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HomeMy WebLinkAbout0892ORDINANCE NO. 892 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE ESTABLISHING THE NIAKWA VILLAGE SECOND ADDITION HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, SECTIONS 428A.11 TO 428A.21. BE IT ORDAINED by the City Council of the City of Lakeville as follows: Section 1. Recitals 1.01. The City of Lakeville ( "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 Lakeville City Council ( "Council ") has adopted a Housing Improvement Area Policy. 1.03. The City has determined a need to establish the Niakwa Village Second Addition Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the " Niakwa Village Second Addition Townhomes," all in accordance with the Housing Improvement Area Policy. 1.04. The City has consulted with the Niakwa Village Second Addition Homeowners Association (the "Homeowners Association ") and the townhome owners regarding the establishment of the Niakwa Village Second Addition 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 (and more than 51% as required by the City's policy) within the Niakwa Village Second Addition Housing Improvement Area have filed a petition with the City Clerk requesting a public hearing regarding establishment of such housing improvement area. 2.02. On June 18, 2012, the City 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 Niakwa Village Second Addition Housing Improvement Area, were given an opportunity to be heard. 1 2.03. The Council finds that, without establishment of the Niakwa Village Second Addition Housing Improvement Area, the Housing Improvements (as hereinafter defined) could not be made by the Homeowners Association or the housing unit owners in the Homeowners Association. 2.04. The Council further finds that designation of the Niakwa Village Second Addition Housing Improvement Area is needed to maintain and preserve the housing units within such area. 2.05. The City will be the implementing entity for the Niakwa Village Second Addition Housing Improvement Area and the improvement fee. 2.06. The Council finds that the Niakwa Village Second Addition Housing Improvement Area meets each of the approval criteria contained in the Housing Improvement Area Policy, including the criterion that a majority of the Homeowners Association owners support the project and the Housing Improvement Area financing. The Homeowners Association presented evidence to the Council adequate to demonstrate that these criteria were met, including presentation to the Council of the petition described in 2.01 above. Section 3. Housing Improvement Area Defined 3.01. The Niakwa Village Second Addition Housing Improvement Area is hereby defined as the area of the City legally described as Lots One (1) through Fifty -two (52), and Outlot A, Niakwa Village Second Addition, Dakota County, Minnesota. 3.02. The Niakwa Village Second Addition Housing Improvement Area contains Fifty - two (52) housing units as of the date of adoption of this ordinance. Section 4. Housing Improvements Defined 4.01. For the purposes of this ordinance and the Niakwa Village Second Addition Housing Improvement Area, the term "Housing Improvements" shall mean the following improvements to the housing improvement area and common areas within the Niakwa Village Second Addition Housing Improvement Area: Building Exteriors Replace siding on thirteen (13) buildings Repair any underlying structural problems discovered during siding replacement Replace /repair decks as identified Replace garage doors as identified Replace outdoor lighting. 4.02 Housing Improvements shall also be deemed to include: 2 (a) all costs of architectural and engineering services in connection with the activities described in Section 4.01; (b) all costs incurred by the Association prior to the adoption of this Ordinance, but in furtherance of the construction of the housing improvements described in Section 4.01; (c) all administration, legal and consultant costs in connection with the Niakwa Village Second Addition Housing Improvement Area; and (d) costs of arranging financing for the Housing Improvements under the Housing Improvement Act; and (e) interest on the internal loan as described in Section 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 Niakwa Village Second Addition 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. Financing may be provided through available funds of the Dakota County Community Development Agency ( "CDA ") if such financing is determined to be cost effective. 5.02. The Housing Improvement Fee shall be imposed on the basis of the total cost of the Housing Improvements to be financed by the Housing Improvement Fee, divided by the number of housing units (all fifty -two (52) lots) within the Niakwa Village Second Addition Housing Improvement Area as of the date of any fee resolution. The Council specifically finds that such per -unit calculation is more fair and reasonable than a fee based upon the tax capacity or square footage of each housing unit, because the Association uses the per -unit basis for allocation of other costs among unit owners, and the benefits created by the Housing Improvements do not significantly vary by either the tax capacity or size of the units. 