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HomeMy WebLinkAboutOrdinance 654 . . . ORDINANCE NO, 654 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 202, SECTION 202.09 OF THE MOUNDS VIEW MUNICIPAL CODE ENTITLED "PUBLIC IMPROVEMENTS" The City of Mounds View ordains: SECTION 1. Chapter 202.09, Subdivision 2 of the Mounds View Municipal Code is amended to read: Subd.2. The following are methods of street reconstruction and rehabilitation, which will be utilized by the City of Mounds View in considering future projects and assessments. It will be noted that the design standard for either reconstruction or rehab will be the current design of the street section. Projects may be constructed to higher designs if warranted and / or approved by the City Council. Improvement Type and Apportionment of Cost: a. Street Reconstruction Including Curb and Gutter: The cost of street reconstruction shall be recovered by the adjusted front footage method. The front footage rate shall be determined by dividing the project cost by the total number of adjusted front feet in the project area, The assessments per adjusted front foot may vary depending on the underlying zoning of a parcel. Assessments for residential properties which are on collector or arterial streets, (MSA, County road) shall be assessed for one hundred (100%) ofthe pavement surface and base, up to a width of 26 feet, equally divided by both sides of the street. This amount shall not exceed $14.60 per front foot. a.I. N on-Collector Street Residential property owners will be assessed for the cost of the pavement and base for the front footage side of the property, which shall not exceed $14.60 per frontage foot. This amount will be adjusted annually by resolution, in accordance with the Engineering News Record (ENR) a.2. Residents requesting Curb and Gutter, any required storm sewer and/or installation of sidewalks/trails on a construction project will be assessed twenty-five (25%) of the total cost of the project additions which will include engineering, additional removals, base and all other associated expenses. All additional project requests shall be assessed at twenty-five (25%) of the total costs associated with the improvements, 1 . a.3. One hundred (100%) of the turn back funds received from Ramsey County will be applied to the new construction or pavement cost of the road that was received. The remaining cost shall be recovered by means of the general ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. b. Street Resurfacing: Street resurfacing is commonly known and referred to as street overlaying whereby a new bed of road material such as bituminous is installed over an existing paved road to a specific thickness. Assessments shall be determined by the adjusted front footage method at one hundred (100%) percent to properties on both sides of the street. A mill and overlay to an existing paved road will be assessed by the adjusted front footage method at 100% percent to properties on both sides of the street. A recycle and overlay to an existing paved road will be assessed by the adjusted front footage method at one hundred (100%) percent to properties on both sides of the street. Assessments will be based on physical project costs plus engineering, administration costs, RO W expenditures and other related project costs. The method of rehabilitation or resurfacing shall be determined by the Pavement Condition Index (PCI) of the combined segments of the streets considered for the project. . c. Sidewalk: Sidewalk improvements may be done in conjunction with a street reconstruction or as a separate project. In any event, sidewalks requested that are not included in the City's sidewalk and trail plan shall be recovered by assessing twenty- five (25%) to the affected property owners and the remainder paid by the general ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. Sidewalks are generally installed on the City's major streets or in accordance with the City's sidewalk and trail plan, which will connect several neighborhoods and community attractions in a logical pattern; these improvements will not be assessed to the abutting properties. d. Sealcoating: Sealcoating, patching and cracksealing are considered general maintenance activities and the expenses of such acts will be paid for by ad valorem property tax or any other funds available to the City at that time, e. Sanitary Sewer and Water Mains: Repair and replacement of sewer or water mains is usually done in conjunction with a street reconstruction project and the cost of this work should be included as part of the total major street project cost and should also be considered to be included in the rate assessed for street reconstruction. Ifit is determined that the repair and replacement work results in a greater benefit to some properties and not to others, the Council should consider establishing a different assessment rate based on the benefits received. . 