01-730Council File # ���1�0
ORIGII�AL
Resolution #
creen sheet # 110201
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
1
Z
3
4
5
6
7
8
9
10
11
12
13
Presented By
y'�o
Referred To � Committee: Date
RESOLUTION RECTTING A PROPOSAL FOR FINANCING
A MTJLTI-FAMII�Y RENTAL HOUSING DEVELOPMENT PROJECT
AND AUTHORIZING THE HOUSING AND REDEVELOPMENT
AUTHORITY TO EXERCISE THE POWERS GRANTED IN
MINNESOTA STATUTES, SECTIONS 462C.01 TO 462C.08
WHEREAS, Minnesota Statutes, Chapter 462C (the "AcY'), confers upon cities, or housing and
redevelopment 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, malang or
purchasing loans with respect to one ormore multifamilyhousing developments within the boundaries ofthe city;
and
14 WHEREAS,theHousingandRedevelopmentAuthorityoftheCityofSaintPaul,Minnesota(the"Issuer"),
15 has received from Marian Center - GEAC, LLC, a limited liability companywhose sole member is Governmental
16 and Educational Assistance Corporarion, a 501(c)(3) organization (the "Developer"), a proposal that the Issuer
17 issue its revenue bonds or obligations in one or more series (collectively, the `Bonds") pursuant to the Act for
18 the purpose of loaning the proceeds thereof to the Developer to finance the acquisition and construction by the
19 Developer of approximately 71-unats of congregate caze housing and 56-units of assisted living housing for
20 eiderly and disabled persons, to be located at Eazl Street and Burns Avenue in the City of Saint Paul (the "Cit}�'),
21 and to be lrnown as "Marian Center Apartments" (the "Proj ect") pursuant to the "housing program" described
22 below; and
23 WHEREAS, prior to publication of a notice of public hearing for the public hearing described below, the
24 Issuer prepared a"housing program" (the "Program") under the Act and submitted the Program far review to the
25 Metropolitan Council;
26 WHEREAS, the Developer's proposal calls for the Issuer to loan the proceeds of the Bonds to the
27 Developer pursuant to a revenue agreement or agreements which require the Developer to make payments at the
28 times and in the amounts sufficient to provide for the prompt payment of principal of, premium, if any, and
29 interest on the Bonds and all costs and expenses of the Issuer and the City incident to the issuance and sale ofthe
30 Bonds; and
31 WHEREAS, the City desires to encourage the development and continued operation of affordable housing
32 facilitiesdesignedfaroccupancybyelderlyordisabledpersonsandassisttheIssuerinachievingtheseobjectives;
33 and
34 WHEREAS, a public hearing on the Program and the proposed financing of the Project was held on the
35 date hereof following duly published notice, at which hearing all persons that desired to speak were heard.
36 NOW TFiER�'@� ��I��LVED by the City Council of the City of Saint Paul, as follows:a �,1Z p
37 1. The City hereby approves the Program and gives preluninary approval to the issuance of the Bonds
38 for the financing of the Project and, pursuant to Section 72 of the Saint Paul Administrative Code, hereby
39 authorizes and directs the Issuer to exercise the powers granted in Minnesota Statutes 462C.01 to 462C.08.
40 2. On the basis of information available to the City Council, it appears, and the City Council hereby
41 finds, that the proj ect constitutes a mulfifamily rental housing development and fiirthers the purposes of the Act;
42 that the Proj ect is designed for rental by elderly persons; that the availability of financing under the Act and the
43 willingness of the Issuer to fiuuish such financing will be a substantial inducement to the Developer to operate
44 the Project, and that the effect of the financing of the Project, if undertaken, will be to promote the availability
45 of adequate housing to elderly residents of the City at a reasonable cost.
46 3. The Executive Director of the Issuer, is hereby authorized to execute a Memorandum of
47 Understanding with respect to the financing of the Project in substantially the form on file with the Issuer.
48 4. Leonazd, Street and Deinard Professional Association, is hereby retained as Bond Counsel for the
49 issuance of the Bonds. Miller & Schroeder Financial, Inc. is hereby retained as the inveshnent banker for this
50 transaction. Leonard, Street and Deinard and Miller & Schroeder are hereby authorized to assist in the prepararion
51 and review of necessary documents relating to the issuance of the Bonds, to consult with the City Attorney,
52 Developer and purchasers of the Bonds as to the maturities, interest rates and other terms and provisions of the
53 Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to
54 the Issuer for final approval.
