280355 WHITE — CITV GLERK �L i�A���
PINK — FINANCE TCiG�
CANARV — DEPARTMENT GITY OF SAINT PAUL COUIICII �, �Z .t e �
BLUE — MAVOR File NO.
Council Resolution
Presented By � iJ'� ���
Referred To �r�l�l`��-l: Committee: Date �
Out of Committee By Date
WHEREAS,
1 . On April 19, 1983, trie Port Authority adopted Resolution No. 2124 giving preliminary
approval for the issuance of revenue bonds in the iniiial principal amoun�ts as hereinafter
listed to finance trie conversion of the buildings ' existing heating system to the cenzral
energy system for downtown St. Paul , commonly referred io as the Districi Heating System.
Miller & Schroeder Municipals rias agreed to underwrite the revenue bond issues for terms of
20 years each.
Dollar Amounz of
Building Name and Location Revenue Bonds Approved
Radisson Kellogg - 11 E. Kellogg Boulevard $577,200
Capp Towers - 77 East 9tF� Street 180,500
Time Medical Buildirig - 355 Sherman 21 ,300
TOTAL 779,000
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, �he City Council hereby consents to the issuance of the
aforesaid revenue bonds for the purposes described in the aforesaid Port Authority Resolution
No. 2124 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.
COUNCILMEN
Yeas Nays � Requested by Department of:
Fletcher E_/-1�
�ev�ne In Favor
Masanz
Nicosia
scheibei _ __ Against BY
�'
VI�tilew+—.
MAY 2 4 19a3 Form Approve by City Attorney
Adopted by Council: Date � .�
—�'��------� �_ �
Certifie -ssed Council S etary BY
r � y
B
V 4� `l �Z ac= {'�((; y�
t�ppr d by ;Navor: __ I � � ,`�U� Approved b for Submis on to Counc'
I' ^
_ By
PUB D JUN 4 1983 �
s
� ` . . � ������5
Port Authari�y DEP'ART�,IEIVT
B A Maus. E.R. KraufrONTACT
224-5686 PHONE ��
Apri 1 19, 1983 DATE ��/��
(Routing and Explanation Sheet)
Assign Number for Routing Order (Clip All Locations for Mayoral Signature):
1 Department Di rector
2 City Attorney
3 Director of Management/Mayor
4 Finance and Management Services Director
5 City Clerk
Budget Di rector
�lhat Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale):
The purpose for the revenue bond issue is to finance the conversi:on of the existing
heating system of the buildings listed below to the central energy system for
Downtown St. Paul , commonly referred to as the Distriet Heating System.
Radisson Kellogg - 11 E. Kellogg Blvd. $577,200
Gapp Towers - 77 East 9th Street 180,500
Time Medical Building - 355 Sherman 21 ,300
TOTAL 779,000
Financial , Budgetary and Personnel Impacts Anticipated:
A commitment to District Heating will result in the reduced consumption of energy
in St. Paul and also reduce the cost of energy to each of the property owners
thereby contributing to the profitability of each of the businesses which in
turn will enhance their growth potential in St. Paul .
Funding Source and Fund Activity Number Charged or Credited:
Attachments (List and Number all Attachme.nts) :
1. Staff Memorandum
2. Draft City Council Resolution
3. Port Authority Resolution No. 2124
cc. R. Thor e Man o r S rvices
DEPARTMENT REVIEW CITY ATTORNEY REVIEW
X Yes No Council Resolution Required? Resolution Required? X Yes No
Yes X No Insurance Required? Insurance Sufficient? � Yes No
Yes X No Insurance Attached?
Revision of October, 1982
(See Reverse Side for Instructions)
PORT
AUTHORITY � . � �������
OF THE CITY OF ST. PAUL
. Memorandum
TO: BOARD OF COMMIS I ERS DATE: April 15, 1983
(April 19, 19 egular Meeting)
FROM: 6•A. Maus '
SUBJECT: PUBIIC H RING - PRELIMINARY & UNDERWRITING AGREEMENTS
DISTRICT HEATING CONVERSION COSTS
OFF-SITE
RESOLUTION N0. 2124
On October 26, 1982, the Port Authority Commission approved by Resolution
No. 2068 Preliminary Agreements for approximately 23 businesses in St. Paul
for District Heating conversion. The Radisson Hotel and Time Medical
building were included in that approval and subsequent to that date,
Capp Towers was approved as an amendment to their existing financing.
