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09-1246Council File # Prese�ted By: Referted To: Green Sheet # RESOLUTION SAINT PAUL, MINNESOTA 09-1246 3086097 Committee: Date Page t of 2 2009 City Budget Amendment conceming costs related to former City dump site at Rivoli Bluff and requesting HRA to pay off balance of Federal 108 Loan (Railroad Island Prqect) i 2 WHERFAS, in'1994 the Cityapproved the Railroad Island Small area plan to undertake the cleanup of the former 3 City dump site at Rivoli Bluff; and 5 W HERFAS, in 1997 the City initially approved $4W,��0 of CB tundi� tovrards the cfeao-up, which approval vras subsequenlly replaced 6 in 2007 by CF 07-124'I with $500,000 in Public Works financing from the Right of Way Maintenance Fund - Fund 225 ; and 8 WHEREAS in 2002, HRP, ftesoluflon # 02-03I�310 requested that ihe Ciry accept, from HUD, an $8,000,000 Federal 108 Loan, along s with a previous $2.000,000 BEDI Grant, and that the HRA, on behalf of the Ciry, administer the loan and grant; and io 11 WHEREAS, in 2003, the Ciry and HR4 entered into an $8,000,000 Note which obligated the HRA to repay the Federel 108 Loan 72 on behaif of the Ciry; and 13 14 ts is n 78 19 20 WHERE4S, in CF 03-407, the City accepted the $10,000,000 in loan and grant funds from HUD and delegated to the HRA the responsibility to administer the 108 Loan for two projects: Raitroad Island ($4.7 M loan and $1.0 M grant) and Westminster Junction ($3.3 M loan and $1.0 M grent) ; and WHEREAS, the HRA and Day[ons Bluff Neighborhood Housing Services (DBNHS) entered into a contract to do a multi-phase housing prqect (Rivoli Bluff) in which HRA provided $4,700,000 under a note to DBNHS (DBNHS Note); and 21 WHEREAS, in 2007 DBNHS repaid the HRA $1,250,000, and the HRA on behalf of the Ciry, then repaid HUD under the Federal 108 22 Loan, leaving $3,450,00� pnncipal due by August 1, 2009; and 23 24 W NEREAS, over the last several years, DBNHS has incurted and paid costs related to the former ciry dump site and its impact 25 on the development of the adjacent HRA Railroad Island Housing Pmject; and 26 27 W HEREAS, ihe city staff have reviewed those costs and have agreed thai ihe costs to be reimbursed by the Ciry are 28 $'1,399,862, to be paid to DBNHS in hvo payments of $1,259,575 (90%) and $139,987 after the MPCA environmentai release 29 is provided to the City, which is anticipated later this year (See Exhibit A-Schedule); and 30 31 WHEREAS, DBNHS, will pay $3,45q000 to HRA, for payment due under the DBNHS Note; and 32 33 WHEREAS, the City Council requests the HRA to amend iYs HRA Debt Service Fund - Fund 139 budget to estabfish budget authority 34 make the remaining Federal 108 Loan payment; and 35 36 37 38 39 40 41 42 � WHEREAS, Public Works needs to obtain fnancing of $899,862, in addRion to the $500,000 previous recorded as a t2nsfer to HRA which will be used to offset the cost in F225 to make total payment of $7,399, 862 to DBNHS under this Budget Amendment, and WHEREAS, the �ce of Financial Services has prepared a"Record of Intertund Loan" agreement to accomplish the financing of $899,862 which is attachetl as Exhibit B; and WHEREAS, there wiil be secure assets dedicated to the Internal Borrowing FUnd - Fund 070 to support �epayment of principal and interest to the funds advancing the use of cash, and 44 45 WHEREAS, the temporaryfnancing provided by the Intemal Borrowing Fund - Fund 070 will be repaid by Public Works through 46 the Right of W ay MaiMenance Pnnd - Fund 225 over the nexifour and a half years; and 47 48 WHEREAS, the detaiis of the advances from the Intemal Borrowing Fund - Fund 070 and repayment are set forth in the 49 Record of Interfund Loan (see 6chibit B); and 50 �� 51 NOW THEREFORE BE IT RESOLVED, the Ciry Council approves the use of the Intemai Borrowing Fund - Fund 070 and cash on hand 52 and authorizes the Ciryto reimburse DBNHS for remediation costs incurred in Mro payments as described above, and 53 CouncilFYe # Green Sheet# aeso�unoN CITY OF SAINT PAUL, MINNESOTA Presented By: Referted To: Committee: �ate 09-1246 3086097 5q Pa9e 2 of 2 55 BE IT FUR7HER RESOLVED, the Ciy Council requests that the HRA Board amend the 2009 HRA Budget 56 to pay off the balance of $3,450,000 plus interest of the Federal '108 Loan (Railroad island Project); and 57 58 BE IT FURTHER RESOLVED, that the proposal set forth in this resolution is approved and the Direc[or of Flnancial Services 59 and the Director of Public Works shall execu[e the Record of Interfund Loan to memorialize Me VansacGon in Fxhibit B; and so 61 BE IT FURTHER RESOLVED, Nat the Fnancial Services Director and the Treasurer vrill use the cash from the City pool as 62 allowed by law, to provide secure financing for the transactions and assure the iMerest is paid and properly cred'Red; and 63 64 65 THERE�ORE, the Ma}ror pursuaM N Sec. 10,07.Oi oFthe City Charter, cer6fies that $902,674 is available for appropriatlon 66 in the 2009 budget and recommends the following changes to fhe 2009 budget. 