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HomeMy WebLinkAbout09-05-2023 AGENDA CITY COUNCIL MEETING September 5, 2023 - 6:30 PM City Hall Council Chambers Members of the public can participate in person at Lakeville City Hall, 20195 Holyoke Avenue. Members of the public may join the meeting via Teams Meeting, Meeting ID: 265 112 283 239 or by calling Toll Number 1-323-433-2142; Conference ID: 747 766 681#. The mayor will allow for public comments and questions at the appropriate time. The City Council is provided background information for agenda items in advance by staff and appointed commissions, committees, and boards. Decisions are based on this information, as well as City policy, practices, input from constituents, and a council member’s personal judgment. 1. Call to order, moment of silence and flag pledge 2. Roll Call 3. Citizen Comments 4. Additional agenda information 5. Presentations/Introductions a. Fire Department Quarterly Report 6. Consent Agenda a. Check Register Summary b. Minutes of the 08/28/2023 City Council Work Session c. Minutes of the 8/21/2023 City Council Meeting d. Approve the Convention and Visitors Bureau 2024 budget e. Accepting Donation from Bobbie Morgan f. Parking License Agreement g. Keswick Medical Addition Final Plat Extension 7. Action Items a. Resolution Approving the Preliminary 2024 Property Tax Levy and Preliminary 2024 Budget 8. Unfinished Business 9. New Business Page 1 of 38 City Council Meeting Agenda September 5, 2023 Page 2 10. Announcements 11. Adjourn Page 2 of 38 Date: 9/5/2023 Check Register Summary Proposed Action Staff recommends adoption of the following motion: Move to approve the Check Register Summary. Overview A summary of the claims paid during the period 08/07/2023 – 08/30/2023 is as follows: Checks 319997-320138 $2,564,921.59 ACH 14122-14257 $2,101,054.90 Electronic Funds Transfer (EFT) 20230404- 20230425 $1,611,922.93 Total $6,277,899.42 The City Council will receive a list of expenditures paid (claims detail) and it is available to the public upon request. Supporting Information 1. 8.29.23 CKSUM 2. Check Register 8.29.23 for Sept 5,2023 Council Mtg Financial Impact: $6,277,899.42 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Cheri Donovan, Assistant Finance Director Page 3 of 38 8/30/2023City of Lakeville 7:43:22R55CKS2LOGIS100 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 8/30/20238/7/2023 - Company Amount 289,459.2001000GENERAL FUND 184.39-02000 COMMUNICATIONS FUND 12.380320607A / 98A TAX INC (FAIRFIELD) 12.380320709"B" REFTIF (99B SR HSE/ARTS) 2,493.0004000BUILDING FUND 280,895.2404100EQUIPMENT FUND 12,862.7804200PARK DEDICATION FUND 1,800,698.72047002022 C PARK BONDS 18,144.78047102023 A PARK BONDS 31,914.56047202024 X PARK BONDS 12.3805010ARGONNE TIF 12.3805125MENASHA TIF 12.3705126BTD MANUFACTURING TIF 12.3705129LAUNCH PROPERTIES TIF 12.3705130SCHNEIDERMANS TIF 23 12.3705131QA1 TIF 24 19,665.5005200STATE AID CONSTRUCTION FUND 20,754.0505300PAVEMENT MANAGEMENT FUND 1,348.5005400STORM WATER INFRASTRUCTURE FND 532,700.2005500WATER TRUNK FUND 376.000658522-02 STREET RECONSTRUCTION 36.000658622-03 210TH ST LKVL BLVD RECON 2,350.00065902023 "" STREET RECONSTRUCTION 7,740.500659123-03 IPAVA AVE (KENWOOD-185TH 38,354.1407450ENVIRONMENTAL RESOURCES FUND 1,745.81-07550 UTILITY FISCAL ADMINISTRATION 276.4407575STREET LIGHTING FUND 268,263.0307600WATER FUND 307,582.1507700SEWER FUND 840,808.9107800LIQUOR FUND 29,810.8108000ESCROW FUND - DEVELOPERS/BUILD 1,253.0408910ESCROW - DCA/SECTION 125 143,973.0008924LKVL ARENAS CAPITAL PROJECTS F 419,893.9108950DAKOTA 911 - OPERATING FUND 58,814.1208970LAKEVILLE ARENAS - OPERATIONS 1,149,262.0409800PAYROLL CLEARING FUND Report Totals 6,277,899.42 Page 4 of 38 CITY OF LAKEVILLE CITY COUNCIL WORK SESSION MINUTES LAKEVILLE WATER TREATMENT FACILITY August 28, 2023 1. Mayor Hellier called the meeting to order at 6:30 pm in the Council Chambers. Members Present: Mayor Hellier, Council Members Bermel,Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Julie Stahl, Finance Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Courtney Miller, Assistant to the City Administrator; Brad Paulson, Police Chief; Paul Oehme, Public Works Director; Tina Goodroad, Community Development Director; Mike Meyer, Fire Chief 2.Moment of Silence and Flag Pledge 3.Citizen Comments: None 4.Proposed Rental Registration Ordinance Community Development Director Goodroad provided background and an overview of the proposed rental registration ordinance. The ordinance applies to all residential units that are rentals, as defined by the ordinance, with exceptions for licensed facilities, hotels or motels, and owner-occupied dwelling units. An advantage of implementing rental registration is establishing an inventory of rental properties' ownership and management information. Implementing rental registration would also allow the city to share educational resources with both owners and renters. She asked the Council to consider whether or not to require a fee for registration. The Council discussed registration fees and violation penalties. The Council directed staff to move forward with the ordinance and to not require a registration fee at this time as the purpose is to create an inventory of rental properties. 5. Dakota County Elections JPA City Clerk Orlofsky provided background and an overview of the Dakota County Elections Joint Powers Agreement (JPA). She stated that Lakeville and several other cities approached Dakota County in early 2022 about the possibility of Dakota County taking over the responsibility of administering absentee vote-by-mail services. The JPA would centralize absentee mail voting services and increase efficiency. She provided the absentee voting costs that the city incurred in previous elections and compared that to the cost of the JPA. City Administrator Miller added that a taskforce was formed to discuss and draft the JPA and that it has gone through several revisions before being presented to the Council. The JPA will go before the County Board on September 12. Page 5 of 38 City Council Work Session Minutes, August 28, 2023 Page 2 The Council discussed the absentee voting process, the cost comparison, and the overall heightened scrutiny of the election process. The Council directed staff to follow up with Dakota County on the termination timeline. The majority of the Council expressed support for the JPA and directed staff to take the next steps. 6. National Community Survey Results Assistant to the City Administrator Courtney Miller provided an overview of the National Community Survey results. The survey was conducted as part of the Envision Lakeville update. The survey was sent to 3,000 randomly selected households. About 1% of the 3,000 mailed surveys were returned because the household address was vacant or the postal service was unable to deliver the survey as addressed. Of the remaining 2,969 households that received the survey, 641 completed the survey, providing an overall response rate of 22%. In addition to the randomly selected “probability sample” of households, a link to an online open participation survey was publicized by the City of Lakeville. There were 424 responses to the open participation survey. She highlighted several areas where responses were higher than the national benchmark. She provided response data to the custom and open-ended questions, overall key findings, and the greatest changes in the 2023 survey compared to the 2018 survey. The Council discussed the results of the survey and the comparisons with the open participation survey. The Council asked what the next steps are in the Envision Lakeville process and requested additional crosstabs on the data. 7.2024 Preliminary Budget and Property Tax Levy; Equipment, Facility and Technology CIP Plans Finance Director Stahl provided an overview of the 2024 preliminary budget and property tax levy. The proposed budget reflects some additional resources needed due to community growth, increased costs for personnel, commodities, replacement of existing vehicles and equipment, technology updates, and maintenance of facilities. The 2024 property tax levy is proposed to increase 10.5% and is comprised of the following components: general fund (5.61%), pavement management fund (0%), equipment fund (-1.26%), park improvement fund (.19%), trail improvement fund (.63%), debt service funds (2.25%), and debt service for the park referendum (3.08%). The primary drivers of the change in expenditure levels for the preliminary 2024 general fund budget include workers' compensation costs, the transition to a full-time Fire Department, and new positions in the Police Department. Ms. Stahl presented the additional funding needed to support the new positions that staff requested, in addition to the positions already included (four police officers, one lead facility attendant, and two street maintenance positions). Ms. Stahl stated that the preliminary budget will be adopted at the September 5, 2023 City Council meeting. Page 6 of 38 City Council Work Session Minutes, August 28, 2023 Page 3 The Council discussed the growing community and the need to continue providing quality services. The Council directed staff to move forward with a 12.7% preliminary tax levy, that includes the elements in the proposed increase, along with the requested new positions. The Council discussed the upcoming Personnel Committee meeting and added that the requested positions can be evaluated more at that time. 10. Items for Future Discussion Volk: Discuss Lakeville's emergency preparedness plan. 11. Committee/ City Administrator Updates Lee: The Fire Relief