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84-1322 WH17E - CITV CLERK PINK - FINANCE C I TY OF SA I NT PAUL Council AL /� CANARV - DEPARTMENT File NO. u� /�^I _ OLUE - MAVOR � • C c,il Resolution Presented By � Referred To �l Committee: Date ~ ( � Out of Committee By Date WH.EREAS: 1. On August 21, 1984, the Port Authority of the City of Saint Paul adopted Resolution No. 2315 giving preliminary approval to the issuance of revenue bonds in the initial principal amount of $1,100,000 to finance leasehold improvements at 450 North Syndicate in St. Paul for the C. Angus Wurtele, Clarkson Lindley & Mary Wurtele Vaughan Trusts. The bonds will be underwritten by Miller & Schroeder Municipals, Inc. 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 City 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. 2315 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 determined 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. 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ANGUS WURTELE, CLARKSON LINDLEY & MARY WURTELE VAUGHAN TRUSTS $1,100,000 INDUSTRIAL DEVELOPMENT REVENUE BOND 876 PUBLIC HEARING PRELIMINARY & UNDERWRITING AGREEMENT 450 N. SYNDICATE (FORMER BROWN & BIGELOW CORPORATE OFFICE) - OFFSITE RESOLUTION N0. 2315 1. The Company On October 7, 1980 the Port Authority Conmission sold $1,970,000 in industrial development revenue bonds for SDA Enterprises to finance the acquisition and remodeling of the former Brown & Bi gelow corporate offices at the above address. At the present time $1,940,000 of these bonds remain outstanding. On November 30, 1982 the Port Authority Commission by Resolution No. 2078 approved the assignment of the SDA Enterprises lease to the Clarkson Lindley Trust. Since the Trust was assigned the building, they have attempted to sub- lease space in the building with limited success. One of the major reasons that the space has not been leased is that it would require substantial leasehold improvements to permit multiple occupancy. 2. The Project The Trust has asked that the Port Authority Comnission consider authorizing the issue of $1,100,000 in industrial development revenue bonds to finance the leasehold improvements. Because of the amount of vacant office space in St. Paul we have indicated to the Trust that until a minimum of 60% of the space is pre-leased with minimum 3 year leases, we would not consider the sale of the bonds. The approval of the preliminary agreement by the Commission would allow the Trust to construct model office areas to be used in marketing the space and allow the Trust to be reimbursed from bond proceeds when the issue is closed. -♦ • , • , p/` ,//�r/��C.�. Lil �� � • , BOARD OF COMMISSIONERS -� August 17, 1984 Page 2 3. Financing The proposed financing would be done as an industrial development revenue bond issue for a 26 year term as follows: Construction $ 890,000.00 Bond Issuance Expense 30,000.00 Cap�talized Tn�erest - 3, Months 27,000.00 � � Debt Service Reserve 120,000.00 Discount 33,000.00 �1,100,000.00 The Port Authority would receive earnings on the debt service reserve and sinking fund as well as the customary fiscal and administrative 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 last six years of the lease. 4. Underwriting Miller & Schroeder Municipals, Inc. has agreed to underwrite the 26 year bond issue at an interest rate to be set the date the bonds are sold. We anticipate the bonds will sell in November 1984. 5. Terms of the Lease The terms of the lease would be for 26 years and run coterminous with the existing bond issue. There would be an option to purchase the building for 10� of the bond issue cost plus retirement of any outstanding bonds. 6. Recon�nnendation Staff recommends approval of Resolution No. 2315. DGD:Ir , , , . • . C�� ��-/�:�z � , _. � Resolution No. •23/.S� 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 unemplayment and to aid in the develop�nent of existing areas of blight, marginal land and persistent unemployment; and WHEREAS, factors necessitating the active promotion and develop�nent of economi.cally sound industry and co�nmerce are the increasing concentration of population in the metropolitan areas and the rapidly rising increase in the amount and cost of govermnental services required to •meet the needs of the increased population and the need for develognent of land use which will provide an adequate tax base to finance these increased costs and access to employment opportunities for such population; and ti�HEREAS, The Port Authority of the City of Saint Paul (the "Authority") has received from C. Angus Wurtele, Clarkson Lindley and Mary Wurtele Vaughn, as trustees for �he (a) trust under the last will and testament of Clarkson Lindley, deceased, for the benefit of Anna Gale Lindley and others; (b) trust under agreement with Clarkson Lindley dated May 20, 1932; and (c) trust under agreement with Clarkson Lindley dated December 28, 1934 (hereinafter referred to as Trustees ) a request that the Authority issue its revenue bonds (which may be in the form of a single note) to finance the installation of tenant improvements (hereinafter collectively called the "Project") to the facilities currently occupied by the Trustees at 450 N. Syndicate in the City of St. Paul, all as is more fully described in the staff report on file; and ' ,� � . ���/-�.�-2� WHEREAS, the Authority desirea to facilitate the selective development of the cosnmunity, to retain and improve its tag base and to help it provide the range of services and employment apportunities required by its population, and said Project will assist the City in achieving that objective. Said Project wi.11 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 apportunities in the Project; WHEREAS, the Authority has been advised by repre- sentatives of the Trustees that conventional, co�nmercial �inancing to pay the capital cost of the Project is available only on a limited basis and at such high costs of borrawing that the economic feasibility of operating the Project would be significantly reduced, but the Trustees have also advised this Authority that but for the aid of revenue bond financing, and its resulting low borrawi.ng cost, the Project would not be undertaken by the Trustees; WiiEREAS, Miller & Schroeder Municipals, 