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17) Adopt Resolution #04-02-037 Receiving Report and Calling a Public Hearing on <br /> hnprovement Project #04-12 (Sealcoat and Crackfill Traprock Commons) <br />18) Adopt Resolution #04-02-038 Receiving Report and Calling a Public Heating on <br /> Improvement Project #04-13 (Bituminous Overlay Bowers Drive) <br />19) Adopt Resolution #04-02-039 Receiving Report and Calling a Public Heating on <br /> hnprovem ent Project #04-14 (Bituminous Overlay Rum River Hills) <br />20) Adopt Resolution #04-02-040 Proclaiming Northstar Commuter Rail Day <br /> Central Minnesota <br /> <br />Throughout <br /> <br />Motion carried. Voting Yes: Mayor Gamec, Councilmembers Kurak, Zimmerman, Cook, Elvig, <br />Pearson, and Strommen. Voting No: None. <br /> <br />COUNCIL BUSINESS <br /> <br />Case #1: Report from Finance Committee <br /> <br />Removed fi'om the agenda. <br /> <br />Case #2: <br /> <br />Consider Authorizing the Issuance of Approximately $11.8 Million in Lease <br />Revenue Bonds for PACT Charter School and the Execution of Various <br />Documents in Connection with the School Project <br /> <br />Finance Officer Lund explained that at the December 16, 2003 meeting, Council adopted <br />Resolution #03-12-334 giving preliminary approval to the issuance of revenue bonds for the <br />PACT Charter School Project. State and Federal law allows cities to issue bonds and loan the <br />proceeds to nonprofit corporations to finance capital expenditures. By issuing tax-exempt bonds <br />through the City, the Charter school reduces their borrowing costs due to the tax-exempt status. <br />She advised that the PACT Charter School is now asking for the authorization for the actual <br />issuance of the revenue bonds associated with their school project. The amount to be issued will <br />not exceed $11.8 million. Finance Office Lund reviewed the documents relating to the bond <br />issuance that also need to be executed. She advised that the PACT Charter School agrees to pay <br />all principal and interest on the bonds so the City is merely a conduit and the money and <br />obligation are between PACT and the trustee for the bondholders. PACT Charter School will be <br />held responsible for all fees that are incurred for the issuance of this bond. Also, PACT will be <br />required to cover all fees associated with costs incurred by the City relating to their own bond <br />issuance if PACT's bond issue causes the City to become non-bank qualified. To remain bank <br />qualified, which offers lower interest rates, the City must not borrow more than $10 million in <br />any one calendar year. Staff recommends the Council adopt the draft resolution authorizing the <br />issuance of lease revenue bonds and authorizing the execution of various documents in <br />connection with the PACT School project. <br /> <br />City Attorney Goodrich advised approval of the resolution would be contingent on his review. <br /> <br />Councilmember Kurak stated she agrees with this resolution, however, she was troubled that she <br />could not find an escrow fund that is set up. She stressed the importance that this be very clear. <br /> <br />City Council/February 10, 2004 <br /> Page 7 of 18 <br /> <br /> <br />