City (1.27 acres)
Outlot B: Stormwater management basin; to be deeded to the City (0.15 acres)
Outlot C: Stormwater management basin; to be deeded to the City (0.07 acres)
The proposed development will be completed by:
Page 167 of 197
KKYYLLAA CCRROOSSSSIINNGG SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 1133,, 22002266
PPAAGGEE 22 OOFF 88
Developer: Topaz, LLC
Engineer/Surveyor: Hill Incorporated
SSIITTEE CCOONNDDIITTIIOONNSS
The Kyla Crossing Second Addition site consists of undeveloped agricultural land. The parent
parcel generally drains south to north.
SSTTRREEEETT AANNDD SSUUBBDDIIVVIISSIIOONN LLAAYYOOUUTT
Kenwood Trail (CSAH 50)
Kyla Crossing Second Addition is located north of and adjacent to Kenwood Trail, a minor
arterial County highway, as identified in the City’s Transportation Plan. Kenwood Trail is
currently constructed as a four-lane divided urban roadway with a center median. The current
Dakota County Plat Review Needs Map indicates a half right-of-way requirement of 75-feet
and designates this roadway as a four-lane divided urban roadway over its entire length
adjacent to the plat. The Developer is dedicating the necessary right-of-way as shown on the
final plat. The preliminary plat was reviewed and recommended for approval by the Dakota
County Plat Commission at their October 8, 2025 meeting upon meeting the described
conditions in the plat commission letter.
Ipava Avenue
Kyla Crossing Second Addition is located west of and adjacent to Ipava Avenue, a major
collector roadway, as identified in the City’s Transportation Plan. Ipava Avenue is currently
constructed as a four-lane divided urban roadway with a center median adjacent to the plat.
Ipava Avenue has the necessary right-of-way adjacent to the plat area and no additional
right-of-way dedication is needed.
The Developer is proposing one full access intersection to Ipava Avenue with the
development improvements.
Iris Way (Local Road)
Development of Kyla Crossing Second Addition includes the construction of Iris Way, a local
roadway. Iris Way is designed as a 32-foot-wide urban roadway with a five-foot sidewalk
along one side of the street. The Developer is dedicating 60-feet of right-of-way. Iris Way will
provide a connection and access to Ipava Avenue.
CCOONNSSTTRRUUCCTTIIOONN AACCCCEESSSS
Construction traffic access and egress for grading, utility and street construction will be from
Ipava Avenue. Access to the existing adjacent local roadways shall not be permitted for the
construction.
Page 168 of 197
KKYYLLAA CCRROOSSSSIINNGG SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 1133,, 22002266
PPAAGGEE 33 OOFF 88
PPAARRKKSS,, TTRRAAIILLSS AANNDD SSIIDD EEWWAALLKKSS
The City’s Parks, Trails and Open Space Plan does not designate a park within Kyla Crossing
Second Addition. The Park Dedication requirement has not been collected on the parent
parcel and shall be satisfied through a cash contribution with the final plat.
Development of Kyla Crossing Second Addition includes the construction of public sidewalks.
Five-foot wide concrete sidewalks, with pedestrian curb ramps, will be installed along one
side of all local streets.
The Park Dedication requirement has not been collected on the parent parcels and will be
satisfied through a cash contribution to be paid with the final plat, calculated as follows:
18 units x $6,007.00 = $108,126.00
Total Units (Low-Density)
Kyla Crossing Second
Addition
2026 Unit Rate
(Low-Density)
Park Dedication Fee
Kyla Crossing Second
Addition
UUTTIILLIITTIIEESS
SSAANN IITTAARRYY SSEE WWEERR
Kyla Crossing Second Addition is located within subdistricts ML-70000 and ML-70215 of the
Lake Marion sanitary sewer district as identified in the City’s Sanitary Sewer Comprehensive
Plan.
Development of Kyla Crossing Second Addition includes the extension of public sanitary
sewer. 8-inch sanitary sewer will be constructed within the subdivision. The wastewater from
the development will be conveyed via existing trunk sanitary sewer to the Empire Wastewater
Treatment Facility monitored by meter M649.
The Lateral Sanitary Sewer Charge has not been collected on the parent parcels and is
required with the final plat, calculated as follows:
229.81 f.f. x $41.50/f.f. = $9,537.12
Front Footage Along Kenwood Trail 2026 Unit Rate Lateral Sanitary Sewer Charge
Kyla Crossing Second Addition
WWAATTEERRMMAAIINN
Development of Kyla Crossing Second Addition includes the extension of public watermain.
8-inch watermain will be extended within the development to provide water service to the
subdivision.
The Lateral Watermain Charge has not been collected on the parent parcels and is required
with the final plat, calculated as follows:
(529.56 f.f. + 229.81 f.f.) x $48.00/f.f. = $36,449.76
Front Footage Along Ipava Avenue
and Kenwood Trail
2026 Unit Rate Lateral Watermain Charge
Kyla Crossing Second Addition
Page 169 of 197
KKYYLLAA CCRROOSSSSIINNGG SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 1133,, 22002266
PPAAGGEE 44 OOFF 88
DDRRAAIINNAAGGEE AANNDD GGRRAADDIINNGG
Kyla Crossing Second Addition is located within subdistrict SC-080 of the South Creek
stormwater district as identified in the City’s Water and Natural Resources Management Plan.
Development of Kyla Crossing Second Addition includes the construction of two and
expansion of one publicly owned and maintained stormwater management basins to collect
and treat the stormwater runoff generated from the site. The northern two basins outlet to
the existing basin north of the platted area. The southern basin will expand the existing basin
that collects runoff from Kenwood Trail.
The stormwater management basins will be located within Outlots A and B which will be
deeded to the City with the final plat. The stormwater basin design is consistent with City
ordinance requirements.
The final grading plan shall identify all fill lots in which the building footings will be placed on
fill material. The grading specifications shall also indicate that all embankments meet
FHA/HUD 79G specifications. The Developer shall certify to the City that all lots with footings
placed on fill material are appropriately constructed. Building permits will not be issued until
a soils report and an as-built certified grading plan have been submitted and approved by
City staff.
Kyla Crossing Second Addition contains more than one acre of site disturbance. A National
Pollution Discharge Elimination System General Stormwater Permit for construction activity is
required from the Minnesota Pollution Control Agency for areas exceeding one acre being
disturbed by grading. A copy of the Notice of Stormwater Permit Coverage must be
submitted to the City upon receipt from the MPCA.
SSTTOORRMM SSEEWWEERR
Development of Kyla Crossing Second Addition includes the construction of public storm
sewer systems. Storm sewer will be installed within the subdivision to collect and convey
stormwater runoff generated from within the public right-of-way and lots to the public
stormwater management basins located within Outlots A and B.
Draintile construction is required in areas of non-granular soils within Kyla Crossing Second
Addition for the street sub-cuts and lots. Any additional draintile construction, including
perimeter draintile required for building footings, which is deemed necessary during
construction shall be the developer’s responsibility to install and finance.
The Storm Sewer Charge has not been collected on the parent parcels and is required with
the final plat, calculated as follows:
Storm Sewer Charge Summary
Gross Area of Kyla Crossing Second Addition 332,767.00 s.f.
Less Area of Outlot A (Deeded to City) (-) 55,231.00 s.f.
