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01-24-11 WSCOUR, ACRTHUR PLLP & RUPPE Me -Elio TO: Otsego City Council From Andy MacArthur, City Attorney CC: Mike Robertson, Gary Groen, Dan Licht, Ron Wagner Date: January 19, 2011 Re: Reduction of Interest Rate, County 42 Assessment Attached to this memo are documents related to the proposed reduction by the Council of the interest rate on assessments for the County 42 project in 2007. It has been determined through conversations with the City bond counsel, Mary Ippel of Briggs and Morgan, that the interest rate cannot be reduced on any certain portion of the assessed properties, such as deferred assessments, but if reduced must be done uniformly across all affected properties. In order to avoid any problems with changing the assessment that could be raised with a reassessment of the property or other public action subject to appeal, the staff recommends that no action be taken by the Council until such time as the affected property owners have been notified of the proposed change, agree to the change and each and every one of them has executed the attached waiver form. This document waives any and all procedural rights, any right to public hearings and any right to appeal the Council action. I have also drafted a form letter to the property owners explaining the proposed Council action and the necessity to sign the waiver provided. This letter and the waiver forms will be sent to all affected property owners once they are approved by the council. Ron will provide the Council information related to the effect of the proposed interest rate reduction on various properties. Also attached to this memo is a proposed resolution setting forth reasons for the reduction in interest rate which include the fact that the project was petitioned for only by a percentage of the property owners, the economic changes that have delayed the anticipated development of the assessed properties as well as the fact that many of the affected properties remain zoned agricultural. These unique factors do not provide any precedent for reduction of assessments for other assessed properties in the City. Normally, refinancing of bonds for a lower interest rate does not cause a reduction in assessment interest rates. The attached documents are for Council review and consideration at the scheduled workshop meeting on January 24. City staff will be present at that meeting to answer any questions. Dear Property Owner; The City of Otsego has recently refinanced bonds issued by the City to pay for improvements to CSAH 42 which were made just prior to construction of the Target Store in Great River Centre. The refinancing of the bonds has resulted in a lower interest rate. The interest rate on the initial bond was _%. Your property was assessed for the improvements at a rate of _%. The City would like to pass these savings in interest rate to the assessed property owners. The change in interest rate would be for 2011 and would show up on the 2012 assessments. Reduction of the interest rate for an already completed improvement is not normally done, even when bonds are refinanced. The City Council has authorized this reduction in interest on the assessment only if all affected property owners sign off on the change and execute the enclosed Waiver of Assessment Appeal. In order to facilitate the reduction in interest rate the City needs to reassess the property which normally requires a public hearing and adoption of a new assessment roll. The enclosed waiver form waives the City's requirement to hold the hearing and further waives any right of appeal to the reassessment. Without this waiver the City will not proceed to reassess the property and reduce the interest rate on the assessment. This cover letter and the attached Waiver form are currently being sent to all affected property owners currently owing assessments on the property. Once the City receives all executed waivers the Council will place on its agenda a Resolution reassessing the property and reducing the interest rate going forwards. If you have any questions regarding this letter or the waiver form please feel free to call the city Finance Director, Gary Groen at the Otsego City Hall at 441-4414. Very truly yours, DRAFT- January 20, 2011 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA WAIVER AND RELEASE OF PROCEDURES AND WAIVER OF RIGHT OF APPEAL The undersigned Owner of that property identified as PID in the City of Otsego, Wright County, Minnesota was previously assessed for Otsego City Project No. , improvements to County State Aid Highway 42 in the amount of $ at an interest rate of %. WHEREAS, the City has refinanced the bonds on the above mentioned project at a lower interest rate; and, WHEREAS, the City desires to adjust the ongoing assessments on the project for all affected property owners to decrease the rate of interest on the pending assessments effective for 2011 taxes payable in 2012 and each year of the assessment or deferred assessment going forward; and, WHEREAS, in order to implement the reduction in the interest rate the City requires that all affected property owners waive the procedural requirements, hearings and any right of appeal for a reassessment of the property at the original principal amount but at the lower interest rate; and, WHEREAS, in order to induce the City to lower the interest rate on the assessments Property Owner agrees to the following conditions. NOW THEREFORE, Owners of that property identified as PID previously assessed for the Project agree as follows: 1. Property owner agrees to the reduction in interest rate as proposed. 2. Property Owner waives any irregularities in procedure and waives any and all hearings if necessary for a reassessment of the property at the original principal amount but at the lower interest rate. 3. Property owner waives any and all right of appeal to a reassessment of the property under Minnesota Statute 429.081 or otherwise. Dated: PROPERTY OWNER DRAFT- January 18, 2010 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION ADOPTING REVISED ASSESSMENT ROLL MODIFYING INTEREST RATE ON ASSESSMENT FOR OTSEGO CITY PROJECT NO. IMPROVEMENTS TO COUNTY ROAD 42 RESOLUTION NO. WHEREAS, the City of Otsego has previously assessed benefited properties for improvements to County Road 42 identified as Otsego City Project No._; and WHEREAS, many of the assessments on the Project are deferred until rezoning and development of the property; and WHEREAS, the Project was initiated by Petition of the owners of Great River Centre, and not by 100% of the affected property owners; and WHEREAS, the City has refinanced the bonds related to this project resulting in a reduction of the interest rate on the City's bonds; and WHEREAS, commercial development within the Project area has slowed as a result of the economy, delaying possible development of properties within the Project area; and WHEREAS, due to the unique nature of the assessment on this property the City Council wishes to pass on savings from reduction in interest payments to the assessed property owners; and WHEREAS, all affected property owners have received and executed waivers of procedures and appeals relative to the proposed Council action. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota as follows: 1. That the interest rate for the assessments for those improvements for City of Otsego Project No. is hereby reduced from 5.5% to % effective January 1, 2011. 2. That City staff are directed to take all necessary steps to effectuate the reduction in interest rate including, but not limited to, recertification of the revised assessment roll to Wright County. ADOPTED this day of February, 2011 by the Otsego City Council. IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk 2 CSAH 42/PARRISH AVE RECONSTRUCTION Property Owner PID 5.5% Interest 5.0% Interest 0.5% Savings 4.5% Interest 1.0% Savings 4.0% Interest : -1.5% Savings Appello Group 118-239-000090 $129,475.76 $121,718.32 $7,757.44 $113,960.87 $15,514.89 $106,203.42 $23,272.3 Appello Group 118-252-002010 $84,852.34 $79,768.48 $5,083.86 $74,684.61 $10,167.73 $69,600.74 $15,251.60 Appello Group 118-252-003010 $73,612.95 $69,202.48 $4,410.47 $64,792.02 $8,820.93 $60,381.55 $13,231.40 Appello Group 118-252-003020 $44,942.38 $42,249.el $2,692.69 $39,557.00 $5,385.38 $36,864.31 $8,078.07 Appello Group 118-252-004010 $141,071.78 $135,439.83 $5,631.95 $126,807.87 $14,263.91 $118,175.91 $22,895.87 Appello Group 118-266-000010 $180,421.65 $164,019.68 $16,401.97 $147,617.71 $32,803.94 $131,215.74 $49,205.91 Bank Of Elk River 118-057-001010 $8,710.17 $8,204.47 $505.70 $7,698.77 $1,011.40 $7,193.07 $1,517.10 Brunswick Otsego LLC 118-257-000010 $4,585.71 $4,319.47 $266.24 $4,053.23 $532.48 $3,786.99 $798.72 Brunswick Otsego LLC 118-257-000020 $3,956.52 $3,726.81 $229.71 $3,497.10 $459.42 $3,267.39 $689.13 Brunswick Otsego LLC 118-257-001010 $4,632.74 $4,363.77 $268.97 $4,094.80 $537.94 $3,825.83 $806.91 Brunswick Otsego LLC 118-257-001020 $3,425.85 $3,226.95 $198.90 $3,028.05 $397.80 $2,829.15 $596.70 Christ Lutheran Church 118-059-000020 $33,448.63 $30,181.11 $3,267.52 $27,043.77 $6,404.86 $24,030.55 $9,418.08 Christ Lutheran Church 118-059-001010 $46,580.06 $43,152.31 $3,427.75 $39,745.98 $6,834.08 $36,360.89 $10,219.17 Coles & Mathison 118-500-221202 $40,148.16 $36,226.18 $3,921.98 $32,460.45 $7,687.71 $28,843.70 $11,304.46 CP Otsego Partners LLC 118-262-000010 $25,110.55 $22,827.77 $2,282.78 $20,544.99 $4,565.56 $18,262.22 $6,848.33 Crag Enterprises LLC 118-096-001040 $9,166.95 $8,634.73 $532.22 $8,102.51 $1,064.44 $7,570.29 $1,596.66 Flemmer 118-500-221207 $40,148.16 $36,226.18 $3,921.98 $32,460.45 $7,687.71 $28,843.70 $11,304.46 Lefebvre 118-500-221301 $703,761.77 $635,245.46 $68,516.31 $569,421.91 $134,339.86 $506,165.61 $197,596.16 Mayimy LLC 118-096-001010 $6,313.19 $5,945.08 $368.11 $5,576.96 $736.23 $5,208.85 $1,104.34 Neibling 118-500-221203 $23,377.91 $20,826.91 $2,551.001 $18,373.63 $5,004.28 $16,013.51. $7,364.40 $132,237.551 $264,220.5 $393,099.81 * Differed Assessment Until Development - Assumes 2022 is 1st year of assessment Gary Groen From: Gary Groen Sent: Tuesday, January 18, 2011 11A6 AM To: 'Andy MacArthur'; Susan Frisch; Mike Robertson; 'D. DANIEL LICHT' Subject: Cash Flow Summary for Waterfront East Attachments: WFE combinedanalysis.xlsx Andy, Attached with this transmittal is the cash flow update for Waterfront East (WFE). This was completed after the meeting we had with LOC (Letter of Credit) holders and the draft agreement regarding WFE. The attached worksheet has column headings numbered 1 thru 11. 1 will briefly describe each. If you would forward this to the attorney and LOC parties for our conference call tomorrow, they would have an opportunity to review the information and raise any questions they might have at that time. The cash flow analysis assumes no assessments are collected on WFE and the LOC banks will make payments necessary (Column 9) for the City to maintain the balance necessary to make annual payments for debt service. Columns 1 and 2 are the total principal and interest due on the two bond issues that financed the infrastructure in WFE. Both bond issues also financed other projects. The 2005 bond issue financed WFE and Mississippi Shores. The 2007 bond issue financed Quantrelle North (part of WFE) and 88`h Street improvements. The reason that I note the other projects is because the assessments to be collected on the "other" projects is included in the analysis in the revenue columns 3 - 6. Column 3 is the assessments to be collected from 88`h street improvements. Those project costs were included as part of the 2007 bond issue. This is the assessments to be collected from 88`h street only. The assessments due from the other portion of the project (Quantrelle North in WFE) are not included. Column 4 is not included as the assessments will not be collected currently but the LOC banks will make the payment necessary in column 9 to maintain the cash flow of the City's debt service fund. Column 5 represents the assessments that will be collected from properties in Mississippi Shores. The cost of their . improvements were financed by a portion of the 2005 bonds. The assessments due in this column do not include any of the assessments due from the LOC banks on the WFE assessments. Column 6 represents the one payor in WFE currently paying assessments. The special assessments of the other two buildings in WFE were prepaid by MinnWest Bank in December. This represents only the assessments being paid by the remaining building owner in WFE. Column 7 is the total assessments to be collected for all projects financed by the 2005 and 2007 bond issue EXCEPT for the assessments due from LOC banks. Column 8 indicates the improvement projects financed by the 2005 and 2007 bond issue did not anticipate the City would be required to levy any property taxes for the repayment of these two bond issues. Column 9 becomes the LOC banks obligation going forward in 2011 through 2019. 