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HomeMy WebLinkAbout2017-04-24 City Council Workshop PacketPPLLEEAASSEE NNOOTTEE SSTTAARRTT TTIIMMEE RULES OF CIVILITY FOR THE CITY COUNCIL, BOARDS, COMMISSIONS AND OUR COMMUNITY Following are rules of civility the City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Speak only for yourself, not for other council members or citizens - unless specifically tasked by your colleagues to speak for the group or for citizens in the form of a petition. Show respect during comments and/or discussions, listen actively and do not interrupt or talk amongst each other. Be respectful of the process, keeping order and decorum. Do not be critical of council members, staff or others in public. Be respectful of each other’s tim e keeping remarks brief, to the point and non-repetitive. AGENDA MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:30 P.M. Monday, April 24, 2017 City Hall, Council Chambers A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. UNFINISHED BUSINESS None E. NEW BUSINESS 1. Rush Line Corridor Update 2. Financial Policies F. ADJOURNMENT THIS PAGE IS INTENTIONALLY LEFT BLANK MEMORANDUM TO: Melinda Coleman, City Manager FROM: Michael Thompson, Director of Public Works DATE: April 17, 2017 SUBJECT: Rushline Corridor Update Introduction The City Council will receive an update on the Rushline Corridor project. Background / Discussion Ramsey Council Regional Rail Authority staff will be presenting the progress to date including the proposed locally preferred alternative and upcoming critical dates. Budget Impact None. Recommendation Information item only. Attachments 1.Policy Advisory Committee Public Hearing Flyer 2.Power Point Presentation E1 Workshop Packet Page Number 1 of 96 NEIGHBORHOOD FOCUSED OPEN HOUSES 5:00 p.m. | Open House • Learn about the recommended route, selection process and next steps • Talk with project team members 6:00 p.m. | Presentation • Hear an overview of the project and details on the draft locally preferred alternative 6:30 p.m. | Public Hearing • Provide comments and questions to the Policy Advisory Committee and for the public record SCHEDULE CAN'T ATTEND? View materials on www.rushline.org Comments on the draft locally preferred alternative will be accepted until May 4, 2017. Thursday, April 27, 2017 5:00 - 8:00 p.m. Our Redeemer Lutheran Church 1390 Larpenteur Ave. E, St. Paul Accessible by bus route #64 Dedicated Bus Rapid Transit (BRT) from Union Depot in St. Paul to White Bear Lake, generally along Phalen Blvd, Ramsey County Regional Railroad Authority right-of-way (Bruce Vento Trail) and Hwy 61, is being recommended as the draft locally preferred alternative for the Rush Line Corridor (see map on back). The Policy Advisory Committee is hosting an open house and public hearing to provide information and collect input. OPEN HOUSE + PUBLIC HEARING Upon request, RCRRA will provide reasonable accommodations to persons with disabilities or interpreters at the public meeting. Please submit such requests by April 18, 2017: info@rushline.org • 651-266-2760 Si necesita esta información traducida en español, llame al 651-266-2760 Yog hais tias koj xav kom muab txhais ua ntawv Hmoob hu rau tus xov tooj 651-266-2760 Haddii aad dooneyso in middaan laguugu tarjumo Af Somali, la soo xiriir 651-266-2760 Sign up for email updates. Provide comments. Ask questions. Learn more. • www.facebook.com/rushline • @rushlinetransit • www.rushline.org • info@rushline.org • 651-266-2760 E1, Attachment 1 Workshop Packet Page Number 2 of 96 E1, Attachment 1Workshop Packet Page Number 3 of 96 Transit Study Update Maplewood City Council Workshop April 24, 2017 E1, Attachment 2Workshop Packet Page Number 4 of 96 Study Area 30-mile study area between Union Depot in St Paul and Forest Lake Connects major destinations, neighborhood activity centers and job concentrations Serves diverse and growing population 2 E1, Attachment 2Workshop Packet Page Number 5 of 96 Need for Improved Transit #2 Serve People Who Rely on Transit 46,100 Number of people over age 65 55%People living below poverty line since 2000 11%Median household income #1 Sustainable Growth and Development 24% 30% Forecasted population growth by 2040 #4 Transit Demand is Increasing Transit demand in northern oriented routes 10% Demand by route type 3% Express Suburban Local9% 33% Urban Local #3 Sustainable Travel Options are Limited 9%3% 17% Traffic volumes are increasing Commute times between 35-90 minutes I-35E Hwy. 61 Forecasted employment growth by 2040 E1, Attachment 2Workshop Packet Page Number 6 of 96 Project Development Process Pre-Project Development (PPD) Transit Study is first step in lengthy project development process 4 E1, Attachment 2Workshop Packet Page Number 7 of 96 Study Milestones Summer 2014 EARLY OUTREACH•Review of Relevant Work •Current and Future Conditions •Purpose/Need •Goals/Objectives •Tier 1 Screening •Detailed Definition of Alternatives •Tier 2 Screening •Tier 2 Refinement •Identify LPA •Implementation Plan Community Engagement Complete CORRIDOR VISION Complete ALTERNATIVES EVALUATION 2 In Progress LOCALLY PREFERRED ALTERNATIVE (LPA) 3 We Are Here 1 E1, Attachment 2Workshop Packet Page Number 8 of 96 Public Engagement 6 More than 5,000 people participated in the Rush Line Study through community events, workshops, business outreach, presentations, pop-up events, social media, and online engagement forums.E1, Attachment 2Workshop Packet Page Number 9 of 96 What we heard All-day transit service needed Connect people to businesses, services, jobs and education Preserve natural spaces Concern about property and business impacts Pursue highest transit investment possible to make areas more desirable Transit options should also be cost- effective 7 E1, Attachment 2Workshop Packet Page Number 10 of 96 Evaluation Criteria by Project Goal 8 E1, Attachment 2Workshop Packet Page Number 11 of 96 Where We Started 9 E1, Attachment 2Workshop Packet Page Number 12 of 96 Recommended Vehicle E1, Attachment 2Workshop Packet Page Number 13 of 96 Recommended Vehicle 11 Less than half the cost of Light Rail Transit Cost per rider could quality for federal funding with refinements Similar level of service as LRT Operates in own lane Frequent and reliable Upgraded stations and vehicles Can be catalyst for economic development Dedicated Bus Rapid Transit E1, Attachment 2Workshop Packet Page Number 14 of 96 Health Line -Cleveland 12 E1, Attachment 2Workshop Packet Page Number 15 of 96 Orange Line -Los Angeles 13 E1, Attachment 2Workshop Packet Page Number 16 of 96 Recommended Route E1, Attachment 2Workshop Packet Page Number 17 of 96 Recommended Route Phalen Boulevard, Ramsey County Regional Railroad right- of-way (Bruce Vento Trail), and Highway 61 Co-locate with Bruce Vento Trail Bus connection to Forest Lake and system improvements will be further explored 15 E1, Attachment 2Workshop Packet Page Number 18 of 96 Why use RCRRA ROW? Cost-effective due to public ownership of ROW Longest route with fixed guideway, maximizes development potential at station areas Shortest travel time between St. Paul and Maplewood Direct Routing to St John’s Hospital and Maplewood Mall serves over 7,000 jobs 16 E1, Attachment 2Workshop Packet Page Number 19 of 96 Why use RCRRA ROW? BRT Lanes will share RCRRA ROW with Bruce Vento Trail No private property acquisition anticipated because ROW is already in public ownership Potential environmental impacts can be addressed as design progresses 17 Current Future Concept E1, Attachment 2Workshop Packet Page Number 20 of 96 Why use Phalen into Downtown? 18 Serves the most jobs and equity populations (zero-car households, households below poverty) Highest Potential Ridership Shortest travel time Convenient Transfer to METRO Green Line near Region’s Hospital E1, Attachment 2Workshop Packet Page Number 21 of 96 Why use Hwy 61 North of I-694? 19 More cost effective than using adjacent private BNSF ROW due to public ownership Similar potential ridership and travel time Stations along the way serve higher employment areas E1, Attachment 2Workshop Packet Page Number 22 of 96 Draft Locally Preferred Alternative (Route & Vehicle)E1, Attachment 2Workshop Packet Page Number 23 of 96 Draft Locally Preferred Alternative 21 Approx. Length: Dedicated Guideway: Number of Stations: Schedule: Frequency: Travel Time: 14 miles 85-90% 20 5A-12A, 7 days/week Rush hour: every 10 mins Non-rush hour: every 15 mins 14 mins One way, White Bear Lake > Maplewood 36 mins One way, Maplewood Mall > Union Depot E1, Attachment 2Workshop Packet Page Number 24 of 96 # of People Living below Poverty in Station Areas (2040): Draft Locally Preferred Alternative Capital Cost ($2021): Annual O&M Cost ($2015): Average Daily Ridership (2040): # of Residents in Station Areas (2040): $420 M ($55 million higher cost if other routes in guideway) $7.8 –8 M 5,700 –9,700 (higher ridership if other routes use guideway) 60,200 # of Jobs in Station Areas (2040): 106,700 11,700 E1, Attachment 2Workshop Packet Page Number 25 of 96 Ongoing LPA Engagement Activities Timeline for public comment •March 24 -May 4, 2017 PAC Public Hearing and Open House: •April 27, 5 -8 pm •Location: Our Redeemer Lutheran Church, 1390 Larpenteur Avenue Pop-Up Information Tables •Merrick Food Shelf: April 17 •Lafayette Business Park: April 20 •Maplewood Community Center: April 20 Website notice and email updates Presentations upon request 23 E1, Attachment 2Workshop Packet Page Number 26 of 96 Opportunities Less visual and noise impacts than LRT Less expensive than LRT or other routes Possibility to convert to LRT in future Perceived as safer than LRT Faster travel times Preference for hybrid or electric buses Challenges Need to consider how people will access service at stations Concerns about potential impacts to existing green space, trail, and private property Perception that it will lower property value and quality of life and/or change character of neighborhood Concerns about safety in neighborhood and along route 24 Input Received on Draft LPA E1, Attachment 2Workshop Packet Page Number 27 of 96 Input Received on Draft LPA “Good transportation access is key in guiding redevelopment decisions” –Sherman Associates “High quality transit in a dedicated guideway will create value for employers, employees, clients, customers, and residents along the corridor” –St. Paul Area Chamber of Commerce “The proposed Rush Line route and strategically placed stations will provide transportation options for our clients to connect with our state of the art health care services” – HealthEast St. Johns Hospital 25 E1, Attachment 2Workshop Packet Page Number 28 of 96 Next Steps More detailed environmental analysis to begin Fall 2017 26 MAY 2017 •Public hearing to obtain feedback on draft LPA •Project committees vote on whether to approve the LPA •County and Cities along the route will be asked to confirm support for the LPA APRIL 2017 JUNE -JULY 2017 E1, Attachment 2Workshop Packet Page Number 29 of 96 Questions E1, Attachment 2Workshop Packet Page Number 30 of 96 E2 MEMORANDUM TO: Melinda Coleman, City Manager FROM: Ellen Paulseth, Finance Director DATE: April 24, 2017 SUBJECT: Financial Policy Revisions Introduction The City has a comprehensive set of financial policies that help set standards for how the City will be managed financially. Financial policies are an important component of long-term financial planning. The Government Finance Officers Association (GFOA) has identified several key reasons for adopting and maintaining formal, written financial policies:  To institutionalize good financial management practices;  To clarify and establish strategies for financial management;  To define boundaries and set parameters;  To support good bond ratings;  To promote strategic and long-term thinking;  To manage financial risk;  To comply with established public management best practices. The City’s financial policies should be reviewed annually to ensure that the policies are current, relevant, and effective. The GFOA recommends that policies be clear, concise and free of administrative details. The City’s financial policies include 12 broad areas of financial management operations, including:  Revenue Management  Cash and Investments  Reserves  Operating Budget  Capital Improvement Plan  Economic Development Authority  Debt Management  Accounting, Auditing and Financial Reporting  Risk Management  Grant Management  Public Purpose Expenditure Policy  Procurement Policy Some of these policies are new, some contain minor revisions, and some have major changes with significant implications. Because the changes are so extensive, the redline document can be difficult to follow. Major changes to the policy framework are summarized by financial management area below: Workshop Packet Page Number 31 of 96 E2 1. Revenue Management Four subsections, covering Diversification, Equity, Economic Development and Collections were added to the statement of purpose. The impact on the policy is described as follows: Diversification – a diversified revenue base is important to prevent fluctuations in revenue and is looked at favorably by the credit rating agencies. The policy encourages the City to seek out new sources of revenue, including franchise fees. Staff is promoting the expansion of the electric franchise fee to help finance road construction projects and reduce the amount of outstanding debt. Equity – encourages the City to seek the most equitable solution when establishing new fees and taxes. Economic Development – encourages the consideration of economic development factors when establishing fees and charges. Also encourages the recapture of economic development benefits through development charges. Collections – calls for vigilant collections of outstanding charges to the extent the cost of collection does not exceed the value of collections. This policy gives staff broad discretion in the collection of ambulance bills and other accounts receivable. It does not allow staff to write-off accounts receivable without Council approval; however, it allows staff to write-off minor amounts of $5.00 or less when it is prudent to do so. Section D was added to provide guidance for the management of non-recurring and volatile revenues. These types of revenues should not be relied on to fund ongoing programs and should be directed toward capital needs. 