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85-1109 `NHITE - C�7V CLERK PINK � - FINANCE G I TY OF SA I NT PAU L Council CANARV - DEPARTMENT ryry BLU� ..j MAVOR File NO• _//� ` 1 � �� � Cou i ol ion Presented By Referred T Committee: Date Out of Com ittee By Date RESOLUTION RECITING A PROPOSAL FOR A FI ANCING PROGRAM FOR A MULTI-FAMILY RENTAL OUSING DEVELOPMENT, GIVING PRELIMINARY PPROVAL TO THE PROJECT AND THE PROGRAM PURS ANT TO MINNESOTA STATUTES, CHAPTER 462C, AU HORIZING THE HOUSING AND REDEVELOPMENT AUT ORITY OR HOUSING FINANCE BOARD TO ISSUE HO SING REVENUE BONDS AND AUTHORIZING THE SUB ISSION OF FINANCING PROGRAM FOR APPROVAL TO THE MINNESOTA HOUSING FINANCE AGENCY AND A THORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE SAID PROJECT AND PROGRAM (SCENIC CREST APARTMENTS PROJECT) WH REAS, (a) Minnesota Statutes, Chapter 462C (t e "Act') confers upon cities, or housing an redevelopment authorities or port au orities authorized by ordinance to ex rcise on behalf of a city the powers co ferred by the Act, the power to issue re nue bonds to finance a program for the pu oses of planning, administering, making or urchasing loans with respect to one or mo multi-family housing developments within the boundaries of the city; COUIVCILMEIV Requested by Department of: Yeas Nays Fletcher °'ew [n Favor Masanz Nicosia Schelbel __ Against BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by C neil Secretary BY---���d�/' gy, t#pproved by 1Vlavor: ate Approved by Mayor for Submission to Council By By ,� " �� �'S /���` . , (b) The Housing and Redevelopment Au hority of the City of Saint Paul, i Mi nesota (the "HRA" ) has been designated, by or inance, to exercise, on behalf of the City of St. Paul, Minnesota (the "City" ) the po ers conferred by Minnesota Statutes, Se tion 462C .01 to 462C.08 ; � (c) The HRA and the Minneapolis Co unity Development Agency (the "CDA" ) have ' en ered into a Joint Powers Agreement dated De ember 1, 1984 creating the Mi neapolis/Saint Paul Housing Finance Board (t e "Board" ) , which is authorized to i ex rcise on behalf of the HRA and CDA and the Ci ies of Minneapolis and St. Paul the powers � co ferred by the Act; (d) The City has received from Gary He enes, David McGuire, Wayne Rixmann and Ken , No dling (jointly, the "Developer" ) a i pr posal that the City undertake a program to , fi ance a Project hereinafter described, th ough the issuance of revenue bonds or ob igations (in one or more series) (the "B nds" ) pursuant to the Act; (e) The City desires to: facilitate th development of rental housing within the co unity; encourage the development of af ordable housing opportunities for re idents of the City; encourage the de elopment of housing facilities designed fo occupancy, in part, by low income persons � an families; and encourage the development � of blighted or underutilized land and i st uctures within the boundaries of the City; � an the Project will assist the City in I ac ieving these objectives. (f) The Developer is currently engaged j in the business of real estate development. Th Project to be financed by the Bonds is th acquisition and rehabilitation of a mu ti-family rental housing development of ap roximately 108 rental units together with fu ctionally related facilities located on . . (!�-�s-//0 9 i ' � ' Ru h Street or Hudson Road in the City of St. Pa 1, and consists of the acquisition of bu ldings and equipment and the re abilitation thereof which will result in th provision of additional decent, safe and sa itary rental housing opportunities to j pe sons within the community; (g) The City has been advised by re resentatives of the Developer that con- ve tional, commercial financing to pay the ca ital costs of the Project is available i on y on a limited basis and at such high ! co ts of borrowing that the economic fe sibility of operating the project would be si nificantly reduced, but the Developer has al o advised the City that with the aid of mu icipal financing, and resulting low , bo rowing costs, the