Loading...
281036 WHITE - C�TV CLERK ����� PINK - FINANCE � * CANARY - DEPARTMENT GITY OF SAINT PAUL COUflCll BLUE - MAVOR File NO. � . � uncil Resolution � . Presented By c�Referred To �� �����C Committee: Date � �— ��� Out of Committee By Date WHEREAS: 1 . On September 20, 1983, the Port Authority adopted Resolution No.2195 giving preliminary approval to the issuance of industrial development revenue bonds in the amount of approximately $770,000 for Ted A. Davies Sublease to Sales Marketing, Inc. to finance the construction of a new 17,900 Sq. Ft. office and distribution center located in Riverview Industrial Park. The building would be located on the West Lafayette Freeway Frontage Road South of Fillmore Avenue. The bonds will be publicly sold with the lead underwriter being 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 Pau1 , sMall 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.2195, 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. COUIVCILMEN Requested b e�artment of: Y ea s N a ys --y��=�,\ Fletcher � 3� Ga°� [n Favor Masanz Nicosia ' / schetbei v _ Against BY " - Tedesco 1AFi1Mw- OCT 1 8 1983 Form Approved by Ci�rney Adopted by Council: Date � Certified a• ed by Council Se ry B A Br b Nlavor: Da OCT�83 Ap r ed y Mayor for Su sio o Council P Y — By _ �usc�s�Fa �C� � 9 1983 O R T . ' 2�1 C��6 � AUTHORITY OF THE CITY OF ST. PAUL Memorandum TO: BOARD OF COMMISSIONERS DATE: September 15, 1983 (Meeting September 20, 1983) � FROM: Donald G. Dunshee SUBJECT: . PUBLIC HEARING - PRELIMINARY AND UNDERWRITING AGREEMENTS TED A. DAVIES SUBLEASE TO SALES MARKETING INC. $770,000 REVENUE BOND ISSUE RESOLUTION N0. 2195 PUBLIC SALE HEARING - SALE OF LAND - TED A. DAVIES SUBLEASE TO SALES MARKETING, INC. RESOLUTION N0. 2196 1 . Company Sales Marketing, Inc. was started on October 2, 1968, in St. Paul as a sales promotion and premium marketing company. The Firm outgrew its original location in St. Paul and purchased its present building at 3329 University Avenue SE in Minneapolis. The Firm is involved in sales promotion, developing premium programs for banks and savings and loan institutions and providing a general premium business for all types of companies. . 2. The Project The Company proposes to construct a 17,900 Sq. Ft. office and storage facility in Riverview Industrial Park on an 82,692 Sq. Ft. site. The building would contain 8,500 Sq. Ft. of office space and 9,400 Sq. Ft. of storage area. 3. Financing The proposed financing would be done as an 876 industrial development revenue bond issue with a 30 year term. Proceeds from the bond issue would be as follows: Construction $601 ,737.00 Bond Issue Expense 18,288.00 Capitalized Interest (6 Months) 39,463.00 Debt Service Reserve 87,412.00 Discount 23,100.00 $770,000.00 .� . . - 2�1(�36 BOARD OF COMMISSIONERS SEPTEMBER 20, 1983 MEETING SALES MARKETING, INC. PAGE 2 The Port Authority would receive earnings on the debt service reserve and sinking funds as well as the customary fiscal and administrative fees based on the formula of $350 per month for the first ten years, $450 per month for the second ten years and $550 per month for the last ten years. 4. Underwriting Miller & Schroeder Municipals have agreed to underwrite the bonds with the interest rate to be set at the time the bonds are so1d. We anticipate selling the bonds in October and closing by November l , 1983. 5. Term of the Lease The lease would be for a term of thirty years with the corporation having an option to purchase the building at the end of the 30th year for 10% of the original bond issue cost or at the end of the lOth and 20th years for 10% of the original bond issue cost plus retirement of any outstanding bonds. The land would be leased based on a rate of $1 .65 per Sq. Ft. at �an interest rate of 10% over the term. The monthly land rent would be $1 ,225.66. We originally had been asking $2.25 per Sq. Ft. for the land, however, due to the additional cost for piling of $94,737, the land price has been adjusted by $49,725 to help offset that expense. The option to purchase the land would be as followss lOth Year $159,534.37 20th Year $113,953.12 30th Year $ 68,371 .88 6. Recorr�nendati on The lease would be directly to Ted A. Davies the President and Owner of the Company with a sublease to the Corporation for the term of the bond issue. fdr. Davies would personally guarantee the bonds. Staff recommends approval of Resolutions 2195 and 2196. sj s3b , . 