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HomeMy WebLinkAbout08/10/2017 Meeting M eeting L ocation: M unicipal C enter 7100 147th S treet West Apple Valley, M innesota 55124 August 10, 2017 C IT Y C O UN C IL IN F O RMA L MEET IN G T EN TAT IVE D IS C USSIO N IT EMS 5:30 P M 1.C ouncil Discussion Items (10 min.) 2.Discuss Project 2016-101, Water Meter Replacement Project (25 min.) 3.Discuss Options for C apital Project with Ameresco (20 min.) 4.Discuss 2018 Convention and Visitor's Bureau Budget (20 min.) 5.Adjourn C IT Y C O UN C IL REG ULA R MEET IN G T EN TAT IVE A G EN D A 7:00 P M 1.C all to Order and Pledge 2.Approve Agenda 3.Audience - 10 Minutes Total Time Limit - For Items N O T on this Agenda 4.Approve C onsent Agenda Items C onsent Agenda Items are considered routine and will be enacted with a single motion, without discussion, unless a councilmember or citizen requests to have any item separately considered. It will then be moved to the regular agenda f or consideration. A.A pprove Minutes of J uly 27, 2017, Regular Meeting B.A dopt Resolution Accepting Donation from Target C orporation for Use by Police Department C .A pprove State Gambling Exempt Permits for Apple Valley American Legion Auxiliary, Unit 1776, at Apple Valley American Legion, Post 1776 1. September 9, 2017 2. October 14, 2017 3. J anuary 13, 2018 4. March 10, 2018 5. May 5, 2018 D.A dopt Resolution Levying 2017 Special Assessment Roll No. 651, $1,605,220.00 - 157th Street/J ohnny C ake Ridge Road Improvements E.A pprove Reduction of Various Financial Guarantees F.A pprove Reduction of Various Natural Resources Management Permit Financial Guarantees G.A pprove Agreement with A coustiblok, Inc., for Acoustifence Sound D eterrent System H.A pprove Agreement with Independent School District 196 for Police Liaison Services I.A pprove Acceptance and Final Payment on Agreement with Pine Bend Paving, Inc., for Project 2017-125, Park Trail O verlay J .A pprove Acceptance and Final Payment on Agreement with C & H Sport Surfaces, Inc., for Project 2017-145, Court Re-surfacing K.A dopt Resolution Declaring Employee Transferred to Fire Marshal Remains in P ERA Police and Fire Fund L.A pprove Personnel Report M.A pprove Claims and Bills 5.Regular Agenda Items A.Presentation of Lifesaver Awards to Police Officers, Firefighters, Paramedics, and Dispatcher B.A pprove Purchase Agreement with OneTwoOne Development, LLC, for Village Pointe Plaza 6.Staff and C ouncil C ommunications 7.Approve C alendar of Upcoming Events 8.Adjourn Regular meetings are broadcast, live, on C harter C ommunications C able Channel 180 and on the C ity's website at www.cityof applevalley.org I T E M: 2. C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:I nf ormal Agenda I tem Description: Discuss P roject 2016-101, Water Meter R eplacement P roject (25 min.) S taff Contact: Carol Blommel J ohnson, P ublic Works S uperintendent - Utilities D epartment / D ivision: Utilities D ivision AC T I O N RE Q UE S T E D: N/A S UM M ARY: On April 6, 2017, bids were received for the Water Meter Replacement Project. Four vendors submitted proposals for Advanced Metering Infrastructure (A MI), water meters, meter installation, sump pump inspection and necessary software. Staff and S L-serco evaluated the proposals based on technical specifications (2,100 points), cost (1,000 points) and software demonstration (500 points) utilizing the best value bidding process. T he C ity attorney's office was involved in all steps of the evaluation to give guidance and ensure compliance with State guidelines. Following this process, Mueller Systems, LLC was identified as the vendor who best met the bid proposal requirements for technical specifications, cost, and software demonstration. Mueller Systems proposes to provide the infrastructure for A MI meter reading with five data collectors (one at each of the water reservoirs), smart water meters with data transmitters, meter data management software, installation services utilizing specific testing criteria, support network services, and other items identified in the bid proposal. In addition to Mueller Systems, LLC , bids were also received from HD Supply - Sensus meters; Itron - Badger meters; and Ferguson - Neptune meters. Bid Proposals: Mueller Systems $4,268,854.00 HD Supply $4,931,858.00 Ferguson $4,938,641.00 Itron $5,863,688.00 If the C ouncil agrees, the City Attorney recommends awarding the project to Mueller Systems, LLC at the August 24, 2017 C ity C ouncil meeting. After award of the project, the attorney's office would finalize details of the agreement. Information will be presented by C ity staff: Matt Saam, Ron Hedberg, Carol Blommel J ohnson, and J ozette Spandel, consultant with SL-serco. B AC K G RO UND : Staff and SL-serco have been working on the meter replacement project since late 2015. T his project would replace the aging water meters and meter reading system with new accurate water meters and Advanced Metering Infrastructure (A MI) technology. Benefits of the program include: •Address the C ity’s aging water meter and meter reading system. •Address commercial meters of the incorrect size (right sizing). •Inspection of sump pumps to identify areas of inflow and infiltration. •Improve customer service with both billing and maintenance staff. •Ability to provide more accurate and timely information to customers regarding water usage. •Reduction of non-revenue water loss by water resource management and conservation. •Reduce the number of truck rolls to improve carbon footprint. B UD G E T I M PAC T: T he meter replacement project has been included in the Public Works C IP and Utilities Water Fund operating budget. Project C ost 2016-101 5310.6735 Mueller Systems, LLC Bid Proposal $4,268,854.00 C ontingency $425,000.00 Adjusted Agreement Amount $4,693,854.00 AT TAC HM E NT S: Presentation Water Meter Replacement Recommendation Thursday August 10, 2017 Primary Objectives: 1.Increase meter accuracy by replacing aging equipment 2.Gain the ability to provide improved customer service by proactively detecting water loss, high water usage, and theft 3.Reduce operational costs for meter reading and repairs 4.Enhance conservation capabilities Procurement Tasks: 1.Created and released a very thorough Best Value Bid request document with strong scoring criteria 2.Received bid responses 3.Evaluated bid responses 4.Determined final recommendation Goal: Implement a new Automated Meter Reading system and replace 15,831 aging meters, and new radios on 983 recently swapped meters Technology Review Granular Data – meter reading to the gallon vs. thousand gallon Read Frequency – quarterly to hourly Timely Alarm Notification – leaks, unusual usage (high or low), tamper, reverse flow Conservation Tool – identify water use during water restriction time frames Customer Service Tool – address water use questions with data Leak Detection – compare water pumped to customer water use (advanced) Water Audit – identify unaccounted water Customer Portal – daily meter use data available to customers* *Not part of the base bid Utilized a Best Value Bidding process •Price was not the only determining factor •500 technical items in the bid that required a response from the vendors •Each technical item had weighted points assigned for evaluation •Once released, allowed for a vendor review and question period •Resulted in 4 clarification amendments •Received bids by 4 vendors to evaluate Utilized a Best Value Bidding process: •Evaluated individually by everyone on the committee •Discussed individual scores to come to one final group score •Brought in top 3 vendors for software demonstration •Interviewed local utilities using the software for top 2 vendors •Determined final recommendation Matt Saam – Public Works Director Carol Blommel Johnson - Public Works Superintendent – Utilities Ron Hedberg – Finance Director Cathy Broughten – Assistant Finance Director Gail Ripley – Utilities Accountant Kent Zimmerman – Utilities Working Foreman Jozette Spandel – Consultant, SL-serco Bob Bauer – City Attorney Section Name Section Contents Points possible Section D Mandatory Compliance Compliance mandatory to receive further score Section E Compliance Requirements 1000 points possible Section F Information Questions 1000 points possible Section G Alternative Bid 1 – AMR System 100 points possible Section H Alternative Bids 2 – Optional System choices Not scored – all optional items Section I Cost Bid 1000 points possible Software Demo Live view of software 500 points possible Vendor Name Mueller HD Supply Sensus Itron Ferguson Neptune Denotes Distributor Partner Denotes Metering System Vendor Vendor Name Technical Score Ranking Mueller 1 HD Supply Sensus 2 Itron 3 Ferguson Neptune 4 Denotes Distributor Partner Denotes Metering System Vendor Vendor Name Technical Score Ranking Cost = 28% of Best Value Bid Score Mueller 1 $4,268,854 HD Supply Sensus 2 $4,931,858 Itron 3 $5,863,688 Ferguson Neptune 4 $4,938,641 Denotes Distributor Partner Denotes Metering System Vendor Plan to come to the next council meeting with contract with Mueller Vendor Name Technical Score Ranking Cost = 28% of Best Value Bid Score Mueller 1 $4,268,854 HD Supply Sensus 2 $4,931,858 Itron 3 $5,863,688 Ferguson Neptune 4 $4,938,641 Anticipated Schedule: •Contract signed by Aug 24 Council meeting •Order equipment and delivery by Dec 2017 •Begin installations Jan 2018 •Project completion by Dec 2019 (or earlier) Upcoming Changes: •Monthly billing •Customer Portal possibility Jozette Spandel Consultant (612) 618-2551 jozette.spandel@sl-serco.com I T E M: 3. C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:I nf ormal Agenda I tem Description: Discuss Options for C apital Project with A meresco (20 min.) S taff Contact: Charles Grawe, A ssistant City Administrator D epartment / Division: Administration / I nf ormation Technologies AC T I O N RE Q UE S T E D: N/A S UM M ARY: In 2012, the C ity contracted with Ameresco to accomplish a number of capital improvement projects through a mechanism approved by the State legislature known as an Energy Savings Performance C ontract (ESPC ’s). Staff identified a large list of capital project needs of a similar nature and have been working with Ameresco in 2017 to develop a project proposal for the C ouncil to consider. We have reached a point in the process where C ouncil action will be required to proceed further. B AC K G RO UND : Staff has been exploring ways in which to address deficiencies in the C ity's buildings and have been investigating options with an innovative concept known as an Energy Savings Performance C ontract (ESP C ’s). C ities are increasingly using ESP C ’s as a means to identify, implement, and finance deeper level energy savings improvements in city facilities. T here are two basic types of ESPC s. Some are tied to equipment manufacturers who want to implement their products in the solution and often require maintenance agreements as well. Others are independent companies that utilize solutions from a variety of different vendors to best meet the needs of the client and their facilities. Staff has been in conversation with one such independent firm known as Ameresco. T he C ity used Ameresco for a similar project in 2012. T he initial phase of this investigation was a no cost service and staff allowed Ameresco to tour some of the C ity’s buildings and evaluate potential energy efficiency upgrades that could save the C ity money in the longer term. Staff has been addressing single element upgrades, such as lighting fixtures for several years, but lacks the engineering understanding to address larger and more complex systems like HVA C and building envelops that have many interwoven elements that need to be addressed comprehensively to gain the most energy efficiency and save the most money. Ameresco has been working with staff and has completed a Preliminary Feasibility Analysis for a general concept for a program that utilizes guaranteed cost savings from the improvements to finance the improvements. Ameresco would like to address the C ity Council at this informal workshop session to discuss the identified project elements and gauge the C ity’s interest in pursuing a second improvements project as a result of the study. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Presentation Your Trusted Sustainability Partner. Preliminary Findings | City of Apple Valley • August 10, 2017 Ameresco Introduction Preliminary Assessment Findings Next Steps Who is Ameresco l © 2017 Ameresco, Inc. All rights reserved. Page 3 Stellar Project Performance Record Broad Energy Expertise Independent and Vendor Neutral Project Financing Comprehensive Solutions Leading Independent Energy Services Provider 2016 Annual Sales: $651M 1000+ Employees 70+ Offices – Nation-wide Bonding Capacity: $750M Sourced $2.3B+ project financing $5B+ Energy Solutions delivered Successfully completed a $1M City-wide Project in 2015: Savings > $47k per year l © 2017 Ameresco, Inc. All rights reserved. Page 4 Date of Presentation City of Apple Valley Energy Cost Total Utility Cost is $1.1 M * Proposal to reduce the City of Apple Valley’s O&M / Utility Costs 46% 15% 5% 22% 12% Annual Utility Cost Electric Gas Water Street Light Electric Street Light O&M (DEA) * Street Lighting O&M costs are included l © 2017 Ameresco, Inc. All rights reserved. Page 5 Date of Presentation City of Apple Valley - Energy Use Index (EUI) Target High Energy Consumption Buildings $- $20,000 $40,000 $60,000 $80,000 $100,000 $120,000 0 20 40 60 80 100 120 140 160 180 Hayes Ice Arena (30,000 ft²) Municipal Center (74,000 ft²) Fire Station 1 (12,000 ft²) AV Sports Arena (33,000 ft²) Liquor Store 2 (6,00 ft²) Liquor Store 1 (15,000 ft²) Teen Center (5,000 ft²) Senior Center (21,000 ft²) Fire Station 3 (7,000 ft²) Fire Station 2 (7,000 ft²) Liquor Store 3 (16,000 ft²)Annual Energy Cost Energy Use Index (kBtu per sqft) Electric EUI Gas EUI Total Cost Mean Building Index = 85 l © 2017 Ameresco, Inc. All rights reserved. Page 6 Date of Presentation Preliminary Project Scope Summary City Facility Energy Conservation Measures Building lighting retrofits & controls (City-wide) LED street lighting upgrade (Cedar Avenue) Field LED lighting (Athletic Fields) Ice Arena’s LED lighting (Hayes & AVSA) Building automation & controls (Select Buildings) High efficiency motors (Select Buildings) Roof replacement (Hayes ) Building envelope (City-wide) Water conservation (City-wide) Mechanical equipment upgrades (Select Buildings) Mechanical insulation (City-wide) Solar PV (to be investigated further) ECM’s investigated but not included in Scope Mechanical upgrades (Old City Hall) IR heating (CMF Storage) Generator Room heating (Water Treatment Plant) Combine Energy Saving & Capital Improvement Projects for the Best Benefit to the City l © 2017 Ameresco, Inc. All rights reserved. Page 7 Preliminary Energy Savings Project : 2017 / 2018* Project combines energy savings & capital improvements for greatest benefit to the City Leveraging Energy Savings Estimated Project Size ~ $3.8 - $4.7M Estimated Annual Energy and O&M Savings ~ $100k Utility Rebates Estimate (one-time only) ~ $140k School District Contribution (Ice Arena) ~ $1M City Estimated Contribution ~ $975k 20-Year Term Savings $1.8M - $2.2M * Does not include solar l © 2017 Ameresco, Inc. All rights reserved. Page 8 Environmental Impact* Towards the City’s 2030 Plan * The sum of the greenhouse gas emissions is equivalent to the above based on the US Environmental Protection Agency (EPA) Greenhouse Gas Equivalencies Calculator found at www.epa.gov/energy/greenhouse-gas-equivalencies-calculator . 