Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 302-H.F.No. 384 
           An act relating to the cities of Minneapolis and 
          Blaine; permitting the establishment of special 
          service districts in the city of Minneapolis and 
          providing taxing and other authority; authorizing 
          Blaine city council members to serve as a housing and 
          redevelopment authority. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  [DEFINITIONS.] 
    Subdivision 1.  [TERMS DEFINED.] For the purposes of 
sections 1 to 7, the terms defined in this section have the 
following meanings. 
    Subd. 2.  [CITY.] "City" means the city of Minneapolis. 
    Subd. 3.  [SPECIAL SERVICES.] "Special services" means all 
services rendered or contracted for by the city for snow, ice, 
and litter removal and cleaning of sidewalks, curbs, gutters, 
and streets and for banners and other decorations to be used to 
identify and promote the commercial area. 
    Special services do not include services that are 
ordinarily provided throughout the city from ordinary revenues 
of the city unless an increased level of service is provided in 
the special service district. 
    Subd. 4.  [SPECIAL SERVICE DISTRICT.] "Special service 
district" means that defined area within the city where special 
services are rendered and their costs are paid from revenues 
collected from taxes and service charges imposed within the area.
    Subd. 5.  [ASSESSED VALUE.] "Assessed value" means the 
assessed value as most recently certified by the commissioner of 
revenue on the effective date of the ordinance or resolution 
adopted pursuant to section 2 or 3. 
    Subd. 6.  [LAND AREA.] "Land area" means the land area 
located within the district that is subject to property taxation.
    Sec. 2.  [ESTABLISHMENT OF SPECIAL SERVICE DISTRICT.] 
    Subdivision 1.  [ORDINANCE.] The governing body of the city 
may adopt an ordinance establishing a special service district 
in the part of Minneapolis which is south of 28th Street, west 
of Fremont Avenue South, north of 31st Street, and east of 
Humboldt Avenue South. 
    Only property which is zoned for commercial, business, or 
industrial use under a municipal zoning ordinance may be 
included in a special service district.  The ordinance shall 
describe with particularity the areas to be included in the 
district and the special services to be furnished.  The 
ordinance may not be adopted until after a public hearing on the 
question.  Notice of the hearing shall include: 
    (1) the time and place of the hearing; 
    (2) a map showing the boundaries of the proposed district; 
and 
    (3) a statement that all persons owning property in the 
proposed district will be given an opportunity to be heard at 
the hearing. 
    Subd. 2.  [NOTICE.] Notice of the hearing shall be given by 
publication in two issues of the official newspaper of the 
city.  The two publications shall be a week apart and the 
hearing shall be held at least three days after the last 
publication.  Not less than ten days before the hearing, notice 
shall also be mailed to the owner of each parcel of real estate 
within the area proposed to be included in the district.  For 
the purpose of giving mailed notice, owners shall be those shown 
on the records of the county auditor.  Other records may be used 
to supply necessary information.  For properties which are tax 
exempt or subject to taxation on a gross earning basis in lieu 
of property tax and are not listed on the records of the county 
auditor, the owners shall be ascertained by any practicable 
means and mailed notice given them.  At the public hearing, any 
person affected by a proposed district may be heard orally in 
respect to any issues embodied in the notice.  The hearing may 
be adjourned from time to time and the ordinance establishing a 
district may be adopted at any time within six months after the 
date of the conclusion of the hearing by a vote of the majority 
of the governing body of the city. 
    Sec. 3.  [TAXING AUTHORITY; NOTICE AND HEARING 
REQUIREMENTS.] 
    Subdivision 1.  [TAXES; HEARING.] A tax may be levied on 
taxable property, or service charges may be imposed by the city 
within a special service district at a rate or in an amount 
sufficient to produce revenues required to provide the special 
services within the district.  For purposes of determining the 
appropriate tax rate, taxable property or value shall be 
determined without regard to captured or original assessed value 
under Minnesota Statutes, section 273.76, or to the distribution 
or contribution value under Minnesota Statutes, section 
473F.08.  Taxes and service charges may be imposed to finance a 
special service that is ordinarily provided by the city only if 
the service is provided in the district at an increased level 
and, then, only in an amount sufficient to pay for the increase. 
