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HomeMy WebLinkAbout0631 ORDINANCE NO. .631 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AUTHORIZING CREATION OF SPECIAL SERVICE DISTRICT NO.1 WHEREAS, the City has received a petition to establish a special service district pursuant to Minnesota Statutes, Section 428A.02 (the "Petition") from the owners of 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 are identified on Exhibit "A" attached hereto (the "District"); and WHEREAS, the Lakeville City Council (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 of property that would be subject to the service charge have signed the Petition; (B) The owners of at least twenty-five percent (25%) or more of the net tax capacity of property that would be subject to the service charge have signed the Petition; (C) It is appropriate to establish a special service district as requested in the Petition; and WHEREAS, notice of the public hearing. concerning the petition to establish a special service district was published in the Lakeville Life and Times on June 6, 1998, .and June 20, 1998. Additionally, the City mailed notice of the hearing to the owner of record of each parcel within the area proposed #o be included within the special service district. For the purposes of .giving such mailed notice, the notice was sent to those shown on the .records of the County Auditor. The City Council has determined that said notices were published and sent in accordance with the requirements of Minnesota Statutes, Section 428A.02. The .public hearing was held on July 6, 1998, before the Lakeville City Council .NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEVItLE DOES ORDAIN: SECTION 1. Es#ablishment of District. The City hereby establishes a special service district consisting of the properties identified on Exhibit "A".attached hereto (the "District"). SECTION 2. Services to be Performed. 2.01 Provision of Services. The City may provide or contract for public services in the District; .except, however, that the special services provided shall not include a service that is ordinarily provided throughout the City from the general fund revenue of the City unless an'increased level of service is provided in the District. , 2.02 Description of Services. The City may provide or contract for the following services: (a) Securing and supporting a staff person(s) to coordinate, plan and implement activities, projects and services related to the district. (b) Marketing efforts for. promotion of the district and businesses within the district, including special events, brochures, advertising and other promotional activities. (c) Contract design work including recommendations and/or architectural concept drawings .for exterior building improvements, awnings, windows, and other streetscape improvements. (d) Fundraising efforts, events or activities. (e) Business seminars, conferences or workshops for district. property and business owners. (f) Consulting .services for the study of parking issues, long-range strategic planning, and/or consumer market analysis. (g} Design, develop and produce publications such as a regular district .newsletter, membership directories, brochures and other printed materials. (h) .Administrative costs associated with maintenance of the district and staff person including, but not limited to, office facilities, supplies and equipment; insurance, accounting and legal fees; and other office expenses. (i) Snow and ice removal and sanding of public areas. (j) Cleaning and scrubbing of sidewalks; cleaning of curbs, gutters, alleys, and streets. (k) Provision, installation, maintenance, removal, and .replacement of-banners and other decorativeitems for promotion of the District. (I) Provision and coordination of security personnel to supplement regular City personnel (m) Provision, maintenance, repair, cleaning, and removal of area directories, kiosks, benches, bus shelters, .newspaper stands, trash receptacles, information booths, bicycle racks. and bicycle storage containers, sculptures, murals, and other public area art pieces. (n) Provision, installation, maintenance, and removal of lighting on area trees. (o) Electrical service for pedestrian and tree lighting. (p) Provision of comprehensive liability insurance for public-space improvements. (q) Trash removal and. recycling costs. (r) Provision, installation, maintenance, replacement, and removal of special signage such as vehicle and. bicycle parking, special events, and other special signage. (s) Provision, watering, fertilizing, maintenance, and replacement of trees, shrubbery, and annual flowers and perennials. (t) Provision and maintenance of a reserve fund or capital reserve fund. (u) Installation, maintenance, and removal of capital improvements: 2 SECTION 3. Service Charge. 3.01 Petition Requirements. Before taking any action to impose a service charge to pay the cost of services described in Section 2 based upon net tax capacity, owners of twenty-five percent (25%) or more of the land area subject to proposed service charge and owners of twenty-five percent (25%) or more of the net tax capacity subject to the proposed service charge must file a petition requesting a public hearing on the proposed action with the City Clerk. Before taking any action to impose any other type of service charge to pay the cost of services described in Section 2, owners of twenty-five percent (25%) or more of the individuals or business organizations subject to the proposed _ service charge must file a petition requesting a public hearing on the proposed action with the City Clerk. If the boundaries of a proposed district are changed or the land area or net tax capacity subject to a service charge or the individuals or business organizations subject to a service charge are changed after the public hearing, a petition meeting the requirements of this section must be filed with the City Clerk before the ordinance establishing the district or resolution imposing the service charge may become effective. 