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HomeMy WebLinkAbout4I Overlay Assessment PolicySTAFF AGENDA REPORT AGENDA #: PREPARED BY: SUBJECT: DATE: 4 (i) BRUCE LONEY, ASSISTANT CITY ENGINEER CONSIDER APPROVING AN ORDINANCE AMENDING SECTION 9-1-6 WITHIN THE CITY CODE PERTAINING TO STREET OVERLAY ASSESSMENT POLICY DECEMBER 19, 1994 INTRODUCTION: BACKGROUND: DISCUSSION: ISSUES: This Agenda Item is to consider approving an Ordinance which would amend two areas of Section 9-1-6 within the City Code pertaining to Street Overlay Assessment Policy. In 1985, a Street Overlay Assessment Ordinance was adopted by Council in conjunction with the street overlay program. Ordinance 85-01 was adopted January 14, 1985. The City Council also adopted in 1989 an Assessment Policy for the installation of public improvements. The ordinance contains specific language which should be amended to be consistent with adopted City Policy. These two areas are as follows: The ordinance specifically calls for the assessment to be determined by the front footage assessment method only. Staff would recommend that an option to use either the footage or unit assessment method be included for flexibility. The 10 foot additional assessment footage for corner lots is in conflict with adopted City Policy and staff is recommending that this footage be eliminated so that the ordinance is consistent with the adopted City Assessment Policy. Attached to this agenda item is an ordinance which changes the City Code in these two areas. According to City Attorney Glenn Kessel, this type of ordinance change can be approved by the Council without a hearing or official public notice prior to acting upon the ordinance. If approved, the ordinance must be published before it is officially approved. The main reason for the ordinance amendment is to allow the Council the option of assessing street overlay projects by a front footage or unit assessment method, and to assure consistency between ordinance and policy. The Prior South project this past year was a street improvement project in which a unit assessment was considered. However, the Council elected to proceed with a footage assessment due to different land uses in the project area. 4629 Dakota St. S.E., Prior Lake, Minnesota 553_71~.-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OP~)~TUNITY EMPLOYER ALTERNATIVES: RECOMMENDATION: BUDGET IMPACT: ACTION REQUIRED: In the 1995 Feasibility Study, the Titus Addition street overlay improvement project has similar sized lots and benefits, but quite a variation in assessable frontage. This project area is outside the MUSA Line and has lots of one (1) acre or more. A unit assessment seems to be the appropriate method as this subdivision obtains access only from Pike Lake Trail. The new ordinance will provide the Council the option to use a unit assessment method where appropriate. The alternatives are as follows: Approve an Ordinance amending the City of Prior Lake's City Code, Section 9-1-6, pertaining to Street Overlay Assessments. Deny this ordinance for specific reasons. Table this item for additional information. Staff would recommend the approval of an Ordinance amending the City of Prior Lake's City Code, Section 9-1-6, pertaining to Street Overlay Assessments. This Ordinance does not affect the budget, only street overlay assessments and how they are to be determined. A ~amend the City Code is in order. R EVI E~__..~,~ / A1219A, ENG -2- "940RD" CITY OF PRIOR LAKE ORDINANCE NO. 94-__ AN ORDINANCE AMENDING SECTION 9-1-6 OF THE PRIOR LAKE CITY CODE The Council of the City of Prior Lake does hereby ordain: Section 9-1-6(C) 3. a. of the Prior Lake City Code is hereby amended to read as follows: 9-1-6: (C) 3.a. The assessments shall be based upon a footage charge (rate per foot times footage) or a unit charge, as determined by the City Council. Section 9-1-6 (C) 3. c. (3) of the Prior Lake City Code is hereby amended to read as follows: 9-1-6: (C) 3.c. (3) Comer lots will be assessed on the short side. The footage which exceeds one hundred fifty feet (150') on the long side of those corner lots of exceptional size will also be assessed. This ordinance shall become effective from and after its passage and publication. Passed by the City Council of the City of Prior Lake this __ day of 1994. City Manager Published in the Prior Lake American on the Drafted by: Brace Loney Assistant City Engineer City of Prior Lake 4629 Dakota Street SE Prior Lake, MN 55372 Mayor day of ,1994.