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96-8241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 iJ1r� vc8?l�i�— Council File # I �'0 �'y Green Sheet # 39,C G o RESOLUTION CITY OF SAINT PAUL, MINNESO �A ' Presented By Referred to PROVIDING FOR THE NEGOTIATED SALE OF RECREATIONAL FACILITIES GROSS REVENI7E BONDS, SERIES 1996D (RICE AND ARLINGTON PROJECT) �� BE IT RESOLVED by the Council of the City of Saint Paul, Minnesota as follows: 1. Findina: Amount and PurDOSe. It is hereby found, determined and declared that the City of Saint Paul, Minnesota (the "City"), should issue its Recreational Facilities Gross Revenue Bonds, 3eries 1996D (Rice and Arlington Project) (the "BOnds"1, in the approximate aggregate principal amount of $4,100,000 to defray the expense of acquiring and constructing domed athletic £ields at Arlington and Rice (the "Project"). 2. Necxotiated Sale. The City has retained Springsted Incorporated as an independent £inancial advisor relating to the Bonds and Project, and the City Council hereby determines to sell the Bonds by private negotiation to Miller and Schroeder Financial, Inc. The Director, Department of Finance and Management Services, Budget Director, officials of the Parks and Recreation Department and other staff and officials of the City are hereby authorized to negotiate the terms of the Bonds, their price and the details of the £inancing with Miller & Schroeder Financial, Inc., and to participate in the preparation of an Official Statement for the Bonds, and to present the Bonds for the final approval of their sale when the negotiations are comPiete. Piper Jaffray Inc. will also participate in the negotiated bond sale. 3. Intent to Reimburse. The City intends to reimburse original expenditures for the Project with proceeds of the Bonds. Federal rules for the tax-exemption of bonds require the proceeds to be spent for the purpose for which the bonds are issued, and proceeds used to reimburse expenditures originally paid from a source ( } � � 1� j \ 1 ,1 '� . t � . � e�s � 0 � . • �� � � ��� 1 other than bond proceeds are not considered expended unless the issuer, within 60 2 days after payment of the original e�cpenditure, adopts an o£ficial intent to 3 reimburse such expenditure. The maximum principal amount o£ obligations eacpected to 4 be issued for the Project is $4,200,000. Yeas Nays Absent Blakey � Bostrom �� Guerin J Harris ✓ Megard ✓ Rettman � Thune � Adopted by Council: Date �i��a��t�� � Adoption Certified by Counc S etary B �' ..�— �t�y�� � Approved by �or: Date: � � 2 !Y By; �'h, I� ��� Requested by Department of: Parks Recrea ' t By : _ ��v11, Form Approved by City Attorney By: - C/ �.c.e�� � 11\ ��en � CZ_.�' Approved by Mayor for Submission to Council . By: Y vl� / i � � � , � iI/ � � � � , /. / DEPARiMEMAFFlCF/COUNGL DATE I �TIATED Parks and Recreation 07/10/96 G REEN SH EE � (.• 8�y INITIAVDATE INITIAVDATE CONTACT PERSON & PHONE � DEPARTMENT DIFECTOR � CrtY CAUNCIL ASSIGN CITYATTOFiNEY CITYCLEflK Vic Wit en ein 266-6409 NtiYBERFOA � MUST BE CI NDA BY (DATE) ROUTING � BUpGEf DIRECTOR _ FIN. & MGT. SERVICES DIR. ONDER � MqyOR (ORASS�STANn � Parks � Jul 9 TOTA SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: Passage by the City Council of the attached resolution authorizing the City to enter into a tax-exempt revenue bond issue for the construction of the Rice and Arlington Sports Dome Project. RECAMMENDnTiONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTHACTS MUST ANSWER TME FQL40WIN 7 _ PL4NNING COMMISSION _ CIVIL SEFiVICE COMMISSION 1. Has this perso�rm ever worked under a contrac[ for Mi5 tlepartment�� ��+ CIB CqMMITTEE YES NO � S7AFF 2. Has this personRirm ever been a city employee? �UL '� O���E` — YES NO � _ ol57fiIC7 CAUR7 _ 3. Does this personRirm possess a skill not normally possessed by any� cu�r ciTy employee? SUPPORTSWHICHCOUNCILO&IECTIVE7 YES NO �`'�+'��KJ:L� �I'�E� Explain afl yes enswew on separate shaet antl attach to graen sbaet Recreation/Economic development INITIATING PROBLEM. ISSUE, OPP�RTUNITV (Wha. Whet, When, Where, Why): Opportunity to exp'and our recreation offerings at the Rice and ARlington Athletic Facility. See attached project description and financial summary. ADVANTAGESIFAPPROVED: City will have a first class dome facility and clubhouse for its residents and visitors as well as improved parking facilities, more restrooms and upgraded playing fields (lighting). DISADVANTAGES IF APPROVED: City needs to re-pay tax exempt revenue bonds. Cash filow projections indicate that the completed facility will generate enough revenue for debt service, management fees and operating expenses. ��� ��� �;a,��,. ����tv�D �`�� 1 � `���' JUL 10 1996 DISADVANTAGESIFNOTAPPfiOVED: � T}( Loss of a recreational facility an� the oppor unity to up�adc� t���RN�Y Athletic Fields. TOTAL AMOUNT OFTRANSACTION $ 4,100,000 COST/HEVENUE BUDGETED(CIRCLE ONE) YES NO FUNDIfiG SOURCE tdX exempt�: revenue bonds ACTIVI7Y NUMBER neW dCt� V1 ty wi 11 be set up FINANCIAL INFORFSATION: (EXPLAIN) See attached financial summary. °1 G - 8 � �{ RICE & ARI.INGTON DOME CASH FLOW PROJECTIONS YEAR 1 2 3 4 5 Revenue PlayerParticipation $509,968 �524,506 5571,981 $588,815 �6li,955 OtherAttendees $ 90,000 $ 94,500 $ 98,280 �102,211 5106,300 Other Revenue Centers �309,994 �305,880 5315,141 �321,069 5328,576 Total Revenue 909 962 924. 86 $985 402 $1.012.095 �1.048.831 Cost of Sales PlayerParticipation $ 25,547 S 26,113 $ 27,589 $ 27,877 $ 29,376 Other Attendees $ 24,000 $ 25,000 $ 28,600 S 29,700 $ 30,800 OtherRevenueCenters $171,085 $168,561 $173,255 $176,750 $18Q410 Total Cost of Sales 220 932 219.673 229 444 234327 24$ 0.586 GrossProfit 689.030 705?]3 755.958 �777.768 86$ 8.245 Operating Expenses 384 742 39$ 2,712 407.980 42$ 1•697 43$ 8.125 Cash Provided by Operations $304,238 5312,501 �347,978 $356,072 $370,120 Debt Services 64 7 0 326 553 331.Sb5 3"$ �0.815 32$ 9.695 Net Change in Cash Position $239,SS8 ($14,052) $ 16,413 $ 25,257 $ 50,425 On-going Cash Flow $239,558 $225,506 $241,919 $267,176 $317,601 a� ��`�. RICE AND ARLINGTON SPORTS DOME PROJECT FINANCIAL SUMMARY Proposed Bond Issue (1) Uses of Proceeds: Construction Traffic Signal Debt Service Reserve (2) Capitalized Interest (3) Issuance Costs (4) Expected Bond Average Interest Rate $4,100,000 $3,548,500 51,500 350,000 70,000 80.000 $4.100.000 6.0% - 6.5% 1. Tax exempt revenue bonds, with pledge of Parks and Recreation gross revenues. 2. 3. � Equal to one year's debt service. Assumes interest capitalized through February, 1997. Negotiated sale - Miller & Schroeder; includes all underwriter discount, printing, legal, financial advisor and rating agency expenses. _-_--=_ .�__. e �m„��. ���; �� Fountled By RICHARD SAGSTE7TER JUIy Ly, 19�Jfi The HOft01'Hbl@ Norm coleman, Mayor, City of Saint Naul; and Ihe Fionorable Uavitl Ittune, Presitlent, antl Members of the City Councii of the C�ty of Saint Naul, The Nonorabie .lerry Blakey, The Honorable Uaniel k3ostrom, Ihe Nonorable Uino Guerin, The Honorable MiKe Harris, The Honorable htobert Megara, antl The Honorable Jan�ce Ftettman �ity Hail 15 West Ke7iogg k3ouievard Saint Paut, Minnesota 551U2 Uear Mayor and Councii Members: i et f, � >, _ JUL 31 i�96 There is an item on tne agenaa ior the City Councii meeting of Wednesaay, July �1, 1996, tleaiing with the proposai to construct a seasonai aome with adjoim ng paricing over athletic Tieids at Ftice and Arl�ngton Streets in the City af Saint I'aui. Because of local zom ng restrictions which iimit the he7gnt of structures in R-4 zoning districts to thirty (3tij teet, antl tne neight of the proposed aome, whicn is ninety (�Uj feet, a variance needed to be securetl prior to construction. As you may know, kichards Nroperties owns antl maintains certain residential rentai properties adjacent to the proposetl pro�ect. Wnen the pro,7ect was first proposed in 1992, certain inciividuals associatetl w�th kichartls Nroperties chaiienged the granting of tne variance. Notwitnstanciing that chaiienge, the Board of Zoning Appeais (BZA) by resoiution dated August 24, 19yz, granted the variance, and tha City Councii, by resolution ciateci Uctober 2U, 1yy2, upheid the granting of the variance by the F3LA. A court challenge fo7lowed, which was finaliy resoived when tne Minnesota Court of Appeais upheid tne granting of the variance in a ciecision dated Aprii 4, �yy5. No iurther court action was pursuetl. As you also may know, SS6a.209 of the Saint Naui Legisiative Code, commoniy referreci to as the °Zoning Cotle° reauires that any ortler, inciuding the variance grantecf in this case, permitting the erection oT a builciing or creation of otf street parking is valiq onty for a perioq of one year, subject to two contingencies. �.ichards �roperties � �- �a�1 Wishing Well Apartments 44 WESTARLINGTON I ST. PAUL, MINNESOTA55117 TEL. 488-0526 ��-���I Nage 2 oi z Rice anci Arlington First, if the party to wnom tne var�ance ls grant2a secures a buli�lna oermlt for the erection of Duiltling witnin tne one year periotl antl is proceetling with construction untler the permit at the time of expiration of the ans year per�od, the variance tloes not expire. However, no permit was securetl in this case, nar was any construction commencea. Secontl, either the City Council or the t3ZA, may grant an extensian for a pe�iotl not to exceea an atlditionai year. In this case, as af the writing oT this 7etter, no sUCh extensiOn tidS been sought. Arguably, the variance expireci one year atter tne City Council affirmetl tne decision ot the BLA, or Uctober 20, iy9:i. However, unaer any construction of tne law anci the timing section thereof most favorable to the holder of the variance, the variance expireci one year after the court of Appeais upheid tne city Council, or Aprii 4, iy96. That date has come and gone. No extension was applied tor. No bu�laing permit was secured. Nor was any construction commenced. Tnerefore, tne variance has expired antl the former height requirement of thirty (3U) feet is bacK �n fu�i force and effect and may only be varied it tne variance process is begun anew. In adtlition, 1 have learned that any request for a variance must, accortling to 5564.203(a) of tne [om ng code, be accompanied by a site pian meeting the requirements of SS64.102 of the Lom ng Code. 7he application for the original variance tlid not, 1 beiieve conta�n any sucn site pian, and is, theratore, arguabiy invalid, despite tne court action. .4t any rate, any request for a new variance wou7d require a site pian submission. 3t seems oniy fair to a7i interestea parties, because of the passage o� time. that the City Councii acknow7edge that the variance has expired and require, in accoraance with the iaw, the application be submitted and consitlered anew in its proper form. Sincereiy, � Connie Sagstetter t2ichards �roperties