Project is economically mo e feasible; (h) A public hearing on the Project and - th _ financing program therefor was held on ''� - Se tember 20 , 1985 , after notice was ' pu Jished, all as required by Minnesota St tutes, Section 462C.05 , subd. 5, at which pu lic hearing all those appearing at said he ring who desired to speak were heard; ( i) No public official of the City has ei her a direct or indirect financial in erest in the Project nor will any public ! of ieial either directly or indirectly be efit financially from the Project: I (j ) The Developer has submitted to the H a form of Memorandum of Understanding ex cuted by the Developer, expressing certain un erstandings by and between the HRA and the , De eloper pertaining to the Project, and the � fi ancing therefor. NO THEREFORE, BE IT RESOLVED by the City Council of t e City of aint Paul, Minnesota, as follows: � I � � • � ���—irc�� . 1. The City hereby gives preliminary approval to the pr posal of he Developer that the City undertake the Project, de cribed ab ve, and the program of financing therefor, pu suant to innesota Statutes, Chapter 462C, consisting of the ac uisition nd rehabilitation of multi-family rental housing fa ilities w' thin the City pursuant to the Developer's sp cificatio s and to a revenue agreement between the HRA and th Develope on such terms and conditions with provisions for re ision fro time to time as necessary, so as to produce in ome and r venues sufficient to pay, when due, the principal an interest on the Bonds in a total principal amount not to ex eed $3,00 ,000 to be issued pursuant to the Act to finance th acquisit'on and rehabilitation of the Project; and said ag eement ma also provide for the entire interest of the �e eloper th rein to be mortgaged to the purchasers of the Bo ds, or a rustee for the holder(s) of the Bonds; and the Ci y, acting by and through the HRA or the Board, hereby un ertakes p eliminarily to issue its bonds in accordance with su h terms a d conditions; 2. At the option of the HRA or Board, the financing ma be struc ured so as to take advantage of whatever means are av ilable an are permitted by law to enhance the security for, or marketabi ity of, the Bonds; provided that any such fi ancing st ucture must be consented to by the Developer. 3. On the basis of information available to the City it� appears , nd the City hereby finds, that the Project consti- tu es a mult'-family housing development within the meaning of su division of Section 462C.02 of the Act; that the Project wi 1 be occu ied in part by low income persons and in part by lo or moder te income persons; the availability of the fi ancing un er the Act and the willingness of the City to fu nish such financing will be a substantial inducement to the De eloper to undertake the Project, and that the effect of the Pr ject , if ndertaken, will be to encourage the provision of ad itional m lti-family rental housing opportunities to re idents of the City, to assist in the redevelopment of bl ghted and arginal land and to promote more intensive de elopment nd use of land within the City; 4. The Project, and the program to finance the Pr ject by t e issuance of revenue bonds, is hereby given pr liminary pproval by the City subject to the approval of the fi ancing pr gram by the Minnesota Housing Finance Agency ( " HFA" ) and subject to final approval by the HRA or Board, the De eloper an the purchasers of the Bonds as to ultimate de ails of t e financing of the project; - - i , ' . (���-��Q q � 5. Pursuant to Chapter 72, Saint Paul, Minnesota, Am nistrativ Code, the City hereby authorizes and directs The Ho sing and edevelopment Authority of the City of Saint Paul, Mi nesota (t e "HRA" ) to issue the housing revenue bonds to fi ance the roject and to take all actions necessary or de irable in connection therewith, and no further approval or au horizatio of the City shall be required; provided that the HR may in i s discretion authorize and direct the Board to is ue the Bo ds and the City hereby