2����� Resolution No. ���%` `� RESOLUTION OF THE PORT AUTHORZTY OF THE CITY OF SAINT PAUL WHEREAS, the purpose of Chapter 474, �Iinnesota . Statutes, known as the �Sinnesota 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 svund industry and commerce to prevent so f3r as possible the emeryence of blighted and marginal lands and areas of chronic unemployment and to aid in the develooment of existing areas of blight, marginal land and persistent une�nployment� and �dHEREAS, factors necessitating the active promotion and development of economically sound industry and commerce are the increasing concentration of pooulation in the metropolit�n areas and the rapidly rising increase in the amount and cost of governmental. services requir�d to meet the needs of the increased population and the nesd for development of land use which will provide an adequate tax base to finance these increased costs and access to employment opoortunities for such population; and i+VHEREAS, The Port Authority ot the �ity of Saint Paul (the "Authority") has received from the Sales 'rtarketing, Inc. , a Minnesota cornoration (hereinafter referred to as "Company" ) a request that the Authority issuz its revenue bonds to finance tne acquisition, installation and construction of facilities for office space and a storage area (hereinafter collectively called the "Project" ) in the Riverview Industrial Park in the City of St. Paul, all as is more fully described in the staff report on file; and WHEREP,S, the Authority desires to facilitate the selective development of the community, to retain and i.mprove its tax base and to help it provide the range of services an3 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 assessed valuation and debt and enhance the image and reputation of the City; and . ��1��s WHEREAS, the Project to be financed 'Qy revenue bonds will result in su�astantial employment opaoortunities in the Project; �VHEREAS, the Authority has been advised 'oy 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, but the Company has also advised this : Authority that with the aid of revenue bond financing, and its resulting low borrowing cost, the Project is economically more feasible; tVFiEREAS, Miller & Schroeder �Iunicipals, Inc. (the "Jnderwriter") has made a proposal in an agreement (the "Underwriting Agreement" ) relating to the purchase of tiie revenue bonds to be issueci to finance the Project; +Vf�REAS, the Authority, pursuant to Minnesota Statutes, Section 474.01, Subdivision 7b did publish a notice, a copy of which with proof of publicativn is on file in the office of the Authority, of a public hearing on the pro�osai of the Company that the Authority finance the Project hereinbe.fore described by the issuance of its industrial revenue bonds; and � '�REAS, the Authority did conduct a public hearing pursuant to said notice, at which hearing th� recommendations containec3 in the Authority' s staff inemorandum to t'ne Commissioners were reviewed, and all persons who appeared at the hearing were given an opportunity to express their views witii respect to the proyc�osal. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the Port Authority of the City of Saint Paul, Minnesota as follows: 1. On the basis of infonnation available to the Authority it appears, and the Authority hereby finds, that said Project constitutes properties, used or useful in connection with one or mor� revenue producing enterprises engaged in any business within the meaning of Subdivision 1 of Section 474.02 of the Act; that the Project furthers the purposes 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 Company to 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 �s1 Q3s _ will help to prevent chronic unemployment, and will hel� the City to retain and improve its tax base and ��rovide the range of services and employment opportunities required 'fly its population, and wiZl help to prevent the movement of talented . and educated persocls 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 dev8lopment 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 t'ne 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 agreeinent 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 in an amount not to exceed apnroximately $770,000.00 (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 incorvorated herein by reference and approved. 3. In accordance with Subdivision 7a of Section 474.01, Minnesota Statutes, the Executiv� Vice-President of the AUTHORITY is hereby authorized and dirzcted to submit the �roposal for the above descri'oed Project to the Cominissioner of Securities, requesting his approval, and other officers, employees and agents of the AUTKORITY are hereby authorized to provide the Coramissioner with such preliminary information as he may require. 