HomeMy WebLinkAbout2018-045 Council Resolution,.� CITY OF LINO LAKES, MINNESOTA
follows:
RESOLUTION NO. 18-45
RESOLUTION CALLING A PUBLIC HEARING FOR THE PURPOSE OF
PROVIDING HOST APPROVAL FOR THE ISSUANCE OF A REVENUE NOTE
BY THE CITY OF COLUMBIA HEIGHTS
BE IT RESOLVED by the City Council of the City of Lino Lakes, Minnesota (the "City") as
Section 1. Recitals.
1.01. Pursuant to the Constitution and laws of the State of Minnesota, particularly Minnesota
Statutes, Sections 469.152 through 469.1655, as amended (the "Act"), the City is authorized to issue
revenue obligations to finance, in whole or in part, the cost of the acquisition, construction, reconstruction,
improvement, betterment, or extension of a "project," defined in the Act, in part, as any properties, real or
personal, used or useful in connection with a revenue producing enterprise, whether or not operated for
profit.
1.02. Minnesota Statutes, Section 471.656, as amended, authorizes a municipality to issue
obligations to finance the acquisition or improvement of property located outside of the corporate
boundaries of such municipality if the governing body of the city in which the property is located consents
by resolution to the issuance of such obligations.
1.03. Love To Grow On, a Minnesota nonprofit corporation (the "Borrower"), has proposed that
the City approve the issuance by the City of Columbia Heights, Minnesota (the "City of Columbia Heights")
of one or more series of revenue obligations, as taxable or tax-exempt obligations (the "Note"), in the
maximum aggregate principal amount of $3,800,000. The Borrower intends to apply the proceeds of the
Note to (i) finance the acquisition, construction, and equipping of an approximately 13,000 square foot
early childhood educational facility located at 6499 Lakota Trail in the City (the "Project"); (ii) finance
capitalized interest on the Note during construction of the Project, if necessary; (iii) fund required reserves
for the Note, if any; and (iv) pay the costs of issuing the Note.
1.04. Prior to the issuance of the Note by the City of Columbia Heights, the City Council of the
City (the "City Council") is required to (i) conduct a public hearing in accordance with the requirements of
the Act and Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), with respect
to the proposal to issue the Note; and (ii) approve the issuance of the Note by the City of Columbia Heights
to finance the Project.
1.05. The Borrower has requested that the City Council conduct a public hearing on Tuesday,
May 29, 2018, to consider the proposed issuance of the Note by the City of Columbia Heights in accordance
with the Code and Minnesota Statutes, Section 471.656, as amended, to, among other things, finance the
Project.
Section 2. Required Actions.
521250v1 JAE CL162-55
2.01. The City Council will meet at 6:30 p.m. on Tuesday, May 29, 2018, to conduct a public
hearing and consider the proposed issuance of the Note by the City of Columbia Heights in accordance with
the Code and Minnesota Statutes, Section 471.656, as amended, to, among other things, finance the Project.
2.02. Kennedy & Graven, Chartered, as bond counsel to the City of Columbia Heights, is hereby
authorized and directed to publish a notice of the public hearing, in substantially the form attached hereto
as EXHIBIT A in the Quad Community Press, the official newspaper of and a newspaper of general
circulation in the City. The notice shall be published once at least fourteen (14) days prior to the date of
the public hearing.
2.03. The Borrower shall pay to the City any and all costs paid or incurred by the City in
connection with the Note or the financing of the Project, whether or not the financing is carried to
completion, and whether or not the Note or operative instruments are executed and delivered.
Approved by the City Council of the City of Lino Lakes mnesota this ► ' day of April, 2018.
Mayor
ATTEST:
The motion for adoption of the foregoing resolution was introduced
by Council Member Maher and was duly seconded by Council Member
Stoesz and upon vote being taken thereon, the following voted in
favor thereof:
Maher, Stoesz, Rafferty, Manthey, Reinert
The following voted against:
none
521250v1 JAE CL162-55 2
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
BACKGROUND
CITY COUNCIL
AGENDA ITEM 2A
Sarah Cotton, Finance Director
April 23, 2018
Consider Resolution No. 18-45, Calling a Public Hearing for the
Purpose of Providing Host Approval for the Issuance of a
Revenue Note by the City of Columbia Heights
3/5
Love To Grow On, a Minnesota nonprofit corporation, who operates early childhood education
centers in the City of Lexington and the City of Circle Pines, has proposed to consolidate both
centers into a new facility located in the City of Lino Lakes.
The City of Lino Lakes Planning & Zoning Board held public hearings on March 14, 2018 and
April 11, 2018 regarding the proposed development of the Love To Grow On childcare center.
The Planning & Zoning Board recommended approval of the CUP, Variances, and Site Plan;
therefore, City Council review is scheduled for the May 7th and 14th Work Session and Council
Meeting, respectively.