consents thereto; 6. In accordance with subdivision 5 of Section 46 C.05, Min esota Statutes, the Executive Director of the HRA is hereby aut orized and directed to submit the program for fi ancing the project to MHFA, requesting its approval, and otmer office s, and employees and agents of the City and HRA ar hereby authorized to provide MHFA with preliminary in ormation as it may require; 7. The Developer has agreed and it is hereby de ermined that any and all costs incurred by the City or HRA in connectio with the financing of the Project whether or not th project i carried to completion and whether or not ap roved by HFA will be paid by the Developer; 8. Briggs and Morgan, Professional Association, ac ing as bo counsel, and such investment bankers as may be se ected by t e HRA or Board with the consent of the Developer, ar authorize to assist in the preparation and review of ne essary doc ments relating to the Project and the financing pr gram therefor, to consult with the City Attorney, Developer an purchaser of the Bonds (or trustee for the purchasers of th Bonds) as to the maturities, interest rates and other terms an provision of the Bonds and as to the covenants and other pr visions of the necessary documents and submit such documents to ! the HRA or Board for final approval; � 9. Nothing in this Resolution or the documents pr pared purs ant hereto shall authorize the expenditure of any mu icipal fun s on the Project other than the revenues derived fr m the Proj ct or otherwise granted to the City, HRA or Board fo this purp se. The Bonds shall not consitute a charge, lien or encumbranc , legal or equitable, upon any property or funds of the City, RA or Board except the revenue and proceeds pl dged to th payment thereof, nor shall the City or HRA be su ject to an liability thereon. The holder of the Bonds sh 11 never h ve the right to compel any exercise of the taxing po er of the ity or HRA to pay the outstanding principal on i WHITE � - CITV��LERK PINK -�FINANCE GITY OF SAINT PALTL Council . CANARV - DEPARTMENT File NO• /�S//D� BLUE r MAVOR � = Co nc ' e lut 'on Presented By Referred T Committee: Date Out of Com ittee By Date th Bonds or the interest thereon, or to enforce payment th reon agai st any property of the City, HRA or Board. The Bo ds shall ecite in substance that Bonds, including the in erest the eon, are payable solely f rom the revenue and pr ceeds ple ged to the payment thereof. The Bonds shall not co stitute a debt of the City or HRA within the meaning of any co stitution 1 or statutory limitation. 10. In anticipation of the approval by MHFA and the is uance of he Bonds to finance all or a portion of the Pr ject, and in order that completion of the project will not be unduly de ayed when approved, the Developer is hereby au horized t make such expenditures and advances toward pa ent of t at portion of the costs of the Project to be fi anced fro the proceeds of the Bonds, as the Developer co siders ne essary, including the use of interim, short-term fi ancing, s bject to reimbursement from the proceeds of the Bo ds if any when delivered but otherwise without liability on th part of he City, HRA or Board. 11. The Developer may assign its rights hereunder and un er the Me orandum of Understanding on the terms and co ditions e pressed in the Memorandum of Understanding. Ad pted by the City Council of the City of Saint Pa 1, Minnes ta this day of September, 1985. COUNCILMEN Requested by Department of: Yeas � Nays � Drew Irt FBVOi Masanz Nicosia scheibe� __ Against BY Tedesco Wilson Adopted by Council: Date AUG 2 0 1985 Form Approved by City Attorney Certified Pass d uncil S t y By ���-v ' � By ` Approve y � avor. ate A�1G 2 3 1985 App y Mayor for Submi By _ PUBUSHED Al}� 3 � 1g8'S � �� � � � . DE PARTMENT ' � //B�' N� 19 2 6 �0�t �nC • � CONTACT � � �y� -/S�7 �-b PHONE � � 6 .S � DATE 1 ��� '`�. F� , ' �� ASSIGN NUMBER FOR OUTING ORDE Cli Al1 Locations for Si nature : � Department Dir ctor � Director of �Managemen��Pl�y�rTORN�Y Finance and Ma agement Ser ices Director City Clerk Budget Di recto �'J,� ` ?