When preparing the District Heating projects for preliminary approval ,
approximately 45 properties were listed in the appropriate legal notices
to be considered by the Comnission. By the time negotiations were
completed, that list was pared down to 23. Unfortunately, the three
above properties had been omitted from the public notice.
The attached resolution reaffirms the Board's action and proper legal
notice has been posted.
Staff recomnends approval of Resolution No. 2124.
BAM:ca
� � � �������
� T'. J
Resolution No. �?I �-r
RESOLUTION OF
THE PORT AUTHORITY OF THE CITY OF SAINT PAUL
WHEREAS, the purpose of Chapter 474, t�iinnesota
Statutes, known as the Minnesota Municipal Industrial Develop-
ment Act (hereinafter called "Act" ) as found and determined by
the legislature is to nromote the welfare o� the state by the
active attraction and encouragement and development of economi-
cally sound industry and commerce to prevent so far as nossible
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
WHERERS, 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
w'nich will provide an adequate tax base to finance these
increased costs and access to employlnent o�nortunities for suc'n
population; and
47H�R�;AS, Laws of Minnesota 1981, Chapter 334, Section
7, Subdivision 3, specifically permits a municipality to
authorize by ordinance any redevelopment agencies to exercise
any and all of the powers granted to t'ne redevelopment agency
under any law for t'ne purpose of financing all or any portion
"any conversion facilities for modifying the users ' heating or
warming syste;n to use the heat energy converted from the steam
or hot water furnished by [a] district heating system,
including but without limitation, the payment of interest
during construction and for a reasonable time thereafter and
t'ne establishment of reserve for bonds, and for working
capital" ; and Section 8 of said Chapter 334 has expanded the
definition of "project" under ;hapter 474 to include "any
�` � . . ��������
. .-�-
property, real or personal, used or useful in connection with a
district 'ne3ting system, consisting of the use of one or more
energy conservation facilities to produce hot water or stear� to
be used in the homes and businesses, including co-generation
facilities, distribution lines, service facilities and retrofit
facilities for modifying the users ' heating or water systems to
use the heat energy converted from the steam or hot water"; and
WHEREAS, the Housing and Redevelopment Authority of
the City of Saint Paul, Minnesota (the "HRA" ) has entered into
a revenue agreement witlz District Heating Development Company
(the "Company" ) to acquire and construct a district heating
system to provide for the use of hot water to be made available
to various building owners located in the downtown area of the
City of Saint Paul, T�iinnesota, and three building owners more
fully described in the notice of hearing attached hereto as
Exhibit A (the "Building Owners" ) have applied to the Port
Authority of the City of Saint Paul (the "Authority" ) to
finance through the issuance of one or more series of revenue
bon3s (the "Bonds" ) facilities, equipment and improvements for
modifying the Building Owners ' heating or water systems in
their buildings to use the heat energy converted from hot water
to be furnished from the district heating system and for energy
conservation purposes within the building (collective�y the
"Project" ) , all as is more fully described in Staff Report on
file; and
WHEREAS, the Authority desir�s to provide a reliable
� - - and efficient source of energy for building in the downtown
area, to conserve energy and 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
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 assess�d
valuation and debt and enhance the image and reputation of the
City; and
WHEREAS, the Project to be financed 'r�y revenue bonds
will result in substantial emnloyment opportunities in the
Project;
. ����`���
� .
, • ° L;,., i
WHEREAS, the Authority has been advised by repre-
sentatives o£ the Company and Building Owners that
conventional, commercial financing to pay the capital cost of
the Project is available only oz� a limited basis and at such
high costs of borrowing tha�t the �conomic feasibility of
operating the Project would be significantly reduced, but the
Company and Building Owners have also advissd this Authority
that with the aid of revenue bond financing. and its resulting
low borrowing cost, the Project is economically more feasible;
WHEREAS, 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;
WE3EREAS, the Authority, pursuant to i�Iinnesota
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 b�nds; 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 t'neir views
_ with respect to the proposal.
