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HomeMy WebLinkAbout5. Assessment PolicyCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: March 10, 1992 AGENDA ITEM: AGENDA SECTION: Assessment Policy Old Business PREPARED BY: AGENDfTlEM # v Stephan Jilk, City Administrator ATTACffiXENTS : AP OVE BY Assessment Policy Attached please find a revised assessment policy. There were minor changes (mostly typo) made since the last draft was provided. I will provide, Monday evening, examples of how the policy would work on 145th Street and at least two previous projects if it would have been used on those projects. This will give you a better idea of the application of this policy. RECOWdEN'DED ACTION: Consensus on this policy to allow us to adopt it on March 17, 1992. COUNCIL ACTION: CITY OF ROSEMOUNT ASSESSMENT/IMPROVEMENT POLICY FINAL DRAFT MARCH 6, 1992 TABLE OF CONTENTS Section Page 1 Preface Page 2 Introduction Page 3 I. Definitions Page 4 II. Policies and Procedures Page 4 III. Project Initiation & Hearing Process Page 7 IV. Construction Standards Page 9 -- Useful Service Life Page 9 V. New Development Improvements Page 12 VI. Existing Development Improvements Page 14 VI. D 3. Method of Payment Page 14 VII. Assessment Deferment Policy Exhibit A Pg 17, 18, 19, Five Year Street 20 Reconstruction Program Exhibit B Pg 21 Structural Maintenance Exhibit C -Pg 22 Street Reconstruction Exhibit D Pg 23 Residential Street Equivalent Estimate Exhibit E Pg 24 Street Assessment Examples PREFACE This policy is the basis for, and plays an integral part in, the long range construction and reconstruction of streets, sanitary sewer, water, stormwater and trail improvements in the City of Rosemount. In construction of such improvements it is necessary to consider two basic issues: one is the improvement needed, and two, how will it be paid for. The City is entering a new era in regards to these types of improvements. Sections of the City are still developing with new residential, commercial and industrial developments which require utilities and streets. At the same time a section of the City is ageing and the infrastructure has aged and deteriorated such that it needs major upgrading and replacement. In new developments the cost of making such improvements can generally be born by the developer and development agreements where the costs are assessed over a rather short period of time and no additional burden is placed on the rest of the taxpayers. In older areas which are already developed, this may not be the case. When existing infrastructure is replaced after those improvements have "lived their normal life" the replacement costs may become such a burden to the property owners that those costs may be unacceptable and to assess all of these costs may prove difficult. Therefore, the City is attempting to develop a "Reconstruction" program utilizing revenue sources from several areas including: 1. Assessments 2. Minnesota State Aids for Highway Improvements 3. Sanitary Sewer Connection Charges 4. Water Utility Connection Charges 5. Stormwater utility user fees & connection charges 6. General Taxes. This concept, wherein revenues from various sources will be "pooled" to develop a reconstruction fund, allows assessments to be generated on a more equitable and consistent basis and still not create an extreme burden on the property owners. It also allows the City as a whole to share in the responsibility to maintain and protect the entire infrastructure for city services. 1 City of Rosemount Assessment/Improvement Policy The policy which follows outlines most specifically as to how improvements are initiated, how they are designed and finally how they are funded. This approach is taken so that those involved in improvement projects will be able to comprehend the approach taken and how they are to be charged for the benefit they receive through the improvement process. INTRODUCTION This document sets forth the methods and policies relating to local improvements and special assessments practiced in the City of Rosemount. It is emphasized that the following summarization is general in nature and that certain circumstances may justify deviations from stated policy as determined by the Rosemount City Council. A local improvement involves one or more of the following types of improvements: Roadway grading and base Bituminous surfacing Curb and gutter Sidewalks, trails and driveways Water trunklines and laterals Sanitary sewer trunklines and laterals Service connections Storm sewer trunks, laterals and ponds Street Lighting All appropriate appurtenances associated with the above improvements Improvements are classified as follows: 1. New Developments - The construction of improvements related to newly developed areas, normally made in conjunction with the plat approval process. 