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85-1409 WMITE - CITV CLERK PINK - FINANCE GITY OF SAINT PAITL Council y�! ��/�Q BLUERV - MAYORTMENT File NO• � �� / � j , Coun i Resolution Presented By � Referred To �r ��"I� L� Committee: Date �� — ���� Out of Committee By Date 1. On September 17, 1985, the Port Authority of the City of St. Paul adopted Resolution No. 2518 giving preliminary approval of the issuance of $2,460,000 in industrial development revenue bonds to finance the construction of a 40,000 Sq. Ft. offa.ce, production and etorage facility at the intersection of Snelling Avenue and Energy Park Drive in Energy Park, St. Paul, Minnesota for Merrill Corporation. Miller & Schroeder Financial, Inc. has agreed to underwrite the 30 year bond issue. 2. Laws of Minnesota 1976, Chapter 234, provides that any issue of revenue bonds authorized by the Port Authority of the City of Saint Paul, shall be issued only with the consent of the City Council of the City of Saint Paul, by resolution adopted in accordance with law; 3. The Port Authority of the City of Saint Paul has requested that the City Council give its requisite consent pursuant to said law to facilitate the issuance of said revenue bonds by the Port Authority of the Ca.ty of Saint Paul, subject to final approval of the details of said issue by the Port Authority of the City of Saint Paul. RESOLVED, by the City Council of the City of Saint Paul, that in accordance with Laws of Minnesota 1976, Chapter 234, the City Council hereby consents to the issuance of the aforesaid revenue bonds for the purposes described in the aforesaid Port Authority Resolution No. 2518 the exact details of which, including, but not limited to, provisions relating to maturities, interest rates, discount, redemption, and for the issuance of additional bonds are to be determi.ned by the Port Authority, pursuant to resolution adopted by the Port Authority, and the City Council hereby authorizes the issuance of any additional bonds (including refunding bonds) by the Port Authority, found by the Port Authority to be necessary for carrying out the purposes for which the aforesaid bonds are issued. COUKCILME[V Requested by Department of: Yeas :��.� Nays Drew �_ [n Favor Masanz NfCOSia ,�,,/ scne�be� '�/' __ Against BY Tedesco Wilson DCT 1 7 1985 Form Approv by City Attorney Adopted by Council: Date � �� Certified Pas e ouncil Se et BY � sy t#pprov �Navor. Dat O.CT i � 1985 App by Mayoc for Submis on to ouncil By � PU�I����D 0��T ,`� � 1�$5 St. Paul Port Authority DEPARTMENT �' �� �9 N 2229 0 D. G. Dunshee, E. A. Kraut CONTAGT 2�L�_SF,Rh PHONE � September 17, 1985 DATE 1 Q/� e�,r ASSIGN NUMBER FOR ROUTING ORDER (Clip All Locations for Signature) : 1 Department Director 3 Director of Management/Mayor Finance and Management Services Director 4 City Clerk Budget Director Merrill Corporation � City Attorney $2,460,000 Revenue Bond Issue WHAT WILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : The purpose of the bond issue is to finance the construction of a 40,000 Sq. Ft. office, production and storage fac�lity tor Merrill Corporation to be located at the intersection of Snelling Avenue and Energy Park Drive in Energy Eark, St. Paul, Minnesota, Merrill Corporation is now the sixth Yargest financial printing firm in the United States. �����`�S �.�� �-�'' COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTICIPATED: The amount of the revenue bond issue is $2,460,000 and it will be for a term of 30 years. There will be 50 new jobs created as a xesult of this project. FINANCING SOURCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount of Transaction: quired if under $10,000) Funding Source: Activity Number: ATTACHMENTS (List and Number All Attachments) : 1. Staff Memorandum �'���'{;���33 2. Draft City Council Resolution �C�� j �1�8� 3. Port Authority Resolution'' No. 2518 rv1/��^;Z�; or"FlCE cc: Richard Thorpe DEPARTMENT REVIEW CITY ATTORNEY REVIEW X Yes No Council Resolution Required? Resolution Required? x Yes No Yes �No Insurance Required?. Insurance Sufficient? X Yes No Yes x No Insurance Attached:� ' (SEE REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 P O R T � � G� �'.s'-is�o� � AUTHORITY OF THE CITY OF ST. PAUL . Memorandum TO: BOARD OF COMMISSIONEKS DATE: Sept. 13, 1985 (Meeting September 17, 1985) FROM: Uonald G. llunshee SUB.IECT: Public Hearing - Preliminary and Underwriting Agreements $2,460,000 876 Revenue Bond Issue - Merrill Corporation - Energy Park Resolution No. 2518 Public Sale Hearing - Sale of Land - Merrill Corporation Resolution No. 2519 1. The Company Merrill Corporation is a financial