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HomeMy WebLinkAboutResolution - 84-237 - Extend Public Approval TEFRA Hearing - Thomas Hotel Project - $9,170,00 - Member introduced the following resolu- tion and moved its adoption : RESOLUTION NO . r} RESOLUTION EXTENDING PUBLIC APPROVAL PRE- VIOUSLY GIVEN TO A PROJECT UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT . BE IT RESOLVED by the City Council ( the "Council" ) of the City of Eden Prairie , Hennepin County, Minnesota ( the "City" ) , as follows : 1 . It has been previously found, determined and declared by the Council as follows : 1 . 1 . The welfare of the State of Minnesota ( the "State " ) requires active promotion, attraction, en- couragement and development of economically sound in- dustry and commerce through governmental acts to pre- vent , 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 . 1 . 2 . Technological change has caused a shift to a significant degree in the area of opportunity for edu- cated 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 , 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 com- pensated 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 t-or the remaining population. 1 .3 . The increase in the amount and cost of govern- mental services requires the need for more intensive development and use of land to provide an adequaij,e tax base to finance these costs . - 1 - 1 . 4 . Thomas Hotel Company ( the "Company" ) , has previously advised this City Council that it desires to acquire land located one-half ( 1/2 ) mile south of the intersection of Highway 169 and Interstate 494 in the City , acquire and construct a building thereon and acquire and install equipment therefor ( the "Project" ) to be utilized as a first class hotel and related facilities . 1 . 5 . 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 in- crease in opportunities for employment for residents of the City . 1 . 6 . 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 munici- pal financing and its resulting low borrowing cost the Project is economically more feasible . 1 . 7 . This Council has been advised by a representa- tive of The Steinberg Financial Corporation , in Minne- apolis , Minnesota , mortgage bankers , that on the basis of information submitted to them and their discussions with representatives of the Company and potential buyers of tax-exempt bonds , industrial development revenue bonds , notes or other obligations of the City could be issued and sold upon favorable rates and terms to finance the Project . 1 . 8 . The City is authorized by Minnesota Statutes , Chapter 474 , to issue its revenue bonds , notes or other obligations to finance the cost , in whole or in part , of the acquisition, construction, reconstruction, improve- ment , betterment or extension of capital projects con- sisting of properties used and useful in connection with a revenue producing enterprise, such as that of the Company; the issuance of such bonds , notes or other obligations by the City would be a substantial induce- ment to the Company to construct its facility in the City . 2 . The notice of public hearing for the public hearing held on this date was submitted for publication by Carl J. Jullie, the City Manager of the City, which action was taken in accordance with the authority granted the City Manager , and which action is hereby ratified by the Council. - 2 - 3 . On the basis of information given the City to date, the City reaffirms its earlier decision that it appears that it would be in the best interest of the City to issue its commercial development revenue bonds, notes or other obliga- tions under the provisions of Minnesota Statutes , Chapter 474 , to finance the Project of the Company at a cost presently estimated not to exceed $9, 170 , 000 . 4 . The City has previously given preliminary approval to the Project on August 16 , L983 and such approval was extended on August 7 , 1984 . Section 103 ( k ) of the Internal Revenue Code of 1954 , as amended, requires "public approval" o` any project to be financed with industrial development bonds . Under the Regulations to Section 103 ( k ) , public approval follows a public hearing and must be within one year of the date of the issue . As the earlier public approval given on August 16 , 1983 , it was necessary to hold a new public hearing and reaffirm the public approval given earlier . 5 . The Project has received approval by the Minnesota Energy and Economic Development Authority . 6 . The project is hereby given public approval by the City. 7 . This resolution is not intended to be a new pre- liminary approval for the Project but is intended only to satisfy the requirements under Section 103 (k ) for public approval of the Project . 8 . The adoption of this resolution by the Council does not constitute a guarantee or a firm commitment that the City will issue any bonds , notes or other obligations as requested by the Company. The City retains the right in its sole discretion to withdraw from participation and accord- ingly not issue the bonds , notes or other obligations should the City at any time prior to the issuance thereof determine that it is in the best interest of the City not to issue the bonds , notes or other obligations or should the parties to the transaction be unable to reach agreement as to the terms and conditions of any of the documents required for the transaction. 9 . All commitments of the City expressed herein are subject to the condition that on or before December 31 , 1984, the City and the Company shall have agreed to mutually acceptable terms and conditions of the revenue agreement , the bonds , notes or other obligations and of the other l instruments and proceedings relating thereto and to the issuance and sale of the bonds, notes or other obligations 3 - and the sale of such bonds , notes or other obligations has been closed by such date . If the events set forth herein do not take place within the time set forth above, or any extension thereof, and the bonds , notes or other obligations are not sold within such time, this resolution shall expire and be of no further effect . _ ayor Attest: Finand.e7 Director-Clerk ,r R