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City Council Agenda Packet 11-03-1976AON DA SPF.C7AL MEETI NG Novemlx:r 3. 1976 - 3 P.M. 1. .Industrial Revenue Bonds - Silver Pox :Inn. 2. Canvassing C.i.Ly c.lection. Mai I i ng to: Stmart. Iloglund Roger Hinges Don SmiLll t 111311 (V AGENDA SUPPLEMENT Agenda Item I. Industrial Revenue Bonds - S.i.lvcr Pox Motel. Inc. Stuart Iloglund and Ed Larson. principal stock- holders for the Silver Pox Motel. have requested the City of Monticello issue .lndustria:l Revenue Bonds for the Silver Pox Motel, Inc. On Wednesday, Acting Mayor Denton Erickson and myself mot with Mr. Hoglund and Mr. Larson along with their proposed bond underwriters, Juran and Moody, Inc. Enclosed, you will find a brochure cxplai.ning i.ndustri.0 revenue bonds and the purpose br_hi.nd them. The Pollution Control Bonds the City has .issued for NSP are a type of .i.ndustvial revenue bond. You may recall the .important: features of an .i.ndustri.a.l revcnuc band .is khat the interest earned by the bond holder is exempt, from fcdeval and state income taxes and that the City is Ln no way .l.i.nble Por their payment even i.V the company is .in Wnult. An .i.ntevcst.i.ng Venture of the hand proposed Por Si l ver Pox :Inn is t.hn t one bank and possibly two banks wiA l he the soft, purchaser of these bands and Che banks will not; rnee 1.1 them. There - Core for all prnaticnl purposes thi-s arrangement; in Like a .loan from the bank to Silver Pox Inn nod I;herefore I;here .is no puhl.i.e exposure I;o other bond buyers. 'I'llis .i.s an attractsive Penture, as .!.it the normal case those bonds are sold to the public and while the nit.y .is never liable the nssoc.iat;ion of the city's name with bonds that aro in default .is unal;trncLIve. I have talked with our Umd consult; 0 Spr.i.ngaced, :Inc. and they see no parla.cul,a" problem and our c.it;y attorney feels likewise. Cary Pringle will be at Wednesday's meeting to answer any questions you mny have. :I: have, reviewed the projected i.nrome Statement Pot- the orthe, Silver Pox :1'111i and though .Ifeel It, .is somewhat: optimistic I real the hands arm srrurc. This pro- jected lncumo sl;ot.cmont Is at my o"I" and I told Mr. Hoglund I would not make copies of it to keep it confidential, but, it is here for your rev iVW. POSSIBLE ACUON: ConsidwwLion of preliminary resolution to approve industrial revenue bonds rot- the orthe Si Iver Pox Motel Inc" Juran and Moody should be mailing these resolutions directly to you. Reasoning behind a preliminary resolution is that, this procedure is necessary to allow the Minnesota Department of Economic Development to review and approve and at a later date a final resolution will be necessary. REFLRENCLS: Enclosed copy of brochure Preliminary Resolution Feasibility Report. (avai!able at City Hall) Agenda Item 2. Canvassing City Election" State Statutes require. Lhc council to canvass the votes within 2 days after Lhc city election Lo declare the resulLs. Please note the canvass is for city election only. POSSIBLE ACTMN: Cnnsidcratioo of motion Lo declare the results of the election as presented. -2- CER FICATIO11 OF MINUTES RULATi S TO $450,000 Commercial Development Revenue Notes Issuer: City of Monticello, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A meeting, held on 116dnesday, 'November 3, 1976, at o'clock P.M., at the city Hall Members present: Members absent: Documents Attached: Minutes of said meeting (pages): RESOLUTION AUTHORIZING THE ISSUANCE OF COI-DIERCIAL DEVELOPMENT REVENUE NOTES, REQUESTING APPROVAL BY THR DEPARTMENT OF ECONOMIC DEVELOPMENT, AND AUTHORIZING THE PREPARATION OF NECESSARY DOCU14ENTS PURSUANT TO THE I4UNICIPAL INDUSTRIAL DLVELOP14ENT ACT I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the bonds re- ferred to in the title of this certificate, certify that the docu- ments attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting Of the governing body of said corporation, and