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278537 WHITE - CITY CLiRK � -1;��_ PtNK - FIMANCt COUOCII 1 CANARY - Dt�ARTMENT � G I T Y O F S A I lY T PA LT L - � - �� � � BLUE - MAYOR File N O. � — • uncil Resolution - Presented By Referred To Committee: Date Out of Committee By Date WHEREAS: 1 . On March 5, 1981 , the Port Authority Commission adopted Resolution No. 1788 giving preliminary approval to the issuance of revenue bonds in the amount of $1 ,450,000 to finance the acquisition of a site for FastGrow Incorporated by William C. Norris on South Wabasha previously owned by Kaplan Paper Box Company for construction of a new industrial facility. On June 16, 1981 , by Resolution No. 1847, the Port Authority Commission approved a $200,000 Tax Exempt Mortgage to finance additional piling and structural floor and utility extension costs. On March 16, 1982, the Port Authority Commission adopted Resolution No. 1992 giving preliminary approval to the issuance of bonds in the amount of approximately �950,000 to finance the acquisition and remodeling of the existing Minnesota Envelope facilii:y o�� South Wabasha containing 45,000 Sq. Ft. situated on a site containing 40,000 Sq. Ft. for the FastGrow Incorporated expansion. 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. 1992 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. COU[VCILMEN Yeas Nays Requestgd by Depar, nt of: Hunt Levine In Favor Maddox _/ McMahon (�� B snowaite� - __ Against Y Tedesco Wilson APR 6 1982 Form Approved by City Attorney Adopted by Council: Date — .-►�. Certified Pa ; b Council ret By� —�— � � gy, ��� �"'�� �� Ap by :Vlayor. D APR 8 1982 Ap roved by Mayor fo b 'is'�sio to Council B _ s PUBL{SHE`D APR 17 198�. � :_. .r•. - ,5�=��. G�I'�'�SC �}�+ fJ�tS.�.�r� �.�.�T... �..,.. . ��'��7' . �,,���;��;''_. o�FxeL o-_ ��r•. c�-rx ca��c=x. ., 'r j��;,.;... �r��;�. ' • 1•�'• , :�: .,,� �,� ti~•lti "�;• �s:::� �� ;-��: '��; . � - .Da�te . April 1, 1982 . t . ..,-- : .+r��:',+ :� � � i'-d� �i'f � I �� c � � �' �3 � � . . --. _- .. 7- p : �ain� Pau� �Gi�� Cou�3��� � . � �`� � . ��Q� � C O i i'�i�i i'�7�� t�f'I F I NANCE, MANAGEMI:IVT AND.PERSONNEL . . . - - - George Mci�Ta�ion:. ��' ; et�oifman, tnokes fhe fallo�.^ting . . � reporT un �G.F: � . . a Ordinc►e�ce . - - � . . • . �. (6� � Res�lu�ior� � , - _ . . � : . . . . . � O.h�t' . .- . �'t�'L� : . . : - , . At its meeting of April.l, 1982, the Finance Conmrittee recomanended approval of . .:_....... _th�-._following: . . : . .. .. .� � 1. Resolution approving� issuance of revenue bonds by Port� Authority'£or approximately � - $950,000 to finance acc{uisition and remodeling of existing Minnesota Envelope . - � � facility for FastGrow -Incorporated expansion. (12824-GN� . . ._ . . . . 2. Resolution approvimg 'cQllate.ral pledged by Stm�nit Bank, St. �Paul, to pirotect � _ . . city funds heId .in_s.aid �bank. j12812-Q�I) . . . : . . . . - - 3. ResAlution approving coilateral pledged by..First �rand�Avenue State Bank,� St. ,Paul, : � to protect city� funds' held in said bank. � (12813-t� : _ - _ - . 4. Resolutiort approving-b�dge�t transfer to provide portion of city's contribution._ � for implementation costs of E911 System. (12814-Q�I) - : � . � . . � . 5. Resolution approving a�reement bettiveen City, Schbol District and Randolph . � ' ��;:.Heights School PTA for purchase and installation of playgrotmd equipment at ' �� � Randolph.Heights School. •(12825-C��) ' . - - � ' 6. Resolution authorizing city �to pay $7,000 to General Security-Services ' . " Corporation in full settlement of their contract action against city. (12826-Q�t) !'ITl' iL1LL SEYE;tiTH Fl.�OR S.�I\T Y�:�Z, +�Ii;:�ES'�T1 5�1�= . f , . � . �, /�'r �i�C. �gd— 5/ _ . � � � OM Oi : " 1-�%1�7 �: . Rev. : 9/�/r'� � • , . , . . , ' ' EXPLANA'f I0N OF Af1t�9INISTRATIVE QRDfRS, ���",�� ,_ , ; � RESOLUTION�, AND ORDINANCE5 � � � � - RE�EII��D; ��;�;��.�. ; ' � MAR 19198'L �te; March 16, �9s2 CITY AT�ORNEY . ,,- � T0: MAYOR EO GE Li4TIMER FR: Eu9ene ��C�IVED . ` ��� FASTGRDW iNCORPORATED MAR � � �jy�, .�6q5t�,��$85s;9@� REVENUE BOND ISSUE (876) ' LEASE AMENDMENT MAYORS OFFiCE � RIVERVIEW INDUSTRIAL AREA WEST . . ACTItNV REQUESTED: • � In accordance with the Laws of NFinnesota, Chapter 234, it is requested that the City Council , by Resolution, a draft copy of which is a�ttached hereto, approve - the issuance of a revenue bond issue in the amount of approximately .