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HomeMy WebLinkAbout2224-02 - ADMIN Ordinance - City Council - 2002/04/15ORDINANCE NO. 2224-02 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AUTHORIZING CREATION OF SPECIAL SERVICE DISTRICT NO. 3 WHEREAS, the City has received a petition to establish a special service distnct pursuant to Minnesota Statutes, Section 428A.02 (the "Petition") from the owners of certain property located adjacent to Excelsior Boulevard within an area approximately bounded by Monterey Drive westerly to Quentin Avenue. The specific properties included within this 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 twenty-five percent (25%) or more of the land area of property that would be subject to the service charge have signed the Petition; (B) The owners of at least twenty-five percent (25%) or more of the net tax capacity of property that would be subject to the service charge have signed the Petition; (C) It is appropnate to establish a special service distnct; and WHEREAS, notice of the public heanng concerning the petition to establish a special service distnct was published in the St. Louis Park Sailor on March 13, 2002 and March 27, 2002. Additionally, the City mailed notice of the hearing to the owner of record of each parcel within the area proposed to be included within the special service distnct. For the purposes of giving such mailed notice, the notice 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, Section 428A.02. The public hearing was held on Apnl 1, 2002, 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 pursuant to Minnesota Statutes, Sections 428A.01 through 428A.101 (the "Act") consisting of the properties identified on Exhibit "A" attached hereto and depicted on Exhibit "B" attached hereto and the right-of-way adjacent thereto (the "Distnct"). SECTION 2. Services to be Performed. 2.01 Provision of Services. The City may provide or contract for services in the Distnct, except, however, that the special services provided shall not include a service that is ordinarily provided throughout the City from the general fund revenue of the City unless an increased level of service is provided in the Distnct. Ordinance No. 2224-02 -2- 2.02 Description of Services. The City may provide or contract for the following services. (a) Snow and ice removal, and sanding of public areas. (b) Cleaning and scrubbing of sidewalks; cleaning of curbs, gutters, alleys, and streets. (c) Purchase, installation, maintenance, removal, and replacement of banners and other decorative items for promotion of the Distnct. (d) Poster and handbill removal. (e) Repair and maintenance of sidewalks. (f) Purchase, installation, maintenance, and removal of area -wide secunty systems. (g) Coordination of secunty personnel to supplement regular City personnel. (h) Purchase, installation, maintenance, repair, cleaning, and removal of area directones, 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) Purchase, installation, maintenance, and removal of decorative lighting on area trees. (1) Cost of electrical service for pedestnan and decorative tree lighting. (k) Repair of low-level pedestrian lights and poles. (1) Comprehensive liability insurance for public space improvements. (m) Trash removal and recycling costs. (n) Purchase, installation, maintenance, replacement, and removal of special signage relating to vehicle and bicycle parking, vehicle and pedestnan movement, and special events. (o) Watenng, fertilizing, maintenance, and replacement of trees, shrubbery, and annual flowers and perennials on the public nght-of-way. (p) Repair, maintenance and replacement of irngation system. (q) Maintenance and operation of a public transit system. (r) Promotion and administration. (s) Maintenance of a reserve fund or capital reserve fund. (t) Installation, maintenance, and removal of capital improvements. • • • • Ordinance No. 2224-02 -3- 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 Section 2 based upon net tax capacity, owners of twenty-five percent (25%) or more of the net tax capacity subject to the proposed service charge must file a petition requesting a public heanng 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 descnbed in Section 2, owners of twenty-five percent (25%) or more of the individuals or business organizations subject to the proposed service charge must file a petition requesting a public heanng on the proposed action with the City Clerk. 3.02 Relationship 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 classification 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 ordinarily provided by the City only if the services are provided in the Distnct 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, Section 273.13 as commercial, industnal, 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, Section 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 Distnct, for each calendar year, the City shall hold a public hearing. At the heanng, a person affected by the Distnct or the proposed service charge may testify on any issues relevant to the proposed service charge. The hearing may be adjourned from time to time. 4.02 Notice of Heanng. The City shall give pnor notice of the public hearing to impose service charges required by Section 4.01. Notice of the public hearing must be mailed to any property owner subject to the proposed service charge. Notice of the public heanng 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 pnor to the heanng, notice 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 notice 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; Ordinance No. 2224-02 -4- (b) the estimated cost of improvements to be paid for in whole or in part by service charges imposed, the estimated cost of operating and maintaining the improvements dunng the first year and upon completion of the improvements, the proposed method and source of financing the improvements, and the annual cost of operating 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 during the calendar year in which the service charge is to be collected; (d) a statement that the petition requirements of Minnesota Statutes have either been met or do not apply to the proposed service charge; and (e) if the City is adopting a resolution imposing a service charge for more than one year, the information required by Section 4.05 below. 4.04 Adoption of Resolution. Within six (6) months of the public hearing, the City may adopt a resolution imposing a service charge within the Distnct not exceeding the amount or rate expressed in the notice issued under this Section. 4.05 Multi-year Service Charge. The City may adopt a resolution imposing a service charge for more than one year The City must give notice of such a resolution by including with the notice of public hearing required by Section 4.02, and including with the notice mailed with the adopted resolution 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 maintaining services, the maximum service charges 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 charges 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 authonzed in the preceding year based on an indicator of increased cost or a percentage amount established by the resolution. Each calendar year, a public heanng must be held regarding the imposed service charge. Notice of the hearing must be given and must be mailed to any individual or business organization subject to the service charge. The notice must be sent in the manner specified in Section 4.02. The notice shall include the information specified in Section 4.03(a) through (d). The purpose of the hearing shall be to allow persons or companies affected by the service charge to testify on any issue related to the service charge. Ordinance No. 2224-02 -5- 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 Distnct 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 Distnct. All service charges may be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes. For purposes of determining the appropnate tax rate, taxable property or net tax capacity shall be determined without regard to captured or original net tax capacity under Minnesota Statutes, Section 469.177 or to the distnbution or contribution 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 respective 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, Section 429.061, Subd. 3 for annual certification of special assessment installments. Other service charges imposed may be collected as provided by the resolution imposing service charges 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 election of the City, all or a portion of such excess amount shall either be held as a reserve to pay the cost of future services provided under this ordinance or applied to reduce the next year's service charge levy. 