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CITY COUNCIL AGENDA REPORT
MEETING DATE: SEPTEMBER 6, 2011
AGENDA #: 10C
PREPARED BY: LARRY POPPLER, CITY ENGINEER / INSPECTIONS DIRECTOR
PRESENTED BY: LARRY POPPLER
AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AMENDING THE SPECIAL AS-
SESSMENT POLICY
DISCUSSION: Introduction
The purpose of this agenda item is to approve an amendment to the Assessment
Policy.
Histo
The City's Assessment Policy was created in 1989. Since that time the City has
amended the policy on numerous occasions. The last amendment was in 2003.
Current Circumstances
City Staff and the City Attorney had intended to only clarify and update the As-
sessment Policy to provide for clear interpretation of the policy statements. Once
we began reviewing the document, it was decided that the entire document should
be re- organized and certain segments completely re- written. City Staff and the
City Attorney reviewed other Cities Assessment Policies as well as Minnesota
State Statutes as part of redrafting this document.
The Assessment Policy has been expanded from six chapters to eight chapters.
The bolded chapters below are new chapters that were developed as a part of
reorganizing the Policy. The chapters are listed below:
Section I.
General Policy Statement
Section II.
Definitions
Section III.
Methods of Assessment
Section IV.
Types of Improvements
Section V.
Assessment Details
Section VI.
Supplemental Policy Guidelines
Section VII.
New Development
Section VIII. Other Types of Assessments
Section I. General Policy Statement
The General Policy Statement of the Assessment Policy was completely re- written
although the intent of the section remains the same. The revised language clari-
fies the City's authority under Minnesota Statutes to assess for local improve-
ments.
Section II. Definitions
This section was moved to the beginning of the Assessment Policy. All definitions
were reviewed and edited; additional definitions were added as a way of clarifying
how to interpret the provisions of the Policy; and some definitions were deleted.
Section III. Methods of Assessment
Method of Assessment describes the various methods used by the City to calcu-
late assessments. The Methods include: Unit Method, Area Assessment Method,
and Front Footage Assessment. The language describing when and how a par-
ticular method is appropriate and applicable was revised, but there were no subs-
tantive policy changes, with one exception. The Modified Unit Assessment me-
thod was removed from the Assessment Policy. The City does not use the formu-
las defined by this method. Many of the graphics used to depict the front footage
assessment method were confusing or wrong. We clarified these graphics and
corrected the errors found in this section.
Section IV. Types of Improvements
This section describes the types of improvement projects that the City undertakes
and the type of assessment method applied for each type of improvement. Again
this section was completely edited to clarify the information.
Section V. Assessment Details
The details outlined in this section define the terms, interest rate, payment, and
reapportionment upon land subdivision for the assessment. This section was re-
written to clarify the language.
Section VI. Supplemental Policy Guidelines
The guidelines described in this section help City Staff and the Assessment Re-
view Committee determine parcels that would be assessed as well as provide
guidance on the assessment calculation. A few categories were added for clarifi-
cation, including guidance on private streets and utility impacts.
Section VII. New Development
The new development section indicates the types of fees that are collected by the
City during the platting process. This section was created from language from the
previous policy, however it was completely re- written to clarify the fees required
during the platting process. The City has administered new development con-
tracts in the manner outlined in this section.
Section VIII. Other Types of Assessments
When a property owner fails to maintain their property in a safe condition; or,
when a property owner maintains a public nuisance on their property and, after
notice, fails to remedy the unsafe condition or remove the public nuisance the City
can do the work. The City will bill the property owner for the cost of the work. If
the property owner fails to pay the invoice the City may assess the costs against
the property. This section describes the use of assessments for this purpose.
Conclusion
City Staff and the City Attorney have worked hard over the course of several
months to develop and draft the revisions to the Assessment Policy. The re-
writing did not change the policies applied to Special Assessments. We believe
the revisions and updates will aid the City Staff, Assessment Review Committee
and property owners to understand when special assessment are used to finance
public improvements and how the various assessment methods are applied and
calculated. We believe the revised Policy, provides consistency in using special
assessments for the purposes of financing public improvements. City Staff re-
commends that the City Council adopt the revised Assessment Policy as written.
ISSUES: The New Development section properly describes the fees applied by the City on
New Development. The City Code includes similar language but contradicts some
of the statements outlined in the Assessment Policy. As a matter of housekeep-
ing, the City must update the Subdivision Ordinance to match the Assessment
Policy language.
FINANCIAL This policy clarifies the use of assessments for the purpose of financing public im-
IMPACT: provements.
ALTERNATIVES: 1. Adopt a resolution accepting the revisions to the Assessment Policy as pro-
posed.
