1995-759
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 95-759
AN ORDINANCE ESTABLISHING
HOUSING IMPROVEMENT AREA NO.1 (MEADOW CREEK)
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 under 1994 Minnesota Laws,
Chapter 587, Article 9, Sections 22 through 31 (the "Housing Improvement Act") to
establish by ordinance a housing improvement area within which housing improvements
are made or constructed and the costs of the improvements are 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 Improvement Act. .
1.03. The City has determined a need to establish Housing Improvement Area
No. 1 (Meadow Creek) as further defined herein, in order to facilitate certain
improvements to property known as the "Meadow Creek Condominiums," all in
accordance with the Housing Improvement Act.
1.04. The City has consulted with the Westbrooke Condominium Association,
d. b.a. Meadow Creek Condominiums and with residents in Housing Improvement Area
No. 1 regarding the establishment of Housing Improvement Area No. 1 and the
housing improvements to be constructed and financed under this ordinance.
Section 2. Findings. .
2.01. The Council finds that, in accordance with Section 23 of the Housing
Improvement Act, owners of at least 25 percent of the housing units within Housing
Improvement Area No. 1 have filed a petition with the City Clerk requesting a public
hearing regarding establishment of such housing improvement area.
2.02. The Council has on March 7, 1995 conducted a public hearing, duly
noticed in accordance with the Housing Improvement Act, regarding adoption of this
ordinance. at which all persons, including owners of property within Housing
Improvement Area No. : 1, were given an opportunity to be heard.
2.03. The Council finds that, without establishment of Housing Improvement
Area No.1, the Housing Improvements (as hereinafter defined) could not be made by
the condominium association for, or the housing unit owners in, the Meadow Creek
Condominiums. .
2.04. The Council further finds that desi~ation of Housing ImI?rovement
Areas No. 1 is needed to maintain and preserve the housing units withIn such area.
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Section 3. Housing Improvement Area Defined.
3.01. Housing Improvement Area No . 1 (Meadow Creek) is hereby defined as
the area of the City legally described as follows:
Condominium No. 0246, Westbrooke Condominium, Hennepin County,
Minnesota.
3.02. Housing Improvement Area No. 1 contains 536 housing units as of the
date of adoption of thIS ordinance, along with 182 garages and other common area.
Section 4. Housing Improvements Defined.
4.01. For the purposes of this ordinance and Housing Improvement Area No.1,
the term "Housing Improvements" shall mean the following improvements to housing
units, garages, and common areas within Housing Improvement Area No.1:
Rehabilitation of garages
Rebuilding of trash and recycling areas
Upgrading of building exteriors
Replacement of lighting fixtures
Installation of new signage
Parking lot repairs
Site Improvements
4.02. Housing Improvements shall also be deemed to include:
(a) all costs of architectural and engineering services in connection
with the activities described in Section 4.01;
(b) all administration, legal and consultant costs in connection with
Housing Improvement Area No.1; and
(c) costs of issuance of bonds to finance Housing Improvements under
the Housing Improvement Act, subject to the terms of Section 5.04 hereof.
Section 5. Housing Improvement Fee.
5.01. The City may, by resolution adopted in accordance with the petition, hearing
and notice procedures required under the Housing Improvement Act, impose a fee on
the housing units within Housing Improvement Area No.1, at a rate, term or amount
sufficient to produce revenues required to provide the Housing Improvements (hereinafter
referred to as the "Housing Improvement Fee "), subject to the terms and conditions set
forth in this Section.
5.02. Except as otherwise provided in Section 5.04 hereof, the Housing
Improvement Fee shall be imposed on the basis of each housing unit's Percent of
Undivided Interest in Common Elements, Votes and Facilities, as described in Exhibit A
to Condominium No. 246, Declaration for Condominium, Westbrooke Condominiums
dated as of October 22, 1981.
5.03. The Housing Improvement Fee shall be imposed and payable for a period
no greater than 16 years after the first installment is due and payable.
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5.04. The Housing Improvement Fee shall be prepayable in full by housing
unit owners within 30 days after the effective date of the resolution setting the
Housing Improvement Fee, after which 30-day period the Housing Improvement Fee
shall not be prepayable. If the Housing Improvement Fee is prepaid, the fee will be
reduced by a credit, specified in the resolution setting the Housing Improvement Fee,
representing the amount necessary to pay costs of issuance of bonds to be issued
under Section 6 hereof. Such credit shall be a uniform dollar amount per housing unit
determined through consultation with the City's financial advisor.
5.05. The resolution imposing the Housing Improvement Fee may provide that
any fee not prepaid by the housing unit owner shall be deemed to include interest on
unpaid Housing Improvements costs at a rate that will produce total fee revenue
collected from all units in Housing Improvement Area No. 1 in an amount that equals
105 percent of the debt service payable each year on the bonds to be issued under
Section 6 hereof.
5.06. The Housing Improvement Fee shall be collected at the same time and in
the same manner as provided for payment and collection of ad valorem taxes, in
accordance with Section 26 of the Housing Improvement Act and Minnesota Statutes,
Section 428A.05. As set forth in Section 26 of the Housing Improvement Act, the
Housing Improvement Fee is not included in the calculation of levies or limits on
levies imposed under any law or charter.
5.07. The Housing Improvement Fee shall not exceed the amount specified in the
notice of public hearing regarding the approval of such fee; provided, however, that the
Housing Improvement Fee may be reduced after approval of the resolution setting: the
Housing Improvement Fee, in the manner specified in such resolution.
Section 6. Issuance of Bonds.
6.01. At any time after a contract with Westbrooke Condominium Association,
d.b.a. Meadow Creek Condominiums for construction of all or part of the Housing
Improvements has been entered into or the work has been ordered, and the 30-day
period for prepayment of the Housing Improvement Fee has expired as described in
Section 5.04 hereof, the Council may issue bonds in the principal amount necessary to
finance the cost of the Housing Improvements 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 7. Annual Reports.
7.01. On August 15, 1995 and each August 15 thereafter until there are no
longer any outstanding bonds (including refunding bonds) issued under the Housing
Improvement Act in connection with Housing Improvement Area No.1, the
Westbrooke Condominium Association, d.b.a. Meadow Creek Condominiums (and any
successor in interest) shall submit to the City Clerk a copy of the condominium
association t s audited financial statements.
7.02. Westbrooke Condominium Association, d.b.a. Meadow Creek
Condominiums (and any successor in interest) shall also submit to the City any other
reports or information at the times and as required by any contract entered into
between that entity and the City.
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Section 8. Notice of Right to. File Objections.
8.01. Within five days after the adoption of this ordinance, the City Clerk is
authorized and directed to mail to the owner of each housing unit in Housing
Improvement Area No.1: a summary of this ordinance; notice that owners subject to
the proposed Housing Improvement Fee have a right to veto this ordinance if owners of
at least 35 percent of the housing units within Housing Improvement Area No. 1 file an
objection with the City Clerk before the effective date of this ordinance; and notice that
a copy of this ordinance is on file with the City Clerk for public inspection.
Section 9. Amendment.
9.01. This ordinance may be amended by the Council upon compliance with the
public hearing and notice requirements set forth in Section 24 of the Housing
Improvement Act.
Section 10. Effective Date.
10.1. This ordinance shall be effective 45 days after adoption hereof, or 20 days
after the date of publication of this ordinance, whichever is later.
First read at a regular meeting of the Council of the City of Hopkins held on
March 7, 1995, and finally read, aI>proved and adopted and ordered published at a
regular meeting of said Council onHarch 21 ,1995.
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Mayor . ~
Approved as to form:
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CZity Atto y
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