2. Cash and Investments This policy has been replaced in its entirety to comply with the latest GASB requirements. Substantive changes include provisions for: Diversification of investments – this will mitigate the risk of loss resulting from the over concentration of assets in a specific maturity, issuer, or class of maturities. The policy sets broad limits on the allocation of the portfolio to the various sectors of the market. Concentration – the policy protects liquidity needs by limiting concentration of a specific maturity sector and establishing an investment horizon of five years, with limited ability to extend the horizon in certain circumstances. The policy establishes reporting requirements and authorizes the formation of an investment committee, if desired. It also establishes performance benchmarks for measuring investment yield. The policy also eliminates the old requirement of charging an investment management fee to other funds. This is not a common industry practice. It is overly burdensome and introduces unnecessary complexity into the accounting system. We have eliminated it for efficiency purposes. Workshop Packet Page Number 32 of 96 E2 3. Reserves This policy was updated to reflect the latest GASB requirements. Changes include: General Fund – establishes minimum level of unassigned fund balance to 40% of operating expenditures, rather than a minimum of 36.1% with a goal of achieving 40%. The City currently has excellent liquidity in its debt service and internal service funds. As dynamics change in the City, the City could become more dependent on its twice-yearly property tax settlements for liquidity. The General Fund must have sufficient liquidity to pay expenses for 6 months before the first tax settlement for the year is distributed. Rating agencies look favorably on policies that ensure adequate reserves because they allow the City some budgetary flexibility and provide room for contingencies. The General Fund currently carries in excess of 40% of operating expenditures in unassigned fund balance, so this change should not create a burden on the City. 4. Operating Budget There are no substantive changes to this policy. It has been updated and reorganized. 5. Capital Improvement Plan There are no substantive changes to this policy. It has been updated and reorganized. 6. Economic Development Fund There are no substantive changes to this policy. It has only been reformatted. 7. Debt Management This policy has been reworked and contains significant changes from the existing policy. Substantive changes and policy considerations are as follows: Restrictions on Debt Issuance – Encourages the use of Pay-as-you-Go Financing for equipment and minor capital assets. Financial Limitations – Adds language to encourage the City to keep the total maturity length of general obligation bonds below 20 years and structure the bonds to allow for retirement of at least 50% of the principal within 2/3 of the term of the bond issue. Adds language to encourage the City to achieve a minimum of an “Adequate” or better rating from the credit rating agencies on the City’s debt and contingent liability profile. Adds language to encourage the City to maintain the amount of net direct outstanding debt at less than $1,800 per capita. Currently, it is less than $1,600 per capita. The Council may wish to discuss the various options. Adds language to encourage the City to maintain the highest possible credit rating and to maintain good relations with rating agencies and keep a positive perception in the marketplace. Adds language to encourage the City to do a formal RFP for municipal financial advisors and bond counsel every five years. Workshop Packet Page Number 33 of 96 E2 Conduit Debt Policy – Updates the City’s conduit debt policy. Increases the fee to .50% of par on the first 10,000,000, instead of .25% of par, and eliminates the cap on the amount of the fee. Reduces the processing fee from $3,500 to $2,500. Post Issuance Compliance Policy – changes the responsibility for post issuance compliance actions from the City Council to the Finance Director. Contains other minor revisions and updates. 8. Accounting, Auditing, and Financial Reporting Provides for the creation of an audit committee for the purpose of providing an independent review and oversight of the City’s financial reporting processes, internal controls, and independent audit. The Committee consists of the City Manager, Finance Director, and two City Council members. The Committee establishes guidelines for the operation and scope of its work. 9. Risk Management There are no substantive changes to the existing policy. 10. Grant Management Minor changes were included to require all grant activity to run through the Finance Department to ensure that the City meets the new federal Uniform Grant Guidelines. 11. Public Purpose Expenditure Policy This is a new policy that defines “public purpose” from the City’s perspective. Examples of permitted and non-permitted expenditures are included. The policy essentially describes when it is and is not appropriate to expend public funds on items such as food and beverages and employee recognition. It also establishes limitations on the use of City assets and creates requirements for documentation of expenses. 12. Procurement Policy Formerly known as the Purchasing Policy, this policy was updated to meet requirements of the new federal Uniform Grant Guidance. A section defining ethics and conflict of interest was added. An affirmative action section was added to encourage the City to do business with small, minority-owned, women-owned, disadvantaged, veteran-owned, and local business enterprises. Budget Impact There is no budget impact Recommendation Consider debt policy parameters. Adopt the revised financial polices at a future meeting. Attachments 1. Draft Financial Policies (redlined) 2. Power Point slides Workshop Packet Page Number 34 of 96 FINANCIAL MANAGEMENT POLICIES The City of Maplewood has an important responsibility to its citizens to plan the adequate funding of services desired by the public, to manage the municipal finances wisely, and to carefully account for public funds. The City strives to ensure that it is capable of adequately funding and providing local government services needed by the community. The City will maintain or improve its infrastructure on a systematic basis to insure the maintenance of quality neighborhoods for its citizens. In order to achieve these goals, this plan has the following objectives for the City’s fiscal performance: 1. To be proactive, rather than reactive, in the City’s policy-making efforts to ensure that important decisions are not controlled by financial problems or emergencies. 2. To enhance the City Council’s policy-making ability by providing accurate financial information related to the various authority or service levels provided by the City. 3. To assist in sound management of the City government by providing accurate and timely information on financial condition. 4. To provide sound principles to guide the City Council with decisions that will have significant financial impact on the City. 5. To set forth operational principals that minimize the cost of local government, to the extent consistent with services desired by the public, and minimize financial risk. 6. To utilize revenue policies and forecasting tools to prevent undue or unbalanced reliance on certain revenues, especially property taxes, and that also distribute the cost of municipal services fairly and provide adequate funds to operate desired programs. 7. To provide essential public facilities and prevent deterioration of the City’s infrastructure and various facilities. 8. To protect and enhance the City’s credit rating and prevent default on municipal debts. 9. Ensure the legal use and protection of City funds through a good system of financial and accounting controls. 10. Record expenditures in a manner that allocates to current taxpayers or users the full cost of providing current services. 11. To adopt a balanced budget in the General Fund that will ensure an adequate, stable fund balance. E2, Attachment 1 Workshop Packet Page Number 35 of 96 To achieve these objectives the following fiscal policies have been adopted by the City Council to guide the City’s budgeting and financial planning process. Each fiscal policy section includes a statement of purpose and a description of the policy. 1. Revenue Management 2. Cash and Investments 3. Reserves 4. Operating Budget 5. Capital Improvement Plan 6. Economic Development Authority Fund 7. Debt Management 8. Accounting, Auditing and Financial Reporting 9. Risk Management 10. Grant Management 11. Public Purpose Expenditure Policy 12. Procurement Policy E2, Attachment 1 Workshop Packet Page Number 36 of 96 1. Revenue Management It is essential to responsibly manage the City’s revenue sources to provide maximum service value to the community. The most important revenue policy guidelines established by the City Council are for the two major sources of city revenue: property taxes and fees/charges. A. Purpose The purpose of this policy is to establish broad goals to assist the City in managing its revenue. These goals will consider diversification and stabilization; equity; economic development; and collections. 1. Diversification The City will strive to maintain a diversified revenue base to prevent fluctuations in revenue. Property taxes add stability to the revenue base, but should not be the sole source of revenue. When possible, the City will seek out new sources of revenue to diversity the tax base. This could include long-term solutions, such as franchise fees or additional fees and charges. Short-term solutions should also be considered, such as a one-time sale of assets. The City will strive to support policies that promote economic development in the City to encourage a diversified local economy and expand the tax base. 2. Equity The City will strive to ensure that funding is derived from a fair, equitable and adequate resource base, while minimizing tax differential burdens. Services having a citywide benefit shall be financed with revenue sources generated from a broad base, such as property taxes and state aids. Services where the customer determines the use should be financed with user fees, charges, and assessments related to the level of service provided. 3. Economic Development The City’s revenue sources should not unduly reduce the City’s economic competitiveness or negatively impact individual choices in the local economy. The City’s overall revenue structure should be designed to recapture some of the financial benefits resulting from economic and community development investments. The City will strive to keep a total revenue mix that encourages growth and keeps Maplewood economically competitive. 4. Collections City staff should engage in vigilant collections of outstanding balances due to the City. However, the cost of collections should not exceed the marginal extra revenue obtained or absorb a large percentage of the amount collected. City staff and collections contractors may write off accounts receivable in amounts of $5.00 or less without Council approval. E2, Attachment 1 Workshop Packet Page Number 37 of 96 B. Property Taxes 1. When possible, property tax increases should accommodate incremental adjustments. Further, when discussing property taxes, the City should simultaneously explore other revenue and expenditure alternatives that will maximize the City’s future financial flexibility and ability to provide services. This may include considering options such as debt management, fees and charges, cost allocation, use of reserves, and expenditure cuts. Possible factors for considering an increase in property tax include: 1. Maintenance of City services. 2. Long-term protection of the City’s infrastructure. 3. Meeting legal mandates imposed by outside agencies. 4. Maintaining adequate fund balance and reserve funds sufficient to maintain or improve the City’s bond rating. 5. Funding City development and redevelopment projects that will clearly result in future tax base increases. The expenditures of development and redevelopment funds must be in accordance with a defined strategy as shown in the City’s Comprehensive Plan, Capital Improvement Program and other Council documents. Property tax increases to meet other purposes will be based on the following criteria: 1. A clear expression of community need. 2. The existence of community partnerships willing to share resources. C. Service Fees and Charges The City will consider service fees and charges wherever appropriate for the purposes of keeping the property tax rate at a minimum and to fairly allocate the full cost of services to the users of those services. Service fees and charges broaden the base to include tax exempt properties, which still have municipal costs associated with the property. Specifically, the City may: 1. Establish utility rates sufficient to fund both the operating costs and the long-term depreciation and replacement of the utility systems. 2. As part of the City’s enterprise effort, evaluate City services and pursue actions to accomplish the following:  Find community based partners to share in service delivery.  Make services financially self-supporting or, when possible, profitable. E2, Attachment 1 Workshop Packet Page Number 38 of 96 3. Annually review City services and identify those for which charging user fees are appropriate. These services will be identified as enterprise services and a policy for establishing fees will be set for each. Included as part of this process may be a market analysis that compares our fees to comparable market cities. 4. Identify some enterprise services as entrepreneurial in nature. The intent of entrepreneurial services will be to maximize revenues to the extent the market allows. 5. Waive or offer reduced fees to youth, seniors, community service groups, and other special population groups identified by the Council as requiring preferential consideration based on policy goals. Selected criteria are used to determine the specific rate to charge for a fee for service. The approach for establishing the rate criteria is determined by the policy relating to the fee in the City policies and procedures manual. The rate criteria can be one of five approaches: 1. Market Comparison a. Attempt to set fees in the upper quartile of the market. 2. Maximum set by External Source a. Fees set by legislation, International Building Code, etc. 3. Entrepreneurial Approach a. Fees will be at the top of the market. 4. Recover the Cost of Service a. Program will be self-supporting. 