HomeMy WebLinkAboutOrdinance - 18-2013 - Fairway Woods II Condominium Assoc. HIA - 12/05/2013 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 18-2013
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ESTABLISHING
THE FAIRWAY WOODS II CONDOMINIUM ASSOCIATION HOUSING
IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES 428A.11 to 428A.2
WHEREAS, The City of Eden Prairie ("City") is authorized under Minn. Stat. 428A.I I to
428A.21, as amended 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; and
WHEREAS, the City has determined a need to establish the Fairway Woods II
Condominium Association Housing Improvement Area, as further defined herein, in order to
facilitate certain improvements to property known as the Fairway Woods II Condominium; and
WHEREAS, as required by Minn. Stat. 428A.13, the City held a duly noticed public hearing
on October 1, 2013 to consider the establishment of the Fairway Woods II Condominium
Association Housing Improvement Area. All interest parties were given an opportunity to be heard;
and
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA ORDAINS:
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 public hearing held
on October 1,2013, and all other information provided:
A. Owners of the housing units within the proposed Fairway Woods I1 Condominium
Association Housing Improvement Area have filed a petition with the City Clerk, requesting a
public hearing regarding establishment of such housing improvement area and the imposition of
related fees. The City Council finds that 100% of the owners of housing units within the Fairway
Woods II Condominium Association Housing Improvement Area signed the petition and that the
petition complies with the requirements of Minn. Stat. 428A.12.
B. Without establishment of the Fairway Woods II Condominium Association Housing
Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the
Association or the owners of the housing units.
C. Designation of the Fairway Woods II Condominium Association Housing
Improvement Area is needed to maintain and preserve the housing units within the area.
D. All requirements of Minn. Stat. 428A.11 through Minn. Stat. 428A.21 have been
met and it is appropriate to establish the Fairway Woods 11 Condominium Association Housing
Improvement Area.
Section 3. Implementing Entity. The City will be the implementing entity for the Fairway Woods
II Condominium Association Housing Improvement Area.
Section 4. Housing Improvement Area. The Fairway Woods II Condominium Association
Housing Improvement Area is hereby established on the property legally described on attached
Exhibit A. As of the date of adoption of this ordinance, the Fairway Woods II Condominium
Association Housing Improvement Area contains 20 housing units, along with garage units and
common areas.
Section 5. Housing Improvements. The Housing Improvements shall consist of the following:
• Siding: Installation of new Variform Vortex Double 5" traditional lap siding on the
front of the building.
• Gutters: Installation of new 5" pre-finished aluminum seamless gutters on the
upper and lower sections of the front of the building as well as commercial grade
downspouts. Gutter-only replacement on the back of the building.
• Front Doors: Installation of 4 new front entry doors and sidelights.
• Garage Doors: Painting 20 garage doors.
• Driveway: Asphalt repairs and seal coating.
• Bat extermination and proofing of entire structure.
Section 6. Housing Improvement Fee.
A. The City may, by resolution adopted in accordance with the hearing and notice
procedures required under Minn. Stat. 428A.14, impose a fee on the housing units within the
Fairway Woods II Condominium Association Housing Improvement Area, at a rate,term or amount
sufficient to produce revenues required to finance the construction of the Housing Improvements
("Housing Improvement Fee").
B. The Housing Improvement Fee shall be imposed on a per unit basis. The City
Council finds that 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.
C. 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. Owners of housing units shall be
permitted to prepay the Housing Improvement Fee in accordance with the terms specified in the
resolution imposing the fee. The Housing Improvement Fee shall not exceed the amount specified
in the notice of public hearing regarding the approval of such fee.
Section 7. Annual Reports. Prior to August 15 of each year the Fairway Woods II Condominium
Association Housing Improvement Area is in existence, the Association (and any successor in
interest) shall submit to the City Clerk a copy of the Association's audited financial statements.
Section 8. Notice of Right to File Objections. Within five days after the adoption of this
ordinance, 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
ordinance; notice that owners subject to the proposed Housing Improvement Fee have a right to
veto this ordinance 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 ordinance; and notice that a copy of this ordinance is on file with the City
Clerk for public inspection.
Section 9. Amendment. This ordinance may be amended by the City Council upon compliance
with the public hearing and notice requirements set forth in Minn. Stat. 428A.13.
Section 10. Effective Date. This ordinance 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 ordinance,the ordinance shall not become effective.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 191h day
of November, 2013, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 3`d day of December, 2013.
D 0'
Kat een Porta, City Clerk anc ra- e yor
Published in the Eden Prairie News on the 121h day of December, 2013.