A service charge may not be imposed on the receipts from the 
sale of intoxicating liquor, food, or lodging.  Before the levy 
of taxes or imposition of service charges in a district, for 
each calendar year, notice shall be given and hearing shall be 
held pursuant to section 2 and notice shall also be mailed to 
any individual or business organization subject to a service 
charge.  For purposes of this section, the notice shall also 
include: 
    (a) A statement that all interested persons will be given 
an opportunity to be heard at the hearing regarding the proposed 
tax levy or service charge. 
    (b) The proposed rate or amount of taxes to be levied or 
the proposed service charge to be imposed in the district during 
the calendar year and the nature and character of special 
services to be rendered in the district during the calendar year.
    Within six months of the public hearing, the city may adopt 
a resolution levying a tax or imposing a service charge within 
the district that does not exceed the amount or rate stated in 
the notice issued pursuant to this section. 
    Subd. 2.  [EXEMPTION OF CERTAIN PROPERTIES FROM 
TAXES.] Property exempt from taxation by Minnesota Statutes, 
section 272.02, is exempt from any property taxes imposed 
pursuant to sections 1 to 7. 
    Subd. 3.  [LEVY LIMIT EXEMPTIONS.] Taxes and service 
charges imposed pursuant to sections 1 to 7 shall not be 
included in the calculation of levies or limits on levies 
provided by other law or home rule charter. 
    Subd. 4.  [EXCLUSION FROM HOMESTEAD CREDIT.] Taxes levied 
under this section shall not be reduced pursuant to Minnesota 
Statutes, section 273.13, subdivisions 7, 7d, or 14a. 
    Sec. 4.  [ENLARGEMENT OF SPECIAL SERVICE DISTRICTS.] 
    The boundary of a special service district may be enlarged, 
to an area not to exceed one square mile, within the part of 
Minneapolis described in section 2 only after hearing and notice 
as provided in section 2.  Notice shall be served in the 
original district and in the area proposed to be added to the 
district.  Property added to the district shall be subject to 
all taxes levied and service charges imposed within the district 
after the property becomes a part of the district. 
    Sec. 5.  [COLLECTION OF TAXES.] 
    Property taxes levied within a special service district 
shall be collected like other property taxes but only from 
property described in the ordinance.  Service charges imposed 
shall be collected as provided by ordinance.  Taxes collected 
pursuant to sections 1 to 7 shall not be included in 
computations under Minnesota Statutes, section 273.76, chapter 
473F, or any other law that applies to general property taxes. 
    Sec. 6.  [ADVISORY BOARD.] 
    The governing body of the city shall create and appoint an 
advisory board for the special service district in the city to 
advise the governing body in connection with the construction, 
maintenance, and operation of improvements, and the furnishing 
of special services in a district.  The advisory board shall 
make recommendations to the governing body on the requests and 
complaints of owners, occupants, and users of property within 
the district and members of the public.  Before the adoption of 
any proposal by the governing body to provide services or impose 
taxes or service charges within the district, the advisory board 
of the district must have an opportunity to review and comment 
upon the proposal.  All members of the advisory board shall be 
residents or property owners within the part of Minneapolis 
described in section 2. 
    Sec. 7.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
governing body of the city of Minneapolis. 
    Sec. 8.  [BLAINE HOUSING AND REDEVELOPMENT AUTHORITY.] 
    Notwithstanding the limitations on the number of housing 
and redevelopment commissioners provided by Minnesota Statutes, 
section 462.425, subdivisions 5 and 6, all the members of the 
governing body of the city of Blaine may serve as commissioners 
of the Blaine housing and redevelopment authority at the same 
time.  
    Sec. 9.  [LOCAL APPROVAL; EFFECTIVE DATE.] 
    Section 8 is effective the day after compliance with 
Minnesota Statutes, section 645.021, subdivision 3, by the 
governing body of the city of Blaine. 
    Approved June 5, 1985