55 5. The Developer has agreed and it is hereby determined that any and all costs incurred by the City
56 or the Issuer in connection with the financing of the Proj ect, whether or not the proposed financing of the Proj ect
57 is carried to completion and whether or not the issuance of Bonds is approved by the Issuer, will be paid by the
58 Developer.
59 6. The Bonds will be issued as qualified 501(c)(3) bonds or as tasable bonds and therefore non tas-
60 exempt bonding authority will be required.
61 7. Nothing in this resolution shall be construed to require the City or the Issuer to approve any element
62 of the Proj ect or the issuance of the Bonds, nor shall this resolution be construed as vesfing in the Developer any
63 cause of action against the City ar the Issuer arising from any failure or refusal by the City or the Issuer to approve
64 the issuance of the Bonds.
65 8. Nothing in this resolution or the documents prepared pursuant hereto shall authorize the expenditure
66 of any municipal funds on the financing of the Project or the payment of the Bonds other than the revenues
67 derived from the Project or otherwise granted to the City or the Issuer for this purpose. The Bonds shall not
68 constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City or the Issuer
69 except the revenue and proceeds piedged to the payment thereof, nor shall the City or the Issuer be subj ect to any
70 direct liability thereon. The holder of the Bonds shall never have the right to compel any exercise of the taacing
71 power of the City or the Issuer to pay the outstanding principal on the Bonds or the interest thereon, or to enforce
72 payment thereon against any property of the City or the Issuer. The Bonds shall recite in substance that the
73 Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment
74 thereof. The Bonds shail not constitute an indebtedness of the City or the Issuer witivn the meaning of any
75 constitutional or statutory provision.
ORIGINAL
Adopted by Council: Date _�\��'�\�O'b
� r'i \
V
Adoption Certi£ied by Council Secretary
o�.��o
Requested by Department of:
Plannina & Economic Development
/ �
By: . �C�
_��.• `
Approved by Financial Services
By: i \__ �- .�� B 7-�-�1.G� �/(�7�¢.h.�, h`�
Y�
Approved by Mayor: Date �J '� ��
By: <t������LY� /
Form Approved by City Attorney
� ?
By:
Approved by Mayor for Submission to Council
By: �
r
�
�DEPAR'Ib1ENT/OFFICE/COUNCIL: �� �'
IY13IlR1II� LZ,ECOIIOITllC DEVC10pII1CllY DATE I�i'ITIATED GREEN SHEET � No.• 110201
� 6/26/2001 '
' IffiT19,i,(DA"7fE I\ITIILDAI'E
'ch Malloy 266-6647 ���� �Nr'�
I DEPARTMENT DIR. 3 CITY COUNCIL
UbIBER FOR Z C[TY ATl'ORNEY CITY CLERK
OUTCVG 4 FINANCIALSERVDIR. _ FMANCIALSERV/ACCTG
gDEg 5 MAYOR(ORASST.) _ CNILSERVICECOMMISSION
HRA CHAIRPERSON
PED ACCOUN"IING MUST BE ON COUiVCIL AGENDA BY (DATE)
JULY 11, 2001— R 61:�. N
OTA;. # OF SIGNATURE PAGES 5 (CLIP ALL LOCATIONS FOR SIGNATURE)
criov�QuESrEn: City Council Resolution to authorize the approval of a mulri-family housing developmentprogr
or Marian Center Senior Housing Project.
COMMENDATIONS: Approve (A) or Reject (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
l. Has this person/firm ever worked under a contract for this department?
PLAN!VINGCOMMISSION Yes No '
CB COMMITTEE . Has this person/firm ever been a ciry emptoyee?
CNILSERVICECOMMISSION Yes No
. Does this person/firm possess a skill not normally possessed by any curtent city empioyee?
