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082800 EDAOfficial File Copy CITY OF NEW HOPE EDA MEETING City Hall, 4401 Xylon Avenue North August 28, 2000 President W. Peter Enck Commissioner Sharon Cassen Commissioner Don Collier Commissioner Pat LaVine Norby Commissioner Mark Thompson 1. Call to Order 2. Roll Call 3. Approval of Regular Meeting Minutes of August 14, 2000 4. Discussion Regarding Correspondence/Funding Assistance Request Received From L'Esperance Owners Association, 7924-8020 51st Avenue North 5. Adjournment CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 Approved EDA Minutes Regular Meeting August 14, 2000 City Hall CALI TO OR Ea ROLLCALL APPROVE MINUTES TAX INCREMENT FINANCING ASSISTANCE Item 4 MOTION Item 4 ADJOURNMENT President Enck called the meeting of the Economic Development Authority to order at 9:13 p.m. Present: W. Peter Enck, President Don Collier, Commissioner Pat LaVine Norby, Commissioner Mark Thompson, Commissioner Absent: Sharon Cassen, Commissioner Motion was made by Commissioner Norby, seconded by Commissioner Collier, to approve the Regular Meeting Minutes of July 24, 2000. All present voted in favor. Motion carried. President Enck introduced for discussion Item 4, Discussion Regarding Request for Tax Increment Financing Assistance for Avtec Building Expansion and Regional Stormwater Pond Improvements, 9101 Science Center Drive (Planning Case No. 00-11). Mr. Kirk McDonald, Director of Community Development, explained that at the July 24 meeting, the EDA directed staff to meet with a financial consultant and report back to the EDA with a preliminary recommendation. He stated Krass Monroe completed several cash flows showing estimates of the amount of tax increment revenue which could be generated if the property at 9101 Science Center Drive was included in a tax increment district. Mr. McDonald stated the benefits to the City are marginal compared to the risks involved. He noted the City does not have any firm plans for regional ponding or trails, and therefore staff advises against the creation of a TIF district. Mr. McDonald stated staff has notified the developer of staff's recommendation and they are still prepared to proceed with the Artec building expansion project. Motion was made by Commissioner Collier, seconded by Commissioner Thompson, not to proceed with creation of TIF district. All present voted in favor. Motion carried. Motion was made by Commissioner Thompson, seconded by Commissioner Norby, to adjourn the meeting. All-present voted in favor. Motion carried. The New Hope EDA adjourned at 7:36 p.m. ~tfully s~ed, Valerie Leone City Clerk New Hope EDA Page 1 August 14, 2000 EDA REQUEST FOR ACTION Originating Depazbaient Approved for Agenda ED~Agenda Section Community Development 8~0 Item No. By:Kirk McDonald By:./--/×/ DIscus,s, ION REGARDING CORRESPOI~NCEIFUNDING ASSISTANCE REQUEST RECEIVED FROM L ESPERANCE OWNERS ASSOCIATION, 7924'8020 51.ST AVENUE NORTH ACTION REQUESTED The City has received the attached correspondence from the President of L'Esperance Owners Association requesting funding assistance to make needed improvements to their properties located at 7924-8020 51st Avenue North. They are requesting that the City consider creating a Housing Improvement Area similar to the project completed at Sandpiper Cove, to allow improvements to be made to the properties and then assessed against each owner. Staff desires to discuss this request with the EDA to determine if you want to direct staff to coordinate with the owners on an improvement project or not. POLICY/PAST PRACTICE In 1997/98, the City Council approved the creation of a Housing Improvement Area for the Sandpiper Cove Townhome Development near 42nd and Boone Avenues. The creation of the district allowed the owners of the 36 owner-occupied townhomes to make significant repairs and improvements to their properties, in an amount of approximately $600,000 and pay off the debt by assessment. BACKGROUND For the past year, representatives of L'Esperance Owners Association have been discussing with staff the need for improvements to their properties and methods of financing the improvements. Staff made them aware of the Housing Improvement Area that was created for the Sandpiper Cove Townhomes. The City recently received the attached correspondence from the President of the Owners Association requesting that consideration be given to utilizing the same program/process for their properties. The properties are located on the north side of 51st Avenue North, just west of Winnetka Avenue, and are located in an R-3 Medium Density Residential Zoning District. There are two buildings included in the Owners Association (7924-7934 and 8008-8020) and each building contains six units, for a total of 12 units. The buildings were constructed in 1962 and are noted in the Comprehensive Plan for declining building and site conditions. The correspondence requests assistance in making improvements to the properties, including new roofs, gutters and downspouts, windows, doors, drain tile and parking lot improvements. The estimated cost of MOTION BY SECOND BY // - Ol RFA-O01 Request for Action Page 2 8-28-00 the improvements listed is $125,000. The current assets of the Association are approximately $8,000. The Association is currently in the process of getting bids on some of these items. If the Council is receptive to potentially pursuing this project, staff would recommend that the City inspectors review the properties to determine if other improvements should be included in the project. The Association has indicated that they would be open to incorporating additional improvements into the project. As the EDA is aware, the City has in place a variety of funding programs for the rehabilitation of single family homes and apartments, however, it has been more difficult to find funding mechanisms for the rehabilitation of owner-occupied multiple family units, such as townhomes and condominiums. Several years ago the State Legislature passed legislation allowing municipalities to create housing improvements districts. The steps to establish a Housing Improvement Area are outlined below by the City Attorney. 1. Initially, the Council would need to adopt an enabling ordinance specifically defining the improvement area or areas and specifically indicating the necessary improvements to be made within the area. The City cannot adopt this ordinance on its own initiative. Before such an ordinance can be considered, there must be a petition by at least 25 percent of the owners within the proposed area requesting the enabling ordinance. 2. Before adoption of the enabling ordinance, the City would need to conduct a public hearing. At the hearing and within the ordinance, the Council would need to make findings that the necessary improvements will not be made if the housing improvement area is not created and making the improvements within the area is needed to maintain and preserve the area's housing units. Further, the enabling ordinance will allow the City to impose a fee against the benefiting property owners to pay for the cost of the improvements. 3. The property owners within the improvement area also have veto power over the ordinance. In other words, if 35 percent of the property owners object to the ordinance after its adoption, it will not take effect. As a result, the effective date of the ordinance must be at least 45 days after its adoption by the City Council. During that 45-day interim period, the property owners, after all receive notice of the ordinance and its contents within five days of its adoption, can file an objection to the ordinance with the New Hope City Clerk. If 35 percent of the owners object, the ordinance is void. 4. If the ordinance is not vetoed, property owners can individually object to their inclusion in the improvement area or the imposition of fees against their properly. The objection procedure works similar to the special assessment challenges found in Chap. 429. Also, the City will need to hold a second public hearing before it can collect fees or specially assess properties for payment of the improvement costs. Again, this works like the special assessment procedure found in Chap. 429. In conclusion, if the EDA directs staff to coordinate with the owners on this request, staff would suggest that the next immediate steps include: A. Meeting with the owners to further define the extent of the improvements, including input from the inspectors. B. The property owners submitting a petition requesting the adoption of an enabling ordinance. The owners understand that the creation of a Housing Improvement Area is a several month process, so in all probability the improvements could not be made until the spring of 2001. ATTACHMENTS · Correspondence from Owners Association · List of Improvements · Maps · Comprehensive Plan Excerpts · Past City Attorney Correspondence on this August ll, 2000 Kirk Mc Donald New Hope City Council City of New Hope 4401 Xylon Avenue North New Hope, Mn 55428 Dear Kirk, We are writing to you as an association to request your assistance in a matter of great importance to us. As residents of the City of New Hope, L'Esperance Owners Association members take pride in where we live. However, the condition of our townhomes is deteriorating at a rate with which we cannot keep up. We understand the City of New Hope takes pride in the condition of its resisdential properties. We want to be proud of our townhomes and to have them be an attractive and pleasant enhancement to this City. At various levels of urgency, our homes desperately need new roofs, gutters and downspouts applied, windows, Doors, Drain Tiling applied in each basement and New Blacktop Paving for one of our two Parking lots and Sealcoating for the lot we had done a couple years ago. So we have been keeping up with regular maintenance. Our assets right now are about $8000.00 which is not enough to cover the work we need to have done. We figure the total ammount for all improvements would be about $125,000. The improvements we are requesting your assiStance with are vital and would benefit us as well as the City of New Hope. The property would be more attractive and pleasing with new Roofs, Gutters and Downspouts, Blacktop Paving, Windows and Doors. We hope that by receiving this letter you will see our serious concern and dedication to this subject. Once again we ask