84-072 - 07-02 - Approval MN Energy and Economic Development The Northland CompanyResolution 84-72
July 2, 1984
Member Bakken introduced the following resolution and moved its adoption:
RESOLUTION GIVING PRELIMINARY APPROVAL TO A PROJECT UNDER THE
MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, REFERRING THE PROPOSAL
TO THE MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY
FOR APPROVAL, AND AUTHORIZING PREPARATION OF NECESSARY DOCUMENTS
WHEREAS, the welfare of the State of Minnesota (the "State") requires
active promotion, attraction, encouragement and development of economically
sound industry and commerce through governmental acts to prevent, so far as
possible, emergence of blighted lands and areas of chronic unemployment, and it
is the policy of the State to facilitate and encourage action by local government
units to prevent the economic deterioration of such areas to the point where the
process can be reversed only by total redevelopment through the use of local,
state and federal funds derived from taxation, with the attendant necessity of
relocating displaced persons and of duplicating public services in other areas;
and
WHEREAS, technological change has caused a shift to a significant degree in
the area of opportunity for educated youth to processing, transporting, marketing,
service and other industries, and unless existing and related industries are
retained and new industries are developed to use the available resources of the
City of Golden Valley (the "City"), a large part of the existing investment of
the community and of the State as a whole in educational and public service
facilities will be lost, and the movement of talented, educated personnel of
mature age to areas where their services may be effectively used and compensated
and the lessening attraction of persons and businesses from other areas for
purposes of industry, commerce and tourism will deprive the City and the State
of the economic and human resources needed as a base for providing governmental
services and facilities for the remaining population; and
WHEREAS, the increase in the amount and cost of governmental services
requires the need for more intensive development and use of land to provide an
adequate tax base to finance these costs; and
WHEREAS, a representative of The Northland Company, a Minnesota corporation
(the "Developer"), has advised this City Council that it desires to acquire land
and construct a 3 -story, 80,000 square foot office facility in the City
(hereinafter referred to as the "Project"); and
WHEREAS, the existence of the Project in the City will contribute to more
intensive development and use of land to increase the tax base of the City and
overlapping taxing authorities and maintain and provide for an increase in
opportunities for employment for residents of the City, including economically
disadvantaged or unemployed individuals; and
WHEREAS, the City has been advised that conventional, commercial financing
to pay the capital cost of the Project is available at such costs of borrowing
that the economic feasibility of operating the Project would be significantly
reduced, but that with the aid of municipal financing, and its resulting lower
borrowing cost, the Project is economically more feasible; and
Resolution 84-72 - Continued July 2, 1984
WHEREAS, this Council has been advised by a representative of the Developer
that on the basis of information submitted to them and their discussions with
representatives of area financial institutions and potential buyers of tax
exempt bonds, industrial development revenue bonds of the City could be issued
and sold upon favorable rates and terms to finance the Project; and
WHEREAS, the City is authorized by Minnesota Statutes, Chapter 474, to
issue its revenue bonds to finance the cost, in whole or in part, of the
acquisition, construction, reconstruction, improvement or extension of capital
projects consisting of properties used and useful in connection with a revenue
producing enterprise, such as that of the Developer, and the issuance of such
bonds by the City would be a substantial inducement to the Developer to construct
its facility in the City; and
WHEREAS, on the basis of information given the City to date, it appears that
it would be in the best interest of the City to issue its industrial development
revenue bonds under the provisions of Chapter 474 to finance the Project of the
Developer in an amount presently estimated not to exceed $7,000,000; and
WHEREAS, the City has, by Resolution No. 83-109, dated December 20, 1983,
given preliminary approval to the issuance of bonds to finance the Project in an
amount then estimated not to exceed $6,000,000.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The Project is hereby given preliminary approval by the City and the
issuance of the revenue bonds for such purpose and in such amount approved,
subject to approval of the Project by the Minnesota Energy and Economic
Development Authority and to the mutual agreement of this body, the Developer
and the initial purchaser of the bonds as to the details of the bonds and
provisions for their payment. In all events, it is understood, however, that
the bonds of the City shall not constitute a charge, lien or encumbrance legal
or equitable upon any property of the City except the Project, and the bonds,
when, as and if issued, shall recite in substance that the bonds, including
interest thereon, is payable solely from the revenues received from the Project
and the property pledged to the payment thereof, and shall not constitute a debt
of the City.
2. In accordance with Minnesota Statutes, Section 474.01, Subdivision 7a,
the Mayor of the City is hereby authorized and directed to submit the proposal
for the Project to the Minnesota Energy and Economic Development Authority for
approval of the Project. The Mayor and other officers, employees and agents of
the City are hereby authorized to provide the Minnesota Energy and Economic
Development Authority with any preliminary information needed for this purpose,
and the City Attorney is authorized to initiate and assist in the preparation of
such documents as may be appropriate to the Project, if it is approved by the
Minnesota Energy and Economic Development Authority.
3. The law firm of Holmes & Graven, Chartered, is authorized to act as
Bond Counsel and to assist in the preparation and review of necessary documents
relating to the Project and bonds issued in connection therewith. The Mayor,
City Attorney, and other officers, employees and agents of the City are hereby
authorized to assist Bond Counsel in the preparation of such documents.
Resolution 84-72 - Continued July 2, 1984
4. In accordance with Minnesota Statutes, Section 474.01, Subdivision 11,
the City Manager and other officers, employees and agents of the City are hereby
authorized and directed to encourage the Developer to provide employment
opportunities to economically disadvantaged or unemployed individuals. Such
individuals may be identified by such mechanisms as are available to the City,
including a first source agreement in which the Developer agrees to use a
designated State employment office as a first source for employment recruitment,
referral, and placement.
5. In the event that all or any portion of the revenue bond issuance shall
be subject to the private activity bond cap of the Deficit Reduction Tax Act of
1984, the City reserves the right to allocate all or any portion of its issuance
authority to this Project or any other project of the City, such allocation to
be accomplished by separate action of this City Council.
Mary E. Berson, Mayor
ATTEST:
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John F1urp i C ttyt Jerk
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The motion for the adoption of the foregoing resolution was seconded by Member
Stockman and upon a vote being taken thereon, the following voted in favor
thereof: Anderson, Bakken, Stockman and Thompson, and the following was
absent: Johnson, and the following voted against the same: none, whereupon
said resolution was declared duly passed and adopted, signed by the Mayor and
her signature attested by the City Clerk.