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09-1330Council File # (Y�— ��j�jd Green Sheet # 3088536 Presented By PA L, MINNESOTA � � � RESOLUTION RECITING A PROPOSAL FOR A FINANCING PROGRAM FOR A MULTI-FAMILY RENTAL HOUSING 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 PREPARATION OF NECESSARY DOCUMENTS AND MATERIALS IN CONNECTION WITH SAID PROJECT AND PROGRAM (MINNESOTA BUILDING PROJECT) 1 (a) Minnesota Statutes, 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 confened by the Act, the power to issue revenue bonds to finance a program for 4 the purposes of planning, administering, making ar 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 Paul, Minnesota 7 (the "HRA") 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 9 462C.081; 10 (c) The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota 11 (the "HRA") has received a proposal from Minnesota Vista Limited Parinership, a Minnesota 12 limited partnership (the "Bonower"), that the HRA undertake a program (the "Housing 13 Program") to finance the Project hereinafter described, through the issuance of housing revenue 14 bonds in the estimated principal amount of $7,200,000 pursuant to Minnesota Statutes, Chapter 15 462C (the "Bonds"); 16 (d) The Project to be financed by the Bonds is the acquisition of 6 floors of an 17 existing building and the renovafion thereof into an approximately 60 unit rental housing facility 18 located at 4 Street between Minnesota and Cedar Streets in the City of Saint Paul, Minnesota 19 (the "Project"); 2133271v2 �� I��� 20 (e) The proposal calls for the HRA to loan the proceeds realized upon the sale of the 21 Bonds to the Bonower pursuant to a loan agreement wherein the Borrower will be obligated to 22 pay all costs and expenses of the HRA and the City incident to the issuance and sale of the 23 Bonds; 24 ( fl The City desires to facilitate the acquisition and renovation of an existing historic 25 building into a multifamily housing facility within the City; and the Project will assist the City in 26 achieving these objectives; 27 (g) A public hearing on the Housing Program and the Project was held on this date 28 following duly published notice, at which time all persons that desired to speak were heard; and 29 (h) No public officiai of the City has either a direct or indirect financial interest in the 30 Project nor will any public official either directly or indirectly benefit financially from the 31 Project. 32 NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Saint 33 Paul, Minnesota, as follows: 34 1. The City hereby gives preliminary approval to the proposal of the 35 Borrower that the City undertake the Project, described above, and the program of financing 36 therefor, pursuant to Minnesota Statutes, Chapter 462C, consisting of the acquisition and 37 renovation of an existing historic building into a multifamily rental housing facility within the 38 City pursuant to the Bonower's specifications. 39 2. On the basis of information available to the City iY appears, and the Ciry 40 hereby finds, that the Project constitutes a multifamily housing development within the meaning 41 of subdivision 5 of Section 462C.02 of the Act; that the availability of the financing under the 42 Act and the willingness of the City to furnish such financing will be a substantial inducement to 43 the Borrower to undertake the Project, and that the effect of the Project, if undertaken, will be to 44 encourage the provision of multifamily rental housing opportunities to residents of the City, and 45 to promote more intensive development and use of land within the City. 46 3. The Project, and the program to finance the Project by the issuance of the 47 Bonds, is hereby given preliminary approval by the City subject to final approval by the HRA, 48 the Borrower and the purchasers of the Bonds as to ultimate details of the financing of the 49 Project, all subject to the availability of an allocation of tas exempt bonding authority for the 50 Bonds. 51 4. Pursuant to Chapter 72, Saint Paul, Minnesota Administrative Code, the 52 City hereby authorizes and directs the Housing and Redevelopment Authority of the City of 53 Saint Paul, Minnesota (the °HRA") to issue the Bonds to finance the Project and to take a11 54 actions necessazy or desirable in connection therewith, and no further appmval or authorization 55 of the City shall be required; provided that the HRA may, in its discretion, authorize the Board to 56 issue the Bonds and to implement the program approved hereby, and the City hereby consents 57 thereto. 2133271v2 U�-(�� 58 5. The Bonower has agreed and it is hereby determined that any and all costs 59 incurred by the City or the IIRA in connection with the financing of the Project whether or not 60 the Project is carried to completion and whether or not approved by I IRA will be paid by the 61 Borrower. 