CR 95-162 Mighty Ducks Grant Application
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September 15, 1995
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Council Report: 95-162
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"MIGHTY DUCKS" GRANT APPLICATION
Proposed Action.
Staff recommends adoption of the following motion: "The city elects
not to enter into the necessary and required aqreements with the
Minnesota Amateur Sports Commission for the specific purpose of
constructing a sports facility which includes lonq-term proqram
direction."
Overview.
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As part of the City council work session on September 12, the Hopkins
Youth Hockey Association (HYHA) gave a presentation on the "Mighty
Ducks" grant legislation. This proposal included a request to
construct and operate an addition to the Hopkins Pavilion. This
proposed addition would be funded partially through a possible "Mighty
Ducks" grant of $250,000. An application for this possible grant
would have to be submitted by October 2, 1995. This application would
require a council resolution in support of the construction, and to
enter into a joint powers agreement with HYHA and the school district
for operational costs. A sample of this resolution and joint powers
agreement is attached. After the presentation by HYHA at the work
session, and a report by staff, the council requested that this be
placed on the business agenda for the September 18 Park Board meeting.
The Park Board should make a recommendation which will be available
after their September 18 meeting.
Primary Issues to Consider
o Construction related issues include; relocation of warming
house, storm water drainage requirements , utility relocations,
fire access, proximity to and limits of a dump.
o Operational issues include; staffing levels, parking
requirements, ice rental costs, and miscellaneous enterprise fund
budget concerns.
o Central Park land use planning and scheduled recreational needs.
These primary issues were presented previously to Council for the work
session in a memorandum report by staff.
Supportinq Information
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o Hopkins Park Board motion (available September 19, 1995)
o Draft Council Resolution for grant application
o Draft joint powers agreement
o Central Park master site plan
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Ray( og~an, parks/Forestry/Pavilion Superintendent
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September 18, 1995
Park Board Agenda
Page 2
D.
IIMIGHTY DUCKS" GRANT APPLICATION (presentation/Hopkins Youth
Hockey Assoc.; report to Council/Ray)
Board Action:
E. MAETZOLD FIELD SEASONAL UPDATE (H.A.L.L. letter/Kuhl)
Board Action:
F. PARK AREA ASSIGNMENT REPORTS
John Fink: Valley, Cottageville, Hiawatha Oaks
Dan Schumacher: Oakes, Interlachen, Burnes
Karen Egger: Harley Hopkins, Central, Shady Oak Nature Area
David Day: Elmo, Hilltop, Maetzold Field
Charles Heubach: Shady Oak Beach, Park Valley Playground, Buffer
G. HOPKINS/MINNETONKA JOINT RECREATION BOARD
Board Action:
V. NEW BUSINESS ITEMS
Board Action:
VI. NEXT SCHEDULED MEETING
October 16, 1995 at 6:30 p.m. City Council Chambers
~II. ADJOURNMENT
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DRAFT
CITY OF HOPKINS, MINNESOTA
COUNCIL RESOLUTION
WHEREAS, the Minnesota Amateur Sports Commission ("MASC"), via the State
Capitol Bonding Fund, provides for capital funds to assist political subdivisions of the State of
Minnesota for the development of sports facilities, and
WHEREAS, the City, together with Hopkins Independent School District No. 270 (the
"School District") and Hopkins Youth Hockey Association, a Minnesota non-profit association
(" HYHA ") desire to construct and develop an expansion to the Hopkins Pavilion Ice Arena for
the sports of recreational skating, boys and girls ice hockey, boys and girls figure skating, boys
and girls speed skating, boys and girls soccer, boys and girls roller hockey and roller skating
and other sports.
NOW, THEREFORE, be it resolved by the City Council of the City of Hopkins,
Minnesota:
1.
The City estimates that the total cost of developing said facility shall be
$
and the City is requesting $250,000 from the Mighty Ducks Capital Bonding
Fund and will assume responsibility for a match requirement of a contribution of land.
2. The City intends to own and, subject to the terms of a Joint Powers Agreement
to be entered into between the City, the School District and HYHA, assume the operation costs
for said sports facility, and will operate said facility for its intended purpose for the functional
life of the facility, which is estimated to be 30 years.
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3. The City Council intends to enter into necessary and required agreements with the
Minnesota Amateur Sports Commission for the specific purpose of constructing a sport facility
and long-term program direction.
