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HomeMy WebLinkAbout01/22/15 EDA Meeting Meeting Location: Municipal Center 7100 147th Street West City of Apple Valley, Minnesota 55124 NOTICE: The Apple Valley Economic Development Authority will hold a special meeting at the Municipal Center, on Thursday, January 22, 2015, at 6:00 p.m. to consider the items listed in the following agenda: JANUARY 22, 2015 ECONOMIC DEVELOPMENT AUTHORITY SPECIAL MEETING TENTATIVE AGENDA 6:00 p.m. 1. Call to Order. 2. Approval of Agenda. 3. Approval of Minutes of October 9, 2014. 4. Approval of Consent Agenda Items*: *A. Authorize JPA with Dakota County Community Development Agency for “Open to Business”. *B. Adopt Resolution Authorizing Submittal of Application for Dakota County Community Development Agency Redevelopment Incentive Grant in Central Village. *C. Authorize Quit Claim Deed Satisfying Previously Issued Lease Revenue Bonds Between the EDA and Independent School District 196. 5. Regular Agenda Items: A. Resolution Approving 2015 Board Officers B. Approve 2015 Meeting Calendar. C. 2015 Budget for the Economic Development Operations Fund. 6. Other 7. Staff Updates. 8. Adjourn. * Items marked with an asterisk (*) are considered routine and will be enacted with a single motion, without discussion, unless a commissioner or citizen requests the item separately considered in its normal sequence on the agenda (Agendas are also available on the City’s Internet Web Site http://www.cityofapplevalley.org) ECONOMIC DEVELOPMENT AUTHORITY City of Apple Valley Dakota County, Minnesota October 9, 2014 Minutes of the special meeting of the Economic Development Authority of Apple Valley, Dakota County, Minnesota, held October 9, 2014, at 7:00 p.m., at Apple Valley Municipal Center. PRESENT: Commissioners Goodwin, Bergman, Grendahl, Hamann-Roland, Hooppaw, and Maguire. ABSENT: Commissioner Melander. City staff members present were: Executive Director Tom Lawell, City Attorney Sharon Hills, Finance Director Ron Hedberg, Public Works Director Blomstrom, City Planner Tom Lovelace, Planner Kathy Bodmer, and Department Assistant Murphy. Meeting was called to order at 7:54 p.m. by President Goodwin. APPROVAL OF AGENDA MOTION: of Hamann-Roland, seconded by Hooppaw, approving the agenda. Ayes - 6 - Nays - 0. APPROVAL OF MINUTES MOTION: of Hamann-Roland, seconded by Bergman, approving the minutes of the special meeting of September 25, 2014, as written. Ayes - 6 - Nays – 0. CONSENT AGENDA NONE PARKSIDE VILLAGE Planner Kathy Bodmer stated IMH Special Asset NT 175 — AVN, LLC, established a new entity, IMH Gabella, LLC, to manage the financing and construction of the 196-unit Parkside Village Gabella development at 6904 Gabella Street, north of Kelley Park. At their meetings of September 25, 2014, the City Council and EDA each consented to the transfer of ownership of the Gabella property and consented to the partial assignment of development agreements to the new LLC. The Parkside Village development is subject to an approved Business Subsidy Agreement which requires the Apple Valley Economic Development Authority (EDA) and City Council review and consent to any transfer of ownership, after the EDA conducts a public hearing. The resolution would accomplish the following: 1. Consents to the transfer of ownership of the "Galante" property to IMH Gabella, LLC. The Galante properties include Lot 1, Block 7; Lot 1, Block 8; and the vacated portion of Fortino Street between Galaxie Ave and Galante Lane, where the 126-unit multiple family development will be constructed. Economic Development Authority City of Apple Valley Dakota County, Minnesota October 9, 2014 Page 2 2. Assigns development agreements to the new LLC, requiring IMH Gabella, LLC to perform g all of obligations of the agreements previously executed by the City, EDA and owners as they relate to the Galante property, including: a. Amended and Restated Development Assistance Agreement, as amended by First Amendment to Amended and Restated Development Assistance Agreement b. Planned Development Agreement c. Development Agreement She reviewed previous City Council and Planning Commission Actions. President Goodwin opened the public hearing at 7:59 p.m. Peter Coy le, Larkin Hoffman, on behalf of IMH and the entity now known as IMH Gabella, LLC, thanked the Commission, City Council, Attorneys Office, and City Staff for all the support they received on this project. President Goodwin closed the public hearing at 8:02 p.m. MOTION: of Hooppaw, seconded by Hamann - Roland, adopting Resolution No. EDA -2014- 10, consenting to conveyance of Galante Property, consenting to partial assignment of Development Agreements and authorizing execution of consent. Ayes - 6 - Nays — 0. 6. Other. NONE 7. Staff Updates. ADJOURNMENT MOTION: of Grendahl, seconded by Hooppaw, to adjourn. Ayes - 6 - Nays - 0. The meeting was adjourned at 8:03 p.m. Respectfully Submitted, n Murphy, Dep rtme Assistant Approved by the Apple Valley Economic Development Authority on PROJECT NAME: Open To Business Program PROJECT DESCRIPTION: • Joint Powers Agreement with Dakota County CDA STAFF CONTACT: Margaret Dykes, Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: City of Apple Valley PROJECT NUMBER: PC 13 -09 -M 0000 mom m0 00®0 city of. Apple. Valley ITEM: EDA MEETING DATE: SECTION: Attachment(s) 1. 2015 Joint Powers Agreement 2. Contract for Services with MCCD January 22, 2015 Consent Action Requested • Approve the Joint Powers Agreement with Dakota County CDA and various participating communities to participate in the "Open to Business" program. Project Summary/Issues Attached for your consideration is a Joint Powers Agreement with the Dakota County Community Development Agency (CDA) for the "Open to Business" program in Dakota County. The program is offered through the Metropolitan Consortium of Community Developers (MCCD), and helps small businesses and entrepreneurs that need individual advice and counseling, and access to capital that is not available from the commercial banking system. Small businesses and entrepreneurs generate a significant number of jobs and income, but are often unable to obtain traditional funding because they are considered too risky by many lending institutions. The technical assistance and financing network offered by MCCD can make a difference in creating a successful business. The "Open to Business" program supports on -site business services specialist Laurie Crow who is available for one -on -one consultations at regular office hours one day every month, as well as. Ms. Crow provides expertise in start-up financing and business plan development, as well as meeting with businesses at other locations at their convenience. In addition to Apple Valley, the participating communities include Burnsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights, Rosemount, South St Paul, West St. Paul, and small cities and townships in the County. Budget Impact The CDA will continue to administer the program and fund half of MCCD's $135,000 fee; participating cities fund the other half of the fee. Apple Valley's cost to participate in this program continues to be $7,500, which represents 50% of the total cost for the City's participation of $15,000. The funds have been allocated in the EDA's 2015 budget. JOINT POWERS AGREEMENT Open to Business Program THIS JOINT POWERS AGREEMENT (this "Agreement "), is made as of January 1, 2015, by and between the DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY (the "CDA "), a public body corporate and politic organized and existing under the laws of the State of Minnesota (the "State "), and each of the CITY OF BURNSVILLE, CITY OF LAKEVILLE, CITY OF MENDOTA HEIGHTS, INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY, EAGAN ECONOMIC DEVELOPMENT AUTHORITY, HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY, ROSEMOUNT PORT AUTHORITY, FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY, SOUTH ST. PAUL HOUSING AND REDEVELOPMENT AUTHORITY AND WEST ST. PAUL ECONOMIC DEVELOPMENT AUTHORITY, MINNESOTA (each individually a "Local Government Entity" and together the "Local Government Entities "), each a political subdivision of the State. RECITALS: A. In order to pursue common goals of fostering economic development, the CDA and the Local Government Entity Cities desire to engage the Metropolitan Consortium of Community Developers, a Minnesota non -profit corporation ( "MCCD ") to undertake the "Open To Business Program" (the "Program ") within Dakota County (the "County"). B. Pursuant to the Program, MCCD will provide technical assistance and access to capital to small business and potential entrepreneurs in the County. C. The CDA and the Local Government Entities propose to jointly exercise their common economic development powers to undertake the Program NOW, THEREFORE, in consideration of the mutual covenants and obligations of the CDA and each of the Local Government Entities, each