you to carefully consider the possibility of assisting us with the special funding So improvements can be made. Respectfully, President of L'Esperance Owners Association, Rita Kolodjski And residents of the L'Esperance Owners Association Here is a rough estimate of the Repairs and Replacements of the following: Roof $ 23,770.00 Gutters $ 4,150.00 Windows $ 59,360.00 EntryDoors $ 18,960.00 Storm Doors $ 6,360.00 Drain Tiling $ 6,000.00 Blacktopping $ 5,800.00 Total $124,400.00 8201 5201 5147 6,T16 8512 5121 To To 8O08 7924 51 ST AVE N 50TH AVE N 5OO0 4965 4957 4972 4964 4965 4957 4948 7820 7720 4856 4857 4848 4849-- 4856 7901 49TH 7 51ST AVENUE x 920.0 NORTH ~ 92~ .0 ~ <3 × 51 ST x AVENUI 920 · 2 NORTH ~9.2 .V B,-2 I-1 HOSTERMAN JR HIGH SCHOOL R-3 I-1 I-1 WINNETKA ELEMENTARY SCHOOL ;~c,---._ '-.~.~ : e---~o~' ........... '~, '; ~ / .~-. .......... 48TH AVE ,;'-~j-.~ ~ ~b~ '"' , ............ ~ HOPE ' : / ~ LUTHERAN ~'<" ; - I CHURCH <L. COOPER HIGH SCHOOL . 55']'H ST C CHURCH .~ i II TOWER ~ ~ ~ ~ ~ ~.-.-.1 ~ ? ~ ......... .... , ~.-' /~ ~ ~ ~ NEW HOPE -,/~'~...z~....--~ ~-~'~ ELEMENTARY *x'"¢;'~ ¢; : t SCHOOL .... .-.... ~ ...... ~ , .. ,. ~. ,~ L . ..'~: '-.~_ ..,-~-' · . '~-"-,--.' '. ',' ~-.: ~ ..... ;-~''' ~ '. ~.%'-.--": __ ----__ I '' " "' 'S ' ' ' '- ~ ~/2-~ ....... ~ , ..; ': ~ ............. - ....... ~-. - Z~ul AVE N ~ ;AVE N h"--~ i ~---! r-. ,;~':, :..-..~ ....... i .... ~'"'-'~.-.~ i.-, 49TH AVE 6 19 We~t Broadway street and streel~cape (multi-jurisdictional ~m~ oC~olCCou~e Qub Nouse o¢ medium and high densi~ ~sidential a~a / red~elopment sites al re~eiopment sites e / Bass Lake Bad inter~ection realignment -- Vacant lots -- Pledium density redeveiopment ~acant (Pond Place development opportunities) --Industrial redevelopment site (demolish existing building) expansion / cooperative rearrangement with City --Fred Sims Park parking and turnaround ~,5ingle £amily redevelopment area --Commercial redevelopment · 42nd Avenue, Xyion and 45th streetscape I'ledium density redevelopment opportunity (Twin Homes) ~ In place industrial issues Drainage issues Irregular Ci~ b.oundary, ... , Plannin~l Districts PLANNING DISTRICT 8 Planning District 8 is found in the center of New Hope and includes, as well as surrounds, Cooper High School and New Hope Elementary School. Quebec Avenue borders on the east and Boone Avenue on the west, with dynamic northern and southern boundaries. This area is characterized by its public/semi-public uses and their surrounding Iow density residential neighborhoods. The following recommendations are offered for Planning District 8. 1. The Iow density residential neighborhoods are generally in good condition. The City has undertaken some scattered site residential development within the neighborhood north of 49th Avenue. The City will continue to encourage the maintenance and enhancement of its Iow density areas through private reinvestment in homes, enforcement of the Housing Maintenance Code, and scattered site renovation and redevelopment programs. The medium density housing located along 51 st Avenue displays declining building and site conditions. Area redevelopment is recommended. The high density residential land uses at the corner of Xylon Avenue and 45th Avenue face flooding issues due to its proximity to an adjoining wetland. Efforts to remedy this flooding problem should be investigated. The Homeward Bound Group Care Facility is currently vacant. Future reuse of the facilities will be evaluated with regard to the use's compatibility with surrounding residential neighborhoods. o Cooper High School and New Hope Elementary School are located in the center of Planning District 8. Compatibility-issues with regard to the high school and adjoining neighborhoods have identified issues pertaining to students leaving the school (trespassing, littering, and noise). The City will work closely with the School District to monitor ongoing issues and undertake efforts to mitigate existing problems. City of New Hope Comprehensive Plan Upda&. 92 Development Framework Policy Plan Accomplish transitions between distinctly differing types of land uses in an orderly fashion which does not create a negative (economic, social or physical) impact on adjoining developments. Infill development of compatible land uses shall be strongly encouraged. Where practical, conflicting and non-complementary uses shall be eliminated through removal and relocation. RESIDENTIAL GOALS Goal 1: Policies: Provide a variety of housing types, styles and choices to meet the needs of New Hope's changing demographics. Through infill development and redevelopment efforts, increase life cycle housing opportunities not currently available within the City (i.e., high value housing, townhomes). Promote medium density attached housing to address the needs of an expanding empty nester or independently living elderly population. Continue the City's efforts to provide special needs housing for people with various types of disabilities. Goal 2: Policies: Co Maintain and enhance the strong character of New Hope's single family residential neighborhoo(:s. Promote private reinvestment in the City's single family housing stock. Examine City development regulations ~'o provide greater development flexibility for single family homeowners. Prevent the intrusion of incompatible land uses into Iow density single family neighborhoods. City of New Hope Comprehensive Plan Update 12 Development Framework Pofic, y Plan Aggressively enforce the City's housing maintenance regulations. Provide community education and information to local property owners on home maintenance, repair, and assistance opportunities. Pursue the redevelopment of substandard single family homes when it is judged not economically feasible to correct the deficiencies. Encourage neighborliness through block clubs, block parties or neighborhood associations. Goal 3: Policies: Promote multiple family housing alternatives as an attractive life cycle housing option. Eo Redevelop substandard multiple family properties that display deteriorated building conditions, no site amenities, poor site design, or incompatible land use patterns when it is judged not economically feasible to correct the deficiencies. Adhere to the highest community design and construction standards for new construction and redevelopment projects. Accompany medium and high density development with adequate accessory amenities such as garages, parking, open space, landscaping, and recreational facilities to insure a safe, functional, and desirable living environment. Consider mixed land uses as an alternative land use option in planning and redevelopment of obsolete commercial or industrial sites. Encourage neighborliness through block clubs, block parties or neighborhood associations. City of New Hope Comprehensive Plan Update 13 Development Framework STEVEN A. SONDRALL MICHAEL R. I-~FLEUR MARTIN P. MALECHA WILLIAM C. STRAIT1~ 'J~APPROVED ADR NEUTRAt Co~cx & SOXOm~t.L, P.A. ATTORNEYS AT LAW Edinburgh Executive Omce Plaza 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 425-5671 FAX (612) 425-5867 LEGAL ASSISTANT SHARON D. DERBY March 27, 1997 Kirk McDonald Management Asst. City of New Hope 4401Xylon Avenue North New Hope, MN 55428 RE: Loan Request for Housing Improvements/Sandpiper Cove Association Our File No: 99,11155 Dear Kirk: This letter is your long awaited response regarding your question about the loan and other funding options for needed improvements at the Sandpiper Cove Townhome Development. It is my understanding the property owners in the development need collectively between $200,000 to $300,000 for replacement of siding, replacement and/or repair of defective decks and other structural problems. It is my further understanding the Townhome Association is severely underfunded and as a result are without any reserves to pay for these needed repairs. The Association has also informed us neither the Association or the individual unit owners can arrange a private loan. Banks apparently will not transact business with the Association and the individual unit owners lack equity in their units sufficient to secure a loan by a mortgage against the individual units. The City has two options it could implement to assist the Association and individual owners at the Sandpiper Cove Development as follows: 1. Bond counsel has indicated we could provide loans to either the Association or the individual unit owners utilizing our existing TIF funds. Basically, we would be acting like a private banking institution taking back mortgages from the individual owners and/or the Association as security for the loans. Unfortunately, the City has the same problem as the lending institutions in this regard. Namely, lack of unit equity as security Kirk McDonald March 27, 1997 Page 2 for the loans. Nor do we want to become owners of the units in the event of default on the loans requiring foreclosure of the proposed mortgages and quite possibly being subject to superior first mortgages already in place on the property. Our second option involves establishing a housing improvement area under Minn. Stat. §§428A.11 through 428A.21. As you know, this law was enacted during the 1996 legislative session. Basically, it allows us to define a housing improvement area, permits us to make improvements within said area and assess the benefiting properties for the cost of the improvements much like the special assessment procedure under Chap. 429. This appears to be a more viable solution to the funding problem for Sandpiper Cove than direct loans to individual property owners from excess TIF funds secured by a mortgage. The remainder of this letter will briefly detail how the City could implement a housing improvement area for the Sandpiper Cove Development or any area in the City. Initially, the Council would need to adopt an enabling ordinance specifically defining the improvement area or areas and specifically indicating the necessary improvements to be made within the area. The City cannot adopt this ordinance on its own initiative. Before such an ordinance can be considered, there must be a petition by at least 25% of the owners within the proposed area requesting the enabling ordinance. Before adoption of the enabling ordinance, the City would need to conduct a public hearing. 