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; �afiEREAS, 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 Trustees 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 recanmendations 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 o� the City of Saint Paul, Minnesota as follaws: � , � • � C�����/�-?z 1. On the basis of inforn�ation 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 of the Act; that the Project furthers the purposes stated in Section 474.01 of the Act, that but for the availability of the financing under the Act and willingness of the Authority to furnish such financing the Trustees would not undertake the Project, and that the effect of the Project, if undertaken, - will be tv encourage the development of economically sound industxy and c�unerce 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 develop�nent 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 po�t district and the people of the City of Saint Paul and in furtheranee of the general plan of developnient to assist the Company in financing the Project. 2. Subject to the mutual agreement of the Authority, the Trustees 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 $1,100,000 (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 Commi.ssioner of Energy and Economic Develop�nent, 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. i \, � . .� . ��G/3��- 4. There has heretofore been filed with the Authority a form of Preliminary Agreement between the Authority - and Trustees, relating to the proposed construction and financing of the Project and a form of the Underwriting Agreesnent. The form of said Agreements have been examined by the Commissioners. It is the purpose of said Agreements to evidence the commitment of the parties and their intentions with respect to the proposed Project in order that the T=ustees may proceed without delay with the commencement 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 allaw 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 Trustees, the staff of the Authority are authorized and directed to continue negotiations with the Trustees so as to resolve the remaining issues necessary to the preparation of the lease and other documents necessary to the adoption by the Authority 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 nrovisions of Minnesota Statutes, Section 475.06, Subdivision l, to accept a final offer of the Underwriters made by the Undezwriters to purchase said bonds and to execute an underwriting agreement setting forth such offer on behalf of the Authority. Such acceptance shall bind the Underwriters 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) and 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 � shall not constitute or give rise to a pecuniary liability of the Authority or the City or a charge against their general ' � � . : _ � . �� ,�2�. , .. credit or taxing pawers and neither the full faith and credit _ nor the taxing pawers 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 com�letion 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 fram 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 resoluti.on 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 Canmissioner 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. � Adopted August 21, 1984 , _._��j �,_.. .._ . Attest " ` ��-- / � R e de t /' Th Authority of the City " � �i� of Sai t Paul ,. /%'��/C�L�'- //�./- '�L�'�,�c%,'� -Sesretary - � , � � -� � ���,�_i.�:�z Finance Committee Agenda September 20, 1984 Page 2 9. Resolution consenting to the issuance of Port Authority Revenue bonds in the amount of $4,750,000 to finance the construction of an 80,000 square foot cooler and freezer facility in Riverview Industrial Park for GRL Cold Storage. 0. Resolution consenting to the issuance of Port Authority Revenue bonds in the amount of $1,100,000 to finance leasehold improvements at 450 N. Syndicate for the C. Angus Wurtele, Clarkson Lindley � Mary iVurtele Vaughan Trusts. 11. Resolution consenting to the issuance of Port Authority Revenue bonds in the �amount of $I,325,000 to finance the construction of a 25,000 sq. ft. office, _ �warehouse and distribution facility in Energy Park for P.M. Properties, Inc. `to be subleased to Craighead F� Associates, Inc. dba Power/Mation: 12. Resolution consenting to the issuance of Port Authority Revenue bonds in the amount of �5,000,000 to finance the construction of a 72, 170 sq. ft. building in Energy Park for Partnership Technology, Inc. , a subsidiary of ti9infield Developments, Inc. 13. Resolution consenting to the issuance of Port Authority Revenue bonds in the amount of $600, 000 to finance the construction of a 2,500 sq. ft. truck an d garage repair facility and a 2, 100 sq. ft. c*ooler addition to the building at 370 University Ave. for Old Home Foods, Inc. 14. Resolution consenting to the issuance of Port Authority Revenue `bonds in the amount of $1,000,000 to finance the rehabilitation of an existing 90,000 sc{. ft. facility at 800 Fiampden in St. Paul and to exp and it by 40,000 sq. ft. for Roger Greenberg dba Bro-Tex, Inc. 15. Resolution consenting to the issuance of Port Authority Revenue bonds in the amount o� 51,400,000 to finance the construction of a 40,000 sq. ft. warehouse addition to the building at 403 Fillmore Avenue East in Rivervietiv Industrial Park for Kaplan Paper Box Co. , Inc. � 16. Ordinance amending Sections 34.K $ 34. L in the Civil Service Rules by establishing the classification Associate Director of Personnel in the Unclassified Ser;rice. (Personnel) 17. Resolution amending the Salary Plan and Rates of Compensation Resolution regarding the Associate Director of Personnel classification. (Per.sonnel) 18. Resolution revising the class specification for Water Laborer in the Civil Service Rules. (Personnel) 19. Resolution approving 1984-1985 Agreemen�C bet►aeen the ISD #625 and the Teamsters Local 320 representing Food Service Personnel. (Personnel) 20. Ordinance amending Chapter 183 of the St. Paul Legislative Code and pertaining to the set-aside program Prohibiting acts regarding the same, and vesting investigative responsibilities in the Human Rights Department with respect to the set-aside program. 21. Issuance of Industrial Revenue Bonds for Continental Safety Building. (PED)