HomeMy WebLinkAbout2067-96 - ADMIN Ordinance - City Council - 1996/06/03ORDINANCE NO. ,067_g6
ORDINANCE AUTHORIZING CREATION OF SPECIAL
SERVICE DISTRICT NO. 1
WHEREAS, the City of St. Louis Park (the "City") has the power to create a special service
district. Act of June 5, 1985, ch. 302 Minn. Laws 1448 (authorizing establishment of special service
distract); and
WHEREAS, the City has received a petition to establish a special service distract pursuant to
Minnesota Statutes, Secuon 428A.02 (the "Petition") from the owners of certain property located
within an area approximately bounded on the south by Excelsior Boulevard, on the north by 36th
Street, on the west by Highway 100 and on the east by Natchez Avenue South. The specific
properties included within this land area are identified on Exhibit A attached hereto and generally
depicted on Exhibit B attached hereto and the nght-of-way adjacent thereto, and
WHEREAS, the St. Louis Park City Council (the "City Council") has determined each of the
following
(a) the owners of at least 25 percent or more of said land area have signed the Petition;
(b) the owners of at least 25 percent or more of the net tax capacity of said land have
signed the Petition,
(c) only owners of property located within said land area have signed the Petition;
(d) only owners of property classified under Minnesota Statutes, Sec. 273.13 as
commercial, industrial or public utility purposes, or that is vacant land zoned or
designated on a land use plan for commercial, industnal or public utility purposes,
have signed the Petition, and
(e) it is appropriate to establish a special service distnct as requested in the Petition, and
WHEREAS, notice of the public heanng concerning the peution to establish a special service
distnct was published in the St Louis Park Sailor onApri 1 24 & May 8 , 1996. Additionally,
the City mailed said notice of the heanng to the owner of record of each parcel within the area
proposed to be included within the special service district. For the purposes of giving such mailed
nouce, the nouce was sent to those shown on the records of the county auditor The City Council has
determined that said notices were published and sent in accordance with the requirements of Minnesota
Statutes, Sec. 428A 02 The public hearing was held on May 20 , 1996 before the St. Louis Park
City Council
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ST LOUIS PARK DOES
ORDAIN•
Section 1. Establishment of District.
The City hereby establishes a special service district consisting of the properties identified on
Exhibit A attached hereto and depicted on Exhibit B attached hereto and the nght-of-way adjacent
thereto (the "District").
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Section 2. Services to he Performed.
2.01 Provision of Services The City may provide or contract for public services in
the District, except, however, that the special services provided shall not include a service that is
ordinanly provided throughout the City from the general fund revenue of the City unless an increased
level of service is provided in the District
services:
2 02 Descnption of Services The City may provide or contract for the following
(a) Snow and ice removal and sanding of public areas.
(b) Cleaning and scrubbing of sidewalks; cleaning of curbs, gutters, alleys,
and streets.
(c) Provision, installation, maintenance, removal, and replacement of
banners and other decorative items for promotion of the District.
(d) Poster and handbill removal.
(e) Repair and maintenance of sidewalks.
(f) Provision, installation, maintenance and removal of area -wide security
systems
(g) Provision and coordination of security personnel to supplement regular
City personnel.
(h) Provision, maintenance, repair, cleaning and removal of area
directories, kiosks, benches, bus shelters, newspaper stands, trash
receptacles, information booths, bicycle racks and bicycle storage
containers, sculptures, murals, and other public area art pieces.
(i) Provision, installation, maintenance, and removal of lighting on area
trees.
(1) Cost of electrical service for pedestnan and tree lighting.
(k) Repair of low-level pedestnan lights and poles.
(1) Provision of comprehensive liability insurance for public space
improvements
(m) Trash removal and recycling costs
(n) Provision, installation, maintenance, replacement and removal of
special signage relating to vehicle and bicycle parking, vehicle and
pedestrian movement, and special events.
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(o) Provision, watenng, fertilizing, maintenance and replacement of trees,
shrubbery and annual flowers and perennials on the public right-of-
way
(p) Maintenance and operation of a public transit system.
(q) Provision of promotion and administration
(r) Provision and maintenance of a reserve fund or capital reserve fund.
(s) Installauon, maintenance, and removal of capital improvements.
Section 3. Service Charge.
