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HomeMy WebLinkAbout2231-02 - ADMIN Ordinance - City Council - 2002/11/04• • ORDINANCE NO. 2231-02 AN ORDINANCE ESTABLISHING THE CEDAR TRAILS HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, CHAPTER 428A.11 to 428A.21. BE IT ORDAINED by the Council of the City of St Louis Park as follows. Section 1 Recitals. 1 01. The City of St Louis Park ("City") is authonzed under Minnesota Statutes, Chapter 428A 11 to 428A.21 (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. The St. Louis Park City Council ("Council") adopted a Housing Improvement Area policy on July 16, 2001 1.03. The City has determined a need to establish the Cedar Trails Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Cedar Trails Condominiums" all in accordance with the Housing Improvement Area policy. 1.04. The City has consulted with the Cedar Trails Condominium Association (the "Condominium Association") and with residents in the Cedar Trails Housing Improvement Area regarding the establishment of the Cedar Trails Housing Improvement Area 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 428A 12, owners of at least 25 percent of the housing units within the Cedar Trails Housing Improvement Area have filed a petition with the City Clerk requesting a public heanng regarding establishment of such housing improvement area. 2.02. The Council has on October 7, 2002 conducted a public heanng, duly noticed in accordance with the Ch. 428A.13, regarding adoption of this ordinance at which all persons, including owners of property within the Cedar Trails Housing Improvement Area, were given an opportunity to be heard 2 03. The Council finds that, without establishment of the Cedar Trails Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the condominium association for, or the housing unit owners in, the Cedar Trails Condominium Association. 2.04. The Council further finds that designation of the Cedar Trails Housing Improvement Area is needed to maintain and preserve the housing units within such area Ill2 05 The City will be the implementing entity for the Cedar Trails Housing Improvement Area and the improvement fee Ordinance No. 2231-02 -2- 2.06 The Council finds that the Cedar Trails Housing Improvement Area meets each of the approval cntena contained in the Housing Improvement Area Policy (the cntena are listed as 5 O1A- 5.O1M), including the cntenon that a majority of the condominium association owners support the project and the Housing Improvement Area financing. The Condominium Association presented evidence to the Council adequate to demonstrate that these cntena.were met, including. presentation to the Council of the petitions descnbed in 2.01 above. Section 3. Housing Improvement Area Defined 3 01 The Cedar Trails Housing Improvement Area is hereby defined as the area of the City legally descnbed in Exhibit A. 3.02. The Cedar Trails Housing Improvement Area contains 280 housing units as of the date of adoption of this ordinance, along with other garage units and common area. Section 4. Housing Improvements Defined. 4.01. For the purposes of this ordinance and the Cedar Trails Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Cedar Trails Housing Improvement Area. Bituminous Overlay of Parking Lots Partial Replacement of Concrete Curbs, Gutters, Islands, Patios, and Sidewalks Removal of 1 Wood Retaining Wall and Replacement of 5 Walls with Stone Walls. Partial Replacement of Extenor Light Fixtures on Garage Buildings Replacement of Roofs on Several Garage Buildings Installation of Hardie Fiber Cement Siding on Garage Buildings; Replacement on Roofs on Several Buildings Partial Replacement of Common Area Acoustical Ceiling Tile, Vinyl Floor Tile, and Intenor Light Fixtures Partial Replacement of Washers and Dryers Renovation of Pool Building Replacement of Oldest Boilers, Pumps, Hot Water Heaters, and Water Softeners Partial Replacement of Risers and Branch Piping Partial Replacement of Windows and Patio Doors 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engmeenng services in connection with the activities descnbed in Section 4.01; (b) all administration, legal and consultant costs in connection with the Cedar Trails Housing Improvement Area; and (c) costs of arranging financing for the Housing Improvements under the Housing Improvement Act; and (d) interest on the internal loan as described in Sections 5.04 and 6 01. Section 5 Housing Improvement Fee Ordinance No. 2231-02 -3- 5.01. The City may, by resolution adopted in accordance with the petition, heanng and notice procedures required under Ch. 428A 14, impose a fee on the housing units within the Cedar Trails Housing Improvement Area, 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. The Housing Improvement Fee shall be imposed on the basis of each owned housing and garage unit's Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit A to Declaration of Apartment Ownership (Condominium) Cedar Trails Condominium, dated as of September 10, 1979. 5.03. The Housing Improvement Fee shall be imposed and payable for a penod no greater than 10 years after the first installment is due and payable. 5.04 Housing unit owners shall be permitted to prepay the Housing Improvement Fee in accordance with the terms specified in the resolution imposing the fee. 5.05. The Housing Improvement Fee shall not exceed the amount specified in the notice of public heanng 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. Housing Improvement Area Loan 6.01. At any time after a contract with the Condominium Association for construction of all or part of the Housing Improvements has been enteied into or the work has been ordered, the Council may begin disbursement to the Condominium Association the proceeds of an internal loan (the "loan") of available City funds in the pnncipal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, together with administrative costs 6.02. At any time the City may refinance the loan or any unpaid portion of the loan by issuing bonds secured by Housing Improvement Fees, as outlined by Section 428A 16 of the Housing Improvement Act. Section 7. Annual Reports. 7 01. On August 15, 2003 and each August 15 thereafter until there are no longer any outstanding obligations issued under the Housing Improvement Act in connection with the Cedar Trails Housing Improvement Area, Cedar Trails Condominium Association (and any successor in interest) shall submit to the City Clerk a copy of the condominium association's audited financial statements. 