party does hereby represent, covenant and agree with the others as follows: Section 1. Representations Each of the Local Government Entities and the CDA makes the following representations as to itself as the basis for the undertaking on its part herein contained: (a) It is a political subdivision of the State of Minnesota with the power to enter into this Agreement and carry out its obligations hereunder. Joint Powers Agreement Section 2. Powers to be Exercised. The powers to be jointly exercised pursuant to this Agreement are the powers of the CDA and the Local Government Entities under Minnesota Statutes, Chapter 469, to undertake activities to promote economic development within their respective jurisdictions. Section 3. Method for Exercising Common Powers; Funds. The CDA, on its own behalf and on behalf of the Local Government Entities, will initially enter into an agreement with MCCD in substantially the form attached hereto as Exhibit A (the "Agreement ") to engage MCCD to operate the Program within Dakota County. The CDA and each of the Local Government Entities will make payments to MCCD as described in Exhibit A of the Agreement. The CDA may from time to time execute and deliver documents amending, modifying or extending the Agreement as it deems necessary or convenient, provided, that no such document will adversely affect services provided to, or amounts payable by, any Local Government Entity without the prior written consent of such Local Government Entity. Section 4. Limited Liability. Neither the CDA nor the any of the Local Government Entities shall be liable for the acts or omissions of the other in connection with the activities to be undertaken pursuant to this Agreement. To the extent permitted by law, (a) the CDA hereby indemnifies the Local Government Entities for costs associated with claims made against the Local Government Entities directly relating to actions taken by the CDA, and (b) each Local Government Entity hereby indemnifies the CDA for costs associated with claims made against the CDA directly relating to actions taken by such Local Government Entity. Nothing herein shall be deemed a waiver by the indemnifying party of the limits on liability set forth in Minnesota Statutes, Chapter 466; and the indemnifying party shall not be required to pay, on behalf of the indemnified party, any amounts in excess of the limits on liability set forth in Minnesota Statutes, Section 466.04, less any amounts the indemnifying party is required to pay on behalf of itself, its officers, agents and employees for claims arising out of the same occurrence. Section 5. Conflict of Interests; Representatives Not Individually Liable. The CDA and each of the Local Government Entities, to the best of its knowledge, represents and agrees that no member, official or employee of their respective bodies shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official or employee of the CDA or any Local Government Entity shall be personally liable with respect to any default or breach by any of them or for any amount which may become due to the other party or successor or on any obligations under the terms of this Agreement. 9298589v1 (b) Neither the execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provisions of any restriction or any evidences of indebtedness, agreement or instrument of whatever nature to which it is now a party or by which it is bound, or constitutes an event of default under any of the foregoing. 2 Joint Powers Agreement Section 6. Term; Distribution of Property. The term of this Agreement shall expire on December 31, 2015. There is no property which will be acquired by the CDA or any Local Government Entity pursuant to the Program which would need to be distributed at the end of the term hereof. Section 7. Notices and Demands. A notice, demand or other communication under this Agreement by any party to another shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested or delivered personally to the person and at the addresses identified on each signature page hereto, or at such other address with respect to either such party as that party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 8. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. 9298589v1 [Remainder of page intentionally left blank] 3 Joint Powers Agreement IN WITNESS WHEREOF, the CDA and the Local Government Entities have caused this Agreement to be duly executed in their respective names and behalf as of the date first above written, with actual execution on the dates set forth below. Dated: By Its Executive Director Notice Address: DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY Dakota County Community Development Agency 1228 Town Centre Drive Eagan, MN 55123 Attn: Andrea Brennan, Director of Community and Economic Development S -1 Joint Powers Agreement Dated: Notice Address: 3830 Pilot Knob Road Eagan, MN 55122 Attn: EAGAN ECONOMIC DEVELOPMENT AUTHORITY By Its By Its S -2 Joint Powers Agreement Dated: By Its City Manager Notice Address: 100 Civic Center Parkway Burnsville, MN 55337 Attn: City Manager CITY OF BURNSVILLE, MINNESOTA By Its S -3 Joint Powers Agreement Dated: Notice Address: 20195 Holyoke Avenue Lakeville, MN 55044 Attn: Community and Economic Development Director CITY OF LAKEVILLE, MINNESOTA By Its Mayor By Its City Clerk S -4 Joint Powers Agreement Dated: Notice Address: 1101 Victoria Curve Mendota Heights, MN 55118 Attn: CITY OF MENDOTA HEIGHTS By Its By Its S -5 Joint Powers Agreement Dated: Notice Address: 7100 147th Street W. Apple Valley, MN 55124 Attn: APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY By Its By Its S -6 Joint Powers Agreement Dated: Notice Address: 8150 Barbara Avenue Inver Grove Heights, MN 55077 Attn: INVER GROVE HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its By Its S -7 Joint Powers Agreement Dated: Notice Address: 101 East 4 Street Hastings, Minnesota 55033 Attn: Executive Director HASTINGS ECONOMIC DEVELOPMENT AND REDEVELOPMENT AUTHORITY By Its: By John Hinzman Its Executive Director S -8 Joint Powers Agreement Dated- Notice Address: 2875 145th Street Rosemount, MN 55068 Attn: ROSEMOUNT PORT AUTHORITY By Its By Its S -9 Joint Powers Agreement Dated: Notice Address: 430 Third Street Farmington, MN 55024 Attn: FARMINGTON ECONOMIC DEVELOPMENT AUTHORITY By Its By Its 5 -10 Joint Powers Agreement Dated: Notice Address: 125 Third Ave. No. South St. Paul, MN 55075 Attn: Executive Director SOUTH ST. PAUL HOUSING AND REDEVELOPMENT AUTHORITY By Its By Its S -11 Joint Powers Agreement Dated: Notice Address: 1616 Humboldt Avenue West St. Paul, MN 55118 Attn: Executive Director WEST ST. PAUL ECONOMIC DEVELOPMENTAUTHORITY By Its By Its S - 12 Joint Powers Agreement 9298589v1 Exhibit A Contract for Services for the Open To Business Program A -1 Joint Powers Agreement Contract for Services for the Open to Business Program THIS AGREEMENT is dated January , 2015 and is between the Dakota County Community Development Agency ( "CDA ") and Metropolitan Consortium of Community Developers, a Minnesota nonprofit corporation ( "MCCD "). WHEREAS, the CDA, on behalf of itself and the eleven political subdivisions of the State of Minnesota listed on Exhibit A hereto (the "Local Government Entities "), which each have powers with respect to a city with a population over 10,000 (collectively the "Municipalities "), wishes to engage MCCD to render services under a model known as "Open to Business," an initiative providing small business technical assistance services to existing businesses and residents and other parties interested in opening a business within Dakota County (the "County") (the "Initiative "); and WHEREAS, MCCD has successfully provided the services required to administer and carry out the Initiative in Dakota County in 2013 and 2014; and WHEREAS, pursuant to CDA Resolution No. 14 -5467, adopted on December 16, 2014 (the "Resolution "), the CDA is authorized to enter into this agreement with MCCD for the Initiative; and WHEREAS, pursuant to the Resolution and certain joint powers agreements to be entered into between the CDA and the Local Government Entities (the "Joint Powers Agreements "), the CDA will act as fiscal agent for the Local Government Entities in connection with this Agreement; and WHEREAS, the CDA will pay from its own funds 50% of the fee charged by MCCD for the Initiative in the Municipalities and 100% of the fee charged by MCCD for the Initiative in the small cities and townships within the County with populations of less than 10,000 people ( "Small Cities and Townships "), as further described herein and in Exhibit A; and WHEREAS, pursuant to the Joint Powers Agreements, the Local Government Entities will be required to pay a Participation Fee to the CDA in accordance with the schedule in Exhibit A, representing the remaining 50% of the fee charged by MCCD for the Initiative in the Municipalities. Now therefore, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TIME