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HomeMy WebLinkAboutRES 19-063 ADOPTING THE AMENDED SPECIAL ASSESSMENT POLICYCITY OF ST. ANTHONY VILLAGE HENNEPIN COUNTY, MINNESOTA RESOLUTION 19-063 A RESOLUTION ADOPTING THE AMENDED SPECIAL ASSESSMENT POLICY WHEREAS, the City of St. Anthony Village's Special Assessment Policy, was adopted by the Council on January 23, 2007, Resolution No. 07-022; and WHEREAS, an amendment to the Special Assessment Policy was prepared, dated August 2019, to include the addition of special assessments for sanitary sewer service repair or replacement work within private property from the property line to the home. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of St. Anthony Village adopt the proposed Special Assessment Policy modifications. Adopted this 27th day of August, 2019. ATTEST: icole Miller, City Clerk Reviewed for administration: rome O. Faust, Mayor Mark Casey, City Manager Page 1 CITY OF ST. ANTHONY VILLAGE SPECIAL ASSESSMENT POLICY Updated August 2019 ASSESSMENT PERIOD For multiple improvement types that occur as part of the same project, the assessment shall be 15 years. No assessment for a single improvement shall exceed 10 years. Sanitary Sewer 10 years Water Main 10 years Storm Sewer 10 years Street Construction 10 years Street Resurfacing 10 years Sidewalks 10 years The following sets forth the City’s general assessment policies, but these policies may be modified to the extent necessary to result in special assessment amounts which do not exceed the special benefits to the respective properties being assessed, unless greater assessments have been agreed to by the owners impacted by the proposed improvements. UPGRADING OF PUBLIC ROADWAYS For reconstruction of existing roadways, the City’s policy is to replace the existing surface, whether concrete or bituminous, with bituminous roadways and concrete curb and gutter. For street reconstruction, 35% of the cost for a project will be obtained from sources other than ad valorem taxes. For street overlay, 50% of the cost for a project will be obtained from sources other than ad valorem taxes. All property will be assessed on a basis of front footage as specified below. 1) Non tax-exempt property zoned R-1, R-1A, R-2, and R-3 shall be assessed a minimum of 35%, and the overlay 50%, of the actual cost for a 7-ton, 32-foot wide bituminous pavement with concrete curb and gutter and routine drainage. The above property shall be assessed for this type of roadway even if the width or strength is greater. 2) All tax-exempt property regardless of zoning class, such as, but not no necessarily limited to schools, churches, parks, and government land, shall be assessed on a front footage basis at 50% of the cost of a 7-ton, 32-foot wide pavement with concrete curb and gutter and routine drainage. The above property will be assessed for this type of roadway even if the width or strength is greater. 3) All property not covered in the above description shall be assessed on a front footage basis at 50% of the cost for improvements to the roadway that they abut. In addition to the costs above, all property may be assessed a proportional share on a footage basis for expenses such as right-of-way and easement acquisition needed for that segment of the project including any roadways abutting the property. Page 2 ALLEYS Alley reconstruction or overlays shall be assessed at 100% on a front footage basis to the abutting properties. CONDOMINIUMS Assessments shall be spread by dividing them according to the percentage of interest in common elements of the street improvements. MUNICIPAL STATE AID ROADWAYS Assessments on Municipal State Aid roadways shall be levied against the benefited properties on the same basis as other public streets. Municipal State Aid funding provided for reconstruction of a particular segment of street will be used by the City to fund non-assessed costs and will not be used to reduce assessments to the properties adjacent to these facilities. STORM DRAINAGE Improvement costs for storm drainage shall be paid for wholly out of the storm drainage utility fund and not assessed to benefited properties. SANITARY SEWER & WATER MAIN Improvement costs for sanitary sewer and water main line improvements located within City right- of-way or City easement shall be paid for wholly out of their respective utility funds and not assessed to benefited properties. Repair, replacement, or installation of new water service lines for individual properties shall be assessed at 100% of actual costs. Water service line improvement costs shall include the installation of new service line pipe, corporation stops and/or fittings, curb box shut off, and/or new gate valves, depending on the size of the water service. Repair or replacement of sanitary sewer service lines for individual properties located within City right-of-way or City easement shall be paid for wholly out of the respective utility fund and not assessed to benefited properties. Property owners may petition the City to include the cost of sanitary sewer service line repair or replacement work from the property line to home into their assessment on adjacent infrastructure improvement projects. SIDEWALKS Sidewalk replacement as part of street reconstruction projects shall be assessed to all properties abutting the project at the same rate as for street reconstruction, subject to front footage requirements outlined within this policy. New sidewalk installation performed as part of the City’s Comprehensive Plan shall not be assessed to adjacent property owners. Page 3 METHODS FOR DETERMINING FRONT FOOTAGE STANDARD LOT Front footage equals the length of the lot abutting the street receiving the improvement. See Figure 1 FOUR SIDED ODD SHAPED LOTS Front footage equals the area of the lot divided by the average of the two depths. See Figure 2. Figure 1 Figure 2 Page 4 ODD-SHAPED LOTS WITH GREATER THAN 4 SIDES Front footage equals the area of the lot divided by the average depth of lots in the immediate vicinity. See Figure 3. CORNER LOTS Front footage equals the dimension of