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277911 WHITE - CITY CLERK J PINK - FINANCE COURCII .'I T` ��� CANARY - DEPARTMENT � G I TY O F SA I NT PA U L BLUE - MAYOR File N O. ou cil Resolution Presented By � Referred To Committee: Date Out of Committee By Date WHEREAS: 1 . On December 15, 1981 , the Port Authority of the City of Saint Paul adopted Resolution No. 1948 giving preliminary approval to the issuance of approximately $737,000 in revenue bonds to finance the construction of a 2-story, 65 bed facility built on a 17,037 Sq. Ft. site that would be acquired from the HRA in the Midway for Keith T. Harstad Partnership, sublease to Victory House, Inc. Victory House, Inc. presently runs a chemical dependency treatment facility at 255 North Smith. 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. 1948, 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 Requestgd by Department of: Yeas Nays , Hunt Levine In Favor Maddox � McMahon B snow�ite� _ Against Y Tedesco �+11� JAN 1 ��� Form Ap ed by City Attorney Adopted by Council: Date �_______, -' Certified ss by Council , reta BY � ' �_^�—� � f � B� � ' / L.-� Approved b ;Vlavor: Date �A� 8 19$� Ap ed by Mayor fo Su �mission to Council By - ��(� B � PUBLISHED AN 16 198� J � .A r�+.� '�,V�� ' Resolution No. /9y� RESOLUTION OF TI�E 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 comrnerce 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 deye].opment 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 Keith T. Harstad (hereina.fter referred to as "HaYs±ad" ) a request that the Authority issue its revenue bonds to finance the acquisition, installation and construction by Harstad or a partnership in whicl� Harstad is a partner of a 65 bed facility in the City of St. Paul to be leased to Victory House, Tnc. for its use as a chemical dependency treatmsnt facility (hereinafter collectively called the "Project" ) , all as is more fully described in the staff report on file; and VTHEREAS, the Authority de5ires 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 err.ployment 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 '. � 779 %� 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 Harstad that conventianal, 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 Harstad 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; 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; WHEREAS, the Authority, pursuant to Minnesota Statutes, Section 474.01, Subdivision 7b did publish a nota.ce, a copy of which with proof of publication is on f.ile in t�e office of the Authority, of a public hearing on the proposal of Harstad that the Authority finance the Project hereinbefore described by the issuance of its industrial revenue bonds; and WFiEREAS, the Authority did conduct a public �earing pursuant to said not�ce, at which hearing the recommendations contained in the Authority' s staff inemor�ndum to the Commissioners were reviewed, and all persons who appeared at the hearing were given an oppartunity 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 constitu.tes properties, used or useful in connection with one or more revenue producing enterprises engaged in any business within the meaning of Subdivision lc 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 Harstad 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 . ' a� 7 j;l - will help to prPvent 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 ta 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 af the City of Saint Paul and in £urtherance of the general plan of development to assist . Harstad in financing the Project. 2. Subject to the mutual agreement of the Authority, Harstad and the purchaser of the revenue bonds as to the details of the Iease or other revenue agreement as defined in the Act, and other document5 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 $737,J00 (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 eommissioners, are incorporated herein by reterence 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 Securities, 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. 4. There has heretofore been filed with the Authority a form of Preliminary Agreement between the Authority and Harstad, relating to the proposed construction and financing of the Project and a form of the Undexwriting Agreement. The form af said Agreements have been examined by the Commissioners. Zt is the purpose of said Agreements to evidence the commitment of the parties and their intentions � � `� 7qr� . . wZth respect to the px-oposed Project �in order th'at the Company may proceed without aeiay w�th the commencement of the acquisition, installd�iOn and construction of the Project witn 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 lincluding, 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 Harstad, the staff of the Authority are authorized and directed to continue negotiations with Harstad so as to resolve the remaining issues necessary to the preparation of the lease and other documents necessary to the adoptian by the Authority of its final bond resolution and the issuance and delivery of the revenue bonds; provided that the President (or Vice-Fresident 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 grovisions of Minnesota Statutes, Section 475.06, Subdivision l, 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 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 S�int 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 therean. ' 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 �34, 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 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. f Adopted December 15, 1981 � - Attest ,�,�/_�2j - �-. �;._.__. President � The�`Ror�,-Authora.ty of the City , of Saint Paul .