Association Board had a successful waffle breakfast. The board is discussing pension increases and different vesting years. Upcoming Meetings: •Next Regular Meeting: September 5, 2023 •Next Work Session: September 25, 2023 12. The meeting adjourned at 8:29 pm. Respectfully submitted, _______________________________ ___________________________ Courtney Miller, Asisstant to the City Administrator Luke M. Hellier, Mayor Page 7 of 38 MINUTES CITY COUNCIL MEETING August 21, 2023 - 6:30 PM City Hall Council Chambers 1.Call to order, moment of silence and flag pledge: Mayor Hellier called the meeting to order at 6:30 p.m. 2.Roll call: Members Present: Mayor Hellier, Council Members Bermel, Lee, Volk, Wolter Staff Present: Justin Miller, City Administrator; Andrea McDowell Poehler, City Attorney; Julie Stahl, Finance Director; John Hennen, Parks & Recreation Director; Allyn Kuennen, Assistant City Administrator; Ann Orlofsky, City Clerk; Brad Paulson, Police Chief; Paul Oehme, Public Works Director 3.Citizen Comments: None 4.Additional agenda information: None 5.Presentations/Introductions: a.Parks and Recreation Director John Hennen and the Lakeville Fastpitch Softball Association Field Director Nate Teppo presented a $25,000 check to the City of Lakeville Parks Department to assist with the cost of installing an irrigation system at Aronson Park for Fields 1-4 and Field 9. b.Fire Chief Mike Meyer recognized Firefighter Mike Jones for his 22 years of service to the City of Lakeville as a Firefighter. c.Park and Recreation Director John Hennen provided the Department's Quarterly Report Page 8 of 38 City Council Meeting Minutes August 21, 2023 Page 2 6.Consent Agenda: All matters listed under consent agenda are considered routine by the City Council and will be acted on by one motion in the order listed below. There may be an explanation, but no separate discussion on these items. If discussion is desired, that item will be removed from the consent agenda and considered separately. Motion was made by Bermel, seconded by Lee to approve the following: a.Check Register Summary b.Minutes of the 8/7/2023 City Council Minutes c.Accepting Donation from Minnesota Energy Resources d.Resolution No. 23-092 Ordering Preparation of a Feasibility Report for Ipava Avenue Improvements and Bolton & Menk Supplemental Agreement for Professional Services e.Change Order for the 2023 Miscellaneous Road Repairs and Overlays Project f.Resolution No. 23-093 Approving Joint Powers Agreement Between the City of Lakeville and City of Farmington g.Agreement with Friedges Landscaping, Inc. for Aronson Park Phase II Irrigation Installation and Materials Purchase from HLS Outdoors, Improvement Project CIP #23-63 h.Timbercrest at Lakeville 10th Addition Assignment of Development Contract i.Encroachment Agreement with Nash for Private Improvements in Public Easements j.Resolution No. 23-094 Adopting Diseased Tree Nuisance Abatement and Special Assessment Agreement k.Homuth Conditional Use Permit Voice Vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk Wolter 7.Action Items: a.Resolution No. 23-095 Calling Public Hearing on Unpaid Special Charges Motion was made by Lee, seconded by Bermel, to adopt Resolution No. 23-095 Calling for a Public Hearing on Unpaid Special Charges. Page 9 of 38 City Council Meeting Minutes August 21, 2023 Page 3 Roll call was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter 8.Unfinished business: None 9.New business: None 10.Announcements: •Next Regular Meeting, Tuesday, September 5, 2023 •Next Regular Work Session, August 28, 2023 11.Adjourn: Motion was made by Wolter, seconded by Volk, to adjourn. Voice vote was taken on the motion. Ayes - Hellier, Bermel, Lee, Volk, Wolter. Page 10 of 38 Date: 9/5/2023 Approve the Convention and Visitors Bureau 2024 budget Proposed Action Staff recommends adoption of the following motion: Move to approve the Convention and Visitors Bureau 2024 budget. Overview Each year, the Lakeville Convention and Visitors Bureau presents a budget for approval by the City Council. Attached is the proposed 2024 budget. It has been reviewed and approved by both the CVB Advisory Board and the Lakeville Area Chamber of Commerce Board of Directors. Pursuant to Minnesota State Statute 469.190, lodging tax ordinance 576 was established and approved by the Lakeville City Council on April 15, 1996. The ordinance imposed a three percent lodging tax within the Lakeville city limits. An agreement dated April 15, 1996, between the City of Lakeville and the Lakeville Area Chamber of Commerce created the Convention and Visitors Bureau, a division within the Lakeville Area Chamber of Commerce, which is funded by the lodging tax. Key issues relating to the 2024 budget are included in the attached submittal letter from Ms. Krista Jech, President of Lakeville Area Chamber of Commerce. Supporting Information 1. 2024 CVB Budget Attachment Financial Impact: $ N/A Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Julie Stahl, Finance Director Page 11 of 38 August 29, 2023 The Honorable Mayor Luke Hellier City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 Dear Mayor Hellier: Action was taken to approve the Lakeville Convention and Visitors Bureau (LCVB) 2024 budget on August 2, 2023 at the LCVB Advisory Board Meeting, in preparation for the final review and acceptance by the Lakeville Chamber of Commerce Board of Directors. The Lakeville Chamber of Commerce Board of Directors approved the 2024 CVB budget as presented on Tuesday, August 22, 2023. The budget provides funding that supports Lakeville’s economic climate to: A.Brand and promote the City of Lakeville as a tourism destination in Minnesota. B.Develop marketing campaigns providing content on our city’s amenities including sports and recreation, hospitality and tourism businesses, parks, and nearby attractions. C.Partner with local, regional, and statewide tourism organizations, Twin Cities attractions, Lakeville hotels, and hospitality industry businesses. D.Provide interested tourists, groups, planners and corporate businesses information and travel services related to Lakeville and surrounding area. E.Answer inquiries about Lakeville’s hospitality industry businesses, hotels, services, annual festivals, and tourism related events. F. Aid planners, group coordinators, and organizations that need travel assistance and area amenities for meetings and events in Lakeville and surrounding area. Key line items of note for the 2024 budget are: 1.Income: Lodging tax continues to perform at or above budget estimates due to higher average nightly rates. Occupancy is still trending lower than pre-pandemic averages. We used 2023 actuals (January through June) and 2022 actuals (July through December) as our lodging tax receivable benchmark for the 2024 budget. In 2023 we received Explore Minnesota Tourism (EMT) marketing and “recovery” grants totaling $37,500. In 2024 we anticipate $10,000 to $15,000. Page 12 of 38 2.Net Operating Income: Due to some increased grant opportunities and conservative spending during and following the pandemic, the LCVB has accumulated a larger reserve than is needed. As such, the LCVB Advisory Board, per recommendation from the Chamber Board, has committed to spending approximately $230,000 of our reserves over the next three years. This will leave approximately $100,000 in reserves – which compensates for potential lost lodging tax revenue for one year from one of our largest hotels, in the event of a catastrophe. We will be spending just shy of $100,000 of our reserves in 2024, as is noted with the net operating income deficit shown on the budget. This reserve allocation will be spent to help strengthen local tourism through items listed below. 3.Advertising Expenses: The CVB is budgeting a $67,000 increase in advertising with the 2024 budget. Our 2024 budget reflects a 69% ratio in expenses directly correlated to advertising. 4.Personnel Expenses : The 2024 budget reflects a 4% wage increase for Director of Tourism. 5.Operations & Equipment Expenses: There are no significant investments for 2024 budget. 6.Tra vel: In 2024 we have budgeted to attend more conferences to reengage with partners and take advantage of educational opportunities regarding the future of local tourism and tourism trends. 7.Data and Research: (new) $25,000 has been allocated to data and research regarding tourism trends, including new marketing, for markets of our size. (Located in Other Line Item) 8.Support: (new) $20,000 has been allocated to support this work. This may include items such as content creation, lead generation, and campaign execution. (Located in Other Line Item) 9.Signage: The CVB will continue to provide community parks, attractions, and hospitality businesses with welcome signage as needed and requested. 