Loading...
HomeMy WebLinkAbout9A Amending Assessment Policy Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: NOVEMBER 9, 2015 AGENDA #: 9A PREPARED BY: LARRY POPPLER, CITY ENGINEER / INSPECTIONS DIRECTOR PRESENTED BY: LARRY POPPLER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION AMENDING THE ASSESSMENT POLICY REGARDING STREET RECLAMATION / REHABILITATION IMPROVEMENTS DISCUSSION: Introduction This agenda item reviews recommendations from the Assessment Review Work Group to amend the City’s assessment policy. History 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 2014 to provide additional flexibility in the use of other funds for completing trunk sanitary sewer and water improvements. As a part of budget discussions, the City Council has asked Staff to review revenue and expenditure options for consideration in the 2016 budget. Current Circumstances In terms of the assessment policy related to street improvements, only new construction or reconstruction is presently assessed. The Assessment Review Work Group met on October 20 and reviewed revisions to the assessment policy which would allow for assessment of other activities related to street improvements if adopted by the city council. These additional activities as well as a pros and cons table are provided below:  Assess properties benefited by reclamation/rehabilitation projects  Assess properties benefited by overlay or resurfacing projects  Assess properties benefited by crack sealing or seal coating PROS CONS  Adds a funding source for projects  Reduces overall Tax Levy for all taxpayers  Distributes cost of projects to benefiting properties  City must follow MN 429 process (City Staff time necessary for this process)  Adds Public Hearing and Assessment Hearings 2 The Assessment Review Work Group reviewed assessing for these activities but only recommended assessing for reclamation/rehabilitation projects at this time. Reclamation or rehabilitation is a more significant improvement on par with reconstruction. The ARC recommends the following language changes: 1. ADD DEFINITION TO SECTION II – “Street Reclamation / Rehabilitation – Paved street replacement including all pavement.” 2. AMEND SECTION IV 5 - “Street Reconstruction / Reclamation / Rehabilitation. The cost of a street reconstruction / reclamation / rehabilitation 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 benefitting properties and the remaining sixty percent (60% shall be paid through the ad valorem property tax paid by the entire community.” 3. AMEND SECTION V 1. d. relating to assessment term – “Street Reconstruction / Reclamation / Rehabilitation – 10 years” Conclusion The Assessment Review Work Group recommends the revisions to the Assessment Policy as provided above. The Assessment Review Work Group also recommends that the City Council discuss revisions of the Assessment Policy for overlays / resurfacing. ISSUES: Up until recent years, the City had not utilized reclamation or rehabilitation to upgrade streets. Most streets which were being upgraded did not include concrete curb and gutter. The City has now entered the era where replacement of pavement on streets which include concrete curb and gutter is necessary. As the City begins the M.S.429 process for the Raspberry Ridge Neighborhood, it is appropriate to determine the assessment formula for which this project will be computed if a reclamation / rehabilitation option were selected. Because of Public Hearing noticing requirements, it is important to determine if the City Council agrees with the Assessment Review Work Group on the assessment for reclamation / rehabilitation. Considering recent assessments for reconstruction projects, the 40% rate appears to be getting close to the benefit appraisal consultations recently completed. Future projects may need to reduce overall assessments below 40% to match the value indicated in the benefit appraisal consultations or the City may wish to amend the Assessment Policy with a new percentage or a specific unit rate. FINANCIAL IMPACT: A number of reclamation / rehabilitation projects are proposed in the Capital Improvement Plan. The funding for these types of projects would change with the proposed amendment. It should be noted however, that the City will need to bond for the assessment amounts, so the debt levy does not change during the short term. 3 Recent assessments for street reconstruction utilizing the 40% of street and storm sewer costs have been as much as $10,500 per unit. Reclamation / rehabilitation utilizing 40% of the street and storm sewer amounts will result in assessments of as much as $7,000 per unit. ALTERNATIVES: 1. Approve a resolution amending the assessment policy as recommended by the Assessment Review Work Group or with amendments. 2. Deny the amendment to the policy and provide direction on specific language changes. 3. Table this item to some point in the future. RECOMMENDED MOTION: A motion and a second for approval of alternative #1. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 15-xxx A RESOLUTION AMENDING THE ASSESSMENT POLICY REGARDING STREET RECLAMATION OR REHABILITATION Motion By: Second By: WHEREAS, Assessments are used in part to finance public improvements; and, WHEREAS, The Assessment Policy provides guidance to City Staff, Assessment Review Work Group, 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 which provides for assessment for street reclamation / rehabilitation improvements with an adoption date of November 9, 2015 is hereby adopted. PASSED AND ADOPTED THIS 9th DAY OF NOVEMBER 2015. VOTE Hedberg Keeney McGuire Morton Thompson Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 1 ASSESSMENT POLICY FOR PUBLIC AND DEVELOPMENT-INITIATED IMPROVEMENTS Adopted November 9, 2015 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 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: 1. The land must have received a special benefit from the improvement. 2. The amount of the assessment must not exceed the special benefit. 3. The assessment must be uniform in relation to the same class of property within the assessment area. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 2 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: 1. Construction Cost 2. Engineering 3. Administrative 4. Right of Way Acquisition/Condemnation Costs 5. Legal 6. Capitalized Interest 7. 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. 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. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 3 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 Distrit 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. 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. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 4 Multi-Family A structure of more than two units. Net Area for Development Fee Calculation Net area is defined as the gross area of land within the proposed subdivision less any stormwater, ponding or 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 Density Unit Residential Equivalent Density units (RED) is defined as a 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. Street Reconstruction Paved street replacement including all pavement, curb and gutter, base material, and storm sewer. Street Reclamation / Rehabilitation Paved street replacement including all pavement. 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 City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 5 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. 1. 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. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 6 2. 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: a. 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. b. 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. c. 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. 3. 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. In those instances where a lot(s) gain access from a common driveway or private street that abuts the improvement, the front footage will be based on its frontage along the private street or common driveway. 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: a. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 7 b. c. d. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 8 e. f. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 9 g. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 10 h. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 11 i. j. 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 City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 12 150 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: 1) Five (5) year period expires 2) Final platting of the property 3) Sale or transfer of ownership. SECTION IV - TYPES OF IMPROVEMENTS 1. 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. 2. 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. 3. 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. 4. Street Resurfacing and Sealcoating. 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. 5. Street Reconstruction / Reclamation / Rehabilitation. The cost of a street reconstruction / reclamation / rehabilitation 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. 6. Sanitary 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. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 13 7. 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, length, and depth shall be paid from the City’s Trunk Reserve Fund. Regardless of pipe size, when a sewer and water line is extended through a developed area but also would serve an undeveloped area or provides for looping of the system, the cost of the pipes may be divided between assessments, trunk funds, or other funds at the discretion of the City Council. 8. 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. 9. 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. 10. 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 are normally paid from general ad valorem taxes, Municipal State Aid funds, or the Street Oversize Fund. SECTION V - ASSESSMENT DETAILS 1. 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. a. Sidewalk Improvements - 10 years b. Street Construction - 10 years c. Street Resurfacing - 10 years d. Street Reconstruction / Reclamation / Rehabilitation – 10 years e. Sanitary Sewer & Water Laterals - 20 years f. Storm Sewer Improvements - 10 years g. Nuisance Abatements - 1 year ($1,000 or less), 5 years ($1,001 or more) h. Delinquent Connection Fees, Utilities - 1 year i. Diseased Tree Abatement – 1 year ($1,000 or less), 5 years ($1,001 or more) 2. Interest Rate on Assessments. The interest rate for the assessment shall be 2 percent higher than the net interest cost of the bonds that have been issued for the project or if no bonds City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 14 were issued for the project, the interest rate shall be 2 percent higher than the net interest cost of the most recent bonds sold by the City. 3. 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 15th of a given year with interest accrued to December 31st 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. 4. 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. SECTION VI – SUPPLEMENTAL POLICY GUIDELINES 1. 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. 2. 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. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 15 3. Tax Exempt Property. There are three categories of tax exempt properties. Assessments are applied as follows: a. Church and school property will be assessed in the same manner as commercial and industrial zoned property. b. State land is normally exempt from assessment unless otherwise negotiated or agreed upon by the affected State agency. c. 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. 4. 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 a. 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. b. 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. c. Park Land is categorized according to the following descriptions: 1) 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 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. 2) 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. 5. 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 City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 16 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. 6. 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. 7. Utility Impact. Costs associated with the restoration for utility work will not be assessed for street improvement projects. 8. 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. 9. Street Lighting. Street lighting costs are an assessable component of an improvement project. 10. Private Streets and Common Driveways. Properties accessed from a private street or common driveway within an improvement area or adjacent to the improvements will be assessed. 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 1. 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. City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 17 2. 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. 3. 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. 4. 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. 5. 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. 6. Street Oversize Acreage Charge. 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. 7. 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. 8. 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. 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 City of Prior Lake Assessment Policy for Public and Development-initiated Improvements 18 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.