4. That an application be made to the State of Minnesota, Minnesota Amateur Sports
Commission, to be included in the Minnesota Amateur Sports Commission's (Governors) Capital
Budget Request for an amount presently estimated to be $250,000.
5. That the City Manager is authorized and directed to execute said application and
serve as the official liaison with the Minnesota Amateur Sports Commission.
CERTIFICATION
I hereby certify that the foregoing resolution is a true and correct copy of the Resolution
presented to and adopted by the City Council of the City of Hopkins, Minnesota, at a duly
authorized meeting held on the 19th day of September 1995, as shown by the Minutes of said
meeting in my possession.
By
Title:
[Authorized Official]
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LEONARD, STREET AND DEINARD
DRAFT -- September 11, 1995
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JOINT POWERS AGREEMENT
This Joint Powers Agreement (the "Agreement") dated as of
, 199_, is made and entered into by and among the City of Hopkins. Minnesota (the
"City"), Hopkins Independent School District No. 270 (the "School District"), and Hopkins
Youth Hockey Association, a Minnesota non-profit association ("HYHA").
RECIT AL
WHEREAS, pursuant to Minnesota Statutes, Sections 475.51 through 475.79, as
amended (the "Act"), any Municipality (as defined in the Act) may issue obligations to finance
the acquisition, improvement or construction of an indoor ice arena intended to be used
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predominantly for youth athletic activities;
WHEREAS, the School District administers a youth hockey program for the boys and
girls at Hopkins High School;
WHEREAS, HYHA sponsors a program of youth hockey instruction for boys and girls
within the jurisdiction of the School District (which also includes the City);
WHEREAS, it has been proposed that the existing ice arena within the City (the
"Pavilion") be remodeled and expanded with an additional sheet of ice and locker rooms and
other amenities added so as to be suitable as a venue for boys and girls high school hockey
games (such remodeling and expansion is referred to herein as the "Project");
WHEREAS, the City has determined that significant benefits will inure to the residents
of the City from the financing and resultant operations of the Project, and, in order to promote
. these benefits, the City has agreed to issue bonds (the "Bonds") under the Act on the telms and
conditions set forth in this Agreement;
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WHEREAS, the City Council of the City has found, based on analysis provided by a
professional experienced in finance, that Project revenues and other available monies will be
sufficient to pay the Bonds, without reliance on a property tax levy or the City's general purpose
state aid;
WHEREAS, Minnesota Statute, Section 471.59, as amended (the "Joint Powers Act"),
provides that two or more governmental units, by agreement, may enter into through action of
their governing bodies, may jointly or cooperatively exercise any power conunon to the
contracting parties or any similar powers, and that the Agreement may provide for the exercise
of such powers by one or more of the participating government units on behalf of the other
participating governmental units;
WHEREAS, the City and the School District are "governmental units" within the
meaning of the Joint Powers Act and each has the power to exercise all powers under the Joint
Powers Act;
WHEREAS, the City has heretofore held a public hearing following required notice on
the proposal to finance the Project, which was attended by duly appointed representatives of the
City and HYHA, and at which all parties were given an opportunity to express their views
regarding the financing; of the Project; and
WHEREAS, each of the governing bodies of the City and the School District have
adopted resolutions approving the issuance of the Bonds following a public hearing for the
purpose of financing the Project and have authorized the execution and delivery of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants herein made, the parties
to this Agreement agree as follows:
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1. Purpose of Agreement. The purpose of this Agreement is to provide for the
financing of the Project by the City, the School District and HYHA. In order to finance a
portion of the cost of the Project, the City shall exercise its powers pursuant to the Act, and
shall issue the Bonds pursuant to the terms of an Indenture of Trust to be dated as of
_, 199 _, by and between the City and the trustee named there (the
"Indenture") .
