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HomeMy WebLinkAbout5J Public Infrastructure Cost Allocation Tool 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: SEPTEMBER 16, 2019 AGENDA #: 5J PREPARED BY: CASEY MCCABE, COMMUNITY DEVELOPMENT DIRECTOR PRESENTED BY: CASEY MCCABE AGENDA ITEM: APPROVAL OF PUBLIC INFRASTRUCTURE COST ALLOCATION TOOL GOAL AREA AND OBJECTIVE: Transportation & Mobility 2. Promote neighborhood connectivity and safety through development and street reconstruction projects. 4. Support complete street designs that ensure pedestrian mobility and multi-modal transportation options. 5. Focus on key corridors that take advantage of collaboration with state and county projects. DISCUSSION: Introduction The purpose of this agenda item is to receive city council approval of a public infrastructure cost allocation tool to support subdivider deposits as detailed in Subsection 1005.302 (3) of the Subdivision Code. History As a result of the MN Supreme Court opinion in Harstad vs. City of Woodbury related to street infrastructure development fees, the Prior Lake City Council sought additional information related to the city’s future transportation needs and the appropriate allocation of benefits related to future transportation projects. The city contracted with SRF Consulting Group in January 2019 to evaluate future transportation infrastructure needs and allocate infrastructure costs to benefiting properties. SRF worked with city staff to identify future transportation infrastructure needs and then completed an infrastructure cost allocation tool. The cost allocation tool was presented to the city council during their September 3, 2019 work session. Current Circumstances In May 2019, the city council approved amendments to update the subdivision and zoning codes to clarify language, update fees and identify methods of installation or funding for public improvements that are made necessary as a result of development in the community. The system provides for the developer to build or the city to build and assess the developer for all improvements needed for a development. This will include, but is not limited to, collector streets, intersections needed at the time of development, medians, turn lanes, right of way acquisition, curbs, gutters, sidewalks and trails. If the developer is unwilling to build the needed improvements, or have the city build and assess, the development can be deemed premature. For improvements that are not needed at the time of development (i.e. intersections needed later) the developer will provide a deposit to be used toward the improvement. Subsection 1005.301, Public Improvements, states, “The subdivider is responsible for the installation, construction and cost of all public improvements required to serve the subdivision, whether such improvements are located on or off of the subdivided property (all required public improvements are referred to in this Section as “Public Improvements”). The City shall determine what improvements are required to serve the subdivision, including but not limited to the following: streets, curb and gutter, traffic and street signals and signs, street lights, medians, and turn lanes; sanitary sewer, water and storm water infrastructure; site grading and ponding; underground utilities; monuments; sidewalks, trails and boardwalks; erosion control; wetland improvements and signage; and landscaping.” The City may, in the City’s sole discretion, agree that some of the public improvements, though impacted by the subdivision, need not be installed or constructed immediately. In such cases, the City may agree to accept a deposit from the subdivider to pay for the subdivider’s portion of the future public improvements. The City and the subdivider shall enter into a deposit agreement which, at a minimum, shall establish the need for the public improvements, set forth the subdivider’s share of the cost, and address the accounting for and refund of any excess deposit. The public infrastructure allocation tool identifies the expected improvements and how those improvements will be allocated between currently undeveloped property. City staff will not know exactly what is needed for each improvement until the improvement is planned and designed. However, the public infrastructure cost allocation tool provides placeholders (which staff can update as more information is gathered or for inflation) to provide an estimate of the expected project. ISSUES: The new system is not perfect. It does not work nearly as well nor is it as equitable as the previous street fee system. However, it does work and is supported by current law. Staff believes that a legislative solution is still the best answer, but in the interim this system may be our best alternative. The public infrastructure cost allocation tool will support the deposit method of public infrastructure improvements as outlined above. ALTERNATIVES: 1. Motion and second, under the consent agenda, to adopt the public infrastructure cost allocation tool as presented during the September 3, 2019 city council work session. 2. Remove item from the consent agenda for additional discussion. RECOMMENDED MOTION: Alternative #1