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CR 94-105 RASL - Westbrooke Residential , ~ 1 Y \ 0 V '" t!'! e 1- <:> . June 1, 1994 o P K \ ~ Council Rpt #94-105 RESOLUTION APPROVING OF SPECIAL LAW - WESTBROOKE RESIDENTIAL SERVICE DISTRICT ProDosed Action Staff recommends approval of the following motion: Adopt resolution number 94-55 approving the special law for the City of Hopkins as recorded in Chapter 587, Article 9. Section 22 With this motion, the Certificate of Approval of Special Law will be completed and forwarded to the Secretary of State. Overview Prior to the start of the 1994 Legislative Session, the Hopkins City Council authorized staff to seek special legislation that would allow the City to create Residential Service Districts, primarily as a financing tool for the Westbrooke Patio Homes and Meadow Creek Condominiums. . The City was successful in obtaining this special legislation. As a requirement, the City must now approve of the legislation through the execution of a Certificate of Approval of Special Law, Once the Certificate of Approval is forwarded to the Secretary of State, the City may begin the implementation of the legislation. Primary Issues to Consider o What is the impact of accepting the Special Law? o What is the process for implementing a Residential Service District? Supportine: Information o Resolution 94-55 --- "'-~-~ / I i' , . Ji / ~. G / kill S (A~/itt'JVL___ .'Kersren ElveruIlJ.- . Hopsing Coordi~ator \ . Special Law Council Rpt. 94-105 Page 2 Analvsis of the Issues o What is the impact of accepting the Special Law? With local acceptance of the Special Law, the City of Hopkins is permitted to create Residential Service Districts within the City. Through the creation of the districts and the subsequent taxing authority, the City has the ability to finance improvements or additional services to a particular area, with the consent of the majority of the owners within the area. The special legislation was proposed to meet a need in the Westbrooke neighborhood for financing for common area improvements, The law, however, does not limit our use of this tool in other areas of the City. o What is the process for implementing a Residential Service District? One of the first steps in establishing a residential service district will be to form an Advisory Board comprised of owners of property in the area to be affected. The Advisory Board will have . many responsibilities throughout the process, beginning with identifying the needed improvements and their estimated costs, gathering support and submitting the required petition to the City requesting a public hearing on the creation of a district. The petition must be signed by a minimum of25% of the owners and must identify the area and the proposed improvements. After the public hearing on the creation of the district, the owners have the ability to stop the process if35% or more of the owners veto the district. If not vetoed, the district is established. The Advisory Board must then obtain firm bids on the proposed improvements. A second petition must then be submitted requesting the City to establish the fees to be charged to each unit. Similarly, the petition must be submitted by a minimum of25% of the owners and can be vetoed by 35% of the property owners after a public hearing on the fees. Once the fees are adopted, bonds are sold to finance the construction. The Advisory Board must then work with the General Contractor or Project Manager to monitor construction, authorize payments, etc... It is anticipated that actual construction will not happen until Spring of 1995, Alternatives The Council has the following alternatives regarding this issue: . o Adopt Resolution #94-55 as recommended by staff o Decide not to approve the special law - - ~ . CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA RESOLUTION NO. 94-55 RESOLUTION APPROVING OF SPECIAL LAW AS RECORDED IN THE LAWS OF MINNESOTA, CHAPTER 587, ARTICLE 9, SECTION 22 WHEREAS, the Hopkins City Council unanimously passed Resolution 94-5 in support of special legislation for the Westbrooke neighborhood of Hopkins, 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 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 approve of the special law in order to provide this assistance. NOW THEREFORE BE IT RESOL \lED, that the City Council ofthe City of Hopkins hereby approves the special law as recorded in the Laws of Minnesota, Chapter 587, Article 9, Section 22. Adopted by the City Council of the City ofBopkins this 14th day of June, 1994. By Charles D. Redepenning, Mayor Attest: Jim GeneIlie, City Clerk .