HomeMy WebLinkAbout2298-05 - ADMIN Ordinance - City Council - 2005/08/01ORDINANCE NO. 2298-05
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
AN ORDINANCE AUTHORIZING CREATION OF
SPECIAL SERVICE DISTRICT NO. 4
WHEREAS, the City has received a petition to establish a special service district 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 Highway 100
westerly to Louisiana 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 appropriate to establish a special service district; and
WHEREAS, notice of the public hearing concerning the petition to establish a special
service district was published in the St. Louis Park Sailor on June 30, 2005 and July 7, 2005.
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 district. 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 July 18,
2005, 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 nght-of-way adjacent thereto (the "District").
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 District.
Ordinance No. 2298-05 -2-
2.02 Description of Services. The City may provide or contract for the following
services:
(a) Cleaning and scrubbing of sidewalks; cleaning of curbs, gutters, alleys, and streets.
(b) Purchase, installation, maintenance, removal, and replacement of banners and other
decorative items for promotion of the District.
(c) Poster and handbill removal.
(d) Repair and maintenance of sidewalks.
(e) Snow and ice clearance and removal from sidewalks.
(f) Purchase, installation, maintenance, and removal of area -wide security systems.
(g) Coordination of security personnel to supplement regular City personnel.
(h)
(i)
Purchase, installation, 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.
Purchase, installation, maintenance, and removal of decorative lighting on area
trees.
Cost of electrical service for pedestrian and decorative tree lighting.
Repair of low-level pedestrian lights and poles.
Comprehensive liability insurance for public space improvements.
Trash removal and recycling costs.
Purchase, installation, maintenance, replacement, and removal of special signage
relating to vehicle and bicycle parking, vehicle and pedestrian movement, and
special events.
(o) Watering, fertilizing, maintenance, and replacement of trees, shrubbery, and annual
flowers and perennials on the public right-of-way.
(p) Repair, maintenance and replacement of irrigation 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.
•
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Ordinance No. 2298-05 -3-
SECTION 3. Service Charge.
3.01 Petition Requirements. Before taking any action to impose a service charge to pay
the cost of services described in Section 2, owners of twenty-five percent (25%) or more of the
land area subject to the proposed service charge must file a petition requesting 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 Section 2, 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 hearing on the proposed action with the City Clerk.
3.02 Relationship to Service. The City may impose service charges against properties
located within the District 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 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,
Section 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, 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 District, for each calendar
year, the City shall hold a public hearing. At the hearing, a person affected by the District 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 Hearing. The City shall give prior notice of the public heanng 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
hearing shall not be held less than three (3) days after the later publication. Not less than ten (10)
days prior to the hearing, notice shall be mailed to the owner of record of each parcel of real estate
within the District. 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
hearing regarding the proposed service charge;
Ordinance No. 2298-05 -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
during 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
District during the calendar year and the nature and character of the special services
rendered in the District 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 District 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 District, 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
authorized in the preceding year based on an indicator of increased cost or a percentage amount
established by the resolution. Each calendar year, a public hearing 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.
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.
Ordinance No. 2298-05 -5-
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 time and in the same manner as provided for payment
and collection of ad valorem taxes. For purposes of determining the appropriate tax rate, taxable
property or net tax capacity shall be determined without regard to captured or ongmal net tax
capacity under Minnesota Statutes, Section 469.177 or to the distribution 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 District, 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 District and members of the public. Before the
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.
Ordinance No. 2298-05 -6-
8.03 Removal and Termination. The City Council reserves for itself the right, 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 District 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 District 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 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. 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 District 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 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 thirty-five percent (35%) or
more of the land area in the District 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 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 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 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.
Ordinance No. 2298-05 -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 authorized 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 District may be enlarged only
after petition, hearing and notices as provided in Minnesota Statutes. Notice must be served in the
onginal District and in the area proposed to be added to the District. The petition to enlarge the
District 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 District.
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 September 16, 2005.
Re l ew-d for Administration
I,1-
III1
City anag+
Attest:
Adopted by the City Council August 1, 2005
Approved as to Form and Execution:
ty Attorn
Ordinance No. 2298-05 -8-
Exhibit A
Properties within proposed
Special Service District #4
PID #
Address
Property Owner
2011721410009
6600 Excelsior Blvd*
G & N Limited Partnership
2011721140026
6500 Excelsior Blvd*
Asbury Methodist Hospital
2111721320133
6200 Excelsior Blvd
AJ Superior Cleaning LLC
2111721320022
6127 Excelsior Blvd
Gregory White
2111721320021
6121 Excelsior Blvd
Hung LLC
2111721230130
6112 Excelsior Blvd
Snyder Electric Co.
2111721320006
6111 Excelsior Blvd
Joseph Hendrickson & Lisa Roberts
2111721230155
6100 Excelsior Blvd
James & Laurene Meger
2111721230100
6011 Excelsior Blvd
How Enterprises, Inc
2111721230128
6006 Excelsior Blvd
Stephen J. Camey ,
2111721230127
, 6002 Excelsior Blvd
Himmelman Properties
2111721230097
6001 Excelsior Blvd
Sew What Corporation
2111721230011
5930 Excelsior Blvd
Leonard Riley
2111721240195
5925 Excelsior Blvd _
Dys Properties
2111721230010
5922 Excelsior Blvd
Gerald B. Frederick
2111721230156
5916 Excelsior Blvd
Rackner & Rackner
2111721240083
5900 Excelsior Blvd
Speedway Superamerica, LLC
2111721240185
5825 Excelsior Blvd
Kil-Ben Expelsior, LLC
2111721240209
5813 Excelsior Blvd
Universal Outdoor, Inc.