2. Reconstruction - see definitions (Section I.1) 3. Rehabilitation - see definitions (Section I.2) 4. Preventive Maintenance - see definitions (Section I.3) 5. Extensions - Construction of improvements generally made to extend services to a certain area. Extensions normally pertain to water, sanitary sewer and storm sewer trunks. K The special assessment is a of Rosemount as a means to improvements to benefitted over a number of years. City of Rosemount Assessment/Improvement Policy financing tool employed by the allocate the cost of specific properties and to spread those City costs Minnesota Statues Chapter 429 regulates the procedure for the construction and financing of local improvement projects when at least part of the cost is defrayed by special assessments. Special assessments are collected from the property owner along with real estate taxes. When an improvement is of benefit to certain areas, it is the intent of the Council that special assessments be levied against benefitted properties. A major goal of this document is that special assessments be allocated and levied in an equitable and consistent manner. SECTION I DEFINITIONS 1. RECONSTRUCTION - will be defined as a project whereby all meaningful elements of an improvement are being removed and replaced. This would include curb and gutter, sidewalks, trail, bituminous or concrete pavement, granular base, water mains, sewer mains, laterals, curb boxes and items appurtenant to these elements. 2. REHABILITATION will be defined as a project in which one or more of the aforementioned elements is modified or supplemented in-place, to restore the serviceability of the entire street, such as bituminous overlays. 3. PREVENTATIVE MAINTENANCE - will be defined as work that involves a level of effort less than that involved in reconstruction or rehabilitation, the intent of which is to extend the life of the existing improvement. Preventative maintenance will include but not be limited to crack filling, patching, milling and cold planing, and seal coating. 3 City of Rosemount Assessment/Improvement Policy SECTION II GENERAL POLICIES AND PROCEDURES The following are general principles, policies and procedures applicable to all types of improvement: 1. Project costs shall include the cost of all necessary construction work required to accomplish the improvement, plus engineering, legal, financing, easement acquisition and contingency costs. 2. Assessable costs are project costs minus the City and County share and other credits. MSA funds will not be credited as they will be utilized to offset total reconstruction program costs 3. Special assessments will be levied as soon as practical. Normally this will be within one year after completion of the project. 4. Publicly owned properties, including but not limited to municipal building sites, schools, parks, County, State and Federal building sites, but not including public streets and alleys, are regarded as being assessable on the same basis as if such property were privately owned. 5. Revenue sources for these types of improvements will be many including, but not limited to assessments, MSA Funds, core facility funds and general tax levies. This policy determines an equitable assessment approach such that the property will pay an "equivalent" amount on each project no matter what other funding sources are available. SECTION III SPECIFIC POLICIES Protect Initiation and Hearing Process This section describes the initiation of improvement projects and the administration required to receive final City Council action, pursuant to the requirements of MSA 429. A. Project Initiation 1. By Petition: Petitions for initiating improvements will be prepared by City staff upon request. Such petitions, 4 City of Rosemount Assessment/Improvement Policy circulated by the affected property owners should bear the signatures of the property owners of 51% or more, of the benefitted property(ies). when projects are initiated through this process the costs of doing engineering feasibility studies and associated project consideration costs will be born by the property owner so petitioning. If the project proceeds through construction and assessment those costs will be considered project costs under Section II.1 above. If the project does not proceed through construction these costs will be billed back to the property owners petitioning or will be recorded for future project costs consideration at which time the project is concluded. Determination of the method of cost recovery will be made -.by the City Council. 2. By Council Action: If the Council determines that an improvement is in the best interest of the City, it can, without petition, initiate the improvement with a four/fifths vote of the Council. 3. By 100% Signed Petition When a petition is signed by 100% of the property owners benefitted by the improvement, and there is no City cost participation, the Council may order the improvement without holding an improvement hearing. 