5. Utility Fees a. A rate study will be updated or reviewed each year. D. Non-recurring and Volatile Revenues Non-recurring revenues should directed towards one-time uses and should not be relied on to fund ongoing programs. Several one-time revenue sources, such as intergovernmental transfers, grants, and insurance dividends are outside of direct City control and must be relied upon conservatively. The City Manager and Finance Director shall ensure that the budget preparation process includes an evaluation of all major non-recurring revenues, in order to minimize reliance on unpredictable revenues for on-going operating costs. Volatile revenues, such as court fines, interest earnings and building permits can produce undependable yields and should not be heavily depended on to fund ongoing programs. High yields from these sources should be treated in a manner similar to non-recurring revenues. Revenues can be considered volatile if they vary by more than 10% from budgetary estimates. E2, Attachment 1 Workshop Packet Page Number 39 of 96 2. Cash and Investments Effective cash management is essential to good fiscal management. Investment returns on funds not immediately required can provide a significant source of revenue for the City. Investment policies must be well founded and uncompromisingly applied in their legal and administrative aspects in order to protect the City funds being invested. A. Purpose The purpose of this policy is to establish the City’s investment objectives and establish specific guidelines that the City will use in the investment of city funds. It will be the responsibility of the Finance Director to invest city funds in order to attain a market rate of return while preserving and protecting the capital of the overall portfolio. Investments will be made, based on statutory constraints, in safe, low risk instruments. B. Scope/Funds This policy applies to the investment of all city funds available for investment and not needed for immediate expenditure. The City will consolidate cash balances from all funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. C. Delegation of Authority Authority to manage the investment program is granted to the Finance Director who shall act in accordance with established written procedures and internal controls for the operation of the investment program consistent with this investment policy. Procedures should include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements and collateral/depository agreements. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the Finance Director. The primary objectives, in priority order, of investment activities shall be safety, liquidity, and yield: 1. Safety: Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to minimize the risk of market fluctuations, such as credit risk and interest rate risk. Credit risk is the risk that the borrower will be unable to make their debt service payments to the investors. Interest rate risk is the risk that rates will (for example) rise while the investments you hold have lower rates – if the City were to sell their investments prior to maturity in this case, they would have to sell the investments at a loss. E2, Attachment 1 Workshop Packet Page Number 40 of 96 2. Liquidity: The investment portfolio must remain sufficiently liquid to meet all operating costs that may be reasonably anticipated. The portfolio must be structured so that securities mature concurrent with cash needs to meet anticipated demands. Cash needs will be determined based on cash flow forecasts. 3. Diversification of instruments: A variety of investment vehicles must be used so as to minimize the exposure to risk of loss. The investment portfolio must be diversified by individual financial institution, government agency, or by corporation (in the case of commercial paper) to reduce the exposure to risk of loss. 4. Diversification of maturity dates: Investment maturity dates should vary in order to ensure that the City will have money available when needed. 5. Yield: The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. D. Oversight The City Manager shall oversee the City’s investment program. The Finance Director will maintain a more detailed and comprehensive investment policy based on the principles established by the City Council and consistent with the most current guidelines within the public sector. On at least an annual basis, the Finance Director shall provide a status report to the City Council. Annually, the City Council shall designate depositories for investment purposes. E. The City shall invest in the following instruments as allowed by Minnesota Statute 118A 1. Government Securities: Direct obligations of the federal government or its agencies, with the principal fully guaranteed by the U.S. Government or its agencies. 2. Certificates of Deposit: A negotiable or nonnegotiable instrument issued by commercial banks and insured up to $250,000, or the amount set, by the Federal Deposit Insurance Corporation (FDIC). 3. Repurchase Agreement: An investment that consists of two simultaneous transactions, where an investor purchases securities from a bank or dealer. At the same time, the selling bank or dealer agrees to repurchase the securities at the same price plus interest at some agreed-upon future date. The security purchased is the collateral protecting the investment. E2, Attachment 1 Workshop Packet Page Number 41 of 96 4. Prime Commercial Paper: An investment used by corporations to finance receivables. A short-term (matures in 270 days or less), unsecured promissory note is issued for a maturity specified by the purchaser. Corporations market their paper through dealers who in turn market the paper to investors. The City will only purchase commercial paper issued by U.S. corporations or their Canadian subsidiaries that has been rated highest quality (A1, P1 and F1) by two of three rating agencies. 5. State or Local Government Securities: Any security that is a General Obligation of the State of Minnesota or any of its municipalities. 6. Statewide Investment Pools: Statewide investment pools that invest in authorized instruments according to Minnesota Statutes §118A.04, such as the Minnesota Municipal Money Market (4M) Fund. 7. Money Market Mutual Funds: Money market mutual funds that invest exclusively in U.S. Government and agency issues. F. Ethics and Conflicts of Interest Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business or that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of the City. G. Internal Controls, Audits, External Controls The Finance Director is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the City are protected from loss, theft, or misuse. Accordingly, compliance with City policies and procedures should be assured by the Finance Director, and addressed through the annual audit (CAFR) process. H. Authorized Financial Institution and Dealer In accordance with Minnesota Statutes §118.02, the responsibility for conducting investment transactions resides with the City Council. Also, the Council shall be responsible for designating the depositories of the funds. Depositories shall be selected through a banking services procurement process, which shall include a comprehensive review of credit characteristics and financial history by the Finance Director or reliance on selection criteria by an independent third party. In selecting depositories, the creditworthiness of the institutions under consideration shall be E2, Attachment 1 Workshop Packet Page Number 42 of 96 examined. The City Council shall designate depositories after a recommendation from staff. Only approved security broker/dealers authorized in Minnesota Statutes 118A.06 shall be utilized for safekeeping and custody. All financial institutions and broker/dealers must supply the following as appropriate: 1. Audited financial statements; 2. Proof of Financial Industry Regulatory Authority (FINRA) certification, 3. Proof of state registration; 4. Completed broker/dealer questionnaire for firms who are not major regional or national firms; 5. Certification of having read the City’s investment policy. I. Broker Representations Municipalities must obtain from their brokers certain representations regarding future investments. The City of Maplewood will provide each broker with information regarding the municipality’s investment restrictions. Before engaging in investment transactions with the City of Maplewood, the supervising officer at the securities broker/dealer shall submit a certification stating that the officer has reviewed the investment policies and objectives, as well as applicable state laws, and agrees to disclose potential conflicts of interest or risk to public funds that might arise out of business transactions between the firm and the City of Maplewood. All financial institutions shall agree to undertake reasonable efforts to preclude imprudent transactions involving the city’s funds. J. Collateralization The City funds must be deposited in financial institutions that provide at least $250,000 in government insurance protection. At no time will deposits in any one institution exceed the insured amount unless such excesses are protected by pledged securities. Pledged securities, computed at market value, will be limited to the following: 1. United States Treasury bills, notes or bonds that mature within five years; 2. Issues of United States government agencies guaranteed by the United States government; 3. General obligation securities of any state or local government with taxing powers which is rated “A” or better, or revenue E2, Attachment 1 Workshop Packet Page Number 43 of 96 obligation securities of any state or local government with taxing powers which is rated is rated AA or better, provided no single issue exceeds $300,000 with maturities not exceeding five years; 4. Irrevocable standby letters of credit issued by Federal Home Loan Banks accompanied by written evidence that the bank’s public debt is rated AA or better; 5. Time deposits that are fully insured by any federal agency. In order to anticipate market changes and provide a level of security for all funds, the collateralization level will be 110 percent (110%) of the market value of principal and accrued interest. Collateral shall be deposited in the name of the City of Maplewood, subject to release by the City’s Finance Director. All certificates of deposit and repurchase agreements purchased by the City shall be held in third-party safekeeping by an institution designated as primary agent. The primary agent shall issue a safekeeping receipt to the City listing the specific instrument rate maturity and other pertinent information. All deposits will be insured or collateralized in accordance with Minnesota Statutes Chapter 118. No other collateral except as designated above will be authorized for use as collateral for City funds. K. Safekeeping and Custody When investments purchased by the City are held in safekeeping by a broker/dealer, they must provide asset protection of $500,000 through the Securities Investor Protection Corporation (SIPC) and at least another $2,000,000 supplemental insurance protection. L. Diversification It is the policy of the City to diversify its investment portfolios to eliminate the risk of loss resulting from the over concentration of assets in a specific maturity, a specific issuer, or a specific class of maturities. The portfolio, as much as possible, will contain both short-term and long- term investments. The City will attempt to match its investments with anticipated cash flow requirements. Liquidity is necessary to pay for recurring operations. Maturities should not be extended beyond the dates necessary to meet these projected liquidity needs and should be staggered in such a way that avoids over concentration in a specific maturity sector. Extended maturities may be utilized to take advantage of higher yields; however, no more than 20% of the total investment portfolio should extend beyond five (5) years and in no circumstance should any extend beyond ten (10) years. The portfolio will reflect diversity by class of maturity and issuer. The following limits are imposed for investments of a specific class: E2, Attachment 1 Workshop Packet Page Number 44 of 96 1. Commercial Paper: At any one time, no more than 20% of the total portfolio shall consist of commercial paper investments. Maximum holdings for any one issuer of commercial paper will be 5% of the total portfolio. 2. Certificates of Deposit: At any one time, no more than 70% of the total portfolio shall consist of certificates of deposit. Maximum holdings for any one issuer of a certificate of deposit will be $250,000, or the amount insured by the Federal Deposit Insurance Corporation (FDIC), unless collateral is provided in accordance with this policy and Minnesota Statute Chapter 118. Maximum holdings for any one issuer of collateralized certificates of deposit will be 5% of the total portfolio. 3. Government Securities: At any one time, no more than 70% of the total portfolio shall be invested in obligations of the federal government or its agencies. 4. Repurchase Agreements: At any one time, no more than 5% of the total portfolio shall be invested in repurchase agreements. 5. State or Local Government Securities: At any one time, no more than 50% of the total portfolio shall be invested in State or local government securities. Maximum holdings for any one issuer of state or local government securities will be 10% of the total portfolio. 6. Money Market Funds: At any one time, no more than 70% of the total portfolio shall be invested in authorized money market mutual funds. M. Investment Reporting The Finance Director shall prepare an investment report at least quarterly, including a management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. The investment reporting function shall include requirements for budgetary reporting, interim reporting, internal reporting, and annual reporting. 1. Budgetary Reporting: As part of the annual budget, interest income shall be estimated for all funds based on a formal cash flow forecast. This forecast shall take into account the historical pattern of inflows and outflows of general fund cash, the adopted fiscal policies and any other pertinent factors affecting cash flow. The budget document shall explicitly state the assumptions of the cash flow forecast, the assumed interest rate on short-term investment and the interest estimated for any long-term investments. E2, Attachment 1 Workshop Packet Page Number 45 of 96 2. Interim Reporting: The investment portfolios for the City funds shall be provided to the Council with the periodic budget versus actual reports. These reports shall be sequenced by maturity and shall state the type of investment, annualized rate of return based on the daily interest amount. The Finance Director shall summarize any changes in investment strategy or anticipated variances from the investment income budgeted as part of monthly reporting process. 3. Internal Reporting: Finance Department procedures shall ensure that investment portfolios are maintained on the City’s records system on a daily basis and available to management or the City Council at any time. Management shall be provided investment portfolios monthly together with their budget versus actual reports. 