Page 170 of 197
KKYYLLAA CCRROOSSSSIINNGG SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 1133,, 22002266
PPAAGGEE 55 OOFF 88
Less Area of Outlot B (Deeded to City)
Less Area of Outlot C (Deeded to City)
Less Area of Kenwood Avenue Right-of-Way
(-) 6,349.00 s.f.
(-) 3,032.00 s.f.
(-) 7,124.00 s.f.
Total Storm Sewer Charge Area (Single-Family) = 261,031.00 s.f.
261,031.00 s.f. x $0.178/s.f. = $46,463.52
Net Area
Kyla Crossing Second Addition 2026 Unit Rate
(Single-Family)
Storm Sewer Charge
Kyla Crossing Second Addition
RREESSIIDDEENNTTIIAALL BBUUFFFFEERR YYAARRDD RREEQQUUIIRREEMMEENNTTSS
Kenwood Trail is a minor arterial and Ipava Avenue is a major collector roadway as identified
in the City’s Transportation Plan. A buffer yard containing earth berms and/or plantings of a
sufficient density to provide a visual screen and a reasonable buffer a minimum of ten feet in
height shall be provided adjacent to Ipava Avenue consistent with the Zoning Ordinance.
None of the lots in Block 2 are directly adjacent to Kenwood Trail, so buffer yard plantings are
not required, though the landscape plan shows proposed plantings at the rear of Lots 4-9,
Block 2 and Outlot B. A certified as-built grading plan of the buffer yard berm must be
submitted and approved by City staff prior to the installation of any buffer yard plantings.
FEMA FLOODPLAIN ANALYSIS
Kyla Crossing Second Addition is shown on the Flood Insurance Rate Map (Map No.
27037C0192E) as Zone X by the Federal Emergency Management Agency (FEMA). Based on
this designation, there are no areas in the plat located within a Special Flood Hazard Area
(SFHA), as determined by FEMA.
WWEETTLLAANNDDSS
A wetland delineation was completed for the site. The Notice of Application was sent out
September 12, 2025. Based on the onsite review, information provided in the wetland
application for the areas outlined in the report, the application has been determined to be
acceptable for use in implementing the Wetland Conservation Act and no wetlands were
found to be located in the project boundaries.
TTRREEEE PPRREESSEERRVVAATTIIOONN
The Tree Preservation Plan for Kyla Crossing Second Addition identifies a total of 828
diameter inches of significant trees on the site. Of these, 152 inches of significant trees are
proposed to be removed. This is a proposed removal rate of 18.4%, below the 40% removal
threshold for the site. The replacement tree calculation is not required for this project.
Plans show six individual lots with at least one tree to be saved, and one outlot with at least
one tree to be saved.
Page 171 of 197
KKYYLLAA CCRROOSSSSIINNGG SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 1133,, 22002266
PPAAGGEE 66 OOFF 88
Tree protection measures are to be installed prior to, and maintained throughout,
construction. The removal of trees marked to be saved will require replacement planting as
defined in the tree preservation ordinance.
EERROOSSIIOONN CCOONNTTRROOLL
The Developer is responsible for obtaining an MPCA Construction Permit for the site prior to
construction. The permit requires that all erosion and sediment BMPS be clearly outlined in a
site’s SWPPP. Changes made throughout construction must be documented in the SWPPP.
Additional erosion control measures may be required during construction as deemed
necessary by City staff. Any additional measures required shall be installed and maintained by
the developer.
The MS4 Administration Fee has not been collected on the parent parcels and is required with
the final plat, calculated as follows:
$163,680.00 x 2% Grading Costs = $3,273.60
Grading Cost
Kyla Crossing Second
Addition
2026 Rate MS4 Administration Fee
Kyla Crossing Second
Addition
SSEECCUURRIITTIIEESS
The Developer shall provide a Letter of Credit as security for the Developer-installed
improvements relating to Kyla Crossing Second Addition. Construction costs are based upon
a cost estimate submitted by the Developer’s engineer on December 18, 2025 (amended
January 16, 2026).
CONSTRUCTION COSTS
Sanitary Sewer $ 114,992.50
Watermain 106,558.00
Storm Sewer 160,852.50
Streets 231,959.15
Grading, Drainage, Erosion Control and Restoration 163,680.00
SUBTOTAL - CONSTRUCTION COSTS $ 778,042.15
OTHER COSTS
Developer’s Design (3.0%) $ 23,341.26
Developer’s Construction Survey (2.5%) 19,451.05
City’s Legal Expense (0.5%) 3,890.21
City Construction Observation (5.0%) 38,902.11
Developer’s Record Drawing (0.5%) 3,890.21
Landscaping 23,502.00
Streetlights 2,400.00
Page 172 of 197
KKYYLLAA CCRROOSSSSIINNGG SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 1133,, 22002266
PPAAGGEE 77 OOFF 88
Lot Corners/Iron Monuments 2,100.00
SUBTOTAL - OTHER COSTS $ 107,476.84
TOTAL PROJECT SECURITY $ 885,518.99
The street light security totals $2,400 which consists of two (2) post-top streetlights at $1,200
each.
The Developer shall post a security to ensure the final placement of iron monuments at
property corners with the final plat. The security is $100.00 per lot and outlot for a total of
$2,100.00. The City shall hold this security until the Developer’s Land Surveyor certifies that all
irons have been placed following site grading, street, and utility construction.
CCAASSHH FFEEEESS
A cash fee of $1,425.00 for traffic control signs shall be paid with the final plat. If street signs
are installed during frost conditions, the Developer shall pay an additional $150.00 for each
traffic control sign location. If multiple mobilizations are needed, the Developer shall pay an
addition $300.00 for each mobilization.
A cash fee for one-year of streetlight operating expenses shall be paid with the final plat and
is calculated as follows:
18 units x $42.52/unit = $765.36
Total Units
Kyla Crossing Second Addition 2026 Rate Streetlight Operating Fee
Kyla Crossing Second Addition
A cash fee for one-year of environmental resources management expenses shall be paid with
the final plat and is calculated as follows:
18 units x $64.00/unit = $1,152.00
Total Units (Single Family)
Kyla Crossing Second Addition
2025 Rate Environmental Resources Fee
Kyla Crossing Second Addition
A cash fee for the preparation of addressing, property data, and City base map updating shall
be paid with the final plat and is calculated as follows:
21 lots/outlots x $90.00/unit = $1,890.00
Lots/Outlots
Kyla Crossing Second Addition 2025 Rate Property Data & Asset/Infrastructure Mgmt. Fee
Kyla Crossing Second Addition
The Developer shall submit the final plat and construction drawings in an electronic format.
The electronic format shall be in .pdf and either .dwg/.dxf or .shx format.
The Developer shall also pay a cash fee for City Engineering Administration. The fee for City
Engineering Administration will be based on three percent (3.00%) of the estimated
construction cost, or $23,341.26.