3.02 Relationship to Service. The City may impose service charges against properties located within the District pursuant to Minnesota Statutes. The City may impose service charges that are reasonably related to-the special services provided. Charges for services shall be as nearly as possible proportionate to the cost of furnishing the service, and may be fixed on the basis of the service directly rendered, or by reference to a reasonable classification of the types of premises to which service is furnished, or on any other equitable terms. Taxes and service charges may be levied pursuant to this ordinance to finance special services ordinarily .provided by the City only if the services are provided in the District at an increased level and, .then, only in an amount sufficient to pay for the increase. 3.03 Limitation of Service Charges. Only property classified under Minnesota Statutes, Section 273.13 as commercial, industrial, or public utility purposes and located within the District may be subject to the service charges imposed by the City. Property exempt from taxation by Minnesota Statutes, Section 272.02 is exempt from any service charges based on net tax capacity. SECTION 4. Imposition of Service Charge. 4.01 Public Hearing. Before imposing a service charge in the District, for each calendar year, the City shall hold a public hearing. At the hearing, a person affected by the District or the proposed service charge may testify on any issues relevant to the proposed service charge. The hearing may be adjourned from time to time. 4.02 Notice. of Hearing. The City shall give prior notice of the public hearing to impose service charges required by Section 4.01. Notice of the public hearing must be mailed to any property owner subject to the proposed service charge. Notice of the public hearing shall. be given in two (2) separate publications of the City's official newspaper two weeks apart. and the public hearing shall not be held less than three (3) days after the later publication. Not less than ten (10) days prior to the hearing, notice shall be mailed to the owner of record of each. parcel of real estate within the District. For the purpose of giving such mailed notice, owners shall be those shown. on the records of the County Auditor. For properties which are tax exempt or subject to taxation on a ,;gross earnings basis in lieu of property tax and are not listed on the records of the County Auditor, the owners shall be ascertained by any practical means, and mailed notice given them. 3 4.03 , Content of Notice. The notice shall include: (a) a statement that all interested persons will be given an opportunity to be heard at the hearing regarding the. proposed service charge; (b) the estimated cost of improvements to be paid for in whole or in part by service .charges imposed, the .estimated 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 _ annual cost of operating and maintaining the improvements; (c) the proposed rate or amount of the proposed service charge to be imposed in the District during the calendar year and the nature and. character of the special services rendered in the District during the calendar year in which the service charge is to be collected; (d) a statement that the petition requirements of Minnesota Statutes have either been met or do not apply to the proposed service charge; and (e) if the City is adopting a resolution imposing a service charge for more than one year, the information required by Section 4.05 below. 4.04 Adoation of Resolution. Within six (6) months of the. public hearing, the City may adopt a resolution imposing a service charge within the District not exceeding the .amount or rate expressed in the notice issued under this Section. 4.05 Multi-year Service Charge. The City may adopt a resolution imposing a service charge for more than one year. The City must give notice of such a resolution by including with the notice of public hearing required by Section 4.02, and including with the notice mailed with the adopted resolution the following information: (a) In the case of improvements constructed within the District, the maximum service charge to be imposed in any year and the maximum number of years. service charges will be imposed to pay for the- improvements; and (b) In the case of operating and maintaining services, the maximum service charges to be imposed in any year and the maximum number of years the service charges will be imposed to pay for operation. and maintenance services, or a .statement that the service charges will be imposed for an indefinite number of .years. The resolution imposing a service charge for more than one year may provide that the maximum service charge to be imposed in a year will increase or .decrease from the maximum amount authorized in the preceding year based on an indicator of increased cost or a percentage- amount established by the resolution. Each calendar year, a public hearing must be held regarding the imposed service charge. Notice of the hearing must be given and must be mailed to any individual or business organization subject to the service charge. The notice must be sent in the manner specified in Section 4.02. The notice shall include the information specified in Section 4.03(a} .through (d). The purpose of the hearing shall be to allow persons or companies affected by the service charge to testify on any issue related to the service charge. 4 SECTION 5. Imposition of Service Charges. Except as otherwise provided herein, the service charges imposed shall be imposed against parcels of real estate within the District in the manner and subject to the procedures provided in Minnesota Statutes. The service charges shall be imposed annually.. Service .charges may be collected in advance of, contemporaneously with, or subsequent to therendering of services to which'the service charges relate. SECTION 6. Collection of Service Charges. 6.01 Imposition and Collection. The City may impose service charges on the basis of the net . tax capacity of the property on which the service charge is imposed, but must be spread only upon the net tax capacity of the taxable property located in the District. All service charges may 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. 6.02 Penalty and Interest. 