62 6. Briggs and Morgan, Professional Association, acting as bond counsel, and 63 such investment bankers as may be selected by Borrower, with the consent of the HRA, are 64 authorized to assist in the preparation and review of necessary documents relating to the Project 65 and the financing program therefor, to consult with the City Attomey, Bonower and the 66 purchaser of the Bonds as to the maturities, interest rates and other terms and provisions of the 67 Bonds and as to the covenants and other provisions of the necessary documents and submit such 68 documents to the HRA for final approval. 69 7. Nothing in this Resolution or the documents prepared pursuant hereto 70 shall authorize the expenditure of any municipal funds on the Project other than the revenues 71 derived from the Project or otherwise granted to the City or the HRA. The Bonds shall not 72 constitute a charge, lien or encumbrance, legal or equitable, upon any property or funds of the 73 City or the HRA except the revenue and proceeds pledged to the payment thereof, nor shall the 74 City or the HRA be subject to any liability thereon. The holders of the Bonds shall never haue 75 the right to compel any exercise of the taxing power of the City or HRA to pay the outstanding 76 principal on the Bonds or the interest thereon, or to enforce payment thereon against any 77 property of the City or the HRA. The Bonds shall recite in substance that the Bonds, including 78 the interest thereon, are payable solely from the revenue and proceeds pledged to the payment 79 hereof. The Bonds shall not constitute a debt of the City ar HRA within the meaning of any 80 consritutional ox statutory limitation. 81 8. In anticipation of the issuance of the Bonds to finance all or a portion of 82 the Project, and in order that completion of the Project will not be unduly delayed when 83 approved, the Borrower is hereby authorized to make such expenditures and advances toward 84 payment of that portion of the costs of the Project to be financed from the proceeds of the Bonds, 85 as the Borrower considers necessary, including the use of interim, short-term financing, subject 86 to reimbursement from the proceeds of the Bonds if any when delivered but otherwise without 87 liability on the part of the City or the HRA. 2133271v2 �-i��v 1 Adopted by the City Council of the City of Saint Paul, Minnesota this 2" day of 2 December, 2009. Requested by Department of: Adoprion Certified by Counci cretary gy: ' Approved or: Date � p B 2133271v2 Adopted by Council: Date ��/6a/O� Plann' an nomic Develo ment By: � Green Sheet Green Sheet Green Sheet G�een Sheet Green Sheet Green Sheet � i1'i�t�ail� DepartmenUOffice/Council: Date Initiated• PE _Planning&Economic �7NOV2009 Green Sheet NO: 3088536 Development ConWCt Person & Phone: Deoartment Sent To Person In' fal/Date �/ i Dlafle Nofdquist � 0 lannin¢ & Economic Develoome ��—� �!�(/ �r 66640 1 ]annin & Econoroic Develo me � Deoartmeut Director i I � � 2 i Attome R Attome � Must Be on Council genda by (Date): Nu ber 3 inancial Services I Mar aret Kell 02-DEC-09 a/.� Por Routing 4 a or's Office Ma or Doc. Type: RESOLUTION Order 5 ouncil Couocil E-Document Required: Y Document Contact: Laura Eckert Contact PNone: 66633 Total # of Signature Pages _(Ciip All Locations for Signature) Action Requested: Public Hearing and adoprion of a Resolution giving Preliminary Au[horization for the I IRA to issue up to $7,200,000 in Tvc-Exempt Housing Revenue Bonds for the acquisition and renovation of the Minnesota Building into 60 units of affordable rental housing. The project will be owned and managed by a partnership consisting of the Sand Companies. Recommendations: Approve (A) or Reject (R): personal Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this person/firm ever worked under a contract for this department? CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normally possessed by any carrent city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. I�itiating Probiem, Issues, Opportunity (Who, What, When, Where, Why): In October 2009, the HRA received a revised complete bond application, a signed Memo of Understanding and a low income housing Yax credit application from Sand Company. The applications are iequesting financing for the acquisition and rehabilitation of the Yop six floors of the Minnesota Building into 60 units of affordable rental housing. This is the preliminary approval to isse up to $7,200,000 in ta;c exexmpt bond authority. Advantages If Approved: The developers will be able [o proceed with the acquisition and creation of 60 units of affordable rental housing. Disadvantages if Approved: , , 4 ���� None $�' . � ��� .L �4 G�U;r Disadvantages If Not Approved: The project would not move forwazd. '_'q �'�id � tc B � d 1 � 8 � 7otal Amount of Transaction: CosURevenue Budgeted: Funding Source: Activity Number: Financial Information: (Explain) November 17, 2009 8:51 AM Page 1