CR 88-127 Refunding Auburn Housing
.
(J
M
~~
June 27, 1988 ~ ~ Council Report: 88-127
o ..
P I( \
REFUNDING AUBURN NORTH/SOUTH HOUSING BOND
iLopos~d Action.
Staff recommends adoption of the following action: ~pproval Qf
R~solution qivinq preliminary approval to the sale and issuance of
$5.375.000 colla~erali2ed Housinq Development Refunding Bonds (Aubu~
~tm.ent proj ect Series 1988) and $625.000 t.axable Collateralized
H~u~ina Development Bond (Auburn Apartment proiect Series 1988).
Approval should be conditioned upon the applicant agreeing to pay any
leqal expenses incurred by the city in conjunction with this matter.
Approval of this resolution will demonstrate preliminary acceptance by
the City council for Hiller & Schroeder to continue processing this
item in accordance with their recommended schedule.
OVerview.
In 1983 the city Council approved the sale of $5,600,000 in tax exempt
housing bonds to finance the Auburn North and South Project. These
two townhouse projects were built by Richard Neslund and are located
as follows:
- Auburn South - southwest corner of Lake street & Tyler
. Avenue
.. - Auburn North - southWc.st corner of Highway t 7 & Van Burn
. Avenue
The refunding of this issue is being requested because of the lower
interest rates which can be obtained in todays market. With approval
by the city council of the preliminary. resolution and final resolution
at a subsequent date, the applicant will be able to sell both a tax
exempt and taxable bond to refinance the project and take advantage of
existing lower interest rates.
PrimarY Issues to Consider.
o What are the obligations of the applicant as relates to an
issue of this type?
o Does the City have any obligation as a result of this
action or future action on this item? .
o Are there any costs to the city?
o How were the amounts of the proposed issues determined?
o Has the City Attorney reviewed this proposed action? ,
o What othe~ actions will the City council be requested to
undertake? .
supporting Information.
o Resolution
o~ifunding Schedule . .
· J: n!" ",
.- \y / CI..A.t;/ "-
Jam s D. KerHga1 .
Planning & Econ~ic
Development DirectOl'
-, ,.. ".'. .-.... .. '.' ...~
- -
. .
. Council Report:88-127
Page 2
Al)41vsis.
Based upon the recommendation, the city Council has the following
issues to consider:
- Does the City have any obligation as a result of this action or
future action on this item?
Only preliminary approval is being requested at this time. The City
has the ab.ility to deny' final appz:'oval if they feel appropriate
because of additional information.
The City Council should be aware that the City does not have any
obligation for payment on these bonds shou1d there ever be a default.
They are secured by a letter of credit from a private financial
institution.
- Are there any costs to the city?
Any costs which the City has as relates to this item involve attorney
;. fees to review the land docwnents. The staff is recommending that the
approval be conditioned upon payment of these fees by the applicant.
- How was the amount of the proposed issue determined?
The original issue for this project was $S,600,OOOs With payment to
date the outstanding balance is $5,375,000.
The $625,000 taxable bond is being sold to pay all the costs, ie. land
attorney, issuance costs, legal fees, etc. which will be incurred by
the applicant in conjunotion with the $5,375,000 refunding issue.
- Has the city Attorney reviewed this matter?
The City Attorney has met with a representative of Miller & Schroeder
to discuss this item.
- What other actions will the city Council be requested to undertake?
If the preliminary resolution is approved, the City Council will be
requested to consider two future actions in conjunction with this
item:
. - July 19 - approval of sale of $625,000 taxable bond.
- Sept 6 - final approval of $5,375,000 refunding bonds.
~ -.- .""".7
. .
Council Report:8S-127
Page 3
- What are the obligations of the applicant as relates to an issue of .,
,;
this type?
The major l"esponsibility of the applicant is to make the necessary
land payments. Also, because this project involves a tax exempt
issue; 20% of the units in the project must be maintained. for
low/moderate income households for the life of the land.
Alternatives.
