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HomeMy WebLinkAboutOrono Woods Financial Package-Resolutions► 1-- • REQUEST FOR COUNCIL ACTION LJ /14441 DATE: Ap —2001 ITEM NO: Department Approval: Administrator Reviewed: Agenda Section: Name Ron Moorse City Administrator's Title City Administrator G'� Report Item Description: Orono Woods Senior Hou ng Project Financial Package-Resolutions Attachments: 1. Schedule of Events(re: Financial Package for the Orono Woods Senior Housing Project) 2. Program for the Financing of a Multifamily Rental Housing Development for Seniors(Housing Program) 3. Tax Increment Financing Plan 4. Development Plan for Housing Project No. 1 5. Resolution approving the Development Plan and TIF Plan for the Orono Woods Senior Housing Project. 6. Resolution approving the Housing Program related to the Orono Woods Senior Housing Project. 7. Resolution approving the issuance of housing revenue bonds. The financial package for the Orono Woods senior housing project, which includes tax increment financing and housing revenue bonds,requires a number of actions by both the City Council and the City's HRA; as well as reviews by a number of other agencies. These actions are listed in the attached "Schedule of Events". The Council, at its May 14, 2001 meeting, held a public hearing regarding the following elements of the financial package: 1. Establishment of Tax Increment Financing District No. 1. 2. Adoption of the Housing Program. 3. TEFRA hearing on the issuance of housing revenue bonds. The specific action to be taken by the Council at the May 29 Council meeting is to adopt resolutions approving the Development Plan and TIF Plan,approving the Housing Program, and approving the issuance of housing revenue bonds. The resolutions are attached for Council consideration. COUNCIL ACTION REQUESTED: Motion to adopt resolutions approving the Development Plan and TIF Plan for the Orono Woods Senior Housing Project, approving the Housing Program, and approving the issuance of housing revenue bonds. Ron Mootse chedule Apnl17.wpd Page 1 SCHEDULE OF EVENTS CITY OF ORONO • ORONO HOUSING AND REDEVELOPMENT AUTHORITY ORONO WOODS HOUSING PROJECT Revised-April 17,2001 Date Action Status March 12,2001 City Council calls for public hearing on the Done establishment Project Area No. 1 and Tax Increment Financing District No. 1-1 (a housing district). March 23 Project information,property identification numbers, Done and maps sent to Ehlers and Associates for drafting documentation. March 29 Letter received by County Commissioner giving notice Done of potential housing tax increment financing district(at least 30 days prior to publication of public hearing notice). April 10 Ehlers confirms with the City whether building permits Pending have been issued on the property to be included in the TIF District. April 13 Draft of TIF Plan including fiscal and economic Done implications received by School Board Clerk and County Auditor(at least 30 days prior to public hearing) April 23 HRA approves draft housing program and adopts resolution calling for public hearing on housing program and requesting corresponding action by City Council on TIF Plan and housing program. April 23 City Council adopts resolution calling for public hearing on housing program and TEFRA hearing on issuance of 501(c)(3)bonds. April 23 Publication deadline for the following:(1)Notice of hearing(with map)on establishment of Project t Area No. 1 and Tax Increment Financing District No. 1-1; (2) Notice of hearing on Housing Program;and(3) Notice of TEFRA on bonds. [The Laker/Pioneer Newpapers] April 27 Housing Program submitted to Metropolitan Council for review. April 28 Date of publication for the above notices -:Ron Moorse - Schedule Apnll7.wpd - - --- — ___ _ ._ J Page 2 Orono Woods Schedule Revised April 17,2001 Page Two May 14 City Council holds public hearing on the establishment of Tax Increment Financing District No. 1-1 and adopts resolution approving the Development Plan and TIF Plan. May 14 City Council holds public hearing on the Housing Program and adopts approving resolution. May 14 City Council holds I'EFRA hearing on bonds and adopts approving resolution. May 14 HRA approves the Housing Program and the TIF Plan. May 14 HRA calls for public hearing on ground lease. May 21 Publication deadline for notice of hearing on ground lease.[The Laker/Pioneer Newpapers] May 26 Notice of hearing published June 9 HRA holds public hearing and approves ground lease and development agreement. June 9 City Council approves development agreement and 501(c)(3)bond documents. Before June 30 Ehlers certifies District with County and files with State. Ron Moorse- ousing Program-Orono.•oc Page 1 ' ORAF r PROGRAM FOR THE FINANCING OF A MULTIFAMILY RENTAL HOUSING DEVELOPMENT FOR SENIORS Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Orono (the "City") has been authorized to develop and administer programs of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs formultifamily housing developments may be financed by revenue bonds issued by the City. The City has determined that it is in the best interests of the residents of the City to create a program of financing to encourage and facilitate the development of multifamily rental housing for seniors in the City(the "Program"). The City has received a proposal from representatives of Wedum Foundation, a Minnesota nonprofit corporation, and Orono Senior Housing, LLC (the "Owner"), requesting that, pursuant to the Act, the City approve a program providing for the acquisition of the Land and construction of 62 units of multifamily housing for seniors (the "Project") to be located at in the City and intended, by location and design, to provide safe and affordable housing for, and to be occupied by, persons age 62 and older. The acquisition and construction of the Project is to be funded through the issuance of up to $9,000,000 in revenue bonds issued by the City (the "Bonds") pursuant to the Act. At least twenty percent (20%) of the units financed will be specifically reserved for tenants whose incomes are not greater than fifty percent (50%) of the area median income. It is estimated that rents for the Project will range from $_ per month tom per month, depending on unit size and amenities. The City, in establishing this Program, has considered, among other things (i) the availability and affordability of other government housing programs; (ii) the availability and affordability of private marketing financing for the construction of multifamily housing units; (iii)an analysis of population, employment trends and projections of future population trends and future employment needs; (iv) the recent housing trends and future housing needs of the City; and(v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, in adopting the Program, has further considered(i)the amount, timing and sale of Bonds to finance the estimated costs of the housing units,to fund the appropriate reserves and to pay the cost of issuance; (ii)the method of monitoring and implementation of the Program to insure compliance with the City's housing plan�-and its objectives; (iii) the method of administering, servicing and supervising the Program; (iv)the costs of the City, including future administrative expenses;(v)the restrictions on the multifamily development to be financed under the Program;and(vi)certain other limitations. The City, in adopting the Program, considered the potential financing impact of a bond issuance on affected public agencies. In addition,the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (i) minorities; (ii) households with incomes at the lower end of the range that can be served by the Program; (iii) households displaced by public or private actions;and(iv)accessibility to the handicapped. HOUSING PROGRAM 1 Ron Moorse- Housing Program-Orono.•oc __ Page The Project will be constructed and financed pursuant to Subdivision 1(a) of Section 462C.05 of the Act. Subsection A. Definitions. The following terms used in this Program shall have the following meanings,respectively: (1) "Act" shall mean Minnesota Statutes, Chapter 462C, as currently in effect and as the same may be from time to time amended. (2) "Authority" shall mean the Orono Housing and Development Authority. (3) "Bonds" shall mean the revenue bonds to be issued by the City or at the discretion of the City,the Agency,to finance the Program. (4) "City" shall mean the City of Orono, State of Minnesota. (5) "Housing Unit" shall mean any one of the apartment units located in the Project,occupied by one person or family,and containing complete living facilities. (6) "Land" shall mean the parcel of real property upon which the Project is to be constructed. (7) "Owner" shall mean Wedum Foundation, a Minnesota nonprofit corporation or Orono Senior Housing, LLC, a Minnesota limited liability company. (8) "Program" shall mean the program for the financing of the Project pursuant to the Act. (9) "Project" shall mean the 62 unit senior housing facility to be located at Subsection B. Program For Financing the Project. It is proposed that the City establish this Program to provide financing for acquisition of the Land and construction of the Project thereon by the Owner at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City,the initial purchaser of the Bonds and the respective Owner. To do this, the City or, upon authorization by the City, the Authority, expects to issue Bonds the proceeds of which will be loaned to the Owner for financing the acquisition of the Project. If determined to be necessary, a trustee will be appointed by the City to monitor the disbursement of proceeds of the Bonds and payments of principal and interest on the Bonds. The cost of any additional security devices for the Bonds will be borne by the Owner and payable in addition to the principal and interest on the Bonds except as otherwise provided by resolution of the City. It is contemplated that the Bonds shall have a maturity of up to forty (40)years and will be priced to the market at the time of issuance. The Bonds may be issued in two series, one of which has a claim on revenues session to the other The City will hire no additional staff for the administration of the Program. The City intends to select and contract with a financial institution or trustee experienced in trust matters to HOUSING PROGRAM 2 LRon Moor-se- - Housing Program-Orono.doc Page 3': administer the Bonds. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, 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 except as otherwise provided by resolution of the City. The Bonds will not be general • obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. Subsection C. Local Contributions To The Program. It is presently contemplated that there will be a local contribution of funds to the Project consisting of tax increment financing by the Authority or the City for Land acquisition and certain public costs, together with an appropriation of funds for a local contribution. Subsection D. Standards and Requirements Relating to the Financing of the Projects Pursuant to the Program. The following standards and requirements shall apply with respect to the operation of the Project by the Owner pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition and construction of the Project. The funds will be made available to the Owner pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the City and the Owner. (2) The Owner will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (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 16.83,et seq. Subsection E. Evidence of Compliance. The City may require from the Owner or such other person deemed necessary at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Owner 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 Owner in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Owner or such other person deemed necessary concerning compliance with various aspects of the Program. Subsection F. Issuance of Bonds. To finance the Program authorized by this Section,the City may by resolution authorize, issue and sell its Revenue Bonds in one or more series, and using any additional credit enhancement devices determined by the City to be necessary or desirable for each such series, in an aggregate principal amount estimated to be up to$9,000,000. The Bonds shall be issued pursuant to Section 462C.07, Subdivision 1 of the Act, and shall be HOUSING PROGRAM 3 "on Moorse-Housing Program-Orono.doc Page 4 payable primarily from the revenues of the Program authorized by this Section. The City anticipates the issuance of such amount prior to the end of 2001. 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. Subsection I. Issuance of Tax Increment Notes. At the discretion of the City and Authority, obligation to finance the Land and certain public costs of the Program may be issued by the Authority or City pursuant to authority granted by Minnesota Statues, Section 469.178. m1:740376.01 • HOUSING PROGRAM 4 11 1 7 As of April 12, 2001 Draft for Fiscal Implications 3 i TAX INCREMENT FINANCING PLAN for the establishment of TAX INCREMENT FINANCING DISTRICT NO. 1-1 (a housing district) within HOUSING PROJECT AREA NO. 1 CITY OF ORONO ORONO HOUSING AND REDEVELOPMENT AUTHORITY HENNEPIN COUNTY STATE OF MINNESOTA Public Hearing: May 14, 2001 Adopted: This document is in draft form for distribution to the County and the School District. The Plan contains the estimatedfiscal and economic implications of the proposed TIF District. The City and the HRA may make change to this draft document prior to the public hearing. If changes are made, a revised draft will be sent to the County and the School District. EHLERS Prepared by: EHLERS &ASSOCIATES, INC. 03060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 & ASSOCIATES INC (651)697-8500 fax: (651) 697-8555 www.ehlers-inc.com TABLE OF CONTENTS (for reference purposes only) SECTION II TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO.1-1 2-1 Subsection 2-1. Foreword 2-1 Subsection 2-2. Statutory Authority 2-1 Subsection 2-3. Statement of Objectives 2-1 Subsection 2-4. Development Plan Overview 2-1 Subsection 2-5. Description of Property in the District and Property To Be Acquired 2-2 Subsection 2-6. Classification of the District 2-2 Subsection 2-7. Duration of the District 2-3 Subsection 2-8. Original Net Tax Capacity 2-3 Subsection 2-9. Prior Planned Improvements 2-4 Subsection 2-10. Original Tax Rate 2-4 Subsection 2-11. Estimated Tax Increment 2-4 Subsection 2-12. Use of Tax Increment 2-5 Subsection 2-13. Sources of Revenue 2-6 Subsection 2-14. Bonded Indebtedness 2-6 Subsection 2-15. Uses of Funds 2-6 Subsection 2-16. Local Contribution (State Tax Increment Financing Aid) 2-7 Subsection 2-17. Fiscal Disparities Election 2-8 Subsection 2-18. Business Subsidies 2-8 Subsection 2-19. County Road Costs 2-8 Subsection 2-20. Estimated Impact on Other Taxing Jurisdictions 2-8 Subsection 2-21. Supporting Documentation 2-9 Subsection 2-22. Modifications 2-9 Subsection 2-23. Time Factors 2-9 Subsection 2-24. Administration of the District 2-11 Subsection 2-25. Administrative Expenses 2-11 Subsection 2-26. Excess Tax Increments 2-11 Subsection 2-27. Requirements for Agreements with the Developer 2-12 Subsection 2-28. Assessment Agreements 2-12 Subsection 2-29. Annual Disclosure Requirements 2-12 Subsection 2-30. Reasonable Expectations 2-13 Subsection 2-31. Other Limitations on the Use of Tax Increment 2-13 APPENDIX A PROJECT DESCRIPTION A-1 APPENDIX B ESTIMATED CASH FLOW FOR THE DISTRICT B-1 APPENDIX C BUT/FOR QUALIFICATIONS C-1 SECTION II TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-1 Subsection 2-1. Foreword The Orono Housing and Redevelopment Authority,(the"Authority"),the City of Orono(the"City"),staff, and consultants have prepared the following information to expedite the establishment of Tax Increment Financing District No. 1-1 ("the District"), a housing tax increment financing district, located in Housing Project Area No. 1 (the"Project Area"). This Section contains the Tax Increment Financing Plan(the"TIF Plan") for Tax Increment Financing District No. 1-1. Other relevant information is contained in the Development Plan for Housing Project Area No. 1. The Tax Increment Financing Plan for the District was prepared by Ehlers & Associates, Inc., 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105, telephone 651-697-8500. Subsection 2-2. Statutory Authority Within the City, there exist areas where public involvement is necessary to cause development or redevelopment to occur. To this end, the Authority has certain statutory powers pursuant to Minnesota Statutes ("M.S."), 469.001 through 469.047, inclusive, as amended (the "HRA Act"), and M.S., Sections 469.174 through 469.179, inclusive, as amended(the"Tax Increment Financing Act"or"111-Act"). This Plan is based on statutory authority at the time of adoption. Subsequent legislation action may alter the ability of the Authority to use tax increment collected from the District. Subsection 2-3. Statement of Objectives The District currently consists of one parcel of land and adjacent and internal rights-of-way. The District is being created to facilitate construction of senior housing in the City of Orono consisting of approximately 62 units of housing for senior citizens(the"Project"). The Project will provide safe,decent,and affordable housing for persons of low and moderate income. Contracts for this have not been entered into at the time of preparation of this TIF Plan,but the proposed development will begin in the summer of 2001. This TIF Plan is expected to achieve many of the objectives outlined in the Development Plan for Housing Project Area No. 1. The activities contemplated in the Development Plan and the I'it' Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of Housing Project Area No. 1 and the District. Subsection 2-4. Development Plan Overview Activities to be undertaken by the Authority and the City pursuant to the Development Plan for Housing Project No. 1 include, but are not limited to,the following: 1. Property to be Acquired - Property located within the District may be acquired by the Authority and is further described in this TIF Plan. 2. Upon approval of a developer's plan relating to the Project and completion of the necessary legal requirements, the Authority may sell or lease to a developer selected properties that they may acquire within the District. Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. 1-1 2-1 3. The City and the Authority may perform or provide for some or all necessary acquisition, construction,relocation,demolition,and required utilities and public streets work within the . District. Subsection 2-5. Description of Property in the District and Property To Be Acquired The District encompasses all the parcel and adjacent rights-of-way identified below. The map below shows the parcel included in the District and the boundaries of Housing Project No. 1. .:::.. a, 4 :,-,. ..k ,..., 2 4, 1 /.0 /N t 4 . 4 c, ,—,,,,,:.w ; dt .K b � rr A ' Wit. 2( ' w � ' ° O w .•a., , M _nos �/ ' la fie �• •.ODD , -..c RRpp {�- ++ °n r5... ,A, 4�i 2:�M. r. tl .t..v ;� • ri`a'• Rt, ,fin ,W tZ1 1.1" . . WTt O. ' M �Yzf •'CF• /,GO `w.. y a BI c,^ YLA, `p • ` .1"4 D 13!•- :. ` , : ;+ p'_.0 s{ v . „111! ,Vf - , 4. « t e ' 1, : pt. A r V g'W i IN :I�� ip q�ma .4. ' a'L"i ilk ' � 'e , e W a >• S osi�€ac4ati 9 ° � 11--— <am„c Housing -- Ili"• 4 � €i .%WI Project No. 1 DANIELS ST a,..4 z — G R" i i ` -- a'•' 1.? a» ?� TIF District 1-1 � SJBYRIAL ��.@3 i S §., : .gib, N V s' -, .. °. g 1 aU ' s{ .e. ' , f S.^ y ' NOS ,.L �t f ,7SifTOCL { au 1 no? i /1 0 : 2,i [+A bA frra_ t'i;:aL'� '�'•� i.r Parcel Numbers 34-118-23-24-0058* *The above parcel number represents current identification. The parcel will be subdivided and a new parcel number will be assigned to the property included within the District. Any property within the Project Area may be acquired by the Authority. Subsection 2-6. Classification of the District The Authority,in determining the need to create a tax increment financing district in accordance with M.S., Sections 469.174 to 469.179, as amended, inclusive, finds that the District,to be established, is a housing district pursuant to M.S., Section 469.174, Subd. 11 as defined below: Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. I-I 2-2 "Housing district"means a type of tax increment financing district which consists of a project, or a portion of a project, intended for occupancy, in part, by persons or families of low and moderate income, as defined:in chapter 462A, Title II of the National Housing Act of 1934, the National Housing Act of 1959,the United States Housing Act of 1937, as amended, Title V of the Housing Act of 1949, as amended, any other similar present or future federal,state, or municipal legislation, or the regulations promulgated under any of those acts.A district does not qualify as a housing district under this subdivision if the fair market value of the improvements which are constructed in'the district for commercial uses or for uses other than low and moderate income housing consists of more than 20 percent of the total fair market value of the planned improvements in the development plan or agreement. The fair market value of the improvements may be determined using the cost of construction,capitalized income,or other appropriate method of estimating market value. Housing project means a project,or portion of a project,that meets all the qualifications of a housing district under this subdivision, whether or not actually established as a housing district. In meeting the statutory criteria the Authority relies on the following facts and findings: • The District consists of one parcel. • The development will consist of 62 units of rental housing for senior citizens. • 20% of the units will be occupied by persons with incomes less than 50%of the area median income Pursuant to 469.176 Subd.7,the District does not contain any parcel or part of a parcel that qualified under the provisions of Section 273.111 or 273.112 of Chapter 473H(Green Acres)for taxes payable in any of the five calendar years before the filing of the request for certification of the District. Subsection 2-7. Duration of the District Pursuant to M.S., Section 469.175, Subd. 1, and Section 469.176, Subd. 1,the duration of the District must be indicated within the TIP Plan. Pursuant to M.S., Section 469.176, Subd. Ib,the duration of the District will be 25 years after receipt of the first increment by the Authority(a total of 26 years). The date of receipt by the Authority of the first tax increment is expected to be 2003. Thus, it is estimated that the District, including any modifications of the TIP Plan for subsequent phases or other changes,would terminate after 2028, or when the TIF Plan is satisfied. If increment is received in 2002, the term of the District will be 2027. The Authority reserves the right to decertify the District prior to the legally required date. Subsection 2-8. Original Net Tax Capacity The Original Net Tax Capacity(ONTC) value of the District is the base value of the parcels. The ONTC certified for the district pursuant to M.S., Section 469.174,Subd. 7 and M.S., Section 469.177, Subd. 1,will be based on the Assessor's Estimated Market Value in 2000 for taxes payable 2001. The value will be prorated after the parcel is split for development. Based on the current market value, the ONTC of the District is estimated to be$1,570. Changes in the following factors may alter the amount of the ONTC in future years: 1. change in tax exempt status of property; 2. reduction or enlargement of the geographic boundaries of the district; 3. change due to adjustments,negotiated or court-ordered abatements; 4. change in the use and tax classification of the property; 5. change in statutory rates used to determine Tax Capacity. Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. I-I 2-3 In any year in which the current Net Tax Capacity value of the District declines below the ONTC,no value will be captured and no tax increment will be payable to the Authority. Subsection 2-9. Prior Planned Improvements The Authority has determined that no building permits have been issued for property within the District during the eighteen (18) months immediately preceding approval of the TIF Plan by the municipality pursuant to M.S., Section 469.175, Subd. 3. Subsection 2-10.Original Tax Rate The amount of tax increment is calculated by multiplying the total local tax rate(excluding market value rates) by the Captured Tax Capacity value of the District. If the current total local tax rate exceeds the Original Tax Rate(OTR),the amount of tax increment produced by the tax rate above the OTR is distributed to the taxing jurisdictions as excess tax increment. The OTR for the District will be the local tax rate for taxes payable 2001, assuming the request for certification is made before June 30,2001. The local tax rate for taxes payable 2001 is 104.005% Subsection 2-11. Estimated Tax Increment The Authority estimates that the total tax capacity value of property within the District upon completion of the proposed development will be$73,935. The amount of annual tax increment revenue is shown in the table below. Project Estimated Tax Capacity upon Completion (PTC) $73,935 Original Estimated Net Tax Capacity(ONTC) (1,570) Estimated Captured Tax Capacity (CTC) $72,365 Original Local Tax Rate (OTR) 104.0050% Pay 2001 Estimated Annual Tax Increment (CTC x Local Tax Rate) $75,263 Percent Retained by the Authority _ 100% The Authority requests 100 percent of the available increase in tax capacity for repayment of its obligations and current expenditures,beginning in the tax year payable 2003 The following factors will determine the actual amount of tax increment received by the Authority: • Actual market value of property within the District as determined by the Assessor. • Statutory rates for setting tax capacity values. • Actual total local tax rate. The cash flow projections in Appendix B show the potential tax increment revenues collected by the • Authority. Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. I-1 2-4 Subsection 2-12. Use of Tax Increment Revenues derived from tax increment from a housing district must be used solely to finance the cost of housing projects as defined in M.S., Section 469.174, subd. 11. The cost of public improvements directly related to the housing projects and the allocated administrative expenses of the Authority may be included in the cost of a housing project. Within this limitation,the Authority hereby determines that it will use 100 percent of the captured net tax capacity of taxable property located in the District for the following purposes: 1. to pay the principal of and interest on bonds issued to finance a project; 2. to finance, or otherwise pay the public development costs of the Housing Project Area No. 1 pursuant to the M.S. Sections 469.001 to 469.047; 3. to pay for project costs as identified in the budget set forth in the 1'll.Plan; 4. to finance, or otherwise pay for other purposes as provided in M.S., Section 469.176, Subd.4; 5. to pay principal and interest on any loans, advances or other payments made to or on behalf the . Authority or for the benefit of Housing Project Area No. 1 by a developer; 6. to finance or otherwise pay premiums and other costs for insurance or other security guaranteeing the payment when due of principal of and interest on bonds pursuant to the TIF Plan or pursuant to M.S., Chapter 462C.M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178;and 7. to accumulate or maintain a reserve securing the payment when due of the principal and interest on the tax increment bonds or bonds issued pursuant to M.S., Chapter 462C, M.S., Sections 469.152 through 469.165, and/or M.S., Sections 469.178. These revenues shall not be used to circumvent any levy limitations applicable to the City nor for other purposes prohibited by M.S., Section 469.176, subd. 4. Tax increments generated in.the District will be paid by Hennepin County to the Authority for the Tax Increment Fund of said District. The Authority will pay to the developer(s)annually an amount not to exceed an amount as specified in a developer's agreement to reimburse the costs of land acquisition, public improvements,demolition and relocation,site preparation,and administration. Remaining increment funds will be used for Authority administration(up to 10 percent) and the costs of public improvement activities. Pursuant to M.S., Section 469.1763, (1)At least 80%of the tax increment derived from the District must be expended on Public Costs incurred within said district,and up to 20% of said tax increments may be spent on Public Costs incurred outside of the District but within Housing Project Area No. 1;provided that in the case of a housing district, a housing project,as defined in M.S., Section 469.174, Subd. 11 is deemed to be an activity in the District,and(2)pubic costs within the District shall be limited to reimbursement of public costs paid before or within five years after certificationof said district by the County Auditor and interest on all such unreimbursed expenditures. • Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. I-I 2-5 Subsection 2-13.Sources of Revenue The estimated sources of revenue for the District are contained in the table below. SOURCES OF FUNDS TOTAL Tax Increment $2,030,000 Other City Funds $0 PROJECT REVENUES $2,030,000 Interfund Loans/Transfers $1,393,000 Bond Proceeds $0 TOTAL PROJECT AND FINANCING REVENUES $3,423,000 The costs outlined in the Uses of Funds will be financed primarily through the annual collection of tax increments. The Authority and the City reserve the right to use other sources of revenue legally applicable to the Authority, the City and the TIF Plan, including, but not limited to, special assessments, general property taxes, state aid for road maintenance and construction, proceeds from the sale of land, other contributions from the developer and investment income,to pay for the estimated public costs. In addition to the actual tax increment collected by the Authority,the TIF Act(M.S.Section 469.174,Subd. 25)places restrictions on the use of revenues derived from the following sources: • the proceeds from the sale or lease of property,tangible or intangible,purchased by the authority with tax increments; • repayments of loans or other advances made by the authority with tax increments; and • interest or other investment earnings on or from tax increments. Subsection 2-14.Bonded Indebtedness It is anticipated that the Authority will use a pay-as-you-go note to reimburse the Developer for eligible expenses and interest on the unpaid balance. The City may use an interfund loan or a transfer of funds to pay for public costs. Tax increment revenues may be used to repay an interfund loan or transfer. The City reserves the right to incur bonded indebtedness or other indebtedness as a result of the TIF Plan. Any bonded indebtedness will be incurred by the City or the Authority without a modification to the I'1N Plan pursuant to applicable statutory requirements.This provision does not obligate the City to incur debt. The City will issue bonds or incur other debt only upon the determination that such action is in the best interest of the City. It is expected that the Authority or the City will issue not more than$9,000,000 of housing revenue bonds under M.S.Chapter 462C to provide for the costs of the Project that are not paid by tax increment or a local contribution. Subsection 2-15. Uses of Funds Currently under consideration for the District is a proposal to facilitate construction of senior housing. The Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. I-I 2-6 Authority has determined that it will be necessary to provide financial assistance to the project. To facilitate the proposed development,this TIF Plan authorizes the use of tax increment financing to pay for the cost of certain eligible expenses. The estimate of public costs and uses of funds associated with the District is outlined in the following table. USES OF FUNDS TOTAL Land/Building Acquisition $775,000 • Site Improvements/Preparation 100,000 Public Utilities 77,000 Parking Facilities 0 Streets and Sidewalks 562,000 Other Public Improvements 31,000 Interest on Pay-as-you-go Note $1,159,000 Administrative Costs (up to 10%) 70,000 PROTECT COSTS TOTAL 52.774.000 Interfund Loans/Transfers $649,000 Loan Interest 0 Bond Interest 0 Bond Principal 0 TOTAL FINANCING AND PROJECT COSTS $3,423,000 The above budget is organized according to the current State reporting forms. The information in Appendix A contains additional information about the project. Estimated costs associated with the District are subject to change among categories without a modification to this TIF Plan. The cost of all activities to be considered for tax increment financing will not exceed the Total Project Costs in the table above without formal modification of this Plan pursuant to the applicable statutory requirements. The Authority may expend funds for qualified housing activities outside of the District boundaries. Subsection 2-16. Local Contribution (State Tax Increment Financing Aid) The City elects to make the annual local contribution to the project(pursuant to M.S., Section 273.1399, Subd. 6)to exempt itself from the LGA-HACA penalty set forth in M.S. Section 273.1399. The District is exempt from the LGA-HACA reduction if the elects to make a qualifying local contribution at the time of approving the tax increment financing plan. To qualify for the exemption in each year, the must make a qualifying local contribution to the project in an amount equal to five percent(5%)of the annual tax increment for the District. The maximum local contribution for all districts in the City in any year is limited to two percent of the City's net tax capacity, after which point the City must make an additional contribution equal to the lesser of(a) 0.25 percent of the City's net tax capacity or (b) 3 percent of tax increment revenues for that year. Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. I-I 2-7 The amount of the local contribution must be made out of unrestricted money of the City,such as the general fund, a property tax levy, or a federal or state grant-in-aid which may be spent for general government purposes. The local contribution may not be made,directly or indirectly,with tax increments or developer payments. The local contribution must be used to pay project costs and cannot be used for general government purposes. Such contribution may be in form of either lump sum or annual payments(in addition to tax increment payments) towards costs identified in this Plan or other costs related to that development or redevelopment. The contribution may also be made in the form of public improvements financed by the City or other unit of government with unrestricted funds. Subsection 2-17. Fiscal Disparities Election It is not anticipated that the District will contain commerciallindustrial property. Therefore, the fiscal disparities provision does not apply to the District. Subsection 2-18. Business Subsidies Pursuant to M.S. Statutes 116J.993, Subdivision 3, assistance for housing is not considered a business subsidy. Subsection 2-19.County Road Costs Pursuant to M.S.,Section 469.175,Subd. la,the county board may require the Authority to pay for all or part of the cost of county road improvements if the proposed development to be assisted by tax increment will, in the judgement of the county,substantially increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements are not scheduled within the next five years under a capital improvement plan or within five years under another county plan. In the opinion of the Authority and consultants,the proposed development outlined in this TIF Plan will have little or no impact upon county roads. If the county elects to use increments to improve county roads,it must notify the Authority within forty-five days of receipt of this TIF Plan. Subsection 2-20. Estimated Impact on Other Taxing Jurisdictions The estimated impact on other taxing jurisdictions assumes that the redevelopment contemplated by the TIF Plan would occur without the creation of the District. However, the Authority has determined that such development or redevelopment would not occur"but for" tax increment financing and that, therefore, the fiscal impact on other taxing jurisdictions is $0. The estimated fiscal impact of the District would be as follows if the "but for" test was not met: • IMPACT ON TAX BASE 2000/2001 Estimated Captured Total Net Tax Capacity(CTC) Percent of CTC Tax Capacity Upon Completion to Entity Total Hennepin County 1,385,934,076 72,365 0.0052% City of Orono 17,779,001 72,365 0.4070% Orono ISD No. 278 23,991,541 72,365 0.3016% • Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. I-I 2-8 IMPACT ON TAX RATES 2000/2001 Percent Potential Extension Rates of Total CTC Taxes Hennepin County 0.376240 36.18% 72,365 27,227 City of Orono 0.137080 13.18% 72,365 9,920 Orono ISD No.278 0.431840 41.52% 72,365 31,250 Other 0.094890 9.12% 72.365 6,867 Total 1.040050 100.00% 75,263 The estimates listed above display the captured tax capacity when all construction is completed. The tax rate and total net tax capacities used for calculations is for taxes payable in 2001. Subsection 2-21.Supporting Documentation Pursuant to M.S.Section 469.175 Subd la,clause 7 the TIP Plan must contain identification and description of studies and analyses used to make the determination set forth in M.S. Section 469.175 Subd 3, clause(2). Following is a list of reports and studies on file at the Authority that support the authority's findings: A list of applicable studies, if any, will be listed here prior to the public hearing. Subsection 2-22.Modifications The Authority reserves the right to make future modifications to the TIF Plan and District. In accordance with the TIF Act(M.S. Section 469.175, Subd. 4) the following modifications may be made only upon the notice and after the discussion,public hearing and findings required for approval of the original TIF Plan: 1. reduction or enlargement of the geographic area of Housing Project Area No. 1 or the District; 2. increase in amount of bonded indebtedness to be incurred, including a determination to capitalize interest on debt if that determination was not a part of the original plan,or to increase or decrease the amount of interest on the debt to be capitalized; 3. increase in the portion of the captured net tax capacity to be retained by the Authority; 4. increase in total estimated tax increment expenditures; or 5. designation of additional property to be acquired by the Authority, Subsection 2-23.Time Factors 1. District Enlargement Pursuant to M.S. Section 469.175 Subd. 4(b),the geographic area of the District may be reduced,but shall not be enlarged after five years following the date of certification of the original net tax capacity by the county auditor. If a housing district is enlarged, the reasons and supporting facts for the determination that the addition to the district meets the criteria of M.S., Section 469.174, Subd. 11 must be documented. The requirements of this paragraph,o not apply if(1) the only modification is elimination of parcel(s) from Housing Project Area No. 1 or the District and (2) (A) the current Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. I-I 2-9 net tax capacity of the parcel(s)eliminated from the District equals or exceeds the net tax capacity of those parcel(s) in the District's original net tax capacity or (B) the Authority agrees that, notwithstanding M.S., Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the District. The Authority must notify the County Auditor of any modification that reduces or enlarges the geographic area of Housing Project Area No. 1 or the District. Modifications to the District in the form of a budget modification or an expansion of the boundaries will be recorded in the TIP Plan. 2. Activity Within 3 Years • No tax increment shall be paid to the Authority for the District after three(3)years from the date of certification of the Original Net Tax Capacity value of the taxable property in the District by the County Auditor(M.S. Section 469.176, Subd. la)unless: (a)bonds have been issued in aid of the project containing the district pursuant to M.S. Section 469.178, or any other law, except revenue bonds issued pursuant to M.S., Sections 469.152 to 469.165,or (b)the Authority has acquired property within the District,or (c)the Authority has constructed or caused to be constructed public improvements within the District. • The bonds must be issued, or the Authority must acquire property or construct or cause public improvements to be constructed by approximately June,2004 and report such actions to the County Auditor. 3. 4-Year Knockdown Parcels without"qualifying activity"will be knocked out of the District after four years from the date of certification of the original net tax capacity. M.S. Section 469.176, Subd. 6 defines qualifying activities as"demolition,rehabilitation or renovation of property or other site preparation,including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water systems" in accordance with the TIF Plan. For purposes of the knock down requirements,qualified improvements of a street are limited to(1)construction or opening of a new street,(2)relocation of a street,and(3)substantial reconstruction or rebuilding of an existing street. Knock down means that the original net tax capacity of that parcel is excluded from the original net tax capacity of the District and no tax increment may be collected from that parcel. If the Authority or the owner of the parcel subsequently commences a qualifying activity in accordance with the TIF Plan,the Authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net tax capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tax capacity of the tax increment financing district. The Authority must submit to the county auditor evidence that the required activity has taken place for each parcel in the district.The evidence for a parcel must be submitted by February 1 of the fifth year following the year in which the parcel was certified as included in the district. The Authority, the City or a property owner must improve parcels within the District by approximately June,2005 and report such actions to the County Auditor. Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No.1-1 2-10 4. 5-Year Limit After five years from the date of certification of the TIF District, tax increment may only be used to (1) repay existing bonds the proceeds of which must be used to finance the activity, are issued and sold to a third party before or within five years after certification,the revenues are spent to repay the bonds, and the proceeds of the bonds either are, on the date of issuance,reasonably expected to be spent before the end of the later of(a) the five-year period, or (b) a reasonable temporary period within the meaning of the use of that term under § 148(c)(1) of the Internal Revenue Code, or are deposited in a reasonably required reserve or replacement fund; (2) reimburse a developer or other third party for eligible expenses paid before or within five year period, including interest on • unreimbursed costs;(3)eligible administrative expense;and(4)eligible expenses under M.S.Section 469.1763,Subd.2(Pooling). Subsection 2-24.Administration of the District Administration of the District will be handled by the City Administrator. Subsection 2-25.Administrative Expenses In accordance with M.S., Section 469.174, Subd. 14, and M.S., Section 469.176, Subd. 3, administrative expenses means all expenditures of the Authority,other than: 1. amounts paid for the purchase of land; 2. amounts paid to contractors or others providing materials and services, including architectural and engineering services, directly connected"with the physical development of the real property in the project; 3. relocation benefits paid to or services provided for persons residing or businesses located in the project; or 4. amounts used to pay principal or interest on, fund a reserve for, or sell at a discount bonds issued pursuant to M.S., Section 469.178; or 5. amounts used to pay other financial obligations to the extent those obligations were used to finance costs described in sections 1 to 3. For districts for which the request for certification were made before August 1, 1979,or after June 30, 1982, administrative expenses also include amounts paid for services provided by bond counsel,fiscal consultants, and planning or economic development consultants. Tax increment may be used to pay any authorized and documented administrative expenses for the District up to but not to exceed 10 percent of the total tax increment expenditures authorized by the TIF Plan or the total tax increment expenditures for Housing Project Area No. 1,whichever is less. • Pursuant to M.S., Section 469.176, Subd. 