4. By Development Contract: Improvement projects for new development will only be considered upon execution of a developers agreement signed by 100% of the benefitted property owners. The Council may order the project without a public hearing. 5. Projects may be petitioned or initiated by City Council at any time during the year, but projects which are initiated after February 1st will not be scheduled for construction until the construction season of the following year. The normal time required for receiving, processing, scheduling hearings and preparing construction documents is six months. B. Hearing Process 1. Improvement Hearing: After a petition is filed and its adequacy determined, or the Council initiates the project, the City Engineer is directed to study and report as to the feasibility of the improvement. If after reviewing the 5 City of Rosemount Assessment/Improvement Policy feasibility report, the Council feels the project has merit, a public hearing is scheduled, notice published twice, and all persons benefitted by the project notified in writing. When an improvement project is to be financed by the sale of improvement bonds, there is a statutory requirement that at least 20t of the total costs of the project be assessed against the benefitted properties. If after the improvement hearing, at which all persons are heard, the Council feels that the project still has merit, then the Council will authorize the preparation of necessary plans and specifications, and upon receipt and acceptance of those plans, will authorize the advertisement for bids, by resolution, for the construction of the project. C. Final Hearing (Assessment) After the improvement is ordered and bids received and the improvement is completed, an assessment roll will be prepared and the affected property owners will be mailed a Notice of the Assessment Hearing stating the time and date that an assessment hearing will be held. The prepared assessment roll will be posted at the City Hall for review prior to the assessment hearing. All interested parties shall have an opportunity to be heard regarding the proposed assessment. Necessary and proper adjustment to the assessment roll can be made by Council at the time the hearing is being held. If an appeal is made regarding the amount of the special assessment, written notice must be filed with the Council prior to or at the assessment hearing. After the hearing, the assessment roll is adopted by the Council. The property owners have a 30 day period in which to pay their assessment in part or in full at the City Hall, interest free. After this period, the assessment begins to accumulate interest. On a date as determined by the County of each year, the assessment roll is certified to the County Auditors office where it is added to the tax roll for the following year. The assessment shall be levied over a period to be established by the City Council, in equal annual installments on the principal with interest due and payable on the declining balance. The annual interest rate shall also be established by the City Council upon the sale of the improvement bonds. 2 City of Rosemount Assessment/Improvement Policy SECTION IV CONSTRUCTION STANDARDS AND EXPECTED LIFE Construction Standards and Expected Life Minimum Design Standards The following are minimum design standards applied to the design and construction of improvements in the City of Rosemount and are for reference to this policy. The design of construction of improvements will be completed referencing City Construction and Engineering Guidelines and Minnesota Department of Transportation Reference Book dated 1988 as amended. Sanitary sewer and water mains will be designed and constructed per the standard for "Sewage and Waterworks" as established by the "Great Lakes Upper Mississippi Board (GLUME) and the City Engineer's Association of Minnesota. Design and construction of such improvements may be enhanced as is determined by the City Engineer to serve areas being serviced. A. Sanitary Sewer Laterals Minimum 8" PVC (SDR35), (SDR36), or DIP (CL52). B. Sanitary Sewer Services Minimum 4" PVC (SD26) C. Water Main Lateral Minimum 6" loop or as determined by the City Engineer D. Water Main Services 1. Single Family Residences - Minimum 1" Type K copper. 2. Multiple Family Residences - To be determined by City Engineer based on Minnesota State Plumbing Code. 3. Commercial/Industrial - To be determined by City Engineer based on Minnesota State Plumbing Code. E. Storm Sewer System Pipe size shall be designed to handle a 10 year event and pond shall be designed to handle a 100 year event as determined by the City Engineer. 