7.7. SR 12-21-2009REQUEST FOR ACTION
To Item Number
Ma or and Ci Council 7.7.
Agenda Section Meeting Date Prepared by
Administration December 21, 2009 Tim Simon, Finance Director
Item Description Reviewed by
Resolution Authorizing the Issuance of General Obligation Lori ohnson, Ci Administrator
Bonds to Refund Existing Debt for Interest Cost Savings - Reviewed by
Public Hearing
Action Requested
Approval of a resolution giving preliminary approval for the issuance of general obligation capital
improvement plan bonds in an amount not to exceed $8,000,000 and adopting the City of Elk River,
Minnesota, Capital Improvement Plan for 2010 through 2014 under Minnesota Statues, Section 475.521.
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 2010-2014 Capital Improvement Plan
previously discussed prior to this item.
The City would exercise the purchase option under the lease agreement with the EDA to refund the
2002A Public Safety Building Lease Revenue Bonds and the 2002B City Hall Expansion Lease Revenue
Bonds in/order to reduce city borrowing costs and eliminate the reserve requirement. The bond still
maintains the special levy authority to levy the bond payments and does not change by making them
G.O. bonds. The refunding of the bonds may occur in early 2010 or it may not occur unti12012. The
public hearing and approval of the use of G.O. bonds will enable the City to react quickly when interest
rates meet the City's parameters for savings.
The CIP Act requires the City Council to consider eight factors in preparing the CIP: See pages 7-8 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.
C:\Documents and Settings\jmiller\Local Settings\Temporuy Internet Files\OLK3E\CIP for financing purposes.doc
Mark Ruff from Ehlers & Associates will be at the meeting to discuss the current bond environment and
the likelihood of the City being able to take advantage and refund the bonds in the next couple of years.
Financial Impact
The refunding bonds, if realized, would produce a net present value savings of at least 3% of refunded
principle, as well as eliminating the need for a reserve fund.
Attachments
• City of Elk River CIP for Financing Purposes Plan
• Resolution giving preliminary approval for the issuance of general obligation capital improvement
plan bonds in an amount not to exceed $8,000,000 and adopting the City of Elk River, Minnesota,
Capital Improvement Plan fox 2010 through 2014 under Minnesota Statues, Section 475.521
Action Motion by Second by Vote
FOIIOW Up
C:\Documents and Settings\jmiller\Local Settings\Temporary Internet Files\OLK3E\CIP for financing purposes.doc
2010 through 2014
Five-Year Capital Improvement Plan
City of
El:
December 21, 2009
Prepared by:
City of Elk River Staff
and
Ehlers & Associates, Inc.
3060 Centre Pointe Drive
Roseville, MN 55113
..~. EHLERS
LEADERS IN PUBLIC FINANCE
Table of Contents
I. INTRODUCTION ...................................................................... 3
II. PURPOSE .............................................................................................4
III. THE CAPITAL IMPROVEMENT PLANNING PROCESS .............. 5
IV. PROJECT SUMMARY ....................................................................... 6
V. FINANCING THE CAPITAL IMPROVEMENT PLAN ................... 10
PROPOSED CIP BOND ISSUES .................................. APPENDIX A
PRE-SALE SCHEDULE ................................................ APPENDIX B
RESOLUTIONS/NOTICE OF PUBLIC HEARING ..... APPENDIX C
City of Elk River CIP for Financing Purposes Page 2
City of Elk River
Five-Year Capital Improvement Plan
2010 through 2014
I. INTRODUCTION
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 a specific type of capital improvement plan without the usual
referendum requirement (except for the so-called "reverse referendum"
described below). 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 G.O. Capital Improvement Plan Bonds
to finance a new City library under the CIP Act. This capital improvement
plan is intended to supercede the previous plan for the City library.
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.
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
City of Elk River CIP for Financing Purposes Page 3
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
is essential for the wise use of limited financial resources.
The Capital Improvement Plan is designed to be updated on an annual 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
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
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City of Elk River CIP for Financing Purposes Page 4
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 a so-called "reverse
referendum:" if a petition signed by voters equal to at least five percent of
the votes cast in the City in the last general election is filed with the City
Clerk within 30 days after the public hearing regarding the bonds, the bonds
may not be issued unless approved by the voters (by a majority of those
voting on the question). Further, 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.
