CR 94-08 Resolution Support - Special Legislation Westbrooke
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December 28, 1993 o P K \ ~ Council Rpt. #94-8
RESOLUTION OF SUPPORT - SPECIAL LEGISLATION FOR WESTBROOKE
NEIGHBORHOOD
Proposed Action
Staff recommends approval of the following motion: Adopt resolution 94-5 in support of special
legislation for the Westbrooke neighborhood of Hopkins.
With this motion the resolution will be used by City staff to document support for the proposed
special legislation.
Overview
Staff has looked at various alternative methods of financing the needed improvements of the
Westbrooke neighborhood in response to a request from the various owner associations. The
most logical and secure alternative identified to date involves the issuance of General Obligation
. Bonds. The bonds would be secured by an assessment against the benefiting property or by a tax
levy on the entire benefiting district. In order to implement this alternative, special legislation
must be given to the City of Hopkins. Staff discussed this alternative with the Council at the
November 16, 1993 HRA meeting.
The Meadow Creek Condominiums and the Westbrooke Patio Homes association boards have
adopted resolutions of support for the proposed special legislation. There will also be a meeting
of all owners in mid January to determine their overall support for the legislation. If it appears
that the majority of the owners support with the proposed financing, Representative Kelley has
indicated that he would sponsor the legislation, City staffwi11 also be meeting with Senator
Mondale to determine his support.
The resolution confirms the City of Hopkins support for the proposed special legislation and
formalizes the City's intentions regarding the legislation. It does not, however, commit the City to
implementing the residential service district or special assessment authority.
Supportine Information
o Resolution 94-5
o Draft of proposed special legislation
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION NO. 94-5
RESOLUTION OF SUPPORT FOR SPECIAL LEGISLATION FOR THE
WESTBROOKE NEIGHBORHOOD OF HOPKINS
WHEREAS, the Westbrooke neighborhood of Hopkins is comprised of 1,296 units of
condominiums and patio homes, representing 13% of the City's housing stock, and
WHEREAS, the neighborhood is approximately 20 years old and is in need of rehabilitation to
remain a stable and viable neighborhood, and
WHEREAS, the City Council has determined that assisting the neighborhood is a priority of the
City, and
. WHEREAS, the City Council desires to assist the owners of the neighborhood by financing the
needed improvements through the creation of a residential service district or by a special
assessment, and
WHEREAS, the City must secure special legislation in order to use General Obligation Bonds to
finance the improvements and assess the costs or create a residential service district.
NOW THEREFORE BE IT RESOLVED, that the City Council ofthe City of Hopkins hereby
supports the proposed special legislation for the Westbrooke neighborhood of Hopkins.
Adopted by the City Council of the City of Hopkins this 4th day of January, 1994.
By
Charles D. Redepenning, Mayor
Attest:
Jim Genellie, City Clerk
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A bill for an act
Section 1. Hookins Hou~lng lmorovement Area: Definitions
Subd. 1. Applicability. As used in sections one to ~ ' the terms defined in
thIs section have the meaning given them.
Subd. 2. City. "City" means the City of Hopkins.
Subd.3. Housing Improvements. Housing improvements has the meaning
given in the city's enabling ordinance. Housing improvements may also mean
Improvements to common elements of a condominium.
Subd. 4. Housing Improvement Area. Housing improvement area means
a defines area within the city where housing improvements are rendered and the costs
of the improvements are paId in whole or in part from fees imposed within the area.
Section 2. Petition RecuirE(ld
No action may be taken under section 3 and 4 unless owners of 25 percent or
more of the housing units that would be subject to fees in the proposed area file a petition
requestIng a public hearing on the proposed action with the city clerk, No action may be
. taken under section 4 to Impose a fee unless owners of 25 percent or more of the
property owners subject to the proposed tee tHe a petition requesting a public hearing on
the proposed fee with the city clerk.
History: 1988 c 719 art 5 s 84; art 14 s 8; 1989 c 329 art 13 s 20
Section 3. Establishment of HOlJsing Improv~ment Area
Subd. 1. OrdInance. The governing body ofthe city may adopt an ordinance
establishing a housing improvement area, The ordinance shall describe the portion of the
city to be included in the area. The ordinance may not be adopted until a public hearing
has been held on the question.
Subd. 2. Public Hearing. The notice of public hearing shall include the time
and place of hearing, a map showing the boundaries of the proposed area, and a
statement that all persons owning property in the proposed area that would be subject
to a fee for improvements will be given an opportunity to be heard at the hearing. Notice
of the hearing must be given by publication in the official newspaper of the oity. The
public hearing must be held at least seven days after the publication, Not less than ten
days before the hearing, notice must also be mailed to the owner of each housing unit
within the proposed area. For the purpose of giving mailed notioe, owners are those
shown on the records of the county auditor Other records may be used to supply the .
necessary information, At the public hearing a person affected by the proposed area may
testify on any Issues relevant to the proposed area. The hearing may be adjourned from
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time to time and the ordinance establishing the area may be adopted at any time wIthin
six months after the date of the conclusion of the hearing by a vote of the majority of the
governing body of the city.
Subd. 3. Proposed Improvements. At the public hearing herd pursuant to
subdivision 2, the city shall provide a prelimInary listing of the improvements to be made
in the area. The listing must Identify those Improvements. if any, that are proposed to be
made to all or a portion of the common elements of a condominium. In preparing the list
the city shall consult with the residents of the area and, if any, condominium associations.