10.Hospitality Education: (new) $8,000 to educate and prepare hotel owners and managers in the Lakeville hospitality industry for the demands of current and future visitors. (Other Line Item) Thank you for your continued support and excitement for the hospitality industry of Lakeville. Sincerely, Krista Jech President Lakeville Chamber of Commerce & Tourism Cc: Justin Miller, City Administrator John Hennen, Director of Parks & Recreation Mike Budde, 2023 LCVB Advisory Board Chair Jeanne Hutter, LCVB Director of Tourism Amy Erkenbrack, 2023 Lakeville Chamber Board Chair Page 13 of 38 CVB BUDGET2024 2024 Budget 2023 Actual (thru June)2023 Budget 2022 Actual 2021 Actual 2020 Actuals 2019 Actuals 2018 Actual Interest Income 4,300.00$ 1,496.89$ 400.00$ 485.83$ 433.86$ 733.39$ 513.26$ 451.83$ Lodging Tax 318,566.47$ 156,102.42$ 295,677.06$ 329,823.98$ 257,164.56$ 162,389.64$ 249,851.65$ 246,144.71$ Misc/Other Revenue -$ (76.97)$ -$ -$ 1,125.00$ 21,077.30$ -$ -$ EMT Grants 15,000.00$ 15,000.00$ 15,000.00$ 37,500.00$ 14,000.00$ 14,000.00$ 6,793.00$ 5,217.00$ Grant Income (MN Marine MFG)-$ 1,000.00$ -$ -$ TOTAL REVENUES 337,866.47$ 173,522.34$ 311,077.06$ 367,809.81$ 272,723.42$ 198,200.33$ 257,157.91$ 251,813.54$ EXPENSES Simple IRA Employer Expenses 2,296.09$ 1,105.20$ 2,207.78$ 2,138.26$ 2,189.24$ 2,270.34$ 2,049.59$ 2,050.29$ Payroll Tax Social Security 5,002.33$ 2,284.20$ 4,770.49$ 4,353.63$ 4,544.94$ 4,627.64$ 4,392.52$ 4,237.27$ Payroll Tax Medicare 1,170.68$ 534.18$ 1,124.32$ 976.86$ 1,063.00$ 1,082.31$ 1,020.22$ 990.99$ Payroll Tax FUTA 55.00$ 42.00$ 55.00$ -$ 55.13$ 37.05$ -$ 42.00$ Payroll Tax SUTA 408.81$ 77.52$ 392.62$ 98.44$ 23.79$ 57.24$ -$ 44.81$ Health Insurance Stipend 3,930.00$ 1,965.00$ 3,930.00$ 3,930.00$ 3,930.00$ 3,930.00$ 3,930.00$ 3,930.00$ Dental Insurance - Employer 840.00$ 408.18$ 840.00$ 816.36$ 816.36$ 816.36$ 663.98$ 1,327.40$ Wages CVB Director 76,536.47$ 38,106.56$ 67,560.08$ 71,762.56$ 70,143.16$ 67,558.56$ 65,430.02$ 62,913.29$ Payroll Processing Expense 480.00$ 240.00$ 540.00$ 440.00$ 480.00$ 360.00$ 400.00$ 660.00$ Wages Chamber President - NA -$ -$ -$ -$ -$ -$ 750.00$ -$ Wages - Bonus -$ -$ -$ -$ -$ -$ -$ 500.00$ Total Personnel Expenses 90,719.38$ 44,762.84$ 81,420.28$ 84,516.11$ 83,245.62$ 80,739.50$ 78,636.33$ 76,696.05$ Accounting Fees 3,375.00$ 1,455.00$ 2,240.00$ 2,308.13$ 1,679.25$ 1,072.50$ 2,290.00$ 2,884.75$ Advisory Board Mtgs/Exec Mtgs 2,500.00$ 647.63$ 2,000.00$ 1,266.45$ 545.20$ 100.96$ 3,362.90$ 2,451.35$ Audit Expense (+990 filing)10,000.00$ -$ 10,000.00$ 8,000.00$ 8,450.00$ 9,430.00$ 9,060.00$ 8,132.00$ Bank Service Charges 50.00$ 74.69$ 50.00$ -$ -$ 288.35$ -$ -$ Chamber Management Fee 4%12,742.66$ 5,427.07$ 11,827.08$ 13,192.96$ 9,761.85$ 6,495.59$ 9,891.04$ 9,886.33$ Depreciation -$ -$ -$ 448.55$ 614.47$ 1,093.81$ 165.91$ 8.33$ Insurance-Directors 400.00$ 365.00$ 400.00$ 355.00$ 300.00$ 300.00$ 480.00$ 480.00$ Insurance-Workmans Com 350.00$ 251.00$ 350.00$ 224.75$ 224.75$ 233.48$ -$ -$ Insurance-Buld & Contents -$ -$ -$ -$ -$ -$ -$ -$ Office Supplies -split w chamber 1,800.00$ 814.52$ 1,800.00$ 1,386.13$ 444.30$ 68.70$ 4,162.85$ 124.74$ Rent 9,000.00$ 4,500.00$ 9,000.00$ 9,000.00$ 9,000.00$ 9,000.00$ 9,000.00$ 9,000.00$ Supplies - CVB only 600.00$ 182.97$ 300.00$ 43.21$ 187.75$ -$ -$ (646.45)$ Telephone/Internet 1,560.00$ 865.66$ 1,560.00$ 957.77$ 708.91$ 1,565.34$ 1,505.18$ 1,536.04$ Telephone - Cell 1,140.00$ 454.50$ 1,140.00$ 1,106.45$ 1,096.67$ 1,154.66$ 1,001.32$ 1,014.48$ Other Expense -$ -$ -$ -$ -$ -$ -$ 16.07$ Total Operations Expenses 43,517.66$ 15,038.04$ 40,667.08$ 38,289.40$ 33,013.15$ 30,803.39$ 40,919.20$ 34,887.64$ Computer Technology 600.00$ 103.87$ 2,000.00$ -$ 3,950.67$ 758.85$ -$ 916.29$ Office Equipment -$ -$ -$ -$ -$ -$ 1,691.80$ Maintenance & Repairs -$ 360.00$ -$ -$ -$ -$ -$ Equipment Expense 600.00$ 463.87$ 2,000.00$ -$ 3,950.67$ 758.85$ 1,691.80$ 916.29$ Advertising -216,815.00$ 56,046.20$ 149,460.00$ 129,282.82$ 113,498.54$ 73,508.09$ 91,415.11$ 89,145.74$ - MPLS SOUTH Co-op 3,000.00$ 8,500.00$ 8,500.00$ - EXPLORE MN Tourism 4,500.00$ 4,500.00$ 4,500.00$ - LAKEVILLE 3,000.00$ 78,415.11$ 84,687.00$ ADVERTISING -$ -$ Business Meetings 2,100.00$ 946.60$ 3,300.00$ 1,396.78$ 841.78$ 1,490.98$ 3,725.25$ 4,953.60$ Contests awards gifts (Tourism Lunch 1,600.00$ 1,603.67$ 1,600.00$ 671.82$ -$ -$ -$ 655.20$ Conferences/Education /Seminars 4,420.00$ 403.00$ 2,175.00$ 389.00$ 572.00$ 258.00$ 3,435.00$ 1,153.00$ Event Sponsorships 1,900.00$ 272.42$ 2,150.00$ 797.30$ 375.00$ -$ -$ 900.00$ DropBox (old)-$ -$ -$ -$ -$ -$ -$ -$ Marketing (old)-$ -$ -$ -$ -$ Memberships 3,180.00$ 1,770.00$ 2,430.00$ 1,836.25$ 564.70$ 1,677.25$ 1,734.00$ 1,950.00$ Postage & Shipping Expense 1,600.00$ 774.54$ 1,000.00$ 489.07$ 2,066.25$ 285.24$ 937.15$ 1,141.48$ Printing (not included in advertising)800.00$ 18.21$ 1,000.00$ 169.26$ 564.70$ -$ 1,721.18$ 460.43$ Public Relations 1,400.00$ 502.21$ 900.00$ 1,209.85$ 510.82$ 365.32$ -$ -$ Promotional Items 5,000.00$ 707.91$ 2,750.00$ 2,305.74$ 1,118.85$ 3,220.88$ 4,314.91$ Tour/Planners FAMs 300.00$ 32.70$ 650.00$ -$ 445.78$ -$ -$ 6,571.38$ Trade Show Expense 2,540.00$ 1,745.12$ 3,550.00$ 1,950.12$ 772.72$ 1,251.88$ 5,964.58$ 2,065.08$ Research & Development 52,988.00$ Travel 6,975.00$ 1,391.47$ 6,000.00$ 2,420.21$ 1,419.58$ 1,677.95$ 2,808.56$ 3,557.22$ Web Site Hosting/Expenses 1,100.00$ -$ 1,000.00$ 1,244.99$ 573.00$ 4,085.94$ 1,800.00$ 600.00$ Advertising Expenses 302,718.00$ 66,214.05$ 177,965.00$ 144,163.21$ 113,498.54$ 85,719.50$ $116,761.71 117,468.04$ Total Expenses 437,555.03$ 126,478.80$ 302,052.37$ 266,968.72$ 242,622.33$ 198,021.24$ $238,009.04 229,968.02$ -$ NET INCOME/(LOSS)(99,688.56)$ 47,043.54$ 9,024.69$ 100,841.09$ 30,101.09$ 179.09$ 19,148.87$ 21,845.52$ Advertising to total expense 69%59%59%54%47%43%45%47% Advertising Expense Variance Prior Ye 267%162%162%168%132%-27%-0.60% Total Expense Variance Prior Year 180%127%127%135%123%-17%3.50% Total Revenue Variance Prior Year 124%130%130%186%138%-23%2.12% Page 14 of 38 Date: 9/5/2023 Accepting Donation from Bobbie Morgan Proposed Action Staff recommends adoption of the following motion: Move to approve resolution to accept a $500.00 donation from Bobbie Morgan to the Lakeville Fire Department. Overview Lakeville Fire Department was presented a donation of $500.00 from Bobbie Morgan. Bobbie shared her passion for animals and wanted to make a donation for the fire department to purchase animal oxygen masks. The donation will be used to purchase kits to provide assistance to pets in distress and will be placed on department response vehicles. Supporting Information None Financial Impact: $500.00 Budgeted: No Source: Envision Lakeville Community Values: Safety Throughout the Community Report Completed by: Michael Meyer, Fire Chief Page 15 of 38 CITY OF LAKEVILLE RESOLUTION NO._________ ACCEPTING DONATION FROM BOBBIE MORGAN WHEREAS, MN Statute 465.03 requires that cities accept donations for the benefit of its citizens in accordance with the terms prescribed by the donor; and WHEREAS, the City of Lakeville’s Fire Department has received a donation from Bobbie Morgran in the amount of $500.00; and WHEREAS, the donation is beneficial to the fire department. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota that the donation is hereby officially accepted and acknowledged with gratitude to the donor; and BE IT FURTHER RESOLVED that City staff is authorized to amend the budget to comply with grant agreements and restricted donations. ADOPTED by the Lakeville City Council this 5th day of September 2023 Page 16 of 38 Date: 9/5/2023 Parking License Agreement Proposed Action Staff recommends adoption of the following motion: Approve Parking License Agreement. Overview The Wells Fargo downtown branch at 8790 207th Street West owns two parking lots located immediately south of the building and north of two lots owned by the city. These 25 spaces are signed for use by Wells Fargo customers only, limiting any use by visitors to downtown. Staff requested the ability for public use of these spaces after normal banking hours. Wells Fargo has agreed, and a Parking License Agreement has been prepared that will allow public use of these 25 spaces. The City is responsible for replacing current parking signs with new signs indicating that the parking spaces shall be used by Wells Fargo during normal business hours and open to the public during the hours between 6:00 p.m. and 8:00 a.m. The city will also be responsible for snow and ice removal, which is not an issue as the city owns the lot immediately to the south. The additional spaces will provide immediate relief in parking congestion in the core of downtown during the busy evening hours. Supporting Information 1. License Agreement Financial Impact: $0 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Tina Goodroad, Community Development Director Page 17 of 38 WF20220930 Page 1 PARKING LICENSE AGREEMENT Lakeville, MN – 8790 207th St W (BE #101262) THIS PARKING LICENSE AGREEMENT (“Agreement”) is entered into by WELLS FARGO BANK, N.A. (“Wells Fargo”), and the CITY OF LAKEVILLE (“Licensee”), as of the date this Agreement is executed by the last to sign of Wells Fargo and Licensee as shown on the signature page(s) at- tached hereto. The parties hereby agree as follows: 1. Grant of License. Wells Fargo is the owner of certain real property and improvements thereon located at 8790 207th St W, Lakeville, MN 55044 (“Property”). Subject to Licensee’s compliance with all terms of this Agreement, Wells Fargo hereby grants to Licensee (i) a license to access the pedestrian and vehicular ingress and egress areas of the Property, as such areas exist from time to time, for the purpose of public pedestrian and vehicular ingress and egress to and from the Parking Spaces (defined below) and the public streets abutting the Property and (ii) a license to use the parking spaces depicted and further described in Exhibit A attached hereto (the “Parking Spaces”) for public motor vehicle parking following normal banking hours, during the hours of 6 p.m. to 8 a.m. only (the “Permitted Hours”). 2. Term. The term of this Agreement (“Term ”) commences September 1, 2023 (“Com- mencement Date”) and expires on August 31, 2026 (the “Expiration Date”), without the option of re- newal. Either party may terminate this Agreement at any time for any reason upon written notice thereof to the other party, in which case this Agreement terminates on the last day of the month thirty (30) days after the date the non-terminating party received the termination notice. 