Page 173 of 197
KKYYLLAA CCRROOSSSSIINNGG SSEECCOONNDD AADDDDIITTIIOONN –– FFIINNAALL PPLLAATT
FFEEBBRRUUAARRYY 1133,, 22002266
PPAAGGEE 88 OOFF 88
CASH REQUIREMENTS
Park Dedication $ 108,126.00
Lateral Sanitary Sewer Charge
Lateral Watermain Charge
9,537.12
36,449.76
Storm Sewer Charge 46,463.52
MS4 Administration Fee 3,273.60
Traffic Control Signs 1,425.00
Streetlight Operating Fee 765.36
Environmental Resources Management Fee 1,152.00
Property Data and Asset/Infrastructure Management Fee 1,890.00
City Engineering Administration (3.00%)
SUB-TOTAL TO CASH REQUIREMENTS
CREDITS TO THE CASH REQUIREMENTS
Temporary Turnaround Escrow Credit (Escrow No. 8351)
TOTAL – CASH REQUIREMENTS
23,341.26
$232,423.62
$5,000.00
$ 227,423.62
RREECCOOMMMMEENNDDAATTIIOONN
Engineering recommends approval of the final plat, grading and erosion control plan, and
utility plan for Kyla Crossing Second Addition, subject to the requirements and stipulations
within this report.
Page 174 of 197
Date: 3/2/2026
Hearing for a High-Cost Tree Abatement
Proposed Action
Staff recommends adoption of the following motion: Move to approve a resolution authorizing
an abatement for nuisance tree removal at 6729 175th Street.
Overview
City staff is pursuing removal of a nuisance cottonwood tree located on private property at 6729
175th Street. The tree is dead and leaning toward the city street and public sidewalk, thereby
creating a public nuisance. Section 4-1-7 of the City Code authorizes the city to abate a public
nuisance and Section 4-1-8 requires a hearing for abatements exceeding $3,000.00. The
contractor’s estimated cost for removal is $3,975.00.
The property owner has received two Notices of Violation from the City Code Enforcement
Officer, is in agreement with the city’s actions, and will willingly sign the right of entry
document. The removal costs will be certified to the owner’s property taxes over a period of five
(5) years.
Supporting Information
1. Resolution
2. Photos of tree to be removed
Financial Impact: $0 Budgeted: No Source:
Envision Lakeville Community Values: Safety Throughout the Community
Report Completed by: Elizabeth Stockman, Code Enforcement Officer
Page 175 of 197
238412v1
CITY OF LAKEVILLE
RESOLUTION NO. _________
A RESOLUTION DECLARING A NUISANCE VIOLATION AT 6729 175TH STREET
AND ORDERING ABATEMENT OF THE NUISANCE
WHEREAS, VALERIA CAMBONI MILLER (“Owner”) owns property located at 6729
175TH STREET (“Property”) in the City of Lakeville; and
WHEREAS, a dead cottonwood tree is located on the Property in violation of City Code §
4-1-2 which constitutes a public nuisance; and
WHEREAS, the City has notified the Owner of the nuisance and requested compliance with
City Code; and
WHEREAS, the Owner has not remedied the violation by removing the dead cottonwood
tree on the Property; and
WHEREAS, since the estimated cost to remove the dead cottonwood tree is $3,975.00, the
abatement of the nuisance is considered a “High-Cost Abatement” which requires a hearing and
approval of abatement by the City Council pursuant to City Code § 4-1-8;
WHEREAS, the City Council may order city staff to abate the nuisance and certify the cost
of abatement against the property following a Hearing; and
WHEREAS, written notice has been provided to Owner as required in City Code § 4-1-8.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
LAKEVILLE, MINNESOTA, as follows:
1. City may certify all costs of abatement against the Property under Minn. Stat. § 429.101, subd.
1(2).
2. City staff is authorized and directed to serve a copy of this Resolution and Order for
Abatement on the record owner of the Property either in person or by certified or registered
mail. If the owner refuses to accept service, this Order shall be served by posting it on the
front door of the premises.
ADOPTED and by the Lakeville City Council this 2nd day of March, 2026.
Page 176 of 197
238412v1
CITY OF LAKEVILLE
By: _____________________________
Luke M. Hellier, Mayor
ATTEST:
______________________________
Taylor Snider, Deputy City Clerk
Page 177 of 197
6729 175th St – High Cost Abatement Tree Removal
Page 178 of 197
Date: 3/2/2026
2026A Bond Issuance -Street Reconstruction/Utility/CIP Projects
Proposed Action:
Staff recommends adoption of the following motion: No formal action required. Staff is seeking
Council direction regarding the issuance of 2026A bonds.
Overview
Staff is presenting the 2026A bond issuance for your consideration. The bonds will provide
funding for the following projects:
• #26-02 – 2026 Street Reconstruction Project
• #26-03 – 2026 Collector Rehabilitation
• #26-09 – 215th St Public Improvements (CSAH 5-CSAH 70)
• #25-11 - Capital Improvement Project (CIP) – Fire Station #2
The 2026A bond issuance is estimated to be $39,505,000. It reflects the following:
• The term of the bonds is 20 years:
o $4,945,000 - Street reconstruction portion = 10 years
o $5,300,000 – Utility portion = 10 years
o $29,260,000 – CIP portion = 20 years
• The structure of the 2026A bonds is compliant with the City’s Debt Policy such that the
total maturity length is equal to or less than 20 years and at least 50% of the principal will
be retired within 10 years.
The City’s municipal advisor, Northland Securities, has prepared the attached Finance Plan for
the 2026A bond issuance. The new franchise fees are intended to cover the CIP debt payments.
Financial Impacts
Based on the current bond estimate, the chart below shows the estimated 2027 debt service levy:
2026 Debt Service Levy $12,145,790
Levy adjustment for existing debt 151,948
Levy for New 2026A Debt Issue-Street 529,670
Levy for New 2026A Debt Issue-CIP 2,211,673
Less Franchise Fee Revenue (2,211,673)
Subtotal 681,618
Estimated 2027 Debt Service Levy $12,827,408
Page 179 of 197
By combining the 2026A capital improvement project above with the 2026 street reconstruction
bonds, the City saves money by limiting costs of bond issuance. The total cost for Fire Station #2
is estimated to be roughly $29M. The construction bid opening will be in May 2026.
One-time reductions were made in the 2026 debt service levy due to excess reserves available in
the debt service funds. The $681,618 increase in debt service levy represents a 1.31% increase
based on the total 2026 property tax levy. The levy for the debt service portion is now 22% of the
total levy – with Park bonds being 4.8% of that 22%. The estimate includes levies for the 2026
bond issuance, as well as covering the first estimated interest payment. Staff will be reviewing
cash balances in the debt service funds to see if there are opportunities to reduce the 2027 debt
service levy. Staff will also be reviewing the 2026A debt structure to determine what changes
can be made to moderate the impact on the tax levy.
The 2027 total tax levy will also be impacted by other adjustments to revenues and expenditures,
service levels, project funding, etc. Funding from Dakota County is anticipated for several of the
projects. Other funding sources (i.e. Park Dedication Funds, Utility Funds, etc.) or project
reductions will need to be identified for project costs more than the maximum bonding.
Park Referendum Bonds – the 2027 levy includes the incremental decrease of $37K from the
2026 levy. The chart below shows the timelines and bond issuance amounts for the referendum.
Issuance
Year/Serie
s
Amount Projects First Year of
Impact to
Levy 2022B $4,845,000 Hasse Arena multi-use outdoor pavilion
rinktgpavilion/rink
2023
2022C $13,735,000 Art Center improvements, Park ID sign
replacements, basketball court
replacements, Antlers Community Park
improvements, trails gaps/connectivity
design and ROW acquisition; Ritter Farm
Park cabin and site improvements design.
