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86-996 WHITE w- CITV CLER PINK - PINANCE C�IInCII �LUERV `MAyPp{ZTME T G I TY O F SA I NT PA U L File N 0. � ` g9� � .Cou ci �Resolution Presented By Ref o Committee: Date Out of C mm ttee By Date RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTI-FAMILY RENTAL ' HOUSING DEVELOPMENT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE PROGRAM URSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AUTHORIZING THE HOU5ING AND REDEVELOPMENT AUTHORITY OR MINNEAPOLIS/SAINT PAUL HOUSING FINANCE BOARD TO ISSUE HOUSING REVENUE BONDS AND AUTHORIZING THE SUBMISSION OF , FINANCING PROGRAM EOR APPROVAL TO THE MINNESOTA HOUSING FINANCE AGENCY AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE SAID PROJECT AND PROGRAM (614 SELBY PROJECT) WHEREAS, � (a) Minnesota Statutes, Chapter 462C (the "Act) confers upon cities, or housing and redevelopment authorities or port authorities authorized by ordinance to exercise on behalf of a city the powers conferred by the Act, the power to issue ' revenue bonds to finance a program for the purposes of planning, administering, making or purchasing loans with respect to one or ' more multi-family housing developments within the boundaries of the city; COUNC[L EN Yeas N ys Requested by�partQ�ent of: Drew �4��� Masanz [n Favor Nicosia Scheibel so�nen ' _ Against BY Tedesco Wilson Adopted by Council: Date Form A ved by City Attor� Certified Passed b Co ncil Secretary , gY / '' By Approved by Mavor: ate Approv M or for Submiss' ei} - By B . . � . . � �i=-�� ���� (b) The Housing and Redevelopment � Authority of the City of Saint Paul, Minnesota (the "HRA" ) has been designated, by ordinance, to exercise, on behalf of the City of St. Paul, Minnesota (the "City" ) the powers conferred by Minnesota Statutes, Section 462C.01 to 462C.08; (c) The HRA and the Minneapolis Community Development Agency (the "CDA" ) have entered into a Joint Powers Agreement dated , December 1 , 1984 creating the Minneapolis/Saint Paul Housing Finance Board (the "Board" ) , which is authorized to exercise on behalf of the Cities of Minneapolis and St. Paul and the HRA and CDA the powers conferred by the Act; (d) The City has received from Greg Hotzler, Paul Sween, Mark Sween, Leo Gadbois and CEA Real Estate, Inc. (the "Developer" ) a i proposal that the City undertake a program to finance a Project hereinafter described, through the issuance of revenue bonds or obligations ( in one or more series) (the ' "Bonds" ) pursuant to the Act; (e) The City desires to: facilitate ' the development of rental housing within the community; encourage the development of affordable housing opportunities for residents of the City; encourage the development of housing facilities designed for occupancy by persons of low or moderate income ; and encourage the development of ' blighted or underutilized land and structures within the boundaries of the City; and the Project will assist the City in achieving these objectives. (f) The Developer is currently engaged in the business of real estate development. The Project to be financed by the Bonds is the rehabilitation of an existing building for use as a multi-family rental housing �, development of approximately 14 rental units located at 614 Selby Avenue, in the City of St. Paul, and consists of the acquisition of . � � . � ��- 9�� an existing structure and the rehabilitation � thereof which will result in the provision of additional rental housing opportunities to persons within the community; (g) The City has been advised by representatives of the Developer that con- ventional, commercial financing to pay the capital costs of the Project is available only on a limited basis and at such high costs of borrowing that the economic feasibility of operating the project would be significantly reduced, but the Developer has ' also advised the City that with the aid of municipal financing, and resulting low borrowing costs, the Project is economically more feasible; (h) A public hearing on the Project and , the financing program therefor was held on July 22, 1986, after notice was published, all as required by Minnesota Statutes, Section 462C.05, subd. 5, at which public hearing all those appearing at said hearing who desired to speak were