4. Annual Reporting: Within 90 days of the City’s fiscal year end, the Finance Director shall prepare a written comprehensive fiscal report on the investment program and investment activity. This report shall include: a. A summary of the investment activity and rate of return for the fiscal year then ended; b. A discussion of how the year’s investment activity compares to the stated objectives and the budgeted amount; c. A detailed comparison of total rate of return with other benchmarks. Benchmarks for comparison may include: the Minnesota Municipal Money Market fund; other state investment pools that have similar investment restrictions; treasury bill rates that are indicative of a strictly passive investment strategy; performance indexes, as set forth in the Government Finance Officers’ monthly publication of the Public Investor (e.g. the 10 bill index); or any other index that may be deemed appropriate; d. A discussion of the outlook for interest rates and the economic trend for the upcoming year, investment strategies to be implemented and budgetary expectations for investment income. N. Investment Committee The City Council may appoint an investment committee to serve at its pleasure. The mission of the committee shall be to monitor the City’s investment portfolio and make recommendations to the Finance Director and City Manager. The committee shall consist of five members defined as follows: the City Finance Director, the City Manager, two City Council members, and one member of the community who has a background in public finance and no financial connection with the City. The Finance Director shall serve as the facilitator of the committee. The committee shall meet as often as it sees fit, but no less than once per year and no more than once per quarter. E2, Attachment 1 Workshop Packet Page Number 46 of 96 O. Interest Earnings Interest earnings will be credited to all major funds with a positive cash balance at the end of each month, based on the average cash balances during that month. Market value adjustments will be credited to the source of the invested monies monthly based on the average cash balances during that month. The City will use the average yield of the two-year Treasury note as a benchmark for performance comparisons. P. Conclusion The intent of this policy is to ensure the safety of all City funds. The main goal of the City will be to achieve a market rate of return while maintaining the safety of its principal. E2, Attachment 1 Workshop Packet Page Number 47 of 96 3. RESERVES It is important for the financial stability of the City to maintain reserve funds for unanticipated expenditures or unforeseen emergencies, as well as to provide adequate working capital for current operating needs to avoid short-term borrowing. The Reserve Policy of the City is managed closely with the City’s Debt Management Policy. The City may choose to consider paying cash for capital projects that can be anticipated and planned for in advance. Therefore the City’s reserve levels fluctuate, in part, based on capital project plans. A. Classifications Fund balances in governmental funds are reported in classifications that disclose constraints for which amounts in those funds can be spent. These fund balance classifications apply to governmental funds: 1. Nonspendable: Consists of amounts that are not in spendable form, such as inventories and prepaid items. 2. Restricted: Consists of amounts related to externally imposed constraints, established by creditors, grantors or regulatory agencies. 3. Committed: Consists of amounts that have internally imposed constraints, established by resolution of the City Council. The committed amounts cannot be used for any other purpose unless the Council removes or changes the specified use by resolution of the City Council. 4. Assigned: Consists of amounts that are intended to be used for a specific purpose; intent can be expressed by the City Council or by a delegate of the City Council. 5. Unassigned: Consists of the residual classification for the General Fund and also reflects negative residual amounts in other funds. B. Authorization The City Council authorizes the Finance Director and/or City Manager to assign fund balance that reflects the City’s intended use of the specified funds. When both restricted and unrestricted resources are available for use, it is the City’s policy to use restricted resources first, and then use unrestricted resources as needed. When unrestricted resources are available for use, it is the City’s policy to use resources in the following order: 1) committed, 2) assigned, 3) unassigned. C. Fund Balance Policies 1. General Fund: The General Fund is established to account for all revenues and expenditures which are not required to be accounted for E2, Attachment 1 Workshop Packet Page Number 48 of 96 in other funds. Revenue sources include property taxes, license and permit fees, fines and forfeits, program revenues, intergovernmental revenues, investment earnings, and transfers in. The General Fund’s resources finance a wide range of functions, including the operations of general government, public safety, and public works. The General Fund will have committed fund balances at year end for purchase order encumbrances and budget carryovers. The General Fund may have a portion of its fund balance classified as nonspendable if there are long- term receivables, inventories, or prepaid items on the balance sheet. The General Fund is the only fund that can have any unassigned fund balance. The City’s unassigned fund balance in the General Fund shall be maintained at a minimum level of 40% of annual general fund operating expenditures. 2. Special Revenue Funds: Special revenue funds are used to account for and report the proceeds of specific revenue sources that are restricted or committed to expenditures for specified purposes other than debt service or capital projects. Governmental accounting standards require that substantial inflows of revenues into a special revenue fund be either restricted or committed in order for the fund to be considered a special revenue fund. The City will maintain fund balances in the Special Revenue Funds at a level which will avoid issuing short-term debt to meet the cash flow needs of the current operating budget. 3. Debt Service Funds: Debt service fund balances are considered restricted. The resources being accumulated in the funds are for payments of principal and interest maturing in current and future years. The City’s fund balance in the Debt Service fund shall be at a minimum level of 50% of annual debt service expenditures. Because the majority of annual debt service is paid on February 1 and August 1 of each year, funds must be available for payment of February 1 debt service. 4. Capital Project Funds: Capital project fund balances are considered restricted or committed. The resources being accumulated are for current and future projects. Capital project funds are used to account for and report financial resources that are restricted, committed, or assigned to expenditures for capital assets. The fund balances in these funds within the Capital Improvement Budget vary annually based upon the timing of construction projects. The City will maintain reserves in the Capital Project Funds at a minimum level sufficient to provide adequate working capital for current expenditure needs. The maximum amount of reserves should include the amount necessary to pay for future capital projects. Future capital projects must be identified and quantified in a written finance plan for the fund in the City’s annual budget document. 5. Enterprise Funds: The City will maintain reserves in the Enterprise Funds at a minimum level sufficient to provide adequate working capital E2, Attachment 1 Workshop Packet Page Number 49 of 96 for current expenditure needs. Generally, the City shall strive for a minimum of 3-months operating cash in these funds. The maximum amount of reserves should include the amount necessary to pay for future capital needs. Future capital projects must be identified and quantified in a written finance plan for the fund in the City’s annual budget document. Rates and fees in these funds will be analyzed annually for a five year period to provide for level rate changes. 6. Internal Service Funds: These funds are used to allocate common costs among the various funds and programs of the city. Deficits and surpluses are allowed however the goal is to maintain reserves at 10% of budgeted expenditures. 7. Stabilization Arrangements: Stabilization arrangements are defined as setting aside amounts for use in emergency situations or when revenue shortages or budgetary imbalances arise. The City will set aside amounts by resolution as deemed necessary that can only be expended when certain circumstances under which a need for stabilization arises. The need for stabilization will only be utilized for situations that are not expected to occur routinely. E2, Attachment 1 Workshop Packet Page Number 50 of 96 4. Operating Budget The operating budget is the annual financial plan for funding the costs of City services and programs. The general operating budget includes the General Fund, Special Revenue Funds, and Capital Project Funds. Enterprise operations are budgeted in separate Enterprise Funds. 1. Balanced Budget The City Manager shall submit a balanced budget for the General Fund in which appropriations shall not exceed the total of the estimated revenues and available fund balance. Balanced budget is defined as a budget in which current revenues plus net operating transfers and one-time use of excess reserves will be sufficient to support budgeted expenditures. One- time revenues or use of excess reserves will not be used to fund on-going expenditures. One-time funding sources shall only be used to fund capital improvements, equipment, or other one-time expenditures. The City will provide for all current expenditures with current revenues. The City will avoid all budgetary procedures that balance current expenditures at the expense of meeting future years’ budgets, such as postponing expenditures, rolling over short-term debt, and using reserves to balance the operating budget. 2. Budget Period The City’s budget year is the calendar year. The City legally adopts an annual budget for the General Fund. Budgets for Special Revenue Funds, Debt Service Funds, Capital Project Funds and Enterprise Funds are adopted for management purposes only. 3. Basis of Budgeting The modified accrual basis will be used for all of the Governmental Funds in the budget. The accrual basis will be used for the budgets of the Enterprise Funds. The basis of budgeting is the same as the basis of accounting used in the City’s audited financial statements. 4. Budget Amendment Process Budget appropriations are by department total within the General Fund rather than by line item (i.e., account). Budget changes that involve the transfer of appropriations among accounts only require the approval of the City Manager or designee. Council approval is required for budget changes that involve a transfer of appropriations between funds or from contingency accounts. The budget changes can be made at any Council meeting. For budget changes that can be approved by the City Manager or designee, the procedure involves the department head completing a E2, Attachment 1 Workshop Packet Page Number 51 of 96 budget transfer request form on which the following is indicated: budget transfer amount, accounts involved, purpose, justification, date approved by department head, and department head initials. This form is submitted to the Finance Director for review. Upon approval by the Finance Director, a copy of the form is given to the department head. 5. Long-Term Financial Forecasts The City Manager will coordinate the development of the five-year capital improvement plan budget and ten-year outlook with the development of the operating budget. Operating costs associated with new capital improvements will be projected and included in future operating budget forecasts. The budget will provide for adequate maintenance of the capital plant and equipment, and for their orderly replacement. The impact on the operating budget from any new programs or activities being proposed should be minimized by providing funding with newly created revenues whenever possible. 6. Budget Form and Information Excess revenues from a specific fiscal year will be placed into the City’s reserves in a manner consistent with the City’s fund balance reserve policies. The operating budget will describe the major goals to be achieved and the services and programs to be delivered for the level of funding provided. All unencumbered appropriations for the City’s operating budget lapse at year end. Amounts reserved for encumbrances are classified as assigned fund balance. The City Council approves the reductions in prior year appropriations and increases in current year appropriations. 7. Level of Control The City Manager will ensure that a budgetary control system is in place to adhere to the adopted budget. The City Manager may approve the transfer of budget amounts between accounts within a department’s budget. City Council approval is required for any increase in a department’s budget. The budget changes can be made at any Council meeting. The legal level of budgetary control is at the department level in budgeted funds. 8. Performance Measurement The Finance Department will provide regular monthly reports comparing actual revenues and expenditures to the budgeted amounts. Each year the City will strive to obtain the Government Finance Officers Association Distinguished Budget Award. The City’s annual Budget shall be made available to citizens and the general public upon request and available on the City’s website. The City shall strive to maintain full transparency and accountability of all of its financial resources and assets. E2, Attachment 1 Workshop Packet Page Number 52 of 96 5. Capital Improvement Plan The demand for services and the cost of building and maintaining the City’s infrastructure continues to increase. No city can afford to accomplish every project or meet every service demand. Therefore, a methodology must be employed that provides a realistic projection of community needs, the meeting of those needs, and a framework to support City Council prioritization of those needs. That is the broad purpose of the CIP. The CIP includes the scheduling of public improvements for the community over a five-year period and takes into account the community’s financial capabilities as well as its goals and priorities. A “capital improvement” is defined as any major nonrecurring expenditure for physical facilities of government. Typical expenditures are the cost of land acquisition or interest in land, construction of roads, utilities and parks. Vehicles and equipment can be covered in a CIP or covered separately under an equipment schedule. The CIP is directly linked to goals and policies, land use, and community facility sections of the Comprehensive Plan since these sections indicate general policy of development, redevelopment, and the maintenance of the community. A. CIP Development Process 1. Compile and prioritize projects. Staff will consolidate and prioritize recommended projects into the proposed Capital Improvement Plan. 2. Devise proposed funding sources for proposed projects. Recommended funding sources will be clearly stated for each project. 