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HomeMy WebLinkAbout2002-149 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 02-149 RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FINANCING POLICY WHEREAS, sewer and/or water mains have been installed adjacent to existing undeveloped residential lots, and WHEREAS, Section 5.I of the City of Lino Lakes Public Improvement Financing Policy stipulates that when a sewer and water main is constructed to existing developed residential lots (with a home, well and septic system) and the lot cannot be subdivied into samaller parcels, the front footage and area charges shall be based on the minimum front footage of each zoning district the mains are to serve, and WHEREAS, Section 5.I of the City of Lino Lakes Public Improvement Financing Policy stipulates that when a sewer and water main is constructed to existing developed residential lots (with a home, well and septic system) and the lot can be subdivied into smaller parcels, an assessment for the front footage and area charges based on the minimum front footage of each zoning district the mains are to serve shall be due upon connection to the mains. The assessment for the remainder of the property will be deferred until such time as the property is subdivided, and WHEREAS, some owners of existing undeveloped lots have indicated a desire to connect to City utilities, in conjuction with construction of a new home on said lots, but could not afford the proposed assessments; and WHEREAS, The City Council finds that it is in the best interests of the City to apply the existing assessment procedures to both developed and developing lots adjacent to sewer and water mains. NOW, THEREFORE BE IT RESOLVED THAT the City Council of the City Lino Lakes, Minnesota hereby amends Section 5.I of the Lino Lakes Public Improvement Financing Policy to read as follows: I. Large Lots Adjacent to Sewer and Water Mains a. When a sewer or water main is constructed adjacent to existing lots of record and the lot cannot be subdivided into smaller parcels, an assessment for the front footage and area charges based on the minimum front footage of each zoning district the mains are to serve shall be due upon connection to the mains. b. When a sewer or water main is constructed adjacent to existing lots of N_- record and the lot can be subdivided into smaller parcels, an assessment for the front footage and area charges based on the minimum front footage of each zoning district the mains are to serve shall be due upon connection to the mains. The assessment for the remainer of the property will be deferred until such time as the property is subdivided. c. In the event that an existing lot of record, adjacent to existing sewer or water mains, is subdivided, clause a or b, as setforth herein, shall apply. Adopted by the Lino Lakes City Council this 14th ATTEST: y of October, 2002. J. B - geson, ayor STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: TOPIC: BACKGROUND: AGENDA ITEM 71 Michael Grochala October 14, 2002 Consideration of Resolution No. 02-149 Amending Section 5.1. of the Public Improvement Financing Policy. In May of 2002, the City Council granted Site and Building Plan approval to Peter and Norma Nadeau allowing them to move their existing house, located a 6644 20th Avenue, to an existing vacant 13.5 acre parcel directly across the street (6651 20th Avenue). As part of the house relocation, the Nadeau's requested approval to connect to City water. A 16 -inch City trunk water main is in place on _ the east side of 20th Avenue. No assessments were levied against abutting properties when the line was installed. The City's Public Improvement Financing Policy states that in areas where a property abuts a trunk sewer and a trunk watermain and no assessment has been made against the property, the property owner may connect to the trunk main and pay the current area charge, unit charge and a front footage charge. In accordance with this policy, the Nadeau's charge to connect to the system would be $40,626.00 based on their 13.5 acre parcel and front footage of 320 feet. The improvement policy does allow for reduction in assessments for developed residential lots, adjacent to City trunk sewer and water, if the property has an existing home, well and septic system. Often referred to as the Bisel and Modified Bisel amendments, the policy allows for the reduction in assessments for properties that either can or cannot be further subdivided. In each instance the applicant is required to pay an area, unit and front footage charge based on the minimum requirements of the zoning district the mains were intended to serve. In cases were properties can be further subdivided, assessments on the remainder of the property is deferred. The Nadeau's have requested that their situation be treated in accordance with _ the modified Bisel Amendment. This would allow them to connect to City water with the fees based on the minimum lot requirements of the R-1, Single Family Residence District and the remainder to be collected upon further subdivision of the property. The total fee under this scenario, to be charge at this time, is $3,968.50. However, the Nadeau's do not qualify for this exception under the existing policy. Rather than grant an exemption to the existing policy staff is recommending the amendment of the policy to address both developed and undeveloped Targe lots adjacent to trunk sewer and water mains. The policy amendment would provide for the following: 1. All lots that cannot be subdivided would be charged based on the minimum requirements of the zoning district the mains were intended to serve, upon connection to the mains. 2. All lots that can be further subdivided would be charged based on the minimum requirements of the zoning district the mains were intended to serve, upon connection to the mains. The remainder of the assessment will be deferred until further subdivision of the property. Staff has also included a provision that, in the event a parcel is subdivided in the future, the applicable assessment clause would apply. RECOMMENDATION: Staff recommends approval of Resolution No. 02-149. ATTACHMENTS 1. Resolution No. 02-149