Yes No
Explain all yes aaswers on separate shee[ and attach to green sheet
OT APPLICABLE
PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
The City of St. PauI HRA has received an applicarion for tax-exempt and taxable bond financing from Marian Cenrer -
.LC. The project will include conshuction of a 56 unit assist living and 71 unit congregate caze senior campus faciliTy
n the Mounds Park area near I-94. The need for the project is supported by a market study initiated by Health East �
indings indicated the current and future demand of the growing cohort of elderly persons who need affordable senior h
TAGES IF APPROVED:
will provide needed affordable assisted living and congregate care for elderly families with stable
ANTAGES IF APPROVED:
have been identified.
AGES IF NOT APPROVED:
opportunity to £Il an affordable housing need for seniors will be lost if the project is not approved. ,
SOURCE: Tax Exempt & Taxable Bonds ACIIVITY NUh1BER:
INFORMATION: (EXPLAIN)
This is a conduit tax exemp[ and taxable bond financing project that dces not constitute a charge, lien or encumbrance, legal or equitabie, upon
or the Ciry of Saint Paul.
Page 1 of 1
Nancy Anderson - RE: Marian Center Senior Housing Q ��� b
From: Rich Malloy
To: Anderson, Nancy
Date: 7/2/2001 12:19 PM
Subject: RE: Marian Center Senior Housing
CC: Bostrom, Dan; Filice, Amy; Lantry, Kathy;
Pemberton, Sheri; Renstrom, Scott; Skupas,
Vicki
Per our conversation regazding the City Council Hearing on Marian Center here's the whole process
beginniug with the HRA Meeting:
1) All HRA business will be conducted including PED's request for approval by the HI2A for I,oan a
$550,000 for Marian Center. With the HRA PrelvninaryResolution to approve the bond financinQ
and the HRA Final Resolution to Issue and Sale the Bonds for Marian Center as the last two items on
the aQenda the HRA will Recess; We then go to the City Council Meeting;
2) During the City Council Meeting we will hold the Hearing on Marian Center and pass the Citv
Council Resolution to approve the project and the HI2A's authority to approve the bond financing -
The City Council will then be recessed;
3) The HRA will be reconvened to pass the Preliminary and Final Resolutions mentioned above -
The HRA is then Adjourned and the Citv Council Reconvened.
Another way to look at this is that the order of resolutions must be:
1) City Council Resolution must Approve the Project and Authorize the HRA to Issue the Bonds.
2) HRA must Approve the Preliminary Resolution to Issue the Bonds.
3) HRA must Approve the Final Resolution to Issue and Sale the Bonds.
If anyone has any questions on this please call Rich at 6-6647
file://C:\WINDOWS\TEMP\GW}00OO1.HTM 7/2/2001
Council File # ���1�0
ORIGII�AL
Resolution #
creen sheet # 110201
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
1
Z
3
4
5
6
7
8
9
10
11
12
13
Presented By
y'�o
Referred To � Committee: Date
RESOLUTION RECTTING A PROPOSAL FOR FINANCING
A MTJLTI-FAMII�Y RENTAL HOUSING DEVELOPMENT PROJECT
AND AUTHORIZING THE HOUSING AND REDEVELOPMENT
AUTHORITY TO EXERCISE THE POWERS GRANTED IN
MINNESOTA STATUTES, SECTIONS 462C.01 TO 462C.08
WHEREAS, Minnesota Statutes, Chapter 462C (the "AcY'), confers upon cities, or housing and
redevelopment 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, malang or
purchasing loans with respect to one ormore multifamilyhousing developments within the boundaries ofthe city;
and
14 WHEREAS,theHousingandRedevelopmentAuthorityoftheCityofSaintPaul,Minnesota(the"Issuer"),
15 has received from Marian Center - GEAC, LLC, a limited liability companywhose sole member is Governmental
16 and Educational Assistance Corporarion, a 501(c)(3) organization (the "Developer"), a proposal that the Issuer
17 issue its revenue bonds or obligations in one or more series (collectively, the `Bonds") pursuant to the Act for
18 the purpose of loaning the proceeds thereof to the Developer to finance the acquisition and construction by the
19 Developer of approximately 71-unats of congregate caze housing and 56-units of assisted living housing for
