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HomeMy WebLinkAboutItem 07Lakeville November 5, 2012 Item No. RESOLUTION IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO. 1 FOR TAXES PAYABLE 2013 Proposed Action Staff recommends adoption of the following motion: Move to approve Resolution Calling a Public Hearing Relating to the Imposition of a Service Char, eg for Special Service District No. 1 Approval of the motion will result in a public hearing on November 19, 2012. Overview On July 6, 1998, the City Council approved Ordinance 631 establishing a Special Service District No. 1. The Special Service District Advisory Board has requested City Council consideration of levying a special service charge payable in 2013 and approval of the attached budget for the period of July 1, 2013 to June 30, 2014 The allocation of the total service charge to the downtown properties is based on the net tax capacity of the commercial values of the properties in the district. The Special Service District Advisory Board is recommending that the service charge payable remain unchanged ($27,500) consistent with those of prior years. Primary Issues to Consider • Purpose of the public hearing • Budget • Special Service Charge assessment list • Legal considerations Supporting Information Financial Impact: $ 27,500 Budgeted: To be determined at Hearing Source: Sp Svc Chq Related Documents (CIP, ERP, etc.): Ordinance Establishing a Special Service District Notes: Primary Issues to Consider • Purpose of the public hearing. Minnesota Statute 428A.03 requires that a public hearing must be conducted each calendar year with notices mailed to each business organization subsequent to the service charge. After the public hearing is conducted, and the resolution is adopted, the amounts will be certified to the Dakota County Treasurer /Auditor for collection with taxes payable in 2013. • Budget. The proposed budget for period of July 1, 2013 through June 30, 2014 is as follows: Actuals Adopted Proposed Fiscal Fiscal Fiscal Year Year Year Ended Ended Ended June, 2012 June, 2013 June, 2014 Revenues - service charges Current Levy collected 25,214 27,534 27,500 Other revenues 500 500 - Net service charges 25,714 2 27,50 Expenditures Executive Director 10,768 11,300 11,250 Postage 52 88 150 Office supplies 741 300 600 Professional fees 511 315 300 Meeting expenses 78 100 150 Website 383 250 300 Flower Pots 1,200 2,600 2,500 Brochures /marketing 6,211 3,300 2,500 Iron man 436 425 - Third Thursdays 5,431 4,500 4,000 Pan- O -Prog 500 500 500 Holiday on Main 5,169 5,200 5,250 Promotional Events 1,186 4,000 - Less Reimbursement (850) (4,000) County assessment fee - 133 - Total expenditures 31,816 29,011 27,500 Net change (6,102) (977) - Balance - Beginning 20,415 18,609 14,3 Balance - Ending 14,313 17,632 14,313 • Special Service Charge assessment list. Attached is a schedule of the proposed Special Service District by parcel. The Service charge for a specific parcel may vary from year to year as a result of changes to tax classification, assessed market value or changes in value due to property improvements. • Legal considerations The Special Service District is subject to Minnesota Statutes 428A and City of Lakeville Ordinance 631. Section 428A.08 of Minnesota Statutes states that no action may be taken under section 428A.02 or 428A.03, unless 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. A copy of the petition is attached. CITY OF LAKEVILLE Resolution No. RESOLUTION IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO. 1 FOR TAXES PAYABLE 2013 BE IT RESOLVED by the City Council of Lakeville, Minnesota, as follows: SECTION 1. Recitals. Findings 1.01. Pursuant to Ordinance No. 631, the City created a special service district for certain property located adjacent to Holyoke, Holt, and Howland Avenues from 202nd Street West on the north to 210th Street West on the south. The specific properties included within this land area (the "District's are identified on Exhibit "A" attached hereto. 