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277730 - - - WNITE - CITY CLERK ��¢���n I PINK - FINANCE / V CANARY - DEPARTMENT COUIICII �� BLUE - MAYOR G I�TY OF SA I NT PALT L File NO. � uncil Resolution Presented By Referred To Committee: Date I Out of Committee By Date WHEREAS: i 1 . On November 3, 1981 , the Port Authority of the City of Saint Paul adopted � Resolution No. 1921 giving preliminary approval to the issuance of approximately $10,000,0 0 in commercial revenue bonds to finance the construction of six floors of condominium offic space in the St. Paul Hotel Parking Ramp project by the developer, Gene Rancone of Yorktow Investment Company, Inc. This space would all be for rent at the outset. 2. Laws of Minnesota 1976, Chapter 234, prouides that any issue of revenue bonds authorized by the Port Authority of the Gity of Saint Paul , shall be issued on1y with the �' consent of the City Council of the City of Saint Paul , by resolution adopted in' accordancel 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 issuan�e 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 Ci�ty Council of the City of Saint Pau1, that in accordance with Laws'. of Minnesota 7976, Chapter 234, the City Council -hereby consents to the issuance of the ' aforesaid revenue bonds for the purposes described in the aforesaid Port Authority Resolut�on No. 1921 the exact de�ails of which, including, but not 1imited.to, provisions relating to maturities, in�erest rates, discount, redemption, and for the issuance of additional , bonds are to be determined by the Port Authority, pursuant to reso7ution adopted by the Port Authority, and the City Council hereby authorizes the issuance of any additional bond� (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. I I I�� COUNC[LMEN � Yeas Nays Requestgd by Department of: Hunt ' Levine [n Favot , Maddox � McMahon B showa�ter A gai n s t Y �sde�co �Ison HOV 2 4 19�1 Form Approv b i ' Adopted by Council: Date — � Certified Y-s-e y Counci ec BY , By c I Ap v d by :Vlayor. V 2 � »g� Approve Mayor for Su mi si to Council I By PUBUSHED D E C 5198� j .Y i 4 :X . � �������j Resolution No. 1921 ! . i i . RESOLUTION OF ,� THE PORT AUTHORITY OF THE CITY Or' SAINT PAUL I • �I � WHEREAS, the purpose of Chapter 474, Minnesota . Statutes, known as the Minnesota Municipal Indust�ial 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 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, through the cooperative efforts of the Port Authority, the City of Saint Paul (tY►e "City") and the federal government (specifically including funds made available to the City under an Urban Development Action Grant) the existing Saint Paul Hotel has been acquired and is being renovated by the Saint Paul Hotel Limited� Partnership (the "Hotel Project") and a parking ramp is being constructed on land adjacent to the Hotel by the Saint Paul Parking Ramp Limited Partnership (the � "Ramp Project") ; and WHEREAS, at the time of the negotiation for financing of the Hotel Project and Ramp Project the development of an office tower in the air rights above the Ramp Project was � contemplated; and WHEREAS, by Resolution 19Ub, adopted on October 6, 1981, the Port Authority gave preliminary approval to the issuance of approximately $20,000, 000 in its industrial development revenue bonds to finance the development of a condominium office tower in the air rights above the Ramp Project; and • i . . � p�r����..�'�+ WHEREAS, The Port Authority of the City of Saint Paul (the "Authority") has received from Yorktown Investment Company, Inc. (hereinafter referred to as "Company" ) a request ' that the Authority issue its revenue bonds to finance the acquisition, installation and construction of a six floor office facility (hereinafter called the "Office Project") above the Ramp Project in the City of St. Paul, all as is more fully described in the staff report on file; and ' WHEREAS, the Authority desires 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 Office Project will assist the City in achieving that objective. Said Office 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 WHEREAS, the Office" Project to be financed by revenue bonds will result in substantial employment opportunities in • the Office Project; WHEREAS, the Authority has been advised by repre- sentatives of the Company that conventional, coirunercial financing to pay the capital cost of the Office Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the Office 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; � 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; � WfiEREAS, the Authority did conduct a public hearing, 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 their views with respect to the proposal. �TOW, THEREFORE, BE IT RE50LVED by the Commissioners of the Port Authority of the City of Saint Paul, I�Iinnesota as follows: '� , .« f � r����r���.J 1. On the basis of information available to the Authority it appears, and the Authority hereby finds, that said � Office 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 Office 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 Office Project, if undertaken, will be to encourage the developnent of economically sound industry and . commerce 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 i.mprove 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 � 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 the Company in financing the Project. 2. Subject to (a) 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 agreement as defined in the Act, and other documents necessary to evidence and effect the financing of the Office Project and the issuance of the revenue bonds and (b) the compliance with all provisions of the Act relating to revenue bond financing, the Office Project is hereby approved and authorized and the issuance of revenue bonds of the Authority in an amount not to exceed approximately $10,000, 000 is� authorized to finance the costs of the Office 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. There has heretofore been filed with the Authority a form of Preliminary Agreement between the Authority and Company, relating to the proposed construction and financing of the Office Project and a fonn of the Underwriting Agreement. The form of said Agreements have been exar.