Loading...
HomeMy WebLinkAbout2371-09 - ADMIN Ordinance - City Council - 2009/03/23• ORDINANCE NO. 2371-09 CITY OF ST. LOUIS PARK HENNEPIN COUNTY, MINNESOTA AN ORDINANCE AUTHORIZING CREATION OF SPECIAL SERVICE DISTRICT NO. 5 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 Park Place Boulevard Wayzata Boulevard and 16th Street within an area approximately bounded by Interstate 394 southerly to Cedar Lake Road. The specific properties included within this area are identified on Exhibit "A" attached hereto and generally depicted on Exhibit "B" attached hereto and the right-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 January 1, 2009 and January 8, 2009. 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 January 20, 2009, 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 "District"). Ordinance No. 2371-09 -2- SECTION 2. Services to be Performed. 2.01 Provision of Services. The City may provide or contract for services in the District; 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. 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) Purchase, installation, maintenance, and removal of area -wide security systems. (f) Coordination of security personnel to supplement regular City personnel. (g) 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. (h) Purchase, installation, maintenance, and removal of decorative lighting on area trees. (i) Cost of electrical service for pedestrian and decorative tree lighting. (j) Repair of low-level pedestrian lights and poles. (k) Comprehensive liability insurance for public space improvements. (1) Trash removal and recycling costs. (m) Purchase, installation, maintenance, replacement, and removal of special signage relating to vehicle and bicycle parking, vehicle and pedestrian movement, and special events. • • • Ordinance No. 2371-09 -3- (n) Watering, fertilizing, maintenance, and replacement of trees, shrubbery, and annual flowers and perennials on the public right-of-way. (o) Repair, maintenance and replacement of irrigation system. (p) Maintenance and operation of a public transit system. (q) Promotion and administration. (r) Maintenance of a reserve fund or capital reserve fund. (s) Installation, maintenance, and removal of capital improvements. (t) Snow plowing and snow removal from sidewalks, trails, on -street parking bays and roads SECTION 3. Service Charge. 3.01 Petition Requirements. Before taking any action to impose a service charge based on net tax capacity to pay the cost of services described in Section 2, owners of twenty-five percent (25%) or more of the land area and 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. Before taking any action to impose any other type of service charge to pay the cost of services described in Section 2, twenty-five percent (25%) or more of the individual or business organizations 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. Service charges may only be imposed on property as authorized by the Act. Ordinance No. 2371-09 -4- 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 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 hearing 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; (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 (the "Resolution") imposing a service charge within the District not exceeding the amount or rate expressed in the notice issued under this Section. Ordinance No. 2371-09 -5- 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. Service charges may be imposed on property within the District at a rate or amount sufficient to produce the revenues required to provide special services in the District. 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 in the Resolution. 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 Collection. 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. The Resolution may provide for other means of collecting service charges. 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. Ordinance No. 2371-09 -6- 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. 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. 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 2. 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. Ordinance No. 2371-09 -7- 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. 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 original 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. Ordinance No. 2371-09 -8- 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 7, 2009. First Reading March 2, 2009 Second Reading March 23, 2009 Date of Publication April2, 2009 Date Ordinance takes effect May 7, 2009 Revie ed for Administration: City an Attest: City Clerk 6 Adopte City Council March 23, 2009 Mayor Approve • . to Form and Execution: Ci rney Ordinance No. 2371-09 -9- EXHIBIT A PARCELS IN SPECIAL SERVICE DISTRICT NO. 5 PID ADDRESS 0411721310018 5657 WAYZATA BLVD 0411721310019 1500 PARK PLACE BLVD 0411721340043 5600 CEDAR LAKE RD 0411721340044 1690 PARK PLACE BLVD 0411721340045 1650 PARK PLACE BLVD 0411721340046 1620 PARK PLACE BLVD 0411721340047 5699 16TH ST W 0411721340049 1700 PARK PLACE BLVD 0411721340050 5601 16TH ST W 3002924320026 5353 WAYZATA BLVD 3002924320022 5370 16TH ST W 3002924330011 5401 GAMBLE DR 3002924330015 5402 PARKDALE DR 3002924330031 1600 WEST END BLVD Ordinance No. 2371-09 -10- EXHIBIT "B" Proposed Boundaries Special Service District No. 5 City of St. Louis Park INTERSTATE 394 0 O 0150 Legend Parcels [ Improved Road Right -of -Way •151515. 1515 i Proposed District Boundary A NORTH 400 Feet ei p .z„to.___ newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA ) ) ss COUNTY OF HENNEPIN ) Richard Hendrickson, being duly sworn on an oath, states or affirms that he is the Chief Financial Officer of the newspaper(s) known as St Louis Park Sun -Sailor and has full knowledge of the facts stated below (A) The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn Stat §331A 02, §331A 07, and other applicable laws as amended (B) The printed public notice that is attached was published in said newspaper(s) once each week, for one successive week(s), it was first published on Thurs- day, the 2 day of April 2009, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the _ day of , 2009, and printed below is a copy of the lower case alpha- bet 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 abcdeighiikl mnopgrstuvwxyz 4_-' _ Subscribed and sworn to or affirmed before me on this 2 day of April , 2009 City of St. Louis Park (Official Publication) ORDINANCE NO 2371-09 AN ORDINANCE CREATING SPECIAL SERVICE DISTRICT NO 5 Park Place Boulevard between 1-394 and Cedar Lake Road This ordinance states that a Special Service District will be created for Park Place Boulevard between Interstate 394 and Cedar Lake Road The ordinance establishes the Special Service District boundary, lists the properties that will be included in the district, and describes the services that may be provided in the District This ordinance shall take effect 45 days after publication Adopted by the City Council March 23, 2009 Jeffrey W Jacobs /s/ Mayor A copy of the full text of this ordinance is available for in- spection with the City Clerk Published in St Louis Park Sailor April 2, 2009 (Apr 2, 2009) a3 -Ord 2371-09 SUMMARY Notary Public MARY ANN CARLSON NOTARY PUBUC — MINNESOTA MY COMMISSION EXPIRES 1-31-14