2023
2023A $4,345,000 Trails gaps/connectivity construction; Ritter
Farm Park cabin and site improvements
construction.
2024
2024A $15,075,000 Grand Prairie Community Park design and
construction; East Community Park design
and construction.
2025
$38,000,000 Maximum Bonding Authorized
Also attached to this memo is a summary of the tax levies for the four park referendum bond
issuances.
Key dates coming up for the 2026A Bonds:
March 16, 2026 ➢ Council adopts resolution setting the sale of bonds.
Page 180 of 197
April 20, 2026 ➢ Bond Sale – 10:00 a.m.
➢ Council adopts resolution approving the bond sale.
May 14, 2026 ➢ Closing on Bonds.
Supporting Information
1. 1. Preliminary Finance Plan – as of February 26, 2026
2. 2. Park Referendum Debt Levies
Financial Impact: $ 39,505,000 Budgeted: Yes Source: Various
Envision Lakeville Community Values: Good Value for Public Service
Report Completed by: Julie Stahl, Finance Director
Page 181 of 197
Finance Plan
City of Lakeville, Minnesota
$39,505,000
General Obligation Bonds, Series 2026A
March 2, 2026
150 South 5th Street, Suite 3300
Minneapolis, MN 55402
612-851-5900 800-851-2920
www.northlandsecurities.com
Member FINRA and SIPC | Registered with SEC and MSRB
Page 182 of 197
Northland Securities, Inc. Page 2
Contents
Executive Summary ............................................................................................................................... 2
Issue Overview ....................................................................................................................................... 3
Purpose ........................................................................................................................................................ 3
Authority ..................................................................................................................................................... 3
Structure ...................................................................................................................................................... 4
Security and Source of Repayment ................................................................................................... 4
Plan Rationale ............................................................................................................................................ 5
Issuing Process .......................................................................................................................................... 5
Attachment 1 – Preliminary Debt Service Schedules ........................................................................ 6
Attachment 2 – Estimated Levy Schedules ......................................................................................... 8
Attachment 3 – Related Considerations ............................................................................................ 10
Not Bank Qualified ........................................................................................................................ 10
Arbitrage Compliance .................................................................................................................. 10
Continuing Disclosure .................................................................................................................. 10
Premiums ........................................................................................................................................... 10
Rating .................................................................................................................................................. 11
Attachment 4 – Calendar of Events .................................................................................................... 12
Attachment 5 - Risk Factors ................................................................................................................. 14
Page 183 of 197
Northland Securities, Inc. Page 2
Executive Summary
The following is a summary of the recommended terms for the issuance of $39,505,000 General
Obligation Bonds, Series 2026A (the “Bonds”). Additional information on the proposed finance
plan and issuing process can be found after the Executive Summary, in the Issue Overview and
Attachment 3 – Related Considerations.
Purpose Proceeds from the Bonds will be used to finance the City’s 2026
street reconstruction and collector rehabilitation projects, utility
and facility improvements, and to finance the costs associated
with the issuance of the Bonds.
Security The Bonds will be a general obligation of the City. The City will
pledge water and sewer revenues and ad valorem taxes for
payment of the Bonds.
Repayment Term The Bonds will mature annually each February 1 in the years
2027 through 2047. Interest on the Bonds will be payable on
February 1, 2027, and semiannually thereafter on each February
1 and August 1.
Estimated Interest Rate True interest cost (TIC): 3.67%
Interest rates are estimated based on Non-BQ “Aaa” rates as of
February 20, 2026, plus 0.25% for planning purposes.
Prepayment Option Bonds maturing on and after February 1, 2035, will be subject
to redemption on February 1, 2034, and any day thereafter at a
price of par plus accrued interest.
Rating A rating will be requested from Moody’s Ratings (Moody’s).
The City’s general obligation debt is currently rated "Aaa” by
Moody’s.
Tax Status The Bonds will be tax-exempt, non-bank qualified obligations.
Risk Factors There are certain risks associated with all debt. Risk factors
related to the Bonds are discussed in Attachment 5.
Type of Bond Sale Public Sale – Competitive Bids
Proposals Received Monday, April 20, 2026 @ 10:00 A.M.
Council Consideration Monday, April 20, 2026 @ 6:00 P.M.
Page 184 of 197
Northland Securities, Inc. Page 3
Issue Overview
Purpose
Proceeds from the Bonds will be used to finance the following projects (together, the “Projects”):
• a fire station and land purchase as described in the Capital Improvement Plan approved
on September 19, 2024 (the “CIP Portion)”
• the 2026 street reconstruction and collector rehabilitation projects (the “Street
Reconstruction Portion”); and
• the 2026 water and sewer utility projects (the “Utility Portion”).
The proceeds will also be used to pay costs associated with issuing the Bonds. The Bonds have
been sized based on cost estimates provided by City Staff as of February 20, 2026. The table below
contains the estimated sources and uses of funds for the bond issue.
Authority
The Bonds will be issued pursuant to the authority of Minnesota Statutes, Chapters 475 and 444
and Sections 475.58, Subdivision 3b and 475.521.
CIP Portion
Under Section 475.521, a capital improvement is a major expenditure of City funds for the
acquisition or betterment of public lands, buildings, or other improvements used, such as a city
hall, library, public safety, or public works facility, which has a useful life of five years or more.
The maximum amount of principal and interest for capital improvement bonds cannot exceed
0.16% of the estimated market value of taxable property in the City. The City’s 2026 preliminary
estimated market value is $13,940,494,700 ($13,940,494,700 x 0.0016 = $22,304,792). The maximum
amount of principal and interest due in a calendar year on the Bonds plus the City’s outstanding
CIP Bonds is estimated to be approximately $4,251,858, which is less than $22,304,792.
Before issuing bonds under a Capital Improvement Plan (“CIP”), the City must hold a public
hearing on the CIP and the proposed bonds and must then approve the CIP and authorize the
issuance of the bonds by at least a 3/5 majority. The City held the required public hearing and
approved the CIP on October 6, 2025.
If a petition signed by voters equal to at least 5 percent of the votes cast in the last general election
requesting a vote on the issuance of bonds is received by the clerk within 30 days after the public
CIP (Fire
Station)
Street
Reconstruction
& Collector
Rehab
Utility
Improvements
Issue
Summary
Sources Of Funds
Par Amount of Bonds $29,260,000.00 $4,945,000.00 $5,300,000.00 $39,505,000.00
Total Sources $29,260,000.00 $4,945,000.00 $5,300,000.00 $39,505,000.00 Uses Of Funds
Deposit to Project Construction Fund 28,200,000.00 4,790,584.00 5,240,000.00 38,230,584.00
Deposit to Capitalized Interest (CIF) Fund 725,564.54 97,638.58 -823,203.12
Total Underwriter's Discount (0.700%)204,820.00 34,615.00 37,100.00 276,535.00
Costs of Issuance 128,753.99 21,759.70 23,321.81 173,835.50
Rounding Amount 861.47 402.72 (421.81)842.38
Total Uses $29,260,000.00 $4,945,000.00 $5,300,000.00 $39,505,000.00
Page 185 of 197
Northland Securities, Inc. Page 4
hearing, then the bonds may not be issued unless approved by the voters at an election. The 30-
day period expired on November 6, 2025.
