HomeMy WebLinkAboutTIF Doc's - 11-28-01 1Vy
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CITY of ORONO
Municipal Offices
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g
' .� / Street Address: Mailing Address:
2750 Kelley Parkway P.O. Box 66
Orono, MN 55356 Crystal Bay, MN 55323-0066
November 28, 2001
Susan Landrum
TIF Coordinator
Ehlers & Associates, Inc.
3060 Center Pointe Drive
Roseville, MN 55113
Re: Orono Woods Documents
Dear Susan:
Enclosed please find the enclosed documents per your request:
1. Certified copy of City Council Resolution No. 4623 adopted 3-12-01 calling for a public
hearing.
2. Photocopies of the published Public Hearing Notices and Affidavits of Publication for the
May 14, 2001 hearings.
3. Certified copy of HRA Resolution No. 2001-02 adopted 5-29-01, adopting the
redevelopment plan, establishing TIF District and adopting TIF Plan.
4. Certified copy of City Council Resolution No. 4658 adopted 5-29-01, adopting the
Redevelopment Plan, establishing TIF District and adopting TIF Plan.
5. Copies of City Council minutes regarding this project for March 12, 2001; April 23, 2001;
May 14, 2001; May 29, 2001; and October 22, 2001.
6. Copies of HRA minutes regarding this project for April23,2001;May 29,2001;and October
22, 2001.
7. Certified copy of City Council Resolution No. 4705 adopted October 22, 2001 approving
issuance and sale of bonds and authorizing execution of related documents.
8. Certified copy of HRA Resolution No. 2001-03 adopted October 22, 2001 authorizing
execution of Development Agreement including ground lease and TIF Note.
I understand that this list includes 2 additional recent documents you may not have specifically
requested but which may be important to the closing-I'll let you decide. Please contact me at 952-
249-4622 or email mgaffron@ci.orono.mn.us if you have questions.
Sincerely,
Michael P. Gaffron
Planning Director
encl.
cc: Steve Rosholt
Telephone(952)249-4600 • Fax(952)249-4616
www.ci.orono.mn.us
MEMORANDUM
TO: Mike Gaffron,Community Development Director-City of Orono
FROM: Susan Landrum-Ehlers&Associates,Inc.
CC: Steve Rosholt-Faegre&Benson,P.L.L.P.
DATE: November 26, 2001
RE: Needed Documentation: Establishment of Tax Increment Financing District No.
1-1.
As part of our services,we will request certification of Tax Increment Financing District No. 1-1
with the county, file appropriate documents with the state, and assemble a notebook of all of the
pertinent materials regarding the actions taken for the establishment of Tax Increment Financing
District No. 1-1. In order to request certification on Friday November 30,2001,we will need the
following documentation as soon as possible:
2-3 1.Certified copy of the City resolution(from March 12,2001)calling for a public hearing;
GIN N c,s5 2.Copy of the actual published public hearing notice and affidavit of publication(it ran April
28,2001 in the The Laker and Pioneer Newspapers);
42091 - 3.Certified copy of the HRA resolution approving the Plans;
4.Certified copy of the City Council resolution(from May 29, 2001)approving the Plans;
5.Copy of all City Council meeting minutes(including May 14 and May 29,2001)pertaining
to the public hearing related to the establishment of Tax Increment Financing District
No. 1-1.
Please call me if you have any questions. Thank you for your assistance.
from the desk of:
Susan Landrum
TIF Coordinator
Ehlers&Associates,Inc.
3060 Centre Pointe Drive
Roseville,MN 55113
(651) 697-8531
6
(74itv
O 0
o, CITY of ORONO
IA 1�"' tii
K
t �;�I1 �Gti i RESOLUTION OF THE CITY COUNCIL
�kES� NO. 462
A RESOLUTION CALLING FOR A PUBLIC HEARING
ON THE PROPOSED ESTABLISHMENT OF
DEVELOPMENT DISTRICT NO. 1 AND
TAX INCREMENT FINANCING DISTRICT NO. 1-1
NOW,THEREFORE,BE IT RESOLVED by the City Council(the"Council")for
the City of Orono, Minnesota(the "City"), as follows:
SECTION 1. Public Hearing. The Council shall meet on May 14, 2001, at
approximately 7:00 p.m.to hold a public hearing on:(1)the proposed establishment of Development
District No. 1 and the adoption of a development program, and (2) the proposed establishment of
Tax Increment Financing District No. 1-1 and the adoption of a tax increment financing plan. These
actions are taken pursuant to and in accordance with the Minnesota Statutes, Sections 469.124
through 469.134 and Sections 469.174 through 469.179, inclusive, as amended, in an effort to
encourage the development of certain designated areas and the provision of housing within the City;
and
SECTION 2. Notice of Public Hearing, Filing of Documents. City staff is
authorized and directed to work with Ehlers&Associates,Inc.,to prepare the Development Program
for Development District No. 1 and the Tax Increment Financing Plan for Tax Increment Financing
District No. 1-1 and to provide notifications as required by State Law. The City Administrator is
authorized and directed to cause notice of the hearing,together with an appropriate map as required
by law,to be published at least once in the official newspaper of the City no later than 10,nor more
than 30, days prior to May 14, 2001 and to place a copy of the Development Program and the Tax
increment Financing Plan on file in the City Clerks's office at City Hall and to make such copy
available for inspection by the public.
Adopted by the City Council this 12th day of March, 2001.
4 , , 1 ,,. , ...„., /, ,
Barbara Peterson, Mayor
ATTEST:
L9C_ / e:l./p,-r(_—
Rachel Dodge, Deputy Clerk
RESOLUTION# 4623
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on March 12, 2001 , and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 27th day of
November , 2001.
,,„
Lin a S. Vee, City Clerk
(SEAL)
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r•--17/111^11 !AACFTING Affidavit of Publication
MAY 1 4 2000 State of Minnesota, County of Hennepin.
NOTICE OF PUBLIC HEARING La I Y Ur UhiUIVU Bill Holm, being duly sworn on oath, says that he
ADOPTION is an authorized agent and employee of the
OF A SENIOR HOUSING PROGRAM
AND THE ISSUANCE OF MULTIFAMILY publisher of the newspaper known as THE
HOUSING REVENUE BONDS LAKER, Mound, Minnesota, and has full
THEREUNDER BY THE CITY OF ORONO,
MINNESOTA knowledge of the facts which are stated below:
NOTICE IS HEREBY GIVEN that a public
hearing shall be conducted by the City
Council of the City of Orono, Minnesota(the A.) The newspaper has complied with all the
"City'), relating to the adoption of a housing
program (the -Program') under Minnesota requirements constituting qualifications as a
Statutes, Chapter 462C and the issuance of qualified newspaper, as provided by Minnesota
up to approximately$9,000,000 of multifamily
housing revenue bonds thereunder to Statute 331 A.02, 331 A.07, and other applicable
finance the acquisition, construction and
improving by Wendum Foundation or Orono laws, as amended.
