Loading...
City Council Ordinance 58 (2)13-4-,1 CHAPTER i ASSESSMENTS 13-1-1 SECTION: 13-1.-1: GENERAL 13-1-2: WATER, SANITARY SEWER,'AND STORM SEWER 13-1-3: STREETS' INCLUDING CURB AND GUTTER GENERAL: I I (A) THE PROJECT COSTS, WHICH SHALL BE COMPUTED FOR ANY 11MPROVEMENT TO BE WHOLLY OR PARTIALLY ASSESSED, SHALL CONSIST OF THE FOLLOWING COMPONENT COSTS: i. CONSTRUCTION 2, ENGINEERING INSPECTION ;!Tr • LEGAL 7,1 1 _ T 5• ,FISCAL; , I 6. ADMINISTRATIVE 7. ASSESSMENT ROLL PREPARATION . LAND ACQUISITION 9. EASEMENTS- 10, CONDEMNATION 1 _, 11. CAPITALIZED INTEREST AS DETERMINED FROM THE SALE OF BONDS OR START OF CONSTRUCTION, WHICHEVER IS EARLIEST, TO THE DATE OF THE ASSESSMENT HEARING. 12. MISCELLANEOUS (B) ALL IMPROVEMENT PROJECTS, WHICH WILL BE TOTALLY OR PARTIALLY ASSESSED, TI IWILL BE HANDLED IN FULL CONFORMANCE WITH THE PROVISIONS OF MINNESOTA i, - 1 STATUTES CHAPTER 1129, (Cj ALL ASSESSMENTS AGAINST BENEFITED PROPERTY MAY BE PAID IN FULL WITHIN THIRTY (30) DAYS FOLLOWING THE ASSESSMENT HEARING WITHOUT INTEREST OR PENALTY. _ 1 (D) ASSESSMENTS MAY BE PAID ON AN INSTALLMENT BASIS OVER A VARYING NUMBER OF YEARS, NOT TO EXCEED TWENTY (20) INSTALLMENTS, AS DETERMINED BY THE COUNCIL FOR EACH SPECIFIC PROJECT BASED ON THE TYPE OF IMPROVEMENT AND THE STATUS OF THE BENEFITED•PROPERTY. 711 / -E -I_ ANNUAL INSTALLMENTS MAY BE CALCULATED ON THE BASIS OF EVEN PRINCIPAL PAYMENTS PLUS INTEREST ON THE UNPAID BALANCE, OR ON THE BASIS OF EVEN 1` ANNUAL INSTALLMENTS, INCLUDING PRINCIPAL AND INTEREST, AS THE COUNCIL MAY DETERMINE, -(F) INTEREST SHALL BE CHARGED ON THE UNPAID BALANCE IN ALL CASES AT A RATE OF AT LEAST 1.5%0 (ROUNDED UP TO THE NEAREST .25%), OVER THE RATE PAID ON THE BONDS ISSUED TO FINANCE THE IMPROVEMENTS, ©R, IF INTERNALLY r FINANCED OVER THE -THEN EQUIVALENT RATE THE--, CITY, DETEf2MA NES IT WOULD HAVE TO PAY ON BONDS ISSUED AT THAT TIMEo 1 FOR -ALL NEW SUBDIVISIONS, THE PAYMENT PROVISIONS IN -'THE CITY'S SUB— DIVISION ORDINANCE 11-7-1 THROUGH 11-7.4 SHALL APPLY. - IT II - 13-1-1 13-1-2 (H) IN ANY EVENT, THE ENTIRE ASSESSMENT BALANCE OUTSTANDING AGAINST A GIVEN PARCEL, OTHER THAN ASSESSMENTS MADE FOR THE SPECIFIC IMPROVEMENT PROJECTS LISTED FOLLOWING THIS PARAGRAPH, MUST BE PAID IN FULL AS A REQUIREMENT FOR OBTAINING A BUILDING PERMIT FOR PRINCIPAL USE (AS DEFINED IN THE CITYIS ZONING ORDINANCE 10-2-2) NEW CONSTRUCTION