Title
Authorizing the Executive Director of the Saint Paul Housing and Redevelopment Authority to Consent to and Execute, without prior HRA Board Approval, any Environmental Covenants and Easements Concerning Projects for which the HRA is a Lender, Citywide
Body
WHEREAS, the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (“HRA”) is a public body corporate and politic organized, existing, and operating under the laws of the State of Minnesota, Minn. Stat. Sec. 469.001, et seq. (the “Act”); and
WHEREAS, the HRA has the power to engage in development and redevelopment activities under the Act, and is authorized to create redevelopment projects as defined in the Act, and said activities include but are not limited to: (a) providing adequate, safe and sanitary dwellings, remedying housing shortages for low and moderate income residents, and providing housing for persons of all incomes through housing projects and development, (b) removing and preventing blight or deterioration, (c) bringing substandard buildings and improvements into compliance with public standards, (d) performing duties according to the comprehensive plan, (e) disposing of land for private redevelopment, and (f) improving the tax base and the financial stability of the community, and to engage in the aforementioned activities when these needs cannot be met through reliance solely upon private initiative and which can also be undertaken in targeted neighborhoods; and is authorized to create redevelopment projects as defined in Minnesota Statutes, Section 469.002, Subdivision 14; and
WHEREAS, Minnesota law authorizes the Minnesota Pollution Control Agency (MPCA) to oversee activities related to environmental contamination present on real property in Minnesota; and
WHEREAS, the MPCA uses a risk-based approach for making risk management and cleanup decisions, based on the current or planned use of the property, as detailed in MPCA guidance; and
WHEREAS, some projects approved for HRA funding are subject to, or may become subject to, environmental regulation by the MPCA that may require that an environmental covenant and easement be placed upon the property pursuant to Minnesota Statute Chapter 114E Uniform Environmental Covenants Act, which describes rights or requirements of interest holders and use limitations on the property; and
WHEREAS, as a lender, the HRA is requested to consent to the environmental covenants and easements being placed upon the property; and
WHEREAS, the Executive Director of the HRA is authorized to execute certain documents without prior HRA Board approval and the HRA Board wishes to delegate the authority to enter into said environmental covenants and easements to the HRA Executive Director without requiring prior HRA Board approval.
NOW THEREFORE BE IT RESOLVED THAT:
1. The HRA Executive Director is hereby authorized to consent to and execute, without prior HRA Board approval, any environmental covenant and easement documents concerning projects for which the HRA is the lender, subject to approval by the City Attorney’s Office.