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275073 ,.•S' . a•. ,. M�HITE — C�TV CLERK COI1flC11 �V�V PINK - FINANCE G I TY OF SA I NT PAU L � � CANARV - DEPARTMENT MAVOR � Flle NO. -�`� - t'JTH Council Resolution Presented By � Referred To Committee: Date Out of Committee By Date RESOLUTION ADOPTING RELOCATION GUIDELINES FOR THE MULTI-FAMILY RENTAL HOUSING DEVELOPMENT PROGRAM WHEREAS, by Resolution CF 273340 adopted July 17 , 1979, the Council of the City of Saint Paul authorized a Multi-Family Housing Finance Program for multi-family rental housing pro;ects under provision of Chapter 260, Laws of Minnesota 1975, Chapters 462A and 462C of Minnesota Statutes and Chapter 72 of the Saint Paul Administrative Code; and WHEREAS, by Administrative Order no. D-5169 approved December 12 , 1979, the Mayor designated the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (HRA) to implement the City' s Multi-Family Rental Housing Development Program and by its Resolution No. 79-12/12-11 adopted December 12, 1979, HRA approved a Master Note Resolution for said Program, including provisions for relocation of tenants displaced by Program projects; and WHEREAS, th ere has been presented ta and considered at this meeting of the City Council a document entitled, "City of Saint Paul Multi-Family Rental Housing Development Program Relocation Guidelines, " dated April 24, 1980 prepared by the Department of Planning and Economic Development which were recommended for approval by the Finance, Management and Personnel Committee May 12, 1980 and by the HRA Board of Commissioners with revisions in Section VI, B through E by Resolution No. 80-5/14-1 adopted May 14, 1980; and WHEREAS, it appears that said Relocation Guidelines implementing Article Five, Section 5-6 of the Program Master Note Resolution COUNCILMEN Yeas Nays Requested by Department of: Butler � Plannin an omic Develo ment Hozza In Favor Hunt Levine __ Against BY Maddox Showalter Tedesco Form Approved by City A orne Adopted by Council: Date Certified Yassed by Council Seeretary By � By� /�pproved by ;Mavor: Date _ Appr by Mayor for Submi ' n �uncil By _ _ B . WHITE - CITV CLERK COURCIl ����/ PINK - FINANCE GITY OF SAINT PAUL CANARV - DEPARTMENT � ' BLUE MAVOR FIIQ NO• � �ty'�tty/JTH . . Council Resolution Presented By Referred To Committee: Date Out of Committee By Date 2. is desirable in minimizing displacement and hardship resulting from the Program, providing service and assistance to displacees in relocating, and giving direction to building owners' developing Program projects in providing relocation assistance. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Saint Paul that the City of Saint Paul Multi-Family Rental Housing Development Program Relocation Guidelines, dated Apri1 24, 1980 , revised May 14 , 1980 , are hereby approved.l COUNCILMEN Yeas Nays Requested by Department of: Hunt � Planning and co mi evelopment �evine In Favor Hu Maddox Le e ��� _ � __ Against BY Ma ox �owalter Sho ter ��� � �UN � 0 1980 Form Approv ity Att ;ney Adopted by ouncil:Wilson Date Certified Yassed by Council Secretary BY � B� '� t�pprov lVlavor: Date �� � �� App by Mayor for Submis ' n t Co ncil . By -- BY n�x� ,!U N 21 1980 � �7��'�3 RESOLUTION N0. 8U-5/14-1 F RESOLVED by the Board of Commissioners of the Housing - and Redevelopment Authority of the City of Saint Paul, Minnesota (HRA) , upon recommendation of the Finance, Management and Personnel Committee, that the City of Saint Paul Mulit Family Rental Housing Development Revenue Program Relocation Buidelines, dated April 24 , 1980, as revised in Section VI, B through E, at this meeting, are hereby approved for submission to the City Council. �:��:: ����� � ` • . , , April 24, 1980 , itevised May 14, 1980 ` � d May 1 y8U ����� CI1'Y OF SAINT F'AUL MULTI-FAMILY RENTAL HOUSING DEVELOPMENT PROGRAM RELOCATION GUIDELWES I. PURPOSE: The Multi-Family Rental Housing Development Revenue Program is to preserve and increase the availability of decent, safe and sanitary housing within the City of Saint Paul. The purpose of these relocation guidelines are to minimize the hardships on existing tenants, and to provide overall direction and guidance to building owners in the treatrnent of the tenants affected by the Revenue Program. II. OBJECTIVES: A. Displace as few tenants as possible. B. Provide suitable housing to existing tenants occupying structures included in the program. C. Treat tenants fairly, consistently and equitably so the tenants will not suffer undue hardships as a direct result of the program. D. Owners will: l. Refrain from evicting tenants of a project in a summary or pre-emptory manner. 2. Provide services and payments to tenants to assist in obtaining suitable housing in accordance with these guidelines. 3. Submit for City review and approval a Relocation Plan and Budget in conformity with these guidelines. 