95-006 - 01-17 - Adopting a Special Assessment Policy Resolution 95-6 Janury 17, 1995
Member Russell introduced the following resolution and moved its adoption:
RESOLUTION ADOPTING A SPECIAL ASSESSMENT POLICY
WHEREAS, it is in the best interest of the City of Golden Valley to have
a consistent policy to levy special assessments for certain public improvements
pursuant to authority delegated to the City in Minnesota Statutes, Chapter 429
and related statutes; and
WHEREAS, the City Council has been considering various options available
to the City.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Golden
Valley, Minnesota that the Special Assessment Policy for the City of Golden
Valley dated January 17, 1995, and attached hereto as Exhibit A is adopted as
the basis for levying special assessments for certain public improvements.
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Blair Tremere, Mayor
ATTEST:
irley J. son, City Clerk
The motion for the adoption of the foregoing resolution was seconded by Member
Thompson; and upon a vote being taken thereon, the following voted in favor
thereof: Johnson, Micks, Russell , Thompson and Tremere; and the following voted
against the same: none; whereupon said resolution was declared duly passed and
adopted, signed by the Mayor and his signature attested by the City Clerk.
Resolution 95-6 - Continued January 17, 1995
EXHIBIT A
SPECIAL ASSESSMENT POLICY
FOR
THE CITY OF GOLDEN VALLEY
JANUARY 17, 1995
GENERAL:
Minnesota State Law, Chapter 429.010 to 429.11 provides municipalities the ability to
make public improvements such as installation of sanitary sewer, water, storm sewer,
sidewalks, and street improvements (including grading, curb and gutter, surfacing, and
lighting). The procedures that Cities must follow, including reports, notices, and public
hearings are well defined within the laws.
The Statute allows municipalities to assess all or portions of the costs of any
improvements to property owners based on the benefits received from the project. The
Statute is not specific regarding the deternunation of benefits to a property, or how to
apportion the costs to the benefiting properties. Rather, the law makes the municipality
responsible for developing an equitable method of cost sharing among the benefiting
property owners.
The purpose of this special assessment policy is to provide a guide, to be used by City
Staff, for preparing assessment rolls for approval by the City Council. This policy is meant
to assure uniform and consistent treatment to all properties within the City as
improvements occur.
The special assessment policy will not cover all possible assessment situations. Special
cases and variations of standard cases that are not specifically discussed under this policy
will be evaluated during preliminary project studies, and assessments will be determined
that do not violate the benefit principles as required by Statute.
No special assessments will be levied against designated flood plains, municipal storm
water ponds or wetland areas on private property as determined by criteria in the Wetland
Conservation Act of 1991 and the Minnesota Department of Natural Resources. The
limits of wetlands will be determined by the City on a case by case basis at the time of
preliminary project design and feasibility report preparation.
No special assessments will be levied against railroad, county highway or state highway
right-of-ways.
Resolution 95-6 - Continued January 17, 1995
SANITARY SEWER AND WATERMAIN A5SESSMENTS:
Reconstruction and Repairs: No special assessments will be levied for repair and
reconstruction of existing sanitary sewer and watermain systems, except for properties
that have not been previously assessed for these utilities.
For properties not previously assessed that are adjacent to sanitary sewer or watermain
reconstruction projects, the amount of special assessments will be calculated on a case by
case basis at the time of preliminary design and feasibility report preparation.
New Construction: In certain instances where property is developing or redeveloping,
public sanitary sewer and watermain must be installed. The developer of such properties
will be responsible for the entire cost of public utilities, whether construction is performed
as a City Improvement Project or by the developer.
At the time such a development project is proposed, the City Engineer will determine if
the project is to be constructed publicly or privately. If the utility installation is to be
constructed privately, the developer will be responsible for preparing construction plans
and specifications consistent with City standards. These construction plans and
specifications must be reviewed and approved by the Engineering Department. The utility
installation must also be inspected by the Engineering Department during construction.
The developer will be responsible for 100% of the costs of City construction observation
and plan review, which will be billed directly to the developer. Any unpaid costs incurred
for these services will be assessed against the developing properties. A irrevocable letter
of credit must be posted by the developer in an amount equal to 125% of the estimated
construction costs to ensure timely completion of the project.