heard and written comments were accepted and considered; ( i) No public official of the City has either a direct or indirect financial interest in the Project nor will any public official either directly or indirectly benefit financially from the Project ; ' (j ) The Developer has submitted to the HRA a form of Memorandum of Understanding executed by the Developer, expressing certain understandings by and between the HRA aMd the Developer pertaining to the Project, and the financing therefor. ' NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Saint Paul, Minnesota, as follows: I 1. The City hereby gives preliminary approval to the propo �al of the Developer that the City undertake the Project, describe above, and the program of financing therefor, pursu nt to Minnesota Statutes, Chapter 462C, consisting of the , ' , ' /,7r �p -rj��o �:�- acquisi ion of land and improvements and rehabilitation thereof for use s multi-family rental housing facilities within the City u uant to the Developer' s specifications and to a reven e greement between the HRA or Board and the Developer on such e s and conditions with provisions for revision from time o ime as necessary, so as to produce income and revenues suffici t to pay, when due, the principal and interest on the Bonds i the total principal amount of approximately $500,000 to be i ued pursuant to the Act to finance the acquisition, const' u ion and equipping of the Project ; and said agreement may a s provide for the entire interest of the Developer there 'n o be mortgaged to the purchasers of the Bonds, or a trust e or the holder(s) of the Bonds; and the City, acting by and thr gh the HRA or Board, hereby undertakes preliminarily to issu its bonds in accordance with such terms and conditi s; 2. At the option of the HRA or Board, the financing may b ructured so as to take advantage of whatever means are avail b and are permitted by law to enhance the security for, or marke ability of, the Bonds; provided that any such financi structure must be consented to by the Developer. 3. On the basis of information available to the City it ap e s, and the City hereby finds, that the Project consti- tutes a ulti-family housing development within the meaning of subdi is'on 5 of Section 462C.02 of the Act; that the Project will be rimarily occupied by persons of low or moderate income; he availability of the financing under the Act and the willi gn ss of the City to furnish such financing will be a subst nt' al inducement to the Developer to undertake the Proje t, and that the effect of the Project, if undertaken, will e o encourage the provision of rehabilitated multi-fa ily rental housing opportunities to residents of the City, to assist in the redevelopment of blighted and marginal land and to promote more intensive development and use of land withi t e City; 4. The Project, and the program to finance the Proje t y the issuance of revenue bonds, is hereby given prelimin ry approval by the City subject to the approval of the financin program by the Minnesota Housing Finance Agency ( "MHFA" ) and subject to final approval by the HRA or Board, the Devel pe and the purchasers of the Bonds as to ultimate detai s f the financing of the project; . � � , , � �,� �� -�9� . . 5. Pursuant to Chapter 72, Saint Paul, Minnesota, Aminilst ative Code, the City hereby authorizes and directs The Housing and Redevelopment Authority of the City of Saint Paul, Minnelso a (the "HRA" ) to issue the housing revenue bonds to finanlce the Project and to take all actions necessary or desir�ab in connection therewith, and no further approval or authori tion of the City shall be required; provided that the HRA m�ay, in its discretion, authorize the Board to issue the BondsI a to implement the program approved hereby, and the City he by consents thereto; 6. In accordance with subdivision 5 of Section 462C.05, Minnesota Statutes, the Executive Director of the HRA is he�e authorized and directed to submit the program for finan�in the project to MHFA, requesting its approval, and other of icers, and employees and agents of the City and HRA are h�re y authorized to provide MHFA with preliminary infor�jnat on as it may require; 7. The Developer has agreed and it is hereby deter�in d that any and all costs incurred by