1 did not extend the schedule beyond 2019 as I assume and hope these assessments are paid up long before the City and LOC banks get this far down the road on this schedule. The amount of the LOC bank payments provides the money necessary to cash flow the City's debt service obligations. It coincidentally matches very close to the assessments due on WFE thru 2019. 1 have scheduled the actual assessments due on WFE thru 2019 on page two. Column 10 is to indicate that there were no resources necessary to finance the project other than the assessments against the benefitting properties. Lastly, column 11 is the cumulative cash balance in the debt service fund for the two bond issues. The positive balance results from MinnWest Bank prepaying assessment totaling over $300,000 in December of 2010. Andy, I hope this explanation of the attached worksheet is helpful in your review for tomorrow's conference call. Gary Groen Finance Director for the City of Otsego City of Otsego Waterfront East/Mississippi Shores - 2005B Analysis of Debt Service Fund and Required City Contributions Page One 10 11 Available Other Cash Sources Balance Totals $ 3,084,268 $ 674,200 $ 479,503 $ 106,125 $ 839,073 $ - $ 2,072,180 $ No city-wide general property tax levy is necessary to finance this bond issue Special assessments prepaid on the two buildings in WIFE in December, 2010 (Reason for positive cash balance at 12/31/10) 103,805 0 0 0 (0) (0) (0) (0) (0) 0 (254,194) (498, 713) (548,388) (596,263) (647,338) (696, 388) (743,410) (743,410) (743,410) 1 2 3 4 5 6 7 8 9 Scheduled 2005B Bonds 2007 Bonds 2007 Bonds 2005 Bonds Total Tax Levy LOC/ Total Total 88th Str. Quantrelle Miss. Waterfront Assessment City Bank Year Debt Service Debt Service (Friendship (WFE) Shores East Collections Contribution Contribution (Only 1 payor) 2010 - - 2011 248,744 113,600 32799 0 60,694 14,008 107,500 - 151,039 2012 257,744 115,000 31639 0 58,840 13,454 103,932 - 268,812 2013 261,144 116,200 30480 0 56,986 12,900 100,366 - 276,978 2014 254,144 112,200 29320 0 55,132 12,346 96,798 - 269,546 2015 272,144 113,200 28160 0 53,278 11,792 93,230 - 292,114 2016 264,144 104,000 27001 0 51,424 11,238 89,663 - 278,481 2017 256,144 25842 0 49,570 10,684 86,096 - 170,048 2018 262,894 24682 0 47,716 10,130 82,528 - 180,366 2019 263,756 23522 0 45,863 9,576 78,960 - 184,796 2020 254,194 0 0 - - - - 2021 244,519 0 0 - - - - 2022 49,675 0 0 - - - - 2023 47,875 0 0 - - - - 2024 51,075 0 0 - - - - 2025 49,050 - - - 2026 47,022 - - - 2027 - - - 10 11 Available Other Cash Sources Balance Totals $ 3,084,268 $ 674,200 $ 479,503 $ 106,125 $ 839,073 $ - $ 2,072,180 $ No city-wide general property tax levy is necessary to finance this bond issue Special assessments prepaid on the two buildings in WIFE in December, 2010 (Reason for positive cash balance at 12/31/10) 103,805 0 0 0 (0) (0) (0) (0) (0) 0 (254,194) (498, 713) (548,388) (596,263) (647,338) (696, 388) (743,410) (743,410) (743,410) City of Otsego Waterfront East Special Assessments Due By Year Page Two 2011 2012 2013 2014 2015 2016 2017 2018 2019 $ 268,908 258,561 248,214 237,867 227,520 217,174 206,827 196,480 186,133 $2,047,683 DRAFT JANUARY 20, 2011 CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA AGREEMENT BETWEEN THE CITY OF OTSEGO AND THE BANK OF IOWA AND GLENWOOD STATE BANK RELATIVE TO WATERFRONT EAST, CITY OF OTSEGO, WRIGHT COUNTY, MINNESOTA AGREEMENT entered into this _ day of , 20] _-between the City of Otsego,.a Deleted: o _ _ municipal corporation under the laws of the State of Minnesota, (CITY) and BankJowa, Deleted: oe a bank corporation under the laws of the State of Iowa and the Glenwood State Bank, a bank corporation under the laws of the State of Minnesota (collectively, both of the foregoing banks, "BANK"). WHEREAS, BANK has and will continue to have an interest in certain real property ("PROPERTY")within the CITY identified as WATERFRONT EAST (which includes WATERFRONT EAST, WATERFRONT EAST'SECOND ADDITION, and WATERFRONT EAST THIRD ADDITION excluding Outlot M, OTSEGO WATERFRONT EAST, Building B: LOT 1, BLOCK 1, WATERFRONT EAST IST ADDITION and Building E: LOT 1, BLOCK 1 OTSEGO WATERFRONT _SECOND Deietea: -- ADDITION ) and the PROPERTY has been foreclosed' upon