2 . f. Sanitary Sewer and Water Trunk Improvements: Trunk sewer and water mains are usually designed to carry larger volumes of flow than are necessary within an immediate property area in order to serve additional properties beyond the area of their immediate placement. Therefore, 100 percent (100%) of the cost of trunk improvements will be assessed on a unit basis to all properties within a district deemed to be benefited from the trunk improvements. g. Sewer and Water Services: Individual sewer and water services benefit only the properties they serve and 100 percent (100%) oftheir cost shall be assessed to the property for which they are installed, . h. Drainage Improvements: Storm drainage and ponding/basin systems are usually constructed to serve a specific drainage or "watershed" district. These drainage districts have trunk lines, which are large diameter pipes that transport large volumes of water from one or more drainage districts. Property within drainage districts that would receive benefit from a trunk storm sewer, would be assessed a unit amount of$400.00 per lot for a single family residential lot. This amount would be determined and adjusted annually by resolution using the Engineering News Record (ENR). Multifamily housing lots that exceed 1/3 acre would be assessed based on the number of acres, multiplied by the unit cost of $1,200.00 per acre. Commercial/Industrial property would be assessed based on the number of acres that are determined to benefit from the trunk line multiplied by the unit cost of $1,200.00 per acre to a maximum amount of three (3) acres or $3,600.00. The remaining cost will be paid for by the Surface Water Utility and/or by an ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. Should a project be initiated on a particular street that requires storm sewer laterals which would be connected to the trunk lines, the Surface Water Utility would fund these expenses, i. Special Conditions: Special consideration shall be given to the "age" of a street or utility system when determining the proportion of cost to be assessed to benefited properties. If it is necessary to reconstruct or resurface a street or perform major repair/replacement work on sewer and water utilities, before a reasonable amount of time (10 to 12 years for resurfacing, 12 to 17 years for partial reconstruction and 17 to 25 years for total reconstruction) the assessment shall be calculated on a pro-rated basis, The remaining cost shall be recovered by means of the general ad valorem property tax paid by the entire community or by other funds that may become available to the City for infrastructure cost recovery. . j. In projects involving new street construction, and mill and overlays, mailboxes will be grouped on gang posts in numbers logical to the spacing required. This practice will insure the proper placement of the mailboxes, reduce potential roadside hazards, and generally clean up the edge of the street. The cost of the new posts and installation will be added to the project. Residents of overlays and mill and 3 . . . overlays may request the new posts and installation, which will be added to the cost of the project. SECTION II, Chapter 202.09, Subdivision 3 of the Mounds View Municipal Code is amended to read: Subd. 3. Methods Of Assessment: a. The nature of an improvement determines the method of assessment. The objective is to choose an assessment method which will arrive at a reasonable, fair and equitable assessment which will be uniform upon the same class of property within the assessed area. The most frequently recognized assessment methods are: the unit assessment, the front footage assessment and the area assessment. Depending upon the individual project, anyone or a combination of these methods may be utilized to arrive at an appropriate cost distribution. City staffwill consider all methods and weigh their applicability to the project and present a recommendation to the City Council in the form of a mock assessment roll (or rolls). A description of each assessment and its corresponding policy application is presented. A separate section (Section III) will identify the appropriate matchup of method with a specific type of project and analyze why each is generally used. The purpose of assessment formulas is to allocate assessed costs among benefited properties, the formula should result in an allocation of assessments which is reasonably related to the benefit received, Anyone predetermined formula will not be appropriate in all cases because of circumstances unique to the relationship between the specific project and the specific properties benefited. When considering an assessment method or formula for any given project, it may be necessary to combine assessment methods or to modify the methods described below, Therefore, the following description of methods of assessments should be regarded as guidelines, which may not be appropriate in all cases. b. Unit Assessment: A unit assessment shall be derived by dividing the total project cost by the number of Residential Equivalent Density (RED) units in the project area. A RED unit is defined as a single family residential unit. All platted and unplatted property will assigned RED unit values equivalent to the underlying zoning. When the existing land use is less than the highest and best permitted use, the Council may consider the current use as well as the full potential of land use in determining the appropriate number of RED units. Otherwise, the following RED chart will apply on a per unit basis, subject to adjustment by the Council for any inequities: Single Family Duplex 1.00 RED 1,00 RED 4 . Condominium Multifamily (3 units or more) Townhouse Commercial Industrial 0.80 RED 0.80 RED 0.80 