7 days published notice and 10 days mailed notice to all property owners within the proposed area is required for the public hearing. At the hearing and within the ordinance, the Council would need to make findings that the necessary improvements will not be made if the housing improvement area is not created and making the improvements within the area is needed to maintain and preserve the area's housing units. Further, the enabling ordinance wil] allow the City to impose a fee against the benefiting property owners -to pay for the cost of the improvements. However, the ordinance must also specify the basis for the imposition of the fee and the number of years it will be in effect. The property owners within the improvement area also have veto power over the ordinance. In other words, if 35~ of the property owners object to the ordinance after its adoption it will not take Kirk McDonald March 27, 1997 Page 3 effect. As a result, the effective date of the ordinance must be at least 45 days after its adoption by the City Council. During that 45-day interim period the property owners, after all receive notice of the ordinance and its contents within 5 days of its adoption, can file an objection to the ordinance with the New Hope City Clerk. If 35~ of the owners object, the ordinance is void. If the ordinance is not vetoed, property owners can individually object to their inclusion in the improvement area or the imposition of fees against their property. The objection procedure works similar to the special assessment challenges found in Chap. 429. Also, the City will need to hold a second public hearing before it can collect fees or specially assess properties for payment of the improvement costs. Again, this works like the special assessment procedure found in Chap. 429. Collection of fees also may take two forms. It can be done either by an ad valorem tax or it can be done like a special assessment to benefitted properties. If done like an ad valorem tax, it would be based on the net tax capacity of the property, the square footage of the property, or some other method determined by the Council. If it is done like a special assessment, we would need to codify special assessment regulations and incorporate them in the ordinance. If an improvement area is established, the repairs would be done as a public improvement. This may potentially require the City to act like a general contractor for repairs on private property. Obviously, we would be subject to the Uniform Municipal Contracting Law for letting contracts. Further, it creates numerous liability and warranty issues involving the completed work. I would not consider this program unless we had extensive releases, hold harmless and indemnification agreements with the involved property owners. It would also allow the City to issue general obligation bonds to finance the construction costs in lieu of using TIF funds. Finally, this law has a sunset provision of June 30, 2001. After said date, no housing improvement-areas can be established pursuant to Minn. Stat. §428A.11, et al. Therefore, we do have some time to consider this kind of funding option for the Sandpiper Cove Development. Some extensive work is involved to establish a procedure for creating housing improvement areas. I have contacted the League of Minnesota Cities to find out if other municipalities have Kirk McDonald March 27, 1997 Page 4 implemented a program like this under Minn. Stat. §428A.11. Possibly, there is a model ordinance developed by the League or we could obtain ordinances from other cities that have already adopted this program. Before we get into this project too far, ! think we need direction from the City Council whether they would be willing to entertain this kind of program for the Sandpiper Cove Development or any other area within the City requiring this kind of assistance. At any rate, I will not do anything further unless I receive direction from you or the City Manager to proceed. Please contact me if you have any other questions or comments regarding the content of this letter. Very truly yours, Steven A. Sondral slt4 Enclosure CC: Daniel J. Donahue, City Manager (w/enc) Jerry Gilligan, Esq. (w/enc) · § 428A.11' SPECIAL SERVICE DISTRICT8 HOUSING IMPROVEMENT AREA . '~ 428A.11; Housing improvement' areii~":'defini ' ' : ' . · , v. .; .. ,. ............. . ;~. , t:.ons . ·: S,ibd.'2. "tit2? "City" meins a he'ii:rule cliarter Or'statut~i~ eitS,.' , ' ' ' the city council establishing the houiinii improvement area,:, ..... ~..,.: ~,. ,.~ :...; . ~:. Sub(L .4.' Housing improvementt. ~'Housing improvenlents" has the meaning given in the city'z enabling ordinance. Housing improvements may.include improvements to eommo~ elements..ot~ condo .m~inm. . :::.. ...... DISTRICTS thoiconcluaion of the hear~g .by a Subd. 3. Proposed housing improvem provide a preliminary listi: The listing shall identify those impr 'gl or a portion of the common elements those housing units that have complete proposed to be exempted from a portion of with the residents of the area and the cond ~ :~Sulxl. 