printing company founded in St. Paul in 1968. They have enjoyed a 90 percent growth rate in the last three years, while the industry as a whole has only expanded 12 percent growth. Merrill is now the sixth largest financial printing firm in the United States. The reason for this rapid growth and need for expansion is that the company implemented a variety of computer-based systems designed to automate the mechanics of the financial printing process. These systems included computerized phototypesetting systems, high speed digital facsimile transmission systems, and word processing conversion systems that enable Merrill to translate the text encoded on virtually any diskette or tape into a format that can be used by Merrill's computerized typesetting equipment. Besides the St. Paul headquarters facility they have offices in New York, Washington D. C. , Chicago, Denver, San lliego and Los Angeles. Merrill Corporation has been the prime financial printer of the Port Authority's Official Statements and bonds in recent years. 2. The Project _The Company is currently located at 1731 University Avenue and last year outgrew that facility making it necessary to lease additional office space in an adjacent building. Business has continued to increase to the point they plan to build a new 40,000 Sq. Ft. off ice, production and storage facil.ity in �:nergy Park. The building would be constructed at the intersection of Snelling Avenue and Energy Park Drive immediately South of the Ramsey County Ice Arena. The Port Authority would lease the site containing 148,569 Sq. Ft. at a rate of $2.25 per Sq. Ft. plus 10% interest for a 30 year term. The annual rent would be $36,239.04 payable monthly in advance in the amount of $3,019.92 beginning in the ninth month. At the present time the Company employs 280 people including 180 in St. Paul on three shifts. A new facility would permit them to increase employment by 20 the first year and 40 to 50 in three years. They have agreed to sign the First Source Employment and Training Agreement. ' � � �_��if��� BOARD OF CUMMISSIONERS Meeting September 17 , 1985 Merrill Corporation Page 2 3. Financing The proposed financing would be done as an 876 industrial development revenue bond issue for a 30 year term. The Company will be funding the debt service reserve in cash in the amount of $258,000. Proceeds from the bond issue would be as f ollows: Construction $2,200,000.00 Bond Issue Expense 28,350.00 Capitalized Interest (8 Months) 157 ,850.00 Discount 73,800.00 $2,460,000.00 The Port Authority would receive earnings on the sinking fund as well as the customary fiscal and adminsitrative fees based on a formula of .42% per million per year for the first ten years, .54� per million per year for the second ten years and .66% per million per year for the third ten years of the lease. 4. Underwriting Miller & Schroeder Financial, Inc. has agreed to underwrite the 30 year bond issue at an interest rate to be set the day the bonds are sold. We anticipate the bonds will sell at the regular October, 1985 Commission meeting. 5. Terms of the Lease The term of the lease would be for 30 years with the Corporation having an option to purchase the land for one—half the original cost and the building for 10% of the original bond issue cost at the end of the term. 6. Recommendation The Corporation and Staff inet with Councz.l 46 on September 9 and they endorsed the project by unanimous vote. Staff has interviewed officers of Merrill Corporation, reviewed their financ.ial statements and recommends approval of the above Resolutions. sjs � , . ' � � �/_�.�—is�o 9 • 5665 Resolution No. ��� RESOLUTION OF THE PORT AUTHORITY OF THE CITY OF SAINT PAUL WHEREAS, the purpose of Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Develop- ment Act (hereinafter called "Act" ) as found and determined by the legislature is to promote the welfare of the state by the active attraction and encouragement and development of economi- cally sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment and to aid in the development of existing areas of blight, marginal land and persistent unemployment; and WHEREAS, factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of governmental services required to meet the needs of the increased population and the need for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; and WHEREAS, The Port Authority of the City of Saint Paul (the "Authority" ) has received from the K. F. Merrill Corporation (hereinafter referred to as "Company" ) a request that the Authority issue its revenue bonds (which may be in the form of a single note) to