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HomeMy WebLinkAbout88-152 - ADMIN Resolution - City Council - 1990/10/17RESOLUTION NO. 88-152 A RESOLUTION AMENDING" RESOLUTION NUMBER 88-41 ESTABLISHING ASSESSMENT POLICIES FOR IMPROVEMENT PROJECTS WHEREAS, project designs for the installation of City improvements may differ with respect to zoning districts and special characteristics of certain streets and thoroughfares; and WHEREAS, distinctions can be made with respect to benefits realized by properties adjoining these improvements in accordance with zoning designations and street characteristics; and WHEREAS, it is the desire of the City Council to express its policy on assessments for improvements for the guidance of its staff and its citizens; and WHEREAS, the City Council hereby amends Resolution 88-41. This Resolution shall replace the prior resolution as a guide for the assessment of improvement projects; THEREFORE, BE IT RESOLVED by the City Council of St. Louis Park that; 1. DEFINITION OF MARKET VALUE Special assessments are intended to reflect the influence of a specific local mprovement upon the value of property and no matter what particular formula or ethod is used to establish the amount of the assessment the real measure of benefits is the increase in the market value of the land as a result of the improvement. 2. PAVING, CURB AND GUTTER A. Projects to be assessed will be specially assessed a direct benefit of $10.50 per front foot for paving and $5.50 per front foot for curbing and gutter for residential properties and 100% of the cost for commercial and multi -family properties. B. STANDARD BLOCKS. All paving, curb and gutter projects, for which no assessment has been approved prior to May 1, 1972, the corner lot shall be charged 25% of the side street improvement cost. The remaining 75% of the side street improvement cost shall be charged equally on a front foot basis to all frontage, from the corner midway to the next intersection. --The 75%1 1anceis described to be the indirect benefit. C. NON-STANDARD BLOCKS. The assessor, in spreading the assessment in the following situations may deviate from the Council's formula in spreading the cost to the extent that benefits asssessed are in proportion to benefits received for each type of improvement and equitably compare with assessed properties in the improvement project: 1. Where platting is irregular, including metes and bounds described roperties, III2. In circumstances where subdividing has caused a rearrangement at the end f the block, 3. Where lots or building sites front on a side street contrary to the egular grid platting, /11 g°8- 0 4. In circumstances where the distance between two corner lots is 300 feet or less, 5. Where "T" alleys involve lots having the depth of lot adjacent to the bottom side of the cross "T". 6. Where a lot has frontage on two streets, the assessment will be on the street where the property is addressed. D. Driveway aprons shall be assessed to the benefitting property owner 100% of the cost of the improvement. E. All lands occupied by churches not in excess of their reasonable needs and used actively and exclusively for religious purposes shall be assessed at the prevailing rate applying to single or double family houses. F. For purposes of preparation of engineering data, improvement proceedings, and other administrative and engineering details, the administrative staff and the Department of Public Works may delete from any street improvement -area any- street or curb and gutter which in reasonable judgement of staff should be free from major maintenance and repair (barring unforeseen problems) for at least five (5) years from the date of the proposed improvement and does not adversely affect the general need, including drainage, and other essential determinations involved in the project area. G. Any street, curb and gutter, or other appurtenance involved in such street improvement project area so deleted may be reinstated or included by petition of not less than 51% of the owners of abutting and benefitting real properties of a street previously deleted. H. The City Assessor in making his assessments on new curb and gutters shall give credit to the property owner to insure that no assessment will be made for the removed lineal footage of curb and gutter when such curb and gutter would be, in reasonable judgement of the Department.of Public Works, free from major maintenance and repair (barring unforeseen problems) for at least 5 years from the date of the improvement and meets grade level requirements for gravity flow or surface storm water and that the storm sewer contractor will be responsible for the replacement costs of any curb and gutter removed or damaged due to his negligence. I. Improvements for paving, curb, and gutter shall be assessed for a period of 20 years to benefitting property owners. 3. SIDEWALKS A. On collector roadways and thoroughfares, the cost of new sidewalk installation shall be assessed at 50_percent of the actual construction costs and the remaining 50 percent of actual construction costs shall be financed by general obligation bonds or other appropriate funds of the City. B. On streets which are not collector roadways or thoroughfares, the cost of sidewalks shall be assessed 100 percent of the construction costs of sidewalks abutting them. C. Commercial, industrial, and multiple family properties shall be assessed 100 percent of the construction costs of sidewalks abutting them. D. The assessment policy for corner lots relative to sidewalk installation shall be as follows: 1. On collector roadways and thoroughfares under City jurisdiction, 25 percent of the actual construction costs of sidewalks shall be assessed against the property's sideyard (long side of the lot); 25 percent of the construction costs shall be assessed on an equal front -foot basis against properties on one-half of the block on the side of the street where the walk is constructed; and 50 percent of sidewalk construction costs shall be financed by general obligation bonds or other appropriate funds of the City. 2 • 4111 2. On streets which are not collector roadways or thoroughfares, 50 ercent of actual sidewalk construction costs shall be assessed against the property wner's sideyard and 50 percent of actual construction costs shall be assesssed on an equal front foot basis against properties on one-half of the block on the side of the street where the sidewalk is constructed. E. Random sidewalk repair will not be assessed but will be paid out of the Street Department budget. 