OF PERFORMANCE 9293870v3 9293870v3 The term of this Agreement and the period during which MCCD will provide services hereunder will commence on January 1, 2015 and will end on December 31, 2015, subject to earlier termination as provided herein. MCCD will perform services necessary to carry out the Initiative as promptly as possible, and with the fullest due diligence. COMPENSATION Subject to reduction as provided below, the CDA will compensate MCCD for its services hereunder an amount equal to One Hundred Thirty -Five Thousand Dollars ($135,000) ( "Contract Amount "). The CDA will pay such amount in two equal installments, the first no earlier than January 30, 2015 and the second no earlier than June 30, 2015, upon receipt of invoices from MCCD. Subject to the limits above, payments will be due within 15 days of receipt of the respective invoices. The portion of the Contract Amount payable from Participation Fees will be payable by the CDA only from and to the extent such Participation Fees are paid by the respective Local Government Entities In the event a Local Government Entity does not pay to the CDA its Participation Fee in amounts and by the deadline described in Exhibit A, the CDA will notify MCCD, and MCCD will immediately cease the Initiative in that Municipality. Upon such termination, the Contract Amount will be reduced by an amount equal to the Participation Fee which such Local Government Entity did not pay and the amount the CDA would have paid as a matching payment. SCOPE OF SERVICES MCCD will provide technical assistance to existing businesses, residents and those parties interested in starting a business in any of the Municipalities and Small Cities and Townships as further described on Exhibit B and Exhibit C attached hereto, which sets forth the Dakota Open to Business Program Scope of Services. REPORTING MCCD will submit quarterly reports to the CDA in form and substance acceptable to the CDA. Reports will provide information in the aggregate for the County and will include a subreport for each Municipality and each of the Small Cities and Townships. Reports will include the following information: ➢ Number of inquiries ➢ Hours of technical assistance provided ➢ Type of assistance provided ➢ Type of business ➢ Annual sales revenue ➢ Number of businesses opened PERSONNEL MCCD represents that it has, or will employ or contract for, at its own expense, all personnel required to perform the services necessary to carry out the Initiative. Such personnel will not be employees of, or have any contractual relationship with, the County, the CDA or any of the Local Government Entities. No tenure or any other rights or benefits, including worker's compensation, unemployment insurance, medical care, sick leave, vacation pay, severance pay, or any other benefits available to the County's, the CDA's or any of the Local Government Entities' employees shall accrue to MCCD or employees of MCCD performing services under this agreement. The MCCD is an independent contractor. All of the services required to carry out the Initiative will be performed by MCCD and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such work. USE OF CDA OFFICE SPACE The CDA will make available a cubicle space for MCCD personnel at the CDA office building for use by MCCD in carrying out the Initiative. MCCD personnel will have access to the CDA's meeting rooms, wireless internet service, copy machines and printers. MCCD personnel shall comply with all CDA office rules and policies regarding the use of CDA office space, equipment and internet access. If the CDA, in its sole discretion, determines that MCCD Personnel have failed to comply with CDA office rules and policies, MCCD Personnel will be required to vacate the CDA office and the CDA will cease to provide MCCD office space to carry out the Initiative. 9293870v3 > Number of business expanded/stabilized > Number and amounts of financing packages > Demographic information on entrepreneurs > Business address or resident address > Number and wage of FTEs created • Number and wage of FTEs retained The required reporting schedule is as follows: 1 quarter January — March, report due April 30 2nd quarter April — June, report due July 31 3` quarter July — September, report due October 31 4 quarter October — December, report due January 31 of 2015 In addition to the foregoing, MCCD will provide additional reports as reasonably requested by the CDA. INTEREST OF MEMBERS OF THE CDA AND OTHERS No officer, member, or employee of the CDA and no member of its governing body, and no other public official or governing body of any locality in which the Initiative is situated or being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Initiative, will participate in the decision relating to this Agreement which affects his/her personal interest or the interest of any corporation, partnership, or association in which he /she is, directly or indirectly, interested or has any personal or pecuniary interest, direct or indirect, in this Agreement. ASSIGNABILTY MCCD will not assign any interest in this Agreement, and will not transfer any interest in the same without the prior written approval of the CDA. COMPLIANCE WITH LOCAL LAWS MCCD agrees to comply with all federal laws, statutes and applicable regulations of the State of Minnesota and the ordinances of the Local Government Entities. INSURANCE MCCD agrees at all times during the term of this Agreement, and beyond such term when so required, to have and keep in force the following insurance coverages: INDEMNIFICATION 9293870v3 1. Commercial General Liability on an occurrence basis with contractual liability coverage: General Aggregate $2,000,000 Products — Completed Operations Aggregate 2,000,000 Personal and Advertising Injury 1,500,000 Each Occurrence — Combined Bodily Injury and Property Damage 1,500,000 Workers' Compensation and Employer's Liability: Workers' Compensation In the event that MCCD should hire employees or subcontract this work, MCCD shall obtain the required insurance. Limits Statutory Employer's Liability. Bodily injury by: Accident —Each Accident 500,000 Disease — Policy Limit 500,000 Disease —Each Employee 500,000 9293870v3 MCCD agrees to defend, indemnify, and hold harmless the County, the CDA, the Local Government Entities, and each of their respective officials, officers, agents, volunteers and employees from any liability, claims, causes of action, judgments, damages, losses, costs, or expenses, including reasonable attorney's fees, resulting directly or indirectly from any act or omission of MCCD, its subcontractors, anyone directly or indirectly employed by MCCD or any of its subcontractors, and/or anyone for whose acts and/or omissions MCCD may be liable in the performance of the services required by this Agreement, and against all loss by reason of the failure of MCCD to perform any obligation under this Agreement. NOTICES A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by mail, postage prepaid, return receipt requested, or delivered personally; and (a) In the case of MCCD, is addressed or delivered personally to: (1) Metropolitan Consortium of Community Developers 3137 Chicago Avenue South Minneapolis, MN 55407 In the case of the CDA is addressed or delivered personally to: Andrea Brennan, Director of Community and Economic Development Dakota County Community Development Agency 1228 Town Centre Dr. Eagan, MN 55123 or at such other address with respect to any party as that party may designate in writing and forward to the other as provide in the Section. MODIFICATION This Agreement may not be modified, changed, or amended in any manner whatsoever without the prior written approval of all the parties hereto. NON - DISCRIMINATION In connection with its activities under this Agreement, MCCD will not violate any Federal or State laws against discrimination. DEFAULT AND CANCELLATION Failure of the MCCD to perform any of its obligations under this Agreement to the satisfaction of the CDA will constitute a default hereunder. Unless MCCD's default is cured within 15 days following notice by the CDA, the CDA may (i) cancel this Agreement in its entirety by 5 additional days' written notice to MCCD, or (ii) withhold payment from MCCD as long as such default continues. MINNESOTA LAWS GOVERN The Laws of the State of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance The appropriate venue and jurisdiction for any litigation will be those courts located within the County. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court within the State of Minnesota. If any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions will not be affected. 