HomeMy WebLinkAboutOrdinance - 32-2002 - Defining the Terms "Persons or Families of Moderate Income" - 11/12/2002 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO. 32-2002
PURSUANT TO AUTHORITY GRANTED BY M.S. § 469.174, SUBDIVISION 11, AN
ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, DEFINING THE
TERMS "PERSONS OR FAMILIES OF MODERATE INCOME" AS THOSE TERMS
ARE USED IN SUBDIVISION 11 DEFINING"HOUSING DISTRICTS."
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. Findings and Declaration of Policy
A. The State of Minnesota has found and declared that (i) as a result of, among others, "the
inability of private enterprise and investment to produce without public assistance a
sufficient supply of decent, safe and sanitary residential dwellings at prices and rentals
which persons and families of low and moderate income can afford, there exists within
the State of Minnesota a serious shortage of decent, safe and sanitary housing at prices or
rentals within the means of persons and families of low and moderate income."; (ii) the
"shortage of housing for low and moderate income families is inimical to the safety,
health, morals and welfare of the residents of the state and the sound growth and
development of its communities"; (iii) an adequate supply of a variety of housing types
serving persons and families of all income levels and properly planned and related to
public transportation, facilities and utilities, sources of employment and service is
essential to the orderly growth and prosperity of the state and its communities; (iv) that it
is a valid public purpose to construct housing for low and moderate income families who
would be unable to obtain adequate housing at prices or rentals they could afford and to
prevent substandard housing conditions by housing persons of varied economic means
and a wide range of incomes in the same developments, properly planned and related to
public facilities and sources of employment and services.
B. The Council adopts the findings of the State of Minnesota and further finds these
conditions to exist and prevail within the City and finds and declares it is a public
purpose to assist in the construction of housing for low and moderate income families
who would otherwise be unable to obtain adequate housing at prices or rentals they could
afford and to prevent substandard housing conditions by housing persons of varied
economic means and a wide range of incomes in the same developments, properly
planned and related to public facilities and sources of employment and services.
C. The purpose of this ordinance is to alleviate these conditions and thereby provide housing
at prices or rentals within the means of persons and families of low and moderate income
in economically integrated developments. One of the means to do so is to make available
public assistance in the form of tax increment financing (M.S. § § 469.174-469.179, the
"Act") for a project or projects constituting a housing district as provided by the Act.
M.S. Section 469.1761 requires that for a tax increment financing district to qualify as a
housing district, the income limitations provided in the section must be satisfied. A
property must satisfy the income requirements for a qualified residential rental project as
defined in § 142(d) of the Internal Revenue Code (26 USC A § 142(d). That section
includes as a qualified residential rental project, one in which 20% or more of the
residential units in the project are occupied by individuals whose income is 50% or less
of area median gross income. In addition to the requirement contained in M.S. §
469.1761 M.S. § 469.174, Subd. 11 states that a housing district consists of a project
intended for occupancy in part by persons or families of low and moderate income as
defined in specified federal statutes and "any other similar present or future municipal
legislation."Subdivision 11 further states that a district does not qualify as a housing
district 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% of the total fair market value of the planned improvements. In order to
achieve the goals of the public policies and purposes set forth above, it is the purpose of
this ordinance to define the terms "persons or families of moderate income" as used in
M.S. § 469.174, Subd. 11.
Section 2. Definition of"Persons or Families of Moderate Income"
The terms "persons or families of moderate income" as used in M.S. § 469.174, Subd. 11 are
defined pursuant to the authority delegated in Subdivision 11, as - persons or families whose
incomes do not exceed 125% of the median income as determined by the United States
Department of Housing and Urban Development for the Minneapolis/St. Paul Metropolitan Area.
Section 3.
This ordinance shall become effective from and after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
12th day of November, 2002, and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 12th day of November, 2002.
ewm=2 PA&
Kathleen Porta, City Clerk N cy a-L ns, 96y6r
PUBLISHED in the Eden Prairie News on the cl Aday ofN!Y=tXhXL,) ,2002.
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,NIINNESOTA
SUMMARY OF ORDINANCE NO. 32-2002
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,PURSUANT TO
AUTHORITY GRANTED BY M.S. §469.174,SUBDIVISION 11,DEFINING THE
TERMS "PERSONS OR FAMILIES OF MODERATE INCOME"AS THOSE TERMS
ARE USED IN SUBDIVISION 11 DEFINING"HOUSING DISTRICTS."
The following is only a summary of Ordinance No. 32-2002. The full text is available for public
inspection by any person during regular office hours at the office of the City Clerk.
The purpose of the ordinance is to define the terms "persons or families of moderate income" as
used in M.S. § 469.174, Subd 11 as persons or families whose incomes do not exceed 125% of
the median income as determined by the United States Department of Housing and Urban
Development for the Minneapolis/St. Paul Metropolitan Area.
Effective Date: This Ordinance shall take effect upon publication
ATTEST:
Kathleen Porta, City Clerk N c yra- s ayor
PUBLISHED in the Eden Prairie News on
Affidavit of Publication
Southwest Suburban Publishing
State of Minnesota )
)SS.
County of Hennepin )
Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
CITY OF EDEN PRAIRIE as follows:
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE (A)This newspaper has complied with the requirements constituting qualification as a legal
i NO. 32-2002 newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
AN ORDINANCE OF THE CITY amended.
OF EDEN PRAIRIE, MINNESOTA,
PURSUANT TO AUTHORITY (B)The printed public notice that is attached to this Affidavit and identified as No.t,'
GRANTED BY M.S. § 469.174, was published on the date or dates and in the newspaper stated in the attached Notice and said
SUBDIVISION 11, DEFINING THE Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
TERMS"PERSONS OR FAMILIES OF the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
MODERATE INCOME" AS THOSE inclusive,and is hereby acknowledged as being the kind and pN of type used in the composiY. n
TERMS ARE USED IN SUBDIVISION and publication of the Notice;
11 DEFINING "HOUSING
DISTRICTS.. abcdefghijklmnopgrstuvw y
The following is only a summary of
Ordinance No.32-2002. The full text is
available for public inspection by any By:
person during regular office hours at the
office of the City Clerk. Stan Rolfsrud,Gener Manager
The purpose of the ordinance is to or his designated agent
define the terms"persons or families of
moderate income" as used in M.S. § Subscribed and sworn before me on
469.174, Subd 11 as persons or families
whose incomes do not exceed 125%ofthe
medianincpomeasdeterminedbytheUnited ��Y /' �dIG�J�,i/���!
States Department of Housingand Urban this da of 2002
DevelopmentfortheMinneapolis/St.Paul
Metropolitan Area. GWEN M.RApUENZ
Effective Date: This Ordinance shall
take effect upon publication 1411. NOTA FYAUBUC MfNNF.SO20Nancy Tyra-Lukns, Mayor � ���Y�mmission Expires dan.. 2a05
ATTEST:
Notary Public
Kathleen Porta,City Clerk
(Afull copy ofthe text ofthisOrdinance
is available from City Clerk,)
(Published in the Eden Prairie News on
Thursday,November2l,2002;No.3028)
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$20.00 per column inch
Maximum rate allowed by law for the above matter................................$20.00 per column inch
Rate actually charged for the above matter.................................................$10.23 per column inch