1.02. 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 amount and against the properties specified on Exhibits "A" and "B ", attached hereto (the "Service Charge'). 2.02. Nature and character of Special Services — Budget. There is hereby approved a budget for Special Service District fiscal year beginning July 1, 2013 through June 30, 2014 as specified on Exhibit "C" a copy of which is attached hereto. 2.03. 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 2013 for taxes payable in said year. 2.04. Calculation of Service Charge The Service Charge shall be calculated as a percentage of the net tax capacity of the taxable property located in the Special Service District. The minimum charge levied against a property owner shall be $100.00 and the maximum charge shall be $6,000.00 per property owner. If the charge that would otherwise be imposed on a property owner is greater than the maximum allowable charge, the overage shall be redistributed against the other parcels in the District based upon net tax capacity. If the charge that would otherwise be imposed on a property owner is less than the $100.00 minimum charge, the charge against other parcels in the District shall be reduced based on net tax capacity. 1 For taxes payable in 2013, the proposed Service Charge will be $27,535.00. 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 (i) commercial /industrial property tax classification rates increase or decrease based on action by the Minnesota legislature; or (ii) the net tax capacity of a parcel increases or decreases based on changes in the assessed value of the parcel attributable to improvements or changes made to the property; or (iii) a parcel increases or decreases in size by acquisition or sale. SECTION 3. Collection of Service Charges 3.01. Collection The Service 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 473F.08. 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. Services 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 Surolus. To the extent that the total of Services 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 ensuing year's levy of taxes and service charges shall be decreased by a corresponding amount. SECTION S. 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. 2 ADOPTED by the City Council of Lakeville, Minnesota this 19th day of November 2012. RW ATTEST: CITY OF LAKEVILLE Mark Bellows, Mayor Charlene Friedges, City Clerk 4 EXHIBIT B SPECIAL SERVICE DISTRICT - DOWNTOWN Proposed Special Service Charge Allocation PROPERTY PID # OWNER 22 44450 02 121 RichardlAnn Miller Market Tax Capacity Special Service Value Value Charge 2013 1 2012 1 2013 1 2012 1 201 434,100 434100 7,932 7,932 903 902 22 44450 12 020 20777 LLC 146,800 146,300 2,202 2,195 251 250 22 4445012 042 20777 LLC 159,900 159,900 2,448 2,448 279 279 306,700 306,200 4,650 4,643 530 528 22 02900 78 051 He lye ke P rofessio nal Ltd 906,700 906,700 17,384 17,384 1980 , 1,978 (22 13700 084 01) 2247600 -01-0'9 He lyo ke Cro ssing LLC 1,625,700 1,625,700 32,514 32,514 3,703 3,699 22- 13700 -02 -081 Holyo ke Crossing LLC 135 ,400 135,400 2,708 2,708 308 308 (22- 44450 -111-10) Holyoke Crossing (former J J 22- 47600 -0 }020 Hold.) 2,712,800 2,212,800 43,506 43,506 4,955 4,949 2,212,800 2,212,800 43,506 43,506 4,955 4,949 22 851DO 01051 Seven Sixty F ive LLC 149,600 149,600 