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HomeMy WebLinkAboutMay 30, 1978 TENTATIVE AGENDA ADJ.REG. SESSION SHAKOPEE, MINNESOTA MAY 30, 1978 Mayor Harbeck presiding 11 Roll Call at 7 :00 P.M. 21 Assessment Policy 31 Other business : 41 Adjourn. Douglas S . Reeder City Administrator CITY OF SHAKOP' EE 129 East First Avenue, Shakopee, Minnesota 55379 r MEMO TO: Doug Reeder, City Administor FROM: Chet Harrison, City Engineer SUBJECT: Assessment Policy Examples DATE: May 26 , 1978 The most serious problem in assessing occurs in the developed areas of Shakopee . For that reason, I address my test problem to the cities standard street structure . Testing the various methods recommended in that report, I find that plan (b) works the best overall . What plan (b) does , is takes the cost of construction along the long side of the block and spreads that cost uniformally over all the lots within that block. The biggest problem encountered with this method is the fact that when one block of long side street improvement takes place a minimum of twenty property owners must be notified and assessed for the two abutting blocks adjacent to that street . (This procedure was attempted on 11th Ave , East of Marschall Road and was rejected by the City Council . ) This procedure is used in St .- Louis Park. In August 1976 the City Council approved the following assessment policy for corner lots . This policy was adopted for the construction of Dakota , Bluff and Main. The general policy statement is as follows : Adjusted front footage for corner lots abutting an improvement on both sides shall be determined as the short side frontage and 50% credit on the long side with a maximum credit no greater than the short side frontage . If only the long side improvement is being assessed the corner lot will be fully assessed . When the short side improvement goes in, no assessment will be levied . If the short side is improved first, the full frontage on the short side will be assessed. When the long side improvement is constructed later it will be assessed for the long side minus the short side footage . (Example : a standard city lot is 60 X 142 , they would be assessed for 82 feet) This existing policy is 2ry'" Pa ge 2 similar to policy (C) . This policy will work the same as policy (C) . Serious problems occur when long side improve- ments are assessed . All the corrections that were discussed at out last council meeting have been incorperated into the revised assessment policy. CH: em CITY OF SHAKOPEE 129 East First Avenue, Shakopee, Minnesota 55379 MEMO TO: Council Members FROM: Kathy Kirkpatrick SUBJECT: Special Assessment Policy DATE: May 26 , 1978 Please insert the enclosed pages in your Special Assessment Policy and discard the old pages. Thanks . PUBLIC IMPROVEMENTS AND SPECIAL ASSESSMENT POLICIES FOR THE CITY OF SHAKOPEE SHAKOPEE, MINNESOTA Proposed Draft April 28, 1978 May 11 , 1978 (2nd Revision) May 26 , 1978 (3rd Revision) I . DEFINITION OF IMPROVEMENTS ELIGIBLE FOR SPECIAL ASSESSMENT A. The fcllowing public improvements , being authorized by Minnesota Statutes 429 .021 , are hereby defined as being eligible for special assessment within the City of Shakopee . 1 . Acquiring, opening and widening streets and alleys; constructing, reconstructing and maintaining side- walks , streets , gutters , curbs , and vehicle parking strips . Included in such projects may be charges for beautification, storm sewers or other street drainage inlet systems , and installation of connections from utilities to property lines . 2 . Construction, reconstruction & extension of waterworks systems . This includes all appurtenances of a water- works system, including treatment plants . 3 . Construction and reconstruction of sanitary sewer sys- tems . Also included may be outlets , treatment plants, pumps, lift stations, and other appurtenances . 4. Planting, trimming, care and removal of street trees . 5 . Construction and reconstruction of storm sewer systems . Also included may be outlets , treatment plants, pumps , lift stations and other appurtenances . 6 . Installation, replacement and extension of street lighting . 7 . Acquisition and improvement of land and purchase of equipment for parks, playgrounds , and recreational facilities . 8 . Acquisition and construction of parking lots . 9. Construction, reconstruction and extension of dikes and other flood control works . 1C . Construction, reconstruction, extension and maintenance of retaining and area walls . 11 . Abating nuisances; including, but not limited to, drain- ing and filling swamps , marshces and ponds on public or private property. 12 . Installation, replacement and extension of street signs . (1 ) I . Continued B . The City of Shakopee also retains authority to recover, through special assessment , the following maintenance costs : 1 . Snow, ice and rubbish removal from sidewalks . 2 . Weed elimination from street and private property. 3 . Street lighting, sprinkling, dust treatment, surfac- ing and patching. 4. Repair of sidewalks. 