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7.3. SR 01-17-2012- REQUEST FOR ACTION ..... ..Rive TO ITEM NUMBER Ma or and Ci Council 7.3 AGENDA SECTION MEETING DATE PREPARED BY Public Hearin anua 17, 2012 Tim Simon, Finance Director ITEM DESCRIPTION REVIEWED By Resolution Approving a Capital Improvement Plan and Giving Cal Portner, Ci Administrator Preliminary Approval to the Issuance of Capital Improvement REVIEWED BY Bonds ACTION REQUESTED The City Council is asked to hold a public hearing on this item and adopt a resolution approving a Capital Improvement Plan and giving preliminary approval to the issuance of Capital Improvement Bonds. BACKGROUND/DISCUSSION In 2003, the Minnesota State Legislature adopted Statute 475.521, referred to herein as the "CIP Act." The CIP Act applies to capital improvements consisting of city halls, public works, and public safety facilities. Throughout this discussion, the term "capital improvement" refers only to those improvements identified in the CIP Act as summarized above and not the 2012-2016 Capital Improvement Plan previously approved by the City Council in December 19, 2011. The Public Works Committee is continuing to work with RJM Construction and 292 Design Group on the project. In 2011, the Council approved a transfer in the amount of $2.75m from the Liquor Fund to the Government Building Fund for the project. The remaining amount will be general obligation capital improvement plan bonds in an amount not to exceed $7.3m. This amount may be reduced once bids are received later this month. Results of the bond sale will be on the agenda for the February 21, 2012, regular City Council meeting. The CIP Act requires the City Council to consider eight factors in preparing the CIP: See pages 6-8 of the attached CIP plan. 1) Condition of the city's existing infrastructure, including projected need for repair and replacement. 2) Likely demand for the improvement. 3) Estimated cost of the improvement. 4) Available public resources. 5) Level of overlapping debt in the city. 6) Relative benefits and costs of alternative uses of funds. 7) Operating costs of the proposed improvements. 8) Alternatives for providing services most efficiently through shared facilities with other cities or local governments. r®IrEttlt er N:\Public Bodies\Ciry Council\Council RCA\Agenda Packet\O1-17-2012\PublichearingPWbonds[1].docx FINANCIAL IMPACT The bonds will be repaid from the Government Building Fund and no tax levy is anticipated for the repayment of the principal and interest. ATTACHMENTS ^ Resolution approving a Capital Improvement Plan and giving preliminary approval to the issuance of Capital Improvement Bonds ^ Five-Year Capital Improvement Plan for Financing Purposes Action Motion by Second by Vote Follow Up N:\Public Bodies\City Council\Councl RCA\Agenda Packet\O1-17-2012\PublichearingPWbonds[1].docx Extract of Minutes of Meeting of the City Council of the City of Elk River, Sherburne County, Minnesota Pursuant to due call and notice thereof, a regular meeting of the Council of the City of Elk River, Minnesota, was duly held in the City Hall in the City of Elk River, on Tuesday, January 17, 2012, commencing at 6:30 P.M. The following members were present: and the following were absent: Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A CAPITAL IMPROVEMENT PLAN AND GIVING PRELIMINARY APPROVAL TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS BE IT RESOLVED By the City Council of the City of Elk River, Sherburne County, Minnesota (the "City"), as follows: Section 1. Background 1.01. The City is authorized under Minnesota Statutes, 475.521 (the "Act") to prepare a capital improvement plan and carry out programs for financing certain capital improvements. The City may issue general obligation bonds pursuant to the Act to finance the cost of capital improvements described in the plan. 1.02. Before the approval of the Plan and issuance of any general obligation bonds 396424v2 JSB EL185-15 under the Act, the City is required to hold a public hearing on the plan and issuance of the bonds. 1.03. Pursuant to the Act, the City has caused to be prepared a five year capital improvement Plan (the "Plan"), which describes certain capital improvements in the City for the years 2012 through 2016. 