Senior Housing,L.L.C.(the-Corporation'),of
a 62-unit multifamily housing facility for
seniors (the "Project") to be located at the Senior Housing & Bonds
intersection of Brown Road and Wayzata B.) The printed
Boulevard in the City. The Project will be
owned and operated by the Corporation. The
public hearing will be held at the Orono City
Hall on Monday, May 14, 2001 at
approximately 7:00 p.m. At said time and
place the City Council of the City shall give all which is attached was cut from the columns of
parties who appear an opportunity to express
their view with respect to the Program and the said newspaper, and was printed and published
proposed issuance of bonds.
The bonds shall be limited obligations of once each week for 1 successive weeks.
the City and the bonds and interest thereon
shall be payable solely from the revenues
pledged to the payment thereof,except that It was first published Saturday
such bonds may be secured by a mortgage
and other encumbrances on the Project. No
owner of any such bonds shall ever have the
right to compel the taxing power of the City to the 28 day of April 20 01
pay the bonds or the interest thereon,nor to
enforce payment against any property of the
City except the Project.
Date: April 23,2001 and was thereafter printed and published
City Clerk every Saturday, to and including Saturday,
City of Orono,Minnesota
(Published in The Laker and Pioneer the day of 20 ;
April 28,2001)
Authorized Agent
Suscribed and sworn to me on this
28th day of April 20 01.
By: /. /
Notary Public
KRISTI HOLM
NOTARY PUBLIC-MINNESOTA
My Co emission Expires Jan.31,2.O 5
Rate Information
(1) Lowest classified rate paid by commercial users
for comparable space:$15.00 per inch.
(2) Maximum rate allowed by law for above matter:$15.00.
(3) Rate actually charged for above matter:$7.73 per inch.
Each additional successive week:$5.62.
ORONO HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF ORONO
HENNEPIN COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2001-02
RESOLUTION ADOPTING THE REDEVELOPMENT PLAN
FOR HOUSING PROJECT NO. 1; AND ESTABLISHING TAX
INCREMENT FINANCING DISTRICT NO. 1-1 WITHIN
HOUSING PROJECT NO. 1 AND ADOPTING THE TAX
INCREMENT FINANCING PLAN THEREFOR.
WHEREAS, it has been proposed by the Board of Commissioners (the
"Board") of the Orono Housing and Redevelopment Authority (the "HRA") and the
City of Orono (the "City") that the HRA adopt the Development Plan for Housing
Project No. 1 and establish Tax Increment Financing District No. 1-1 and adopt the
Tax Increment Financing Plan therefor, (collectively, the "Plans"), all pursuant to and
in conformity with applicable law, including Minnesota Statutes, Sections 469.001
through 469.047, and Sections 469.174 to 469.179, inclusive, as amended (the "Act"),
all as reflected in the Plans and presented for the Board's consideration; and
WHEREAS, the City has investigated the facts relating to the Plans and has
caused the Plans to be prepared; and
WHEREAS, the City has performed all actions required by law to be
performed prior to the adoption of the Plans. The City has also requested the Council
schedule a public hearing on the Plans upon published notice as required by law.
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
1. The HRA 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 and Minnesota Statutes, and finds that the adoption of the proposed
Plans conforms in all respects to the requirements of the Act and will facilitate the
development of a parcel of land in the City that due to a variety of conditions and
reasons has remained undeveloped and will result in the construction of needed
decent, safe and sanitary housing for persons of low and moderate income and thereby
serves a public purpose.
2. The HRA further finds that the Plans will afford maximum opportunity,
consistent with the sound needs for the City as a whole, for the development ment or
redevelopment of the project area by private enterprise in that the intent is to provide
only that public assistance necessary to make the private developments financially
feasible.
3. Conditioned upon the approval thereof by the City Council following
its public hearing thereon, the Plans, as presented to the HRA on this date, are hereby
approved, established and adopted and shall be placed on file in the office of the City
Administrator.
4. Upon approval of the Plans by the City Council, the staff, the HRA's
advisors and legal counsel are authorized and directed to proceed with the
implementation of the Plans and for this purpose to negotiate, draft, prepare and
present to this Board for its consideration all further plans, resolutions, documents and
contracts necessary for this purpose. Approval of the Plans does not constitute
approval of any project or a Development Agreement with any developer.
5. Upon approval of the Plans by the City Council, subject to such
conditions as the City Council may specify, the City Administrator is authorized and
directed to forward a copy of the Plans to the Minnesota Department of Revenue
pursuant to Minnesota Statutes 469.175, subdivision 2.
6. The City Administrator is authorized and directed, subject to such
conditions as the City Council may specify, to forward a copy of the Plans to the
Hennepin County Auditor and request that the Auditor certify the original tax capacity
of the District as described in the Plans, all in accordance with Minnesota Statutes
469.177.
Approved by the HRA of the City of Orono on this 29th day of
May , 2001.
Ue., a�-aJ
Chair , Barbara A. Peterson
ATTEST:
<0—AL _
Secretary , Ro e t K. Sansevere City Clerk, Linda S. Vee
m1:755050 02
RESOLUTION# 2001-02
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the Orono Housing and
Redevelopment Authority of the City of Orono with the original record of such resolution in the
Minutes of the proceedings of said HRA meeting held on May 29, 2001 , and that the
same is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 27th day of
November , 2001.
Linda S. Vee, City Clerk
(SEAL)
CITY OF ORONO
HENNEPIN COUNTY
STATE OF MINNESOTA
Council member Flint introduced th following resolution
and moved its adoption:
RESOLUTION NO. 4 6 5 8
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
4658
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 fords 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
4656
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
. ich 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 White , and upon a vote being taken
thereon, the following voted in favor thereof:
Mayor Peterson
Council Member Nygard
Council Member Sansevere
and the following voted against the same:
None
Dated: May 29 , 2001
ATTEST:
614844C2aXXX-7—
Barbara Peterson
Ronald J. Moorse
Mayor City Administrator
m1:755060.02
Lina S. Vee
City Clerk
•
RESOLUTION# 4658
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on May 29, 2001 , and that the same is
a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 27th day of
November , 2001.
./ �
Linda S. Vee, City Clerk
(SEAL)
ORONO CITY COUNCIL MEETING
MONDAY,MARCH 12,2001
8. No Parking Zone on County Road 51 East of Noerenberg Bridge Resolution
No. 4622—Continued
51/County Road 84 intersection, and on both sides of County Road 84 from the same
intersection to 1,500 feet north of the intersection.
Nygard suggested that car-trailer traffic be directed to the Lake Minnetonka Regional
Park lot when other parking is full.
Mayor Peterson asked if Orono meets the trailer parking requirements according to the
LMCD. Moorse stated Orono does meet the LMCD requirements. Mayor Peterson
suggested encouraging people to contact other cities and asking them to improve their
parking situations.
Sansevere asked Chief Good if she had a recommendation on the matter. She stated she
has not yet spent a summer in Orono as police chief, but the police would enforce
whatever the Council decided.
Gappa stated that if Hennepin County agrees to the new resolution,they hope to have
signs up before boating season opens.
