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Home My WebLink About09-078 - ADMIN Resolution - City Council - 2009/06/15RESOLUTION NO. 09-078 RESOLUTION IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO. 6 BE IT RESOLVED by the City Council of St. Louis Park, Minnesota, as follows: Section 1. Recitals: Findings. 1.01 Pursuant to Ordinance No. 2374-09, (the "Ordinance") the City created Special Service District No. 6 for certain property located adjacent to 36th Street West between Wooddale Avenue and 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 (the "District"). 1.02 The City has received a petition requesting a public hearing 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) owners of twenty-five percent (25%) or more land area of property that would be subject to service charges in the proposed special service district have signed the Petition; (b) owners, individuals, and business organizations subject to 25 percent or more of a proposed service charge have signed the Petition; (c) only owners of property located within the District have signed the Petition; (d) only owners of property classified under Minnesota Statutes, Section 273.13 as commercial, industrial, 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 (e) notice of a public hearing 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 2010, for special services provided during the period of January 2010 - December 2010 in a maximum amount of $24,450. A partial service charge in the amount of $12,225 will be collected in 2009. 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 for more than one year. The Service Charge will remain in effect through and including the year 2019 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 36th Street West for each parcel within the District and subject to the Service Charge. The estimated annual cost share for parcel is shown in Exhibit "D". Resolution No. 09-078 -2- 2.04 Inflation Adjuster. Commencing with the service charge payable in 2011, the maximum service charge to be imposed in any year (the "Current Year") will increase from the maximum authorized budgeted amount for the year immediately preceding the Current Year (the "Prior Year") based upon the following: The Consumer Price 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 "Prior 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 Prior 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 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 distribution of the total Service Charge among properties within the District 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 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 authorized in the Ordinance. Exhibit "D" contains the services proposed for funding in 2009 and 2010. 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 District and subject to the Service Charge for the Service Charge due and payable in calendar year 2009. For purposes of determining the appropriate tax rate, taxable property or net tax capacity shall be determined without regard to captured or original 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 in calendar year 2009 that remains unpaid as of October 31, 2009, 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 2010. 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. • • • • Resolution No. 09-078 -3- 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 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. Section 5. Recording. The City may record this Resolution against parcels located within the District and sub)ect 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 f owi adoption, which effective date shall be July 30, 2009. Revd for Administration: Adopted by the City Council June 15, 2009 Attest: ---)1e-, 0. )4. 4 City Clerk a Mayor Resolution No. 09-078 -4- EXHIBIT "A" Properties Within Proposed 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 Resolution No. 09-078 -5- EXHIBIT "B" Proposed Boundary Special Service District No. 6 00 00 SEM IT+E1K1fR.S 35TH ST W 00 L /f-7 N V ..o 0 O N wl rel w S Proposed Special Service District No. 6 Legend nm: Proposed District Boundary F-1 Parcels in the Service District ✓//.I Road Right -of -Way Served by District 0 50 100 200 Feet AA NORTH