7 City of Rosemount Assessment/Improvement Policy F. Sidewalks, Trails and Bikeways Concrete - 5 ' wide with 6" sand base - 411 thick (6" thick at driveways) Bituminous - 8' wide (2341) Bit. with 6" CLS, 100 percent crushed rock and 2" Bit. All trails and sidewalks will be located 1' off property line, pedestrian ramps and curb drops will be installed according to MNDOT Standards. G. Streets AG, AG -P and RR Zones - minimum 24' edge to edge, 4' gravel shoulders, rural ditch cross section and 7 ton pavement - or - minimum 28' back of curb to back of curb, urban cross section with concrete curb and 7 ton pavement (no street parking). In certain cases bituminous curb will be allowed and considered temporary. RL, R1 & R2 Zones - minimum 32' back of curb to back of curb, urban cross section, with concrete curb & gutter and 7 ton pavement. R-3 & R-4 Zones - minimum 37' back of curb to back of curb, urban cross section, with concrete curb & gutter and 9 ton pavement. Commercial Zones - 37' minimum, 49' maximum back of curb to back of curb, urban cross section, with concrete curb and gutter and 9 ton pavement as determined by the City Engineer. WM and Industrial Zone - 37' minimum, 49' maximum back of curb to back of curb, urban cross section, with concrete curb and gutter and 9 ton pavement as determined by the City Engineer. Public Zone - Churches, government offices and primary schools - 37' back of curb to back of curb, urban cross section, with concrete curb and gutter and 7 ton pavement; secondary and post -secondary schools: 49' back of curb to back of curb, urban cross section, with concrete curb and gutter and 9 ton pavement. E] City of Rosemount Assessment/Improvement Policy Useful Service Life Public improvements are judged to have a normal useful life expectancy. For the purpose of this policy, this life expectancy shall be as follows: A. Surface Improvements Concrete Curb and Gutter 30 years Bituminous Roadways 20 years Pedestrian Walkways - Concrete 30 years Pedestrian Walkways — Bituminous 20 years B. Subsurface Improvements Water Main 50 years Sanitary Sewer 50 years Storm Sewer 50 years When any existing improvement is ordered to be reconstructed or replaced as defined under Section I, the assessments to be levied will be prorated from 0k at one-half life expectancy to 100% at full life expectancy as noted above or beyond. SECTION V PUBLIC IMPROVEMENTS IN NEW DEVELOPMENTS General Procedures and Policies City Code requires execution of a development contract at the time of land platting. The developer's agreement normally references means and methods of providing for public improvement construction. As a standard, the City of Rosemount has pursued policies by which all costs of improvement are directly attributable and fully paid by cost allocation or assessments against the development, developer or properties requiring and benefiting by the improvement. The policies are established with the intent that no developmental costs are incurred by existing lots or parcels, by the existing residents, or by the City in general The exception is for improvements which are determined to have an area wide benefit which exceeds the scope of the development. E City of Rosemount Assessment/Improvement Policy At the time of platting, the cost responsibilities for any development for trunk improvements shall be defined. This responsibility includes trunk sanitary sewer facilities, trunk water facilities (including source, supply, storage and distribution components), storm water drainage and control facilities, arterial street, park dedication, pedestrian walkway systems and other public improvements, existing or proposed, of an area wide benefit. Normally the City will require a cash payment by the developer for the development's share of improvements for an area wide benefit. The amount to be determined by the City Council. At the time of platting, the development contract may provide details on construction and timing of local or lateral improvements of various nature for the benefit and improvement of the individual properties as required by the Rosemount Subdivision Ordinance. City Improvement Financing and Construction As a general policy, the City of Rosemount will assist developers in the financing and construction of public improvements through authority granted to the City by Chapter 429 of Minnesota Statutes. Such assistance is granted by specific Council action for each development proposal based on perception by the Council of the project, viability, and development benefit to the City. The City may elect to sell bonds for such improvement and assess the costs of bond retirement against individual benefitted land parcels for a period of repayment 3-5 years or as otherwise determined by Council. Typically, the total project costs for improvements benefiting the development will be assessed on an equal basis against all buildable lots in the development. For such City assessed developments and improvements, the City, through the development contract, requires a 60% down payment, cash escrow or letter of credit to protect the City from potential project default, and requires assessment payment concurrent with building permit issuance or per the assessment payment schedule whichever comes first. For such City assisted projects, the City provides design, contract administration and assessment roll processing, legal, fiscal and administrative services and charges costs for those services back to the project. 