HomeMy WebLinkAboutItem 06.dAugust 17, 2020 Item No.________
APPROVE JOINT POWERS AGREEMENT WITH ISD#194 AND AUTHORIZE THE NOTICE TO
PROCEED FOR THE LAKEVILLE ARENAS ENERGY SAVINGS IMPROVEMENT PROJECT
Proposed Action
Staff recommends adoption of the following motion: Move to approve a Joint Powers Agreement
with ISD#194 and authorize the Notice to Proceed for the Lakeville Arenas Energy Savings
Improvement Project.
Overview
The City Council approved a contract with Apex Facility Solutions (APEX) on April 6, 2020 for
improvements to Lakeville Arenas. The contract included design services and a “notice to
proceed” provision that the City must pre-approve before the construction portion of the project
would commence. APEX has indicated that to begin construction of the footings this Fall, they
must receive the notice to proceed by September 1, 2020.
The City Council discussed the status of the project and the joint powers agreement (JPA) at
their July 27, 2020 workshop. The Council indicated that they would authorize the notice to
proceed pending receipt of the executed JPA with Independent School District #194 (ISD#194).
The School Board for ISD#194 approved the JPA at their August 11, 2020 meeting. The JPA
provides that the debt and debt-related costs are paid 50/50 by the City and ISD#194. The JPA
also includes the waiver of any notice or procedural requirements under Minnesota Statutes,
Sections 469.1813-469.1814, with respect to the Abated Properties. A copy of the partially
executed JPA is attached.
In the next couple of months, City staff will begin the process for issuing debt associated with this
project.
Primary Issues to Consider
• Issuance of Debt (bonds)
Supporting Information
• JPA with ISD#194 (partially executed)
Financial Impact: $ Budgeted: Y☒ N☐ Source:
Related Documents: (CIP, ERP, etc.):
Envision Lakeville Community Values: Good Value for Public Services
Report Completed by: Jerilyn Erickson, Finance Director
7.9 M Bonds
2
4834-1882-0027\5
obligation in Section 4 above, so that the City may decrease the Abatement Revenues on a year by year
basis. The contribution amount and schedule will be determined after the issuance of the Bonds, and the
contribution will be from legally available funds of the District appropriated annually by the Board of the
District and shall not be payable from, or be secured by any pledge of, any other funds, revenues, assets or
taxing power of the District.
6. CONTRIBUTED FUNDS NOT SECURITY FOR CITY BONDS. The annually
appropriated funds of District contributed to the City will not be pledged as security for the Bonds; the
funds from the District are only intended to decrease the amount of Abatement Revenues required to be
applied to debt service on the Bonds.
7. WAIVER OF CERTAIN ABATEMENT PROCEEDINGS. The District hereby waives
any notice or procedural requirements under Minnesota Statutes, Sections 469.1813-469.1814, with respect
to the Abated Properties.
8. COUNTERPARTS. This Agreement may be executed in any number of counterparts,
each of which shall constitute one and the same instrument.
9. BINDING EFFECT. This Agreement shall inure to the benefit of and shall be binding
upon the Parties and their respective successors and assigns.
10. SEVERABILITY. In the event any provision of this Agreement shall be held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
11. AMENDMENTS, CHANGES AND MODIFICATIONS. This Agreement may be
amended or any of its terms modified only by written amendment authorized and executed by the Parties.
The Mayor and City Clerk are authorized to execute and deliver amendments and any documents related to
this Agreement on behalf of the City. The Chair and District Clerk are authorized to execute and deliver
amendments and any documents related to this Agreement on behalf of the District.