9293870v3 9293870v3 DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY By: Executive Director Date MCCD By: Printed Name: Printed Title: Date: Municipality Local Government Entity Total Fee CDA Share of Fee Local Government Entity Participation Fee Due 1/30/14 Eagan Eagan Economic Development Authority $15,000 $7,500 $7,500 Burnsville City of Burnsville $15,000 $7,500 $7,500 Lakeville City of Lakeville $15,000 $7,500 $7,500 Apple Valley Apple Valley Economic Development Authority $15,000 $7,500 $7,500 Inver Grove Heights Inver Grove Heights Economic Development Authority $12,500 $6,250 $6,250 Hastings Hastings Economic Development and Redevelopment Authority $10,000 $5,000 $5,000 Rosemount Rosemount Port Authority $10,000 $5,000 $5,000 Farmington Farmington Economic Development Authority $10,000 $5,000 $5,000 South St. Paul South St. Paul Housing and Redevelopment Authority $10,000 $5,000 $5,000 West St. Paul West St. Paul Economic Development Authority $10,000 $5,000 $5,000 Mendota Heights City of Mendota Heights $5,000 $2,500 $2,500 Small Cities and Townships n/a $7,500 $7,500 $0 Total $135,000 $71,250 $63,750 Exhibit A Local Government Entity Participation Fee Schedule 9293870v3 Exhibit B Dakota Open to Business Program Scope of Services Open to Business ( "OTB ") Technical Assistance Services MCCD will provide intensive one -on -one technical assistance to Municipalities' and Small Cities' and Townships' businesses, residents and aspiring entrepreneurs intending to establish, purchase, or improve a business in Municipalities and Small Cities and Townships within Dakota County (the "County "). MCCD will dedicate one full time staff person based in the County to provide the Technical Assistance Services ( "Dakota OTB Staff'). In addition, MCCD will make available the expertise of all MCCD technical and support staff in the delivery of services to Dakota Open to Business Program Technical assistance includes, but is not limited to, the following: D Business plan development ➢ Feasibility analysis D Marketing D Cash flow and other financial projection development D Operational analysis D City and State licensing and regulatory assistance D Loan packaging, and other assistance in obtaining financing ➢ Help in obtaining competent legal advice MCCD Dakota OTB Staff will be available to meet clients at the CDA office building, various Municipality city halls or at the client's place of business. MCCD Dakota OTB Staff will provide technical assistance on a walk -in basis monthly in each Municipality, if requested. MCCD will also hold two -hour "Test Drive Your Business Idea" sessions once a month in various Municipality locations Open to Business Access to Capital Access to capital will be provided to qualifying businesses through MCCD's Emerging Small Business Loan Program (see Exhibit C Small Business Loan Program Guidelines below). MCCD also provides it's financing in partnership with other community lenders, banks or Local Government Entities interested in making capital available to residents and/or businesses in their community. 9293870v3 Loan Amounts: • Up to $25,000 for start -up businesses • Larger financing packages for established businesses • Designed to leverage other financing programs as well as private financing provided by the commercial banking community. Eligible Proiects: • Borrowers must be a "for - profit' business. • Business must be complimentary to existing business community. • Borrowers must have equity injection as determined by fund management. Allowable Use of Proceeds: • Loan proceeds can be used for working capital, inventory, building and equipment and general business operations. Interest Rates: • Loan interest rate is dependent on use, term and other factors, not to exceed 10 %. Loan Term Length: • Loan repayment terms will generally range from three to five years, but may be substantially longer for major asset financing such as commercial property. Fees and Charges: • Borrowers are responsible for paying all customary legal and other loan closing costs. 9293870v3 EXHIBIT C Small Business Loan Program Guidelines PROJECT NAME: Dakota County CDA Redevelopment Incentive Grant Application — Central Village PROJECT DESCRIPTION: • Submittal of Redevelopment Incentive Grant Application to Dakota County CDA STAFF CONTACT: Margaret Dykes, Planner DEPARTMENT /DIVISION: Community Development Department APPLICANT: City of Apple Valley PROJECT NUMBER: PC15 -02 -M City of Apple Valley ITEM: EDA MEETING DATE: SECTION: B January 22, 2015 Consent Action Requested • Adopt the draft resolution authorizing submittal of an application to the Dakota County Community Development Agency (CDA) for a Redevelopment Incentive Grant. Project Summary/Issues Attached for your consideration is a draft resolution and application to the Dakota County Community Development Agency (CDA) for the Redevelopment Incentive Grant (RIG) program. The RIG program was started in 2006 to encourage redevelopment and redevelopment planning. In 2015, there is $1,000,000 available County wide for no more than one application from each city. Funding is determined on a competitive basis, and requests were required to be submitted by January 15, 2015. Due to the City Council and Economic Development Authority meeting schedules, staff prepared an application and submitted it to the CDA. The CDA is anticipated to make a decision regarding the funding by the middle of March. A request of $99,585 was submitted to partially support a neighborhood public parking lot in the Central Village area, which was designed to develop over a 10- to 15 -year period to become a fully built out urban-style neighborhood for living, shopping, dining and walking and biking. The Central Village Plan, which was adopted by the City in 2002, always envisioned a public parking solution as the area intensified as a destination. The site discussed for the shared parking lot is a 1.64 -acre lot north of the Grandstay Hotel. The City Engineer has begun preliminary designs and an estimated budget of $298,755 is needed for a 135 -space parking lot. Surrounding businesses, such as the Grandstay Hotel, Culver's, and Apple Valley Ford, are all becoming more intensified in their uses, and the shared parking lot will help them solve peak parking demand that each experiences. The shared parking lot will also help support Kelley Park especially when there are large special events. Should the EDA choose not to authorize the submittal of the application, staff will request the withdrawal of the application. Staff would then seek alternative funding sources for the proposed parking area. Budget Impact The RIG application can be for up to 1/3 of the funding necessary, or $99,585. Staff has identified funds from the Economic Development Authority budget for the remaining amount of $199,170. A breakdown of the funds to be expended is shown in the following table. Project Activities/Expenses Costs Funding Source Mobilization and Site Preparation $6,980.00 EDA Excavation $80,847.00 EDA 135 -space parking lot construction $105,613.00 RIG/EDA Landscaping $66,316.00 EDA Administration/overhead $39,000.00 EDA Total: $298,755.00 i Attachment(s) 1. Resolution 2. RIG Application APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. EDA —15 - RESOLUTION APPROVING AN APPLICATION FOR FUNDING FOR DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY REDEVELOPMENT INCENTIVE GRANT WHEREAS, the Apple Valley Economic Development Authority ( "EDA ") has identified a proposed project within the City that meets the Dakota County Community Development Agency ( "CDA ") Redevelopment Incentive Grant program's purposes and criteria; and WHEREAS, the City of Apple Valley has established a Redevelopment Plan of which the proposed project is a component, and the Apple Valley EDA supports said Plan; and WHEREAS, the Apple Valley EDA has the capability and capacity to ensure the proposed project be completed and administered within the Redevelopment Incentive Grant program guidelines; and WHEREAS, the Apple Valley EDA has the legal authority to apply for financial assistance; and WHEREAS, the Apple Valley EDA is supportive of affordable housing and of the CDA's mission, to improve the lives of Dakota County residents through affordable housing and community development. NOW THEREFORE BE IT RESOLVED that the Apple Valley EDA approves the application for funding from the Dakota County CDA Redevelopment Incentive Grant program BE IT FURTHER RESOLVED that upon approval of its application by the Dakota County CDA, the President and Secretary of the EDA are hereby authorized to execute such agreements as are necessary to receive and use the funding for the proposed project. ATTEST: ADOPTED this 22 day of January, 2015. Pamela J. Gackstetter, Secretary Tom Goodwin, President DRAFT REDEVELOPMENT GRANT APPLICATION Introduction. This application requests information about the redevelopment plan, project, and activities. The Redevelopment Plan question portion of the application refers to the entire redevelopment area. The project and activity question portion of the application refers to the specific work to be completed in the redevelopment plan area. General Information Project Name: Apple Valley Central Village