Sansevere suggested that for the first few weeks after the parking restriction is applied,
violators be given a warning.
White moved, and Sansevere seconded,to adopt Resolution No. 4621 relating to
parking restrictions on County Road 51 and County Road 84.
Vote: Ayes 4, Nays 0.
CITY ADMINISTRATOR'S REPORT
*10. Amend Annual Appointments—Resolution No. 4621
White moved, and Sansevere seconded,to adopt Resolution No. 4621 amending
selected appointments for the year 2001.
Vote: Ayes 4,Nays 0.
*11. Schedule TIF Hearing—Resolution No. 4623
White moved, and Sansevere seconded,to adopt Resolution No. 4623 calling for a
Public Hearing on the proposed establishment of Development District No. 1 and
Tax Increment Financing District No. 1-1.
Vote: Ayes 4,Nays 0.
8
i
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY,April 23,2001
(Sprint Proposal, Continued)
Rice stated he understands the position of the City. Rice indicated Sprint would like to start a
dialogue which would help to address some of these unresolved issues.
Sansevere commented he would like more information on the tower that resembles a tree.
Sansevere indicated he is not ready at this time to support an 80 foot tower.
Mayor Peterson stated she also cannot favor an 80 foot tower.
Flint stated he also would like more information regarding the tree tower as well as information
regarding the coverage area with a 55 to 60 foot tower.
White commented unfortunately the park is not an industrial area and the City would prefer not to
.turn it into an industrial site.
Tom Barrett suggested this item be tabled to allow Sprint time to supply the additional information
requested.
Sansevere commented the City of Orono would like to work with Sprint.
Mayor Peterson reiterated the Council is interested in looking at possibly more than one tower with
heights not to exceed 55 to 60 feet and the free option. Peterson inquired whether the idea is to stay
on public property with the tower.
White indicated that once the tower is constructed,the land would become taxable.
Johnson stated that once public land is put to income producing use,the land could become taxable.
Tom Barrett stated it is his understanding the land could be assessed if it produces income.
Sansevere pointed out that if an 80 foot tower is approved at this site and another carrier requests an
80 foot tower at another location within the City,the City would be required to approve that request
as well so as not to discriminate between carriers.
Tom Barrett stated the Council would need to consider the discriminatory factor in making their
decision.
•
Flint moved,White seconded,to table Sprint's proposal for a telecommunication antenna
pending further information being supplied by Sprint. VOTE: Ayes 5,Nays 0.
(#9) RESOLUTION CALLING FOR A PUBLIC HEARING ON A HOUSING PROGRAM
AND A TEFRA HEARING ON THE ISSUANCE OF 501 (c) (3)BONDS FOR THE ORONO
WOODS HOUSING PROJECT
Moorse noted public hearings on the Orono Woods Tax Increment Financing Plan, Development
Plan,Housing Program, and the issuance of multi-family housing revenue bonds have been
scheduled for May 14t.
Page 13 •
• —
MINUTES OF THE
ORONO CITY COUNCIL MEETING
MONDAY,April 23,2001
Flint moved,Sansevere seconded,to approve and adopt RESOLUTION NO.4648,a
Resolution calling for public hearings on the Orono Woods Tax Increment Financing Plan,
Development Plan,Housing Program,and the issuance of multifamily housing revenue bonds.
VOTE: Ayes 5,Nays 0.
*(#10) YEAR ENDING DECEMBER 31,2000—INVESTMENT REPORT
The City Council reviewed the Investment Report for the Year Ended December 31,2000.
*(#11) REQUEST FOR AUTHORIZATION TO DISPOSE OF USED SQUAD CARS
Sansevere moved,Flint seconded,to declare Squads 167,178,and 182,as surplus property and
,to authorize their sale to the highest bidder on May 9,2001. VOTE: Ayes 4,Nays 0.
*(#12) FLEMING TRAIL COVENANT AMENDMENT
Sansevere moved,Flint seconded,to authorize the Mayor and City Administrator to sign the
"Amendment to Declaration of Covenants"for the Fleming Trail Addition.
VOTE: Ayes 4,Nays 0.
MAYOR/COUNCIL REPORT
Flint stated his comments at the last Planning Commission meeting were regarding the fine job the
Planning Commission was doing on the applications,which enables the City Council to put a large
number of them on the Consent Agenda. Flint commented he is pleased with the quality people that
are presently on the Planning Commission.
Flint stated a specific comment was raised regarding the Wett application. Flint stated the property
owner made the comment why did he have to go through this whole process. Flint stated in his
opinion that is one application that could have been handled entirely by City Staff. Flint stated the
Applicant extended the roof line a little further over the blacktop than what it already was, so
technically you were substituting an overhang variance for the hardcover variance that was already
there. Flint stated the City needs to come up with some specifics where those type of applications
can be handled administratively.
Mayor Peterson indicated the three Planning Commission alternates and herself spent the majority
of Saturday at a seminar put on by John Shardlow,which was very informative and worthwhile.
Gaffron inquired whether the fee paid ori the Wett application should be refunded. Gaffron stated
the City collected a penalty fee on this application since it was an after-the-fact variance,which is
double the permit fee.
Mayor Peterson stated in her opinion the City should charge the normal application fee.
Page 14
*►
ORONO CITY COUNCIL MEETING
MONDAY,MAY 14,2001
Public Comments—Continued
Peter Kramer asked if Federal law would allow Sprint to put a tower wherever they want.
Barrett stated Sprint has certain rights, but the City also has some ability to regulate
towers.
Lorraine Kaly of 1395 Brown Road asked why Sprint was offering to pay$850 per
month, instead of buying property. White stated that a lease would be a tax write-off.
Greg Peterson of 1355 Arbor Road stated that one corner of their proposed tower's
concrete pad would be 10' from a play area.
John Gilmore of 2150 Prospect Avenue asked if the City would have to change its
ordinance. Nygard stated they would,with a 4/5ths vote.
Steve Miller of French Creek Drive stated that the previous Council refused a variance for
the Art Center to exceed the 30' height restriction, and Council should deny the tower for
that reason, among others.
Ed Tekeric of 2990 Casco Point Road stated that he had received a letter regarding storage
of junk on private property. He keeps and restores cars on his property. He stated he has
a row of trees 10–20' tall around his property and that his cars are not visible from the
road. He stated he is willing to clean up his property, install a privacy fence, or a gate
across his driveway, but would like to continue his hobby.
Weinberger stated that 5 or 6 vehicles are kept in the yard, without licenses, and should,
under the ordinance,be kept in an enclosed building.
Mr. Tekeric stated that in other cities non-running vehicles are allowed to be kept as cargo
on a licensed trailer, with a license, or if covered by a tarp. He stated he currently has 6
non-running,non-licensed,vehicles and 4 running, licensed vehicles.
White suggested Mr. Tekeric write to the City and pursue formal action on the issue.
PUBLIC HEARING
Acting Mayor Sansevere opened the Public Hearing at 8:15.