2. Manner of Exercise. The City shall undertake all activities necessary and
convenient in furtherance of the issuance and sale of the Bonds and the monitoring of the
Project; including, without limitation:
(a) the adoption, approval and execution of such resolutions, documents and
agreements as shall be necessary and convenient in connection with the issue and
sale of the Bonds, or otherwise necessary or convenient to give effect to the
transactions contemplated by such resolutions, documents or agreements;
(b) the pledge of revenues from the Project to the payment of the Bonds;
(c) the monitoring and enforcement of all agreements contained in the Indenture and
all other documents and agreements entered into or otherwise relating to the
issuance of, and security for, the Bonds;
(d) the disbursement of proceeds of the Bonds and the collection, holding, investment
and disbursement of all revenues of the Project and other monies held in all
accounts and funds established under the Indenture; and
(e) the issuance of the Bonds which will be backed by the full faith and credit and
taxing power of the City, in an aggregate principal amount not exceeding
$
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3. Source and Contribution of Funds. All costs of constructing and equipping the
Project in excess of the net proceeds of the Bonds shall be borne by HYHA and the School
District. The obligation of the School District to pay the costs of constructing or equipping the
Project is limited to $ , payable in 199_. HYHA is obligated for any excess.
Any obligations of the School District under this Agreement to make any payments after
are subject to appropriation by the governing body of the School District.
4. Ownership and Management of Proiect. The Project shall be owned by the
City and managed by the City, the School District and HYHA under the terms of this
Agreement.
(a) Budget and Disbursements: Capital Improvements. The City shall provide the
staff necessary to operate and maintain the Project. The costs of such staff shall
be included in the Project budget. The City sha1l provide annual preliminary
budgets for the operation, maintenance and repair of the Project and such other
reports required to be provided by the City under the Indenture. Preliminary
operating budgets shall be distributed by the City to HYHA and the School
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District on or before
of each year for the upcoming fiscal year.
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The proposed budget shall be approved by a majority vote of the City, School
District and HYHA on or before . The preliminary budget
shall include a separate proposal specifying the allocation of ice time among the
largest ten users. The allocation of ice time among such users shall be made in
accordance with the priorities set forth in this section. First priority shall be
given, to the extent required by Minnesota Statutes, Section 240A.09(c) and other
applicable law (including City ordinance), to female groups by offering up to
50% of prime ice time (as defined in Minnesota Statute, Section 240A.09(c)), as
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needed, to female groups. Second priority (for no more than hours in any
fiscal year) to programs sponsored by the City. Third priority shall be given for
all remaining prime ice time (as defined in Minnesota Statutes, Section
240A.09(c)) jointly to the School District and HYHA, to be allocated between
them as they may agree. The preliminary budget shall also include a forecast of
all capital improvements anticipated to be required in the next succeeding five
fiscal years.
(b) Operations of the Proiect. The City shall be responsible for operations and
maintenance of the Project and, except as otherwise provided in this Agreement,
shall operate the Project in a manner similar to that employed as if the City were
the sole owner and financially responsible for the Project. The City shall provide
quarterly actual operating statements to HYHA and the School District.
Liability of HYHA and School District for Budget Shortfalls. So long as any
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(c)
Bonds are outstanding under the Indenture, it shall be the obligation of HYHA
and the School District to contribute funds to supplement revenues of the Project
to assure that operation and maintenance of the Project is paid for on an annual
basis and debt service on the Bonds is paid without reliance on a property tax
levy by the City or the City's general purpose state aid.
5. Continuing Disclosures. The City, the School District and HYHA shall comply
with all provisions of the Continuing Disclosure Agreement dated
into in connection with the issuance of the Bonds.
6. Term of Agreement; Termination. The School District and HYHA may each
, entered
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individually terminate their rights or obligations under this Agreement upon the retirement or
defeasance of the entire principal amount of the Bonds. The City may terminate the School
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District or HYHA upon 30 days prior written notice in the event such party or parties fails to
make any contribution required of it under Section 4(c) hereof. Upon termination by any party,
the remaining parties shall succeed pro rata to the rights and obligations of the terminated party
under this Agreement.
7. Amendments. This Agreement may be amended only by the unanimous written
consent of the parties hereto. No amendment may materially prejudice the rights of the holders
of the Bonds except as is otherwise provided in the Indenture.
8. Disposition of Property. Following termination by both HYHA and the School
District, the Project shall be and remain property of the City, to be held and disposed of at its
discretion.
IN WITNESS WHEREOF, duly authorized officers of the City, the School District and
HYHA have executed this Agreement as of the date first above written.
CITY OF HOPKINS
By
Its
HOPKINS INDEPENDENT SCHOOL
DISTRICT NO. 270
By
Its
HOPKINS YOUTH HOCKEY ASSOCIATION
By
Its
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