CR 99-14 Ordinance 99-824 Amending Ordinance 97-796 Creating Housing Improvement Area 2- Westbrooke Patio Homes
CITY Or:
- Council Rpt #99-014
January 13, 1999 HOPKINS
e ORDINANCE 99-824 AMENDING ORDINANCE NO. 97-796 CREATING HOUSING
IMPROVEMENT AREA NO.2 - WESTBROOKE PATIO HOMES
ProDosed Action
Following the public hearing, staff recommends approval of the following motion: Approve first reading
of Ordinance No.99-824 amending Ordinance No, 97-796 establishing Housing Improvement Area NO.2
- Westbrooke Patio Homes,
With this motion, staffwill schedule Ordinance 99-824 for a second reading on February 2, 1999.
Overview
The City of Hopkins has the authority to establish housing improvement areas under the Housing
Improvement Act (1994 Minnesota Laws, Chapter 587, Article 9, Sections 22 through 31).
Within a housing improvement area, the City can sell bonds to pay for various improvements to
individual housing units and common areas, Those bonds are then repaid through fees imposed on the
owners of the units.
In 1997, the City of Hopkins created a Housing Improvement Area for the Westbrooke Patio Homes and
financed a $2.3 million improvement project. This project, considered phase I of a two-phase capitol
improvement project, involved redesigning and replacing the roofs, insulating and constructing draft stops
in the attics. The Westbrooke Patio Homes Board of Directors has identified the phase II improvements
proposed again to be financed through a housing improvement area and has held a series of informational
. owner meetings. In November 1998, the Association members voted on the proposed program and in
December submitted the required petitions to hold a public hearing regarding setting fees for the proposed
project. Petitions were signed by more than 37 percent of the owners.
The first step in providing financing to the Westbrooke Patio Homes is amending the Ordinance which
established Housing Improvement Area No.2, to include an updated list of improvements. This requires
a public hearing and the adoption of an ordinance. The next step is a public hearing on the proposed fees
for the area and the adoption of a resolution setting the fees. Both of these actions can be stopped if
vetoes are filed by at least 35 percent of the owners.
Primary Issues to Consider
The housing improvement area for the Westbrooke Patio Homes has already been established. However,
in order to finance additional improvements, the ordinance that established the area must be amended to
include a current list of improvements to be undertaken. Also, there has been some discussion regarding
the length of the prepayment period and the possibility of extending the period from 30 to 90 days. The
ordinance has been amended to allow staff to continue to research this issue.
A detailed description of the project including the costs of the improvements and the proposed fee to be
charged to owners will be discussed at the February 16, 1999, City Council meeting.
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CITY OF HOPKINS
". ORDINANCE NO. 99-824
AN ORDINANCE AMENDING ORDINANCE NO.97-796
RELATED TO HOUSING IMPROVEMENT AREA NO.2,
PURSUANT TO 1994 MINNESOTA LAWS,
CHAPTER 587, ARTICLE 9, SECTIONS 22 THROUGH 31
BE IT ORDAINED by the Council of the City of Hopkins as follows:
Section 1. Recitals.
1.01. The City of Hopkins ("City") is authorized undcr 1994 Minnesota Laws, Chapter 587,
Articlc 9, Sections 22 through 31 (the "Housing hnprovement Act") to establish by ordinance a
housing improvement area within which housing improvements are made or constructed and thc
costs of the improvements arc paid in whole or in part from fees imposed within the area.
1.02. By Resolution No. 94-55 adopted June 7, 1994, the Council approved the Housing
1m provement Act.
un. By Ordinance No. 97-796 (the "Enabling Ordinance") approved February 4, 1997, the
. City establish Housing hnprovement Area NO.2 consisting of the property described in Exhibit A
hereto, in order to facilitate certain improvements to property known as the "Westbrooke Patio
Homes," all in accordance with the Housing hnprovemcnt Act.
1.04. The City is authorized to amend the Enabling Ordinance upon compliance with the
public hearing and notice requirements set forth in Section 24 of the Housing hnprovement Act.
1.05. The City has consultcd with the Westbrooke Patio Homcs Association, Inc. and with
residents in Housing Improvement Area No. 2 regarding thc modification of the Enabling
Ordinancc in connection with certain Phase II housing improvements to be constructed and
financed Wlder the Enabling Ordinance.
