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Council Minutes of 12/3/2001 <br />suggestion was made that use of the rainy day fund be investigated because the title of <br />~~ that truly fits this particular problem. The meeting concluded with the understanding that <br />the Law Department would be contacted for an opinion on the use of bond retirement <br />fund investment earnings to potentially pay all or some of Springvale's 2002 debt. Also <br />discussed was the issue of Council passing legislation for a formal loan agreement with <br />repayment terms, possibly including the ability or requirement to charge interest. It was <br />felt that, without such an agreement in place, it would seem that covering these debts was <br />a gift from the city. That is not Council's intention. <br />2) The committee discussed the issue of Ordinance 2000-130 which involves the cell <br />tower at Clague Park and the use of it. It was recommended that this ordinance be tabled <br />at the next Council meeting. <br />Finance Director Copfer said she would like to reiterate that it's not just the bond <br />retirement fund, but it is investment earnings from the bond retirement fund. <br />Regarding the on-going project at Spruigvale, Councilwoman Kesler asked Mr. Miller to <br />clarify the statement that there were no rain days in the bidding process. Mr. Miller said <br />the contractor is counting 30 rain days against their ability to complete the project. Rain <br />days do not just mean falling rain, but the impact of the rain for a day or two thereafter <br />when machinery cannot be used as it may cause damage to the cowse. There were no <br />rain days projected or included in the bidding process when they projected their <br />completion day. In other words, in order to complete it on time, you would need <br />extremely good weather and zero rain days. Mrs. Kesler then asked Mrs. Copfer if it is <br />her first choice to use the investment earnings to make the Springvale debt payments and <br />Mrs. Copfer said yes. Mrs. Kesler then asked if the investmenrt earnings in the bond <br />retirement fund can only be used for debt payment, and Mrs. Copfer said no, not <br />necessarily. She, Mr. Gateau and John Larson (bond counsel) discussed this issue. <br />Technically, it could be used for other things. Traditionally those monies have gone into <br />the bond retirement fund. Mrs. Kesler asked where else the funds could be used. Law <br />Director Gateau commented that Mr. Larson had indicated that, on an annual basis, what <br />you would typically do with the interest income in the bond retirement fund was re- <br />appropriate those funds. The funds could be re-appropriated by transferring those funds <br />(investmern income) to either the general fund or by leaving them in the bond retirement <br />fund to accumulate and presumably to be used to pay debt. The funds are not segregated <br />solely to be used for bond retirement. Mrs. Kesler asked if the investment earnings funds <br />were potentially general fund monies. Finance Director Copfer said potetrtially, but she <br />wouldn't advise it. It was her understanding that once money is in the bond retirement <br />fund, it stays there. It is good financial practice to keep the earnings in the bond <br />retirement fund. Mrs. Kesler asked the Law Director whether Council actually had to re- <br />appropriate the money or whether leaving it in the bond retirement fund was in effect <br />appropriating it there. Law Director Gateau said yes, or it could be appropriated to the <br />general fund or the rainy day fund or wherever Council wanted to put it. Mr. Kesler <br />asked what is a fiscally responsible amount of money to leave in the fund. Mrs. Copfer <br />said there are differing opinions. Wall Street would like to see $2 million, because that's <br />just more security to pay debt down in the futwe. She expects it to top off around about <br />$1.5 million that is her long-term goal. Mrs. Kesler said it is a concern that, if the funds <br />3 <br />I <br />