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HomeMy WebLinkAboutOrdinance 982ORDINANCE NO.982 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA AN ORDINANCE AMENDING TITLE III, CHAPTER 37, SECTION 37.060(B) AND TITLE IX, CHAPTER 92, SECTION 92.999 OF THE MOUNDS VIEW MUNICIPAL CODE REGARDING PUBLIC IMPROVEMENTS AND PARKS AND RECREATION THE CITY OF MOUNDS VIEW ORDAINS: SECTION 1. The City Council of the City of Mounds View hereby amends Title III, Chapter 37, Section 37.060(B) of the Mounds View Municipal Code by adding the underlined material and deleting the stfiekerl material as follows: (B) Methods of reconstruction. (1) General. The following are methods of street reconstruction and rehabilitation, which will be utilized by the city 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. (2) Improvement type and apportionment of cost. (a) Street reconstruction including curb and gutter. The cost of street reconstruction shall be reeover-ed by the adjusted 4ont footage niethed. The ffent footage fate shall be detefmined b dividing the project, eest by the total number- of adjusted f�ont feet in the pfojeet area. Th assessm Led ffent foot may vary depending on the undef!)4ng zoning of a par -eel. Assessments fnr r d t' 1 -1,' me on eeto - ., arterial � (NA r r t' h ll ��+ .,.,..� �4S�, urrt� read) shall be assessed for- 0 of the pavemeat surfaee and base, up to a width of 26 feet, equally divided by both sides of the street. This amount shall not exeeed $14.60 per- front foot. recovered on a project -by -project basis, as determined by the City Council. 1. Non -collector street. Residential property owners will may be assessed for the cost of the pavement and base for the front footage side of the property per direction of the City Council, which shall be determined on a project -by -project basis., whieh shallot exeeed $14.60 per frontage foot. This amount will be adjusted annually by feseltition, in aeeofdanee with the Engineering News Reeor-d (ENR). 2. Residents requesting curb and gutter. Any required storm sewer and/or installation of sidewalks/trails on a construction project will may be assessed up to 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 may be assessed at 25% of the total costs associated with the improvements. Notwithstandiny- the fore2oin% all assessments shall be subject to the special benefit limitation to the extent required by state law. 3. Application. One hundred percent of the turn back funds received from the county will be applied to the new construction or pavement cost of the road that was received. The Ordinance No. 982 Page 2 of 4 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 100% 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% 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 100% to properties on both sides of the street. Assessments will be based on physical project costs plus engineering, administration costs, ROW 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. Notwithstanding the foregoing, all assessments shall be subject to the special benefit limitation to the extent required by state law. (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 sha44 may be recovered by assessing up to 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. Notwithstanding the foregoing, all assessments shall be subject to the special benefit limitation to the extent required by state law. (d) Sealcoating. Sealcoating, patching and crack sealing are considered general maintenance activities and the expenses of the 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. If it 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. (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% of the cost of trunk improvements wi44 may be assessed on a unit basis to all properties within a district deemed to be benefitted from the trunk improvements. Notwithstanding the foregoing, all assessments shall be subject to the special benefit limitation to the extent required by state law. (g) Sewer and water services. Individual sewer and water services benefit only the properties they serve and 100% of their cost shall be assessed to the property for which they are installed. Notwithstanding the foregoing, all assessments shall be subject to the special benefit limitation to the extent required by state law. Ordinance No. 982 Page 3 of 4 (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 sewers may be assessed a unit affiount of $400 per !at for a single f t residential lot. This amount would be determined and adjusted annually by resolution using th Engineering News Reeer-d (ENR). Multi family housing lots that exeeed one third aere would be assessed based on the number- of aer-es, multiplied by the unit eost of $1,200 per aer-e, ' amount of three $3,600. per the direction of the City Council. The remaining cost will be paid for by the Storm Water Surface 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. Notwithstanding the foregoing, all assessments shall be subject to the special benefit limitation to the extent required by state law. (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 benefitted 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 (ten 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. 0) Mailboxes. 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 ensure 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 overlays may request the new posts and installation, which will be added to the cost of the project. SECTION 2. The City Council of the City of Mounds View hereby amends Title IX, Chapter 92, Section 92.999 of the Mounds View City Code by deleting the strieken material as follows: § 92.999 PENALTY. (A) (1) Violating any of the provisions of this chapter shall be a misdemeanor. (2) Any person violating any of this chapter may be expelled, ejected or ousted at such time from an open space site at the discretion of a law enforcement officer. (B) A person who violates § 92.007(0) of this chapter is guilty of a petty misdemeanor and iiiu)= be fined per- the eity's fee sehedul . SECTION 3. In accordance with Section 3.07 of the City Charter, the City Council determines that publication of the title and a summary of this ordinance would clearly inform the public of its Ordinance No. 982 Page 4 of 4 intent and effect, and so City staff shall have the following summary printed in the official City newspaper in lieu of the complete ordinance: On November 8, 2021, the City Council adopted Ordinance 982, An Ordinance Amending Title III, Chapter 37, Section 37.060(B) and Title IX, Chapter 92, Section 92.999 regarding Public Improvements and Parks and Recreation. The ordinance provides the City Council with flexibility when levying special assessments for public improvement projects by removing the rigid dollar amounts and percentages that were previously used to calculate assessments and replacing those with maximum percentages, subject to statutory limitations. The ordinance also removes verbiage stating that petty misdemeanor violations of Section 92.007(0) are subject to the city's fee schedule. A printed copy of the ordinance is available for inspection during regular business hours at Mounds View City Hall and is available online at the City's website, located at www.moundsviewmn.oru SECTION 4. This ordinance shall take effect and be in force 30 days from and after its passage and publication, in accordance with Section 3.09 of the City Charter. Introduction and First Reading by the Mounds View City Council on October 25, 2021. Second Reading and Adoption by the Mounds View City Council on November 8, 2021. Publication Date: November 23, 2021. Carol A. Mueller, Mayor Attest: Nyl it nd, City Administrator (SEAL)