3 01 Petition Requirements Before taking any action to impose a service charge to
pay the cost of services descnbed in Secuon 2 based upon net tax capacity, owners of 25% or more of
the land area subject to the proposed service charge and owners of 25% or more of the net tax
capacity subject to the proposed service charge must file a petiuon requesung a public hearing on the
proposed action with the city clerk Before taking any action to impose any other type of service
charge to pay the cost of services described in Secuon 2, owners of 25% or more of the business
owners or individuals subject to the proposed service charge must file a peuuon requesting a public
heanng on the proposed action with the city clerk.
3.02 Relauonship to Service. The City may impose service charges against
properties located within the Distnct pursuant to Minnesota Statutes. The City may impose service
charges that are reasonably related to the special services provided. Charges for services shall be as
nearly as possible proportionate to the cost of furnishing the service, and may be fixed on the basis of
the service directly rendered, or by reference to a reasonable classificauon of the types of premises to
which service is furnished, or on any other equitable terms. Taxes and service charges may be levied
pursuant to this ordinance to finance special services ordinanly provided by the City only if the
services are provided in the District at an increased level and, then, only in an amount sufficient to pay
for the increase.
3 03 Limitation of Service Charges. Only property classified under Minnesota
Statutes, Sec. 273 13 as commercial, industrial or public utility purposes and located within the District
may be subject to the service charges imposed by the City. Property exempt from taxation by
Minnesota Statutes, Sec. 272.02 is exempt from any service charges based on net tax capacity.
Section 4. Imposition of Service Charge.
4 01 Public Hearing Before imposing a service charge in the Distract, for each
calendar year, the City shall hold a public hearing. At the hearing, a person affected by the Distract or
the proposed service charge may testify on any issues relevant to the proposed service charge. The
hearing may be adjourned from ume to time
4 02 Notice of Heanng The City shall give prior notice of the public hearing to
impose service charges required by Secuon 4.01. Notice of the public hearing must be mailed to any
property owner subject to the proposed service charge. Notice of the public hearing shall be given in
two (2) separate publications of the City's official newspaper two weeks apart and the public heanng
shall not be held less than three (3) days after the later publication. Not less than ten (10) days prior
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to the heanng, nouce shall be mailed to the owner of record of each parcel of real estate within the
Distnct. For the purpose of giving such mailed notice. owners shall be those shown on the records of
the county auditor. For properties which are tax exempt or subject to taxation on a gross earnings
basis in lieu of property tax and are not listed on the records of the county auditor, the owners shall be
ascertained by any practical means, and mailed notice given them
4 03 Content of Notice The nonce shall include:
(a) a statement that all interested persons will be given an opportunity to
be heard at the heanng regarding the proposed service charge;
(b) the estimated cost of improvements to be paid for in whole or in part
by service charges imposed, the esumated cost of operating and
maintaining the improvements dunng the first year and upon
compleuon of the improvements, the proposed method and source of
financing the improvements, and the annual cost of operaung and
maintaining the improvements,
(c) the proposed rate or amount of the proposed service charge to be
imposed in the Distnct dunng the calendar year and the nature and
character of the special services rendered in the Distnct dunng the
calendar year in which the service charge is to be collected;
(d) a statement that the petition requirements of Minnesota Statues have
either been met or do not apply to the proposed service charge, and
(e) if the City is adopting a resoluuon imposing a service charge for more
than one year, the information required by Section 4 05, below
4 04 Adoption of Resolution. Within six months of the public heanng, the City
may adopt a resoluuon imposing a service charge within the District not exceeding the amount or rate
expressed in the nouce issued under this Section
4 05 Multi-year Service Charee The City may adopt a resolution imposing a
service charge for more than one year The City must give nouce of such a resolution by including
with the nouce of public heanng required by Secuon 4 02, below and with the notice mailed with the
adopted resoluuon the following information
(a) In the case of improvements constructed within the Distnct, the
maximum service charge to be imposed in any year and the maximum
number of years charges imposed to pay for the improvements; and
(b) In the case of operating and maintenance services, the maximum
service charge to be imposed in any year and the maximum number of
years charges imposed to pay for the service, or a statement that the
service charge will be imposed for an indefinite number of years.