2. Take no action or direct Staff to provide revisions or clarification to the pro-
posed Assessment Policy.
RECOMMENDED Alternative #1
MOTION:
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4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 11 -xxx
A RESOLUTION AMENDING THE CITY ASSESSMENT POLICY
WHEREAS, Assessments are used in part of finance the cost of public improvements; and
Motion By:
Second By:
WHEREAS, The Assessment Policy provides guidance to City Staff, Assessment Review Committee,
developers, and residents in applying assessments to properties benefitted by the
improvements.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows;
1. The recitals set forth above are incorporated herein.
2. The revised Assessment Policy with a revision date of September 6, 2011 is hereby adopted.
PASSED AND ADOPTED THIS 6th DAY OF SEPTEMBER 2011.
YES
NO
ser
M ser
Erickson
Erickson
Hedber
— Hedberg
Keene
— Keeney
Soukup
Souku
Frank Boyles, City Manager
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CITY OF PRIOR LAKE
ASSESSMENT POLICY
February 21, 1989
FOR PUBLIC & DEVELOPMENT
INITIATED IMPROVEMENTS
Adopted by City Council
Revision Dates;
02/05/90
04/16/90
10/19/92
03/07/94
02/21/95
11/20/95
02/05/96
04/01/96
05/18/98
01/21/03
06/02/03
09/6/11
5/31/2011
Table of Contents
Section I.
General Policy Statement ---------------
Section II.
Definitions
Section III.
Methods of Assessment
Section IV.
Types of Improvements --------------- - --
Section V.
Assessment Details
Section VI.
Supplemental Policy Guidelines - - - --
Section VII.
New Development---------------------------
Section VIII.
Other Types of Assessments.----- - - - - --
Page
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8/31/2011
CITY OF PRIOR LAKE ASSESSMENT POLICY
FOR LOCAL IMPROVEMENTS
SECTION I - General Policy Statement
The purpose of this Assessment Policy is to establish guidelines for the use of special
assessments. This Policy describes the types of local improvements the City undertakes and the
various methods used to calculate special assessments; including illustrations of how each
method is applied depending on the type of property and type of improvement. This Policy
establishes guidelines to address City participation in the cost of an improvement.
Minnesota Statute Chapter 429 provides the authority for the City to construct local
improvements. "The cost of any improvement, or any portion thereof, may be assessed upon
property benefited by the improvement, based on the benefits received, whether or not the
property abuts on the improvement." Minn. Stat. 429.051. The Chapter also sets out the
procedures the City must follow in order to specially assess the cost of an improvement.
Minnesota Statute Chapter 429, as amended from time to time, is adopted by reference herein.
Although the Chapter authorizes the City to specially assess benefited properties for the cost of
an improvement, it does not provide any guidance concerning how to determine, on a parcel
specific basis, the amount of an assessment.
This Policy is intended to aide the City Council in arriving at a fair and equitable method to
distribute and assess the cost of an improvement against the benefited properties. To assist in
that responsibility the Council has established an Assessment Review Committee. This
Committee works with City Staff to review the allocation of project costs for each improvement
and recommend a special assessment method based on the guidelines established in this Policy.
There will be unique situations or circumstances that arise from time to time that are not
addressed in this Policy and that will require special consideration by City Staff, the Assessment
Review Committee and the City Council.
It is important that assessments be implemented in a reasonable, consistent and fair manner.
Three basic criteria must be satisfied in order for the cost of a project or improvement
(hereinafter "improvement ") to be specially assessed against a particular parcel:
A.) The land must have received a special benefit from the improvement.
B.) The amount of the assessment must not exceed the special benefit.
C.) The assessment must be uniform in relation to the same class of property within
the assessment area.
The test of whether a property has been benefitted by an improvement and whether the amount of
the special assessment is legally sustainable is determined by the "Fair Market Value" test. The
Fair Market Value test ( "FMV ") analyzes the FMV of the property before the improvement and
FMV of the property after the improvement. The difference in the FMV before -and -after the
improvement is defined as the "benefit" the property received from the improvement. The
amount of a special assessment may not exceed the benefit of the improvement on the property.
The actual cost to construct an improvement is not the determining factor in determining the
amount to be assessed.
In the event City staff has doubt as to whether or not the costs of the improvement will be equal
to or exceed the special benefit to the properties served by the improvement, the City Council
should obtain such appraisals as may be necessary to support the proposed assessment.