3. Monthly Payment. Beginning on the Commencement Date and continuing throughout the Term, Licensee shall pay Wells Fargo, for the license of the Parking Spaces, the sum of Zero Dollars ($0.00) per month (“Monthly Payment”). 4. Use. Licensee shall (a) not use the Property or the Parking Spaces for any purpose other than for public ingress and egress to and from the Parking Spaces and for the public parking of motor vehicles in the Parking Spaces; (b) only use the Parking Spaces during the Permitted Hours; (c) not obstruct any entranceways, driveways, exits, emergency vehicle access areas, drive-thru teller lanes, automated teller machine areas or night depository areas located on the Property; and (d) use its good faith, best efforts to prevent any act from occurring on or about the Property that constitutes a nuisance or creates unpleasant or offensive noises or odors. 5. As Is. Licensee hereby acknowledges that neither Wells Fargo nor any of Wells Fargo’s agents, representatives or officers have made any representation or warranty, either express or implied, with regard to the condition of the Property or the Parking Spaces, or with regard to the suitability or fitness of the Property or the Parking Spaces for Licensee’s intended use. Licensee further accepts the Property and the Parking Spaces in “AS IS” and “WHERE IS” condition, with all faults and defects (known and un- known). 6. Alterations. Licensee shall not make any alterations or construct any improvements at the Property without the prior written consent of Wells Fargo, which consent may be withheld in Wells Fargo’s sole discretion without considering the interests of Licensee or any third-party. Licensee shall replace the current parking signs at the Property with new signs, indicating that the Parking Spaces shall be used by Wells Fargo during normal business hours and open to the public during the Permitted Hours only. All alterations described herein shall be approved by property manager, Sharon Vincent, to ensure compliance Page 18 of 38 Lakeville, MN – 8790 207th St W (BE #101262) Page 2 with Wells Fargo standards. Licensee shall be responsible for all maintenance of the Parking Spaces result- ing from Licensee’s use of the Parking Spaces, including but not limited to, repairs, restriping, repaving, snow/ice removal, and replacement of any landscaping impacted by Licensee’s maintenance. Wells Fargo shall be responsible for other improvements necessary due to normal wear and tear and for any reconstruc- tion of the Parking Spaces. 7. Compliance with Laws. Licensee shall, at its sole cost and expense, comply with all ap- plicable governmental and quasi-governmental laws, ordinances, codes, regulations, and statutes pertaining to Licensee’s use and occupancy of the Parking Spaces and obtain all necessary permits for such use and occupancy. 8. Insurance. 8.1. During the Term, Licensee shall maintain: (i) Commercial General Liability insur- ance (“CGL Insurance”) with limits of liability not less than $2,000,000 per occurrence with a general aggregate of not less than $3,000,000 covering liability arising from the Property, its operations, independ- ent contractors, product-completed operations, personal injury, and advertising injury, and also shall include a contractual liability endorsement that insures Licensee’s assumed liability under this Agreement; (ii) Commercial Automobile Liability insurance (“CAL Insurance”) with limits of liability not less than $2,000,000 per occurrence covering bodily injury, including death, and property damage for liability arising from use of Licensee’s owned, non-owned, and hired vehicles; (iii) Workers’ Compensation insurance (“WC Insurance”) in accordance with all federal and state statutory requirements and Employers’ Liability insurance (“EL Insurance”) in an amount of not less than $1,000,000 per accident for bodily injury and $1,000,000 per employee/aggregate for disease; and (iv) Umbrella Liability insurance (“Umbrella Liabil- ity Insurance”) with limits of liability of not less than $1,000,000 per occurrence that applies on a “fol- lowing form” basis and is in excess of the underlying CGL Insurance, CAL Insurance, and EL Insurance limits of liability with the Umbrella Liability Insurance policy listing the CGL Insurance, CAL Insurance, and EL Insurance policies on its schedule of underlying Insurance (collectively, “Liability Insurance”). 8.2. For each Liability Insurance policy, except WC Insurance, EL Insurance, and CAL Insurance, Licensee shall name Wells Fargo, its respective employees, officers, directors, subsidiaries, af- filiates, agents, and representatives, as additional insureds. In addition, the Liability Insurance policies must be endorsed to be primary and non-contributory, rather than excess, with respect to their additional insured status. If a Liability Insurance policy does not contain a standard ISO separation of insureds provision, it must be endorsed to provide cross-liability coverage. Further, the Liability Insurance policies must not have any cross suits exclusion, or any similar exclusion that excludes coverage for claims brought by one insured under the policy against another insured under the policy. Licensee also shall obtain a waiver of subrogation for the benefit of Wells Fargo from Licensee’s WC Insurance insurer and shall endorse Licensee’s WC Insurance policy to reflect the foregoing waiver of subrogation. Licensee hereby expressly waives its stat- utory and constitutional immunity related to Workers’ Compensation matters as codified in applicable law with respect to any claim brought by an employee of Licensee against Wells Fargo. 8.3. All insurance policies required by this Section 8 (i) must be issued by insurance companies having an “A” rating or better by Standard and Poor’s, and if not rated by Standard & Poor’s, then a rating of “A” by A.M. Best Company, and (ii) may be satisfied by a primary policy or combination of primary, excess, or umbrella policies. The insurance provisions in this Section 8 set forth the minimum amounts and scopes of coverage to be maintained by Licensee and are not to be construed in any way as a limitation on Licensee’s liability under this Agreement. 8.4. Licensee shall not self-insure any of its obligations under this Agreement; pro- vided, however, that Licensee may elect not to provide WC Insurance, but only for those employments that Page 19 of 38 Lakeville, MN – 8790 207th St W (BE #101262) Page 3 are not compulsory according to applicable law in the jurisdiction where the Property are located. The responsibility to fund any financial obligation for self-insurance, the election not to insure, and the amount of any deductible are assumed by, for the account of, and at the sole risk of Licensee. The application of coverage within the election not to provide WC Insurance and/or any deductibles is deemed covered in accordance with the policy forms set forth in this Section 8. 8.5. Licensee shall furnish Certificate(s) of Insurance evidencing all of the above-de- scribed insurance policies, waivers of subrogation, additional insured obligations, and separation of insured provision prior to or upon execution of this Agreement and annually not later than ten (10) business days after the expiration of each policy. Licensee shall notify Wells Fargo within five business days after Licen- see’s receipt of any Notice of Cancellation, material modification, reduction in coverage, or non-renewal from its insurer that results in non-compliance with the requirements of this Section 8. 8.6. If Licensee fails to procure any of the insurance required under this Section 8, or fails to maintain the same in full force and effect continuously during the Term, then Wells Fargo shall have the right to terminate this Agreement. 9. Indemnification. Licensee shall indemnify, hold harmless, pay, and reimburse Wells Fargo and Wells Fargo’s agents, employees, officers, affiliates, and representatives from, for, and against any and all costs (including, without limitation, reasonable attorney fees and court costs), expenses, claims, liabili- ties, causes of actions and damages related to, or in connection with, (i) the use of the Parking Spaces by Licensee or any of the Licensee Parties (as defined below), (ii) any default by Licensee under this Agree- ment, or (iii) any other act or omission of Licensee or any of the Licensee Parties. Licensee shall be respon- sible, and shall reimburse Wells Fargo on demand, for any costs or expenses incurred by Wells Fargo in connection with any damage caused by Licensee or any of the Licensee Parties to the Property or any other property owned by Wells Fargo. Notwithstanding the foregoing this Agreement will not be construed to negate, abridge, or waive the Client’ s liability or immunities pursuant to Minnesota Statutes, Chapter 466. 10. Waiver of Liability. Except for gross negligence or intentional misconduct by Wells Fargo, its officers, employees or agents, to the fullest extent permitted by law, Licensee, on behalf of itself and all the Licensee Parties, hereby waives any and all claims against Wells Fargo and the Property, and hereby releases Wells Fargo and the Property from and against any and all claims and liabilities arising out of, or in connection with, the use of the Parking Spaces by Licensee or any of the Licensee Parties. 