The resolution imposing a service charge for more than one year may provide that the maximum
service charge to be imposed in a year will increase or decrease from the maximum amount authorized
in the preceding year based on an indicator of increased cost or a percentage amount established by
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the resolution. Each calendar year, a public hearing must be held regarding the imposed service
charge. Nouce of the hearing must be given and must be mailed to any individual or business
organizauon subject to the service charge The notice must be sent in the manner specified in Secuon
4 02 The nouce shall include the information specified in Secuon 4 03(a) -(d). The purpose of the
heanng shall be to allow persons or companies affected by the service charge to testify on any issue
related to the service charge
Section 5. Imposition of Service Charges.
Except as otherwise provided herein, the service charges imposed shall be imposed
against parcels of real estate within the District in the manner and subject to the procedures provided
in Minnesota Statutes The service charges shall be imposed annually Service Charges may be
collected in advance of, contemporaneously with, or subsequent to the rendering of services to which
the Service Charges relate
Section 6. Collection of Service Charges.
6 01 Imposition and Collection. The City may impose service charges on the basis
of the net tax capacity of the property on which the service charge is imposed but must be spread only
upon the net tax capacity of the taxable property located in the District. All service charges may be
payable and collected at the same ume and in the same manner as provided for payment and collection
of ad valorem taxes. For purposes of determirung the appropriate tax rate, taxable property or net tax
capacity shall be determined without regard to captured or onginal net tax capacity under Minnesota
Statutes, Secuon 469 177 or to the distribuuon or contnbuuon value under Minnesota Statutes, Section
473F 08.
6 02 Penalty and Interest. When service charges are made payable in the same
manner as provided for payment and collection of ad valorem taxes, service charges not paid on or
before the applicable due date shall be subject to the same penalty and interest as in the case of ad
valorem tax amounts not paid by the respecuve date
6.03 Due Date The due date for a service charge payable in the same manner as
ad valorem taxes is the due date given in law for the real or personal property tax for the property on
which the service charge is imposed Service charges imposed on net tax capacity which are to
become payable in the following year must be certified to the county auditor by the date provided in
Minnesota Statutes, Sec. 429.061, subd. 3 for annual certification of special assessment installments.
Other service charges imposed may be collected as provided by ordinance
Section 7. Revenue Surplus.
To the extent that the total of Service Charges collected exceed the cost of services rendered
within the District, at the elecuon of the City, either (i) such excess amount shall be held as a reserve
to pay the cost of future services provided under this resoluuon, or (11) the next ensuing year's levy of
taxes and service charges shall be decreased by a corresponding amount
Section 8. Advisory Board.
8 01 Composition and Appointment An advisory board to be known as the Special
Service District Advisory Board consisting of a number of members determined by the City Council,
at its discreuon, who are residents of the Distnct or owners (or their representauves) of property
610/22104566 5/20/96
within the Distract, may be appointed by the City Council for terms of two (2) years beginning on
January first of each odd -numbered year, except that the first term may commence on a date other
than January 1 All advisory board members shall be appointed in conformance with the City's open
appointments ordinance - Any vacancy in an unexpired term shall be filled in the same manner as the
onginal appointment was made and shall be of the unexpired term. Advisory Board members shall
serve until their successors are appointed.
8 02 Role of Board. The advisory board shall advise the Cay Council in
connection with the construction, maintenance, and operauon of improvements and the furnishing of
special services in the Distract. It shall make recommendations to the City Council on requests and
complaints of owners, occupants, and users of property within the Distnct and members of the public.
Before the adopuon of any proposal by the City Council to provide services or impose taxes or service
charges within the Distnct, the advisory board of the District shall have an opportunity to review and
comment upon the proposal
8 03 Removal and Termination The City Council reserves for itself the nght at its
sole discretion to remove members of the advisory board, with or without cause, or to disband and
terminate the advisory board before the expiration of the Distnct.
Section 9. Veto Powers
9 01 Notice of Veto Riaht. Within five days after adoption of the ordinance
establistung the Distnct or a resoluuon imposing a service charge, the City shall mail a summary of
the ordinance or resolution to the owner of each parcel included within the Distnct and any individual
or business organization subject to the service charge For the purpose of giving such mailed notice,
owners shall be those shown on the records of the county auditor For properties which are tax
exempt or subject to taxation on a gross earnings basis in lieu of property tax and are not listed on the
records of the county auditor, the owners shall be ascertained by any pracucal means, and mailed
nouce given them
9 02 Content of Notice The notice must state that the owner, business or person
subject to the service charge has the nght to veto the ordinance or resolution by filing the required
number of objecuons with the city clerk before the effective date of the ordinance or resolution The
nouce must also state that a copy of the ordinance or resolution is on file with the city clerk.
