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06-117Council File # Green Sheet # RESOLUTION CITY Presented By Referred To � PAUL, MINNESOTA �� Committee: Date RESOLUTION RECTI'ING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTI-FAMII.Y RENTAL HOUSING DEVELOPMENT, GNING PRELIMINARY APPROVAL TO THE PROGRAM PURSUANT TO MINNESOTA STATUTES, CHAPTER 462C, AUTHORIZING THE HOUSING r1ND REDEVELOPNIENT AUTHORITY TO ISSUE HOUSING REVENUE REF[JNDING BONDS AND AUTHORTZING THE PREPARATION OF NECESSARY DOCLTMENTS AND MATERIALS IN CONNECTION WITH THE SAID PROJECT AND PROGRAM (GATEWAY RENTAL PROJECT) District 15 1 (a) Minnesota SCatutes, Chapter 462C (the "Act) confers upon cities, or housing and 2 redevelopment authorities or port authorities authorized by ordinance to exercise on behalf of a 3 city the powers conferred by the Act, the power to issue revenue bonds to finance a program far 4 the purposes of planning, administering, making or purchasing loans with respect to one or more 5 multi-family housing project developments within the boundaries of the city; 6 (b) The Housing and Redevelopment Authority of the City of Saint Paui, Minnesota 7 (the "HIZA") has been designated, by ordinance, to exercise, on behalf of the City of Saint Paul, 8 Minnesota (the "City") the powers conferred by Minnesota Statutes, Section 462C.01 to 0 10 11 12 13 14 15 462C.081; {c) The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the "HRA"), has received a proposal from Gateway Apartments Limited Partnership, a Minnesota limited partnership (the "Borrower"), that the HRA undertake a program (the "Housing Program") to refinance a Project hereinafter described, through the issuance of housing revenue refunding bonds in the approximate principal amount of $5,000,000 pursuant to Minnesota Statutes, Section 469.178, subd. 4(the "Bonds"); 16 (d) The Project to be refinanced by the Bonds is a portion of the costs of the 17 acquisition, construction and equipping of a multifamily rental housing project consisting of 313 18 units ]ocated south of West Seventh Street between Munster and Norfolk Avenues in the City of 19 Saint Paul (the 'Project"); 20 (e) The proposal calls for the HRA to loan the proceeds realized upon the sale of the 21 Bonds to the Borrower pursuant to a loan agreement wherein the Borrower will be obligated to 22 repay the Bonds and pay all costs and expenses of the HRA and the City incident to the issuance 23 and sale of the Bonds; Ob-Il�l 3029293 1557183v2 . . . . p (, - I 1 �1 24 ( fl A public hearing on the Hous3ng Program and the Project was held on this date 25 following duly published notice, at which time all persons that desired to speak were heard; and 26 (g} No public official of the City has either a direct or indirect financial intezest in the 27 Project nor will any public official either directly or indirectly benefit financially from the 28 Project. 29 NOW THEREFORE, BE TT RESOLVED by the City Council of the City of Saint 30 Paul, Minnesota, as follows: 31 1. The City hereby gives preliminary approval to the proposal of the 32 Borrower that the City and HRA undertake the refinancing of the Project, described above, 33 pursuant to Minnesota Statutes, Chapter 462C. 34 3. On the basis of information available to the City it appears, and the City 35 hereby finds, that the Project constitutes a multifamily housing development within the meaning 36 of subdivision 5 of Section 462C.02 of the Act; that the availability of the financing under the 37 Act and the willingness of the City to furnish such financing will be a substantial benefit to the 38 Project, and that the effect of the Project is to encourage the provision of multifamily rental 39 housing opportunities to residents of the City, and to promote more intensive development and 40 use of land within the City. 41 3. The Project and the Housing Program to refinance the Project by the 42 issuance of the Bonds, is hereby given approval by the City subject to final approval by the 43 HRA, the Bonower and the purchasers of the Bonds as to ultimate details of the refinancing of 44 the Project. 