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Home My WebLink About98-142 F r CITY OF LAKEVILLE DAKOTA GOUNTY, MINNESOTA DATE: July 6, 1998 RESOLUTION NO.: 98-142 MOTION BY: sindt SECONDED BY: Mulvihill RESOLUTION IMPOSING A SERVICE CHARGE FOR SPECIAL SERVICE DISTRICT NO.1 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") are identified on Exhibit "A" attached hereto. 1.02 The City has received a petition 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 Petition; (c) 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 (d) 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", "B", and "C"attached hereto (the "Service Charge"). • 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 2000 for taxes payable in said year. 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. The minimum charge levied against a property owner shall be $100.00 and the maximum charge shall be $6,000 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. For taxes payable in 1999 and 2000 the proposed Service Charge will be $27,533.61 for each year. 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 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 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. 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. 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, 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 ensuring year's levy of taxes and service charges shall be decreased by a corresponding amount. • 2 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. Section 6. Effective Date. This Resolution shall be effective on the forty-fifth (45th) day following adoption, which effective date shall be August 20 , 1998. ADOPTED BY THE CITY COUNCIL OF LAKEVILLE THE 6th DAY OF July , 1998. Mayo Att s~: Cit Clerk • • 3 EXHIBIT A Map of Proposed Special Service District No. 1 1 l i11 W Properties Assessed j ~ N ~ f i _ - I i i 209N 3. ~ ~ ~ ~ ' i EXHIBIT B • Estimate In-kind Contribution INCOME Donations $ 1,000.00 In-kind $ 7,700.00 Special Service District $ 27,533.61 TOTAL: $ 36,233.61 OFFICE EXPENSES Project Coordinator $ 10,000.00 Postage $ 800.00 Office space/rent $ 3,600.00 $ 3,600.00 Ofi'tce Supplies $ 500.00 Office furniture ~ computer equipment $ 2,500.00 $ 2,500.00 Photocopies 8~ faxes $ 300.00 $ 300.00 Printing $ 200.00 Brochures $ 100.00 Meeting expenses $ 200.00 Insurance ' . $ 250.00 Accounting 8 legal fees $ 500.00 $ 300.00 Consulting services (City, Dakota Electric, etc.) $ 1,000.00 $ 1,000.00 SUBTOTAL: $ 19,950.00 $ 7,700.00 • PROJECT EXPENSES Desran $ 4,000.00 Design recommendations for district Contracted work for downtown design Maintenance of district does not include city services) Promotion/Marketing $ 7,000.00 Special events (3-5 a year) Directories 8 brochures Newsletter & membership meetings Economic Restructuring $ 3,000.00 Ongoing parking study Business seminars & workshops Organization $ 2,000.00 Fundraising Establish long range plan SUBTOTAL: $ 16,000.00 TOTAL EXPENSES: $ 35,950.00 BALANCE: $ 283.61 Page 1 ~ Y •Y EXHIBIT C 1. Service Charges should be imposed on the basis of the net tax capacity of the taxable property located in the Special Service District. The minimum charge levied against a property owner should be $100.00 and the maximum charge should 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 should be respread 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 should be reduced based on net tax capacity. 2. For taxes payable in 1999 and 2000 the proposed Service Charge is $27,533.61.