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connection with the District. The county may require payment of those expenses by February 15 of the year following the year the expenses were incurred. Pursuant to M.S., Section 469. 177, Subd. 11, the county treasurer shall deduct an amount equal to 0.25 percent of any increment distributed to the Authority and the county treasurer shall pay the amount deducted to the state treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment financing information and the cost of examining and auditing authorities'use of tax increment financing. Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. I-I 2-11 Subsection 2-26. Excess Tax Increments Pursuant to M.S., Section 469.176, Subd. 2, in any year in which the tax increment exceeds the amount necessary to pay the costs authorized by the TIF Plan,including the amount necessary to cancel any tax levy as provided in M.S., Section 475.61, Subd. 3, the Authority shall use the excess amount to do any of the following: 1. prepay any outstanding bonds; 2. discharge the pledge of tax increment therefor; 3. pay into an escrow account dedicated to the payment of such bonds; or 4. return the excess to the County Auditor for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. In addition,the Authority may,subject to the limitations set forth herein,choose to modify the TIF Plan in order to finance additional public costs in Housing Project Area No. 1 or the District. Subsection 2-27.Requirements for Agreements with the Developer The Authority will review any proposal for private development to determine its conformance with the Development Program and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, construction, mechanical, and electrical system drawings,landscaping plan,grading and storm drainage plan,signage system plan,and any other drawings or narrative deemed necessary by the Authority to demonstrate the conformance of the development with Authority plans and ordinances. The Authority may also use the Agreements to address other issues related to the development. Pursuant to M.S., Section 469.176, Subd. 5, no more than 10 percent, by acreage, of the property to be acquired in the District as set forth in the TIP Plan shall at any time be owned by the Authority as a result of acquisition with the proceeds of bonds issued pursuant to M.S.,Section 469.178 to which tax increments from property acquired is pledged, unless prior to acquisition in excess of 10 percent of the acreage, the Authority concluded an agreement for the development of the property acquired and which provides recourse for the Authority should the development not be completed. Subsection 2-28.Assessment Agreements Pursuant to M.S., Section 469.177, Subd. 8,the Authority may enter into a written assessment agreement in recordable form with the developer of property within the District which establishes a minimum market value of the land and completed improvements for the duration of the District. The assessment agreement shall be presented.to the assessor who shall review the plans and specifications for the improvements to be constructed, review the market value previously assigned to the land upon which the improvements are to be constructed and, so long as the minimum market value contained in the assessment agreement appears, in the judgment of the assessor, to be a reasonable estimate, the assessor shall also certify the minimum market value agreement. Subsection 2-29.Annual Disclosure Requirements Pursuant to M.S., Section 469.175, Subd. 5, 6 and 6a the Authority must undertake financial reporting for all tax increment financing districts to the Office of the State Auditor, County Board,County Auditor and School Board on or before August 1 of each year. M.S., Section 469.175, Subd. 5 also provides that an Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. 1-I 2-12 annual statement shall be published in a newspaper of general circulation in the Authority on or before August 15. If the Authority fails to make a disclosure or submit a report containing the information required by M.S. Section 469.175 Subd. 5 and Subd. 6, the Office of the State Auditor will direct the County Auditor to withhold the distribution of tax increment from the District. Subsection 2-30. Reasonable Expectations As required by the Tax Increment Financing Act, in establishing the District, the determination has been made that the anticipated development would not reasonably be expected to occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the TIF Plan. In making said determination, reliance has been placed upon written representatives made by the developer to such effects and upon City staff awareness of the feasibility of developing the project site. A comparative analysis. of estimated market values both with and without establishment of the District and the use of tax increments has been performed as described above. Such analysis is included with the cashflow in Appendix D, and indicates that the increase in estimated market value of the proposed development (less the indicated subtractions)exceeds the estimated market value of the site absent the establishment of the District and the use of tax increments. Subsection 2-31. Other Limitations on the Use of Tax Increment • All revenue derived from tax increment shall be used in accordance with the TIF Plan. The revenues shall be used to finance, or otherwise pay the public development costs of the Housing Project Area No. 1 pursuant to the M.S., Sections 469.001 to 469.047 and the costs of a housing development project described in M.S. Section 469.017. These revenues shall not be used to circumvent existing levy limit law. No revenues derived from tax increment shall be used for the acquisition,construction,renovation,operation, or maintenance of a building to be used primarily and regularly for conducting the business of a municipality, county, school district, or any other local unit of government or the state or federal government or for a commons area used as a public park,or a facility used for social,recreational,or conference purposes.This provision shall not prohibit the use of revenues derived from tax increments for the construction or renovation of a parking structure or of a privately owned facility for conference purposes. Orono HRA Tax Increment Financing Plan for Tax Increment Financing District No. I-I 2-13 • APPENDIX A PROJECT DESCRIPTION The Authority and the Developer will enter into a development agreement containing a pay-as-you-go note. Through the Note, the Authority will reimburse the Developer for eligible expenses with interest on the unpaid balance. The anticipated reimbursable expenses include: Land acquisition $775,000 Site improvements 100,000 Sewer connection fees 41,000 Park dedication fees .161,200 The actual costs to be reimbursed will be determined through the negotiation of the development agreement. In undertaking the TIF Plan, the City and the Authority expect to incur certain expenses. These expenses include,but are not limited to, the following: • Sidewalk $12,000 Street lighting 32,000 • Bury power lines 45,000 Traffic control (Brown Road/Highway 12) 150,000 Intersection improvements (Brown Road/Highway 12) 100,000 Access to Brimhall/Highway 12 intersection 100,000 Traffic control (Brimhall Avenue) 150,000 Access to Highway 12 50,000 To the degree permissible by the TIF Act,this Plan and the available funds,the Authority and the City will finance these activities with interfund loans and repayment from future tax increment revenues. • • APPENDIX A-I APPENDIX B ESTIMATED CASH FLOW FOR THE DISTRICT Project Value Information EMV Tax Per Capacity Units Built Per Year Project Unit Per Unit 2001 2002 2003 2004 Senior Housing (Class rate-120 11.65%) 93,000 1,193 62 0 0 0 Tax Increment Projections Tax Gross Local Net Local Tax Capacity Values Extension Tax Retained Semi-Annual Contribution Year Base Total Captured Rate Increment 10.00% Increment 5% 2001 1,570 0 0 1.04005 0 0 0 0 8/1/2001 0 2/1/2002 2002 1,570 0 0 1.04005 0 0 0 0 8/1/2002 0 2/12003 2003 1,570 73,935 72,365 1.04005 75,263 (7,526) 33,868 3,763 8/1/2003 33,868 2/12004 2004 1,570 76,892 75,322 1.04005 78,339 ( ,834) 35,253 3,917 8/1/2004 35,253 2/1/2005 2005 1,570 76,892 75,322 1.04005 78,339 (7,834) 35,253 3,917 8/1/2005 35,253 2/1/2006 2006 1,570 76,892 75,322 1.04005 78,339 (7,834) 35,253 3,917 8/1/2006 35,253 2/1/2007 2007 1,570 76,892 75,322 1.04005 78,339 (7,834) 35,253 3,917 8/1/2007 35,253 2/1/2008 2008 1,570 79,968 78,398 1.04005 81,538 (8,154) 36,692 4,077 8/1/2008 36,692 2112009 2009 1,570 83,167 81,597 1.04005 84,865 (8,486) 38,189 4,243 8/1/2009 38,189 2/12010 2010 1,570 86,493 84,923 1.04005 88,325 (8,832) 39.746 4,416 8/1/2010 39,746 2/1/2011 2011 1,570 89,953 88,383 1.04005 91,923 (9,192) 41,365 4,596 8/1/2011 41,365 2/12012 2012 1,570 93,551 91,981 1.04005 95,665 (9,567) 43,049 4,783 8/1/2012 43,049 2/1/2013 2013 1,570 97,293 95,723 1.04005 99,557 (9,956) 44,801 4,978 8/1/2013 44,801 2/1/2014 2014 1.570 101,185 99,615 1.04005 103,605 (10,360) 46,622 5,180 8/1/2014 46,622 2/12015 2015 1,570 105,233 103,663 1.04005 107,814 (10,781) 48,516 5.391 8/1/2015 48,516 2/12016 2016 1,570 109,442 107,872 1.04005 112,192 (11,219) 50,486 5,610 8/1/2016 50,486 2/1/2017 2017 1,570 113,820 112,250 1.04005 116,745 (11,675) 52,535 5,837 8/1/2017 52,535 2/12018 2018 1,570 118,372 116,802 1.04005 121,480 (12,148) 54,666 6.074 8/1/2018 54,666 2/1/2019 2019 1,570 123,107 121,537 1.04005 126,405 (12,640) 56,882 6,320 8/1/2019 56,832 2/1/2020 2020 1,570 128,031 126,461 1.04005 131,526 (13,153) 59,187 6,576 8/1/2020 59,187 2/12021 2021 1,570 133,153 131,583 1.04005 136,853 (13,685) 61,584 6,843 8/1/2021 61,584 2/12022 . 