3. Project and analyze total debt service related to the total debt of the City. 4. A debt study will be provided summarizing the combined property tax impact of all the existing and proposed debt. On an annual basis, the City Council will evaluate the proposed CIP and decide on the following: 1. Project Prioritization; 2. Funding Source Acceptability; 3. Acceptable Financial Impact on Tax Levy, Total Debt, and Utility Rate Levels; 4. Currently the debt levy has no state limitations. The City should annually consider a variety of financing options, including issuing equipment certificates, cash financing, tax-exempt leasing, or direct bank investment as appropriate financing mechanisms to meet capital needs while maintaining levy flexibility. E2, Attachment 1 Workshop Packet Page Number 53 of 96 6. Economic Development Authority The Economic Development Authority (EDA) was created by the City Council. The City Council acted to appoint the members of the City council to serve as the Board of Commissioners. Under Minnesota Statutes Chapter 469, Economic Development, cities are permitted to establish an EDA. Minnesota Statutes § 469.107 gives authority to the City Council to levy a tax up to 0.01813 percent of estimated market value in the City. The Revenue Management Policy of the City, as included in this Financial Management Plan, sets policy for when a tax levy may be considered. The EDA is subject to the statutory levy limits of the City, except for a debt levy. This policy section establishes the amount of tax levy that will be considered for the EDA. A. Funding The City Council may annually appropriate money to the EDA from a tax levy or other available source. The appropriation can be equivalent to the maximum that could be provided by a tax levy for economic development purposes. The annual tax levy shall be set based on the amount needed when combined with other available sources achieves the funding level set by this policy. To provide other sources (non-tax) of funding to the EDA, the City Council shall annually review the fund balance in the General Fund to determine whether sufficient unreserved fund balance is available for transfer from the General Fund to the EDA. The decision shall be made at the time the annual EDA tax levy is established. If other sources of revenue are not available, the EDA may request the tax levy at the maximum allowed. B. Procedure for Using Funds Expenditures may be made from the EDA based on the following criteria: 1. The EDA appropriates the funds as part of the annual budget, or 2. The EDA authorizes an amendment to the EDA budget outside of the annual appropriation process. E2, Attachment 1 Workshop Packet Page Number 54 of 96 7. Debt Management The purpose of the debt policy is to ensure that debt is used wisely and that future financial flexibility remains relatively unconstrained. Debt is an important mechanism to fund capital expenditures. It can reduce long-term costs due to inflation, prevent lost opportunities, and equalize the costs of improvements to present and future constituencies. Debt management is an integral part of the financial management of the City. Adequate resources must be provided for the repayment of debt, and the level of debt incurred by the City must be effectively controlled to amounts that are manageable and within levels that will maintain or enhance the City’s credit rating. A goal of debt management is to stabilize the overall debt burden and future tax levy requirements to ensure that issued debt can be repaid and prevent default on any municipal debt. A high debt level places a financial burden on taxpayers and can create economic problems for the community. The debt policies ensure that the City’s outstanding debt does not weaken the City’s financial structure and provide limits on debt to provide for manageable debt service. This policy is critical for maintaining the best possible credit rating. A. Policy Wise and prudent use of debt provides fiscal and service advantages. Overuse of debt places a burden on the fiscal resources of the City and its taxpayers. The following guidelines provide a framework and limit on debt utilization: 1. Conditions for Issuance a. The City will confine long-term borrowing to capital improvements, equipment, or projects that have a life of at least five years and cannot be financed from current revenues. b. Net general obligation debt will not exceed the statutory limit of 3% of the estimated market value of taxable property in the City, as required by M.S. § 475.53. c. The City shall use a competitive bidding process for the sale of debt unless the use of a negotiated process is warranted due to adverse market conditions, timing requirements, or a unique pledge or debt structure. The City will award competitively issued debt on the true interest cost (TIC) basis. d. The City should strongly consider market conditions (i.e., interest rates, construction market) when planning for the issuance of debt. The City should consider issuing debt, rather than paying cash, when interest rates are lower. E2, Attachment 1 Workshop Packet Page Number 55 of 96 e. Debt should be structured in a manner that distributes costs and benefits appropriately. Intergenerational equity aspects should be considered when financing capital assets. The debt payments should be distributed over the useful life of the asset. f. Long-term forecasts should support the assumption that the City will be able to repay the debt without causing financial distress. g. Interfund borrowing for periods of more than one year shall only be undertaken for capital expenditures. A payment schedule for the borrowed amounts shall be established by the City Council. Interest charges for interfund loans utilizing tax increment bonds will be in accordance with Minnesota Statutes, §469.178, Subd 7. 2. Restrictions on Debt Issuance a. Where possible, the City will issue revenue (including general obligation backed revenue) or other self-supporting type bonds instead of general obligation bonds. b. The City will not use long-term debt for current operations. c. The City should not issue debt with a longer amortization period than the life of the asset being financed. d. When possible, the City should use pay-as-you-go financing for equipment and other minor capital assets. 3. Financial Limitations a. The City will strive to keep the total maturity length of general obligation bonds below 20 years and structure the bonds to allow for retirement of at least 50% of the principal within 2/3 of the term of the bond issue. b. Bond rating categories shall be used as a means of assessing the City’s financial condition. The City will strive to achieve and maintain a ratio of governmental funds debt service to expenditures that will result in an adequate, or better than adequate, debt and contingent liability profile rating from the rating agencies. c. The City will strive to maintain the amount of net direct outstanding debt at less than $1,800 per capita. d. The City will maintain regular communications with bond rating agencies about its financial condition and will follow a policy of full E2, Attachment 1 Workshop Packet Page Number 56 of 96 disclosure in every financial report and bond statement. The City will comply with Securities and Exchange Commission (SEC) reporting requirements. e. The City is committed to providing continuing disclosure to certain financial and operating data and material event notices as required by Securities and Exchange Commission (SEC) Rule 15c2-12. The Finance Department shall be responsible for the preparation of all disclosure documents and releases required under Rule 15c2-12. f. When feasible, the City will use refunding mechanisms to reduce interest costs and evaluate the use of debt reserves to lower overall annual debt service. Refunding of outstanding debt shall only be considered when present value savings of at least 3.0% of the principal amount of the refunded bonds are produced, according to Minnesota statutes. Savings from refundings will be distributed evenly over the life of the refunded bonds unless special circumstances warrant a different savings structure. g. Retirement funds will be examined annually to ensure adequate balances and funding progress. h. The City should take steps to ensure the highest credit rating possible. 4. Professional Service Providers a. Municipal financial advisors should be selected through a process of evaluating formal proposals every 5 years. Selection should be based on, but not limited to, experience with the type, size, and structure of the bonds typically issued, ability to commit sufficient time to accomplish necessary tasks, and lack of potential conflicts of interest. b. Proposals for bond counsel should be solicited and considered on an occasional or as-needed basis. Consideration should be given to experience with municipal debt, ability to commit sufficient time to accomplish necessary tasks, and lack of potential conflicts of interest. c. The City should have an ongoing strategy to maintain good relations with rating agencies and a positive perception in the marketplace. E2, Attachment 1 Workshop Packet Page Number 57 of 96 B. Conduit Debt Policy The City of Maplewood is granted the power to issue conduit revenue bonds and other conduit revenue obligations under Minnesota Statutes, Section 469.152- 469.165, as amended, and Minnesota Statutes, Chapter 462C, as amended. The Maplewood City Council, being aware that such financing may prevent the emergence of blighted land, excessive unemployment and the need for redevelopment financing from the State and Federal governments, has expressed its support for the use of such financing but has reserved the right to approve or reject projects on a case-by-case basis. The following criteria have been developed as a guide for review of applications: Criteria 1. The project is to be compatible with the overall development plans and objectives of the City and neighborhood where the project is located. 2. New businesses locating in Maplewood must show new tax base being generated by the project. 3. Locating in areas of the City that the City wishes to develop, redevelop, or which in any way complements any development plans or policy of the City, will constitute a prime purpose under these guidelines. It is also the City’s intent to assist in business expansions or relocations within the City where it can be shown that such would have a substantial, favorable impact on employment, tax base, or both. 4. It is the City’s intent to assist new or existing businesses in the acquisition of existing facilities, where such acquisition will maintain the stability of the tax base, employment, or both. 5. The project must not put a burden on existing City services or utilities beyond that which can be reasonably and economically accommodated. 6. The applicant (and/or the lessee) must have a good financial standing, show a substantial net worth or equity in the project, and have an acceptable earnings history or pro forma. Projects are to show, in the application for financing, an owner equity or other collateral (such as a bank Letter of Credit, a Bankers Acceptance, Pledge of a Certificate of Deposit, insurance company guarantee, or similar security) which will be satisfactory to the end-lender or rating agency, all determined with reference to total project costs. 7. The credit rating and method of offering conduit* bonds or notes of the City are important considerations. The City will not entertain applications for such financings unless (i) the debt is rated investment grade by a nationally recognized rating agency or (ii) the debt is sold in a private placement. Debt E2, Attachment 1 Workshop Packet Page Number 58 of 96 will be considered sold in a private placement (i) if no advertising or solicitation of the general public occurs, and (ii) if the bonds are initially sold to not more than ten purchasers (not including any underwriter or placement agent as a purchaser) and (iii) the City receives written certification from each initial purchaser (or each underwriter or placement agent based on its reasonable belief) that: (a) such purchaser has such knowledge and experience in financial and business matters that it is capable of evaluating the merits and the risks of the debt, and (b) such purchaser is not purchasing for more than one account or with a view to distributing the debt. In addition, for a private placement either (a) all bonds or notes (except for one bond or note) must always remain in minimum denominations of not less than $100,000, or (b) investment letters from not only each initial purchaser, but from any subsequent purchaser must be obtained which contains the above described certifications from the purchasers. Any offering material for a private placement must prominently state in effect that: “THE CITY OF MAPLEWOOD HAS NOT ASSUMED ANY RESPONSIBILITY TO REVIEW THIS OFFERING MATERIAL AND HAS NO RESPONSIBILITY FOR ITS ACCURACY OR COMPLETENESS. THE CITY HAS NO FINANCIAL OBLIGATION OF ANY NATURE WITH RESPECT TO THE OFFERED BONDS.” Finally, to qualify as a private placement the financing documents must require annual financial statements from the benefited private party (or the ultimate provider of credit) to be delivered to each investor (or a trustee). *The term “conduit” refers to any type of City revenue obligation the proceeds of which are loaned to a private party and for which the City has no financial obligation. 8. Applications for acquisition of or replacement of machinery and equipment will be discouraged unless in conjunction with a totally new business in Maplewood, a physical plant expansion of an existing business, or where it is shown that the equipment acquisition is essential to the continued operation of the business in Maplewood. Also, it is the City’s intent to assist where possible in the acquisition of pollution control equipment for any new or existing business being required to meet mandated standards. 9. A further permitted use under these guidelines are projects, whether profit or nonprofit, engaged in providing health care services, including hospitals, nursing homes, and related medical facilities, when either of the following findings can be made: a) Number of new jobs is increased. b) The project would provide a facility or service considered desirable or necessary by the community. The following procedures have been developed to facilitate the application for financing: E2, Attachment 1 Workshop Packet Page Number 59 of 96 Procedures 1. The applicant shall make an application for financing on forms available from the Finance Department of the City of Maplewood. The completed application is to be returned to the Finance Director, accompanied by the processing fee, whereupon the application will be forwarded to the City Council with a staff recommendation. Specific findings shall be made and recited regarding the criteria as well as satisfaction of public purposes of the applicable statutes. 