►ined by „�. . . ' - , , , �`�'.7��,�� . the Commissioners. It is the purpose of said Agreements to evidence the commitment of the parties and their intentions with respect to the proposed Office Project in order that the � Company may proceed without delay with the commencement of the acquisition, installation and construction of the �ffice Project with the assurance that there has been sufficient "official action” under Section lU3 (b) of the Internal Revenue Code of 1954, as amended, to allow 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 Office Project upon agreement being reached as to the ulti.mate details of the Office 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. 4. Upon execution 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 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) i 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 resolution to be adopted prior to the delivery of said revenue bonds. � 5. 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. I •t � r , � . . , � !1 U ���� 6. 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 'n contem lated and an im note or notes herei Y � any inter ) P additional bonds which the Authority may prior to issuance or from time to time thereafter deem necessary to complete the Office 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. ' 7 . The Executive Vice-President of the Authority is hereby authorized to cause public notice of the public hearing to be published describing the general nature of the Office Project and estimating the principal amount of bonds to be issued to finance the Office Project and to prepare a draft of the proposed application to the Commissioner of Securities, State of Minnesota., for approval of the Office Project. Adopted November 3, 1981 � _ � . . Z�"� _ Attest Pr The Port Authority of the City of Sain Paul � , ��• ecretary • I� I i x /�i /� �' �°�- �'¢ � -0210 ` � ' - , . • . OM Ol : i 2/i 97�5 ' . Rev. : 9/8/7�G+I I � � � EXPLaNATION OF ADMINISTRATIVE ORDERS, RESOLUTIONS, ANQ ORDINANCES - . . � RECEI�/E - • NOV$ 19tl1 Date• Hovember 3, 1981 . III�YORS OFFIC 70: MA 0 GEOR6E LATIMER � - �R• . E. , St. Paul Port Authority - �� YORKTOWN INVESTMENT COMPANY, ING.., �PRINCIPAL OWI�ER GENE RANCONE) $10,000,000 CONFIERCIAL REYENUE BOND ISSUE AC7ION REQUESTED: In accordance with the Laws of Minnesota, Chapter 234, it is requested thart the City Cou cil , by Resolution, a draft copy of which is attached hereto, approve the issuance of approxi mately $10,000,400 in commercial .revenue bonds to finance the construction of six floors of condominium office space in the St. Paul Hotel Parking Ramp project by the developer, Ge e , Rancone. This space would all be for rent at the outset. PURPOSE AND RATIONALE FOR THIS ACTTQN: - � The purpose of the bond issue is to finance the construction of six��loors of rental off. ce space in the St. Paul Hotel Parking Ramp project by developer G�ne Rancone,�w?�icfi wou1d permit them to fulfill ,their pledge to American Woist that two additiona1 fioars would b available for their acquisition as their need ftir expansion occurs. American Hoist & De rick would b� the Anchor tenant in the building arid they would be acquiring f�ve. floors at th outset for the relocation of their corporate off.ice to downtown St. Paul . Mr. Rancone w ll personally guarantee this portion of the project and wi11 act as managing-leasing agent or this space, the towEr and the parking ramp. One floor containing 12,350 square feet wou d be sold to Kueppers, Kueppers, Von Feldt & Salmen, a :local law firm currently occupying spaee in the Northern Federal Building. AT'TACHMENTS: � Staff Memorandum - ' Draft City Council Resolution Port Authority Resolution No. 1921 cc: R. Thorpe, ManpowerServices . � I ` � � R T � � ;�����'� " AllTHOitITY ' OF THE CITY OF ST. PAUL Memorandum TO: Board of Commissioners DATE Nov. 2, 1981 E. r i FROMI: �� , SUBJECT: YORKTOWN INVESTMENT COMPANY, INC. PRELIMINARY AGREEMENT - $10,000,000 COMMERCIAL REVENUE BOND ISSlJE OFFICE BUILDING CONSTRUCTION - ST. PAUL HOTEL RAMP BLOCK RESOLUTION N0. 1921 1 . THE COMPANY AND PROJECT To fulfill the pledge to American Hoist that two additional floors would be available for their acquisition as their need for expansion occurred, Yorktown is projecting the construction of six floors, all of which will be for rent at the outset. Negotiations are currenLly underway with a ', Los Angeles firm for four floors equaling 50,000 square feet and with , other potential tenants. This additional space and amortization of the , $10,000,000 bond issue will be the responsibility of Yorktown. The $10,000,000 includes the funding of the debt service reserve, capitalized interest during construction, and the normal elements of 876 revenue bond financing. Mr. Rancone will personally guarantee this porti�n of the project and will act as managing-leasing agent for this space, the tower and the parking ramp. Under the terms of the agreement he will be acquiring the air rights from� Jefferson Company and Lincoln Hotels , and . be responsible for posting the� letter of credit on the parking ramp which was a condition of the agreeme�ht with the other partners and the Port Authority's limited partnership position. Final details of the agreements will be presented to the Board' before actual sale of bonds . N egotiations are underway with other firm� for condominium sections of this building. ' Rancone`s development experience is, in our opinion, an asset to this project and essential to construction .of the type of facility that has th� � amenities and the elevation considered by American Hoist to be essential ! to their location in the new Amhoist building. I � 2. TERMS OF THE LEASE I The term s of the lease would be for 30 years. The bonds would be issued under Resolution 876 and the customary fiscal and administrative fees will apply, and sinking fund earnings and debt ser�rice reserve earnings I will inure to the benefit of the Port Authority. The public hearing (Securities Commission ::nd Public Sale) will be held , on November 24. , 1 I , , � � ��'����� Board of Commissioners � Nov. 2, 1981 Page -2- � The bond issue will be made up as follows: i Construction $ 6,603,000 Reserve 1 ,255,000 Capitalized Interest - 21 Months 2,100,000 Expenses 42,000 Underwriting 300,000 TOTAL $10,000,000 3. UNDERWRITING , Miller & Schroeder Plunicipals has agreed to underwrite the bonds. The interest rate will be established at the date of sale. 4. RECOMMENDATION Subject to additional ccmmitments to be on hand prior to the sale of the bonds staff recommends adoption of Resolution No. 1921. EAK:jmo I