Street Reconstruction Portion
Under Section 475.58, Subdivision 3b., street reconstruction bonds can be used to finance the
reconstruction and bituminous overlay of existing city streets. Eligible improvements may
include turn lanes and other improvements having a substantial public safety function,
realignments, other modifications to intersect with state and county roads and the local share of
state and county road projects. Eligible improvements do not include the portion of project cost
allocable to widening a street or adding curbs and gutters where none previously existed.
Before issuing street reconstruction bonds, the City must hold a public hearing on the street
reconstruction project and the proposed bonds, and then must pass a resolution approving the
Street Reconstruction Plan and issuance of street reconstruction bonds. The City held the required
public hearing and approved the Street Reconstruction Plan on October 6, 2025.
Utility Portion
Under Chapter 444, cities may add their general obligation pledge of net utility revenues for
general obligation bonds issued to build, construct, reconstruct, repair, enlarge, improve, or
obtain sanitary sewer, water and storm sewer facilities, and maintain and operate the facilities
inside or outside its corporate limits.
Structure
The CIP Portion has been structured to result in relatively level annual debt service payments
over 20 years with principal payments beginning in 2028. The Street Reconstruction Portion of
the Bonds has been structured to result in relatively level annual debt service payments over 10
years with principal payments beginning in 2028. The Utility portion has been structured to result
in relatively level annual debt service payments over 10 years with principal payments beginning
in 2027.
The proposed structure for the bond issue and preliminary debt service projections for each
portion of the bond issue are illustrated in Attachment 1 and the estimated levies are illustrated
in Attachment 2.
Security and Source of Repayment
The Bonds will be general obligations of the City. The finance plan relies on the following
assumptions for the revenues used to pay debt service, as provided by City staff:
• Property Taxes. The revenues needed to pay debt service on the Bonds are expected to
come from property tax levies. The initial projections show that for the CIP Portion of the
bonds, an annual levy of approximately $2,212,093, is needed to meet the 105% statutory
requirement. The City anticipates using revenues from franchise fees to annually cancel
the CIP levy. The initial projections show that for the Street Reconstruction Portion of the
Bonds, an annual net levy of approximately $605,423, is needed to meet the 105% statutory
requirement. The city anticipates using special assessment revenues to reduce the levy on
an annual basis. The levies may be adjusted annually based on actual monies in the debt
service funds. The initial levies will be made in 2026 for taxes payable in 2027.
Given the timing of the initial revenue from the tax levy, capitalized interest will be
included in the bond issue to cover the first interest payment due on February 1, 2027,
before the first tax collections are received for the CIP and Street Reconstruction Portions.
Page 186 of 197
Northland Securities, Inc. Page 5
• Water & Sewer Revenues. Net revenues of the City’s water and sewer utilities will be
pledged for payment of the Utility Portion of the Bonds. The City will covenant to adopt
water and sewer rates and charges that are sufficient to produce net revenues equal to at
least 105% of the debt service requirements on the Utility Portion of the Bonds. In the event
there is a deficiency in the amount of net revenues available for payment of debt service,
the City may levy taxes to cover the insufficiency, but only on a temporary basis until rates
are adjusted
Plan Rationale
The Finance Plan recommended in this report is based on a variety of factors and information
provided by the City related to the financed project and City objectives, Northland’s knowledge
of the City and our experience in working with similar cities and projects. The issuance of General
Obligation Bonds provides the best means of achieving the City’s objectives and cost-effective
financing. The City has successfully issued and managed this type of debt for previous projects.
Issuing Process
Northland will receive bids from underwriters to purchase the Bonds on Monday, April 20, 2026,
at 10:00 A.M. Market conditions and the marketability of the Bonds support issuance through a
competitive sale. This process has been chosen as it is intended to produce the lowest combination
of interest expense and underwriting expense on the structure, date and time set to receive bids.
The calendar of events for the issuing process can be found in Attachment 4.
Municipal Advisor: Northland Securities, Inc., Minneapolis, Minnesota
Bond Counsel: Dorsey & Whitney LLP, Minneapolis, Minnesota
Paying Agent: US Bank Trust Company, National Association, St. Paul, Minnesota
Page 187 of 197
Northland Securities, Inc. Page 6
Attachment 1 – Preliminary Debt Service Schedules
Total Combined
*Based on preliminary, Non-Bank Qualified “Aaa” rates as of February 20, 2026, plus 0.25%.
Date Principal Coupon Interest Total P+I Fiscal Total
05/14/2026 -----
02/01/2027 510,000.00 2.500%924,561.06 1,434,561.06 1,434,561.06
08/01/2027 --641,177.50 641,177.50 -
02/01/2028 2,010,000.00 2.450%641,177.50 2,651,177.50 3,292,355.00
08/01/2028 --616,555.00 616,555.00 -
02/01/2029 2,055,000.00 2.450%616,555.00 2,671,555.00 3,288,110.00
08/01/2029 --591,381.25 591,381.25 -
02/01/2030 2,110,000.00 2.500%591,381.25 2,701,381.25 3,292,762.50
08/01/2030 --565,006.25 565,006.25 -
02/01/2031 2,165,000.00 2.550%565,006.25 2,730,006.25 3,295,012.50
08/01/2031 --537,402.50 537,402.50 -
02/01/2032 2,220,000.00 2.600%537,402.50 2,757,402.50 3,294,805.00
08/01/2032 --508,542.50 508,542.50 -
02/01/2033 2,280,000.00 2.700%508,542.50 2,788,542.50 3,297,085.00
08/01/2033 --477,762.50 477,762.50 -
02/01/2034 2,340,000.00 2.850%477,762.50 2,817,762.50 3,295,525.00
08/01/2034 --444,417.50 444,417.50 -
