16-28 - 05-03 - Call for Public Hearing Host Approval Minnetonka Resolution 16-28 May 3, 2016
Member Fonnest introduced the following resolution and moved its adoption:
RESOLUTION CALLING FOR A PUBLIC HEARING FOR THE PURPOSE OF
PROVIDING HOST APPROVAL FOR THE ISSUANCE OF REVENUE
OBLIGATIONS BY THE CITY OF MINNETONKA
BE IT RESOLVED by the City Council of the City of Golden Valley, Minnesota (the
"City") as follows:
Section 1. Recitals.
1.01. Pursuant to the Constitution and laws of the State of Minnesota, particularly
Minnesota Statutes, Chapter 462C, as amended (the "Act"), a municipality is authorized to
issue revenue bonds to finance multifamily housing developments.
1.02. Minnesota Statutes, Section 471.656, as amended, authorizes a municipality
to issue obligations to finance the acquisition or improvement of property located outside of
the corporate boundaries of such municipality if the obligations are issued under a joint
powers agreement between the municipality issuing the obligations and the municipality in
which the property to be acquired or improved is located. Pursuant to Minnesota Statutes,
Section 471.59, as amended, by the terms of a joint powers agreement entered into
through action of their governing bodies, two municipalities may jointly or cooperatively
exercise any power common to the contracting parties or any similar powers, including
those which are the same except for the territorial limits within which they may be exercised
and the joint powers agreement may provide for the exercise of such powers by one or
more of the participating governmental units on behalf of the other participating units.
1.03. CHC Minnetonka Affordable Housing LLC, a Minnesota limited liability
company, or any of its affiliates (collectively, the "Borrower"), has proposed that the City
approve the issuance by the City of Minnetonka, Minnesota ("Minnetonka") of one or more
series of revenue obligations (the "Bonds") in the approximate aggregate principal amount
of$11,500,000. The Borrower intends to apply a portion of the proceeds of the Bonds to
finance the substantial rehabilitation of eight (8) existing affordable townhome units on
scattered sites located at 2100 Douglas Drive North and 3354 Lilac Drive North in the City
(the "Golden Valley Project"), which constitute a multifamily housing development
authorized under the terms of the Act.
1.04. Prior to the issuance of the Bonds by Minnetonka, the City Council of the City
is required to: (i) conduct a public hearing in accordance with the requirements of the Act
and Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code") with
respect to the proposal to issue the Bonds; and (ii) approve the issuance of the Bonds by
Minnetonka to finance, in part, the rehabilitation of the Golden Valley Project.
Section 2. Required Actions.
2.01. The City Council will meet at 6:30 p.m. on Tuesday, June 7, 2016, to conduct
a public hearing and consider the proposed issuance of the Bonds by Minnetonka in
accordance with Minnesota Statutes, Sections 471.59 and 471.656, as amended, to
finance, in part, the Golden Valley Project.
Resolution No. 16-28 -3- May 3, 2016
EXHIBIT A
NOTICE OF PUBLIC HEARING
CITY OF GOLDEN VALLEY, .MINNESOTA
NOTICE OF A PUBLIC HEARING TO BE CONDUCTED BY THE CITY OF
GOLDEN VALLEY WITH RESPECT TO THE ISSUANCE OF REVENUE
OBLIGATIONS BY THE CITY OF MINNETONKA
NOTICE IS HEREBY GIVEN that the City Council of the City of Golden Valley,
Minnesota (the "City"), will hold a public hearing on Tuesday, June 7, 2016, at or after
6:30 pm at City Hall, located at 7800 Golden Valley Road in the City, to consider a proposal
that the City grant host city approval to the issuance of one or more series of revenue
obligations (the "Bonds"), in the approximate aggregate principal amount of$11,500,000, by
the City of Minnetonka, Minnesota ("Minnetonka") under Minnesota Statutes, Chapter 462C,
as amended (the "Act"), and Minnesota Statutes, Sections 471.59 and 471.656, as
amended, for the benefit of CHC Minnetonka Affordable Housing LLC, a Minnesota limited
liability company, or any of its affiliates (collectively, the "Borrower"). The Borrower intends
to apply a portion of the proceeds of the Bonds to finance the substantial rehabilitation of
eight (8) existing affordable townhome units on scattered sites located at 2100 Douglas
Drive North and 3354 Lilac Drive North in the City (the "Golden Valley Project"), which
constitute a multifamily housing development authorized under the terms of the Act.
The Bonds will be special, limited obligations of Minnetonka, and the Bonds and
interest thereon will be payable solely from the revenues and assets pledged to the
payment thereof. No holder of any Bonds will ever have the right to compel any exercise of
the taxing power of the City to pay the Bonds or the interest thereon, nor to enforce
payment against any property of the City. The Bonds are to be payable solely from
revenues and security provided by the Borrower to Minnetonka and pledged to the payment
of the Bonds. Before issuing the Bonds, Minnetonka will enter into an agreement with the
Borrower, whereby the Borrower will be obligated to make payments at least sufficient at all
times to pay the principal of and interest on the Bonds when due.
At the time and place fixed for the public hearing, the City Council will give all
persons who appear at the hearing an opportunity to express their views with respect to the
proposal. In addition, interested persons may direct any questions or file written comments
respecting the proposal with the City Clerk, at or prior to said public hearing.
Dated: [Date of Publication]
BY ORDER OF THE CITY COUNCIL OF
THE CITY OF GOLDEN VALLEY,
MINNESOTA
/s/ Kristine A. Luedke
City Clerk
City of Golden Valley, Minnesota
Resolution No. 16-28 -2- May 3, 2016
2.02. The City Clerk is hereby authorized and directed to publish a notice of the
public hearing, in substantially the form attached hereto as EXHIBIT A in the Sun-Post, the
official newspaper of and a newspaper of general circulation in the City. The notice shall be
published at least once at least fifteen (15) days prior to the date of the public hearing.
2.03. The Borrower shall pay to the City any and all costs paid or incurred by the
City in connection with the Bonds or the financing of the Golden Valley Project, whether or
not the financing is carried to completion, and whether or not the Bonds or operative
instruments are executed and delivered.
he rd M. arris, Mayor
ATTEST:
Kristine A. Luedke, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member Snope
and upon a vote being taken thereon, the following voted in favor thereof: Fonnest, Snope,
Clausen, Schmidgall and Harris and the following voted against the same: none
whereupon said resolution was declared duly passed and adopted, signed by the Mayor
and his signature attested by the City Clerk.