4.". Benefit; objection.' Before ! , it is to be adopted, the owner of a housin may file a written objection with the city c ~' Subd'.:$. ' Hi)hsing' improvement: area~" "Housing improvem~rit area" m'ean's a 'cl~fined ,be included in the area or should not be; ]f'the housing unit in the area, for the rea area within the city where housing improvements are made or constructed and the costs of :improvements. the improvements are paid in whole or in part [rom fees imposed within the area.: real propertj, and impro0ements thereon [ [.~ending its determina~on, the governing I eonsisting~f a one-dwelling unit, or an apartment as described in chapter 515 or 515A, thit is oeeupicld by a person or family for use as a resideneg. , . - ' ..... : ,, · [~rndopt the ordinance with a reservation th ............... ' ' · I'~.i~ housing improvement or fee wher t,,a.,o, a,.c .u.o.n .ma,~'be' 1~. 'eh. under, sectiahs"428A, l'3 'itid' a.D~l'~l 'unle'~ 'awner~: of ~ p~nl~ or notice upon the mayo more o~ me l~ousing unit* ~at'would '~ subject to fees in'the propoi~d h0using'iiiiproi/iinent of the district eom w ;area rtle a'petitioh reqiegtinl~ ii Public hiaring on the l~rOpoied action' with the city cleric': No the ai~peliant a Certified copy of th 'court my .amrm action o jec ,.h~.o.,~ .U!.e.PrgPg~,.f.e.e with.~.e ~,tT, ~..~.k ocother.apprepriate officiaL,~-. · II . .~.. c [][ .taxed '~'i the SI{l~nl,t.b¥ .the",~ourt an, ..... ~..1!..,u~._l~. prvvement area. Th o ' ' . . .. ubdivision 1. Authority. Fees ma) ....... ..area, Da.aLs Io1' [Zie ul~po~l o o e ' number ol~ ears the fee ' ' ~ ..... .. , .,,, ..... ti 11.. ~:~ ~_ees, a~.d the [~hir~l to' provide ho~tsing improvement · ..,,,~, ,ma:~ousmg: unprovement.,are, a, the .proposed improvements could not .... ;by'Lhe'e°.~d°mi~!um az~'!~tlona or'h~uain~' [u~t o ........... J ...... be..ma, de [o~?i~Oit;.0r "i method determined by the c. maintain'and .... " " . ,,,ra~,.imu.me aeslgnauon m nee(led; to ~.:.ilmpost~o.'~' 0f' a . · thi'fees, hearing'muit b preserve, the housing units .within the housing improvement .area...'I"ne o~.rd_in_~..ee may n, ot, .b.e,., adopte..d.' u.n. til a pu. blie hearing has bee..n held regardinlr . [~.'::newspapeit it least seven days. before U the. ordinance. ' , ...... · .e orumanee may ~e nmenaed by the governing body of the cit}/; p}ovide~ the govei:ning [t' ''her°re the'hearing to'any he.sing unit.o, body complies with the phblie hearing notice previsions Of subdivision 2. Within 3 ~ ~he'n0tice 'must also include: 'adoption'of the:onlinine~'und thi.~ ..M~-:-' .... . ... ' 0 days alter :. Sub& 2.' Public heiring;, The notice of public hearinir rhUst inek!de the time and plak'e of hearing, a map showing the boundaries of the proposed area, and a statement tha owning housing,, unit~ in' the ...... -~, .......... t all persbns .... ~,~-u. 'area .ma~ woma oe Subject to. a 'fee' for housing mun~o~ve_m_.e_n~ ,will b~, ..give..n an op..portunity to be heard at the hea~ing,. Notice of th ,_ ,,..~ .~.ven.oy puoli.cation in me official newspaner of the cirri: ~'~-' __t ..... e. ~e neicl at leas[ seven days o~r ,u- .gu,..__.._ ;~. .... ,.j. z.c puuuc nearing mus~ n^, ............... ??.~,.~/ -,= ~-ouca-on. l~oc mss'w, an ten days before the hearin the pttrpose of giving ,~. ailed ~tice, .owners .a.re..thosg.sh,own on the reeorcLs or the: county auditor. OLlier:~ordi riii~y, used to supply the' neeessarY'infoi;mati6n: At tha'public hearing a person-owning proioe'~{y in the proposed housiii~' improvement area 'may testify on any issues relevant to the proposed area. The hearing may be adjourned from time to.time. The ordinance establLshing the area may be adopted at any time within six months after the .134 ii. :).[ (1) s statement that all interested Per :'hearing regarding a proposed housing im , : (2) the estirnated cost of improveme~ [~?~ whole ~r in part by the fee imposed unde .~IO ' I i;~'., ..,~,' ~tii ,(3!. ~ amgm!~.,t to be charged, against t B~ .(6~·,B, s~ent th~L the Peti. tiou· requ B,.no.~thin six.months of the pubhc hear ,?t xce. e 'nii the ~{,~i'Pr{0'r ~o ad0~tion of the resolution apl ~["~n, the: houzing, improvement . area shall SPECIAL SERVICE )VEMENT AREA ~itions ~ections.428/kl~ to 4~A.20, the t~ hatter or statutory city. ' ' · ' ' ' ordinance" means the~0rdin~ce ng improven~ents" has ~he' meaning :merits may include improvements to lousing improvemdnt area" ni~an'~ 'a nts are made or constructed and the -om fees imposed within the area.: :~ "re;~ property and imProVements nt as described in chapter 515 or 515A. 3 and 42~3uli 'unless 6Whet/: of 2/ to fees in the proposdd ~ the propo.4ed action with repose a fee unless owners'of 25 osed fee"file a petition ' .other appropriate official:.. · . Ch{ area body of the city may adopt an ordinance e ordinance must specifically describe .the basis for the imposition Of t~e'lees, and the idition, the ordinance must include findings proposed improvemen~ could not be made owners, and the designation is needed, to 3n the housing improvement area..The ~ng has been held regarding the ordinance. g body of the city, provided the governing sions of subdivision 2. Within 30 days after :he governing body shall send a copy of the hearing must include the time and place of' ~sed area, and a statement that all persons : would be Subject to a fee for housing. card at the hearing. Notice of the hearing ~per of the city. The public hearing must Not less than ten days before the hearing,. ~using unit within the proposed area. For hose shown on the records of the county he necessary information. At the public housing improvement area may tesO~y on .