1.04. The City has determined that it is in its best interests to give preliminary approval to the issuance and sale of capital improvement bonds pursuant to the Act in a principal amount not to exceed $7,300,000 (the "Bonds"), to finance a portion of the costs described in the Plan. 1.05. On this date, the Council held a public hearing on the Plan and the issuance of the Bonds, after publication in the City's official newspaper of a notice of public hearing. at least 14 days but no more than 28 days before the date of the public hearing. Section 2. Plan Approved. 2.01. The Council finds that the Plan will provide for certain capital improvements, which serves the interests of the City as a whole. 2.02. The Plan is approved in the form on file in City Hall. Section 3. Bonds Authorized. 3.01. The City hereby gives preliminary approval to the issuance of Bonds in a principal amount not to exceed $7,300,000, in order to finance certain capital improvements described in the Plan, including costs of issuance of the Bonds, subject to further details regarding the sale of the Bonds to be set forth in a resolution to be considered by the City Council at a meeting to be held not less than 30 days from the date hereof. 3.02. City staff are authorized and directed to take all other actions necessary to carry out the intent of this resolution. 396424v2 JSB EL185-15 2 The motion for the adoption of the foregoing resolution was duly seconded by Member and upon vote being taken thereon, the following voted in favor thereof: and the following voted against: whereupon said resolution was declared duly passed and adopted. Passed and adopted this 17th day of January, 2012. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk 39642442 JSB EL185-15 2012 through 2016 Five-Year Capital Improvement Plan for Financing Purposes under Chapter 475 Elk~-~ River January 17, 2012 Prepared by: City of Elk River Staff and Ehlers & Associates, Inc. 3060 Centre Pointe Drive Roseville, MN 55113 FREERS LEADERS IN PUBLiC FINANCE rawEnEe er fi~~~~ Table of Contents I. INTRODUCTION ...................................................................... 3 II. PURPOSE .............................................................................................4 III. THE CAPITAL IMPROVEMENT PLANNING PROCESS ..............4 IV. PROJECT SUMMARY ....................................................................... 6 V. FINANCING THE CAPITAL IMPROVEMENT PLAN ................... 9 PROPOSED CIP BOND ISSUE ..................................... APPENDIX A SCHEDULE .................................................................... APPENDIX B City of Elk River CIP for Financing Purposes Page 2 City of Elk River Five-Year Capital Improvement Plan 2012 through 2016 I. INTRODUCTION The City of Elk River (the "City") is expanding its public works facility in 2012 and is seeking to achieve the lowest financing costs for the debt to be incurred to fund the project. In 2003, the Minnesota State Legislature adopted a statute (Section 475.521, referred to herein as the "CIP Act") that allows cities to issue municipal bonds under the CIP Act. The CIP Act applies to capital improvements consisting of city halls, public works, and public safety facilities. The 2005 Legislature added towns to the meaning of a municipality and town halls and libraries to the meaning of a capital improvement under the CIP Act. In 2006, the City issued $3,220,000 General Obligation ("G.O.") Capital Improvement Plan Bonds to finance a new City library under the CIP Act. In 2010, the City issued $7,370,000 G.O. Capital Improvement Bonds to refinance the revenue bonds that financed the City Hall expansion and the public safety facility. The proposed capital improvement plan for 2012- 2016 is intended to update the previous plans for the City library, City Hall, and public safety facility. Throughout this plan, the term "capital improvement" refers only to those improvements identified in the CIP Act, as summarized above. Capital expenditures for other public improvements in the City will be financed through other means and are