finance the acquisition, installation and construction of a 40,000 square foot office, production and storage facility (hereinafter collectively called the "Project" ) at the intersection of Snelling Avenue and Energy Park Drive in Energy Park in the City of St. Paul, all as is more fully described in the staff report on file; and WHEREAS, the Authority desires to facilitate the selective development of the community, to retain and improve its tax base and to help it provide the range of services and employment opportunities required by its population, and said � � � � ���=i�/a� ' Project will assist the City in achieving that objective. Said Project will help to increase the assessed valuation of the City and help maintain a positive relationship between assessed valuation and debt and enhance the image and reputation of the City; and WHEREAS, the Project to be financed by revenue bonds will result in substantial employment opportunities; WHEREAS, the Authority has been advised by repre- sentatives of the Company that conventional, commercial financing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Project would be significantly reduced, and the Company has also advised the Authority that but for the revenue bond financing made available by the Authority, and its resulting low borrowing cost, the Project would not be undertaken; WHEREAS, Miller & Schroeder Financial, Inc. (the "Underwriter" ) has made a proposal in an agreement ( the "Underwriting Agreement" ) relating to the purchase of the revenue bonds to be issued to finance the Project; WHEREAS, the Authority, pursuant to Minnesota Statutes , Section 474 .01 , Subdivision 7b did publish a notice, a copy of which with proof of publication is on file in the office of the Authority, of a public hearing on the proposal of the Company that the Authority finance the Project hereinbefore described by the issuance of its industrial revenue bonds; and WHEREAS, the Authority did conduct a public hearing pursuant to said notice, at which hearing the recommendations contained in the Authority' s staff inemorandum to the Commissioners were reviewed, and all persons who appeared at the hearing were given an opportunity to express their views with respect to the proposal . NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the Port Authority of the City of Saint Paul, Minnesota as follows : l. On the basis of information available to the Authority it appears, and the Authority hereby finds, that said Project constitutes properties , used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision la of Section 474 .02 2 . � � ��s=i�o9 , ` of the Act; that the Project furthers the purposes stated in Section 474.01 of the Act and, but for the willingness of the Authority to furnish such financing, the Company would not undertake the Project, and that the effect of the Project, if undertaken, will be to encourage the development of . economically sound industry and commerce and assist in the prevention of the emergence of blighted and marginal land, and will help to prevent chronic unemployment, and will help the City to retain and improve its tax base and provide the range of services and employment opportunities required by its population, and will help to prevent the movement of talented and educated persons out ,of the state and to areas within the state where their services may not be as effectively used and will result in more intensive development and use of land within the City and will eventually result in an increase in the City' s tax base; and that it is in the best interests of the port district and the people of the City of Saint Paul and in furtherance of the general plan of development to assist the Company in financing the Project. 2. Subject to the mutual agreement of the Authority, the Company and the purchaser of the revenue bonds as to the details of the lease or other revenue agreement as defined in the Act, and other documents necessary to evidence and effect the financing of the Project and the issuance of the revenue bonds, the Project is hereby approved and authorized and the issuance of revenue bonds of the Authority (which, may be in the form of a single note) in an amount not to exceed approximately $2 ,460,000 (other than such additional revenue bonds as are needed to complete the Project) is authorized to finance the costs of the Project and the recommendations of the Authority' s staff, as set forth in the staff inemorandum to the Commissioners which was presented to the Commissioners, are incorporated herein by reference and approved. 