10 City of Rosemount Assessment/Improvement Policy Public Improvement Work by Private Developers No public improvements may take place before a development contract has been executed. A private developer may have his plans prepared by other than City forces under the following conditions: 1. All plans, drawings, specifications and related documents required shall be prepared by a professional engineer, registered in the State of Minnesota and approved by the City. 2. The developer must keep the City informed as to the time table of development and design, the letting date of a construction contract, and the starting date of construction work. 3. In order to warrant the construction for the life expectancy as previously set forth, the City will provide inspection of all phases of construction as set forth in the contract documents at the developer's cost. 4. The City of Rosemount may perform such engineering and contract administration services which include, but are not limited to, construction surveys, staking and other engineering services when requested by the contractor or developer. The City will also assist the contractor in interpretation of the contract documents, ordinances, codes and other items necessary to meet the criteria as established by the City of Rosemount. 5. No public improvement work shall be performed by any developer or other private party in City right of way or easement unless a development contract has been executed and the final construction plans have been approved by the City. 6. The City will require a surety deposit of 1001 of the estimated project costs in the form of cash, escrow deposit, or irrevocable letter of credit. The City and its representatives shall at all times have access to the work in order to complete the services as herein provided, and the developer shall give the City timely notice of his readiness for inspections or other work to be rendered. Permits, licenses and easements or permanent changes in existing facilities shall be secured and paid for by the developer. The developer shall be charged for these services, and the value of the services shall be determined on a percentage basis as 11 City of Rosemount Assessment/Improvement Policy agreed upon by the developer and the City before the project is started. The fee for City administration services is set annually by resolution of the City Council. Upon proper completion of sanitary sewers, storm sewers, water mains, curb and gutter, roadway base, surfacing and pedestrian walkway by the developer, the City will accept said improvements by resolution under a two (2) year guarantee to the City. SECTION VI IMPROVEMENTS IN EXISTING DEVELOPMENTS (RECONSTRUCTION/REHABILITATION) A. Initiation Improvements may be initiated by petition'or by City Council as set out in Section III -1-A. B. Reconstruction and rehabilitation work proceeding under the terms of this policy shall provide for the standards set out in Section IV. A -G. C. Computation of Assessable Costs Property Cost Assessable Allocation Assessable costs will be allocated to properties based upon their zoning designation at the time of the improvement. The "current" cost for constructing the improvement in Section IV. A -G. will be determined using actual bid prices for those units averaged over the previous two years as constructed by the City plus the last 12 months change in the ECI (Engineering Construction Index). D. Method of Assessment 1. Basic Assessment Data a. Front Footage Assessment Most improvements are assessed according to the cost of the actual design standards implemented in the improvement project, based upon the lesser of the cost per front footage of the improvements abutting a parcel or the corresponding cost based upon the design criteria of the use identified in Section IV. 12 City of Rosemount Assessment/Improvement Policy b. Unit Assessments Some improvements may be assessed on a unit basis, rather than front footage basis. The unit basis is typically used in improvement projects affecting only single family residential properties. It may also be used in single use developments, i.e. commercial parks, industrial parks, where land uses and development densities are similar. Unit assessments are generally determined by multiplying equivalent design costs of the improvements by the minimum frontage requirements of a parcel, as established in the Zoning Ordinance. C. Adjusted Assessments Assessments may be adjusted due to public easements recorded on a parcel. d. Multiple Frontage Assessment Parcels with multiple frontage may be assessed for more than one improvement project. Determination of the assessments will be based upon the actual access or connection to improvements that abut the parcel. 