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City of <br /> Elk Request for Action <br /> River <br /> To Item Number <br /> Mayor and Council 7.2 <br /> Agenda Section Meeting Date Prepared by <br /> Public Hearinj Aril 21, 2014 Tim Simon, Finance Director <br /> Item Description Reviewed by <br /> Spectrum School Project Cal Portner, City Administrator <br /> • Resolution Giving Host Approval to the Reviewed by <br /> Issuance of Charter School Lease Revenue <br /> Bonds <br /> • Agreement for Payment in Lieu of Fees <br /> Action Requested <br /> • Approve,by motion,a resolution granting host approval to the issuance of charter school lease <br /> revenue bonds under Minnesota Statutes,Sections 469.152 through 469.1651. <br /> • Approve,by motion,an agreement for Payment In Lieu of Fees. <br /> Background/Discussion <br /> On March 17, 2014, at the City Council Work Session, the Council reviewed the request by Spectrum <br /> High School for a Host Approval Agreement. <br /> Spectrum High School currently owns a building at 17796 Industrial Circle NW. The school is looking at <br /> purchasing a number of the units at 11044 Industrial Circle NE. <br /> Because the city is anticipating issuing General Obligation Sewer Revenue bonds as tax-exempt financing <br /> in 2014,we are not able to issue the amount of conduit bonds needed without exceeding our $10 million <br /> bank-qualified limit. As was the case in 2012,Anoka County has given preliminary approval to issuance <br /> of conduit bonds on their behalf. <br /> Per state and federal law, the governmental entity with jurisdiction over the project site must hold a <br /> public hearing and give approval to the issuance of the bonds even if the bonds are issued by another <br /> issuer. The city, county, and state meet the host jurisdiction requirement. Holding a public hearing as a <br /> host assumes no risk to the city with regard to bonds or the bonding process. <br /> The attached agreements have been reviewed by the City's bond attorney. <br /> Financial Impact <br /> The School has proposed a lump sum Payment In Lieu Of Fee (PILOF) in the amount of$56,043 due <br /> within 10 days of receiving the property tax exemption from Sherburne County. The funds will be <br /> released from escrow once the property tax exemption is received from the county. The amount was <br /> determined based on city taxes for a low-grade office on a typical flex building over a 4-year period, <br /> consistent with the 2012 agreement. The agreement does not waive any future fees the school might <br /> incur. <br /> P a w E R E U 6 Y <br /> NaA f RE] <br />