11. Remedies. If Licensee defaults in the performance of any of its obligations, agreements, or covenants contained in this Agreement, Wells Fargo may, without any notice to Licensee, and in addition to all rights and remedies available to Wells Fargo at law or in equity, terminate this Agreement. In addition if Licensee fails to remove, upon expiration or termination of the Term, any property brought onto the Property by Licensee or Licensee Parties (including any vehicles) (collectively, the “Licensee’s Prop- erty”), then Wells Fargo may, without any notice to Licensee or Licensee Parties, remove and store Licen- see’s Property from the Property and with respect to vehicles, have the vehicles towed to an impound lot, all at the sole cost and expense of Licensee. Wells Fargo is not liable to Licensee for any damage to Licen- see’s Property caused by such removal and storage and Licensee shall reimburse Wells Fargo upon demand for all reasonable costs and expenses incurred by Wells Fargo in connection with such removal and storage. Without limiting the foregoing, Wells Fargo may sell, or cause to be sold, Licensee’s Property, excluding motor vehicles, to pay any cost of removal and/or storage of Licensee’s Property or any other expenses of Wells Fargo caused by Licensee’s default(s) hereunder. 12. Surrender. Licensee shall, prior to the Expiration Date and at its sole cost and expense, (i) clean and restore the Parking Spaces to the same or better condition as on the Commencement Date, reasonable wear and tear excepted, and (ii) repair any damage caused to the Property or the Parking Spaces Page 20 of 38 Lakeville, MN – 8790 207th St W (BE #101262) Page 4 resulting from the use or occupancy of the Property or the Parking Spaces by Licensee or any of Licensee’s agents, employees, contractors, invitees, assignees, transferees, licensees, subtenants, or any other third party using any of the Parking Spaces (collectively, the “Licensee Parties”). 13. No Assignment. Licensee shall not assign, transfer, or sublet this Agreement or any of the rights under this Agreement without the prior written consent of Wells Fargo, which consent may be with- held in Wells Fargo’s sole discretion without considering the interests of Licensee or any third-party. 14. Notices. 14.1. Written Notice; Delivery Methods. Each party giving or making any notice, re- quest, demand, consent, approval, or other communication (each, a “Notice” (but sometimes “notice”)) pursuant to this Agreement shall: (i) give the Notice in writing; (ii) cause the Notice to be signed by an authorized representative of the sending party (the sending party’s attorney is authorized to sign and send a Notice on behalf of the sending party); and (iii) use one of the following methods of delivery, each of which for purposes of this Agreement is a writing: (a) personal delivery; (b) Certified Mail, return receipt re- quested, with postage paid; (c) nationally recognized overnight courier, with all fees paid; or (d) email (but only if a party’s email address is included in its notice address below or is otherwise provided to the other party by a Notice). 14.2. Addresses. Each party giving a Notice shall address the Notice to the appropriate person at the receiving party (the “Addressee”) at the address(es) set forth below or to another Addressee or at another address as designated by a party in a Notice pursuant to this Section 14. To Wells Fargo: Wells Fargo CPG Attn: Property Admin (BE #101262) MAC D1116-L10 1525 West W.T. Harris Blvd. Charlotte, NC 28262 E: PropertyAdmin@WellsFargo.com To Licensee: The City of Lakeville Attn: City Administrator 20195 Holyoke Avenue Lakeville, MN 55044 E: tgoodroad@lakevillemn.gov 14.3. Effectiveness of a Notice. Except as provided elsewhere in this Agreement, a No- tice is effective only if (i) the party giving the Notice has complied with the two subsections set forth above and (ii) the Notice is deemed to have been received by the Addressee. A Notice is deemed to have been received by the Addressee as follows: (a) if a Notice is delivered in person, sent by Certified Mail, or sent by nationally recognized overnight courier: on the earlier of the date of delivery or the date the Notice is available for pickup, all as evidenced by the records of the delivering person or entity; (b) if a Notice is sent by email: on the date the email Notice is sent to the Addressee’s email address; and (c) if the Addressee rejects or otherwise refuses to accept the Notice (e.g., if the Addressee does not pick up the Notice timely), or if the Notice cannot be delivered because of a change in address for which no Notice was given: upon the rejection, refusal, or inability to deliver the Notice, which shall be deemed to be the date of rejection, refusal, inability to deliver, or availability for pickup, all as evidenced by the records of the delivering person or entity. If a Notice is sent by email, the party sending the Notice also must send, unless such requirement is waived in a return email from the receiving party, a confirmation copy of the Notice by one Page 21 of 38 Lakeville, MN – 8790 207th St W (BE #101262) Page 5 of the other methods in the first subsection set forth above within three (3) business days after the send date of the email, but the lack of delivery of such other Notice does not negate the email Notice. 14.4. Delivery Time of Notice. Notwithstanding the foregoing, if any Notice is received after 5:00 p.m. on a business day where the Addressee is located, or on a day that is not a business day where the Addressee is located, then the Notice is deemed received at 9:00 a.m. on the next business day where the Addressee is located. 15. Additional Terms. 15.1. No Lease. This Agreement does not create the relationship of landlord and tenant between Wells Fargo and Licensee. Licensee has no control over the Property or any of the improvements located thereon. 15.2. Successors or Assigns. The terms, conditions, covenants, and agreements of this Agreement extend to and are binding upon Wells Fargo, Licensee, and their successors and assign, if any, and upon any person or entity coming into ownership or possession of any interest in the Property by oper- ation of law or otherwise. 15.3. Severability. If any term, covenant, or condition of this Agreement or the applica- tion thereof to any person or circumstance is, to any extent, invalid, illegal, or unenforceable, the remainder of this Agreement, or the application of such term, covenant, or condition to parties or circumstances other than those to which it is held invalid, illegal, or unenforceable, is not affected thereby and each term, cov- enant, and condition of this Agreement remains valid and enforceable to the fullest extent permitted by law, but only if the essential terms and conditions of this Agreement for each party remain valid, binding, and enforceable. 15.4. Waiver of Agreement Terms. The parties may waive any provision of this Agree- ment only by a writing executed by the party or parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy or in requiring the satisfaction of any condition under this Agreement, and no act, omission, or course of dealing between the parties, operates as a waiver or estoppel of any right, remedy, or condition. A waiver once given is not to be construed as a waiver on any future occasion or against any other person or entity. 15.5. Amendment. The parties may amend this Agreement only by a written agreement of the parties that identifies itself as an amendment to this Agreement. 15.6. Headings/Captions. The descriptive headings/captions of the sections and sub- sections of this Agreement are for convenience only, do not constitute a part of this Agreement, and do not affect this Agreement’s construction or interpretation. The words “herein”, “hereof”, and “hereto” when used in this Agreement refer to this Agreement in its entirety and not solely to any specific sentence, para- graph, or section. 15.7. Choice of Law. The laws of the state, commonwealth, or jurisdiction where the Property is located (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including its interpretation, construction, performance, and enforcement. 15.8. Authority to Execute. Each party represents to the other party that this Agree- ment: (i) resulted from an arm’s-length negotiation; (ii) has been duly authorized, executed, and delivered by and on behalf of such party; and (iii) constitutes the valid, binding, and enforceable Agreement of such Page 22 of 38 Lakeville, MN – 8790 207th St W (BE #101262) Page 6 party in accordance with the terms of this Agreement. In addition, Wells Fargo represents to Licensee that Wells Fargo has the full right, power, and authority to enter into this Agreement without the necessity of obtaining any third party approval (other than those already obtained by Wells Fargo) and that the terms of this Agreement do not violate any Agreement, loan, condition, covenant, restriction, exclusive, or any other agreement or provisions which existed prior to the date of this Agreement. 15.9. No Construction Against Drafting Party. Wells Fargo and Licensee acknowledge that each of them and their respective counsel have had an opportunity to review this Agree- ment and that this Agreement will not be construed for or against either party merely because such party prepared or drafted this Agreement or any particular provision thereof. 