5 . Care of trees and removal of diseased and/or unsound trees. II . INITIATION OF PUBLIC IMPROVEMENT PROJECTS Public improvement projects may be initiated by petition of at least 35% of the affected property owners . Such petitions will be received by the City Council until the first day of February of each year for inclusion in that year ' s capital improvement program. Petitions for public improvements submitted after that date will be received and acted upon during the year only by special consent of the City Council , or will be received and considered for the capital improvement program of a subsequent year. Public improvements may also be initiated by the City Council when, in its judgement , such action is required . (2) III . PUBLIC IMPROVEMENT PROCEDURES The following is the general procedure which will be followed by the City Council for all public improbement projects 'from initiation of such a project through certi- fication of the assessment role to the County Auditor. For- mats for the various reports and resolutions referenced in this section are , hereby , made a part of these policies and procedures of the City of Shakopee . STAFF FUNCTIONS COUNCIL FUNCTIONS I . Review petition for submission 2 . Accept petition Initiate to Council and submit to the and order prep- project on Public Utility Commission for aration of feas- basis of written comment . ibility report OR Council de- sire, citi- zen request or other 3 . Prepare feasibility report , or agency re- review report submitted by quest . other agency . Send report to the 4. Accept feasibility report and Public Utilities Comm. order public hearing. S . Publish hearing notice, mail 6 . Conduct public hearing, adopt notice to property owners .. resolution ordering improvement to be constructed and advertise- ment of bids . A sale of bonds to finance project costs may be initiated at any time after the 7 . Prepare final plans , advertise public hearing is conducted . for and open bids, prepare bid 8 . Award contract based on bids tabulation, and make recommenda- received. tion for award . 9 . Supervise construction, prepare 10. Review assessment schedule( s) payments , and prepare assess- and order assessment hearing( s) . ment rolls . 11 . Publish hearing notice, mail no- 12 . Conduct assessment hearing,adopt tice of hearing date( s) and resolution adopting assessment assessments to property owners . roll and authorize certification 13 . Certify assessments to County to County Auditor. Auditor. b. (3) IV. FINANCING OF PUBLIC IMPROVEMENTS A. Goals and Justification of Policy It is the intent of the City of Shakopee to encourage public improvement projects as the area( s) benefiting and needing such improvements develop . Examples of this policy can be seen through the subdivision regulations , zoning ordinance , and building codes . New areas are re- quired to provide needed improvements and services before development , thereby not creating unexpected hardships on the property owners purchasing such property nor on the general public . However, it is recognized that certain areas of the City have developed without all needed public improvements (e .g. - parks , water, sewer, and street im- provements) and that methods must be found to provide these improvements without causing undue hardships on the general public or the individual property owner. Special assessments are generally accepted as a means by which areas can obtain improvements or services , however, the method of financing these is a critical factor to both the City and the property owner. Full project costs spread over a very short term can cause an undue hardship on the property owner and , likewise , City costs and systems costs spread over a long period of time can produce an undue hardship on the general public of the City. It is the policy of the City to not defer assessments except in cases where senior citizens are involved. (4) VII . Continue3 Subsurface Improvements Subsurface improvements shall normally include such items as water distribution, sanitary, sewer and storm sewer lines and electric and gas utilities . A. Goals and Justification of Policy The goal of subsurface improvements is to provide specific public utility service systems which least alter the natural environment of the community while at the same time secure maximum protection of health and safety with adequate and efficient service at a fair and equitable distribution of benefits and costs. B . Policy Statement Subsurface improvements shall be made to serve current and projected land use . All installations shall conform to standards as established by those state and/or federal agen- cies having jurisdiction over the proposed installations . All installations shall also comply , to the maximum extent feasible , to such quasi-official , nationally recognized , standards as those of the American Insurance Association (formerly National Board of Fire Underwriters) . Service ]_fines from the lateral or trunk to the the property ine for each known or assumed building location shall be in- stalled in conjunction with the construction of the mains. ( 11 ) VIII . POLICIES AND PROCEDURES FOR ASSESSING SURFACE IMPROVEMENTS Cost of costt.ruction of streets shall be assessed based on the minimum design strength of 7-ton axle load in residential areas and 9-ton in commercial and industrial areas . All design con- sideration shall be