IV. PROJECT SUMMARY
The only two capital improvements contemplated in the five-year period of
this plan (2010 through 2015) are the acquisition of the City's existing
public safety building and the expansion of the City Hall, both constructed
in 2002 (the "Buildings"). The acquisition will occur through issuance of
refunding bonds (referred to as the "CIP Bonds"). The Elk River Economic
Development Authority ("EDA") issued its $8,000,000 Public Safety
Building Lease Revenue Bonds, Series 2002A (the "Series 2002A Bonds")
to finance construction of the public safety building. The Elk River
Economic Development Authority ("EDA") issued its $1,695,000 City Hall
Expansion Lease Revenue Bonds, Series 2002B (the "Series 2002B Bonds")
to finance construction of an expansion to its City Hall, including office for
the Elk River Municipal Utilities. The Elk River Municipal Utilities
("ERMU) is responsible for the water and electric enterprise operations of
the City. The City leases the Buildings from the EDA, paying lease
City of Elk River CIP for Financing Purposes Page 5
payments equal to debt service on the Series 2002A and Series 2002B
Bonds.
The City has now determined to exercise its purchase option under the lease
agreement with the EDA in order to acquire fee title to the Buildings and
refund the Series 2002A and Series 2002B Bonds. The City proposes to
finance the acquisition through issuance of CIP Bonds under the CIP Act
and this CIP. The proposed CIP Bonds would be issued sometime in the
next five years, in a principal amount not to exceed $8,000,000. The CIP
Bonds may be issued in one or more series and may refund the Series 2002A
Bonds and Series 2002B Bonds separately or together. The call dates on the
Series 2002A Bonds and Series 2002B Bonds are both on 2/1/2013.
City of Elk River CIP for Financing Purposes Page 6
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 refunding bonds. -The findings are as follows:
Conditions of City Infrastructure and Need for the Projects
The Buildings currently exist, but the City has determined that it is
financially prudent to acquire those facilities from the EDA. Other than
such acquisition, the City does not anticipate further repair or replacement of
the Buildings in the 2010 through 2015 period.
Demand for Projects
As noted above, the Buildings currently exist. Acquisition of the existing
leased facilities is prudent in order to reduce City borrowing costs.
Estimated Cost of the Projects
By issuing CIP Bonds that will refund the Series 2002A and Series 2002B
Bonds, the City expects to achieve a net present value savings of at least 3%
of refunded principal, as well as eliminate the need for a reserve fund.
Availability of Public Resources
The CIP Bonds for acquisition of the Buildings would be paid with ad
valorem taxes and any net revenues from water and electric revenues of the
ERMU, as are the lease payments that currently secure the Series 2002A and
Series 2002B Bonds. However, the CIP Bonds will be additionally secured
------
City of Elk River CIP for Financing Purposes Page 7
by the City's full faith and credit, which is expected to produce lower
interest rates on the CIP Bonds compared to the Series 2002A and Series
2002B Bonds.
Issuance of the CIP Bonds is not expected to affect the City's overall debt in
any significant way, other than through lowering debt service costs.
Relative Costs and Benefits of Alternative Uses of the Funds
Refunding of the Series 2002A and Series 2002B Bonds is expected to
produce cost savings, which may free up revenues for alternative uses.
Operating Costs of the Proposed Improvements
The proposed refunding of the Series 2002A and Series 2002B Bonds would
reduce operating costs of the Buildings, to the extent current lease payments
are converted to lower CIP Bond debt service payments. In other respects,
no changes to operating costs are expected under this CIP.
Options for Shared Facilities with Other Cities or Local Government
Sharing the Buildings with another community is not an option since the
provision of public safety services relies on immediate response times in
emergencies and having a shared facility outside of the community would
seriously jeopardize response times and public safety. In addition, all of the
surrounding communities have their own police forces.
For the electric and water (public works) portion of the Buildings operated
by the ERMU, services are provided to portions of Dayton, Big Lake and
Otsego.
City of Elk River CIP for Financing Purposes Page 8
Level of Overlapping Debt
V. FINANCING THE CAPITAL IMPROVEMENT PLAN
The total principal amount of requested expenditures under this Capital
Improvement Plan is $8,000,000. This amount represents the maximum
principal amount of CIP Bonds that may be issued to refund the Series
2002A and Series 2002B Bonds. Principal and interest on the CIP Bonds
will be paid through a tax levy over the term of the CIP Bonds, further
described in Appendix A.
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 is $2,250,901,900.