the City, the HRA or th B ard in connection with the financing of the Project wheth�r r not the project is carried to completion and whether or not� a proved by MHFA will be paid by the Developer; 8. Briggs and Morgan, Professional Association, actin� a bond counsel, and such investment bankers as may be select�ed by the HRA or Board, are authorized to assist in the preparat on and review of necessary documents relating to the Projec�t nd the financing program therefor, to consult with the City A�tt rney, Developer and purchasers of the Bonds (or trust e or the purchasers of the Bonds) as to the maturities, inter�st rates and other terms and provisions of the Bonds and as tolth covenants and other provisions of the necessary document and submit such documents to the HRA or Board for f inal lap roval; I 9. Nothing in this Resolution or the documents prepar�ed ursuant hereto shall authorize the expenditure of any munici�a funds on the Project other than the revenues derived from t�e roject or otherwise granted to the City, the HRA or the Bo r for this purpose. The Bonds shall not consitute a chargel, 'en or encumbrance, legal or equitable, upon any proper�ty r funds of the City, the HRA or the Board except the revenue d proceeds pledged to the payment thereof, nor shall the Ci�y, the HRA or the Board be subject to any liability , WHITE „- CITV CLERIYC PINK� - FINANCE GITY OF SAINT PAiTL Council � y/�y/� � LAIVARY - pEPARTMENT � Flle NO. �L _ ! / � BLt7E � - MAVOR � Council ' Resolution Presented By ReferrediTo Committee: Date Out of Cqmm ttee By Date ther o . The holder of the Bonds shall never have the right to comp�el ny exercise of the taxing power of the City or HRA to pay th outstanding principal on the Bonds or the interest ther�eo , or to enforce payment thereon against any property of the i , the HRA or the Board, except such property as may be expr�es y pledged for the security of the Bonds. The Bonds sha1X cite in substance that Bonds, including the interest ther�o are payable solely from the revenue and proceeds pledge to the payment thereof. The Bonds shall not constitute a de t f the City or HRA within the meaning of any cons�it tional or statutory limitation. 10. In anticipation of the approval by MHFA and the issu�nc of the Bonds to finance all or a portion of the Proj�ct and in order that completion of the project will not be u du y delayed when approved, the Developer is hereby auth�ri ed to make such expenditures and advances toward paym�nt of that portion of the costs of the Project to be finar�ce from the proceeds of the Bonds, as the Developer cons�de s necessary, including the use of interim, short-term fina ci g, subject to reimbursement from the proceeds of the Bond� i any when delivered but otherwise without liability on the ar of the City, the HRA or the Board. COUNCILM N Requested by Department of: Yeas �_ �Na ��� Masanz [n Favor Nioosia 8af�etbel+ Sonnen � _ AgBinst BY Tedesco � JUL 2 2 Adopted by Council:l Date �� Form Appro by City tto y Certified Pa. .il Sec a BY t\p ve by 14avor. , Da J`�' 2 3 17VU Pr y Mayor for Submis i to il B B' UBUSHED �U G � 1�� PEO H si , DEPA#rTMENT ����� N� 05'730 � Gar lt r CONTACT 7494 . 59. PHONE _ . DATE Q� Q Q � . _ IGN NUMBE.R . : UTING ORDER Cli Al1 Locations for Si aature : partment ir tor �' 4 Director of Management/Mayor Finance an Ma gement Services Director '- 5 City Clerk udget, Di r� te ' � ty AttAr y J.i m Hart) HAT WILL BE A IE D BY TAKING ACTION 0N THE ATTACHED MATERIA�:S? (Purpose/ Rationale) : � Prelir� na apprnval to issue privately p1aced tax exempt rental housing reYen� o igatfon(s) for 614 Selby Pro�ect {commercial and 14 rentaT units) I � Cs� ��P , �,-� � � . COST BENEFIT B D6 ARY AND PERSONNEL IMPACTS ANTICIPATED: � I i Oevelo� er ays all HRA/PEO fees t . ' � ; , ; FINANCING SOURC BUDGET RCTIVITY NUMBER CNARGED OR CREDITED: (Mayor's signa- ture not re- Total Amountl f ' ransaction: quired if under . ; _ � ��o,000� Funding Sour : i N/A . � Activity Num r• • ATTACHMENTS Li a d Number All Attachments : � '. City un '1 Resolution � - . � ; : . , I , j ' , � � . , DEPARTMENT REVI CITY ATTpRNEY REYIEW X Yes No nc 1 Resolution Required? (attached) ' Resolution. Required? Yes No Yes �No I� ur nce Required? Insurance Sufficient? ,�fes No Yes �No I