3. In accordance with Subdivision 7a of Section 474.01 , Minnesota Statutes, the Executive Vice-President of the AUTHORITY is hereby authorized and directed to submit the proposal for the above described Project to the Commissioner of Energy and Economic Development, requesting his approval, and other officers, employees and agents of the AUTHORITY are hereby authorized to provide the Commissioner with such preliminary information as he may require. 3 � � • ��1.�-��a 9 • 4. There has heretofore been filed with the Authority a form of Preliminary Agreement between the Authority and Company, relating to the proposed construction and financing of the Project and a form of the Underwriting Agreement. The forms of the agreements have been examined by the Commissioners . It is the purpose of the agreements to evidence the commitment of the parties and their intentions with respect to the proposed Project in order that the Company may proceed without delay with the conanencement of the acquisition, installation and construction of the Project with the assurance that there has been sufficient "official action" under Section 103 (b) of the Internal Revenue Code of 1954, as amended, to allow for the issuance of industrial revenue bonds ( including, if deemed appropriate, any interim note or notes to provide temporary financing thereof) to finance the entire cost of the Project upon agreement being reached as to the ultimate details of the Project and its financing. Said agreements are hereby approved, and the President and Secretary of the Authority are hereby authorized and directed to execute said agreements. 5 . Upon execution of the Preliminary Agreement by the Company, the staff of the Authority is authorized and directed to continue negotiations with the Company so as to resolve the remaining issues necessary to the preparation of. the lease and other documents necessary to the adoption by the Au�thority of its final bond resolution and the issuance and delivery of the revenue bonds; provided that the President (or , Vice-President if the President is absent) and the Secretary (or Assistant Secretary if the Secretary is absent) of the Authority, or if either of such officers (and his alternative) are absent, the Treasurer of the Authority in lieu of such absent officers, are hereby authorized in accordance with the provisions of Minnesota Statutes, Section 475 .06 , Subdivision 1, to accept a final offer of the Underwriter made by the Underwriter to purchase said bonds and to execute the Underwriting Agreement setting forth such offer on behalf of the Authority. Such acceptance shall bind the Underwriter to said offer but shall be subject to approval and ratification by the Port Authority in a formal supplemental bond resolution to be adopted prior to the delivery of said revenue bonds. 6 . The revenue bonds ( including any interim note or notes) �nd interest thereon shall not constitute an indebtedness of the Authority or. the City of Saint Paul within the meaning of any constitutional or statutory limitation and 4 • � • �=�.5 i�a q . � shall not constitute or give rise to a pecuniary liability of the Authority or the City or a charge against their general credit or taxing powers and neither the full faith and credit nor the taxing powers of the Authority or the City is pledged for the payment of the bonds (and interim note or notes) or interest thereon. 7 . In order to facilitate completion of the revenue bond financing herein contemplated, the City Council is hereby requested to consent, pursuant to Laws of Minnesota, 1976 , Chapter 234, to the issuance of the revenue bonds ( including any interim note or notes) herein contemplated and any additional bonds which the Authority may prior to issuance or from time to time thereafter deem necessary to complete the Project or to refund such revenue bonds; and for such purpose the Executive Vice President of the Authority is hereby authorized and directed to forward to the City Council copies of this resolution and said Preliminary Agreement and any additional available information the City Council may request . 