4. STREET LIGHTING A. The cost of street lighting improvements on residential streets as identified in the Comprehensive Plan shall be undertaken only by petition of 75% or more of benefitting property owners and shall be assessed 100 percent against the benefitting properties on a unit basis. After the signed petition is received by the City, but before the improvement is ordered to be made, a written notification shall be sent to benefitting property owners and contain individual assessment aunts, which properties will be assessed, and which property owners signapunts, petition. A unit being defined as the equivalent of a zoning lot. If a standard zoning classification does not exist throughout the project area, special assessments may be computed on a unit, area, or lineal basis or any combination thereof. Non - petitioned projects on residential streets will be financed with general revenues. B. The cost of street lighting improvements for residential properties on collector streets with existing street lighting in place will be financed with general revenues. IIIC. The cost of street lighting improvements along any collector or thoroughfare, as identified in the Comprehensive Plan, where street lighting is not currently in place, shall be assessed- 50 percent of the cost of the standard residential portion of the design, that is intersectional and mid -block lighting. If a standard zoning classification does not exist throughout the project area, special assessments may be computed on a unit, area, or lineal basis or any combination thereof. General revenues -shall be used to finance _the remainder _of the project cost. D. The cost of street lighting improvements in high density areas (six or more units per acre in R-3 Zoning Districts or a zoning district having a greater intensity than the R-3 Zone), business, or industrial areas with existing street lighting in place shall be taken out of the General Fund. E. The cost of street lighting improvements in high density residential areas (six or more units per acre in R-3 Zoning districts or a zoning district having a greater intensity than the R-3 Zone), business, or industrial areas without street lighting currently in place shall be assessed 100 percent against the benefitting properties. Costs shall -be -assessed on-the_basis_of direct and Jnn.direct _benefits. Direct benefits shall be equal to 30 percent of the project costs. The direct benefit shall be calculated by dividing 30 percent of the total project cost by the number of street lights in the project. The unit cost resulting from this formula shall be assessed against properties receiving a direct benefit from an adjoining street light. Direct costs shall be shared equally by adjoining properties when the street light is located on the property line. Indirect benefits shall be equal to 70 percent of the project cost. The indirect costs shall be assessed against all properties in the project area on a front -foot basis. F. The useful life of a street lighting project shall be established as 15 years. Replacement of any portion of the street lighting system shall not be assessable for a period of 15 years from the date of the last street lighting installation. 3 Special assessments shall be financed consistent with the life of the improvement. Individual special assessments of $100 or less shall be paid in one year; and individual special assesssments between $100 and $200 shall be paid in two years, unless the person paying the special assessment is a senior citizen in which case the special assessments may be deferred. 5. ALLEY PAVING A. The cost of alley improvements for residential properties shall be assesssed as follows when at least 51 percent (alley front feet) of the property owners petition for the improvement: 1) Thirty (30) percent of the cost of the improvement shall be assessed against all properties abutting the alley. (INDIRECT BENEFIT) 2) Seventy (70) percent of the cost of the improvement shall be assessed against directly benefitted properties as defined in paragraph 50). (DIRECT BENEFIT) B. A property is directly benefitted if it has an existing garage with direct access to the alley, if an access to the alley could be constructed from an existing garage, or if, no garage exists, there is sufficient area on the lot to build a garage with access to the alley. C. Commercial and multi -family property owners shall be assessed 100 percent of the cost of the improvement. D. Alleys shall be constructed of concrete and shall be assessed for a period of 20 years. 