ON THAT PARCEL, EXEMPT PROJECT IDENTIFICATION NUMBERS: 1977-1 IMPROVEMENT PROJECT, 1977-2 IMPROVEMENT PROJEtY, 1977-3 IMPROVEMENT PROJECT AND ALL PROJECTS FOR WHICH ASSESSMENTS WERE LEVIED PRIOR TO 19'78. (I) THIS ASSESSMENT POLICY IS NOT INTENDED TO REPLACE OR CHANGE 4 ANY WAY THE CITYIS CURRENT POLICY WITH REGARD TO SEWER AND WATER, SERVICE AND CONNECTION CHARGES, 13-1-2 WATER, SANITARY SEWER AND STORM SEWER (A) LATERALS I I, THE CITY ENGINEER SHALL DETERMINE, SUBJECT TO!CbNFIRMATbN BY THE CITY COUNCIL, WHEN A SEWER OR WATER LINE IS DESIGNED FOR OTHER THAN LATERAL BENEFIT WITH THE FOLLOWING DEFINITION OF'A LATERAL ASSUMED TO BE TYPICAL: A, WATER, RESIDENTIAL - A 611 DIAMETER L1Nt' B. WATER, MULTIPLE DWELLING - AN 81 ' DIAMETER LINE C, WATER, COMMERCIAL/INDUSTRIAL - A 10" pIAMETER LINE- D. SEWER, RESIDENTIAL - AN 811 DIAMETER LINE_iAT1A DEPTH OF UP TO 121 E. SEWER, MULTIPLE DWELLING/COMMERCIAL/INDUSTRIAL - A 10" DIAMETER LINE AT A DEPTH OF UP TO 121 (CURRENT ZONING OR LAND USE SHALL BE APPLIED) 2, IN RESIDENTIALAREAS, LATERALS WILL BE 100% ASSESSED AGAINST BENEFITED PROPERTY USING A UNIT OR PARCEL METHOD, A UNIT OR PARCEL IS EQUAL TO ONE (I) DEVELOPED SINGLE FAMILY RESIDENTIAL LOT OR A VACANT PLATTED LOT WHICH MEETS THE CITYIS MINIMUM LOT RtQUIREMENTS FOR A SINGLE FAMILY DWELLING, WITH A WIDTH OF AT LEAST 801j'ORS, IN THE CASE OF AN UNPLATTED AREA, THE NUMBER OF UNITS SHALL. BE DETERMINED BY THE NUMBER OF MINIMUM SIZED LOTS, EACH HAVING 801 FRONTAGE ON THE PARTICULAR UTILITY LINE BEING CONSTRUCTED THAT COULD BE OBTAINED BY SUBDIVIDING THE �RbPERTY. 3, FOR COMMERCIAL AND 'INDUSTRIAL PROPERTY, THE LATERAL ASSESSMENTS SHALL BE BASED ON THE FRONT FOOT METHOD, THE FRONT FOOTAGE ASSESS- MENT AGAINST COMMERCIAL AND INDUSTRIAL PROPERTY SHALL BE DETERMINED ON THE BASIS OF THE EQUIVALENT OF 80 FRONT FEET fER UNIT. EXAMPLE: A COMMERCIAL/INDUSTRIAL PROPERTY WITH A 5001 irRONTAGE WOULD RESULT IN AN ASSESSMENT AS FOLLOWS: 500 DIVIDED BY 80 s 6,25-''UNIT6TIMES THE UNIT ASSESSMENT FOR THAT PROJECT, 41,ILATERAL. ASSESSMENTS AGAINST PROPERTY ±ONEDi AND/OR CURRENTLY USED AT THE TIME!OF 4"rTALLATION, FOR MULTIPLE '(OTHER THAN SINGLE) FAMILY RESIDENTIAL CONSTRUCTION SHALL BE DETERMINED ON THE BASIS OF •75 SINGLE FAMILY RESIDENTIAL EQUIVALENT UNIT PER EACH PROPOSED DWELLING UNIT, OR ON A FRONT FOOT BASIS, AS THE COUNCIL MAY DETERMINE, �+• IN