HomeMy WebLinkAboutResolution - 2013-101 - Housing Improvement Fee for Fairway Woods II Condominium Assoc. - 12/03/2013 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
RESOLUTION NO. 2013-101
A RESOLUTION APPROVING THE HOUSING IMPROVEMENT FEE FOR THE
FAIRWAY WOODS II CONDOMINIUM ASSOCIATION HOUSING IMPROVEMENT
AREA PURSUANT TO MINNESOTA STATUTES 428A.11 to 428A.21
WHEREAS, the City of Eden Prairie ("City") pursuant to Minn. Stat. 428A.11 to 428A.21,
as amended, established by ordinance a housing improvement area on the property legally described
on attached Exhibit A known as the "Fairway Woods II Condominium Association Housing
Improvement Area"by adoption of Ordinance No. 18-2013 ("Enabling Ordinance"); and
WHEREAS, pursuant to Minn. Stat. 428A.14, the City is authorized to impose fees on the
housing units within a housing area in order to produce sufficient revenue to provide housing
improvements and reimburse the City; and
WHEREAS, as required by Minn. Stat. 428A.14,the City held a duly noticed public hearing
on November 19, 2013 to consider the imposition of fees on the Fairway Woods II Condominium
Association Housing Improvement Area. All interest parties were given an opportunity to be heard;
and
WHEREAS, the Fairway Woods II Condominium Association ("Association") has
submitted to the City a financial plan prepared by Michael P. Mullen, CPA, PLLC, an independent
3rd party as required by Minn. Stat. 428A.14.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNSEL OF THE CITY
OF EDEN PRAIRIE, THAT THE CITY COUNCIL FINDS, DETERMINES, AND
ORDERS AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are incorporated herein as if fully set forth.
Section 2. Findings. The City Council hereby finds based on the petition, the Enabling Ordinance,
the public hearing held on November 19,2013, and all other information provided:
A. The petition and Enabling Ordinance comply with the requirements in Minn. Stat.
428A.11 through 428A.21.
B. The Association has submitted to the City a financial plan prepared by Michael P.
Mullen CPA, PLLC, an independent third party, which plan is acceptable to the City and the
Association, that provides for the Association to finance maintenance and operation of the common
elements in the Fairway Woods II Condominium Association Housing Improvement Area and a
long-range plan to conduct and finance capital improvements, all in accordance with Minn. Stat.
428A.14.
C. Imposing the fee on a per unit basis is more fair and reasonable than using a tax
capacity or square footage basis due to the style of the units and the location of all units in the same
building.
Section 2. Housing Improvement Fee Imposed.
A. The estimated cost of the housing improvements is $145,000. The City hereby
imposes a fee on each housing unit within the Fairway Woods II Condominium Association
Housing Improvement Area in an amount of$7,250 per unit (the "Housing Improvement Fee"). If
the cost of the housing improvements exceed the estimated amount, the City may charge additional
fees against the units by complying with the notice and hearing requirements in Minn. Stat.
428A.14. If the costs of the housing improvements are less than the estimated amount,the City will
reduce the Housing Improvement Fee against each unit on a pro rata basis. The City shall take the
appropriate steps necessary to ensure the reduction of the Housing Improvement Fee against each
unit.
B. The Housing Improvement Fee shall be assessed against each housing unit in equal
annual installments extending over a period of 15 years from the date the first installment is due and
payable and will bear interest at the rate of 5.35 percent per annum from the effective date of this
resolution("Assessment"). The first installment shall be payable in 2015 and to the first installment
shall be added interest on the entire Assessment from the date of this resolution until December 31,
2015.
C. The owners of the housing units may, at any time prior to the certification of the
Assessment to the County Auditor, pay to the City the entire Assessment on such unit, with interest
accrued to the date of payment. No interest shall be charged if the entire Assessment is paid within
30 days from the effective date of this resolution. The owners may at any time thereafter, pay to the
City the entire amount of the Assessment remaining unpaid, with interest accrued to December 31
of the year in which such payment is made. Such payment must be made before November 15 or
interest will be charged through December 31 of the succeeding year. Unless prepaid the
Assessment shall be payable at the same time and in the same manner as provided for payment and
collection of ad valorem taxes, as provided in Minnesota Statutes, Sections 428A.15 and 428A.05.
The Housing Improvement Fee is not included in the calculation of levies or limits on levies
imposed under any law or charter.
Section 3. Notice of Right to File Objections. Within five days after the adoption of this
resolution, the City Clerk is directed to mail to the owner of each housing unit in the Fairway
Woods II Condominium Association Housing Improvement Area the following: a summary of this
resolution; notice that owners subject to the proposed Housing Improvement Fee have a right to
veto this resolution if owners of 45% or more of the housing units within the Fairway Woods II
Condominium Association Housing Improvement Area file objections with the City Clerk before
the effective date of this resolution; and notice that a copy of this resolution is on file with the City
Clerk for public inspection.
