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HomeMy WebLinkAbout2313-06 - ADMIN Ordinance - City Council - 2006/04/17• • ORDINANCE NO. 2313-06 AN ORDINANCE ESTABLISHING THE SUNGATE ONE 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 authorized 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 Sungate One Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Sungate One Condominiums" all in accordance with the Housing Improvement Area policy. 1.04. The City has consulted with the Sungate One Condominium Association (the "Condominium Association") and with residents in the Sungate One Housing Improvement Area regarding the establishment of the Sungate One 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 Sungate One Housing Improvement Area 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 Apnl 3, 2006 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 Sungate One Housing Improvement Area, were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Sungate One Housmg Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the condominium association for, or the housing unit owners in, the Sungate One Condominium Association. 2.04. The Council further finds that designation of the Sungate One Housing Improvement Area is needed to maintain and preserve the housing units within such area. ®2.05 The City will be the implementing entity for the Sungate One Housing Improvement Area and the improvement fee. Ordinance No. 2313-06 -2- 2.06 The Council finds that the Sungate One Housing Improvement Area meets each of the approval critena contained in the Housing Improvement Area Policy (the critena are listed as 5.O1A- 5.OIM), including the criterion 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 criteria were met, mcluding: presentation to the Council of the petitions described in 2.01 above. Section 3. Housing Improvement Area Defined. 3.01. The Sungate One Housing Improvement Area is hereby defined as the area of the City legally described in Exhibit A. 3.02. The Sungate One Housing Improvement Area contains 20 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 Sungate One Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Sungate One Housing Improvement Area: Replacing water line from curb stop to buildings; repairing lawn and landscaping from water line work, removing and replacing existing fence for water line work; removing and replacing 3 concrete patios for water line work, replacing middle walkway with asphalt side walk; removing and replacing various sidewalk segments; removing and replacing existing stoop ( 3 each); replacing water heaters 1 building (no floor replacement); replacing boilers in 3 buildings; replacing roof on North garage building; replacing driveway and parking lot / with stnping; replacing lighting / poles, reusing existing wire feeds (5 each); removing and replacing 3 water softeners, removing and replacing parking lot fence; and tree trimming and landscaping. 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 the Sungate One 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 descnbed in Sections 5.04 and 6.01. Ordinance No. 2313-06 -3- Section 5. Housing Improvement Fee. 5.01. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under Ch. 428A.14, impose a fee on the housing units within the Sungate One 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 descnbed in Exhibit A to Declaration of Apartment Ownership (Condominium) Sungate One Condominium, dated as of September 10, 1979. 5.03. The Housing Improvement Fee shall be imposed and payable for a period 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 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. 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 entered into or the work has been ordered, the Council may begin disbursement to the Condommnmum 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, 2006 and each August 15 thereafter until there are no longer any outstanding obligations issued under the Housing Improvement Act in connection with the Sungate One Housing Improvement Area, Sungate One Condomnmruum 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. 2313-06 -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 Sungate One Housing Improvement Area: a summary of this ordinance; notice that owners subject to the proposed Housing Improvement Fee have a nght to veto this ordinance if owners of at least 35 percent of the housing units within the Sungate One 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 April 3, 2006 and finally read, approved and adopted and ordered published at a regular meeting of said Council on Apnl 17, 2006. First Reading Apnl 3, 2006 Second Reading April 17, 2006 Date of Publication Apnl 27, 2006 Date Ordinance takes effect June 1, 2006 Revie ' . d i or Administration City Manager Attest: (Kd'op1 d ti the City Council April 17, 2006 n i Ma or ved as to Form and Execution. City Clerk U City Attorney Che • • • Ordinance No. 2313-06 -5- EXHIBIT A TO ORDINANCE NO. 2313-06 Legal Descnption Of The Underlying Land — Sungate One Condominiums Apartment No. 2557, Condominium No. 114, Sungate One Condominium, located in Hennepin County, Minnesota. Located on the following descnbed land: Lots 1 and 2 And the West 45 feet of the East 227.28 feet of the North 80 feet of Lot 3, all in Block 1, Parkaire Addition, according to the plat thereof on file or of record in the office of the Registrar of Titles in and for Hennepin County, Minnesota. According to the declaration of apartment ownership and attached by-laws filed as document No. 1303141 on the 9th day of November, 1978, Files of the Registrar of Titles. Which apartment is restricted for residential purpose as more fully set out in said declaration; Subject to the provisions of Minnesota Condominium Act, Minnesota Statutes Chapter 515, and acts amendatory thereof. • STATE OF MINNESOTA) ellf311 newspapers AFFIDAVIT OF PUBLICATION ss COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi- nancial Officer of the newspaper known as Sun -Sailor and has full 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 §331 A 02, §331 A 07, and other applic- able laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s), it was first published on Thursday, the 27 day of April , 2006, and was thereafter printed and published on every Thursday to and including Thursday, the day of , 2006, and printed below i a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowll edged as being the size and kind of type used in the composition and publication of thf • notice abcdefghijkimnoopgrstuvwxyz r BY Subscribed and sworn to or affirmed before me on this 27 day of April , 2006 Not CFO MARY ANN CARLSON NOTARY PUBLIC - MINNESOTA MY COMMISSION EXPIRES 141-09 RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2 85 per line for comparable space litMaximum rate allowed by law $ 6 20 per line (3) Rate actually charged $ 1 30 per line LEGAL NOTICES City of St. Louis Park SUMMARY (Official Publication) ORDINANCE NO 2313-06 AN ORDINANCE ESTABLISHING THE SUNGATE ONE HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, CHAPTER 428A.11 to 428A.21 This ordinance establishes the Sungate One Housing Im- provement Area, which is the area legally described on Exhibit A of the Ordinance, and specifies the "Housing Im- provements" that will be constructed in Sungate One Housing Improvement Area and financed with the Hous- ing Improvement Fee This ordinance provides that the City may impose a fee on housing units in an amount sufficient to produce revenues required to provide the Housing Improvements The fee is set by a separate City Council resolution, but the ordi- nance lays out the ground rules on how the fee will be de- termined Those rules are summanzed as follows • The fee will be imposed based on each unit's percent of undivided ownership interest • The fee may be prepaid according to the terms set forth in the resolution • If the fee is not prepaid by November 20, 2006, d will be payable over 10 years • The fee will be collected at the same time and in the same manner as property taxes • The total fee for each unit may not exceed the amount specified in the notice of public hearing for the resolu- tion imposing the fee This ordinance provides that at any time after the City has entered into a contract with the Sungate One 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 in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, to- gether with administrative costs This ordinance requires that Sungate One Condominium Association submit au- dited financial statements to the City each year while there are outstanding obligations issued under the Act This ordinance shall take effect 45 days after the date of adoption (June 1, 2006) unless owners of at least 35 per- cent of the housing units in the Sungate One Housing Im- provement Area file an objection with the City Clerk pnor to that effective date Adopted by the City Council April 17, 2006 - Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk Published in St Louis Park Sailor Apnl 27, 2006 (Apr 27, 2006)a3/Summ Ord 2316-06 Sungate