THE EVENT OF LARGE PLATTED LOTS, CONTAINING ONE (1) DWELLING UNITAT THE PRESENT TIME, ADDITIONAL UNIT CHARGES SHALL BE MADE IF THE PRESENT BUILDINGS ON THE LOT ARE LOCATED SO AS TO PERMIT A SUBDIVISION OF THE LOT, PROVIDING ADDITIONAL BUILDING SITES MEETING THE C I TY 1 S MINIMUM WIDTH AND LOT S !) Z(- �'�tf 1 REMENTS, 13.1-2 13-1-2 IF, IN THE FUTURES THE CITY SHOULD GRANT A WAIVER OF MINIMUM RE— QUIREMENTS AND PERMIT SPLITTING OF A PLATTED LOT ORIGINALLY ASSESSED AS ONE UNIT$'A CONNECTION CHARGE SHALL BE MADE IN AN AMOUNT EQUAL TO THE ' ItMOUkT -WH i CH WOULD HAVE BEEN ORIGINALLY ASSESSED AGAINST THE'PROPE'OTY BEFORE THE PROPERTY DIVISION IS GRANTED* n (B) TRUNK OR I NT-r—PTOR 1. T+t¢ CITY ENGINEER SHALL DETERMINE, SUBJECT TO CONFIRMATION BY THE CITY COUNCIL$ WHEN A SEWER OR WATER LINE IS DESIGNED WHOLLY OR PARTIALLY TO.SERVE AS A TRUNK OR INTERCEPTOR WITH THE FOLLOWING DEFINITION OF TRUNK OR INTERCEPTOR LINES ASSUMED TO BE TYPICAL: A. WATER* RESIDENTIAL — LINES OVER 6" IN DIAMETER B. WATER* MULTIPLE DWELLING — LINES OVER Hit IN DIAMETER C. WATER$ COMMERCIAL/INDUSTRIAL — LINES OVER IG" IN DIAMETER D. SEWER, RESIDENTIAL — LINES OVER 811 IN DIAMETER E. SEWER$ MULTIPLE/COMMERCIAL/INDUSTRIAL — LINES OVER 1011 IN DIAMETER ALSO INCLUDED IN THIS CATEGORY FOR ASSESSMENT PURPOSES ARE MOST LIFT STATIONS AND OTHER UNUSUAL COSTS WHICH MAY BE ASSOCIATED WITH A LATERAL OR DUAL PURPOSE LINE$ SUCH AS THE COSTS INCURRED IN INSTALLING SEWER LINES AT A DEPTH OF MORE THAN 121, 2. 100% OF THE COST OF TRUNK/INTERCEPTOR LINES SHALL BE ASSESSED AGAINST THE NET PLATTED AREA$ WHETHER OR NOT SERVICE WILL BECOME IMMEDIATELY AVAILABLE TO THE PROPERTY AS A RESULT OF THE PRO— JECT, THE TRUNK COST SHALL BE COMPUTED AS THE TOTAL PROJECT COST$ LESS THE LATERAL BENEFIT ALONG TK TRUNK LINES AS DETERMINED BY THE EQUIVALENT COST OF INSTALLING LATERAL LINES IN THE SAME PROJECT AREA,, LATERAL ASSESSMENTS ON THE AFOREMi::NTIMNED UNIT OR OR FRONT FOOT BASIS WILL BE MADE FOR THAT PORTION OF THE PROJECT COST, AND THE BALANCE ASSESSED ON AN AREA BASIS TO THE GROSS BENEFITED AREA. 3.� FOR PURPOSES OF ASSESSMENT, "NET PLATTED AREA it SHALL BE DETERMINED TO BE: A. 75% OF 'THE GROSS AREA IN UNPLATTED RESIDENTIAL AREAS. B. 90% OF THE GROSS AREA 1N UNPLATTED MULTIPLE DWELLING$ COMMERCIAL OR INDUSTRIAL AREAS. 4.