described in a separate capital improvement plan also adopted by the City Council, and are not governed by this plan. City of Elk River CIP for Financing Purposes Page 3 II. PURPOSE A capital improvement is a major expenditure of municipal funds for the acquisition or betterment to public lands, buildings, or other improvements used as a city hall, town hall, library, public safety, or public works facility, which has a useful life of 5 years or more. For the purposes of the CIP Act, capital improvements do not include light rail transit or related activities, parks, road bridges, administrative buildings other than city or town hall, or land for those facilities. A Capital Improvement Plan ("CIP") is a document designed to anticipate capital improvement expenditures and schedule them over afive-year period so that they may be purchased in the most efficient and cost effective method possible. A CIP allows the matching of expenditures with anticipated income. As potential expenditures are reviewed, the municipality considers the benefits, costs, alternatives and impact on operating expenditures. The City of Elk River, Minnesota (the "City") believes the capital improvement process is an important element of responsible fiscal management. Major capital expenditures can be anticipated and coordinated so as to minimize potentially adverse financial impacts caused by the timing and magnitude of capital outlays. This coordination of capital expenditures is important to the City in achieving its goals of adequate physical assets and sound fiscal management. In these financially difficult times good planning inessential for the wise use of limited financial resources. The Capital Improvement Plan is designed to be updated on a regular basis. In this manner, it becomes an ongoing fiscal planning tool that continually anticipates future capital expenditures and funding sources. III. THE CAPITAL IMPROVEMENT PLANNING PROCESS The process begins with analysis of the City's five-year capital improvement needs and funding sources. The City may solicit- input from citizens and other governmental units at an early stage, if desired. The City Council then directs staff or consultants to prepare a plan that sets forth the estimated schedule, timing and details of specific capital improvements by year, together with the estimated cost, the need for the improvement, and the sources of revenue for the improvement. The City Council then holds a public hearing on the CIP, with notice published not more than 30 days and not less than seven days for the hearing (except as City of Elk River CIP for Financing Purposes Page 4 described below). The Council may either approve the CIP immediately after the hearing, or based on input may make revisions and approve the CIP at a later meeting. If the CIP calls for general obligation bonds to finance certain improvements, the City Council must follow an additional set of procedures. The Council must hold a public hearing regarding issuance of the bonds. Notice of such hearing must be published in the official newspaper of the municipality at least 14, but not more than 28 days prior to the date of the public hearing. In addition, the notice may be posted on the City's official web site. (The public hearings on the CIP and the bonds may be combined into a single hearing, in which case the notice requirements for bonds must be followed.) The Council must approve the sale of CIP bonds by a 3/Sths vote of its membership. However, the bonds are subject to reverse referendum. Reverse referendum requires a petition signed by voters equal to at least five percent of the votes cast in the City in the last general election. The petition must be filed with the City Clerk within 30 days after the public hearing. Following a successful petition, bonds may be issued with a majority approval of the question. The maximum debt service in any year on all outstanding CIP Bonds is .16% of the taxable market value of property in the city, using the market value for the taxes-payable year in which the bonds are issued. After the CIP has been approved and bonds have been authorized, the City works with its financial advisor to prepare a bond sale