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HomeMy WebLinkAbout9C Welcome Ave Funding Approval Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: FEBRUARY 22, 2016 AGENDA #: 9C PREPARED BY: DON URAM, FINANCE DIRECTOR KATY GEHLER, PUBLIC WORKS & NATURAL RESOURCES DIRECTOR PRESENTED BY: DON URAM AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING FINAL FUNDING FOR THE WELCOME AVENUE INDUSTRIAL PARK IMPROVEMENT PROJECT, CITY PROJECT #12-102 DISCUSSION: Introduction During the process of closing the financial records for 2015, various operating transfers are necessary to account for the funding of construction projects. These transfers need to be acted on by the City Council before the proceeds can be transferred to specific funds. The purpose of this agenda report is to consider a resolution for the final funding of the Welcome Avenue Industrial Park Improvement Project. The work associated with this project is fully complete. Additionally, the City has received a final decision from the Minnesota Court of Appeals indicating they would not hear an appeal of the Scott County District Court’s ruling on two property assessments. History On May 28, 2013 the City Council adopted the assessment roll for the Welcome Avenue Industrial Park Improvements. The City received two objections to the assessments which were later filed with the Scott County District Court. These objections included real property located at 6000 Credit River Road SE, also known as the Prior Lake Mini Storage and 16801 Industrial Circle SE, also known as Prior Lake Machine. On May 20, 2014 the Court issued an order in the case of Prior Lake Mini Storage v. City of Prior Lake, which required that the original assessment amount of $375,000 be withdrawn, and that the City reassess this parcel in the amount of $52,000. The City appealed this decision to the state court of appeals. On August 22, 2014 the Court issued an order in the case of Archie J Pavek, Trustee for the Archie J. Pavek Revocable Trust v. City of Prior Lake, which required that the original assessment of $76,479 be withdrawn, and that the City reassess this parcel in the amount of $24,829.The City also appealed this decision to the state court of appeals. 2 On February 23, 2015, a closed executive session was held to discuss the status of the two special assessment appeals and the potential financial impact. On January 12, 2015, the City held a public hearing and approved a resolution reassessing the Prior Lake Mini Storage Parcel. On October 26, 2015, the City held a public hearing and approved a resolution reassessing the Pavek Parcel. The Minnesota Court of Appeals has issued their decision on bothappeals upholding the decision of the Scott County District Court. Current Circumstances Staff has identified the final funding needs for this project as follows: Construction Fund (Fund 501): Total project costs are $2,725,569. Staff has detailed below the unplanned costs and the final transfers to be made for this project in order that it will be fully funded in light of the reassessments required by the courts. 12,139 159,257 Assessment appeal for two properties 171,396 271,014 Transfers for final contract costs 442,410 Total Condemnation of two properties for right-of-way purposes. Subtotal unplanned professional services costs Staff recommends final funding of the project costs by the transfer of dollars into the Construction Fund as follows: Fund Amount Water Fund 402,410 Water Quality Fund 40,000 Total $ 442,410 Savings from the 2015 water projects will cover the transfers as noted above. Funding from these sources are appropriate as the final project included extension of water in compliance with the Wellhead Protection Plan (Water Fund) and flood mitigation for Markley Lake (Water Quality Fund). The capital project transfers for professional services have been previously approved by Council through the Capital Improvement Plan process when the funding sources for construction projects are identified. However, the resolutions authorizing the professional services contracts, inadverdantly, did not specify the transfers for these costs. Staff is detailing the funding here, so we have a resolution documenting approval of the transfer for final contract costs. 