20 eiderly and disabled persons, to be located at Eazl Street and Burns Avenue in the City of Saint Paul (the "Cit}�'),
21 and to be lrnown as "Marian Center Apartments" (the "Proj ect") pursuant to the "housing program" described
22 below; and
23 WHEREAS, prior to publication of a notice of public hearing for the public hearing described below, the
24 Issuer prepared a"housing program" (the "Program") under the Act and submitted the Program far review to the
25 Metropolitan Council;
26 WHEREAS, the Developer's proposal calls for the Issuer to loan the proceeds of the Bonds to the
27 Developer pursuant to a revenue agreement or agreements which require the Developer to make payments at the
28 times and in the amounts sufficient to provide for the prompt payment of principal of, premium, if any, and
29 interest on the Bonds and all costs and expenses of the Issuer and the City incident to the issuance and sale ofthe
30 Bonds; and
31 WHEREAS, the City desires to encourage the development and continued operation of affordable housing
32 facilitiesdesignedfaroccupancybyelderlyordisabledpersonsandassisttheIssuerinachievingtheseobjectives;
33 and
34 WHEREAS, a public hearing on the Program and the proposed financing of the Project was held on the
35 date hereof following duly published notice, at which hearing all persons that desired to speak were heard.
36 NOW TFiER�'@� ��I��LVED by the City Council of the City of Saint Paul, as follows:a �,1Z p
37 1. The City hereby approves the Program and gives preluninary approval to the issuance of the Bonds
38 for the financing of the Project and, pursuant to Section 72 of the Saint Paul Administrative Code, hereby
39 authorizes and directs the Issuer to exercise the powers granted in Minnesota Statutes 462C.01 to 462C.08.
40 2. On the basis of information available to the City Council, it appears, and the City Council hereby
41 finds, that the proj ect constitutes a mulfifamily rental housing development and fiirthers the purposes of the Act;
42 that the Proj ect is designed for rental by elderly persons; that the availability of financing under the Act and the
43 willingness of the Issuer to fiuuish such financing will be a substantial inducement to the Developer to operate
44 the Project, and that the effect of the financing of the Project, if undertaken, will be to promote the availability
45 of adequate housing to elderly residents of the City at a reasonable cost.
46 3. The Executive Director of the Issuer, is hereby authorized to execute a Memorandum of
47 Understanding with respect to the financing of the Project in substantially the form on file with the Issuer.
48 4. Leonazd, Street and Deinard Professional Association, is hereby retained as Bond Counsel for the
49 issuance of the Bonds. Miller & Schroeder Financial, Inc. is hereby retained as the inveshnent banker for this
50 transaction. Leonard, Street and Deinard and Miller & Schroeder are hereby authorized to assist in the prepararion
51 and review of necessary documents relating to the issuance of the Bonds, to consult with the City Attorney,
52 Developer and purchasers of the Bonds as to the maturities, interest rates and other terms and provisions of the
53 Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to
54 the Issuer for final approval.
55 5. The Developer has agreed and it is hereby determined that any and all costs incurred by the City
56 or the Issuer in connection with the financing of the Proj ect, whether or not the proposed financing of the Proj ect
57 is carried to completion and whether or not the issuance of Bonds is approved by the Issuer, will be paid by the
58 Developer.
59 6. The Bonds will be issued as qualified 501(c)(3) bonds or as tasable bonds and therefore non tas-
60 exempt bonding authority will be required.
61 7. Nothing in this resolution shall be construed to require the City or the Issuer to approve any element
62 of the Proj ect or the issuance of the Bonds, nor shall this resolution be construed as vesfing in the Developer any
63 cause of action against the City ar the Issuer arising from any failure or refusal by the City or the Issuer to approve
64 the issuance of the Bonds.