4. There has heretofore been filed with the Authority a form of Preliminaxy Agreement between the Authority and Company, 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 Comrni.ssioners. It is the purpose of said Agreements to evidence the commitment of the �arties and their intentions with resnect to the proposed Project in order that the Company 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 , h � . � 281036 . prc�vide temporary financing thereof) to finance t'ne entir� cost of the Project upon agreement being reached as to the ultim3te details of the Project and its financing. Said Agre�ents are hereby approved, and the President and Secretary of t'ne Authority are hereby authorized and directed to execute said Agreements. 5. Upon execu�tion of the Preliminary Agreement by the Company, the staff of the Authority are 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 th� Authority of its final 'oond resolution and the issuance and delivery of the revenue bonds; provided that the President (or Vice-Pres.ident if the Pr�sident 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 ansent, 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 purchase said bonds and to execute an underwriting agreement setting forth such offer on behalf of the Authority. Such acceotance shall bind the Underwrit�rs 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 'flonds. 6. 'I'he revenue bonds (i.ncluding any interim note or notes) and interes�t thereon shall not constitute an indebtedness ot the Authority or the City of Saint Paui within the meaning of any constitutional or statutory Iimitation and 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 neitk�er 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 t�iinnesota. 1976, Chapter 234, to the issuance of tne revenue 'AOnds (including any interim note or notes) herein contemplated and any additional bonds which the Authority may prior to issuance or from time to time thereaftex deem necessary to complete the Project or to refund such revenue bon3s; and for such purpose the Executive Vice President of the Authority is hereby authorized and 3irected to forward to the City Council copies of this resolution and said Preliminary Agreement and any additional available information the City Council may request. � ���� . , 2s�.��� � 8. The actions of the Executive Vice-Przsident of the Authority in causiny gublic notice of the public 'nearing and in describing the general nature of the Project and estimating the principal arnount of bonds to be issued to finance the Project and in preparing a draft of the proposed application to the Commissioner of Securities, 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 September 20, 1983 � ' ' � `� � . Attest � �G--� � Presil� The Port-�Authority of tile City / of Saint Paul Z .ti liG� `Secretary ' � ���.��s St. Paul Port Authori ty DEPARTI•1ENT Donald G. Dunshee or ONTACT �qe��e$ . Craut PHONE Se tember 20 1983 DATE r ��� � � p � (Routing and Explanation Sheet) Assi n Number for Routin Order Cli All Locations for M oral Si nature : Department Director City Attorney Ma�yor � 4 Finance and Management Servi es Director F^�-'"� 5 City Clerk S�F�' 2 6 �1g83 Budget Director , , 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 new 97,900 Sq. Ft. office and distribution center in Riverview Industrial Park for Ted A. Davies Sublease to Sales Marketing, Inc. The lease would be for a term of thi.rty years with the Corporation having an option to purchase the building at the end of the lOth, 20th and 30th years. The construction of the new building would be financed by an industrial development revenue bond issue in the amount of $770,000. Sales Marketing, Inc. currently employes 33 people and this would be increased to 43 peopl.e upon completion of the new facility. Financial , Budgetary and Personnel Impacts Anticipated: � RECEIVED Funding Source and Fund Activity Number Charged or Credited: S E P 2 3 1� CITY ATTORN,EY Attachments (List and Number all Attachments) : Staff Memorandum Draft City Council Resolution Port Authority Resolution No. 2195 UEPARTMENT REVIEW CITY ATTORNEY REVIEW X Yes No Council Resolution Required? Resolution Required? X Yes No Yes X No Insurance Required? Insurance Sufficient? X Yes _ No Yes X No Insurance Attached? Revision of October, 1982 (�ee Reverse Side for Instructions) � .�' �� �9 2�1�36 Agenda / Finance, Management � Personnel Committee � October 13, 1983 Page 3 24. Resolution for issuance of revenue bonds in the amount of $770,000 for Ted A. Davies Sublease to Sales Marketing, Inc. to finance construction of a new office and distribution center in Riverview Industrial Parl. ���o 25. Resolution establishin� a commission to study the role and compensation of Council members and the Legislative Aides as well as the staffing of Council offices and Council Research Center,!'�� ��1�������� �fP�./ ������ �_ / _--� � __ - - - � ,