RED 2.00 Units 2.00 Units The unit approach has proven to be the best method in those instances whereby the improvement largely benefits everyone to the same degree and the cost of the improvement is not generally affected by parcel size. c. Area Assessment: The assessable area shall be expressed in terms of the number of acres or the number of square feet subject to assessment. When determining the assessable area, the following considerations will be given: (1) Ponding Assessment Consideration: Lakes, ponds and swamps may be considered a part of the assessable area of a parcel. .. (2) Road Right-of-Way Assessment Consideration: Up to 20 percent (20%) of the gross acreage may be deducted for street right-of-way purposes within unplatted parcels of five acres or more depending upon the parcel configuration and is only applicable to single family residential use. Parcels ofless than five acres may not qualify and may be assessed full acreage. The reason for this size restriction is that, in most instances, parcels of less than five acres cannot support an internal public road system. (3) Park Dedication Assessment Consideration: When park land is dedicated as part of a residential development, as required by Subdivisions Code - Chapter 1204.02, the developer shall not be assessed an acreage charge on the portion of land dedicated. d. Front Footage Assessment: The actual physical dimensions of a parcel abutting an improvement (i.e., street, sewer, water, etc.) will generally not be construed as the frontage utilized to calculate the assessment for a particular parcel. Rather, an "adjusted front footage" will be determined. The purpose of this method is to equalize assessment calculations for lots of similar size. Individual parcels by their very nature differ considerably in shape and area. The following procedures will apply when calculating adjusted front footage. The selection of the appropriate procedures will be determined by the specific configuration of the parcel. All measurements will be scaled from available plat and section maps and will be rounded down to the nearest 0 foot dimension with any excess fraction deleted. e. Categorical type descriptions are as follows: , Standard Lots 5 . . . Rectangular Variation Lots Triangular Lots Cul-de-sac Lots Curved Lots Irregularly Shaped Lots Corner Lots Flag Lots Double Frontage Lots The ultimate objective of these procedures is to arrive at a fair and equitable distribution of cost whereby consideration is given to lot size and parcels are comparably assessed. * * * SECTION III. This ordinance is effective thirty days after its publication. Introduced and read by the City Council of the City of Mounds View on August 23, 1999. 2000. Read and passed by the City Council of the City of Mounds View this 14 day of February, ATTEST: c{JL{; ... (SEAL) \, 6 Focus News AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF RAMSEY) r Richard Roberts, being duly sworn on an oath states or affirms that he is the publisher or authorized agent and employee of the publisher of the newspaper known as Focus News, and has full knowledge of the facts which are stated below. (A) The newspaper has complied with all of the requirements constituting qualifi- cation as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331 A.O? and other applicable laws, as amended. (8) The printed (Official Publication) City of Mounds View Ordinance No. 654 which is attached, was cut from the columns of said newspaper, and was printed and published once each week, for ~ successive weeks; it was first published on Thursday the -L day of March, 2000, and was thereafter printed and published on every Thursday to and including the _ day of March, 2000; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind .Of type used in the composition and publication of the notice: By: 'ir~h;jklmoopq","~", Title: Publisher Subscribed and sworn to or affirmed before me on this ~ day of March, 2000. COLlETTE KAERCHER ROBERTS NOTARY PUBIJC.MINNESOTA My Cormlission Expires Jan. 31, 2005 C <uYfWL~qt,:J(k'Jh Notary Public ~ RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 2.55 per line for comparable space (2) Maximum rate allowed by law for the above matter $ 6.20 per line (3) Rate actually charged for the above matter $ .4511: per line 12 Focus News-Thurs. Mar. 2, 2000 LEGALS . City of Mounds View ORDINANCE NO. 654 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING CHAPTER 202, SECTION 202,09 OF THE MOUNDS VIEW MUNICIPAL CODE ENTITLED "PUB- LIC IMPROVEMENTS" The City o,f Mounds View ordains: SECTION I. Chapter 202.09, Subdivision 20f the Mounds View Municipal Code is amended to read: Subd.2. The following are methods of street reconstruction and rehabilitation, which will be utilized by the City of Mounds View in considering future projects and assessments. It will be noted that the design standard for either reconstruction or rehab will be the current design of the street sec- tion. Projects may be constructed to higher designs if warranted and / or approved by the City Council. Improvement Type and Apportionment of Cost: a. Street Reconstruction Including Curb and Gutter: The cost of street recon- . struction shall be recovered by the adjusted front footage method: The front footage rate shall be determined by dividing the project cost by the total number of adjusted .front leet in the project area. The as.sessments per adjusted front loot may vary del'ending on the underlying zoning of a parcel. Assessments for residential properties which. are on collector or arterial streets, (MSA, County road) shall be assessed for one hun- dred (100%) of the pavement surface and base, up to a width of 26 feet, equally divid- ed by both sides. of the street. This amount shall not exceed $14.60 per front foot. a.l. Non-Collector Street Residential property owners will be assessed for the cost 'of the pavement and base for the front lootage side 01 the property, which shall not exceed $14.60 per Irontage foot. This amount will be adjusted annually by resolu- tion, in accordance with the Engineering News Record (ENR) . . - a,2. Residents requesting Curb and Gutter, any required storm sewer and/or installation 01 sidewalksltrails on a construc- tionproject will be assessed twenty-five (25%) of the total cost of the .Project addi- tions which will includeiengineering, addition- al removals, base and all other associated expenses. All additional project requests shall be assessed at twenty-live (25%) 01 the total costs associated with the improve- ments. a.3, One hundred (100%) al the turn back fundsreCeivlld frornRamseyCounty will. be applied to the new construction or pavement cost of the road that was received. ~ remaining c6st shall be recovered by eneral ad valorem property munity or by other theCi!y lorinlrastructure cost recovery. b. Street Resurlacing: Street resur- facing is commonly known and referred to as street 6verlaying \\thereby a new bed of road material such as bituminous is installed over an existing' paved road' to a specific thick:- ness. . Assessments shall be determined by the adjusted front-footage method at one hundred (100%) percent .to properties on both 'sides of the street. A mill and overlay to an existing paved road will be assessed by the adjusted front footage method at 100% percent to properties on both sides of the street. A recycle and overlay to an existing paved road will be assessed by the adjusted front footage method at one hundred (1000/0) percent to properties on both sides of the street. Assessments will be based on physi- cat project costs plus engineering, adminis- tration costs,. ROW expenditures and other related project costs. The method of rehabili, tatian .or resurfacing shall be determined by the Pavement Condition Index (PCI) of the combined segments of the streets consid- ered for the project. c. Sidewalk: Sidewalk improve- mentsmay be done in conjunction with a street reconstruction or as a separate project. In any event, sidewalks requested that are not included in the City's sidewalk and trail plan shall be recovered by assessing twenty-five' (25%) to the affected property owners and the remainder paid by the general ad valorem property tax paid by the entire/community or; by other funds that may become available to' the City for infrastructure cost recovery. Sidewalks are generally installed on the City's major streets or in accordance with the City's sidewalk and trail plan, which will connect several neighborhoods and community attrac- tions in a logical pattern; these improvements will not be assessed to the abutting proper- ties. d. Sealcoating: Sealcoating, patch- ing and cracksealing are consldered general maintenance activities and the expenses of such acts will be paid for by ad valorem prop- erty tax or any other funds available to the City at that time. . e. SanitarY Sewer and Water Mains: Repair and replacement of sewer or water mains is usually done in conjunction with a street reconstruction project and the cost of this work should be included as part of the total major street project cost and should also be considered to be included in the rate assessed for street reconstruction. If it is . determined that the repair and replacement work results in a greater benefit to some prop- erties.and not to others, the. Council should consider eSl<lblishing a different assessment rate based on the benefits. re<;eived. I. . Sanitary sewer and Water Trunk Improvements:.. Trunk sewer and water mains are usually designed to carry larger volumes of flow than are necessary within .an immedi- ate property area in order to selVe -.addlliooal properties beyond the area of their immediate placement. Therefore, 100 percent (100%) of the cost of trunk imp.rovements will be assessed on a unit basis to all properties within a district deemed to be benefited from . the trunk im rovements. g. Sewer and Water Services: Individual sewer and water services benefit . only the properties thlD' ~lVe am lOO per- cent (100%) of their ~1 shall be assessed to the property for which they are installed. h. Drainage Improvements: Storm drainage and pondinglbasin syStems are usu- ally constructed to selVe a specific drainage or "watershed" district. These drainage dis- tricts have trunk lines, which are large diame- ter pipes that transport large volumeS of water from one or more drainage districts. Property within drainage districts that would receive benefit from a trunk storm sewer, would be assessed a unit amount of $400.00 per lot for a single family residential lot. This amount would be determined and adjusted annually by resolution using the Engineering News Record (ENR). MUltifamily housing lots that exceed 1/3 acre