�''� � ���a��%�i2 S tary . , ,: ; � fi ♦ p+� ,�r ��—,�'� ' � � �` � s �+; � OM Ol: ':1 ,t1975 , � ° • ; , . � � Re�.: ��/8/76 . �„ - � EXPLANATION OF ADMI�ISTRATIVF 'ORDEt�; ' �"�'����. � '. RESOLU7IONS� A+iD ORDIN,ANC� Date:: . � , December 15, 1981 ����j�j� ' . t��t� � 1 1�$1 . T0: MAY EORGE LATIMER FR: Eu9e . aut, st. Pau� Port autho�i:ty � M�`YORS+OF�'��� �; K�ITH . HARSTAD PARTNERSHIP (SUBLEASE TO VICTORY HQUSE, INC.) � $737,000 RfVENUE BOMD ISSUE ACTIOPI REQUESTED: . • . In accordance with the Laws of Minnesota, Chapter 234, it �s requested that the City . Council , by Resolution, a draft copy of which is attachedthereto, approve� the issuance of approx:imately $737,QOO in revenue bonds to finance the eon�trac�ion of a 2-story, fi5 bed facility on a 17,037 Sg. Ft, site that would �e acquired from :the �IRA �n the � Midway for Yictory House, Tnc. Victory House, Inc. pres�ritly runs � chemical: depende�cy treatment fac3lity at 255 North Smith. The site at 255 No�t� Smith would be acqui:red � � by United Mospitals an which they _propose to construct their `own Community Health � Genter. The treatment facility is privateiy run and the p��tients pay a monthly fee � for their meals, lvdging and treatment program. - PURPOSE AND RATIONALE FOR THIS ACTION: - The purpose of the bond issue is to permit Keith T. I+arstad to farm a partnership and s�blease the proposed 2-s�ory,' 65 bed facility to Vict�ry House, Inc. The patients` manies come fran general welfare checks or pensipns, either soc�al seeuraty or pr�ivate. The majority of the patients are in tfie -40-60 aqe h�acket. � Ramsey County has indicated a strong demand for this type �f facility .and ,su:ppc�rts construction of �h+e:�project at its proposed Midway site. Approximately 4 "new jobs would be created as a r�sult af this project. : . - �: ; , : . : ;. ATTACttMENTS: . _ Staff Me�rrorandum'' : . Draft City Council Resol.ution _ Port Authori ty Resol utiQrt ,No. 1948` : �,� : _ cc: R. Thorpe, Manpar�r 5ervices � - �- . �,..- - .. = . _ . � .. . . . :.:� .� .:.'A.. . �... . �_�:'. , i ..�.� . L. �_�, . . :,. . ,.,. ':'. . . .. , ._..l .:�.' t .. . .... , _ . _ .. �' �� - � .�;..- . . :� ,.. �-.�_ - ... . - ._ . � . .a. �..� : . _. . . . .... . . . .� . . . . .. . . . ��. . ,. . . .:.� . : ..,. . .. . .. ' .. ..;.. .� - . � N- ' ._,-r�` . T FY� �+� M "a.3 C�)1'rr �.��.- "^�F�i"�� ' . '�I. . � .. ♦.. .. . «„> . � .� � ' �' " r.�' ��� ' � �y : ........u� .�. � .. ,.. � :�,'� . .. � O R � �� �''��.� AUTHORITY OF THE CITY OF ST. PAUL � Memorandur�t TO: BOARD OF CO"hS:SSIONERS DATE: December 11 , 1981 (Meeting Decerber 15, 1981 ) FROM: Donald G. Dunshee SUBJECT: PUBLIC HEAR:NG - PRELIMINARY AND UNDERWRITING AGREEMENT �737,000 RE1'EP�UE BOND ISSUE KEITH T. HAP,S-AD PARTNERSHIP SUBLEASE TO VICTORY HOUSE, INC. RESOLUTION !;0. 1948 PUBLIC SALE HEAP,I�:G - SALE OF LAND KEITH T. HAFS-AD PARTNERSHIP SUBLEASE TO VICTORY HOUSE, INC. RESOLUTION i;0. 1950 l . COMPANY Victory �ouse, Inc. presently runs a chemical dependency treatment facility at 255 North Smith. They have operated the program for nine years. The existing facility has thirty-seven beds of which ten are �or Section 8 use. The treatment facility is privately run and rece�ves patients referred to it from Ramsey County, the City of Minr.e�pelis as well as United, Bethesda, St. Joseph' s and St. Paul Ramsey Hospitals. The patients pay a monthly fee for their meals, lcdcing and treatment program. Their monies come from general a:elfare checks or pensions, either social security or private. �he majority of the patients are in the 40-60 age bracket. Ramsey Ccunty has indicated a strong demand for this type of facility and supacrts construction of the project at its proposed Midway site. 2. PROJECT Keith �. Narstad who is one of the partners involved in the 333-On-Sibley project t-:as agreed to form a partnership and sublease the facility to Victory F-ouse, Inc. The proposed 2-story, 65 bed facility will contain sleepirg, dining and family rooms. The project would be built on a 17,037 Sc. Ft. site that would be acquired from the HRA. The present Victory House, Inc. site at 255 North Smith will be acquired by Unitec 1=ospitals on which they propose to construct their own Corr�nunity Health Center which would be constructed next year. The Hospital vrill not be requesting that industrial development revenue bonds be used to finance the project. - � �� ���i1 BOARD OF COMMISSIONERS . (Neeting December 15,) 1981 UICTORY HOUSE, INC. Page Z 3. FINF�'VCING The proposed financir.g would be done as an 876 industrial development revenue bond issue with a 30 year term. Proceeds from the bond issue �rould be as follows: Land 5 25,000 Building j27,000 Bond Issue ExFense 15,000 Capitalized Irterest 43,000 Debt Service r�serve 100,000 Discount 22,000 Total Bond Issue 5737,000 In addition to tFe �onthly rent the Company will pay the customary fiscal and administrative fee based on the formula of .425: per million per year for the first 10 years, . 54% per million per year for the second 10 years and . 66% per miliicn per year for the third 10 years of the lease. The interest earr.irgs on the sinking fund and deb� service reserve would inure to the benef;t of the Port Authority. 4. UNDERWRITING Miller and Schroeder '�lunicipals has agreed to under►•rrite the bond issue with the interest rate to be set at the time the �onds are sold. 5. TERMS OF THE LEASE The lease would be far a term of 30 years and the Company would have an option to purchase the property at the end of the lOth, 20th and 30th years for 10`� of t're original bond issue cost plus retirement of any out- standing bonds. Tre bend issue would be personally guaranteed by Mr. Harstad. 6. RECOMMENDATIOt� Staff has reviewed tP,e project, interviewed Mr. Keith.T. Harstad and Mr. Lyle Tollefson, Director of Victory House and recorrr•nends approval of Resolutions No. 1��8 and 1950. sjs:24a