43 Phase I Project-2015 Phase II Project-2018 115 Phase I&II Project over 20 yrs. 3,160 Greenhouse gas emissions reduction in CO2 = 1st year = 743 Metric tons 20 year = Metric tons 14,860 + Major Progress towards the 2030 City Plan l © 2017 Ameresco, Inc. All rights reserved. Page 9 Project Summary Project Benefits for City of Apple Valley Includes energy self-funded and capital improvement projects New high efficiency systems require less future maintenance (future avoided cost budget $’s) Improved building operational control Energy cost savings guarantee Will shop for lowest finance rates Ameresco will train operational/maintenance staff Provide the City with Energy Independence Help to achieve Sustainability goals Project combines energy savings & capital improvements for the City Next Steps – To Further Develop: Detailed investigation of City buildings -Working closely with City Staff Utility rebates and grant - (based on final project scope) Further investigate energy and O&M savings Utilization of City capital budget savings/reallocation Engineer project scope of work and construction pricing Develop project cost & options 3rd party financing options & interest rates l © 2016 Ameresco, Inc. All rights reserved. Page 10 Request Approval to proceed to Project Development Agreement l © 2017 Ameresco, Inc. All rights reserved. Page 11 Energy Performance Contract – Project Development Stages Preliminary Analysis (no cost) Detailed Study Performance Agreement Introduce Concept Build Consensus ̶Administration ̶City Council Letter to Proceed ̶Non-binding ̶No Cost Detailed Analysis ̶Utility Baseline Project Options ̶Scope ̶Funding Sources Energy Services Agreement ̶Development Costs carried Forward to Performance Agreement 2-3 Months Project Planning Construction Commissioning Construction Measurement & Verification (M&V) 6 – 9 Months Streamlined implementation – minimizes in-house staff time & delivers quick implementation (6-9 Months) Concept Approval Savings Monitoring Needs Assessment Project Goals Gather Information ̶Budgets /Reports Site Surveys Feasibility Analysis 30 Days Savings M&V Annual Reports Annual Reconciliation Over Term of Agreement Long-Term Partnership Process from Concept through Savings Reconciliation l © 2017 Ameresco, Inc. All rights reserved. Page 12 Request Approval to Proceed City approves Project Development Agreement (PDA) to develop self-funding Energy Savings project ̶Ameresco will complete a Detailed Analysis to identify a self-funding project, or there is No Cost to City of Apple Valley ̶In the event the City of Apple Valley does not move forward with a viable self-funding project, an “exit fee” of $35,000 would be invoiced Deliverables: Project; Scope of work, energy and O&M costs savings, cash flow, & funding options ̶Self-Funding project scope with additional city capital additions Project Timeline Acceptance of PDA August, 2017 Final Scope and Review of Contract November – December, 2017 Energy Service Agreement December, 2017 Construction Phase II January – September, 2018 Your Trusted Sustainability Partner. Please visit our website www.ameresco.com Services Press Releases Case Studies Videos Brian Cornelisse Business Development Manager Cell: 952.303.9384 Office: 612.315.6937 bcornelisse@Ameresco.com Ameresco-Midwest Region 9855 West 78th Street, Suite 310 Eden Prairie, MN 55344 THANK YOU 2014-2015 Apple Valley - Ameresco Project Your Trusted Sustainability Partner. Back up Slides l © 2017 Ameresco, Inc. All rights reserved. Page 15 Date of Presentation Energy Savings Performance Contracting Minnesota State Statute §471.345 Energy Efficiency Projects Energy savings pay for infrastructure improvements Energy savings guaranteed Take advantage of grants, utility rebates, local incentives, etc. Self-funded with little or no capital Project Guaranteed up to 20 Year Term Flexible and Competitive Financial packages 100% 75% 50% 25% 0% BEFORE DURING AFTER Annual Utility Bill (Pre-Project) Annual Facilities Savings (Project Benefit) Financial Payments (Performance Period) CHANGES TO YOUR ANNUAL UTILITY BUDGET Potential for “Deeper” Facility Upgrades l © 2017 Ameresco, Inc. All rights reserved. Page 16 Preliminary Energy Savings Project : 2017 / 2018 Leveraging Energy Savings Estimated Project size $3.8 - $4.7 M Est Annual Cost Savings $90 - $110K Utility Rebates Estimate (one time only) $140 K School District Contribution (Ice Arena) ~ $1M 20-Year Term Savings $1.8M - $2.2M Passenger vehicles off the road (20 years) 3,160 Metric tons of CO2 removed 10,840 Project Combines Energy Savings & Capital Improvements for Greatest Benefit to the City l © 2017 Ameresco, Inc. All rights reserved. Page 17 Facility Lighting Improvements – Interior and Exterior Lighting Solutions – City Wide Retrofit Interior/Exterior lighting fixtures w/LED technology (removal of hazards fluorescent light fixtures) Increase use of controls & sensors to optimize operations Optimize light levels Benefits Reduces energy and operating costs Improves overall lighting quality Decreases future O&M and capital cost needs Improves work environment Reduces summer building cooling loads Standardization of lighting types – City wide Improves safety and security l © 2017 Ameresco, Inc. All rights reserved. Page 18 LED Lighting Solutions Replace existing (hazards waste) fluorescent fixtures with new LED fixtures Install lighting controls Benefits Lighting power reduction of two-thirds Reduced arena heat load Broadcast light quality and control Ice Arena Lighting Example of LED Arena Fixture Ice Arena’s – LED Lighting and Controls l © 2017 Ameresco, Inc. All rights reserved. Page 19 LED Street Lights Lighting Solutions Retrofit existing HID street lights with new LED lamp and driver (~100 Poles) City may retain existing light poles Optimize light levels Add meters and convert to a metered rate Continue investigation with the City and Dakota Electric for possible conversion of utility-owned street lights to LED (~3,000 Poles) Benefits Energy cost savings Maintenance cost savings, service life expectancy Decreases future O&M and capital cost needs Improves visibility for safety and security Control options (e.g. ROAM) Dark sky compliant l © 2017 Ameresco, Inc. All rights reserved. Page 20 Boiler Replacement Boiler Replacement Solutions Aquatic Center - Upgrade one of the two boilers with a Cupronickel (CuNi) heat exchanger to improve turndown and reduce boiler cycling Community Center - Replace boilers with high efficiency condensing boiler Municipal Center- Replace boilers with high efficiency condensing boiler Water Treatment – Replace boiler with high efficiency condensing boiler Benefits Energy savings through improved combustion efficiency Reduced future operation and maintenance cost Improved performance Avoided future capital budget dollars as Community Center and Water Treatment boilers are beyond their expected service life Community Center Boilers l © 2017 Ameresco, Inc. All rights reserved. Page 21 Water Conservation – Select Buildings AVHS Urinals with Timed Flush Water Conservation Solutions Replace/Retrofit water fixtures with low-flow devices Replace toilet and urinal china where needed for proper low-flow operation Install tamper proof low-flow aerators Replace showerheads with low-flow devices where necessary Benefits Provide sustainable water and sewer savings that can be measured and verified Provide standardization and simplification for future maintenance Reduced future maintenance costs Aquatic Center Faucets l © 2017 Ameresco, Inc. All rights reserved. Page 22 Building Control Improvements – Select Buildings Benefits Energy consumption/costs reduction Enhanced operator control 24/7 system wide troubleshooting and monitoring Demand Control Ventilation Improved comfort / work environment Historical trending for operational costs analysis Building Control Solutions Recommission existing controls, optimize occupied space set back operations and settings Standardize city wide control set points Upgrade graphical display for easy operation, monitoring and reports l © 2017 Ameresco, Inc. All rights reserved. Page 23 Motor & Speed Control Improvements – Aquatic Center Motor and Speed Control Upgrade pool circulation motors with high efficiency Provide variable speed drives to control flow and soft start Benefits Energy consumption/costs reduction Increases equipment/motor life cycle Improved operational control of building/equipment Capital cost avoidance for equipment replacement (old motors) Circulation pumps at Aquatics Center l © 2017 Ameresco, Inc. All rights reserved. Page 24 Mechanical Insulation Improvements – Select Buildings Mechanical Insulation Solutions Insulate Exposed Piping and Equipment Piping Valves Pumps Flanges Benefits Reduces thermal loss Increase comfort Electric Water Heater at Liquor Store #1 Heating Water Pumps Example: Insulated Piping, Valves, Pumps, and Flanges l © 2017 Ameresco, Inc. All rights reserved. Page 25 Building Envelope Improvements – Select Buildings Infiltration Solutions Garage Door Weather-Stripping Address window leaks/insulation needs Seal wall penetrations and air leaks New caulk/add weather-stripping Benefits Reduce energy costs Eliminate drafts Moisture barrier Example: wall penetrations Missing Weather-Stripping at Fire Station #2 l © 2017 Ameresco, Inc. All rights reserved. Page 26 Vending Machine Controls – Select Buildings Vending Machine Solution Add controls to turn off vending machine lights based on occupancy Benefits Reduce energy costs AVHS Arena Vending Machine Example of Control Sensor l © 2017 Ameresco, Inc. All rights reserved. Page 27 Athletic Field Lighting Replacement Lighting Solutions Replace field and parking lot lighting fixtures w/LED technology Benefits Reduces energy and operating costs Improves overall lighting quality Decreases future O&M and capital cost needs LEDs are “Instant On” and don’t require a warm-up cycle Standardization of lighting type l © 2017 Ameresco, Inc. All rights reserved. Page 28 Ice Arena Upgrades Existing AVHS Ice Chiller Apple Valley Sports Arena Solutions Replace chiller (42 years old) and DX floor Isolate rink from lobby and offices with vestibule doors Eliminate the need for the phased out refrigerant (R-22) Hayes Solutions Replace cooling tower Provide ventilation and cooling Benefits Reduce refrigerant costs Save electricity Decreases future O&M and capital cost needs l © 2017 Ameresco, Inc. All rights reserved. Page 29 Existing Equipment Not Functional or End of Service Life Fire Station #1 Roof-Top Unit Heat exchanger is reportedly cracked Missing thermostat Damaged condenser fins Manufactured in 1993 (24 years old) Typical useful life is 15 years Benefits Improves occupant comfort – higher use Fire Station Some cooling efficiency improvement Decreases future O&M and capital cost needs Existing Fire Station #1 RTU l © 2017 Ameresco, Inc. All rights reserved. Page 30 Solar PV – Various Installation/Procurement Methods CSG Subscription Community Solar Garden (CSG) Availability (county or adjacent county location) No Land Required No Financing Required 25 yr. Subscription Required CSG On-site Land Required Subscribers Required Hire project developer Economics $/kWh Purchase Power Agreement Purchase Output for 25 years Land Required Economics $/kWh Customer Owned Solar PV Land Required Financing Required Economics $/kWh Hire project developer Hire project developer $/kWh All Solar PV must be Economically Driven l © 2017 Ameresco, Inc. All rights reserved. Page 31 Solar PV Opportunities Solar PV Solutions Replace 21-year old roof, budgeted for 2018 Install approximately 150 kW-DC ballasted solar PV panels for an estimated production of 190 MWh annually Benefits Renewable energy Hedge against increased utility rates Solar Opportunity at Hayes Old and Damaged Roof at Hayes l © 2017 Ameresco, Inc. All rights reserved. Page 32 Project ECM Summary l © 2017 Ameresco, Inc. All rights reserved. Page 33 Project Cash Flow Summary I T E M: 4. C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:I nf ormal Agenda I tem Description: Discuss 2018 Convention and Visitor's B ureau B udget (20 min.) S taff Contact: Charles Grawe, A ssistant City Administrator D epartment / Division: Administration / I nf ormation Technologies AC T I O N RE Q UE S T E D: N/A S UM M ARY: Since the inception of the Apple Valley C onvention and Visitor's Bureau (C VB), the City has contracted with the Apple Valley C hamber of C ommerce to conduct the C VB activities on the C ity's behalf. T he C VB typically submits a budget to the C ity C ouncil for approval around December of each year. Members of the C ouncil have expressed an interest in meeting with the C hamber President earlier in the budget formation process to better understand C VB strategies and provide input on the development of the 2018 budget. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 4.A . C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A pprove Minutes of J uly 27, 2017, Regular Meeting S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve the minutes of the regular meeting of J uly 27, 2017. S UM M ARY: T he minutes from the last regular C ity Council meeting are attached for your review and approval. B AC K G RO UND : State statute requires the creation and preservation of meeting minutes which document the official actions and proceedings of public governing bodies. B UD G E T I M PAC T: N/A AT TAC HM E NT S: Agreement CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2017 Minutes of the regular meeting of the City Council of Apple Valley, Dakota County, Minnesota, held July 27, 2017, at 7:00 o’clock p.m., at Apple Valley Municipal Center. PRESENT: Mayor Hamann-Roland; Councilmembers Bergman, Goodwin, Grendahl, and Hooppaw. ABSENT: None. City staff members present were: City Administrator Lawell, City Clerk Gackstetter, City Attorney Dougherty, City Engineer Anderson, Police Captain Bermel, Parks and Recreation Director Bernstein, Planner Bodmer, Police Captain Francis, Assistant City Administrator Grawe, Human Resources Manager Haas, Finance Director Hedberg, Community Development Director Nordquist, Public Works Director Saam, and Fire Chief Thompson. Mayor Hamann-Roland called the meeting to order at 7:00 p.m. Everyone took part in the Pledge of Allegiance to the flag. APPROVAL OF AGENDA MOTION: of Bergman, seconded by Grendahl, moving consideration of item 4.G - Authorize Staff to Prepare and Negotiate Lease Terms with Tenants at Old City Hall, and 4.J - Adopt Resolution Approving Plans and Specifications for Project 2017-162, Hayes Arena Stormwater Retrofits, and Authorizing Advertising for Receipt of Bids at 10:00 a.m. on August 15, 2017, to the regular agenda; and approving the agenda for tonight’s meeting, as amended. Ayes - 5 - Nays - 0. AUDIENCE Mayor Hamann-Roland asked if anyone was present to address the Council, at this time, on any item not on this meeting’s agenda. No one requested to speak. CONSENT AGENDA Mayor Hamann-Roland asked if the Council or anyone in the audience wished to pull any item from the consent agenda. There were no requests. MOTION: of Goodwin, seconded by Grendahl, approving all remaining items on the consent agenda. Ayes - 5 - Nays - 0. CONSENT AGENDA ITEMS MOTION: of Goodwin, seconded by Grendahl, approving the minutes of the regular meeting of July 13, 2017, as written. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2017 Page 2 MOTION: of Goodwin, seconded by Grendahl, approving issuance of a lawful gambling exempt permit, by the State Gambling Control Board, to Apple Valley Ducks Unlimited, Chapter 185, for use on September 13, 2017, at Bogart’s/Apple Place Bowl, 14917 Garrett Avenue, and waiving any waiting period for State approval. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving issuance of a Temporary On-Sale 3.2 Percent Malt Liquor License to Apple Valley American Legion, Post 1776, for use on September 9, 2017, at the American Legion, outdoors at 14521 Granada Drive, as described in the City Clerk’s memo. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2017-112 setting a public hearing, at 7:00 p.m., on August 24, 2017, on the application for a new On- Sale Intoxicating Liquor License and Special License for Sunday Liquor Sales by MJA Restaurants Apple Valley, LLC, d/b/a PR’S Sports Bar. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving receipt of the 2018 Financial Requirements of the Apple Valley Firefighters Relief Association, as attached to the Fire Chief’s memo. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the reduction of financial guarantee for Quarry Ponds Fourth Addition from $487,925.00 to $311,161.80, as listed in the Community Development Department Assistant’s memo. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2017-113 approving the final plat of Valley Middle School, 900 Garden View Drive, and waiving the requirement for a development agreement. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2017-114 approving plans and specifications for Project 2017-110, 2017 Utility Improvements, and authorizing advertising for receipt of bids, at 10:00 a.m., on August 15, 2017. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2017-116 amending plans and specifications for Project 2016-138, 2016 Galaxie Avenue and 140th Street Traffic Signal Improvements. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, adopting Resolution No. 2017-117 awarding the Agreement for Project 2017-135, CSAH 42 and Embry Path Intersection Improvements, with Max Steininger, Inc., the lowest responsible bidder, in the amount of $624,305.10. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Water Quality Improvement Cost Share Program Agreement with Maxwell and Christine Chessler for CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2017 Page 3 raingarden and native garden installation at 6905 135th Street Court, not to exceed $500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement for Project 2017- 173, 2017 Water Break-Gate Valve Repairs, with Krueger Excavating, Inc., in the amount of $39,500.00, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the Agreement with Terri E. Langfus, for Holyoke Area Drainage Improvements, on Lot 1, Block 2, Palomino Lakeside Meadows 3rd Addition, 13933 Holyoke Court, and authorizing the Mayor and City Clerk to sign the same. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the Agreement with Keys Well Drilling Company, with a deduction of $4,690.00; and accepting Project 2016-182, Well Pumps 5, 10, 14, and Low Zone Pump 2 Maintenance as complete, and authorizing final payment in the amount of $3,609.25. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving Change Order No. 1 to the Agreement with Sewer Services, Inc., with a deduction of $14,161.00; and accepting Project 2017-150, 2017 Sump Catch Basin Cleaning as complete, and authorizing final payment in the amount of $67,949.00. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, approving the hiring, promotion, and acting assignment of seasonal, part-time, and full time employees, and accepting retirements and resignations, as listed in the Personnel Report dated July 27, 2017. Ayes - 5 - Nays - 0. MOTION: of Goodwin, seconded by Grendahl, to pay the claims and bills, check registers dated July 6, 2017, in the amount of $1,514,382.97; and July 13, 2017, in the amount of $1,129,798.06. Ayes - 5 - Nays - 0. END OF CONSENT AGENDA MIKE MAGUIRE RECOGNITION On behalf of the City Council, Mayor Hamann-Roland presented past Economic Development Authority (EDA) Board Member Mike Maguire with a certificate in appreciation of his volunteer service on the Apple Valley EDA. MOTION: of Grendahl, seconded by Bergman, accepting the resignation of Economic Development Authority Board Member Mike Maguire and thanking him for his dedicated service to the City of Apple Valley. Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2017 Page 4 Apple Valley Chamber of Commerce President Ed Kearney recognized Mr. Maguire as a past Chair of the Chamber of Commerce Board and commended him on his leadership and many contributions to the community. Mr. Nordquist also thanked Mr. Maguire and presented him with his EDA name plaque. NIGHT TO UNITE Police Captain Francis reviewed the agenda of activities planned for “Night to Unite” which will be held on August 1, 2017. He invited everyone to attend a picnic sponsored by the Business Watch program, from 11:30 a.m. to 1:30 p.m., at Kelley Park. Visits by the Councilmembers and Police and Fire Departments to neighborhood events will begin at 5:00 p.m., and continue throughout the evening. There are approximately 100 neighborhood parties registered so far. Anyone interested in scheduling a neighborhood party should contact Crime Prevention Specialist Pam Walter. He then read the proclamation. MOTION: of Hooppaw, seconded by Bergman, proclaiming August 1, 2017, as “Night to Unite” and encouraging citizens to participate in and support the crime prevention efforts this opportunity offers. Ayes - 5 - Nays - 0. VILLAGE POINTE PLAZA/ZVAGO APPLE VALLEY Ms. Bodmer reviewed the request by OneTwoOne Development, LLC, and the City of Apple Valley for consideration of amendments to PD-739 and a subdivision by preliminary plat for construction of a 58-unit senior cooperative building on the southwest corner of Galaxie Avenue and 153rd Street at 7070 153rd Street W. She said today an additional request was received for a reduction in parking stall length from 20 feet to 18 feet. She then reviewed the questions asked at the public hearing held by the Planning Commission on August 17, 2016. On June 21, 2017, the Planning Commission voted unanimously to recommend approval of the project. Discussion followed. Councilmember Hooppaw indicated his preference would be to resolve the parking stall length issue this evening. He then suggested staff look at the ordinance as it applies to other areas of the City and amend the ordinance as necessary. Discussion continued. MOTION: of Goodwin, seconded by Grendahl, passing Ordinance No. 1030 rezoning Lot 1, Block 2, Village Pointe Plaza, from PD-739, Zone 2 (Planned Development) to PD-739, Zone 1 (Planned Development). Ayes - 5 - Nays - 0. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2017 Page 5 MOTION: of Bergman, seconded by Hooppaw, passing Ordinance No. 1031 rezoning Outlot A, Village Pointe Plaza, from PD-739, Zone 2 (Planned Development) to PD-739, Zone 4 (Planned Development). Ayes - 5 - Nays - 0. MOTION: of Hooppaw, seconded by Grendahl, amending the draft ordinance language to include a reduction in garage stall length to 18 feet, waiving the procedure for a second reading, and passing Ordinance No. 1032 amending PD-739 (Planned Development), regulating parking design and maintenance, as amended. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Hooppaw, directing staff to prepare a Planned Development Agreement. Ayes - 5 - Nays - 0. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-118 approving a subdivision by preliminary plat of Village Pointe Plaza, with conditions as recommended by the Planning Commission. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, approving the First Amendment of the Metropolitan Livable Communities Act Livable Communities Demonstration Account (LCDA) Grant Agreement. Ayes - 5 - Nays - 0. Mr. Tim Nichols, of OneTwoOne Development, LLC, said they are excited about this opportunity and the nice things they will be bringing back to the City Council in the future. LEASE AT OLD CITY HALL Mr. Nordquist introduced this item and provided a brief history. He then presented the scope of work for the old City Hall building. He noted the planning is currently for two tenants: St. Mary’s University and MacPhail. Discussion followed. Councilmember Grendahl said she supports this and encouraged Mr. Nordquist to do the best job he can to negotiate the terms of the lease. Councilmember Hooppaw stated he has no objection with the proposed tenants. He questioned whether the right way to go about having higher education in the City of Apple Valley is by having the City be the landlord and building owner. Since all the expenses are not yet known, it has the potential to put the City at risk if the funding for repairs comes out of the General Fund. He asked if there was a way to put ownership of the building in the hands of those who are going to use it, and require them to use it for a specified period of time as well as maintain the building. That way the tenants assume the risk. He said he cannot support going into lease negotiations until this matter is fully vetted, and he does not believe it has been fully vetted. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2017 Page 6 Councilmember Bergman also said he is in favor of St. Mary’s and MacPhail being here; however, he has concerns with the building and believes there may be hidden costs to the project. He cannot support moving forward until the plans have been fully vetted. Councilmember Goodwin said he thinks it is a great use. He recalled a comment from one of the proposed tenants that specifically stated he likes the building the way it is and suggested leaving it alone. Councilmember Grendahl noted MacPhail needs to move very quickly, so there is not much time. Discussion continued. MOTION: of Grendahl, seconded by Hamann-Roland, authorizing staff to prepare and negotiate lease terms with tenants at Old City Hall, 14200 Cedar Avenue, as described in the Community Development Director’s memo. Mayor Hamann-Roland stated the neighborhood loves this use and the feedback she has received supports this. She believes it is a good decision. The City Council continued discussion. Vote was taken on the motion: Ayes - 3 - Nays - 2 (Bergman and Hooppaw). HAYES ARENA STORMWATER RETROFITS Councilmember Bergman noted Valleywood Golf Course had to pay for paving its parking lot while the funding for paving of the Hayes Arena parking lot is coming out of the General Fund. He said he would like the City Council and staff to develop a pavement management plan for all City buildings. Mr. Anderson provided information regarding the grant received for this project. MOTION: of Grendahl, seconded by Hooppaw, adopting Resolution No. 2017-115 approving plans and specifications for Project 2017-162, Hayes Arena Stormwater Retrofits, and authorizing advertising for receipt of bids, at 10:00 a.m., on August 15, 2017. Ayes - 5 - Nays - 0. STAFF ITEMS Mr. Lawell invited the public to the “Music in Kelley Park” concert series on Friday nights from 6:00 p.m. to 9:00 p.m. With the resignation of Mike Maguire from the Economic Development Authority (EDA), he asked if the City Council would like to solicit applications for the EDA. CITY OF APPLE VALLEY Dakota County, Minnesota July 27, 2017 Page 7 Due to vacations over the summer months, Mayor Hamann-Roland suggested leaving the vacancy open until sometime in September. Discussion followed. MOTION: of Bergman, seconded by Grendahl, directing staff to post the Economic Development Authority vacancy and inviting individuals interested in serving on the Committee to submit an application to the City Clerk by September 14, 2017. Ayes - 5 - Nays - 0. Councilmember Grendahl commented on the Dakota County Shelter Leadership Work Group. She suggested the County consolidate some of their members and include representatives from the various cities. The City Council and staff further discussed this topic. CALENDAR OF UPCOMING EVENTS MOTION: of Grendahl, seconded by Hooppaw, approving the calendar of upcoming events as included in the Deputy City Clerk’s memo, and noting that each event listed is hereby deemed a Special Meeting of the City Council. Ayes - 5 - Nays - 0. MOTION: of Bergman, seconded by Goodwin, to adjourn. Ayes - 5 - Nays - 0. The meeting was adjourned at 8:29 o’clock p.m. Respectfully Submitted, /s/ Pamela J. Gackstetter Pamela J. Gackstetter, City Clerk Approved by the Apple Valley City Council on . Mary Hamann-Roland, Mayor I T E M: 4.B . C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Accepting Donation f rom Target C orporation for Use by P olice D epartment S taff Contact: Nick Francis, P olice C aptain D epartment / D ivision: P olice Department AC T I O N RE Q UE S T E D: Adopt resolution accepting a donation of $1,500.00 from Target C orporation for use by the Police Department. S UM M ARY: T he Police Department applied for a grant from Target C orporation to offer additional support to our annual Shop With a C op effort. A $1,500.00 grant was awarded. T he police department plans to use this donation to help provide gifts and support for needy families during the next holiday season. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution CITY OF APPLE VALLEY RESOLUTION NO. 2017- A RESOLUTION ACCEPTING DONATION WHEREAS, the City Council of Apple Valley encourages public donations to help defray costs and improve the quality of life in Apple Valley; and WHEREAS, Target Corporation has offered to donate $1,500 to the Police Department to support police department community outreach programs; and WHEREAS, Minnesota Statutes 465.03 requires that all gifts and donations of real or personal property be accepted only with the adoption of a resolution approved by two-thirds of the members of the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, that this donation is hereby accepted for use by the City. BE IT FURTHER RESOLVED that the City sincerely thanks Target Corporation for the gracious and generous donation and their support of the Police Department’s efforts in the community. ADOPTED this 10th day of August, 2017. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ____________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.C. C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A pprove S tate Gambling E xempt Permits for A pple Valley A merican L egion A uxiliary, Unit 1776, at Apple Valley A merican L egion, Post 1776 S taff Contact: P amela J . G ackstetter, C ity C lerk D epartment / D ivision: C ity C lerk’s Office AC T I O N RE Q UE S T E D: Approve issuance of a lawful gambling exempt permits, by the State Gambling C ontrol Board, to A pple Valley American Legion Auxiliary, Unit 1776, for use on September 9, 2017, October 14, 2017, J anuary 13, 2018, March 10, 2018, and May 5, 2018, at American Legion, Post 1776, 14521 Granada Drive, and waiving any waiting period for State approval. S UM M ARY: Apple Valley American Legion Auxiliary, Unit 1776, submitted five applications for gambling events to be held at American Legion, Post 1776, 14521 Granada Drive, on: 1. September 9, 2017 2. October 14, 2017 3. J anuary 13, 2018 4. March 10, 2018 5. May 5, 2018 T he applications are on file should you wish to review them. B AC K G RO UND : Exempt permits to conduct lawful gambling activities, on five or fewer days in a calendar year, for qualified nonprofit organizations, are issued by the State G ambling C ontrol Board. Issuance is subject to approval or denial by the city in which the gambling activity is to be conducted. B UD G E T I M PAC T: N/A I T E M: 4.D. C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution L evying 2017 S pecial A ssessment R oll No. 651, $1,605,220.00 - 157th S treet/J ohnny Cake Ridge R oad I mprovements S taff Contact: Cathy B roughten, A ssistant F inance Director D epartment / D ivision: F inance Department AC T I O N RE Q UE S T E D: Adopt the resolution approving and levying 2017 Special A ssessment Roll No. 651, 157th Street/J ohnny C ake Ridge Road Improvements, in the amount of $1,605,220.00. S UM M ARY: Attached please find the documents for the 2017 Special Assessment Roll No. 651 for the 157th & J ohnny C ake Ridge Road public improvement project 2015-103. T he final payments have been made on the contract and the benefited properties are now being assessed. A public hearing is not necessary since an agreement was signed by Quarry Ponds Estates, LLC, on J uly 10, 2014, to waive their right to object to or appeal the assessments. T hey also further waived the notice of hearing on the assessments. T he total assessment is $1,605,220. T he balance will be submitted to D akota C ounty to be levied on the 2018 property tax statement. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution Exhibit Exhibit R eport R eport EXTRACT OF MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF APPLE VALLEY, DAKOTA COUNTY MINNESOTA, HELD ON AUGUST 10, 2017 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Apple Valley, Dakota County, Minnesota, was held at the Municipal Center in said municipality on the 10th day of August, 2017, at 7:00 o'clock p.m. The following members were present: and the following were absent: Member introduced Resolution No. 2017-xxx and moved its adoption: * * * * * * * * * * * * CITY OF APPLE VALLEY RESOLUTION NO. 2017- RESOLUTION APPROVING THE ADOPTION AND LEVYING OF SPECIAL ASSESSMENTS WHEREAS, the property owners, Quarry Ponds Estates LLC, signed a Waiver to Objection to Special Assessments agreement on July 10, 2014. BE IT THEREFORE RESOLVED by the City Council of the City of Apple Valley, Dakota County, Minnesota, as follows: 1. The Assistant Finance Director has calculated the amount proper and necessary to be specially assessed for improvements in the areas described, as set forth in Exhibit A, against every assessable lot, piece or parcel of land affected thereby upon the basis of benefits without regard to cash valuation in accordance with the provisions of Minnesota Statutes Annotated, Section 429. 2. This Council, finds each of the lots, pieces and parcels of land enumerated in the proposed assessment rolls, in the aggregate amount of $1,605,220, was and is specially benefited by an increase in the market value of the properties by the construction of said improvement is not less than the amount of assessment set opposite the description of each 2 lot, piece and parcel of land, respectively, and that such amount so set out is hereby levied against each of the respective lots, pieces and parcels of land described in Exhibit B. 3. The proposed assessment rolls are hereby adopted and confirmed as the proper special assessments for each of said lots. Each assessment, together with interest at the rates set forth in Exhibit A, accruing on the full amount thereof, from time to time unpaid, shall be a lien concurrent with one (1) year’s interest on that and other unpaid installments to be payable with the general taxes for each consecutive year thereafter until the entire assessment is paid. 4. The Assistant Finance Director shall, as soon as may be, prepare and transmit to the County Auditor, a Special Assessment Input form as may be prescribed by the County Auditor, to be extended upon the proper tax lists of the County and the County Auditor shall thereafter collect said assessments in the manner provided by law. ADOPTED this 10th day of August, 2017. ___________________________________ Mary Hamann-Roland, Mayor ATTEST: _______________________________ Pamela J. Gackstetter, City Clerk * * * * * * * * * * * * The motion for the adoption of the foregoing Resolution was duly seconded by Member xxx upon a vote being taken thereon, the following voted in favor: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted on the 10th day of August, 2017. Exhibit A CITY OF APPLE VALLEY RESOLUTION NUMBER 2017- The assessments against each piece of property will be payable, in equal, consecutive annual installments as hereinafter specified. The first of said installments will be payable with the general taxes collectible during the year 2018. Interest shall be added at the per annum rate specified on the entire assessment from the date of the resolution levying the assessment until December 31, 2018. Each subsequent installment will be payable with one year's interest at said rates on all unpaid installments. Roll 651 – Five (5) Installments at 5.00% Street improvements totaling $1,605,220. This includes the following: QUARRY PONDS PID#01-61600 Lots 1-8, Block 1; Lots 1-6, Block 2 totaling $64,624. QUARRY PONDS SECOND ADDITION PID#01-61601 Lots 1-14, Block 1 totaling $64,624. QUARRY PONDS THIRD ADDITION PID#01-61602 Lots 1-5, Block 1 totaling $23,080. REGENTS POINT PID#01-63440 Lots 1-12, Block 1; Lots 1-13, Block 2; Lots 1-8, Block 3; and Lots 1-8, Block 4 totaling $183,106. REGENTS POINT 2ND ADDITION PID#01-63441 Lots 1-4, Block 1; Lots 1-10, Block 2; Lots 1- 12, Block 3; and Lots 1-7, Block 4 totaling $147,378. UNPLATTED PID#01-03500-75-013 totaling $338,536. CITY COSTS totaling $783,872. The area proposed to be assessed is every lot, piece and parcel of land benefited by said connection based upon the benefits received and agreement with the Landowner. DATED this 10th day of August, 2017. Pamela J. Gackstetter, City Clerk City of Apple Valley 7100 147th Street West Apple Valley, Minnesota 55124 Exhibit B CITY OF APPLE VALLEY Resolution No. 2017- Table of Contents Adopted Asmt Bond Total Council 8/10/17 Project Business Roll Fund As of Changes Certified to Amounts Number Unit Number Number 8/10/2017 (If Any)Auditor Prepaid Net Individual Rolls 157th St/JCRR Improvements 2015103 4502 651 4500 1,605,220 - 1,605,220 - 1,605,220 TOTAL DETAIL 1,605,220 - 1,605,220 - 1,605,220 CITY OF APPLE VALLEYASSESSMENT ROLLDate: 8/10/17Project Name:157th Street/JCRR ImprovementsAsmt Roll No.: 651Project Number:2015103Regents PointRegents Point 2nd01-63440 Lots 1-12 Bl 101-63441 Lots 1-4 Bl 1Quarry 4thQuarryQuarry 2ndQuarry 3rd01-63440 Lots 1-13 Bl 201-63440 Lots 1-10 Bl 201-61603 Lots 1-8 Bl 101-6160001-6160101-6160201-63440 Lots 1-8 Bl 301-63440 Lots 1-12 Bl 301-61603 Lots 1-8 Bl 2FischerFischerLots 1-14 Bl 1Lots 1-14 Bl 1Lots 1-5 Bl 101-63440 Lots 1-8 Bl 401-63440 Lots 1-7 Bl 401-61603 Lots 1-6 Bl 301-03500-52-01401-03500-75-013City CostsTotalA. Construction Start Date7/10/20147/10/20147/10/20147/10/20147/10/20147/10/20147/10/20147/10/20147/10/2014B. Assessment Date6/22/20176/22/20176/22/20176/22/20176/22/20176/22/20176/22/20176/22/20176/22/2017C. Number of Days (A to B)D. Interim Interest Rate3.03.03.03.03.03.03.03.03.0E. AcreageN/AN/AN/AN/AN/AN/AN/AN/AN/AF. CONSTRUCTION CONTRACT 1. Street Improvements48,846 48,846 17,445 138,413 111,408 - - 255,925 592,623 1,213,506 2. Laterals- - - - - - - - - - 3. City Trunks- - - - - - - - - - 4. TOTAL48,846 48,846 17,445 138,413 111,408 - - 255,925 592,623 1,213,506 G. OVERHEAD 1. Street Improvements15,117 15,117 5,399 42,838 34,478 - - 79,205 183,408 375,562 2. Laterals- - - - - - - - - - 3. City Trunks- - - - - - - - - - 4. Subtotal15,117 15,117 5,399 42,838 34,478 - - 79,205 183,408 375,562 5. Less Developer Deposits- - - - - - - - - - 6. Less City Trunks- - - - - - - - - - 7. TOTAL15,117 15,117 5,399 42,838 34,478 - - 79,205 183,408 375,562 H. PROJECT TOTAL COSTS63,963 63,963 22,844 181,251 145,886 - - 335,130 776,031 1,589,068 I. LESS F(3) AND G(3)- - - - - - - - - - J. TOTAL ASSESSABLE COSTS63,963 63,963 22,844 181,251 145,886 - - 335,130 776,031 1,589,068 K. INTERIM INTEREST650 650 232 1,842 1,484 - - 3,406 7,888 16,152 L. DAKOTA COUNTY ASMT CHARGE- - - - - - - - - - M. SAN TrunksNote 1Note 1Note 1Note 1Note 1Note 1Note 1Note 1Note 1Note 1N. WAT TrunksNote 1Note 1Note 1Note 1Note 1Note 1Note 1Note 1Note 1Note 1O. STM Trunks - Multiple/CommclNote 1Note 1Note 1Note 1Note 1Note 1Note 1Note 1Note 1Note 1P. AMT EXCEEDING ASMT CAP- - - - - - - - - - Q. ASSESSMENT TOTAL64,613 64,613 23,076 183,093 147,370 - - 338,536 783,919 1,605,220 R. No. of Lots/Parcels14 14 5 41 33 22 1 1 S. PER LOT/PARCEL4,616$ 4,616$ 4,616$ 4,466$ 4,466$ 1$ -$ 338,536$ T. ASSESSMENT TERM 1. 5 Years - 5% (Roll No. 651)64,613$ 64,613$ 23,076$ 183,093$ 147,370$ -$ -$ 338,536$ 783,919$ 1,605,220 2. 10 Years - - - - - - - - - - 4. ASSESSMENT TOTAL64,624$ 64,624$ 23,080$ 183,106$ 147,378$ -$ -$ 338,536$ 783,872$ 1,605,220$ Note 1 - Not applicable for this project. 08/10/17 District 01 SA Project #010651 157th/JCRR Imprv Number of Years 5 First Year Int Rate .07000 .05000 (5 decimal places, ie. 7% = .07000) 821,348.00$ Check Activity : New Assessment x Assessment Chg REMINDER: All one year special assessment amounts must end with even cents (so that the amount can be split into two equal installments on the tax statement). PID #SA YEAR (new format)Proj #SA DEFERRED CERTIFIED ACTION (no spaces or dashes) (6 digits)AMOUNT CODE (current yr)CODE 016160001010 010651 4616.00 2017 A 016160001020 010651 4616.00 2017 A A Add 016160001030 010651 4616.00 2017 A C Change 016160001040 010651 4616.00 2017 A D Delete 016160001050 010651 4616.00 2017 A 016160001060 010651 4616.00 2017 A 016160001070 010651 4616.00 2017 A O Old Parcel 016160001080 010651 4616.00 2017 A N New Parcel 016160002010 010651 4616.00 2017 A 016160002020 010651 4616.00 2017 A 016160002030 010651 4616.00 2017 A S Sr Citizen 016160002040 010651 4616.00 2017 A C City Def 016160002050 010651 4616.00 2017 A 016160002060 010651 4616.00 2017 A 016160101010 010651 4616.00 2017 A 016160101020 010651 4616.00 2017 A 016160101030 010651 4616.00 2017 A QUARRY (5 decimal places, ie. 7% = .07000) SPECIAL ASSESSMENTS INPUT FORM Date SA Name (10 characters including spaces) Regular Int Rate DEFERRED CODE TOTAL ASSESSMENT AMOUNT Assessment Delete 1 Year Delinquent Annuals Division # ACTION CODE FOR DIVISIONS 08/10/17 District 01 SA Project #010651 157th/JCRR Imprv Number of Years 5 First Year Int Rate .07000 .05000 (5 decimal places, ie. 7% = .07000) 821,348.00$ Check Activity : New Assessment x Assessment Chg REMINDER: All one year special assessment amounts must end with even cents (so that the amount can be split into two equal installments on the tax statement). PID #SA YEAR (new format)Proj #SA DEFERRED CERTIFIED ACTION (no spaces or dashes) (6 digits)AMOUNT CODE (current yr)CODE (5 decimal places, ie. 7% = .07000) SPECIAL ASSESSMENTS INPUT FORM Date SA Name (10 characters including spaces) Regular Int Rate TOTAL ASSESSMENT AMOUNT Assessment Delete 1 Year Delinquent Annuals Division # 016160101040 010651 4616.00 2017 A 016160101050 010651 4616.00 2017 A 016160101060 010651 4616.00 2017 A 016160101070 010651 4616.00 2017 A 016160101080 010651 4616.00 2017 A 016160101090 010651 4616.00 2017 A 016160101100 010651 4616.00 2017 A 016160101110 010651 4616.00 2017 A 016160101120 010651 4616.00 2017 A 016160101130 010651 4616.00 2017 A 016160101140 010651 4616.00 2017 A 16160201010 010651 4616.00 2017 A 16160201020 010651 4616.00 2017 A 16160201030 010651 4616.00 2017 A 16160201040 010651 4616.00 2017 A 16160201050 010651 4616.00 2017 A QUARRY 2ND QUARRY 3RD 08/10/17 District 01 SA Project #010651 157th/JCRR Imprv Number of Years 5 First Year Int Rate .07000 .05000 (5 decimal places, ie. 7% = .07000) 821,348.00$ Check Activity : New Assessment x Assessment Chg REMINDER: All one year special assessment amounts must end with even cents (so that the amount can be split into two equal installments on the tax statement). PID #SA YEAR (new format)Proj #SA DEFERRED CERTIFIED ACTION (no spaces or dashes) (6 digits)AMOUNT CODE (current yr)CODE (5 decimal places, ie. 7% = .07000) SPECIAL ASSESSMENTS INPUT FORM Date SA Name (10 characters including spaces) Regular Int Rate TOTAL ASSESSMENT AMOUNT Assessment Delete 1 Year Delinquent Annuals Division # 016344001010 010651 4466.00 2017 A 016344001020 010651 4466.00 2017 A 016344001030 010651 4466.00 2017 A 016344001040 010651 4466.00 2017 A 016344001050 010651 4466.00 2017 A 016344001060 010651 4466.00 2017 A 016344001070 010651 4466.00 2017 A 016344001080 010651 4466.00 2017 A 016344001090 010651 4466.00 2017 A 016344001100 010651 4466.00 2017 A 016344001110 010651 4466.00 2017 A 016344001120 010651 4466.00 2017 A 016344002010 010651 4466.00 2017 A 016344002020 010651 4466.00 2017 A 016344002030 010651 4466.00 2017 A 016344002040 010651 4466.00 2017 A 016344002050 010651 4466.00 2017 A 016344002060 010651 4466.00 2017 A 08/10/17 District 01 SA Project #010651 157th/JCRR Imprv Number of Years 5 First Year Int Rate .07000 .05000 (5 decimal places, ie. 7% = .07000) 821,348.00$ Check Activity : New Assessment x Assessment Chg REMINDER: All one year special assessment amounts must end with even cents (so that the amount can be split into two equal installments on the tax statement). PID #SA YEAR (new format)Proj #SA DEFERRED CERTIFIED ACTION (no spaces or dashes) (6 digits)AMOUNT CODE (current yr)CODE (5 decimal places, ie. 7% = .07000) SPECIAL ASSESSMENTS INPUT FORM Date SA Name (10 characters including spaces) Regular Int Rate TOTAL ASSESSMENT AMOUNT Assessment Delete 1 Year Delinquent Annuals Division # 016344002070 010651 4466.00 2017 A 016344002080 010651 4466.00 2017 A 016344002090 010651 4466.00 2017 A 016344002100 010651 4466.00 2017 A 016344002110 010651 4466.00 2017 A 016344002120 010651 4466.00 2017 A 016344002130 010651 4466.00 2017 A 016344003010 010651 4466.00 2017 A 016344003020 010651 4466.00 2017 A 016344003030 010651 4466.00 2017 A 016344003040 010651 4466.00 2017 A 016344003050 010651 4466.00 2017 A 016344003060 010651 4466.00 2017 A 016344003070 010651 4466.00 2017 A 016344003080 010651 4466.00 2017 A 016344004010 010651 4466.00 2017 A 016344004020 010651 4466.00 2017 A 016344004030 010651 4466.00 2017 A 08/10/17 District 01 SA Project #010651 157th/JCRR Imprv Number of Years 5 First Year Int Rate .07000 .05000 (5 decimal places, ie. 7% = .07000) 821,348.00$ Check Activity : New Assessment x Assessment Chg REMINDER: All one year special assessment amounts must end with even cents (so that the amount can be split into two equal installments on the tax statement). PID #SA YEAR (new format)Proj #SA DEFERRED CERTIFIED ACTION (no spaces or dashes) (6 digits)AMOUNT CODE (current yr)CODE (5 decimal places, ie. 7% = .07000) SPECIAL ASSESSMENTS INPUT FORM Date SA Name (10 characters including spaces) Regular Int Rate TOTAL ASSESSMENT AMOUNT Assessment Delete 1 Year Delinquent Annuals Division # 016344004040 010651 4466.00 2017 A 016344004050 010651 4466.00 2017 A 016344004060 010651 4466.00 2017 A 016344004070 010651 4466.00 2017 A 016344004080 010651 4466.00 2017 A 016344101010 010651 4466.00 2017 A 016344101020 010651 4466.00 2017 A 016344101030 010651 4466.00 2017 A 016344101040 010651 4466.00 2017 A 016344102010 010651 4466.00 2017 A 016344102020 010651 4466.00 2017 A 016344102030 010651 4466.00 2017 A 016344102040 010651 4466.00 2017 A 016344102050 010651 4466.00 2017 A 016344102060 010651 4466.00 2017 A 016344102070 010651 4466.00 2017 A 016344102080 010651 4466.00 2017 A REGENTS POINT 08/10/17 District 01 SA Project #010651 157th/JCRR Imprv Number of Years 5 First Year Int Rate .07000 .05000 (5 decimal places, ie. 7% = .07000) 821,348.00$ Check Activity : New Assessment x Assessment Chg REMINDER: All one year special assessment amounts must end with even cents (so that the amount can be split into two equal installments on the tax statement). PID #SA YEAR (new format)Proj #SA DEFERRED CERTIFIED ACTION (no spaces or dashes) (6 digits)AMOUNT CODE (current yr)CODE (5 decimal places, ie. 7% = .07000) SPECIAL ASSESSMENTS INPUT FORM Date SA Name (10 characters including spaces) Regular Int Rate TOTAL ASSESSMENT AMOUNT Assessment Delete 1 Year Delinquent Annuals Division # 016344102090 010651 4466.00 2017 A 016344102100 010651 4466.00 2017 A 016344103010 010651 4466.00 2017 A 016344103020 010651 4466.00 2017 A 016344103030 010651 4466.00 2017 A 016344103040 010651 4466.00 2017 A 016344103050 010651 4466.00 2017 A 016344103060 010651 4466.00 2017 A 016344103070 010651 4466.00 2017 A 016344103080 010651 4466.00 2017 A 016344103090 010651 4466.00 2017 A 016344103100 010651 4466.00 2017 A 016344103110 010651 4466.00 2017 A 016344103120 010651 4466.00 2017 A 016344104010 010651 4466.00 2017 A 016344104020 010651 4466.00 2017 A 016344104030 010651 4466.00 2017 A 016344104040 010651 4466.00 2017 A 08/10/17 District 01 SA Project #010651 157th/JCRR Imprv Number of Years 5 First Year Int Rate .07000 .05000 (5 decimal places, ie. 7% = .07000) 821,348.00$ Check Activity : New Assessment x Assessment Chg REMINDER: All one year special assessment amounts must end with even cents (so that the amount can be split into two equal installments on the tax statement). PID #SA YEAR (new format)Proj #SA DEFERRED CERTIFIED ACTION (no spaces or dashes) (6 digits)AMOUNT CODE (current yr)CODE (5 decimal places, ie. 7% = .07000) SPECIAL ASSESSMENTS INPUT FORM Date SA Name (10 characters including spaces) Regular Int Rate TOTAL ASSESSMENT AMOUNT Assessment Delete 1 Year Delinquent Annuals Division # 016344104050 010651 4466.00 2017 A 016344104060 010651 4466.00 2017 A 016344104070 010651 4466.00 2017 A 010350075013 010651 338536.00 2017 A ASSESSED 821348.00 CITY COSTS 783872.00 (absorb rounding) 1605220.00 UNPLATTED-FISCHER REGENTS POINT 2ND I T E M: 4.E . C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A pprove Reduction of Various F inancial G uarantees S taff Contact: J oan Murphy, D epartment Assistant D epartment / Division: C ommunity D evelopment Department AC T I O N RE Q UE S T E D: Approve the reduction of financial guarantee for Karamella Addition from $170,000.00 to $25,000.00; and the release of financial guarantees for C obblestone Lake 7th Addition and Mount Olivet Second Addition T C F Bank. S UM M ARY: T he City holds numerous financial guarantees to ensure the installation of certain improvements in new developments, as well as to assure protection of natural resources. Staff review of the status of these developments indicates that the following actions are in order: 1.Cobblestone Lake 7th Addition (PC15-13-SZB) LO C #IS0324446U O riginal Deposit on 7/23/15 $359,000.00 Reduced 12/22/15 to $59,000.00 Reduced 11/22/16 to $19,000.00 Reduce now to $0.00 2.Karamella Addition (PC15-26-ZS B) LO C #6323886 O riginal Deposit on 12/22/15 $272,088.00 Reduced 1/12/17 to $170,000.00 Reduce now to $25,000.00 3.Mount Olivet Second Addition T C F Bank (PC16-13-PZSVB) C ash O riginal Deposit on 8/18/16 $112,500.00 Reduce now to $0.00 B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 4.F. C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A pprove Reduction of Various Natural Resources Management P ermit F inancial Guarantees S taff Contact: J essica Schaum, Natural Resources Coordinator D epartment / D ivision: Natural R esources Division AC T I O N RE Q UE S T E D: Approving the reduction of financial guarantee for Abdallah C andies from $67,750.00 to $10,000.00; and the release of financial guarantees for Uponor, Inc, Foliage Medical Building, T C F Bank, and Valley Oaks Dental. S UM M ARY: T he following projects have been inspected and are compliant according to C ity requirements: 1.Uponor, Inc. 5925 148th Street West Uponor, Inc. C ash Check No. 009398 Amount $6,730.00 Reduce now to $0.00 2.Uponor, Inc. 5925 148th Street West Uponor, Inc. C ash Check No. 11527 Amount $6,750.00 Reduce now to $0.00 3.Foliage Medical Building 15160 Foliage Avenue Elder-J ones, Inc. C ash Check No. 170300 Amount $11,800.00 Reduce now to $0.00 4. 