Resolutions
Mn/DOT 21232 (9-~O)
61970
CITY OF HOPKINS
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RESOLUTION NO. 84-3138
BE IT RESOLVED that the City of Hopkins
enter into Agreement No. 61970 w1th the State of Minnesota,
Department of Transportation for the following purposes, to-wit: to
provide for payment by the C1ty to the State of the City's share of
the costs of the storm sewer facilities, concrete curb and gutter,
concrete driveway pavement, concrete walk and turf establishment
construction to be performed upon and along the north side of North
Service Drive from County State Aid Highway No. 73 to Robinwood Lane
within the corporate City limits under State ProJect No. 2706-141
(T.H. 7=12).
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BE IT FURTHER RESOLVED that the proper City Officers are hereby
authorized and directed to execute such agreement.
CERTIFICATION
State of Minnesota
County of Hennepin
City of Hopkins
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I hereby certify that the foregoing
copy of the resolution presented to
of the City of Hopk1ns
meeting thereof held on the 17th
19 84 , as shown by the minutes of
Resolution is a true and correct
and adopted by the Council
at a duly authorized
day of Mav
said meeting 1n my possesion.
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City Clerk
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Councilmember Anderson
introduced the following Resolution and moved its adoption:
RESOLUTION NO. 84-3137
AMENDING A HOUSING PLAN TO INCLUDE A PROGRAM FOR
THE ISSUANCE OF HOUSING REVENUE BONDS AND
AUTHORIZING SUBMISSION OF SAME TO THE
METROPOLITAN COUNCIL AND
THE MINNESOTA HOUSING FINANCE AGENCY
WHEREAS, pursuant to the Minnesota MunIcipal Housing Act,
Minnesota Statutes, Chapter 462C (the "Act"), a City is authorIzed
to amend its housing plan (the "Housing Plan") to carry out
programs for the financing of housing for elderly persons; and
WHEREAS, the Act requires adoption of an amendment to the
Housing Plan after a public hearIng held thereon after publication
of notice in a newspaper of general circulation in the City at
least thirty days in advance of the hearing; and
WHEREAS, the City of Hopkins (the "City") has on thIS date
conducted a public hearing on the amendment to its Housing Plan
after publication of notice as required by the Act; and
WHEREAS, the amended Housing Plan includes a program (the
"Program") for the issuance of housing revenue bonds to finance a
housing development for the elderly known as Chapel View
ResIdences; and
WHEREAS, the Act further requires submission of the
amendment to the Housing Plan to the Metropolitan Council for its
review and comments, and submission of the Program to the
Minnesota Housing Finance Agency (the "MHFA") for its approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Hopkins:
1. That the amendment to the Housing Plan of the City,
including the Program, is hereby" in all respects adopted.
2. That the City Manager is hereby authorized to submit
the amendment to the HOUSIng Plan to the Metropolitan Council, and
to submit the Program to the MHFA, and to do all other things and
take all other actions as may be necessary or appropriate to carry
out the Program in accordance with the Act and any other
applicable laws and regulations.
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Adopted by the CIty Council, the City of Hopkins,
Minnesota, this l7th day of May, 1984.
SIgned
Mayor
Attest:
City Clerk
The motIon for the adoption of the foregoIng Resolution
was duly seconded by Councilmember Anderson
and upon vote being taken thereon the followIng voted in favor
thereof: Lavln, Anderson, Ml1bert, Ml11er
Shlr1ey abstalned.
and the following voted against the same:
Whereupon the Resolution was declared duly passed and adopted.
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EXHIBIT A
TO
RESOLUTION RELATING TO THE ISSUANCE OF REVENUE
BONDS PURSUANT TO CHAPTER 462C, MINNESOTA
STATUTES, FOR THE PURPOSE OF FINANCING A MULTI-
FAMILY HOUSING DEVELOPMENT; GIVING PRELIMINARY
APPROVAL TO THE DEVELOPMENT AND CALLING FOR A
PUBLIC HEARING ON AN AMENDMENT TO THE CITY'S
HOUSING PLAN TO INCLUDE A PROGRAM FOR THE
ISSUANCE OF SUCH REVENUE BONDS
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CITY OF HOPKINS
AMENDMENT TO 462C HOUSING PLAN
AND
PROGRAM FOR THE CONSTRUCTION OF A
MULTI-FAMILY HOUSING DEVELOPMENT
(CHAPEL VIEW RESIDENCES, INC. PROJECT)
Pursuant to Minnesota Statutes, Chapter 462C (the "Act"),
the City of Hopkins, Minnesota (the "City") has been authorized to
develop and administer programs of multi-family housing
developments under the CIrcumstances and within the limitations
set forth in the Act. Minnesota Statutes, Section 462C.07
provides that such programs for multi-famIly housing developments
may be financed by revenue bonds issued by the City.