The cost of an improvement project includes all project support costs both direct and indirect
associated with the improvement and incurred by the City; including, but not limited to:
a) Construction Cost
b) Engineering
c) Administrative
d) Right of Way Acquisition/Condemnation Costs
e) Legal
f) Capitalized Interest
g) Bonding Costs
A local improvement may be initiated by the City Council or by a petition from owners of real
property that abut any street named as the location of the improvement. If the improvement is
initiated by the City Council a four -fifths (4 /5ths) vote of the Council is required to approve the
project. If an improvement is initiated by petition of the property owners it must contain the
signatures of not less than thirty-five percent (35 %) of the owners of real property abutting the
streets named in the petition as the location of the improvement. A majority vote of the City
Council is required to approve an improvement petitioned by not less than 35% of the property
owners. The last way to initiate an improvement is for all owners of real property abutting upon
any street named as the location of any improvement petition the City Council to construct the
improvement and to assess the entire cost against their property. In this case, the City Council
may by majority vote, without a public hearing, adopt a resolution determining such fact and
order the improvement.
4
SECTION II — Definitions
For the purpose of this Policy certain words and phrases have been defined below. If a word or
group of words used in this Policy are not defined, the user should refer to the City Zoning and
Subdivision Ordinances and Public Works Design Manuel to determine whether definitions are
provided in those documents. Where the definition of a word or phrase is more clearly
understood in the context of how it is applied in a particular situation its definition is included
elsewhere in this Policy.
ADJUSTED FRONT FOOTAGE The number of feet actually utilized in calculating an
assessment for a particular property. This may differ from
the actual front footage of the property.
APARTMENT A multi - family structure where tenants rent from the owner
of the building. Building characteristics include common
hallways for access purposes and a common parking lot.
ASSESSMENT AREA An area defined by the City Engineer which shall form the
physical boundary where benefit exists within an area.
ASSESSMENT REVIEW A committee established by the City Council to assist City
COMMITTEE Staff in its analysis of the most equitable special assessment
method to apply to a particular improvement project and to
provide input on any issues relating to a particular property.
The Assessment Review Committee also reviews the
proposed assessment rolls. This committee consists of the
City Manager, City Engineer and/or Assistant City
Engineer, City Attorney, Finance Director and two
members of the City Council appointed at the Council's
Annual Meeting.
COLLECTOR STREET Streets that connect individual neighborhoods to the minor
arterial system. Streets are identified as major or minor
collector streets by the Comprehensive Plan.
CONDOMINIUM A form of individual ownership of a unit in a multi - family
structure (similar to an apartment building).
DRAINAGE DISTRICT An area defined by natural geographic features that form
the boundaries for a drainage basin. Drainage district
boundaries shall be determined by the City Engineer.
DUPLEX A residential structure divided into two dwelling units for
purposes of occupancy by ownership or rental.
5
FLAG LOT A parcel of land shaped like a flag, with a narrow strip
providing access to a public street and the bulk of the
property containing no frontage.
IMPROVEMENT AREA A defined area within which all properties are deemed to be
served and receive benefit from an improvement project.
LATERAL A sewer lateral is designed to collect the sewage from a
project area for conveyance to a trunk facility. A water
lateral is sized to provide water in sufficient volumes and
pressure as required to serve a defined project area. The
lateral line does not include the service for individual
structures.
MULTI - FAMILY
A structure of more than two units.
NET AREA FOR Net area is defined as the gross area of land within the
DEVELOPMENT FEE proposed subdivision less any stormwater, ponding or
CALCULATION wetland easements conveyed to the City. Internal street
right -of -way is included in net area. Any road right -of -way
necessary for County or State highway dedication are
excluded for the purpose of applicable net area fee
calculations.
NUISANCE ABATEMENTS The elimination of a nuisance whereby the City acts on
behalf of the public as authorized by ordinance to eliminate
problems such as junk, weeds, dead trees, etc. The City
may collect the charges for all or any part of the cost of
eliminating any such nuisance by levying a special
assessment against the property benefited.
OVERSIZING A pipe that is designed and constructed larger and/or deeper
than necessary to serve a specific improvement area or a
street constructed wider than 36 feet.
PROJECT SUPPORT COSTS Costs associated with the delivery of an improvement
including surveying, testing, design, administration,
bonding, construction staking, inspection, soil borings,
publication, or other services.
PUBLIC IMPROVEMENT An improvement undertaken by the City under the authority
granted in M.S.A. 429.021
RESIDENTIAL EQUIVALENT Residential Equivalent Density units (RED) is defined as a
DENSITY UNIT single family residential unit.
STREET CONSTRUCTION The initial first time improvement of a street from a
condition of no street or gravel to a paved street with
concrete curb and gutter.
6
STREET RECONSTRUCTION Paved street replacement including all pavement, curb and
gutter, base material, and storm sewer.
STREET RESURFACING Replacement or overlaying of the pavement surface of a
street with new asphalt. Street Resurfacing does not
include the base material replacement.
