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05-955Council File # �' �S Crreen Sheet # 3�Z fr 33 j RESOLUTION Presented By Referred To Committee: Date: Resolution Directing Finance Team to Structure City 2005 STAR Bonds 2 3 WHEREAS, in 2005 the Minnesota Legislature modified the Sales Tax law to allow to for the 4 additional issuance of debt for strategic land assembly iniriatives; and 6 WHEREAS, resources are needed for the City/HRA to undertake mixed use projects throughout 7 the Saint Paul neighborhoods and downtown to improve the taac base; and 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, Springsted, the City Financial Advisor, in consultation with the Director of Financial Services, the City Treasurer, and PED Resources has coordinated and reviewed the September 2005 RFP which solicited a qualified Underwriter(s) to assist in the shucturing of taxable subordinate 2005 STAR Bonds, and WHEREAS, based upon the lowest cost fixed rate bond structure proposal, it is recommended that the City's Office of Financial Services and PED Resources (the "Finance Team") works with UBS Financial Service Inc. ("UBS")and RBC Dain Rauscher ("Dain"), as underwriter co- managers to complete the issuance of the needed debt before the end of the year. NOW THEREFORE BE IT RESOLVED, the City Council directs: The Finance Team to work with Springsted, Briggs and Morgan and underwriters UBS and Dain as co-managers for the issuance of these bonds. The Finance Team to return by December 7, 2005 to the City Council for consideration of a new taYable STAR TIF revenue bond issue of up to $25M (net proceeds) consistent with the Sales Tas Law attached in Eachibit A. The preparation of guidelines for the use of 2005 STAR Bond proceeds (to be initially deposited in an Undesignated 2005 STAR Bonds Projects Account). The draft guidelines, which will be prepared by PED, will have review and comment in November by the Neighborhood STAR Board before considerarion by City Council. OF SAINT PAUL, NIINNESOTA l 7 OS- 9SS Yeas Nays Absent Benanav �/' Bos4om � Hazris f Helgen �� �� ,� Montgomery � Thune i� � � D�.r.�� �� ���orm Approved by City Attomey Date n � Adoption Certified by CouncIl Secretary g ! � � Adopted by CouncIl: Requested by Department of Planning and Economic Development and Office of Financial Services B c = =z k� ' L ��.!///��'Tit-!'/G4 �M•/�� AppLOVed by Financial Services By: ��� By: Approved by By: OS- 95S � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � , Depar6nenUoffice/council: i Datelnifiated: ; PE -P�� ��-� ; Green Sheet NO: 3028331 i Confact Person & Phone: f Bob Geurs/Tadd Huriey ' 266-6653 � Must Be on CouncilAgenda by (Date): � i � ' ContractType: '� OT-0THER(DOESNTFfTANY �; CATEGORY) -' � UepalLnent Seni lo rerson Inloawaie � 0 � lannine & Economic Develoo i Bob Genrs I � Assign I 1 � lannin &EconomicDevelo IDirectodS.Kimberl � Number Z '�(.ShAttornev ' pNAttomev For � Routing I 3 SYiavor's Offiee I Mavor ar Assistant Order �� 4 ancd uncil i 5 - lanoin & Economic Develo Bob Geurs i � Total # of Signature Pages _(Clip All Locations for Signature) Name Finance Team (including UBS and RBC Dain Rauscher) to shvcture 2005 City STAR Bonds. Retum to Council by end of November for consideration to issue new debt. rcecommenaanons: Hppro�e �A7 or tte7ect (K7: Planning Commission CB Committee _ _ CiNI Senice Commission rersona� service convacts mus� Answerme ronowmg ctueswns: 1. Has this persoNfirtn eeer waked under a contract for this department? Yes No 2. Has this personlfirtn eeer been a city employee? Yes No 3. Does this persoNfirtn possess a skill not rrortnally possessed by any c�ment city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): 2005 state law change allows for additional STAR debt for strategic land assembly initiative. Estimated amount is $25m (net). Advantaqes NApprovetl: Additional funds to undertake land assembly initiarive. Disadvantaqes If Approved: None, Imown. Disadvantages If Not Approved: Lost oppor[unity to increase tax base. iotal Hfnount of Transaction: Funding Source: Fiaancial lnformation: (Explain) CosURevenue Budgeted: Activity Number: October 5, 2005 1:32 PM Page 1 Robert Geurs - FINAL STAR bonding authority language.doc �k � i �O �� � tt (s�.� ��-�) 2005 Special Session Chapter 3, Article 5 Sections 26 and 27 Original Legisiarion: SF 1209 (Tax III Bill) 141.13 141.14 141.15 141.16 141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 Sec. 26. Laws 1993, chapter 375, article 9, section 46, subdivision 2, as amended by Laws 1997, chapter 231, article 7, section 40, and Laws 1998, chapter 389, article 8, section 30, and Laws 2003, First Special Session chapter 21, article 8, section 13, is amended to read: Subd. 2. [USE OF REVENLIES.] Revenues received from the tax authorized by subdivision 1 may only be used by the city to pay the cost of collecting the taY, and to pay for the following projects or to secure or pay any principal, premium, or interest on bonds issued in accordance with subdivision 3 for the following projects. (a) To pay all or a portion of the capital expenses of construction, equipment and acquisition costs for the expansion and remodeling of the St. Paul Civic Center complex, including the demolition of the existing arena and the construction and 141.28 equipping of a new arena. 