Moorse stated that the hearing concerned three items: 1. TIF District No. 1-1, 2. Housing
Program, and 3. TEFRA. All three items were related as part of a financial package for
the Orono Woods Senior Housing project. He stated that the project includes 20%of the
units affordable to households at 50%or less of the median income. To do that the City is
setting up a tax increment financing district to assist with the financing, and is considering
2
-• f
! .
ORONO CITY COUNCIL MEETING
MONDAY,MAY 14,2001
Public Hearing—Continued
providing for the issuance of housing revenue bonds in the amount up to $9 million.
Moorse also stated that Council would not take action at the meeting because two
members were absent.
There were no public comments.
Acting Mayor Sansevere closed the public hearing at 8:20 p.m.
Sansevere moved, and Nygard seconded,to continue items 2,3, and 4 to the May 29th
Council meeting.
Vote: Ayes 3, Nays 0.
APPROVAL OF MINUTES
*5. Regular Council Meeting of April 23,2001
White moved, and Nygard seconded, to approve the Minutes of the Regular Council
Meeting of April 23, 2001.
Vote: Ayes 3, Nays 0.
PARK COMMISSION COMMENTS—DEBORA HALVORSON,
REPRESENTATIVE
Halvorson stated that the Parks Commission met on May 7th with seven residents in
attendance, five of whom were concerned about the Forest Lake landing. The neighbors
on both sides of the landing had structures on City property. The neighbors were
questioning the exact location of the access and were no longer comfortable using the
access. She requested the Council commission a survey to mark the property corners.
Gappa stated that the landing was already being surveyed.
Halvorson stated that the other two residents in attendance stated their appreciation for the
Navarre Park renovations, and volunteered to help with the plantings. Rick Meyers has
been acquiring plants through donations and seeking volunteers to help with the plantings.
There is also an Eagle Scout who has volunteered to install benches.
Halvorson stated that the next park that will need renovation is Hackberry Park; and the
Parks Commission plans to request funds in July or August for those renovations. Moorse
stated that it could be a while before funds become available to renovate that park.
Halvorson also stated that Crystal Bay Park would need attention in the future.
3
' 4
A 111
MINUTES OF THE
ORONO CITY COUNCIL MEETING
May 29,2001
(Water Surface Management Plan,Continued)
Budelis stated the water restoration projects will in large part be funded by the DNR,the
Metropolitan Council, and the Minnehaha Watershed District.
Kellogg inquired which items would be funded by the stormwater utility.
Budelis stated the swamp implementation strategies and priority projects in developed areas.
Gaffron stated the City can expect to generate fees from new development in the two acre zone
at$5,000 per lot and townhomes at$1,200,which would be approximately$200,000 if twenty
new lots are developed per year.
Budelis stated some of the projects would be funded by other agencies and grants. Budelis stated
they will be looking at the utility fee in the near future to determine what an appropriate fee
would be for this area.
The City Council directed City Staff to schedule a work session for Tuesday,June 19th, at 8:30
a.m.
*(#12) BUDGET ADJUSTMENT FOR PURCHASE OF PARK BENCHES
Flint moved,Nygard seconded,to approve a budget adjustment for the Park Dedication
Fund in the amount of$2,520 for the purchase of six park benches. VOTE: Ayes 5,Nays 0.
*(#13) BUDGET ADJUSTMENT FOR DOCK PURCHASE
Flint moved,Nygard seconded,to approve a budget adjustment from $5,000 to$5,380 for
the 2001 Parks Capital Outlay Budget for the purchase of two roll in docks.
VOTE: Ayes 5,Nays 0.
Items 14 through 17 follow Item 18.
CITY ADMINISTRATOR'S REPORT
(#18) ORONO WOODS SENIOR HOUSING PROJECT FINANCIAL PACKAGE—
RESOLUTION NOS.4658 and 4659
Moorse stated the City needs to vote on 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. Moorse indicated a public hearing was held on May 14th
regarding the establishment of Tax Increment Financing District No. I, Adoption of the Housing
Program, and TEFRA hearing on the issuance of housing revenue bonds. Moorse stated since
only three members of the Council were present at that hearing,approval of the resolutions was
tabled until the May 29th meeting.
PAGE 23
Ellb.
4111
MINUTES OF THE
ORONO CITY COUNCIL MEETING
May 29,2001
(Orono Woods Senior Housing Project,Continued)
Flint moved,White seconded,to approve and adopt RESOLUTION NO.4658,a
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,and to approve and adopt RESOLUTION
NO.4658,a Resolution Approving Housing Program and Stating Intent to Issue Housing
Revenue Bonds. VOTE: Ayes 5,Nays 0.
PUBLIC SERVICE DIRECTOR'S REPORT,CONTINUED
(#14) INSTALLATION OF STREET LIGHT AT COUNTY ROAD 6 & WILLOW DRIVE
INTERSECTION
Flint indicated he has concerns regarding the installation of a street light at this intersection. Flint
noted the City has only received one request from a resident in this area requesting a street light.
Gappa recommended a street light be installed at this intersection due to the number of accidents
that has occurred at this location over the past few years.
Flint commented by installing street lights,the complexion of Orono would change.
Gappa stated in his view a street light is needed at this intersection. Gappa noted other street
lights have been installed along County Road 6 and would help to improve visibility and alert
drivers to the presence of the intersection.
Flint inquired whether a flashing amber light was considered for this intersection.
Gappa stated a flashing amber light tends to be more intrusive.
White suggested the City monitor this area for one year to see whether a light is needed.
Sansevere indicated he would support a street light if Gappa feels it is needed for safety reasons.
Flint noted the one fatality that occurred at this intersection occurred during the daytime.
Gappa stated installation of a street light is one of the most cost effective safety improvements
that can be made to an intersection. Gappa noted this intersection will be used more frequently
once the new development is completed.
Peterson moved,Sansevere seconded,to approve the installation of a streetlight at the
County Road 6/Willow Drive intersection by Wright Hennepin Electric for a$375
installation cost and a monthly operational cost of$8.40. VOTE: Ayes 3,Nays 2,
White and Flint Opposed.
PAGE 24
• . .
NIINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,October 22,2001
7:00 o'clock p.m.
(LMCD Report,Continued)
Flint noted the City does not have jurisdiction over this matter, and suggested McMillan contact former
mayor Gabriel Jabbour for his input.
Nygard stated in his view this issue is worth looking into by the LMCD.
PUBLIC COMMENTS
John Hollander, 200 Hollander Road, requested the City Council consider installing some American
Flags somewhere in Navarre, noting at the present time there are no American Flags flying in this area.
Flint stated the only location where the City would be able to fly a flag would be at the Navarre Park.
White commented the merchants in this area could also fly the American Flag if they so desire.
Hollander suggested the City consider flying the flag on some of the light posts in this area.