4. Cooperate fully with the City (HRA) in any efforts the City (HRA) makes to: (a) Assist tenants, or (b) Monitor or enforce the provisions of these guidelines. III. GENERAL: A. Application of the Uniform Act: The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) and HUD implementing regulations at 24 CFR Part 42, apply only to acquisitions for a Federal or Federally-assisted project or to acquisitions without Federal financing participation under provisions of Minn. St. Section 117.52. This program does not involve acquisitions for a Federal or Federally-assisted project nor acquisitions within the meaning of Minn. St. Section 117.50; therefore, these laws and guidelines do not require relocation assistance and payments under the Uniform Act. . . . . -2 �'�0�3 ' B. Even though the Uniforrn Act and HUD implenienting regulations do not apply, the City of Saint Paul elects to provide assistance to tenants in accordance with these guidelines. These guidelines and any related expenditures that occur as a result of displacement are appropriate for and cumplimentary to the Community Development f3lock Grant Program. These guidelines will be made available to the public. These guidelines are intended to cornpliment the provisions of the Rent Regulatory Agreement between the Borrower, Lender and HRA, which provisions shall be controlling. C. Owners' Responsibilities: _ 1. To the extent feasible, owners will allow each tenant to remain in continued occupancy. In order to allow for this, temporary housing is a reasonable alternative. Permanent displacement rnust be considered by the owner as a last resort alternative. In any event, owners are responsible for assuring all tenants reirain in or are moved to suitable housing. 2. Owners will work directly with each affected tenant. Owners are responsible for assuring services and payment are provided, in accordance with these guidelines. Owners will prepare and submit to the City for its' review a Relocation Plan and Budget as outlined in para. VI, U. 3. All tenants occupying a siructure to be included in a project will be provided advance and continuing written information by the owner respecting timing of the development and relocation requirements, and if necessary, personal explanation. This information will be sufficient for the tenants to fully understand the reason for any change in their tenancy or displacement. The information will include relocation opportunities and assistance available to the tenants. In all cases, the owner has the responsibility to provide necessary information to the tenants. 4. Owners will maintain tenant records as outlined in para. VI, C. D. T'enants' Entitlement to Relocation Assistance: l. Each residential tenant occupying a structure included in the project, shall to the extent feasible, be allowed to remain in continued occupancy. 2. Each tenant that the owner deterrnines needs to be permanently relocated as a direct result of this program, shall be provided by the owner with relocation services and payments in order to move to suitable housing, as indicated in the owner's Relocation Plan and Budget, and in accordance with these guidelines. .,� �. . , . -3- �� . � - � � �5�`l3 3. Implementin� Guidelines: Tenants are entitled to relocation assistance from the owner if they are relocated, following the closing of the owner's loan for the project. However, an exception to the requirement of the owner providing relocation assistance is when a tenancy is terminated as a result of non-compliance with tf-�e lease or other good cause. E. Suitable Housing: 1. All tenants who are perrnanently displaced will be provided by the owner with addresses or names of rental agents for available rental listings that are suitable for the tenant's needs and within the tenant's ability to pay. 2. Implementin� Guideline in Determining Suitable Housing: (a) The unit will be decent, safe and sanitary and meet basic housing and occupancy codes. Any unit meeting Section 8 housing quality standards, or has received (or in the process of receiving) a Certificate of Occupancy, is acceptable. (b) The unit will be available at a monthly housing cost not to exceed the greater of either (1) 3096 of the tenant's monthly gross income, or (2) w'rthin 10% of the tenant's actual former housing cost. IV. CONTINUED OCCUPANCY: A. If at the owner's determination a tenant is permitted to continue in occupancy upon completion of the Project, the tenant is not considered displaced. 1. The tenant will be appropriately notified by the owner in writing of the opportunity to continue in occupancy and under what conditions. 2. The tenant will have an opportunity to lease and occupy a unit within the Project, that is suitable housing, for: (a) A one year period for a monthly housing cost not to exceed the greater of either (1) 30% of the tenant's monthly gross incorne, or (2) an amount within 10% of the actual former housing cost; and .. � � , .. � � . � - � -4- ��0"73 . . (b) A five year period for a rental amount in accordance with the [tent Regulatory Agreernent. B. Temporary Relocation ; 1. In order for the owner to do the necessary construction and rehabilitation of units occupied by tenants who will continue in occupancy after the cornpletion of the project, the owner may consider providing temporary housing units for affected tenants. However, since a temporary move may be unacceptable to the tenant, the owner has the responsibility to fully inform the tenant of all alternatives, and allow the tenant to make an informed decision on whether to accept a temporary move or request for permanent relocation. 