67 gg CurtentButlget Change Budget 69 FINANCING PLAN: 70 225 Rightof-Way Mafntenance Fund . 77 42310-6928 - Recoverable Advance 0 899,862 899,562 72 All Ofher Financing the Same 28,557,254 0 28,557,254 73 TotalACtivityBudget 28,557,254 899,862 29,457,116 74 75 SPENDING PLAN: 76 225 RigM-0f-Way Maintena�ce Fund 77 42310-0299- Miscellaneous Services 78 4231 o-0269 - O[her Insu2nce 79 42310-0619 - Irrterest Ezpense 80 All O}her Spending ihe Same 81 Total Activity Budget 82 &? FINANCING PLAN: 84 070 - Intemal Borrowing Fund &5 10306-6928 -Advance From City Cash Pool 86 1030G6604 - Interest on Advance 87 Totaf Acfivity Budget 88 89 SPENDING PLAM: 90 070 - Intemal Borzovring Fund 91 10306-0535 - Advance to Other Funtls 92 10306-0619 - Interest Expense 93 Total Activity Budget Adopted by Council: Date ��j(l�t�� � Adoption Certified by Coun T Secretary: By. Approved bk�yor Date � � A .J sy. C�d'/l� � 0 899,862 899,862 4,200 (2,812) 1,388 0 2.872 2,512 28,553,054 0 25,553,054 25,557254 899,862 29.457,116 0 899.862 899,862 0 2.812 2,812.00 0 902,674 902,674 0 899,862 89.9,862 0 2,812 2,812.00 0 902,674 902,674 Requested by Department of: Public W s BY Approval Re me i e o o� i Servi . By: Form Approved by City Attomey. By: �'7/���iY/� �� Approv�rfo ubmissionto uncil: � � �'. 09-1246 Green Sheet Green Sheet Green Sheet Green Sheet Green Sfieet Green Sheet � � DepartrnentlOffice/Council: Date Initiated: � � PW_PublicWorks i 2,o�T2oag i Green Sheet NO: 3086097 , ContaM Person 8 Phone: { � � BNCe B8@S@ � 266-6099 � Assign ' Must Be on Council A enda by (Date): � Number � 04NOV-09 � �� ; For , Routing !DoaType:RESOLUTIONW/$ � ��w j TR.4N SACTI O N j E-Document Required: Y I I Document CoMact: Larry Michalitsch � ContactPhone: 266-6065 I � Total # of Signatur Pag �_ (Clip All Lo f Sign Action Requested: 0 PublicWorkv �, D¢Dar�eo[Accoantanf � ✓ i I PubHC Works ' Deoar/mentDirector �, %D��i� ."---`° °--`-- , i ,..r-- ^`---`-' °--`--�� 2 3 a /� _ Establish an intemal loan agreement between the City's internal Bonowing Fund and Righ[-of-Way Mtc Fund, amend the 2009 budget for this loan and to pay Dayton's Bluff Neighborhood Housing Service (DBNHS) for remediation costs at the former ciry dump site at Rivoli bluff, and request the HRA Boazd to amend the 2009 HRA budget to pay off the federal 108 loan for the Railroad Island Project. Recommendations: Approve (A) or Reject (R): Planning Commission CIB Committee Civi1 Service Commission Personal Service Contracts Must Answer the Foilowing questions: 1. Has this person/firm ever worked under a contract for this department? Yes No 2. Has this personlfirm ever been a city empbyee? Yes No 3. Does this persoNfirtn possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, Whak when, Where, Why): DBNHS needs to be reimbursed by the City for remediation costs a[ the fomier city dump site at Rivoli bluff and the federal 1081oan fox the Raikoad Island projeet needs to be paid off. Advantages If Approved: The 2009 budget will be amended to allow payment to DBNHS for remediation costs at the former City dump site at Rivoli bluff and the HRA Board will be requested to amend the 2009 HRA budget to pay offthe federal 1081oan for the Raiiroad Island Project. DisadvanWges If Approved: None Disadvantages If Not Approved: Inability to pay DBNHS for remediation costs incurred at the former City dump site at Rivoli bluff and inability to pay off the federal 1081oan for the Railroad Island Project. Total Amount of $899 g62.00 Transaction: Funding Source: 225 Financial I�formation: (Explain) CostlRevenue Budgeted: Activity Number: 42310 October 28, 2009 8:33 AM Page 1 09-1246 E�ibit A - Schedule Schedule for paying for costs related to former city dump site and repaying the outstanding balance of the Federal 108 Loan {Railroad Island Project) Parties involved PED, PW, OFS and DBNHS. Agreement has been reached on how costs related to the former city dump site of $7,399,862 is funded ($SOOK from PW F 225 and Intemal Loan to PW o£ $899,862, which will be repaid by PW from F 225 over S years beginning in 2010). City Budget Amendment is needed to reimburse DBNHS directiy for costs caused by the former