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Home My WebLink About02-043 - ADMIN Resolution - City Council - 2002/04/15RESOLUTION NO. 02-043 RESOLUTION IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO. 3 BE IT RESOLVED by the City Council of St Louis Park, Minnesota, as follows: Section 1. Recitals: Findings. 1.01 Pursuant to Ordinance No. 2224-02, (the "Ordinance") the City created a special service distract for certain property located adjacent to Excelsior Boulevard within an area approximately bounded by Monterey Dnve 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 right-of-way adjacent thereto (the "Distract"). 1 02 The City has received a petition requesting a public hearing to impose a service charge from the owners of property within the Distnct (the "Petition"). 1.03 The City Council has determined each of the following. (a) at least twenty-five percent (25%) of the individuals or business organizations subject to the proposed service charge have signed the Petition; (b) only owners of property located within the Distnct have signed the Petition; (c) only owners of property classified under Minnesota Statutes, Section 273.13 as commercial, industnal, 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 (d) notice of a public heanng has been given and a public hearing has been held. Section 2. Imposition of Service Charge. 2.01 Amount of Service Charge. There is hereby imposed a service charge in the amounts and against the properties specified on Exhibit "C" attached hereto (the "Service Charge"). The City imposes a service charge, payable in 2002, for special services provided dunng the penod of September 2002 - June 2003 in a maximum amount of $48,425. The City Council will determine the actual amount of the service charge pnor to August 1, 2002. This amount will be billed to property owners pursuant to Section 3 The maximum service charge payable in 2003 is $61,500. The maximum service charge in all subsequent years will be calculated pursuant to the provisions of Section 2.04. 2 02 Multi-year Service Charge. The Service Charge imposed by this resolution is a charge for more than one year. The Service Charge will remain in effect through and including the year 2012 for taxes payable in said year Resolution No. 02-043 -2- 2 03 Calculation of Service Charge. The Service Charge for services related to the removal of snow and ice shall be distnbuted based upon the area (square feet) of sidewalk being serviced that is located adjacent to each parcel in the District. The Service Charge for all other costs shall be distnbuted based upon the front feet adjacent to Excelsior Boulevard for each parcel within the Distnct and subject to the Service Charge 2.04 Inflation Adjuster. Commencing with the service charge payable in 2004, the maximum service charge to be imposed in any year (the "Current Year") will increase from the maximum authonzed budgeted amount for the year immediately preceding the Current Year (the "Pnor Year") based upon the following The Consumer Pnce Index (All Items) for the Minneapolis/St. Paul Metropolitan Area, published by the United States Department of Labor, Bureau of Labor Statistics ("Index"), which is published for the date nearest the commencement of the Current Year (the "Current Year Index"), shall be compared with the Index published for the date nearest the commencement of the Prior Year (the "Pnor Year Index"). If the Current Year Index has increased over the Pnor Year Index, the Maximum Service Charge shall be increased by multiplying the Maximum Service Charge by a fraction, the numerator of which is the Current Year Index and the denominator of which is the Pnor Year Index. If the Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Index had not been discontinued or revised. Notwithstanding increases in the Index of greater than five percent (5%), the Maximum Service Charge shall not increase from any Pnor Year to any Current Year by an amount greater than five percent (5%) of the Pnor Year's Service Charge. 