ur nce. Attached: � ; . i (SEE •REVERSE SIDE FOR INSTRUCTIONS) � � Revised 12/84 i . i � i I , . (I C �- �9� . `�n�: � ; I � � I CITY OF SAINT PAUL I INTERDEPARTMENTAL MEMORANDUM DATE• � JULY 3, 1986 T0: ALBERT OLSON FROM: I SHERI PEMBERTON, DEPT. OF PED � SUBJE�T: CITY COUNCIL PUBLIC HEARING FOR JULY 22 , 1986 Attack�ed s a copy of the Public Hearing , which was published in the St. P 1 egal Ledger and the St. Paul Pioneer Press and Dispatch on S atur�ay July 5., 1986. Pleas� p ce this Public Hearing on the City Council Agenda for Tuesday, July 22 , 986. A City Council Resolution will be forwarded to you by the City ttorney's Office , prior to the City Council Meeting. Thank lyou SAP:rmlf � At t acY�nen I �� � � cc: Beck Hartman, Gary Peltier . N I �� I � � I i � I � � � � r ff➢ '+`s :? ^�3 "._..� '�'1 I I - �E� � ,�- rn ;i � v _�__� ��,� I ,�. ..� __..�.Y,. �'� C'«�7 tT1 CT7 I I _ � . �v,,C �-��� S6�E ��, NOTICE OF PUBLIC HEARING ON ;r';� PROPOSAL FOR A PROGRAM TO FINANCE A MULTI-FAMILY RENTAL HOUSING DEVELOPMENT i (614 SELBY PROJECT) To wh it may concern: Notice is hereby given that the City Council of the Cit�y f Saint Paua., Minnesota will m�et in the City Council Chamb rs at the City Hall in the City of Saint Paul, Minnesota at� 10 o'clock a.m, on July 22 , 1986, to consider the pr po al of the •Developer" identified below (the "Developer" ) th t he City undertake a program to finance the development he�ei after described, pursuant to the City's housing plan un�er Minnesota Statutes, Chapter 462C, by the issuance of re en e obligations. i The Development The development consists of the acquisition and rehabilitation of an existing building for use as a multi-family rental housing I development of approximately 14 residential rental units located at 614 Selby Avenue in i Saint Paul, Minnesota. Not less than 258 of the units in the development will be occupied by persons or families whose income is 80$ or less of the median income (adjusted for family size) for the St. Paul area as I determined by the Un�ted States Department of Housing and Urban Development or not less than 2U$ of the units in the development will I be occupied by persons or families whose • income is 70$ of inedian income (adjusted for family size) . Total approximate development I casts to be �pproximately 51 , 100 ,000. The Develop�nent will be owned and operated by I Greg Hotzler, Paul Sween, Mark Sween, Leo Gadbois and CEA Real Estate, Inc. or a partnership or other entity to be formed in Which those persons or entities will be general partners. Non-housing components will be included within the developcnent but all (90$) of the facilities financed by bonds or other obligations will consist of rental housing and functionally related facilities. I . . . � �_��� ' The estimated principal amount of bonds or other obli- gati s to be issued to finance the Development will be ap' r imately $SOO,OOU. The bonds or other obligations may be 'rs u by the Minneapolis/Saint Paul Housing Finance Board (the "B a ") or by the Housing and Redevelopment Authority of the Ci y f Saint Paul, Minnesota (the "HRA" ) . I Said bonds or other obligations, as and when issued, wi 1 ot constitute a charge, lien or encumbrance upon any pr p ty of the City, the HRA or the eoard except the De e pment and the revenues to be derived from the De e pment. Such bonds or obligations will not be a charge ag i t the City's or HRA' s general credit or taxing powers but are yable from sums to be paid by the owner of the Deve pment pursuant to revenue agreements. Further information concerning the Development, and th inancing programs therefor, may be obtained from the Ho s ' g Division, Department of Planning and Economic De e pment, City Hall Annex - 12th floor, 25 West 4th Street, St. ul, Minnesota 55102 (telephone 292-1577) . At the time and place fixed for the public hearing, th ity Council of the City of Saint Paul, Minnesota will gi e all persons who appear at the hearing an opportunity to ex r s their views with respect to the proposal. Written co ts will be considered if submitted to the Housing Divi ion on or prior to the date of the hearing. Dated this 3rd day of July , 1986 . (BY ORDER OF THE CITY COUNCIL OF THE CITY OF SAINT PAUL, MINNESOTA) , By ALBERT OLSON City C er I