If a public sanitary sewer or watermain project is to be installed as a City Improvement
Project, the developer will be responsible for 100% of the direct and indirect costs
incurred by the City. These costs may include, but are not limited to: feasibility report
preparation, preliminary survey, preliminary design, final design, construction staking,
construction observation, as-built surveying and drafting, and administrative and legal
costs. The developer may elect to have these costs assessed against the property being
developed or pay the costs directly to the City.
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Resolution 95-6 - Continued January 17, 1995
STORM WATER DRAINAGE:
Street Storm Sewer: No special assessments will be levied for construction or
reconstruction of storm sewer systems within the City right-of-way as part of the
Pavement Management Program.
Rear Yard Storm Sewer: In certain instances, storm sewer is necessary in rear yard areas
to correct existing drainage problems. City staff will visit such problem areas at the
request of a homeowner to evaluate the situation and provide engineering assistance to
encourage property owners to remedy the drainage problems without City involvement.
If a property owner or owners cannot remedy the rear yard drainage problems, they may
petition the City for installation of storm sewer. Upon receiving a request for petition for
rear yard storm sewer, Engineering staff will determine the properties that contribute
storm water runoff to the problem area. The petitioner must then circulate the petition to
the contributing property owners for signatures. Each contributing property owner must
be made aware that special assessments will be levied against their property for the
corrective storm sewer work. A minimum of 35% of the contributing property owners
must sign the petition for the City Council to consider the project. Upon receipt of the
petition and after a public hearing, the City Council may either deny the request or order
the storm sewer improvements. If the improvements are ordered, the contributing
property owners will be assessed for 100% of the construction and indirect costs for the
storm sewer installation. The method of assessment and the proration of costs will be
deternuned on a project-specific basis.
Affected property owners in rear yard drainage projects will also be required to dedicate
all drainage and utility easements for the installation of the storm sewer at no cost to the
City. If the City must purchase or condemn in order to obtain the easements, the entire
acquisition costs will be included in the project costs for assessment.
STREET IMPROVEMENTS:
Sidewalks: No special assessments will be levied for sidewalk construction that is in
accordance with the goals and recommendations of the City of Golden Valley Sidewalk
Committee. For sidewalk construction petitioned by residents on a local residential street,
special assessments will be for 100% of the project costs. Special assessments for
petitioned sidewalks will be determined on a project specific basis.
Street Li�htin�: Street lighting is available to the residents of Golden Valley on a petition
basis according to the Street Lighting Policy.
New Street Construction: As property within the City develops or redevelops, it may be
necessary to install public streets. The City Engineer will determine if the project is to be
installed publicly or privately. The procedures, policies, and requirements for street
construction will be the same as discussed for new sanitary sewer and installations.
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Resolution 95-6 - Continued January 17, 1995
New Street Construction: As property within the City develops or redevelops, it may be
necessary to install public streets. The City Engineer will determine if the project is to be
installed publicly or privately. The procedures, policies, and requirements for street
construction will be the same as discussed for new sanitary sewer installations.
SealcoatinQ: No special assessments will be levied for street sealcoating.
Bituminous Milling and Overlays� No special assessments will be levied for bituminous
milling and overlays.
Reconstrl�ction:
1. Properties with residential and duplex residential land use, parks and other city owned
properties subject to reconstruction will be assessed on a per-unit basis, with one unit
assessed to each property unless the property has the potential to be further subdivided
into two or more lots that each meet City subdivision ordinance requirements.
Residential properties that are subject to multiple unit assessments will only be
assessed one unit at the time of improvement. However, should the residential parcel
subdivide in the future, a charge for a driveway curb cut permit will be placed against
the new parcels equal to the amount of the project unit assessment.
2. Special assessments against properties with Multiple Dwelling land use will be on a
front-foot basis, with 100% of the frontage being improved subject to assessment.
The per foot assessment rate for Multiple Dwelling represents appro�cimately 37% of
the project costs.
3. Properties with church, school and other tax exempt land uses will be assessed on a
front-foot basis, with 100% of the frontage being improved subject to assessment.
The per foot assessment rate for these zoning classifications will be approximately
45% of the project costs.
4. All other land uses, including commercial, industriai, business and offices will be
assessed on a front-foot basis, with 100% of the frontage being improved subject to
assessment. The per foot assessment rate for these zoning classifications will be
approximately 45% of the project costs.
5. Properties adjacent to e�sting concrete streets subject to reconstruction will be given
the option of having the street reconstructed as a concrete roadway or as a bituminous
roadway as discussed in the Pavement Management Policy. If a concrete roadway is
selected, the special assessment rate will be a standard residential unit assessment plus
100% of the cost difference between bituminous and concrete pavement. This cost
difference will include construction and indirect costs.