02/01/2035 2,405,000.00 2.950%444,417.50 2,849,417.50 3,293,835.00
08/01/2035 --408,943.75 408,943.75 -
02/01/2036 2,470,000.00 3.100%408,943.75 2,878,943.75 3,287,887.50
08/01/2036 --370,658.75 370,658.75 -
02/01/2037 1,945,000.00 3.300%370,658.75 2,315,658.75 2,686,317.50
08/01/2037 --338,566.25 338,566.25 -
02/01/2038 1,430,000.00 3.450%338,566.25 1,768,566.25 2,107,132.50
08/01/2038 --313,898.75 313,898.75 -
02/01/2039 1,480,000.00 3.600%313,898.75 1,793,898.75 2,107,797.50
08/01/2039 --287,258.75 287,258.75 -
02/01/2040 1,530,000.00 3.750%287,258.75 1,817,258.75 2,104,517.50
08/01/2040 --258,571.25 258,571.25 -
02/01/2041 1,590,000.00 3.850%258,571.25 1,848,571.25 2,107,142.50
08/01/2041 --227,963.75 227,963.75 -
02/01/2042 1,650,000.00 3.950%227,963.75 1,877,963.75 2,105,927.50
08/01/2042 --195,376.25 195,376.25 -
02/01/2043 1,715,000.00 4.050%195,376.25 1,910,376.25 2,105,752.50
08/01/2043 --160,647.50 160,647.50 -
02/01/2044 1,785,000.00 4.150%160,647.50 1,945,647.50 2,106,295.00
08/01/2044 --123,608.75 123,608.75 -
02/01/2045 1,860,000.00 4.200%123,608.75 1,983,608.75 2,107,217.50
08/01/2045 --84,548.75 84,548.75 -
02/01/2046 1,935,000.00 4.250%84,548.75 2,019,548.75 2,104,097.50
08/01/2046 --43,430.00 43,430.00 -
02/01/2047 2,020,000.00 4.300%43,430.00 2,063,430.00 2,106,860.00
Total $39,505,000.00 -$15,315,996.06 $54,820,996.06 -
Yield Statistics
Bond Year Dollars $420,212.18
Average Life 10.637 Years
Average Coupon 3.6448244%
Net Interest Cost (NIC)3.7106328%
True Interest Cost (TIC)3.6742508%
Bond Yield for Arbitrage Purposes 3.5912500%
All Inclusive Cost (AIC)3.7268714% IRS Form 8038
Net Interest Cost 3.6448244%
Weighted Average Maturity 10.637 Years Optional Redemption
02/01/2034 @100.000%
Page 188 of 197
Northland Securities, Inc. Page 7
CIP Portion
Date Principal Coupon Interest Total P+I Fiscal Total
05/14/2026 -----
02/01/2027 --725,564.54 725,564.54 725,564.54
08/01/2027 --508,177.50 508,177.50 -
02/01/2028 1,090,000.00 2.450%508,177.50 1,598,177.50 2,106,355.00
08/01/2028 --494,825.00 494,825.00 -
02/01/2029 1,115,000.00 2.450%494,825.00 1,609,825.00 2,104,650.00
08/01/2029 --481,166.25 481,166.25 -
02/01/2030 1,145,000.00 2.500%481,166.25 1,626,166.25 2,107,332.50
08/01/2030 --466,853.75 466,853.75 -
02/01/2031 1,175,000.00 2.550%466,853.75 1,641,853.75 2,108,707.50
08/01/2031 --451,872.50 451,872.50 -
02/01/2032 1,205,000.00 2.600%451,872.50 1,656,872.50 2,108,745.00
08/01/2032 --436,207.50 436,207.50 -
02/01/2033 1,235,000.00 2.700%436,207.50 1,671,207.50 2,107,415.00
08/01/2033 --419,535.00 419,535.00 -
02/01/2034 1,270,000.00 2.850%419,535.00 1,689,535.00 2,109,070.00
08/01/2034 --401,437.50 401,437.50 -
02/01/2035 1,305,000.00 2.950%401,437.50 1,706,437.50 2,107,875.00
08/01/2035 --382,188.75 382,188.75 -
02/01/2036 1,340,000.00 3.100%382,188.75 1,722,188.75 2,104,377.50
08/01/2036 --361,418.75 361,418.75 -
02/01/2037 1,385,000.00 3.300%361,418.75 1,746,418.75 2,107,837.50
08/01/2037 --338,566.25 338,566.25 -
02/01/2038 1,430,000.00 3.450%338,566.25 1,768,566.25 2,107,132.50
08/01/2038 --313,898.75 313,898.75 -
02/01/2039 1,480,000.00 3.600%313,898.75 1,793,898.75 2,107,797.50
08/01/2039 --287,258.75 287,258.75 -
02/01/2040 1,530,000.00 3.750%287,258.75 1,817,258.75 2,104,517.50
08/01/2040 --258,571.25 258,571.25 -
02/01/2041 1,590,000.00 3.850%258,571.25 1,848,571.25 2,107,142.50
08/01/2041 --227,963.75 227,963.75 -
02/01/2042 1,650,000.00 3.950%227,963.75 1,877,963.75 2,105,927.50
08/01/2042 --195,376.25 195,376.25 -
02/01/2043 1,715,000.00 4.050%195,376.25 1,910,376.25 2,105,752.50
08/01/2043 --160,647.50 160,647.50 -
02/01/2044 1,785,000.00 4.150%160,647.50 1,945,647.50 2,106,295.00
08/01/2044 --123,608.75 123,608.75 -
02/01/2045 1,860,000.00 4.200%123,608.75 1,983,608.75 2,107,217.50
08/01/2045 --84,548.75 84,548.75 -
02/01/2046 1,935,000.00 4.250%84,548.75 2,019,548.75 2,104,097.50
08/01/2046 --43,430.00 43,430.00 -
02/01/2047 2,020,000.00 4.300%43,430.00 2,063,430.00 2,106,860.00
Total $29,260,000.00 -$13,600,669.54 $42,860,669.54 -
Page 189 of 197
Northland Securities, Inc. Page 8
Street Reconstruction Portion
Utility Portion
Date Principal Coupon Interest Total P+I Fiscal Total
05/14/2026 -----
02/01/2027 --97,638.58 97,638.58 97,638.58
08/01/2027 --68,385.00 68,385.00 -
02/01/2028 440,000.00 2.450%68,385.00 508,385.00 576,770.00
08/01/2028 --62,995.00 62,995.00 -
02/01/2029 450,000.00 2.450%62,995.00 512,995.00 575,990.00
08/01/2029 --57,482.50 57,482.50 -
02/01/2030 460,000.00 2.500%57,482.50 517,482.50 574,965.00
08/01/2030 --51,732.50 51,732.50 -
02/01/2031 475,000.00 2.550%51,732.50 526,732.50 578,465.00
08/01/2031 --45,676.25 45,676.25 -
02/01/2032 485,000.00 2.600%45,676.25 530,676.25 576,352.50
08/01/2032 --39,371.25 39,371.25 -
02/01/2033 500,000.00 2.700%39,371.25 539,371.25 578,742.50
08/01/2033 --32,621.25 32,621.25 -
02/01/2034 510,000.00 2.850%32,621.25 542,621.25 575,242.50
08/01/2034 --25,353.75 25,353.75 -
02/01/2035 525,000.00 2.950%25,353.75 550,353.75 575,707.50
08/01/2035 --17,610.00 17,610.00 -
02/01/2036 540,000.00 3.100%17,610.00 557,610.00 575,220.00
08/01/2036 --9,240.00 9,240.00 -
02/01/2037 560,000.00 3.300%9,240.00 569,240.00 578,480.00
Total $4,945,000.00 -$918,573.58 $5,863,573.58 -
Date Principal Coupon Interest Total P+I Fiscal Total
05/14/2026 -----
02/01/2027 510,000.00 2.500% 101,357.94 611,357.94 611,357.94
08/01/2027 --64,615.00 64,615.00 -
02/01/2028 480,000.00 2.450%64,615.00 544,615.00 609,230.00
08/01/2028 --58,735.00 58,735.00 -
02/01/2029 490,000.00 2.450%58,735.00 548,735.00 607,470.00
08/01/2029 --52,732.50 52,732.50 -
02/01/2030 505,000.00 2.500%52,732.50 557,732.50 610,465.00
08/01/2030 --46,420.00 46,420.00 -
02/01/2031 515,000.00 2.550%46,420.00 561,420.00 607,840.00
08/01/2031 --39,853.75 39,853.75 -
02/01/2032 530,000.00 2.600%39,853.75 569,853.75 609,707.50
08/01/2032 --32,963.75 32,963.75 -
02/01/2033 545,000.00 2.700%32,963.75 577,963.75 610,927.50
08/01/2033 --25,606.25 25,606.25 -
02/01/2034 560,000.00 2.850%25,606.25 585,606.25 611,212.50
08/01/2034 --17,626.25 17,626.25 -
02/01/2035 575,000.00 2.950%17,626.25 592,626.25 610,252.50
08/01/2035 --9,145.00 9,145.00 -