by a third party holding a first mortgage ("First Mortgagee")onthe PROPERTY;; and WHEREAS, said PROPERTY is subject to a developer's agreement and addendums thereto, dated December 20, 2004 May 9 2005 July 31, 2006 and October 29, 2007, between the CITY and PROPERTY'S previous Owner, Land Funding I, LLC ("Developer's Agreement"); and WHEREAS, pursuant to the Developer's Agreement, CITY undertook and did construct certain public improvements including streets, sanitary sewer, waterlines and storm sewers with respect to the Property; and WHEREAS, pursuant to the Developers Agreement and petition, waiver of hearings and waiver of appeal included therein the CITY has assessed the costs of the above improvements against the Property in a total amount of $21014,946.00; and WHEREAS, the CITY did issue its General Obligation Improvement Bonds in 2005 and 2007 to pay for the costs of said improvements within WATERFRONT EAST; and WHEREAS, further pursuant to the Developers Agreement, a Letter of Credit was posted in the amount of $ 1,630,000.00 to insure that timely payment of installments of the jassessments were made to insure the CITY's ability to make debt service payments Deleted: Letter of Credit - --------------------------------------------------- on the bonds; and WHEREAS, BANK has issued a Letter of Credit under the Developer's Agreement as specifically set forth in the Letter of Credit and the other agreements between Bank Iowa and Glenwood State Bank; and WHEREAS, the assessments currently due and owing for 2008 taxes payable in 2009 in the amount of $ 216,098.00 and 2009 taxes payable in 2010 have not been paid in the amount of $ 286,513.00and continue to accrue penalties and interest; and WHEREAS, failure to timely pay the assessments is a default in that Developers Agreement between the CITY and Land Funding I, LLC, and will become the obligation of others who come into title of the Property; and WHEREAS, in light of the default of payment of assessments, the CITY, but for this Agreement, would have the right to collect on the current Letter of Credit issued by BANK in order to pay off debt incurred by CITY in constructing the public improvements within WATERFRONT EAST; and WHEREAS, the parties have met and tried to work out an Agreement which would act to fund City debt service while not defaulting BANK and others under the Developer's Agreement. NOW, THEREFORE the Parties agree as follows: 1. In the event that the assessments currently delinquent for both 2008 payable 2009 ($ 216,098.00) and 2009 payable 2010 ($ 286,513.00) (including interest and penalty) are not paid at the end of the redemption period with respect to the Deleted: need current foreclosure by the First Mortgagee or others in amounts necessary for "' Deleted` for -- CITY to pay off deficiencies on debt service on the General Obligation Bonds, ' - Deleted` the and after CITY has made legal demand on First Mortgagee for payment of such ';'. Deleted: advanced assessments, BANK will, upon 10 days notice from CITY of the same, forward - . Deleted: the bank to the CITY funds sufficient to pay the deficiencies in such amounts'As required ;'.''!-' • Deleted: city _ b the he city jo meet jts bond payments The money laid by ank pursuant to this �_... `Deleted: the banks Agreement to the,CITY for bond pa, meats shall be refunded to�ANK by the______, Deleted: city CITY when the assessments arepaid and the moneyis s forwarded to the City Deleted; an such payments shall be 2. To the extent that sufficient assessments are not received by the CITY from the applied against the Letter of Credit so First Mortgagee or others who may subsequently acquire an interest in the Y 9 Y 9 reduce the amount potentially owed under the same, to the extent that the total of PROPERTY to cover the CITY'S annual debt service on the General Obligation said payments reduces the total amount of Bonds with respect to the December 2010 payment and going forward, and after city debater o Credit a below the posted Letter of Credit amount of $ 1,630,000.00. 2 4. 5. 6. 