65 8. Nothing in this resolution or the documents prepared pursuant hereto shall authorize the expenditure
66 of any municipal funds on the financing of the Project or the payment of the Bonds other than the revenues
67 derived from the Project or otherwise granted to the City or the Issuer for this purpose. The Bonds shall not
68 constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City or the Issuer
69 except the revenue and proceeds piedged to the payment thereof, nor shall the City or the Issuer be subj ect to any
70 direct liability thereon. The holder of the Bonds shall never have the right to compel any exercise of the taacing
71 power of the City or the Issuer to pay the outstanding principal on the Bonds or the interest thereon, or to enforce
72 payment thereon against any property of the City or the Issuer. The Bonds shall recite in substance that the
73 Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment
74 thereof. The Bonds shail not constitute an indebtedness of the City or the Issuer witivn the meaning of any
75 constitutional or statutory provision.
ORIGINAL
Adopted by Council: Date _�\��'�\�O'b
� r'i \
V
Adoption Certi£ied by Council Secretary
o�.��o
Requested by Department of:
Plannina & Economic Development
/ �
By: . �C�
_��.• `
Approved by Financial Services
By: i \__ �- .�� B 7-�-�1.G� �/(�7�¢.h.�, h`�
Y�
Approved by Mayor: Date �J '� ��
By: <t������LY� /
Form Approved by City Attorney
� ?
By:
Approved by Mayor for Submission to Council
By: �
r
�
�DEPAR'Ib1ENT/OFFICE/COUNCIL: �� �'
IY13IlR1II� LZ,ECOIIOITllC DEVC10pII1CllY DATE I�i'ITIATED GREEN SHEET � No.• 110201
� 6/26/2001 '
' IffiT19,i,(DA"7fE I\ITIILDAI'E
'ch Malloy 266-6647 ���� �Nr'�
I DEPARTMENT DIR. 3 CITY COUNCIL
UbIBER FOR Z C[TY ATl'ORNEY CITY CLERK
OUTCVG 4 FINANCIALSERVDIR. _ FMANCIALSERV/ACCTG
gDEg 5 MAYOR(ORASST.) _ CNILSERVICECOMMISSION
HRA CHAIRPERSON
PED ACCOUN"IING MUST BE ON COUiVCIL AGENDA BY (DATE)
JULY 11, 2001— R 61:�. N
OTA;. # OF SIGNATURE PAGES 5 (CLIP ALL LOCATIONS FOR SIGNATURE)
criov�QuESrEn: City Council Resolution to authorize the approval of a mulri-family housing developmentprogr
or Marian Center Senior Housing Project.
COMMENDATIONS: Approve (A) or Reject (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
l. Has this person/firm ever worked under a contract for this department?
PLAN!VINGCOMMISSION Yes No '
CB COMMITTEE . Has this person/firm ever been a ciry emptoyee?
CNILSERVICECOMMISSION Yes No
. Does this person/firm possess a skill not normally possessed by any curtent city empioyee?
Yes No
Explain all yes aaswers on separate shee[ and attach to green sheet
OT APPLICABLE
PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
The City of St. PauI HRA has received an applicarion for tax-exempt and taxable bond financing from Marian Cenrer -
.LC. The project will include conshuction of a 56 unit assist living and 71 unit congregate caze senior campus faciliTy
n the Mounds Park area near I-94. The need for the project is supported by a market study initiated by Health East �
indings indicated the current and future demand of the growing cohort of elderly persons who need affordable senior h
TAGES IF APPROVED:
will provide needed affordable assisted living and congregate care for elderly families with stable
ANTAGES IF APPROVED:
have been identified.
AGES IF NOT APPROVED:
opportunity to £Il an affordable housing need for seniors will be lost if the project is not approved. ,
SOURCE: Tax Exempt & Taxable Bonds ACIIVITY NUh1BER:
INFORMATION: (EXPLAIN)
This is a conduit tax exemp[ and taxable bond financing project that dces not constitute a charge, lien or encumbrance, legal or equitabie, upon
or the Ciry of Saint Paul.