would be assessed based on the number of acres, multiplied by the unit cost of $1,200.00 per acre. Commercial/ Industrial property would be assessed based on the number of acres that are determined to benefit from the trunk line multiplietl by the unit cost of $1,200.00 per acre to a maximum amount 01 three (3) acres or $3,600.00. The remaining cost will be paid lor by the Surface. Water Utility and/or by an ad valorem property tax paid by the entire community or by other funds that may become available to the Cily for infrastructure cost recovery. Should a pro- ject be initiated on a particular street that requires storm sewer laterals which would be connected to the trunk lines, the Surface Water Utility would fund these expenses. . i. Special Conditions: SP""'i'" ""n- sideration shall be given to the "avc ' street or utility system when de!'d!l'I'W',.g :0. proportion of cost to be assessecllo bafl6:i,,,o properties. If it is necessary to reconstruct or resurface a street or perform major repair/replacement work on sewer and water utilities, before a reasonable amount of time (10 to 12 years for resurfacing, 12 to 17 years for partial reconstruction and 17 to 25 years for total reconstruction) the assessment shall be calculated on a pro-rated basis. The remaining cost shall be recovered by means of the general ad valorem property tax paid by the entire community or by other funds that may become available to the City for infra- structure cost recovery. j. In projects involving new street construCtion, and mill and overlays, mailboxes will be grouped on gang posts in numbers log- ical to the spaCing required. This practice will insure the proper placement of the mailboxes, reduce potential roadside hazards, and gener- ally clean up the edge of the street. The .cost of the new posts and installation will be added to the project. Residents .of'overlays and mill and overlays may request the new posts and installation, which will be added to the cost of the project. SECTION II. Chapter,202.09, Subdivision 3 , ..oLthEl:1l4 . ~unlcipal Code is :' amendEld t . .,; U ~ ~~ L. ~ ' ---~ , ;" ~ ",- d f assessment. 'The me 0 nt methOd Objective IS to ?hoose ~=, fair. and . which will arrive at, I'lich wi1l~ y,:,)form Elq\JiilW1e asses~men ':fCprapertyWithm th~ . tJpbn the same ~ most frequently recog't assessed area. . ethods are: the UOl . . ni7Ad assessme~t -'~. 'Mt",n" ASSessment ~ b. Unit Assessment: A unit assess- ment shall be derived by dividing the total project cost by the number of Residential Equivalent Density (RED). units in the project area. A RED unit is defined as a single fami- ly residential Unit. All platted and unplatted property will assigned RED unit values equivalent to the underlying zoning. When the existing land use is less than the highest and best permitted use, the Council may consider the current use as well as the full potential of land use in determining the appropriate number of RED units. Otherwise, the following RED chart will apply on a per unit basis, subject to adjustment by the Council for any inequities: Single Family 1.00 RED Duplex 1.00 RED Condominium . 0.80 RED . Multifamily (3 units or more) 0.80 RED Townhouse 0.80 RED Commercial 2.00 Units Industrial 2.00 Units The unit approach has proven to be the best method in.those instances whereby the improvement largely benefits everyone to the same degree and the cost of the improve- ment is not generally affected by parcel size. c. Area Assessment: The assess- able area Shall be expressed in terms of tl'le number of acres orthe number of square feet subject to assessment. When determin- ing the assessable area, the following con- siderations will be given: (1) Ponding Assessment Consideration: Lakes, ponds and swamps may be considered a part of the assessable ~f a parcel. . '2; Road Right-of-Way Assessment l-OnsilJ.::lIalion: Up to 20 perceRt (20%) of the gross acreage may be deducted for street right-of-way purposes within unplatted parcels of five acres or more depending upon the parcel configuration and is only applicable ,to single family residential. use. Parcels of less than five acres may not quail, fy and may be assessed full acreage. The reason for this size restriction is that, in most instances, parcels of less lhan five acres cannot support an internal public road sys- tem. (3) Park Dedication Assessment Consideration: When park land is dedicated as part of a residential development, as required by Subdivisions Code - Chapter 1204.02, the developer shall Iiot be assessed an acreage charge on the portion' of land dedicated. d. rront Footage Assessment: The actual physical dimensions of a parcel abut- ting an improvement (Le.. street, sewer; water, etc.) will generally not be construed as the frontage utilized to calculate the assessmentfor a particular parcel. Rather, an "adjusted front footage" will be deter- mined. The purpose. of this method. is to ':equalizeassElsS,mel!lt:.'Calc~latit'lgS'f()l; Idts of '. . similar size. Ind!:~al R,rcp.!i\ h~ Il1€liUJ,OOl-- ~culating adjust . ran ~idures ~i\1 be tion of .the app~~~r~~:cftic c:onf!guratsca\,on ~ dete1mlned by . asurements Will beand '11 the parcel All me section maps WI .from aVl:lU~leplat an~e nearest foot dimeA- . b rounded doWn to ct' n deleted. , ~ . with any eXces~ fra 10 descriptions are sl?n Categoncal type e. . __ s._",......i~.