as determined by the City Engineer. Costs which are incurred in excess of the above may be paid by: (1) State Aid Funds, (2) Larger assessment rates to other benefited properties , (3) General Obligation Funds, or (4) any ether method or combination of methods authorized by the City Council . Street widths or design strength fur streets fronting on bene- fiting properties other than single family cannot be establish- ed as a general policy, as such factors are directly related to the proposed land use and traffic generation. Assessable costs for street improvements benefiting properties other than single family shall normally be 100% of the assessable costs , however , the City Council may determine a portion of the costa are to be paid by: ( 1) State Aid or other grant monies , (2) Gen- eral Obligation Funds , (3) special districts , or (4) any other method or combination of methods established . Street , curb and gutter, and sidewalk improvements will normally be assessed by the adjusted front foot method ; however, the "per lot" method and "area" method may be utilized if conditions warrant A. Adjusted Front Footage Method 1 . Rectangular Interior Lots The rectangular lot is defined as having no- more than 2 .0 feet diff&rence between the front ano back lot line . The adjusted front footage is the actual front footage of the ]lot . For rectangular lots whose frontage is greater than its depth, the "odd shaped lot" method as explained next shall be used . 2 . Odd Shaped Lot For odd shaped lots such as exist on cul-de-sacs, curved streets , etc . , and where there is more than 2 .0 feet of difference between the front and back lot lines the "odd shaped lot" method of determining the adjusted front. footage shall be used . The adjusted front footage shall. be computed by dividing the area of the lot by 9 ,000 to determine the equivalent number of front footage units in the parcel . The number of units multiplied by 60 feet will give the adjusted front footage . The area shall be computed to a maximum depth of 150 feet only . ( 13) VIII . Continued 3 . Corner Lot (Odd Lot) a . Corner lots will only be assessed at a rate of 50% of the unit rate for the short side of the lot in question for each street improved. If both streets are improved simultaneously, 100% of the short side footage will be used. b. Alternate method #1 All lots within the block in question will be assessed equally for long side street improve- ments . Short side street improvements will be assessed for the full frontage . C . Alternate method #2 100% of the adjusted footage cost for all utili- ties on the short side of the lot . 25`/0 of the adjusted footage cost on the long side of the lot . This will not exceed 1C0 feet of credit for the lot in question. B . Per Lct Method When it is determined to assess by the "per lot" method, the following procedures shall be used: 1 . All lots shall be assessed equally . C. Area Method When it is determined to assess by the "area" method, the following procedure shall be used: 1 . Each parcel shall be assessed based on the number of square feet of area within its boundary. (14) X. POLICIES OF RE-ASSESSMENT A. Goals and Justification of Policy: The design and construction of public improvement projects must be a weighing process cf the desired service life of any improvement to the expected cost of construction to attain that service life . The goal of the City of Shakopee in designing public improvements shall therefore be to design such improvement to last a reasonable service life . As such, it is recognized that reconstruction and re-assessment must occur at the end of this service life . This policy shall further imply that it shall be the City ' s responsibility to insure that the actual life of the improvement is at a minimum equal to the designed service life , reasonable and equitable methods of re-assessment must be established to insure that the public obtains the benefit for which they have paid . To implement these goals , the City of Shakopee in constructing or reconstructing any public improvement shall design such improvement to last for a definate period . The life expectancy or service life shall be as stated in part "B" of this section, or if different, shall be as stated in the Resolution ordering improvement and preparation of plans . When such project needs renewing or replacement , the amount to be re-assessed against the property owner for such renewing or replacing shall be credited for that portion of the original assessed amount based on a ratio of actual life of the original improvement to the expected service life of the original improvement . B . Policy Statement : For the purpose of re-assessment , the following are hereby established as the "life expectancies" of "service lives" of public improvements - unless otherwise. stated in the resolution ordering improvement and preparation of plans , in which case , the life set forth in the resolution shall govern. 1 . Sidewalks - 20 years 2 . Street improvements , including surfacing and curb and gutter - 20 year 3 . Ornamental street lighting - 20 years 4 . Water Mains - 30 years 5 . Sanitary Sewers - 30 years 6 . 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