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HomeMy WebLinkAboutItem 10 Date: Item No. RESOLUTION IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO. 1 FOR TAXES PAYABLE 2021 Proposed Action Conduct a public hearing for the proposed special service charge for Special Service District No. 1. Following the public hearing, Staff recommends adoption of the following motion: Move to approve the Resolution Imposing a Service Charge for Special Service District No. 1. Overview On July 6, 1998, the City Council approved Ordinance 631 establishing a Special Service District No. 1. The Special Service District is subject to Minnesota Statutes 428A. The Special Service District Advisory Board has requested City Council consideration of levying a special service charge payable in 2021 and approval of the budget for the period of July 1, 2021 to June 30, 2022. 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 to remain at zero for 2021. The resolution states that a minimum charge of $100 and a maximum charge of $6,000 will be charged per property owner. Due to keeping the service charge to zero, the minimum charge is not applicable for year 2021. 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 2021. Primary Issues to Consider  None Supporting Information  Resolution Financial Impact: $ Budgeted: Y☐ N☐ Source: Related Documents: (CIP, ERP, etc.): Envision Lakeville Community Values: Good Value for Public Services Report Completed by: Jerilyn Erickson, Finance Director November 2, 2020 0 Special Service Charge Ordinance establishing a Special Service District 1 CITY OF LAKEVILLE RESOLUTION NO. 20- _____ RESOLUTION IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO. 1 FOR TAXES PAYABLE 2021 BE IT RESOLVED by the City Council of the City 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”) 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 Exhibit “A”, attached hereto (the “Service Charge”). For taxes payable in 2020, the Service Charge will be $0.00. 2.02. Nature and character of Special Services – Budget. There is hereby approved a budget for Special Service District fiscal year beginning July 1, 2021 through June 30, 2022 as specified on Exhibit “B” a copy of which is attached hereto. 2.03. 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. If a service chard is imposed, 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. 2.04. 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 2 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. 2.05. Effective Date. The effective date of the Service Charge will be January 1, 2021. 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 Surplus 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 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. 3 ADOPTED by the Lakeville City Council this 2nd day of November 2020. ____________________________________ Douglas P. Anderson, Mayor _____________________________________ Charlene Friedges, City Clerk 4 5 Actual Budget Estimate Proposed Fiscal Year Fiscal Year Fiscal Year Fiscal Year Ended Ended Ended Ended June, 2020 June, 2021 June, 2021 June, 2022 Revenues - service charges Current Levy collected -$ -$ -$ -$ Expenditures Lakeville Chamber dues 165 280 165 165 Bank charges 181 - 180 180 Website - 900 900 900 Flower pots 2,700 2,700 2,700 2,700 Brochures/marketing/advertising - 5,580 5,580 5,580 Events: Trick or Treat - 200 200 200 Holiday on Main 1,729 5,000 5,000 4,863 Total expenditures 4,775 14,660 14,725 14,588 Net change (4,775) (14,660) (14,725) (14,588) Balance - beginning 34,088 19,450 29,313 14,588 Balance - ending 29,313$ 4,790$ 14,588$ -$ EXHIBIT B