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84-1668 WHITE - CITV GLERK • BLUE • - MAVOR E GITY OF SAINT PAUL Council v CANARV - OEPARTMENT , File N 0. ou cil Resolution , Presented By Referred To Committee: Date Out of Committee By Date RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTI-FAMILY RENTAL HOU5ING DEVELOPMENT, GIVING PRELIMINARY APPROVAL TO THE PROJECT AND THE PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AUTHORIZING THE HOUSING AND REDEVELOPMENT AUTHORITY TO ISSUE HOUSING REVENUE BONDS AND AUTHORIZING THE SUBMISSION OF FINANCING PROGRAM FOR APPROVAL TO THE MINNESOTA HOUSING FINANCE AGENCY AND AUTHORIZING THE PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH THE SAID PROJECT AND PROGRAM (J.J. HILL BUILDING 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; COUfVCILME[V Reques artment of: Yeas Nays Fletcher °►8N1 In Favor Masanz � Nicosia SCheibel _ Ag81[1St BY � Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date ���t�� Certified Passed by Council Secretary BY 7A�iG� By, A►pproved by Mavor: Date Approved by Mayor for Submission to Council By _ BY , _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 City has received from Asset Development Services, Inc. (the "Developer" ) a 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; (d) "_'he 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, a portion of which is 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. (e) The Developer is currently engaged in the business of real estate development. The Project to be financed by the Bonds is the acquisition, construction and equipping of a multi-family rental housing development of approximately 103,000 square feet contain- ing approximately 120 rental units located at 281 East Kellogg Boulevard in the Lowertown "area of chronic economic distress", and consists of the acquisition of land and the construction of buildings thereon which will result in the provision of additional rental housing opportunities to persons within the community; 1 . � ���y i���' 4. The Project, and the program to finance the Project by the issuance of revenue bonds, is hereby given preliminary approval by the City subject to the approval of the financing program by the Minnesota Housing Finance Agency ( "MHFA") and subject to final approval by the HRA, the Developer and the purchasers of the Bonds as to ultimate details of the £inancing of the project; and the City further approves the issuance of the bonds as part of a joint HRA and MCDA issue to finance a joint program for the Project and other multi-family rental housing developments or for the Project only; 5. Pursuant to Chapter 72, Saint Paul, Minnesota, Aministrative Code, the City hereby authorizes and directs The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA" ) to issue the housing revenue bonds, alone or jointly with the MCDA, to finance the Project and to take all actions necessary or desirable in connection therewith, and no further approval or authorization of the City shall be required; 6. In accordance with subdivision 5 of Section 462C.05, Minnesota Statutes, the Executive Director of the HRA is hereby authorized and directed to submit the program for financing the project to MHFA or include the Program in the Joint Pro ram authorized by City Council Resolution No.Sy-l37J�, adopted £;r �, 1984 and previously submitted to the MHFA by the HRA and MCDA, jointly, which Joint Program was approved by the MHFA on October 25, 1984, requesting Nff3FA approval, and other officers, and employees and agents of the City and HRA are hereby authorized to provide NIEiFA with preliminary information as it may require; 7. The Developer has agreed and it is hereby determined that any and all costs incurred by the City or HRA in connection with the financing of the Project, or a pro rata