-� � � 2 City Attorney WHAT WILL BE ACHIE ED BY TAKIN ACTION ON THE ATTACHED MATERIALS? (Purpose/ , � � , ,a Rationale) • � . �eSa�U��o-� � h a� �2 �ie �.� ,H�Y�; a��r d�wt � �� �7�i� iss� e Q � ,b�a�s��-� �e � ��t I„ � � - L ' ^ Lo � dr/lt�.E'�S �/S /'L � �/ 1'1 U--e ��u��S ��' f � �� t r� �/ S /�' t �" �-l" 'r '`�(1��; � . i... !y7'. �,•'l,;.ia�. _ COST/BENEFIT BUDG TARY ANQ PE SONNEL IMPACTS ANTICIPATED: � �� '�" ' � ��,'�s o�f'���`� Z-d �� �c �i�sf,o�; � -�� r��� ;l� � �i� � /4� � D; ; � . , � <�l . 6 �</���1 � ��� ���'��� ����� �'��,/�S- w� l -� _ . FINANCING SOURCE A D BUDGET AC IVITY NUMBER CNARGED OR CREDITED: (Mayor's signa- ture not re- Total Amount ofllTransaction ;-, _ -,-�� ' ; quired if under � ; $10,000) Funding Source: I ��j'i;;; � � �,�3�� � Activity Number� ATTACHMENTS List nd Number Al1 Atta.chments : �IJ,,��,C� �� /�Q���� r /V /��� d�!/��O ti �--- � DEPARTMENT REVIEW CITY ATTORNEY REVIEW �Yes No Coun il Resoluti n Required? Resolution Required? �Yes No Yes No Insu ance Requir d? Insurance Sufficient? Yes No Yes No Insu�ance Attach d: � (SEE EVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 � � . � i ' � ` . I � � C��d'� —��p 9 . ��y �Os CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM , DATE: AUGUST , 1985 T0: ALBERT LSON, CITY CLERK FROM: SHERI P MBERTON, DEPT. OF PED ,d.P SUBJ CT: CITY CO CIL PUBLIC HEARING FOR AUGUST 20, 1985 � Attac�hed is a cop of the Publ.ic Heari.ng Notice , which was p�blished in thle St. Paul L gal Ledger az�d the St. Paul Pioneer Press and Dispa�tch on Satur ay, August 3, 1985. Please place this Public Hearing on the City Council Agenda for Tues ay, August 2 , 1985. A City Council Resolution will be forwarded to y u by the Cit Attorney's Office, prior to the City Council Meeting. Than you. SAP: f Atta ment cc: ecky Hartm , Tom Sanchez �I •, � ��.�s=`�° q NOTICE OF PUBLIC HEARING ON PR POSAL FOR A PROGRAM TO FINANCE A MULT -FAMILY RENTAL HOUSING DEVELOPMENT ( CENIC CREST APARTMENTS PROJECT) To whom it may co cern: Notice ' s hereby given that the City Council of the City of Saint Pau , Minnesota will meet in the City Council Chamber at the C' ty Hall in the City of Saint Paul, Minnesota at 10: 00 o clock a.m on August 20, 1985, to consider the proposal of GARY HEGENES, AVID McGUIRE, WAYNE RIXMANN & REN NORDLING (the "Develo er") that the City undertake a program to finance the develop ent herei after described, pursuant to the City's housing plan un er Minnes ta Statutes, Chapter 462C, by the issuance of revenue obligatio s. The Dev lopment The dev lopment consists of the acquisition and reh bilitation and equipping of a 74,214 square oot (approximately) multi-family • rental ousing development of approximately -� 108 res dential rental units located at Ruth an Hudson Road in Saint Paul, Minneso a. Not less than 20� of the units in the evelopment will be occupied by persons of low income, a category presently defined under federal law to mean persons or familie whose income is 80$ or less of the median ncome (adjusted for family size) for the St. Paul area as determined by the United States epartment of Housing and Urban Develop ent. Total approximate development costs o the Project will be approximately $3,360, 00. The Development will be owned and ope ated by the Developer or a partner hip or other entity to be formed in which t e Developer or its principals will be general partners. Non-housing components may be 'ncluded within the development but substan ially all (90�) of the development will co sist of rental housing and functio ally related facilities. The est 'mated principal amount of bonds or other obli- gations to be iss ed to finance the Development will be approxi ately $3, 00,000. The Bonds or other obligations may be issued y the Min eapolis/Saint Paul Housing Finance Board (the "Board") or by th Housing and Redevelopment Authority of the City o Saint Pau , Minnesota (the "HRA") . 