Love To Grown On would like to finance the new facility with tax-exempt conduit bonds. The
City of Lino Lakes plans to issue general obligation bonds in the current year to fund capital
improvement projects in the City. If the City were to agree to issue conduit bonds for Love To
Grow On, the City would not be able to issue its own bonds as bank -qualified ($10 million
limit).
State Statute authorizes a municipality to issue obligations to finance the acquisition or
improvement of property located outside of the corporate boundaries of such municipality if the
governing body of the city in which the property is located consents by resolution to the
issuance of such obligations. Love to Grow On has requested that the City of Columbia
Heights issue a revenue note. In order for the City of Columbia Heights to issue the Note, the
City of Lino Lakes must grant "host approval" to the issuance of the Note, following a duly
noticed public hearing. The attached resolution set the public hearing for Tuesday, May 29,
2018.
Gina Fiorini, Kennedy & Graven will be present at the April 23, 2018 meeting to answer any
questions the Council may have.
RECOMMENDATION
Staff recommends approval of Resolution No. 18-45, calling for a public hearing on Tuesday,
May 29, 2018.
ATTACHMENTS
Resolution No. 18-45
Memo from Gina Fiorini, Kennedy & Graven
CHARTERED
Offices in
Minneapolis
Saint Paul
St. Cloud
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis MN 55402-1458
(612)337-9300 telephone
(612) 337-9310 fax
www.kennedy-graven.com
Affirmative Action, Equal Opportunity Employer
GINA A. FIORINI
Attomey at Law
Direct Dial (612) 337-9210
Email: gfiorini@kennedy-graven.com
April 18, 2018
Sarah Cotton, Finance Director
City of Lino Lakes
600 Town Center Parkway
Lino Lakes, MN 55014
Re: Resolution calling public hearing on granting host approval for a project to be financed with the
proceeds a revenue obligation to be issued by the City of Columbia Heights
Dear Sarah,
Love To Grow On, a Minnesota nonprofit corporation (the "Borrower"), operates early childhood
education centers in the City of Lexington and the City of Circle Pines and has proposed to consolidate both
centers into a new facility consisting of approximately 13,000 square feet (the "Project") located at 6499
Lakota Trail in the City of Lino Lakes (the "City"). The Borrower would like to finance the new facility
with tax-exempt conduit bonds in the amount of approximately $3,800,000. The City has indicated that it
plans to issue general obligation bonds this year and would like them to be bank -qualified bonds (this
designation allows banks to buy the bonds and claim the interest on the bonds as tax exempt). In order for
the City's bonds to be bank -qualified, the City cannot issue more than $10,000,000 in general obligation
bonds or conduit bonds for a nonprofit borrower. If the City agreed to issue the conduit bonds for the
Borrower, the City would not be able to issue its own bonds as bank qualified. The Borrower has requested,
instead, that the City of Columbia Heights issue a revenue note, in one or more series, as a taxable or tax-
exempt obligation (the "Note"), in the maximum principal amount of $3,8000,000 in order to (i) finance the
acquisition, construction, and equipping of the Project; (ii) finance capitalized interest during construction of
the Project, if necessary; (iii) fund required reserves, if any; and (iv) pay costs of issuance of the Note.
In order for the City of Columbia Heights to issue the Note, the City must grant "host approval" to
the issuance of the Note, following a duly noticed public hearing, under Minnesota Statutes, Section 471.656,
and the Internal Revenue Code of 1986, as amended (the "Code"). Enclosed is a resolution for consideration
by the City Council on Monday, April 23, 2018, which calls for a public hearing to be conducted by the City
Council on Tuesday, May 29, 2018 for purposes of granting host approval to the issuance of the Note by the
City of Columbia Heights to finance the Project.
If the City Council authorizes the City of Columbia Heights to issue the Note, the Note will be issued
as conduit revenue obligation of the City of Columbia Heights secured solely by the revenues derived from
the loan or other revenue agreements executed by the Borrower and from other security provided by the
Borrower. The Note will not constitute a general or moral obligation of the City or the City of Columbia
Heights, will not be secured by or payable from any property or assets of the City or the City of Columbia
Heights, and will not be secured by any taxing power of the City or the City of Columbia Heights. The Note
will not be subject to any debt limitation imposed on the City or the City of Columbia Heights and the
521370v1 GAF CL 162-55
issuance of the Note will not have any adverse impact on the credit rating of the City or the City of Columbia
Heights, even in the event that the Borrower encounters financial difficulties with respect to the Project. The
issuance of the Note by the City of Columbia Heights to finance the Project will not affect the City's ability
to issue general obligation or conduit revenue bonds in calendar year 2018. Furthermore, as mentioned
above, the issuance of the Note by the City of Columbia Heights will not affect the ability of the City to issue
and designate bonds as qualified tax-exempt obligations (or "bank qualified") for purposes of Section
265(b)(3) of the Code.