Therefore, the total principal amount of outstanding debt cannot exceed
$67,527,000 (These values are for 2008/09 tax year). As of October 31,
2009, the City has $17,780,771 subject to the legal debt limit (this amount
includes the Series 2002A and Series 2002B Bonds that are expected to be
refunded under this amendment to the CIP and includes 2/3 of the EDA's
G.O. debt issued for the YMCA project). As such, issuance of the refunding
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 $3,601,000 for the 2008/09 tax year ($2,250,901,900 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, Series 2006C will average approximately
$979,000. 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 2010 and in one series are shown in Appendix A. The form of the
public hearing notice and resolution approving the CIP are shown in
Appendix B.
City of Elk River CIP for Financing Purposes Page 9
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 10
APPENDIX A
PROPOSED CIP BOND ISSUE -AMOUNT OF ISSUE SIZE AND
ANNUAL DEBT SERVICE WILL VARY FROM ESTIMATES
of Elk River, MN
Proposed Net Cash Refunding as G.O. of
$8,000,000 Lease Revenue Bonds, Series 2002A
$1,695,000 Lease Revenue Bgnds, Series 2002B
Estimated Debt Service Schedule
Date Principal Coupon Interest Total P+I Fiscal Total
oz/ovzolo - - - - -
OS/O]/2010 - - 93,448.75 93,448.75 -
02/Ol/2011 535,000.00 0.750% 93,448.75 628,448.75 721,897.50
08/01/2011 - - 91,442.50 91,442.50 -
02/01/2012 540,000.00 1.100% 91,442.50 631,442.50 722,885.00
08!01/2012 88,472.50 88,472.50 -
02/01/2013 550,000.00 1.400% 88,472.50 638,472.50 726,945.00
08/01/2013 - - 84,622.50 84,622.50 -
02/Ol/2014 555,000.00 ].800% 84,622.50 639,622.50 724,245.00
08/01/2014 - - 79,627.50 79,627.50
__ -
02/01/2015 565,000.00 2.000% 79,627.50 644,627.50 724,255.00
08/01/2015 - - 73,977.50 73,977.50 -
02/01/2016 580,000.00 2.300% 73,977.50 653,977.50 727,955.00
08/01/2016 - - 67,307.50 67,307.50 -
02/01/2017 590,000.00 2.550% 67,307.50 657,307 50 724,615.00
08/01/2017 - - 59,785.00 59,785.00 -
02/Ol/2018 610,000.00 2.800% 59,785.00 669,785.00 729,570.00
08/01/2018 - - 51,245.00 51,245.00 -
02/O1/2019 630,000.00 3.000% 51,245.00 681,245.00 732,490.00
08/01/2019 - - 41,795.00 41,795.00 -
02/01/2020 645,000.00 3.100% 41,795.00 686,795.00 728,590.00
08/01/2020 - - 31,797.50 31,797.50 -
02/01/2021 670,000.00 3.200% 31,797.50 701,797.50 733,595.00
08/01/2021 - - 21,077,50 21,077.50 -
02/O1/2022 685,000.00 3.300% 21,077.50 706,077 50 727,155.00
08/01/2022 - 9,775.00 9,775.00 -
02/01/2023 575,000.00 3.400% 9,775.00 584,775.00 594,550.00
Total $7,730,000.00 - $1,588,747.50 $9,318,747.50 -
07 netcash of Ser 02A 8 0 ~ Issue Summary ~ 11/ 9/2009 ~ 2:42 PM
City of Elk River CIP for Financing Purposes Page 11
APPENDIX B
EXHIBIT A
NOTICE OF PUBLIC HEARING
CITY OF ELK RIVER, MINNESOTA
2010-2014 CAPITAL IMPROVEMENT PLAN
AND NOTICE OF INTENTION TO ISSUE
CAPITAL IMPROVEMENT BONDS
NOTICE IS HEREBY GIVEN that the City Council of the City of Elk River, Minnesota (the
"City") will meet on Monday, December 21, 2009, at or after 6:30 p.m., at the City Hall in Elk
River, MN, in part to hold a public hearing concerning (1) the issuance of general obligation bonds
(the "Bonds") to refund existing debt for interest cost savings in a principal amount not to exceed
$8,000,000. The Bonds will allow the City to acquire from the Economic Development Authority
(the "EDA") the Public Safety Center and City Hall Expansion, originally constructed in 2002; and
(2) the proposal to adopt a capital improvement plan therefore pursuant to Minnesota Statutes,
Section 475.521.
All persons interested may appear and be heard at the time and place set forth above.
If a petition requesting a vote on the issuance of the Bonds, signed by voters equal to five
percent of the votes cast in the City in the last general election, is filed with the City Administrator
within 30 days after the public hearing (i.e., by January 21, 2010), the City may issue the Bonds only
after obtaining approval of a majority of voters voting on the question at an election.