9 03 Requirements for Veto
(a) Veto of Ordinance If the owners of 35 percent or more of the land
area in the Distnct subject to a service charge based upon net tax
capacity or owners of 35 percent or more of the net tax capacity in the
District subject to a service charge based on net tax capacity file an
objection to this ordinance with the city clerk before the effective date
of the ordinance, the ordinance does not become effective.
(b) Veto of Resolution -- Net Tax Capacity If the owners of 35 percent
or more of the land area in the District subject to a service charge
based upon net tax capacity or owners of 35 percent or more of the net
tax capacity in the District subject to a service charge based on net tax
capacity file an objection to the resolution imposing a service charge
based upon net tax capacity with the city clerk before the effective
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date of the resolution, ordinance. the resolution does not become
effective
(c) Veto of Resolution -- Other Basis If 35 percent or more of the
business orgaruzauons or individuals subject to a service charge file an
objection to the resolution imposing a service charge on a basis other
than net tax capacity with the city clerk before the effective date of the
resolution, ordinance, the resolution does not become effective.
9 04 Effect of Veto. In the event of a veto, no district shall be established during
the current calendar year and until a petition meeting the requirements set forth in this Section for a
veto has been filed.
9.05 Exclusion The veto powers of this Secuon do not apply to second or
subsequent years' applications of a service charge that is authonzed to be in effect for more than one
year under a resolution meeting the petition requirements of Section 3 01 and which has not been
vetoed under this Section 11 for the first years' application
Section 10. Enlargement of District.
Boundaries of the District may be enlarged only after hearing and notices as provided
in Minnesota Statutes Nonce must be served in the original Distnct and in the area proposed to be
added to the Distnct. Property added to the District is subject to all service charges imposed within
the District after the property becomes a part of the District if it is property that is the type subject to
the service charges in the District. Pennon requirements of Minnesota Statutes, Secuon 428A.08 and
the veto power of Minnesota Statutes, Section 428A.09 shall only apply to owners in the area
proposed to be added to the Distnct.
Section 11. Definitions and Construction.
The terms used herein shall be defined as provided in Minnesota Statutes, Chapter
428A and this ordinance shall be construed consistently therewith.
Section 12. Effective Date
This Ordinance shall be effecuve on the forty-fifth (45th) day following adoption,
which effective date shall be July 18 , 1996
ADOPTED BY THE CITY COUNCIL OF THE CITY QF ST LOUIS PARK June 3 , 1996
Attest
Ma or
City erk /(A.VS(L
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Review for administrauon
City Manager
61022104566 5/20/96
Approved as to form and execution.
City Attorftey
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Owner
1. Stewardship Properties III
2. Dayton Hudson Corp.
3. Park Center Ltd.
4.. AAA Minneapolis
5. ?NMC Holdings
6. Tower Place
7. Tower Place
8. ?NMC Holdings
9. PNMC Holdings
10. PNMC Holdings
11. MedCenters Inc.
12. PNMC Holdings
13. Koblas
14. Park Nicoll= Medical Cater
15. Palk Nicoilet Medical Center
16. PNMC Moldings
17 . Inter city investment Corp.
18 . Into; city investment Corp.
19. Intercity Investment Corp.
20 . Into. -city Investment Corp.
21. City of St. Locus Park
EXHIBIT A
Descnpnon
Norwest
Target
Byeriys
AAA Offices
P3rl ng facility
Park Vilage
McDonaids
Entrance Mall
CliinclParIcng
North of Clinic
Citizens
Parking facility
Zip Printing
Good Food/Com
Rehab Coate:
Comm/Med bldg.
