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Home My WebLink About2406-11 - ADMIN Ordinance - City Council - 2011/12/05ORDINANCE NO. 2406-11 ORDINANCE ESTABLISHING THE GREENSBORO CONDOMINIUM OWNERS ASSOCIATION 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 Greensboro Condominium Owners Association Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Greensboro Condominium Owners Association" all in accordance with the Housing Improvement Area policy. 1.04. The City has consulted with the Greensboro Condominium Owners Association (the "Condominium Association") and with residents in the proposed Greensboro Condominium Owners Association Housing Improvement Area regarding the establishment of the Greensboro Condominium Owners Association 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 50 percent of the housing units within the proposed Greensboro Condominium Owners Association 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 November 21, 2011, 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 Greensboro Condominium Owners Association Housing Improvement Area, were given an opportunity to be heard. 2.03. The Council finds that, without establishment of the Greensboro Condominium Owners Association 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 Greensboro Condominium Owners Association. 2.04. The Council further finds that designation of the Greensboro Condommium Owners Association Housing Improvement Area is needed to maintain and preserve the housing units within such area. Ordinance No. 2406-11 -2- 2.05. The Council further finds that by Resolution No. 11-134 adopted on the date hereof, the City has provided full disclosure of public expenditures, loans, bonds, or other financing arrangements in connection with the Greensboro Housing Improvement Area, and has determined that the Greensboro Condominium Owners Association will contract for the Housing Improvements. 2.06. The City will be the implementing entity for the Greensboro Condominium Owners Association Housing Improvement Area and the improvement fee. 2.07. The Council finds that the Greensboro Condominium Owners Association Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy (listed as 5.01A- 5.01M), 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 critena were met, including presentation to the Council of the petitions described in 2.01 above. Section 3. Housing Improvement Area Defined. 3.01. The Greensboro Condominium Owners Association Housing Improvement Area is hereby defined as the area of the City legally described in Exhibit A. 3.02. The Greensboro Condominium Owners Association Housing Improvement Area contains 260 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 Greensboro Condominium Owners Association Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to housing units, garages, and common areas within the Greensboro Condominium Owners Association Housing Improvement Area: Site Work: Complete asphalt pavement replacement including grade repairs, new concrete curb and gutter. Repair water main, sanitary sewer and storm sewer. Resident Buildings: Remove siding and replace with new flux mansard design. New aluminum store fronts (windows/doors) at condo building, front, back, and side entries. Repair balconies as needed and repaint all balconies. Repair voids at slabs and patios. Garages Repairs: Bnck removal and siding install, wall and roof framing repairs. Install perimeter dram tile, new roof, new garage doors as required and install garage lockers. Possible common items if funds allow: Brick repair, sidewalk repair, community building interior renovations, pool renovations. 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 Greensboro Condominium Owners Association 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. • • • Ordinance No. 2406-11 -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 Section 428A.14 of the Act, impose a fee on the housing units within the Greensboro Condominium Owners Association Housing Improvement Area, at a rate, term or amount sufficient to produce revenues required to finance the construction of 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 for Common and Building Common Elements based on the square footage (percentage of undivided ownership) of each unit, and shall be imposed for Limited Common Elements based on the actual cost of garages, lockers and balconies for each unit, all as prescribed in the Amended and Restated Declaration of Greensboro Condominium. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than 20 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 and Bonds. 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 without interest of the Housing Improvement Fee has begun as descnbed 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 a portion of the cost of the Housing Improvements that have not been prepaid, together with administrative costs. 6.02. In addition to the Loan, at any time after the period for prepayment without interest of the Housing Improvement Fee has ended, the City may issue its bonds secured by Housing Improvement Fees, as authorized pursuant to Section 428A.16 of the Act, in a principal amount necessary to finance the portion of the cost of the Housing Improvements not financed through the Loan. Section 7. Annual Reports. 7.01. On March 1, 2013, and each March 1 thereafter until there are no longer any outstanding obligations issued under the Act in connection with the Greensboro Condominium Owners Association Housing Improvement Area, Greensboro Condominium 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. 2406-11 -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 Greensboro Condominium Owners Association 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 45 percent of the housing units within the Greensboro Condominium Owners Association 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 the City of St. Louis Park on November 21, 2011. First Reading November 21, 2011 Second Reading December 5, 2011 Date of Publication December 15, 2011 Date Ordinance takes effect January 19, 2011 Revi - w: d for • dministration: City Attest: Adopt the City Council December 5, 2011. Mayor pprd as to form and execution: Y orne • • • • EXHIBIT A TO ORDINANCE NO. 2406-11 Legal description Unit Nos. 1 (101), 2 (102) 3 (103), 4 (104), 5 (105), 6 (106), 7 (107), 8 (108), 9 (109), 10 (110), 11 (111), 12 (112), 13 (114), 14 (201), 15 (202), 16 (203), 17 (204), 18 (205), 19 (206), 20 (207), 21 (208), 22 (209), 23 (210), 24 (211), 25 (212), 26 (214), 27 (215) 28 (301), 29 (302), 30 (303), 31 (304), 32 (305), 33 (306), 34 (307), 35 (308), 36 (309), 37 (310), 38 (311), 39 (312), 40 (314), 41 (315), 42 (101), 43 (102), 44 (103), 45 (104) 46 (105), 47 .(106), 48 (107), 49 (108), 50 (109), 51 (110), 52 (111), 53 (112), 54 (114), 55 (215), 56 (201), 57 (202), 58 (203), 59 (204), 60 (205), 61 (206), 62 (207), 63 (208), 64 (209), 65 (210), 66 (211), 67 (212), 68 (214), 69 (315), 70 (301), 71 (302), 72 (303), 73 (304), 74 (305), 75 (306), 76 (307), 77 (308), 78 (309), 79 (310), 80 (311), 81 (312), 82 (314), 83 (107), 84 (108), 85 (109), 86 (110), 87 (111) 88 (112) 89 (114) 90 (101), 91 (102), 92 (103), 93 (104), 94 (105), 95 (106), 96 (207), 97 (208), 98 (209), 99 (210), 100 (211), 101 (212), 102 (214), 103 (215), 104 (201), 105 (202), 106 (203), 107 (204), 108 (205), 109 (206), 110 (307), 111 (308), 112 (309), 113 (310), 114 (311), 115 (312), 116 (314), 117 (315), 118 (301), 119 (302), 120 (303), 121 (304), 122 (305), 123 (306), 124 (101), 125 (114), 126 (112), 127 (111), 128 (110), 129 (109), 130 (108), 131 (107), 132 (106), 133 (105), 134 (104), 135 (103), 136 (102), 137 (201), 138 (215), 139 (214), 140 (212), 141 (211), 142 (210), 143 (209), 144 (208), 145 (207), 146 (206), 147 (205), 148 (204), 149 (203), 150 (202), 151 (301), 152 (315), 153 (314), 154 (312), 155 (311), 156 (310), 157 (309), 158 (308), 159 (307), 160 (306), 161 (305), 162 (304), 163 (303), 164 (302), 165 (7453) 166 (7449), 167 (7445), 168 (7441), 169 (7437), 170 (7433), 171 (7429), 172 (7425), 173 (7421), 174 (7417), 175 (7413), 176 (7409), 177 (7405), 178 (7401), 179 (7361), 180 (7357), 181 (7353), 182 (7349), 183 (7345), 184 (7341), 185 (7337), 186 (7333), • 187 (7329), 188 (7325), 189 (7321), 190 (7317), 191 (7313), 192 (7309), 193 (7305), 194 (7301), 195 (7233), 196 (7229), 197 (7225), 198 (7221), 199 (7217), 200 (7213), 201 (7209), 202 (7205), 203 (7451), 204 (7447), 205 (7439), 206 (7435), 207 (7431), 208 (7427), 209 (7423), 210 (7419), 211 (7411), 212 (7407), 213 (7403), 214 (7351), 215 (7347), 216 (7343), 217 (7339), 218 (7335), 219 (7331), 220 (7327), 221 (7323), 222 (7319), 223 (7315), 224 (7311), 225 (7307), 226 (7303), 227 (7235), 228 (7231), 229 (7227), 230 (7223), 231 (7219), 232 (7215), 233 (7211), 234 (7207), 235 (2004), 236 (2006), 237 (2008), 238 (2010), 239 (2012), 240 (2014), 241 (2016), 242 (2018), 243 (2020), 244 (2022), 245 (2024), 246 (2026), 247 (2028), 248 (2030), 249 (2032), 250 (2034), 251 (2036), 252 (2038), 253 (2054), 254 (2052), 255 (2050), 256 (2048) 257 (2046), 258 (2044), 259 (2042) and 260 (2040), Condominium No. 41, Greensboro Condominium, Hennepin County, Minnesota. A-1 www.MinnLocal.com MEDIA 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 Louts 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 15 day of December 2011, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the day of , 2011, 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 • b hijkimnopgrstuvwxyz 7 BY CFO Subscribed and sworn to or affirmed before me on this 15 day of December , 2011 Notary Public jjjj DIANE L ELIASON t yiy 1101 ARY PURL IC f1INIIL-SO1A y3(1 fly Conlin I xpu, It! 11 '015 City of St. Louis Park (Official Publication) SUMMARY ORDINANCE NO 2406-11 ORDINANCE ESTABLISHING THE GREENSBORO CONDOMINIUM ASSOCIATION HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, CHAPTER 428A 11 to 428A 21 This ordinance establishes the Greens- boro Condominium Association Housing Improvement Area, which is the area legally described on Exhibit A of the Or- dinance, and specifies the "Housing Im- provements" that will be constructed in Greensboro Condominium Association Housing Improvement Area and financed with the Housing Improvement Fee This ordinance provides that the City may impose a fee on housing units in an amount sufficient to produce revenues required to construct the Housing Im- provements (the "Housing Improvement Fee") The Housing Improvement Fee is set by a separate City Council resolution, but the ordinance lays out the ground rules on how the Housing Improvement Fee will be determined Those rules are summarized as follows • The Housing Improvement Fee will be imposed for Common Elements based on the square footage (percentage of un- divided ownership) of each unit, will be imposed for Building Common Elements based on the square footage of each unit and the type of building in which the unit is located, and will be imposed for Limit- ed Common Elements based on the ac- tual cost of garages, balconies and lock- ers for each unit • The Housing Improvement Fee may be prepaid according to the terms set forth in the resolution • The Housing Improvement Fee will be collected at the same time and in the same manner as property taxes • The total Housing improvement Fee for each unit may not exceed the amount specified in the notice of public hearing for the resolution imposing the Housing Improvement Fee This ordinance provides that at any time atter the City has entered into a contract with the Greensboro Condominium As- sociation for construction of the Housing Improvements, or atter work has been or- dered, the Council may begin disburse- ment to the Association of the proceeds of (a) an internal loan of available City funds in the principal amount necessary to finance a portion of the cost of the Housing Improvements that has not been prepaid, together with administrative costs, and (b) bonds of the City secured by Housing Improvement Fees as autho- rized by the Act, in the principal amount neccssary to finance the potion of the cost of the Housing Improvements not fi- nanced by the internal loan or by prepay- ments This ordinance requires that Greensboro Condominium Association submit audited financial statements to the City each year while there are out- standing obligations issued under the Act This ordinance shall take effect 45 days after adoption Adopted by the City Council December 5, 2011 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for inspection with the City Clerk Published in St Louis Park Sailor De- cember 15, 2011 (Dec 15, 2011) A3-Ord2406-11