WELLINGTON CONDOMINIUM HOUSING IMPROVEMENT AREA

Minneapolis Code of Ordinances tit. 16, ch. 421, art. II

in effect

Minneapolis Code of Ordinances § 421.110 Wellington Condominium Housing Improvement Area.

421.110. - Wellington Condominium Housing Improvement Area. (a) The city has determined a need to establish the Wellington Condominium Housing Improvement Area as further defined herein, in order to facilitate certain improvements to property known as the "Wellington Condominium," all in accordance with the Housing Improvement Act. (b) The city has consulted with the Wellington Condominium Association of Minneapolis, Inc. (the "association") and with residents in the Wellington Condominium Housing Improvement Area regarding the establishment of such area and the housing improvements to be constructed and financed under this ordinance. (Ord. No. 2017-024, § 1, 5-26-17)

Minneapolis Code of Ordinances § 421.120 Findings.

421.120. - Findings. (a) The council finds that, in accordance with Section 428A.12 of the Housing Improvement Act and the city's housing improvement area policy, owners of at least seventy-five (75) percent of the housing units within the Wellington Condominium Improvement Area have filed a petition with the city clerk requesting a public hearing regarding establishment of such housing improvement area. (b) The council has on May 16, 2017, conducted a public hearing, duly noticed in accordance with the Housing Improvement Act, regarding adoption of this ordinance at which all persons, including owners of property with the Wellington Condominium Housing Improvement Area were given an opportunity to be heard. (c) The council finds that, without establishment of the Wellington Condominium Housing Improvement Area, the housing improvements (as hereinafter defined) could not be made by the association or the housing unit owners. (d) The council further finds that designation of the Wellington Condominium Housing Improvement Area is needed to maintain and preserve the housing units within such area. (e) For the purpose of providing full disclosure of public expenditures and financing arrangements for the Wellington Condominium Housing Improvement Area (as required under Section 428A.13, subd. 1a(1) of the Housing Improvement Act), the council determines that the city expects to finance housing improvements by issuing general obligation bonds primarily secured by the housing improvement fee imposed on unit owners within the Wellington Condominium Housing Improvement Act, and also secured by the city's full faith and credit and taxing powers, as further described in section 421.150 hereof. (f) In accordance with [Minnesota Statutes] Section 428A.13, subd. 1a(2) of the Housing Improvement Act, the council determines that the association will contract for construction of the housing improvements. (Ord. No. 2017-024, § 1, 5-26-17)

Minneapolis Code of Ordinances § 421.130 Housing improvement area defined.

421.130. - Housing improvement area defined. (a) The Wellington Condominium Housing Improvement Area is hereby defined as the area of the city legally described as follows: Condominium Number 635, Lots 1 and 2 Auditor's Subdivision Number 58, Hennepin County, Minnesota, according to the recorded plat thereof, on file and of record in the Office of the County Recorder in and for Hennepin County, Minnesota. (b) The Wellington Condominium Housing Improvement Area contains twenty-six (26) housing units as of the date of adoption of this ordinance, along with common areas. (Ord. No. 2017-024, § 1, 5-26-17)

Minneapolis Code of Ordinances § 421.140 Housing improvements defined.

421.140. - Housing improvements defined. (a) For the purposes of this ordinance and the Wellington Condominium Housing Improvement Area, the term "housing improvements" shall mean the following improvements to housing units and common areas within the Wellington Condominium Housing Improvement Area: (1) Repair back porches/stairways. (2) Repair masonry facade. (3) Electrical system upgrade. (b) Housing improvements shall also be deemed to include: (1) All costs of architectural and engineering services, overhead, and all similar soft costs in connection with the activities described in section 421.140(a), including without limitation costs of a professional construction manager. (2) All administration, legal and consultant costs in connection with the Wellington Condominium Housing Improvement Area. (3) Costs of financing the housing improvements under the Housing Improvement Act, whether through issuance of bonds or through advances of city funds, including the amount of any debt service reserve fund and city process expenses or other expenses deemed reasonable and necessary by the city in connection with such bonds and the financing described herein. (Ord. No. 2017-024, § 1, 5-26-17)

Minneapolis Code of Ordinances § 421.150 Housing improvement fee.