share of such costs for a financing for the Project and other projects, whether or not the Project is carried to completion and whether or not approved by MHFA, will be paid by the Developer; 8. Briggs and Morgan, Professional Association, acting as bond counsel, and such investment bankers as may be selected by the Developer with the consent of the HRA, are authorized to assist in the preparation and review of necessary documents relating to the Project and the financing program � , ��y i��� therefor, to consult with the City Attorney, Developer and purchasers of the Bonds (or trustee for the purchasers of the Bonds) as to the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to the HRA for final approval; 9. Nothing in this Resolution or the documents prepared pursuant hereto shall authorize the expenditure of any municipal funds on the Project other than the revenues derived from the Project or otherwise granted to the City or HRA for this purpose. The Bonds shall not consitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City or HRA except the revenue and proceeds pledged to the payment thereof, nor shall the City or HRA be subject to any liability thereon. The holder of the Bonds shall never have the right to compel any exercise of the taxing power of the City or HRA to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City or HRA. The Bonds shall recite in substance that Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment thereof. The Bonds shall not constitute a debt of the � City or HRA within the meaning of any constitutional or statutory limitation. 10. In anticipation of the approval by MHFA and the issuance of the Bonds to finance all or a portion of the Project, and in order that completion of the project will not be unduly delayed when approved, the Developer is hereby authorized to make such expenditures and advances toward payment of that portion of the costs of the Project to be financed from the proceeds of the Bonds, as the Developer considers necessary, including the use of interim, short-term financing, subject to reimbursement from the proceeds of the Bonds if any when delivered but otherwise without liability on the part of the City or HRA. 11. The Memorandum of Understanding provides that the HRA understands and agrees that the Developer may form a partnership or other entity, which new entity will be the owner of the Development. The City Council hereby agrees that the Developer may assign and transfer all its rights, duties and obligations hereunder and under the Memorandum of Understanding to such new entity, and that the HRA shall agree to such assignment or transfer; provided that the HRA's agreement and WHITE - C�TV CLERK PINK i - FINANCE G I TY O F SA I NT PA IT L Council i CANARV - DEPARTMENT (//�(//J '-BLUE - MAVOR File NO. � /r v 1 Council Resolution Presented By Referred To Committee: Date Out of Committee By Date that of the City Council expressed herein extends only to a new entity in which the Developer or its principals are general partners or principals. The Developer has stated in the Memorandum of Understanding that it under- stands and agrees that the Memorandum of Understanding shall be null and void from and after the date of transfer or conveyance if the Developer transfers or conveys the Project, or the Developer's right to develop the Project, to an entity in which the Developer or its principals are not general partners or principals. COUNCILMEIV Requested by De artment of: Yeas fisleher�N y , � � FN � ) °fe1N In Favor Masanz ��Ic�ocia saaatbaF— � __ A ga i n s t BY Tedesco 1Afilew�- Adopted by Council: Date DEC �� 8 19$�r Form Ap oved by City Attorney Certified Pa.s ncil S t BY�e��(.�`./ - �.(///''�'�'� B Appro by Ylavor: te �ECi � � 19a�+ Approved by Mayor for Submission to Council By . PUBLISNED u}�C 2 � 1984 ������� � P�'� �EPART�tENT �1or1��'►'� f�ONTACT �'�/9'S� �-ttf'- a.�"S PHONE r p /02 /3 � DATE 1 ��/� �� (Routing and Explanation Sheet) Ass Number for Routin Order Cli All L�ations for bral Si nature : artment Di rector . . City Attorney Di rector of Management/Ma�yor . Finance and Management Services Director J`�' City Clerk Budget Dir�ctor � �1�7�5'0 . � G�ou�e�lman Sc,he�bel _ What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale);_ 17?u,�.-t�:- �° ' ,�-� ,�,,,.� �� � " .��� . _ l� . . ��-��� /f'.Qixo-✓�tc.o n� �ae u.uu.t,�,�c, g� .1`J. �C .�� rzt a�/ :�, ��o�� - � � U � �o�ee.-� �c,�-c,GQ. .� ,c��-e(.ud.c�G .vx� FN./�,4, �E'.e�:�-C.�a-x� • Fi��dg�tar�ersannel Imp ca ts Mtici�ated:���� � ' C�`CQ.�a-x. QixG� l�G�nt,v� GI.Ce, C'.4-l�<.2�� � ���� G� ���� ���a. Funding Source and Fund ActivitY Number Charged or Credited: Attachments (List and Nur�er all Attachments) : �. e;�� cau,�,� ���a�, DEPARTMENT REVIEW CITY ATTORNEY REVIEI�1 Yes No Council Resolution Required? Resolutian Required? Yes No Yes �lo Insurance Required? Insurance Sufficient? Yes No Yes No Insurance Attached? Revision of October, 1982 1�PP R�vprsP SidP for �Instructions) � - `����� _ ..�� � _._ :Oi CITY OF SAINT PAUL INTERDEPARTMENTAL MEMORANDUM FTLED I�cv �9 i! a� �►�� '�� DATE: NOVEMBER 29, 1984 (;?TY CI.�RK'5 QF�10E T fl�r + 4{ kl' . ,;+ ] /k',�l_� Ii,l�. T0: AL OI,SON, CITY CLERK FROM: SHERI PEMBERTON, DEPT. OF PED �" SUBJECT: CITY COUNCIL PUBLIC HEARING FOR DECII�ER 18, 1984 Attached is a copy of the Public Hearing Notice which was published in the St. Paul Legal Ledger and the St. Paul Pioneer Press and Dispatch on Saturday, December 1, 1984. Please place this Public Hearing on the City Council Agenda for Tuesday, ' December 18, 1984. A City Council Resolution will be forwarded to you by the City Attorney's Office, prior to the City Council Meeting. Thank you. SAP:rmf Attachment Nanc West • cc: Becky Hartman,,. Y , � . . . - � �-�y-i��� 541AA NOTICE OF PUBLIC HEARING ON PROPOSAL FOR A PROGRAM TO FINANCE A MULTI-FAMILY RENTAL HOUSING DEVELOPMENT (J.J. HILL BUILDING PROJECT) To whom it may concern: Notice is hereby given that the City Council of the City of Saint Paul, Minnesota will meet in the City Council Chambers at the City Hall in the City of Saint Paul, Minnesota at 10:00 0' clock a.m� : on December 18 , 1984, to• consider the proposal of Asset Development Services, Inc. (the "Developer" ) that the City undertake a program to finance the development located in the City of St. Paul hereinafter described, pursuant to the City' s housing plan under Minnesota Statutes, Chapter 462C, by the issuance of revenue obligations. THE DEVELOPMENT The Development consists of the acquisition, construction, rehabilitation and equipping of a multi-family rental housing development of approxiinately 103,000 square feet containing approximately 120 rental units located at 281 East Kellogg Boulevard. The Development is located in the Lowertown "area of chronic economic distress" designated as such by the Minnesota Housing Finance Agency. As . required by Federal Iaw, not less than 15$ of the units in the Development will be occupied by persons of low income, a category presently defined under federal law to mean persons or families whose income is 80$ or less of the median income for the St. Paul area as determined by the United States Department of Housing and Urban Development. The Development will be owned and operated by the Developer or a partnership or other entity to be formed in which the Developer will be a general partner or principal. Non-housing components may be included within the Development but substantially all (90$) of the Development will consist of rental housing and functionally related facilities. The estimated principal amount of bonds or other obli- gations to be issued to