HomeMy WebLinkAbout2374-09 - ADMIN Ordinance - City Council - 2009/06/15ORDINANCE NO. 2374-09
CITY OF ST. LOUIS PARK
HENNEPIN COUNTY, MINNESOTA
ORDINANCE AUTHORIZING CREATION OF
SPECIAL SERVICE DISTRICT NO. 6
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 36th Street West within an area approximately bounded by Wooddale Avenue to State
Trunk Highway 100. 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 subject to twenty-five percent (25%) or more of the proposed 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 May 14, 2009 and May 28, 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 June 1,
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").
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.
Ordinance No. 2374-09 -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) 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.
0) 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.
(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 to pay
the cost of services described in Section 2, owners of 25 percent or more of the land area of property
that would be subject to service charges in the proposed special service district and either: (1) owners
of 25 percent or more of the net tax capacity of property that would be subject to a proposed service
charge, based on net tax capacity; or (2) owners, individuals, and business organizations subject to 25
percent or more of a proposed service charge based on other than net tax capacity file a petition
requesting a public hearing on the proposed action with the City Clerk.
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Ordinance No. 2374-09 -3-
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.
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, individual, or business organization 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.
Ordinance No. 2374-09 -4-
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.
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.
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Ordinance No. 2374-09 -5-
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 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.
Ordinance No. 2374-09 -6-
9.03 Requirements for Veto.
(a) Veto of Ordinance. If owners of 35 percent or more of the land area in the
district subject to the service charge based on net tax capacity or owners,
individuals, and business organizations subject to 35 percent or more of the
service charges to be imposed in the district, file an objection to the ordinance
adopted by the city under section 428A.02 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 owners, individuals, and business
organizations subject to 35 percent or more of the service charges to be
imposed in the district file an objection to the resolution adopted imposing a
service charge on a basis other than net tax capacity under section 428A.03
with the city clerk before the effective date of the resolution, the resolution
does not become effective. In the event of a veto, no district shall be established
during the current calendar year and until a petition meeting the qualifications
set forth in this subdivision for a veto has been filed.
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.
SECTION 10. Exclusion from Petition Requirements and Veto Power. The petition
requirements of the Act do not apply to second or subsequent years' action to impose service charges
under Section 4. The right of owners and those subject to a service charge to veto a resolution in
Section 9 does 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 that has not been vetoed for the
first year's application.
SECTION 11. 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.
SECTION 12. 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.
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Ordinance No. 2374-09
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SECTION 13. Effective Date. This ordinance shall be effective on the forty-fifth (45th)
day following adoption, which effective date shall be July 30, 2009.
First Reading
June 1, 2009
Second Reading
June 15, 2009
Date of Publication
June 25, 2009
Date Ordinance takes effect
July 30, 2009
Rev' - :d •or Administration
City :n!ger
Attest:
City Clerk
Adopted by . e City Council June 15, 2009
Mayor
Appr. e
o Form and Execution:
Attorney
Ordinance No. 2374-09 -8-
EXHIBIT "A"
Parcels in Special Service District No. 6
PIN
Address
Owner
16-117-21-34-0027
3601 Wooddale Ave
The Rottlund Company Inc
16-117-21-34-0355
5600 36th St W
SLP Harmony Marketplace LLC
16-117-21-34-0073
5605 36th St W
36th Street LLC
16-117-21-34-0068
5800 36th St W
Standal Properties Inc
16-117-21-34-0040
5700 36th St W
Standal Properties Inc
16-117-21-34-0077
5721 36th St W
Arnold R Bloomquist
16-117-21-34-0072
5701 36th St W
M A Lerner & S 0 Lerner
16-117-21-34-0024
3575 Wooddale Ave
City of St Louis Park
16-117-21-34-0042
5814 36th St W
City of St Louis Park
16-117-21-34-0041
5816 36th St W
City of St Louis Park
16-117-21-34-0038
5724 36th St W
LJR of Minnesota Ltd Partnership
16-117-21-34-0071
5718 36th St W
M A Lerner & S 0 Lerner
16-117-21-34-0046
5727 36th St W
R & SA Investment LLC
16-117-21-34-0015
3536 State Hwy No
100
S
SLMB LLC
16-117-21-34-0001
5810 37th St W
The Rottlund Co Inc
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e
Ordinance No. 2374-09
-9-
EXHIBIT "B"
Boundaries of Special Service District No. 6
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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 25 day of June
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
abcdefghilklmnopgrstuvwxyz
Subscribed and sworn to or affirmed
before me on this 25 day of
June ,2009
Notary Public
MARY ANN CARLSON
NOTARY PUBLIC — MINNESOTA
MY COMMISSION EXPIRES 1-31-14
City of St. Louis Park
(Official Publication)
SUMMARY
ORDINANCE NO 2374-09
ORDINANCE CREATING SPECIAL SERVICE
DISTRICT NO 6
36th Street West between Wooddale Avenue and
State Trunk Highway 100
This ordinance states that a Special Service District will
be created for 36th Street West between Wooddale Av-
enue and State Trunk Highway 100 The ordinance es-
tablishes the Special Service District boundary, lists the
properties that will be included in the district, and de-
scribes the services that may be provided in the District
This ordinance shall take effect 45 days after publication
Adopted by the City Council June 15, 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 June 25, 2009
( June 25, 2009) a3 -Ord 2374-09