Parking facility
Pool Store
B Dalton
Miracle M
Wolfe Park
Address
3601 Park c=ter Blvd
3601 St Hwy 100 S
3777 Park Center Blvd
5400 Auto Ciao Way
3900 Park Nicoilet Blvd
5500 Excelsior Blvd
5200 Excelsior Blvd
5100 Excelsior Blvd
3800 Park Nicailet Blvd
3800 Park Nicaile: Blvd
5050 Excelsior Blvd
5000 Exciesior Blvd
4950 Excelsior Blvd
4920 Excelsior Blvd
4916 Excelsior Blvd
4951 E.cceisior Blvd.
4961 Excelsior Blvd
4995 Excelsior Blvd
5001 Excelsior Blvd
5201 Excelsior Blvd
5005 36th St West
EDIT B
Proposed Special
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PtJBL Ic/1TIONS
S1,+Qnar suwo.r surrSYor
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
COUNTYOF HENNEPIN)
Denis L. Mindak
, being duly sworn on an oath says that he/she is
the publisher or authorized agent and employee of the publisher of the newspaper known as
Sun- S a i I or , and has full knowledge of the facts
which are stated below
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minnesota Statue 331A 02, 331A 07, and other applicable
laws, as amended.
(B)Thepnnted Ordinance No. 96-2067
which is attached was cut from the columns of said newspaper, and was printed and published
once each week, for one successive weeks, it was first published
Ila , 19 96 , and was thereafter
panted and published on every to and Including
, the day of , 19 , and printed below is a copy of
Wednesday ,the 12 day of June
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
abcdefghnklmnopgr tuvwxyz
Acknowledged before me on this
12 day of June
cfjok1Q,
Notry Public
64.45k!a wstromo msacrw
/.,...-7MEP,.EL M. HEDBLOM
:+• NCTu PUBLIC - MINNESOTA
HENNEPIN COUNTY
lev Commissron Expres Jan 31, 2000
.:30L aae6:i0:44.eccc ye g ,a
BY
City of St. Louis Park
(Official P
ORDINANC,
AN ORDINANCE AUTHORIZING CREATI
This ordinance establishes Special Service Distnct No 1
hereto and depicted on Exhibit B attached hereto and the n
be provided is contained in the full text of the ordinance av
Owner
1 Stewardship Properties III
2 Dayton Hudson Corp
3 Park Center Ltd
4 AAA.Minneapohs
5 PNMC Holdings
6 Tower Place
7 Thwer Place
8 PNMC Holdings
9 PNMC Holdings
10 PNMC Holdings
11 MedCenters Inc
12 PNMC Holdings
13 Koblas'
14 Park Nicollet Medical Center
15 Park Nicollet Medical Center
16 PNMC Holdings
17 Intercity Investment Corp
18 Intercity Investment Corp
19 Intercity Investment Corp
20 Intercity Investment Corp
21 City of St Louis Park
Desc
Norw
Targe
Byerl,
AAA(
Perim
Park
McDo
Entra
Chm
North
Citize
Parka
Zip P
Good
Rehab
Corne
Parlui
Pool S
13 Dal
Mrrac
Wolfe
er r
=Cd /
- + �G
TITLE Publisher
g 96
RATE INFORMATION
.1 Lowest classified rate paid by commercial users $ 2 15 per line
for comparable space
(2) Maximum rate allowed by law for the above matter $ 5 95 per line
(3) Rate actually charged for the above matter $ 1 09 per line
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"•'�' fin'
EXEI
Tlus ordinance shall be effective on the forth -fifth (45th)
1936
Adopted by the City Council .lune 3, 1996
Is/ Gail Dorfman, Mayor
(June 12, 1996
hcation)
O 96-2067
OF SPECIAL SERVICE DISTRICT NO. 1
ninsting of the properties identified on Exhibit A attached
t -of way adjacent thereto A description of the services to
ble for inspection with the City Clerk.
ITA
ion Address
3601 Park Center Blvd
3601 St Hwy 100 S
3777 Park Center Blvd
ices 5400 Auto Club Way
facihty 3900 Park Nicollet Blvd
lage 5500 Excelsior Blvd
Ids 5200 Excelsior Blvd
Mall 5100 Excelsior Blvd
arking 3800 Park Nicollet Blvd.
Clinic 3800 Park Nicollet Blvd
5050 Excelsior Blvd
facility 5000 Excelsior Blvd
ting 4950 Excelsior Blvd
d/Com 4920 Excelsior Blvd
enter 4916 Excelsior Blvd
led bldg 4951 Excelsior Blvd
facility 4961 Excelsior Blvd
cre 4995 Excelsior Blvd
n 5001 Excelsior Blvd
M 5201 Excelsior Blvd
5005 36th St West
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IT B
y following adoption, which effective date shall be July 18,
i3\Ord 962067
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