�,0U0' to finance the acquisition and remodeling of the existing Minnesota Envelope • facility on South V�abasha containing 45,000 Sq. Ft. situated on a site containi�g 40,000 Sq. ft. for the FastGrow Incorporated Expansion. PURPOSE AND RAtIONALE FOR THIS ACTION: � The purpose of the revenue bond issue is to finance the acquisition and remodelinc� of the existing Minnesota Enuelope facility for FastGrow's hydroponies raising of lettuce, tomatoes and other vegetables plus tr�e seedlings. Approximat�ly 18 new jobs will be created as a result of this project. . , ATTAGHhtE�1TS• Staff Memarandum Draft City Cor�nc�1 Resolution Port Authority Resolution No. 1992 � . , � � �� z � ORT .� � AUTHORITY . E����� 's OF THE CITY OF ST. PAUL Memorandum TO: BOARD OF COMMISSIONERS DAT� March 12, 1982 (Meeting March 16, 1982) FROM: Donald G. Dunshee SUBJECT: PUBLIC HEARING - PRELIMINARY AND UNDERWRITING AGREE��IENT FASTGROW INCORPORATED - �950,000 REVENUE BOND ISSUE (876) RIVERVIEW INDUSTRIAL AREA WEST - LEASE AMENDMENT RESOLUTION N0. 1992 PUBLIC SALE HEARING - SALE OF LAND - FASTGROW INCORPORATED RESOLUTION N0. 1993 1 . Compan FastGrow Incorporated is a Firm that was formed in 1980 to operate a hydroponics growing laboratory. The Port Authority Cor�nission on March 5, 1981 , approved by Resolution No. 1788 the issuance of $1 ,450,000 in industrial development revenue bonds to acquire land and finance the construction of a manufacturing facility on a site in Riverview Industrial Area West. On June 16, 1981 the Commission approved a tax exempt mortgage for FastGrow Incorporated in the amount of $200,000 to finance additional structural floor costs and utility extension costs for the building that was completed last month. The two major principals in the company are William C. Norris, Chairman of the Board and Chief Executive Officer of Control Data Corporation and Roger A. Norris, President of FastGrow Incorporated. 2. Project The company proposes to acquire the former Minnesota Envelope building on South Wabasha which contains 45,936 Sq. Ft. on four floors and is situated on a site containing 40,000 Sq. Ft. The new building is ad3acent to the original FastGrow structure and will permit the company additional space for production, genetic research and development, offices and a retail store. At the present time FastGrow employs fifteen people and they project the expansion would permit them to increase employment by eighteen. 3. Financing The proposed financing of the project would be done under Resolution No. 876. Proceeds from the bond issue would be as follows: � - � ������ � - ,,�� BOARD OF COMMISSIONERS March 16, .1982 FastGrow Incorporated Page 2 Acquisition of Existing Building $665,000.00 Remodeling Cost 172,375.00 Bond Issue Expense 20,000.00 Debt Service Reserve Escrowed* Capitalized Interest - 6 Months 64,125.00 Discount 23,500.�0 $950,000.00 *The company has agreed to fund the debt service reserve at bond closing in the amount of approximately $139,320. In addition to the monthly rent the company will pay a fiscal and administrative fee as follows: First 10 Years $350 per month per million issued Second 10 Years $450 per month per million issued In view of the fact FastGrow Incorporated is a new corporation, William C. Norris and Roger A. Norris have agreed to personally guarantee the bonds plus provide the cash debt service reserve. 4. UNDERWRITING Miller and Schroeder Municipals has agreed to underwrite the bond issue for a term of 19 years co�nencing May 1 , 1982. The interest rate for the bonds will be set 10 days prior to closing. 5. TERMS OF THE LEASE The proposed lease is for a term of 19 years which will coincide with the original issue. The company would have an option to purchase the land and building for 10% of the bond issue cost. 6. RECOMMENDATION Staff has reviewed the project in detail , interviewed officers of the corporation and recommends aPproval of Resolutions No. 1992 and 1993 authorizing the issuance of $950,000 in industrial development revenue bonds. sjs49a . . � _ ._ .. i • ' . h� . � �'853'7 . � . Reso�ution No. /99Y ` . RESOLUTION OF THE PORT AUTHORITY OF THE CITY OF SAINT PAUL WHEREAS, the purpose of C'hapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial Develop- ment Act (hereinafter called "Act") as found and determined by the legislature is to prornote 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 fro,-n Fastgrow, Inc. , a Minnesota corporation (hereinafter referred to as ."Company") a