City dump site and its impact to the development of the adjacent HRA Railroad Island Rivoli Bluff housing site. HRA Budget Amendment is needed for F 139 to repay the balance of Federal 108 Loan and amend HRA(DBNHS development contract. After MPCA Environmental release, which is anticipated later this fa11, the remaining $3,450,000 of principal plus interest under the Federal 108 Loan (Railroad Island Project) will be repaid. Schedule- Next Steps October 2$ bv 3:OQPM - PW will draft City Council Budget resolutlon for cash of $500,000 from F 225 Right of Way Maintenance Fund and Internai Loan of $899,862 from F070 which will be reviewed by Lori Lee. PW will process green sheet and get to City Council. Potential co-sponsors are Dave Thune and Kathy Lantry. November 4 at 5:30 PM at Citv Council Resolution- Public HearinQ - PW and PED are staff for City Budget Amendment for $1,399,862 to reimburse DBNHS. November 11 at 2:00 PM - HRA Budeet Amendment fot F139 HRA Debt Service Fund to pay 108 Loan back $3,450,000 pius interest later this year and amend Railroad Island Contract with DBNHS. November 15 City pays DBNHS $1,254,875 for costs associated with City dump site based upan approved invoices (PW Larry Michalitsch and Lori Lee, OFS) with the balance of $139,987 upon MPCA environmental release provided to the City. HRA pays any other monies currently due DBNHS under Railroad Isiand Housing Contract. November 30 HRA and DBNHS amend HRA contract and note and DBNHS pays $1,250,000 to HRA for the Federal 108 Loan with balance of $2,200,000 due within ten days of MPCA release. 09-1246 AFTER MPCA ENVIRONMENTAL RELEASE (anticipated Iater this fail) With in 10 days of MPCA Environmentai Reiease, DBNHS wire $2,20Q,000 to fTRA [PED] to repay the balance of the Federal 10& Loan. Jerry Falksen of PED contacts FItII) of a two week notice to payoff Raikoad Isiand Federa1108 Variable Rate Note. F�RA [PED] from F I39 pays the Fed's rivstee the balance of $3,45�,000 plus interest oa tke 208 Loan (Raikoad Island Pzoject) City Budget Atnendment for Nov 4, 2009 Interual Loan Agreement 09-1246 E�;�: 1: :� RECORD OF INTERFUND LOAN (Rivoli Bluff Project) This Record of Interfund Loan is executed by the City of Saint Paul's Director, Office of Financial Services, and the Duector of Public Works, to memorialize an interfitud loan and its terms. WHEREAS, the City wlshes to asist Public Works with funds to pay for costs associated with the former City dump site at Rivali Bluff; and WHEREAS, it has been agreed that the City execute a five yeaz interfund ]oan as part of the City budget resolution approved on November 4, 2009 in CF-09-�x. The advance, until repaid, will bear interest at the City treasury portfolio investment rate ("Pool Rate"). This advance from the Internal Borrowing Fund - Fund 070 is to be repaid from the Right of Way Maintenance Fund — Fund 225; and NOW, THEREFORE, THE OFFICE AND DEPARTMENT memorialize the interfund loan as follows: 1. Authority. T'his document was authorized by, and carries out, resolution CF 09- � adopted by the City Council on November 4, 2009. 2. Advances. Fund 070 will advance $899,862 to pay for cost associated with the former City Dump site at Rivoli Bluff. 3. Interest. Interest will accrue on the advance at the City treasury portfolio investment rate ("Pool Rate"). 4. Repavrnent bv Public Works. The Deparhnent of Public Works will reimburse the advance including acerued interest from Right of Way Maintenance Fund— Fund 225. The loan will commence on or before December 1, 2009. Beginning in 2010, the Departrnent of Public Works will annually budget for and pay on or before July 1 of each year, principal payments in the following amounts plus interest accrued to that date. The maturity date of the internal loan is 7uly 1, 2014. Date Minimum Payment Amount to Fund 070 July i, 2010 $166,971 plus accrued "anterest at the Pool Rate July 1, 2011 $183,223 plus accrued interest at the Pool Rate July 1, 2012 $183,223 plus accrued interest at the Pool Rate July 1, 2013 $183,223 plus accrued interest at the Pool Rate July l, 2014 $183,222 plus accrued interest at the Pool Rate iassss6�i 09-1246 5. Purpose. The purpose of this document is to memorialize the interfiuid loan from Fund 070 to the Department of PubTic Works, and to serve as guidance in coordinating actions of the City and its Office of Financial Services and its Department of Public Works with respect to this advance. Signed tius _ day of , 200� Margazet Kelly . Director, Office of Financial Services Bruce Beese Director, Department of Public Works 1435536vI 2