2. Method for Determining Assessment a. Front Footage Assessment To determine the front footage assessment whichever of the following is less will be used: 1) The actual front foot costs of improvements being made which abut the parcel; or 2) The cost per front foot for constructing the improvement according to the design criteria as described in Section IV. b. Unit Assessment 1) Multiple Land Use Improvement Project assessments will be determined by multiplying the design criteria costs per front foot by the minimum frontage of the parcel, as established in the Zoning Ordinance for improvement projects affecting mixed land uses. (RR/AG lot width is 300') 13 City of Rosemount Assessment/Improvement Policy 2) Single Land Use Improvement Projects Assessments will be determined by dividing the actual costs of the improvement project by the maximum number of benefitted parcels abutting the improvements, as determined by the Zoning Ordinance. Parcels that may be divided according to the provisions of the Zoning Ordinance and Sub - Division Ordinance, may receive multiple assessments units. 3. Method of Payment (Interest on the assessment will begin accruing from the date of the adoption of the assessment roll.) A schedule for the payments of special assessments will be determined by the City for each project. The payment schedule for projects in new developments will be set through a development contract but in no circumstances will those schedules be less than the following schedule(s) used for existing developments. The owner may pay the entire or partial amount of assessment at City Hall within 30 days of adoption of the assessment roll without interest. The remaining amount shall be paid in equal principal installments plus interest as determined by the Council (typically 2g above the net interest rate of the bond issue). Annual payments will be remitted with the property taxes. An owner may pay off the assessments in full at any time, but will be charged the entire year's interest after the assessment is certified to the County. SECTION VII ASSESSMENT DEFERMENT POLICY Deferment of Special Assessments A. Purpose - To indicate in which instances the City may legally allow deferment of special assessments levied under this policy. B. Situations of Mandatory Deferment: 1. Certain agricultural/nursery/greenhouse deferments.: Generally, real estate consisting of 10 acres or more or a nursery or greenhouse shall be entitled to a deferment from special local assessments provided that: 14 City of Rosemount Assessment/Improvement Policy a. The property is actively and exclusively devoted to agricultural use evidenced by: (1) At least 33341 of the total family income of the owner is derived from the property or the total production income including rental from the property is $300.00 plus $10.00 per tillable acre; and (2) The property is devoted to the production for sale of agricultural products. b. The property: (1) Is the homestead of the owner, the owner's surviving spouse, child or sibling of the owner or is real estate which is farmed with the real estate containing the homestead property; or (2) Has been in possession of the applicant, the applicant's spouse, parent, or sibling or a combination of the foregoing for a period of at least seven (7) years prior to application for the deferment of special assessments or is real estate which is physically near and farmed with the real estate which qualifies under this provision; or (3) Is the homestead of a share holder in a family farm corporation; or (4) Is in the possession of a nursery or greenhouse. When the above described property no longer qualifies for deferment, all deferred special assessments plus interest shall be payable in equal installments spread over the time remaining until the last maturity date of the bonds issued to finance the improvements for which the assessments were levied. If such bonds have matured, the deferred special assessments plus interest shall be payable within 90 days. Application for deferment of special assessments under these provisions must be filed by May 1st of the year prior to the year in which the assessments would be payable. Applications granted shall continue in effect for subsequent years until the property no longer qualifies. Applications shall be filed with the assessor of the taxing district in which the real property is located. 15 City of Rosemount Assessment/Improvement Policy The agricultural/nursery/greenhouse special assessments deferment is subject to the provisions of Minnesota Statutes §273.111. C. Situations of Discretionary Deferment. 1. Senior citizen/low income deferment. At its discretion the City may defer assessments against any homestead property owned by a person 65 years of age or older and for whom it would be a hardship to make the assessment payments. The standards and guidelines governing what constitutes hardship are established by City ordinance or resolution. Additionally, the City may grant a deferrment in situations where its hardships standards and quidelines have not been met if exceptional and unusaual circumstances exist and no preference or discriminatory treatment will occur. This deferment is subject to the provisions of Minnesota Statutes §435.193. 