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09-872councii File # � 9' �— Green Sheet # 3073956 RESOLUTION a. � 41NT PAUL, MINNESOTA Presented by 1 WHEREns, during the recently completed 2009 regular session of the Minnesota Legislature, the State of 2 Minnesota enacted 2009 Minn. Laws, Chapter 88, Art. 4, Sections 1�, 16 and 18 (the "Special Law"), a 3 copy which is attached hereto and marked as Attachment "A", which, among other things: (1) extends the 4 rime period from the year 2009 to 2014 for the City of Saint Paul to allow STAR sales tax in an amount not 5 to exceed $3,500,000.00 to be used to pay principal of bonds issued for capital projects; (2) requires 6 interest from loan repayments or returned funds to be made available only for the same type of project; and �(3) requiring open, fair and competitive review of proposals by the citizen review panel prior to the 8 presentation to the city council; and 10 WHExEas, the Special Law requires the City of Saint Paul to timely comply with Minnesota Statutes, 11 section 645A21, subdivisions 2 and 3, which requires approval by resolution by a majority vote of all 12 members of the governing body of the local unit. 13 14 NOW, THEREFORE BE IT RESOLVED, by the Council of the City of Saint Paul, the Special Law 15 pursuant to the provisions contained therein, is in all things adopted herein by reference and approved; 16 17 AND BE IT FURTHER RESOLVED, that the City Clerk, as the chief clerical officer of the City of Saint 18 Paul, shall forthwith file with the Secretary of State, in a form prescribed by the Attorney General, a 19 certificate stating the essential facts necessary to the adoption and approval of said law in compliance with 2o Minn. Stat. §645.021, Subd. 3. Bostrom Carter Harris Helgen Staxk Thune Adopted by Council: Date Adoption Cer by Co '1 Secretary BY� / f /l�/l //,�G �d// Approved by Mayo Date �� (� q BY g�,.CAi SJ/LP,l.�_h �p Requested by Deparhnent oE � � Green Sheet Green Sheet �reen Sheet Green Sheet Green Sheet Green Sheet � n�-�C� a-. ,. - DepartrnentlQfficelCou�ci4: Date Initiated: - , ,. . „ w FS —F�nancialServices 03AUG-09 Green Sheet 1V0: 3073956 Conqet Person 8 Pho�m: Deoarhrient � Setrt To Person InitiaUDate Alexandra O'Learv � o inanciat Serviees 286-8832 , 1 mancialServices DepartmentD'uector Assign 2 ' Attnme " �_ Must 8e on Council Agenda by (DaYe): Number 3 or's Office 111s or/Assispnt 17-AUG-09 For Routin9 4 oupcii Doc. Type: RESOLUTION Order 5 i Clerk C Clerk E-0ocument Required: Y DocumentContact: A�exandra0'Leary C<snqM Phone: 266-6832 Total # of Signature Pages �(Clip All Locations for Signature) Adion Requested; To adopt a resoluuon that requires compliance with Minnesota statutes, section 645.021, subdivision 2 and 3. Recommendatlons: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Pollowing Questions: Planning Commission 1. Has this personffirtn ever worked under a contract for this department? GB Committee Yes No Civil Service Commission 2. Has this personlfirm ever been a cfty employee? Yes No 3. Dces this personffirtn possess a skill not nortnally possessed by any current city employee? Yes No .� � Ezplain afl yes answers on separete sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): Minnesota Legislature (2009 Minnesota laws, Chapter 88, Art. 4, Secfions 15, 16 and 18) extended the time period up to 2014 to allow finance debt service with STAR funds, requires interest from loan repayments to be available only for the same type of project and requires open review by the Citizen Panel. � AdvantageslfApproved: The City will be able to use STAR funds to repay debt services and use the improved process to expend sales tax revenues. Disadvantages if Approved: Noneknown Disadvarrtages if Not Approved: STAR funds will not be available for debt service on capital projects. Total Amount of Cost/Revenue Bud eted: Transaction: 9 Funding Source: AMivity Number: Financial Informafion: (Explain) Auaust 3, 2009 1034 AM . Pa� 1 Attachment A 6� •S� � 2009 Minnesota Laws, Chapter 88, Art. 4, Sections I5, 16 and 18 Sec. 15. Laws 1993, chapter 375, article 9, section 46, subdivision 2, as amended by Laws 1997, chapter 231, article 7, secrion 40, and Laws 1998, chapter 389, article 8, section 30, and Laws 