NOti�, TH�.REr�ORE, BE IT �2ESOLVED by the Corrnnissioners
� of the Port Authority of the City of Saint Paul, t�innesota as
follows:
� 1. 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 enter��rises engaged in any
business within the meaning of Subdivision 1 of Section 474.02
of the Act; that the Project furthers the purp�ses stated in
Section 474.01 of the Act, that the availability of the
financing under the Act and willingness of the Authority to
furnish such financing will be a substantial inducement to the
Building Owzzers to undertake the Project, and that the effect
of the Project, if undertaken, will be to provide a reliable
and efficient energy source for buildings in the docmtown area,
to conserve energy, to encourage the development of
economically sound industry anc3 commerce and assist in the
nrevention of the emergence of blighted and marginal land, and
�?�,�►���
. . • � .
will help to prevent chronic uneinployment, and will help the
City to retain and improve its tax base and provide the range
of services and employment opportunities required by its
pooulation, and will help to prevent the movement of talented
and educated �ersons out of the s�-ate and to areas within the
state where t'neir services may not be as effectively used and
will result in more intensive develooment and use of land
within the City and will eventually result in an increase in
the City' s tax base; and that it i.s 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
and the Building Owners as to details of the financing as
provided in the Loan Agreernent hereinafter described, the
Project is hereby approved and authorized and the issuance of
revenue bonds of th� Authority in one or more series in an
amount not to exceed approximately $ (� �, `���other than
such additional revenue bonds as are ne!�to coraplete 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 Cotrunissioners which was presented
to the Commissioners, are incorporated herein by reference and
approved.
3. In accordance with Subdivision 7a of Section
474.01, i�iinnesota 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
Securities, requesting his approval, and other officers,
employees and agen�ts of the AUTHORITY are hereby authorized to
provide the Commissioner with such preliminary information as
he may require.
4. There has heretofore been filed with the
Authority a form of Loan Agreenent between the Authority and
each Building Owner, relating to the proposed construction and
financing of the Project and a form of the Underwriting
Agreement. The form of said Agreements have been examined by
the Commissioners. It is the purpose of said Agreements to
evidence the commitment of t'ne parties and their intentions
with respect to the proposed Project in order that the Company
may proceed without delay with the cor�m►encement of the
acquisition., installation and construction of the Project with
. . . �'����"��
. • L', d.
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 tne issuance of industrial revenue bonds
(including, if deemed appro�riate, 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 ultimat�
details of the Project and its financing. Said Agreements are
hereby approved, and the President and Secretary of the
Aut'nority are hereby authorized and directed to execute said
Agreements.
5. Upon execution of the Loan Agreement by each
Building Owner, the staff of the Authority are authorized and
directed to continue negotiations with the Building Owner so as
to resolve the remaining issues necessary to the adoption by
the Autho�ity of its final bond resolution and the issuance and
delivery of the revenue bonds; provided t'nat 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 Underwriters made by the
Underwriters to nurchase 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 s'nall be subject to apnroval and ratification by
- the Port Authority in a formal suppl�mental 'AOnd resolution to
be adopted prior to the delivery of said revenue bonds.
6. The revenue bonds (including any interim note or
note.$) 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 c'narge against their general
credit or taxing powers and neither the full fait'n 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 :Eorward to the City Council conies
of this resolution and the form of said Loan 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 a.-aount of bonds to be issued to.
finance the Project and in preparing a draft of the provosed
application to the Comanissioner of Securities, State of
Minnesota, for approval of the Project, which has been
available for inspection by the p�blic at the office of the
Authority from and after the publication of notice of the
hearing, are in all respects ratified and confirmed.