The City has received a proposal from Chapel View
Residences, Inc. (the "Corporation"), that, pursuant to the
authority found In the Act, the City approve a program (the
"Program") for the fInancing of the construction by the
Corporation of an approximately 80,000 square feet, four-story
housing facility for the elderly (the "Project"). The Project
will be an additIon to the eXIstIng Chapel View Care Center,
located at 615 Minnetonka MIlls Road in the City (the "Care
Center"). The Project will contain 56 housing units -- 10
efficiency, 43 one-bedroom and 3 two-bedroom apartments ("Housing
Units"), to be rented to the elderly. It is estimated that rents
for the Housing Units will be between $400 and $930 per month.
Rent will include all utilities other than telephone. The Project
may share some of the systems of the Care Center, such as the
heating system. Tenants In the Project may, on a case-by-case and
per diem basis be supplied with nursIng or housekeeping services
from the Care Center. The Project will be constructed with
f1re-resistant prestressed concrete with a brick exterior facing
similar to that of the Care Center. Wherever possible,
accessibility to the handicapped will be considered in the
construction of the Project. The construction of the Project is
to be funded through the issuance of one or more series of up to
$3,370,000 in revenue bonds issued by the City (the "Bonds"). It
is proposed that the Bonds be sold publicly through an underwrIter
and that the Bonds will include some form of credit enhancement,
such as additional collateral, insurance or a letter of credit, in
order to provide favorable interest rates. Following construction
of the ProJect, the Corporation will own and operate the Project
as a multi-famIly resIdential rental project for the elderly. The
proposed apartments are planned as an alternative to residence in
a nursIng home for elderly in the area who still have some
capability for independent lIving but need certain supportive
services.
The Project will allow the residents to be as active and
involved as poss1ble for a longer per10d of t1me, as compared to a
nurs1ng home, by giv1ng the 1nd1v1duals the opportun1ty to use the
capab111t1es they have in an 1ndependent sett1ng w1th the
supportive services they need ava1lable. Th1S 1S in contrast to
the institutionalized sett1ng of a nursIng home where certaIn
capabil1t1es of the elderly are lost because they cannot be used.
However, the Care Center w111 be ava1lable on a prior1ty basis
when deterioration of a resident 1n the ProJect 15 such that
nurs1ng home care 1S needed. There 15 no other fac111ty 1n the
area that has th1s concept of serV1ce.
The use of tax-exempt bonds for the Project w1ll allow
more affordable non-subs1dized rental units for the elderly in the
C1ty. Elderly housing, due to the phys1cal care requ1rements of
the elderly, their soc1al needs and the proxim1ty of supportive
services desired, should be new construct10n, such as the Project,
designed and built to accommodate their spec1al needs. The
Project w111 also increase the var1ety of hous1ng types and costs
in the C1ty. The Project, by prov1d1ng alternat1ve hous1ng for
the elderly, should result in add1t10nal s1ngle-fam1ly housing
becoming ava1lable to younger and larger famil1es. The Project
will meet the needs and objectives of the C1ty and the publ1C by
caring for the needs of the ag1ng in the best 11festyle available
at the least expense poss1ble.
The C1ty, in establish1ng th1S Program has considered the
information contained in the Housing Plan, 1nclud1ng part1cularly
(i) the availabil1ty and affordabil1ty of pr1vate market financ1ng
for the construct10n of mult1-fam1ly hous1ng un1tsi (i1) the
ava1lab1lity and affordabil1ty of other government hous1ng
programsi (ill) an analys1s of populat10n and employment trends
and projections of future population trends and ,future employment
needsi (lV) the recent housing trends and future hous1ng needs of
the C1tYi and (v) an analysis of how the Program w1l1 meet the
needs of persons and fam111es res1d1ng and expected to reside in
the C1ty.
The City, in adopting the Program, has further considered
(i) the amount, timing and sale of Bonds to f1nance the
construction of the Housing Un1ts, to fund the appropr1ate
reserves and to pay the cost of issuancei (i1) the method of
mon1toring and implementat10n of the Program to 1nsure compliance
with the C1ty'S Housing Plan and 1ts objectivesi (111) the method
of administering, serv1c1ng and superv1s1ng the Programi (iv) the
cost to the City, 1nclud1ng future adm1nlstrative expensesi (v)
the restr1ctions on the multi-family development to be financed
under the Program; and (vi) certaIn other 11m1tat10ns.
