HomeMy WebLinkAboutItem 06.lApril 4, 2014
Item No.
ORDINANCE TO RESCIND THE HOUSING IMPROVEMENT AREA FOR NIAKWA VILLAGE II
ADDITION AND APPROVE A HOUSING IMPROVEMENT AREA AGREEMENT WITH THE
DAKOTA COUNTY CDA
April 7, 2014 City Council Meeting
Proposed Action
Staff recommends adoption of the following motions: Move to adopt the attached ordinance
rescinding the previously approved Housing Improvement Area for Niakwa Village II Addition AND
approval of a Housing Improvement Area Agreement with the Dakota County CDA.
Passage of this motion will result in all aspects of the Niakwa Village II Housing Improvement Area
(HIA) being administered by the Dakota County CDA.
Overview
In June of 2012, the City Council approved the creation of a HIA after receiving a formal petition
requesting the creation of a HIA from the Niakwa Village II Homeowners Association. Petitions were
signed by 62% of the owners in the association. Minnesota Statutes require a minimum of 51 % in
order to consider the creation of HIA.
The HIA was created as a way to finance the costs for exterior improvements that are the
responsibility of the homeowners association. The improvements were proposed to be financed by
the Dakota County CDA and were to be repaid by individual owners. The actual imposition of fees
will require an additional hearing which has not yet been held.
Since June of 2012, the Dakota County CDA has received legislative authority to create HIAs. After
numerous discussions with representatives of the Niakwa Village II Homeowners Association and the
CDA, it was determined that it would be preferred for the CDA to administer all aspects of this
proposed HIA. Staff recommends approval of the attached ordinance rescinding the previous City
HIA Ordinance and approval of the HIA Agreement with the CDA.
Primary Issues to Consider
Will this action still result in the necessary exterior improvements being financed and
completed? Yes it will.
Supporting Information
• Ordinance rescinding previously approved Niakwa Village II HIA
�� • HIAA nent wit kota County CDA
David L. Olson
Community and Economic Development Director
c: Andrea Brennan, Dakota County CDA, Carin Rosenqren, Keller Property Management
Financial Impact: $ None Budgeted: Y/N Source:
ORDINANCE NO.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE RESCINDING CITY OF LAKEVILLE ORDINANCE NO. 892
COWERING THE NIAKWA VILLAGE SECOND ADDITION HOUSING
IMPROVEMENT AREA
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. City of Lakeville Ordinance No. 892 is hereby rescinded and repealed in
its entirety.
SECTION 2. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this
City of Lakeville, Minnesota.
ATTEST:
Charlene Friedges, City Clerk
1756042
day of , 2014, by the City Council of the
CITY OF LAKEVILLE
Im
Matt Little, Mayor
HOUSING IMPROVEMENT AREA AGREEMENT
By and Between
CITY OF LAKEVILLE, MINNESOTA,
and
DAKOTA COUNTY COMMUNITY DEVELOPMENT AGENCY
Dated as of , 2014.
107380280
HOUSING IMPROVEMENT AREA AGREEMENT
THIS HOUSING IMPROVEMENT AREA AGREEMENT (this "Agreement"), made on or as
of the day of , 2014, by and between the CITY OF LAKEVILLE, a Minnesota
municipal corporation (the "City"), and the DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY, a Minnesota public body corporate and politic organized and
existing under the laws of the State of Minnesota (the "CDA").
WITNESSETH:
WHEREAS, the City and the CDA are authorized to establish housing improvement areas under
Minnesota Statutes, Chapter 428A, Sections 11 to 21 (the "Act"); and
WHEREAS, pursuant to Minnesota Statutes, Section 471.59, the governmental entities are
authorized to jointly exercise any common powers; and
WHEREAS, the City received a petition from the Niakwa Village 2nd Addition Home Owners
Association requesting a public hearing on the establishment of a housing improvement area; and
WHEREAS, the City has previously adopted Ordinance No. 892, creating the Niakwa Village
Second Addition Housing Improvement Area (the "Niakwa HIA"), however, the CDA and City
have subsequently determined that it is in the best interest of both parties that the CDA establish
and administer the Niakwa HIA pursuant to the Act;
WHEREAS, the City has rescinded Ordinance No. 892, and the City and the CDA desire that the
CDA establish and administer the Niakwa HIA pursuant to the petition described above and the
Act;
NOW THEREFORE, in consideration of the mutual covenants and obligations of the CDA and
the City, the City and CDA hereby agree as follows:
The CDA will exercise all powers under the Act with respect to the Niakwa HIA, will
pay costs and receive all fees associated with such Niakwa HIA.
2. This Agreement constitutes conclusive evidence that the City has approved establishment
by the CDA of the Niakwa HIA for purposes of Minnesota Statutes, Section 383D.41,
Subd. 10.
3. Neither the CDA nor the City shall be liable for the acts or omissions of the other in
connection with the activities to be undertaken pursuant to this Agreement.
4. This Agreement shall be in effect through the term of the Niakwa HIA. There is no
property which will be acquired by the CDA or the City pursuant hereto that would need
to be distributed at the end of the term hereof.
5. This Agreement may be executed in any number of counterparts, each of which shall
constitute one and the same instrument.
107380280
IN WITNESS WHEREOF, the City and the CDA have each caused this Agreement to be
duly executed in its name and on its behalf as of the date first above written.
CITY:
CITY OF LAKEVILLE, MINNESOTA
By:
Name: _
Its: Mayor
By:
Name: _
Its:
CDA:
DAKOTA COUNTY COMMUNITY
DEVELOPMENT AGENCY
Bv:
Name: Mark Ulfers
Its: Executive Director
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