West Shared Parking Lot Applicant City: City of Apple Valley Applicant Address: 7100 147 Street W. Apple Valley, MN 55124 Application/Project Contact: Bruce Nordquist, Community Development Director Contact Email Address: bnordquist@,ci.apple- valley mn us Phone Number: (952) 953 -2576 Authorized Official(s) for Execution of Contracts (name and title): Mary Hamann - Roland, Mayor; Thomas Lawell, City Administrator; Pamela Gackstetter, City Clerk How much funding are you requesting? $99,585.00 I. RED:EVELOP 1. Describe Redevelopment Plan including the city's goals and need for the Redevelopment Area and anticipated businesses, housing units, and other proposed components. The subject site is located in the Central Village West area, generally west of Galaxie Avenue and 153rd St. W., and part of the larger Central Village development area. The Central Village is an approved walkable, planned neighborhood in the City's existing Downtown that allows for higher density housing, and more intense commercial uses that share parking. The Central Village plan, adopted by the City in 2002, designed the area to develop over a 10- to 15 -year period to become a fully built out urban-style neighborhood for living, shopping, dining and walking and biking that replaces what might have been: low density, single story mid -sized boxes of commercial uses and warehouse space. The plan always envisioned a public parking solution as the Central Village intensified as a destination. The Central Village West is also located within the Apple Valley Transit Station Transit Improvement Area (TIA). The requested $99,585 funding will be used towards the construction of a 135 -space parking lot on a 1.64 -acre lot that will be open to the public, and will support the existing commercial and housing development in the area, as well as Kelley Park. Attach copy o Plan. Central Village Plan attached. 2. Has an end user committed to redevelopment of site? The City of Apple Valley, as present owner and the Apple Valley Economic Development Authority for the balance of funding needed for parking improvements has been identified to support the construction of the shared parking area. If end user committed, attach documentation of commitment. 3. Provide a brief history of the site including previous uses, activities, prior or existing contamination, and other attempts at redevelopment. The subject site had been used for farming before the City was incorporated. It also had an interim use as .art of the .erimeter •rounds for the South.ort airstri . that existed until the late 1970's. Parcels north of the site required the formation of Redevelopment TIF District 1 in 1984 to remove declining airstrip improvements and incorporate new commercial uses. In 2002, the adoption of the Central Village Plan led to a decade of consideration and development of multiple housing and commercial projects in initial phases. This site has remained undeveloped and the need for a public parking solution in the Village continues. The City of Apple Valley acquired the site through a County tax forfeiture process in 2014. Based on the history of adjacent development and prior use, no soil constraints or contamination would delay or prevent development of the proposed improvements. 4. Describe redevelopment within the Redevelopment Plan that has already been completed or is currently underway. Existing development in the Central Village includes the Grandstay Hotel, Legacy Townhomes (105 units), Haralson Apartments (36 units of supportive housing); the 196 -unit Gabella Apartment building, and the 101 -unit Remington Cove Apartment building are currently under construction. Kelley Park is also located in the Central Villa ge. Future development additionally includes approximately 470 units of multi- family housing and approximately 150,000 sq. ft. of commercial and office uses. The future development anticipated for the Central Village West area includes the Village Pointe Plaza development, which will have a 78 -unit senior cooperative, and approximately 40,000 sq. ft. of commercial uses; as well as a 168 -unit apartment site, now owned by the Dakota County CDA. A development map is attached. 6. Smart Growth. Describe how the Redeveiopment Plan incorporates smart growth concepts, including proximity to public transit, pedestrian- friendly design, maximizing green space, mixed land uses, and community building elements. The Central Village encompasses approximately 65 acres of land bounded by County Road 42, 155 Street W., Garrett Avenue and Foliage Avenue. The City Council approved the Central Village Plan on May 9, 2002. The Central Village Plan, which uses Smart Growth principles, provides the regulatory framework for the proposed development. Some characteristics of the Central Village Plan: • The separation of the 153` Street W. travel lanes east of Garrett Avenue, creating a paired one- way coupler system that reconnects at Foliage Avenue. • The use of shared parking areas and on- street parking spaces. Source of Funds Amount Committed Pending Met Council LCDA grant — Village Pointe Plaza; mixed use housing/commercial $1,148,639 X $866,000 Met Council LCDA TOD grant — for Central Village West office building $866,000 X Total: 52,014,639 1I Total: $2,014,639 j /// A Itemized Use of Funds/Expenses Costs Funding Source Site acquisition Village Pointe Plaza $1,148,639 Met Council Site acquisition Central Village West office building $866,000 Met Council Total: 52,014,639 /V • The creation of multi -use, multi -story buildings of 3 -4 stories in height with retail on the first floor and office and/or residential on the floors above. • Reduced setbacks that create a street presence. • The creation of live /work units. • The organization of buildings around significant public or private open space amenities. • The creation of pedestrian and transit- oriented development. 7. Leverage. Itemize all other funding sources for the Redevelopment Plan. Please include all previously awarded RIG grants. Funding for the Central Village has been a combination of private and public funds. Total existing development value is estimated at approximately $52,000,000. New value to be created is estimated to exceed $60,000,000. Public funds committed and /or expended for existing development in the Central Village total approximately $6,050,000. All utilities, sidewalks and road improvement have been installed at a cost in excess of $12 million. Public funds committed to future development in the Central Village West development are listed below: Itemize Redevelopment Plan expenses. 1. Environmental Benefits. • Has the Redevelopment Plan area been found or suspected to be contaminated? No • Does your Redevelopment Plan include the cleanup of contaminated soils, hazardous waste or materials? If yes, please describe information on type of cleanup, what measures have been taken to address the contamination, consultant reports, and/or Response Action Plan. Not applicable. Describe positive environmental impacts of the redevelopment plan. The Central Village intensifies land uses in a compact suburban downtown core within a defined Transit Improvement Area (TIA). On site parking has been reduced, and multi -story development is required. By reducing the amount of parking typically required of development, and constructing pedestrian connections leading to Apple Valley Transit Station (AVTS), and the METRO Red Line, the reliance on autos is reduced. Regional two cell storm water treatment has already been installed for the greater Central Village and adjacent commercial areas. The landscaping and pedestrian amenities that circulate throughout the Village help to manage storm water and are part of the ongoing place making. 9. Housing Affordability. Indicate the number of housing units planned in the Redevelopment Plan. Attach separate sheet if necessary. Will any existing affordable housing be demolished? No. If yes, please explain. Will there be any mechanisms to ensure long -term affordability? Yes. If yes, please describe. Several of the housing developments in the Central Village contain affordable housing components, specifically: • Haralson Apartments — 36 units of supportive housing serving low- income adults, and adults with serious mental illnesses and other disabilities. Four of the supportive housing units are targeted for adults meeting the state's definition of long -term homelessness. All units are permanent affordability at 30% AMI. • Gabella/Galante — 322 units includes 64 units affordable at 50% AMI for at least 20 years. Total # of Units # of Owner Units # of Rental Units Proposed Rents/ Sales Prices Single Family 0 0 0 Townhouse 105 105 0 Present Estimated Values between $150,000 to $185,000 Apartments /Condominiums 1,031 0 1,031 Range from $830 for studio to $1,900 for 3- bedroom for market rate. Duplexes 0 0 0 Other: senior cooperative - limited equity type 78 78 0 • Does your Redevelopment Plan include the cleanup of contaminated soils, hazardous waste or materials? If yes, please describe information on type of cleanup, what measures have been taken to address the contamination, consultant reports, and/or Response Action Plan. Not applicable. Describe positive environmental impacts of the redevelopment plan. The Central Village intensifies land uses in a compact suburban downtown core within a defined Transit Improvement Area (TIA). On site parking has been reduced, and multi -story development is required. By reducing the amount of parking typically required of development, and constructing pedestrian connections leading to Apple Valley Transit Station (AVTS), and the METRO Red Line, the reliance on autos is reduced. Regional two cell storm water treatment has already been installed for the greater Central Village and adjacent commercial areas. The landscaping and pedestrian amenities that circulate throughout the Village help to manage storm water and are part of the ongoing place making. 