The Borrower will pay the out-of-pocket expenses of the City and all costs of the financing,
including all attorneys' fees, with respect to this transaction.
I will attend the City Council meeting on April 23, 2018, and can answer any questions that may
arise during the meeting. Please contact me if you have questions regarding the foregoing.
Sincerely,
Gina A. Fiorini
521370v1 GAF CL162-55
Julie Bartell
crom: Fiorini, Gina A. <GFiorini@Kennedy-Graven.com>
Sent: Tuesday, April 24, 2018 12:21 PM
To: Julie Bartell
Subject: RE: Love To Grow On Financing Resolution
Hi Julie,
No need to worry about. We'II take care of publication.
Thanks!
-Gina
Gina Fiorini
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, iNLNT 55402
Phone: (612) 337-9210
Fax: (612) 337-9310
gfiorini@kennedy-graven.com
o the extent the preceding correspondence and or any attachment is a written tax advice communication, it is not a full "covered
opinion." Accordingly, this advice is not intended and cannot be used for the purpose of (1) avoiding penalties that may be imposed under
the Internal Revenue Code of 1986, as amended, or (2) promoting, marketing, or recommending to another party any matters addressed
herein.
This message (including any attachments) is from a law firm and may contain confidential client information or an attorney-client
communication that is confidential and privileged by law. The information is intended only for the use of the individual or entity to whom
it is addressed. If you are not the addressee or the employee or agent responsible to deliver this e-mail to its intended recipient, please
delete this message (and any attachments) without any review, distribution, or copying and notify the sender of the inadvertent
transmission.
From: Julie Bartell [mailto:julie.bartell@ci.lino-Iakes.mn.us]
Sent: Tuesday, April 24, 2018 12:18 PM
To: Fiorini, Gina A.
Subject: FW: Love To Grow On Financing Resolution
Hi Gina- Regarding the above (and below) mentioned resolution, I'm not clear if I need to publish the hearing notice or if
that will be done by you or other city.
Please advise.
Thank you.
Tu2Cei
lie Bartell
City Clerk
600 Town Center Parkway
1
Lino Lakes, MN 55014
651-982-2406
julie.bartell@ci.lino-Iakes.mn.us
[1F
LNC` EKES
From: Sarah Cotton
Sent: Wednesday, April 18, 2018 10:06 AM
To: Julie Bartell <iulie.bartell@ci.lino-lakes.mn.us>
Subject: FW: Love To Grow On Financing Resolution
Good Morning Julie,
I will be placing the attached resolution on the 4/23/2018 agenda for council consideration. Exhibit A to the resolution is
a Notice of a Public Hearing that will need to be published in the Quad Press 14 days prior to Tuesday, May 29th
Let me know if you have any questions.
Thanks,
Sarah Cotton
Finance Director
City of Lino Lakes
600 Town Center Pkwy
Lino Lakes, MN 55014-1182
651-982-2410
651-982-2499 fax
sarah.cotton(cr�ci.lino-Iakes.mn.us
From: Fiorini, Gina A. Finailto:GFiorini@Kennedy-Graven.com]
Sent: Wednesday, April 18, 2018 8:54 AM
To: Sarah Cotton <sarah.cotton@ci.lino-lakes.mn.us>
Cc: Eddington, Julie A. <JEddington@Kennedy-Graven.com>; Gerdts, Ellen G. <EGerdts@Kennedy-Graven.com>
Subject: Love To Grow On Financing Resolution
Hi Sarah,
Attached please find a resolution to be considered by the City Council on April 23rd calling a public hearing on the Love
To Grow On conduit revenue bonds to be issued by the City of Columbia Heights. I have also attached a letter explaining
the resolution and the financing. I will be at the meeting on Monday night in case there are questions.
Please let me know if you have questions.
Thanks!
-Gina
Gina Fiorini
Kennedy & Graven, Chartered
470 U.S. Bank Plaza
200 South Sixth Street
2
Minneapolis, MN 55402
Phone: (612) 337-9210
Fax: (612) 337-9310
gfiorini@kennedy-graven.com
To the extent the preceding correspondence and or any attachment is a written tax advice communication, it is not a full "covered
opinion." Accordingly, this advice is not intended and cannot be used for the purpose of (1) avoiding penalties that may be imposed under
the Internal Revenue Code of 1986, as amended, or (2) promoting, marketing, or recommending to another party any matters addressed
herein.
This message (including any attachments) is from a law firm and may contain confidential client information or an attorney-client
communication that is confidential and privileged by law. The information is intended only for the use of the individual or entity to whom
it is addressed. If you are not the addressee or the employee or agent responsible to deliver this e-mail to its intended recipient, please
delete this message (and any attachments) without any review, distribution, or copying and notify the sender of the inadvertent
transmission.
3