15.10. Counterparts & Digital Signatures. The parties may execute this Agreement in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one Agreement. The signatures of all parties need not appear on the same counterpart. This Agreement is valid, binding, and enforceable against a party only when executed by an authorized individual on behalf of a party by means of (i) an electronic signature that complies with the federal Electronic Signatures in Global and National Commerce Act, state enactments of the Uniform Electronic Transactions Act, or any other relevant and applicable electronic signatures law; (ii) an original manual signature; or (iii) a faxed, scanned, or photocopied manual signature. Each electronic signature or faxed, scanned, or photocopied manual signature has for all purposes the same validity, legal effect, and admissibility in evidence as an original manual signature. This Agreement is effective upon delivery of one executed counterpart from each party to the other parties. In proving this Agreement, a party must produce or account only for the executed counterpart of the party to be charged. 15.11. Acceptance. The submission of this Agreement to Wells Fargo by Licensee or to Licensee by Wells Fargo does not constitute an offer to Agreement. This Agreement becomes effective only upon the execution and delivery thereof by both Wells Fargo and Licensee. 15.12. Damages. Notwithstanding anything set forth in this Agreement to the contrary, neither party is liable to the other for any special, indirect, punitive, or consequential damages. 15.13. Time of the Essence. Time is of the essence in this Agreement. 15.14. Business Days. “Business Day” (or “business day”) means, as to any party, any day that is not a Saturday, Sunday, or other day on which national banks are authorized or required to close in the state, commonwealth, or jurisdiction where the Premises are located (“Bank Holiday”). To compute a time period under this Agreement when the period is stated in days or a longer unit of time: (i) exclude the day of the event that triggers the period; (ii) count every day, including intermediate Saturdays, Sundays, and Bank Holidays; and (iii) include the last day of the period, but if the last day is a Saturday, Sunday, or Bank Holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or Bank Holiday. 15.15. Attorneys’ Fees. In the event of any litigation related to this Agreement, whether to enforce its terms, recover for default, or otherwise, if either party receives a judgment, settlement, or award in its favor (the “Receiving Party”) against the other party (the “Paying Party”) in such litigation, the Paying Party shall pay upon demand all of the Receiving Party’s costs, charges, and expenses (including reasonable attorneys’ fees, court costs, and expert witness fees) arising out of such litigation (including the costs of any appeal related thereto); provided, however, that if prior to commencement of a trial in the litigation the Paying Party offers to pay an amount equal to or in excess of such judgment, settlement, or award, the Receiving Party is not entitled to any such costs, charges, expenses, or attorneys’ fees. Page 23 of 38 Lakeville, MN – 8790 207th St W (BE #101262) Page 7 15.16. Third-Party Beneficiaries. Except for the right of the public and Licensee Parties for access and parking as provided under Paragraph 1 of this Agreement, this Agreement does not and is not intended to confer any rights or remedies upon any person or legal entity other than the signatories. 15.17. Survival. The provisions of this Agreement that would require that they survive the expiration or earlier termination of this Agreement in whole or part to give them full effect survive the expiration or termination of this Agreement in whole or part for any reason, regardless of the date, cause, or manner of such expiration or termination. In addition, all rights of action arising from or related to this Agreement that accrue during the term of this Agreement, and any remedies for such claims, both legal and equitable, survive the expiration or earlier termination of this Agreement. 15.18. Anti-Money Laundering, Sanctions, and Anti-Corruption. 15.18.1. “AML Laws” means all U.S. anti-money laundering laws that criminal- ize money laundering or any predicate crimes to money laundering. “Anti-Corruption Laws” means the U.S. Foreign Corrupt Practices Act and any similar applicable statute, rule, or regulation relating to bribery or corruption. “Sanctions” means any economic, trade, or financial sanctions, sectoral sanctions, secondary sanctions, trade embargoes, or anti-terrorism laws imposed from time to time by the United States govern- ment including but not limited to those administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control. Each party represents to the other party that it is not a target of Sanctions and will not directly or indirectly transfer any of its interest in the Agreement to a target of Sanctions. At all times during the term of this Agreement each party shall not violate applicable Sanctions, AML Laws, or Anti-Corruption Laws to the extent that such violation results in it being unlawful for the non-violating party to transact business under the Agreement with the violating party. If a violation occurs that results in it being unlawful for the non-violating party to transact business under the Agreement with the violating party, the non-violating party may suspend, upon written notice thereof to the violating party, any monetary obligations under the Agreement until such time as the violating party is no longer in violation. In addition, if such violation is not cured promptly, the non-violating party may terminate the Agreement upon prior written notice thereof to the violating party. 15.18.2. “Sanctions Info” means (i) full legal name, (ii) TIN/SSN for an entity or individual, as applicable, that is a party to the Agreement, and (iii) full current business street address. “Entity Signatory” (collectively, “Entity Signatories”) means an entity that executes this Agreement di- rectly or indirectly for an entity party. Licensee shall, prior to execution of this Agreement, deliver to Wells Fargo a notice setting forth Sanctions Info for all entities and individuals that are a party to the Agreement and for all Entity Signatories (e.g., if the entity executing this Agreement is John Smith LLC (the entity party) by Peter Jones LLC, its sole manager (the Entity Signatory), by Jack Miller, its sole manager, then the notice must include Sanctions Info for John Smith LLC and for Peter Jones LLC, but not for Jack Mil- ler). Thereafter, each party shall, within five (5) business days after receipt of written notice thereof from the other party, deliver to the requesting party a notice setting forth the Sanctions Info (see example above) for all entities and individuals that are a party to the Agreement and for all Entity Signatories. 15.19. Merger/Prior Licenses. THIS LICENSE CONSTITUTES THE FINAL AGREEMENT BETWEEN THE PARTIES. IT IS THE COMPLETE AND EXCLUSIVE EXPRES- SION OF THE PARTIES’ AGREEMENT ON THE MATTERS CONTAINED IN THIS LICENSE. ALL PRIOR AND CONTEMPORANEOUS NEGOTIATIONS AND AGREEMENTS BETWEEN THE PARTIES ON THE MATTERS CONTAINED IN THIS LICENSE ARE EXPRESSLY MERGED INTO AND SUPERSEDED BY THIS LICENSE. THE PROVISIONS OF THIS LI- CENSE MAY NOT BE EXPLAINED, SUPPLEMENTED, OR QUALIFIED THROUGH EVI- DENCE OF TRADE USAGE OR A PRIOR COURSE OF DEALINGS. IN ENTERING INTO THIS LICENSE, THE PARTIES HAVE NOT RELIED UPON ANY STATEMENT, REPRESENTATION, Page 24 of 38 Lakeville, MN – 8790 207th St W (BE #101262) Page 8 OR AGREEMENT OF THE OTHER PARTY EXCEPT FOR THOSE EXPRESSLY CONTAINED IN THIS LICENSE. THERE IS NO CONDITION PRECEDENT TO THE EFFECTIVENESS OF THIS LICENSE OTHER THAN THOSE EXPRESSLY STATED IN THIS LICENSE. 16. Waiver of Jury Trial. EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW IN ANY ACTION OR OTHER LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES. THIS WAIVER APPLIES TO ANY ACTION OR OTHER LEGAL PROCEEDING, WHETHER SOUNDING IN CONTRACT, TORT, OR OTH- ERWISE. EACH PARTY ACKNOWLEDGES THAT IT HAS RECEIVED THE ADVICE OF COM- PETENT COUNSEL. [Remainder of Page Left Blank Intentionally – Signatures on Following Page(s)] Page 25 of 38 Lakeville, MN – 8790 207th St W (BE #101262) Page 9 The parties hereby execute this Agreement as of the dates set forth below. Wells Fargo (Licensor): WELLS FARGO BANK, N.A. By: Print Name: Title: Date: By: Print Name: Title: Date: Licensee: THE CITY OF LAKEVILLE By: Luke M. Hellier, Mayor Date: By: Ann Orlofsky, City Clerk Date: Page 26 of 38 Lakeville, MN – 8790 207th St W (BE #101262) A-1 EXHIBIT A SITE PLAN Page 27 of 38 Date: 9/5/2023 Keswick Medical Addition Final Plat Extension Proposed Action Staff recommends adoption of the following motion: Move to approve an extension of the Keswick Medical Addition final plat until September 3, 2024 Overview The Keswick Medical Addition final plat of one commercial lot was approved by the City Council on November 7, 2022. The property is located at 21704 Keswick Loop, south of 210th Street (CSAH 70) and a 44,255 square foot, two-story Twin Cities Orthopedics (TCO) medical office building is proposed to be developed on the property. The final plat is required to be recorded within 100 days of approval. On February 6, 2023 the City Council approved an extension to record the final plat until September 3, 2023. Twin Cities Orthopedic representatives have requested another extension to record the final plat to allow additional time to finalize construction financing and building design options for 2024 construction. City staff has agreed to support an extension until September 3, 2024 to record the Keswick Addition final plat. On a future City Council agenda, the City Council will be requested to approve an amendment to the development contract to allow an extension for the completion of construction until November 30, 2025. Supporting Information 1. Extension of Final Plat 2. Approved Final Plat Financial Impact: $0.00 Budgeted: No