~ing may be adjourned fi.om time to time.: ,d at any time v,'ithin six months after the :cL~ sgavlc~ Om~RIO~ I§ 4~14 ,da~ ~ ~e ~ncl~ion of ~e h~g ~y a vo~ of ~e ~o~ty .of'~.~g.~Y. . , .,. ..... ~, ,...,, .. .: SuM. a. Pro~s~ housing imp~emen~,' At:~e publf~'~'~ld ~ ~e dty.sh~l pr~de a ~5~ ~g of ~e housing,~p~eman~-~,~ '~a. ~e listing sh~l iden~y ~:~pmge~n~,'ff any, ~i~ ~! or a ~on of me common e~emen~ of a ~naominium. ~o~ housing uni~ ~at have mmple~ ~e pm~ ho~ ~ ~e ~laen~ ti ~e ~ ~o ~e ~nuo~ ~m~ . . . g ~ ~ ~ ~op~, ~e ~er of a ho~g u~t ~ ~e p~ may ~e a ~t~n obj~on ~ ~e dry d~k ~g ~t ~e ~z p~ ~ att ~ ~cludM ~ ~e ~ or shoed not ~ aubj~ ~ a f~ ~d obj~g ~ ~e ~d~on of . ~e ho~g u~t ~ ~e ~ for ~e ~n ~t '~e g~',~d.. . nok,~t. :; ,~ ~e "~p~vemen~. . , . '. .. ............. , -.~v, Pen~g i~ de~Oon, ~e ~g ~y.~y o~y ~opuon:o~.~e.a~.~_~ adopt ~e o~ce ~ , ~,,on ~t ~e ~d~ ~:~ ~e ho~g ~p~vement ~ or ~ when ~e de~ ., .,. %:.:.....?, :,,' :,',~.;" . obje~on, ~y .~on ~M, who ~ ~o~ ~udM h~g,"oF~hoSe f~ .W, obj~ ~ co~ .by.se~g 4 ' ,~e ' · f~h ~e 'roomy 428~14. Improvement f~s au~on~ not,ce ~d he--g, l;~sod 'r~na~',bt, .~l.l,a.t ' Subdi~sion I. Authority. F~ may ~ ~ by ~e dry on ~ m p~de hou~g ~pmvemen~ ~ ~e ~,' ~e ~. ~. ~ ~o~ ~ u~m . o~ ~e ~'ap~ty of me ho~ing u~; or me ~ mount o(~ u~ or a me~M de~nM by ~e eoun~ ~d s~ ~ ~e ~Omuo~' ~o~ me ~si6on of ~e'f~, a he~g m~ ~ 'held ~d bocce 'm~t ~ 'pub~hM ~ ~e offi~ n~spa~r at l~t ~ven ~ ~fom ~e h~g ~d s~ ~ ~ at l~t ~ days ~fo~ the he~g ~ ~y ho~g ~t ~er subj~ ~ a f~.' For p~s~ of ~ ~on, · e'noa~ m~t ~ ~clude: ' .... ' ..... ' .... (I) a sa~ment ~at ~ ~ ~ ~ ~;~ = o~~iy ;~'~ h~ ,t'~e h~g ~g a pm~ ho~g ~pmv~ent f~; " . (2) ~e ~a~ ~st of ~pmvemen~ ~du~g ad~~e.~.~W. ~. ~ for.~ whole or ~ p~ by ~e f~ ~ ~der ~e o~; ~ (gi ~d mOunt ~ ~ ~ ~.~e p~ pmk..,.. :;.c, ,...,, ,. ..... (4) ~e ~h~ of ~e pm~ ~ ~ p~pay ~e.en~ f~;..-.. (5) ~en~ofye~:f~~'~'~d ,,. L . ~. ': : .... ';' ~6) a s~ment ~t';'~e' ~on ~men~ Of ~on.~12 ~ve ~ ~ met or do not apply ~ ~e proposed ~. : , : :: .. ...Wi~ s~ monks of ~e pubic h~g, ~e dry .may ~opt a ~olugon ~ ~e ~ not ~e~ng ~e ~ount ~ ~ ~e notice ~u~ ~d~ ~ ~on. Prior ~ adop~on of ~e ~olu~on appm~g ~e f~, ~e ~ndo~ ~0~ l~ ~ ~e ho~g ~pmvement ~ sh~ sub~t ~' ~e d~ ~ '§ 428A.14 SPECIAL ~SERVICE :DISTRICTS .independent~:third, part~, 'acceptable '.to: the .city. and., az~clati0n&, that. provides for 'the associations to finance maintenance and operation of the common elements in the condomini- um a~! ~.lorlg:.v~. gq 10.1,~. ~to ~onduct and .tin,ce capital impro, vements,~;,,~r. ,~, - , ' ; Sub&'~. ;~ ,.I~ limi~,Fees!imposeg under this' section, ar~ not inch]d~'i~i' the"~ilcul~/ti/~n 428A.15. Collectmn of fees .... ' +.i,The city~ma~ provide fgr ~he co~ection of the.ho'using improvement feea.according to the At 'any.time afcer, a ~contract for the construction of all or part of an improvem~{t ahthorfzed under ~ectibn~ ~28A. H to 428A.20 baa be~n 'entered into or theWork haz'been akins ...... r,~v~men~, mcmamg every. ~em oz cost from inception to ~ompletior/ ~ r,.OCALi IMPROVEMENTS does not become effective. If owners of subject to the fee under section 428A.14 effective date of the resolution, .the resolutio~ ; Law~ 1996, c. 471, ~ 8,,[ 14. 428A.19. Annual ~rts' .. Each condominium association located August 15 annually, submit a copy of its may also, as part of the 'enabling re'dina information from the associations. '~ :~ La~ 1996o e. 4TI, art. 8, 428A.20.,' Special assessments.' · "Withi~.~'~~ ho~ing'tmprovement are~, the fee authbrized in section 428A. 14, special a.~ · '.'. The gov .e.ming' biid¥ ,of. the city may. ~ ,ection.' .. ',. ~ '., ..... ,by · . .,?; · ., .. ,,.~ .Lavm 1996, c. 471, ~t,:8, · a'-: .. , ' . Il . ' . ,4~8A.21. ,. Sunse{ '~:! "" '" ~f.ees and.~es:incurred i~ ~'onnection.~vith the i~provement or. the.financing,. ;.:. ~:; .,. ... No new housing improvement areas may ',~4~..,a:.'l.a,.?r' .Ir0 .m ~.~. ~,r gp~ial ..a~...~tnents or'~;evenu~ i~a~abl~:~ be}led 'ed for the'/r provided., that it receives enabling, legisla, .payment' unaer c~artei~ 'or statutor'~'!idthoritv" -r e~.- ,_.: __, : ...... Il ... he 'g0vei'ning b~d~"mav "bC're 0 ~r,~,,: ,~,~^~.,;..~ :~' .~'_ ~;o,.,,~ ~wu, or ,mo,r~. qI. m0 .s~. sources. ' 'rt/e ' L~a 199~ c. 471, ~ 8, § 17. ' ~.;,~ ...,__.~:, ..__,~..~., ,.~,~,s. l.u..y,t ,uo~:, ~,ur w me sale oz oougations,'~led~ the ~,' ~ ' ' ..... - ....... g,~..W of the c~ty to assure payment of the nnd · · ~ ;': ' '" ..... ' the roceedsofth~'fe . .; ....... ... . .., . .. p pal andmterestit' t ' .... ;P_, ; ,. ,:. ,~ in thdsrea insufficient to a the ' ' ' - . :i .... . ..... Ch; -obliratioris rn,,~' ~ ;~a.;~,;~,~.:~a~_a~_,,__ ~ ...... p.._Y., .. pnpapal and Interest; The '.'~:L':, .,.;. ,,~ t'. , · ..... .~ · -.,. ~, . . "~7 '~ .tt~...%T"~..'?h=~urua~lce'wlLli 'e..lla I~.r'.47,~' ex t : · . . ,.,~I. '.;o.b~ 'r,. "i,,;'q,[ ". ' · ... ..' re rare -' ......... ... ,.~ ...... .p .., ,.~ eep .~at ~n'election ~s not . , , · ~, ~e a~y unaer me prov~,or~ or any law or charter li/ni~'d~iit?"': :'~.',' :' :. ,,'.:i::.