141.29 (b) Except as provided in para�raphs �l and (fl. the 141.30 remainder of the funds must be spent for: 141.31 (1) capital projects to further residential, cultural, 14132 commercial, and economic development in both downtown St. Paul 14133 and St. Paul neighborhoods; and 14134 (2) capital and operating expenses of cultural 141.35 organizations in the city, provided that the amount spent under 141.36 this clause must equal ten percent of the total amount spent 142.1 under this paragraph in any year. 142.2 (c) The amount apportioned under paragraph (b) shall be no 1423 less than 60 percent of the revenues derived from the tax each 142.4 year, except to the extent that a portion of that amount is 142.5 required to pay debt service on (1) bonds issued for the 142.6 purposes of paragraph (a) priar to March 1, 1998; or (2) bonds 142.7 issued for the purposes of paragraph (a) after March 1, 1998, 142.8 but only if the city council deternvnes that 40 percent of the 1429 revenues derived from the tax together with other revenues 142.10 pledged to the payment of the bonds, including the proceeds of Page 1 - - - - - --- -- - -- - - - - Robert Geurs - FINAL STAR bonding authority language.doc - - - -- --- -- - �� I 142.11 defuutive bonds, is expected to exceed the annual debt service 142.12 on the bonds. 142.13 (d) If in any year more than 40 percent of the revenue 142.14 derived from the taY authorized by subdivision 1 is used to pay 142.15 debt service on the bonds issued for the purposes of paragraph 142.16 (a) and to fund a reserve far the bonds, the amount of the debt 142.17 service payment that exceeds 40 percent of the revenue must be 142.18 deternuned for that year. In any year when 40 percent of the 142.19 142.20 142.21 142.22 142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 14231 142.32 142.33 142.34 142.35 142.36 143.1 143.2 Page 2 revenue produced by the sales tax exceeds the amount required to pay debt service on the bonds and to fund a reserve far the bonds under paragraph (a), the amount of the excess must be made available for capital projects to further residential, cultural, commercial, and economic development in the neighborhoods and downtown until the cumulative amounts determined for all years under the preceding sentence have been made available under this sentence. The amount made available as reimbursement in the preceding sentence is not included in the 60 percent deternnined under paragraph (c). (e) In each of calendar vears 2006. 2007, 2008, and 2009, revenue not to exceed $3.500.000 may be used to pav the principal of bonds issued for capital projects of the citv. After December 31, 2009, revenue from the tax imposed under subdivision 1 mav not be used far this putpose. �f By January 15 of each � year, the mayor and the city council must report to the legislature on the use of sales tax revenues during the preceding �e-3�ea� one-vear period. Sec. 27. Laws 1993, chapter 375, article 9, section 46, subdivision 3, as amended by Laws 1998, chapter 389, article 8, 143.3 section 31, is amended to read: 143.4 Subd. 3. [BONDS.] The city may issue general obligation 143.5 bonds or special revenue bonds to finance all or a portion of 143.6 the cost for projects authorized in subdivision 2, paragraph (a) 143.7 or b. The debt represented by the bonds shall not be included 143.8 in computing any debt limitations applicable to the city. The 143.9 bonds may be paid from or secured by any funds available to the 143.10 city, including the taac authorized under subdivision 1, any 143.11 revenues derived from the project, tax increments from the tax 143.12 increment district that includes the project, and revenue from 143.13 any lodging taY imposed under Laws 1982, chapter 523, article - - _- ------- -- ----- Robert Geurs - FINAL STAR bonding authority language.doc 143.14 25, secrion 1. The bonds may be issued in one or more series 143.15 and sold without election on the quesrion of issuance of the 143.16 bonds or a properry tax to pay them. Except as otherwise 143.17 provided in this section, the bonds must be issued, soid, and 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 14334 14335 14336 144.1 144.2 secured in the manner provided in Minnesota Statutes, chapter 475. The aggregate principal amount of bonds issued under this subdivision for proiects authorized in subdivision 2, paraQraroh �, may not exceed $65 million, provided that the city may issue additional bonds under this subdivision for �rojects authorized in subdivision 2, para¢raph (al, as long as the total principal amount of the additional bonds together with the outstanding principal amount of the bonds previously issued under this subdivision for proiects authorized in subdivision 2, paraeraph (a), does not exceed $130 million. The bonds authorized by this subdivision shall not be included in local general obligation debt as defined in Laws 1971, chapter 773, as amended, including Laws 1992, chapter 511, and shall not affect the amount of capital improvement bonds authorized to be issued by the city of St. Paul. Bonds to � for proiects authorized in subdivision 2, para¢raqh (b), may be issued if the city council first determines that 20 percent of the revenues derived from the tax authorized under section 1 together with other revenues pled e�d to �ayment of the bonds, including the proceeds of definitive bonds. is expected to exceed the annual debt service on the bonds. Page 3 