2. The application cannot be considered by the City until tentative City Code findings and requirements have been made with respect to zoning, building plans, platting, streets and utility services. 3. The applicant is to select qualified financial consultants and/or underwriters, as well as legal counsel, to prepare all necessary documents and materials. The City may rely on the opinion of such experts and the application shall be accompanied by a financial analysis (pro forma income statement, debt service coverage, mortgage terms, etc.) by the underwriter as to the economic feasibility of the project and the underwriter’s ability to market the financing. Financial material submitted is to also include most recent fiscal year- end, audited, financial statements of the applicant and/or of any major lessee tenant, if readily available. 4. Further, in the case of the tax exempt mortgage placements, the applicant will be required to furnish the City, before passage of the Final Resolution, a comfort letter (but not necessarily a letter of commitment) from the lending institution, to the affect that said lending institution has reviewed the economic feasibility of the project, including the financial responsibility of the guarantors and find that, in their professional judgment, it is an economically viable project. 5. The applicant shall furnish along with the application, a description of the project, plat plan, rendering of proposed building, etc., and a brief description of the applicant company, all in such form as shall be required at the time of application. Such of this data as necessary may be furnished to members of the City Council for background information. 6. If an allocation of bonding authority is required under Minnesota Statutes, Chapter 474A, as amended, the applicant shall be required to pay any required application fee and provide any required application deposit as specified in Chapter 474A, without regard to whether the application fee or application deposit will be refunded. 7. The applicant shall covenant in the applicable conduit bond documents E2, Attachment 1 Workshop Packet Page Number 60 of 96 to comply with all applicable requirements of the Internal Revenue Code of 1986, as amended (the “Code”), and the applicable Treasury Regulations, including, but not limited to: (i) the arbitrage and rebate requirements of Section 148 of the Code; and (ii) the qualified bonds provisions of Sections 141(e), 142, 143, 144, and 145 of the Code. The applicant shall be the party responsible for monitoring the conduit bonds for compliance with such requirements and to remediate nonqualified bonds in accordance with the requirements of the Code and applicable Treasury Regulations. The applicant shall be the party responsible for monitoring compliance with the requirements of Section 148 of the Code. 8. The applicant shall covenant in the applicable conduit bond documents to reimburse the City for all costs paid or incurred by the City (including the fees of attorneys, financial advisors, accountants, and other advisors) as a result of the City’s response to or compliance with an audit, inspection, or compliance check (random or otherwise), by the Internal Revenue Service, the Minnesota Department of Revenue, the Minnesota Office of the State Auditor, or any other governmental agency with respect to the conduit bonds or the project financed with the proceeds of the conduit bonds. The following administrative fees and provisions apply to the application for financing: Administrative Fees and Provisions 1. The City Council reserves the right to deny any application for financing at any stage of the proceedings prior to adopting the final resolution authorizing issuance of the industrial development financing. The City Council may waive any provision of this Conduit Bonds Policy if the City Council determines that such waiver is in the best interests of the City. 2. The City is to be reimbursed, and held harmless, for and from any out- of-pocket costs related to the actual or proposed issuance of conduit revenue bonds. In addition, a nonrefundable processing fee of $2,500 must be submitted with the application. Upon closing, an administrative fee is due and payable to the City based on the following schedule: On the first $10,000,000 .50% of par On portion in excess of $10,000,000 .10% of par 3. In the case of a refinancing, the fee shall be calculated at 50% of the above schedule. The City will be reimbursed for any technical changes to a bond issue previously issued to be calculated at 25% of the above schedule. E2, Attachment 1 Workshop Packet Page Number 61 of 96 4. All applications and supporting materials and documents shall remain the property of the City. Note that all such materials may be subject to disclosure and/or public review under applicable provisions of State law. 5. The Finance Department shall, report all conduit debt issues in the Comprehensive Annual Financial Report in accordance with Generally Accepted Accounting Principles and shall report any material events with regard to all conduit debt issued by the City, and still outstanding, to the City Council. C. Post-Issuance Compliance Policy for Tax-Exempt Governmental Bonds The City of Maplewood issues tax-exempt governmental bonds to finance capital improvements. As an issuer of tax-exempt governmental bonds, the City is required by the terms of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended (the “Code”), and the Treasury Regulations promulgated thereunder (the “Treasury Regulations”), to take certain actions subsequent to the issuance of such bonds to ensure the continuing tax-exempt status of such bonds. In addition, Section 6001 of the Code and Section 1.6001-1(a) of the Treasury Regulations, impose record retention requirements on the City with respect to its tax-exempt governmental bonds. This Post- Issuance Compliance Procedure and Policy for Tax-Exempt Governmental Bonds (the “Policy”) has been approved and adopted by the City to ensure that the City complies with its post-issuance compliance obligations under applicable provisions of the Code and Treasury Regulations. 1. Effective Date and Term. The effective date of this Policy is the date of approval by the City Council of the City and shall remain in effect until superseded or terminated by action of the City Council of the City. This Policy amends and restates the Post- Issuance Compliance Procedure and Policy for Tax-Exempt Governmental Bonds adopted by the City Council of the City on June 10, 2012. 2. Responsible Parties. The Finance Director of the City shall be the party primarily responsible for ensuring that the City successfully carries out its post-issuance compliance requirements under applicable provisions of the Code and Treasury Regulations. The Finance Director will be assisted by the staff of the Finance Department of the City and by other City staff and officials when appropriate. The Finance Director of the City will also be assisted in carrying out post-issuance compliance requirements by the following organizations: (a) Bond Counsel (the law firm primarily responsible for providing bond counsel services for the City); (b) Municipal Advisor (the organization primarily responsible for providing financial advisor services to the City); E2, Attachment 1 Workshop Packet Page Number 62 of 96 (c) Paying Agent (the person, organization, or City officer primarily responsible for providing paying agent services for the City); and (d) Rebate Analyst (the organization primarily responsible for providing rebate analyst services for the City). The Finance Director shall be responsible for assigning post-issuance compliance responsibilities to members of the Finance Department, other staff of the City, Bond Counsel, Paying Agent, and Rebate Analyst. The Finance Director shall utilize such other professional service organizations as are necessary to ensure compliance with the post-issuance compliance requirements of the City. The Finance Director shall provide training and educational resources to City staff who are responsible for ensuring compliance with any portion of the post- issuance compliance requirements of this Policy. 3 .Post-Issuance Compliance Actions. The Finance Director shall take the following post- issuance compliance actions or shall verify that the following post-issuance compliance actions have been taken on behalf of the City with respect to each issue of tax-exempt governmental bonds issued by the City: a. The Finance Director shall prepare a transcript of principal documents (this action will be the primary responsibility of Bond Counsel). b. The Finance Director shall file with the Internal Revenue Service (the “IRS”), within the time limit imposed by Section 149(e) of the Code and applicable Treasury Regulations, an Information Return for Tax-Exempt Governmental Obligations, Form 8038-G (this action will be the primary responsibility of Bond Counsel). c. The Finance Director shall prepare an “allocation memorandum” for each issue of tax-exempt governmental bonds in accordance with the provisions of Treasury Regulations, Section 1.148- 6(d)(1), that accounts for the allocation of the proceeds of the tax- exempt bonds to expenditures not later than the earlier of: i. eighteen (18) months after the later of (A) the date the expenditure is paid, or (B) the date the project, if any, that is financed by the tax-exempt bond issue is placed in service; or ii. the date sixty (60) days after the earlier of (A) the fifth anniversary of the issue date of the tax-exempt bond issue, or (B) the date sixty (60) days after the retirement of the tax-exempt bond issue. E2, Attachment 1 Workshop Packet Page Number 63 of 96 Preparation of the allocation memorandum will be the primary responsibility of the Finance Director (in consultation with the Municipal Advisor and Bond Counsel). d. The Finance Director, in consultation with Bond Counsel, shall identify proceeds of tax-exempt governmental bonds that must be yield-restricted and shall monitor the investments of any yield- restricted funds to ensure that the yield on such investments does not exceed the yield to which such investments are restricted. e. In consultation with Bond Counsel, the Finance Director shall determine whether the City is subject to the rebate requirements of Section 148(f) of the Code with respect to each issue of tax- exempt governmental bonds. In consultation with Bond Counsel, the Finance Director shall determine, with respect to each issue of tax-exempt governmental bonds of the City, whether the City is eligible for any of the temporary periods for unrestricted investments and is eligible for any of the spending exceptions to the rebate requirements. The Finance Director shall contact the Rebate Analyst (and, if appropriate, Bond Counsel) prior to the fifth anniversary of the date of issuance of each issue of tax- exempt governmental bonds of the City and each fifth anniversary thereafter to arrange for calculations of the rebate requirements with respect to such tax-exempt governmental bonds. If a rebate payment is required to be paid by the City, the Finance Director shall prepare or cause to be prepared the Arbitrage Rebate, Yield Reduction and Penalty in Lieu of Arbitrage Rebate, Form 8038-T, and submit such Form 8038-T to the IRS with the required rebate payment. If the City is authorized to recover a rebate payment previously paid, the Finance Director shall prepare or cause to be prepared the Request for Recovery of Overpayments Under Arbitrage Rebate Provisions, Form 8038-R, with respect to such rebate recovery, and submit such Form 8038-R to the IRS. 4. Procedures for Monitoring, Verification, and Inspections. The Finance Director shall institute such procedures as the Finance Director shall deem necessary and appropriate to monitor the use of the proceeds of tax-exempt governmental bonds issued by the City, to verify that certain post-issuance compliance actions have been taken by the City, and to provide for the inspection of the facilities financed with the proceeds of such bonds. At a minimum, the Finance Director shall establish the following procedures: (a) The Finance Director shall monitor the use of the proceeds of tax- exempt governmental bonds to: (i) ensure compliance with the expenditure and investment requirements under the temporary period provisions set forth in Treasury Regulations, Section 1.148- E2, Attachment 1 Workshop Packet Page Number 64 of 96 2(e); (ii) ensure compliance with the safe harbor restrictions on the acquisition of investments set forth in Treasury Regulations, Section 1.148-5(d); (iii) ensure that the investments of any yield-restricted funds do not exceed the yield to which such investments are restricted; and (iv) determine whether there has been compliance with the spend-down requirements under the spending exceptions to the rebate requirements set forth in Treasury Regulations, Section 1.148-7. (b) The Finance Director shall monitor the use of all bond-financed facilities in order to: (i) determine whether private business uses of bond-financed facilities have exceeded the de minimus limits set forth in Section 141(b) of the Code as a result of leases and subleases, licenses, management contracts, research contracts, naming rights agreements, or other arrangements that provide special legal entitlements to nongovernmental persons; and (ii) determine whether private security or payments that exceed the de minimus limits set forth in Section 141(b) of the Code have been provided by nongovernmental persons with respect to such bond- financed facilities. The Finance Director shall provide training and educational resources to any City staff who have the primary responsibility for the operation, maintenance, or inspection of bond- financed facilities with regard to the limitations on the private business use of bond-financed facilities and as to the limitations on the private security or payments with respect to bond-financed facilities. (c) The Finance Director shall undertake the following with respect to each outstanding issue of tax-exempt governmental bonds of the City: (i) an annual review of the books and records maintained by the City with respect to such bonds; and (ii) an annual physical inspection of the facilities financed with the proceeds of such bonds, conducted by the Finance Director with the assistance with any City staff who have the primary responsibility for the operation, maintenance, or inspection of such bond-financed facilities. 