1.06. The Council has on January 19, 1999 conducted a public hearing, duly noticed in
accordance with the Housing hnprovement Act, regarding adoption of this amendment to the
Enabling Ordinance at which all persons, including owners of property within Housing
Improvement Area No.2, wcrc givcn an opportunity to be heard.
Section 2. Enabling Ordinance Amended.
2.01. Section 4.01 of the Enabling Ordinance is modified as follows (additions underlined,
deletions shown as strike-out):
4.01. For the purposes of this ordinance and Housing Improvement Area No.2, the
. term "Housing Improvements" shall mean the following improvements to housing units,
garages, and common areas within Housing Improvement Area NO.2:
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Phase One:
.. Replace roofs, including gable areas, on 40 buildings
Extend soffits on main buildings
Remove tireplace chimney housings and add rain collars
Install gutters and downspouts
Install draft walls in attics, insulate, and reroute exhaust vents
Replace flat roofs on garage buildings
Phase Two:
Bulldinb exteriors
Driyeway nnd pnrldng improvements
Street and drive replacement, including parking
Curb, guttcr and concrete
Drainage and utility, including storm drains, rctaining wall reolacement, silt fencing,
sanitary sewer work
Landscaping rcpairs and corrections
Building exteriors: residing
Fencing, including privacy and oatio fences, deck railings
Reolace gas meter bollards
Furnace duct chasing modifications
Contingency. including wall reoairs. insulation and sheathing
. 2.02. Section 5.04 of the Enabling Ordinance is modified as follows (additions underlined,
deletions shown as strike out):
5.04. Any Housing Improvement Fee shall be prepayable in full or in part by
housing unit owners within 30 days after the effective date of the resolution setting the
Housing Improvement Fee, or such greater period specified in the fee resolution, provided
that if only a portion is prepaid, the prepayment amount must be at least 25% of the total fee
for that unit. After such 30 day prepayment period the Housing Improvement Fee (or
unpaid portion thereoO shall not be prepayable.
2.03. Section 6.01 of the Enabling Ordinance is modified as follows (additions underlined,
deletions shown as strike out):
6.01. At any timc aftcr a contract with Westbrooke Patio Homes Association, Inc.
for construction of all or part of the Housing Improvements has been entered into or the
work has been ordcred, and the 30 day period for prepayment of the Housing Improvement
Fee prepayment period has expircd as described in Section 5.04 hereof, the Council may
issue bonds in the principal amount necessary to finance the cost of the Housing
hnprovemcnts that have not been prepaid together with costs of issuance of the bonds.
Such bonds shall be issued pursuant to and in accordance with Section 27 of the Housing
Improvement Act
Section 3. Notice of Right to File Objections. Within five days after the adoption of this
. amendment to the Enabling Ordinance, the City Clerk is authorized and directed to mail to the
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-. owner of each housing unit in Housing Improvement Area No.2: a summary of this ordinance
amendment; notice that owners subject to the proposed Housing Improvement Fce in connection
with Phase IT of the Housing Improvements have a right to veto this amendment to the Enabling
Ordinance if owners of at least 35 percent of thc housing units within Housing Improvement Area
No.2 file an objection with the City Clerk before the elIective date of this ordinance; and notice
that a copy of this ordinance is on me with the City Clerk for public inspection.
Section 4. Ordinancc in effect. The Enabling Ordinance remains in effect and is not
modified except as expressly provided herein.
Section 5. Effective Date. This amendment to the Enabling Ordinance shall be etIective 45
days after adoption hereof, or 20 days aftcr the date of publication of this ordinance, whichever is
] ater.
First read at a regular mceting of the Council of the City of Hopkins held on January 19,
1999, and fmally read, approved and adopted and ordercd published at a regular meeting of said
Council on February 2, 1999.
City Clerk Mayor
Approved as to form:
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City Attorney
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EXHffiIT A
.. Description of Housing Improvement Area No.2
Lots 2 through 181, inclusive, Block 1 and Lots 2 through 331, inclusive, Westbrooke Patio
Homes, according to the recorded plat thereof, Hennepin County, Minnesota
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