'When service charges are made payable in the. same manner as provided for payment and collection of ad valorem taxes, service charges 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. 6.03 Due Date. The due date for a 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 7. 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 ordinance; or (ii) the next ensuring year's Levy of taxes and services charges shall be decreased by a corresponding amount. SECTION 8. Advisory Board. 8.01 Composition and Appointment. An advisory board to be known as the Special Service District Advisory Board consisting of a number of members determined by the City Council, at its discretion, who are residents of the District or owners (or their representatives) of property within the District, may be created by the City Council by Resolution. At the time of adopting a resolution, the City Council may approve. a set of By-laws which wilt govern. the advisory board's activities. The City Council at its discretion may pass a resolution terminating or suspending the advisory board. 8.02 Role- of Board. The advisory board shall advise the City Council in connection with the. construction, maintenance, and operation of .improvements and the furnishing of .special services in the District. It shall make recommendations #o the .City Council on requests anti' complaints of owners, occupants, and users of property within the District and members of the public. Before the adoption of any proposal by the City Council to provide services or impose taxes of service charges within the District, the advisory board of the District shall have an opportunity to review and comment upon the proposal 5 8.03 Removal and Termination. The City Council reserves for itself the right, at its sole discretion, to remove members of the advisory board, with or without cause, or to disband and terminate the advisory board before the expiration of the District. SECTION 9. Veto Powers. 9.01 Notice of Veto Riaht. Within five (5) days after adoption of the ordinance establishing the District or a resolution imposing a service charge, the City shall mail a summary of the ordinance or resolution to the owner of each parcel included within the District and any individual or business . organization subject to the service charge. For the purpose of giving such mailed notice, owners shall be those shown on the records of the County Auditor.. For properties which are tax exempt or subject to taxation on a gross earnings basis in lieu of property tax and are not listed on the records of the County Auditor, the owners shall be ascertained by any practical means, and mailed notice given them. 9.02 Content of Notice. The notice must state that the. owner, business, or person subject to the service charge has the .right to veto the ordinance or resolution by filing. the required number of objections with the City Clerk before the effective date of the ordinance or resolution. The notice must. also state that a copy of the ordinance or resolution is on file with the City Clerk. 9.03 Requirements for Veto. (a) Veto of Ordinance. If the owners of thirty-five percent (35%} or more. of the land urea in the District subject to a service. charge based upon net .tax capacity or owners of thirty-five percent (35%) or more of the net. tax capacity in the:. District subject to a service charge based on net ax capacity file an objection to this ordinance with the City Clerk before the effective date of the ordinance, the ordinance does not become effective. {b) Veto of Resolution -Net Tax CaaacitY. !f the owners of thirty-five percent (35%) or more of the land area in the. District subject to a service charge based upon net tax capacity or owners of thirty-five percent (35%) or more of the net tax capacity in the District subject to a service charge based on net tax capacity file an objection to the resolution imposing a service charge based upon net tax capacity with the City Clerk before the effective date of the resolution, the resolution does not become effective. {c) Veto of Resolution -Other Basis. If thirty-five percent (35%) or more of the individuals and business organizations subject to a service charge file an objection to the. resolution imposing a service charge on a basis other than net tax capacity with the City Clerk before the effective date of the resolution, the resolution does not become effective. 9.04 Effect of Veto. In the event of a veto, no district shall be established during the current calendar year and until a petition meeting the requirements set forth in this Section far a veto has been filed. 9.05 Exclusion. The veto powers of this. Section do .not apply to second or subsequent years' applications of a service charge that is authorized to be in effect for. more than one year under a resolution meeting the petition requirements of Section 3.01 and which has not been vetoed under this Section 9 for the first years' application. 6 SECTION 10. Enlargement of District. Boundaries of the District may be enlarged only after hearing and notices as provided in Minnesota Statutes.- Notice must be served in the original District and in the area proposed to be added to the District. Property added to the District is subject to all service charges imposed within the District after the property becomes a part of the District if it is property that is the type subject to the services charges in the District.. Petition requirements of .Minnesota Statutes, Section 428A.08 and the veto .power of Minnesota-Statutes, Section 428A.09 shall only apply to owners, individuals, and business organizations. in the area proposed to be added to the District. SECTION 11. Definitions and Construction. The terms used herein shall be defined as provided in Minnesota Statutes, Chapter 428A and this ordinance shall be construed consistently therewith. SECTION 12. Effective Date. This ordinance 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 t_AKEVILLE July 6 , 1998. CITY OF LAKEVLLLE By: TTEST: yor ity Clerk 7 EXHIBIT A .Map of .Proposed Special Service District No. 1 i l i I Ir ~ i ' ~ Z w ~ ' I f i Properties Assessed ' j N I i i ms, s. ~ ~ i ( ~ E i i