request that the Authority issue its revenue bonds to finance the acquisition, installation and construction of facilities for the expansion of the hydroponic growing laboratory previously financed through the issuance of the Authority' s Industrial Development Revenue Bonds, Series 1981-C in the amount of $1,450,000 and its Commercial Development Revenue Note of 1981 in the amount of $200,000 (which expansion is hereinafter collectively called the "Project" ) in the City of St. Paul, all � as is more fully described in the staff report on file; and - WHEREAS, the Authority is currently leasing the hydroponics growing laboratory, which is to be expanded, to the Company pursuant to the terins of a lease agreernent (the "Lease") dated as of February 1, 1981; and . ' ' . ���'L1 �,. .� WHEREAS, the Authority desires to facilitate the selective develogment 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 assessed valuation and debt and enhance the image and reoutation of the City; and WHEREAS, the Project to be financed by revenue bonds will result in substantial employment opportunities in the Project; � 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 linited 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 Iow 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 finanee 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 inemorandurn 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: 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 witYi one or more revenue producing enterprises engaged in any .'�� � - - 2'��53`7 •y _ ' 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 eriergence 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 tY►at 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 agree.'nent of the Authority, the Company and the purchaser of the revenue bonds as to the details of the Amendment to the Lease or other revenue agreement as defined in the Act, and other docurnents 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 approximately $865,000 (other than such additional revenue bonds as are needed to complete the Project) is authorized to finance the costs of the Project and the recom�ciendations 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, as amended, the Executive Vice-President of the AUTHORITY is hereby authorized and directed to submit the proposal for the above described Project to the Director of the Minnesota Department of Planning, Energy and Economic Development, requesting his approval, and other _ officers, employees and agents of the AUTAORITY are hereby authorized to provide the Director with such preliminary . information as he may require. 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 . . _ " . . .. . � "K��7��3'7 financing of the Project and a form of the Underwriting Agreement. The foria of said Agreements have been examined by the Commissioners. It is the purpose of said Agreernents to evidence the commitment of the parties and their intentions with respect to the proposed Project in order that the Conpany may proceed without delay with the commencement of the acquisition, installation and construction of the Prolect 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 interira 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 authori�zed and directed to execute said Agreements. 5. Upon execution of the Preliminaiy 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 Amendment to Lease and other doctunents necessary to the adontion 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 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 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 resoiution 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 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. � . <<' � _ . � �?: � , �3'7 . . � 7. In order to facilitate completion of the revenue bond financing herein conte:mplated, 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 conte��plated and any additional bonds which the Authority may prior to issuance or from time to time thereafter dee.'n 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 Co�ncil copies of this resolution and said Prelirninary 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 tYie 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 provosed 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 March 16, 19 82 � � � Attest � �u�. Pres The Port uthority of the City of Sain Paul � ' GCGb�. .Secretary f f