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HomeMy WebLinkAboutOrdinance - 15-2014 - Establishing Edenvale Highlands Housing Improvement Area - 05/29/2014 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 15-2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ESTABLISHING THE EDENVALE HIGHLANDS HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES 428A.11 to 428A.21 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 Edenvale Highlands Housing Improvement Area, as further defined herein, in order to facilitate certain improvements to property known as Edenvale Highlands; and WHEREAS, as required by Minn. Stat. 428A.13,the City held a duly noticed public hearing on May 20, 2014 to consider the establishment of the Edenvale Highlands 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 May 20,2014, and all other information provided: A. Owners of the housing units within the proposed Edenvale Highlands Housing Improvement Area have filed a petition with the City Clerk, requesting 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 Edenvale Highlands Housing Improvement Area signed the petition and that the petition complies with the requirements of Minn. Stat. 428A.12. B. Without establishment of the Edenvale Highlands Housing Improvement Area, the Housing Improvements could not be made by the Association or the owners of the housing units. C. Designation of the Edenvale Highlands Housing Improvement Area is needed to maintain and preserve the housing units within the area. D. All requirements of Minn. Stat. 428A.I I through Minn. Stat. 428A.21 have been met and it is appropriate to establish the Edenvale Highlands Housing Improvement Area. Section 3. Implementing Entity. The City will be the implementing entity for the Edenvale Highlands Housing Improvement Area. Section 4. Housing Improvement Area. The Edenvale Highlands Housing Improvement Area is hereby established on the property legally described as "Edenvale Highlands Lots 1-8, Block 1, Hennepin County, Minnesota." As of the date of adoption of this ordinance, the Edenvale Highlands Housing Improvement Area contains 8 housing units,along with common areas. Section 5. Housing Improvements. A preliminary list of the housing improvements to be made in the Edenvale Highlands Housing Improvement Area was available at the public hearing held on May 20,2014 ("Housing Improvements"). 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 Edenvale Highlands 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 common elements to be improved and the equal effect on all units. C. 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. 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. D. Prior to construction of the Housing Improvements and release of any funds by the City all housing unit owners shall enter into a Special Assessment Agreement with the City waiving the procedural and appeal rights relating to assessment of the Housing Improvement Fee against the housing units. E. The City shall not release any funds relating to the Edenvale HIA except directly to a contractor who has performed work on the housing improvements. The City shall not release any funds except upon presentation to the City of all of the following for each requested payment: (i) an executed contract between the HOA and the contractor; (ii)written action, approved by all members of the Association, which action accepts the work and approves payment; and (iii) written lien waivers for the work completed to the date of the requested payment. Section 7. Annual Reports. Prior to August 15 of each year the Edenvale Highlands 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 Edenvale Highlands 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 Edenvale Highlands 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 Edenvale Highlands Housing Improvement Area file objections with the City Clerk within 45 days of the adoption of the ordinance,the ordinance shall not become effective. Section 11. Termination. If construction of Housing Improvements pursuant to this Ordinance has not begun within three years of the Effective Date of this Ordinance, the Edenvale Highlands HIA shall automatically expire. FIRST READ and finally read and adopted and ordered published at a regular meeting of the City Council of the City of Eden Prairie on the 20th day of May,2014. Ka leen Porta, City Clerk *Nc a- en , a or Published in the Eden Prairie News on the 29t' day of May, 2014. I I I CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA SUMMARY OF ORDINANCE NO. NO. 15-2014 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA ESTABLISHING THE EDENVALE HIGHLANDS 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. 15-2014. 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, establishes the Edenvale Highlands Housing Improvement Area, sets forth terms relating to fees, identifies required reports and describes 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 Edenvale Highlands 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: K thleen Porta, City Clerk N cy yra- e a r PUBLISHED in the Eden Prairie News on May 29, 2014. 1