02/01/2036 590,000.00 3.100%9,145.00 599,145.00 608,290.00
Total $5,300,000.00 -$796,752.94 $6,096,752.94 -
Page 190 of 197
Northland Securities, Inc. Page 9
Attachment 2 – Estimated Levy Schedules
CIP Portion
Street Reconstruction Portion
Date Total P+I CIF 105% Levy
Less:
Franchise Fee
Revenue*Net Levy
Levy
Year
Collection
Year
02/01/2027 725,564.54 (725,564.54)---
02/01/2028 2,106,355.00 -2,211,672.75 2,211,672.75 -2026 2027
02/01/2029 2,104,650.00 -2,209,882.50 2,209,882.50 -2027 2028
02/01/2030 2,107,332.50 -2,212,699.13 2,212,699.13 -2028 2029
02/01/2031 2,108,707.50 -2,214,142.88 2,214,142.88 -2029 2030
02/01/2032 2,108,745.00 -2,214,182.25 2,214,182.25 -2030 2031
02/01/2033 2,107,415.00 -2,212,785.75 2,212,785.75 -2031 2032
02/01/2034 2,109,070.00 -2,214,523.50 2,214,523.50 -2032 2033
02/01/2035 2,107,875.00 -2,213,268.75 2,213,268.75 -2033 2034
02/01/2036 2,104,377.50 -2,209,596.38 2,209,596.38 -2034 2035
02/01/2037 2,107,837.50 -2,213,229.38 2,213,229.38 -2035 2036
02/01/2038 2,107,132.50 -2,212,489.13 2,212,489.13 -2036 2037
02/01/2039 2,107,797.50 -2,213,187.38 2,213,187.38 -2037 2038
02/01/2040 2,104,517.50 -2,209,743.38 2,209,743.38 -2038 2039
02/01/2041 2,107,142.50 -2,212,499.63 2,212,499.63 -2039 2040
02/01/2042 2,105,927.50 -2,211,223.88 2,211,223.88 -2040 2041
02/01/2043 2,105,752.50 -2,211,040.13 2,211,040.13 -2041 2042
02/01/2044 2,106,295.00 -2,211,609.75 2,211,609.75 -2042 2043
02/01/2045 2,107,217.50 -2,212,578.38 2,212,578.38 -2043 2044
02/01/2046 2,104,097.50 -2,209,302.38 2,209,302.38 -2044 2045
02/01/2047 2,106,860.00 -2,212,203.00 2,212,203.00 -2045 2046
Total $42,860,669.54 (725,564.54) $44,241,860.25 $44,241,860.25 -
*The City anticipates using revenues from franchise fees to eliminate the levy.
Date Total P+I CIF 105% Levy
Less:
Special
Assessment
Revenues*Net Levy
Levy
Year
Collection
Year
02/01/2027 97,638.58 (97,638.58)---
02/01/2028 576,770.00 -605,608.50 75,938.69 529,669.81 2026 2027
02/01/2029 575,990.00 -604,789.50 70,408.52 534,380.98 2027 2028
02/01/2030 574,965.00 -603,713.25 67,980.64 535,732.61 2028 2029
02/01/2031 578,465.00 -607,388.25 65,552.76 541,835.49 2029 2030
02/01/2032 576,352.50 -605,170.13 63,124.88 542,045.25 2030 2031
02/01/2033 578,742.50 -607,679.63 60,697.00 546,982.63 2031 2032
02/01/2034 575,242.50 -604,004.63 58,269.12 545,735.51 2032 2033
02/01/2035 575,707.50 -604,492.88 55,841.24 548,651.64 2033 2034
02/01/2036 575,220.00 -603,981.00 53,413.36 550,567.64 2034 2035
02/01/2037 578,480.00 -607,404.00 50,985.48 556,418.52 2035 2036
Total $5,863,573.58 (97,638.58)$6,054,231.75 $622,211.69 $5,432,020.06
*Special assessments are not pledged as security to the Bonds. The City anticipates reducing the levy with
special assessment collections. Special assessment revenue is based on assessments totaling $485,576, spread
in equal principal payments over 10 years, assessed at a rate of 5.00% (2% over the TIC).
Page 191 of 197
Northland Securities, Inc. Page 10
Attachment 3 – Related Considerations
Not Bank Qualified
The par amount of the Bonds is greater than $10,000,000; therefore, the Bonds will not be
designated as “bank qualified” obligations pursuant to Federal Tax Law.
Arbitrage Compliance
Project/Construction Fund. All tax-exempt bond issues are subject to federal rebate requirements
which require all arbitrage earned to be rebated to the U.S. Treasury. The rebate exemption the
City expects to qualify for is the “24-month exception.”
Debt Service Fund. The City must maintain a bona fide debt service fund for the Bonds or be
subject to yield restriction in the debt service fund. A bona fide debt service fund involves an
equal matching of revenues to debt service expense with a balance forward permitted equal to
the greater of the investment earnings in the fund during that year or 1/12 of the debt service of
that year.
The City should become familiar with the various Arbitrage Compliance requirements for this
bond issue. The Resolution for the Bonds prepared by Bond Counsel explains the requirements
in greater detail.
Continuing Disclosure
Type: Full
Dissemination Agent: Northland Securities, Inc.
The requirements for continuing disclosure are governed by SEC Rule 15c2-12. The primary
requirements of Rule 15c2-12 actually fall on underwriters. The Rule sets forth due diligence
needed prior to the underwriter’s purchase of municipal securities. Part of this requirement is
obtaining commitment from the issuer to provide continuing disclosure. The document
describing the continuing disclosure commitments (the “Undertaking”) is contained in the
Official Statement that will be prepared to offer the Bonds to investors.
The City has more than $10,000,000 of outstanding debt and is required to undertake “full”
continuing disclosure. Full disclosure requires annual posting of the audit and a separate
continuing disclosure report, as well as the reporting of certain “material events.” Material events
set forth in the Rule, including, but not limited to, bond rating changes, call notices, and issuance
of “financial obligations” (such as USDA loans, Public Finance Authority loans and lease
agreements) must be reported within ten days of occurrence. The report contains annual financial
information and operating data that “mirrors” material information presented in the Official
Statement. The specific contents of the annual report will be described in the Undertaking that
appears in the appendix of the Official Statement. Northland currently serves as dissemination
agent for the City, assisting with the annual reporting. The information for the Bonds will be
incorporated into our reporting.
Premiums
In the current market environment, it is likely that bids received from underwriters will include
premiums. A premium bid occurs when the purchaser pays the City an amount in excess of the
par amount of a maturity in exchange for a higher coupon (interest rate). The use of premiums
reflects the bidder’s view on future market conditions, tax considerations for investors and other
Page 192 of 197
Northland Securities, Inc. Page 11
factors. Ultimately, the true interest cost (“TIC”) calculation will determine the lowest bid,
regardless of premium.