TOWNHOUSE Single family attached units in structures housing three or
more contiguous dwelling units, sharing a common wall,
individual front and rear entrances; the structure is that of a
row -type house as distinguished from multiple - dwelling
apartment buildings.
TRUNK UTILITY PIPE A water or sewer pipe sized to provide sufficient capacity
to serve an area larger than the immediate improvement
area. Trunk sewer and water pipes are generally greater
than 8" in diameter unless the development itself requires
larger than 8" diameter pipe.
SECTION III - Methods of Assessments
This Section of the Policy describes the various assessment methods used by the City. The type
of improvement determines the method of assessment. The objective is to choose the assessment
method which will arrive at a reasonable, fair and equitable assessment and which will be
uniform upon the same class of property within the improvement area. The most frequently used
assessment methods are: the unit assessment, the area assessment, and the front footage
assessment. Depending upon the individual type of improvement, any one or a combination of
these methods may be utilized to arrive at an appropriate cost distribution. City Staff and the
Assessment Review Committee will consider each assessment method and weigh its applicability
to the improvement. A description of each assessment method and its corresponding policy
application is presented below. In Section IV of this Policy the various types of improvement are
described along with which assessment method is generally applied to a particular type of
improvement.
A. UNIT ASSESSMENT METHOD
Unit Assessment A unit assessment is derived by dividing the total cost of the
improvement by the number of Residential Equivalent Density (RED) units in the
improvement area. A RED unit is defined as a single family residential unit. Each
platted and unplatted property in the improvement area is assigned a RED unit value
based on the underlying zoning. If the existing use of the land is less than the highest and
best permitted use of the land permitted in the zoning district, the Council may consider
the current use of the property as well as the potential future uses of the property in
determining the appropriate number of RED units to assign to the property. The
following chart specifies the number of RED units that will be assigned to a property
based on use:
Single Family
1.00 RED
Duplex
1.00 RED
Condominium
0.80 RED
Multifamily
0.80 RED
Townhouse
1.00 RED
Commercial & Industrial
RED units are determined based on appraisals and
approved by the City Council
RED units may be adjusted by the City Council to resolve inequities.
The unit assessment method is the most commonly used method for assessing
improvements in single family residential neighborhoods where the improvements largely
benefit each property to the same degree and the cost of the improvement is not generally
affected by parcel size.
B. Area Assessment Method. The area assessment method is used when an improvement
project benefits all properties within a specific geographic area. The assessable area shall
be expressed in terms of the number of acres or the number of square feet subject to
assessment. When determining the assessable area, the following exceptions may apply:
1. Ponding Assessment Consideration - Lakes, ponds and swamps are included in
the assessable area of a parcel. If the lake, pond or swamp is suitable for integration into
the City's storm water management system, a property owner may offer to provide the
City with a storm water ponding easement for the land under the lake, pond or swamp. If
the proposed area subject to the easement can be functionally integrated into the storm
water management system the City may accept the easement, in which case the lake,
pond or swamp area subject to the easement will be subtracted from the gross acreage of
the parcel. A pond easement cannot be used to reduce the assessable area of the property
below the required minimum lot standards.
2. Road Right -of -Way Assessment Consideration - Up to twenty percent (20 %) of
the gross acreage within unplatted parcels of five (5) acres or more, depending upon the
parcel configuration, may be deducted for street right -of -way purposes. Parcels of less
than five (5) acres are not subject to the road right -of -way consideration because, in most
instances, parcels of less than five (5) acres cannot support an internal road system.
3. Park Dedication Assessment Consideration - When land is dedicated for park
purposes as part of a subdivision, as required by the Subdivision Ordinance, the developer
shall not be assessed an acreage charge on the portion of land dedicated.
C. Front Footage Assessment. The purpose of the front footage assessment method is to
equalize assessment calculations for lots of similar size. Individual parcels, by their very
nature, differ considerably in shape and area. The actual front footage abutting the
improvement (i.e., street, sewer, water, etc.) is not used to calculate the assessment for a
particular parcel. Rather, an "adjusted front footage" is used. The following procedures
will apply to calculate the adjusted front footage of a parcel depending the specific
configuration of the parcel. All measurements will be scaled from available plat and
section maps and will be rounded down to the nearest foot dimension with any excess
fraction deleted. Specific parcel configurations include:
1.) Standard Lots
2.) Rectangular Variation Lots
3.) Triangular Lots
4.) Cul -de -sac Lots
5.) Curved Lots
6.) Irregularly Shaped Lots
7.) Corner Lots
8.) Flag Lots
9.) Double Frontage Lots
10.) Large Tracts
1. Standard Lots. The adjusted front footage for standard rectangular lots will be the actual
frontage of the lot. The front frontage is the lot width at the front lot line.
iAIN AVENUE Adj. Front Footage
50' 90' EXAMPLES
Lot A - 50'
Lot B - 90'
A B
2. Rectangular Variation Lots. The adjusted front footage for a lot which is an
approximately rectangular and uniform in shape is computed by averaging the width of
the parcel at the front and rear lot lines. This method is used only where the difference
between the front and rear lot lines is 20 feet or less.