- FOR LARGE UNDEVELOPED AREAS, ASSESSMENT UNITS WILL BE ACRES; AND IN SMALLiER OR PLATTED PROPERTIES, SQUARE FOOT UNITS WILL BE USED, 5. THE COUNCIL WILL DETERMINE, IN EACH CASE, WHETHER A NECESSARY LIFT STATION SHALL BE CONSIDERED AS BENEFITING A GIVEN AREA AND ASSESSED WHOLLY OR PARTIALLY IN THE SAME MANNER AS A TRUNK LINE* OR WHETHER THE LIFT STATION IS OF GENERAL OR PARTIAL BENEFIT TO THE CITY AND* AS,A RESULTS SHOULD BE PAID FOR WHOLLY OR PARTIALLY THROUGH SEWER DEPARTMENT REVENUS. 6. THE COUNCIL SHALL DETERMINE, IN EACH CASE, WHETHER A TRUNK WATER LINE OR RELATED FACILITY SHALL BE CONSIDERED AS BENEFITING A GIVEN AREA AND WHOLLY OR PARTIALLY ASSESSED$ OR WHETHER THE LINE IS OF GENERAL BENEFIT TO THE CITY$ AND AS A RESULTS SHOULD BE PAID FOR WHOLLY OR PARTIALLY THROUGH REVENUES OF THE WATER DEPARTMENT. 7• SINCE A TOTAL TRUNK SYSTEM MAY BE CONSTRUCTED IN SEVERAL STAGES$ THERE MAY BE MORE THAN ONE TRUNK ASSESSMENT AGAINST A GIVEN PARCEL OF PROPERTY. IN NO EVENT SHALL THE TOTAL ASSESSMENT AGAINST A GIVEN PARCEL OF PROPERTY EXCEED THE TOTAL COST INCURRED IN FURNISHING TRUNK SERVICES TO THAT PROPERTY. 3-1-2 13-1-3 H, WHEN WATER AND SEWER TRUNK AND/OR OTHER CORE FACILITIES ARE 1 CONSTRUCTED WHICH BENEFIT AREAS LYING OUTSIDE THE CORPORATE _, LIMITS* A TRUNK CONNECTION CHARGE SHALL BE ESTABLISHED FOR THAT �l BENEFITED PROPERTY WHICH IS LOCATED OUTSIDE THE CORPORATE LIMITS WHICH SHALL BE PAID UPON CONNECTION TO THE SYSTEM. THIS CON- NECTION CHARGE SHALL BE IN AN AMOUNT EQUAL TO THE TRUNK ASSESSMENT* OR ASSESSMENTS* LEVIED AGAINST EQUALLY BENEFITED PROPERTY WITHIN THE CORPORATE LIMITS AT THE TIME THE PROJECT* OR PROJECTS* ARE COMPLETED* INCREASED ANNUALLY BY THE ENGINEERING News RECORD INDEX FOR EACH YEAR BETWEEN THE DATE OF INSTALLATION OF THE LINE AND THE DATE OF CONNECTION. ANY PARTIAL YEAR SHALL BE CONSIDERED A FULL YEAR IN DETERMINING THEINCREASE. (C) STORM SEWER I, STORM SEWER -CASTS WILL BE 100% ASSESSED TO BENEFITED PROPERTY ON A INET iPLATTED AREA IBAS-I So 2, FOR PURPOSES OF ASSESSMENT, "NET PLATTED AREA" SHALL BE DETERMINED TO BE: A, 75%,OF THE '.GROSS AREA IN UNPiLAT,TED RESIDENTIAL AREAS* B, 96% OF THE GROSS AREA IN UNPLATTED MULT l P!._E COMMERCIAL -;OR INDUSTRIAL AREA$9 3, I STORM SEWER -ASSESSMENTS FOR OTHER THAN SINGLE FAMILY RESIDENTIAL PROPERTY SHALL BE DETERMINED BY MULTIPLYING THE RESIDENTIAL AREA ASSESSMENT -PE -R SQUARE ,FOOT!