2003, First Special Session chapter 21, article 8, section 13, and Laws 2005, First Special Session chapter 3, article 5, section 26, is amended to read: Subd. 2. Use of revenues. Revenues received from the taY authorized by subdivision 1 may only be used by the city to pay the cost of collecting the tax, and to pay for the following projects or to secure or pay any principal, premium, ar 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 equipping of a new arena. (b) Except as provided in paragraphs (e) and (f�, the remainder of the funds must be spentfor: (1) capital projects to further residential, cultural, commercial, and economic development in both downtown St. Paul and St. Paul neighborhoods; and (2) capital and operating expenses of cultural organizations in the city, provided that the amount spent under this clause must equal ten percent of the total amount spent under this paragraph in any year. (c) The amount apportioned under paragraph (b) shall be no less than 60 percent of the revennes derived from the tax each year, except to the extent that a portion of that amount is required to pay debt service on (1) bonds issued for the purposes of paragraph (a) prior to March 1, 1998; or (2) bonds issued for the purposes of paragraph (a) after March 1, 1998, but only if the city council determines that 40 percent of the revenues derived from the tax together with other revenues pledged to the payment of the bonds, including the proceeds of definitive bonds, is expected to exceed the annual debt service on the bonds. (d) If in any year more than 40 percent oF the revenue derived from the tax authorized by subdivision 1 is used to pay debt service on the bonds issued far the purposes of paragraph (a) and to fund a reserve far the bonds, the amount of the debt service payment that exceeds 40 percent of the revenue must be deterniined for that year. In any year when pay debt service on the bonds and to fund a reserve for the bonds under paragraph (a), the amount of the excess must be made available for capital projects to further residential, I a cuiturai, commercial, and economic development in the neighborhoods and �� downtown until the cumulative amounts determined for a11 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 determined under paragraph (c). (e) In each of calendar years 2006 �nn� �nno ...,a -rnno to 2014, revenue not to exceed $3,500,000 may be used to pay the principal of bonds issued for capital projects of the city. After December 31, �9912014, revenue from the tax imposed under subdivision 1 may not be used for this purpose. ( fl 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 one-year period. EFFECTIVE DATE.This section is effective the dav after the eoverninQ bodv of the city of St. Paul and its chief clerical officer com�ly with Minnesota Statutes section 645.021.subdivisions 2 and 3. Sec. 16. Laws 1993, chapter 375, article 9, section 46, is amended by adding a subdivision to read: Subd. 2a. Unexpended funds and interest. Anv interest from loan repayments or returned funds from revenues apportioned under subdivision 2, oara�raph (bl clause (11, must be made available only for projects qualif�ng under subdivision 2 para rg auh (b), clause (1� EFFECTIVE DATE.This section is effective the dav after the Qoverning bodv of the citv of St. Paul and its chief clerical o£ficer comply with Minnesota Statutes section 645.021, subdivisions 2 and 3. Sec. 18. Laws 1998, chapter 389, arricle 8, section 37, subdivision 1, is amended to read: Subdivision 1. Requirement. Expenditures of revenues from the sales tax imposed by the city of St. Paul that are dedicated to neighborhood investments may be made only after review of the proposals for expendiCures by the citizen review panel described in this section. The panel must ensure that the ap�lication process for all proposals is o�en fai ,r and competitive All proposals must be reviewed by the panel prior to nresentation of the report to the city council that makes recommendations regarding the proposed expenditures in rank order. ����� �- EFFECTIVE DATE.This section is effective the dav after the governin� bodv of Yhe citv of St. Pau1 and its chief clerical officex comply with MinnesQta Statutes section 645.021 subdivisions 2 and 3.