45 4. Pursuant to Chapter 72, Saint Paul, Minnesota Administrative Code, the 46 City hereby authorizes and,directs the Aousing and Redevelopment Authority of the City of 47 Saint Paul, Minnesota (the "HRA") to issue the Bonds to refinance the Project and to take all 48 actions necessary or desirable in connection therewith, and no further approval or authorization 49 of the City shall be required; 50 5. The Borrower has agreed and it is hereby deternuned that any and a11 costs 51 incurred by the City or the HRA in connection with the financing of the Project whether or not 52 the refinancing of the Project is carried to completion and whether or not approved by HRA will 53 be paid by the Bonower: 54 6. Briggs and Morgan, Professional Association, acting as bond counsel, and 55 such investment bankers as may be selected by Bonower, with the consent of the HRA, are 56 authorized to assist in the preparation and review of necessary documents relaUng to refinancing 57 of the Project, to consult with the City Attomey, Borrower and the purchaser of the Bonds as to 58 the maturities, interest rates and other terms and provisions of the Bonds and as to the covenants 59 and other provisions of the necessary documents and submit such documents to the HRA for 60 final approval; 61 1557183v2 ' 62 63 64 65 66 67 68 69 70 71 72 73 :/ 74 75 2006, 76 Adopted by the City Council of the City of Saint Paul, Minnesota this lst day of February, Director of Financial Services 7. 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 the HRA. The Bonds shall not constitute a charge, lien or encumbrance, legaT or equitable, upon any property or funds of the City or the fII2A except the revenue and proceeds pledged to the payment thereof, nor shall the City or the f7RA be subject to any liability thereon. The holders of the Bonds shall never have the right to compel any exercise of the ta�cing power of the City or I3E2A to pay the outstanding principal on the Bonds or the interest thereon, or to enforce payment thereon against any property of the City or the HRA. The Bonds shall recite in substance that Bonds, including the interest thereon, aze payable solely from the revenue and proceeds pledged to the payment hereof. The Bonds shall not constitute a debt of the City or HRA within ihe meaning of any constitutional or statutory limitation. Benanav BOShOm HartiS Thune Adopted by Council: Date ✓ db-1�� Requ s ed by Depaztmem of: � BY� � `— ,\ ) ✓ � Form Ap ov d� "y oi ey � oZ By: _� �(� i �r� Adoption Certlfied by Council Secretary U By: Approved y Date � (��J By: Form E� . � , ,_. . . , I '� �•. � � � � �� �„Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � PE - P�mo�og & EconomicDevelopmeat ConfactPerson & Phone: J Trulsen/P Lilledahi � b(. 5$ �,� 26G-6694 Must Be on Council Agenda by (D� 01-FEB-06 ( P[. L.I. G hPSY ContractType: RE-RESOLUTION i • �. � ' Assign Number For Routing Order Green Sheet NO: 3029293 0 lannin & Econ mic Dev o 7 lan in & Ec omic Develo e ar[m nt Direc or � 2 i Attorne 3 a r' w a isfant 4 n cil 5 er Cle k Total # of Signature Pages ` (Clip NI Locations for Signature) Signatures on Resolution for February 1, 2006 City Council Public Hearing Agenda Item wanons: Npprrne (q) or rte�ect Planning Commission CB Committee Ciwl Service Commission 1. Has this persoNfirm e�er worked under a contract for this depadment? Yes No 2. Has this persoNfirm e�er been a city employee? Yes No 3. Does this person/firtn possess a skill not nortnally possessed by any current city employee? Yes No Explain all yes answers o� separate sheet and attach W green sheet InBiating Pro6lem, lssues, Opportunity (Who, What, When, Where, Why): Request foc Resolution to be added.�to the Feb. 1 2006 City Council.Public Hearing Agenda: City Council's Pzeliminary Approvai for proposal for fmancing program for the Gat'eway 313 Unit Apartment Project and authoriznig the HRA to issue Housing Revenuc Refunding Bond'. - Pdvantaaes If P,pproved: Increases soundness of fmancial status Disadvanta57es IfApproved; None D1saAvanpoes If NotAaproved: High interest costs continue � ocai amoun[ ot Transaction: ���00,0�0 CosNRevenueBudgeted: Funding Souroe: ActiviN Number: � � � ---� � �'o � �� Financiallnformation: ,.i,7�$�c ��h iR..� r- �� L(�{� �� ��7 f.L(+Zf2�1l�L"�. (Explain) , 1 D� � r�a-- y Gd�'�' ��' }� w.� �'�'r 6vQ -- . _ _ �L''Y k.� � `�^�'"' �i �81h�_� �� �'`'y"aai? :_^ , , .