and repayment schedule. Assuming no petition for a referendum is filed, the bonds are sold, and when proceeds from the sale of the bonds (and any other identified revenue sources) become available, the expenditures for specified capital improvements can be made. In subsequent years, the process is repeated as expenditures are completed and as new needs arise. Capital improvement planning looks five or more years into the future from the date of the CIP. City of Elk River CIP for Financing Purposes Page 5 IV. PROJECT SUMMARY The only new capital improvement contemplated in the five-year period of this plan (2012 through 2016) is the expansion of the City's public works facility. The CIP Act requires the City Council to consider eight factors in preparing the CIP: 1. Condition of the City's existing infrastructure, including projected need for repair or replacement. 2. Likely demand for the improvement. 3. Estimated cost of the improvement. 4. Available public resources. 5. Level of overlapping debt in the City. 6. Relative benefits and costs of alternative uses of funds. 7. Operating costs of the proposed improvements. 8. Alternatives for providing services most efficiently through shared facilities with other cities or local governments. The City has considered the eight points as they relate to acquisition of the Buildings through issuance of CIP bonds. The findings are as follows: Conditions of City Infrastructure and Need for the Project The need for the improvement is that the existing public works facility is inadequate in size, is in need of significant repair, lacks current indoor air quality standards, lacks secure storage areas for vehicles, lacks adequate storage space for materials limiting the City from purchasing material in bulk, has many inadequacies. The existing facility is 26 years old and in need of improvements, upgrading, remodeling and expansion. A renovation and addition is a cost effective way to achieve the needs of the City. The estimated schedule is design in 2011, construction bidding in January, 2012, construction period of April, 2012 thru January, 2013. The estimated costs of the building are $9,600,000 to $9,700,000. The location of the public works facility is 19000 Proctor Road, Elk River, MN 55330. - -- City of Elk River CIP for Financing Purposes Page 6 Demand for Projects The demand for the improvements is driven by the current condition of the existing public works facility and size, originally built in 1986. In considering expansion of the public works facilities, the Council recognizes that the City's population has increased 244% since 1986. The most pressing needs are for additional operational and storage space in the Streets, Park Maintenance, and Equipment Services divisions. Estimated Cost of the Projects The maximum budget is shown below. The equity contribution will be paid from the City's net revenues of the liquor store. City of Elk River, Minnesota $7,300,000 G.O. Bonds, Series 2012 20 Year Term (50 basis points over Current Market Rates Sources & Uses Dated 03/1512012 ~ Delivered 03/1512012 Sources Of Funds Par Amount of Bonds $7,300,000.00 Planned Issuer Equity contribution 2,750,000.00 Total Sources $10,050,000.00 Uses Of Funds Total Underwriter's Discount (1.000%) 73,000.00 Costs of Issuance 79,750,00 Availability of Public Resources The City plans to pledge property taxes, but utilize revenues from the Government Building Fund, to pay the 20 years of debt service beginning in 2013. Capitalized interest from the bond issue will pay the first year of debt service. Level of Overlapping Debt The 2010 City's share of the Sherburne County debt, spread on the basis of proportional tax capacity, is approximately $8 million. The City's share of the school district's debt within City boundaries is $224 million. City of Elk River CIP for Financing Purposes Page 7 Total Uses 510,050,000.00 The increased level of debt from the CIP Bonds is not expected to cause the City any financial stress. The City's bond rating from Standard and Poor's is an AA+, the second highest possible rating. A copy of the rating agency reports are available upon request from the Finance Director. Relative Costs and