correct and complete copier of all resolutions and Other actions taken and of all docu- ments opprovod by the governing bogy nt ani.cl meeting, so for as they relato to said bonds; and that naid meeting was duly field by the governing body at the time and place and was attended through- out by the mcml)cr:i indicated above, pursuant to cull and notice of atich meeting given as required by low. WITNESS my hand officially as such recording officer this 3&A clay of Nnvoinhor , 1976 . signature Gary 11101301', City Adninistrator Name and'Title Councilmember offered the following resolution and moved its adoption, which motion was seconded by Councilmember RESOLUTION AUTHORIZING THE ISSUANCE OF COMMERCIAL DEVELOPMENT REVE14UE NOTES, REQUESTING APPROVAL BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND AUTIIORIZI14G THE PREPARATION OF NECESSARY DOCUMENTS PURSUANT TO THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT BE IT RESOLVED by the City Council of the City of Monticello, Minnesota, as follows: Section 1. Policy and Purpose. 1.01. For the purpose of promotion, attraction, encourage- ment and development of economically sound commerce, preserving and developing a tax base adequate to finance necessary public services, and encouraging employment opportunities for the citizens of the City, the City is authorized by the Municipal Industrial Development Act, Minnesota Statutes, Chapter 474, as amended, to acquire and lease real and personal property for use by a revenue-producing enterprise, or to loan funds directly to the enterprise to be used for such acquisition, said funds to be raised through the issuance of revenue bonds or notes of the City. 1.02. Hoglund and Larson, a Minnesota partnership (referred to herein as the Partnership) desires to undertake a Project in the City, at a total cost presently estimated at approximately $450,000, said Project to consist of the acquisition of real estate and construction thereon of a 44 unit motel - restaurant complex. 1.03. The Project would increase the level of economic activity in the City, would increase the tax base, and would pro- vide additional employment opportunities for residents of the City and the surrounding area. 1.04. The City is advised by representatives of the Partnership that with the aid of municipn]. financing, and the resulting lower borrowing cost, the Project would be significantly more feasible. The City is further advised by tho Partnership that approval of: municipal financing would be a significant induce- ment to the commencement of construe tion of the Project by the Partnership. 1.05. The First Northwestern National Bank of Winona, Minnosota, has advised that on the basis of information submitted to them and their discussions with representatives of the Corporation and other potentin]. bu,yar.s of. the notos, revenue notes of the City could in thoir opinion be issued and sold upon favor.nbla rates and terms in the amount required ::o pay the coot of the Project. . Section 2. Authorization. 2.01. Subject to approval of the Project by the Commissioner of Economic Development of the State of Minnesota, and subject to the mutual agreement of the City, the Partnership and the purchaser of the notes as to the details of an indenture, lease or loan agreement, and other documents necessary to evidence and effect the financing of the Project and the issuance of the notes, the issuance of revenue notes of the City in the amount of $450,000 is authorized to finance the costs of the Project. 2.02. The Mayor is authorized and directed to submit the Project for approval by the Commissioner of Economic Develop- ment as tending to further the purposes and policies of the Municipal Industrial Development Act, and to cause such information concerning the Project to be submitted to the Commissioner as he shall require for this purpose. 