9. Housing Affordability. Indicate the number of housing units planned in the Redevelopment Plan. Attach separate sheet if necessary. Will any existing affordable housing be demolished? No. If yes, please explain. Will there be any mechanisms to ensure long -term affordability? Yes. If yes, please describe. Several of the housing developments in the Central Village contain affordable housing components, specifically: • Haralson Apartments — 36 units of supportive housing serving low- income adults, and adults with serious mental illnesses and other disabilities. Four of the supportive housing units are targeted for adults meeting the state's definition of long -term homelessness. All units are permanent affordability at 30% AMI. • Gabella/Galante — 322 units includes 64 units affordable at 50% AMI for at least 20 years. • Village Pointe Plaza senior cooperative — 78 units offering limited equity owner- occupied housing will be available to residents who are 55 years and older. Twenty percent (20 %) of the units will be priced to be affordable to those who make 50% AMI. Additionally the cooperative offers a perpetual affordable mechanism for all of the units, and there is a requirement for a fixed annual appreciation of no more than 2% to the shares price for every new buyer in perpetuity, making the cooperative housing affordable into the future for at least the teun of the 40 -year HUD insured mortgage and beyond. Historically, this mechanism has created an artificially deflated share payment into the future allowing for subsequent owners to purchase the units at a significantly lower market price of other competitive market rate housing developments. • Future CDA Apartments — 168 units of market -rate apartments with 25% of the emits held for residents whose income is 50% or less of the median income; and /or not more than 45% of the units held for residents whose income is 60% or less of the median income. 10. Economic Benefits What are the current property taxes for the Redevelopment Plan? $1,098,641 What will the estimated property tax be after redevelopment? $3,150,000 How was this figure determined? By examining existing Dakota County property tax values on developed lots, City staff extrapolated estimated property tax for new development. Who determined it? City staff Project the number of new jobs created after redevelopment. Total new jobs = 728 FTEs. Number of new jobs with wages greater than $14.00 per hour = 65 Project the number of jobs retained after redevelopment. Total retained jobs = 438 FTEs. Number of retained jobs with wages greater than $14.00 per hour = 120 Project site address(es): 7075 152 Street West Acreage of site: 1.64 Number of parcels: 1 Is the Project site publicly or privately owned? Publicly owned Current Project site owner(s): City of Apple Valley Current appraised or assessed value of the site: $0 Projected appraised or assessed value of the site after Redevelopment: $0 Attach the appraisal or assessor's current and projected values. Pay Year 2014 Pay Year 2016 Source of Funds Amount Committed Pending 2015 RIG grant $99,585 1 1 X 2015 Apple Valley EDA funds $199,170 X Total: $298,755.00 /ZZZ /�/ After Redevelopment is complete, will the Project site be publicly or privately owned? Publicly owned Post - redevelopment Project site owner(s): Apple Valley Economic Development Authority When has /will the acquisition be completed? To coincide with completion of improvements. Legal description of Project site (may be separate attachment): Lot 1, Block 2, Village at Founders Circle. 1. Describe the Project including location map, photos, and current and projected site plans. Maps should include property boundaries, north arrow, and bar scale. Attached 2. Describe the Activities that are part of the Project. Is demolition of slum or blighted buildings or other structures an Activity of the Project? The project consists of a 135 -space parking lot on a 1.64 -acre vacant site. No demolition of existing buildings is required. 3. How many residential buildings are on Project site? 0 Commercial buildings? 0 How many residential buildings are vacant? 0 Commercial buildings? 0 4. Describe how the Project will make more efficient use of the site. The 135 -space shared parking lot becomes a focal point to solve present public parking demand with existing businesses and housing in the area, and also provides for overflow parking for many popular events that now take place in adjacent Kelley Park. 5. Leverage Itemize all other funding sources for the Project and the Activities identified as part of the Project. Itemize Project expenses for each Activity. Be as detailed as possible. Project Activities /Expenses Costs Funding Source Mobilization and Site Preparation $6,980.00 EDA Excavation $80,847.00 EDA 135 -space parking lot construction $105,613.00 RIG /EDA Landscaping $66,316.00 EDA Administration/overhead $39,000.00 EDA Total: $298,755.00 j j 6. List other sources of funds requested or considered but not obtained for the Project, and explain why they were not obtained, to the best of your knowledge. (The purpose of this question is to ensure all funds have been exhausted.) The City requested funding for a 400 -space parking ramp from the Metropolitan Council in 2013 through an LCDA grant. The grant was not approved because it was not deemed to be catalytic for new development. The plan for the public parking area has since been scaled back in size to align with available funds. The proposed parking lot is meant to serve existing and future development, and not necessarily act as a catalyst for development. 7. IF the project includes property acquisition, clearance and/or construction activities, describe how owners, tenants, and businesses will be temporarily or permanently relocated within the Redevelopment Plan Attach relocation plan, if applicable. Not applicable. Site is vacant, and no relocation is required. 8. Readiness To Proceed. Please provide detailed project timeline with all actions, phases, and anticipated dates for completion. The proposed parking area will be constructed in 2015. Funds are available through the Apple Valley EDA, and the City has the means and experience to ensure construction will occur. 2. Please indicate whether any of the following entitlement or due diligence actions are required or have been completed for the Project: Zoning amendments or variances: Required to allow for shared public parking lot. Status: Expected completion 3` Quarter of 2015. Comprehensive plan amendment: N/A Status: Environmental review: N/A Status: Market or feasibility study: N/A Status: 2015 APPLE VALLEY A;� RIG APPLICATION AREA MAP WI i tcw,„vtl ' v. 1-.L.,--, lii- l - 'i , ° d t 0 _ OP.. a a I 1 14 Pi 0 - 71 '1 4 16 tleg Irjil .9 trill Areffi ,4,,,.. feet. :'-..*. ki I leidir - a0 Jriabs. i 1 � r � � ZL1 � , ,,,..,,.... *- I' M 14- � '� Iii s e ..,=0. re. till 1 ril OF 11,,t ' VI ka ; irlii VMS 11 |U � _' 11 11 1 II 11 k I l w* n /i. ^— — 11 (I) 11 i II L 1, m ^-~~" r‘t 8 9' 26' 26' \.4 x x � ---^-- ----- ::— n;\; -�, m � | �u ���/-- . .V�° � � 'L— � | -- -�—~�— ----- 1 k-- -_=~=_~�=� — LU z � ;Sc ci a 4= IJ Lt '3 AV ilHeri 0 0 t7) C13 1- Ct. (.01 F _ 1-11Vd NOSV N L N1 I NV tn Cf) 73 r t CD 1111,_.(9. A'V I XV . 0 s AAV =1V1=' I 0) El h OO 3 Et x eL • M • • IN IN • w G) E o 15 22 CU 0 0 n t • 4R 4m . • • • • S I E • • . 1 MM114ii 1 t tMli 1iMMi1MIi tlM 1 �1M�1.iitM '� x ttl � M�1 IMaiMGMI1�IZ . 