A premium bid produces additional funds that can be used in several ways:
• The premium means that the City needs less bond proceeds and can reduce the size of the
issue by the amount of the premium.
• The premium can be deposited in the Construction Fund and used to pay additional
project costs, rather than used to reduce the size of the issue.
• The premium can be deposited in the Debt Service Fund and used to pay principal and
interest.
Northland will work with City staff prior to the sale day to determine use of premium (if any).
Rating
A rating will be requested from Moody’s Ratings (Moody’s). The City’s general obligation debt
is currently rated “Aaa” by Moody’s. The rating process will include a conference call with the
rating analyst. Northland will assist City staff in preparing for and conducting the rating call.
Page 193 of 197
Northland Securities, Inc. Page 12
Attachment 4 – Calendar of Events
The following checklist of items denotes each milestone activity as well as the members of the
finance team who will have the responsibility to complete it. Please note this proposed timetable
assumes regularly scheduled City Council meetings (1st & 3rd Mondays at 6 p.m., moved to Tuesday if
Monday is a holiday). Council Workshops are held the 4th Monday at 6 p.m.
Date Action Responsible Party
February 11, 2026 General Information Certificate sent to City for updates
Northland
February 12, 2026 City provides project costs to be included in Finance
Plan no later than noon
City Staff
February 23, 2026 Finance Plan and Set Sale Resolution sent to City for
meeting packet for March 2, 2026 Council Meeting
Northland, Bond
Counsel
February 25, 2026 General Information Certificate returned to Northland City Staff
March 2, 2026 Presentation of Finance Plan at Work Session – 6:15
p.m.
City Council Review,
Northland
March 11, 2026 Preliminary Official Statement sent to City for sign off,
sent to Rating Agency to initiate rating processes, and
sent to Dorsey & Whitney for review
Northland
Week of March 16,
2026
Meeting to prepare for rating call City Staff, Northland
March 16, 2026 City adopts Set Sale Resolution (on consent) – 6:00 p.m.
City Council Action,
Northland, Dorsey &
Whitney
January 2026 February 2026
Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
1 2 3 1 2 3 4 5 6 7
4 5 6 7 8 9 10 8 9 10 11 12 13 14
11 12 13 14 15 16 17 15 16 17 18 19 20 21
18 19 20 21 22 23 24 22 23 24 25 26 27 28
25 26 27 28 29 30 31
March 2026 April 2026
Sun Mon Tue Wed Thu Fri Sat Sun Mon Tue Wed Thu Fri Sat
1 2 3 4 5 6 7 1 2 3 4
8 9 10 11 12 13 14 5 6 7 8 9 10 11
15 16 17 18 19 20 21 12 13 14 15 16 17 18
22 23 24 25 26 27 28 19 20 21 22 23 24 25
29 30 31 26 27 28 29 30
Holiday
Page 194 of 197
Northland Securities, Inc. Page 13
Date Action Responsible Party
Week of March 23 or
March 30, 2026
Rating call with Moody’s City Staff, Northland,
Rating Agency
March 25, 2026 City comments and sign off on Preliminary Official
Statement due to Northland
City confirms final project costs to be financed and use
of premium
City Staff
April 8, 2026 Rating Received no later than this date City Staff, Northland,
Rating Agency
April 9, 2026 Distribution of Preliminary Official Statement Northland
April 13, 2026 Authorizing Resolution sent to City Dorsey & Whitney,
Northland
April 20, 2026 Bond Sale – 10:00 a.m.
Bond Purchase Agreement Signed - 6:00 p.m.
Authorizing Resolution Adopted
City Council Action,
Northland, Dorsey &
Whitney
April 27, 2026 Closing Documents Distributed Dorsey & Whitney
May 14, 2026 Closing on the Bonds (Proceeds Available) Northland, City Staff,
Dorsey & Whitney
Page 195 of 197
Northland Securities, Inc. Page 14
Attachment 5 - Risk Factors
Property Taxes: Property tax levies shown in this Finance Plan are based on projected debt service
and other revenues. Final levies will be set based on the results of sale. Levies should be reviewed
annually and adjusted as needed. The debt service levy must be included in the preliminary levy
for annual Truth in Taxation hearings. Future Legislative changes in the property tax system,
including the imposition of levy limits and changes in calculation of property values, would affect
plans for payment of debt service. Delinquent payment of property taxes would reduce revenues
available to pay debt service.
Water and Sewer Revenues: The City pledges the net revenues of the water and sewer utilities to
the payment of principal and interest on the Utility Portion of the Bonds. The failure to adjust
rates and charges as needed and the loss of significant customers will affect available net
revenues. If the net revenues are insufficient, the City is required to levy property taxes or use
other revenues to cover the deficiency. Property taxes can only be used on a temporary basis and
may not be an ongoing source of revenue to pay debt service.
General: In addition to the risks described above, there are certain general risks associated with
the issuance of bonds. These risks include, but are not limited to:
• Failure to comply with covenants in bond resolution.
• Failure to comply with Undertaking for continuing disclosure.
• Failure to comply with IRS regulations, including regulations related to use of the proceeds
and arbitrage/rebate. The IRS regulations govern the ability of the City to issue its bonds as
tax-exempt securities and failure to comply with the IRS regulations may lead to loss of tax-
exemption.
Page 196 of 197
CITY OF LAKEVILLE Council Meeting 3.2.2026
PARK REFERENDUM DEBT LEVIES
* Italicized amounts represent adjusted amounts based on available funds
2022B 2022C 2023A 2024A TOTALS
Par Amount 4,845,000$ 13,735,000$ 4,345,000$ 15,075,000$ 38,000,000$
Tax Collect Yr
2023 340,927$ 600,000$ -$ -$ 940,927$
2024 337,344 1,104,042 339,990 -1,781,376
2025 338,601 963,037 343,403 1,188,856 2,833,897
2026 339,651 1,038,453 341,040 1,135,181 2,854,325
2027 340,489 1,037,411 343,665 1,095,706 2,817,271
2028 340,998 1,035,131 340,515 1,100,168 2,816,812
2029 341,282 1,036,799 342,353 1,097,806 2,818,240
2030 336,084 1,036,686 338,415 1,099,381 2,810,566
2031 341,271 1,035,089 339,465 1,099,381 2,815,206
2032 340,725 1,032,008 339,990 1,097,806 2,810,529
2033 339,806 1,034,516 339,990 1,099,906 2,814,218
2034 338,378 1,036,465 341,670 1,100,168 2,816,681
2035 336,554 1,103,465 342,232 1,098,593 2,880,844
2036 339,573 1,102,205 339,339 1,097,963 2,879,079
2037 336,769 1,102,874 341,145 1,096,073 2,876,861
2038 338,783 1,102,402 342,326 1,098,173 2,881,683
2039 340,331 1,104,895 337,612 1,098,803 2,881,642
2040 336,005 1,106,011 337,677 1,097,963 2,877,656
2041 336,457 1,104,515 342,310 1,096,874 2,880,155
2042 336,404 1,101,594 340,782 1,098,344 2,877,125
2043 --338,683 1,098,134 1,436,817
2044 ---1,158,707 1,158,707
TOTALS 6,776,432$ 20,817,597$ 6,812,602$ 22,153,986$ 56,560,617$
Page 197 of 197