2022 1,570 138,479 136,909 1.04005 142,392 (14,239) 64,076 7,120 8/1/2022 64,076 2/12023 Total 2,029,504 (202,950) 1,826,554 101,475 The figures above are estimates of future tax increment revenues based on assumptions about property values in the District and the operation of the property tax systems. Changes in these assumptions will alter the projected revenues. These projections intended solely to illustrate the revenues that could be created if these assumptions become reality. APPENDIX B_I APPENDIX C BUT/FOR QUALIFICATIONS To be added prior to the public hearing APPENDIX C- Draft as of April 12, 2001 For fiscal implications correspondence DEVELOPMENT PLAN for HOUSING PROJECT NO. 1 This document is in draft form for distribution to the County and the School District. It must be used in conjunction with the Tax Increment Financing Plan for Tax Increment Financing District No. 1-1. The City and the HRA may make change to this draft document prior to the public hearing. If changes are made, a revised draft will be sent to the County and the School District. ORONO HOUSING AND REDEVELOPMENT AUTHORITY CITY OF ORONO HENNEPIN COUNTY STATE OF MINNESOTA Public Hearing: May 14, 2001 Adopted: EHLERS & ASSOCIATES INC Prepared by: EHLERS&ASSOCIATES, INC. 3060 Centre Pointe Drive, Roseville, Minnesota 55113-1105 (651)697-8500 fax: (651)697-8555 www.ehlers-inc.com TABLE OF CONTENTS (for reference purposes only) MUNICIPAL ACTION TAKEN SECTION I Development Plan for Housing Project No. 1 1-1 Subsection 1-1. Definitions 1-1 Subsection 1-2. Statutory Authority 1-2 Subsection 1-3. Statement of and Finding of Public Purpose 1-2 Subsection 1-4. Statement of Objectives 1-2 Subsection 1-5. Statement of Public Facilities and Costs to Be Financed 1-3 Subsection 1-6. Funding of Developments and Redevelopments 1-4 Subsection 1-7. Environmental Controls 1-4 Subsection 1-8. Proposed Reuse of Property 1-4 Subsection 1-9. Open Space to Be Created 1-4 Subsection 1-10. Administration and Maintenance of Housing Project No. 1 1-4 Subsection 1-11. Rehabilitation 1-5 Subsection 1-12. Relocation 1-5 Subsection 1-13. Property Acquisition • 1-5 Subsection 1-14. Modification of the Development Plan and/or Housing Project No. 1 1-5 Subsection 1-15. Boundaries of Housing Project No. 1 A-6 ii • MUNICIPAL ACTION TAKEN (This Municipal Action is only for convenience of reference.) Based upon the statutory authority described in the Development Plan attached hereto, the public purpose findings by the Board of Commissioners and for the purpose of fulfilling the Authority's development objectives as set forth in the Development Plan, the Board of Commissioners has created,established and designated Housing Project No. 1 pursuant to and in accordance with the requirements of the HRA Act and the TIF Act as defined in the definitions of this document. • Tax Increment Financing District No. 1-1,a housing tax increment financing district,was established at the same time that the Housing Project No. 1 was established. The following municipal action was taken in connection therewith: Housing Project No. 1: May 14, 2001: The Housing Project No. 1 was established by the Authority and the Development Plan adopted. Tax Increment Financing District No.1-1: May 14,2001: The Tax Increment Financing District No. 1-1 was established by the Authority and the Tax Increment Financing Plan adopted. iii SECTION I Development Plan for Housing Project No. 1 Subsection 1-1. Definitions The terms defined below shall,for purposes of this Development Plan,have the meanings herein specified, unless the context otherwise specifically requires. 1. "Authority" means the Orono Housing and Redevelopment Authority. 2. "Board of Commissioners" means the Board of Commissioners of the Authority. 3. "City" means the City of Orono. 4. "Comprehensive Plan" means the documents which contain the objectives, policies, standards and programs to guide public and private land use, development, redevelopment and preservation for all lands and water within the City. 5. "County" means the County of Hennepin,Minnesota. 6. "Development Plan"means this Development Plan for Housing Project No. 1,as initially proposed,and as it shall be modified. 7. "HRA Act" means Minnesota Statutes,Section 469.001 through 469.047. 8. "Land Use Regulations"means all federal,state and local laws,rules,regulations,ordinances,and plans relating to or governing the use of development of land in the City, including but not limited to environmental, zoning and building code laws and regulations. 9. "Project Area" means the real property within the City constituting the Housing Project No. 1. 10. "Public Costs"means the costs set forth in the Tax Increment Financing Plan,and any other costs eligible to be financed by Tax Increments under the TIF Act and the HRA Act. 11. "Public Improvements" means the public improvements described in the Development Plan and Tax Increment Financing Plan. 12. "State" means the State of Minnesota. 13. "Tax Increment Bonds" means any tax increment bonds or notes issued by the Authority to finance the Public Costs as stated in the Development Plan for Housing Project No. 1 and in the Tax Increment Financing Plans, and any obligations issued to refund such bonds. 14. "TIF Act" means Minnesota Statutes,Sections 479.174 through 479.179, inclusive, as amended. 15. "Tax Increment Financing District" means any tax increment financing district presently established or to be established in the future in Housing Project No. 1. 16. "Tax Increment Financing Plan" or "Plan" means the Plans adopted by the Authority for any Tax Increment Financing District. Orono HRA Development Plan for Housing Project No. I I-I Subsection 1-2. Statutory Authority The HRA Act authorizes the Authority,upon certain public purpose findings by the Authority and City,to establish and designate housing,development and redevelopment projects within the City and to establish, develop and administer redevelopment plans therefore to meet the needs and accomplish the public purposes specified in Statement of and Finding of Public Purpose. In accordance with the purposes set forth in the HRA Act, the Authority has established Project Area. The Project Area shall be designated as Housing Project No. 1 contain the area described in Subsection 1.15. The Tax Increment Financing Act authorizes the Authority,upon certain findings,establish and designate tax increment financing districts within the Project Area and to adopt and implement a tax increment financing plan to accomplish the Development Plan established for the Housing Project No. 1. Subsection 1-3. Statement of and Finding of Public Purpose The Authority has determined that there is a need for the Authority to take certain actions designed to encourage,ensure,and facilitate development and redevelopment by the private sector of underutilized and unused land located within the corporate limits of the City, in order to provide adequate and affordable housing for residents of the City and the surrounding area, to improve the tax base of the City, the County and the School District,to better utilize existing public facilities and provide needed public services,and to improve the general economy of the City, the County, and the State. Specifically, the Authority has determined that the property within the Project Area is either underutilized or unused due to a variety of factors,which has resulted in a lack of private investment. The Authority further finds that the private sector has not provided the variety of housing opportunities necessary to meet the needs of the community. It is necessary for the Authority to exercise its authority under the HRA-Act and.the TIF Act to develop, implement and finance a program designed to encourage, ensure and facilitate the development of the property located in the Project Area, to further and accomplish the public purposes specified in this Development Plan. The development currently proposed in the Project Area consists of approximately 62 units of rental housing for senior citizens. The Authority finds that this development will alleviate a shortage of decent, safe and affordable housing for persons of low and moderate income. In adopting this Development Plan, the Authority also finds: 1. The development proposed for the Project Area would not occur solely through private investment in the foreseeable future. 2. The proposed development is consistent with the overall plans for the development of the City. 3. The proposed use of tax increment financing will afford maximum opportunity,consistent with the sound needs of the City as a whole,for the development or redevelopment of the property located in Housing Project No. 1 by private enterprise. 4. The welfare of the City, County, and the State of Minnesota requires active promotion, attraction, encouragement and development of a variety of housing opportunities. Subsection 1-4. Statement of Objectives The establishment of the Project Area in the City, pursuant to the HRA Act, is necessary and in the best interests of the City and its residents and is necessary to give the Authority the ability to meet certain public purpose objectives that would not be obtainable in the foreseeable future without intervention by the Authority in the normal development process. Orono HRA Development Plan for Housing Project No. 1 - 1-2 The Authority intends, to the extent permitted by law, to accomplish the following objectives through the implementation of the Development Plan: 1. Promoting and securing the prompt development of property in the Project Area in a manner consistent with the City's planning and with a minimal adverse impact on the environment,which property is less productive because of the lack of proper utilization and lack of investment,and thereby promoting and securing the development of other land in the City. 2. Promoting and securing additional housing opportunities within the Project Area and the City for residents of the City and the surrounding area,thereby improving living standards and preventing the loss of residents. 3. Securing the increase in value of property subject to taxation by the City,School District,County and any other taxing jurisdictions in order to better enable such entities to pay for public improvements and governmental services and programs required to be provided by them. 4. Securing the construction and providing moneys for the payment of the cost of public improvements in the Project Area,which are necessary for the orderly and beneficial development of the Project Area. 5. Creating a desirable and unique character within the Project Area through quality land use alternatives and design quality in new buildings. 6. Providing and securing the development of increased opportunities for senior citizens to choose from housing options which offer a wide array of services without regard to income. Subsection 1-5. Statement of Public Facilities and Costs to Be Financed The Authority will perform or cause to be performed, to the extent permitted by law, all project activities pursuant to the HRA Act, the TIF Act and other applicable state laws, and in doing so anticipates that the following may,but are not required,to be undertaking by the Authority: 1. The making of studies,planning,and other formal and informal activities relating to the Development Plan. 2. The implementation and administration of the Development Plan. 3. The re-zoning of land within the City. 4. The acquisition of property,or interests in property,by purchase or condemnation,which acquisition is • consistent with the objectives of the Development Plan. 5. The resale or lease of property to private parties. 6. The establishment of covenants or other restrictions to protect public interests. 7. The preparation of property for use and development in accordance with applicable Land Use Regulations and any development agreements, including demolition of structures, clearance of sites, placement of fill and grading. 8. The construction of public improvements and facilities needed to serve the Project Area. Orono HRA Development Plan for Housing Project No. 1 1-3 9. The construction, expansion, or relocation of private utilities. 10. The construction or reconstruction of facilities to own and lease as described;in the Tax Increment Financing Plans. 11. The issuance of Tax Increment Bonds to finance the Public Costs of the Redevelopment Plan,and the use of Tax Increments or other funds available to the Authority to pay or finance the Public Costs of the Development Plan incurred or to be incurred by it pursuant to the Development Agreement. 12. The use of Tax Increments to pay debt service on the Tax Increment Bonds or otherwise pay or reimburse with interest the Public Costs of the Development Plan. 13. The issuance of housing revenue bonds by the Authority or the City to finance the costs of the Project. Subsection 1-6. Funding of Developments and Redevelopments It is anticipated that the Public Costs of the Development Plan will be paid from proceeds of Tax Increment revenues. The Authority reserves the right to utilize other available sources of revenue, including but not limited to special assessments and user charges,which the Authority may apply to pay a portion of the Public Costs. Subsection 1-7. Environmental Controls All municipal actions, public improvements and private development shall be carried out in a manner consistent with existing environmental controls and all applicable Land Use regulations. Subsection 1-8. Proposed Reuse of Property The Development Plan contemplates that the Authority may acquire property and reconvey or lease the same to another entity. Prior to formal consideration of the acquisition of any property,the Authority will require the execution of a binding development agreement with respect thereto and evidence that Tax Increments or other funds will be available to repay the Public Costs associated with the proposed acquisition. It is the intent of the Authority to negotiate the acquisition of property whenever possible. Appropriate restrictions regarding the reuse and redevelopment of property shall be incorporated into any development agreement to which the Authority is a party. Subsection 1-9. Open Space to Be Created Any open space within the Project Area will be created in accordance with the zoning and ordinances of the Authority. Subsection 1-10. Administration and Maintenance of Housing Project No. 1 Maintenance and operation of the Project Area will be the responsibility of the City Administrator. Each year,the Administrator of the Project Area will submit to the Board of Commissioners the maintenance and operation budget for the following year. The Administrator of the Project Area will administer the Project Area pursuant to the provision of the HRA Act;provided,however,that such powers may only be exercised at the direction of the Authority. No action taken by the administrator of the Project Area pursuant to the above-mentioned powers shall be effective without authorization by the Authority. Orono HRA Development Plan for Housing Project No. I I-4 1 Subsection 1-11. Rehabilitation Owners of properties within the Project Area may be encouraged to rehabilitate their properties to conform with the applicable state and local codes and ordinances, as well as any design standards. Persons who purchase property within the Project Area from the Authority may be required to rehabilitate their properties as a condition of sale of land.The Authority may provide such rehabilitation assistance as may be available from federal, state or local sources. Subsection 1-12. Relocation • Any person or business that is displaced as a result of the Development Plan will be relocated in accordance with Minnesota Statutes,Section 117.50 to 117.56. The Authority accepts its responsibility for providing for relocation assistance pursuant to the HRA Act. Subsection 1-13. Property Acquisition The Authority intends to acquire such property,or appropriate interest therein, within the Project Area as the Authority may deem to be necessary or desirable to assist in the implementation of the Development Plan. Subsection 1-14. Modification of the Development Plan and/or Housing Project No. 1 The Authority reserves the right to alter and amend the Development Plan and the Tax Increment Financing Plans,subject to the provisions of state law regulating such action. The Authority specifically reserves the right to enlarge or reduce the size of the Project Area and the Tax Increment Financing District, the Development Plan,the Public Costs and the amount of Tax Increment Bonds(if any)to be issued to finance such cost by following the procedures specified in Minnesota Statutes,Section 469.175,subdivision 4. Orono HRA Development Plan for Housing Project No. I I-5 I Subsection 1-15. Boundaries of Housing Project No. 1 The boundaries of the Project Area shall be as shown in the map below. Xxe. . ice �P ...L - %a a, ,. MH. iiiiit ; .....:t.,,,..,:: ti.,,Jr5164‘,Fga"37: 11111.: ti .;,..;:f:f...."7:Fq;.i.,y7.;'.111111111:1:-rt:al L! yzata • _aiR 1.+. tewr a .- N F 6 - qt • Z ayr3 '-Ya r +st.? rN, a3• +i a, �Nyx {-'± ' t . ` < � . - '. •MN o -,,b .. .• ••", 'kms ' .. n e • 6m .gt t. 1 Q ftpctAL i • �4it anisZ � Housing K' , -C ;«a. s r allia M. .1 r—. f' : i Project No. 1 I I «�"1- 7 TIF District 1-1 j, 0. PAR ` �+ ' . ........• �'as y 1 3 ,. . a. � ' SI `4.-_ �_ _ fi e g I av t a. I T These boundaries include the following parcels and all adjacent street right-of way: [to be added] Orono HRA Development Plan for Housing Project No. I A-6 CITY OF ORONO PROGRAM FOR THE FINANCING OF A MULTIFAMILY RENTAL HOUSING DEVELOPMENT FOR SENIORS Pursuant to Minnesota Statutes, Chapter 462C (the "Act"), the City of Orono (the "City") has been authorized to develop and administer programs of multifamily housing developments under the circumstances and within the limitations set forth in the Act. Minnesota Statutes, Section 462C.07 provides that such programs for multifamily housing developments may be financed by revenue bonds issued by the City. The City has determined that it is in the best interests of the residents of the City to create a program of financing to encourage and facilitate the development of multifamily rental housing for seniors in the City (the "Program"). The City has received a proposal from representatives of Wedum Foundation, a Minnesota nonprofit corporation, and Orono Senior Housing, LLC (the "Owner"), requesting that, pursuant to the Act,the City approve a program providing for the acquisition of the Land and construction of 62 units of multifamily housing for seniors (the "Project")to be located at the intersection of Brown Road and Wayzata Boulevard in the City and intended, by location and design,to provide safe and affordable housing for, and to be occupied by, persons age 62 and older. The acquisition and construction of the Project is to be funded through the issuance of up to $9,000,000 in revenue bonds issued by the City (the "Bonds") pursuant to the Act. At least twenty percent (20%) of the units financed will be specifically reserved for tenants whose incomes are not greater than fifty percent(50%) of the area median income. It is estimated that rents for the Project will be approximately, depending on unit size and amenities: 1 Bedroom $875 1 Bedroom+Den $1,050 2 Bedroom $1,100 - 1,250 2 Bedroom+Den $1,435 - 1,500 50% of Median Income 1 Bedroom $616 1 Bedroom+Den $738 The City, in establishing this Program, has considered, among other things (i)the availability and affordability of other government housing programs; (ii) the availability and affordability of private marketing financing for the construction of multifamily housing units; (iii) an analysis of population, employment trends and projections of future population trends and future employment needs; (iv)the recent housing trends and future housing needs of the City; and (v) an analysis of how the Program will meet the needs of persons and families residing and expected to reside in the City. The City, in adopting the Program, has further considered(i)the amount, timing and sale of Bonds to finance the estimated costs of the housing units, to fund the appropriate reserves and to pay the cost of issuance; (ii) the method of monitoring and implementation of the Program to insure compliance with the City's housing plan and its objectives; (iii) the method of administering, servicing and supervising the Program; (iv) the costs of the City, including future administrative expenses; (v)the restrictions on the multifamily development to be financed under the Program; and (vi) certain other limitations. The City, in adopting the Program, considered the potential financing impact of a bond issuance on affected public agencies. In addition, the City reviewed the method of marketing the Program. Such review examined the equal opportunity for participation by (i) minorities; (ii)households with incomes at the lower end of the range that can be served by the Program; (iii)households displaced by public or private actions; and (iv) accessibility to the handicapped. The Project will be constructed and financed pursuant to Subdivision 1(a) of Section 462C.05 of the Act. Subsection A. Definitions. The following terms used in this Program shall have the following meanings, respectively: (1) "Act" shall mean Minnesota Statutes, Chapter 462C, as currently in effect and as the same may be from time to time amended. (2) "Authority" shall mean the Orono Housing and Development Authority. (3) "Bonds" shall mean the revenue bonds to be issued by the City or at the discretion of the City, the Agency,to finance the Program. (4) "City" shall mean the City of Orono, State of Minnesota. (5) "Housing Unit" shall mean any one of the apartment units located in the Project, occupied by one person or family, and containing complete living facilities. (6) "Land" shall mean the parcel of real property upon which the Project is to be constructed. (7) "Owner" shall mean Wedum Foundation, a Minnesota nonprofit corporation or Orono Senior Housing, LLC, a Minnesota limited liability company. (8) "Program" shall mean the program for the financing of the Project pursuant to the Act. (9) "Project" shall mean the 62 unit senior housing facility to be located at Brown Road and Wayzata Boulevard. Subsection B. Program For Financing the Project. It is proposed that the City establish this Program to provide financing for acquisition of the Land and construction of the Project thereon by the Owner at a cost and upon such other terms and conditions as are set forth herein and as may be agreed upon in writing between the City, the initial purchaser of the Bonds and the respective Owner. To do this,the City or, upon authorization by the City,the Authority, expects to issue Bonds the proceeds of which will be loaned to the Owner for financing the acquisition of the Project. If determined to be necessary, a trustee will be appointed by the City to monitor the disbursement of proceeds of the