finance the Development will be $5,900,000. It is anticipated that the Development, together � with certain other rental housing developments, will be _ ��-���� � financed by bonds to be issued, jointly, by the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA") and the Minneapolis Community Development Agency, provided that such bonds may be issued by the HRA alone, or for only the Developanent, if the HRA so determines. Said bonds or other obligations, as and when issued, will not constitute a charge, lien or encumbrance upon any property of the City of Saint Paul, or the HRA except the Development and the revenues to be derived from the Development. Such bonds or obligations will not be a charge against the City' s or HRA' s general credit or taxing powers but are payable from sums to be paid by the owner of the Development pursuant to revenue agreements. Further information concerning the Development, and the financing programs therefor, may be obtained from the Housing Division, Department of Planning and Economic Development, City Hall Annex - 12th floor, 25 West 4th Street, St. PauY, Minnesota 55102 (telephone 292-1577) . At� the time and place fixed for the public hearing, the City Council of the City of Saint Paul, Minnesota will given all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 29th day of November, 1984. , (BY ORDER OF THE CITY COUNCIL OF THE CITY OF SAINT PAUL, MINI�TESOTA) By Albert Olson City Clerk .� /� �'�—��� G� - o�xotica op ro�,tr.as��r �a e�a: � aner�,��ti,�.-� �a ��'A�'� �TO or �•�vill eN conttltute a chsr8e.llm �E 1���T1��, �ncambe�oe up°°�''➢�rtY ot thi CYfy �lAL�011�ifi� � °t 8e'int Psuy, or the HttA exaPt'the � � �aP�t aiid tLe re�r�ea�be derired i�,.t.$111�—T trom,.tir Dev�e�qDment. 3�ch boads•.ar ��. ��11ons wi11.�t bt a cMa�i epiAat the T� Ci�'r-or FIItA•� pnenl credit or tazin�. �hQ�n it�!aU'�Meem:, , a Po�►ees Mtt we p�ble frma'sums to be p�d. l�otlee�s�d►ae.lwt the(�tg� ' DY the owaer ot:6e Developm�t PunuaM to oi the�l;Y of�int p�yi,�(Ieee�ota a�iil akat `' , revmue��, ln the p,�,p���at the GEtJ�1 � , Furtbei; isFarmatloc, conecralag the , ��he#�i o�$Aiut�1,:ltinnqwf�at 14:00 " �'e#oP1�at. md tht IInandn °���� 18,16l4.to coryii� � ;� theref�,�7 be obta3ned from the H'� tha Drcpo�i o�"��Veiapeidnt Servins, � , Diyisiun. Departmmt of Planning a�nd ����?thit46lC[b�m�lltske ` . Economic�DevelcDaient, CitY.Hall AnceR- ,' a vz'ote.m to fforlNl,y„�},,,elopenedtlqeatad ! Isn� noor, �S west !tn 34reee.`st. Paul; � in the City o�aR�,p�n!�!daitfer dtsctibad. , � ;x�otit'bJltl�(tekpqp�p�py_}�y w+rnwat w ma pt��s�rlae unaer ac uu 4sme snd vC.rn riaee rar Che puWic. ' ��0�° �.�' l84C. bl;the ' h�rinB:the Cit Council at th�.ptY of 8aint i�o��vF�' Paul. MB+neaota will Y , ��io?na. _ 6�ve al1 yersons who t ��L0�1lEI�T ap�r at the htating an upPortupily ;p . The..Q}vpJ+PAt�t,sopslsts.p� t4e exPrees their vlews_evSth respec� to the ' °�e�dti� �; ri.mueai�n , p,ovo�a., . �'� `�l� �.�milj�i Dated thls�lth day oi November,19M. ,. �� . , d3 eDPraodmate� (@Y OBDE�1t OF� ': tlil;`9ie �a ' - CiT7f qottxGq,;., ���mf4s eloeapta ai ' OF T C1TY QF SAiNT PAUL,- "t�n rasr'itsllo��tson�ewra: T�e ` 1uUri��rAi `: �P�1itltls 1ilrlia la t�le LnweKoMn • aY:AI.BERT Qb$ON; . � '.' "a�ea'of dtr�t"�ic dtetress'• . City�►�rk ", . �4ated 1� !W!� b� thr I@nnaote' . ° (Drcemaer l.}9Bf) _ �fl�ieoi�Yee�:Ar r.q„i,.d liy !�k 1iw,el�dClerrfl�a f5'.6 oltbeio�b • ln Qie�wat�roee�}�,y� . .;_ Peiebns �st' aliY lncbme: � at�ory . . . '.' p�►��1Y �d nn�!`t't�d�riil tiw tr : . . . . , . . �A�sas�Ir.