6. Properties adjacent to local streets being reconstructed will be given the option of
having their driveways reconstructed at contract unit prices. Residents will be notified
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Resolution 95-6 - Continued January 17, 1995
of this program at informational meetings for each street project. If a resident
participates in this program, staff will coordinate construction with the contractor and
will measure the quantities of pavement installed. The cost of driveway reconstruction
will be added to the unit assessment for the subject property.
7. When a corner residential lot has frontage on two local streets, it will be assessed for
one-half unit assessment for each street subject to reconstruction. No more than one
total unit assessment will be charged against a parcel for street reconstruction. Corner
properties adjacent to State Aid and local streets will be charged one- half of the
appropriate unit assessment at the time of reconstruction of each street.
8. Corner residential properties adjacent to a local street and a State or County roadway
will not be subject to special assessments by the City for State Highway or County
Road reconstruction. However, these properties will be assessed the appropriate
number of unit assessments for the entire frontage along the local streets when
reconstruction occurs on the local street.
9. Special Assessments for properties not specifically covered in any of the above cases
will be addressed on a parcel specific basis at the time of the feasibility report.
State Aid Streets:
1. Properties with residential and duplex residential land uses that have frontage on a
Municipal State Aid Street will be assessed on a per-unit basis. The per-unit
assessment rate will be approximately 25% of the standard residential rate for
properties on local streets. Assessments for oversized parcels with the potential for
subdivision are to be consistent with the previously discussed policy for local streets.
2. Properties with Multiple Dwelling land use that front on a Municipal State Aid Street
will be assessed on a front-foot basis for the frontage being improved. The assessment
rate represents 37% of the costs of constructing the State Aid Street.
3. Properties with church, school, and other tax exempt land uses that front on a
Municipal State Aid Street will be assessed on a front-foot basis for the frontage being
improved. The assessment rate represents 45% of the costs of constructing the State
Aid Street.
4. All other land uses, including commercial, industrial, business and offices that front on
a Municipal State Aid Street will be assessed on a front-foot basis for the frontage
being improved. The assessment rate represents 45% of the costs of constructing the
State Aid Street.
5. Special assessments for properties not specifically covered in any of the above cases
will be addressed on a parcel specific basis at the time of the feasibility report.
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Resolution 95-6 - Continued January 17, 1995
Properties adjacent to State Aid streets being reconstructed will be given the option of
having their driveways reconstructed under the same terms discussed in the local street
reconstruction portion of this policy.
LOW INCOME SENIOR CITIZEN AND DISABILITY DEFERMENTS:
As required by Minnesota Statute, the City has a special assessment deferral policy for low
income senior citizens and disabled persons meeting all of the following criteria:
1. The property upon which the assessment is deferred must be homesteaded;
2. The property is owned by a person at least 65 years of age on January 1 st of the
year in which payment of the first installment of the subject assessment is due; or is
owned by a person who is retired due to permanent and total disability.
3. The applicant must have a"financial hardship" defined as:
a) An annual income at or below a level established annually by City fee
resolution and;
b) The aggregate total of all special assessments levies will exceed one and
one-half percent (1 1/2%) of the applicant's annual income.
More information is available at General Services Office (593-8020).
STREET RECONSTRUCTION SPECIAL ASSESSMENT RATES:
Special assessment rates as discussed in this policy will be established yearly with the
Annual Fee Resolution. The rates will be based on the percentages of construction and
indirect costs as discussed above. Indirect costs are estimated to be 30% of the
construction costs and include administration, engineering, construction observation, and
legal fees. These rates will be subject to revision each year based on the actual
construction costs in the City from the previous year and for inflation based upon the ENR
Index for construction costs.
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Resolution 95-6 - Continued January 17, 1995
PROPOSED 1995 SPECIAL ASSESSMENT RATES:
The following rates are proposed for street reconstruction in 1995 and will be included in
the 1995 Annual Fee Resolution.
ResidentiaUR-2, Local Streets $2,385.00 per unit
ResidentiaUR-2, State Aid $596.25 per unit
Muitiple Dwelling, Local Streets $36.80 per foot
Multiple Dwelling, State Aid $39.75 per foot
Other Zonings, Local Streets $44.75 per foot
Other Zonings, State Aid $48.50 per foot
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