The City, 1n adopt1ng the Program, considered the
potential f1nanc1al 1mpact of a bond 1ssuance on affected public
agencies. In addition, the C1ty rev1ewed the method of marketing
the Program. Such review 1ncluded the exam1nation of the equal
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opportunity for partic1pat10n by: (i) minoritiesi (1i) households
with incomes at the lower end of the range that can be served by
the Programi (1ii) households displaced by publ1C or pr1vate
actioni (iv) families w1th childreni and (v) access1b111ty to the
hand1capped.
The Project will be construed and f1nanced pursuant to
SUbdivisions I and 4 of Section 462C.05 of the Act.
Subsection A. Defin1tions
The follow1ng terms used 1n this Program shall have the
following mean1ngs, respect1vely:
(I) "Act" shall mean M1nnesota Statutes, Section 462C.OI,
et seq., as currently 1n effect and as the same may be from time
to time amended.
(2) "Bonds" shall mean the revenue bonds to be 1ssued by
the C1ty to finance the Program.
(3) "City" shall mean the City of Hopk1ns, County of
Hennepin, State of M1nnesota.
(4) "Corporat10n" shall mean Chapel View Res1dences,
Inc., a Minnesota nonprof1t corporat10n.
(5) "Housing Plan" shall mean the City of Hopkins 462C
Housing Plan, adopted on April 19, 1983, sett1ng forth certa1n
1nformation required by the Act.
(6) "Housing Unit" shall mean anyone of the apartment
units located in the Project, occup1ed by one person or family,
and containing complete l1ving fac111t1es.
(7) "Land" shall mean the real property upon which the
Project will be situated.
(8) "Program" shall mean the program for the financing of
the Project pursuant to the Act.
(9) "Project" shall mean the mUlti-family housIng
development for the elderly cons1st1ng of approx1mately f1fty-six
(56) Hous1ng Un1ts to be constructed by the Corporation on the
Land.
Subsect10n B. Program for F1nanc1ng the ProJect
It is proposed that the C1ty establish th1s Project to
construct fifty-six (56) Hous1ng Units to be owned by the
Corporat~on, at the price and upon such other terms and cond1t1ons
as may be agreed upon in writing between the City and the
Corporation. To do th1s, the C1ty expects to issue one or more
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series of Bonds, the proceeds of which will be loaned to the
Corporation for construction and initial financing of the Project.
It is expected that a Trustee will be appointed by the City to
monitor the construction of the Project and any payments of
principal and interest on the Bonds. The cost of a credit
enhancement item will be borne by the Corporation and payable in
addition to the princIpal and interest on the Bonds.
It is contemplated that the Bonds shall contain a maturity
of thirty (30) years and will be priced to the market at the time
of issuance. It is anticipated that the Bonds will be issued in
June, 1984.
The City will hire no additional staff for the
administration of the Program. The City intends to select and
contract wIth a trustee experienced in trust matters to
administrate the Bonds.
Insofar as the City will be contracting with underwriters,
the trustee, and others, all of whom will be reimbursed from bond
proceeds and revenues generated by the Program, no administrative
costs will be paid from the City's budget with respect to thIS
Program. The Bonds w111 not be general oblIgation bonds of the
City, but are expected to be paid from properties pledged to the
payment thereof, which may include a credit enhancement item such
as insurance or a letter of credit.
Subsection C. Local Contributions to the Program
It is not contemplated that any additional financIng or
contributions will be needed for the completion of the Project, or
for the operatIon of the Program.
Subsection D. Standards and RequIrements Relating to the
Financing of the Project Pursuant to the Program
The following standards and requirements shall apply with
respect to the operation of the ProJect by the Corporation
pursuant to this Program:
(1) Substantially all of the proceeds of the sale of the
Bonds will be used to provide funds for the construction of the
ProJect, which will provide approximately fifty-six (56)
residential units. The funds will be made available to the
Corporation pursuant to the terms of the Bond offering, which may
include certain covenants to be entered into between the CIty and
the Corporation.
(2) The Corporation will not arbitrarily reJect an
application from a proposed tenant because of race, color, creed,
religion, national origin, sex, marItal status, age or status wIth
regard to public assistance or disability.
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(3) No Housing Unit may be in violation of applicable
zoning ordinances or other applicable land use regulations,
including any urban renewal plan or development district plan, and
including the state building code as set forth under Minnesota
Statutes, Section l6.83, et seq.