8 . The actions of the Executive Vice-President of the Authority in causing public notice of the public hearing and in describing the general nature of the Project and estimating the principal amount of bonds to be issued to finance the Project and in preparing a draft of the proposed. application to the Commissioner of Energy and Economic Development, State of Minnesota, for approval of the Project, which has been available for inspection by the public at the office of the Authority from and after the publication of notice of the hearing, are in all respects ratified and � confirmed. / ' j ; � Adopted September 17 , 1985 " , % / � / � �-�_ Attest � `� � Presid"en The Poz�Authority of the City of Saint Paul L 4�.Z. Sec tary � 5 ' • �J--�S i s�o 9 �-, PORT AUTHORITY OF THE CITY OF SAINT PAUL TOLL FREE(800) 328-8417 25 WEST FOURTH STREET • SUITE 1305 • ST. PAUL, MINN. 55102 • PHONE (612) 224-5686 September 17, 1985 Mr. James Bellus, Director Planning and Economic Development Department City of St. Paul 14th Floor, City flall Annex St. Paul, Minnesota 55102 SUBJECT: Merrill Corporation $2,460,000 Revenue Bond Issue Dear Jim: We submit herewith for your review and referral to the office of the Mayor, City Council and City Attorney's office details pertaining to the issuance of a $2,460,000 revenue bond issue for Merrill Corporation to finance the cosntruction of a 40,000 Sq. Ft. office, production and storage facility at the intersection of Snelling Avenue and Energy Park Drive in Energy Park. The Port Authority staff has conducted a thorough evaluation of the firms and/or individuals that are involved in this project or in which the principals have an interest. This investigation has included detailed credit analysis, Dun and Bradstreet reports, direct communication with representatives of financial institutions with whom the participants have done business and data base checks to determine if any principal(s) have been in any way involved in legal proceedings as a result of securities fraud, extortion, embezzlement or financial mi.srepresentation. In addition to the staff inemorandum, we are attaching a draft copy of the proposed City Council resolution and a copy of Port Authority Resolution No. 2518 which authorized the sale of revenue bonds in the amount of $2,460,000. Your expeditious handling of this matter will be appreciated. Y rs truly, gene A. Kraut Egecutive Vice President EAK:DGD:sjs EUGENE A KRAUT,C.I.D. �C� �y DONALD`�DUNSHEE.C.I.D. CHARLES M.TOWLE CUFFORD E.RAMSTED PERRY K FEDERS EXECUTNE VICE PRESIDENT ASST.EXEC.VICE PRESIOEM DIRECTOR OF INDUSTRIAL OEVELOPMEM CHIEF ENGINEER DIRECTOR OF FNANCE C.E.O. RICHARD A GIERDAL WILLIAM E.McGNERN PROPERN MFWAGER DIRECTOR Of PUBLIC RELATIONS COMMISSIONERS GEORGE W.WINTER WIU.IAM WILSON ARTHUR N.GOODMAN VICTOR P.REIM RAYMOND E.LANGEVIN CHRIS NICOSIA JEAN M.WE5 PRESIDENT V10E PRESIDENT $ECRFfARV TREASURER COMMISSIONER COMMISSIONER COMMISSIONEf C.I.D. Certified Industrial Developer N` _, � _. r � , ���-�5/oF �:.:��„"*;`;� CI�'Y O1{' .SAIN2� �.E�.YJ"L ,';y; �� �,;� . _f�._-r, �--��1��;__� ox�i,xcr ox�� 2,1,TI: C.IT�'' COII\-cr� � �,��; s�:;.�:}�=��:► ��:�� � . � .-i� �:,,� '.11�• <h . � '�=—�. - �j �: D o t e ; �;;,,� . /„`,/ October 10, 1985 •f`Y x��j'�• . . � . ���•r.e�.•:•� 1 -C::��(�.�_(�.T � E� R E__P 0 .�T i O = �ajn� P�a� I � ifiy Co►,� � �ii . � F P► � �,� % C i'��`�1 T�71 j��'�� O i 1 FINANCE, AIANAGEMENT � PERSONNEL � �. C�-I A! P.�� James Scheibel � 1 . Approva 1 of mi nutes from meet i ng hel d October 2, 1985.���aV�-� ' � 2. Ordinance amending Chapters 369, 370, and 310 of the Legislative Code pertainino to � buitding trades business licenses and certificates of compete.ncy. (Community Serv i ces) . (La i d over f rom 9/26/85) �P1�.0�11�3. � 3. Resolution amending the 1985 budget by transferring $965.00 from Contingent ¢�;�'��•��! Reserve-Specified to General Govt. Accounts-Surety Bond Premiums. (Finance Dept.) 4. Resolution authorizing an agreement with Zimmerman Realty for rentai of office space . a t 195�+ Un i vers i ty Ave. for Publ i c Hea 1 th D i v i s i on. (Hea 1 th Deot.) /�1���1�� 5. Resolution consenting to the issuance of Port Authority Industrial Developme�t Re��enue Bonds in the amt. of $765,000 to finance construction of an office, manufacturin� and warehous ing faci l i ty for EMC Corp. at York � Case Ave. P D) (����t� � _., :.,. . . � �� .' �a�q.:C�t+��Mtitt+�`�#�� �� �+11�iT�t't��`�f Po�t �4�L�t,;.;��S�ustrial Development Revenue . goc�d� .t�,,fi,t� �na�'��f '�'2,�fi�f'1,Q�Y�'°to f i nance cons truct i on o� a � ff i ce, product i on "'��se�^�rr�er- �faci i i ty ��►t'=1�k`i�r��I1 Cc��: fr�'�E�"�r F#�s�;. (PED) 7. Discussion of financing package for Block L (KTCA) . JU'C �LTtb�• 8. Ord i nance amend i ng Chapter 26 of the Admi n i strat i ve Code perta i n i ng to mandatary =";f„�� retirement for employees in the uniformed division of the Fire Dept. (Fire Dept.� MOOT ISSUE TO BE REMOVED FROM COMMITTEE LIST OF ITEMS TO BE DEALT WI�TH: Ordinance pertaining to the hotel-motel tax and use of furtds by the Civic Center Authori ty. _ ���l�,�,j "�? R�p�1� �p� �.•�ST. CITY HALL SEVENTH FLOOI'� � . , SAINT PAIJL. rill\ESOT.� SSIO_