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
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14305,Apartment Ownership No. 15, Fairway Wood 14305 Fairway 10-116-22-32-0030
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14307,Apartment Ownership No. 15, Fairway Wood 14307 Fairway 10-116-22-32-0031
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14309,Apartment Ownership No. 15, Fairway Wood 14309 Fairway 10-116-22-32-0032
Condominium No.2, located in Hennepin County. Dr
Apartment No. 14301,Apartment Ownership No. 15, Fairway Wood 14301 Fairway 10-116-22-32-0028
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14311,Apartment Ownership No. 15, Fairway Wood 14311 Fairway 10-116-22-32-0033
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14313,Apartment Ownership No. 15, Fairway Wood 14313 Fairway 10-116-22-32-0034
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14315,Apartment Ownership No. 15, Fairway Wood 14315 Fairway 10-116-22-32-0035
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14317,Apartment Ownership No. 15, Fairway Wood 14317 Fairway 10-116-22-32-0036
Condominium No.2, located in Hennepin County. Dr
Apartment No. 14319,Apartment Ownership No. 15, Fairway Wood 14319 Fairway 10-116-22-32-0037
Condominium No.2, located in Hennepin County. Dr
Apartment No. 14321,Apartment Ownership No. 15, Fairway Wood 14321 Fairway 10-116-22-32-0038
Condominium No.2, located in Hennepin County. Dr
Apartment No. 14323,Apartment Ownership No. 15, Fairway Wood 14323 Fairway 10-116-22-32-0039
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14325,Apartment Ownership No. 15, Fairway Wood 14325 Fairway 10-116-22-32-0040
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14327,Apartment Ownership No. 15, Fairway Wood 14327 Fairway 10-116-22-32-0041
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14329,Apartment Ownership No. 15, Fairway Wood 14329 Fairway 10-116-22-32-0042
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14331,Apartment Ownership No. 15, Fairway Wood 14331 Fairway 10-116-22-32-0043
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14333,Apartment Ownership No. 15, Fairway Wood 14333 Fairway 10-116-22-32-0044
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14335,Apartment Ownership No. 15, Fairway Wood 14335 Fairway 10-116-22-32-0045
Condominium No. 2, located in Hennepin County. Dr
Apartment No. 14337,Apartment Ownership No. 15, Fairway Wood 14337 Fairway 10-116-22-32-0046
Condominium No.2, located in Hennepin County. Dr
Apartment No. 14339,Apartment Ownership No. 15, Fairway Wood 14339 Fairway 10-116-22-32-0047
Condominium No.2, located in Hennepin County. Dr
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF ORDINANCE NO. 18-2013
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ESTABLISHING
THE FAIRWAY WOODS 11 CONDOMINIUM ASSOCIATION HOUSING
IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES 428A.11 to 428A.21.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
The following is only a summary of Ordinance No. 18-2013. The full text is available for public
inspection by any person during regular office hours at the Office of the City Clerk.
SUMMARY: The Ordinance sets forth findings and establishes the Fairway Woods II
Condominium Association Housing Improvement. The Ordinance sets forth the area, the
approved housing improvements, terms relating to fees, required reports and the right of owners
to file an objection.
EFFECTIVE DATE. This ordinance 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 ordinance,the ordinance shall not become effective.
ATTEST:
d�
athleen Porta, City Clerk N y -L ns a
PUBLISHED in the Eden Prairie News on December 12, 2013.
Affidavit of Publication
Southwest Newspapers
State of Minnesota )
CITY OF EDEN PRAIRIE )SS.
HENNEPIN COUNTY,MINNESOTA County of Hennepin )
SUMMARY OF ORDINANCE
NO.18-2013
AN ORDINANCE OF THE CITY
OF EDEN PRAIRIE, MINNESOTA
ESTABLISHING THE FAIRWAY WOODS Laurie A. Hartmann, being duly swom, on oath says that she is the authorized agent of the
II CONDOMINIUM ASSOCIATION publisher of the newspaper known as the Eden Prairie News and has full knowledge of the facts
HOUSING IMPROVEMENT AREA herein stated as follows:
PURSUANT TOMINNESOTA STATUTES
428A.11 to 428A.21 (A) This newspaper has complied with the requirements constituting qualification as a legal
THE CITY COUNCIL OF THE CITY newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
OF EDEN PRAIRIE, MINNESOTA, amended.
mended.
The following is only a summary of 3 s 9/
Ordinance No. 18-2013. The full text is (B)The printed public notice that is attached to this Affidavit and identified as No. .b
available for public inspection by any was published on the date or dates and in the newspaper stated in the attached Notice and said
person during regular office hours at the Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
Office of the City Clerk. the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
SUMMARY:The Ordinance sets forth inclusive,and is hereby acknowledged as being the kind and size of type used in the composition
findings and establishes the Fairway and publication of the Notice:
Woods II Condominium Association
Housing Improvement. The Ordinance abcdefgh�jkhnnopgrstuvwxyz
sets forth the area,the approved housing
improvements,terms relating to fees,
required reports and the right of owners ���✓V VlN
to file an objection. B
EFFECTIVE DATE. This ordinance
shall be effective 45 days after adoption Laurie A.Hartmann
hereof, provided, however, that if
owners of 45% or more of the housing
units within the Fairway Woods II Condominium Association Housing Subscribed and sworn before me on
Improvement Area file objections with
the City Clerk within 45 days of the
shall not of the office,the ordinance 11��'
adoption of the o
-- effective. this day of 013
Nancy Tyra-Lukens,Mayor
ATTEST: Kathleen Porta,City Clerk
(Published in the Eden Prairie News on
Thursday,December 12 2013•No.35M JW M E J EAN N E7E BARK
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