1 , �. � � ��,���09 Said bon s or other obligations, as and when issued, will not constitut a charge, lien or encumbrance upon any pro- perty of the City, the HRA or the Board except the Development and the evenues t be derived from the Development. Such bonds or oblig tions wil not be a charge against the City's or HRA`s general redit or axing powers but are payable from sums to be paid by he owner f the Development pursuant to revenue agreemen s. Further ' nformation concerning the Development, and the financi g programs therefor, may be obtained from the Housing Divisio , Departme t of Planning and Economic Development, City Hall An ex - 12th loor, 25 West 4th Street, St. Paul, Minnesota 55102 ( elephone 292-1577) . At the time and place fixed for the public hearing, the City Co ncil of the City of Saint Paul, Minnesota will give all persons who appear at the hearing an opportunity to express their views w'th respect to the proposal. Written comments will be conside ed if sub itted to the Housing Division on or prior to the dat of the hearing. . Dated t is lst day of Auaust, 1985. (BY ORDER OF THE CITY COUNCIL OF THE CITY OF SAINT PAUL, MINNESOTA) BY s/Albert Olson City Clerk 2 . • � ��'�-,io� �-� ��t� ,, '+ . CITY OF SAINT PAUL DEPARTMENT OF PLANNING AND ECONOMIC DEVELOPMENT o = a DIVISION OF DOWNTOWN DEVELOPMENT a �==j��i�u a' 25 West Fourth Street,Saint Paul,Minnesota 55102 �o ^° 612-292-1577 +�s. GEORGE UTIMER MAYOR St, aul Dispatc and Pioneer Press August 1, 1985 345 edar St. St. aul, MN 55 O1 Atte tion: Rose ary Frank , RE: LEGAL NOTICE NOTICE OF PUBLIC HEARING ON PROPOSAL FOR A PROGRAM TO FINANCE A MULTI-FAMIZY RENTAL HOUSING DEVELOPMII�IT ; (SCENIC CREST APARTMENTS RENTAL HOUSING) Gent emen: Att ched is a No ice of Public Hearing on a Proposal for a Programl to Fin ce a Multi- amily Rental Housing Development (Scenic Crest Ap�t- ment Pro�ect) . Ple se publish t is Notice in the St. P aul Pioneer Press and Disp atch for Saturday ,. Au ust 3, 1985. If ou have any uestions , please do not hesitate to contact me at 292 1577 , extens on 231. Sin erely, Ct. �J'�� She yl A. Pembe ton Rea Estate Adm istrator SAP rmf Att chment - . , . , L�'� �'�=-�/09 . .�, .�'�T�p K^� ._��. • . . V .� . .._.. �L ���t.'�_.�.�Y} .A�KC;..T� ..M . . : �. . . Itfr.° - • , �/� '�q�� ��ff ` ;;..�Aa � �.� ... ., . ..� AV��701'aL'iV��i����� ��w �� 4� aF� y� . ' ��� � �a� . ��� �'�� ��: �. _ t . �� S r (SC�iIC CRL�3T Al.I�1L'!'�IIEN'1'�PR4JF.C'� � ;j � '� ' .; _a`�e ..�. � _ , ��R� . . . �t . . To wti��r if maq caicern• ° _ _. .�=� ~ • . .'� °- . >�-;:s,� r :: ' Nntice,is he Y given that t�e �ity f�a►�ncil of fhe: � , °� �_ G�+li!`�t �il1,'. Miniiesota will eet fn the City Council.Charnbers at the City�Ial��#�tp . n�,> Sai�t Pa��. , .a.�aw`a i4 t 20,� �fi��a���: . � ��Po�o G� NES. - �����(t �veloper")that.the Gitq under'take a�ppt���� develoP�t ter d bec�.putsuast�1ao,the Cit3►;��.��a�;�p;�er Minae�a StsiY� �,,Ctia�te�C;by.th��stkt�q�,,Qt.�'e,y��uuq�li�t#,ioua� •-;�: The Dev�1 t .. .�,- . ,�'.., . . ;� - _ . " -Tt�-ste- � �t �ts ae.t���a isrt�o�€ �ia_���t�"� = ; ,���� - �<�- � ���� t� .� . .__ ' - �t tl� ��1�� -- -- � Iii, . �r�� �fbrawM�lV�t -- a�i����i��i► _ . ,-- .�-�.�(' ?"- ��.�_����+�.�__ r, � m for family s )for the St:Paui area as determined by the gtes ''�"`' D�rner�t,� 4.�Iousiag �qd-�n Developa�eat. Totsi a�s�o � ��deve�opme�#; , oi the Pra�eet wiil be appro�eimately i3.380,�• �- , Developma�nt will be o�� and operated by E8e Develbper or a � +��� >���ed�-w "a-. �.�Uerek?�';oss:�t�; =`���" � ls�get��"P� V� ,inpow ,�g: - incluaad the deretopment .btit`su�trt���a�1pC���).�� ' ' t�tvelopment wiil consist of i�ental fiouain� anc�: 3�'i� 'lat iacilities. �r•;- , �>. , The estima P�P��t-of�borsda rmot�er obligatios�s to be iasued to �he Deve t wiA be#3 OQD�0(1., e, ds or a��;o t �ssued by the po lis/Sai�E�"at��`H" " � �Vairdi r the Housing aad Redevelopmeat Authorl of Eh@ Gi :tth�': ►•�- �`.F, . °� °i ��t``� ,�1. • ,.:� �..fi� , �� � :+ _'`'?; .{��as' �t�o��diget�ot3�','�; t�'� „� , ' , - . 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