�wiaelnmmtis , . . . , . . , !0�'r.ot Mp ot;hr aMi�trieaase for t6e —— — - _ _, _ Sk Pad a�+m a d�io�d fiy the i7nited ���nt bR�a�Uriu- Ds�+dapmmt.'pLe Dev�! wlll L,;, owsed atM opeisted g7 t!u Developer or a • �*�A�A er�eRtitt to be formod m vhicd d�a_�dop�;�?ill_ba a seqa'sl,:. , partner or prit�ipal,,DTon-bonstq` mmpaRienta m�y be,�ncluded avithin tye DevelopL'swit but,subsEeintially all(pp�,) of the LieveTopnlmt iefil condst oi rental' housia� end fuectionally' rtlated fadllti6s. 7he atimated�1 amount oi Donds or other o�li[attoqis to be-isnted to.flnance the Development wrill be ;5,900,ppp, It is � anUdpated t�t tRe DeveIopm�t� together wi�h cert�iat otper rental� housiny, develapmenis,p.ill be lSafanced'by bonds`io be isaued, jofntly, bq°_the Housing and , Redevdopm�t Aufbor!!�'cf tLe Clty ui 3sint Pan1. Ymnes�a (the. �•HM•�) and the Mfensapolis Go�muaity De�etopment A�F. Pmvi�l..that�ch bonds may be ��6��bT�hR HAA alooe,�or tor only t6e ��"e�t.;�if tke HRA so deta�mi�s. � � � ����ri��� - . ___ __ _ __ __ _ . , r'= ." The estlmated princfpal:amamt��lbends os ottxr obligati�s to�e iauad to-6nance the Development wi1'.�e =5,�0,0�. It 1s . 116TICS O!lD�L1C��tNN�1 ; antidpated that ttr Deve�apm�t.toLethez , g�(�j�,�4 ���.` wiEh certaiia o er Y$atal hausia* '�S��A�LY , developmmts,wlll Bn�nced by bouds to be ��y,R��d�� ' iasued, joiatly,�.by-tpe Housing snd , RadeVelopmmt Aafhotlt��ot�e City of Saint {T.l.HI�1�M�ep Pq�ti� ffiinnesots <tbe �•HRA")-and the Idlnneapolis Community Development .� Tn w.hom it may oaoeem: �6��F. PitOVided tLat a�h bonda-may 6e � issaed bq the HRM alone, or for ocly t6e : �1s'htrab9 i�wn.that the C�k7 Cowrcil DeveleD�nt�if the HI44 so determilus. . ; ot the pl�ofl4�int PauLNlne�roia�rU�.maet Lt the f�t;ouoetl Ch�bais at�e QtA Ha11 3aid bonds oz otFxr obll`stioas. u-#�d wha�bwed.will net eonslitute s cherge;liett f�►the C�'03 8�3pt Pan4�eaota at 10:00 or m�.vmbrana upon any property of the C4ty o'Clock a.io.ou Deoember IS,1 to con� of Saln! Paul, or tde HAA accept the tn��e�Db�raopK'�ffia tbe c�t,p�� nevelopm�c eaa t!�►xvmwes to be aert,rea fmm the_ Developmeat. Snch bonds os a pae�nm W}lc�qee tlNitvdupmmt ioated pbligatioas wlll not be a charge esainst the in the City a�6t.?aul pnainattez dacribed, Pueswat to-tKe dt7'e LoudnB Dlan �mdv. C�tS's or Iil�►'s gepeeai credit or faxtog - llieedola Statates..(�npter 409C. bY.ttte . �Pdwers but ac+e.DeYeble irau sume to 6e paAd o ���� �_, by the oamer of the Developaxnt pwsuent to" itny�s �,. 1� revmue egseements. �DSY6LOPl[�NT T11e DavElopmsnt ponsiats o� the Fnrtber isformation concezaing the aoQWfdtiao, cemteuction. rehaMlltetioc Developm�ot, md the tinancinB DpE�e thereior,may be obtained frQm the Hous[na M��`�{!a maltl-f�tnibr rmtat Division, Departmeat of P1anNny aad bO°� ���� ����7 $onomic Devebpment,Citq Hall Annex- 1�3,0�3 's�nare` f+�ie� r6ntaicia= 14tL tloor. 25 Wrat"�fi Streef, &. Paul, �pp�dmtbd,�1�"�in6it YINts loptt�d a! Mi�nescffta�il�{teleplfone 4D2-15�. �f BasY"1Es13e�:Satleracrd. The At t6e time anA�lace fixed for tqe public ���������O�O hearing,the City Council of the(Sty of Seint ••siea � Chro�e"K�a�Omi�•dietrasa" Pau4 ����td will give all peraons who Ae�at�d b !we► by'Ib� 18nn�wl� ' ��W l�m��!•.�.��d b7' aPPear at the h�rtng an opportunity to ���,���;�a��b exp�ss thelr views with respect to the fe tt�e IIsvdop�aeat tfiil be'o�ied b� P�seL _ peitoha n!.lsr incoute. a elte`o� . Dat�this 29t6 day of November.1984. pra�enUy d�ned� fedoeal law te' �QR�ER pF THE CITY COUNCIL �e►P�tsms o�'�edtiw wh�e�oom�1s O1Ce�.'HE.C1TY OF SAINT PAUL, N%or lap at�Yb��iaoome for the,. blII�l�¢OTA) 8!.-Pwul are�as da�neA by the iJntta� _BY AI HERT OL3C)1±� 8h0er DqNelmmt ot Ra�atu��'tlrb�nl City Cler& flevelopm�at.The Devdppm�nY wi$=be. owo�d aud opereted by tl►e Developer or a (December i.1964) pai4Mlpl�aset�eatity to be tormed in wWd� fl�t•:AsldOp�' will be a aeneaal 4� partafT o;,psi,aeipal. Nou-6onsing aompoa�let�mny be inetuded�th}n She . . . Devdoyownt but wbstantiell�all(9096) . . .,. . . . of she nevaopmene tivtn conaist ot reneal : , housing aad (unctionally reiated ��•