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File #: 19-037-O    Name:
Type: Ordinance Status: Passed
File created: 7/25/2019 In control: Committee of the Whole
On agenda: 8/19/2019 Final action: 8/26/2019
Title: AN ORDINANCE REESTABLISHING THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT WITH EXPANDED BOUNDARIES.
Attachments: 1. Exhibit A. Operating Plan 2020-2024

Title

AN ORDINANCE REESTABLISHING THE DOWNTOWN WATERFRONT SPECIAL SERVICE DISTRICT WITH EXPANDED BOUNDARIES.

 

Body

CITY PROPOSAL:

The city of Duluth does ordain:

                     Section 1.                     PURPOSE AND AUTHORIZATION.

                     1.01.                     The city has received a petition (the “Petition”) from property owners in the Downtown Waterfront who want to improve the safety, cleanliness, and economic vitality of the Downtown Waterfront area by reestablishing the Downtown Waterfront Special Service District with expanded boundaries (the“District”) pursuant to Minn. Stat. §§ 428A.01-428A.101 (the “Act”).  The Petition has been signed by owners of more than 50% of the net tax capacity of property that will be subject to service charges and by owners of more than 25% of the land area of property that will be subject to service charges.

                     1.02.                     Under the provisions of the Act, the city council may adopt an ordinance establishing a Special Service District.  Only property that is classified under Minn. Stat. § 273.13 and used for commercial, industrial, or public utility purposes, or is vacant land zoned or designated on a land use plan for commercial or industrial use and located in the Special Service District, may be subject to the charges imposed by the city on the Special Service District.  The ordinance must describe, with particularity, the area within the city to be included within the Special Service District and the Special Services to be furnished in the Special Service District.  Special Services may not include a service that is ordinarily provided throughout the city from general fund revenues of the city unless an increased level of the service is provided in the Special Service District.

                     1.03.                     The council originally established a Downtown Waterfront Special Service District on September 13, 2004 pursuant to Ordinance 9688. 

                     1.04                     An operating plan for the District dated June 2019 (“Operating Plan”) has been developed by a steering committee composed of a broad range of people representing property owners, business leaders, the city, and others with a direct stake in enhanced business and economic development conditions in the Downtown Waterfront.  Under the Operating Plan the term of the District will be from January 1, 2020 through December 31, 2024. A copy of the Operating Plan is attached hereto as Exhibit A and is available for public inspection in the city clerk’s office, 411 West First Street, Duluth, Minnesota.  The Operating Plan sets forth the Special Services to be provided within the District, the particular area of the city to be included within the District’s boundaries, the amount and manner of imposing Service Charges, and the manner in which the Special Services will be implemented.  The Operating Plan is hereby incorporated into this Ordinance.

                     1.05.                     Pursuant to the authority herein recited, and as requested in the Petition, the city council hereby reestablishes with expanded boundaries the District to provide the Special Services as provided below.

                     Section 2.                     DESCRIPTION OF THE AREA WITHIN THE CITY TO BE INCLUDED IN THE DISTRICT.

                     2.01.                     The area within the city of Duluth to be included within the District is bounded by the following:

 

Beginning at the intersection of the East Line of Mesaba Avenue and  the centerline of Third Street Alley (the “Point of Beginning”); thence Northeast along said centerline and the continuation of said centerline to the Northeast line of Tenth Avenue East; thence Southeast along the Northeast line of Tenth Avenue East to the Southeast line of Superior Street (the District includes those properties that abut upon the Northeast side of Tenth Avenue East); thence Southwest along the Southeast line of Superior Street to the Southwest line of Eighth Avenue East; thence deflect left at an angle of 45 degrees to the shoreline of Lake Superior; thence continue South and West along the shore of Lake Superior to the Northwest line of the Duluth Shipping Canal; thence North and West along said canal to Superior Bay; thence along the Duluth Superior Harbor line to the Southwest line of the area commonly known as “Lot D”; thence North and West along the Southwest line of Lot D and its extension to the centerline of U.S. Interstate Highway 35 off-ramp to Mesaba Avenue and West Michigan Street; thence North and East along said centerline to the meeting point of the Northwest line West Michigan Street and the East line of Mesaba Avenue; thence North and East along the East Line of Mesaba Avenue to the Point of Beginning.

 

                     Section 3.                     DESCRIPTION OF SPECIAL SERVICES.

                     3.01.                     The Special Services to be furnished in the District are described with particularity in the Operating Plan and will include, without limitation, services relating to (i) clean and safe programs, (ii) marketing/promotion/special events and (iii) physical enhancements.

Section 4.                     TERM OF THE DISTRICT.

                     4.01.                     The term of the District will begin on January 1, 2020, and will expire on December 31, 2024.

                     Section 5.                     SERVICE CHARGES.

                     5.01.                     Service charges to be imposed within the District will be established by a separate resolution.  The resolution must meet the requirements of Minn. Stat. § 428A.03 and may, in addition, meet the requirements of Minn. Stat. § 428A.10.

                     Section 6.                     NOTICE TO COMMISSIONER OF REVENUE.

                     6.01.                     The city clerk is directed to send a copy of this ordinance to the commissioner of revenue within 30 days after its adoption.

                     Section 7.                     NOTICE OF VETO POWER.

                     7.01.                     The city clerk is directed, within five days after adoption of this ordinance, to mail a summary of this ordinance to the owner of each parcel included in the District and any individual or business organization subject to a service charge.  The notice must meet the requirements of Minn. Stat. § 428A.09.

                     Section 8.                     EFFECTIVE DATE.

                     8.01.                     This ordinance shall take affect and be in force 45 days from and after the date upon which it is adopted.

 

Statement of Purpose

STATEMENT OF PURPOSE: This ordinance reestablishes the Downtown Waterfront Special Service District with expanded boundaries from January 1, 2020 through December 31, 2024.