The city Councll has the following alternatives regarding this item:
L. Approve the action as recommended by the staff. This
will allow Hiller & Schroeder to continue processing this
item.
2. Request additional information. The staff should be
directed as to the information being requested.
3. Deny the resolution. This will provide Miller &
Schroeder with the City Councils feeling on this matter
. and will probably terminate future action. Onder this
situation the applicant will be required to retain the
existing land with its' higher interest rate.
.
.... -- - LI:::..
. , ~
.
. CITY COUNCIL
OF THB
CITY OP HOPKINS, MINNESOTA
Resolution No.
RESOLUTION GIVING PRELIMINARY APPROVAL TO
THE ISSUANCE AND SALE OF $5,375,000
COLLA TE RALlZED HOUSING DEVELOPMENT
REVENUE REFUN DING BONDS (AUBURN
APARTMENTS PROJECT), SERIES 19889 AND THE
ISSUANCE AND SALE OF UP TO $625,000 TAXABLE
COLLATERALIZED HOUSING DEVELOPMENT
REVENUE BONDS (AUBURN APARTMENTS
PROJECT), SERIES 1988.
RECITALS:
WHEREAS, the City of Hopkins, Minnesota (the I1lssuer") is authorIzed,
pursuant to Minnesota Statutes, Chapter 462C (the "Housing Act") to develop and
administer multifamily housing programs pursuant to a housing plan, which may be
financed by the issuance of the housing revenue bonds ot the Issuer; and
. WHEREAS, the Issuer has adopted a housing plan (tile "Housing Plan") after
public hearing thereon and review and com ment by the Metropolitan Council
pursuant to and in conformance with the provisions of the fiousing Act; and
WHEREAS, the Issuer has prepared and approved a program within the
Housing Plan (the "Program") to finance the a(,.~uisition, construct ion and
installation of a 136.-unit multifamily r~ntal housing development (the "Project"), "".
located in the City of Hopkinsf and constructed, owned and operated by Richard ._co
Neslund (the "Developer''), and whereas the City Council has approved the Program
and the Minnesota Housing Finance Agency has approved the Program, all in
conformance with the provisions of the Housing Act; and
WHEREAS, the Issuer has issued its $5,600,000 Multifamily Housing Revenue
Bonds (Auburn Apart ments Project), dated as of October 1~ 1983 (the "Prior
Bonds"), in order to finance the Project; and
WHEREAS, the Company has requested that the Issuer give preliminary
approval tor the issuance of revenue reCunding bonds of the Issuer pursuant to the
Housing Act for the purpose of refunding the outstanding Prior Bonds and obtaining
more favorable long term financing COr' the Project; and
WHEREAS, the Company has requested that the [ssuer give preliminary
appl"oval for the issua.nce of additional taxable revenue bonds of the Issuer purs'Jant
to the Housing Act (or the purpose of paying certain costs of refunding the Prior
Bonds and certain other costs;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HOPKINS, MINNESOTA:
1
.. ,. .
,
II Section 1. For the purpose of refunding the Prior Bonds, the City Council of
the tuue~ hereby giV" preliminary approval to the Issuance and saJe of $5,3'15,000
Collateralized Housing Development Rev'llnue Refunding Bonda (Auburn
Apartment. Project), Series 1988 (the "R.efunding Bonds").
~c:t~on 2. For the purpose of paying cf:rtain costs of refunding the Pr~or
Bonds and tor certain other costs of the Project, the City Council ot the Issuer
hereby rives preHminary approval to the Issuance and salE' of lip to $625,000
Taxable Collateralized: Housing Development Revenue Bonds (Auburn Apartments
ProJect), Series 1988 (the "Taxa~le Bonds").
^\
Section 3. The RefulIlding Bonds and the Taxable Bonds shall be special
obUgatlol1l of the Issuer, payable solely from the re.,enues received from the
Project and property pledged to the payment thereof.
Section 4. Miller & Scl".roeder fl'lnanci:ll, Inc. is hereby d~signated as
underwriter of the Refunding Bonds and the Taxable> Bonds.