Source: Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, Associate Planner Page 28 of 38 September 5, 2023 Item No. ______ KESWICK MEDICAL ADDITION FINAL PLAT EXTENSION Proposed Action Staff recommends adoption of the following motion: Move to approve an extension to the Keswick Medical Addition final plat until September 3, 2024. Overview The Keswick Medical Addition final plat of one commercial lot was approved by the City Council on November 7, 2022. The property is located at 21704 Keswick Loop, south of 210th Street (CSAH 70) and a 44,255 square foot, two-story Twin Cities Orthopedics (TCO) medical office building is proposed to be developed on the property. The final plat is required to be recorded within 100 days of approval. On February 6, 2023 the City Council approved an extension to record the final plat until September 3, 2023. Twin Cities Orthopedic representatives have requested another extension to record the final plat to allow additional time to finalize construction financing and building design options for 2024 construction. City staff has agreed to support an extension until September 3, 2024 to record the Keswick Addition final plat. On a future City Council agenda, the City Council will be requested to approve an amendment to the development contract to allow an extension for the completion of construction until November 30, 2025. Supporting Information •Keswick Medical Addition final plat Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Diversified Economic Development Report Completed by: Frank Dempsey, AICP, Associate Planner 0 N/A Page 29 of 38 LOUCKS SECTION 35, TOWNSHIP 114, RANGE 21 DAKOTA COUNTY, MINNESOTA VICINITY MAP N NOT TO SCALE (CSAH NO 70) SHEET 2 OF 2 SHEETS 210TH ST W INTERSTATE NO 35215TH ST W KEOKUK AVEKESWICK LOOPSITE BEING 10 FEET IN WIDTH, UNLESS OTHERWISE INDICATED, AND ADJOINING RIGHT-OF-WAY LINES, AND PLAT BOUNDARY LINES, AS SHOWN ON THE PLAT. DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: (NOT TO SCALE) BEARINGS ARE BASED ON THE SOUTH LINE OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 114, RANGE 21, HAVING A BEARING OF S89°46'18"W.NDENOTES FOUND "PK NAIL" SCALE IN FEET 0 DENOTES FOUND 1/2 INCH IRON MONUMENT, MARKED "23189", UNLESS OTHERWISE SHOWN (D)DENOTES DEED DISTANCE 100 200 DENOTES FOUND DAKOTA COUNTY MONUMENT DENOTES "RIGHT OF ACCESS" DEDICATED TO DAKOTA COUNTY Page 30 of 38 Date: 9/5/2023 Resolution Approving the Preliminary 2024 Property Tax Levy and Preliminary 2024 Budget Proposed Action Staff recommends adoption of the following motion: Resolution Approving the Preliminary 2024 Property Tax Levy and Preliminary 2024 Budget Overview Passage of these resolutions will result in the approval of the preliminary 2024 tax levy of $44,082,700, preliminary 2024 General Fund budget and the use of General Fund reserves as discussed at the August 28 Council work session and will set the date for the budget public hearing. The City Council has reviewed primary drivers of revenue and expenditure changes for the preliminary 2024 General Fund budget and proposed Capital Improvement Program (CIP). Budgets for other Funds will be discussed at upcoming scheduled City Council work sessions. The proposed 2024 General Fund budget includes the following significant changes: • Personnel: o Police Dept – added in 2023, full year in 2024– 4 Police Officers (full-time) o Police Dept – effective 7/1/2024 – 2 Police Officers (full-time) o Police Dept – effective 11/1/2024 – 2 Police Officers (full-time) o Fire Dept – effective 9/18/2023, full year in 2024 – Fire Inspector (full-time) o Fire Dept – effective 4/1/2024 – 6 Firefighters (full-time) o Facilities – effective 4/1/2024 – Lead Facility Attendant (full-time) o Streets – effective 4/1/2024 – Maintenance I (full-time) o Streets – effective 4/1/2024 – Maintenance II (full-time) o Cost of Living Adjustment (COLA), step increases o Health insurance increase (9%) and benefit changes • Commodities: o Increase in motor fuel costs o Streets Dept – street maintenance materials and street signs o Parks Dept – Parks and field supplies o Arts Center – Operating/Event/Classes supplies • Contractual: o City Clerk – Elections – Absentee voting o Police Dept – BWCs/Software maintenance & storage/evidence audit Page 31 of 38 o Streets Dept – Contractual striping o Parks Dept – Major maintenance o Fire Dept – contractual & trainings o Citywide - Increase in LOGIS expense o Inspections/HR/Finance – BS&A/UKG ERP implementation o Recreation - Contractual program services o Arts Center – Increase in programming and gas/electrical service The overall change in the General Fund expenditures is a 11.1% increase from 2023 of which 4.15% is due to costs for adding new positions. The proposed 2024 levy shown below is a $4.3 million increase over the 2023 levy. The City tax capacity rate is anticipated to increase slightly from 29.676% to 30.548%. The City has been fortunate to keep its tax rate relatively low. Since 2013, the tax rate has declined primarily due to significant new construction growth. Page 32 of 38 The City of Lakeville has experienced significant growth during these past ten years. Since 2015, growth from new construction has added $2.3 billion to the taxable market value of which $1.52 billion or 65% of the growth has occurred in the past five years. Some of the impacts of new construction (as reported in the 2022 Annual Comprehensive Financial Report): • Population – increased approximately 26.5% from 57,789 in 2013 to 73,828; • Street Miles – increased 23.5% from 264 in 2013 to 326; • Acres of parks, conservations areas and greenways – increased 7.3% from 1,590 in 2013 to 1,706; • Trails (paved miles) – increased 26.2% from 103 in 2013 to 130. The growth of the community and expectations for services puts pressure on the City’s resources to provide the necessary personnel, equipment, technology, etc. Property taxes are a primary funding source for many of the services (excluding utilities such as water and sewer) provided to residents and businesses as follows: • provide about 79% of the funding needed in the General Fund to provide general services such as police, fire, parks, administration, etc. • debt repayment for the city’s portion of street reconstruction projects and city facilities; • ongoing pavement management; • vehicle/equipment replacement and new (due to growth); • park and trail replacement. The preliminary 2024 budget includes the use of reserves for one-time or long-term purchases, as allowed by the Fund Balance policy. The following chart details the use of reserves for both 2023 and 2024:   Another important funding source for property-tax-supported funds has been the Liquor Fund. Without the contributions from the Liquor Fund, additional funding would be required from the property tax levy or another source. The 2023 updated estimated spending (ALC purchase) and 2024 budgets reflect approximately $2.4 million in transfers from the Liquor Fund: Page 33 of 38 • Facility Fund – ALC building purchase - $1,215,000 • Equipment Fund – capital equipment - $1,140,000 • Technology Fund – capital equipment - $59,500 The proposed 2024 City tax levy will result in an estimated $92 annual increase ($7.70/month) on the median value home ($446,500) due to both a levy increase ($37/yr) as well as a market value increase ($55/yr) as determined by the Dakota County Assessor. Existing commercial properties, in the aggregate, increased in market value by 11%. The proposed 2024 City tax levy will result in an estimated $840 annual increase on a commercial property valued at $1 million with an 11% increase in value. The market value increase accounts for $672 of this, and the levy accounts for $168 of this increase. Individual circumstances will determine the tax burden for each commercial property. City councils are required, prior to September 30, to certify to the County Treasurer/Auditor the date for the budget hearing. The purpose of the hearing is to present the budget and proposed tax levy as well as provide property owners the opportunity to ask questions and make comments. The budget hearing is proposed to be held on Monday, December 4, 2023 at 6:30 PM in the Council Chambers. The final approval of the budget and tax levy is scheduled for Monday, December 4, 2023, as well. The City Council can adopt a final tax levy in December that is equal to or less than the preliminary tax levy approved on September 5, 2023. The City Council may not, however, adopt a final tax levy that is greater than the preliminary tax levy. Supporting Information 1. 