2. When the owner wishes to provide a temporary move to any tenant, the tenant has the option to accept the temporary move or to be permanently relocated. 3. In the event a temporary move is made, the temporary housing must be suitable housing. The temporary move should last no longer than a 45-60 day period following the completion of the project. 4. The owner is responsible for assuring the tenant is satisfactorily moved to the temporary, suitable housing unit. The owner will pay, reimburse, or make other satisfactory arrangements with tenants for any actual reasonable moving expenses and any increase in monthly housing cost while temporarily housed. V. PERMANENT RELOCATION: In the event the owner cannot provide tenants the opportunity to continue in occupancy, or cannot adequately provide temporary housing during the construction period, the owner must consider permanent relocation. 1. The tenant will be appropriately notified by the owner in writir�g of the need to move, under what conditions and requirements, and to what advisory services and payments will be pr9vided by the owner. ' . - . -5- • 2. Notice to Vacate - Tirning Requirement: (a) The preljminary Notice of Proposed Rehabilitation must be pravided to the tenants at the time the owner makes an application to the City for the project. The Notice must ind�cate the potential need for the tenant to make a inove at sometime in the f uture. (b) No lawful tenant will be required to move without being provided an advance written Notice to Vacate, and a reasonable choice of opportunities to move to suitable housing. If the tenant is provided, but refuses a reasonable choice of opportU(�ities to move to suitable housing, the owner will not be obligated to make further efforts to provide replacement housing. (c) Impler�entin� Guideline: The advance written Notice to Vacate should include, as a r�inimum, a sixty (60) day period. 3. MovinR and Related Expenses: (a) "fhe owner is responsible for assuring the tenant is satisfactorily moved to a permanent, suitable housing unit. The owner will pay or reimburse the tenant for any actual reasonable moving expenses. (b) Irr�plementin� Guideline: A displaced tenant is entitled to receive a payment to cover moving expenses. A payment for moving and related expenses may be e�ther: (1) An amount to cover actual documented reasonable moving expenses, or (2) A fixed payment not to exceed $300 (determined by the applicable moving schedule maintained by the City in accordance with the Uniform Act), plus a dislocation allowance of$200. 4. Notice to Vacate - Housing Differential Cost Payment: (a) If a suitable replacement housing unit cannot be obtained at a monthly housing cost within the tenant's ability to pay and government assistance that would satisfy this requirement cannot be secured, the owner's obligation under these guidelines may be satisfied by providing the tenant a payment necessary to reduce the monthly housing cost to the tenant's ability to pay for a period of one year. , - , , . -6- � (b) Implementing Guideline: (1) A displaced tenant is entitled to a payment equal to involve (12) times the amount necessary to reduce the monthly housing cost of the suitable replacement unit to the greater of 30% of the tenant's monthly gross income, or the tenant's actua! forrner housing cost. The owner needs to rnake this differential cost payment only to tenants who have occupied the displacernent unit for at least 90 days prior to the closing of the owner's loan for the project; and to tenants who have entered into a valid written lease or rental agreernent for tt�e suitable replacernent unit. (2) The monthly housing cost for the replacement unit should be the cost for a housing unit that is functionally equivalent and substantially the same as the tenanX's displacement unit. In the event the tenant occupies a substantially different replacement unit, the owner is obligated only to make a differential payment to reduce the monthly housing cost of a cornparable replacement unit (determined by the applicable rental schedule maintained by the City in accordance with the Uniform Act). VI. CITY REVIEW A. The City of Saint Paul will monitor the owner's compliance with these guidelines. The City will take whatever corrective action is determined necessary to insure compliance. B. A tenant who believes that he has not received from the owner the proper relocation advisory assistance, services, payments, or opportunity to move to suitable housing, may submit a claim for relief to the City Department of Planning and Economic Development for Department determination. C. An owner who believes that a tenant is not cooperating in accomplishing a temporary or permanent move may submit such claim or request to proceed to eviction for Department review and determination. D. Determinations and orders by the Department may be appealed to the Department Director. The Director or his designee shall hear the appeal and render a written deterrnination which shall be final. �� � - ` -7- .� .