HomeMy WebLinkAbout19-132 - ADMIN Resolution - City Council - 2019/11/04Resolution No. 19-132
2020 budget/service charges and 10-year extension of
Special Service District No. 5
Be it resolved by the City Council of St. Louis Park, Minnesota, as follows:
Section 1. Recitals: Findings.
1.01 On February 2, 2009, pursuant to Ordinance No. 2371-09, the city created a
special service district for certain property located adjacent to Excelsior Boulevard within an area
approximately bounded by France Avenue westerly to Monterey Drive The specific properties
included within this area are identified on attachment “B” attached hereto and the right-of-way
adjacent thereto (the “District”). The city by resolution 09-021 also adopted a multi-year service
charge through and including the year 2019.
1.02 The city has received a petition to impose a new multi-year service charge for
2020 through and including the year 2029 from the owners of property within the district (the
"petition").
1.03 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
within the district have signed the petition;
(b) at least twenty-five percent (25%) of the individuals or business
organizations subject to the 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. Adoption of 2020 budget
2.01 2020 Budget. The 2020 budget for Special Service District No. 5 of $32,655 is
hereby approved as recommended by the Special Service District No. 5 property owners.
2.02 Authorized 2020 service charge. The authorized 2020 service charge for Special
Service District No. 5 is $30,655 is hereby approved as recommended by the Special Service
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Resolution No. 19-132 2
District No. 5 property owners and attached to this resolution. A portion of the service charge will
be paid from the district’s reserves.
Section 3. Imposition of service charge.
3.01 Amount of service charge. There is hereby imposed a service charge in the
amounts and against the properties specified on the attachment “B” attached hereto (the
"service charge").
3.02 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 2029 for taxes payable in said year. Attachment “B” specifies the maximum cost of any
improvement to be paid for in whole or in part by the service charge, if any; the maximum 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
maximum cost of operating and maintaining the improvements. The maximum service charge
imposed in any year will be adjusted as provided in Section 3.04.
3.03 Calculation of service charge. The service charge for all costs related to the district
shall be distributed based upon the front feet adjacent to streetscape improvements to Park
Place Boulevard and the intersections of Wayzata Boulevard, 16th Street West and Gamble Drive
for each parcel within the district and subject to the service charge.
3.04 Inflation Adjuster. 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
service charge shall be increased by multiplying the 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 service charge shall not increase from any prior year to any
current year by an amount greater than five percent (5%) of the prior years’
service charge.
3.05 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 3.03 if and to the extent that a parcel increases or decreases in size by
acquisition or sale.
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Resolution No. 19-132 3
Section 4. Collection of service charges.
4.01 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. 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.
4.02 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.
4.03 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 5. 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, either: (i) such
excess amount shall be held as a reserve to pay the cost of future services provided under this
resolution; or (ii) the next year's levy of taxes and service charges shall be decreased by a
corresponding amount.
Section 6. 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.
Section 7. Effective Date. This resolution shall be effective on the forty-fifth (45th)
day following adoption, which effective date shall be December 18, 2019.
Reviewed for administration: Adopted by the City Council Nov. 4, 2019
Thomas K. Harmening, city manager Jake Spano, mayor
Attest:
Melissa Kennedy, city clerk
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