the shorter side plus one-third of the long side if work is done on both streets. If work is performed on the short side only, front footage equals the short side length. If work is performed on the long side only, front footage equals one third of the long side length. See Figure 4. Figure 3 Figure 4 Page 5 CORNER LOTS WITH CURVES Front footage is determined for corner lots with curves as in standard corner lots, with ½ of the curve length applied to the short side of the lot and ½ of the curve length applied to the long side of the lot. See Figure 5. DOUBLE FRONTAGE LOTS Front footage is determined similar to a corner lot. Work on one street is assessed full length while the other street is assessed 1/3 of its length. In cases where the double frontage includes an alley, the street side shall be assessed the full length, and the alley side shall be assessed the 1/3 length. See Figure 6. Figure 5 Figure 6 Page 6 PAYMENT OF ASSESSMENTS The owner of any property so assessed may, at any time prior to certification, make payments (partial or full) towards the balance owed. The owner may, at any time after certification, pay the whole of the assessment, with interest accrued to the date of payment, except that no interest may be charged if the entire assessment is paid by November 30th of the assessment year. The owner may, at any time thereafter, pay to the Finance Director the entire amount of the assessment remaining unpaid, with interest accrued to December of the year in which such payment is made. Such payment must be made before November 14th or interest will be charged through December 31st of the succeeding year. SENIOR CITIZEN DEFERRAL OF SPECIAL ASSESSMENTS ESTABLISHMENT OF DEFERRAL: Pursuant to Minn. Stat. 435.193 et seq., special assessment installment payments payable by senior citizens and persons retired by virtue of permanent and total disability are deferred if payment of such installments would create hardship. CRITERIA: In determining whether or not a person is eligible for deferral of special assessment installment payments, the following criteria are established: SENIOR CITIZENS: Senior citizens special assessment deferral applies to qualifying special assessments against all properties classified as “homestead” pursuant to Minn. Stat. Chapter 273, where one or more of the owners of such property is 65 years of age or older and it would create a hardship for the owner or owners of the property to pay the special assessment installments as they become due. The senior citizen shall be required to prove eligibility for this special assessment deferral on the basis of age. PERSONS RETRIED BY VIRTUE OF PERMANENT AND TOTAL DISABILITY: The special assessment hardship deferral for persons retired by virtue of permanent and total disability applies to special assessments levied after the date of the adoption of this resolution. This special assessment hardship deferral applies to qualifying special assessments against all properties classified as “homestead” pursuant to Minn. Stat. Chapter 273 where one or more of the owners of the property is retired by virtue of permanent or total disability and it would create a hardship for the owner or owners of the property to pay the special assessment installments as they become due. Page 7 It shall be presumed that a property owner is retired from employment by virtue of a permanent and total disability if: a) The individual has in fact retired from employment; and b) The individual suffers from the total and permanent loss of the sight of both eyes, the loss of both arms at the shoulder, the loss of both legs so close to the hips that no effective artificial members can be used, completed and permanent paralysis, total and permanent loss of mental faculties, or any other injury which totally incapacitates the person from working at an occupation which brings an income. The owner of the properties must provide proof and verify under oath that he or she qualifies under the criteria defining a permanent and total disability. In cases where exceptional and unusual circumstances exist, the City Council may determine that a permanent and total disability exists despite the fact that the definitional requirement of Section 2, B(3) are not met; such cases shall be decided by the Council on a case-by-case basis. HARDSHIP: It shall be presumed that a hardship exists if: a) The annual assessment installment exceeds one (1) percent of the previous year’s total adjusted gross incomes, for Federal Income Tax purposes, for all owners of the property; in no event shall “total adjusted gross income” include social security benefits, railroad retirement benefits, retirement benefits attributable to employee contributions, disability benefits, personal injury awards, or worker’s compensation payments. b) All live owners of the property verify, under oath, that they meet the criteria for establishing a hardship by completing an application provided by the City or the County. In cases where exceptional and unusual circumstances exist, the City Council may determine that a hardship exists despite the fact that the minimum income requirements of the Hardship Section are not met; such cases shall be decided by the Council on a case-by-cases basis. INTEREST: Interest shall be charged on any assessment deferred pursuant to this document at a rate equal to the rate charged on other assessments for the particular public improvement project the assessment is financing. TERMINATION OF DEFERMENT: The option to defer the payment of special assessments pursuant to this document shall terminate and all installment amounts previously deferred, and applicable interest, shall become due upon the occurrence of any of the following events: a) The request of the property owner. b) The death of the property owner who qualifies for the deferral, providing the surviving owner is otherwise not eligible for the deferral. c) The sale, transfer, or subdivision of the property or any part thereof. d) The loss of homestead status of the property. e) The City determines that a hardship no longer exists.