Adj. Front Footage
EXAMPLES
Lot A - 100'
Lot B - 75'
3. Triangular Lots. The adjusted front footage for a triangular lot is computed by averaging
the front and rear lot lines. The maximum distance between the front and rear lot lines
(depth of the lot) may not exceed 150 feet.
MAIN AVENUE
1 100' / 40'1 120' /
1 X50' 140' /130
�C
Adj. Front Footage
EXAMPLES
Lot A - 70'
Lot B - 85'
Lot C - 60'
10
4. Cul -de -sac Lots. The adjusted front footage for lots located in a cul -de -sac will be
calculated based on determining a line at the most reasonably determinable position. This
line will be determined by calculating and connecting the midpoints of the two side lot
lines. If the configuration of the lots are similar a common lot width may be assigned
based upon an evaluation of typical lots within the subdivision.
Adj. Front Footage
EXAMPLES
Lot A - 75'
Lot B - 110'
Lot C - 80'
5. Curved Lots In certain situations, such as those where lots are located along a
meandering trail system or street, road patterns may create curvilinear frontages. In such
instances, the adjusted front footage will be the width of the lot measured at the midpoint
of the shortest side lot line.
Adj. Front Footage
EXAMPLES
Lot A - 120'
Lot B - 90'
Lot C - 150'
11
6. Irregularly Shaped Lots. The adjusted front footage of irregular shaped lots will be
calculated by measuring the lot width at the 25 foot building setback line.
Adj. Front Footage
EXAMPLES
Lot A - 115'
Lot B - 140'
Lot C - 125'
7. Corner Lots
a. Residentially Zoned Corner Lots The adjusted front footage of a corner lot,
regardless of whether the improvement abuts both sides of the property will be
determined based on the footage abutting the shortest property line; unless the footage
of the longer property line exceeds 150 feet. Where the footage of the longer property
line exceeds 150 feet, the adjusted front footage will be calculated by adding the sum
of the length of the shortest side of the property plus the length along the longest
property exceeding 150 feet. A corner lot will not be subject to an assessment for
subsequent types improvements until the term of previous assessments have expired.
MAIN AVE
12
MAIN AVENUE
Adj. Front Footage
EXAMPLES
b. Commercial & Industrial Zoned Corner Lots No allowance relief will be
granted because of the higher inherent property value associated with improved traffic
frontage and greater visibility along business district and industrial park intersections.
The adjusted front footage calculation shall be the entire frontage measured along the
setback line comprising the building envelope.
Adj. Front Footage
EXAMPLES
Lot A - 280'
Lot B - 390'
150' 5' 2 S•'
A 140' 1 115' B
130' 275'
....................... ................................... ...............................
25' 25'
155' 300'
MAIN AVENUE
8. Flag L ots_ flag lot is a parcel shaped like a flag, with a narrow strip providing access to
a street and the bulk of the property has no front footage. The adjusted front footage of a
flag lot will be calculated at 86 feet, which is the minimum front footage set out in the
Subdivision Ordinance for a single family lot in a residential district. If the driveway
access of a flag lot is less than 125 feet the adjusted front footage will be measured at the
building setback line from the access terminus.
20 ` MAIN AVE.
A
Adj. Front Footage
EXAMPLES
170'
13
Lot A - 86'
Lot B - 90'
9. Double Frontage Lots A parcel, other than a corner lot, eligible for subdivision, with
frontage on two streets, will be assessed based on an adjusted front footage for the
footage along each street. For double frontage lots lacking the necessary depth to be
subdivided, the adjusted front footage is the footage along the longer street.
110' 80
A B
210'
175'-
110
Adj. Front Footage
EXAMPLES
Lot A - 220'
Lot B -80'
10. Large Tracts of Land. An adjusted front footage of 150 feet will be applied to a large
parcel of residential property, subject to subdivision, that has a front footage of 172 feet
or greater, abutting an improvement. The assessment on the remaining frontage
exceeding 150 feet will be deferred for a period of five years to allow for the planned and
orderly development of the property. During the five -year deferral period, simple interest
will accrue at the rate established in the resolution adopting the assessment roll. The
deferral of the assessment will cease upon any of the following occurring:
a. Five (5) year period expires
b. Final platting of the property
C. Sale or transfer of ownership.
14
SECTION IV - Types of Improvements
A. Bridge Installation. The benefit of a bridge improvement is confined to a specific area.
The area assessment method or the unit assessment method will be used to recover the
assessable portion of the improvement.