2.03. Nothing in this resolution or in the documents prepared pursuant hereto shall authorize the expenditure of any funds on the Project other than the revenues thereof or the proceeds of the notes or other funds granted to the City for this purpose. The notes shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City nor shall the City be subject to any liability thereon. No noteholder shall ever have the right to compel any exercise of the taxing power of the City to pay any such notes or the interest thereon, nor to enforce payment thereof against any property of the City. Each note shall recite in substance that the note, including interest thereon, is payable solely from the revenue pledged to the payment thereof. No note issued hereunder shall constitute a debt of the City within the meaning of any constitutional or statutory limitation. 2.04. In anticipation of the approval by the Commissioner of Economic Development and the issuance of revenue notes to finance the Project, and in order that completion of the Project will not be unduly delayed when approved, the Partnership is hereby authorized to make such expend.itures and advances toward payment of costs of the Projcct ns it considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the revenue notes when delivered but otherwise without liability on the part of the City. Adopted by the Council this 3rd day of. November., 1976. Approved: +.� `L.19ACr4r. t►-�w� mayor Attest: zty YAn— //-1,74 d1 Upon call of the roll, the following Counc ilmembers voted in favor: and the following were opposed: whereupon said motion was declared carried and the resolution duly adopted. i SUMMAY Ta STATEMENT OF Vd,'*!FS. For_.._.,_ General Eketron Late of ohnntoota'l. dt as Vertion held In the ..City of Stale of.Vinneve4m. on the 2nd day of ..____jovqmbe'r .4. 76 A 19 the, fdtoWns votes zvere ma and coujited for the candi- dates enumerated beknv: pop Me offlec,of .Iayo�r _ Canesld O. Johnson Received ..... . ... ,Received...........I-Ole, Received-----.-.-. ......... Votes rotes joe, W Office of,_Councilman __R.ichard. rot" Received r—­rl ;'Otel - Reirived Mies For the Offive of ...... Thee Received_..._._ Votes Received i'Otry Reeeived.__ I'blet per the office pf, Arve Cr i insmo Mtes Votes Receive I d Vow Vol - For the Office of. Roman Bilatk0l (-S=hy rple P I #j Vote# 6t-01, Votes Rerelved For the ONO of Rercivfd Votes Votes Rewired Veirs J CC412), T cogpmo Poo, the'pmrf of i4z,'v'0-4d" wl ReMPA4 rate-, Are, o 0 0 'IPJCICI .3 rf)fto Aw me,ee, Awtv0d 41) rat" 4,. S A A, Rreeived 'Ad Ps AA 4 L A At 11,1f4i ro e ire 8_ 344 QUESTION: ,SUNDAY LIQUOR ,rtsha:'11 licenses be granted for the"saleof intoxicating liquor on Sundays in the City ,of Monticello?" Xf rrech-ed I 0 IeO9 Tii-W nun .1-o P-s,on, dually prvivot and votinu was SNO ,tal on -di,, J bailott vwri"d by mail C zt Total iwii-hrr of names cniettel upon the election irgistets %vas..40U . . .. ..... 7 T.tal nu,A­O,.Olw•+ i -4-1 twit, I VL_-_ AY 11431, 1 li—lerk wa%12 'Im4l ,.anther of miii,ttl ASiLts rvturptJ ,, the-cirtk was PC" 5"HO., 'I, A nu, r 14 p p -,I,, I lljalha. t Our tied by voters wit.).7 07-L4, og_ Tota: nuit.lit, of uh, Ily, .16nive baHot-ast and net counted was,. - pit) 37, Aimby ro-Iiitilliat the famdainjirturno aea carpect Fur 1140, Uffica of Teen QUESTION: ,SUNDAY LIQUOR ,rtsha:'11 licenses be granted for the"saleof intoxicating liquor on Sundays in the City ,of Monticello?" Xf rrech-ed I 0 IeO9 Tii-W nun .1-o P-s,on, dually prvivot and votinu was SNO ,tal on -di,, J bailott vwri"d by mail C zt Total iwii-hrr of names cniettel upon the election irgistets %vas..40U . . .. ..... 7 T.tal nu,A­O,.Olw•+ i -4-1 twit, I VL_-_ AY 11431, 1 li—lerk wa%12 'Im4l ,.anther of miii,ttl ASiLts rvturptJ ,, the-cirtk was PC" 5"HO., 'I, A nu, r 14 p p -,I,, I lljalha. t Our tied by voters wit.).7 07-L4, og_ Tota: nuit.lit, of uh, Ily, .16nive baHot-ast and net counted was,. - pit) 37, Aimby ro-Iiitilliat the famdainjirturno aea carpect Teen 6'rtlej &TIPS Ole (.Otol>F'Aia Z �•.LL Ito 4. 3" W 7&- Iz Fe