2. Unimproved property deferment. The City may also defer the assessment of improvements with respect to property which is not directly and immediately affected by the improvement for which the assessment is levied. If applicable, at such times as extensions or conections regarding the improvement directly benefit such unimproved property, the City may require payment of the deferred assessments as well as those relating to the connection or extension. This deferment is subject to the provisions of Minnesota Statutes §429.051. 16 City of Rosemount Assessment/Improvement Policy Five Year Street Reconstruction Program Estimated Cost of Reconstruction $5,700,000 over 5 years Estimated Cost of Maintenance/Overlays $ 300,000 over 5 years Sources of Revenue 1. Assessments 2. MSA Funds 3. CIP 4. General Tax Levy Concept Develop five year, ongoing, street reconstruction program to reconstruct and maintain city streets. Initially this program would cover 5 years. Each year this program would be reviewed and upgraded to add next year. In order to fund this general reconstruction/maintenance program it is necessary to look at sources of funding in a broader sense than on a project by project basis. It is necessary to consider "pooling" of all available sources so that a "financing program" can be generated. These sources would be: 1. Assessments - under the proposed assessment policy a portion of all construction costs, will be assessed. The percentage of individual project costs to be assessed will typically be 60t, but could range from a low of 50k to a high of loot depending on what type of street it is and how many abutting properties have access to the street, the type of development occurring, etc.. Generally if the street is larger than a residential street MSA Funds offset city costs. (Those not collected through assessments.) 2. MSA Funds are available to the city through the State of Minnesota from the MVET Fund. There is no indication now that those funds are in any great extent, in jeopardy. On some projects the amount of dollars that the city can receive for reconstruction of an MSA designated street is almost loot of the cost. The city receives a maximum amount er year from MSA Funds even if our costs are greater. We don't lose those funds which are not covered in a single year but we must wait for our allocation to be great enough to cover those costs. Exhibit A 17 City of Rosemount Assessment/Improvement Policy The City's allocation for MSA is about $300,000 per year. This amount would expand as the number of street miles that are eligible increases. What many cities do is to develop a 5 year reconstruction plan and borrow against their MSA allocation. That is, say borrow money to fund large projects which have to be done before MSA Funds are available and use their allocation as it comes in to pay off the debt. This is actually quite a common and a good approach if you have a "Street Reconstruction Program" in place. 3.. CIP. As part of a reconstruction and maintenance program it is appropriate to set aside, as part of a 5 year CIP Program, monies for general maintenance. This is simply part of the General Fund but funds specifically designated for the Street Reconstruction Program. In fact, the Street Reconstruction Program should be just one part of an overall 5 year CIP Program for the city and the "General Tax" contribution would be part Of it. The specific dollar amount to be designated in the CIP would vary depending on the overall needs. 4. General Tax Levy. Funds made available through general taxes could be provided in a couple of ways. a. In a five year street reconstruction program as we borrow money to pay for projects a certain portion of that debt could be calculated as "General Fund" debt, and, if the levy needed to pay for that debt is greater than the assessments available, the general tax base would support that debt. b. Through a CIP Program, as noted in No. 3 above, the general taxes used to help finance a program would compete with other uses of our tax levy. Example: YEAR RECONSTRUCTION MAINTENANCE TOTAL 1 $ 800,000 $ 60,000 $ 860,000 2 800,000 60,000 860,000 3 1,000,000 60,000 1,060,000 4 1,600,000 60,000 1,660,000 5 1,500,000 60,000 1,560,000 TOTAL COST $5,700,000 $ 300,000 $ 6,000,000 Exhibit A 18 City of Rosemount Assessment/Improvement Policy Revenues 1. Assessments - Assume average of 50W of Reconstruction cost would be assessable. 50W X $5,700,000 =$2,850,000 Typically assessments would be spread for seven years in these issues. 