2,244 2,244 256 255 22 44450 12 050 Seven Sixty F ive LLC 149,600 149,600 2,990 2,990 341 340 299,200 299,200 5,234 5,234 596 595 22 63700 0104o Lakeville Real Estate M grit. LLC 56,500 56,500 1130 1130 129 129 22 63700 01080 Lakeville Real Estate M gmt. LLC 282,900 282,900 5,658 5,658 644 644 22 63700 01030 Lakeville Real Estate Mgmt. LLC 56,000 56,000 1120 1,120 128 127 22 63700 01020 Lakeville Real Estate M gmt. LLC 282,900 282,900 4,908 4,908 559 558 678,300 678,300 12,815 V,816 1,460 1,458 Grego ry J./Nancy Papato la Tste 22 44450 12 044 Smith 238,900 238,900 4,028 4,028 459 458 Gregory ) /Nancy Paranoia TSte 22 44450 4 040 Smith '91600 n4 600 2032 2,032 231 231 340.500 340.500 6,060 6.060 690 689 22 85100 01100 Wells Fargo 804,800 604,800 15,346 15,346 1,748 1,746 22 85100 01080 Wells Fargo 51,800 51,800 777 777 89 88 22 85100 01070 Wells Fargo 45,400 45,400 681 681 78 78 22 85100 01020 Wells Fargo 113,800 113,800 2,276 2,276 259 259 1,015,800 1,015,800 19,080 13,080 2,173 2,171 22 13700 02 010 KNS Investments 268,600 268,600 4,622 4,622 526 526 5 EXHIBIT B SPECIAL SERVICE DISTRICT - DOWNTOWN Proposed Special Service Charge Allocation PROPERTY BID# OWNER 22 44450 07 120 Rose Acceptance Inc 22 44450 10 070 Holyoke Plaza LLC 22 44450 10 090 Holyoke Plaza LLC 22 44450 10 110 PJK Land LLC % Paul Krause 22 85100 01 041 R. Gallagher Reichardt Tste 22 85100 01 071 R. Gallagher Reichardt Tste Market ' Tax Capacity Special Service Value Value Charge 2012 1 2013 1 2012 1 2013 1 2012 1 2013 257,900 257,900 4,408 4,408 502 501 264,600 264,600 4,542 4,542 517 517 41,600 41,600 832 832 95 95 306,200 306,200 5,374 5,374 612 611 114,400 114,400 1,716 1,716 195 195 259,300 259,300 4,436 4,436 505 505 12,900 12,900 258 258 29 29 272,200 272,200 4,694 4,694 535 534 22 4445010 041 VFW Post 212,600 212,600 3,502 3,502 399 398 22- 44450 -10 -010 VFW Post 53,400 53,400 1,068 1,068 122 122 22- 44450 -10 -020 VFW Post 52,900 52,900 1,058 1,058 121 120 22 44450 10 030 VFW Post 52,900 52,900 1,056 1,058 121 120 22 44450 10 040 VFW Post 19,500 19,500 390 390 44 44 _ 391,300 391,300 7,076 7,076 806 805 22 85100 01 050 20757 LLC % Mark Hetzler 191.800 191,800 3,086 3,086 352 351 Anchor Bank (Former Hewitt 22- 32190 -00 -010 Investments) 126,500 126,500 1,898 1,898 216 216 Anchor Bank (Former Hewitt 22- 32190 -01 -010 Investments) 749,700 749,700 14,877 14,877 1,694 1,692 876,200 876,200 16,775 16,775 1,911 1,908 22 44450 07 183 Lakeville Family Bowl, Inc. 253,100 253,100 4,312 4,312 491 491 22 44450 06 101 Allstot Properties 314,100 314,100 5,532 5,532 630 629 22- 47600 -02 -010 H e V Apartments (Ace Hardware) 1,094,300 1,094,300 21,136 21,136 2,407 2,404 (22 44415 010 01) 2244415 -01 -011 Dakota County CDA 594,400 594,400 11,138 11,138 1,269 1,267 TOTAL 12,889,700 12,889,200 241,753 241,746 27,534 27,500 6 Exhibit C Actuals Adopted Proposed Fiscal Fiscal Fiscal Year Year Year Ended Ended Ended June, 2012 June, 2013 June, 2014 Revenues - service charges Current Levy collected 25,214 27,534 27,500 Otherrevenues 500 500 - Net service charges 25,714 28,034 27,500 Expenditures Executive Director 10,768 11,300 11,250 Postage 52 88 150 Office supplies 741 300 600 Professional fees 511 315 300 Meeting expenses 78 100 150 Website 383 250 300 Flower Pots 1,200 2,600 2,500 Broebures /marketing 6,211 3,300 2,500 Iron man 436 425 - Third Thursdays 5,431 4,500 4,000 Pan -O -frog 500 500 500 Holiday on Main 5,169 5,200 5,250 Promotional Events 1,186 4,000 - Less Reimbursement (850) (4,000) County assessment fee - 133 - Total expenditures 31,816 29,011 27,500 Netchange (6,102) (977) - Balance- Beginning 20,415 18,609 14,313 Balance - Ending 14,313 17,632 14,313 7