Benefits of Alternative Uses of the Funds The project will provide for a safer and more efficient work environment for City employees. It will also serve to lower equipment maintenance costs by allowing equipment to be maintained and stored in a temperature controlled environment. The City Council has determined that the benefit of improved work environment, extended life of equipment, and efficiency in delivering services is worth the cost of the project. Operating Costs of the Proposed Improvements The operating cost of the addition to the public works facility is estimated to be $118,700 above the existing operating expenses. UTILITY ANNUAL COST Electrical $ 72,300 Gas $ 46,400 .. .., ___.. ... ._ _._..__..r__ ...... __ TOTAL. $118700 Options for Shared Facilities with Other Cities or Local Government The options to share with other facilities or governments are not advantageous due to the requirement that the public works facility must meet the infrastructure maintenance needs of the entire community. No excess capacity is available in similar facilities located within or near the City limits. Serving other communities or local units of government from the planned new facility would necessitate a larger and more expensive project. The City has explored and allowed shared use of the existing and proposed fueling stations with the County, Elk River Municipal Utilities and the Elk River School District in the future. In addition, the equipment services division performs maintenance on Elk River Municipal Utilities equipment. City of Elk River CIP for Financing Purposes Page 8 V. FINANCING THE CAPITAL IMPROVEMENT PLAN The maximum principal amount of debt under this Capital Improvement Plan is $7,300,000. In the financing of the Capital Improvement Plan, two significant statutory limitations apply. 1. Under Chapter 475, with few exceptions, municipalities cannot incur debt in excess of 3% of the assessor's taxable market value for the municipality. In the City, the taxable market value for taxes payable in 2011 is $2,053,301,652. Therefore, the total principal amount of outstanding debt cannot exceed $61,599,000. As of December 31, 2011, the City has $17,124,000 subject to the legal debt limit (this amount includes the existing CIP Bonds and includes 2/3 of the EDA's G.O. debt issued for the YMCA project). As such, issuance of the CIP Bonds will be well within the overall statutory debt limit for the City. 2. A separate limitation under the CIP Act is that, without referendum, the total amount of principal and interest in any one year on all CIP Bonds issued by the City cannot exceed 0.16% of the total taxable market value in the municipality. In the City, that maximum annual debt service amount is $3,285,000 for the payable 2011 tax year ($2,053,301,652 x .0016). The annual principal and interest payments on the CIP Bonds proposed to be issued under this CIP plus the existing G.O. Capital Improvement Plan Bonds, will average less than $1,750,000. As such, debt service on the CIP Bonds will be well within the annual limits under the CIP Act. General principal payments, term and debt payments if the CIP Bonds were issued in 2012 and in one series are shown in Appendix A. Continuation of the Capital Improvement Plan This Capital Improvement Plan should be reviewed annually by the City Council using the process outlined in this Plan. It should review proposed expenditures, make priority decisions, and seek funding for those expenditures it deems necessary for the City. If deemed appropriate, the Council should prepare an update to this Plan. City of Elk River CIP for Financing Purposes Page 9 APPENDIX A PROPOSED CIP BOND ISSUE City of Elk River, Minnesota $7,300,000 G.O. Bonds, Series 2012 20 Year Term ~ 50 basis points over Current Market Rates Net Debt Service Schedule Fscal Date Principal Coupon .Interest Total P+I CIF Net New D/S Total 03/15/2012 - - - - - - - 02/O1/2013 - - 194,877.64 194,877. 64 (194,877.64) - - 08/O1/2013 - - 111,006.25 111,006. 25 - 111,006.25 - 02/Ol/2014 285,000.00 1.150% 111,006.25 396,006. 25 - 396,006.25 507,012. 50 08/01/2014 - - 109,367.50 109,367. 50 - 109,367.50 - 02/Ol/2015 290,000.00 1.450% 109,367.50 399,367. 