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Home My WebLink About2357-08 - ADMIN Ordinance - City Council - 2008/06/16ORDINANCE NO. 2357-08 ORDINANCE ESTABLISHING THE WESTMORELAND HILLS OWNERS' HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, SECTIONS 428A.11 to 428A.21. BE IT ORDAINED by the City 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, Sections 428A.11 to 428A.21 (the "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 Westmoreland Hills Owners' Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Westmoreland Hills Owners Association' all in accordance with the Housing Improvement Area policy. 1.04. The City has consulted with the Westmoreland Hills Owners' Association (the "Condominium Association") and with residents in the proposed Westmoreland Hills Owners' Housing Improvement Area regarding the establishment of the Westmoreland Hills Owners' 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 of the Act, owners of at least 25 percent of the housing units within the proposed Westmoreland Hills Owners' 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 June 2, 2008, conducted a public hearing, duly noticed in accordance with Section 428A.13 of the Act, regarding adoption of this ordinance, at which all persons, including owners of property within the proposed Westmoreland Hills Owners' Housing Improvement Area, were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Westmoreland Hills Owners' 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 Westmoreland Hills Owners' Association. 2.04. The Council further finds that designation of the Westmoreland Hills Owners' Housing Improvement Area is needed to maintain and preserve the housing units within such area. Ordinance No. 2357-08 -2- 2.05 The City will be the implementing entity for the Westmoreland Hills Owners' Housing Improvement Area and the improvement fee. 2.06 The Council finds that the Westmoreland Hills Owners' Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy (listed as 5.O1A- 5.O1M), 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, including presentation to the Council of the petitions described in 2.01 above. Section 3. Housing Improvement Area Defined. 3.01. The Westmoreland Hills Owners' Housing Improvement Area is hereby defined as the area of the City legally described in Exhibit A. 3.02. The Westmoreland Hills Owners' Housing Improvement Area contains 72 housing units as of the date of adoption of this ordinance, along with garage units and common areas. Section 4. Housing Improvements Defined. 4.01. For the purposes of this ordinance and the Westmoreland Hills Owners' Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Westmoreland Hills Owners' Housing Improvement Area: Site Improvements. Build accessory storage building. Replace retaining wall. Remove wood pool deck. Renovate privacy walls. Replace awning. Landscape improvements & install irrigation. Parking lot - replace wheel stops and signage. Building Exterior. Replace windows and patio doors, & remove patio door guardrails. Repair fixed window. Replace exterior trim, repair stucco, and clean exterior. Replace south entrance design feature & siding. Replace downspouts & attachments. Paint exterior trim and seal joints. Building Interiors. Replace carpeting, wall coverings, furniture and artwork. Paint and stain. Renovate saunas, toilets and elevator. Replace signage, mail boxes, lockers, and mail drop. Mechanical. Renovate the air conditioner and bath exhausts. Electrical. Replace and renovate exterior & interior lighting. Renovate car engine heater connections. Replace smoke detectors. 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 Westmoreland Hills Owners' Housing Improvement Area; and Ordinance No. 2357-08 -3- (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. 5.01. The City may, by resolution adopted in accordance with the petition, hearing and notice procedures required under Section 428A.14 of the Act, impose a fee on the housing units within the Westmoreland Hills Owners' 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 unit's Percent of Undivided Interest in Common Areas and Facilities, as described in Exhibit B to Declaration of Covenants, Restrictions and Easements of Westmoreland Hills Owners' Association dated as of July 28, 1980. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 15 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, and the period for prepayment of the Housing Improvement Fee has expired as described in Section 5.04 hereof, the Council may begin disbursement to the Condominium Association of the proceeds of an internal loan (the "loan") of available City funds in the principal amounts necessary to finance the cost of the Housing Improvements that have not been prepaid, together with administrative costs. 6.02. The City may refinance the loan or any unpaid portion of the loan at any time by issuing bonds secured by Housing Improvement Fees, as outlined by Section 428A.16 of the Act. Section 7. Annual Reports. 7.01. On October 1, 2009, and each October 1, thereafter until there are no longer any outstanding obligations issued under the Act in connection with the Westmoreland Hills Owners' Housing Improvement Area, Westmoreland Hills Owners' Association (and any successor in interest) shall submit to the City Clerk a copy of the condominium association's audited financial statements. Ordinance No. 2357-08 -4- 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. 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 Westmoreland Hills Owners' 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 Westmoreland Hills Owners' Housing Improvement Area file a written 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 428A.13 of the Act. Section 10. Effective Date. 10.1. This ordinance shall be effective 45 days after adoption hereof. Read, approved and adopted and ordered published at a regular meeting of the City Council of e ity of St. Louis Park on June 16, 2008. Rev',- d f+ r Administration: Attest: y the City Council Approved as to form and execution: City Attorney • • • Ordinance No. 2357-08 -5- EXHIBIT A TO ORDINANCE NO. 2357-08 Legal Description 101 Condo No 0238 Apartment No 101, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 102 Condo No 0238 Apartment No 102, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 103 Condo No 0238 Apartment No 103, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 104 Condo No 0238 Apartment No 104, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 105 Condo No 0238 Apartment No 105, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 106 Condo No 0238 Apartment No 106, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 107 Condo No 0238 Apartment No 107, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 108 Condo No 0238 Apartment No 108, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 109 Condo No 0238 Apartment No 109, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 110 Condo No 0238 Apartment No 110, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 111 Condo No 0238 Apartment No 111, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 112 Condo No 0238 Apartment No 112, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 113 Condo No 0238 Apartment No 113, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 114 Condo No 0238 Apartment No 114, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 115 Condo No 0238 Apartment No 115, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 116 Condo No 0238 Apartment No 116, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 117 Condo No 0238 Apartment