B. Sidewalk/Bike Path Installation. Although construction normally occurs only on one side
of the street, the safety of pedestrian traffic is regarded as an overall neighborhood or
regional benefit, therefore the City will not assess for this type of improvement unless the
City is petitioned for said improvement.
C. Street Construction. The cost of the original street construction including storm sewer
improvement shall be recovered 100% by special assessment. The assessment method
shall be determined by the Assessment Review Committee and City Council.
D. Street Resurfacing and Sealcoatina. Street resurfacing is commonly known and referred
to as street overlaying whereby a new bed of road material such as bituminous is installed
over an existing paved road to a specific thickness. Sealcoating is an application of oil
and aggregate material over the existing paved road. Street resurfacing and sealcoating
shall be treated as general maintenance activities and shall not be assessed unless the City
is petitioned for the improvements.
E. Street Reconstruction. The cost of a Street Reconstruction improvement including storm
sewer improvements of presently paved streets in the City of Prior Lake shall be allocated
on a 40/60 division. Forty percent (40 %) of the total project cost shall be assessed against
the benefiting properties and the remaining sixty percent (60 %) shall be paid through the
general ad valorem property tax paid by the entire community.
F. Sanitg Sewer & Water Lateral Improvements All water and sewer lines, regardless of
their size or designation, are considered as laterals to adjacent property. Lateral lines are
normally not larger than eight inches in diameter in most residential areas. Original
sewer and water improvements will be assessed at one hundred percent (100 %) of the
cost of the improvements. The cost of repair or replacement of sewer and water laterals is
treated as general maintenance and supported by utility fees and will not be assessed.
G. Trunk Sanitary Sewer & Water Improvements. Trunk sewer and water mains are usually
larger than 8 inches in diameter and are designed to carry large volumes of flow. Trunk
lines are regional facilities designed to serve areas beyond the immediate property. The
difference between a normal sized lateral and the actual sized trunk represents "trunk
oversizing ". The cost in extra pipe sizing and depth shall be paid from the City's Trunk
Reserve Fund.
H. Trunk Storm Sewer Improvements. Trunk lines are regional facilities designed to serve
areas beyond the immediate property. The difference between a normal sized storm
sewer pipe and the actual sized trunk represents "trunk oversizing ". The cost in extra
pipe sizing and depth shall be paid from the, Water Quality Fund, tax levy, or the Trunk
Reserve Fund and will not be part of the assessment.
15
I. Drainage District Improvements. All land within a drainage area is considered to be
benefited by a drainage improvement because all land contributes water runoff to the
drainage system. The City Engineer shall establish a "drainage district" and all property
within the "drainage district ", shall be assessed according to the area assessment method.
J. Collector Street Construction. The City's designated Municipal State Aid system of
roadways has evolved into a network of collector streets that route traffic to distribution
points that connect with central trunk arteries such as State and County highways. While
collector streets serve and benefit the entire community, certain aspects of their
construction provide a more local benefit to a neighborhood and should be borne by that
specific neighborhood. Benefitting properties will be assessed up to a 36 foot wide street.
Street width above 36 feet will be paid from general ad valorem taxes, Municipal State
Aid funds, or the Street Oversize Fund.
16
SECTION V - ASSESSMENT DETAILS
A. Term of Assessments. Special assessments shall be collected in equal annual installments
of principal for a period of years determined by the type of improvement.
1. Sidewalk Improvements - 10 years
2. Street Construction - 10 years
3. Street Resurfacing - 10 years
4. Street Reconstruction — 10 years
5. Sanitary Sewer & Water Laterals - 20 years
6. Storm Sewer Improvements - 10 years
7. Nuisance Abatements - 1 year
8. Delinquent Connection Fees, Utilities - 1 year
9. Diseased Tree Abatement — 1 year ($1,000 or less), 5 years ($1,001 or more)
B. Interest Rate on Assessments. The interest rate charged on assessments for all types of
improvement projects shall be set out in the resolution adopting the assessment roll.
C. Payment of Special Assessments. A property owner has four (4) available options
regarding the payment of assessments; including the option to: make annual installment
payments that appear as part of the individuals property tax statement; pay the assessment
in full within thirty (30) days from the adoption of the assessment without incurring any
interest; pay the remaining balance on an assessment to the municipality at any time prior
to November 15' of a given year with interest accrued to December 31 of the year paid;
or apply for a payment deferral if the individual meets the age and income criteria set out
in City Ordinance Section 111, as may be amended from time to time. Minnesota Statute
Section 429.061 Subd. 3 deals with certification of the assessment roll to the county
auditor and payment options.