Page 1 of 1
Nancy Anderson - RE: Marian Center Senior Housing Q ��� b
From: Rich Malloy
To: Anderson, Nancy
Date: 7/2/2001 12:19 PM
Subject: RE: Marian Center Senior Housing
CC: Bostrom, Dan; Filice, Amy; Lantry, Kathy;
Pemberton, Sheri; Renstrom, Scott; Skupas,
Vicki
Per our conversation regazding the City Council Hearing on Marian Center here's the whole process
beginniug with the HRA Meeting:
1) All HRA business will be conducted including PED's request for approval by the HI2A for I,oan a
$550,000 for Marian Center. With the HRA PrelvninaryResolution to approve the bond financinQ
and the HRA Final Resolution to Issue and Sale the Bonds for Marian Center as the last two items on
the aQenda the HRA will Recess; We then go to the City Council Meeting;
2) During the City Council Meeting we will hold the Hearing on Marian Center and pass the Citv
Council Resolution to approve the project and the HI2A's authority to approve the bond financing -
The City Council will then be recessed;
3) The HRA will be reconvened to pass the Preliminary and Final Resolutions mentioned above -
The HRA is then Adjourned and the Citv Council Reconvened.
Another way to look at this is that the order of resolutions must be:
1) City Council Resolution must Approve the Project and Authorize the HRA to Issue the Bonds.
2) HRA must Approve the Preliminary Resolution to Issue the Bonds.
3) HRA must Approve the Final Resolution to Issue and Sale the Bonds.
If anyone has any questions on this please call Rich at 6-6647
file://C:\WINDOWS\TEMP\GW}00OO1.HTM 7/2/2001
Council File # ���1�0
ORIGII�AL
Resolution #
creen sheet # 110201
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
1
Z
3
4
5
6
7
8
9
10
11
12
13
Presented By
y'�o
Referred To � Committee: Date
RESOLUTION RECTTING A PROPOSAL FOR FINANCING
A MTJLTI-FAMII�Y RENTAL HOUSING DEVELOPMENT PROJECT
AND AUTHORIZING THE HOUSING AND REDEVELOPMENT
AUTHORITY TO EXERCISE THE POWERS GRANTED IN
MINNESOTA STATUTES, SECTIONS 462C.01 TO 462C.08
WHEREAS, Minnesota Statutes, Chapter 462C (the "AcY'), confers upon cities, or housing and
redevelopment 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, malang or
purchasing loans with respect to one ormore multifamilyhousing developments within the boundaries ofthe city;
and
14 WHEREAS,theHousingandRedevelopmentAuthorityoftheCityofSaintPaul,Minnesota(the"Issuer"),
15 has received from Marian Center - GEAC, LLC, a limited liability companywhose sole member is Governmental
16 and Educational Assistance Corporarion, a 501(c)(3) organization (the "Developer"), a proposal that the Issuer
17 issue its revenue bonds or obligations in one or more series (collectively, the `Bonds") pursuant to the Act for
18 the purpose of loaning the proceeds thereof to the Developer to finance the acquisition and construction by the
19 Developer of approximately 71-unats of congregate caze housing and 56-units of assisted living housing for
20 eiderly and disabled persons, to be located at Eazl Street and Burns Avenue in the City of Saint Paul (the "Cit}�'),
21 and to be lrnown as "Marian Center Apartments" (the "Proj ect") pursuant to the "housing program" described
22 below; and
23 WHEREAS, prior to publication of a notice of public hearing for the public hearing described below, the
24 Issuer prepared a"housing program" (the "Program") under the Act and submitted the Program far review to the
25 Metropolitan Council;
26 WHEREAS, the Developer's proposal calls for the Issuer to loan the proceeds of the Bonds to the
27 Developer pursuant to a revenue agreement or agreements which require the Developer to make payments at the
28 times and in the amounts sufficient to provide for the prompt payment of principal of, premium, if any, and
29 interest on the Bonds and all costs and expenses of the Issuer and the City incident to the issuance and sale ofthe
30 Bonds; and
31 WHEREAS, the City desires to encourage the development and continued operation of affordable housing
32 facilitiesdesignedfaroccupancybyelderlyordisabledpersonsandassisttheIssuerinachievingtheseobjectives;
33 and
34 WHEREAS, a public hearing on the Program and the proposed financing of the Project was held on the
35 date hereof following duly published notice, at which hearing all persons that desired to speak were heard.