ZONING ADMINISTRATOR'S REPORT
*(#6) #2600 BRIAN KERBER,740 ORCHARD PARK ROAD—AMENDMENT TO VARIANCE
APPROVAL
White moved,Sansevere seconded,to approve the amendment to the variance to permit construction of
a new garage rather than relocating the existing garage for Brian Kerber,
740 Orchard Park Road. VOTE: Ayes 4,Nays 0.
(#7) #2640/41 DUNBAR DEVELOPMENT,INC.,2060 WAYZATA BOULEVARD—FINAL PLAN
APPROVAL—RESOLUTION NOS.4703,4704,AND 4705; ORDINANCE NO.207,
SECOND SERIES
Mike Pagh, Representative of Dunbar Development,appeared.
Gaffron stated the Council on October 8th reviewed the final plans for this project,with the City's
landscape planner since then also having reviewed the landscape plan. The City's landscape consultant
did find the plan acceptable for this area. Gaffron noted the Council also reviewed the deferred fees
situation and concluded that the deferrals would be recouped through the last five years of TIF proceeds.
Gaffron stated the Watershed District has indicated this item will be on their November 8th agenda.
The City has also been informed the issues relating to Mn/DOT have been resolved and that the
Metropolitan Council will be approving the City's Comprehensive Plan at their October 24th meeting.
Staff is recommending that any approval given by the Council tonight be conditioned upon receipt by
the City that all the other agencies involved in this application have given their approval to the project.
PAGE 13
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,October 22,2001
7:00 o'clock p.m.
(#2640/41 Dunbar Development,Continued)
Gaffron stated the documents before the Council include the resolution for preliminary plat approval; a
resolution approving the general development plan and final plat; the PUD 2A agreement for the office
building; the PUD 2B agreement for the senior housing facility; the rezoning ordinance; and the
development agreement relating to Orono Woods Apartments.
Gaffron noted Steve Rosholt, Attorney-at-Law, is present at tonight's meeting in order to answer any
questions relating to the development agreement.
Flint inquired if the bonds are not sold, how the City would protect itself and go back to status quo.
Rosholt stated the answer to Flint's question is two-fold,with the first part relating to approval of all the
zoning issues. Rosholt stated the Council could elect to make those approvals subject to the successful
sale of the bonds. The second issue before the Council relates to approval of the TIF District, which
could also be made subject to the successful sale of the bonds.
Flint stated he would like the City to return to status quo if there is not a successful sale of the bonds.
Flint commented the developer would be required to come back to the City if he elects to use a different
form of financing on this project. Flint inquired if the City approves the rezoning, whether that would
be a problem if the project does not go forward.
Rosholt stated the City could make it subject to the developer obtaining successful financing of the
project within a certain period of time.
Tom Barrett, City Attorney, stated the City has the ability to rezone the property should the project not
be completed.
Flint inquired what document covers the management of the units.
Rosholt stated that would be covered in the ground lease agreement.
Gaffron stated the Orono preference would be covered in Section 4.4,non-discrimination restrictions on
use.
White moved, Sansevere seconded, to approve and adopt RESOLUTION NO. 4703,a
Resolution Approving the Preliminary Plat for Property Located at 2060 Wayzata Boulevard.
VOTE: Ayes 4,Nays 0.
White moved,Nygard seconded,to approve and adopt RESOLUTION NO.4704,a
Resolution Granting General Develoment Plan Approval for Planned Unit Development No.2 for
Orono Ambar,L.L.C.,and Approving the Plat of Orono Ambar. VOTE: Ayes 4,Nays 0.
PAGE 14
MINUTES OF THE
ORONO CITY COUNCIL MEETING
Monday,October 22,2001
7:00 o'clock p.m.
(#2640/41 Dunbar Development,Continued)
White moved, Sansevere seconded,to approve the Planned Unit Development No.2A
Agreement for Orono Ambar Office Building,and to approve the Planned Unit Development
No.2B Agreement for Orono Woods Apartments,as amended October 18`".
VOTE: Ayes 4,Nays 0.
White moved,Nygard seconded,to approve and adopt ORDINANCE NO.207,2ND SERIES,an
Ordinance Amending the Municipal Code of Orono and Amending the Official Zoning Map by
Rezoning Property Within Outlot F,Sugar Woods,Hennepin County,Minnesota,from B-1 Retail Sales
Business District to B-6 Highway Commercial District or RPUD Residential Planned Unit Development
District and Adding Section 10.53 Subdivision 9 Regarding Planned Unit
Development No.2. VOTE: Ayes 4,Nays 0.
White moved,Sansevere seconded,to approve the Development Agreement and to approve and adopt
RESOLUTION NO.4705,a Resolution Approving Issuance of Senior Housing Revenue Bonds and
Authorizing Execution of Bond Documents and Development Agreement.
VOTE: Ayes 4,Nays 0.
*(#8) #01-2707 ROB EDDINGTON AND MARK LARSON,HILL STREET—VACATION—
RESOLUTION NO. 4706
White moved,Sansevere seconded,to approve and adopt RESOLUTION NO.4707,a
Resolution Vacating a Portion of an Unimproved Street Within the Plat of Bayside Addition to Lake
Minnetonka,Hennepin County,Minnesota, for Rob Eddington and Mark Larson,
285 and 315 Crestview Avenue. VOTE: Ayes 4,Nays 0.
*(#9) #01-2710 DONALD AND JOANNE DAVIDSON,568 KEENE AVENUE—VARIANCES
White moved,Sansevere seconded,to approve and adopt RESOLUTION NO. ,a
Resolution granting variances to permit the construction of a new residence on a vacant lot
for the property located at 568 Keene Avenue. VOTE: Ayes 4,Nays 0.
(#10) #01-2714 FREDERICK PUZAK, 1340 BALDUR PARK ROAD—VARIANCES—
RESOLUTION NO.
Fred Puzak Applicant,was present.
Weinberger stated the Applicant is requesting variances to permit new construction on the property
located at 1340 Baldur Park Road, which is located at the end of the Baldur Park peninsula. The
Applicant is proposing to remove the existing residence and construct a new residence. Because the lot
is located on a peninsula, 79 percent of the lot is located within 75 feet of the lakeshore.
PAGE 15
ORONO HRA MEETING
MONDAY,APRIL 23,2001
ROLL
The HRA met on the above-mentioned date with the following members present: Barbara
Peterson,Jay Nygard,Richard Flint,Bob Sansevere and Jim White.
The meeting was called to order at 9:30 p.m.
1. Election of Officers
Moorse indicated that due to the recent Council election, it was necessary for the HRA to elect
new members to serve as Chair, Vice Chair, and Secretary. The consensus was that Mayor
Peterson would serve as Chair,and Council Member Flint would serve as Vice Chair. Sansevere
suggested that because the Secretary position must be a non-voting member,this should be filled
by a non-Council member. He suggested the City Finance Director serve as Secretary.
Sansevere moved,White seconded,the election of the following members to serve as officers of
the HRA:
Chair Barbara Peterson
Vice Chair Richard Flint
Vote: Ayes 5,Nays 0.
2. Motion Approving the Draft Housing Program Related to the Orono Woods Senior
Housing Project
Sansevere moved, Flint seconded, to approve the draft housing program related to the Orono
Woods Senior Housing Project. Vote: Ayes 5,Nays 0.