3 Debt Service Fund for 2013 Bond Issue (Fund 560-Welcome Ave): This project included a tax levy and special assessment component for a total of $1,122,112. However, the funding for debt service was reduced by a total of $497,740, (principal of $374,650 and estimated interest of $123,090), due to Court ordered special assessment reductions as shown below: Original Council Approved Assessment Final Court Ordered Assessment Additional Debt Service Funding Needed Minstorage 375,000 52,000 323,000 Pavek 76,479 24,829 51,650 Total Assessment 451,479 76,829 374,650 Minstorage 128,890 17,873 111,017 Pavek 17,877 5,804 12,073 Total Interest 146,767 23,677 123,090 Grand Total 598,246 100,506 497,740 The estimated funding needed by assessment type is shown below: Original Council Approved Assessment Final Court Ordered Assessment Additional Debt Service Funding Needed Street/SW: Ministorage Assessment 179,000 24,821 154,179 Interest 41,841 5,802 36,039 Pavek Assessment 76,479 24,829 51,650 Interest 17,877 5,804 12,073 315,197 61,256 253,941 Water/Sewer: Ministorage Assessment 196,000 27,179 168,821 Interest 87,049 12,071 74,978 283,049 39,249 243,799 598,246 100,505 497,740 Street/SW Subtotal Water/Sewer Subtotal Grand Total 4 Staff recommends funding the 2013 bond issue Debt Service Fund 560 as follows: Assessment Fund Amount Street/SW Debt Service Tax Levy The annual debt service tax levy would be approximately $36,277 for seven years, beginning in 2017. Total debt service over the remaining assessment period would be $253,941 Water/Sewer Water Fund $243,799 Conclusion The two objections to the project special assessments resulted in unanticipated costs in the construction fund, and a debt service funding shortfall that need to be addressed. Typically construction projects have multiple funding sources, which makes it necessary to perform transfers between funds to the make the project funding whole. Staff recommends final funding of the project costs and debt service as outlined above. ISSUES: The transfers to the Construction Fund and Debt Service Fund need to be approved by the City Council before the proceeds can be transferred to the specific funds. The proposed debt service funding also needs to be approved by the City Council before Staff can incorporate it into the debt service budget. ALTERNATIVES: 1. Approve a resolution authorizing the transfer of funds and debt service funding. 2. Deny this item for a specific reason and provide Staff with direction. RECOMMENDED MOTION: Staff recommends Alternative #1. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 16-XXX A RESOLUTION APPROVING WELCOME AVENUE IMPROVEMENT PROJECT FINAL FUNDING Motion By: Second By: WHEREAS, The City Council ordered improvement project #12-002, the Welcome Avenue Industrial Park Improvements. WHEREAS, The City Council adopted the assessment roll for the Welcome Avenue Industrial Park Improvements. The City received two objections to the assessments which were later filed with the Scott County District Court. WHEREAS, WHEREAS, The Scott County District Court issued an order in each case which required that the original assessment be withdrawn, and that the City reassess the parcels pursuant to Minn. Stat. § 429.071. On January 12, 2015, the City held a public hearing and approved a resolution reassessing the Prior Lake Mini Storage Parcel. On October 26, 2015, the City held a public hearing and approved a resolution reassessing the Pavek Parcel. WHEREAS, The City appealed the Scott County District Court decision. Minnesota Court of Appeals has issued their decision on the appeals upholding the decision of the Scott County District Court . WHEREAS, The two objections to the project special assessments resulted in unanticipated costs in the construction fund, and a debt service funding shortfall that need to be addressed. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The transfer of funds into the Construction Fund (501-43500.00 project TRN13-000004) is hereby authorized to be made from the Water Fund in the amount of $402,410 and from the Water Quality Fund in the amount of $40,000, effective December 31, 2015. 3. Funding of the 2013 Bond issue debt service in Fund 560, due to the Court Ordered reduction in Water/Sewer special assessments is hereby authorized to be made from the Water Fund in the amount of $243,779, at the time of the next debt service payment. 4. Funding of the 2013 Bond issue debt service shortfall in Fund 560 of $253,941, due to the Court Ordered reduction in Streets/Storm Water special assessments, is hereby authorized to be made by debt service tax levy, and will be incorporated into the the annual debt service budget. N:\City Council\Resolutions\2016\Welcome Ave Imrpovement Project Final Funding Resolution.docx 2 PASSED AND ADOPTED THIS 22th DAY OF February 2016. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager