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2018-11-27 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. MOUND HOUSING & REDEVELOPMENT AUTHORITY REGULAR MEETING TUESDAY, NOVEMBER 27, 2018 6:55 P.M. MOUND CITY COUNCIL CHAMBERS Page 1. Opening the meeting 2. Action approving agenda, with any amendments 3. Action to approve minutes from 09-25-18 Regular HRA Meeting 4. Action on a resolution authorizing execution of an amended 2-7 and restated tax increment pledge agreement with the City of Mound relating to the prior 2009D bonds refunding portion of $7,520,000 General Obligation Refunding Bonds, Series 2018A 5. Adjourn MOUND HOUSING AND REDEVELOPMENT AUTHORITY Tuesday September 25, 2018 The Mound Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, September 25, 2018, at 6:55 p.m. in the council chambers of the Centennial Building. Members present: Chair Mark Wegscheid, Jennifer Peterson, and Jeff Bergquist. Members absent: Ray Salazar and Kelli Gillispie Others present: City Manager Eric Hoversten, Fin Dir/Clerk/Treasurer Catherine Pausche, Community Development Director Sarah Smith, City Engineer Brian Simmons Public Present: Joe Bruns, Eric Schmidt, Scott Seter, Marie Jorland, Danelle, Bonilla, Jack Evens, Erik Trooien, Jim Dustrude, John Beise, Colin Charlson, Bob Christians, Jon Ciatti, Chris Fischer, Bill Brady, Sean Royer, Eric Avenson, Scott Gates, Susan Johnson, and Karen Johnson. 1. Open meeting Chair Mark Wegscheid called the meeting to order at 6:55 p.m. 2. Approve agenda MOTION by Bergquist, seconded by Peterson, to approve the agenda. All voted in favor. Motion carried. 3. Approve minutes: September 11, 2018 Concurrent HRA CC Meeting MOTION by Bergquist, seconded by Peterson, to approve the minutes of the September 11, 2018 Concurrent HRA City Council meeting. All voted in favor. Motion carried. 4. Approve minutes: September 11, 2018 HRA Meeting MOTION by Peterson, seconded by Bergquist, to approve the minutes of the September 11, 2018 HRA meeting. All voted in favor. Motion carried. 5. Adiourn MOTION by Peterson, seconded by Bergquist, to adjourn at 6:58 p.m. All voted in favor. Motion carried. Attest: Catherine Pausche, Clerk - 1 - Chair Mark Wegscheid Date: November 19, 2018 To: HRA Board Chair and Commissioners From: Catherine Pausche, Director of Finance and Administrative Services Subject: Resolution related to 2018A Refunding Bonds The City of Mound approved the sale of $7,520,000 general obligation refunding bonds at the November 13, 2018 regular meeting. One of the bond issues refunded was the 2009D bond issue related to Tax Increment Financing District (TIF) 1-3. The attached resolution is a housekeeping action to amend and restate the tax increment pledge agreement related to the 2009D bonds to now apply to the 2018A refunding bonds. Staff recommends approval of the attached resolution Please let Catherine know if you have any questions regarding this matter at (952)472-0633 MOUND HOUSING AND REDEVELOPMENT RESOLUTION NO. RESTATEDRESOLUTION AUTHORIZING EXECUTION OF AN AMENDED ANJr, TAX INCREMENTPLEDGE CITY OF i 1 RELATING TO THE PRIOR 2009D BONDS REFUNDING PORTION OF 000 GENERAL OBLIGATION REFUNDINGBONDS, • WHEREAS, pursuant to a resolution approved by the City Council of the City of Mound (the "City") on July 12, 2005, and the authority conferred by Minnesota Statutes, Section 469.178, and Minnesota Statutes, Chapter 475, the City issued and sold its Taxable General Obligation Tax Increment Temporary Bonds, Series 2005D (the "Series 2005D Bonds") in an original aggregate principal amount of $3,875,000; WHEREAS, in conjunction with the issuance and sale of the Series 2005D Bonds, the City and the Housing and Redevelopment Authority in and for the City of Mound, Minnesota (the "HRA") entered into a Tax Increment Pledge Agreement, dated July 12, 2005; WHEREAS, pursuant to a resolution approved by the City Council of the City on December 11, 2007, and the authority conferred by Minnesota Statutes, Section 469.178, and Minnesota Statutes, Chapter 475, the City issued and sold its Taxable General Obligation Temporary Tax Increment Refunding Bonds, Series 2008A (the "Series 2008A Bonds"), in an original aggregate principal amount of $4,010,000, in order to pay the outstanding principal of and interest due on the Series 2005D Bonds at maturity; WHEREAS, in conjunction with the issuance and sale of the Series 2008A Bonds, the City and the HRA entered into an Amended and Restated Tax Increment Pledge Agreement, dated December 11, 2007; WHEREAS, the Series 2008A Bonds matured on August 1, 2010, and the City issued general obligation bonds to redeem and prepay the outstanding principal of and interest due on the Series 2008A Bonds; WHEREAS, pursuant to a resolution approved by the City Council of the City on October 27, 2009, and the authority conferred by Minnesota Statutes, Section 469.178, and Minnesota Statutes, Chapter 475, the City has issued and sold its General Obligation Tax Increment Refunding Bonds, Series 2009D (the "Series 2009D Bonds"), in an original aggregate principal amount of $4,020,000, to redeem and prepay the outstanding principal of and interest due on the Series 2008A Bonds; WHEREAS, the Series 2009D Bonds mature on February 1 2020, and the City intends to issue general obligation bonds to redeem and prepay the outstanding principal of and interest due on the Series 2009D Bonds; WHEREAS, in conjunction with the issuance and sale of the Series 2009D Bonds, the City and the HRA entered into an Amended and Restated Tax Increment Pledge Agreement, dated October 27, 2009; Isle WHEREAS, pursuant to a resolution approved by the City Council of the City on November 13, 2018 (the 'Bond Resolution"), and the authority conferred by Minnesota Statutes, Section 469.178, and Minnesota Statutes, Chapter 475, the City has agreed to issue and sell its general obligation bonds of the City in the aggregate principal amount of $1,920,000, designated the Prior 2009D Bonds Refunding Portion of General Obligation Refunding Bonds, Series 2018A (the "Series 2018A Bonds"), to redeem and prepay the outstanding principal of and interest due on the Series 2009D Bonds; WHEREAS, the HRA has agreed to pledge certain tax increment revenues to the City for the payment of the principal and interest on the Series 2018A Bonds; and WHEREAS, there has been presented to the HRA an Amended and Restated Tax Increment Pledge Agreement between the HRA and the City (the "Pledge Agreement") providing for the pledge of certain tax increments from the Mound Harbor Tax Increment Financing District within the Mound Harbor Project Area in the City to the payment of principal and interest on the Series 2018A Bonds; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners (the "Board") of the HRA, as follows: 1. The Chair and Executive Director of the ERA are hereby authorized to execute and deliver the Pledge Agreement in substantially the form as shown in Exhibit A and made a pert herein. 2. This resolution shall be effective as of the date hereof. Adopted by the Housing and Redevelopment Authority in and for the City of Mound, Minnesota this 27th day of November, 2018. Chair Mark Wegscheid Attest: Catherine Pausche, Clerk Im is e by and between CITY OF MOUND, MINNESOTA and I IM -1110 12 X11' 1 1 THIS AMENDED AND RESTATED TAX INCREMENT PLEDGE AGREEMENT (this "Agreement") is made and entered into on or as of the 27th day of November, 2018, by and between the City of Mound, Minnesota (the "City"), and the Housing and Redevelopment Authority in and for the City of Mound, Minnesota (the "HRA"). WHEREAS, the City and the HRA duly established the Mound Harbor Tax Increment Financing District (the "TIF District") within the Mound Harbor Project Area (the "Project") pursuant to Minnesota Statutes, Sections 469.001 through 469.047, as amended (the "HRA Act"), and Minnesota Statutes, Sections 469.174 to 469.1794 (the "TIF Act"); WHEREAS, the HRA caused to be prepared a Tax Increment Financing Plan for the TIF District (the "TIF Plan") and the Board of Commissioners of the HRA approved the TIF Plan on March 22, 2005; WHEREAS, the City Council of the City approved the TIF Plan on March 22, 2005; WHEREAS, pursuant to the authority conferred by Minnesota Statutes, Section 469.178 and Minnesota Statutes, Chapter 475, the City previously agreed to finance projects undertaken by the HRA in the TIF District through the issuance of its Taxable General Obligation Temporary Tax Increment Bonds, Series 2005D, dated August 1, 2005, issued in the original aggregate principal amount of $3,875,000 (the "Series 2005D Bonds"); WHEREAS, pursuant to a resolution approved by the City Council of the City on December ll, 2007, and the authority conferred by Minnesota Statutes, Section 469.178, and Minnesota Statutes, Chapter 475, the City issued and sold its Taxable General Obligation Temporary Tax Increment Refunding Bonds, Series 2008A (the "Series 2008A Bonds"), dated January 3, 2008, in an original aggregate principal amount of $4,010,000, in order to pay the outstanding principal of and interest due on the Series 2005D Bonds at maturity; WHEREAS, the Series 2008A Bonds matured on August 1, 2010, and the City issued general obligation bonds to redeem and prepay the outstanding principal of and interest due on the Series 2008A Bonds; WHEREAS, pursuant to a resolution approved by the City Council of the City on October 27, 2009, and the authority conferred by Minnesota Statutes, Section 469.178, and Minnesota -5- Statutes, Chapter 475, the City has issued and sold its General Obligation Tax Increment Refunding Bonds, Series 2009D (the "Series 2009D Bonds"), in an original aggregate principal amount of $4,020,000, to redeem and prepay the outstanding principal of and interest due on the Series 2008A Bonds; WHEREAS, the Series 2009D Bonds mature on February 1 2020, and the City intends to issue general obligation bonds to redeem and prepay the outstanding principal of and interest due on the Series 2009D Bonds; WHEREAS, pursuant to the authority conferred by Minnesota Statutes, Section 469.178, and Minnesota Statutes, Chapter 475, the City has agreed to issue its $7,520,000 General Obligation Refunding Bonds, Series 2018A, to be dated December 4, 2018, of which $1,920,000 is designated the Prior 2009D Bonds Refunding Portion (the "Series 2018A Bonds"); WHEREAS, pursuant to a resolution adopted by the City Council on November 13, 2018 (the 'Bond Resolution"), the principal and interest due on the Series 2018A Bonds will be paid from tax increment revenues resulting from increases in taxable valuation of real property in the TIF District and from an ad valorem tax levy; WHEREAS, the HRA has agreed to pledge certain tax increment revenues attributable to the TIF District to the City for the payment of the principal and interest on the Series 2018A Bonds, or any bonds issued to refund such bonds, when issued and sold by the City; and WHEREAS, pursuant to Minnesota Statutes, Section 469.178, Subdivision 2, any agreement to pledge tax increment revenues must be made by written agreement by and between the HRA and the City and must be filed with the Hennepin County Director of Resident and Real Estate Services. NOW, THEREFORE, the City and the HRA mutually agree to the following: (1) The City will issue and sell the Series 2018A Bonds in accordance with the Bond Resolution. (2) The proceeds from the sale of the Series 2018A Bonds will be applied in accordance with the Bond Resolution. (3) The HRA pledges tax increment revenues generated by the TIF District from certain property described in the TIF Plan (the "Available Tax Increment") to the payment of principal and interest on the Series 2018A Bonds (and any bonds issued to refund such bonds), subject to the terms of this Agreement. At least three (3) business days prior to each debt service payment date for the Series 2018A Bonds, there shall be transferred from the account of the TIF District to the Debt Service Fund maintained by the City for the payment of the Series 2018A Bonds, an amount of Available Tax Increment, which when taken together with taxes levied for such purposes in accordance with the Bond Resolution and amounts already on deposit in such Debt Service Fund, is equal to the principal of and interest on the Series 2018A Bonds to become due on the subject payment date. Any Available Tax Increment in excess of 105% of the principal and interest due with respect to the Series 2018A Bonds on any payment date may be retained by the HRA in the M account for the TIF District and applied to any costs of the Project in accordance with law. (4) Without regard to anything in this Agreement to the contrary, Available Tax Increment may be pledged (at the HRA's option on a parity, superior or subordinate basis) to pay principal of and interest on the Series 2018A Bonds and any other obligations issued by the City, HRA or any other public body to finance public redevelopment costs paid or incurred by the HRA. in the Project. The HRA reserves the right to release all or any portion of Available Tax Increment from the pledge under this Agreement (including without limitation the release of Available Tax Increment from any specific parcel within any District) to the extent permitted by law, provided that in no event may the HRA reduce the pledge such that Available Tax Increment is reasonably expected to pay less than twenty percent (20%) of principal and interest on the Series 2018A Bonds (or any bonds issued to refund such bonds). (5) An executed copy of this Agreement shall be filed with the Hennepin County Director of Resident and Real Estate Services pursuant to Minnesota Statutes, Section 469.178, Subdivision 2. IN WITNESS WHEREOF, the City and the HRA have caused this Agreement to be duly executed on their behalf and the seal of the City to be hereunto affixed and such signatures and the seal of the City to be attested, as of the day and year first above written. ATTEST: City Manager (SEAL) ATTEST: Executive Director 2 Mayor LeiNo LoingUJIVA 110101. By_ Chair