Section 4. Effective Date. This resolution shall be effective 45 days after adoption hereof,
provided, however, that if owners of 45% or more of the housing units within the Fairway Woods II
Condominium Association Housing Improvement Area file objections with the City Clerk within 45
days of the adoption of the resolution,the resolution shall not become effective.
Section 5. Filing of Housing Improvement Fee. After the effective date of this resolution, but no
later than November 15, 2015, the City Clerk shall file a certified copy of this resolution together
with attached Exhibit B, the Assessment Roll, to the Hennepin County Director of Taxation to be
recorded on the property tax lists of the county for taxes payable in 2015 and thereafter.
ADOPTED by the City Council on December 3, 2013.
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ATTEST:
Ka Teen Porta, City Clerk
Exhibit A
Fairway Woods II Condominium Association Housing Improvement Area Legal Description
Legal Description House Street Tax Parcel ID Nbr
Nbr Name
Apartment No. 14303,Apartment Ownership No. 15 Fairway Wood 14303 Fairway 10-116-22-32-0029
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14305,Apartment Ownership No. 15, Fairway Wood 14305 Fairway 10-116-22-32-0030
Condominum No.2, located in Hennepin County. Dr
Apartment No. 14307,Apartment Ownership No. 15, Fairway Wood 14307 Fairway 10-116-22-32-0031
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14309,Apartment Ownership No. 15, Fairway Wood 14309 Fairway 10-116-22-32-0032
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14301,Apartment Ownership No. 15, Fairway Wood 14301 Fairway 10-116-22-32-0028
Condominum No.2, located in Hennepin County. Dr
Apartment No. 14311,Apartment Ownership No. 15, Fairway Wood 14311 Fairway 10-116-22-32-0033
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14313,Apartment Ownership No. 15, Fairway Wood 14313 Fairway 10-116-22-32-0034
Condominum No.2, located in Hennepin County. Dr
Apartment No. 14315,Apartment Ownership No. 15, Fairway Wood 14315 Fairway 10-116-22-32-0035
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14317,Apartment Ownership No. 15, Fairway Wood 14317 Fairway 10-116-22-32-0036
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14319,Apartment Ownership No. 15, Fairway Wood 14319 Fairway 10-116-22-32-0037
CondominumNo.2, located in Hennepin County. Dr
Apartment No. 14321,Apartment Ownership No. 15, Fairway Wood 14321 Fairway 10-116-22-32-0038
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14323,Apartment Ownership No. 15, Fairway Wood 14323 Fairway 10-116-22-32-0039
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14325,Apartment Ownership No. 15, Fairway Wood 14325 Fairway 10-116-22-32-0040
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14327,Apartment Ownership No. 15, Fairway Wood 14327 Fairway 10-116-22-32-0041
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14329,Apartment Ownership No. 15, Fairway Wood 14329 Fairway 10-116-22-32-0042
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14331,Apartment Ownership No. 15, Fairway Wood 14331 Fairway 10-116-22-32-0043
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14333,Apartment Ownership No. 15, Fairway Wood 14333 Fairway 10-116-22-32-0044
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14335,Apartment Ownership No. 15, Fairway Wood 14335 Fairway 10-116-22-32-0045
Condominum No. 2, located in Hennepin County. Dr
Apartment No. 14337,Apartment Ownership No. 15, Fairway Wood 14337 Fairway 10-116-22-32-0046
Condominum No.2, located in Hennepin County. Dr
Apartment No. 14339,Apartment Ownership No. 15, Fairway Wood 14339 Fairway 10-116-22-32-0047
Condominum No. 2, located in Hennepin County. Dr
Exhibit B
Assessment Roll
Unit Address Assessed Amount
1 14301 Fairway Drive $7,250.00
2 14303 Fairway Drive $7,250.00
3 14305 Fairway Drive $7,250.00
4 14307 Fairway Drive $7,250.00
5 14309 Fairway Drive $7,250.00
6 14311 Fairway Drive $7,250.00
7 14313 Fairway Drive $7,250.00
8 14315 Fairway Drive $7,250.00
9 14317 Fairway Drive $7,250.00
10 14319 Fairway Drive $7,250.00
11 14321 Fairway Drive $7,250.00
12 14323 Fairway Drive $7,250.00
13 14325 Fairway Drive $7,250.00
14 14327 Fairway Drive $7,250.00
15 14329 Fairway Drive $7,250.00
16 14331 Fairway Drive $7,250.00
17 14333 Fairway Drive $7,250.00
18 14335 Fairway Drive $7,250.00
19 14337 Fairway Drive $7,250.00
20 14339 Fairway Drive $7,250.00