� � ����� E. Upon such claim determinations and appeal hearings the burden of establishing the claim or appeal shall be on the party maintaining the sarne. Where it appears that the clairn or appeal proceedings may be protracted, or where other circumstances require, the Department, or the Director or t�is designee may direct or approve appropriate interim action pending determination of the claim or appeal. F. RecordkeeQing: The owner shal� maintain a file for each tenant. All data will be readily available to the City upon request. The owner shall maintain a record of all notices or information provided the j�nant, the type and amount of payments, the assistance provided the tenant, the location q# the replacement housing of each tenant, the monthly housing cost of the replacement housing, and the income information on the tenant. G. Relocation 1�lan and Budget: 1. During the financial and construction planning period of a project, owners will determine by interviewing each tenant and other necessary direct contact, which tenants can remain in occupancy or must be moved on a temporary or permanent basis. 2. The owner will prepare and submit to the City a realistic Relocation Plan and Budget prior �o the owner's request for City approval of the tax exempt status. The Relocation Plan and Budget must indicate the disposition for each tenant, and the nature and extent of services and relocation payments to be provided each tenant. The Relocation Plan and Budget should include the following: (a) A list of all tenants occupying the property, indicating current rent and utilities, and income amounts. (b) An indication of which tenants will remain in continued occupancy, including which will be temporarily moved, and which tenants will be permanently relocated. (c) An indication of how each tenant will be satisfactorily moved to temporary housing or relocated to permanent replacement housing. (d) A bUdget indicating the amount and type of payments to each tenant. - � • - - . -8- �'J � . ' � ^�g�� � 3. The City wilj review the Relocation Plan and Bud�;et, the final construction documents and cost estimates, and will deterrnine the feasibility ot: financing all related expenses included therein as part of the rehabilitation loan. At its' sole discretion, the City may elect to agree to reimburse the owner for all or a portion of the costs included in the Relocation Plan. 4. Prior to the closing of the rehabilitation loan, the owner must submit to the City the specific intended relocation services and payments to be provided each tenant, acknowledged in writing by the owner and tenant. The City must certify its acceptance in accordance with these relocation guidelines. 5. Regardless of the source of financing for payment of any of these services and payments identified in the Relocation Plan and Budget at the time of closing, these relocation costs so identified will be escrowed from loan proceeds until such time as evidence of final expenditures is provided, and not until then will the City approve the release of these f unds. WFIITE - CITV CLERK ���� PIN`�. - FINANCE GITY OF SAINT PAUL Council - � C4PIAiL� - DEPARTMENT BI.UE - MAVOR File NO. Council Resolution Presented By L S Referred To Committee: Date Out of Committee By Date RESOLVED: That applications for a Building Contractors License by the following organizations at the addresses stated be and the same are hereby granted. Aluminum Products Construction 938 E. 6th St., St. Paul C5457 RENEW AAA Pollution Control Inc. 1525 S. Sterling St. , St. Paul C5458 " Construction & Architectural Specialties Co. 1007 Excelsior Blvd. E. , Hopkins C5467 " Patio Do�rs Sales & Service Inc. 8975 Zachary Lane N., Maple Grove C5468 " Patio Doors Sales & Service Inc. 8975 Zachary Lane N. , Maple Grove C5469 " Anthony Avoles Inc. 699 Arcade St. , St. Paul C5470 " Creative Floor Crafters/ St. Paul Seamless 1558 Como Ave. , St. Paul C5471 " James H. Dols Construction 1218 Russell N. , MPLS C5472 " East Area Fence & Supply Co. 1611 Case Ave. , St. Paul C5473 " Exterior Remodelers of Minnesota 4874 Hodgson Connection, St. Paul C5474 " Robert A. LaCosse Construction Co. 1226 Florence, White Bear Lake C5504 " Advance Home Products, Inc. 621 �T. Lake St. , MPLS C5523 " Rafael Fuentes 133 E. Congress St. , St. Paul C5526 " Hogar Construction Co. , Inc. 1061-109th Ave. N.E. , Blaine C5527 " Walter B. Hommell 1397 Mechanic Ave. , St. Paul C5528 " Jer-Hen Builders, Inc. 1690 Hewitt Ave. , St. Paul C5529 " Klindworth & Son 138 Dwane St. , South St. Paul C5530 " The Lauden Co. 2493 E. 13th Ave. , North St. Paul C5531 " Metro House Doctors Inc. 653 Dayton, St. Paul C5532 " Morton Construction Services 466 Portland, St. Paul C5533 " Mulcahy Drywall, Inc. 2576 E. 7th Ave. , North St. Paul C5534 " Parklynn Builders Co. 2605 Lynn Ave. S. , St. Louis Park C5535 " Sorenson Construction Co. 2250 Burr St. , St. Paul C5536 " Gerald Teich Construction 1994 Stanich Court, St. Paul C5537 " Ken Tischler Construction 1360 E. County Rd. C. , Maplewood C5538 " 'Itain City Insulation 2400 E. 26th, MPLS C5539 " R. A. Ungerman Construction Co. , Inc. 5156 Thomas Ave. S. , M PLS C5540 " Nuco Inc. 1774 McMenemy, St. Paul C5541 " Midwest Metal Supply Co. 3964 Central Ave. N.E. , MPLS C5546 " COUNCILME(V Requested by Department of: Yeas Nays In Favor _ __ Against BY — Form Approved by City Attorney Adopted by Council: Date Certified Passed by Counc.il Secretary BY By, Elpproved by Mavor: Date _ Approved by Mayor for Submission to Council BY - — BY