5.03. The Housing Improvement Fee shall be imposed and payable for a period no greater than fifteen (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 resolution imposing the Housing Improvement Fee may provide that any fee not prepaid by the housing unit owner shall be deemed to include interest on unpaid Housing Improvement costs at the rate of up to 6.75% per annum. W 5.06. The Housing Improvement Fee shall be collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes, in accordance with Section 428A.15 of the Housing Improvement Act and Minnesota Statutes, Section 428A.05. As set forth in Section 428A.14, subd. 2 of the Housing Improvement Act, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. 5.07. 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 Homeowners 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, and provided that the Council has secured the necessary bonds to finance the loan contemplated herein, the Council may begin disbursement to the Townhome Association of the proceeds of the bond sales (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. Financing may be provided through available funds of the CDA is such financing is determined to be cost effective. Section 7. Annual Reports 7.01. On May 1, 2013, and each year thereafter until there are no longer any outstanding obligations in connection with the Niakwa Village Second Addition Housing Improvement Area, the Homeowners Association (and any successor in interest) shall submit to the City of Lakeville and the CDA , a copy of the Homeowners Association's audited financial statements. 7.02. The Homeowners 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 and the Dakota CDA. 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 Niakwa Village Second Addition Housing Improvement Area: a summary of this ordinance; notice that owners subject to the 4 proposed Housing Improvement Fee have a right to veto this ordinance if owners of at least 45 percent of the housing units within the Niakwa Village Second Addition 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 10.01. This ordinance shall be effective 45 days after adoption hereof. Adopted by the Lakeville City Council this 18 day of June, 2012. ATTEST: By: Charlene 'Friedges Its: City Clerk CITY OF LAKEVILLE M '!I 'm By: Mark Bellows Its: Mayor 5 SUMMARY ORDINANCE NO. 892 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 892 ESTABLISHING THE NIAKWA VILLAGE SECOND ADDITION HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES, SECTIONS 428A.11 TO 428A.21 This ordinance establishes the Niakwa Village Second Addition Housing Improvement Area to facilitate certain common area improvements and financing of the improvements. The ordinance defines the housing improvements, provides the method for adopting and collecting a housing improvement fee, sets forth the terms for disbursement of the loan to the Townhome Association for the housing improvements, requires certain annual reports by the Homeowners' Association and requires mailed notice to property owners of the right to file written objections to the ordinance prior to the effective date of the ordinance. A printed copy of the entire ordinance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Minnesota, this 18th day of June, 2012. CITY OF LAKEVILLE BY: 01,-&- Mark Bellows, Mayor 164961 PUBLIC NOTICE SUMMARY ORDINANCE NO. 892 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 892 ESTABLISHING THE NIAKWA VILLAGE SECOND ADDITION HOUSING IMPROVEMENT AREA PURSUANT TO MINNESOTA STATUTES. SECTIONS 428A.11 TO 428A.21 This ordinance establishes the Niakwa Village Second Addition Hous- ing Improvement Area to facilitate cer- tain common area improvements and financing of the improvements. The ordinance defines the housing improvements, provides the method for adopting and collecting a heu.tu8 improvement tee, sets forth the terms for disbursement of the loan to the Townhome Association for the hous- ing improvements, requires certain annual reports by the Homeowners' Association and requires maned notice to property owners of the right to file written objections to the ordinance prior to the effective date of the ordi- nance. A printed copy of the entire ordi- nance is available for inspection by any person during the City Clerk's regular office hours. Approved for publication by the City Council of the City of Lakeville, Min- nesota, this 18th day of June, 2012. CITY OF LAKEVILLE BY: /s/ Mark Bellows Mark Bellows, Mayor ATTEST: /s/ Charlene Friedges Charlene Friedges, City Clerk '111543174 6/21/12 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) COUNTY OF DAKOTA ) SS Tad Johnson, being duly sworn on oath says that he is the managing editor of the newspaper(s) known as The Dakota County Tribune, and has full knowledge of the facts which are stated below: (A) The newspaper(s) has/have complied with all of the requirements constituting qualifications as a legal newspaper(s), as provided by Minnesota Statue 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed legal notice, which is attached was cut from the columns of said newspaper(s) and was printed and published once a week for one week; it was first published on Thursday, the 21st day of June, 2012, and was therefore printed and published on every Thursday to and including Thursday, the 21st day of June, 2012, and printed below is a copy of the lower case alphabet 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 abcdefghijklmnopgrstuvwxyz Managing Editor Subscribed and sworn to before me on this 21st day of June, 2012 Notary Public Sc,„1, JANICE ROSE SCOTT Notary Public -Minnesota /rv:v Ccmmission Expires Jan 31, 2014 6 v vvN VV 3058374