5. Record Retention Requirements. The Finance Director shall collect and retain the following records with respect to each issue of tax-exempt governmental bonds of the City and with respect to the facilities financed with the proceeds of such bonds: (i) audited financial statements of the City; (ii) appraisals, demand surveys, or feasibility studies with respect to the facilities to be financed with the proceeds of such bonds; (iii) publications, brochures, and newspaper articles related to the bond financing; (iv) trustee or paying agent statements; (v) records of all investments and the gains (or losses) from such investments; (vi) paying agent or trustee statements regarding investments and investment earnings; (vii) reimbursement resolutions and expenditures reimbursed with the proceeds of such bonds; (viii) allocations of proceeds to E2, Attachment 1 Workshop Packet Page Number 65 of 96 expenditures (including costs of issuance) and the dates and amounts of such expenditures (including requisitions, draw schedules, draw requests, invoices, bills, and cancelled checks with respect to such expenditures); (ix) contracts entered into for the construction, renovation, or purchase of bond-financed facilities; (x) an asset list or schedule of all bond-financed depreciable property and any depreciation schedules with respect to such assets or property; (xi) records of the purchases and sales of bond-financed assets; (xii) private business uses of bond-financed facilities that arise subsequent to the date of issue through leases and subleases, licenses, management contracts, research contracts, naming rights agreements, or other arrangements that provide special legal entitlements to nongovernmental persons and copies of any such agreements or instruments; (xiii) arbitrage rebate reports and records of rebate and yield reduction payments; (xiv) resolutions or other actions taken by the governing body subsequent to the date of issue with respect to such bonds; (xv) formal elections authorized by the Code or Treasury Regulations that are taken with respect to such bonds; (xvi) relevant correspondence, including letters, faxes or emails, relating to such bonds; (xvii) documents related to guaranteed investment contracts or certificates of deposit, credit enhancement transactions, and financial derivatives entered into subsequent to the date of issue; (xviii) bidding of financial products for investment securities; (xix) copies of all Form 8038- Ts, Form 8038-Rs, and Form 8038-CPs filed with the IRS and any other forms or documents filed with the IRS; (xx) the transcript prepared with respect to such tax-exempt governmental bonds, including but not limited to (a) official statements, private placement documents, or other offering documents, (b) minutes and resolutions, orders, or ordinances or other similar authorization for the issuance of such bonds, and (c) certification of the issue price of such bonds; and (xxi) documents related to government grants associated with the construction, renovation, or purchase of bond-financed facilities. The records collected by the Finance Director shall be stored in any format deemed appropriate by the Finance Director and shall be retained for a period equal to the life of the tax-exempt governmental bonds with respect to which the records are collected (which shall include the life of any bonds issued to refund any portion of such tax-exempt governmental bonds or to refund any refunding bonds) plus three (3) years. The Finance Director shall also collect and retain reports of any IRS examination of the City or any of its bond financings. 6. Remedies. In consultation with Bond Counsel, the Finance Director shall become acquainted with the remedial actions (including redemption or defeasance) under Treasury Regulations, Section 1.141-12, to be utilized in the event that private business use of bond- financed facilities exceeds the de minimus limits under Section 141(b)(1) of the Code. In consultation with Bond Counsel, the Finance Director shall become acquainted with the Tax Exempt Bonds Voluntary Closing Agreement Program described in Notice 2008-31, 2008-11 I.R.B. 592, to be utilized as a means for an issuer to correct any post- E2, Attachment 1 Workshop Packet Page Number 66 of 96 issuance infractions of the Code and Treasury Regulations with respect to outstanding tax-exempt bonds. 7. Continuing Disclosure Obligations. In addition to its post-issuance compliance requirements under applicable provisions of the Code and Treasury Regulations, the City has agreed to provide continuing disclosure, such as annual financial information and material event notices, pursuant to a continuing disclosure certificate or similar document (the “Continuing Disclosure Document”) prepared by Bond Counsel and made a part of the transcript with respect to each issue of bonds of the City that is subject to such continuing disclosure requirements. The Continuing Disclosure Documents are executed by the City to assist the underwriters of the City’s bonds in meeting their obligations under Securities and Exchange Commission Regulation, 17 C.F.R. Section 240.15c2-12, as in effect and interpreted form time to time (“Rule 15c2-12”).The continuing disclosure obligations of the City are governed by the Continuing Disclosure Documents and by the terms of Rule 15c2-12. The Finance Director is primarily responsible for undertaking such continuing disclosure obligations and to monitor compliance with such obligations. 8. Other Post-Issuance Actions. If, in consultation with Bond Counsel, Municipal Advisor, Paying Agent, Rebate Analyst, the City Manager, the City Attorney, or the City Council, the Finance Director determines that any additional action not identified in this Policy must be taken by the Finance Director to ensure the continuing tax-exempt status of any issue of governmental bonds of the City, the Finance Director shall take such action if the Finance Director has the authority to do so. If, after consultation with Bond Counsel, Municipal Advisor, Paying Agent, Rebate Analyst, the City Manager, the City Attorney, or the City Council, the Finance Director and the City Manager determine that this Policy must be amended or supplemented to ensure the continuing tax- exempt status of any issue of governmental bonds of the City, the City Manager shall recommend to the City Council that this Policy be so amended or supplemented. 9. Taxable Governmental Bonds. Most of the provisions of this Policy, other than the provisions of Section 7, are not applicable to governmental bonds the interest on which is includable in gross income for federal income tax purposes. On the other hand, if an issue of taxable governmental bonds is later refunded with the proceeds of an issue of tax-exempt governmental refunding bonds, then the uses of the proceeds of the taxable governmental bonds and the uses of the facilities financed with the proceeds of the taxable governmental bonds will be relevant to the tax-exempt status of the governmental refunding bonds. Therefore, if there is any reasonable possibility that an issue of taxable governmental bonds may be refunded, in whole or in part, with the proceeds of an issue of tax-exempt governmental bonds then, for purposes of this Policy, the Finance Director shall treat the issue of taxable governmental bonds as if such issue were an issue of tax- E2, Attachment 1 Workshop Packet Page Number 67 of 96 exempt governmental bonds and shall carry out and comply with the requirements of this Policy with respect to such taxable governmental bonds. The Finance Director shall seek the advice of Bond Counsel as to whether there is any reasonable possibility of issuing tax-exempt governmental bonds to refund an issue of taxable governmental bonds. 10. Qualified 501(c)(3) Bonds. If the City issues bonds to finance a facility to be owned by the City but which may be used, in whole or in substantial part, by a nongovernmental organization that is exempt from federal income taxation under Section 501(a) of the Code as a result of the application of Section 501(c)(3) of the Code (a “501(c)(3) Organization”), the City may elect to issue the bonds as “qualified 501(c)(3) bonds” the interest on which is exempt from federal income taxation under Sections 103 and 145 of the Code and applicable Treasury Regulations. Although such qualified 501(c)(3) bonds are not governmental bonds, at the election of the Finance Director, for purposes of this Policy, the Finance Director shall treat such issue of qualified 501(c)(3) bonds as if such issue were an issue of tax-exempt governmental bonds and shall carry out and comply with the requirements of this Policy with respect to such qualified 501(c)(3) bonds. E2, Attachment 1 Workshop Packet Page Number 68 of 96 8. Accounting, Auditing, and Financial Reporting The key to effective financial management is to provide accurate, current, and meaningful information about the City’s operations to guide decision making and enhance and protect the City’s financial position. A. Policy 1. The City’s accounting system will maintain records on a basis consistent with generally accepted accounting standards and principles for local government accounting as set forth by the Government Accounting Standards Board (GASB) and in conformance with the State Auditor’s requirements per State Statutes. This allows for modified accrual for populations exceeding 2,500, or cash basis for smaller communities. 2. The City will establish and maintain a high standard of accounting practices. 3. The City will follow a policy of full disclosure written in clear and understandable language in all reports on its financial condition. 4. The Finance Department will provide timely monthly and annual financial reports to users. 5. An independent public accounting firm will perform an annual audit and issue an opinion on the City’s financial statements. 6. Annually the City Council and staff will meet with the Auditors to review the audit report. 7. Periodic financial reports on budget performance will be provided to the City Council monthly. 8. The City shall annually submit the Comprehensive Annual Financial Report (CAFR) to the Government Finance Officers Association (GFOA) for the purpose of earning the Certificate of Achievement for Excellence in Financial Reporting. 9. The City’s CAFR shall be made available to citizens and the general public upon request and on the City’s website. The City shall strive to maintain full transparency and accountability of all of its financial resources and assets. 10. The City Council may appoint an audit committee for the purpose of providing independent review and oversight of the City’s financial reporting processes, framework of internal control, and independent auditors. The Committee will consist of the City Manager, Finance Director, and two members of the City Council. The Committee will establish guidelines for operation and scope of work. E2, Attachment 1 Workshop Packet Page Number 69 of 96 9. Risk Management A comprehensive risk management plan seeks to manage the risks of loss encountered in the everyday operations of an organization. Risk management involves such key components as risk avoidance, risk reduction, risk assumption, and risk transfers through the purchase of insurance. The purpose of establishing a risk management policy is to help maintain the integrity and financial stability of the City, protect its employees from injury, and reduce overall costs of operations. A. Policy 1. The City will maintain a risk management program that will minimize the impact of legal liabilities, natural disasters or other emergencies through the following activities: a) Loss prevention - prevent losses where possible. b) Loss control - reduce or mitigate losses. c) Loss financing - provide a means to finance losses. d) Loss information management - collect and analyze data to make prudent prevention, control and financing decisions. 2. The City will review and analyze all areas of risk in order to, whenever possible, avoid and reduce risks or transfer risks to other entities. Of the risks that must be retained, it shall be the policy to fund the risks which the City can afford and transfer all other risks to insurers. 3. The City will maintain an active safety committee comprised of City employees. 4. The City will periodically conduct educational safety and risk avoidance programs within its various divisions. 5. The City will, on an ongoing basis, analyze the feasibility of self-funding and other cooperative funding options in lieu of purchasing outside insurance in order to provide the best coverage at the most economical cost. 6. The Finance Director will maintain effective internal control policies designed to help safeguard the City’s assets. 7. Staff will report to the Council, annually on the results of the City’s risk management program for the preceding year. E2, Attachment 1 Workshop Packet Page Number 70 of 96 10. Grant Management A. Policy 1. The City will aggressively pursue all available grant opportunities. Each grant shall be evaluated on the long-term financial impact to the City. The City will only accept grants for one-time or capital items or when the continued funding of the program can be incorporated into the City’s future budgets. 2. All grants and other federal and state funds shall be managed to comply with the laws, regulations, and guidance of the grantor. 3. The wishes and instructions of the donor will be strongly considered when managing and expending gifts and donation. 4. The Finance Department must be notified of all grant applications prior to submission of the grant application. The Finance Department must also be notified of all related requests for reimbursement at the time of request. E2, Attachment 1 Workshop Packet Page Number 71 of 96 11. Public Purpose Expenditure Policy Purpose The City Council recognizes that public funds may only be spent if the expenditure meets a public purpose and the expenditure relates to the governmental purpose for which the City of Maplewood was created. The meaning of “public purpose” is constantly evolving. The Minnesota Supreme Court has followed a broad approach and has generally concluded that “public purpose” means an activity that meets ALL of the following standards:  The activity will primarily benefit the community as a body.  The activity is directly related to functions of government.  