1999-824C ~~ Ho~x~Ns
ORDINANCE N0.99-824
AN ORDINANCE AMENDING ORDINANCE N0.97-796
RELATED TO HOUSING IMPROVEMENT AREA N0.2 ,
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 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. By Ordinance No. 97-796 (the "Enabling Ordinance") approved February 4, 1997, the
City establish Housing Improvement 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 Improvement 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 Improvement Act
1.05. The City has consulted with the Westbrooke Patio Homes Association, Tnc. and with
residents in Housing Improvement Area No. 2 regarding the modification of the Enabling
Ordinance in connection with certain Fhase II housing improvements to be constructed and
financed under the Enabling Ordinance.
1.06. The Council has on January 19, 1999 conducted a public hearing, duly noticed in
accordance with the Housing Improvement Act, regarding adoption of this amendment to the
Enabling Ordinance at which all persons, including owners of property within Housing
Improvement Area No. 2, were given an opportunity to be heard.
Section 2. Enabling_Ordinance Amended.
2.01. Section 4.01 of the Enabling Ordnance 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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Phases:
Replace roofs, including gable areas, on 40 buildings
Extend soffits on main buildings
Remove fireplace 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:
Street and drive replacement, including_parking
Curb, gutter and concrete
Drainage and utility, .including storm drains, retaining wall replacement. sift fencing_
sanitary sewer work
Land~capin,~repairs and corrections
Building, exteriors:, residing
Fencing, includin~g,priyac~and ~iatio fences, deck railings
Replace~as meter bollards
Furnace duct chasingmodifications
Contingency. including wall repairs. 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°10 of the total fee
for that unit. After such ~A-~} prepayment period the Housing Improvement Fee (or
unpaid portion thereof} 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 tune after 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 ordered, and the Housing Improvement
Fee prepayment period has explored 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 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 l Tousing Improvement Afea iVo. 2: a summary of this ordinance
_ amendment; notice that owners subject to the proposed l-iousing Improvement Fee in connection
with Phase II of the Housing Improvements have a right to veto this amendment to the Enabling
Ordinance if owners of at least 35 percent of the housing units within Housing Improvement Area
No. 2 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 4. Ordinance 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 effective 45
days after adoption hereof, or 20 days after the date of publication of this ordinance, whichever is
later.
a First read at a regular meeting of the Council of the City of Hopkins held on January 19,
1999, and finally read, ved and adopted and ordered published at a regular meeting of said
_ Co n February ~, 99
~_
City Cle ~ 1Vlayor
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EXHIBIT A
Description of Housing Improvement Area No. 2
Lots 2 through 181, inclusive, flock 1 and Lots 2 through 331, inclusive, Westbrooke Patio
Homes, according to the recorded flat thereof, Hennepin County, Minnesota.
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