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Background In October 1998, the Economic Development Authority as lessee entered into a ground lease agreement with ISD 196 for the land at the Apple Valley and Eastview High Schools where the stadiums are located. The EDA in turn issued the 1998 Lease Revenue Bonds to finance stadium improvements at both high schools. The 1998 Lease Revenue Bonds were paid off in June 2014 so the EDA no longer has a reason to retain any interest in the property. The attached quit claim deed is the recordable document that transfers the EDA's interest in the property to the School District. This interest was satisfied with the retirement of the previously issued Lease Revenue Bonds Recommended Action: Authorize the President and Secretary to execute the quit claim deed conveying the EDA's interest in the site to ISD 196. QUIT CLAIM DEED Business Entity to Business Entity DEED TAX DUE: $1.65 Check applicable box: The Seller certifies that the Seller does not know of any wells on the described real property. LIi A well disclosure certificate accompanies this document or has been electronically filed. (If electronically filed, insert WDC number: I am familiar with the property described in this instrument and I certify that the status and number of wells on the described real property have not changed since the last previously filed well disclosure certificate. State of Minnesota, County of Dakota ECB (Top 3 inches reserved for recording data) TOTAL CONSIDERATION FOR THE TRANSFER OF THIS PROPERTY IS LESS THAN $500.00 See Exhibit A attached attached and incorporated herein. Check here if all or part of the described real property is Registered (Torrens) together with all hereditaments and appurtenances belonging thereto. DATE: , 2014 FOR VALUABLE CONSIDERATION, the Apple Valley Economic Development Authority, a public corporation under the laws of Minnesota ("Grantor"), hereby conveys and quitclaims to Independent School District No. 196, a public corporation under the laws of Minnesota ("Grantee"), real property in Dakota County, Minnesota, legally described as follows: Grantor Apple Valley Economic Development Authority, a Minnesota public corporation By: Tom Goodwin Its: President By: Pamela J. Gackstetter Its: Secretary Page 1 of 3 Page 2 of 3 QUIT CLAIM DEED This instrument was acknowledged before me on , 2014, by Tom Goodwin, as President of the Apple Valley Economic Development Authority, a public corporation under the laws of Minnesota, on behalf of the public corporation. (Stamp) State of Minnesota, County of Dakota This instrument was acknowledged before me on , 2014, by Pamela J. Gackstetter, as Secretary of the Apple Valley Economic Development Authority, a public corporation under the laws of Minnesota, on behalf of the public corporation. KJP: 0066-35311 (Stamp) THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 7300 West 147th Street, Suite 600 Apple Valley, MN 55124 (952) 432-3136 (signature of notarial officer) Title (and Rank): My commission expires: (month/day/year) (signature of notarial officer) Title (and Rank): My commission expires: (month/day/year) TAX STATEMENTS FOR THE REAL PROPERTY DESCRIBED IN THIS INSTRUMENT SHOULD BE SENT TO: Independent School District 196 3455 153rd St. West Rosemount, MN 55068 Page 3 of 3 QUIT CLAIM DEED At Apple Valley High School: All that part of the East Half of the Northwest Quarter of Section 28, Township 11� Range �Dakota County, Minnesota, more particularly described as follows: Commencing at the southeast corner of said East Half of the Northwest Quarter; thence along the east line thereof, North 00 degrees 05 minutes 43 seconds West, assumed basis of boehnQa, a distance of 465.00 feet to the point of beginning; thence South 64 degrees 52 minutes 52 seconds West 410.18 feet; thence North 67 degrees 17 Minutes 42 seconds West 235.26 feet; thence North 00 degrees 05 minutes 43 seconds Wes 79.95 feet; thence North 89 degrees 59 minutes 01 seconds Wes 739.87 feet bzo point in the wes line of said East Haif of the Northwest Quarter; thence along said west line North 00 degrees 08 minutes 45 seconds West 345.34 feet; thence South 89 degrees 59 minutes 01 seconds East 748.70 feet; thence South 00 degrees 00 minutes 52 seconds West 144.32 feet; thence South 89 degrees 59 minutes 08 seconds East 190.50 feet; thence North 00 degrees 00 minutes 52 seconds East 673.14 feet; thence North 89 degrees 54 minutes 17 seconds East 62.57 feet; thence South 00 degrees 05 minutes 43 seconds East 129.17 feet; thence North 89 degrees 54 minutes 17 seconds East 325.76 feet to said east line of the East HaIf of the Northwest Quarter; thence along said east line South 00 degrees 05 minutes 43 seconds East 742.23 feet to the point of beginning, and containing 653,200 square feet or 14.9954 acres, more or less; Subject to Hayes Road. (Parcel Id. No. 01-02800-25-010) (Torrens property And, at Eastview High School; That part of Lot 1 Block 1 HIGH SCHOOL FOUR 2ND AD0T|DN, according to the recorded plat thereof, Dakota County, Minneaota, described as commencing at the northwest corner of said Lot 1; thence on an assumed bearing of South 0 degrees 20 minutes 35 seconds West along the westerly line of said Lot 1 a distance of S12.14 feet to the point of beginning of the land to be described; thence on a bearing of East a distance of3O8.48 feet; thence on a bearing of South a distance of323.00 feet; thence on a bearing of East a distance of 124.0Ofeet; thence on a bearing of South a distance of 10 0.00 feet; thence South 05 degrees 27 minutes 30 seconds East a distance of88.72 feet; thence on a bearing of East a distance of8O.00 feet to its intersection with the northerly extension of an east line of said Lot 1, said east line has a bearing of South and a plat distance of 511.88 feet; thence on a bearing of South along said east line of Lot 1 and its extensions a distance of 84S.74 feet to an angle point on the southerly line of said Lot 1; thence on a bearing of West along a southerly line of said Lot 1 a distance of 433.38 feet to an angle point in said Lot 1; thence North 0 degrees O3 minutes 10 seconds West along a westerly line of said Lot 1 a distance of 478.87 feet to an angle point in said Lot 1; thence on a bearing of West along a southerly line of said Lot 1 a distance of 20 8.50 feet to a westerly line of said Lot 1; thence northerly a distance of 214.82 feet along a westerly line of said Lot 1 and a non-tangential curve concave to the west having a radius of 1040.00 feet, a central angle of 11 degrees 5O minutes O5 seconds and a chord that bears North 6 decrees 15 minutes 39 seconds East; thence North 0 degrees 2O minutes 3S seconds East tangent to last described curve a distance ofG22.15 feet to the point of beginning. (Parcel Id. No. 01-32901'01-010 (Abstract property) Exhibit A TO: 0 City of Apple Valle Apple Valley Economic Development Authority Board of Directors FROM: Tom Lawell, EDA Executive Director MEETING DATE: January 22, 2015 SUBJECT: APPOINTMENT OF 2015 OFFICERS President Thomas Goodwin Vice-President Thomas Melander Secretary Pamela J. Gackstetter Treasurer Clint Hooppaw Assistant Treasurer Pamela J. Gackstetter Apple Valley Economic Development Authority 1 73i 5A MEMO The resolution organizing the Economic Development Authority provides that the offices of President, Treasurer, and Secretary be elected annually. The appointments remain in effect until the Board elects new officers. The meeting of the Economic Development Authority held January 23, 2014, the following officers were appointed: A draft resolution is attached, with blanks to be completed, that can be adopted to appoint the 2015 officers. Recommended Action: Motion adopting the resolution appointing 2015 officers of the Economic Development Authority. ATTEST: APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. EDA-15- A RESOLUTION APPOINTING 2015 OFFICERS FOR THE APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY WHEREAS, the Board of the Commissioners of the Apple Valley Economic Development Authority has heretofore adopted Resolution No. EDA-90-1 which provided for initial organization of the Board and adoption of Bylaws; and WHEREAS, said Resolution specifies that the offices of President, Treasurer, and Secretary shall be elected annually, as required by law; and. WHEREAS, said officers were appointed on January 22, 2015; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Apple Valley Economic Development Authority that it hereby appoints and approves the following officers of the EDA for 2015: President Vice-President Secretary Treasurer Assistant Treasurer ADOPTED this 22nd day of January, 2015. Pamela J. Gackstetter, Secretary Pamela J. Gackstetter Pamela J. Gackstetter , President 000 City of App Valley TO: Board of the Apple Valley Economic Development Authority FROM: Joan Murphy, Department Assistant MEETING DATE: January 22, 2015 SUBJECT: 2015 CALENDAR Recommended Action: MEMO Community Development Attached is a 2015 calendar schedule for the Economic Development Authority to hold meetings. These meetings will be held on the fourth Thursday of every other month in the Council Chambers at the Apple Valley Municipal Center. The objective of establishing a specific day and time: - Allows for better EDA member, public participation and staff planning. Anticipates the need for resources to televise the meeting. - Utilizes the 4th Thursday of the month so that the EDA and City Council meetings could be conducted at adjacent meeting times. Includes a January 28, 2016, meeting to ensure a "special meeting" does not have to be announced to conduct the first meeting of 2016. Motion approving the 2015 to January 2016 calendar for the Economic Development Authority. APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY Meetings are held on the fourth Thursday of every other month at 6:00 p.m. at the Apple Valley Municipal Center, 7100 -147th Street West. * Meeting to be held 4 Tuesday, if needed. 