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THE:". CITY OF I AKE ELMO Our Mission is to Provide Quality Public Services in a Fiscally Responsible Manner While Preserving the City's Open Space Character N0714CE OF KEE-1-ING City Of lake Elmo 3800 Laverne Avenue North City Council Meeting Tuesday® 3une 19, 2012 at 7:00 p.m. AGENDA A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF AGENDA E. ORDER OF BUSINESS/GROUND RULES F. ACCEPT MINUTES 1. Accept June 5, 2012, City Council minutes G. PUBLIC COMMENTS/IN UIRIE H. PRESENTATIONS Eric Eitzman, Eagle Scout Project I. CONSENT AGENDA Note. Items listed under the Consent Agenda will be enacted by one motion with no separate discussion. If discussion on an item is desired, the item will be removed from the Consent Agenda for separate consideration. 2. May 2012 Financial Reporting; Year to date Building Report 3. Approve Payment of Disbursements and Payroll 4. Approval of Resolution 2012-30 Appointing 2012 Election Judges 5. Resolution 2012-33 Approval Removal of Assessments frorn 2012 File with Washington County J. REGULAR AGENDA 6. Resolution 2012-031 Street Name Change-Julep Avenue North (Entrance into Tapestry at Charlotte's Grove) 7. Minor Subdivision - 11240 50th Street North 8. Resolution 2012-29 Approve Issuance and Sale of G. O� Improvement Bonds; Series 2012 A Crossover Refunding Bonds 9. Resolution 2012-28-Approve Issuance and Sale of G. O. Improvement Bonds; Series 2012 B Demontreville Highlands Area Street Improvement Project 10. Financial Planning Services Agreement with Northland Securities for the Purpose of Analyzing 'Water, Sanitary Sewer, and Storm Water Systems in Preparation of Water Main and Sewer Main Extension Projects. 11. Economic Development Authority (EDA) Structure (Draft - Discussion Purpose Only) K. SUMMARY REPORT'S AND ANNOUNCEMENT'S ® Mayor and Council ® Administrator • City Attorney City Engineer Planning Director Finance Director L. Adjourn LAKE ELMO CITY COUNCIL MINUTES JUKE 5, 2012 DRAFT CITY OF LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2012 Mayor Johnston called the meeting to order at 7:00 p.m. PRESENT: Mayor Johnston, Council Members Emmons,Smith,Pearson,and Park. Also Present: City Administrator Zuleger, City Attorney Snyder, City Engineer Griffin, Assistant City Engineer Stempski,City Planner Johnson,City Clerk Thone,and Finance Director Bendel. APPROVAL OF AGENDA: Council Member Smith asked that the Reports Section be moved to the end of the council meeting. She expressed most residents attend the meeting for specific items on the agenda and moving this would save them from having to wait through sometimes lengthy reports. She noted two council members requested movement of the Reports Section to the end of the meeting's agenda. Mayor Johnston stated that the council had moved the Reports Section previously to where it is currently by specific action of the council. He disagreed with changing that motion since the item was not on this week's agenda. He noted he was in support of retaining the Reports Section at the beginning of the agenda and suggested the matter be placed or.next meeting's city council agenda. Council Member Smith noted two council members requested movement of the Reports Section to the end of the meeting's agenda and therefore it should have been included in this evening agenda, City Administrator Zuleger confirmed that the request had been made and he was intending to seek council's direction prior to placing it on the next council agenda. MOTION: Council Member Pearson moved to approve the June 5, 2012 City Council Agenda as presented. Council Member Emmons seconded the motion. The motion passed 5-0. ACCEPTED MINUTES: 1.The May 15, 2012 City Council minutes were accepted as presented by consensus of the City Council. 2. The May 29, 2012 City Council minutes were accepted as presented by consensus of the City Council. PUBLIC COMMENTS/INQUIRIES: PRESENTATIONS: EMPLOYEE QUALITY STAR RECOGNITION: City Administrator Zuleger presented recognition awards to three staff members for exemplary service in a culture of performance: Nick Johnson for his work on the Village sewer survey, MN Greensteps, and Hwy S landscaping; Carole Luczak for her swift and calm response in reestablishing phone service for the city in a recent system failure; Mary Cummings for her guidance, wisdom, expertise, and patience during the transition from the Washington County library system to establishing a new City library. Pagel of LAKE ELMO CITY COUNCIL MINUTES T TES JUNE 5, 2012 DRAFT GLORIA KNOBLAUCH PROCLAMATION PRESENTATION BY MAYOR JOHNSTON Mayor Johnston read the Proclamation honoring Gloria Knoblauch for her contributions and dedication to the City, proclaiming July 12, 2012, Gloria Knoblauch Day. Gloria's husband was in attendance and was presented with the proclamation. REPORTS: Council Member Smith requested that Reports and Announcements be moved to the end of the meeting rather than the beginning stating residents normally attend council meetings for specific items on the agenda. City Administrator Zuleger requested council direction to place this item on the June 19, 2012 council meeting. Council Member Emmons suggested either limiting the time frame if the item remains at the beginning or move it to the end if we are unable or unwilling to limit the time. Mayor Johnston expressed his view that if it were moved to the end, the Report section would prove to be less than informative than at the beginning. Council Member Pearson expressed he would agree the meetings may be more productive if we move it towards the end of the meeting. Council Member Park concurred she was fine with moving it to the end of the meeting so that council meeting attendees may not have to sit through the lengthy report section. Council Member Smith moved to change the agenda by moving the Report Section to the end of the agenda. Council Member Pearson seconded the motion. The motion passed 3-1,Johnston Nay,Emmons Abstain. CONSENT AGENDA: MOTION: Council Member Pearson moved to approve the Consent Agenda as presented. Council Member Emmons seconded the motion. The motion passed 5-0. 3. Approve Payment of Disbursements and Payroll in the amount of$353,288.27 4. Resolution 2012-23 Approve Removal of Assessments from 2012 File with Washington County S. Approve Administrative Position Descriptions 6. Resolution 2012-26 Adopting Purchasing Policy 7. Well No. 2 Chlorination System Addition-Accept Improvements and Approve Final Contractor Payments B. Resolution 2012-24 2012 Street and Water Quality Improvements-Approve Plans and Specifications and Order Advertisements for Bids 9. Resolution 2012-25 2012 Seal Coat Project-Accept Bids and Award Contract 10. Proclamation Recognizing Gloria Knoblauch REGULAR AGENDA: ITEM 11. ORDINANCE 2012-58 CITY CODE AMENDMENT PERTAINING TO WATERCRAFT AND WATER SURFACE REGULATIONS AND PROHIBITED STRUCTURES AND USES City Administrator Zuleger reported to the council that Water Surface Use Regulations was a project undertaken several months previously and he was requesting council to advise him regarding completion of the ordinance. He noted that since the 2011 council approval of the ordinance, it was found that any surface water use regulations Page 2 of 6 LADE ELMO CITY COUNCIL MINUTES JUNE S, 2012 DRAFT must be reviewed by the DNR. The ordinance on tonight's agenda is a result of multiple reviews by the responsible DNR member. Mayor Johnston noted that there were numerous additions and changes to the ordinance that the council had approved in 2011, including a prohibition of boating movements within 150 feet of shoreland versus the 100 feet the council approved in 2011, and a change in a method to determine the lake level at which no-wake provisions would go into effect. Council Member Smith stated she believes that the specified 929.7 feet above sea level adequately protects the shoreland and she prefers that specification to the DNR specification of so many feet over the OHW mark. Justin Bloyer of 8881 Jane Road addressed the council and expressed his desire to see action on this ordinance tonight. He suggested to council that they amend both the ordinary high water mark and the safe operating distance. Patrick Dean of 8028 Hill Trail North requested that homeowners be notified when/if something would be proposed for the lakes. He said the council had adopted the ordinance November 1, 2011, changing the OHW from 930 feet to 929.7 feet and to five consecutive days. The 1.50 foot restriction would be impossible as it would create dead zones, and it would be catastrophic for owners of this'bounce' lake which requires unique treatment. Council Member Emmons concurred with Mr. Dean's comments regarding the 929.7 feet OHW mark, and that the 150 feet setback would be unacceptable. City Administrator Zuleger confirmed the council direction to meet with the DNR and city Attorney Snyder in revising the ordinance proposal and bring it back for council approval. In addition he stated City Staff will notify lake shore owners in the future regarding council action regarding Water Surface Use Regulations. Terry Bozak of 8110 Demontreville Trail commented that the lake community was not notified of these proposed ordinance changes; that he appreciated the hard work of the council last year and stressed lake resident notification for any major changes. Roger Johnson of 8048 Hill Trail, V.P. of the Lakes Demontreville and Olsen Association stated he was thankful for the regulation regarding the no-wake zone and approved of the 929.7 specification. Based on DNR Statutory authority, City Administrator Zuleger suggested the council reaffirm Ordinance 08-50. Council Member Smith inquired about the need to reaffirm an adopted ordinance. City Administrator Zuleger and Attorney Snyder will meet with the DNR to review the suggested DNR changes to determine which changes are mandatory and which are merely suggested. MOTION: Council Member Pearson moved to reaffirm Ordinance 08-50 dated November 2011. Council Member Emmons seconded the motion. The motion passed 5-0. *moved item 14 forward in the agenda ITEM 1 4: CEDAR PET CLINIC PARKING AUTHORIZATION City Planner Johnson presented the parking lot expansion request submitted by the Cedar Pet Clinic, noting the site plan was approved as part of the original Conditional Use Permit in 2006 for the parking lot. He explained the parking design differs but it does not add impervious surface. Nick shared photographs of the site,which is the Page 3 of 6 LAKE ELMO CITY COUNCIL MINU'T`ES JUNE 5, 2012 DRAFT southwestern corner of the lot. Dr. Bailey was present in the audience for additional questions. Staff recommended the council approve the parking additions in compliance with Ordinance 2006-084. Council Member Smith commented that all parking would be in the back of the building. MOTION: Council Member Smith moved to approve the six new parking spots at 11501 Stillwater Blvd.for Cedar Pet Clinic Parking Authorization. Council Member Pearson seconded the motion. The motion passed 5-0. ITEM 12: ORDINANCE 2012-59 ILLICIT DISCHARGE AND CONNECTION AND RESOLUTION 2012-22 APPROVING SUMMARY PUBLICATION City Engineer Griffin requested the council consider approving the illicit discharge and connection ordinance. He stated this is mandatory as a part of the MPCA approved permit establishing conditions for discharging storm water. The adopted Municipal Separate Storm Sewer System (MS4) Permit is a 5-year program, already adopted by the City,and regulates discharge. The ordinance establishes legal authority to prohibit illicit discharge. MOTION. Council Member Emmons moved to approve Ordinance 2012-59 Adopting Regulations to Govern Illicit Discharge and Connection in the City of Lake Elmo, and moved to approve Resolution 2012-22 Approving Summary Publication. Council Member Smith seconded both motions. The motions both passed 5-0. ITEM 13: MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT-ANNUAL PUBLIC MEETING AND ACCEPT THE 2011 MS4 ANNUAL REPORT City Engineer Griffin requested council to conduct the Annual Public Meeting required by the MS4 Permit, and receive public input. Assistant City Engineer Stempski presented the highlights of the program. The annual report is submitted to the MPCA by June 30, 2012. The city continues to monitor and enforce erosion control measures to minimize storm sewer runoff and establishing rain gardens. City Engineer Griffin explained several key factors on the stormwater front including significant changes occurring in the implementation process. He noted that the city has been in the maintenance mode the past few years, but will have to move into the action mode in the near future. City Engineer Griffin explained that part of this new permit may prohibit a coal based sealant to reduce the chance of these chemicals in our storm water. He reported that new rules will likely require TMDL studies (total maximum daily loads) studies. He will be observing closely how this may affect the city. Council Member Pearson inquired as to who is responsible for HOA ponds. City Engineer Griffin stated that has not been determined yet. Council Member Emmons expressed Lake Elmo does not have as many traditional storm water issues as other cities. Public Hearing Opened at 8.25 p.m. No comments were received. Public Hearing Closed at 8:26 p.m. Page 4 of 6 LAKE ELMO CITY COUNCIL MINUTES JUNE 5, 2012 DRAFT MOTION: Council Member Smith moved to approve the Municipal Separate Storm Sewer System (MS4) Permit - Annual Public Meeting and Accept the 2011 MS4 Annual Report. Council Member Park seconded the motion. The motion passed 5-0. ITEM 15: DISCUSSION OF LAKE ELMO/WASHINGTON COUNTY SHERIFF'S DEPARTMENT-COVERAGE CONTRACT PROPOSAL City Administrator Zuleger explained he has been meeting with Sheriff Hutton regularly to discuss the county sheriff's department coverage contract with the community of Landfall which will provide a `power car' that will also provide additional coverage for the City of Lake EImo. City Administrator Zuleger explained in detail how the agreement would positively affect the city. He also noted there was additional discussion about the humane services for the city. Council Member Smith inquired whether we could look into alternatives for dog catching services in the community to which City Administrator Zuleger concurred staff would seek alternatives and bring a cost-recovery program at a future meeting. ITEM I: SUMMARY REPORTS AND ANNOUNCEMENTS Council Member Emmons expressed his appreciation for the great city wide event and the fantastic turn out at the planting. He attended a Metropolitan Council Land Use Advisory Committee and stated they were backing down from overall growth projections with a timeline looking at being finalized in late 201.3, and that households were comprised of smaller numbers of people per household; grant money would be available if it was consistent with the City's Comprehensive Plan; and mentioned the rain gardens tour of the city. Council Member Smith expressed her appreciation for City Administrator Zuleger's weekly summary, City Engineer Griffin's engineering summary, stated she enjoyed a family lake trip to Lake Jane, and was working on the Fall Festival plans with City Administrator Zuleger, Chief Malmquist and the Rotary for September 7 and 8, 2012 and is actively looking for volunteers; she expressed her appreciation for the perking up of City Hall. Council Member Pearson reported he attended and appreciated the city's customer service training organized by City Clerk Thone, and inquired about the possibility of renting out the Art Center Building either for meetings or as a home and discussion of the topic ensued. Council Member Park had nothing to report. Mayor Johnston reported he attended the Gateway Corridor Policy Advisory meeting and stated if the city is serious about a Park and Ride we need to talk with the county/representative to come up with the funding; be met with City Administrator Zuleger and the Rotary regarding obtaining funding for the city demonstration grant; he attended the city customer service training; participated in the tree planting this weekend; attended the open house at the Prairie Ridge office park, attended a planning and zoning meeting to learn more about community treatment systems; and attended a Metro Cities policy meeting and stated they are looking for committee members; attended a meeting about allocation of the quarter percent sales tax; met with Oak Park Heights Council Member McComber regarding the $300,000 grant received to study issues along Highway 36 to move utilities and suggested we might work together on a plan for the Highway 36 Corridor. Page 5 of 6 LAKE EL MO CITY COUNCIL MINUTES JUNE 5, 2012 DRAFT City Administrator Zuleger reported he has been quite active with staff regarding growth issues and we will be receiving a rate study from Northland Securities about rate study regarding water extensions; is planning an EDA workshop for July; attended Village walk-thru about theming I-94 and the Village areas; working on a matrix about challenges and impediments to growth; attended a MAA meeting and learned about grants for senior community initiatives; he noted the following upcoming meetings: transportation workshop on June 14th from 6-8pm at Wildwood Lodge with 77 businesses for a business roundtable; a June 21st HOA meeting regarding the bike and pedestrian trail plan from 6-8pm, a demonstration project on-going with LED lighting is hoping for a July 4th unveiling; and finally a library building agreement; Public Works staff attended a lean training session; City Hall is in the midst of a transition and thanked everyone,especially the Public Works staff,for their hard work. City Attorney Snyder reported he reviewed the purchase agreement for the library property; prepared development agreement with Christ Lutheran Church; handled internal administrative matters; and pending litigation subject to attorney/client privilege. City Engineer Griffin reported the 2012 streets project was going out for bids; there will be no center landscape islands; flat grades and utilizing additional concrete curb and gutter to assist with water flow. City Planner Johnson thanked Public Works staff, Hagbergs and Lake Elmo Bank and all the volunteers for assisting with the landscaping project; Natural Systems Utilities regarding wastewater treatment plans and septic systems available; petition received for a grading permit at 9242 Hudson Blvd. related to Summit Board Shop; Village workgroup meeting the week of June 18th; work ongoing with MN land trust, conservation easement and streetscape. Finance Director Bendel reported the audit draft is expected late this week, expects to have the final by July 3, budget worksheets ready next week, reviewing inventory records, and consumer confidence report will be mailed with the water bills next week. ADJOURN:The meeting adjourned at 8:57 p.m. LAKE ELMO CITY COUNCIL Dean A.Johnston, Mayor Sandie Thone,City Clerk Page 6 of 6 _: ..., THE CITY OF .................... _- MAYOR AND COUNCIL COMMUNICATION DATE: June 19,2012 CONSENT ITEM#: 2 MOTION AGENDA ITEM: May 2012 Financial Reporting SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: City Administrator and City Clerk SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, The City Council is asked to accept the May 2012 Financial Reporting Packet. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operations and report the financial (unaudited) statement to the City Council. City guidelines suggest the Council be updated on a regular basis. STAFF REPORT: Attached please find a report for May reflecting the monthly detail supporting the year to date actual results and comparing those results to the 2012 Budget. The most significant variances are highlighted below: Revenues: • General Contractor licenses to date have exceeded the full year budget by 12.5%. It is anticipated that this trend will continue. • Assessment searches to date are at 80% above the full year budget due to a coordinated effort to ensure all search request fees are received. On average five searches are performed each week due to an increased volume of activity in the housing market. • The notification for the April fine revenue was received in May after the City Council packet was prepared for April. In May, the revenue was booked back to April to be accurately reflected in the history files. • Internal charges reflect the service fee charged for processing performed related to the library card reimbursements. Through May 453 library card reimbursements have been processed at a reimbursement of$2 each. Expenses: All departments are at or well below their 41.67% of budget as all Departments continue to strive to identify and implement any cost saving measures. A few key items to note: • Some recurring expense items show zero for January which stands out. This is a result of moving the expense back to December when the expense was incurred for year end. • Unemployment Benefits and Workers Compensation are expensed as those benefits are paid out to claimants. • Although no contract services were budgeted for Administration, expenses were incurred to cover the front desk prior to being frilly staffed. • The Finance Department also used contracted services to cover the Finance department lack of full-time staff and is over budget in that category as a result. The contractor services were primarily used to prepare for the annual Financial Audit. Now that the majority of the audit is complete, those services will no long be needed. • The Planning Department also uses a part-time contractor to cover the Planning Assistant functions until a full-time staff person was hired. The new Planning Assistant is now on staff full-time and it is anticipated that these services will no longer be needed. • The engineering invoice for. May was not turned in until June and as such will be reported in June. • The amounts previously reported as a negative amount in surcharge payments have been moved to a payable account. These amounts are reported and paid in quarterly. • Recycling supplies were purchased in May in preparation for the annual recycling day held on June 9, 2012, RECOMMENDATION: It is recommended that the City Council receive the May monthly Financial Reporting Packet as part of tonight's Consent Agenda. Alternately, the City Council does have the authority to remove this item from the Consent Agenda and further discuss and review. ATTACHMENTS: 1. May Financial Reports 's x w 3 a � R � m � C C V F o N C h O rP d O O �n Vl C O r-: c O h P O? O 00 l+ O en 0 O ', O ar O �n O O n Q p Q t- Ca C? N V1 0, 00 v O � o' 'n 'R \ h rl W) rl '� " v %D - O m vi C 4 00 P t` N O 't O O C O O 01 M M M O In C -Ir !! N N 00 ,cam N t- 00 1D m m .--i 00 O of h OC 0 rry v1 O+ oo b 00 �n ID 00 'v' lD lO •.. 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THE CITY OF L ' KE ELMO MAYOR AND COUNCIL, COMMUNICATION DATE: 06/19/2012 CONSENT ITEM#: 3 MOTION Consent Agenda AGENDA ITEM: Approve Disbursements in the Amount of$224,228.66 SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Joan Ziertman,Finance Consultant SUMMARY AND ACTION REQUESTED: As part of its Consent Agenda, the City Council is asked to approve disbursements in the amount of$224,228.66. No specific motion is needed, as this is recommended to be part of the overall approval of the Consent Agenda. BACKGROUND INFORMATION: The City of Lake Elmo has fiduciary authority and responsibility to conduct normal business operation. Below is a summary of current claims to be disbursed and paid in accordance with State law and City policies and procedures. claim# Amount Description ACH $ 11,1 1 3.81 Payroll Taxes to IRS & MN Revenue 6/14/2012 ACH $ 4,906.47 Payroll Retirement to PERA 6/14/12 DD3991 ---DD4027 $ 29,682.97 Payroll Dated 6/14/12 (Direct Deposit) 38489-38498 $ 10,170.80 Payroll Dated 6/14/2012 (Payroll Paper Checks) 38487-38488 $ 10,182.66 Accounts Payable Dated 6/7/12 (Manual Checks) 38500-38556 $ 156,431.95 Accounts Payable Dated 6/19/12 1455-1483 $ 1,740.00 Accounts Payable Dated 6/19/12 (Library Checks) l r TOTAL ' { $ 224,228.66 i STAFF REPORT: City staff has complied and reviewed the attached set of claims. All appears to be in order and consistent with City budgetary and fiscal policies and Council direction RECOMMENDATION: It is recommended that the City Council approve as part of the Consent Agenda proposed disbursements in the amount of$224,228.66. Alternatively, the City Council does have the authority to remove this item from the Consent Agenda or a particular claim from this item and further discuss and deliberate prior to taking action. If done so, the appropriate action of the Council following such discussion would be: "Move to approve the .Tune 19, 2012,. Disbursements as Presented[and modified]herein." ATTACHMENTS: 1. Accounts Payable Dated 6/19/2012 SUGGESTED ORDER OF BUSINESS i 'removed froin the ConsentA enda - Questions from Council to Staff.............................................Mayor Facilitates - Call for Motion ...............................................................Mayor&City Council - Discussion.......................................................................Mayor&City Council - Action on Motion.................................................................... 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In In In 'n 'n .1 N ✓ « \ % \ \ \ » % \ \ p � � . � ¥ » « @ 6 \f � % u %$ \ \e p � k $ � � 9 - � Q c � \ � _ 0 � . � � ¥ § � \ � k \ J k / 2 \ : k krA 2 / q a / k � ƒ � 2 7 $ S 06 \ f ƒ\ k a - \ / \ g ±§ � q % � {/ f 5 0 \ / \ \ / » 'A \ CD � / 0 7 / %U ƒ \ CY � � CO) k \ \ \ \ \ � � � § / Q 4 c � � k @ � / , 0 � « \ % e � * \ ( 35 k \ % $ � c w \ � \ � 3 \ \ \ \ \ o @ \k \ $ k e , � tk / Q •- © \ / 3M 7 � k / / 4 y * / \ \ » C \ � k � \ / 2 \ \ § J `} } / A \ / c w t f ILK o » \ « c § O « $ $ 7 00 f � / £\ . ee \ t / $ � tn \ � / /ID \ r o z o \ . \ A 4t $ \ / ? THE CIT'll, OF L. . .... . .._,, MAYOR AND COUNCIL COMMUNICATION DATE: 6/19/2012 CONSENT ITEM #: 4 MOTION Consent Agenda AGENDA ITEM: Approval of Resolution 2012-30 Appointing 2012 Election Judges SUBMITTED BY: Sandie Thone, City Clerl{�, 1 THROUGH: Dean A. Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: As part of the Consent Agenda City Council is respectfully requested to approve Resolution 2012-30 A Resolution Appointing Election Judges for the 2012 Primary and General Election. Please find attached Exhibit A with the names of the 2012 election judges. STAFF REPORT: Pursuant to Section 204B.21 of the Minnesota Election Laws, election judges shall be appointed by the municipality. The appointments shall be made at least 25 days before the election at which the judges will serve. The election judges are required to receive compensation equal to at least the prevailing Minnesota minimum wage for each hour spent carrying out duties at the polling place and attending training. We recognize the City of Lake Elmo is dependent upon and appreciative of citizen assistance for conducting the local election process. The Lake Elmo 2012 Primary and General Election Judge appointments consist of individuals recommended by the City Clerk and require the approval by majority of the City Council. Staff is requesting the individuals listed on the attached Exhibit A be appointed to serve as election judges for the August 14, 2012 Primary Election and November 6, 2012 General and City Election at the hourly rate of$10.00 for election judges and $11.00 for head election judges. RECOMMENDATION: Staff recommends the City Council approve Resolution 2012-30 A Resolution Appointing Election Judges for the 2012 Primary and General Election depicted in the attached Exhibit A. CITY OF LADE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-30 A RESOLUTION APPOINTING ELECTION JUDGES FOR THE 2012 PRIMARY AND GENERAL ELECTION WHEREAS, pursuant to Section 204B.21 of the Minnesota Election Laws, Election judges shall be appointed by the municipality; and WHEREAS, the appointments shall be made at least 25 days before the election at which the judges will serve; and WHEREAS, election judges and election judge trainees shall receive at least the prevailing Minnesota minimum wage for each hour spent carrying out duties at the polling place and attending training. WHEREAS, the City of Lake Elmo is dependent upon and appreciative of citizen assistance for its election process and, WHEREAS, the Lake Elmo 2012 Primary and General Election Judge appointments consist of individuals recommended by the City Clerk with the approval by majority of the City Council NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Lake Elmo that the individuals listed on the attached Exhibit A are appointed to serve as election judges for the August 14, 2012 Primary Election and November 6, 2012 General and City Election at the hourly rate of $10.00 for election judges and $11.00 for head election judges. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LA1 a, I LMO THIS NINTEENT11 DAY OF JUNE 2012. By: Dean A. Johnston. Mayor ATTEST: Sandie Thone City Clerk Resolution 2012 0 1 Exhibit A - 2012 lake Elmo Election Judges Allen,Diane Olson,Gail M Allen,Jim Ostem,Catherine Battah,Abdallah M Paul,Carol Bjorkman,Barbara Paul,Larry Bogut,Keith Paulson,Phyllis K Brockway,Judy A Petrich,Deana 10 Brockway,Matthew C Petrich,Michael J Buchek,Ann M Pierre,Jackie Luella Burress,Mary Quinn,Lisa Burress,Michael J Raney,Edwin Capp,Serenna L Raney,Jacqueline Carlson,James G Roth,James A Carlson,Janet Lynn Roth,Janice Dege,George Rowenhorst,Lisa Dillon,Thomas E Sarkissian,Sheryl Durand,Shirley Schneider,Myron Garcia,Rita Schumacher,Robert Gelbmann,Anne G Slinger,Donald Gelbmann,Paul M Smith,Leah Grundeen,Mary Thienes,Cynthia Hansen,Nancy N Thienes,James Hansen,Susan J VanDemmeltraadt,Gloria Haugen,Suzanne Wacker,Bill Hels,Shannon G D Wacker,Sallyann Hermanson,Christine L Wagner,Linda Hermanson,Tom R Wagoner,Violet Hirsch,Wil Walsh,Barbara Hopkins,Stephen L Weeks,Bruce Kiesling,Barb Williams,Marjorie K Kiner,Mardell Krueger,Jan Loos,Wendy Lumby,Sharon McGrath,Joe McGrath,Paula Mehsikomer,Joyce Meister,Karen Meyer,Donald Meyer,JoAnne Miller,Steven Andrew Moris,Judith Mullaley-VanZandt,Maureen Nelson,Herb Nicholls,Jeffery Nicholls,Mike O'Donnell,Patricia Ogren,James Oldendorf,Yvette Olfeit,John C Olfeit,Paul H Olinger,Jean //"p"pp TI 11-7 C;f FY OF����ppgq gq/�gp ,[ ]A, E E J l V ® 7�(� q 7� qg COMMUNICATION am\ �/p� 7� ®T p MAYOR AND COUNCIL OMMUNIC1 �i ION DATE: June 19, 2012 CONSENT ITEM #: 5 MOTION Consent Agenda AGENDA ITEM: Approve Removal of Assessments from 2012 File with Washington County SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Dean Zuleger, City Administrator REVIEWED BY: Sandie Thone, City Clerk SUMMARY AND ACTION REQUESTED: As part of the Consent Agenda, City Council is respectfully requested to consider approval to remove the parcels on the attached summary from the 2012 assessment roll with Washington County. BACKGROUND INFORMATION: Residents have the option to either pay the City directly or to pay the County through their tax roll for street assessments. Both of these accounts have been paid directly to the City. Since these payments were made after the street assessments were reported to the County, an abatement form needs to be filed with the County in order to update their file and remove these parcels from the on-going tax roll. Two of the parcels were sold and the assessments were collected as part of the closing process on the parcels. These assessments have been paid in frill. The other was a case where the resident had some unresolved water billing issues and those need to be addressed by the Finance Department. The outstanding balance should never have been assessed but the current staff was only recently made aware of those issues by the resident. RECOMMENDATION: Based on the fact that two of the assessments have been paid in full, and the other never should have been assessed, it is recommended that the City Council approve Resolution 2012-33 so that an abatement of the assessment can be filed with Washington County. ATTACHMENTS: 1. Summary of parcels to be removed from 2012 Assessment file 2. Abatement forms to be filed with Washington County 3. Resolution 2012-33 City of Lake Elmo Parcels to be removed from 2012 Assessment File Updates as of 6.19.2012 Year Address PID Type Amount Assessed Vacant Land 24.029.21.11.0022 Water Main 8,284.00 2009 2110 Legion Lane N 24.029.21.43.0016 Street 1,400.00 2011 8226 26th Street N 21.029,21.23.0014 Utilities 563.79 2012 10,247.79 WASI3INGTON COUNTY ASSESSMENT DIVISION APPLICATION FOR ABATEMENT-GENERAL FORM (M.S.)375.192 CLASSIFICATION/DISASTER CREDIT/SPECIAL ASSESSMENTS Worksheet tl: Assessment Year: 2009 Payable Year: 2012 APPLICANT O�N nei's (please print or type) Soc.Sec./Fed ID P?one Cell Lake Ei'mo Bank 1 Owner's Name Soc.Sec./Fed ID Phone Cell owners Name Soc.Sec./Fed ID Phone Cell Owner's Mailing Address Property Address(if different from mailing address) _ - 11465 39th St N City State Zip City State Zip Lake Elmo 1 MN 55042 DESCRIPTION OF PROPERTY Property ID plumber MP Number 24.029.21,11.0022 Legal Description i,f property City or Township School District# TAG Lot 1 Heritage Farr, that part of outlot 1 heritage farm Lake Elmo � 622 ASSESSOR'S ESTIMATED MARKET VALUE Original: Land F M V irnprovement EMV Total Classification Revised: Land FMV �� Improvement EMV Total Classification f I Applicant's Statement of Facts: Applicant's Request- Please abate the 2009 Lateral Water Main Assessment in the amount of$8,284.00. This amount was paid direct to The Cif on June 14,2012. __1.11.-.......................................................................................... _.._...._... ._..__._._.._.__................... - __._.__... _'........_._._....._....__....._.............._._.......I............... Applicant's Signature: � " ��—� Date: 0 Note: Minnesota Statute's 1988,Section 609.41,"Whoever, in making any statement,oral or written,which is required or authorized by law to be made as a basis of imposing,reducing,or abating any tax or assessment,intentionally makes any statement as to any material matter which the maker of the statement knows is false may be sentenced,unless otherwise provided by law, to imprisonment for not more than one year or to payment of a fine of not more than$3,000.00 or both. Nate: Must include City/Township Resolution for reductions on assessments Note: Must include Fire report for Local Option Disaster Credit OFFICE USE ONLY Market Value Tax and Other Special Class �— Land Improvement Total Tax Ca tacl Other Credits Asmts Total Payable LNTC , I Line l� Line 2 _ _...