36 NOW TFiER�'@� ��I��LVED by the City Council of the City of Saint Paul, as follows:a �,1Z p
37 1. The City hereby approves the Program and gives preluninary approval to the issuance of the Bonds
38 for the financing of the Project and, pursuant to Section 72 of the Saint Paul Administrative Code, hereby
39 authorizes and directs the Issuer to exercise the powers granted in Minnesota Statutes 462C.01 to 462C.08.
40 2. On the basis of information available to the City Council, it appears, and the City Council hereby
41 finds, that the proj ect constitutes a mulfifamily rental housing development and fiirthers the purposes of the Act;
42 that the Proj ect is designed for rental by elderly persons; that the availability of financing under the Act and the
43 willingness of the Issuer to fiuuish such financing will be a substantial inducement to the Developer to operate
44 the Project, and that the effect of the financing of the Project, if undertaken, will be to promote the availability
45 of adequate housing to elderly residents of the City at a reasonable cost.
46 3. The Executive Director of the Issuer, is hereby authorized to execute a Memorandum of
47 Understanding with respect to the financing of the Project in substantially the form on file with the Issuer.
48 4. Leonazd, Street and Deinard Professional Association, is hereby retained as Bond Counsel for the
49 issuance of the Bonds. Miller & Schroeder Financial, Inc. is hereby retained as the inveshnent banker for this
50 transaction. Leonard, Street and Deinard and Miller & Schroeder are hereby authorized to assist in the prepararion
51 and review of necessary documents relating to the issuance of the Bonds, to consult with the City Attorney,
52 Developer and purchasers of the Bonds as to the maturities, interest rates and other terms and provisions of the
53 Bonds and as to the covenants and other provisions of the necessary documents and submit such documents to
54 the Issuer for final approval.
55 5. The Developer has agreed and it is hereby determined that any and all costs incurred by the City
56 or the Issuer in connection with the financing of the Proj ect, whether or not the proposed financing of the Proj ect
57 is carried to completion and whether or not the issuance of Bonds is approved by the Issuer, will be paid by the
58 Developer.
59 6. The Bonds will be issued as qualified 501(c)(3) bonds or as tasable bonds and therefore non tas-
60 exempt bonding authority will be required.
61 7. Nothing in this resolution shall be construed to require the City or the Issuer to approve any element
62 of the Proj ect or the issuance of the Bonds, nor shall this resolution be construed as vesfing in the Developer any
63 cause of action against the City ar the Issuer arising from any failure or refusal by the City or the Issuer to approve
64 the issuance of the Bonds.
65 8. Nothing in this resolution or the documents prepared pursuant hereto shall authorize the expenditure
66 of any municipal funds on the financing of the Project or the payment of the Bonds other than the revenues
67 derived from the Project or otherwise granted to the City or the Issuer for this purpose. The Bonds shall not
68 constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the City or the Issuer
69 except the revenue and proceeds piedged to the payment thereof, nor shall the City or the Issuer be subj ect to any
70 direct liability thereon. The holder of the Bonds shall never have the right to compel any exercise of the taacing
71 power of the City or the Issuer to pay the outstanding principal on the Bonds or the interest thereon, or to enforce
72 payment thereon against any property of the City or the Issuer. The Bonds shall recite in substance that the
73 Bonds, including the interest thereon, are payable solely from the revenue and proceeds pledged to the payment
74 thereof. The Bonds shail not constitute an indebtedness of the City or the Issuer witivn the meaning of any
75 constitutional or statutory provision.