-OiR ACRE& TIMES THE FOLLOWING FACTOR: As OPEN; SPACE : .35 Bo MULTII_PLE DWELLING 1.1,'5' Co- COMME,RGIAL/INDUSTRI-AL 200 - STREETS, INCLUDING C URB AND GUTTER - ALL STREET IMPROVEMENTS, INCLUDING CURB AND GUTTER*.SHALL BE 100%* ASSESSED AGAINST THE ABUTTING PROPERTY ON A FRONT FOOTAGE BASISo 03) THE ASSESSABLE FOOTAGE ON A STREET PROJECT CONSISTS OF ALL FRONT FOOTAGE, NOT INCLUDNG THE LONG SIDE FOOTAGE ON !CORNER LOTS* AND IN THE CASE OF ODD -SHAPED LOTS* THE FOOTAGE SHALL BE DETERMINED TO BE THE FOOTAGE AT THE BUILDING SETBACK LINE* BUT SHALL IN NO EVENT BE LESS THAN THE MINIMUM LOT WIDTH AS REQUIRED BY THE CITY,. COSTS ATTRIBUTABLE TO INTERSECTIONS. AND SIDE LOT FOOTAGE SHALL BE INCLUDED IN THE TOTAL AMOUNT TO BE ASSESSED AND APPORTIONED OVER THE NET ASSESSABLE FOOTAGE, (C) CITY -OWNED PROPERTY SHALL BE INCLUDED AS ASSESSABLE FOOTAGE AND PAID FOR BY THE CITY, - (D) IN THE EVENT STREET REPLACEMENT IS NECESSARY AS A RESULT OF UNDER- GROUND UTILITY CONSTRUCTION* THE CITY MAY DETERMINE TO ASSESS 500 OF THE STREET .REPLICEMENT COST, _ IF THE COUNCIL DETERMINES THAT THE STREET* WHICH'MUST BE REPLACED AS A RESULT OF THE UNDERGROUND UTILITY CONSTRUCTION* WAS OF SUCH DETERIORATED CONDITION AS TO HAVE BEEN IN NEED OF REPLACEMENT WHETHER OR NOT UNDERGROUND WORK WAS NECESSARY* THEN ICO% OF THE STREET REPLACEMENT COST SHALL BE ASSESSED AGAINPT THE BENEFITED PROPERTY ON A FRONT FOOTAGE BASIS, i 13-1-3 13-1-3 (F) IN THE EVENT STREETS ARE RESTORED TO THEIR CONDITION PRIOR TO THE UNDERGROUND UTILITY CONSTRUCTIONS THE STREET COST SHALL BE ASSESSED ON A UNIT BASIS AS A PART OF THE UTILITY CONSTRUCTION COST. IF THE STREET IS UPGRADED* THE DIFFERENCE BETWEEN THE COST OF RESTORATION TO ITS PRIOR CONDITION AND THE DESIRED UPGRADING SHALL BE ASSESSED AGAINST THE BENEFITED PROPERTY ON A FRONT FOOTAGE BASISt WITH THE RESTORATION COST BEING INCLUDED IN THE UTILITY CONSTRUCTION ASSESS- MENT ON A UNIT BASIS. IN NO EVENT SHALL ASS, SSi4ENTS FOR STREET CONSTRUCTION BE SPREAD OVER A PERIOD OF MORE THAN TEN (10) YEARS. (7-10-78 #58) ....T nT , 0I..17.' 1..1:T :1 - J!..i. T T- 31.11 t' I T ,"T '.'T I J I .. iT 1 „T r; C 1 T • ' 1 T. YT I J I TID ...;T C T. A5 _ 1 : , T I 10 TA,.'OT--_ T 71 T3 „' _ 1 7I.T ` ;.' F - I T---� T.. _ '71 1 1 .- 7''T C 1"i I C I., "TI OT -I:T :!TP"t'.i T! C. ., A O YT -`7 i 1 =.tT T_ O 1 TZl',. T I_ I l IiT ! I JJ_. I I_ T "IT!,. .'VF,3!. 1 T _? ,. 1. _c _