—... _.......... FD Line 3 STATE Line 4 RMV Line 5 PWR LN CR Total _� -- AG CR — _RMST CR TOTAL Market Value Tax and Other Special Glass Laced rovement Total Tax Ca ci Other Credits Asmts Total Pa able Proposed LNTC Line 1 TIF Line 2 FD ; --- _ —— T— Line 3 STATE Line 4 f RMV ; Line 5 P'WR LN CR ; Total — f AG CR HMST CR TOTAL TOTAL REDIJC 101�: REPORT OIL INVESTIGATION ❑ Tax is paid as of: Local Tax Rate. —� ❑ Tax NOT paid as of: RMV Rate: — After examining the applicant's claims,i have carefully investigated this application and find the facts to be,as follows: Investigator's Signature Date CERTIFICATE OF APPROVAL—COUNTY ASSESSOR Note:(under$10,000)For this abatement to be approved,the Assessor and Director of Property Records and Taxpayer Services must both favorably recommend its adoption. ASSESSOR'S RECOMMENDATION (County Assessor or City Assessor) CRITERIA: Approved 1 Denied Assessor's Signature Date DIRECTOR'S RECOMMENDATION _ _ Approved Denied II Director's Signature — _— — ��� Date ❑ ❑ COUNTY BOARD OF COMMISSIONER'S—COUNTY AUDITOR Note:For abatements resulting in a change of$10,000 and above including tax,penalty and interest.For this abatement to be approved,the assessor,Director of Property Records and'Taxpayer Services,and the County Board of Commissioners must all favorably recommend its adoption. Approved Denied Auditor's Signature Date ❑ ❑ I certify that at a meeting held(month,day) (year) the County Board of Commissioners took the above action on this abatement. This action was duly adopted and entered upon the minutes of its proceedings as a public record,showing the names of taxpayers,other concerned persons and the amounts involved. 2 Rev S/10 WASHINGTON COUNTY ASSESSMENT DIVISION APPLICATION FOR ABATEMENT-GENERAL FORM fM.S.)375.192 CLASSIFICATION DISASTER CREDIT/SPECIAL ASSESSMENTS Work-sheet#: Assessment Year: 2011 Payable Year: 2012 APPLICANT 0%\jicr's Name (please print or type) Soc.See./Fed ID Phone Cell Catherine Ann Foster Owner's Name I Soc.Sec./Fed ID Phone Cell Owner's Name Soc.See./Fed ID Phone Cell Owner's Mailing Address Property�Address(if different from mailing address) 2110 Legion Ln N City State Zip City State Zip Lake Dmo 55042 DESCRIPTION OF PROPERTY Property ID Number MP Number 24,029.21,43,0016 Legal Description of Property City or Township School District# TAG Eden Park Lot 1 Block 3 Lake Elmo 622 ASSESSOR'S FSTIMATED MARKET VALUE Original: Land EMV lrnprovernenf i MV Total Classification Revised: Classification Land HMV Improvement EMV Total Applicant's Statement of Facts: ........................................... ....................................................... ............................... ------------------------------------------------------------------------------------------------------------------------------------------- ---------------------------------------------------------..........................I..................—1................................................—......... ----------------------------..........-------------................................................------------------------------------------------------------------------------------------------------------I..-.,.,,.............................I---------------------------------------------------------------------- Applicant's Request: Please abate the 2011 Street Assessment in the amount of$1,400.00. This amount was paid direct to the City on June 4,2012, ................................................................................... .................. ........ ............................................................ ........--................................................ --------------------------------------------------------------I-----------------------------------------------------------------------.... I................I I --------------- .......-.....................................-—.,............... Signature: Date: Note: Minnesota Statute's 1988,Section 609.41,"Whoever,in making any statement,oral or written,which is required or authorized by law to be made as a basis of imposing,reducing,or abating any tax or assessment,intentionally makes any statement as to any material matter which the maker of the statement knows is false may be sentenced,unless otherwise provided by law,to imprisonment for not more than one year or to payment of a fine of not more than$3,000.00 or both. Note: Must include City/Township Resolution for reductions on assessments Note. Must include Fire EMort for Local Option Disaster Credit 1. Rev 5/10 OFFICE USE ONLY Market Value -- Tax and Other Special i :'lass x Capacity Other Credits AsmtsLand Improvement Total Total Pavable Ori ig nal ! LNTC Line I TIF Line 2 I FD Line 3 STATE _. Line 4 I RMV — Line 5 _ PWR LN CR _ i Total AG CR i IIMST CR TOTAL I Q Market Value — I - Tax and Other Special Class Land m rovement Total Tax Capacity Other Credits Asmts Total Payable Proposed LNTC l Line I TIF Line 2 I FD Line 3 STATE Line 4 RMV Line 5 PWR LN CR Total AG CR IIMST CR TOTAL TOTAL REDUCTION: REPORT OF INVESTIGATION ❑ Tax is paid as of: Local Tax Rate: ❑ Tax NOT paid as of: WV Rate: Afterexaminin the applicant's claims,I have carefully investip� ed this application and find the facts to be as follows ---------___._.__.___._,_,____._._.__.___._.___.____.._.._...._.._.__._....__._.______.___...... Investigator's Signature Date. I� CERTIFICATE OF APPROVAL—COUNTY ASSESSOR Note:(under$10,000)For this abatement to be approved,the Assessor and Director of Property Records and Taxpayer°Services must both favorably recommend its adoption. ASSESSOR'S RECOMMENDATION (County Assessor or City Assessor) CRITERIA: Approved j Denied Assessor's Signature Date DIRECTOR'S RECOMMENDATION Approved Denied Director's Signature Date ❑ Ci COUNT'BOARD OF COMMISSIONER'S—COUNTY AUDITOR Note:For abatements resulting in a change of$IQ 000 and above including tax,penalty and interest.For this abatement to be approved,the Assessor,Director of Property Records and Taxpaver Services,and the Countv Board of Commissioners must all favorably recommend its adoption. Approved Denied Auditor's Signature Date I certify that at a meeting held(month,day) (year) the County Board of Commissioners took the above action on this abatement. This action was duly adopted and entered upon the minutes of its proceedings as a public record,showing the names of taxpayers,other concerned persons and the amounts involved. Rev S/10 WASHINGTON COUNT'ASSESSMENT DIVISION i APPLICATION FOR ABATEMENT- GENERAL,FORM (M.S.)375 192 CLASSIFICATION/DISASTER CREDIT/SPECIAL ASSESSMENTS 'orkshect#: Assessment Year: 2012 t x Pavable Year: 2012 APPLICANT Owner' Name {please print or type) Soc. Sec./Fed ID Phone Cell Marcia&Philip Liniewicz Owner's Tame � Soc.Sec./Fed ID Phone } Cell Owner's?dame Soc. Sec./Fed ID Phone CcP Owner's Mailing Address Property Address(if different from mailing address) 5226 26t"St.N State Zip City State "Lip '— Lake Elmo MN 56042 DESCRIPTION OF PROPERT17 Property ID Number MP Number 21.029.21.23.0014 Legal Description of Property City or Township School District# TAG Lake Elmo Heights 3rd Add Lot 5 Block 4 Lake Elmo 622 �1rt � �• l ASSESSOR'S E,S`l'IMA I'E,D?MARKET VALUE Original: Land EMV Improvement EMV i oral Classification Revised: Land EMV Improvement EMV oral Classification Applicant's Statement of Facts: Applicant's Request: Hunt of$563.79. This amount was assessed in error. Please abate the 2012 iJtilit} Assessment in the.ar ........_.................._..__..___.____._____.__._.____....._._._.__......_._.__._._....._.__._........._.............._......_...._..__...__..._._._.___,_._._.___.___.______.__.__.___._.__._._____.._..._...... t _ .........__._._._.___________-------..__......._...------------------------------------------------------ ..._..__..___._._._._________..._.._...._............. _.......... .... ._........ ...... _............._.__..._._.__._._.__...._._,...__.---------- ..._._._..._._.__......_.._._._.._.__...._....__...... ....... Applicant's Signature: Date: _ Note: :Minnesota Statute's 1988,Section 609AI,"Whoever,in making any statement,oral or written,which is required or authorized by law to be made as a basis of imposing,reducing,or abating any tax or assessment,intentionally makes any statement as to any material matter-,khich the maker of the statement knows is false may be sentenced,unless otherwise provided by law,to imprisonment for not more than one year or to payment of a fine of not more than$3,000.00 or both. Note: Must include City/Township Resolution for reductions on assessments Dote: Must include.Fire r22ort for Local Option Disaster Credit 1 Rev 5/10 OFFICE USE ONLY Market Value Tax and Other Special Class Land Improvement Total Tax Capacity Other Credits Asmts Total—P-Vable Ori final LNTC Line I TIF Line 2 1 FD Line 3 STATE Line 4 RMV Line 5 PWR LN CR Total AG CR RKST CR TOTAL Market Value Tax and Other Special Class Land Improvement Total Tax acit. ( Other Credits Asmts Total e Payabl ....................... sed LNTC Line I TIF Line 2 FD Line 3 STATE Line 4 RMV Line 5 PWRLNCRI Total AG CR HMST CR TOTAL TOTAL REDUM-ON1. 7. REPORT OF INVESTIGATION 0 Tax is paid as of Local Tax Raw El Tax NOT paid as of RMV Rate: x after A e the applicant' have s claims,I ve carefully inv!�F(ip ............................. ------------ fnd the facts to be as follows: ................................. ................—.11,................. ................... ........................................................................................................... ................1. ...............------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------- .....................------------------------------------------------------------- ................................................... ...................................................................--------------------....................................................................... ........... Investigator's Signature. Date CERTIFICATE OF APPROVAL—COUNTY ASSESSOR Note.-(under$10,000)For this abatement to he approved,the Assessor and Director ofPropero)Records and Taxpayer Services must both favorably recommend it,s adoption. ASSESSOR'S RECOMMENDATION (County Assessor or City Assessor) CRITERIA: Approved Denied Assessor's Signature Date — D F1 I DIRECTOR'S RECOMMENDATION Approved Denied Director's Signature Date El COUNTY BOARD OF COMMISSIONER'S—COUNTY AUDITOR Noce. For abatements resulting in a change of$10,000 and above including tax,penalty and interest.For this abatement to be approved,Me Assessor,Director of property, Records and Taxpayer Services,and the County Board of Commissioners must.all favorably recommend its adoption. Approved Denied I Denied Auditor's Signature Date El E) I certify that at a meeting held(month,day) (year) the County Board of Commissioners took the above action on this abatement. This action was duly adopted and entered upon the minutes of its proceedings as a public record,showing the names of taxpayers,other concerned persons and the amounts involved, 2 Rev 5/10 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION NO. 2012-33 A RESOLL.T ION RELATED TO 2012 ASSESSMENTS TO WASHINGTON COUNTY BE IT RESOLVED, by the City Council of the City of Lake Elmo, Minnesota, the attached list of 3 parcels may be removed from the 2012 assessment roll due per the attached Washington County abatement forms. APPROVED by the Lake Elmo City Council on this 19"' day of June, 2012. By: Dean A. Johnston Mayor ATTEST: Sandie Thone City Clerk w:.:,...:.. = THE CITY OF -_ �A K E ELMO MAYOR AND COUNCIL COMMUNICATION DATE: 06/19/2012 REGULAR ITEM #: b MOTION: Resolution 2012-031 AGENDA ITEM: Street Name Change—Julep Avenue North (Entrance into Tapestry at Charlotte's Grove) SUBMITTED BY: Kyle Klatt,Planning Director THROUGH. Dean A. Zuleger, City Administrator REVIEWED BY: Nick Johnson, City Planner SUMMARY AND ACTION REQUESTED: The City Council is being asked to consider a request from three property owners that access Julep Avenue North from a private driveway to rename the segment of this road between 45`h Street North and. Tapestry Road. All of the petitioners presently have a 45`h Street address because the driveway used to extend all the way to 451h Street before it was realigned as part of the Tapestry at Charlotte's Grove development. The specific request is to rename this segment "45`' Street North", which will then act as a logical east/west extension of 45* Street North into the Tapestry Subdivision. The recommended motion to act on this is as follows: "Move to adopt Resolution No. 2012-031 approving a request to change the name of a portion of Julep Avenue North to 45�h Street North" BACKGROUND INFORMATION: When the Tapestry development was platted, the developer was required to create a new public access road to serve the project area. This new road was located approximately in the same location as an existing private driveway serving three homes, but was realigned to provide a safer connection at the confluence between Julep Avenue North and 45fh Street North. The private driveway, which continues to serve the petitioners properties; was therefore cut off from the old roadway and now connects to the Tapestry entrance road. For reasons that are unclear in the City's files, the entrance road was named Julep Avenue North while none of the property owners that accessed this new road were required to change their addresses. At present, the three petitioners' homes all access directly to Julep Avenue North,but have 451h Street Addresses. The current situation as described in the preceding paragraph is not acceptable from a public policy standpoint, and in seeking a solution to this problem, the three affected homes have asked to rename the street unto which their driveway accesses to 45`h Street North. The specific portion Julep Avenue North to be renamed is described in an attachment to this report. This course of action appears to be the least disruptive for all parties than any other solution, which would either require existing addresses to be changed or the existing driveway to be relocated. Because the proposed action would rename the entrance road into the Tapestry Subdivision, all property owners within Tapestry were sent notice of the upcoming meeting and decision by the City Council. No property owners within Tapestry would be directly impacted by the proposed change by having to change their current addresses. RECOMMENDATION. Based upon the above background information and findings documented in the attached Resolution No. 2012-031, it is recommended that the City Council approve the request for a street name change by undertaking the following action: "Move to adopt Resolution No. 2012-031 approving a request to change the name of a portion of Julep Avenue North to 45`h Street North" ATTACHMENTS: 1. Resolution No. 2012-031 2. Map of Street Segment to be Renamed 3. Letter Requesting Street Naive Change 4. Overview Map of Tapestry at Charlotte's Grove 5. Construction Plans for Julep Avenue North SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Presentation.............................................................................Planning Director - Questions from Council to Staff..............................I..............Mayor Facilitates - Public Input, If Appropriate....................................................Mayor Facilitates - Call for Motion...............................................................Mayor& City Council - Discussion.......................................................................Mayor&City Council - Action on Motion.................................................................... Mayor Facilitates STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF LAKE ELMO RESOLUTION NO. 2012-031 A RESOLUTION CHANGING THE NAME OF A PORTION OF JULEP A VENUE NORTH BETWEEN THE 45TH STREET NORTH RIGHT-OF-WAY AND TAPESTRY ROAD THE CITY COUNCIL OF THE CITY OF LAKE ELMO,MINNESOTA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, the City of Lake Elmo has received a request from Jim and Judith Blackford, 9765 45th Street North; Don and Judy Morris, 9759 45th Street North; and Ryan and Amy Miller, 9757 45th Street North (Petitioners)to change the name of a portion of Julep Avenue North between the 45th Street North right-of-way and its intersection with Tapestry Road in the Tapestry at Charlotte's Grove subdivision to 45th Street North as documented in the attached Exhibit"A";and WHEREAS, the City Council approved the Final Plat for Tapestry at Charlotte's Grove at its December 7, 2012 meeting; and WHEREAS,the Final Plat provided for an access road into the development that reconfigured the existing intersection of Julep Road North and 45th Street and that named this new access road Julep Avenue North to continue an existing street name into the subdivision, and WHEREAS, three existing homes (Petitioners) along the new portion of Julep Avenue North all currently share a private driveway that provides access to Julep Avenue North; and WHEREAS, the Petitioners homes retained their existing 45th Street North addresses, even thought their driveway no longer connects to 45`h Street North, and WHEREAS,the Petitioners have requested to change the name of Julep Avenue North to 45'h Street North in order to correct the discrepancy between their addresses and the street on which their driveway is located; and WHEREAS,the street name change will not affect any existing or future homes or cause any existing addresses to be reassigned; and WHEREAS,the City Planner reviewed and examined the signatures on said request and determined that such signatures constituted all landowners that use the afore mentioned driveway for access; and WHEREAS,the City of Lake Elmo provided written notice to all property owners within the Tapestry at Charlotte's Grove Subdivision informing them that the City Council would be considering the street renaming request at its June 19, 2012 meeting, and all interested and affected persons were given an opportunity to voice their concerns and be heard; and WHEREAS, the Council in its discretion has determined that the street name change will benefit the public interest because: 1) The entrance road to Tapestry at Charlotte's Grove is more closely follows an east/west alignment than north/south alignment and represents a logical extension of 45fl'Street North. 