Bonds and payments of principal and interest on the Bonds. The cost of any additional security devices for the Bonds will be borne by the Owner and payable in addition to the principal and interest on the Bonds except as otherwise provided by resolution of the City. It is contemplated that the Bonds shall have a maturity of up to forty(40) years and will be priced to the market at the time of issuance. The Bonds may be issued in two series, one of which has;a claim on revenues senior to the other. The City will hire no additional staff for the administration of the Program. The City intends to select and contract with a financial institution or trustee experienced in trust matters to administer the Bonds. Insofar as the City will be contracting with underwriters, legal counsel, bond counsel, 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 except as otherwise provided by resolution of the City. The Bonds will not be general obligation bonds of the City, but are to be paid only from properties pledged to the payment thereof, which may include additional security such as additional collateral, insurance or a letter of credit. Subsection C. Local Contributions To The Program. It is presently contemplated that there will be a local contribution of funds to the Project consisting of tax increment financing by the Authority or the City for Land acquisition and certain public costs, together with an appropriation of funds for a local contribution. Subsection D. Standards and Requirements Relating to the Financing of the Projects Pursuant to the Program. The following standards and requirements shall apply with respect to the operation of the Project by the Owner pursuant to this Program: (1) Substantially all of the proceeds of the sale of the Bonds will be used to provide funds for the acquisition and construction of the Project. The funds will be made available to the Owner pursuant to the terms of the Bond offering, which may include certain covenants to be entered into between the City and the Owner. (2) The Owner will not arbitrarily reject an application from a proposed tenant because of race, color, creed, religion, national origin, sex, marital status, or status with regard to public assistance or disability. (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 16.83, et seq. Subsection E. Evidence of Compliance. The City may require from the Owner or such other person deemed necessary at or before the issuance of the Bonds, evidence satisfactory to the City of the ability and intention of the Owner 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 Owner in order to confirm such ability, intention and compliance. In addition, the City may periodically require certification from either the Owner or such other person deemed necessary concerning compliance with various aspects of the Program. Subsection F. Issuance of Bonds. To finance the Program authorized by this Section, the City may by resolution authorize, issue and sell its Revenue Bonds in one or more series, and using any additional credit enhancement devices determined by the City to be necessary or desirable for each such series, in an aggregate principal amount estimated to be up to $9,000,000. The Bonds shall be issued pursuant to Section 462C.07, Subdivision 1 of the Act, and shall be payable primarily from the revenues of the Program authorized by this Section. The City anticipates the issuance of such amount prior to the end of 2001. 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. Subsection I. Issuance of Tax Increment Notes. At the discretion of the City and Authority, obligation to finance the Land and certain public costs of the Program may be issued by the Authority or City pursuant to authority granted by Minnesota Statues, Section 469.178. M1.740376 02 CITY OF ORONO HENNEPIN COUNTY STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION ADOPTING THE REDEVELOPMENT PLAN FOR HOUSING PROJECT AREA NO. 1, ESTABLISHING TAX INCREMENT FINANCING DISTRICT NO. 1-1 THEREIN, AND ADOPTING THE TAX INCREMENT FINANCING PLAN THEREFOR. BE IT RESOLVED by the City Council (the "Council") of the City of Orono, Minnesota(the "City"), as follows: Section 1. Recitals. 1.01. It has been proposed by the Orono Housing and Redevelopment Authority(the "HRA") and the City that the City adopt the Development Plan for Housing Project Area No. 1, establish Tax Increment Financing District No. 1-1 (the "District") therein and adopt the Tax Increment Financing Plan therefor (collectively, the "Plans"); all pursuant to and in conformity with applicable law, including Minnesota Statutes, 469.001 through 469.047 and 469.174 through 469.179, all inclusive, as amended, (the "Act") all as reflected in the Plans, and presented for the Council's consideration. 1.02. The City has investigated the facts relating to the Plans and has caused the Plans to be prepared. 1.03. The City has performed all actions required by law to be performed prior to the establishment of the District and the adoption and approval of the proposed Plans, including, but not limited to, notification of Hennepin County and Independent School District No. 278 having taxing jurisdiction over the property to be included in the District, and the holding of a public hearing upon published notice as required by law. 1.04. Other written reports and analysis (the "Supporting Data") relating to the Plans and to the activities contemplated therein have heretofore been prepared and submitted to the Council and/or made a part of the City files and proceedings on the Plans. The Supporting Data include data, information and/or substantiation constituting or relating to the bases for the other findings and determinations made in this resolution. The Council hereby confirms, ratifies and adopts the Supporting Data, which are hereby incorporated into and made as fully a part of this resolution to the same extent as if set forth in full herein. Section 2. Findings for the Adoption and Approval of the Plans. 2.01. The Council hereby finds that the Plans, are intended and, in the judgment of this Council, the effect of such actions will be, to provide an impetus for development in the public purpose and accomplish certain objectives as specified in the Plans, which are hereby incorporated herein. Section 3. Findings for the Establishment of Tax Increment Financing District No. 1-1. 3.01. The Council hereby finds that Tax Increment Financing District No. 1-1 is in the public interest and is a"housing district" under Minnesota Statutes, Section 469.174, subd. 11. 3.02. The Council further finds that the proposed development would not occur solely through private investment within the reasonably foreseeable future and that the increased market value of the site that could reasonably be expected to occur without the use of tax increment financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tax increments for the maximum duration of the District permitted by the Tax Increment Financing Plan, that the Plans conform to the general plan for the development or redevelopment of the City as a whole; and that the Plans will afford maximum opportunity consistent with the sound needs of the City as a whole, for the development or redevelopment of the District by private enterprise. 3.03. The City elects to make a qualifying local contribution in accordance with Minnesota Statutes, Section 273.1399, subd. 6(d), in order to qualify the District for exemption from state aid losses set forth in Section 273.1399. 3.04. The Council further finds, declares and determines that the City made the above findings stated in this Section and has set forth the reasons and supporting facts for each determination in writing, attached hereto as Exhibit A. Section 4. Public Purpose 4.01 The adoption of the Plans conforms in all respects to the requirements of the Act and will help fulfill a need to develop an area of the City which is already built up, to provide housing opportunities, to improve the tax base and to improve the general economy of the State and thereby serves a public purpose. Section 5. Approval and Adoption of the Plans. 5.01. The Plans, as presented to the Council on this date, including without limitation the findings and statements of objectives contained therein, are hereby approved, ratified, established, and adopted and shall be placed on file in the office of the City Administrator. 5.02. The HRA, the staff of the City, the City's advisors and legal counsel are authorized and directed to proceed with the implementation of the Plans and to negotiate, draft, prepare and present to this Council for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. 5.03. At such time as the HRA and the City enter into a development agreement to implement the Plans and the City Administrator receives evidence satisfactory to him of the availability of financing for the project described in the Plans, the City Administrator is authorized and directed to transmit a request to the County Auditor for certification of the District in such form and content as the Auditor may specify, together with a list of all properties within the District, for which building permits have been issued during the 18 months immediately preceding the adoption of this resolution, and to make appropriate filings with the Minnesota Department of Revenue. 5.04. The City Administrator is further authorized and directed to file a copy of the Plans as required by the Act. The motion for the adoption of the foregoing resolution was duly seconded by Council member , and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Dated: , 2001 ATTEST: Mayor City Administrator M1:755060.02 CITY OF ORONO HENNEPIN COUNTY STATE OF MINNESOTA Council member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING HOUSING PROGRAM AND STATING INTENT TO ISSUE HOUSING REVENUE BONDS BE IT RESOLVED by the City Council (the "Council") of the City of Orono, Minnesota(the "City"), as follows: 1. On May 14, 2001 this Council held public hearings on a Program for the Financing of a Multifamily Rental Housing Development for Seniors (the "Housing Program") and on the issuance of up to $9 million of housing revenue bonds (the "Housing Bonds") pursuant to Minnesota Statutes, Chapter 462C to finance the Program. The Program provides for acquisition of land and construction of 62 units of multifamily housing for seniors to be located at Brown Road and Wayzata Boulevard and to be owned by Wedum Foundation or Orono Senior Housing, LLC. 2. The Program is hereby approved. 3. The issuance of the Bonds given preliminary approval. The City intends to issue the Bonds subject to negotiation and consideration of the terms thereof and related documents. City staff, the City Attorney and bond counsel are authorized to negotiate and prepare appropriate documents relating to the Bonds for consideration by this Council. The motion for the adoption of the foregoing resolution was seconded by Council member , and upon a vote being taken thereon the following voted in favor thereof: and the following voted against the same: Dated: AT l'EST: Mayor City Administrator MI:750269.01