6. MAINTENANCE COSTS FOR UNIMPROVED STREETS AND ALLEYS A. The total cost of maintenance of unimproved streets and alleys, including material, manpower, equipment, financing, supervision, and administrative overhead required for special assessment procedure and performance of work, shall be assessed against those property owners abutting the unimproved street or alley on which maintenance is performed. For purposes of this policy, maintenance is defined as grading, leveling, patching, surfacing, overlaying or sealing any or all portions of any street or alley roadway_ -Activities not related to restoration or improvement_of the roadway surface, such as street sweeping or snow plowing, will not be considered as assessable maintenance costs. B. The assessment for street maintenance shall be determined by totalling the cost for each street maintained during the year and dividing the number of assessable feet of abutting properties to determine a cost per front foot. Said cost will be assessed against the number of feet on the front of any given lot, with side street assessments being assessed using the current City policy for street paving assessments. For pur-pose-s-ef_th_is policy, _a_str_eet or alley is improved when itis constructed with proper drainage, has concrete curbs (streets only) gutters, and meets the State of Minnesota Department of Transportation "Standard Specifications for Highway Construction" which includes, but is not limited to, a minimum six-inch granular base and two-inch asphalt overlay or strength equivalent, or a minimum seven-inch thickness of concrete paving material. C. The assessment for street and alley maintenance shall be determined by totaling the cost during the 12 -month period beginning January 1 of each year and assessing the cost per front foot to benefitting properties. 4 i D Single properties normally will not be assessed more than every three years or improvement of the same street or alley; however,it is anticipated that in the cost of streets and alleys which require "annual maintenance" there will be an accumulative assessment covering the three-year period. Assessments shall be payable in the year levied if the amount is less than $100.00; in two years if the amount is between $100.00 and $199.99; and in three years if the amount is greater than $200.00. The interest rate charged to those property owners electing to pay after the 30 -day period following the adoption of the assessment roll shall be the same as the interest rate charged for general capital improvement projects constructed during the year that the maintenance assessment is levied. E. The cost of street improvements which result from disturbing streets for storm sewers or other major utility installations and repairs shall be included as part of the utility installation or repair agreement and will not be assessed against abutting property owners. However, if the street in question -&as not been -improved for a period of_three years prior to the installation or repair work, the- normal maintenance assessment procedures outlined above shall apply. F. Assessment shall be made against any government property or other tax- exempt property abutting unimproved alleys or streets. 7. STORM SEWERS 41Storm sewers for properties located in R-1 and R-2 zonings shall be assessed ,200.00 per 50 foot lot plus $1.00 for each additional foot and no assessment shall be reater than $300.00. Properties located in a R-1 or R-2 district shall not be assessed more than once or more than $300. These assessments shall be for a period of one year and other assessments for commercially zoned properties shall be assessable for a period of 20 years. 8. SANITARY SEWERS AND WATERMAINS A. Sanitary sewers and watermains shall be assessed to the benefitting property owners for 100 percent of the improvement cost. These assessments shall be for a period of 20 years. 9. WATERMAIN LOOPING A Watermai n l oepi-ng--she44-not-be--s-s-essed-unless—there -i s a --benefit -to the land. These assessments shall be for a period of 20 years. 10. DEFERMENT OF SPECIAL ASSESSMENTS FOR PERSONS 65 YEARS OF AGE AND OLDER A. Assessments against any homestead property owned by a person 65 years of age or older and for whom it would be a hardship to make the payments shall be deferred subject to income conditions upon submission of the appropriate application signed by the qualified person. B. The interest rate for that particular assessment shall be added to the ieferred assessment and shall be payable in accordance with the terms and provisions of M.S.A. Section 444.24. 5 C. The right of deferment is automatically terminated under Section 444.24 if: 1. The owner dies and the spouse is not otherwise qualified; 2. The property or any part thereof is sold, transferred, or subdivided; 3. The property should lose its homestead status;or 4. If for any reason the City determines that there would be no hardship to require immediate or partial payment. D. The total household income requirement to be eligible for special assessment deferments be established at $10,500 or less. E. In the event the deferment is terminated, the principal and interest deferred to that date shall be due and payable, and the remaining principal and interest shall be due over the period of time remaining on the original assessment period. 11. DELINQUENT CHARGES A. Delinquent charges for sewer, water, and refuse services, abatement of nuisances, tree removal, weed removal, curb/gutter repair and responding to fire alarms shall be assessed against those properties benefitting from these services. 12. INTEREST RATES A. In the absence of other instructions by the City Council on specific projects, for the purpose of preparation of reports, assessment proceedings, and other administrative and financial matters, the interest rate for special assessment improvement projects is hereby fixed at nine percent (9%). Adopted by the City Council, —4r-448' ®"f�" ��• Reviewed for Administration: Rzrvoem„_ City Manager 6 /4.J, erg..'' Approved as to form and deg lij : r