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HomeMy WebLinkAboutCity Council Ordinance 1997-13CITY OF PLYMOUTH ORDINANCE NO. 97 -13 AN ORDINANCE ESTABLISHING THE SHENANDOAH TOWNHOMES HOUSING IMPROVEMENT AREA PURSUANT TO MINNESSOTA STATUTES CHAPTER 428A THE CITY OF PLYMOUTH ORDAINS: SECTION 1. Recitals. 1.01 The City of Plymouth (the "City") is authorized under Minnesota Statutes Chapter 428A (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 City has determined a need to establish the Housing Improvement Area (the "Area") as further defined herein, in order to facilitate certain improvements to property known as the "Shenandoah Townhomes", all in accordance with the Act. 1.03. The City has consulted with the Shenandoah Homeowners Association regarding the establishment of the Area and the housing improvements to be constructed and financed under this ordinance. 1.04. The City on June 18, 1997, conducted a public hearing, duly noticed in accordance with the Act, regarding adoption of this ordinance at which all persons, including owners of property and residents within the Area, were given an opportunity to be heard. SECTION 2. Findings. 2.01. The City finds that, in accordance with Section 428A.12 of the Act, owners of at least 25 percent of the housing units within the Area have filed a petition with the City Clerk requesting a public hearing regarding the establishment of the Area. 2.02. The City finds that, without establishment of the Area, the Housing Improvements (as herein defined) could not be made by the Shenandoah Homeowners Association or the housing unit owners. 2.03. The City further finds that designation of the Shenandoah Townhomes Housing Improvement Area is needed to maintain and preserve the housing units within the Area. SECTION 3. Housing Improvement Area Defined. 3.01. The Shenandoah Townhomes Housing Improvement Area is hereby defined as the area of the City legally described as Shenandoah First and Second Additions. 3.2. The Area contains 219 housing units as of the date of adoption of this ordinance. SECTION 4. Housing Improvements Defined. 4.01. For the purposes of this ordinance the term "Housing Improvements " shall mean the following improvements to the structures within the Area: (a) installation of new siding with vapor barrier, soffits and miscellaneous exterior trim, including all necessary preparation on the existing structures; (b) all electrical work necessary to facilitate the work indicated in (a) above; and (c) painting of existing concrete block, overhead doors, decorative gable louver, and exterior entry doors. 4.02. Housing Improvements shall also be deemed to include: (a) all costs of architectural and engineering services in connection with the activities described in Section 4.01; (b) all administration, legal and consultant costs in connection with the Shenandoah Townhomes Housing Improvement Area; (c) costs related to the issuance of any financing to fund the activities described in this Section; and (d) any financial guarantees or pledges provided by the City to induce a third party to provide financing for the Housing Improvements including the funds expended in the exercise of such guarantees or pledges. SECTION 5. Housing Improvement Fee. 5.01. The City may, by resolution adopted in accordance with the petition, hearing, and notice procedures required under the Act, impose a fee on the housing units within the Area at a rate, term, and amount sufficient to produce revenues required to provide financing for the Housing Improvements (hereinafter referred to as the "Housing Improvement Fee"), subject to the terms and conditions set forth in this Section. 5.02. Prior to adoption of the resolution approving the Housing Improvement Fee, the Shenandoah Homeowners Association shall submit to the City a financial plan prepared by an independent third party, both of which must be acceptable to the City, that provides for the Association to finance maintenance and operation of the common elements of the townhomes and a long-range plan to conduct and finance capital improvements. The Association shall also take whatever action necessary to adopt and implement these plans. 5.03. The Housing Improvement Fee shall be imposed on the basis of the cost to the City to provide financing to the Shenandoah Homeowners Association to undertake the Housing Improvements. Such financing shall be provided in accordance with agreements entered into between the City and the Association and any other parties acceptable to the City. The fee shall be adjusted annually to include any additional costs imposed upon the City as a result of its participation in the financing of the Housing Improvements and any delinquent fees. 5.04. The Housing Improvement Fee shall be imposed and payable for a period no greater than 20 years after the first installment is due and payable and as specified in the resolution imposing the Fee. 5.05. 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 Act. As specified in Section 428A.14. subdivision 2. of the Act, the Housing Improvement Fee is not included in the calculation of levies or limits on levies imposed under any law or charter. SECTION 6. Advisory Board. 6.01. The Plymouth City Council may create and appoint an advisory board to advise the City in connection with the planning and construction of the Housing Improvements and imposition of the Housing Improvement Fee. In appointing the board, the Council shall consider for membership, members of the Shenandoah Homeowners Association and give the advisory board an opportunity to review and comment upon any proposal to provide the Housing Improvements prior to its adoption by the City, in accordance with Section 428A.17 of the Act. SECTION 7. Annual Reports. 7.01. For as long as the financing for the Housing Improvements remains in place the Homeowners Association (and any successor in interest) will be required to submit to the City's Community Development Director a copy of that entity's audited financial statement, in a form and by a firm acceptable to the City, by August 15t' of each year. 7.02. Shenandoah 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 agreement or contract entered into between that entity and the City. gRCTION R_ Notifications. 8.01. Within five days after the adoption of this ordinance, the Community Development Director is authorized and directed to mail to the owner of each housing unit in the Area a summary of this ordinance; notice that this ordinance may be vetoed by the filing of objections to this ordinance with the City Clerk by 35% or more of the residents or 35% or more of the owners of the housing units in the Area before the effective date of the ordinance; and notice that a copy of this ordinance is on file with the City Clerk for public inspection. 8.02. Within 30 days after the adoption of this ordinance, the Community Development Director is authorized and directed to send a copy of this ordinance to the state commissioner of revenue. W..CTION 9_ Amendment. 9.01. This ordinance may be amended by the Council upon compliance with the public hearing and notice requirements set forth in Chapter 428A.13, Subdivision 2 of the Act. SECTION 10. Effective Date. 10.01. This ordinance shall be effective 45 days after adoption hereof, unless vetoed by objections to it filed by 35% or more of the residents of the housing units or 35% of the owners of the housing units subject to the Housing Improvement Fee in accordance with Chapter 428A.18 of the Act. o ely H. Tierney, Mafor ATTEST: Laurie F. Ahrens, City Clerk