6.1. SR 06-11-2012~~
tll~ REQUEST FOR ACTION
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TO ITEM NUMBER
Ma or and Ci Council 6.1
AGENDA SECTION MEETING DATE PREPARED BY
Work Session une 11, 2012 Tim Simon, Finance Director
ITEM DESCRIPTION REVIEWED By
Host Approval Request -Spectrum High School Project
REVIEWED BY
ACTION REQUESTED
Consider Spectrum High School's request for host approval to the issuance of charter school lease
revenue bonds.
BACKGROUND/DISCUSSION
Spectrum High School currently leases a building at 17796 Industrial Circle NW in Elk River and operates
a 6-12 grade charter school under a Conditional Use Permit. Spectrum officials requested a zoning
change to operate their school in an industrial park in 2010.
Under state statute, charter schools cannot own its own land or facility, and must form a separate affiliate
tax-exempt entity to own a school building. The school has formed a new tax-exempt entity and is
seeking a partner to issue conduit bonds on their behalf to purchase the current building, to purchase
another parcel of land, to complete the build-out of the existing school and to develop athletic facilities
on the new parcel.
Because the City of Elk River has already approved tax-exempt financing for the public works facility in
2012, we are not able to issue the amount of conduit bonds needed without exceeding our $10 million
bank-qualified limit. Spectrum officials are seeking another partner to issue conduit bonds on their
behalf.
Per state and federal law, the governmental entity with jurisdiction over the project site must hold a
public hearing and give approval to the issuance of the bonds even if the bonds are issued by another
issuer. The city, county and state meet the host jurisdiction requirement. Holding a public hearing as a
host assumes no risk to the city with regard to bonds or the bonding process.
School officials will be in attendance to answer any questions about the project.
FINANCIAL IMPACT
When the property operates under a lease agreement, the property currently generates property taxes.
When the property is held by a tax exempt entity, its value will be removed from the tax roll.
N:\1'ublic Bodies\Ciry Council\Finance\'Tim\201?\I-Iostapprovalrequest.docx
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The County Assessor has the building valued at $5,140,600 for the 2012 assessment, taxes payable 2013.
Based on this value and the current tax rate, once the school becomes owner of the building (tax exempt)
the city will no longer receive approximately $48,569 in tax revenue annually.
In anticipation of the tax loss, staff had suggested the idea of a payment in lieu of tax (PILOT). The
school has proposed a payment in lieu of fee (PILOF) in lieu of the typical fees the city would receive if
the city were the conduit bond issuer. The PILOF amount totals $265,572.81 from 2013 thru 2043 or a
lump-sum at closing in the amount of $154,575.
The lease revenue bonds issued would be no obligation of the City of Elk River.
ATTACHMENTS
Spectrum's executive summary -project description
Payment in Lieu of Fees Schedule
Draft host approval resolution
Action Motion by Second by Vote
Follow Up
N:\Public Bodies\City Council\Finance\Tim\2012\I-Iostapprovalrequest.docx
Executive Summary -Project Description:
The enrollment at Spectrum High School on October 1, 2011 (current school year) is 389
students. This is the maximum enrollment capacity for the amount of space that has been
completed in the building to date. The current completed building space of 44,000 square
feet was known as Phase I.
This summer (2012) we will complete an additional 9,000 square feet on the second floor
of our building into 6 classrooms and a teachers lounge. This will be Phase II. The
completion on Phase II will allow enough space to increase our enrollment to 525
students. Phase II will meet the legal requirements for occupancy of 525 students (which
is the maximum per our CUP). We have already conducted an enrollment lottery and
have 525 students enrolled for the 2012-2013 school year.
Phase III will be a 6,600 square foot addition to the school building. The 3 additional
classrooms and large music room gained with this will afford additional space for the
expanding music and band programs and eliminate teachers needing to rotate from one
room to the next. Phase III will eliminate about 12 parking spaces which will be replaced
by adding a new parking lot with 47 spaces in the SE corner of the athletic field adjacent
to the school. Phase III will not increase our CUP which will remain at 525 students.
An important component of Phase III is the purchase of land for athletic fields. The
athletic field land will be constructed into two football/soccer fields which will be used
by Spectrum High School for practices and competitions. In addition, Spectrum has been
conducting discussions with the City of Elk River regarding shared use of the fields;
perhaps with local football or soccer associations.
The purchase of the athletic fields comes complete with a 2,400 square foot storm
building large enough for 300 people that will be modified to include rest rooms and a
locker room. We hope to eventually add a field house to the storm building. The field
house will be able to be used for our wrestling program (which currently meets in
warehouse space under a separate CUP) and Physical Education classes could use the
field house during the day. The field house may also become part of a shared use
agreement with the City of Elk River.