3. Resolution Requesting the City Council to Conduct Public Hearings on the Orono
Woods Tax Increment Financing Plan,Development Plan,Housing Program and
the Issuance of Multifamily Housing Revenue Bonds-Resolution No. 2001-01
Sansevere moved,Flint seconded,the adoption of Resolution No. 2001-01 requesting the City
Council to Conduct Public Hearings on the Orono Woods Tax Increment Financing Plan,
Development Plan,Housing Program and the Issuance of Multifamily Housing Revenue Bonds.
Vote: Ayes 5,Nays 0.
ADJOURNMENT
The meeting was adjourned at 9:45 p.m.
ATTEST:
- 'MO%
•
Rachel Dodge, Deputy Clerk Barbara Peterson,HRA Chair
1
ORONO HRA MEETING
MONDAY, MAY 29,2001
ROLL
The HRA met on the above-mentioned date with the following members present: Barbara
Peterson,Jay Nygard,Richard Flint,Bob Sansevere and Jim White.
The meeting was called to order at 11:21 p.m.
CONSENT AGENDA
(#1) Approve/Amend
Peterson moved,Nygard seconded,to approve the Consent Agenda.
VOTE: Ayes 5,Nays 0.
APPROVAL OF MINUTES
(#2) HRA Meeting of April 23,2001
Peterson moved,Nygard seconded,to approve the minutes of the HRA meeting of April
23,2001,as submitted. VOTE: Ayes 5,Nays 0.
CITY ADMINISTRATOR'S REPORT
(#3) Organizational Business-Election of Secretary
Peterson moved,White seconded,to elect Bob Sansevere as secretary of the HRA.
VOTE: Ayes 4,Nays 0,Sansevere Abstained.
(#4) Orono Woods Senior Housing Project Financial Package-Resolution NO. 2001-02
White moved,Peterson seconded,to approve and adopt RESOLUTION NO. 2001-02, a
Resolution Approving the Development Plan and TIF Plan related to the Orono Woods
Senior Housing Project. VOTE: Ayes 5,Nays 0.
ADJOURNMENT
White moved,Peterson seconded,to adjourn the HRA meeting at 11:30 p.m.
There being no further business to discuss,the meeting was adjourned at 11:30 p.m.
ATTEST:
Linda S. Vee, City Clerk Barbara Peterson,HRA Chair
1
MINUTES OF THS.
HRA MEETING
Monday,October 22,2001
ROLL CALL
The HRA Commission met on the above-mentioned date with the following Commissioners present:
Vice-Chair Richard Flint, Commissioners Bob Sansevere,Jim White, and Jay Nygard. Chair
Barbara Peterson was absent. Representing City Staff were City Administrator Ron Moorse,
City Attorney Tom Barrett, Planning Director Michael Gaffron,Zoning Administrator Paul Weinberger,
City Engineer Tom Kellogg, and Recorder Jackie Young.
Vice-Chair Flint called the meeting to order at 11:05 p.m.
CONSENT AGENDA
None
CITY ADMINISTRATOR'S REPORT
(#1) Resolution Authorizing the Execution and Delivery of a Development Agreement for
the Dunbar Senior Housing Development
Sansevere moved,Nygard seconded,to approve and adopt HRA RESOLUTION NO. 2001-03,a
Resolution Authorizing the Execution and Delivery of a Development Agreement,
Including a Ground Lease and a TIF Note. VOTE: Ayes 4,Nays 0.
ADJOURNMENT
White moved,Nygard seconded,to adjourn the HRA meeting at 11:07 p.m.
ATTEST: ,
2/1-
Lin Vee,City Clerk 'chard Flint,Vice-Chair
,
(.4 0.4;.
O O
• CITY of ORONO
,.1 , 1l4',,'1'1' �1
.L p it 0 / RESOLUTION OF THE CITY COUNCIL
9 4 / NO. 470
�S�
A RESOLUTION
APPROVING THE ISSUANCE AND SALE OF
SENIOR HOUSING REVENUE BONDS
(ORONO WOODS APARTMENT PROJECT),
SERIES 2001 AND AUTHORIZING, EXECUTION
AND DELIVERY OF DOCUMENTS RELATED
THERETO
BE IT RESOLVED by the City Council of the City of Orono, Minnesota as
follows:
1. Authority. The City has been requested to issue one or more series of its
Senior Housing Revenue Bonds (Orono Woods Apartment Project), Series 2001 (as
defined in the Indenture, the "Bonds"), on behalf of Orono Senior Housing, LLC, a
Minnesota limited liability company(the "Owner"), pursuant to (a) its authority under
Minnesota Statutes, Section 462C, as amended (the "Act"), and (b) a Trust Indenture,
dated as of November 1, 2001 (the "Indenture"), between the City and U.S. Bank Trust
National Association, as Trustee (the "Trustee")
2. Public Hearing. The City conducted a public hearing (the "Public
Hearing), on May 14, 2001, on the Owner's proposal that the City issue the Bonds and
adopt a housing program related thereto (the "Housing Program") for the purpose of
loaning the proceeds thereof to the Owner to finance the cost of the development,
acquisition,construction,equipping and financing of 62 units of multifamily housing for
seniors(the "Project")to be owned by the Owner and to be located in the City at Brown
Road and Wayzata Blvd. All parties who appeared at the Public Hearing were given an
opportunity to express their views with respect to the proposal and the Housing Program
was approved.
3. Documents Presented. Forms of the following documents relating to the
Bonds have been submitted to the City and are now on file in the City's offices:
(a) a Loan Agreement(the"Loan Agreement"),dated as ofNovember
1, 2001, between the City and the Owner, whereby the City has agreed to loan
the proceeds of the Bonds to the Owner to finance the Project and the Owner has
agreed to repay the loan by amounts payable under the Loan Agreement;
Page 1 of 6
•
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'7-.:...,. to- _
CITY of ORONO
�- 1�;�IlIA A '� yq
RESOLUTION OF THE CITY COUNCIL
`�kEs_H� NO. 4705
(b) the Indenture,authorizing the issuance and setting the terms of the
Bonds and pledging the revenues to be derived from the Loan Agreement as
security for the Bonds, and setting forth proposed recitals, covenants and
agreements relating thereto;
(c) a Combination Mortgage,Security Agreement,Fixture Financing
Statement and Assignment of Leases and Rents (the "Mortgage"), dated as of
November 1, 2001, from the Owner to the City, by which the Owner grants to
the City a first mortgage lien on, a security interest in, and an assignment of
leases and rents of, its leasehold and ownership interest in the Mortgaged
Property(as defined therein);
(d) a Subordinated Combination Mortgage, Security Agreement,
Fixture Financing Statement and Assignment of Leases and Rents (the
"Subordinate Mortgage"), dated as of November 1,2001,from the Owner to the
City,by which the Owner grants to the City a second mortgage lien on,a security
interest in, and an assignment of leases and rents of, its leasehold and ownership
interest in the Mortgaged Property;
(e) an Assignment of Mortgage (the "Assignment"), dated as of
November 1, whereby the City assigns its interest in the Mortgage and the
Subordinate Mortgage to the Trustee;
(f) a Development Agreement(the"Development Agreement),dated
as of November 1, 2001, between the City, the Orono Housing and
Redevelopment Authority (the "HRA") and the Owner, by which the Owner
agrees to develop and construct the Project and the HRA agrees to provide tax
increment financing to the Project;
(g) a Bond Purchase Agreement (the "Bond Purchase Agreement"),
between the City, the Owner, and Miller Johnson Steichen Kinnard, Inc. (the
"Underwriter") (the documents described in (a) through (g) above being the
"Bond Documents"); and
Page 2 of 6
, ,
,_______________ -____
(ipt, 0.4,.