7.02. The Condominium Association (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 Ordinance No. 2231-02 -4- 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 the Cedar Trails Housing Improvement Area: 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 the Cedar Trails Housing Improvement Area file a wntten 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 Ch 428A.13 Section 10. Effective Date. 10.1. This ordinance shall be effective 45 days after adoption hereof. First read at a regular meeting of the Council of the City of St. Louis Park held on October 7, 2002 and finally read, approved and adopted and ordered published at a regular meeting of said Council on November 4, 2002. Reviewed for Administration City Manager Attest: m. Hca -4_,J--,1--- y Clerk Adopted by the City Council November 4, 2002 Ma pprov� as to -orm and Execution 1, Hv r City Attorney • • • • Ordinance No. 2231-02 -5- EXHIBIT A TO ORDINANCE NO. 2231-02 Legal Descnption Of The Underlying Land — Cedar Trails Condominiums Tract A, Registered Land Survey No. 1228, files of Registrar of Titles, Hennepin County, Minnesota. Subject to an easement for Cedar Lake Road Subject to easements for sanitary sewer and storm sewer purposes. That part of the South half of the Southeast quarter of Section 30, Township 29, Range 24, descnbed as commencing at the southeasterly corner of Tract D, Registered Land Survey No 1228, files of Registrar of Titles, County of Hennepin, thence Northeasterly along the Northwesterly nght-of-way line of the Great Northern Railway Company, a distance of 872 feet; thence Northwesterly, at a nght angle, 190 feet; thence Southwesterly at a nght angle 793.08 feet to the point of beginning; thence Northwesterly, deflecting to the nght 72 degrees, 42 minutes, a distance of 162 4 feet, thence Westerly deflecting to the left, 56 degrees, a distance of 174 9 feet; thence Southerly at a right angle 171.98 feet to the Southeast corner of Tract C, Registered Land Survey No 1228, thence Easterly to the point of beginning, except the Southeasterly 60 feet of the above-described tract. As measured at nght angles to the Southerly boundary line thereof, together with a perpetual easement over and across the last descnbed 60 feet, together with a quit claim deed for a permanent easement over and across Tract C, Registered Land Survey No 1228, files of Registrar of Titles, Hennepin County, Minnesota Subject to an easement for storm sewer purposes. That part of the South half of the Southeast quarter of Section 30, Township 29 North, Range 24 West lying North of the center line of Cedar Lake Road and West of a line drawn Southerly from and perpendicular to the North line of said South half of the Southeast quarter from a point in said North line distant 664 00 feet East of the Northwest corner of said South half of the Southeast quarter, except the North 200.00 feet of the West 253 00 feet thereof Subject to an easement for Roadway purposes over and across the Westerly 33.00 feet thereof. Subject to easements for sanitary sewer and storm sewer purposes • STATE OF MINNESOTA) SS. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as knowledge of the facts stated below. (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A 02, §331A 07, and other applicable Sun -Sailor , and has full laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, successive weeks; it was first published on Thursday, the 14 day of , 2002, and was thereafter pnnted and published on every Thursday to and including Thursday, the day of , 2002; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the for one November .size and kind of type used in the composition and p - abcdefghniklmnopgEstuvwxyz BY: Subscribed and sworn to r affirmed b fore me o this A day of , r 02. of the notice CFO Nota MERIDEL M HEDBLOM NOTARY PUBLIC MINNESOTA MY COMMISSION EXPIRES 1.31.2005 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2.85 per line $ 6 20 per line $ 1 40 per line City of St. Louis Park (Official Publication) SUMMARY OF ORDINANCE NO. 2231-02 ESTABLISHING THE CEDAR TRAILS HOUSING IMPROVEMENT AREA. This ordinance establishes the Cedar Trails Housing Im- -provement Area, which is the area legally described on Ex: hnbnt A of the Ordinance, and specifies the "Housing Im- provements" that will be constructed m Cedar Trails Hous- ing Improvement Area and financed with the Housing Im- prement Fee - ovThis ordmance provides that the City may impose a fee on housing units m an amount sufficient to produce revenues required to provide the Housing Improvements The fee is set by a separate City Council resolution, but the ordinance lays out the ground rules on how the fee will be determined Those rules are summarized as follows • The fee will be unposed based on each unit's percent of undivided ownership interest - • The fee may be prepaid according to the terms set forth in the resolution - I • If the fee is not prepaid by November 20, 2003, it will be payable over 10 years • The fee will be collected at the same tune and m the same manner as property taxes • The total fee for each unit may not exceed the amount specified m the notice of pubhc hearing for the resolution imposing the fee This ordinance provides that at any time after the City has entered into a contract with the Cedar Trails Condomini- um Association for construction of the Housing Improve- ments, or after work has been ordered, the Council may begin disbursement to the Condominium Association of the proceeds of an internal loan of available City funds m the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, to- gether with admmnstrative costs This ordinance requires that Cedar Trails Condommnum Association submit audit- ed financial statements to the City each year while there are outstanding obhgations issued under the Act This ordinance shall take effect 45 days after the date of adoption (December 19, 2002) unless owners of at least 35 percent•of the housing units m the Cedar Trails Housing Improvement Area file an objection with the City Clerk pnor to that effective date — Adopted by the City Council November 4, 2002 Jeffrey W Jacobs /s/ - Mayor A copy of the full text of this ordmance is available for in- spection with the City Clerk (November 14, 2002)A3/Ord 2231-02