Exhibit B
Payment in Lieu of Fees Schedule
Principal Amount
Payment Date Outstanding** PILOF
9/1/2013* 10,135,000 12,035.31
9/1/2014 10,135,000 12,668.75
9/ 1/ 2015 10,135,000 12, 668.75
9/1/2016 9,995,000 12,493.75
9/1/2017 9,845,000 12,306.25
9/ 1/2018 9, 690,000 12,112.50
9/1/2019 9,525,000 11,906.25
9/ 1/ 2020 9, 355,000 11, 693.75
9/1/2021 9,175,000 11,468.75
9/1/2022 8,985,000 11,231.25
9/1/2023 8, 785,000 10, 981.25
9/1/2024 8,575,000 10,718.75
9/1/2025 8,350,000 10,437.50
9/1/2026 8,110,000 10,137.50
9/1/2027 7,855,000 9,818.75
9/1/2028 7,585,000 9,481.25
9/ 1/ 2029 7, 300,000 9,125.00
9/ 1/ 2030 6, 995,000 8, 743.75
9/1/2031 6,670,000 8,337.50
9/ 1/2032 6, 325,000 7, 906.25
9/1/2033 5,960,000 7,450.00
9/1/2034 5,570,000 6,962.50
9/1/2035 5,155,000 6,443.75
9/1/2036 4,715,000 5,893.75
9/ 1/2037 4, 245,000 5, 306.25
9/1/2038 3,745,000 4,681.25
9/1/2039 3,215,000 4,018.75
9/1/2040 2,650,000 3,312.50
9/ 1/ 2041 2, 050,000 2, 562.50
9/ 1/2042 1, 410,000 1, 762.50
9/1/2043 725,000 906.25
Total 265,572.81
* 9/1/2013 PILOF is prorated assuming 9/19/2012 Closing
**Amount outstanding for previous 12-months
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Extract of Minutes of a Meeting of the
City Council of the City of Elk River, Minnesota
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Elk River, Minnesota, was duly held at the City Hall in said City on Monday,
2012 at P.M.
The following members were present:
and the following were absent:
Member introduced the following resolution and moved its adoption:
RESOLUTION NO.
RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE
OF CHARTER SCHOOL LEASE REVENUE BONDS UNDER MINNESOTA
STATUTES, SECTIONS 469.152 THROUGH 469.1651
(SPECTRUM HIGH SCHOOL PROJECT)
The motion for the adoption of the foregoing resolution was duly seconded by member
and after full discussion thereof and upon vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
404390v1 JSB KG400-1
RESOLUTION GIVING HOST APPROVAL TO THE ISSUANCE
OF CHARTER SCHOOL LEASE REVENUE BONDS UNDER MINNESOTA
STATUTES, SECTIONS 469.152 THROUGH 469.1651
(SPECTRUM HIGH SCHOOL PROJECT)
BE IT RESOLVED, by the City Council (the "Council") of the City of Elk River,
Minnesota (the "City") as follows:
Section 1. General Recitals. The purpose of Minnesota Statutes, Sections 469.152
through 469.1651 as amended, (the "Act"), is, among other things, to promote the welfare of the
State of Minnesota (the "State") by the active attraction and encouragement and development of
economically sound industry and commerce to prevent so far as possible the emergence of
blighted and marginal lands and areas of chronic unemployment.
Section 2. Description of the Project.
(a) Spectrum Building Company (the "Borrower"), a Minnesota nonprofit
corporation and organization described in Section 501(c)(3) of the Internal Revenue Code of
1986, as amended (the "Code") has proposed that the [City/County] of ,
Minnesota (the "Issuer") issue revenue bonds under the Act, in one or more series, in an
aggregate amount not to exceed $ (the "Bonds") to finance the acquisition of
the existing Spectrum High School facility located at 17796 Industrial Circle Northwest
(collectively, the "Project"). The School will be owned by the Borrower and leased to and
operated by the Spectrum High School, a Minnesota nonprofit corporation (the "School").
(b) The City has been advised that the Bonds or other obligations, as and when
issued, will not constitute a charge, lien or encumbrance upon any property of the City or the
Issuer, except the Project and the revenues to be derived from the Project. Such Bonds or
obligations will not be a charge against the general credit or taxing powers of the City or the
Issuer, but is payable from sums to be paid by the Borrower pursuant to a revenue agreement.
Section 3. Recital of Representations Made bathe Borrower.
(a) The Borrower has agreed to pay any and all costs incurred by the City in
connection with the issuance of the Bonds, whether or not such issuance is carried to completion.
(b) The Borrower has represented to the City that no public official of the City has
either a direct or indirect financial interest in the Project nor will any public official either
directly or indirectly benefit financially from the Project.
Section 4. Public Hearin.
(a) As required by the Act and Section 147(f) of the Code a Notice of Public Hearing
was published in the City's official newspaper and newspaper of general circulation, for a public
hearing on the proposed issuance of the Bonds and the proposal to undertake and finance the
Project.
2
404390v1 JSB KG400-1
(b) As required by the Act and Section 147(f) of the Code the City Council has on
this same date held a public hearing on the issuance of the Bonds and the proposal to undertake
and finance the portion of the Project located within the jurisdictional limits of the City, at which
all those appearing who desired to speak were heard and written comments were accepted.
Section 5. Host Approval. The City Council hereby gives the host approval required
under Section 147(f) of the Code and, pursuant to Minnesota Statutes §471.656, Subd. 2(2), the
City Council hereby consents to the issuance of the Bonds.
Mayor
ATTEST:
Clerk
404390v1 JSB KG400-1
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being the duly qualified and acting Clerk of the City of Elk River,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and
complete transcript of the minutes of a meeting of the City Council of said City duly called and
held on the date therein indicated, insofar as such minutes relate to granting host approval to the
issuance of revenue bonds for a project in the City.
WITNESS my hand this day of , 2012.
City Clerk
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404390v1 JSB KG400-1
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