5. 6. T C F Bank 7530 142nd Street West Valley Oaks Dental 14600 Granada Drive Abdallah Candies Benson-Orth Associates, Inc. C ash Check No. 802 Original Amount $8,211.00 Reduce now to $0.00 Primus C ompanies, Inc. C ash Check No. 1362 Amount $6,210.00 Reduce now to $0.00 Karamella, LLC 6075 147th Street West C ash Check No. 3012 Amount $67,750.00 Reduce now to $10,000.00 B AC K G RO UND : T he C ity retains Natural Resources Management Permit (N RMP) financial securities to ensure the protection of natural resources during land disturbing activities. B UD G E T I M PAC T: N/A I T E M: 4.G. C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A pprove Agreement with A coustiblok, I nc., f or Acoustifence S ound Deterrent System S taff Contact: B arry B ernstein, Director of Parks and Recreation Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Approve agreement with Acoustiblok, Inc., for Acoustifence Sound Deterrent System, in the amount of $40,016.00, as the sole source provider. S UM M ARY: Due to the success of Apple Valley Pickleball, the courts are used throughout the day, as well as into the evening. T he residents to the south of the park and pickleball courts have relayed concerns to the D irector of Parks and Recreation regarding the ongoing noise created by this activity. B AC K G RO UND : T he Director of Parks and Recreation has had conversations with residents who reside to the south of Hayes Park and have become impacted by the additional activity of pickleball play. T he primary issue is the constant pickleball play throughout the day and into the evening. Due to the noise this activity creates, the Director of Parks and Recreation has investigated alternatives such as sound reduction paddles and balls, but these are not the preferred choice of the pickleball community. Acoustifence sound deterrent system by A coustiblok, Inc., was discovered and has shown success in reducing the noise created from pickleball play in other areas of the country. T he Superintendent of Parks and the Director of Parks and Recreation had a conversation with the company representative and are confident this product will reduce the sound that is produced by pickleball play dramatically. Staff has determined no other source in the industry for a similar product at this time. B UD G E T I M PAC T: Funding for this project is recommended from Park Dedication $40,016.00 AT TAC HM E NT S: Quotation Background Material I T E M: 4.H. C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A pprove Agreement with I ndependent S chool District 196 f or P olice L iaison S ervices S taff Contact: J ohn Bermel, P olice C aptain D epartment / D ivision: P olice Department AC T I O N RE Q UE S T E D: Approve A greement with Independent School District 196 for Police Liaison Services. S UM M ARY: With the agreement in place, the C ity of Apple Valley will receive payment from School District 196 for police liaison services in the three middle schools and two high schools (with as needed service to the School of Environmental Services and the A LC ). B AC K G RO UND : T he C ity of Apple Valley and School District 196 have had an ongoing collaboration over the years to provide resource officers in Apple Valley schools. T his agreement is a continuation of the C ity's collaboration with the School District. B UD G E T I M PAC T: T he C ity will receive a $160,401.32 share from ISD 196 for police liaison services. AT TAC HM E NT S: Agreement R esolution CITY OF APPLE VALLEY RESOLUTION NO. 2017- A RESOLUTION APPROVING A POLICE LIAISON SERVICES AGREEMENT WITH INDEPENDENT SCHOOL DISTRICT 196 (ISD 196). WHEREAS, the City Council of Apple Valley encourages productive and mutually beneficial working relationships with other entities, and WHEREAS, the Apple Valley Police Department provides police services for secondary schools within the City including: Falcon Ridge Middle School, Scott Highlands Middle School, Valley Middle School, Apple Valley High School, and Eastview High School. The School of Environmental Studies and Area Learning Center also receive service, and WHEREAS, the City agrees to provide a state licensed police officer to perform a minimum average of 10 hours per week police liaison services to each of the School District’s middle schools and a minimum of 20 hours per week police liaison services each to Apple Valley High School and Eastview High School. The School of Environmental Studies and Area Learning Center shall also receive service on an as needed basis, and WHEREAS, Independent School District 196 shall pay the City of Apple Valley the amount of $160,401.32 for the City’s police liaison services to the School District, and WHEREAS, the parties enter into this agreement pursuant to Minnesota Statutes §126C.44; and. NOW, THEREFORE, BE IT RESOLVED by the City Council of Apple Valley that the Police Liaison Services Agreement with Independent School District 196 (ISD 196) be approved. BE IT FURTHER RESOLVED that the City Council approve the Police Liaison Services Agreement with Independent School District 196 (ISD 196). ADOPTED this 10th day of August, 2017. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: ___________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.I . C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A pprove Acceptance and F inal Payment on Agreement with P ine B end P aving, I nc., f or P roject 2017-125, P ark Trail Overlay S taff Contact: B arry B ernstein, P arks and Recreation D irector Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Motion accepting Project 217-125, Park Trail Overlay with Pine Bend Paving, Inc., as complete and authorizing final payment in the amount of $25,800.00. S UM M ARY: Pine Bend Paving, Inc., has completed the specified trail overlay work. T hey have also submitted applicable final paperwork for payment. Staff finds the results of the project acceptable and recommends final payment on Project 2017-125, Park Trail Overlay. B AC K G RO UND : T he project sites included Tintah Park with approximately 726 feet of 8-foot wide path and the Barbara Savanick Trail system between Summerfield and Farquar parks with approximately 3,087 feet of 8-foot wide path. B UD G E T I M PAC T: Funding is allocated within the 2017 Budget for this project. AT TAC HM E NT S: F inal Pay Documents I T E M: 4.J . C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A pprove Acceptance and F inal Payment on Agreement with C & H S port S urf aces, I nc., for P roject 2017-145, Court Re-surf acing S taff Contact: B arry B ernstein, Director Department / Division: Parks and Recreation Department AC T I O N RE Q UE S T E D: Accept Project 2017-145, Court Re-surfacing, as complete and authorize final payment to C & H Sport Surfaces, Inc., in the amount of $35,585.00. S UM M ARY: C & H Sport Surfaces, Inc., has completed the specified work on the re-surfacing of play areas. T hey have also submitted applicable final paperwork for payment. Staff finds the results of the project acceptable and recommends final payment on Project 2017-145, C ourt Re-surfacing. B AC K G RO UND : C & H Sport Surfaces, Inc., was contracted to re-surface the double tennis courts at Greenleaf, Scott, and Redwood parks, as well as the basketball court at Redwood Park. B UD G E T I M PAC T: Funding has been allocated within the 2017 Budget for this project. AT TAC HM E NT S: F inal Pay Documents I T E M: 4.K . C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A dopt Resolution Declaring E mployee Transferred to Fire Marshal R emains in P E R A P olice and F ire F und S taff Contact: Melissa Haas, Human Resources Manager D epartment / D ivision: Human Resources D ivision AC T I O N RE Q UE S T E D: Adopt resolution declaring that employee transferred to the position of Fire Marshal remains in the Public Employees Retirement A ssociation police and fire fund. S UM M ARY: Brian Kilmartin has recently been promoted from the position of Fire Inspector to the position of Fire Marshal. A resolution is required to declare that Mr. Kilmartin remains a contributing PERA police and fire fund member. B AC K G RO UND : Under Minnesota law, a fire department position included in the Public Employees Retirement Association (P ERA) police and fire fund must be a full-time firefighter engaged in the hazards of firefighting as the primary duty of the position. In 2006, staff worked with Public Employees Retirement Association and determined that the position of Fire Marshal was sufficiently engaged in the primary duty of firefighting that it was eligible for inclusion in the P ERA police and fire fund. T he C ity C ouncil adopted a resolution confirming that determination on May 26, 2006. In 2007, the C ity used the same process to designate the position of Fire Inspector in the P ERA police and fire fund. T he C ity C ouncil adopted a resolution confirming that determination on December 27, 2007. Earlier this year, staff reviewed the qualifications and duties of the position of Fire Marshal. T he Fire Department has grown and evolved over the last decade. C hanges have included the advent of the paid-on-call firefighter duty crew to respond to daytime calls, as well as higher-level demands on the position of Fire Marshal. For these reasons, the position of Fire Marshal was modified to remove the requirement to engage in actual fighting of structure fires. T his change would generally move the position out of the PERA police and fire fund and into the coordinated fund. Subsequent to the position review, Brian Kilmartin accepted promotion from the position of Fire Inspector to the position of Fire Marshal, in which he had served in an interim role for 17 months. Mr. Kilmartin had been previously employed as the C ity's Fire Inspector in the P ERA police and fire fund. Minnesota Statutes § 353.64 provides that a member of the P ERA police and fire fund continues to be a member of that fund if transferred to a different position with associated police or fire department functions in the same department in the same governmental subdivision so long as the governing body sends a copy of a resolution to that effect to the association. Staff has consulted with PERA and determined that this statutory provision applies to Mr. Kilmartin's transfer to the position of Fire Marshal, as recently revised. Staff recommends adoption of the attached resolution declaring that, with respect to his transfer to the position of Fire Marshal, Mr. Kilmartin remains a member of the PERA police and fire fund. B UD G E T I M PAC T: N/A AT TAC HM E NT S: R esolution CITY OF APPLE VALLEY RESOLUTION NO. 2017- A RESOLUTION DECLARING THAT EMPLOYEE TRANSFERRED TO THE POSITION OF FIRE MARSHAL REMAINS IN THE PUBLIC EMPLOYEES RETIREMENT ASSOCIATION POLICE AND FIRE FUND WHEREAS, the policy of the State of Minnesota as declared in Minnesota Statutes § 353.63 is to give special consideration to employees who perform hazardous work and devote their time and skills to protecting the property and personal safety of others; and WHEREAS, Minnesota Statutes § 353.64 provides that a member of the Public Employees Retirement Association (PERA) police and fire fund continues to be a member of that fund if transferred to a different position with associated police or fire department functions in the same department in the same governmental subdivision so long as the governing body sends a copy of a resolution to that effect to the association; and WHEREAS, Brian Kilmartin has heretofore been employed by the City of Apple Valley in the position of Fire Inspector as a member of the PERA police and fire fund; and WHEREAS, Mr. Kilmartin has at this time transferred to the position of Fire Marshal with associated fire department functions in the same department within the City of Apple Valley. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Apple Valley, Dakota County, Minnesota, hereby declares that Mr. Kilmartin, while actively employed in the position of Fire Marshal within the City of Apple Valley Fire Department, shall continue to be a member of the PERA police and fire fund. BE IT FURTHER RESOLVED that this resolution shall not constitute an employment contract with any individual, express or implied. ADOPTED this 10th day of August, 2017. ____________________________________ Mary Hamann-Roland, Mayor ATTEST: _____________________________________ Pamela J. Gackstetter, City Clerk I T E M: 4.L . C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A pprove P ersonnel R eport S taff Contact: Melissa Haas, Human Resources Manager D epartment / D ivision: Human Resources D ivision AC T I O N RE Q UE S T E D: Approve the personnel report. S UM M ARY: T he employment actions attached to this memo are recommended for City Council Approval. B AC K G RO UND : T he C ity C ouncil's approval of the Personnel Report includes the ratification of the C ity Administrator's actions in carrying out the terms and conditions of the employment of the City personnel. B UD G E T I M PAC T: Budgeted positions. AT TAC HM E NT S: Personnel Report PERSONNEL REPORT August 10, 2017 City of Apple Valley Human Resources EMPLOYMENT ACTIONS The following employment actions are recommended for City Council approval: First Name Last Name Action Position Status Dept. Base Pay Rate  Pay Type Pay Scale Date (on or about) Brooke Binner Rehire Food & Beverage  Operations Supervisor Seasonal 5105  $          14.35 Hourly C‐07 7/31/2017 James Fruechtl Accept  Retirement Pub Works Construction  Coordinator Full‐Time,  Regular 1510 9/8/2017 Aaron Harmon Rehire Lead Liquor Clerk Part‐Time,  Regular 5020  $          12.50 Hourly L‐2 8/19/2017 Stephen Sutton Hire Liquor Clerk  Part‐Time,  Regular 5020  $          11.00 Hourly L‐1 8/16/2017 The Council’s approval of the Personnel Report includes the ratification of the City Administrator’s actions in carrying out the terms and conditions of the  employment of the City personnel. Page 1 of 1 I T E M: 4.M. C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:C onsent Agenda Description: A pprove Claims and Bills S taff Contact: Ron Hedberg, F inance Director D epartment / D ivision: F inance Department AC T I O N RE Q UE S T E D: Approve claims and bills. S UM M ARY: Attached for C ity C ouncil review and approval are check registers for recent claims and bills. B AC K G RO UND : N/A B UD G E T I M PAC T: Check registers dated J uly 20, 2017, and J uly 27, 2017, in the amounts of $562,402.43 and $869,345.78, respectively. AT TAC HM E NT S: C laims and B ills C laims and B ills I T E M: 5.A . C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:Regular Agenda Description: P resentation of L ifesaver Awards to Police Officers, F iref ighters, P aramedics, and Dispatcher S taff Contact: Nick Francis, P olice C aptain D epartment / D ivision: P olice Department AC T I O N RE Q UE S T E D: N/A S UM M ARY: On J une 5, 2017, at 5:12 PM, Police, Fire, and Allina Ambulance were dispatched to a medical emergency at a residence in Apple Valley. It was reported that a 45 year-old female resident was unconscious. D C C Dispatcher Noah Murphy took the 911 call and assisted with C PR instructions. Police Officers Wayne C riger and Pete Meuwissen were the first to arrive on scene and learned that the patient was in cardiac arrest. Officers administered an Automated External Defibrillator (A ED ) and delivered two shocks to the patient. In addition, they administered emergency rescue breathing with the use of an oxygen tank. Apple Valley Fire Lieutenant Paul Deraas and Firefighters Dan Frieberger, J oe Landru, Lowell Olson, and Lee Tuftee along with Allina Paramedics Keith Witte and J ennifer Williams arrived a short time later and lifesaving efforts continued. T he patient was transported to the hospital and a full recovery has taken place. T he victim would like to meet her rescuers and publicly thank them for saving her life. Allina Health EMS would like to present these staff members with Lifesaver pins and certificates and thank them for their good work. Saving a life is something that very few people ever accomplish, but miracles like this take place in Apple Valley routinely due to our hardworking and professional staff. T hose involved deserve recognition. B AC K G RO UND : N/A B UD G E T I M PAC T: N/A I T E M: 5.B . C O UNC I L ME E T I NG D AT E :A ugust 10, 2017 S E C T I O N:Regular Agenda Description: A pprove P urchase A greement with OneTwoOne D evelopment, L L C, for Village Pointe Plaza S taff Contact: K athy Bodmer, A I C P, P lanner D epartment / Division: C ommunity D evelopment Department Applicant: OneTwoOne Development, L L C P roject Number: P C16-30-Z B Applicant Date: 60 Days: 120 Days: AC T I O N RE Q UE S T E D: Approve Purchase Agreement with OneTwoOne Development, LLC , for Village Pointe Plaza. S UM M ARY: Introduction: At its J uly 23, 2015, the City Council approved a purchase agreement between the City of Apple Valley and OneTwoOne Development, LLC , for the acquisition of the 3.65-acre property on the southwest corner of Galaxie Avenue and 153rd Street West, commonly referred to as the “triangle property.” In 2015, the C ity applied for and was awarded a grant from the Metropolitan C ouncil Livable C ommunities Demonstration Account Grant to help offset the cost of the purchase of the property. T he purchase agreement provided the terms for the acquisition and the transfer of grant funds to ensure the development would be constructed as a mixed-use, walkable, integrated neighborhood with senior-owned housing and commercial retail and office within the same block. Presales and Market C hanges Impact Development Plans: When the developer began presales of the senior cooperative units, OneTwoOne learned that the interested buyers wanted larger units. In response, the developer revised the senior cooperative plans to maintain the four-story building and building design, but to reduce the number of units from 78 to 58. A t the same time, two grocery stores opened within walking distance of the site which required the developer to refine the commercial elements of the plan. T he revised plans were presented to the Apple Valley Planning Commission in A ugust of 2016. T he revised plan required contacting the Metropolitan C ouncil and updating the terms of the grant agreement to ensure the new plans would not jeopardize the grant funds. T he Met Council and C ity came to terms and the revised grant agreement was approved by the C ity Council at its J uly 27, 2017, meeting. Updated Purchase Agreement : While the terms of the revised grant agreement were under discussion, the previous purchase agreement expired. A new agreement has been drafted providing new terms and new timelines. An important element of the purchase agreement is to ensure that the project moves forward and that the City will not be negatively impacted if the project does not proceed as planned due to the multiple phases. Security, in the form of a promissory note and mortgage in favor of the C ity and A pple Valley Economic Development Authority (AVED A) offset the C ity’s potential risk should the commercial elements not proceed as planned. T he following is a summary of the transaction: the triangle property is purchased for $1,148,639 which is reimbursed through the Met C ouncil grant at $1,148,639. T he developer (buyer) enters into an agreement to complete the development in accordance with the approvals and executed agreements. One half of the purchase price ($574,320) is advanced to the developer at closing to offset 1/2 cost of the property. T he developer pays cash for the other half at the closing ($574,320). T he developer pays one half of the outstanding assessments on the property, approximately $672,385, and agrees to execute an agreement for payment of the second half on the commercial property when commercial development starts. D eveloper also provides a promissory note in favor of the C ity for $574,320, and mortgage for the commercial property in the name of the AVED A as security for buyer ’s performance and completion of the project. C onstruction of the senior housing and commercial must be underway no later than J une 2018. T he AVED A releases the second half of cost of purchase and mortgage of the property after confirmation of compliance with all requirements. Next Steps: T he Business Subsidy A greement will be reviewed and acted upon by the AVED A at its August 10, 2017, meeting. In the meantime, preliminary land use approvals were obtained at the C ity C ouncil’s J uly 27, 2017, meeting. Final approvals are expected to be reviewed in September with construction beginning in September. B AC K G RO UND : N/A B UD G E T I M PAC T: None identified at this time. T he LC D A funds will be used by the AVED A and the C ity to assist the developer with site acquisition. Using a grant to assist with the acquisition of property was also used with the C obblestone Square Senior Apartments (Dakota C ounty C D A) and Orchard Path Senior Housing (Presbyterian Homes) projects. AT TAC HM E NT S: Agreement L ocation Map Site P lan Presentation (1) PURCHASE AGREEMENT This Purchase Agreement (the “Agreement”) is entered into as of the “Effective Date” by and between OneTwoOne Development, LLC, a Minnesota limited liability company (hereinafter referred to as "Buyer") and the City of Apple Valley (hereinafter referred to as "Seller"). Buyer and Seller are jointly referred to as the “Parties.” In consideration of the foregoing and the mutual covenants, and agreement hereinafter expressed, and for other good, fair and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Seller and Buyer hereby agree as follows: 1. Purchase and Sale. Buyer desires to purchase, and Seller desires to sell and convey to Buyer all of Seller’s right, title and interest in and to that certain parcel of real estate located in Dakota County, State of Minnesota, which is approximately 3.65 acres in area, and which is assigned Property ID Number 01-81750-01-010 and legally described in Exhibit "A" attached hereto (the “Property”), subject to the terms and conditions of this Agreement. 2. Conditions. The obligations of Buyer and Seller under this Agreement are conditioned upon each of the following occurring on or prior to Closing Date (defined herein): 2.1 Buyer entering into a Business Subsidy Agreement with the Apple Valley Economic Development Authority (“AVEDA”) that provides for the AVEDA loaning $1,148,639.00 to Buyer for purposes of Buyer acquiring the Property from Seller (hereinafter “Loan”); 2.2 Buyer providing a promissory note in favor of AVEDA in a form acceptable to AVEDA; and 2.3 Upon completion of paragraphs 2.1 and 2.2, AVEDA wiring the $574,320.00 to the title company handling the Closing (defined herein) on the Closing Date. 3. Price And Payment. 3.1 Price. The total purchase price for the Property is One Million One Hundred Forty-Eight Thousand Six Hundred Thirty-Nine and 00/100 Dollars ($1,148,639.00) (the “Purchase Price”). 3.2 Payment. The Purchase Price shall be paid as follows: a. Earnest Money. Within three (3) business days following the Effective Date (defined herein), Buyer shall deliver to the Seller the sum of One Thousand and 00/100 Dollars ($1,000.00) (the “Earnest Money”). The Earnest Money shall apply to and be credited against the Purchase Price, as set forth below, and shall be non-refundable in all events other than in (2) connection with Buyer’s exercise of its option to terminate this Agreement as expressly set forth in Paragraph 7.1 hereof. b. Balance Due. On the Closing Date (defined herein), Buyer shall deliver payment of Purchase Price, minus the Earnest Money, plus pay all costs related to the Closing. 4. Title Examination. 4.1 Title Commitment. Seller will, within a reasonable time after the Effective Date, furnish at Seller’s expense a current title commitment (the “Commitment”) for an owner’s policy of title insurance for the Property from a reputable title insurance company, which shall include proper searches covering bankruptcy, state and federal judgments and tax liens and a pending, deferred and levied special assessment search. Buyer shall be allowed fifteen (15) calendar days after receipt of the Commitment for the examination thereof and the making of any objections to the insurability of title, said objections to be made in writing, by facsimile or email or deemed to be waived. Any objections to title not made within fifteen (15) calendar days shall be deemed waived by Buyer. If any objections are so made, Seller shall promptly commence such actions reasonably ne cessary to cure such objections and shall be allowed sixty (60) days after the making of such objections by Buyer to cure said objections, and in such case the Closing Date shall be extended accordingly. If such defects are cured within said 60 day period, Buyer shall be notified in writing of the curing of the defects, and Buyer shall proceed to close this transaction according to its terms and conditions. 4.2 Defective Title. If title is not insurable and cannot be made so by Seller within the 60 day period set forth in Paragraph 4.1, and if Buyer does not waive by written notice given to Seller within 10 days after the end of the 60 day period, the curing of defects, this Agreement shall be null and void, in which event neither Buyer nor Seller shall be liable for damages hereunder to the other, and the Earnest Money shall be returned to Buyer. 4.3 Title Insurance Policy. The Parties agree that Buyer’s obligation to purchase the Property is contingent upon a title insurance company providing Buyer with title insurance for the Property. 5. Closing Procedures. 5.1 Closing Date. Subject to the fulfillment or waiver of the conditions hereof, the closing of the purchase and sale contemplated hereunder shall occur on ___________ (hereinafter "Closing Date" or "Closing"). 5.2 Place of Closing. The Closing shall be conducted at a title company providing title insurance with respect to this transaction, if any, or at such other place as Buyer and Seller may mutually agree upon. (3) 5.3 Buyer’s Closing Obligations. At Closing, Buyer shall deliver to Seller the following: a. The Purchase Price, minus Earnest Money, by wire transfer or other immediately available funds; b. A principal payment in the amount of $672,385.00 to be applied and credited by Seller toward the special assessments due and payable against the portion of the Property designated for residential development; c. An executed Waiver of Objection to Special Assessments (Exhibit “B”) associated with special assessments, to be levied against the portion of the Property designated for commercial development, in the principal amount of $672,385.00 (“Principal Special Assessment Amount”) payable over 15 years together with interest at the rate of 5% per year with the first installment shall be due and payable in 2018; d. A promissory note (“Note”) in favor of Seller in the amount of $574,320.00, as security for Buyer’s performance as set forth in Section 6.4 of this Agreement. Except as otherwise provided in the Note, the principal and interest due thereunder shall be due and payable on December 1, 2018; e. An Assignment of an Accounts Receivable in favor of Seller securing the Note; and f. Such documents as may be reasonable necessary to effectuate the transfer contemplated in this Agreement. 5.4 Seller’s Closing Obligations. a. Provided Buyer has complied with the terms and conditions of this Agreement, Seller shall convey title that is marketable, insurable, and indefeasible. At Closing, the Property shall be conveyed by Seller to Buyer by quit claim deed (the “Deed”) duly executed in form for recordation. b. A Certificate of Real Estate Value in the form required by Dakota County and/or the State of Minnesota; c. A standard seller’s affidavit relating to the absence of bankruptcies, tax liens, judgments or other proceedings and unrecorded interests that affect or could affect the title to the Real Estate; d. A Well Disclosure Statement as required by the State of Minnesota; and (4) e. Such other documents as may be reasonably necessary to effectuate the transfer contemplated in this Agreement. 5.5 Real Estate Taxes. Buyer shall pay all real estate taxes and installments of special assessments due and payable following the Closing Date. 5.6 Cost of Recording. The cost of recording the Deed shall be borne by Buyer. 5.7 Escrow Fees. The parties agree that any and all closing fees of any Title Company involved in the Closing shall be borne by Buyer. 6. Buyer's Representations, Warranties and Covenants. Buyer warrants, represents and covenants to Seller each and every one of the following which shall be true on the Closing Date and shall survive the Closing Date unless specifically waived in writing by Seller: 6.1 The person executing this Agreement and any documents required hereunder is fully authorized to execute such documents. 6.2 The execution, delivery and performance by Buyer of this Agreement and all instruments and agreements contemplated hereby will not result in a breach or violation or constitute a default under any agreement, instrument, indenture, order, law, ordinance or decree to which Buyer is a party or by which Buyer is bound. 6.3 Buyer represents that this sale is predicated upon the availability and use of Grant proceeds. Buyer further represents that it has read the terms and conditions of the Grant and is capable of performing the requirements thereunder. Further, Buyer acknowledges that the loss of the Grant funds will require Buyer to pay Seller additional funds as provided herein. 6.4 Buyer represents that each and every undertaking and obligation of Buyer under this Agreement and any collateral agreement shall be performed by Buyer timely when due. 6.5 Buyer shall devote the Property to its intended use and obtain all necessary permits and begin construction of the senior cooperative housing and other commercial buildings on the Property on or before June 1, 2018. Buyer’s failure to do so is subject to the remedy of Seller as set forth in Section 7.3 herein. Buyer shall not transfer title to the Property prior to January 1, 2019 without the Seller’s written consent. 