2111721240067
5810 Excelsior Blvd
5812 Excelsior Blvd. Co
2111721240208
5809 Excelsior Blvd
C.B.S. Real Est Prtnr II LLP
2111721240066
5804 Excelsior Blvd
5804 Excelsior Blvd., LLC
2111721240161
5801 Excelsior Blvd
Hentges Properties, Inc.
2111721240040
5720 Excelsior Blvd
Erickson Petroleum Corp
2111721240193
5717 Excelsior Blvd
LMC, Inc
- 211172124014,1
5707 Excelsior Blvd
Len Paul/Gene Pretty Good ,
City Municipal Parking Lot
City of St. Louis Park
2111721240202
5608 Excelsior Blvd
Helmut Mauer
2111721240019
5600 Excelsior Blvd
Trestman Music Center
Colorado Ave S
Brunswick Ave S
Alabama Ave S
Brookside Ave S
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Dakota Ave S
Colorado Ave S
�� Brunswick Ave S
Zarthan Ave S
Brookside Ave S
n.
Yosemite Ave S
Xenwood Ave S
Webster Ave S
Vemon Ave S
Zarthan Ave S
Yosemite Ave S
N
0)
enwood Ave S
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•
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Ordinance No. 2298-05
-10-
Exhibit C
Proposed Excelsior Boulevard
Special Service District #4
Proposed Property Owner Service Charges
PID #
Address
Property Owner
Front Ft.
2006
Annual
Charge
2011721410009
6600 Excelsior Blvd*
G & N Limited Partnership
569
$5243
2011721140026
6500 Excelsior Blvd*
Asbury Methodist Hospital
301
$2,'775
2111721320133
6200 Excelsior Blvd
AJ Superior Cleaning LLC
432
$3,980
2111721320022
6127 Excelsior Blvd
Gregory White
78
$720
2111721320021
6121 Excelsior Blvd
Hung LLC
97
$891
2111721230130
6112 Excelsior Blvd
Snyder Electric Co
86
$791
2111721320006
6111 Excelsior Blvd
Joseph Hendrickson & Lisa Roberts
157
$1,452
2111721230155
6100 Excelsior Blvd
James & Laurene Meger
60
$552
2111721230100
6011 Excelsior Blvd
How Enterprises, lnc
155
$1,433
2111721230128
6006 Excelsior Blvd
Stephen J. Camey
43
$397
2111721230127
6002 Excelsior Blvd
Himmelman Properties
83
$765
2111721230097
6001 Excelsior Blvd
Sew What Corporation
75
$694
2111721230011
5930 Excelsior Blvd
Leonard Riley
59
$544
2111721240195
5925 Excelsior Blvd
Dys Properties
206
$1,897
2111721230010
5922 Excelsior Blvd
Gerald B. Frederick
28
$256
2111721230156
5916 Excelsior Blvd
Rackner & Rackner
145
$1,339
2111721240083
5900 Excelsior Blvd
Speedway Superamerica, LLC
131
$1,212
2111721240185
5825 Excelsior Blvd
Kil-Ben Excelsior, LLC
197
$1,820
2111721240209
5813 Excelsior Blvd
Universal Outdoor, Inc.
10
$89
2111721240067
5810 Excelsior Blvd
5812 Excelsior Blvd. Co
111
$1,023
2111721240208
5809 Excelsior Blvd
C.B.S. Real Est Prtnr II LLP
67
$617
2111721240066
5804 Excelsior Blvd
5804 Excelsior Blvd., LLC
95
$872
2111721240161
5801 Excelsior Blvd
Hentges Properties, Inc.
77
$713
2111721240040
5720 Excelsior Blvd
Erickson Petroleum Corp
167
$1,542
2111721240193
5717 Excelsior Blvd
LMC, Inc
175
$1,614
2111721240141
5707 Excelsior Blvd
Len PauVGene Pretty Good
133
$1,228
City Municipal Parking Lot
City of St. Louis Park
120
$1,107
2111721240202
5608 Excelsior Blvd
Helmut Mauer
103
$950
2111721240019
5600 Excelsior Blvd
Trestman Music Center
150
$1,383
4,110
$37,900
Notes:
1.) Proposed costs shown above are for year one. Costs for future years subject to change based on the
annual Service District Budget and Service Charge Resolution approval.
2.) The cost allocation formula is based upon street front footage
3.) "2006 Annual Service Charge" refers to the proposed first full year service charge to be imposed for taxes
payable In 2006. This amount will be levied and collected as a part of the payment of property taxes in 2006
4.) *= Properties In Phase 2 construction, thus no charges until 2007.
Ordinance No. 2298-05 -11-
EXHIBIT D
PROPOSED OPERATING BUDGET
SPECIAL SERVICE DISTRICT NO. 4
CITY OF ST. LOUIS PARK
--- _ -'T
- �1 ''--v- - -__ �1r- _, __ - --_;'�<�- _1,r
--I- , _
Landscape maintenance services
$16,000
Irrigation system maintenance and repair
$5,000
Decorative lighting maintenance
$3,500
Site Maintenance
$2,000
Landscaping materials (trees, shrubs, sod, etc.)
$2,700
Management
$2,500
Infrastructure repair
$1,500
Electrical service for pedestrian lighting
$1,750
Banner installation and removal
$1,500
General Supplies
$1,000
Electrical service for decorative lighting
$350
Professional Services
$50
Legal Notices
$50
Total
$37,900