2015 MEETING CALENDAR Thursday, January 22, 2015 Thursday, March 26, 2015 Thursday, May 28, 2015 Thursday, July 23, 2015 Thursday, September 24, 2015 Tuesday, December 22, 2015* Thursday, January 28, 2016 TO: FROM: DATE: SUBJECT: V00 0000 90 ff®q, 0000 City of Apple Valley President, Economic Development Authority Commissioners, and Tom Lawell, Executive Director Ron Hedberg, Finance Director Bruce Nordquist, Community Development Director January, 15, 2015 Adopt 2015 Economic Development Operations Fund Budget The proposed 2015 budget, approved by the City Council, includes the Economic Development Operations Fund The items included in the proposed budget are the anticipated activities. If the need arises to address development opportunities, Business Retention, Expansion and Attraction (BREA) activities, further action would be requested to address the need. Enclosed are the pages from the budget document that relate to this fund and its use by the EDA. The activity areas in 2015 include: • Continuing membership in the public /private economic development organization GREATER MSP. Their development marketing efforts broaden Apple Valley's reach to the region, nation and global markets. GREATER MSP, MN DEED and the EDA are essential partners in business retention, attraction and expansion. • Initiate a robust Business Retention, Expansion and Attraction (BREA) program; obtain feedback on business wants and needs, program responses, and pursuit of expansion and attraction as opportunities are presented. • Continue to participate with Dakota County CDA and other Dakota County member cities in the "Open to Business" small business support and development services. • Continue planning of a Nordic business development initiative that could include travel for EDA members in 2015. • Preparation of a Mixed Business Campus zoning and development ordinance to coincide with completion of sand and gravel mining within the Comprehensive Plan "MBC" designated area. • Manage City /EDA owned property until development. The projected 2015 year end fund balance is $789,094. Recommended Action: Resolution Adopting 2015 Proposed Budget for the EDA Finance Department EbA s. c MEMO ATTEST: APPLE VALLEY ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. EDA 15- RESOLUTION ADOPTING 2015 PROPOSED BUDGET A Sc 1,1PDA"rat RCSO WHEREAS, the Apple Valley Economic Development Authority has reviewed the proposed 2015 operating budget set forth in this resolution; and EREAS, the Economic Development Authority desires to adopt an operating budget for management purposes; and NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Apple Valley Economic Development Authority, Minnesota that revenue and expenditure budgets for 2015 shall be as included below in this resolution and as supported by the detailed document, as revised. 2015 Revenues: Investment Earnings 13,500 Expenditures: Consultant Services 47,500 Schools/Conferences/Exp Local 16,500 Subsistence Allowance 2,100 Dues & Subscriptions 10,000 Total Expenditures $76,100 ADOPTED this 22 day of January, 2015 by the Apple Valley Economic Development Authority Board of Commissioners Pamela J. Gackstetter, Secretary Thomas Goodwin, President COMPANY DEPARTMENT BUSINESS UNIT ACTIVITY 1000 93 3210 EDA Operations Fund DESCRIPTION OF ACTIVITY The EDA Operations fund was created many years ago and focused on the activities related to the Valley Business Park development, including a revolving loan program and the development and sale of commercial lots. That activity was completed and the EDA Operations fund assists the EDA in supporting business development opportunities as they arise. MAJOR OBJECTIVES FOR 2015 • Continue as a member of GREATER MSP, the regional economic development organization with national and global contacts for local business development. • Administer a robust Business Retention, Expansion and Attraction (BREA) program. • Continue the "Open to Business" small business development service with the Dakota County CDA and Metropolitan Consortium of Community Developers. • Develop a Mixed Business Campus ordinance for the active mining area south of County Road 42. • Manage City /EDA owned property until development. IMPACT MEASURES 1 PERFORMANCE INDICATORS Item Jobs added Open to Bus. /AV Clients Served Projected Projected Actual Projected Projected 2012 2013 2013 2014 2015 600 600 4 8 8 12 2015 CAPITAL OUTLAY None Summary Budget Department 93 EDA Operations Fund 2011 Actual 2012 Actual 2013 Actual 2013 Adopted 2014 Adopted 2015 Projected 2016 Proposed Revenue: Development Charges Investment Eamings Expenditures: Training/Travel/Dues Consultant Services /Other Net addition to Fund Balance 25,000 40,296 17,259 - (17,328) - 14,200 - 14,000 - 13,500 13,060 65,296 - - 17,259 10,0 - (17,328) 10,000 7,641 14,200 10,000 7,500 14,000 30,100 52,500 13,500 28,600 47,500 13,060 11,500 7,500 - 10,000 17,641 17,500 82,600 76,100 19,000 Fund Balance Beginning Ending 882,708 948,004 955,263 955,263 920,294 851,694 789,094 948,004 955,263 920,294 951,963 851,694 789,094 783,154 COMPANY DEPARTMENT BUSINESS UNIT ACTIVITY 1000 93 3210 EDA Operations Fund DESCRIPTION OF ACTIVITY The EDA Operations fund was created many years ago and focused on the activities related to the Valley Business Park development, including a revolving loan program and the development and sale of commercial lots. That activity was completed and the EDA Operations fund assists the EDA in supporting business development opportunities as they arise. MAJOR OBJECTIVES FOR 2015 • Continue as a member of GREATER MSP, the regional economic development organization with national and global contacts for local business development. • Administer a robust Business Retention, Expansion and Attraction (BREA) program. • Continue the "Open to Business" small business development service with the Dakota County CDA and Metropolitan Consortium of Community Developers. • Develop a Mixed Business Campus ordinance for the active mining area south of County Road 42. • Manage City /EDA owned property until development. IMPACT MEASURES 1 PERFORMANCE INDICATORS Item Jobs added Open to Bus. /AV Clients Served Projected Projected Actual Projected Projected 2012 2013 2013 2014 2015 600 600 4 8 8 12 2015 CAPITAL OUTLAY None 6235 - CONSULTANT SERVICES 6230 - CONTRACTUAL SERVICES 6275 - SCHOOLS /CONFERENCES /EXP LOCAL 6276 - SCHOOLS/CONFERENCES/EXP OTHER 6278 SUBSISTENCE ALLOWANCE 6280 - DUES & SUBSCRIPTIONS RNG/7NAtL /DUES/UNIE 6310 - RENTAL EXPENSE 6399 - OTHER CHARGES 1 -OTHER EXPENDITURESS 6001 - EXPENDITURES 2013. Council 2014 Council Object 2012 Adopted 2013 Adopted 06/30/14 Account Actual Original Actual Original YTD. Actual Budget Budget 0 10,000 0 City of Apple Valley Department Expense Summary Budget Years (2015 -2016) EDA OPERATIONS 7,500 7,500 47,500 7,500 7,500 47,500 7,500 i 47,50 10,000 10,000 141 16,500 2,100 11,500 7,500 47,500 0 10,500 0 0 2015 2015 2016 2016 Dept Admin Dept Admin Proposed Recommended Proposed Recommend 16,500 2,100 11,500 47,500 7,500 16,500 2,100 11,500 11,500 7,500 47,500 7,500 7,500 11,500 000 10,000 40,000 0 30,100 __. 30, #06 -- 31,50 11 10,000 17,500 17,641 77,600 18,000 77,600 77,600 19,000 19,000 6235 CONSULTANT SERVICES Miscellaneous - MCCD (Open for Buisiness) Ordinance /MB Campus Total 7,500. 7,500 40,000 7,500 40,000 7,500 40,000 7,500 - 7,500 47,500 47,500 47,500 7,500 6249 OTHER CONTRACTUAL SERVICES Share of Broadband Access Study Total 5,000 5,000 - - 5,000 5,000 - - 6276 SCHOOUCONF /EXP - OTHER Economic Development - UPONOR Nordic Business Development Trade Mission (3 @ 5500) Total 16,500 16,500 - - 16,500 - 16,500 - 6278 SUBSISTANCE ALLOWANCE Economic Development - UPONOR Nordic Business Development Trade Mission (3 for 7 days @ $100) Total 2,100 2,100 - - 2,100 - 2,100 - 6280 DUES & SUBSCRIPTIONS Membership in local chapters of nordic Chambers of Commerce Greater MSP Total 10,000 1,500 10,000 1,500 10,000 10,000 1,500 10,000 - 10,000 11,500 11,500 10,000 11,500 Total Net of Personnel TOTAL EXPENSES - $ - 17,500 $ 17,500 82,600 $ 82,600 64,000 $ 64,000 76,100 $ 76,100 19,000 $ 19,000 DEPT 93: EDA OPERATIONS FUND -3210 COMPANY 3210: EDA OPERATIONS ACC'T DESCRIPTION CITY OF APPLE VALLEY 2015 BUDGET ACCOUNT DETAIL 2012 2013 2014 2014 COUNCIL COUNCIL COUNCIL YEAR END ADOPTED ADOPTED ADOPTED PROJECTED 2015 DEPT PROP 2016 DEPT PROP Note: 2013 is the first year in which the EDA operations Fund has been budgeted.