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HomeMy WebLinkAbout87-211 - ADMIN Resolution - City Council - 1987/12/21RESOLUTION NO. 87-211 RESOLUTION FOR A PROGRAM AMENDMENT OF THE HOUSING PLAN AND PROGRAM OF THE CITY OF ST. LOUIS PARK AND GIVING PRELIMINARY APPROVAL TO A MULTIFAMILY RENTAL HOUSING PROJECT UNDER MINNESOTA STATUTES, CHAPTER 462C WHEREAS, pursuant to the Minnesota Municipal Housing Act, Minnesota Statutes. Chapter 462C (the "Act"), a City is authorized to adopt a housing plan aria -6/-0y out programs for the financing of multifamily housing for persons of low and moderate income; and WHEREAS, the Act requires adoption of the housing plan after a public hearing held thereon after publication of notice in a a newspaper of general circulation in the City at least 30 days in advance of the hearing; and WHEREAS, the City of St. Louis Park (the "City") published notice of a public hearing on a proposed housing plan (the "Housing Plan") on August 1, 1979; and WHEREAS, the City conducted a public hearing on the Housing Plan on September 4, 1979; and WHEREAS, the City Council (the "Council") of the City of St. Louis Park (the "City") has, by Resolution No. 6386 'dated October 3, 1979, adopted a Housing Plan for the City in accordance with the Municipal Housing Finance Act, Minnesota Statutes, Chapter 462C (the "Act"), and has adopted subsequent amendments to such Plan; and WHEREAS, the Council to the City has before it on this date a program amendment to said Housing Plan to include an additional proposed multifamily rental housing program (the "Program"); and WHEREAS, upon review of and comment upon said Housing Plan amendment by the Metropolitan Council, and approval of the Program by the Minnesota Housing Finance Agency, the City intends to proceed to issue its revenue bonds to finance a qualified multifamily rental housing project; and WHEREAS, Glenpark Evangelical Manor, a Minnesota nonprofit corporation (the "Developer") has requested that the City give preliminary approval for the issuance of revenue bonds of the City pursuant to authority conferred by the Act in an amount presently estimated not to exceed $6,000,000 to finance the acquisition of land and buildings, and facilities functionally related to, a 105 -unit elderly rental housing development constructed thereon (the "Project") located at 4301 Park Glen Road in the City; and WHEREAS, the Act requires adoption of a program after a public hearing held thereon after publication of notice in a newspaper of general circulation in the City at least fifteen days in advance of the hearing; and 1 WHEREAS, the City adopted a Housing Program (the "Program") for multifamily housing revenue bonds as a part of the Housing Plan Amendment on October 6, 1986; and WHEREAS, the City published notice of a public hearing on the Project on or before December 6, 1987; and WHEREAS, the City of St. Louis Park (the "City") has on this date conducted a public hearing on the Program for the Project, after publication of notice as required by the Act; and WHEREAS, the Project as proposed will provide housing within the City for persons of low and moderate income, in furtherance of the objectives of the Act and the Housing Plan of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota: 1. The title "Housing Plan and Program 1979-1987" of the City's Housing Plan and Program is hereby changed to "Housing Plan and Program 1979-1990". 2. Page 50 of the Housing Plan and Program of the City is hereby revised by the addition of the Project and is hereby identified as "Page 50 as revised and approved by the City Council on December 21, 1987." 3. The Project is hereby given preliminary approval by the City and the issuance of bonds for the purpose of financing the development cost of the Project approved, subject to approval of the Program' by the Minnesota Housing Finance Agency, and to mutual agreement of this body, the Developer and the initial purchasers of the bonds as to the details of the bond issue and provision for their payment. In all events, it is understood, however, that the bonds of the City shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City except the Project and each bond, when, as, and if issued, shall recite in substance that the bond, including interest thereon, is payable solely from the revenues received from the Project and property pledged to the payment thereof, and shall not pledge the full faith and credit of the City to the payment thereof, and shall not constitute a debt of the City. The foregoing preliminary approval of the Project by the City is for purposes of financing pursuant to the Act and shall not be construed as a waiver of any zoning, density, land use, or similar restrictions which may be applicable to the Project. 4. That the City Manager is hereby authorized to submit the Program to the Minnesota Housing Finance Agency and to do all other things and take all other actions as may be necessary or appropriate to carry out the Program as amended in accordance with the Act and any other applicable laws and regulations. 5. Holmes et Graven, Chartered, is authorized as Bond Counsel to assist in the preparation and review of necessary documents relating to the Project and bonds issued in connection therewith. 2 r ii 6. It is understood and agreed that the Developer shall indemnify the City against all liabilities, losses, damages, costs and expenses (including attorneys' fees and expenses incurred by the City) arising with respect to the Project or the Bonds, all as to be more fully provided for an agreed to by and between the Developer and the City in a Bond Purchase Agreement and the Loan Agreement to be entered into by such parties with respect to the Bonds. 7. The Developer will pay all expenses incurred by the City in connection with the Bonds, including the fees and expenses of the attorney to the City, all as more fully provided for and agreed to in the aforementioned Bond Purchase Agreement and Loan Agreement. ADOPTED by the City Council December 21, 1987. Mayor ATT ST: ""a4g . .1..„.., City Cler Reviewed for administration: Approved as to form and execution: 3 4b City Attorn