D. Reapportionment Upon Land Division When a tract of land against which a special
assessment has been levied is thereafter divided or subdivided by plat or otherwise, the
council may, on application of the owner of any part of the tract or on its own motion
equitably apportion among the various lots or parcels in the tract all the installments of
the assessment against the tract remaining unpaid and not then due if it determines that
such apportionment will not materially impair collection of the unpaid balance of the
original assessment against the tract. The council may, and if the special assessment has
been pledged to the payment of improvement warrants shall, require the owner or owners,
as a condition of such apportionment, to furnish a satisfactory surety bond fully protecting
the municipality against any loss resulting from failure to pay any part of the
reapportionment assessment when due. Notice of such apportionment and of the right to
appeal shall be mailed to or personally served upon all owners of any part of the tract. In
most cases, dividing the assessment balance evenly on a unit or lot basis would result in
an equitable apportionment. The practice of unit assessment redistribution and
recertification to the Scott County Auditor's Office will be followed when the amount of
the unit assessment exceeds One Thousand Dollars ($1,000.) In those instances when
the property subdivision would result in smaller increments, the entire assessment shall
be paid at the time the developer's agreement is approved.
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SECTION VI — Supplemental Policy Guidelines
A. Areas Partially Served By Utilities. Any large tract of land, lot or parcel whereby an
improvement abuts or extends to the property shall be considered served and assessed
accordingly. The current special assessment shall be calculated based on the adjusted
front footage method. If an improvement benefits non - abutting properties which may be
served by the improvement when later extensions or improvements are made but are not
initially assessed, the City may reimburse itself based on the Section VII, New
Development.
B. Assessments Based On Preliminary Plat. Property and lots subject to an approved
preliminary plat may be specially assessed only if the public hearing ordering the
improvement project has not yet occurred. In the event this exists, assessment frontages
may be calculated based upon the lot configurations in the approved the preliminary plat.
C. Tax Exempt Property. There are three categories of tax exempt properties. Assessments
are applied as follows:
1. Church and school property will be assessed in the same manner as commercial and
industrial zoned property.
2. State land is normally exempt from assessment unless otherwise negotiated or agreed
upon by the affected State agency.
3. County land is subject to assessment and will be assessed in the same manner as
commercial and industrial zoned property.
See also Minnesota Statute Section 429.061 Subd. 4.
D. Municipal Property Assessments. City owned property is divided following three
classifications for the purpose of determining assessment participation, Public Facility
Land, Public Right of Way, and Park Land
1. Public Facility Land is defined as land utilized for public buildings such as city halls,
fire halls, libraries, maintenance garages, municipal parking lots etc. Public facility
property within an improvement area will participate in the total assessable cost of the
improvement and will be treated in the same manner as any other benefitted parcel.
2. Public Right -of -Way property consisting of all City acquired easements, subject to fee
title, for the specific purpose of utility placement or street construction will be exempt
from assessment.
3. Park Land is categorized according to the following descriptions:
a. Community Parks Community Parks are characterized by a high degree of public
use and the area is relatively large in size. These parks are normally associated with
athletic events and sporting activities i.e., softball, football, baseball, hockey etc. Park
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lands of this nature will be subject to assessments. The cost of improvements to
community parks will be recovered by a special levy upon the ad valorem taxes.
b. Neighborhood Parks Neighborhood Parks provide open space within a residential
development and include features such as playground structures. Because
neighborhood parks are commonly used by the immediate residents of the area, such
park land will not be assessed if the area of the park comprises less than twenty -five
(25 %) of the area served by the improvement project. Larger parks, comprising an
area greater than twenty -five (25 %) of the area served by the improvement project,
will be included in an assessment in the same manner as community parks.
E. Tax Forfeiture Assessments. When a parcel of tax forfeited land is returned to private
ownership and the parcel is benefited by an improvement for which special assessments
were canceled because of the forfeiture, the City may, upon notice and hearing as
provided for the original assessment, make a reassessment or a new assessment as to the
parcel in an amount equal to the amount remaining unpaid on the original assessment.
F. First Serve Situations. If the plans of the City and a developer coincide for the
installation of utilities, the plans of the City will prevail. When this situation occurs, the
City may, upon notice and hearing, assess all lots in an approved preliminary plat, if the
improvements are approved prior to approval of the final plat.
G. Utility Impact. Costs associated with the restoration for utility work will not be assessed
for street improvement projects.
H. Project Support Costs. Project support costs are part of the total cost of the improvement
project and are included in the assessment calculation. Project support costs for utility or
water quality improvements shall be charged to the associated funding source used to
finance the improvements.