Adopted by the City Council on July 5, 1988.
Mayor'
, {SEAL]
ATTEST:
City Clerk
.
2
A
.
II ']. ,11 ~n'c' ~jH1m'".r,1 iHl'(I) 1-lt12 .6\..'(,2
..... \-1- . I "I! j-r,'d )1 hc'r ::;t .It<'' (1l(\.1l lZK.(' 122
~ '
I
It .j Miller & Schroeder Financial, lne.
-~~~-- --.._~-------~~..- - ~- -~- ~-- .--_.-_.~-_..~.~ -- .~~_.._. ---~._-~- ._~--'.'~-~ --~--'~ -, ~_. ..._.._.,._.-..~P--_.,--~.,
N"rtnw('Ml'rn hn;m<:lall:,'nll'f' i'A.") '..'rH" Awnu... :-;"\wb -I' U, P,,\ 7;-{<I. ~ IU1I1<'."",ll'. !\.Ilnlw,,-'l:' 'i'i4'W (M 2) K' 1.\ 'i00
$5,375,000
CrTY OF HOPKINS, MINNESOTA
COLLATERALIZED HOUSING DEVEWPKEN'T REVENUE REFUNDING BONDS
(AUBURN APAR'I'tIENTS PROJECl")
SERIES 1988
I
and 'I
$625,000
CITY OF HOPKINS, MINNESOTA ..'
TAXABLE COLlATERALIZED HOUSING DEVEIDPKENT REVEMUB BONDS
(AUBURN APARTKENT PROJEcr)
SERIES 1988
REFUNDING SCHEDULE
. ~ ~pTIVITY RESPONSIBLE PARTY
June 22 Send draft of Induce- Bond Counsel
ment Resolution to the
city of Hopkins for the
refunding bonds & the ta~-
able tail.
July 5 Receive preliminary ap- city council
proval for refunding Miller & Schroeder
bonds & Taxable Tail
from city-
July 6 Distribute Bond docu- Bond Counsel
ments for refunding. Disclosure Counsel
July 18 Drafting Session Bond Counsel
Submit Refunding docu~ Miller & Schroeder
ments to S&P. Developer & Counsel
Disclosure counsel
July 20 Market Taxable Tail Miller & Schroeder
July 21 Resubmit to S&P w/changes Bond Counsel
& circulate revised oisclosure counsel
Docwnents
Revised 6/23/88
H~uart,.,,: Min""apoIi>. Minn<-sllU
&oneh ()ffi,,:~: St.w... Ik.h, Ulik>mU . Soon F",nci:;(<>. C~lilOf1lu . St. Pout. Minnc<oU . Mil"..uk... Wiw:"".in' Columbuo, Ohio . HoooIulu. tt.....
~to,.'" rIK- Sc-l.:....." 1,,-.ro.l:l.W ....1ICI:t....C~1DIl
~
---- ~
-' .
.
-2-
July 25 Second Drafting Session Bond Counsel
Miller & Schroeder
Developer , Counsel
Disclosure Counsel
July 26 Print preliminary Miller & Schroeder
Official statement Disclosure Counsel
July 27 Set rate for Taxable Tail Miller & Schroeder
Developer
August 2 City Council approval Miller & Schroeder
for Taxable Tail
Week of
August 1 Receive rating from Miller & Schroeder
. Rating Agency Bond Counsel
Market Bonds Developer & Counsel
Close Taxable Tail Trustee
August 5 Set Bond Rate Developer
Miller & Schroeder
August 10 Print Bonds Miller & Schroeder
August 15 Deliver Bonds to Trustee Printer & Trustee
Print Final Official
statement .~I
September 6 Pre-Closing Bond counselt
Miller & Schroeder
Developer & Counsel I'
Disclosure Counsel
Trustee
Final approval for re- city council
funding bonds Miller & Schroeder
September 7 Closing All parties above
Notice to Bondholders Trustee
.1
. I
..'1