2) All property owners with access to the street to be renamed have petitioned for the change. 3) The change will allow the Petitioners existing addresses to snatch the street name onto which their driveway accesses and will not require any further readdressing of existing lots or houses. NONN' THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LA KE ELMO, COUNTY OF WASHINGTON MINNESOTA, that the Petitioners request for a change in street name is hereby approved. BE IT FURTHER RESOLVED,that the Mayor and City Administrator are hereby authorized to sign all documents necessary to effectuate the intent of this resolution. ADOPTED BY THE CITY COUNCIL OF THE CITY OF LADE ELMO THIS NINTEENTH DAY OF DUNE 2012. By: Dean A. Johnston Mayor ATTEST: Sandie Thone City Clerk .v TAPESTRY A—R. OP El17-51114 Ci Wc 40.IWP.?4,Rix 7+ I • r 4V3 26 2166 f As"N?Poe--l; OUTLOT B J*1 Apt j 33 S U. 7-p 1 OUROT C Segment to be renamied 45th St. N. OUTLOT W— IM, < W OUTLOT ..4 v '--M cm LOT t Med A6P M4 -W.09 fiW6 AW41011 J, =Ulllwall q231 Z in N89*33'34 E 1 to kn co A V32 384.12 '4;f T 367.12t — .-b x car.fort Mae&APPI04.." j p1 6-15"CA cV OUTLOT -.1' X07 6 p 0 MW(/2 MCA cz:, sm PA Kww *\t") 1 9 A fts 4737. warnwl MATCH LINE D 73" SEE SHEET 6 OF 6 SHEETS ""XW53' May 4,2012 arl Horning Building Department City of Lake Elmo 3800 Laverne Avenue North Lane Elmo, MN 55042 RE: Lake Elmo Street Renaming Request Change from Julep Ave. N. to 45"St. N. Dear4rl: You asked us to put our request for a Lake Elmo street name change in writing,therefore the three families impacted by this change are sending you this letter. We are inaking this request because the road reconstruction done many years ago of 45a'Street North, Julep Avenue North and 4?`b Street North left our three mailboxes on a stub road that Delmar and Joan Eder now consider to be their personal driveway. Delmar and Joan have asked us many times to move our mailboxes to the road coming into the Tapestry housing development and we are agreeable to move our mailboxes. However,the road coating into the Tapestry development was named Julep Avenue North when the development was constructed and so the U.S. Post Office will not let us move our mailboxes to this road unless we all change our addresses from 45th Street North to Julep Avenue North. We do not want to change our home addresses after living at the same location in Lake Elmo for so many years. Therefore,we are asking the City of Lake Elmo to rename this short stretch of mad (less than '/ mile long) and change it from Julep Avenue North to 45`}' Street North. No homes or city lots are impacted by this street name change and it makes much more sense to have this small stretch of road. called 45"' Street North since this short stretch of road goes mostly east-west like the- remainder of 45"'Street North. A copy of a Google map of the street area we are talking about is attached which shows the current location of our mailboxes. It also shows the new proposed location for our three mailboxes and the specific section of Julep Avenue North we want renamed 45 h Street North. In addition we want to build a 30 inch wide and 25 foot long concrete flat curb extension on the edge of the road where the mail boxes will be so we can get our mailboxes further off the road so they are not in the way in the winter when the street is plowed full width.. Getting the three mailboxes off the road is very important because Street Renaming Request Letter 5W12 this is a busy road and we get a lot of glowing snow from the farm fields to the north and west in.the winter and it is important we don't narrow the road down at the spot where our mailboxes will be located. We made this same request at a.Lake Elmo City Council Meeting in 2009 and no-one got back to us from the City regarding our proposal. The City Council discussion appeared favorable with regard to making this change happen since no City residents will have to change their address in order to rename this short stretch of road. Also,it will not be very costly change, only one street sign would have to be changed in the Tapestry housing development and that is it. Therefore,we respectfully request that the Cite of Lake Elmo move forward with renaming this short stretch of road going into the Tapestry housing Development from Julep Avenue North to 45`h Street North. Sincerely, 3. 9765 4:yth North orth Sirn Blackford / Judith Black r� ,_ flll...E z ,4� 9759 45tt' Street North Don/YAoris 1 Juify Moris ] 9757 45"Street:north f; ?Ryan Miller '._ Amy Miller f` t Page 2 of 2 Map of 45th Street North and Julep Ave North in lake Elmo, mn - Google Maps Page 1 of 1 le Address Julep Ave N&4M St N Lake Elmo, Mid 55042 Get Google Maps on your phone Text it7ew.erd"'GPIrAPS"ta4b6+}53 i j _ t i ` A.e` 1. _ •o i :. . : v t w � _ .a 3'2 E3gpglt�y 'N '9AV ObM" T f41 Y LAY - ✓ �........___ L6 g O Z LL USx W$, O i2s Ol AV 'DgS SJ.b 3� O� i •-� ��� 4 �nQO 3 k Z ry N �NO � Ui {., W .._` E) t N lAb ar•ur �z ® D — I 4e Rb& i A�' ,gib' faXON ---,i rn ( I a 1 HaiU. Ln v e•.• t f �.�3 \ l j�. i n 1 1 . �• i. !- I! . . oo "� t r co 3�1 ll� . \ .y ui Tl'- t= co 7 I \ /rev GF W I -, nt c S� =Ln�k1� N' V) Ivti V/1A5-L/IM�V 3M7'M a f ^�ii�ti ai>.•ra8 i`' .a? -88"(091- �_ j --- i wi '`--Ja'.7Pm''bt'dA1 'oi 'Oa5 . 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This request has been made primarily to accommodate the City's identification of the applicant's property as a suitable location for a future City well. As part of its negotiations concerning the acquisition of property from the applicant, the City agreed to prepare the survey work necessary for the applicant to create a second building site on her property. With recent ordinance changes to accommodate a situation such as this, the applicant's request for a minor subdivision does comply with the City's zoning and subdivision regulations. Please note that the City has been negotiating with the property owner to acquire an additional 0.4 acres (roughly 80 more feet to the east of the 1-acre parcel), and is still working to complete all paperwork necessary to move forward with this additional purchase. Staff will be providing an updated certificate of survey at the Council meeting to reflect this change, all other aspects of the subdivision will remain as depicted on the attached certificate of surveys. The recommended motion to act on this on this request is as follows: "Move to approve a Minor Subdivision to split an existing 19.72 acre parcel into three separate lots, one of which would be used for public purposes" FISCAL IMPACT: The proposed Minor Subdivision would facilitate the purchase of a future well site,which was authorized as part of a previous decision by the Council. BACKGROUND INFORMATION: The applicant's property is located along 50th Street and is surrounding by either large lot residential development or agricultural activities. Tana Ridge is the closest open space development, about a quarter mile from the applicant's property. At present, there is one home on the site along with two outbuildings and detached accessory garage. There is little information in the property address file other than miscellaneous building and septic permits. The house was built prior to 1979, which is the earliest record available for the property. A sizable amount of the site is covered with wooded vegetation, which is reflected as a tree line on the attached surveys. As part of its ongoing planning for water services in the community, the City's water plans identify the area near the 50th Street/Lake Elmo Avenue intersection as the preferred location for a new City Well. After conducting an exhaustive search for suitable sites for a new well, the City Engineer identified the applicant's property as a potential location that fit the City's search criteria. One of the factors that led the City to this particular site was that it is large enough to split off the one acre needed for a well site and allow the remaining parcel to meet the minimum lot size requirements of the underlying RR—Rural Residential Zoning District. In order to address situations like this one, where the City needs to plan for the siting of public services, and to also help property owners preserve their property rights, the City has adopted an ordinance that allows for the acquisition of property for public services without impacting underlying zoning rights. Specifically, the City can acquire up to 10% of a lot without impacting the owner's ability to split this lot at some point in the future. For instance, the City can acquire 2 acres of a 20-acre parcel in a zoning district with a I 0-acre minimum lot size, and the property owner would still be able to split the resulting 18 acres into two separate lots. The applicant's property is zoned.RR—Rural Residential, which is subject to a minimum lot size requirement of 10 acres (which can be further reduced, as is the case in the current situation, due to road right-of-way and other survey variations). The overall property is 19.72 acres in size, and the City has agreed to acquire 1.4 acres from the applicant, which is the minimum needed to accommodate a public well and to provide proper vertical separate from flood plain boundaries. The applicant has further requested to split the remaining piece evenly at this point in time, in order to facilitate a transfer of the back portion of the property to a future buyer. The resulting parcels each will be 9.36 and 8.96acres in size, which is consistent with the public property allowance described above. PLANNING COMMISSION REPORT: The Planning Commission reviewed the proposed Minor Subdivision at its March 26, 2012 meeting. The Commission recommended approval of the Minor Subdivision with conditions of approval, but also offered other recommendations separate from the Minor Subdivision that: 1) that the new pump house to be built be designed in a manner to reflect the rural character of the surrounding land, and 2) that the City Council consider completing the trail segment along 50th Street that currently ends to the east of the applicant's parcel. As part of its review, the Commission also expressed concern with the ability to create a driveway between the southern boundary of Parcel "Y" and the wetlands on this property. RECOMMENDATION: The Planning Commission recommends approval of the applicant's request to subdivide an existing 19.72 acre parcel at 11240 50th Street North into three separate parcels, one of which (the exception parcel) will be acquired by the City of Lake Elmo for a future well,provided the following conditions are met: 1. The City shall receive payment to satisfy the required fee in lieu of parkland dedication (currently $3,600 per lot)prior to the issuance of a building permit for"Parcel Y". 2. Any easements as required by the Valley Branch Watershed district shall be documented on the survey forth submitted with a building permit prior to the issuance of a building permit for"Parcel Y". 3. Any easements necessary to provide services to "Parcel Y" shall be secured and shown on the survey form submitted with a building pen-nit prior to the issuance of a building permit for"Parcel Y". ATTACHMENTS: 1. Application Form 2. Certificate of Surveys: a. Entire Lot with City Property b. City of Lake Elmo Parcel(with topographic information) c. Proposed Lot Split(Parcel X and Parcel Y) 3. Aerial Photograph 4. Revised Surveys (to be submitted at meeting) SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Presentation.............................................................................Planning Director - Questions from Council to Staff............................................. Mayor Facilitates - Public Input, If Appropriate.................................................... Mayor Facilitates - Call for Motion...............................................................Mayor&City Council - Discussion.......................................................................Mayor&City Council - Action on Motion....................................................................Mayor Facilitates Fee City of Lake Elmo DEVELOPMENT APPLICATION FORM 7 Comprehensive Plan Amendment ❑ Variance'(See below) 0 Residential Subdivision � Preliminat�N;'�ina)Plat { if Zoning District Amendment Minor Subdivision 4 01— 1.0 Lots ED Text Amendment ❑Lot Line Adjustment O 11 —20 Lots O 21 Lots or More ❑Flood Plain G.U.P. Residential.Subdivision Excavating&Grading Permit Conditional Use Permit Sketch/Conc-ept Plan [�Appeal �r— Pl.lI3 ❑Conditional Use Permit(C.U.P.) ( Site&13uil.din_Plan Review APPLICANT: E LALE Rgi_ aN OH (Name) (Malting Address} (2lp) TELEPHONES: [_- 3 .b3 _ �`3. .'� 5 (Home) (Work) (Mobile) (Fax) FEE OWNER:. t st--�AA-4 112.S0 Rom_ _, LAK, lia Ly:o ILW � . (Name) (Mailing Address) (Zip) TELEPHONES: __._._r_____-- (Home) (Work) — (Mobile) (Fex) PROPERTY LOCATION (Address and Complete(Long)Legal Description): SZVZEE!` � 5ds 2T S t>UTI(t 1 S`� i 3A It z I �- � U E='t'kg rz,L5gc--n t, "tom-uki�ftLt° 2 t t X_�� �l a tvtAL DETAILED REASON FOR REQUEST:,1(Vt.M1.4M Ca0 0#4f jL. TKt 5At4-_' * 1A:t3n)\t VPA1- 5o(i?fty La3i _,x1Q. K O t a as pr t' tS�,A�cc� *VARIANCE REQUESTS: As outlined in Section 301,060 C.of the Lake Etmo Mtsnieipat Code,the Applicant)trust. demonstrate a hardship before a variance can be granted. Ttie hardship related to this app)icatioia is as follows: In signing this application, I hereby acknowledge that l have read and fully understand lbe applicable provisions of the "Zoning.and.Subdivision Ordinances and.current administrative procedures. 1 i2rtller_acicnowledge the fee explanalion as outlined in the a>3nlicatioq rocedures and hereby agree to pay all statements received from the City negaining to additional application expen$e, Sign u e of Applicant Date Signature of Appilcarit Date 1 R212004 Cite of,i.akeEhno•300 t.ayerne Awnueyortb•Lake Elmo•55042•651•777-5$10•Fax 051-777.9b l.5 CERTIFICATE OF SURVEY CReHIC SCAU FOR LOT SPLIT - ftr,DN-for- City of Lake Elmo -via- Focus Engineering tl'BDw• a.53.61 MwD"' rr'9r. LEGENn W 0£NO-f'S IRON MONWEnl=0JNO A5 LABELED OENDTES IRON 40NW1£NT{T,NARI(N RI„4y 2fi3AI DENOTES WAS,RNCTON CWMV CASI IROW MOWWW, MNOI£5 CATCH BASIN 1i ® DENOIFS STERN<i.nER 4<NNOLF. 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F• _. I. r kv i e IAA rl ....,a [x.nr.' i• r -9 b -• 2UR79 I I / _....._ —............... I I [ I I z r. Z -ti N � f CCD) ..,..i. . f ' I� 5 ISf f3 17 'f '�wi LO l„ <N l ykk^. j 5 I f 4f, r h \r -WOW , �r �i��115 °1Pj�k"' �r,�~=v.: �,� `•!F k�, .,�.yCr r t t�I{a� r.,.�:,4�<p�.. N�':Sr .; ,A7+l3+7`�fYP W TX -C TILL-: CITY OF ILAKE ELMO MAYOR.AND COUNCIL COMMUNICATION DATE: June 19, 2012 REGULAR ITEM#: 8 MOTION AGENDA ITEM: Approve Issuance and Sale of G.O. Improvement Bonds; Series 2012 A Crossover Refunding Bonds SUBMITTED BY. Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator Paul Donna,Northland Securities (Bond Counsel) SUMMARY AND ACTION REQUESTED: The City Council is respectfully requested to consider approving the issuance and sale of a General Obligation Improvement Bond, Series 2012A for$4,090,000 to restructure the debt service bond 2005A. BACKGROUND INFORMATION: As a result of current market conditions and the low interest rates, The City Council is being asked to consider the debt restructuring as outlined in the attached Finance Plan Summary from Northland Securities. Projected cost savings are projected to be approximately$345k over the life of the bond. As the City Council is aware, staff has been closely watching the market rates to hit a level where it makes sense to refinance the existing debt service. The new bond interest rates are currently at an. average rate of 2.26% which would result in a total debt service cost savings of approximately$345k. RECOMMENDATION: It is recommended that the City Council approve Resolution 2012-29 authorizing the issuance and sale of$4,090,000 General Obligation Improvement Bonds, Series 2012A. ATTACHMENTS: 1. Finance Plan Summary from Northland Securities 2. Resolution 2012-29 3. Certification for Resolution 2012-29 . .r .. z FINANCE PLAN SUMMARY ?j FOR CITY OF LAKEEL O, IINNESOTA $4 f090`000 GENERAL OBLIGATION WATER REVENUE CROSSOVER REFUNDING BONDS, SERIES 2012A NORTHLAN1) SECURITIES 45 South 70,Sheet Suite 2000 Minneapolis,MN 55402 612-851-5900 800-851-2920 June 19, 2012 City of Lake Elmo, Minnesota $4,090,000 General Obligation Water Revenue Crossover Refunding. Bands, Series FINANCE PLAN OVERVIEW This finance plan. provides for the public issuance of general obligation bonds through a. competitive bid process to advance refund certain maturities of the City's General Obligation Water Revenue Bonds, Series 2005A (the "Series 2005A Bonds") to lower the City's debt service costs. Based on current market information, the estimated net savings is $344,343 with a net present value of 272,613. The primary objectives of this finance plan include: • Maximize debt service cost savings - municipal interest rates are at historically low levels once again. Locking in low fixed rates in advance of the call date on the Series 2005A Bonds will reduce the City's future interest costs and help manage user rates and charges within the water enterprise fund. AUTHORITY&PURPOSE The Bonds will be issued pursuant to Minnesota Statutes 475 and 444. The proceeds will. be used to crossover refund on.December 1, 2015 the December 1, 2016 through December 1, 2030 maturities of the City's Series 2005A Bonds an pay the costs of issuing th.e Bonds. The estimated source and uses of funds are as follows: Refundin Sliniinary Dated 08/0112012] Delivered 08/16/2012 Sources Of Funds Par Amount of Bonds ,090,000.00 Accrued Interest from 08/01/2012 to 08/16/2012 3,502.60 Total Sources $4,093,602.60 Uses Of Funds Deposit to Crossover Escrow Fund 4,002,883.08 Costs of Issuance 49,700,00 Total Underwriter's Discount (1.000%) 40,900.00 Rounding Amount 19.52 Total Uses $4,093,502.60 Page 2 NORTHLAND _ sEciiRrrIFS METHOD OF REFUNDING We recommend utilizing a "crossover advance" refunding technique to achieve the refunding objective. A crossover advance refunding is required when one wishes to lock in current interest rates at least 90 days in advance of the call date on the old bonds. An advance refunding requires the proceeds of the new refunding bonds to be invested in government securities and held in escrow until the call date. The funds in the escrow are used to pay interest on the new refunding bonds until the cal:[ date and then prepay the principal of the old bonds. Savings occurs after the call date of the bonds being refunded. A complete and detailed refunding analysis illustrating the preli.xninary structure of the refunding .has been provided and.reviewed with City staff. SAVINGS ANALYSIS Tlae 2016 - 2030 maturities of the Series 2005A 'Bonds totaling $3,775,000 are currently outstanding at an average coupon of 4.27%. Given current market conditions,we estimate these maturities could be refunded with a new bond issue at an average interest rate of 2.26%. This interest rate spread, together with interest earnings on the new bond proceeds urvtil the call date, would result in a total debt service cost savings of approximately $344,343 with a. present value of $272,613. The savings is net of all costs and would be realized. through the original term of the 2005A Bonds. The debt service comparison showing the scheduled debt service versus the new estimated combined debt service is illustrated below. The estimated combined debt service for the new Series 2012A Bonds is shown as Exhibit A. Page 3 NORTHLAND MMSLCURITIES Debt Service Comparison Date Total P+l PCF Existing D/S Net New D/S Old Net D/Sf Savings 12/01/2012 - - 87,512.50 87,492.98 87,512.50 19.52 12/01/2013 112,083,33 (112,083.33) 300,025.00 300,025.00 300,025.00 - 12/01/2014 84,062.50 (84,062.50) 320,650.00 320,650,00 320,650.00 - 12/01/2015 84,062.50 (3,859,062.50) 4,090,250.00 315,250,00 315,250.00 - 12/01/2016 284,062.50 - - 284,062.50 309,700.00 25,637.50 12/01/2017 282,462.50 - - 282,462.50 303,925.00 21,462.50 12/01/2018 300,462.50 - - 300,462.50 323,150,00 22,687.50 12/01/2019 292,822.50 - - 292,822,50 316,150.00 23,327.50 12/01/2020 284,812.50 - - 284,812.50 309,150.00 24,337,50 12/01/2021 276,452.50 - - 276,452.50 301,931.26 25,478.76 12/01/2022 347,865.00 - - 347,865.00 369,712.50 21,847.50 12/01/2023 362,545.00 - - 362,545.00 384,087.50 21,542.50 12f01/2024 351,395.00 - 351,395.00 372,400.00 21,005.00 12/01/2025 365,052.50 - 365,052.50 385,712,50 20,660.00 12/01/2026 347,807.50 - 347,807.50 372,812.50 25,005.00 12/01/2027 360,487.50 - 360,487.50 384,912.50 24,425.00 12/01/2028 372,362.50 - - 372,362.50 395,937.50 23,575.00 12/01/2029 368,392.50 358,392.50 380,625.00 22,232.50 12/01/2030 344,212.50 344,212.50 365,312.50 21,100,00 Total $5,211,403.33 (4,055,208.33) $4,798,437.50 $6,954,612.98 $6,298,956.26 $344,343.28 PV Analysis Sum mary(Net to Net) Gross PV Deb;Service Savings..................... 272,594,35 Net PV Cashflow Savings @ 2.236%(Bond Yield)..... 272,594.35 Contingency or Rounding Amount.................... 19.52 Net Present Value Benefit $272,613.67 Net PV Benefit/$4,097,526.67 PV Refunded Debt Service 6,653% Page 4 NORTHLAND SECURITLES RELATED CONSIDERATIONS • Bank Qualified-because total tax-exempt debt issued by the City in calendar year 2012 is expected to be less than $10.0.M, the bonds will be designated as "bank qualified" obligations pursuant to Federal Tax Law. The impact of this designation.may result in. slightly lower interest rates. We have adjusted the estimated interest:crates accordingly. • Arbitrage Compliance— o Project / Refunding Fund -w All tax exempt issues are subject to federal rebate requirements which require all arbitrage earned to be rebated to the U.S. Treasury. Because the proceeds of the refunding bonds will be deposited into a. yield restricted escrow fund,arbitrage will not be generated. o Debt Service.Fund—The City must maintain.a bona fide debt service fund for the bonds or be subject to yield restriction in the debt service fund. A bona fide debt service fund involves an equal matching of revenues to debt service expense with a balance forward permitted equal to the greater of the investment earnings in the fund during that year or 1/12 of the debt service of that year. The City should become familiar with the various Arbitrage Compliance requirements for this bond issue. The Bond Resolution explains the requirements in greater detail.. We are also available to assist the City in meeting these requirements. • Continuing Disclosure - Because this issue is greater than $1,000,000, and. the City's outstanding debt exceeds $10.0M, it is subject to the Securities and Exchange Commission's continuing disclosure requirements. Northland Securities is prepared to assist the City in this capacity. Page 5 NORTH LAN 1) SECUR.iTIES SUMMARY OF RECOMMENDED TERMS L Type of Bond Sale Public Sale—Competitive Bids 2. Public Sale Date Tuesday,July 1.7,2012 C 1.0:30 A.M. 3. Council Consideration Tuesday, July 17,2012 @ 7:00 P.M 4. Repayment Term The Bonds will mature annually each December 1, 2016 - 2030. Interest on the Bonds will be payable on June 1, 201.3 and semiannually thereafter on each December 1 and June 1. 5. Security General Obligation of the City. In addition., the City will pledge net revenues of the water utility toward the payment on the Bonds 6. Prepayment Option. The Bonds maturing on or after December 1, 2022 will be subject to prepayment on December 1, 2021 at a price of par plus accrued interest. 7. Tax Status Dorsey&Whiney, LLP, Minneapolis, Minnesota S. Credit Enhancement We believe a credit rating will be cost beneficial. The City's general obligation debt is currently rated Aa2 by Mood.y's Investors Service. Page 6 NORTHLAND SECURITIES EXHIBIT A Debt Service Schedule Date Principal Coupon Interest Total P+I Fiscal Total 08/16/2012 0610112013 - - 70,052.08 70,052.08 - 1210112013 - - 42,031.25 42,031.25 112,083.33 06/01/2014 - 42,031.25 42,031.25 - 12/01/2014 - - 42,031.25 42,031,25 84,062,50 06/0112015 - - 42,031.25 42,031.25 - 12/01/2015 - - 42,031.25 42,031.25 84,062,50 06/01/2016 - - 42,031.25 42,031.25 - 12/01/2016 200,000,00 0.800% 42,031.25 242,031,25 284,062,50 06/01/2017 - - 41,231.25 41,231.25 - 12/01/2017 200,000,00 1.000% 41,231.25 241,231.25 282,462.50 06/01/2018 - 40,231.25 40,231.25 - 12/01/2018 220,000.00 1,200% 40,231.25 260,231.25 300,462.50 06/01/2019 - - 38,911.25 38,911.25 - 12101/2019 215,000,00 1.400% 38,911,25 253,911.25 292,822.50 06/01/2020 - - 37,406.25 37,40625 - 12/01/2020 210,000.00 1.600% 37,406,25 247,406.25 284,812.50 06101/2021 - - 35,726.25 35,726,25 - 12/0112021 205,000.00 1.750% 35,726.25 240.726.25 276,452.50 06/01/2022 - 33,932,50 33,932.50 - 12/0112022 280,000,00 1,900% 33,932.50 313,932.50 347,865,00 06/01/2023 - - 31,272.50 31,272.50 - 12/01/2023 300,000.00 2.050% 31,272.50 331,272.50 362,545.00 06/0112024 - - 28,197.50 28,197.50 - 12/01/2024 295,000.00 2.150% 28,197.50 323,197.50 351,395.00 06101/2025 - - 25,026.25 25,026.25 12101/2025 315,000.00 2.300% 25,026.25 340,026.25 365,052.50 06101/2026 - - 21,403.75 21,403.75 - 12/01/2026 305,000.00 2.400% 21,403.75 326,403.75 347,807.50 06/01/2027 - - 17,743.75 17,743.75 - 12/01/2027 325,000.00 2.500% 17,743.75 342,743.75 360,487.50 06/0112028 - - 13,681.25 13,681,25 - 12/0112028 345,000.00 2.600% 13,681.25 358,681.25 372,362,50 06/01/2029 - - 9,196.25 9,196.25 - 12/01/2029 340,000.00 2.700% 9,196.26 349,196.25 358,392.50 0610112030 - - 4,606.25 4,606.25 - 12/01/2030 335,000.00 2.750% 4,606.25 339,606.25 344,212.50 Total $4,090,000.00 - $1,121,403.33 $5,211,403.33 - Average Coupon 272630420% Net Interest Cost(NIC) 2.34558010/. True Interest Cost(TIC) 2.3307992% All Inclusive Cost(AIC) 2.4498551% Page 7 NO R'UH LAN l7 SECURVPIES CITY OF LADE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-29 A RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $41090,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012A BE IT RESOLVED by the City Council of the City of Lake Elmo (the"City") as follows: WHEREAS, It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 2012A,in the principal amount of $4,090,000 (the Bonds),pursuant to Minnesota Statutes, Chapters 429 and 475,to finance improvement projects in the City. WHEREAS,Northland Securities, Inc. is hereby authorized,pursuant to Minnesota Statutes, Section 475.60, Subdivision 2,paragraph(9),to solicit proposals for the Bonds on behalf of the City on a competitive basis without requirement of published notice. The City Council shall meet at the time and place shown in the Notice of Sale prepared for the Bonds for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Upon.vote being taken thereon,the following voted in favor thereof: and the following voted against the same: Whereupon the Resolution was declared duly passed and adopted on this nineteenth day of June, 2012. CITY OF LAKE ELMO CITY COUNCIL By: Dean A. Johnston Mayor ATTEST: Sandie Thone City Clerk Resolution 2012-28 1 CERTIFICATION I do hereby certify the minutes relating to general obligation improvement bonds, series 2012A Issuer: City of Lake Elmo, Minnesota and Governing Body: City Council; Kind, date, time and place of meeting: A regular meeting held on June 19, 2012, at 7:00 P.M. at the City Hall, Lake Elmo, Minnesota are the a copy of the exact official document in my office and the said resolution RESOLUTION 2012-29 approving the RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $4,090,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012A is the exact copy of the official resolution in my office. Members present: Mayor Johnston, Council Members Emmons, Smith, Pearson and Park. Members absent: Documents Attached: Minutes of said meeting, including: RESOLUTION 2012-29 approving the RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $4,090,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012A I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my Iegal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such. meeting given as required by law. WITNESS my hand officially as such recording officer on June nineteenth 2012. Sandie Thone, City Clerk {Seal} ..............:..:::.: THE CITY OF LA K E EL,M0 MAYOR AND COUNCIL COMMUNICATION DATE: June 19, 2012 REGULAR ITEM#: 9 MOTION AGENDA ITEM: Approve Issuance and Sale of G.O. Improvement Bonds; Series 201.2 B DeMontrevilIe Highlands Area Street Improvement Project SUBMITTED BY: Cathy Bendel, Finance Director THROUGH: Cathy Bendel, Finance Director REVIEWED BY: Dean Zuleger, City Administrator Paul Donna,Northland Securities(Bond Counsel) SUMMARY AND ACTION REOUESTED: The City Council is respectfully requested to consider approving the issuance and sale of a General Obligation Improvement Bond, Series 2012B for$865,000 to fund the DeMontreville Highlands Area Street Improvement Project, BACKGROUND INFORMATION: The DeMontreville Highlands Area Street Improvement Project has been approved by The City Council. The City Council is being asked to consider the Debt Service funding as outlined in the attached Finance Plan Summary from Northland Securities. The total project cost is anticipated to be $1,050,000. Due to stringent competitive bidding on the 2011 Street Improvement projects, excess funding of$185,000 is available to be used to minimize the funding level necessary for the current project. RECOMMENDATION: It is recommended that the City Council approve Resolution 2012-28 authorizing the issuance and sale of $865,000 General Obligation Improvement Bonds, Series 2012B, ATTACHMENTS: 1. Finance Plan Summary from Northland Securities 2. Resolution 2012-28 3. Certification for Resolution 2012-28 777777 FINANCE PLAN SUMMARY v 5 r FOR CITY OF LAKE EI..m®, INNES®TA $8G5,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012B N0R'fHLAND SECURI "I:" IES 45 South 711 Street Suite 2000 Minneapolis,MN 55402 612-851-5900 800-851-2920 June 19, 2012 City of make Elmo, Minnesota $865,000 General Obligation _ prove en €ends, Series 2 12 FINANCING OVERVIEW This Finance flan Summary describes the recommended terms and process for the issuance of the following bond.issue: • $865,000 General Obligation Improvement Bonds, Series 2012B PURPOSE Proceeds from the Bonds will be used to fund public infrastructure improvements related to DeMontreville Highlands Area Street Improvement Project. The total cost of the improvements is estimated by the City to be $1,000,000. We understand the City intends to contribute available funds of approximately $185,000 to reduce the financing requirement to $865,000. A detailed illustration of the expected sources and uses of funds is illustrated below. Sources & Uses Dated 08l0112012 I Delivered 08/01/2012 Sources Of Funds Par Amount of Bonds $865,000.00 _ ..__..__....._._.........�_........ _. _ _ �T�._._ � .._...._.._ ........._. Planned Issuer P nut contrilnn ion 185,000.00 Total Sources 51.,050,000.00 Uses Of Funds Total Underwriter's Discount (1.750%) 15,137.50 stsof'CoIssuance V 32,640M Deposo P it troject Construction lu�dmm �w _ 1,004 000.4Q Rounding Amount 2.222.50 Total Uses $1,050,000.00 STATUTORY AUTHORITY The Bonds will be issued pursuant to the authority of Minnesota Statutes Chapter 475 and Chapter 429. 111.1 Mimi -- Page 2 NOKTH LAN D SECURI"I"IE.S DEBT SERVICE STRUCTURE The debt structure reflects a level annual requirement over a term of ten years for the purpose of matching the term of the related assessments. The illustration below assumes an average interest rate on the bonds of 2.31% and an all inclusive cost of 3.30%. Debt Service Schedule Date Principal Coupon Interest Total P+1 Fiscal Total 08/01/2012 - - 08/01/2013 - - 17.632.50 17.632.50 02101/201.4 75,000,00 1.050% 9.816.25 83,816.25 1{1114.48.75 08/01/2014 - - 9,422.50 8,422.50 - 02/01/2015 80,000.00 1.250% 8,422,50 88,422.50 96,845.00 08/O1/2015 - _.-. - 7,922.50 7,922.50 W- 02/OI/2016 95,000.00 1.450% 7,922.50 92,922.50 100,945.00 08/01/2016 - - 7,306.25 7,306,25 02/01/2017 85,000.00 L700% 7,306.25 92,306.25 99,612.50 08/01/2017 _ - - 6,5583.75 6,583.75 02/O]/2018 SS,OOOA0 1:950'�a 6,583.75 - - 91,583.75 98,167.50 08/01/2018 - 5,755.00 5,755,00 - 02/01/2019 85,000.00 2.150% 5,755,00 90,755.00 96,51-0,00 081O1./2019 - - 4,841.25 4,841.25 - 02/01)2020 90,000.00 2.350% 4,841.25 94,841.25 99,682.50 6 02 8/ 11/20 - 3,783.75 3,783:75 - 02/O 1/2021 90,000.00 2.550% 3,783.75 93,783.75 97,567.50 08/01/2021 - - 2,636,25 2,636,25 - 02/01/2022 95,000.00 2.700% 2,636.25 97,636.25 100,272.50 08/01/2022 - - 1,353.75 1,353.75 - __._�._._. � ...-.._'— 1,353.75 _.. _ _...__ �.. 