ORIGINAL
Adopted by Council: Date _�\��'�\�O'b
� r'i \
V
Adoption Certi£ied by Council Secretary
o�.��o
Requested by Department of:
Plannina & Economic Development
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Approved by Financial Services
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Approved by Mayor: Date �J '� ��
By: <t������LY� /
Form Approved by City Attorney
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By:
Approved by Mayor for Submission to Council
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�DEPAR'Ib1ENT/OFFICE/COUNCIL: �� �'
IY13IlR1II� LZ,ECOIIOITllC DEVC10pII1CllY DATE I�i'ITIATED GREEN SHEET � No.• 110201
� 6/26/2001 '
' IffiT19,i,(DA"7fE I\ITIILDAI'E
'ch Malloy 266-6647 ���� �Nr'�
I DEPARTMENT DIR. 3 CITY COUNCIL
UbIBER FOR Z C[TY ATl'ORNEY CITY CLERK
OUTCVG 4 FINANCIALSERVDIR. _ FMANCIALSERV/ACCTG
gDEg 5 MAYOR(ORASST.) _ CNILSERVICECOMMISSION
HRA CHAIRPERSON
PED ACCOUN"IING MUST BE ON COUiVCIL AGENDA BY (DATE)
JULY 11, 2001— R 61:�. N
OTA;. # OF SIGNATURE PAGES 5 (CLIP ALL LOCATIONS FOR SIGNATURE)
criov�QuESrEn: City Council Resolution to authorize the approval of a mulri-family housing developmentprogr
or Marian Center Senior Housing Project.
COMMENDATIONS: Approve (A) or Reject (R) ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS:
l. Has this person/firm ever worked under a contract for this department?
PLAN!VINGCOMMISSION Yes No '
CB COMMITTEE . Has this person/firm ever been a ciry emptoyee?
CNILSERVICECOMMISSION Yes No
. Does this person/firm possess a skill not normally possessed by any curtent city empioyee?
Yes No
Explain all yes aaswers on separate shee[ and attach to green sheet
OT APPLICABLE
PROBLEM, ISSUE, OPPORTUNITY (Who, What, When, Where, Why):
The City of St. PauI HRA has received an applicarion for tax-exempt and taxable bond financing from Marian Cenrer -
.LC. The project will include conshuction of a 56 unit assist living and 71 unit congregate caze senior campus faciliTy
n the Mounds Park area near I-94. The need for the project is supported by a market study initiated by Health East �
indings indicated the current and future demand of the growing cohort of elderly persons who need affordable senior h
TAGES IF APPROVED:
will provide needed affordable assisted living and congregate care for elderly families with stable
ANTAGES IF APPROVED:
have been identified.
AGES IF NOT APPROVED:
opportunity to £Il an affordable housing need for seniors will be lost if the project is not approved. ,
SOURCE: Tax Exempt & Taxable Bonds ACIIVITY NUh1BER:
INFORMATION: (EXPLAIN)
This is a conduit tax exemp[ and taxable bond financing project that dces not constitute a charge, lien or encumbrance, legal or equitabie, upon
or the Ciry of Saint Paul.
Page 1 of 1
Nancy Anderson - RE: Marian Center Senior Housing Q ��� b
From: Rich Malloy
To: Anderson, Nancy
Date: 7/2/2001 12:19 PM
Subject: RE: Marian Center Senior Housing
CC: Bostrom, Dan; Filice, Amy; Lantry, Kathy;
Pemberton, Sheri; Renstrom, Scott; Skupas,
Vicki
Per our conversation regazding the City Council Hearing on Marian Center here's the whole process
beginniug with the HRA Meeting:
1) All HRA business will be conducted including PED's request for approval by the HI2A for I,oan a
$550,000 for Marian Center. With the HRA PrelvninaryResolution to approve the bond financinQ
and the HRA Final Resolution to Issue and Sale the Bonds for Marian Center as the last two items on
the aQenda the HRA will Recess; We then go to the City Council Meeting;
2) During the City Council Meeting we will hold the Hearing on Marian Center and pass the Citv
Council Resolution to approve the project and the HI2A's authority to approve the bond financing -
The City Council will then be recessed;
3) The HRA will be reconvened to pass the Preliminary and Final Resolutions mentioned above -
The HRA is then Adjourned and the Citv Council Reconvened.
Another way to look at this is that the order of resolutions must be:
1) City Council Resolution must Approve the Project and Authorize the HRA to Issue the Bonds.
2) HRA must Approve the Preliminary Resolution to Issue the Bonds.
3) HRA must Approve the Final Resolution to Issue and Sale the Bonds.
If anyone has any questions on this please call Rich at 6-6647
file://C:\WINDOWS\TEMP\GW}00OO1.HTM 7/2/2001