Adopted ' / , 1982
�
Attest c
Presid t
The Port thority of the City
of Saint Paul
�
�'ecr�, Secretary
,
. , �C������
. q� �
NOTiCZ
rocsce u ee�ebr���e�h"t3°¢ . PRS1�T'I'ER'S .�iFP'IDAVIT OF PUBLICATION
u��br�CO�f10O"'°t�� 3TATE OF MINNE30TA,
ithorler oi the cic7 ot S�iot Pavl. , COUNTY OF RAM9EY. ss.
�.,a te.oma ot eee i'oet Au�h
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touo..ins: oJ its total circulation currently paid or no more than three montlas {n arrears and has entry as
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3��e� s yl,�,ap 3t. Pau1 in the County oJ Ramsey and it has its known oJ'fics oJ tissue in the City of St. Pau1 {n
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�'�1�..�' MY COn►m�s�ion Exp�►ee Mar. 19. 1989
�' � � " �'��R/
• � AFFIDAVIT OF PUBLICATI FS �'aF,g�' q�j� �
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STATE OF MINNESOTA K6p �F�
AL1 D��:� pKF �
COUNTY OF RAMSEY ��O,.0 E
Geraldine C. Lynch , being
duly sworn on oath, says: that he is, and during
. -•..-,� .Y; ..,�y.. .. all times here�n stated has been, Clerk of the
." -- Northwest Pubiications, Inc., pubiisher of the
� ` =` � - newspaper known as the St. Paul Dispatch, St.
, �"'��- ` ��"''``�"' ' Paul Pioneer Presa St. Paul Sunday Pioneer
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'� -� "� �� ��'�~ Presa, a newapaper of general circulation within
' �''' � '��' '"�y` ' the City of St. Paul and the County of Ramsey.
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��"'°""'°""' That the Notice hereto attached was cut from
POf}Auf110r)1y Of fIM�CJtr Of
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""'"""f°"""s'"'� S'• and ublished therein on the followind dates:
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Subscribed and sworn to before me this
��s'�,,�w. 4� day ��f APril , 1983
�..�:�"or,��..w�..
� �
,� � /'� �' ��
Noc�n• Pubiic
Washington vlinnesota
County, �
My commission expires October 10 19 8 7
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OFFtC� OF TSI� CITY COIINCIL
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,' �"-•e=�•" D a t e : May ]�5, 1983
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COMM (TT � E RE PORT
T4 = Saint Pau 1 City Council
F R O M = C o m m i f t e e O h F�NANCE, MANAGEMENT F� PERSONAL
C M A I R James Scheibel
1. Approval of minutes from meeting held May 5, 1983.
2. Resolution revising the class s ecs for the title of Veh' '�_
� Supervisor. (Personal) � ��� ��^ � �� ��
3. Resoli�tion approving a Memorandum of Agreement between the City of St. Paul
and Carpenters District Council. (Personnel) �4 pproved
4. Resolution establishing new title and class specs for Extension Services
Supervisor. (Personnel) �-pproved, .
S. Resolution establishing .title and class specs for Microcomputer Repairperson.
(Personnel) L�`}l� DUFIe
6. Resolution amending Salary Plan and Rates of Compensation for Dficrocomputer
Repairperson. (Personnel) L� (� Q�f�I�
7. Resolution authorizing an agreement with Ramsey County whereby the City will
furnish health supervision services to indiViduals in their homes as requested
with reimbursement from the County. (Community Services) �}-P��'OVeoI
8. Resolution authorizing an agreement with HUD whereby HUD will grant monies in
the furtherance of a study concerning innovations and public service financing.
(Finance) �}p�roved
9. Resolutian authorizing amendments to the 1983 General Revenue Fund Budget as
outlined on the resolution. (Budget Director's Office) �}.��►�QVe�
Resolution approving the issuance of revenue bonds to finance conversion of
heating systems to the District Heating System. (PED) �-p�{r'Q(f�Q�
11. Resolution approving issuance of tax exempt revenue bonds for acquisition and
remodeling of EAC Industries, Inc. (PED) y�.�p ro v�
CITY l-iALL � SEVENTH FLOOR SAINT PAUL, MINNESOT'A SS102
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