The listing of improvements shell Indicate what Improvements will benefit all housing units
in the area and which improvements will benefit specific housing unIts.
Subd. 4. Benefit; objection. Before the ordinance Is adopted or at the
hearing at which it is to be adopted, any affected owner of a housing unit may file a
written objection With the city clerk asserting that the owner's property should not be
included in the area or should not be subjected to a fee and objecting to:
(1) the inclusion of the housing unit in the area, for the reason that the property
would not benefit from the improvements
(2) the proposed improvements, in whole or In part. have been completed by
the housing unit owner
. The governing body shall make a determination on the Objection within 30 days of its
filing. Pending its determination, the governing body may delay adoption of the ordinance
or it may adopt the ordinance with a reservation that the landowner's property may be
excluded from the area or are fee when the determination is made.
Subd.5. Appeal to district court. Within 30 days after the determinatIon of
the objection, any person aggrieved, who is not precluded by failure to object before or
at the hearing, or whose failure to object is due to a reasonable cause, may appeal to the
district court by serving a notice upon the mayor or city clerk. The notice shall be filed
with the court administrator of the district court within ten days atter its service. The city
clerk shall furnish the appellant a certified copy of the findings and determination of the
governing body. The court may affirm the action objected to or, if the appellant's
objections have merit, modify or cancel it. If the appellant does not prevail upon the
appeal, the costs incurred shall be taxed to the appellant by the court and judgement
entered for them. All objections shall be deemed waived unless presented on appeal.
Section 4. Improvement Fees AuthQrity Notice and Hearing
Subd. 1. Housing, Fees may be imposed by the city on benefitting property
within the improvement area, Before the imposition of the fees, a hearing must be held
and notice must be published In the official newspaper at least seven days bafore the
hearing and must be mailed to any housing unit owner subject to a fee. For purposes
of thIs seotion, the notice shall also include:
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. (1 ) a statement that all interested persons will be given an opportunity to be
heard at the hearing regarding a proposed service fee:
(2) the estimated cost of improvements to be paid for in whole or in part by the
fee imposed under this section,
(3) the amount to be charged against the particular property
(4) the right of the property owner to prepay the entire fee
(5) the time within which prepayment may be made without interest
(6) the rate of interest to be accrued if the fee is not prepaid within the required
time period
(7) a statement that the petition requirements of Section 2 have either been met
or do not apply to the proposed fee
Within six month of the public hearing, the city may adopt a resolution Imposing
a fee within the area not exceeding the amount expressed in the notice Issued under this
section.
Subd. 2. Levy limit. Fees imposed under this section are not included in the
calculation of levIes or limits on levies imposed under law or charter.
Section 4. Collection of Fees: Special Assessment
. The city may provide for the collection of unpaid fees as a special assessment
against the benefitted property. The assessment may be paid in a single installment, or
by up to ten annual installments. The council may adopt regulations governing the
collection of fees and for the collection from the housing unit owner before unpaid fees
are made a special assessment.
Section 5. G.ity Participation
The city may issue bonds to finance improvements identified by the council in the
ordinance. If bonds are issued, the bonds must be issued in accordance with section 6.
The city may also but is not limited to arranging for housing improvements through
housing rehabilitation programs authorized by section 469, providing security for an
obligation to provide improvements to common elements and issuing bonds authorized
by section 474A.
Section S. ~-
The obligations are payable primarily out of the proceeds of the fees imposed
under section 4, or from any other special assessments on nontax revenues available to
be pledged for their payment under charter or statutory authority, or from two or more
of those sources. The governing body may, be resolution adopted prior to the sale of
obligations pledge the full faith, oredit, and taxing power of the city to assure payment of
the principal f;lnd interest if the proceeds of the fees in the area are insufficient to pay the
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. principal and interest. The obligations must be issued in accordance with chapter 475,
except that an election is not required, and the amount of the obligations need not be
Included in determined the net debt of the city under the provisions of any law or charter
limited debt.
Section 8. AQvlsory Board
The governing body of the city may create and appoint an advisory board for the
housing improvement area in the city to advise the governing bOdy in connection with the
planning and construction of improvements. The advisory board shall make
recommendations to the governing body to provide improvements or impose fees within
the district, the advisory board of the district shall have an opportunity to review and
comment upon the proposal.
Section 9. Veto Power of Owners.
Subd..1. Notice of right to file objections. The effective date of any ordinance
or resolution adopted under sections 3 to 4 must be at least 45 days after it is adopted.
Within five days after adoption of the ordinance or resolution. a summary of the ordinance
. or resolutIon must be mailed to the owner of each housing unit included in the housing
improvement area. The mailing must include a notice that owners subject to a fee have
a right to veto the ordinance or resolution by filing the required number of objections with
the city clerk before the effective date of the ordinance or resolution and that a copy of
the ordinance or resolution is on file with the cIty clerk for public inspection.
Subd. 2. Requirements for veto. If owners of 35 percent or more of the housing
units in the area Subject to the fee file an objection to the ordinance adopted by the city
under section 3 with the city clerk before the effective date of the ordinance, the
ordinance does not become effective. If owners of 35 percent or more of the housing
units capacity subject to the fee under section 4 with the city clerk before the effective
date of the resolution, the resolution does not become effective.
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