- ;'7.: .T:~' ;S~i;. ''~: ~,:,i:~,.,' ,,.i .... i ,.,...;, ,,~,.-: :.:.,, ;~:... Laws 1996, C. 471, art 8,'i'i2. ' :' :" . ~"..,' ~ -~ 8 .r~, ri'~-. , ; ,.~ ', " ..... ,, .: .... - ........ . --,., . "429.0ili' 'Defi~lt/g~s?d'' ':' ~.~i-,~:.'l : ' -. <'.,~., ...... :,.:~ .... :-.,, ........ ' " -' ~ .'. ' . ~ . .:42~.0~17"1~~'~i~ ~&~/~l?i~'a ,: ':.. ...... cl..-, ,¢ i~'~.~, '-r a ,,.,.. ~- -.. · · . . 'sdJ ima..;:~q,; .~. .;~e gore ~ · ,. f. ~. ; ., ,;,,dh~ ",, ,,.. ~..., 'J~::d ~,: :~.j- ,.9.i7,:~: :;if~',.: , J mil t[:~g a'i.:b'q! :;a'r: ...... ' ," '..... :: ,.~J~ . , ,ut, W~ e lanriin .an/l co f./~/ction o ~ous .......... ~ ~. ,t~ p g -. T, ; ~,,,.0. 'i.,. m:..r~, I.',.~..;1 ...... ..... ~ ~. , .. ii. mg.~n .roy ent~ ......... 'coI1slder ~or mi%,i'i~,u:., '---'L?_".f.~ · ,./,..~.', ap.l~.m..~.'g .the ~ '~,a~. th~.;coun.cil shall underground:., spa~.., development~, · ,. . . ,,. ,,,,~,.~.ma,u . members ,OI con~lolhinium .... " '. ...... :=, ,f. public.~a~ilitie~ see § 469.137. . un 'v ....... ..F., .... . ..... . .... as,soaatiorm located, m the housm ...... .. ,to , ie. comm?n aUo, "', ";'" .'.' ' .',, . ~ o,,ue ~n roveme .......... . ....... ~ ,._,_ernm ...... l.~[Deflnitions..;, .,,?' ':'. '. ad~_,:· .....:~ : - ~?.?.r, un .,l?.se. ,iees,.va..t:l?n the. houamg unprovement area. Before the ;:~"' ." ....... it unprovemen~ '; the adviserv ha~_~! ;~' ,--' ,_C .. . r,.o,~,,=,~ wzmm.~ne housing ~.,.' ....~ :i~.:.i ::.. ,;:L ':. "In[See main · ~ ---, ...... a~e housing unprovem~ut area's '.'" " " "~'"9 # ' ;' · '.~- .' ...:: '~.. ' ,., opportunity to review and comment oon the nmna,,I .... hall have an Subd. 2b; . Mumc~pality' ~o. includes ....... ,,: .... . .i;..,,.-., ..... .u..,,p~, ~__;~,__f.:._,~. . .', . .. ... pursuant to an~"bthe~ law'in the case of Laws I996, ¢. 471, ~ 8, J'l~[~' ~ ....... ~4 '." ',! .... c~ ....i i:',~.L'.'Jutll! l::~ .,l;iJ .~r,.,l..-.-u.,:: .- 1.: .. town road including curbs and gutters and . · ..... ~[ll~ ~ llle OO~eeJlO~ 'lie ~ - ' · ' ' ' .... . . . ~x~ m~ ~ ac le~ 4b ~a~ ~ it ~ aaop~d. Wi~ ~e ~. ~. ~opUon~ ~e o~'oy.'~ogl ~~ of'~e ore,nee' or ~lufion s~' ~ ~ed ' · ~' · · , ,. ~ . P'ol ~i. '~ ?~e ~ sh~ ~dude a n ~C~ that ~ ' a fee have 's' ~zht ~~ ~,a: ..... ~,~ ,., .. ............. ~ ........ :~ subj~ ob'cc ' · ~'. -,= o,~c~ or ~oluuon oy ~g-~e ~ ' -n ' ~ Uons ~ ~e a~ ~k ~o~ ~e -~"--- ~ ................ ..:., ~ ~.~ ~ber of copy of: ~e o~ ..... = ua~ o~ me or~ or ~oluSon ~d ~at or:'~olufion..~ ton ~e.~ ~i '5~:.d~k f~,~pubHc. ~on. Subd. 2: ' ~i~aG~me~'i;f ~:~ ~'~iaen~'5f'~'~ent'~ ~'~fma '%~g ~ ~e ~ea subj~t ~e'.f~'.ffie'~.obje~on: W'~e o~ ~op~ ~'~e dty under sec~on 4~.13 ~ ~e. ~ ~erk. b~ore'~e eff~vel da~,of'~e o~c~ ~e or~n~ · .126 8PE~ : and. associations,* that !provides .for of the common elements in the apital '.unprovements ...... ~ ~ctJon ~ no~ tnclfid, or charter. ,.;:..;:;,,:.:[ .-iT :-.. .' '" ~'- ':' ' "~' :',', ', .... . ' ',, lo'using, tmO. rovem~t ~, , ..:. ..., ..,t . :... ,.:; ,,.:,,.~ .. , .: · . :etlon of all or part of ~ been entered into or the work hag'been ;su~' obligations'tn the'mount it :dm e incurred and estimated to l~ incurred cost from inception to ~ompletior/'~d"i~l ~provement or the.financing. ,~roceecls r~venu~g liOaflabl~ from tw$ 'or more~ to,the ~ p~ym'eht' ~t'to pay'~e principal and tnte/-est: The a 'Pmt~ru '~4~ ;~~aat :~ ~l oe~e~tl;°~letiSd en~tt ~ppomt an adv~ory bOard for the housing ing body in eonneetion'with the l~lamiing ~ppeinQng the board, the COuncil shall ~n a.s.soeiations located in' file ho~sing recommendations to the governixig body housing improvemer~t area. Before the rovide improvements within.the housing asing improvement area shall have an ;.' ;The effective date ;f m'~:ordin:~e or L14 must be at least'45 days after it is iinanee or resolution,, a summar~ of the er of each housing unit included in the hall include a notice that OwnerS subject lution by ~ing the require'number of e of the ordinance or resolution and that th the 'city clerk for'public inspection. 35 percent or more of the h6u~ing units ~e ordinance adopted by the city under ye date of the ordinance, the ordinance does not become effective. If owners of 35 perce~ bt,more ~ther~lotMt~q~lltaLtax.~pd~itY subject to the fee under section 428A.14 file an objection with the eity.elerk,~oefore the effective date of the rezolutiom~he ~ez0kttio~ doe~not become e~feettve. Esch condominium am~iation localed .wttMn~,fl~e,houstnff improvement area '.m_ust, by 'Within i' ho?:sin~'t~/~i~h~iii ~ '~e~ governing body'~f the dry .ms'y, in Mdl~n to the · he ~ov~ing I~l¥?.the dty.;nay,'.by ordinance sdopt regulations No new housing imprOVement areas may ~ ~Blished Unde~-,~.'Ot~:~l,~...Id 2M=:~p~t~ .~o melud~ any ~ not M~g :~ ~ pmu~t ~ ~y:b~ .~w M ~e ~ 'of ~on, ~~on or ~pmvment of d~e~ '~d 'e~pmefit' ~s~ ~ °r Ou~ide'f& b~ for '~ p~ p~ '}f ~n~ of su~. ~. For fom~ ~ ~ ~ :~4281t~.05~. :SI~-R(IIALq~ERVICE~:D ISTRICT8 ,~sea .oa'net, Iax~ ciq~dt~my, be;pgyabl~i Lnd :collected:g.:th~ Same,~n~ ~nd,ln:.the ,came manner as provided;for payment and collection of ad :valorem-.taxes~~. When'~e payable in ~~ ~ ~ ~e ~p~em~g.~d ~em]~'~a]ab]i; to'~'p]eaged'-rol; th~ p Ijt~,e.','ss]e'.of obligations, led . ' t oz m~ prmcip~, az~d in st ff the