A copy of the plan is available for inspection in the City Administrator's Office, City Hall,
13605 Orono Parkway, Elk River, Minnesota 55330. Question or comments may be directed to the
City Administrator's Office at 763-635-1000.
All interested persons may appear and be heard at the public hearing either orally or in
writing, or may file written comments with the City Clerk before the hearing.
Dated: x:XX xx, 2010
BY ORDER OF THE CITY COUNCIL OF
OF THE CITY OF ELK RIVER, MINNESOTA
/s/
City Administrator
City of Elk River CIP for Financing Purposes Page 12
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF ELK RIVER, MINNESOTA
HELD: December 21, 2009
Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City
of Elk River, Minnesota, was duly called and held at the City Hall in Elk River, Minnesota on
December 21, 2009, at 6:30 p.m. for the purpose, in part, of giving preliminary approval to the
issuance of general obligation capital improvement plan bonds and adopting the capital
improvement plan.
The following members were present:
and the following were absent:
Member introduced the following resolution and moved its adoption:
RESOLUTION 09-
GIVING PRELIMINARY APPROVAL FOR THE ISSUANCE OF GENERAL
OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS IN AN AMOUNT NOT TO
EXCEED $8,000,000 AND ADOPTING THE CITY OF ELK RIVER, MINNESOTA,
CAPITAL IMPROVEMENT PLAN FOR 2010 THROUGH 2014
UNDER MINNESOTA STATUTES, SECTION 475.521
A. WHEREAS, the City Council of the City of Elk River, Minnesota (the "City")
proposes to adopt the City of Elk River, Minnesota, Capital Improvement Plan (the "Plan") and to
issue its general obligation capital improvement plan bonds (the "Bonds") described in the Plan; and
B. WHEREAS, the City has caused notice of the public hearing on the intention to issue
the Bonds and on the proposed adoption of the Plan to be published pursuant to and in accordance
with Minnesota Statutes, Section 475.521; and
C. WHEREAS, a public hearing on the intention to issue the Bonds and on the proposed
Plan has been held on this date, following published notice of the public hearing as required by law;
and
D. WHEREAS, in approving the Plan, the City Council considered for each project and
for the overall Plan:
1. The condition of the City's existing infrastructure, including the projected
need for repair and replacement;
2. The likely demand for the improvement;
3. The estimated cost of the improvement;
4. The available public resources;
5. The level of overlapping debt in the City;
6. The relative benefits and costs of alternative uses of the funds;
7. Operating costs of the proposed improvements; and
8. Alternatives for providing services more efficiently through shared facilities
with other local governmental units; and
E. WHEREAS, the City Council has determined that the issuance of the Bonds will
result in overall lower tax levies for the City and is the best way to finance the capital improvements
described in the Plan as authorized under Minnesota Statutes, Section 475.521.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River,
Minnesota, as follows:
1. The amended Plan is hereby in all respects approved.
2. The staff and consultants of the City are hereby authorized to do all other things and take
all other actions as may be necessary or appropriate to carry out the Plan in accordance with any
applicable laws and regulations.
3. The City gives preliminary approval to issuance of the Bonds in the maximum principal
amount of $8,000,000, provided that if a petition requesting a vote on issuance of the Bonds, signed by
voters equal to five percent of the votes cast in the last general election, is filed with City Administrator
by January 21, 2010, the City may issue the Bonds only after obtaining approval of a majority of voters
voting on the question at an election.
The motion for the adoption of the foregoing resolution was duly seconded by Member
and, after full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted against the same:
STATE OF MINNESOTA
COUNTY OF SHERBURNE
CITY OF ELK RIVER
I, the undersigned, being duly qualified and acting City Clerk of the City of Elk River,
Minnesota, DO HEREBY CERTIFY that I have carefully compared the attached and foregoing
extract of minutes with the original minutes of a meeting of the City Council of said City on
December 21, 2009, duly called and held on the date therein indicated, which are on file and of
record in my office, and the same is a full, true and complete transcript therefrom insofar as the same
relates to a resolution giving preliminary approval for the issuance of the City's general obligation
capital improvement plan bonds and adopting the City's capital improvement plan therefor.
WITNESS my hand this 21St day of December, 2009.
City Clerk
[Bonds must be approved by at least three-fifths of the members.]
[Issuance of Bonds is subject to a 30-day reverse referendum after the public hearing.]