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Home My WebLink About05-100 - ADMIN Resolution - City Council - 2005/08/01a • RESOLUTION NO. 05-100 RESOLUTION IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO. 4 BE IT RESOLVED by the City Council of St. Louis Park, Minnesota, as follows: Section 1. Recitals: Findings. 1.01 Pursuant to Ordinance No. 2298-05, (the "Ordmance") the City created a special service district for 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 (the "Distract"). 1.02 The City has received a petition requesting a public heanng to impose a service charge from the owners of property within the District (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 District have signed the Pehhon; (c) only owners of property classified under Minnesota Statutes, Section 273.13 as commercial, mdustnal, or public utility purposes, or that is vacant land zoned or designated on a land use plan for commercial, industrial, or public utility purposes, have signed the Petition; and (d) notice of a public hearing has been given and a public heanng has been held. Section 2. Imposition of Service Charge. 2.01 Amount of Service Charge. There is hereby imposed a service charge m the amounts and against the properties specified on Exhibit "C" attached hereto (the "Service Charge"). The City imposes a service charge, payable m 2006, for special services provided dunng the penod of January 2007 - December 2007 in a maximum amount of $37,900. 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 2015 for taxes payable in said year. 2.03 Calculation of Service Charge The Service Charge for all costs related to the District shall be distributed based upon the front feet adjacent to Excelsior Boulevard for each parcel within the Distract and subject to the Service Charge. 2.04 Inflation Adjuster. Commencing with the service charge payable in 2006, 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 "Prior Year") based upon the following. Resolution No. 05-100 -2- The Consumer Pnce Index (All Items) for the Mmneapolis/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 Prior 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 mdex or computation with which it is replaced shall be used m order to obtain substantially the same result as would be obtained if the Index had not been discontmued or revised. Notwithstandmg mcreases in the Index of greater than five percent (5%), the Maximum Service Charge shall not mcrease from any Prior Year to any Current Year by an amount greater than five percent (5%) of the Prior Year's Service Charge. 2.05 Distribution of Total Service Charge. The distnbution of the total Service Charge among properties within the Distract and subject to the Service Charge may vary and shall be recalculated pursuant to the formula specified m 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 Ordmance. Exhibit D contains the services proposed for funding in 2006. 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 m 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 m calendar year 2006. For purposes of determining the appropnate 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. Any service charge due and payable m calendar year 2006 that remains unpaid as of October 31, 2006, shall be payable and collected at the same time and m the same manner as provided for payment and collection of ad valorem taxes m the year 2007. 3 02 Penalty and Interest. Service Charges made payable m 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 m 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 Mmnesota 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 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 resolution or applied to reduce the next year's service charge levy. 40, Resolution No. 05-100 -3- Section 5. Recording. The City may record this Resolution against parcels located within the District and subject to the Service Charge for the purpose of providing notice of the Service Charge to prospective purchasers of such parcels. tion 6. Effective Date. This Resolution shall be effective on the forty-fifth (45th) day foll wing adoption, which effective date shall be September 16, 2005. iewid for Administration: dopted by the Cty Council August 1, 2005 f� 1 City i anager May Attest: ty Clerk Resolution No. 05-100 -4- 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. Carney • 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 Excelsior, 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 2111721240141 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 Resolution No. 05-100 -5- Exhibit B Proposed Boundaries Special Service District No. 4 City of St. Louis Park N �p J > o W A . c 10 0 1 0 m Mead ',• Z �wbf ook Blvd ■ 1 1 1 • - - . Proposed District Boundary Cambridge St W 39th St co co o > Q Q o 0 0 v coN Y O Y O U i ▪ m c 40 Colorado Ave S Brunswick Ave S Alabama Ave S co co Zarthan Ave S W 39th St co co > m o 0 >- >- m Q> m E 4,001,Ploihoi W 41 st St Xenwood Ave S W 42nd St Webster Ave S Vernon Ave S Resolution No. 05-100 -6- 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 $5,243 2011721140026 6500 Excelsior Blvd* Asbury Methodist Hospital 301 $2,776 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, Inc 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 Superamenca, 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 Paul/Gene 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. O Resolution No. 05-100 -7- EXHIBIT D PROPOSED OPERATING BUDGET SPECIAL SERVICE DISTRICT NO. 4 CITY OF ST. LOUIS PARK 'IT = EIVi� AI �i4NNUAL C®ST 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