2.05 Distnbution of Total Service Charge. The distnbution of the total Service Charge among properties within the Distnct and subject to the Service Charge may vary and shall be recalculated pursuant to the formula specified in Section 2.03 if and to the extent that: (i) the front footage of sidewalks constructed on such properties increases or decreases; or (ii) a parcel increases or decreases in size by acquisition or sale. 2.06 Use of Revenues. Revenues collected through the imposition of service charges may be used by the City for any purposes authonzed in the Ordinance. Exhibit D contains the services proposed for funding in 2002 and 2003. The services and the revenues allocated to each service are subject to change at the discretion of the City. Section 3. Collection of Service Charges. 3.01 Collection. The Services Charges shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes; except that the City may directly bill owners of parcels located within the Distnct and subject to the Service Charge for the Service Charge due and payable in calendar year 2002. For purposes of determining 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, Section 469.177 or to the distnbution or contribution value under Minnesota Statutes, Section 473F 08. Any service charge due and payable in calendar year 2002 that remains unpaid as of October 31, 2002, shall be payable and collected at the same time and in the same manner as provided for payment and collection of ad valorem taxes in the year 2003 • Resolution No. 02-043 -3- 3.02 Penalty and Interest. Service Charges made payable in the same manner as provided for payment and collection of ad valorem taxes, if 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. 3.03 Due Date. The due date for the 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. Section 4. Revenue Surplus. To the extent that the total of Service Charges collected exceed the cost of services rendered within the Distnct, 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 resolution or applied to reduce the next year's service charge levy. Section 5. Recording. The City may record this Resolution against parcels located within the Distnct and subject to the Service Charge for the purpose of providing notice of the Service Charge to prospective purchasers of such parcels. Section 6. Effective Date. This Resolution shall be effective on the forty-fifth (45th) day following adoption, which effective date shall be May 30, 2002. Reviewed for Administration Attest C Y Clerk Ad the City Council Apnl 15, 2002 Mayo Resolution No. 02-043 EXHIBIT A PROPERTIES INCLUDED IN SPECIAL SERVICE DISTRICT NO. 3 CITY OF ST. LOUIS PARK PID Street Address Business Owner 0702824210033 4911 Exc Blvd Old World Antiques J & F Reddy Rents In 0702824210032 4907 Exc Blvd Vogue Furniture C/O Carol Lindgren Claudia Corrigan 0702824210031 4901 Exc Blvd Checks II 0702824210017 4825 Exc Blvd German Autoworks DW Lindell 0702824210016 4821 Exc Blvd German Autoworks DW Lindall 0702824210015 4811 Exc Blvd Latitudes/Laundramat Ralph I Fine 0702824210252 4801 Exc Blvd Loffhagen Insurance Gordon Loffhagen 0702824210012 4725 Exc Blvd Excelsior Office Bldg Arnold Feinberg Amoco Corp (Tax Dept) 0702824210011 4701 Exc Blvd Steve's Park Amoco 0702824210009 4637 Exc Blvd Jennings Liquor Michael J Jennings 0702824120052 4617 Exc Blvd Flower Fair Michael J. Jennings 0702824120051 4615 Exc Blvd Contemporary Contemp. Property 0702824120050 4611 Exc Blvd Dilly Lilly T F James Co 0702824120049 4601 Exc Blvd Park Blvd Office Bldg Park Blvd LLP 0702824120048 4509 Exc Blvd Lang Nelson Office Lang Nelson Assoc 0702824120047 4501 Exc Blvd S & D Cleaners Chi Won Sohn 0702824210002 4900 Exc Blvd Bally Total Fitness Bally Total Fitness 0702824210258 4760 Exc. Blvd Outlot H - Vacant SLP EDA 0702824210256 4730 Exc Blvd Retail/housing Meridian Properties Meridian Properties 0702824120175 4630 Exc Blvd Retail/housing 0602824430189 4500 Exc Blvd Outlot G - Vacant SLP EDA EX�Ii B AREA MAP SPECIAL SERVICE DISTRICT NO. 3 CITY OF ST. LOUIS PARK • 0 rr' O pp '\ O O \ aep=, a pr V o `'+ t-,? -- g y , o?a a� ao Q .; sw -'ay 9 a V, N a 1 CCI /i O.