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 discretion, who are residents of the District or owners (or their representatives) of property within the Distnct, may be created by the City Council by Resolution. At the time of adopting a resolution, the City Council may approve a set of By-laws which will govern the advisory board's activities. The City Council at its discretion may pass a resolution terminating or suspending the advisory board. 8.02 Role of Board. The advisory board shall advise the City Council in connection with the construction, maintenance, and operation of improvements and the furnishing of special services in the District The advisory board shall recommend an annual budget to the City Council. 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 Ordinance No. 2224-02 -6- adoption of any proposal by the City Council to provide services or impose taxes of service charges within the District, 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 District. SECTION 9. Veto Powers. 9.01 Notice of Veto Right. Within five (5) days after adoption of the ordinance establishing the Distnct or a resolution 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 practical means, and mailed notice 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 objections with the City Clerk before the effective date of the ordinance or resolution. The notice 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 thirty-five percent (35%) or more of the land area in the Distnct subject to a service charge based upon net tax capacity or owners of thirty-five percent (35%) or more of the net tax capacity in the Distnct 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 thirty-five percent (35%) or more of the land area in the Distnct subject to a service charge based upon net tax capacity or owners of thirty-five percent (35%) or more of the net tax capacity in the Distnct 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 date of the resolution, the resolution does not become effective. (c) Veto of Resolution - Other Basis. If thirty-five percent (35%) or more of the individuals and business organizations 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, the resolution does not become effective. 9.04 Effect of Veto. In the event of a veto, no distract shall be established dunng the current calendar year and until a petition meeting the requirements set forth in this Section for a veto has been filed. Ordinance No. 2224-02 -7- 9.05 Exclusion. The veto powers of this Section 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 meting the petition requirements of Section 3.01 and which has not been vetoed under this Section 9 for the first years' application. SECTION 10. Enlargement of District. Boundaries of the Distract may be enlarged only after petition, hearing and notices as provided in Minnesota Statutes. Notice must be served in the onginal Distnct and in the area proposed to be added to the Distnct. The petition to enlarge the Distnct must include a request for the imposition of service charges sufficient to provide services to the property. Petition requirements of Minnesota Statutes, Section 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 effective on the forty-fifth (45th) day following adoption, which effective date shall be May 30, 2002. ADOPTED BY THE CITY COUNCIL OF ST. LOUIS PARK April 15, 2002. Reviewed for Administration: City Manager Attest: Mayo As .rov-d as to form and execution: STATE OF MINNESOTA) SS. newspapers AFFIDAVIT OF PUBLICATION COUNTY OF HENNEPIN) Gene Carr, being duly sworn on an oath states or affirms, that he is the publisher of the news- paper known as Sun -Sailor , and has full knowledge of the facts stat- ed below - (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A 07, and other applicable laws, as amended (B) The printed public notice that is attached was published in the newspaper once each week, for one April successive weeks; it was first published on Wednesday, the 24 day of , 2002, and was thereafter printed and published on every Wednesday to and including Wednesday, the day of , 2002; and printed below is a copy of 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: abcdefghgklmnopgrstuvwxyz BY: Subscribed and sworn }o or affirmed before me on thisc ' day of . 2002 I Q.1( ; C'YA , I President and Publisher Not a rtFubllc,,,,A,".A.,,,AN MENDEL M HEDBLOM NOTARY PUBLIC MINNESOTA `+ MY COMMISSION EXPIRES 1 31.2005 ,t RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law (3) Rate actually charged $ 2 85 per line $ 6 20 per Zine $ 1.40 Der line City of St. Louis Park (Official Pubhcation) SUMMARY ORDINANCE NO. 2224-02 AN ORDINANCE AUTHORIZING CREATION OF SPECIAL SERVICE DISTRICT NO. 3 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA This ordinance states that the City of St Louis Park es- tablishes Special Service District No 3 pursuant to Mm- nesota Statutes, Sections 428A.01 through 428A 101 for certain property located adjacent to Excelsior Boulevard within an area approximately bounded by Monterey Dnve westerly to Quentin Avenue Provision of Services The City may provide or contract for specified special services in the District Imposition of Service Charges The City may impose an- nual service charges against properties located within the District pursuant to Minnesota Statutes The City may impose annual service charges that are reasonably relat- ed 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 classification of the types of premises to which service is furnished, or on any other equitable terms Taxes and ser- vice charges may be levied pursuant to this ordinance to finance special services ordinarily provided by the City only if the services are provided m the District at an in- creased level and, then, only m an amount sufficient to pay for the increase Veto Powers Property owners, buamesses, or other per- sons subject to the service charge have the right to veto the ordinance or resolution by filing the required number of objections with the City Clerk before the effective date of the ordinance or resolution Information on the Veto pro- cedure can be found in Section 9 of the ordinance Effective Date This ordinance shall take effect 45 days after adoption of the ordmance unless the owners of thir- ty-five percent (35%) or more of the land area in the Dis- tract subject to a service charge based upon net tax capac- ity or owners of thirty-five percent (35%) 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 ordi- nance, the ordinance does not become effective Adopted by the City Council April 15, 2002 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance and the accompa- nymg resolution is available for inspection with the City Clerk. (April 24, 2002)A3/Ord 2224-02