No 117, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 118 Condo No 0238 Apartment No 118, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 119 Condo No 0238 Apartment No 119, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 120 Condo No 0238 Apartment No 120, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 121 Condo No 0238 Apartment No 121, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 122 Condo No 0238 Apartment No 122, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 123 Condo No 0238 Apartment No 123, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 124 Condo No 0238 Apartment No 124, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 201 Condo No 0238 Apartment No 201, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 202 Condo No 0238 Apartment No 202, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 203 Condo No 0238 Apartment No 203, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 204 Condo No 0238 Apartment No 204, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 205 Condo No 0238 Apartment No 205, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 206 Condo No 0238 Apartment No 206, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 207 Condo No 0238 Apartment No 207, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 208 Condo No 0238 Apartment No 208, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 209 Condo No 0238 Apartment No 209, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 210 Condo No 0238 Apartment No 210, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 211 Condo No 0238 Apartment No 211, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 212 Condo No 0238 Apartment No 212, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 213 Condo No 0238 Apartment No 213, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 214 Condo No 0238 Apartment No 214, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 215 Condo No 0238 Apartment No 215, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 216 Condo No 0238 Apartment No 216, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 217 Condo No 0238 Apartment No 217, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 218 Condo No 0238 Apartment No 218, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 219 Condo No 0238 Apartment No 219, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 220 Condo No 0238 Apartment No 220, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 221 Condo No 0238 Apartment No 221, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 222 Condo No 0238 Apartment No 222, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 223 Condo No 0238 Apartment No 223, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 224 Condo No 0238 Apartment No 224, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 301 Condo No 0238 Apartment No 301, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 302 Condo No 0238 Apartment No 302, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County Ordinance No. 2357-08 -6- 303 Condo No 0238 Apartment No 303, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 304 Condo No 0238 Apartment No 304, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 305 Condo No 0238 Apartment No 305, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 306 Condo No 0238 Apartment No 306, Apartment Ownership No 238, Westmoreland Hilis Condominium, located in Hennepin County 307 Condo No 0238 Apartment No 307, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 308 Condo No 0238 Apartment No 308, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 309 Condo No 0238 Apartment No 309, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 310 Condo No 0238 Apartment No 310, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 311 Condo No 0238 Apartment No 311, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 312 Condo No 0238 Apartment No 312, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 313 Condo No 0238 Apartment No 313, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 314 Condo No 0238 Apartment No 314, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 315 Condo No 0238 Apartment No 315, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 316 Condo No 0238 Apartment No 316, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 317 Condo No 0238 Apartment No 317, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 318 Condo No 0238 Apartment No 318, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 319 Condo No 0238 Apartment No 319, Apartment Ownership No 238, Westmoreland Hilis Condominium, located in Hennepin County 320 Condo No 0238 Apartment No 320, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 321 Condo No 0238 Apartment No 321, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 322 Condo No 0238 Apartment No 322, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 323 Condo No 0238 Apartment No 323, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County 324 Condo No 0238 Apartment No 324, Apartment Ownership No 238, Westmoreland Hills Condominium, located in Hennepin County el p • =............__...,,,., newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St Louis Park Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all,of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn Stat §331A 02, §331A 07, and other applicable laws as amended (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 26 day of June 2008, and was thereafter printed and published on every Thuisday to and in- cluding Thursday, the day of 2008, and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice abcdefg hijkl mnopgrstuvwxyz Subscribed and sworn to or affirmed before me on this 26 day of June ,2008 No ary Public MARY ANN CARLSON NOTARY PUBUC — MINNESOTA MY COMMISSION EXPIRES 1-31-09 City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2357-08 ORDINANCE ESTABLISHING THE WESTMORELAND HILLS OWNERS' ASSOCIATION HOUSING IMPROVEMENT AREA PURSUANTTO MINNESOTA STATUTES, CHAPTER 428A 11 to 428A 21 This ordinance establishes the Westmoreland Hills Own- ers' Association Housing Improvement Area, which is the area legally described on Exhibit A of the Ordinance, and specifies the "Housing Improvements" that will be con- structed in Westmoreland Hills Owners' Association 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 summarized 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 19, 2008, a will be payable over 15 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 reso- lution imposing the fee This ordinance provides that at any time after the City has entered into a contract with the Westmoreland Hills Own- ers' Association for construction of the Housing Improve- ments, or after work has been ordered, the Council may begin disbursement to the Association of the proceeds of an internal loan of available City funds in the principal amounts necessary to finance the cost of the Housing Im- provements that have not been prepaid, together with ad- ministrative costs This ordinance requires that West- moreland Hills Owners' Association submit audited finan- cial statements to the City each year while there are out- standing obligations issued under the Act This ordinance shall take effect 45 days after the June 16 2008 date of adoption unless owners of at least 35 per- cent of the housing units in the Wolfe Lake Condominium Housing Improvement Area file an objection with the City Clerk prior to that effective date Adopted by the City Council June 16, 2008 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 SI Louis Park Sailor June 26, 2008 ( June 26 2008) a3 -Ord 2357-08 Westmoreland