The activity does not have as its primary objective the benefit of a private interest whether profit or not-for-profit. This policy is intended to provide guidelines regarding which expenditures are for public purposes and authorized in accordance with the City’s annual budget process, and which expenditures are not considered to fall within the public purpose definition and are therefore not allowed. There is a public benefit in ensuring high employee productivity and morale. Responsibility The City Manager is the responsible authority overseeing all City expenditures and as such is the chief purchasing agent for the City. Responsibility for administering this Public Purpose Expenditure Policy has been delegated to the Finance Department. Further, all officers and employees authorized by their Department to make purchases for the benefit of their respective departments are responsible for complying with this policy and corresponding procedures. Policy Expenditures of public funds must comply with the public purpose standards defined above. When reviewing an expenditure to verify the standards have been met, the City Manager, or his/her designee, should consider the time of day the event is held, the business purpose of the event, whether the event was intended to attract non-City employees, the frequency of the event, and the reasonableness of the cost. The following guidelines address specific examples of public expenditures, but examples are not meant to be all-inclusive. E2, Attachment 1 Workshop Packet Page Number 72 of 96 Examples of Permitted Expenditures for Meals and Refreshments Use of City funds in reasonable amounts for meals and/or refreshments for elected and appointed city officials and employees are permitted in the following circumstances, with Department Head approval:  City-sponsored events of a community-wide interest where staff are required to be present (e.g., 4th of July Festival, National Night Out, Citizens Police Academy).City council, boards and commissions meetings held during or adjacent to a meal hour.  Meetings related to City business at which the attendees include non- city representatives.  Professional association meetings, conferences and training when meals are included as part of the registration or program fee, or in accordance with the travel policy.  Election judge training meetings.  Annual employee recognition and appreciation events (e.g., service awards, de minimis food and beverage, employee Christmas breakfast.  Annual recognition events for volunteer and non-employees (e.g., annual fire department banquet and volunteer appreciation lunch).  Fire department meetings and in-house training sessions.  Multi-departmental meetings scheduled during or adjacent to a meal hour when no other meeting time is available.  Work activities requiring continuous service when it is not possible to break for meals (e.g., election days, water main breaks, emergency snow removal, time-sensitive public safety responses).  Healthy snacks and incentives of moderate value provided to attendees of safety, health, and wellness programs for City employees.  Events recognizing completion of a significant work-related project (City Manager approval required). Examples of Other Permitted Expenditures  Up to $100 may be used toward a retirement or farewell recognition event when an employee retires or resigns after a minimum of 10 years with the City. The funds may be used for a cake, beverages, decorations, and a plaque. The funds may not be used for a gift. E2, Attachment 1 Workshop Packet Page Number 73 of 96  Uniforms, clothing or apparel that is considered necessary for safety or for visible staff recognition by the public (e.g. safety footwear and eyewear for maintenance personnel, shirts purchased to identify staff leadership status at events).  Staff time and equipment use for city sponsored employee events as approved by City Council and/or City Manager as allowed by state statute (e.g. set-up for annual employee picnic).  City expenditures for non-profit organizations allowed by state statute. Prohibited Expenditures Use of City funds for meals and/or refreshments for elected and appointed City officials and employees are prohibited:  Food and refreshments for routine work meetings.  Alcoholic beverages.  Employee functions or celebrations that are solely social in nature (e.g., birthdays, holiday luncheon, ice cream social).  Fundraisers for non-City related events (e.g., Chamber of Commerce).  Participation in optional activities unless included as part of an overall conference registration fee (e.g. optional golf rounds, sporting events, concerts).  Employee-sponsored fundraising events (e.g., charitable giving campaign).  For funeral flower arrangements upon death of an employee, elected official, or one of their immediate family members.  Clothing or apparel that is not considered necessary for safety or for visible staff recognition by the public (e.g. sweatshirts for a job well done, departmental shirts given to staff to promote team spirit).  Employee coffee and supplies, coffee services Permitted Use of Assets Specific City assets such as equipment may be used by City employees for personal reasons only when City management has established the following:  Costs and wear resulting from use of the assets are reasonable and E2, Attachment 1 Workshop Packet Page Number 74 of 96 minimized. Administrative controls are in place to ensure that the use is appropriate and not abused. There is a documented/demonstrated City benefit by such usage (e.g. such as the Mobile Device Policy or Information Security Policy) as approved by the City Manager. Such permitted use may include: Incidental and de minimis use of City-owned electronic equipment such as City-owned mobile devices, tablets, copiers, etc. as specifically covered under other City policies. Incidental and de minimis use of non-motorized tools, such as hammers and wrenches. Prohibited Use of Assets Examples of use of City assets for personal use is prohibited in the following circumstances: City employees washing personal autos at the public works facility car wash. Employees borrowing City-owned non-motorized or motorized tools for personal use. Documentation All expenses allowed above must be fully documented. The expected documentation will include: date and time of the event, business reason for the event (agenda from a meeting is sufficient), staff and non-city representatives in attendance, and a receipt for the actual purchase. Supervisor approval and written documentation is required for use of City assets. Failure to provide sufficient documentation may result in a denial of the expense. Any expenditure for meals or refreshments that exceeds $250 for one event must have prior, written authorization by the Department Head, before the purchase is made. Any expenditure for meals or refreshments that exceeds $500 for one event must have prior, written authorization by the City Manager, before the purchase is made. Failure to obtain the necessary authorization may result in denial of the claim. E2, Attachment 1 Workshop Packet Page Number 75 of 96 Special Requests From time to time, there may be an event that is a proper public expenditure, but that is not contemplated by the policy above. Departments may submit to the City Manager, or the City Manager’s designee, a request for such a public expenditure in writing. This request must show how the expenditure is related to a public purpose as stated in the Purpose section above. Only expenditures that meet all of the findings in the Purpose section above may be approved. Periodic Review This policy shall be reviewed at least once every five years by the City Manager or designee. E2, Attachment 1 Workshop Packet Page Number 76 of 96 TruThFinancial PoliciesCity Council WorkshopApril 24, 2017E2, Attachment 2 Workshop Packet Page Number 77 of 96 Financial PoliciesRevenue ManagementCash and InvestmentsReservesOperating BudgetCapital ImprovementEconomic Development AuthorityDebt ManagementAccounting, Auditing and Financial ReportingRisk ManagementGrant ManagementPublic Purpose Expenditure PolicyProcurement PolicyE2, Attachment 2 Workshop Packet Page Number 78 of 96 Revenue Management•Diversification– property taxes should not be sole source; when possible diversify revenue sources. Recommend increase in electric franchise fees.•Equity– emphasis on fairness and minimizing tax differential burdens. Property taxes vs. user fees.•Economic Development – Consider the local economy and economic development when establishing revenue sources.•Collections– the cost of collections should not be burdensome. Gives staff ability to write off up to $5.E2, Attachment 2 Workshop Packet Page Number 79 of 96 Cash and Investments•Primary Objectives•Safety•Liquidity•Diversification of Instruments•Diversification of Maturities•YieldMinnesota Statutes § 118A establish significant parameters for local government investment authority.E2, Attachment 2 Workshop Packet Page Number 80 of 96 Cash and Investments (continued)•Diversification of Investments•Commercial Paper – limit to 20% of total portfolio and 5% for one issuer.•Certificates of Deposit – limit to 70% of portfolio.•Government Securities – limit to 70% of portfolio.•Repurchase Agreements – limit to 5% of portfolio.•State of Local Government Securities – limit to 50% of portfolio and 10% for one issuer.•Money Market Funds – limit to 70% of portfolio.•Diversification of Maturities•No more than 20% of the portfolio beyond 5 years, and no maturities beyond 10 years.E2, Attachment 2 Workshop Packet Page Number 81 of 96 Reserves•Fund Balance Classifications•Nonspendable – inventories and prepaid items•Restricted – externally imposed constraints•Committed – City Council imposed constraints•Assigned – specific purpose, usually assigned by City Manager or Finance Director•Unassigned – residual classification for General Fund and negative residual amounts in other funds.E2, Attachment 2 Workshop Packet Page Number 82 of 96 Reserves (continued)•General Fund – minimum of 40% of operating expenditures.•Special Revenue Funds – maintain adequate cash flow without issuance of debt.•Debt Service Funds – minimum of 50% of annual debt service expenditures.•Capital Project Funds – maintain adequate working capital for current expenditures, maximum amount necessary to fund future capital needs.•Enterprise Funds – Adequate working capital, 3 months.•Internal Service Funds – maintain 10% of expenditures. E2, Attachment 2 Workshop Packet Page Number 83 of 96 Operating Budget•No substantive changes to existing policy.•Requirement for balanced budget.•Adds long-term financial planning component.•City Manager may approve transfer of budget amounts between accounts in a departmental budget. Any increase in a department’s budget must be approved by City Council.E2, Attachment 2 Workshop Packet Page Number 84 of 96 Capital Improvement Plan•No substantive changes to existing policy.•Includes requirement to analyze impact on outstanding debt and property tax burden.•Encourages consideration of pay-as-you-go financing and other non-traditional forms of financing including tax-exempt leasing and direct bank investment. E2, Attachment 2 Workshop Packet Page Number 85 of 96 Economic Development Authority•No substantive changes to existing policy.•Part of the City’s levy and is subject to any statutory levy limits of the City.•M.S. § 469.107 authorizes the City Council to levy a tax of up to 0.01813% of estimated market value.E2, Attachment 2 Workshop Packet Page Number 86 of 96 Debt Management•Restrictions on Debt Issuance•Debt should not be used for current operations. •Encourages pay-as-you-go financing for equipment.•Financial Limitations •Encourages limits on issuances to 20 years or less.•Encourages retirement of at least 50% of principal within 2/3 of the term of the bond issuance.•Encourages limitation of debt to less than $1,800 per capita.•Encourages regular communications with bond rating agencies and maintaining highest possible bond rating.•Changes refunding threshold to savings of statutory amount of 3% of principal, rather than 3.5%.E2, Attachment 2 Workshop Packet Page Number 87 of 96 Debt Management (continued)•Professional Services •Encourages selection of municipal financial advisors and bond counsel through a formal RFP process every 5 years.•Encourages positive perception in the marketplace and a strategy to maintain good relations with rating agencies. •Conduit Debt Policy•Sets parameters for applications to be received.•Increases administrative fee to .50% of par on the first $10M, instead of .25% of par.•Decreases application fee from $3,500 to $2,500.E2, Attachment 2 Workshop Packet Page Number 88 of 96 Debt Management (continued)•Post-Issuance Compliance Policy for Tax Exempt Governmental Bonds•Required by Internal Revenue Code to ensure compliance with all rules, regulations, and requirements after the issuance of the bonds.•Changes existing policy by making Finance Director responsible for post-issuance compliance responsibilities, rather than City Council.•Establishes 18-month arbitrage period.E2, Attachment 2 Workshop Packet Page Number 89 of 96 Accounting, Auditing and Reporting•Audit Committee•Added the provision for the creation of an audit committee to allow for review and oversight of the City’s financial reporting, internal controls, and independent audit. First recommended with Sarbanes-Oxley legislation.•Audit committee would consist of the City Manager, Finance Director and two members of the City Council.•Provides for independent meetings of the two City Council committee members and the City’s independent auditors, without the Finance Director and City Manager present. E2, Attachment 2 Workshop Packet Page Number 90 of 96 Risk Management•No substantive changes to the existing policy.•Emphasis on loss prevention and safety programs.E2, Attachment 2 Workshop Packet Page Number 91 of 96 Grant Management•No substantive changes to the existing policy.•Adds a notification provision for all departments to the Finance Department. This will allow the City to ensure compliance with the new federal Uniform Grant Guidelines. E2, Attachment 2 Workshop Packet Page Number 92 of 96 Public Purpose Expenditure Policy•Public Purpose•This is a new policy; however, some components were included in the former purchasing policy.•Defines public purpose in the context of Supreme Court decisions.•Activity will primarily benefit the community;•Activity is directly related to functions of government;•Activity does not primarily benefit private interest.•Sets clear examples for permitted and non-permitted expenditures (i.e., food, refreshments, employee functions).E2, Attachment 2 Workshop Packet Page Number 93 of 96 Procurement Policy•Formerly known as the Purchasing Policy.•Meets several new requirements of the new federal Uniform Grant Guidelines.•Adds guidelines for sole source purchases.•Adds a section on Ethics and Conflict of Interest.•Adds a section encouraging affirmative action.E2, Attachment 2 Workshop Packet Page Number 94 of 96 Council Considerations•Recommendation•Establish parameters for debt policy if not in agreement with recommendations.•Adopt the 2017 Financial Policies.E2, Attachment 2 Workshop Packet Page Number 95 of 96 Questions?E2, Attachment 2 Workshop Packet Page Number 96 of 96