Subsection E. Evidence of Compliance
The City may requIre from the Corporation or such other
persons deemed necessary, at or before the issuance of the Bonds,
evidence satIsfactory to the City of the ability and intention of
the Corporation to complete the ProJect, and evidence satisfactory
to the City of compliance wIth the standards and requirements for
the making of the financing established by the City, as set forth
herein; and in connectIon therewith, the City or its
representatives may inspect the relevant books and records of the
Corporation in order to confIrm such ability, intention and
compliance. In addition, the City may periodically requIre
certification from either the Corporation or such other persons
deemed necessary, concerning complIance wIth various aspects of
this Program.
Subsection F. Issuance of Bonds
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To finance the Program authorized by this Section, the
City may by resolution authorize, issue and sell one or more
series of its Revenue Bonds in an aggregate principal amount
estimated to be up to $3,370,000. The Bonds shall be issued
pursuant to Section 462C.07, Subdivision I of the Act, and shall
be payable primarily from the revenues of the Program authorized
by this Section.
Subsection G. SeverabIlity
The provisions of this Program are severable and if any of
its provisions, sentences, clauses or paragraphs shall be held
unconstitutional, contrary to statute, exceeding the authority of
the City or otherwise illegal or inoperative by any court of
competent jurisdiction, the decision of such court shall not
affect or impair any of the remaining provisions.
Subsection H. Amendment
The City shall not amend this Program whIle Bonds
authorized hereby are outstanding to the detriment of the holders
of such Bonds.
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 84-3131
RESOLUTION SUPPORTING
INDEPENDENT ~~NAGEMENT STUDY OF
METROPOLITAN WASTE CONTROL COMMISSION
WHEREAS, many mun1cipal off1cials,
throughout the metropolitan area
about the operations of the
Commission, and
bus1nessmen and other persons
have expressed grave concern
Metropolitan Waste Control
WHEREAS, in recogn1t10n of such concerns, Governor Rudy Perp1ch
commendably appo1nted an able and representative Governor's
Citizens Commission to review the MWCC, and
WHEREAS, such commission conducted an extens1ve investigat10n of
the operations of the MWCC and of public perceptions of 1t, and
WHEREAS, such commiss10n, on
f1ndings and recommendations
Minnesota, and
December 29, 1983,
to the Governor of
reported
the State
1ts
of
WHEREAS, such recommendations included a recommendat10n for the
conduct of an independent management study of MWCC, and
WHEREAS, the Associat10n of Metropolitan Munic1pal1t~es,
Association of Metropolitan Area Managers, the Suburban
Authority, and others concurred in the recommendat1on that
an 1ndependent management study be conducted, and
the
Rate
such
WHEREAS, it appears that the state planning off1ce has undertaken
in1t1al steps towards obtaining such an independent study, and
WHEREAS, the aforesa1d organizations have expressed their
interest in prov1d1ng representation on a committee Wh1Ch would
help to formulate the work program for such study, to monitor
its progress and to evaluate its conclusions, and
WHEREAS, 1t is critical to the credibility and acceptability of
any such management study that it be an independent study, rather
than a study done under the supervision and control of the MWCC,
and
WHEREAS, such commission recommended a number of measures
requ1ring leg1slative action, but 1t now appears that the
Governor's office has chosen not to support any such leg1slative
action at th1S t1me, and
WHEREAS, the compromising or abandon1ng of the concept of an
1ndependent management study, espec1ally when coupled with a lack
of leg1slative act10n, would constitute a severely damaging blow
to the hopes and expectations of those who have been work1ng in
good faith to establ1sh a higher level of confidence in the MWCC,
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NOW, THEREFORE BE IT RESOLVED by the City Council of the City of
HOl'KTNS , as follows:
I. This council strongly endorses and urges the conduct of
an independent management study of the MWCC as recommended by the
Governor's Citizens Commiss1on to reV1ew the MWCC.
2. This counc11 believes that such study w111 have maximum
value only if it is an independent study formulated and conducted
through the use of an adv1sory committee broadly representative
of the mun1cipalities in the metropolitan area.
3. This council urges the Governor of the State of
Minnesota and other appropriate officials to take whatever
actions may be necessary to 1nitiate such an independent study at
the earliest poss1ble date.
4. Let a copy of th1S resolut10n be transmitted to the
Governor of the State of Minnesota, the chairman and members of
the Metropolitan Waste Control Commiss10n, the cha1rman and
members of the Metropol1 tan Council and the members of the
Minnesota State Legislature representing this city.
J. SCOTT RENNE
City Clerk
ROBERT F. MILLER
Mayor
JERRE MILLER
Acting Clty Attorney
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