6.6 All representations and covenants of Buyer contained in this Agreement shall be true on the Closing Date and shall survive the Closing. (5) 7. Remedies. 7.1 If Seller shall default in the performance of any of its obligations hereunder, and such default is not corrected within ten (10) days after receipt by Seller of notice from Buyer setting forth such default, Buyer shall have the right (i) to bring an action for specific performance, provided such action is commenced within six (6) months from the Effective Date of this Agreement, or (ii) to cancel this Agreement, in which event the Earnest Money shall be promptly returned to Buyer. These are the sole and exclusive remedies available to Buyer in the event of Seller's default. In no event shall Buyer be permitted to recover monetary damages from Seller. 7.2 Buyer shall be in default hereunder if it breaches a material covenant hereunder. In addition to remedies available under Section 7.3, if Buyer is in a default in the performance of any of its obligations under this Agreement and fails to cure that breach within ten (10) days after receipt by Buyer of notice from Seller setting forth such default, Seller may (i) cancel this Agreement, in which event Seller shall be entitled to retain the Earnest Money as liquidated damages, or (ii) bring an action for specific performance, provided such action is commenced within six (6) months from the Effective Date. 7.3 If Buyer fails to comply with Section 6.4 herein, Seller may accelerate the due date of the Note and all principal and interest shall be payable at the discretion of Seller. Seller may exercise any and all remedies available to it and exercising one is not an exclusion to the exercise of any other. Buyer shall indemnify and hold harmless both the Seller and the AVEDA and their officers, agents and employees from and against all claims, damages, losses or expenses, including attorney fees, which may be suffered or for which they may be held liable, arising out of or resulting from the assertion against them of any claims, debts or obligations arising from Buyer’s ownership or development of the Property. 8. Miscellaneous. 8.1 Notices. All notices and other documents of similar legal effect from either party to the other shall be in writing and considered to have been duly given or served if sent by first class certified mail, return address as set forth below, or to such other address as such party may hereafter designate by written notice to the other party. To Seller: City of Apple Valley c/o Tom Lawell 7100 West 147th Street Apple Valley, Minnesota 55124 (6) With a copy to: Michael Dougherty Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, Minnesota 55124 To Buyer: OneTwoOne Development, LLC 3530 Lexington Avenue North, Suite 100 Shoreview, Minnesota 55126 8.2 Broker’s Commission. There is no brokerage fee or commission payable to any third party with respect to the transaction described herein. 8.3 Successors and Assigns. The terms, conditions and covenants of this Agreement shall extend to, be binding upon and inure to the benefit of the successors and assigns of the parties hereto. This Agreement may not be assigned by Buyer without the prior written consent of Seller. Any assignment consented to by Seller shall not relieve Buyer of the obligations contained herein except as approved by Seller. 8.4 Headings. The headings of the paragraphs and subparagraphs of this Agreement are for convenience of reference only. They do not form a part hereof and in no way interpret or construe such paragraphs and subparagraphs. 8.5 Entire Agreement. This instrument contains the entire agreement of the Parties, and supersedes any prior written or oral agreement. It may be changed only by an agreement in writing signed by the party against whom enforcement of any waiver, change, modification, extension or discharge is sought. 8.6 Time of Essence. Time is of the essence in this Agreement. 8.7 Governing Law. This Agreement is made and executed under and in all respects to be governed and construed by the laws of the State of Minnesota and the parties hereto consent and submit themselves exclusively to the First Judicial District, Dakota County, State of Minnesota. 8.8 Non-waiver. The waiver by either party hereto of any condition of the breach of any term, covenant or condition herein shall not be deemed to be a waiver of any other condition or of any subsequent breach of the same or other terms, covenants, or conditions herein contained. 8.9 As-Is Condition. Seller makes no representations or warranties, written or oral, express or implied, regarding the condition of the Property. Buyer and Seller hereby acknowledge and agree that the Buyer is purchasing the Property from Seller in As-Is, Where-Is condition. Buyer’s acceptance of title to the Property shall represent Buyer’s acknowledgement and agreement that: (i) Seller has not made nor has Buyer relied upon any written or oral representation or warranty made (7) by Seller, its agents or employees with respect to the condition or value of the Property; (ii) Buyer has had an opportunity to inspect the condition of the Property, has performed such inspection as determined by Buyer to be necessary or advisable in its sole discretion; and (iii) the condition of the Property is fit for Buyer’s intended use. Buyer hereby releases Seller from liability with respect to any of the foregoing, and Buyer hereby waives any cause of action (including without limitation any right of contribution) Buyer may have against Seller with respect to the foregoing, whether arising under common law, or federal, state or local statute, rule or regulation provided Buyer does not waive any cause of action for breach of any express warranty contained in this Agreement. 8.10 Partial Invalidity. In the event that any Paragraph or portion of this Agreement is determined to be unconstitutional, unenforceable or invalid, such Paragraph or portion of this Agreement shall be stricken from and construed for all purposes not to constitute a part of this Agreement, and the remaining portion of this Agreement shall remain in full force and effect and shall, for all purposes, constitute this entire Agreement. 8.11 Construction of Agreement. All parties hereto acknowledge that they have had the benefit of independent counsel with regard to this Agreement and that this Agreement has been prepared as a result of the joint efforts of all parties and their respective counsel. Accordingly, all parties agree that the provisions of this Agreement shall not be construed or interpreted for or against any party hereto based upon authorship. 8.12 Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original, but all such counterparts shall constitute one and the same instrument. 8.13 Merger. The provisions contained in Sections 6.3, 6.4, and 7.3 shall not merge upon closing but shall survive and remain enforceable. 8.14 Effective Date. The “Effective Date” hereof shall be the date the later of Buyer and Seller executes this Agreement. If either party fails to date this Agreement below their signature, the date of execution of the other party shall constitute the Effective Date. (signature page to follow) (8) CITY OF APPLE VALLEY Date ______________________ By: ____________________________ Mary Hamann-Roland, Mayor Date _____________________ By: ____________________________ Pamela J. Gackstetter, City Clerk ONETWOONE DEVELOPMENT, LLC By: _______________________________ Its: _______________________________ (9) EXHIBIT A LEGAL DESCRIPTION Lot 1, Block 1, Village at Founders Circle, Dakota County, Minnesota (Buyer intends to subdivide the Property into two lots, one lot for residential development and the other for commercial development. The plat is expected to be identified as Village Pointe Plaza.) (10) EXHIBIT B Waiver of Objection to Special Assessments To be inserted. PROMISSORY NOTE (the “Note”) ___________________, 2017 OneTwoOne Development, LLC, a Minnesota limited liability company (the "Borrower"), for value received, hereby promises to pay to the City of Apple Valley (the “City”), or its assigns (the City and any assigns are hereinafter referred to as the "Holder"), at its designated principal office or such other place as the Holder may designate in writing, the principal sum of Five Hundred Seventy Four Thousand Three Hundred Twenty and 00/100 Dollars ($574,320.00) with interest, as hereinafter provided. The principal of this Note is payable as follows: 1. The outstanding principal shall bear interest at a rate of five percent (5%) per annum and shall commence to accrue on July 1, 2018. 2. Borrower shall pay to Holder the outstanding principal and any interest and amounts owed under this Note on or before December 31, 2018. 3. The Borrower may prepay this Note at any time, in whole or in part, without penalty or premium. Partial prepayment shall not postpone the due date of the Note. 4. This Note is secured by that certain mortgage dated __________________, 2017 executed by the Borrower in favor of the Holder (the “Mortgage”), and the holder of this Note is entitled to all of the benefits provided for in the Mortgage. 5. Borrower shall be in default hereunder upon the happening of any of the following events or conditions (each such event or condition hereinafter referred to as an “Event of Default”): a. Borrower shall fail to pay, when due, any amounts required to be paid by the Borrower under this Note to the Holder and shall fail to cure such default(s) within ten (10) days after Holder gives Borrower written notice thereof; provided that the Holder may, in its discretion, permit the Borrower more than 10 days to cure any such payment default based on circumstances acceptable to the Lender; and b. Borrower commences a voluntary proceeding seeking liquidation, reorganization, or other relief with respect to itself or its debts under any bankruptcy, insolvency, or other similar law now or hereafter in effect, or seeking the appointment of a trustee, receiver, liquidator, custodian, or other similar official for it or a substantial part of its property or consents to any such relief or to the appointment of or taking possession by any such official in an involuntary case or other proceeding commenced against it or makes a general assignment for the benefit of creditors or takes any corporate action to authorize any of the foregoing. c. Any involuntary proceeding is commenced against Borrower seeking liquidation, reorganization, or other relief with respect to it or its debts under any bankruptcy, 2 insolvency, or other similar law now or hereafter in effect, or seeking the appointment of a trustee, receiver, liquidator, custodian, or other similar official for it or a substantial part of its property, and such involuntary proceeding remains undismissed and unstayed for a period of ninety (90) days. d. Borrower shall become insolvent (whether in equity or bankruptcy sense). 6. If an Event of Default occurs under this Note or any instrument securing this Note, then the Holder of this Note may at its right and option, without notice, declare immediately due and payable the principal balance of this Note, together with any costs of collection including attorney fees incurred by the Holder of this Note in collect ing or enforcing payment hereof, whether suit be brought or not, and all other sums due hereunder, or under any instrument securing this Note. The Borrower agrees that the Holder of this Note may, without notice to the Borrower of this Note and without affecting the liability of the Borrower of this Note, accept additional or substitute security for this Note, or release any security or any party liable for this Note or extend or renew this Note. 7. The Holder of this Note shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Holder of this Note and then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. This Note may not be amended, modified, or changed except only by an instrument in writing signed by the party against whom enforcement of any such amendment, modifications, or change is sought. 8. This Note shall be governed by and construed in accordance with the laws of the state of Minnesota without regard to its conflict of laws provisions. Any disputes, controversies, or claims arising out of this Note shall be heard in the state or federal courts of Minnesota, and all parties to this Note waive any objection to the jurisdiction of these courts, whether based on convenience or otherwise. 9. This Note and the Mortgage constitutes the entire Note between the parties pertaining to its subject matter and it supersedes all prior contemporaneous Notes, representations, and understandings of the parties pertaining to the subject matter of this Note. 10. Wherever possible, each provision of this Note and each related document shall be interpreted so that it is valid under applicable law. If any provision of this Note or any related document is to any extent found invalid by a court or other governmental entity of competent jurisdiction, that provision shall be ineffective only to the extent of such invalidity, without invalidating the remainder of such provision or the remaining provisions of this Note or any other related document. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts, and things required to exist, happen, and be performed precedent to or in the issuance of this Note do exist, have happened, and have been performed in regular and due form as required by law. 3 IN WITNESS WHEREOF, the Borrower has caused this Note to be duly executed. OneTwoOne Development, LLC, a Minnesota limited liability company __________________________________________ By: ______________________________________ Its: __________________________________ ECB-2012 Page 1 of 4 (Top 3 inches reserved for recording data) MORTGAGE by Business Entity MORTGAGE REGISTRY TAX DUE: $________________ DATE: _____________________ _________________________________________________________________________________________________________________ THIS MORTGAGE (“Mortgage”) is given by OneTwoOne Development, LLC, a Minnesota limited liability company, as mortgagor (“Borrower”), to the City of Apple Valley, a Minnesota municipal corporation, as mortgagee (“Lender”). As security for a promissory note executed by the Borrower in favor of Lender, of even date hereof, in the principal amount of Five Hundred Seventy Four Thousand Three Hundred Twenty and 00/100 Dollars ($574,320.00) (the “Indebtedness”), Borrower hereby mortgages, with power of sale, the real property in Dakota County, Minnesota, legally described as follows: Lot 2, Block 1, Village Pointe Plaza, Dakota County, Minnesota. Check here if all or part of the described real property is Registered (Torrens) together with all hereditaments and appurtenances belonging thereto (the “Property”), subject to the following exceptions: (a) Covenants, conditions, restrictions (without effective forfeiture provisions) and declarations of record, if any; (b) Reservations of minerals or mineral rights by the State of Minnesota, if any; (c) Utility and drainage easements which do not interfere with present improvements; (d) Applicable laws, ordinances, and regulations; (e) The lien of real estate taxes and installments of special assessments not yet due and payable; and (f) The following liens or encumbrances, if any: None. Borrower covenants with Lender as follows: 1. Repayment of Indebtedness. Borrower’s obligations under this Mortgage will be satisfied if: (1) Borrower (a) pays the Indebtedness to Lender according to the terms of that certain promissory note, dated ___________________, executed between the Borrower and the Lender, that evidences the Indebtedness thereto (the “Note”); (b) pays interest on the Indebtedness as provided in the Note; (c) repays to Lender, at the times and with interest as specified, all sums advanced in protecting the lien of this Mortgage, if any; an d (d) keeps and performs all the covenants and agreements contained herein, or (2) Borrower’s Indebtedness is forgiven pursuant to that certain Business Subsidy Agreement, dated ________________, executed between Borrower and the Apple Valley Economic Authority. It is Borrower’s responsibility to record any satisfaction of this Mortgage at Borrower’s expense. 