,O O
K, ^ , CITY of ORONO
� 1l,') tilt
r�^I� i, RESOLUTION OF THE CITY COUNCIL
`9 4 / N
�kES� O. 4 705
(h) a form of the Official Statement (the "Official Statement"), to be
completed,describing the offering of the Bonds and certain terms and provisions
of the documents recited herein.
4. Authorization of Bonds. The City hereby authorizes the issuance of the
Bonds under the Act and the Indenture, the sale of the Bonds to the Underwriter in
accordance with the Bond Purchase Agreement and the loan of the proceeds of the
Bonds to the Owner in accordance with the Loan Agreement.
5. Authorization of Documents Presented. The forms of the Bond
Documents are approved, with such additions or modifications thereto and deletions
therefrom as may be approved by the Mayor,the City Clerk,the Finance Director or the
City Administrator prior to the execution and delivery thereof, such approval to be
conclusively evidenced by the execution and delivery thereof by the appropriate officers
of the City.
6. Execution and Delivery of Bonds. The City is hereby authorized to issue
one or more series of Bonds in an aggregate principal amount not to exceed$9,000,000,
in the form and upon the terms set forth in the Indenture, which terms are for this
purpose incorporated in this resolution(the "Final Resolution")and made a part hereof;
provided, however, that the maturities of the Bonds, the interest rates thereon, the
numbering, and the rights of optional redemption with respect thereto shall all be as set
forth in the final form of Indenture to be approved, executed and delivered by the
officers of the City authorized to do so by the provisions of this Final Resolution,which
approval shall be conclusively evidenced by such execution and delivery; and provided
further that, in no event, shall such maturities exceed 35 years or such rates of interest
produce an average net interest cost in excess of 7.50%per annum.The Underwriter has
agreed pursuant to the provisions of the Bond Purchase Agreement, and subject to the
conditions therein set forth, to purchase the Bonds at the purchase price set forth in the
Bond Purchase Agreement, and said purchase price is hereby accepted. The Mayor,the
City Clerk, the Finance Director, the City Administrator and other officers of the City
are authorized in their discretion, at such time, if any, as they may deem appropriate,to
execute the Bonds as prescribed in the Indenture and to deliver them to the Trustee,
together with a certified copy of this Final Resolution and the other documents required
by Section 2.08 of the Indenture, for authentication, registration and delivery to the
Underwriter.
Page 3 of 6
/'�1O
7� r
O O
^. ) CITY of ORONO
11',,
'4't 3 IP RESOLUTION OF THE CITY COUNCIL
�kEsv,„* NO. 4705
7. Execution and Delivery of Bond Documents. The Mayor,the City Clerk,
the Finance Director and the City Administrator (or in their absence, the deputy or
acting Mayor or City Clerk)are hereby authorized in their discretion at such time,if any,
as they may deem appropriate,to execute and deliver the Bond Documents in the name
and on behalf of the City.
8. Official Statement. The City hereby consents to the completion of the
Official Statement and its circulation by the Underwriter in offering the Bonds for sale
and the completion of a final form of the Official Statement to reflect the final terms of
the Bonds and the foregoing described agreements;provided,however,that the City has
not been requested to and has not participated in the preparation of the Official
Statement or reviewed or verified the information in the Official Statement and takes no
responsibility for and makes no representations or warranties as to, the accuracy,
sufficiency or completeness of such information or the information to be included in the
final form of the Official Statement.
9. Certificates,etc. The Mayor,the City Clerk,the Finance Director and the
City Administrator(or in their absence the deputy or acting Mayor, City Clerk,Finance
Director or City Administrator) are authorized in their discretion, at such time, if any,
as they may deem appropriate,to prepare and furnish to bond counsel and the purchaser
of the Bonds, when issued, certified copies of all proceedings and records of the City
relating to the Bonds, and such other affidavits and certificates as may be required to
show the facts appearing from the books and records in the officers' custody and control
or as otherwise known to them; and all such certified copies, certificates and affidavits,
including any heretofore furnished, shall constitute representations of the City as to the
truth of all statements contained therein.
10. Nature of City's Obligations. No covenant, stipulation, obligation,
representation, or agreement herein contained or contained in the Bonds or the Bond
Documents shall be deemed to be a covenant, stipulation, obligation,representation, or
agreement of any Council member, officer, agent, or employee of the City in that
person's individual capacity, and neither the Council nor any officer or employee
executing the Bonds or such documents shall be liable personally on the Bonds or be
subject to any representation, personal liability or accountability by reason of the
issuance thereof. No provision,representation, covenant or agreement contained in the
Bonds or in any other document related to the Bonds,and no obligation therein or herein
Page 4 of 6
' . 0.4;•
OV joy..,, ›,
CITY of ORONO
�� r;l i�'� �C, RESOLUTION OF THE CITY COUNCIL
9 4 / 4 7
�kE� NO. ® �
imposed upon the City or the breach thereof, shall constitute or give rise to a general or
moral obligation of the City or any charge upon its general credit or taxing powers. In
making the agreements,provisions,covenants and representations set forth in the Bonds
or in any other document related to the Bonds, the City has not obligated itself to pay
or remit any funds or revenues, other than the Trust Estate described in the Indenture.
11. Payment of Costs. All costs incurred by the City in connection with the
issuance, sale and delivery of the Bonds and the execution and delivery of the
documents referred to above or any other agreement or instrument relative to the Bonds,
whether or not actually issued or delivered,such as costs of publication of legal notices,
have been agreed by the Owner to be paid by the Owner or reimbursed by the Owner to
the City.
12. Authorized Officers. The Bonds, the Bond Documents and any other
documents referred to herein are authorized to be executed on behalf of the City by its
Mayor, the City Clerk, the Finance Director and the City Administrator; provided that
in the event any of the officers of the City authorized to execute documents on behalf
of the City under this Final Resolution shall have resigned or shall for any reason be
unable to do so, the deputy or acting Mayor, City Clerk, Finance Director or City
Administrator, is hereby directed and authorized to do so on behalf of the City,with the
same effect as if executed by any officer specifically authorized to do so in the Indenture
or this Final Resolution.
13. Appointment of Trustee. The Trustee is hereby appointed as Trustee,
Paying Agent and Bond Registrar for the Bonds.