I. Street Lighting. Street lighting costs are an assessable component of an improvement
project.
J. Private Streets and Common Driveway Properties accessed from a private street or
common driveway within an improvement area or adjacent to the improvements will be
assessed.
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SECTION VII — New Development
New Development benefits from and creates a burden on existing public improvements and
infrastructure. Development that has preceded a new subdivision or the platting of property has
paid its share of the cost of existing public improvements; such as streets, sanitary sewers, storm
water sewers and drainage and ponding facilities, and the park and trail system. New
development could not occur if certain types of public improvements were not already in place.
There is a nexus between new development and the necessity to expand, enlarge and extend
public improvements. When new development occurs the City collects various categories of
fees, described below, to recover the benefit realized and the burden imposed by the new
development on public infrastructure. The City has undertaken studies to compute the cost, at
build -out, of the various types of city -wide public infrastructure and facilities improvements.
Based on these studies the City has developed a "fee schedule" that calculates the share of the
cost the new subdivision should pay towards existing and future infrastructure and facility
improvements. The City also contributes to new development by paying a developer to
"oversize" a local improvement, where necessary, to provide capacity for future development.
TYPES OF FEES:
A. City Administration The Developer will pay a fee to the City for administration expenses
associated with the development project. City administration will include all activities necessary
to develop, implement and administer the Development Contract. The calculation of this fee is
based on 4% of the estimated cost of Developer Installed Improvements. Extraordinary costs
incurred by the City over and above the 4% will be billed to the Developer.
B. Construction Observation The Developer will pay a fee for the City construction observation
associated with the development project. Construction observation includes inspection of all of
the public improvements the developer will install as part of the subdivision. Fees for this
service are calculated at 5% of the estimated cost of Developer Installed Improvements.
Extraordinary costs incurred by the City over and above the 5% will be billed to the Developer.
C. Trunk Storm Sewer Acreage Charge The Developer shall pay a trunk stormwater acreage
charge at the time of subdivision or platting. The acreage charge is adopted as a part of the
Official City Fee Schedule.
D. Trunk Water Acreage Charge The Developer will pay a trunk water acreage charge at the
time of subdivision or platting. The trunk water acreage charge is adopted as part of the Official
City Fee Schedule.
E. Trunk Sanitary Sewer Acreage Charge The Developer will pay a trunk sanitary sewer acreage
charge at the time of subdivision or platting. The trunk sanitary sewer acreage charge is adopted
as part of the Official City Fee Schedule.
F. Street Oversize Acreage The Developer will pay a street oversize acreage charge at
the time of subdivision or platting. The street oversize acreage charge is adopted as part of the
Official City Fee Schedule.
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G. Sanitary Sewer and Water Connection Charges The Developer will pay a sanitary sewer
connection charge and a water connection charge at the time of subdivision or platting. The
connection charge at the time of subdivision or platting is a one time fee imposed on that
property that is connecting to the City sanitary sewer and water systems. Outlots in a subdivision
where the connection fee was paid will not be charged again when the outlot is final platted. The
sanitary sewer and water connection charge covers the cost of bringing the sewer and water
infrastructure to the subject property. Building permit sewer and water connection charges are a
separate connection charge collected at the time a building permit is issued. The connection
charges are adopted as a part of the Official City Fee Schedule.
H. Park and Trail Dedication. Developers are required to dedicate a portion of the net
developable acreage of the subdivision for parks and/or trails. At the discretion of the City, the
dedication requirement may be satisfied in the form of cash in lieu of land. Any land dedicated
and accepted by the City for park purposes or purchased by the City for park purposes in excess
of the park and trail dedication requirement will not be subject to the trunk acreage fees. The
Park Dedication Fee is adopted as part of the Official City Fee Schedule.
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SECTION VIII- Other Types of Assessments
This Special Assessment Policy applies to those types of local improvements authorized in
Minnesota Statute Section 429.021 where the cost of the improvement is apportioned among the
properties that are benefited. In addition to the twenty (20) categories of local improvements
authorized in Minnesota Statute Section 429.021, the City also has the authority to collect unpaid
special charges and to recover the cost to remove, abate, remedy or eliminate certain conditions
on private property that create a public safety hazard. Minn. Stat. Section 429.101.
The City's authority to collect unpaid charges, through a special assessment, is not limited to
costs for activities undertaken pursuant to Chapter 429. For example, if a property owner, after
notice from the City, fails to: raze, remove or repair a hazardous building; secure a vacant or
unoccupied building that creates a hazardous condition; or remove a dangerous condition from
their property the City can do the work and charge the cost to the property owner. If the property
owner fails to reimburse the City, the unpaid charges can be certified to the County Treasurer as
a special assessment against the property.
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