2. Statutory Covenants. Borrower makes and includes in this Mortgage the following covenants and provisions set forth in Minn. Stat. 507.15, and the relevant statutory covenant equivalents contained therein are hereby incorporated by reference: (a) To warrant the title to the Property; Page 2 of 4 MORTGAGE (b) To pay the Indebtedness as herein provided; (c) To pay all taxes; (d) That the Property shall be kept in repair and no waste shall be committed; (e) To pay principal and interest on prior mortgages (if any). 3. Additional Covenants and Agreements of Borrower. Borrower makes the following additional covenants and agreements with Lender: (a) Borrower shall keep all buildings, improvements, and fixtures now or later located on all or any part of the Property (collectively, the “Improvements”) insured against loss by fire, lightning, and such other perils as are included in a standard all-risk endorsement, and against loss or damage by all other risks and hazards covered by a standard extended coverage insurance policy, including, without limitation, vandalism, malicious mischief, burglary, theft, and if applicable, steam boiler explosion. Such insurance shall be in an amount no less than the full replacement cost of the Improvements, without deduction for physical depreciation . If any of the Improvements are located in a federally designated flood prone area, and if flood insurance is available for that area, Borro wer shall procure and maintain flood insurance in amounts reasonably satisfactory to Lender. Borrower shall procure and maintain liability insurance against claims for bodily injury, death, and property damage occurring on or about the Property in amounts reasonably satisfactory to Lender and naming Lender as an additional insured, all for the protection of the Lender. (b) Each insurance policy required pursuant to Paragraph 3(a) must contain provisions in favor of Lender affording all right and privileges customarily provided under the so-called standard mortgagee clause. Each policy must be issued by an insurance company or companies licensed to do business in Minnesota and acceptable to Lender. Each policy must provide for not less than ten (10) days written notice to Lender before cancellation, non-renewal, termination, or change in coverage. Borrower will deliver to Lender a duplicate original or certificate of such insurance policies and of all renewals and modifications of such policies. (c) If the Property is damaged by fire or other casualty, Borrower must promptly give notice of such damage to Lender and the insurance company. In such event, the insurance proceeds paid on account of such damage will be applied to payment of the amounts owed by Borrower pursuant to the Note, even if such amounts are not otherwise then due, unless Borrower is permitted to make an election as described in the next paragraph. Such amounts first will be applied to unpaid accrued interest and next to the principal to be paid as provided in the Note in the inverse order of their maturity. Such payment(s) will not postpone the due date of the payment to be paid pursuant to the Note or change the amount of such payment. The balance of insurance proceeds, if any, will be the property of Borrower. (d) Notwithstanding the provisions of Paragraph 3(c), and unless otherwise agreed by Borrower and Lender in writing, if (i) Borrower is not in default under this Mortgage (or after Borrower has cured any such default); (ii) the mortgagees under any prior mortgages do not require otherwise; and (iii) such damage does not exceed ten percent (10%) of the then assess ed market value of the Improvements, then Borrower may elect to have that portion of such insurance proceeds necessary to repair, replace, or re store the damaged Property (the “Repairs”) deposited in escrow with a bank or title insurance company qualified to do business in Minnesota, or such other party as may be mutually agreeable to Lender and Borrower. The election may only be made by written notice to Lender within sixty (60) days after the damage occurs; and the election will only be permitted if the p lans, specifications, and contracts for the Repairs are approved by Lender, which approval shall not be unreasonably withheld, conditioned, or dela yed. If such a permitted election is made by Borrower, Lender and Borrower shall jointly deposit the insuranc e proceeds into escrow when paid. If such insurance proceeds are insufficient for the Repairs, Borrower shall, before the commencement of the Repairs, de posit into such escrow sufficient additional money to insure the full payment for the Repairs. Even if the insurance proceeds are unavailable or are insufficient to pay the cost of the Repairs, Borrower shall at all times be responsible to pay the full co st of the Repairs. All escrowed funds shall be disbursed in accordance with sound, generally accepted, construction disbursement procedures. The costs incurred or to be incurred on account of such escrow shall be deposited by Borrower into such escrow be fore the commencement of the Repairs. Borrower shall complete the Repairs as soon as reasonably possible a nd in a good and workmanlike manner, and in any event the Repairs shall be completed by Borrower within one (1) year after the damage occurs. If, following the completion of and payment for the Repairs, there remains any undisbursed escrow funds, such fund s shall be applied to payment of the amounts owed by Borrower under the Note in accordance with Paragraph 3(c). (e) If all or any part of the Property is taken in condemnation proceedings instituted under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money paid pursuant to such condemnation or conveyance in lieu thereof Page 3 of 4 MORTGAGE must be applied to payment of the amounts due by Borrower to Lender under the Note as set forth in Paragraph 3(c), even if su ch amounts are not then due to be paid. (f) Borrower will diligently complete all Improvements, if any, that may now or hereafter be under construction on the Property. (g) Borrower will pay all dues, fees, or assessments, if any, which are due and payable by Borrower to any homeowners or similar association as a result of the Property’s inclusion therein. (h) Borrower will pay any other expenses and attorneys’ fees incurred by Lender pursuant to the Note or as reasonably required for the protection of the lien of this Mortgage. 4. Payment by Lender. If Borrower fails to pay any amounts to be paid hereunder to Lender or any third parties, or to insure the Improvements, and deliver the policies as required herein, Lender may make such payments or secure such insurance. The sums so paid shall be additional Indebtedness, bear interest from the date of such payment at the same rate set forth in the Note, be an additio nal lien upon the Property, and be immediately due and payable upon written demand. This Mortgage secures the r epayment of such advances. 5. Default. In case of default (i) in the payment of sums to be paid under the Note or this Mortgage, when the same becomes due, (ii) in any of the covenants set forth in this Mortgage, (iii) under the terms of the Note, or (iv) under any addendum attached to this Mortgage, Lender may declare the unpaid balance of the Note and the interest accrued thereon, together with all sums advanced hereunder , immediately due and payable without notice, and Borrower hereby authorizes and empowers Lender to foreclose this Mortgage by judicial proceedings or to sell the Property at public auction and convey the same in fee simple in accordance with Minn. Stat. Ch. 580, and out of t he monies arising from such sale, to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure and the maximum attorneys’ fees permitted by law, which costs, charges, and fees Borrower agrees to pay. 6. Governing Law; Severability. This Mortgage shall be governed by the laws of Minnesota. In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mo rtgage or the Note which can be given effect without the conflicting provision. 7. Additional Terms. Check this box if Minnesota Uniform Conveyancing Blank 20.2.1 or any other addendum (either one or more) containing additional terms and conditions is attached to this Mortgage. If the foregoing box is not checked, then this Mortgage shall not contain any such additional terms and conditions. The number of additional attached pages is: N/A. Terms of this Mortgage will run with the Property and bind the parties hereto and their successors in interest. Lender agrees that upon receiving payments from Borrower made to Lender pursuant to the Note, the Lender will release and dis charge from the lien of the Mortgage a portion of the mortgaged Property equal to the percentage of a payment made by Borrower to Lender to the outstanding balance remaining under the Note. Note: Remainder of page left blank, signature page follows. Page 4 of 4 MORTGAGE Borrower: OneTwoOne Development, LLC By: ________________________________________________ Its: _____________________________________________ State of Minnesota, County of Dakota This instrument was acknowledged before me on _________________________ by ____________________________as __________________________ of OneTwoOne Development, LLC, a Minnesota limited liability company, on behalf of the company. (Stamp) (signature of notarial officer) Title (and Rank): Notary Public My commission expires: (month/day/year) THIS INSTRUMENT WAS DRAFTED BY: Dougherty, Molenda, Solfest, Hills & Bauer P.A. 14985 Glazier Avenue, Suite 525 Apple Valley, MN 55124 (952) 432-3136 PV: 0066.35840 Note: Failure to record or file this mortgage may give other parties priority over this mortgage. SITE 152ND ST W FOLIAGE AVEGALAXIE AVE153RD ST W GARRETT AVE155TH ST W FORTINO ST FOUNDERS LNGALANTE LNGABELLA ST 154TH ST W FLIGHT WAYFROST PATHFONTANA TRLGALLIVANT PLFLOWER WAYFOUNDERS LANE FLORIST CIR FRSCOTERRACE153RD ST W Dakota County GIS VILLAGE POINTE PLAZA/ZVAGO APPLE VALLEY µ LOCATION MAP ^ ZVAGO COOPERATIVE LIVING  CENTRAL VILLAGEApple Valley, MNPerspective ZVAGO COOPERATIVE LIVING  CENTRAL VILLAGEApple Valley, MNSite Plan153rd St WGalaxie AveFounders Ln 8/10/2017 1 Zvago Apple Valley/ Village Pointe Plaza City Council/EDA Meeting August 10, 2017 Requested Actions 1.Economic Development Authority (EDA) a.Hold public hearing on Business Subsidy Agreement b.Consider Business Subsidy Agreement with OneTwoOne Development, LLC. 2.City Council a.Consider revised Purchase Agreement 8/10/2017 2 Central Village - Location Village Pointe Plaza Overall Site Plan 8/10/2017 3 Rendering Rendering 8/10/2017 4 Livable Communities Demonstration Account Grant •Triangle property went to tax forfeiture. City acquired it in 2014 for $1,148,639 to ensure property wouldn’t languish in market or be sold off at auction. •City awarded $1,148,639 grant to help off-set cost of the purchase of the property. •Grant will be used to ensure a compact, walkable, mixed-use development is created. •A tool to ensure the City’s vision for the Central Village and this triangle is implemented. Elements of Purchase Developer Purchases Triangle Property $1,148,639 Developer Assumes Outstanding Special Assessments $1,344,770 City Receives: •Mixed-Use, High Quality Senior, Retail and Office Development •Payment of Outstanding Special Assessments Met Council LCDA Grant Offsets Cost of Purchase of Land $1,148,639 8/10/2017 5 Elements of Purchase Developer Purchases Triangle Property $574,319.50 Cash at Closing Developer Pays Cash for Outstanding Special Assessments for Residential Portion $672,385 Met Council LCDA Grant Offsets Cost of Purchase of Land •Payment #1 at Closing $574,319.50 •Payment #2 w/ Issue of last building permit $574,319.50 Promissory Note $574,319.50 for Balance of Grant Mortgage on Commercial Lot (Lot 2) Executes Waiver of Objection for Special Assessments $672,385 for Commercial (Payable over 15 years). Business Subsidy Agreement Provides terms for distribution of Livable Communities Demonstration Account Grant (LCDA) •The subsidy of $1,148,639 is provided in the form of a loan. •Recipient (developer) provides promissory note for full grant amount ($1,148,639), to secure the loan. •Recipient (developer) must commence construction no later than May 28, 2018. (An October 2017, housing start is planned) •Certificates of Occupancy must be issued on or before December 31, 2018. •Jobs are created for both temporary construction and permanent jobs in connection with the housing and commercial development. 8/10/2017 6 Business Subsidy Agreement •First distribution of funds ($574,320) at closing (1/2 of grant amount). •Second distribution of funds ($574,320) after commencement of construction of last building. •If Recipient (developer) fails to perform, Recipient required to repay the loan back to the AVEDA. •If Recipient (developer) meets the goals of the Business Subsidy Agreement, the loan is forgiven. Recommended Action - EDA 1.Conduct Public Hearing to consider Business Subsidy Agreement 2.Authorize Executive Director and EDA Attorney to finalize form and content of Business Subsidy Agreement with OneTwoOne Development, LLC. 8/10/2017 7 Recommended Action – City Council 1.Authorize City Administrator and City Attorney to finalize form and content of Purchase Agreement with OneTwoOne Development, LLC Questions? 8/10/2017 8 Landscape Plan I T E M: 7. C O UNC I L ME E T I NG D AT E:August 10, 2017 S E C T I O N:Calendar of Upcoming Events Description: Approve Calendar of Upcoming Events Staff Contact: Stephanie Marschall, D eputy City Clerk Department / Division: City Clerk’s Office AC T IO N RE Q UE S T E D : Approve the calendar of upcoming events as listed in the summary below, and noting each event listed is hereby deemed a Special Meeting of the C ity Council. S UM M ARY: Day/Date Time Location Ev ent T hur./Aug. 10 5:00 p.m.Municipal C enter Special ED A Meeting T hur./Aug. 10 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting T hur./Aug. 10 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * Aug. 11-13 State Capitol, St. Paul MN State C apitol Grand Re-Opening C elebration Fri./Aug. 11 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music in Kelley Park C oncert Series Wed./Aug. 16 9:00 a.m.Municipal C enter Firefighters Relief Association Meeting Wed./Aug. 16 7:00 p.m.Municipal C enter Planning Commission Meeting Fri./Aug. 18 6:00-9:00 p.m.Kelley Park Apple Valley Arts Foundation Music in Kelley Park C oncert Series Mon./Aug. 21 10:30 a.m.Costa Vida Ribbon C utting C eremony Tue./Aug. 22 11:00 a.m.F IT Academy Ribbon C utting C eremony T hur./Aug. 24 5:30 p.m.Municipal C enter Special Informal C ity Council Meeting T hur./Aug. 24 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * Mon./Sep. 4 City Offices C losed Labor Day Wed./Sep. 6 7:00 p.m.Municipal C enter Planning Commission Meeting T hur./Sep. 7 10:00 a.m.Valleywood Chamber Golf C lassic T hur./Sep. 7 7:00 p.m.Municipal C enter Parks & Recreation Advisory Committee Meeting Sat./Sep. 9 10:00 a.m.Kelley Park Le Tour de Apple Valley Community Bike Ride Mon./Sep. 11 7:00 p.m.Municipal C enter Telecommunications Advisory Committee Meeting Wed./Sep. 13 7:00 p.m.Municipal C enter Traffic Safety Advisory Committee Meeting T hur./Sep. 14 5:30 p.m.Municipal C enter Informal C ity C ouncil Meeting T hur./Sep. 14 7:00 p.m.Municipal C enter Regular City C ouncil Meeting * B AC K GRO UND : Each event is hereby deemed a Special Meeting of the City Council, the purpose being informational or social gathering. Only at events marked with an asterisk will any action of the Council take place. B UD GE T IM PACT: N/A N/A