50 - 399,367.50 508,735. 00 08!01/2015 - - 107,265.00 107,265.00 - 107,265.00 - 02/O1/2016 295,000.00 1.700% 107,265.00 402,265. 00 - 402,265.00 509,530. 00. 08/01!2016 - - 104,757.50 104,757. 50 - 104,757.50 - 02/01/2017 300,000.00 1.900% 104,757.50 404,757. 50 - 404,757.50 509,515. 00 08/01/2017 - - 101,907.50 101,907. 50 - 101,907.50 - 02/O1/2018 305,000.00 2.200% ]01,907.50 406,907. 50- - 406,907.50 508,815. 00 08/01/2018 - - 98,552.50 98,552. 50 - 98,552.50 - 02/Ol/2019 310,000.00 2.300% 98,552.50 408,552. 50 - 408,552.50 507,105. 00 08/01/2019 - - 94,987.50 94,987. 50 - 94,987.50 - 02/Ol/2020 320,000.00 2.600% 94,987.50 414,987. 50 - 414,987.50 509,975. 00 08/01/2020 - - 90,827.50 90,827. 50 - 90,827.50 - 02/Ol/2021 330,000.00 2.700% 90,827.50 420,827. 50 - 420,827.50 511,655. 00 08/01/2021 - - 86,372.50 86,372. 50 - 86,372.50 - 02lO1/2022 335,000.00 2.900% 86,372.50 421,372. 50 - 421,372.50 507,745. 00 08/01/2022 - - 81,515.00 81,515. 00 - 81,515.00 - 02/Ol/2023 345,000.00 3.150% 81,515.00 426,515. 00 - 426,818.00 508,030. 00 08/01/2023 - - 76,081.25 76,081. 25 - .76,081.25 - 02/O]/2024 355,000.00 3.250% 76,081.25 431,081. 25 - 43],081.25 507,162. 50 08/01/2024 - - 70,3]2.50 70,312. 50 - 70,312.50 - 02/O1/2025 370,000.00 3.350% 70,312.50 440,312. 50 - 440,312.50. 510,625. 00 08/01/2025 - - 64,115.00 64,115. 00 64,115.00 - 02/O1/2026 380,000.00 3.450% 64,115.00 444,115. 00 - 444,115.00 508,230. 00 08/01/2026 - - 57,560.00 57,560. 00 - 57,560.00 - 02/O1/2027 395,000.00 3.500% 57,560.00 452,560. 00 - 452,560.00 510;120. 00 08/01/2027 - - 50,647.50 50,647. 50 - 50,647.50 - 02/Ol/2028 410,000.00 3.600% 50,647.50 460,647. 50 - 460,647.50 511,295. 00 08/01/2028 - - 43,267.50 43,267. 50 - 43,267.50 - 02/OU2029 420,000.00 3.700% 43,267.50 463,267. 50 - 463,267.50 506,535. 00 08/01/2029 - - 35,497.50 35,497. 50 - 35,497.50 - 02/01/2030 440,000.00 3.750% 35,497.50 475,497. 50 - 475,497.50 510,995. 00 08/01/2030 - - 27,247.50 27,247. 50 - 27,247.50 - 02/Ol/2031 455,000.00 3.800% 27,247.50 482,247. 50 - 482,247.50 509,495. 00 08/01/2031 - - 18,602.50 18,602. 50 - 18,602.50 - 02/Ol/2032 470,000.00 3.850% 18,602.50 488,602. 50 - 488,602.50 507,205. 00 08/01/2032 - - 9,555.00 9,555. 00 - 9,555.00 - 02/O1/2033 490,000.00 3.900% 9,555.00 499,555. 00 - 499,555.00 509,]10. 00 Total $7,300,000.00 - $3,073,767.64 $10,373,767.64 (194,877.64) $10,178,890.00 - City of Elk River CIP for Financing Purposes Page 10 APPENDIX B Pre-Sale Schedule dated December 5, 2011 S-Year City Capital Improvement Plan Bond Issuance City of Elk River, Minnesota The City Council must take the following actions before Bonds can be issued: • City Council directs completion of the 5-Year Capital Improvement Plan. • City Council conducts a Public Hearing on issuance of Bonds and Capital Improvement Plan. • City Council approves CIP Bonds and Capital Improvement Plan by at least a 3/Sths vote of the governing body membership. The table below lists the steps in the issuing process: 12/05/2011 City Council adopts Resolution calling for Public Hearing on the Capital Improvement Plan and the issuance of Capital Improvement Plan Bonds. 12/28/2011 Close date to get Notice of Public Hearing on issuance of Bonds and on Capital Improvement Plan to official newspaper for publication. 12/31/2011 Publish Notice of Public Hearing on issuance of CIP Bonds and on Capital Improvement Plan (publication no more than 28 days and no less than 14 days prior to hearing date). Additionally, notice may be posted on the City's official web site, if any. 1/17/2012 City Council holds Public Hearing at 6:30 p.m, on CIP Bonds and on Capital Improvement Plan and adopts Resolution giving preliminary approval for their issuance and approving Capital Improvement Plan by at least a 3/Sths vote of the governing body membership. 1/17/2012 City Council calls for sale of CIP Bonds. 2/16/2012 Reverse referendum period ends to issue CIP Bonds (within 30 days of the public hearing). 2/21/2012 City Council accepts competitive bid offer received for CIP Bonds and adopts Resolution approving sale of CIP Bonds. 3/15/2012 Receipt of funds on or about this date. City of Elk River CIP for Financing Purposes Fage l l