2023-09-05 Attachment_General Fund Summary 2. Resolution Approving Preliminary 2024 Tax Levy and Budget Financial Impact: $44,082,700 Budgeted: Yes Source: Various Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Julie Stahl, Finance Director Page 34 of 38 2022 2023 2024 Percent 2021 2022 Adopted Adopted 2023 Prelim of Actual Actual Budget Budget Estimate Budget Total Revenues (Amount)(Percent)(Amount)(Percent) General property taxes 24,461,495$ 25,488,775$ 25,215,734$ 26,954,875$ 26,954,875$ 30,082,050$ 78.6%3,127,175$ 11.6%3,127,175$ 11.6% Licenses and permits 4,446,972 3,843,154 3,047,862 2,943,346 3,481,827 3,109,349 8.1%166,003 5.6%(372,478) -10.7% Intergovernmental 1,418,228 6,460,210 1,282,526 1,512,699 3,349,556 1,376,751 3.6%(135,948) -9.0%(1,972,805) -58.9% Charges for services 3,732,093 3,810,863 3,595,497 3,392,946 3,355,988 3,095,470 8.1%(297,476) -8.8%(260,518) -7.8% Court fines 200,942 224,461 240,000 240,000 244,108 240,000 0.6%- 0.0%(4,108) -1.7% Investment income (187,996) (1,435,940) 281,000 281,000 307,700 311,190 0.8%30,190 10.7%3,490 1.1% Miscellaneous 106,119 143,214 57,760 46,257 68,000 44,124 0.1%(2,133) -4.6%(23,876) -35.1% Total revenues 34,177,853 38,534,737 33,720,379 35,371,123 37,762,054 38,258,934 100.0%2,887,811 8.2%496,880 1.3% Expenditures General government Mayor and council 130,587 132,286 133,861 138,778 137,768 137,895 0.3%(883) -0.6%127 0.1% Committees and commissions 95,655 118,253 106,692 127,877 139,777 135,989 0.3%8,112 6.3%(3,788) -2.7% City administration 534,548 539,464 594,531 629,559 651,400 646,294 1.6%16,735 2.7%(5,106) -0.8% City clerk/Elections 180,962 325,516 299,890 183,931 184,123 361,759 0.9%177,828 96.7%177,636 96.5% Legal counsel 86,682 79,524 97,800 97,350 85,000 87,000 0.2%(10,350) -10.6%2,000 2.4% Planning 595,594 626,408 625,693 662,843 594,542 683,428 1.7%20,585 3.1%88,886 15.0% Community and econ. development 401,667 601,588 431,596 519,673 523,038 518,724 1.3%(949) -0.2%(4,314) -0.8% Inspections 1,676,011 1,830,542 1,878,254 1,936,637 1,974,658 2,010,017 4.9%73,380 3.8%35,359 1.8% General government facilities 630,130 641,142 694,957 684,889 696,605 795,272 1.9%110,383 16.1%98,667 14.2% Finance 958,090 1,070,919 1,042,929 1,134,847 1,294,185 1,373,768 3.4%238,921 21.1%79,583 6.1% Information technology 909,926 976,473 966,550 1,072,579 971,522 1,062,427 2.6%(10,152) -0.9%90,905 9.4% Human resources 581,788 662,995 743,946 887,396 895,169 943,764 2.3%56,368 6.4%48,595 5.4% Insurance 365,000 300,000 285,000 250,000 250,000 250,000 0.6%- 0.0%- 0.0% Public safety - 0% Police 13,028,319 13,391,159 13,712,332 14,311,128 14,349,929 15,673,130 38.2%1,362,002 9.5%1,323,201 9.2% Fire 2,290,396 2,444,452 2,330,449 2,666,423 2,785,527 3,461,722 8.4%795,299 29.8%676,195 24.3% Public works - 0% Engineering 957,115 918,298 1,119,993 1,120,397 1,045,512 1,170,275 2.9%49,878 4.5%124,763 11.9% Forestry - - 566,047 562,084 601,455 35,408 6.3%39,371 7.0% Construction services 557,013 448,529 675,370 621,899 617,637 621,114 1.5%(785) -0.1%3,477 0.6% Streets 3,473,800 3,792,928 3,875,034 4,064,622 4,299,448 4,448,334 10.8%383,712 9.4%148,886 3.5% Parks and recreation - 0% Parks 2,957,120 3,046,231 3,187,568 3,470,194 3,518,564 3,733,886 9.1%263,692 7.6%215,322 6.1% Recreation 823,290 890,999 834,276 847,937 862,395 903,104 2.2%55,167 6.5%40,709 4.7% Heritage center 118,655 123,445 140,778 140,673 139,712 152,336 0.4%11,663 8.3%12,624 9.0% Arts center 592,969 802,848 760,195 763,663 861,704 984,058 2.4%220,395 28.9%122,354 14.2% Other (Personnel/Compensated Leaves)- - 45,000 - - 250,000 0.6%250,000 0%250,000 0% Total expenditures 31,945,317 33,763,999 34,582,694 36,899,342 37,440,299 41,005,751 100.0%4,106,409 11.1%3,565,452 9.5% Excess (deficiency) of revenues over expenditures 2,232,536 4,770,738 (862,315) (1,528,219) 321,755 (2,746,817) (1,218,598) 79.7%(3,068,572) -953.7% Other financing sources (uses) Transfer from other funds 876,430 898,765 898,765 1,171,099 1,171,099 1,271,413 100,314 8.6%100,314 8.6% Transfer to other funds (3,715,070) (7,602,811) (2,501,000) (2,353,880) (2,353,880) (515,000) 1,838,880 -78.1%1,838,880 -78.1% Total other financing sources (uses) (2,838,640) (6,704,046) (1,602,235) (1,182,781) (1,182,781) 756,413 1,939,194 -164.0%1,939,194 -164.0% Net change in fund balance (606,104) (1,933,308) (2,464,550) (2,711,000) (861,026) (1,990,404) 720,596 -26.6%(1,129,378) 131.2% Fund balance, January 1 24,739,629 23,985,822 24,182,592 21,881,813 22,007,407 21,146,381 (735,432) -3.4%(861,026) -3.9% Inventory Adjustment (147,703) (45,107) - - - - - 0%- 0% Fund balance, December 31 23,985,822$ 22,007,407$ 21,718,042$ 19,170,813$ 21,146,381$ 19,155,977$ (14,836)$ -0.1%(1,990,404)$ -9.4% Adj Fund Balance, Dec 31 (net of restricted)23,314,371$ 21,753,227$ 20,906,704$ 18,499,362$ 20,474,930$ 18,484,526$ Ratio: Fund balance to CY expenditures 73.0%64.4%60.5%50.1%54.7%45.1% Ratio: Fund balance to NY expenditures 69.1%59.0%56.7%49.4%49.9%43.8% 2022 2023 2024 Percent 2021 2022 Adopted Adopted 2023 Prelim of Actual Actual Budget Budget Estimate Budget Total Function (Amount)(Percent)(Amount)(Percent) General government 7,146,640 7,905,110 7,901,699 8,326,359 8,397,787 9,006,337 679,978 8.2%608,550 7.2% Public safety 15,318,715 15,835,611 16,042,781 16,977,551 17,135,456 19,134,852 2,157,301 12.7%1,999,396 11.7% Public works 4,987,928 5,159,755 5,670,397 6,372,965 6,524,681 6,841,178 468,213 7.3%316,497 4.9% Parks and recreation 4,492,034 4,863,523 4,922,817 5,222,467 5,382,375 5,773,384 550,917 10.5%391,009 7.3% Contingency (Personnel Services)- - 45,000 - - 250,000 250,000 0%250,000 0% 31,945,317 33,763,999 34,582,694 36,899,342 37,440,299 41,005,751 4,106,409 11.1%3,565,452 9.5% Classification Personnel services 7,380,670 24,855,444 26,074,330 27,622,402 27,635,591 30,752,751 3,130,349 11.3%3,117,160 11.3% Commodities 837,685 1,859,287 1,913,570 2,211,459 2,355,520 2,433,180 221,721 10.0%77,660 3.3% Other charges and services 3,048,596 6,413,438 6,451,927 6,967,481 6,953,336 7,748,075 780,594 11.2%794,739 11.4% Capital outlay 8,109,262 122,154 142,867 98,000 495,852 71,745 (26,255) -26.8%(424,107) -85.5% 19,376,213 33,250,323 34,582,694 36,899,342 37,440,299 41,005,751 4,106,409 11.1%3,565,452 9.5% - - - - 2023 Adopted Budget Change from Change from 2023 Estimate CITY OF LAKEVILLE, MINNESOTA General Fund Schedule of Revenues, Expenditures and Changes in Fund Balances For the Year Ending December 31, 2024 Change from Change from 2023 Adopted Budget 2023 Estimate Page 35 of 38 CITY OF LAKEVILLE RESOLUTION No. ________ Resolution Approving the Preliminary 2024 Property Tax Levy and Preliminary 2024 Budget and Setting the Budget Public Hearing BE IT RESOLVED by the City Council of the City of Lakeville, Minnesota that the Preliminary 2024 tax levy in the amount of $44,082,700 is hereby approved as shown on Exhibits A and B attached hereto. BE IT FURTHER RESOLVED by the City Council of the City of Lakeville, Minnesota that the reductions in the original debt service levies are the result of excess funds in the debt service account due to changes in funding sources such as interest on investments, special assessments and contributions from Liquor Fund, ISD#194 and other entities. BE IT FURTHER RESOLVED by the City Council of the City of Lakeville, Minnesota that the Preliminary 2024 Budget is hereby approved and adopted as follows: General Fund $41,005,751 BE IT FURTHER RESOLVED by the City Council of the City of Lakeville, Minnesota that the Public Budget Hearing will be held on Monday, December 4, 2023 at 6:30 pm in the Council Chambers. ADOPTED by the Lakeville City Council this 5th day of September 2023. CITY OF LAKEVILLE By: _____________________________ Luke Hellier, Mayor ATTEST: ________________________________ Ann Orlofsky, City Clerk Page 36 of 38 EXHIBIT A PRELIMINARY 2024 PROPERTY TAX LEVY Total Non-Deb t Servic e Funds 3 2 ,5 4 5 ,5 5 0$ Deb t Ser vic e: Tax Abatement Bond s 2021 A 229,81 3$ Taxable Tax Abatemen t Bon ds 2022B 27 1 ,801 Capital Impro v emen t Ref Bo n ds 201 4 B 554,263 G. O. Imp rov emen t Bo n d s 201 4A 450,480 G. O. Imp rov emen t Bo n d s 201 5A 407 ,1 1 4 G. O. Imp rov emen t Bo n d s 201 6B 7 7 2,256 G. O. Imp rov emen t Bo n d s 201 7 A 448,469 G. O. Imp rov emen t Bo n d s 201 8A 560,000 G. O. Imp rov emen t Bo n d s 201 9A 3 50,000 G. O. Imp rov emen t Bo n d s 2020A 7 3 5,000 G. O. Imp rov emen t Bo n d s 2022C 980,950 G. O. Imp rov emen t Ref. Bon ds 2022A 3 8,228 G. O. Refu nd in g Bo n d s 2022A 2,063 ,67 0 G. O. Taxable Bo n d s 2022B (n ew ou tdoo r rink)3 3 7 ,3 44 G. O. Imp rov emen t Bo n d s 2022C (Park Ref)1 ,1 04,042 G.O. Imp ro v emen t Bon ds 2023 A - Park p o rtio n 3 3 9,990 G.O. Imp ro v emen t Bon ds 2023 A - Street p ortion 659,1 3 8 Street Reco n stru ction Bo n d s 201 4B 207 ,7 52 Street Reco n stru ction Bo n d s 201 7 A 1 98,425 Street Reco n stru ction Bo n d s 201 8B 3 28,443 Street Reco n stru ction Bo n d s 2021 C 499,97 2 Sub total Deb t 1 1 ,5 3 7 ,1 5 0$ Total Tax Levy 4 4 ,0 82 ,7 0 0$ Page 37 of 38 EXHIBIT B PROPERTY TAX LEVY FOR DEBT 2 0 2 4 NET 2 0 2 4 ABATEMENT ABATEMENT 2 0 2 4 CERTIFIED BOND DESC RIPTION SERIES LEVY LEVY DEBT LEVY DEBT LEVY IMPROVEMENT 2014A 942,821$ 450,480 REFUNDING 2014B 1,237,015$ 762,015 IMPROVEMENT 2015A 675,776$ 407,114 WATER UTILITY REVENUE 2016A -$ - LEASE 2016A -$ - GENERAL OBLIGATIO N 2016B 810,868$ 772,256 GENERAL OBLIGATIO N 2017A 679,317$ 646,894 GENERAL OBLIGATIO N 2018A 631,448$ 560,000 GENERAL OBLIGATIO N 2018B 348,443$ 328,443 IMPROVEMENT 2019A 453,289$ 350,000 GENERAL OBLIGATIO N 2020A 939,625$ 735,000 ABATEMENT 2020A 55,000$ -$ -$ - GENERAL OBLIGATIO N 2021A 152,988$ (0) TAX ABATEMENT 2021A 335,000$ 229,813$ -$ - TAX ABATEMENT 2021B -$ -$ -$ - GENERAL OBLIGATIO N 2021C 711,480$ 499,972 REFUNDING 2022A 2,101,898$ 2,101,898 REFUNDING 2022B 445,947$ 337,344 TAX ABATEMENT 2022B 435,000$ 271,801$ -$ - GENERAL OBLIGATIO N 2022C 2,254,688$ 2,084,992$ GENERAL OBLIGATIO N 2023A 999,128$ 999,128$ 82 5 ,0 0 0$ 5 0 1 ,61 4$ 1 3 ,3 84,7 3 1$ 1 1 ,0 3 5 ,5 3 6$ NET ABATEMENT LEVY 5 0 1 ,61 4$ C ERTIFIED DEBT LEVY 1 1 ,0 3 5 ,5 3 6$ TOTAL LEVY 1 1 ,5 3 7 ,1 5 0$ The follo win g is a sch edu le o f all debt w h ich , at the time of issu ance, inclu ded a certification of fu tu re property tax lev ies. The 2024 Debt Levy colu mn rep resents th e lev y in th e o riginal bo n d do cu ments. The 2024 Certified Deb t Lev y co lu mn represen ts the actu al lev y. Th e redu ctions in the orig in al debt service lev ies are th e resu lt of excess fu n ds in the debt service accou n t du e to chan ges in fu n din g so u rces su ch as interest on in vestments, sp ecial assessmen ts and con tribu tions fro m Liq u or Fu n d , ISD#1 94 an d o ther entities. Page 38 of 38