<. , �3��a � t� "� �:"" ���� Questions: January 5, 2006 2:43 PM Page 1 DEPARTMENT OF PLANNING & ECONOMIC DEVELOPMENT To'ry Scherder, ]ntenm Dir¢ctor CI I'Y OF SAINT PAUL Christopker B. Coleman, Mayor February 1, 2006 Memo to: City Council Members 25 West Fourth Street Saint Paul, MN 55102 0��� Telephone: 651-266-6565 Facsimile: 657 -228-3?6! From: Tony Sr�h�, Department of Planning and Economic Development Interim Director �� REPORT TO THE CITY COUNCIL REGARDING: A Resolution reciting a proposal for a financing program for a multi-family rental housing Development, giving Preliminary Approval to fl�e Program pursuant to Minnesota Statutes, Chapter 462C, Authorizing the Housing and Redevelopment Authority to issue Housing Revenue Refunding Bonds and authorizing the preparation of necessary documents and materials in connecrion with the said project and program (Gateway Rental Project) PUBLIC HEARING District 15 PURPOSE The Housing and Redevelopment Authority ofi the City ofi Saint Paul, Minnesota has received a proposal from Gateway Apartmenis Limited Partnership, a Minnesota limited partnership that the HRA undertake a program (the "Housing Program") to refund the Shepard Davern (Gateway) Project through the issuance ot tax increment revenue bonds in the approximate principal amount of $5,000,000. The proceeds from the original bonds were used to fund a portion of the public redevelopment costs of the acquisition, construction and equipping of a multifamily rental housing project consisting of approximately 313 units located south of West Seventh Street between Munster and Norfolk Avenues in the City of Saint Paul. The proposal calls for the HRA to grant the proceeds realized upon the sale of the Bonds to the Borrower wherein the Borrower will pay off the original bonds. The Borrower will also be obligated to pay all costs and expenses of the HRA and the City incident to the issuance and sale of the Bonds; PUBLIC PURPOSE The following public purposes will be met: Refunding will reduce the interest costs on a project that provides housing opportunities to persons with a variety of incomes. o�-i�� . 2. Project meets objectives of The Housing Plan, adopted as part of the City's Comprehensive Plan, Section 6.0, Strategy 3: Ensure Availability of Affordable Housing. AFFORDABILITY: The housing project meets the affordability goals of the City Council. Ten percent of the units are affordable to persons with incomes at 30% of area median income. Fifteen percent of the units are affordable to person with incomes at 50% of area median income. FINANCiNG The Borrower is requesting that the Housing and Redevelopment Authority of the City of Saint Paul grant additional tax-exempt volume cap allocation in the amount of $2,211,000. The project was initially financed in part by the issuance of $2,211,0�0 in Taxabfe Tax lncrement Revenue Bonds, Series 2003D. The Series 2003D Bonds were issued as taxable bonds because neither the City of Saint Paul nor the State of Minnesota had sufficient tax-exempt volume cap to allocate to the project in 2003. The additional volume cap would be used to refinance the Series 2003D Bonds. The project would benefit by the allocation of volume cap. The refinancing bonds could be issued as tax-exempt and therefore at lower interest rates. Tax Increment Revenue Bonds Series 2003C Tax Exempt in the amount of $2,609,000 would be refiunded. The total amount of the refunding will be less than $5,000,000. It is anticipated that the refunding bonds will be secured by a direct pay letter of credit issued by LaSalle Bank. The refunding bonds will be issued as variable rate demand bonds ("VRDBs"). BOND AUTHORITY; ALLOCATION PROCESS The proposed bonds will count as part of the City's entitlement bond allocation. However, there is sufficient ailocation to fund this project along with other multi-family projects. Staff will present to the HRA a report detailing the financing of the Project and request the HRA to consider adoption of a resolution to issue Tax Increment Revenue bonds to finance the refunding ofi the projecL With respect to multifamily housing bonds, Section 72.04 of Chapter 72 of the City's Administrative Code provides that the HRA be designated to exercise on behalf of the City the powers conferred by Minnesota Statutes 462C (housing programs and revenue bonds) but only unless directed and authorized to do so by resolution adopted by the City Council. Thus the reason, this proposal is initiated befiore the City Councii rather than the HRA. Attachments: City Council Resolution Prepared by: Joan Trulsen, PED Project Manager- West Team, 266-6694