421.150. - Housing improvement fee. (a) The city may, by resolution adopted in accordance with the petition, hearing, and notice procedures required under the Housing Improvement Act, impose a fee on the housing units within the Wellington Condominium 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. (b) Any housing improvement fee shall be imposed on the basis of each unit's ownership percentage as attached to the petition filed with the city clerk. The council specifically finds that such allocation is more fair and reasonable than a fee based upon the tax capacity or square footage of each housing unit, because the association and unit owners themselves have determined that the percentage share for each unit set forth in the petition is an equitable means of allocating common costs such as the housing improvements. (c) The housing improvement fee shall be imposed and payable for a period of nineteen (19) years from January first of the first year fees are due and payable. (d) Any housing improvement fee shall not be prepayable except as otherwise specified in the resolution imposing the housing improvement fee. (e) 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 improvements costs at a rate to be calculated at the time of bond closing by the city finance officer. (f) 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. (g) The housing improvement fee shall not exceed the maximum annual 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, based on the actual bond issuance terms in the manner specified in such resolution. (Ord. No. 2017-024, § 1, 5-26-17)

Minneapolis Code of Ordinances § 421.160 Issuance of bonds.

421.160. - Issuance of bonds. At any time after the effective date of this ordinance and after the association completes construction of the housing improvements as determined by the city, the council may issue bonds in the principal amount necessary to finance the cost of the housing improvements that have not been prepaid together with up to one hundred seventy-five [thousand] dollars ($175,000.00) of financing costs including debt service reserve, costs of issuance of the bonds and city processing fee, provided that the principal amount of the bonds will not exceed one million five hundred twenty thousand dollars ($1,520,000.00). Such bonds shall be issued pursuant to and in accordance with Section 428A.16 of the Housing Improvement Act. (Ord. No. 2017-024, § 1, 5-26-17)

Minneapolis Code of Ordinances § 421.170 Annual reports.

421.170. - Annual reports. (a) On August 15, 2017, and each August 15 thereafter until the housing improvement fee and all interest thereon is paid in full and all housing improvement fee revenues have been expended, the association (and any successor in interest) shall be required to submit to the Minneapolis Department of Community Planning and Economic Development a copy of the association's audited financial statements. (b) The 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. (Ord. No. 2017-024, § 1, 5-26-17)

Minneapolis Code of Ordinances § 421.180 Notice of right to file objections.

421.180. - Notice of right to file objections. Within five (5) days after the adoption of this ordinance, the department of finance and property services is authorized and directed to mail to the owner of each housing unit in the Wellington Condominium Housing Improvement Area: (1) A summary of this ordinance; (2) Notice that owners subject to the proposed housing improvement fee have a right to veto this ordinance if owners of at least forty-five (45) percent of the housing units within the Wellington Condominium Housing Improvement Area file an objection with the city clerk before the effective date of this ordinance; and (3) Notice that a copy of this ordinance is on file with the city clerk for public inspection. (Ord. No. 2017-024, § 1, 5-26-17)

Minneapolis Code of Ordinances § 421.190 Amendment.

421.190. - Amendment. 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 Housing Improvement Act. (Ord. No. 2017-024, § 1, 5-26-17)

Minneapolis Code of Ordinances § 421.200 Effective date.

421.200. - Effective date. This ordinance shall be effective forty-five (45) days after the date of publication of this ordinance, subject to the veto rights of housing unit owners under Section 428A.18 of the Housing Improvement Act and section 421.180 hereof. (Ord. No. 2017-024, § 1, 5-26-17)

Source: City of Minneapolis, Minnesota, Code of Ordinances, City Charter and Park and Recreation Board Code of Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=MICOOR_TIT16PLDE_CH421HOIMAR_ARTIIWECOHOIMARFetched: 11/2/2026