02/01/2023 95,000.00 2,850%_ 1,353.77 5 96,353.75 97;707.50 Total $865,000.00 - $123,658.7.5 $988,658.75 - Page 3 NORTHLANL) S1'.CtJRI T't ES SECURITY &SOURCE OF REPAYMENT The Bonds will be a general obligation of the City of Lake Elmo. In addition, the City will pledge special assessments of approximately $300,000 to the repayment of the debt service. We understand the balance of the debt service will be paid. from property tax collections. An illustration.of the projected debt service fund cash.flow is below. Revenue vs /S Less: Scheduled Assessment Equals: Levy Collection Date P+l 105%Levy Revenues* City Levy Year Year 02/01/2013 - - - 02/01/2014 1.01,448.75 106,521,19 37,739.33 68,781..85 2012 2013 02/0 1120)5 96,845.00 101,697.25 37,739.79 63,947.46 2013 2014 02/01/2016 100,845.00 105,887,25 37,739.80 68,147A5 2014 2015 02/01/2017 99,612,50 104,593.13 37,739.03 66,854,09 2015 _ _2016 02101 22018 98,167..50 103,075.88 37,739.47 65,336,40 2016 _ 2017 02/01/2019 96,510,00 101,335,50 37,739.93 63,596.57 2017 2018 02/01/2020 99,682.50 104,666.63 37,739.20 66,927,42 2018 2019 02/01/2021 97,567.50 102,445.88 37,739.93 64,705.94 2019 2020 02/01/2022 100,272.50 1.05,286.13 37,739.67 67,546.46 2020 2021 02/01/2023 97,707.50 102,592.88 37,739.91 64,852.96 2021 2022 Total $988,658.75 $1,038,091..69 5377,395.07 5660,696.62 *Assessments assume$300,000 fora period o€90 years of a rate o€4.30% (2% over the rate on the Bonds.) Page 4 Nott`FH LAN D QPS RELATED CONSIDERATIONS • Bank Qualification - We understand the City (in combination with any subordinate taxing Jurisdictions or debt issued in the City's name by 501c3 corporations) anticipates issuing $10.0M or less in tax-exempt debt during this calendar year. Therefore the bonds will be designated.as "bank qualified"obligations pursuant to Federal Tax Law. • Arbitrage and Rebate - Because the City will have issued more than $5.OM in tax- exempt bonds in calendar year 2012 the City will elect the Two Year Expenditure Exemption in order to exempt the Series 2012B proceeds from rebate. This exemption. from rebate does not eliminate the need to comply with other arbitrage regulations governing the investment of bond proceeds and debt service funds. In particular, the City should become familiar with the requirements for maintaining a "bona fide" debt service fund. These requirements will be explained in the bond transcript following closing. • Continuing Disclosure - Because this issue is greater than $1,000,000, and the City's outstanding debt exceeds $10.0M, it is subject to the Securities and Exchange Commission's continuing disclosure requirements. Northland Securities is prepared to assist the City in this capacity. Page 5y NORTHLAND SECURITIES SUMMARY OF RECOMMENDED TERMS 1. Type of Bond Sale Public Offering—Sealed Bids 2. Proposals Received Tuesday,July 17, 2012 @ 10:30 A.M. 3. Council Consideration Tuesday,July 17, 2012 @ 7:00 P.M 4. Statutory Authority The Bonds are being issued pursuant to Minnesota Statutes 475 and 429. 5. Repayment Term The Bonds will mature annually each February 1, 2014 - 2023. Interest on the Bonds will be payable on August 1, 2013 and semiannually thereafter on each February 1 and August 1. h. Security General Obligation of the City. In addition, the City will pledge special assessment revenues collected from bene£itted properties. 7. Prepayment Option The Bonds maturing February 1.,2021--2023 will be subject to prepayment on February 1., 2020 at a. price of par plus accrued interest. 8. Tax Status Dorsey and Whitney, LLP Minneapolis,Minnesota, 9. Credit Enhancement We believe a credit rating will be cost beneficial. The City's general obligation debt is currently rated Aa2 by Moody's Investors Service. Page 6 NORTHLAND SECURITIES NORTHLAND SECURITIES June 11,2012 Attention:Dean Zuleger,City Administrator City of Lake Elmo,Minnesota Re: City of Lake Elmo,Minnesota General Obligation hnprovement Bonds,2012E Dear Dean: At the direction of Paul Donna of this office, I am requesting that you provide our office with the appropriate Chapter 429 improvement proceedings for the City's improvement projects to be financed.by the above-mentioned bond issue. Below is a list of the documents we will need as soon as possible, so that they can be reviewed.and forwarded to Bond.Counsel for final review(please note that we will need these items for eachunprovement project being financed): 1. Resolution Calling for the Public Hearing on the Improvements; 2. The "Certificate of Mailing Notice of the Hearing" to all affected property owners (mailed ten or more days before the hearing), and a copy of the notice that was mailed. The Notice must contain the following language: "A reasonable estimate of the impact of the assessment will be available at the hearing."; 3. Affidavit of Publication. of the Notice of Hearing from.the local.paper(published twice,a week apart, with the Last publication.at least three days prior to the hearing date); 4. Minutes of improvement public hearing; 5. Resolution Ordering the Improvement(adopted within six months of the hearing and approved by a four-fifths vote of all members of the Council); 6. Reimbursement resolution.,if any. If the project was a 100%Petition request,then we need the following: 1. Petition.of the owners 2. City Resolution Accepting the Petition 3. Resolution Ordering the Improvement All of the documents should be originally executed. If that is not possible, we will need to have a certificate as to originals executed. I can provide you with the appropriate form for that, if you need it. Please feel free to call me if you should have any questions regarding this matter. Thanks very much for your prompt.attention. Very truly yours, Northland Securities,Inc. Cyntfiia L. Te66itt Cynthia L.Tebbitt Senior Closer Northland Securities,Inc. 45 South 7th Street,Suite 2000 Minneapolis,MN 55402 Direct: 612-851-4945 Fax 61.2-851-5918 Icbriley@northiatndsecut7ties.com Northland Securities,Inc.45 South 7`h Street,Suite 2000,Minneapolis,MN 55402 Toll Free 800-851-2920 Main 612-851-5900 Member FINRA and SIPC FINANCIAL ADVISORY SERVICE AGREEMENT BY AND BETWEEN THE CITY OF LAKE ELMO,MINNESOTA AND NORTHLAND SECURITIES,INC. This Agreement made and entered into by and between the City of Lake Elmo,Minnesota(hereinafter"City") and Northland Securities,Inc.,of Minneapolis,Minnesota(hereinafter"NSI"). WITNESSETH WHEREAS,the City desires to have NSI provide it with advice on the structure,terms,timing and other matters related to the issuance of General Obligation Water Revenue Crossover Refunding Bonds,Series 2012A and General Obligation Improvement Bonds,Series 2012B(the"Debt")serving in the role of financial advisor,and WHEREAS,the City and NSI are entering into this Agreement to define the financial advisory relationship at the earliest opportunity related to the Debt,and WHEREAS,NSI desires to furnish services to the City as hereinafter described, NOW,THEREFORE,it is agreed by and between the parties as follows: SERVICES TO BE PROVIDED BY NSI NSI shall provide all services necessary to analyze,structure,offer for sale and close the transaction. Lake Elmos of the services include the following: Planning and Development 1. Meet with City officials and others as directed to define the scope and the objectives 2. Assemble and analyze relevant statistical information. 3. Prepare a preliminary feasibility study or discuss with City officials possible funding options and the fiscal implications of each. 4. Prepare details on the recommended options- information on the issue structure, method of issuance,term, sale timing,call provisions,etc. 5. Prepare a schedule of events related to the issuance process. 6. Attend meetings of the City Council and other project and bond issue related meetings as needed and as requested. Bond Sales l. Collect data and prepare preliminary official statement(POS). 2. Provide POS for review and approval by City. 3. Distribute the POS and bid form to prospective bidders. 4. Cause to be published the Official Notice of Sale if required by law. 5. Recommend whether the issue should secure a bond rating. If the issue is to be rated,prepare and furnish to the rating agencies the information they require to evaluate the issue and provide their rating. Assist City to prepare and conduct rating call or other presentation. 6. Directly contact underwriters most likely to serve as syndicate managers to assure that bidding interest is established. 7. Assist the City in receiving the bids,compute the accuracy of the bids received,and recommend to the City the most favorable bid for award. 8. Coordinate with bond counsel the preparation of required contracts and resolutions. Post Sale Support l. Prepare final official statement and provide to underwriter for posting on EMMA. 2. Coordinate the bond issue closing including making all arrangements for bond printing, registration, and delivery. 3. Furnish to the City a complete transcript of the transaction,if not provided by bond counsel. 4. Assist,as requested by the City,with the investment of bond issue proceeds. COMPENSATION For providing these services with respect to the Debt,NSI shall be paid a lump sum of$26,125 for Series A and $9,900 for Series B. The fee due to NSI shall be payable by the City upon the closing of the Bonds. NSI agrees to pay the following expenses from its fee: • Out-of-pocket expenses such as travel,long distance phone,and copy costs. • Production and distribution of material to rating agencies and/or bond insurance companies. • Preparation of the bond transcript. The City agrees to pay for all other expenses related to the processing of the bond issue(s)including,but not limited to,the following: • Engineering and/or architectural fees. • Publication of legal notices. • Bond counsel and local attorney fees. • Fees for various debt certificates. • The cost of printing Official Statements,if any. • City staff expenses. • Airfare and lodging expenses of one NSI official and City officials when and if traveling for rating agency presentations. • Rating agency fees,if any. • Bond insurance fees,if any. • Accounting and other related fees. It is expressly understood that there is no obligation on the part of the City under the terms of this Agreement to issue the Debt. If the Debt is not issued,NSI agrees to pay its own expenses and receive no fee for any services it has rendered. SUCCESSORS OR ASSIGNS The terms and provisions of this Agreement are binding upon and inure to the benefit of the City and NSI and their successors or assigns. TERM OF TIRS AGREEMENT This Agreement may be terminated by thirty(30)days written notice by either the City or NSI and it shall terminate sixty(60)days following the closing date related to the issuance of the Debt. 2 Dated this i 9°'day of June,2012. Northland Securities,Inc. By: -)Q° John R.>~ifieid,Jr.-Senior Vice President City of Lake Elmo,Nlinuesota By: Its: 3 Dated this 19"day of June,2012. Northlaud Securities,Inc. By: John R.liifield,Jr.-Senior Vice President City of Lake Elmo,Minnesota By: Its: 3 CERTIFICATION OF MINUTES RELATING TO GENERAL OBLIGATION WATER REVENUE CROSSOVER REFUNDING BONDS, SERIES 2012A Issuer: City of Lake Elmo,Minnesota Governing Body: City Council Kind, date,time and place of meeting: A regular meeting held on June 19, 2012, at 7:00 P.M. at the City Hall, Lake Elmo, Minnesota. Members present: Members absent: Documents Attached: Minutes of said meeting, including: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $4,090,000 GENERAL OBLIGATION WATER RE-VENUE CROSSOVER REFUNDING BONDS, SERIES 2012A 1, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and. complete copies of all. resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said. bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on June__, 201.2. City Administrator Councilmember introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $4,090,000 GENERAL OBLIGATION WATER REVENUE CROSSOVER REFUNDING BONDS, SERIES 2012A BE IT RESOLVED by the City Council of the City of Lake Elmo (the"City") as follows: SECTION 1. PURPOSE. It is hereby determined to be in the best interests of the City to issue its General Obligation Water Revenue Crossover Refunding Bonds, Series 2012A in the principal amount of approximately $4,090,000 (the"Bonds"),pursuant to Minnesota Statutes, Chapter 475, to provide fiends to be used to refund in an advance crossover refunding, all or a portion of the City's General Obligation Water Revenue Bonds, Series 2005A, dated,as originally issued, as of August 1, 2005 (the"Refunded Bonds"). SECTION 2. SALE. Northland Securities, Inc. is hereby authorized,pursuant to Minnesota Statutes, Section 475.60, Subdivision 2,paragraph(9),to solicit proposals for the Bonds on behalf of the City on a competitive basis without requirement of published notice. The City Council shall meet at the time and place shown in the Notice of Sale prepared for the Bonds for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon the Resolution was declared duly passed and adopted. CITY OF LAKE ELMO '"ASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2012-28 A RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $865,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012B BE IT RESOLVED by the City Council of the City of Lake Elmo(the"City") as follows: WHEREAS, It is hereby determined to be in the best interests of the City to issue its General Obligation Improvement Bonds, Series 2012B, in the principal amount of $865,000 (the Bonds), pursuant to Minnesota Statutes, Chapters 429 and 475, to finance improvement projects in the City. WHEREAS,Northland Securities,Inc. is hereby authorized,pursuant to Minnesota Statutes, Section 475.60, Subdivision 2,paragraph(9),to solicit proposals for the Bonds on behalf of the City on a competitive basis without requirement of published notice. The City Council shall meet at the time and place shown in the Notice of Sale prepared for the Bonds for the purpose of considering proposals for the purchase of the Bonds and of taking such action thereon as may be in the best interests of the City. Upon vote being taken thereon,the following voted in favor thereof: and the following voted against the same: Whereupon the Resolution was declared duly passed and adopted on this nineteenth day of June, 2012. CITY OF LAKE ELMO CITY COUNCIL By: _. Dean A. Tolniston Mayor ATTEST: Sandie Thone City Clerk Resolution 2012-28 1 CERTIFICATION I do hereby certify the minutes relating to general obligation improvement bonds, series 2012B Issuer: City of Lake Elmo, Minnesota and Governing Body: City Council; Kind, date, time and place of meeting: A regular meeting held on June 19, 2012, at 7:00 P.M. at the City Hall, Lake Elmo, Minnesota are the a copy of the exact official document in my office and the said resolution RESOLUTION 2012-28 approving the RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $865,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012B is the exact copy of the official resolution in my office. Members present: Mayor Johnston, Council Members Emmons, Smith,Pearson and Park. Members absent: Documents Attached: Minutes of said meeting, including: RESOLUTION 2012-28 approving the RESOLUTION AUTHORIZING ISSUANCE AND SALE OF $865,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2012B 1, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said bonds; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above,pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer on June nineteenth 2012. Sandie Thone, City Clerk Seal.} THE:CITY OF „mot {YT LAKE ELMO COUNCIL tU1 r MAYOR UNICATION DATE: June 19,2012 REGULAR ITEM#: 30—Fiscal Impact$S MOTION AGENDA ITEM: Financial Planning Services Agreement with Northland Securities .for the purpose of analyzing water, sanitary sewer, and storm water systems in preparation of water main and sewer main extension projects. SUBMITTED BY: Dean Zuleger, City Administrator THROUGH: Mayor Johnston& Council Member Emmons REVIEWED BY: Dean Zuleger, City Administrator SUMMARY AND ACTION REQUESTED: Expend $5,280 paid to Northland Securities, Inc. to complete a financial analysis (including debt service and cost recovery using water and sewer rates) affiliated with the extension of water main to and through the 1-94 corridor, and the construction of sewer mains through and the 1-94 corridor and north to and through. the Old Village. BACKGROUND INFORMATION;: On May 81h, the City Council participated in a workshop on "Utilities and Growth", During the workshop, several options for utilities expansion were discussed that resulted in three basic priorities; l. Providing water service from municipal wells northeast of Highway 5 to the southern and westernmost parts of the City of Lake Elmo; 2. Provide sanitary sewer service for development throughout the 1-94 corridor and north.to the Old Village to attempt to meet the needs of the Metropolitan Council / City of Lake Elmo Memorandum of Understanding; 3. Develop a finding plan that allows for the ability to cash flow both expansions by 2014 to eliminate the loss of$2 million in state funding. STAFF REPORT: The engineering staff of Lake Elmo has developed options for"main"utility extension that has an estimated cost of$12.5 million. With $2 million dedicated to Lake Elmo by the State of Minnesota, lake Elmo would have to bond for $10.5 million (2012 dollars) to build the truck / main infrastructure system to positively affect growth and provide vital clean potable water / sanitary services to existing residents. The Administrator of Lake Elmo has spoken with several public financial advisors and reviewed a 2009 Study ftorm Ehlers to determine the best financial mix to fund the $10.5 million. In the course of the investigation, it was determined that Northland Securities, led by former City of Burnsville CFO Tammy Omdahl, was best suited to conduct a financial study that examines debt service reequirements, --page 1 -- 3 City Council Meeting (Regular Agenda Item IQ/ June ]9th,2012 water and sewer access charges, water and sewer rates, developer fees rant opportunities and p � g PA � factor in a possible settlement / court ruling with 3M to finance utility construction using a 15 year payback schedule w/o negatively impacting the City's credit worthiness. RECOMMENDATION: Based upon the background information presented, the staff recommends that the City of Lake Elmo City Council: Motion: To approve the Financial Planning Agreement between the City of Lake Elmo and Northland Securities for an amount not to exceed $5,280 for the purpose of developing a financial strategy for the construction of water main and sewer force main in the City's growth areas. The funds are to be disbursed equally form the City's undesignated fund balance and the City's Witter Utility Fund — with funds to be recovered through mechanism determined by the study. ATTACHMENTS: Northland Securities Agreement SUGGESTED ORDER OF BUSINESS: - Introduction of Item..............................................................City Administrator - Report/Presentation................................................City Administrator - Questions from Council to Staff..............................................Mayor Facilitates Public Input, if Appropriate................ - .....................................Mayor Facilitates - Call for Motion............................................................... Mayor&City Council - Discussion.......................................................................Mayor& City Council - Action on Motion.....................................................................Mayor Facilitates i --page 2 - FINANCIAL PLANNING AGREEMENT BY AND BETWEEN THE CITY OF LAKE ELMO, MINNESOTA AND NORTHLAND SECURITIES,INC. FINANCIAL PLANNING SERVICES This Agreement made and entered into by and between the City of Lake Elmo, Minnesota (hereinafter "City") and Northland Securities, Inc., of Minneapolis, Minnesota (hereinafter "NSI"). WITNESSETH WHEREAS, the City desires to use the services of NSI for financial planning for the City's water, sanitary sewer, and storm water utility systems, including, planning for user charges and rates(hereinafter"Project"). WHEREAS, NSI desires to furnish services to the City as hereinafter described, NOW,THEREFORE, it is agreed by and between the parties as follows: SERVICES TO BE PROVIDED BY NSI The scope of work to be performed by NSI is based on.the following factors: 1. User charges for water,sanitary sewer., and storm sewer service need to be reviewed to ensure adequate operating revenues and reserves are maintained. 2. The analysis of user charges must consider current and future capital improvements. 3. The impacts of changes to user charges on local residents and businesses must be clearly understood and managed. NSI will undertake the following tasks: 1. Conduct kick off meeting with City Staff to review project objectives, set meeting schedule and collect background data. 2. Review background information about water, sanitary sewer, and storm.sewer utilities. The City has the responsibility for collecting and providing NSI with.information needed to conduct the study. Information sought by NSI includes: a. Annual financial statements for utility funds for years 2006-2011. b. Operating budgets for 201.0, 2011, and 2012. c. Current user rate schedules. d. Water system operating data including number of customers(by type if possible) and quantity of water sold in 2006 through 2010. Service Agreenxent-- Fuzancial Planning Services Page 1 e. Sanitary sewer system operating data including number of customers (by type if possible)and basis for sewer billing in 2006 through 2010. f. Storm sewer system.operating data including.number of customers(by type if possible) and basis for storm sewer billing in 2006 through 2010. g. Plans for capital improvements in years 2012 through 2016(and future years if available) including type of improvement, estimated cost,funding source, and timing. 3. Design financial model for sanitary sewer,water, and storm sewer systems. NSI will create spreadsheets that model.the unique characteristics of the City's utility systems. The model will be used to analyze and explain the implications of alternative user charge structures. At a minimum, the model will analyze changes in: operating expenses;system usage; customers; capital improvements; and funding options. 4. Develop up to two alternatives for sanitary sewer,water, and storm sewer rates. NSI will identify and evaluate the current rate structure and up to two change alternatives for both water and sewer user charges. 5. Review results. NSI will meet with the City to review results of the analysis. 6. Report initial findings and recommendations. NSI will prepare a memorandum that explains the results of the analysis in Tasks 4-5 and presents a recommended course of action. This scope of work includes up to two (2)meetings with the City to review results. COMPENSATION For the services specified, NSI will. be paid an amount not to exceed $5,280. The amount is based on the estimated number of hours required to complete these tasks at an hourly billing rate of $1.60/hour plus reimbursable expenses for travel, printing and mailing. NSI will.bill on a monthly basis for actual services performed and reimbursable expenses. ASSIGINED NORTHLAND EMPLOYEE The NSI employee responsible for providing services pursuant to this agreement and for the services performed is Tammy Omdal. SUCCESSORS OR ASSIGNS The terms and provisions of this Agreement are binding upon and inure to the benefit of the City and NSI and their successors or assigns. DISCLAIMER In performing service under this agreement, NSI is relying on the accuracy of information provided by the City and the services provided by Northland are based on current State Law. The parties agree that the Minnesota property tax system and other laws may change and may affect the accuracy and validity of services provided by NSI. NSI will perform its work using the best available information. The City recognizes and accepts that future property values, tax Service Aga•eement—Financial Planning Services Page 2 levies and tax rates may vary from the assumptions used by NSI and such changes may affect the work product produced and provided by NSI. TERM OF THIS AGREEMENT This Agreement may be terminated by thirty (30) days written notice by either the City or NSI. In the event of early termination by the City,NSI shall provide the City with an itemized hourly statement of services already provided. All billable hours by NSI shall be billed at the stated hourly rates should early termination occur. Dated this_day of June,2012. Northland Securities,Inc. By: City of Lake Elmo,Minnesota BV: CitV Administrator Service Agreement—Financial Planning Services Page 3 PO WERS OF EDAS General Powers and Purposes The primary benefit of an EDA rests in its ability to easily and flexibly accomplish a wide range of development and redevelopment objectives. An EDA is granted a remarkably full complement of development powers. These include (subject to any limitation in the enabling resolution) the powers enumerated by its enabling legislation, but also those powers granted by cross-reference to housing and redevelopment authorities (HRAs), to Cities in connection with projects and development districts, of municipalities and redevelopment agencies in connection with Municipal Industrial Development. These development powers allow an EDA great latitude, flexibility and efficiency in pursuing economic development objectives. The purposes to which EDAs may direct their powers are not entirely clear in the statutes. They appear to include making land suitable and available for economic development and to encourage the location or expansion of economic development facilities. Also, through incorporating the purposes of HRAs, EDAs also can provide adequate housing in addition to clearing and developing blighted areas. And by incorporating the broad purposes of Municipal Industrial Development, EDAs may actively promote, attract and encourage the development of economically sound industry and commerce for the purpose of preventing the emergence of blighted and marginal lands and areas of chronic unemployment. Usually, an EDA must adopt or reference a broader plan to exercise its powers. Certain EDA powers can only be exercised within the boundaries of an "Economic Development District; certain HRA powers must be exercised within the boundaries of a "Redevelopment Project," and certain municipal powers must be exercised within a"Municipal Development District." Certain. EDA Powers must be exercised only within the boundaries of an "Economic Development District." The EDA may create and define the boundaries of economic development districts at any place or places within the City, except the district boundaries must be contiguous. An EDA must hold a public hearing on the establishment and at least 10 days before the hearing the EDA shall publish notice of the bearing in a daily newspaper of general. circulation in the City. The EDA must find that an economic development district is proper and desirable to establish and develop within the City. Redevelopment Project When the EDA exercises many of the powers of an HRA, such powers must be used within the boundaries of a Redevelopment Project established under the HRA law. When establishing a Redevelopment Project, the EDA must develop a redevelopment plan which provides an outline for the development or redevelopment of the area. The EDA must obtain the written opinion of the City's planning agency if there is one. The City Council must approve or disapprove the plan within. 30 days after holding a public hearing on the Redevelopment Project. The council must make the following findings in connection with its approval: 16 L The land in the project area would not be made available for redevelopment without the financial aid to be sought from the EDA. 2. The redevelopment plans for the redevelopment areas in the locality will afford maximum opportunity consistent with needs of the locality as a whole for the redevelopment of the areas by private enterprise. 3. The redevelopment plan conforms to the general comprehensive plan for the development of the locality as a whole. (Minn. Stat. § 469.028). Municipal Development District When the EDA exercises certain powers of cities identified in the City Development District law (Minn. Stat. §§ 469.124-469.143), they must be used within the boundaries of a Municipal Development District. A development district may be designated anywhere within the boundaries of a City and the City must adopt a Development Program for the development district, which is a statement of objections for the development district and contain the information. set forth in Minn. Stat. § 469.125, Subd. 3. The City may develop a program for improving the district to provide the impetus for commercial development, increase employment, protect pedestrians, provide open space relief and other actions which are in the public purpose. Prior to designation, the City must consult with its planning agency or department, publish notice, and hold a public hearing. Specific Powers Because EDAs derive powers both directly from EDA law and indirectly by cross reference with other development statutes, there is often considerable overlap in the statutes which can be cited as authority for a given power. For example, the power to acquire and develop property under the EDA Law must be exercised within the boundaries of an "economic development district." Since the definition of an economic development district is very restrictive, the EDA power to acquire land cannot be exercised in many circumstances. However, the comparable HRA power to acquire and develop property is far more general and can be exercised in a broad range of development circumstances. By picking and choosing the particular statutory authority best suited to a given proposed action, an EDA can usually carry out its purposes with a minimum of inconvenience. Many of the powers of an EDA are listed below, including powers derived from EDA, HRA and municipal authorities. When considering the exercise of any specific power cited, your should always review the available legislation and consult with your legal and development advisors. Acquisition of Property An EDA may acquire the necessary rights, titles or interest in property through purchase, lease or gift. While the property is owned by the EDA and used for governmental purposes, the property is exempt from taxation by the state or its political subdivisions. However, once the EDA sells or leases the property for use by a non-governmental body, it becomes subject to taxation. e 17 Options The EDA may sign options to purchase, sell or lease property. This power unay be used to set aside a particular building or site for future development purposes. Eminent Domain An EDA may exercise the right of eminent domain under Chapter 117 or under its City's charter to acquire property by condemnation. If the property is owned by the City for public use, the City must approve the taking. Also, the EDA may take possession of the property after it files a petition in condemnation proceedings describing the property -- a practice sometimes referred to as a "quick take" proceeding. Loans An EDA may make loans to businesses to carry out the purposes outlined in the EDA Law (Minn. Stat. § 469.192). Contracts The EDA may enter into contracts with both governmental and non-governmental entities for the purpose of economic development, including the purchase or sale of real and personal property. An EDA may not incur an obligation or expense under the HRA Law, unless it has an existing appropriation, or can identify reasonably expected revenues sufficient to discharge the obligation or pay the expense. Independent authority is found in the EDA Law for the EDA to guarantee loans, as more fully discussed under the "Advances" power described later in this handbook. Limited Partnership An EDA may be a limited partner in a partnership whose purpose is consistent with the EDA's purpose. If a City is participating in a project as a limited partner, it may wish to stipulate in the equity agreement a limit on its current and future liability. This stipulation will serve as a.safeguard for the City if legal action is brought against the firm as a result of its operation or inequities in its services or products. Rights and Easements The EDA may acquire rights and easements for development of an economic development district. It may be necessary for an EDA to utilize these powers when extending public infrastructure to a project area. Acceptance of Public Land and.Property The EDA may accept land, money, or assistance, either by gift, loan or otherwise, in any form from the federal or state government, or its agencies, or a local subdivision of the state government to carry out its economic development activities. 18 An EDA may accept conveyances of land from all other public agencies, commissions, or other units of government, if the land can be properly used by the EDA in an economic development district. Foreign Trade Zone Minnesota Statute 469.101, Subdivision 11. authorizes EDAs to operate and manage Foreign Trade Zones. Foreign or "Free" Trade Zones (FTZ) were established to facilitate international trade by serving as "safe havens" and can increase a company's cash flow by reducing costs associated with import restrictions and duties. FTZs can be warehouses, storage tanks or fenced- in areas near harbors, airports or industrial parks. Foreign and domestic goods are brought into a zone where they can be stored, sold, exhibited, broken up, repacked, assembled, distributed, sorted, graded, cleaned and mixed with foreign and domestic products or used in a manufacturing process. There are two types of foreign trade zones. General zones are located at or adjacent to a U.S. Customs Port of Entry (i.e. Minneapolis-St. Paul International. Airport or Duluth Port) and subzones which are technically part of the general zone but are physically removed from it. General zones typically have multiple users occupying a facility or warehouse site, while "subzones" are special-purpose facilities operated by individual firms that cannot be accommodated within a general zone and are engaged in. large-scale manufacturing. The major goods being produced in subzones are automobiles, trucks, motorcycles, tractors, women's garments, and refined oil. Although a zone is operated as a public utility and can be managed by either a public or private corporation, it is treated as foreign territory and considered to be in foreign commerce, therefore providing benefit to the users. The usual formal Customs entry procedure and payment of duties is not required on the foreign merchandise unless and until it enters Customs territory for domestic consumption, in which case the importer ordinarily has a choice of paying duties either on the original foreign material or the finished product. In addition, quota restrictions do not normally apply to foreign goods stored in zones. Domestic goods moved into a zone for export may be considered exported upon entering the zone for purposes of excise tax rebates and drawback. In some cases companies can avoid both import duties on an item and state and local ad valorem taxes when goods are exported from the zone. In most cases, Federal taxes and excise taxes can be deferred on the goods until they enter the U.S. marketplace. Public Facilities The EDA may operate and maintain a public parking facility or other public facility to promote development or prevent the emergence of slum and blight. Frequently, these powers are exercised in cooperation with other units of government, including Cities, counties and school districts. Projects may include City halls, fire stations, libraries, community centers, administration buildings, and many others. For example a City may want a community center for its residents. In order for the project to occur, the EDA sells revenue bonds, constructs the community center, and leases the community center to the City. The lease is paid by an annual appropriation from the City's general fluid to 19 the EDA, and the EDA uses the lease payments to pay the principal and interest due on. the revenue bonds. When the revenue bonds are retired, title to the new community center will be transferred to the City. Government Agent An EDA may cooperate with or act as an agent for the federal or state government, a state public body, an agency or instrument of a government, or a public body to carry out its mission. Studies,Analysis,Research An EDA may study and analyze economic development needs in the City, and ways to meet those needs. An EDA may study the desirable patterns for land use for economic development and community growth and other factors affecting local economic development in the City. It may make the results of the studies available to the public and to business/industry in general. An EDA may engage in research and disseminate information on economic development within. the City. Public Relations To further its economic development efforts, an EDA may join an official, industrial., commercial, or trade association, or other organization. It may also have a reception of officials who may contribute to advancing the City and its economic development activities. It may also carry out other public relations activities as it deems appropriate in fulfilling its efforts to promote the City and its economic development projects (Minn. Stat. § 469.101, Subd. 16). Joint Powers Agreements Any two or more EDAs using HRA powers or together with an HRA may join with one another to exercise, either jointly or otherwise, any or all of their powers. This joint powers agreement may be used for the purpose of financing, including the issuance of bonds and giving security, planning, undertaking, owning, constructing, operating, or contracting a housing project located within the area of operation of any one or more of the EDAs or HRAs. The EDA may, by resolution, authorize any other housing authority or EDA utilizing HRA powers to act on its behalf with respect to any or all powers, as its agent or otherwise. An EDA may by resolution authorize another housing authority to exercise its powers within the authorizing EDAs area of operation at the same time that the authorizing authority is,exercising the same powers. Tax Increment Financing There are many benefits afforded to a City by utilizing Tax Increment Financing (TIF) to facilitate economic development. Some of these are: the City can realize new development, which would not otherwise occur without the use of TIF; the City may realize broader economic gains of new development in terms of employment, tax base enhancement and secondary spin- off effects; the City can facilitate the construction of related public improvements it wishes to achieve by coordinating a TIF project with more general public improvement projects; the City -)Q may have better control over the nature of the development; the City may be able to fund administrative and/or community development costs with revenue from the TIF district and; in some cases, the qualifying of new development is enhanced by the TIF financing. An EDA may act as an Authority for the purposes of creating and administering tax increment financing districts and plans. These powers must be exercised within a Redevelopment Project, when acting under HRA powers, or within a Municipal Development District when exercising City powers. In general, an EDA must receive approval from the City Council prior to adoption of a Tax Increment Financing plan, and comply in all. respects with the requirements of Minnesota Statutes 469.174- 469.179. There are several types of TIF districts allowed by statute. The following is a brief description of each. Redevelopment District: • Generally a blighted area containing substandard buildings. • Requires documentation to evaluate occupied land area and analysis of substandard buildings. • Maximum duration of TIF district is 25 years from receipt of the first increment. Renewal and Renovation.District: • Blight and obsolescence tests must be met. • Maximum duration of TIF district is 15 years from receipt of the first tax increment. Housing District • Provides housing opportunities for persons and families of low and moderate income. • Maximum duration of TIF district is 25 years from receipt of the first tax increment. Soils Condition District: • Provides for the removal or remediation of hazardous substances or contaminants as specified in a development action response plan. • Such costs must exceed (a) the fair market value of the land before completion of the preparation or(b) $2 per square foot of the area of each parcel. • Maximum duration of the TIF district is 20 years from receipt of the first tax increment. Economic Development District: • May be used only for manufacturing, production, processing, warehousing, storage, distribution (excluding retail sales), research and development, telemarketing, certain tourism and border City retail facilities and uses are directly related to or in support of such qualifying activities. Prohibits establishment if more. than 15 percent of the square footage of such facilities are used for other purposes. 21 • Must demonstrate retention of local businesses, increased employment or preservation or enhancement of the state tax base, etc. • Maximum duration of TIF district is 8 years from receipt of the first tax increment. • May be used for commercial facilities not exceeding 15,000 square feet in Cities with populations of 5,000 or less located at least 10 miles outside of a City with a population of 10,000 or more. Other than administrative expenses, all increments must be spent within the TIF district. • Expanded Rules for any type of development if construction commences by July 1, 2011 and certification of district is requested by June 30, 2011. Compact Development District: • May be used to redevelop property where 70 percent of the parcel is industrial or utility property. + The project must result in an increase of square footage of industrial or utility property by three times or more over its current level. • Must be approved before June 30,2012. In order to establish a TIF district, a specific process must be followed including the following: 1.. A Development Program or Redevelopment Plan(depending on statutory authority used) must be prepared. This sets forth the general goals for the development or redevelopment project area. 2. A Tax Increment Financing Plan must be prepared. This sets forth the specific project(s) to be undertaken, costs involved, and revenues projected, and is the guiding document for the proposed project. 3. A public hearing on the TIF Plan and district must be conducted. Notification of the public hearing must be published 10-30 days prior to the hearing. 4. A TIF district "fiscal and economic impact" letter must be received by the County and school district at least 30 days prior to the public hearing. 5. The City planning commission must review the TIF Plan and Development Program prior to City approval. 6. At the public hearing, all interested parties are invited to express their opinion(s). 7. Subsequent to the public hearing, the City must approve or reject the TIF Plan and district. 8. Upon approval, the City must request County certification of the original value of the TIF district which will begin the tax increment collection process. 9. Actual project expenditures may not be made until the TIF Plan is adopted and the TIF" district is established. Financing and Bonding Powers Issuing General Obligation.Bonds The EDA may issue General Obligation Bonds (GO Bonds) in anticipation of income from any source for.any purpose allowed by statute. The City must, by ordinance and by two thirds vote, give specific consent to pledge the City's full faith and credit to the GO Bonds. The EDA must comply with the provisions of.Minnesota Statutes § 475, the general public indebtedness statute. An election is required to issue GO Bonds backed by the City's full faith and credit. Issuing Revenue Bonds Revenue bonds may be issued by the EDA to fund any authorized activity of the EDA. The revenues generated by the projects to be financed and/or other revenues of the EDA may be pledged to the payment of the revenue bonds. Bonds may also be secured by a mortgage on certain EDA property. The EDA can pledge its full faith and credit and limited taxing power to the payment of revenue bonds, but it may not pledge the full faith and credit of the City. Because the credit strength of an EDA is usually very limited, the feasibility of a revenue bond offering is highly dependent upon the project to be financed. For example, if an EDA were to issue a revenue bond to finance the construction of a building to be leased to a manufacturing firm, the interest rate and security terms of the revenue bond would depend primarily on the creditworthiness of the manufacturer. For weaker projects and tenants, issuance may not be feasible. Advances As noted earlier in this handbook, there is independent authority for an EDA to make a loan. An EDA may advance (loan) its general fund money or credit without interest. The advances must be repaid from the sale or lease of land. If the money advanced for the development or redevelopment project was obtained from the sale of the EDAs general obligation bonds, then ' the interest rate on the advances must not be lower than the average annual interest rate on the EDAs general obligation bonds that are outstanding at the time the advances are made. Advances made to acquire land and to construct facilities for recreational purposes, do not need to be reimbursed (Minn. Stat. § 469.106). Secondary Alarket An EDA may sell, at private or public sale, at the price or prices determined by the EDA, any note, mortgage, lease, sublease, lease purchase, or other instrument or obligation evidencing or securing a loan made for the purpose of economic development,job creation, redevelopment, or community revitalization by a public agency to a business, for-profit or nonprofit organization, or an individual (Minn. Stat. § 469.101, Subd. 22). An EDA operating a revolving loan fund may choose to sell a loan on the secondary market if it needs to recapitalize the loan fund in order to finance additional projects. Borrowing in Anticipation of Bonds After authorizing a bond issue, an EDA may borrow funds to provide money immediately required for the project, but the loan must not exceed the amount of the bonds. The EDA must approve a resolution stating the terms of the loan. The due date for the loan may not be for more than 12 months from the date of the loan origination and may be repaid with interest from the proceeds of the bonds when the bonds are issued and delivered to the bond purchasers. The loan must not be obtained from any Commissioner of the EDA or from any corporation, association, or other institution of which a Commissioner is a stockholder or officer (Minn. Stat. § 469.101, Subd. 19). Revolving Loan Funds Small business growth in most communities provides the greatest opportunity for new investment and job development. However, because constraints on capital markets, financial. institutions may be unable or unwilling to provide a complete financing package, and many good companies end up with marginal long-term financing. Businesses and financial institutions invest dollars in projects to make a profit and to earn a return on that investment. Unless the project offers the promise of a positive return, it is difficult to sell a prospective investor on locating or expanding a business. Stimulating investment requires impacting a business and a bank's spending decisions. An EDA can impact business spending decisions by providing an opportunity where rates of return on investment are attractive and competitive. Many EDAs do this by operating a local Revolving Loan Fund(RLF) designed to facilitate small business investment. The typical goal of a local RLF is to leverage private sector investment by filling the capital market gap for financing long-term assets. Most RLFs provide a cost advantage to the business to lessen their financial constraints and meet the community's goal of increasing productivity and creating new, permanent jobs. The RLF can provide lower interest payments, more flexible equity requirements, longer terms, deferred principle payments and a subordinate collateral position to the bank. The type of businesses that are eligible for loan funds type of businesses that are eligible for loan funds will depend on the loan guidelines established by the particular EDA. An RLF can be designed in several different ways. The most common type of RLFs,structure is the direct loan to the business. Direct loans are made to the business with a separate set of loan documents and collateral to secure the loan. These loans are typically made to fill the gap in a development project. The second type of funding structure is a loan guarantee. The EDA provides a partial guarantee to the private lender to ensure repayment of the loan and to limit the risk to the private lender. This type of activity provides several advantages to the EDA, notably, smaller capitalization requirements, increased leverage of funds, and limited administrative activity , A third type of RLF is a linked deposit program. With a linked deposit program, the EDA works with other government agencies and large non-profit institutions to place a certificate of deposit with the lending institution at below market rate. This action allows the bank to increase its liquidity of funds,gain a higher return on a riskier project and improve collateral coverage. The most fundamental issue in the development of a revolving loan program is the developme of policies and procedures for operating, marketing, financing and dealing with.delinquencies defaults. It is important to consider working with development counsel and/or financial adviso to discuss the intricacies and mechanics.of a RLF program. The source of capitalization for local loan funds varies by community. Communities are utilizing local sources through the use of excess general fund or municipal utility reserves, Tax Increment Financing reserves and partnerships with banks or utilities to capitalize local revolving loan funds. Limitation of Powers The City Council may place limits on the activities of the EDA in the enabling resolution. These limitations may be placed on the power to issue general obligation or revenue bonds, the power to grant or loan EDA funds, power to enter into limited partnerships, or any other specific power over which the governing body wishes to exercise control. The following is a list of specific areas where the governing body may exercise control (Minn. Stat. § 469.092): 1. that the EDA may not exercise any specified power contained in Minn. Stat. §§ 469.001 to 469.047, 469.090 to 469.108, and 469.124 to 469.134 or that the EDA must not exercise any powers without the prior approval of the City Council. 2. that, except when previously pledged by the EDA, the City Council may by resolution require the EDA to transfer any portion of the reserves generated by activities of the EDA that the City Council determines is not necessary for the successful operation of the authority to the debt service fund of the City, to be used solely to reduce tax levies for bonded indebtedness of the City; 3. that the sale of all bonds or obligations issued by the EDA be approved by the City Council before issuance; 4. that the EDA follows the budget process for City departments as provided by the City and as implemented by the City Council and Mayor; 5. that all official actions of the EDA must be consistent with the adopted comprehensive plan of the City, and any official controls implementing the comprehensive plan; 6. that the EDA submit all planned activities for influencing the action of any other governmental agency, subdivision, or body to the City Council for approval; 2'� 7. that the EDA to submit its administrative structure and management practices to the City Council for approval. S. any other]imitation or control established by the Cite Council by the enabling resolution.