14. Qualified Tax-Exempt Obligations.The City hereby designates the Bonds
as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the
Code. In that connection, the Issuer makes the following factual statements and
representations:
(a) the reasonably anticipated amount of tax-exempt obligations(other
than any private activity bonds other than qualified 501(c)(3)bonds)which will
be issued by the City(and all subordinate entities of the Issuer) during calendar
year 2001 will not exceed $10,000,000; and
Page 5 of 6
- _
/O O
^ �-o
_ CITY of ORONO
"� IvolA to, C./ RESOLUTION OF THE CITY COUNCIL
\kEsxoi NO. 4 7 ® 5
(b) not more than $10,000,000 of obligations issued by the City
during calendar year 2001 have been designated for purposes of Section
265(b)(3) of the Code.
15. Effective Date. Be It Further Resolved that this Final Resolution shall be
in full force and effect immediately from and after its passage.
The motion for the adoption of the foregoing resolution was made by
Councilmember White and seconded by Councilmember Sansevere, and upon a vote
being taken thereon the following voted in favor thereof:
Flint, Nygard, Sansevere, White
and the following voted against the same:
(None)
Adopted by the City Council of the City of Orono this 22nd day of October,
2001.
ATTEST:
4., ,f /r6A API"
Linda S. Vee, City Clerk Barbara A. Peterson, Mayor
MI 806796 01
Page 6 of 6
RESOLUTION# 4705
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the City Council of the City of
Orono with the original record of such resolution in the Minutes of the proceedings of said City
Council at a meeting of said City Council held on October 22, 2001 , and that the same
is a true and correct copy of said resolution duly adopted by said City Council at said meeting.
In Witness Whereof, I have hereunto set my hand and seal this 27th day of
November , 2001.
cY
Linda S. Vee, City Clerk
(SEAL)
ORONO HOUSING AND REDEVELOPMENT AUTHORITY
CITY OF ORONO
HENNEPIN COUNTY
STATE OF MINNESOTA
RESOLUTION NO. 2001-03
RESOLUTION AUTHORIZING THE EXECUTION
AND DELIVERY OF A DEVELOPMENT
AGREEMENT, INCLUDING A GROUND LEASE
AND A TIF NOTE.
WHEREAS, the City of Orono, Minnesota(the "City") is proposing to issue its
Senior Housing Revenue Bonds (Orono Woods Apartment Project), Series 2001 (the
"Bonds") in an aggregate principal amount of not to exceed $9,000,000 and to loan
the proceeds thereof to Orono Senior Housing, LLC, a Minnesota nonprofit
corporation (the "Owner") to finance a portion of the costs of developing, acquiring,
constructing and equipping a 62-unit multifamily housing development for seniors
located in the City(the "Project"); and
WHEREAS, the City will loan the proceeds of the Bonds to the Owner
pursuant to a Loan Agreement, dated as of November 1, 2001, between the City and
the Owner; and
WHEREAS, the Owner has requested that the Board of Commissioners (the
"Board") of the Orono Housing and Redevelopment Authority (the "HRA") provide
additional financing to the Project in the form of tax increment financing; and
WHEREAS, the Board previously adopted the Development Plan for Housing
Project No. 1, established Tax Increment Financing District No. 1-1, and adopted the
Tax Increment Financing Plan therefor, (collectively, the "Plans"), all pursuant to and
in conformity with applicable law, including Minnesota Statutes, Sections 469.001
through 469.047, and Sections 469.174 to 469.179, inclusive, as amended (the "Act");
and
WHEREAS, forms of the following documents (including the exhibits referred
to therein) have been submitted to the Board:
(a) a Development Agreement (the "Development Agreement),
dated as of November 1, 2001, between the City, the HRA and the
Owner, pursuant to which the Owner agrees to construct the Project and
the HRA agrees to provide tax increment financing for the Project);
(b) a Ground Lease (the "Ground Lease"), dated as of November 1,
2001, between the HRA and the Owner, pursuant to which the HRA
agrees to lease the Development Property(as defined in the Ground
Lease) to the Owner for a period of 99 years; and
(c) a Tax Increment Financing Revenue Note, Series 2001 (the "TIF
Note") to be executed by the HRA in favor of the Owners;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF ORONO HOUSING AND REDEVELOPMENT
AUTHORITY:
1. Authorization of Documents Presented. The forms of the Development
Agreement, the Ground Lease and the TIF Note (collectively, the "Documents") are
approved, with such additions or modifications thereto and deletions therefrom as may
be approved by the Chair or the Secretary prior to the execution and delivery thereof,
such approval to be conclusively evidenced by the execution and delivery thereof by
the appropriate officers of the City.
2. Execution and Delivery of Bond Documents. The Chair and the
Secretary (or in their absence, the deputy or acting Chair or Secretary) are hereby
authorized in their discretion at such time, if any, as they may deem appropriate, to
execute and deliver the Documents in the name and on behalf of the HRA.
3. Certificates, etc. The Chair and the Secretary (or in their absence the
deputy or acting Chair or Secretary) are authorized in their discretion, at such time, if
any, as they may deem appropriate, to prepare and furnish to bond counsel and the
purchaser of the Bonds, when issued, certified copies of all proceedings and records
of the HRA relating to the Bonds, and such other affidavits and certificates as may be
required to show the facts appearing from the books and records in the officers'
custody and control or as otherwise known to them; and all such certified copies,
certificates and affidavits, including any heretofore furnished, shall constitute
representations of the HRA as to the truth of all statements contained therein.
4. Authorized Officers. The Documents and any other documents referred
to herein are authorized to be executed on behalf of the HRA by its Chair and its
Secretary; provided that in the event any of the officers of the HRA authorized to
execute documents on behalf of the HRA under this Resolution shall have resigned or
shall for any reason be unable to do so, the deputy or acting Chair or Secretary, is
hereby directed and authorized to do so on behalf of the HRA, with the same effect as
if executed by any officer specifically authorized to do so in the Indenture or this
Resolution.
5. Effective Date. Be It Further Resolved that this Resolution shall be in
full force and effect immediately from and after its passage.
Approved by the Board of Commissioners of the Orono Housing and
Redevelopment Authority on this 22nd day of October 2001.
jqdP47,
Chair , Barbara A. Peterson
ATTEST:
Secretary , Robilb ansevere
`/
/.•/7 t a- 4 V e
City Clerk, Linda S. Vee
MI 806939 01
.
RESOLUTION# 2001-03
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
CITY OF ORONO )
I, Linda S. Vee, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby
certify that I have compared the foregoing copy of a resolution of the Orono Housing and
Redevelopment Authority of the City of Orono with the original record of such resolution in the
Minutes of the proceedings of said HRA meeting held on October 22, 2001 , and that
the same is a true and correct copy of said resolution duly adopted by said City Council at said
meeting.
In Witness Whereof, I have hereunto set my hand and seal this 27th day of
November , 2001.
Linda S. Vee, City Clerk
(SEAL)