\ o 9_, O, O . t,7>„., ay O`_ a y o _i\ p\G . -Zy a 0'r c9 key y o $ 0 XP kf> xrD t3y 1 aj ex c¢ -NO •oN uop.nLosad • Ex T C PROPOSED SERVICE CHARGE ALLOCATION SPECIAL SERVICE DISTRICT NO.3 CITY OF ST. LOUIS PARK PID Address Business Owner Sidewalk Area (SF) Front Footage 2003 Annual Service Charge Partial Year Service Charge (9/02 to 6/03) 0702824210033 4911 Exc Blvd Old World Anti.ues J & F Redd Rents In 653 47 858 661 0702824210032 4907 Exc Blvd Vo ue Furniture C/O Carol Lindgren 528 50 796 587 0702824210031 4901 Exc Blvd Checks II Claudia Corrigan 596 50 844 635 0702824210017 4825 Exc Blvd German Autoworks DW Lindall 740 50 944 735 0702824210016 4821 Exc Blvd German Autoworks DW Lindall 740 48 927 726 0702824210015 4811 Exc Blvd Latitudes/Laundramat Ralph I Fine 1,173 100 1,674 1,256 0702824210252 4801 Exc Blvd Loffhagen Insurance Gordon Loffhagen 1,562 98 1,929 1,519 0702824210012 4725 Exc Blvd Excelsior Office Bldg Arnold Feinberg 2,929 1,243 230 170 4,012 2,322 3,050 1,611 0702824210011 4701 Exc Blvd Steve's Park Amoco Amoco Corp (Tax Dept) 0702824210009 4637 Exc Blvd Jennings Liquor Michael J Jennings Michael J Jennings Contemeyroperty T F James Co Park Blvd LLP Lang Nelson Assoc 1,679 1,554 1,179 1,488 2,930 1,721 100 100 74 92 187 150 2,027 1,940 1,456 1,826 3,645 2,484 1,609 1,522 1,146 1,441 2,863 1,857 0702824120052 4617 Exc Blvd 4615 Exc Blvd Flower Fair Contemporary 0702824120051 0702824120050 4611 Exc Blvd Dilly Lilly ParK Blvd Office Bldg Lang Nelson Office 0702824120049 4601 Exc Blvd 0702824120048 4509 Exc Blvd 0702824120047 4501 Exc Blvd S & D Cleaners Chi Won Sohn 890 71 1,229 932 0702824210002 4900 Exc Blvd Bally Total Fitness Bally Total Fitness 5,190 193 5,273 4,466 0702824210258 4760 Exc Blvd Outlot H - Vacant SLP EDA 1,087 68 1,340 1,056 0702824210256 0702824120175 4730 Exc Blvd 4630 Exc Blvd Retail/housing Retail/housing Meridian Properties Meridian Properties 7,746 6,550 542 472 10,043 8,609 7,776 6,636 06(32824430189 4500 Exc Blvd Outlot G - Vacant SLP EDA 7,612 235 7,323 6,340 Total 49,790 3,127 $61,500 $48,425 • 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 used for sidewalk snow removal is based upon the sidewalk area (square footage) of the parcel All other costs are based on the front footage of the parcel 3) "2003 Annual Service Charge" refers to the proposed first full year service charge to be imposed for taxes payable in 2003 This amount will be levied and collected as a part of the payment of property taxes in 2003 4) "Partial Year Service Charge" refers to the cost to maintain the improvements rrom Sept 2002 to June 2003 This amount will be billed to the affected property owners in 2002 £ti0-ZO 'ONuO1.111LOSO Resolution No. 02-043 EXHIBIT D PROPOSED OPERATING BUDGET SPECIAL SERVICE DISTRICT NO. 3 CITY OF ST. LOUIS PARK ITEM ANNUAL COST COST (9/02 to 6/03) Snow and ice removal & hauling $34,750 $34,750 Landscape maintenance services $10,000 $5,000 Landscape Materials (trees, shrubs, sod, etc) $1,000 $0 Irrigation System maintenance and repair $1,500 $500 Low level pedestrian lighting and pole repair $1,000 $0 Electrical service for pedestrian lighting $1,200 $900 Installation, maintenance and removal of decorative lighting $2,500 $2,000 Electrical service for decorative lighting $500 $375 Banner installation and removal $1,000 $750 Banner Replacements $750 $0 Maintenance & repair infrastructure $1,500 $0 Equipment / Supplies $500 $100 Cleaning of street, sidewalk, and alley & graffiti removal $500 $200 Cleaning / Waste Removal Supplies $100 $100 Refuse removal and recycling costs $1,000 $750 Legal Notices $200 $0 Administration / Promotional $2,000 $1,000 Contingencies $1,500 $500 Special Signage (traffic, parking, events) Comprehensive liability insurance for public space improvements Capital Expenses $1,500 Total $61,500 $48,425 Note Capital expenses shown are for one time cost of Tight pole base protective devices