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HomeMy WebLinkAbout8C - Assessment Review Comm. DATE: BACKGROUND: DISCUSSION: BACKGROUND: 8 C t\0( \ FRANK BOYLES, CITY MANAGER 1\ REVISION OF SPECIAL ASSESSME OLICY WITH RESPECT TO THE ASSESSMENT REVIEW COMMITTEE APRIL 1, 1996 The city's existing Special Assessment Policy calls for an Assessment Review Committee consisting of staff members only. I am recommending that the composition of that Committee be revised by adding two Councilmembers. Such action requires amendment of the Special Assessment Policy. Prior to 1994, the Special Assessment Policy provided that "Before any assessment hearing, a review committee may be established by the City Council to assist the staff in its evaluation of all properties in accordance with this policy and preparation of the proposed assessment rolls. This committee, subject to Council discretion, shall consist of the City Manager, City Engineer, Finance Director and one City Council member." In 1994 at my recommendation the Policy was amended to delete the council- member from the committee on the basis that this is more of a li-t~ff function. I am recommending that this paragraph be amended to require that the Committee meet once the staff has prepared the assessment roll and that in addition to staff that two councilmembers serve on the Assessment Review Committee. The purpose of the Committee would be to review the Assessment Roll with respect to specific issues and unique questions which are periodically raised because of the unique property configurations Since the city is involved in one to two assessment projects per year, I do not anticipate a major time investment from either the city council or staff as a result of this change. 16200 ~@PQ9~~P~.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER T r ISSUES: ALTERNATIVES: RECOMMENDATION: ACTION REQUIRED: AG960401.DOC Special assessment hearings are among the most difficult responsibilities which city staff and council share. For the City Council to be comfortable in supporting the assessment roll it is essential that they have complete comfort that the roll has been prepared in accordance with the policy and that, to the extent possible, major issues have been anticipated and addressed.,. In circumstances where there is less than complete confidence, both the staff and Council "look bad" before the public. By participating in the assessment committee, at least two members of the council will be apprised of the issues early in the process. The committee also affords the council the ability to "refer" certain unanticipated issues back to the assessment committee for discussion resolution and disposition at a subsequent meeting. Council has the following alternatives: 1. Adopt the revision to the Special Assessment Policy as set forth in the attached exhibit. 2. Retain the existing Special Assessment Policy prOVISIOn. . ! Alternative #1 Council and staff are interested in assuring that residents receive the full benefit of the city's Special Assessment Policy. The revision of the Assessment Committee will help to assure that this is the case and will improve the Council's understanding of the actual implementation of the policy and ordinance on a case by case and project by project basis. Motion and second to adopt the revisions to the Special Assessment Policy as set forth in Exhibit 1. T ,. 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. Park Land assessment eligibility is further categorized according to the following descriptions: 1. "Community Parks" are characterized by a higher degree of intense public use and are relatively large in area size. They are normally associated with athletic events and sporting activities i.e., softball, football, baseball, hockey etc. Park lands of this nature will be subject to assessments. Because community parks provide citywide benefit, the cost of these assessments shall be recovered by a special levy upon the ad valorem taxes. 2. "Neighborhood Parks" accommodate open space objectives within residential development and are passive in use as indicated by such features as playground structures. Because neighborhood parks are commonly used by the immediate residents of the area, such park land will not be assessed if it comprises less than twenty-five (25%) of the aggregate project area. Larger parks representing an area greater than twenty-five (25%) of the aggregate project area shall participate in the assessment process in the same manner as community parks. 3. "Parkland Dedication" is required either in the form of cash in lieu of land or a land grant. The developer shall be responsible for the payment of all special assessments existing at the time of dedication. Depending upon the amount of land involved, the development shall not be assessed trunk acreage for that portion exceeding the minimum percentage dedication requirement for park purposes. 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 cancelled 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 in regard to utility installations on certain properties, the plans of the City shall receive first consideration. In that event, the City may, upon notice and hearing, assess all unplatted parcels according to this Policy if the improvements are approved prior to hardshell consent of the unplatted properties. · , G. State Aid Participation. Residential lots abutting and having access to collector streets (streets which are designated as part of the City's Municipal State Aid System and qualify for state aid funding) shall be assessed the residential equivalent of a standard City street, normally consisting of a 30 foot paved roadway within a 50 foot right-of-way. This cost shall be determined by the City Engineer during the preparation of the feasibility report. The difference in cost shall be reimbursed by applicable state aid funds. H. Assessment Review Committee. Before any assessment hearing, a review committee Im~ will be established by the City Council to assist staff in its evaluation of all properties in accordance with this Policy and pFepaFatieR-ef4e review the staff prepared proposed assessment rolls. This committee, s\:lbjeeHe-Ce\:lReikiiseFetieR, shall consist of the City Manager, City Engineer, aRa-HIe-City Finance Director and two members of the city council appointed by the mayor. T .