7 8. CITY has made legal demand for the same on the First Mortgagee or others who subsequently acquire an interest in the PROPERTY, BANK will make payment to CITY twice a year --on June 1 and December 1 -- sufficient for the CITY to cover such deficiency on such debt service payments_ Any funds,paid by BANK _ { payments balan pursuant to this Agreement to the CITY for bond payments shall be refunded to ��, applied amst the anding under the Letter of Credit once the total the AN by the C TY when the assessments are aid and the money is actuall �' amount of City debt service owed falls ------�------------------ - received by the CITY. CITY will provide BANK with the amount necessary f01 1'r;•• 4 belowtIt sted Letter of Credit amount. Prior to each such year, debt service payment each June l and December 1 andYimel inform BANK of y . -.... - Deleted: The money any failure of First Mortgagee or other owners in the Property to timely pay ;,,,,',;,,• Deleted: advanced assessments with respect to the PROPERTY. p 4 ''''• '• Notwithstanding anything to the contrary in the Letter of Credit, the Development Deleted: the b Agreement or any related agreement, provided that the BANK complies with this Deleted: dolt Agreement, CITY will not draw on the Letter of Credit or any replacement, �''�;;'; Deleted: c extension or renewal thereof. Deleted: iry BANK, will, until the earlier of receipt by the CITY of. (a) payments from BANK Deleted: b of the face amount of the Letter of Credit or (b) payment of assessments with Deleted: and s respect to the PROPERTY that would otherwise release BANKS' obligations Deleted: c under the Letter of Credit, BANKS will keep in place a Letter of Credit, subject to Deleted, ity e: reductions in the face amount to the extent that BANKS make any payments to a yearly schedule the CITY which are notreturned to the MNKasassessment payments are d:made.and collected by City _d: forAny amounts paid by the BANK under this Agreement, the Letter of Credit or ; , of anticipated payments rvice as well as any related agreement, shall be reimbursed to BANK at such time as CITYd. 1iactually receives the delinquent assessment payments from the responsible party.Reimbursement andt bCITY lit. by CITY will be limited to the amount actually received by thed: from BANK. ed. ata`Payments made by BANK to CITY from time to time to assure payment of CITY ed: payments of debt service shall not be considered a loan to the CITY, but rather the payment of ed: which would reduce the City's ongoing contractual obligation which is subject to reimbursement. The CITY has ligation below the total amount of taofcreait. no oblgation to make interest payments to BANK on any money paid by BANK Deleted: This is not the interest pursuant to this Agreement and subsequently reimbursed by the CITY. obligation on this payment of money Nothing in this Agreement or otherwise, shall be deemed to hinder or otherwise under this agreement prohibit BANK'S rights and claims to pursue collection, in connection to amounts Deleted: paid by BAND, or which BANK may be obligated to_pay to CITY relating to this Deleted: s _� Agreement, the Letter of Credit, the Developer's Agreement or otherwise, against Deleted: s the First Mortgagee or any other person or entity who claims or may later claim an interest in the PROPERTY t - - Formatted: Indent: Left: ,This agreement shall be in effect until such time as BANK has made payments Deleted: subject to reimbursement to the extent of its obligation under the Letter of Credit or -December 31 2013 whichever occurs last unless amended or cancelled -------- Deleted: 12-31.201s . by the CITY and BANK. In the event that it appears that the Agreement will extend beyond December 31 2013 the parties will meet prior to that date to discuss the Agreement and possible modifications to the Agreement. ------I Formatted: Indent: Left: 0.25" 9. CITY and BANKLeprq5 . . Deleted: The ��ntafives shall meet year .... ---- ------------- review,�py matters coiicemin(,Y-this -ate-eenient.-------------- ---------------------------- Deleted: for Deleted: of 10. If at any time in the future part or all of they etter of,q redit is drawn on by CITY� Formatted: Indent: Left: 0.25" ;he CITY shall still be -obligated to reimburse Bank for any payments made by__ Deleted: I BANK in compliance with this Agreement. Deleted: c fDeleted: the.am. amount will be repaid to the bank as they have said to the CITY under this agreement Dated: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk Dated: GLENWOOD STATE BANK By: Its Dated: BANK OF IOWA 4 By: Its