Loading...
072202 EDA AgP ". CITY OF SBOREWOOD 5755 COUNTRY CLUB ROAD ECONOMIC DEVELOPMENT AUTHORITY MEETING COUNCIL CHAMBERS MONDAY, JULY 21, 2002 TIME: 8:00 P.M. or Immediately fonowinl Replar Council Meetinl AGENDA 1. CONVENE ECONOMIC DEVELOPMENT AUTHORITY MEETING A. Roll Call President Love Garfunkel Liz6e Zerby ...:-- Turgeon _ Q. Review Agenda 2. APPROVAL OF MINUTES A. BDA Minutes of June 24. 2002 (Att.4#2A Minutes) 3. CONSENT A. Treasurer's Report (Att.-#3A Treasurer's report) B. Amendment of Resolution regarding Reimbursement of Costs for South Lake Minnetonka Public Safety Facilities Project (Att4#3B Executive Director's memorandum, Resolution) 4. NEW BUSINESS A. Selection of Officers (Att.4#4A Executive Director's memorandum) B. Resolution regarding Intent to Issue Financing for South Lake Minnetonka Public Safety Facilities Project (Att.4#4B Assistant Treasurer's memora:ndutn, Resolution) 5. OTHER BUSINESS 6. ADJOURN CITY OF SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY MEETING MONDAY, JUNE 24, 2002 5755 COUNTRY CLUB ROAD COUNCIL CHAMBERS TIME: 7:30 P.M. or Immediately following Regular Council Meeting MINUTES 1. CONVENE ECONOMIC DEVELOPMENT AUTHORITY MEETING \) \\,.J1 President Love called the meeting to order at 7:45 P.M. A. Roll Call Present: President Love; Commissioners Garfunkel, Lizee, Turgeon, and Zerby; Executive Director Dawson; and General Counsel Tim Keane Absent: None B. Review Agenda President Love reviewed the Agenda and without objection from the Board, moved forward with the meeting. 2. APPROVAL OF MINUTES A. EDA Minutes of March 25, 2002 Lizee moved, Zerby seconded, approving the EDA Minutes of March 25, 2002, as presented. Motion passed 5/0. 3. NEW BUSINESS A. Selection of General Contractor for Public Safety Facilities Executive Director Dawson explained the EDA Staff had completed background work to recommend a firm to provide professional services in conjunction with the construction of the Public Safety Facilities Project. Five firms had responded to a solicitation for a Request for Qualifications. Interviews were held with the EDA Staff team and three firms on June 5, 2002. From those interviews, two firms, Kraus- Anderson Construction Company and Stahl Construction Company, were selected for further reference checks and an understanding of proposed fees. The two firms responded to the request to clarify their approach to fees and costs. While Stahl Construction Company displayed a better package of services in terms of documentation, public communication, jobsite services, and team approach, it appeared to have significantly higher fees. There were no reservations regarding recommending Kraus-Anderson Construction Company for contracting services. Discussion ensued regarding the merits of retaining either company for contracting services for the Public Safety Facilities project. Garfunkel moved, Zerby seconded, Authorizing Staff to negotiate an agreement for services with Kraus-Anderson Construction Company for the Public Safety Facilities project. *J-A SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY MEETING June 24, 2002 Page 2of2 Commissioner Lizee stated, with regard to experience and knowledge of Stahl Construction Company's reputation, she would prefer to go with Stahl Construction as their representatives had impressed Staff with their presentation, and she thought they would provide the best value and services for the project. Commissioner Turgeon stated she thought the amount of money being spent on the project was critical, and thought it more important to set high standards for Kraus-Anderson Construction Company. President Love stated he appreciated Commissioner Lizee's comments regarding value for dollars being spent on this project. He further stated he did not like to choose a vendor based solely on cost for a project; however, in this case, he believed Kraus-Anderson would provide good services for dollars spent, in addition to providing lowest bid for the project. 4. OTHER BUSINESS Executive Director Dawson stated there would be an annual meeting held in July of the Shorewood Economic Development Authority on a date to be announced. 5. ADJOURN Lizee moved, Turgeon seconded, adjourning the Shorewood EDA Meeting of June 24, 2002, at 8:03 P.M. Motion passed 5/0. RESPECTFULLY SUBMITTED, Sally Keefe, Recording Secretary Woody Love, President Craig W. Dawson, Executive Director SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY 5755 Country Club Road Shorewood, Minnesota 55331-8926 952.474.3236 FAX: 952.474.0128 MEMORANDUM DATE: July 16, 2002 CC: EDA Board of commis.ss~~n~ Scott Zerby, Treasurer 7' u Craig Dawson, Exec uti ve Director and Secretary TO: FROM: RE: Treasurer's Report - Annual EDA Financial Statement The EDA By-laws require that the Treasurer shall file the Authority's financial statement with the secretary at least once per year. This memorandum and the City's annual audit report are intended to provide compliance with that requirement. . . The City's Comprehensive Annual Financial Report for the year ended 12/31/2001 reported that the "City established an economic development authority and the first activity occurred in the EDA Project fund during 2001. The EDA project fund loaned $245,000 to the Excelsior Fire District for land acquisition. The EDA project fund balance at year-end 2001 is a deficit $8,342. The EDA has planned to eliminate the deficit with bond proceeds to be received in 2002." The Audit report further comments in the Notes to the Financial Statements that "the Economic Development Authority (EDA) of the City is considered to be a blended component unit and was created pursuant to Minnesota Statutes 469.090 through 469.108 to carry out economic and industrial development and redevelopment consistent with policies established by the Council. It is comprised of the members of the City Council. The EDA activities are blended and reported in a separate special revenue fund. Separate financial statements are not issued for this component unit." The attached financial statements are excerpts from the 12/31/2001 Comprehensive Annual Financial Report and are provided for the convenience of the Commission. 41=3 A STATEMENT OF REVENUE & EXPENDITURES December 31, 2001 REVENUE Taxes Interest Miscellaneous 14 TOTAL REVENUE $ 14 EXPENDITURES General Govt Debt Service Capital Outlay 8,356 TOTAL EXPENDITURES $ 8,356 EXCESS (DEFICIENCY) OF REVENUE OVER EXPENDITURES $ (8,342) SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY 5755 Country Club Road Shorewood, Minnesota 55331-8926 952.474.3236 FAX: 952.474.0128 MEMORANDUM DATE: SUBJECT: EDA Board of Commissioners ^~ Craig W. D. aws.on, Executive DirectoHiV : Bonnie Burton, Assistant Treasurer ~ July 18,2002 Amendment to Reimbursement Resolution TO: FROM: On October 22,2001, the EDA adopted a "reimbursement resolution" for the public safety facilities project. The scope of this type of resolution is very simple and very broad, and is done to comply with Internal Revenue Service regulations regarding the extent to which costs incurred are expected to be covered by the financing issue. Typically, the amount set in the resolution is higher than estimates of project cost, so that an amending resolution is not necessary. The EDA's existing resolution calls for reimbursement of $10 million; at the time of its adoption, the limited information available suggested that the project might be accomplished for $7 - 8 million. The amendment to the resolution would restate the "maximum principal amount of debt for the project" to be $12,365,000, consistent with the cap on project costs approved by the boards and cities. Should there be a need to issue for additional moneys, the resolution will need to be amended again. There is no obligation to issue this amount of financing; it is merely the maximum amount that may be reimbursed through financing issues. RECOMMENDATION: Staff recommends that the Board adopt the Resolution amending Resolution No. 01-001, relating to the amount for certain expenditures to be reimbursed from bond proceeds for the Public Safety Facilities project. 4I:3B CITY OF SHOREWOOD RESOLUTION NO. 02-003 A RESOLUTION DECLARING THE OFFICIAL INTENT OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHOREWOOD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE AUTHORITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. ~ 1.150-2 providing that proceeds of tax~exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and, WHEREAS, the Authority expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a bond; NOW THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHOREWOOD (THE "AUTHORITY") AS FOLLOWS: 1. The Authority reasonably intends to make expenditures for the project described in Exhibit A (the "Project"), and reasonably intends to reimburse itself for such expenditures from the proceeds of debt to be used by the authority in the maximum principal amount described in Exhibit A. 2. The Executive Director is authorized to designate appropriate additions to Exhibit A in circumstances where time is of the essence, and any such designation shall be reported to the board at the earliest practicable date and shall be filed with the official books and records of the authority. 3. This resolution is intended to constitute a declaration of official intent for purposes of Treas. Reg. ~ 1.150-2 and any successor law, regulation, or ruling. APPROVED BY THE BOARD OF COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHOREWOOD this 22nd day of July 2002. ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHOREWOOD, MINNESOTA WOODY LOVE, PRESIDENT ATTEST: CRAIG W. DAWSON, EXECUTIVE DIRECTOR Date of Declaration July 22, 2002 EXHIBIT A TO OFFICIAL INTENT RESOLUTION Description of Proiect Fire & Police Station Project Maximum Principal Amount of Debt for Proiect $12,365,000 SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY 5755 Country Club Road Shorewood, Minnesota 55331-8926 952.474.3236 FAX: 952.474.0128 MEMORANDUM TO: FROM: DATE: SUBJECT: EDA Board of Commissioners u\> CraigW. Dawson, Executive Director July 18, 2002 Annual Meeting -Selection of Officers The By-laws (Section 3.1) require that the Annual Meeting of the EDA occur at 6:00 p.m. on the fourth Monday of July, and State statute requires that an EDA meet at least once per year. Due to the business of the City Council prior to its 7:00 p.m. regular meeting, the EDA annual meeting is rescheduled to immediately follow the Council meeting on July 22. The only business identified that must occur at the annual meeting is the selection of the Vice- President and the Treasurer of the Board. The officers of the board are as follows: . President - shall be the Mayor of the City of Shorewood. Woody Love currently serves in this capacity. . Vice-President - shall preside in the absence of the President and may exercise all powers and perform all. responsibilities of the President if the President cannot exercise or perform the same due to absence or other inability. John Garfunkel currently serves as Vice-President. . President Pro Tem - when the President and Vice-President are absent or unable to be at any meeting, the Board may appoint any remaining Commissioner as President Pro Tern to preside at such meeting. Chris Lizee currently serves as President Pro Tem. . Treasurer - The Treasurer shall receive and be responsible for Authority money, etc., shall file the Authority's fmancial statement with its Secretary at least once a year as set by the Authority, and be responsible for the acts of the Assistant Treasurer. Scott Zerby currently serves as Treasurer. . Assistant Treasurer - shall be the Director of Finance. Bonnie Burton is the Assistant Treasurer. . Secretary - shall be the City Administrator. Craig Dawson is the Secretary. . Executive Director - shall be the City Administrator. Craig Dawson is the Executive Director. . Assistant Executive Director - shall be the Director of Planning. Brad Nielsen is the Assistant Executive Director. The Board needs to select the Vice-President and Treasurer. It may also wish to select the President Pro Tem. =It I..J A SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY 5755 Country Club Road Shorewood, Minnesota 55331-8926 952.474.3236 FAX: 952.474.0128 MEMORANDUM DATE: July 16, 2002 TO: EDA Board of CommissiOIT Scott Zerby, Treasurer 4b fl. ~. Bonnie Burton, Assistant ifreasurer ~ FROM: CC: Craig Dawson, Executive Director and Secretary RE: Intent to Issue Financing Resolution Attached for your review is a 'Resolution Providing for the Issuance and Sale of Public Project Revenue Bonds Series 2002 and 2003'. The resolution states the intent to issue lease-revenue financing: the current schedule 90ntemplates August 29 as the issuance date. This resoh,ltion is a formality in the issuance process and does not obligate the financing to be issued. Bond counsel has advised us that this resolution is not required with lease-revenue financing, however for all other types of bond issues, local units of government must adopt resolutions stating the intent to issue financing within 60 days. The attached resolution therefore allows Shorewood to be consistent with its debt issuance procedures. Also attached is a memo from the EDA's financial advisor Paul Donna, which discusses bank qualification status and its favorable impact on interest rates and related interest costs. Recommended action: Staff recommends approval of the attached Resolution Providing for the Issuance and Sale of Public Project Revenue Bonds Series 2002 and 2003. ~LJB Jur 920 Second A venue South Suite 1400 Minneapolis, MN 55402 A Division of Miller Johnson Steichen Kinnard (800) 950-4666 (612) 370-2940 Fnxffi7?1 ~7n-?c)H E X T ERN A L MEMORANDUM DATE: July 15, 2002 TO: Craig Dawson, Manager Bonnie Burton, Finance Director FROM: Paul R. Donna Juran & Moody RE: Bank-Qualified Tax-Exempt Obligations Basically, bank qualified status broadens the market for the Economic Development Authority by enabling banks to purchase the bonds thereby broadening the market which may result in the achievement of lower interest rates. ~ A tax-exempt bond may be "Bank-Qualified" so long as the City (in combination with any subordinate taxing jurisdictions such as an Economic Development Authority, or debt issued in the City's name by 501c 3 corporations) will not issue more than a total of $10,000,000 in tax-exempt debt during a calendar year. ~ Pursuant to Section 265(b)(3) of the Internal Revenue Code of 1986 bank qualified status enables financial institutions to deduct from income for federal income tax purposes a portion of the interest expense that is allocable to carrying and acquiring tax-exempt obligations. ~ In today's market, the ability to qualify the bonds as "Bank-Qualified" will save approximately .15%, which equates to $298,000 in interest cost on a $12.0 million financing over 20 years. . ......... ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF SHOREWOOD RESOLUTION NO. 02-002 RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF PUBLIC PROJECT REVENUE BONDS (pUBLIC SAFETY PROJECT), SERIES 2002 AND PUBLIC PROJECT REVENUE BONDS (pUBLIC SAFETY PROJECT), SERIES 2003 BE IT RESOLVED By the Board of Commissioners of the Shorewood Economic Development Authority (Authority) as follows: 1. It is hereby determined that: , (a) The Authority is authorized under Minnesota Statutes, Chapters 469 and 475, and Minnesota Statutes 465.71 (collectively, Act) to sell its lease purchase revenue bonds. (b) The Authority has determined to sell its lease purchase revenue bonds to finance the following approximate project costs (Improvements): Proiect Designation & Description: Fire Station (East Side) Fire Station (West Side) Police Station Net Bond Issue Total Project Cost $ 2,060,000 5,060,000 5.245.000 $ 12.365.000 (c) It is necessary and expedient to the sound financial management of the affairs of the Authority to issue its Public Project Revenue Bonds (public Safety Project), Series 2002 in the approximate amount of $ and its Public Project Revenue Bonds (Public Safety Project), Series 2003 in the approximate amount of $ (Bonds) pursuant to the Act to provide financing for the Improvements. 2. Juran and Moody, a division of Miller Johnson Steichen Kinnard, is authorized and directed to obtain proposals for sale of the Bonds for consideration by the Authority. Approved by the Board of Commissioners of the Economic Development Authority for the City of Shorewood this 22nd day of July, 2002. President Attest: Secretary '..- . . POLICIES AND PROCEDURES REGARDING EXCELSIOR FIRE DISTRICT (EFD) SOUTH LAKE MINNETONKA POLICE DEPARTMENT (SLMPD) SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY (EDA) CITIES OF DEEPHA VEN, EXCELSIOR, GREENWOOD, SHOREWOOD, AND TONKA BAY FOR PLANNING AND CONSTRUCTION OF PUBLIC SAFETY FACILITIES FOR THE EFD AND THE SLMPD Roles. Responsibilities. Communications 1) The EFD, SLMPD, and EDA are partners in the development of these facilities, with the support of member cities. 2) The EFD andSLMPD will be the ultimate owners of the facilities, after retirement of the financing. 3) The Shorewood EDA will be the owner of the facilities during the term of financing. 4) The EDA is responsible for the preparation of necessary documents and construction of the facilities to be ratified by the respective EFD and SLMPD Boards. Assigns all rights and responsibilities to the two departments for the construction of facilities. 5) The EFD and SLMPD governing boards will provide direction and must authorize work (e.g., agreements, awarding contracts, change orders) to be accomplished by the EDA prior to EDA action on such matters. 6) The EDA will notify the EFD and SLMPD governing boards of matters that may adversely affect the position of the EDA as owner of the facilities. 7) Communications to the EFD and SLMPD from EDA will be routed through the chiefs. The chiefs will notify their governing boards and, if appropriate, their member cities. Communications to member cities will be routed to the city manager/administrators, who will be responsible for distributing them to their council members. 8) Communications to the EDA from the EFD and SLMPD will be from the chiefs to the executive director. If copies of these communications are necessary to the member cities, the chiefs will be responsible to provide the copies to the city manager/administrators for them to distribute to their council members. 9) The attached Task List serves as the implementation of this Policy and Procedure Statement. Chamze Orders for Construction of the Facilities 1) The EFD and/or SLMPD governing boards will authorize change orders before action is taken by the EDA. 2) The EFD and/or SLMPD governing boards will delegate authority for approving owner initiated change orders to their respective chiefs, provided that: a) The sum of the items included in the change order does not exceed $5,000, either in additional costs or savings. b) Individual itemsin change orders do not exceed $5,000. c) Total amounts for all change orders do not exceed $15,000 for a one-month period. d) Changes would not result in the need to seek an amendment to the Conditional Use Permit or Special Permit for the facilities. 3) Field changes up to $20,000 may be decided by the Police Chief and Fire Chief with the Board chairs. Emergency board meetings shall be held in such an event.