2.. MSA - Based on the projects now projected for complete reconstruciton over the next 5 years it is calculated that $3,000,000 would be MSA Fundable. Since our MSA allocation is only $300,000 per year we could either use that $300,000 per year to offset that amount of debt to incur or borrow against this allocation up front and utilize our allocation to pay off that debt. 3. General Tax/CIP - The shortfall created between the total needed and those dollars available in No. 1 and 2. above would have to be picked up through general taxes wither through a debt levy or general tax levy and funding the CIP. Assume• A. Year 1, Year 2, Year 3 $2,780,000 in cost MSA Allocation (900.000) $1,880,000 CIP Funding Per Yr. Debt Needed $ 300,000 (100,000) $1,580,000 Issue $1,600,000 in Bond at 8% for 7 yrs. in 1991 Annual debt payment Assume 50t Assessments Increase in Debt Levy B. Year 4, Year 5 MSA Allocation CIP Funding Per Yr. Debt Needed 19 $299,255 260,000 40,000 (rounded) $3,220,000 in cost (600,000) $2,620,000 $ 300,000 (150.000) $2,325,000 Exhibit A City of Rosemount Assessment/Improvement Policy Issue $2,325,000 in Bonds at 8t for seven years in Year 4. Annual debt payment $ 434,855 Assume 50t Assessable 301,125 Increase in Debt Levy 134,000 (rounded) This example shows what two debt issues over a five year period would cause as an increase in debt services levy. The amount of $174,000 is equal to about a 2k increase in the city's portion of our tax levy. TYPICAL ASSESST Assume a 80 foot frontage residential street lot. Assume residential equivalent front footage cost equals $40. Percentage Assessed Assessment Amount: 100 $3,200 90%, 2,880 80% 2,560 50%* 1,600 40% 1,280 30% 960 20t 640 10%- 320 Exhibit A 20 ------------------ SIUCEr CAMBRIAN AVE C kMARO LANE CNAItU" AVE C3IAIANTI AVE: C11ILI AVE 146111 ST A4 . 146MI ST.W. L. 147'111 147'111 sr.W. U. 147'111 Sl'.W. 14 8711 S A4 . U.149'111 Sr -W. L. 150111 ST.W. 143RD S"r.W. 144711 sr.W. CHORLEY AVE 147111 Sr.w. 14trill Sr.W. 149111 ST.W. U.149111 S'r-W. DALLARA AVE DALLARA AVE DANV I LLE AVE DELFT AVE U. 145111 ST.W. U. 145'111 Sr.W. U. 148'111 121ST :;1'. W. BUItNLE:Y AVE I..147111 SI'.W. 149'111 ST.W. CIMARRON AVE 146111 ST.W. U.148'111 ST.W. 149TH DAMASK Cl'. L.146111 Sr -W. 150'111 ST.W. City of Rosemount Assessment/Improvement Policy STRUCTURAL MAINTENANCE Route EPROM L. 147711 ST.W. CAMBRIAN AVE 148711 ST.W 145711 SI'- W.L. 14711.1 ST.W. BURNLEY AVE CAMED AVE CANADA AVE. CANADA AVE CANADA AVE CANADA AVE CNARLSIXA AVE. CANFIELD CIR. CIIII,E AVE 011111 AVE U.10"111 ST.W. C211PP. AVE. CIHPP AVE CIl I PP .AVE. CI10RI.EY AVE. 145111 ST.W. DOM BLVD U.145111 ST.W. 0.145111 S'r.W. DALLARA AVE DANV I 11E AVE DELFT AVE AKRON AVE 145'r11 ST.W. BURMA AVE CANADA AVE 148'111 01'.W. CHIMP. AVE. CHORLEY AVE 0101110/ AVE N. END DAN1it1RY AVE DALLARA AVE TO IF/1Y 3 S. END 11. 150711 ST.W. L. 147'111 ST.W. 148141 ST.W. I1WY 3 CHIPP.AVE C11 11.I AVE C11IPP. AVE C 11ILI AVE C11 I L I AVE Ci{I PP. AVE CIIARLSTON AVE CIMMARON CINMARON AVE U.1417111 ST.W. CIMARRON AVE CIMARRON AVE WORLEY AVE CIMARRON AVE DODD BLVD 15U'Li ST.W. DODD BLVD DODD BLVD DAMASK AVE DE:LF'r AVE DIAMOND PATH WEST' F7iD 146111 ST.W. HWY 3 CIIARLSTON AVE U.148'111 CI14M7UIRON AVE C:IMARRON AVE C11RYSLER AVE DODD BLVD DANVILIX AVE W. END 21 PRIORMILES FEW 4 0.25 1320 4 0.19 1003 4 0,13 686 4 0.14 739 4 0.18 950 4 0.1 528 4 0.38 2006 4 0.21. 1109 4 0.24 1267 4 0.21 1109 4 0.21 11.09 4 0.15 792 4 0.16 845 4 0.21 1109 4 0.24 1267 4 0.1 . 528 4 0.21 1109 4 0.21 1109 4 0.04 211 4 0.16 845 4 0.31 . 1637 4 0.16 845 4 0.38 2006 4 0.42 2218 4 0.06. 317 4 0.11. 581 8 0.09 475 10 0.64 3379 10 0.09 475 10 0.06 317 10 0.09 475 10 0.16 845 10 0.2 1056 10 0.17 898 10 0.1 528 10 0:13 686 10 0.06 33.7 10 0.18 950 TOTAL 7.13 37646 WI'AL $13,000.00 $11,000.00 $6, 000.0Ei- $6,000.00 $8,000.00 $6,000.00 $18,000.00 $9,000.00 $11,000.00' $9,000.00 $9,000.00 $7,000.00' $7,000.00 $9,000.00 $11,000.00 $4,000.00 $9,000.00 $9,000.00 $2,000.00 $7,000.00 $14,000.00 $7,000.00 $15,000.00 $17,000.00 $2,000.00 $4,000.00 $4,000.00 $24,000.00 $4,000.00 $4,000.00 $4,000.00 $7,000.00 $`3, 0011.00 $7,000.00 $4,000.00 $5,000.00 2,000.00 $7,000.00 $311,000.00 Exhibit B City of Rosemount Assessment/Improvement Policy 4: N N 40 4044 � Z t� r r v `rr� • 2 080 N O h N N h tl! 0 0 0 0 o000 O ORRR O��� 00 yrs eei a� ao ori r ¢i Q eh s Bei .-i vi a. o .n • .r %0 CO I h tl ! tl tl .+ •r tl 140 VI t7 Vt i!? N eft il? N 4* 4 il! iA ilt N ih ii? N 0 � a .0 H O! r4 r4 NO NMr ehe v,vt !a! ! !r E+ h !%D M'WMM M � a ` �. .4%0�:_.%. CO Z; CO moi 8 �. . 0 �. C1� Ohm Ne!! COtA Nlh _ . en .. fm 04 C4 %0 Mr..�.�NeN N .� F4 Cj Mh Niin_ IV .4 O0� lM+ftH� M � C4hiT 00000 .�00 CCN O O ►'�+ 00 00 E'1 O Nte9 NN en V' N! N!%0 N!tl N ! W •. Qd 1 E+ 1 L 3 -:Gy6G G] v tzi W LM LL1 > 4L', < aw c N F Fc. n t f., t9 aA .. .•4Z a "' y0 Sc Z �= m 1 d !N ..� 3 4 > c stn ontoZ Zr en G GZ � t y •• < W >3 n tU3 � �> .4 iA NO CN<riq Ic:A 0Eqr v r .r ..1 as NNNNN o+aaaa f+1 e7 TTT 0%0%a�aa �t1NN o.a+rn �D o+ h er `' EBhibit C 22 city of Rosemount Assessment/Improvement Policy RESIDENTIAL STREET EQUIVALENT ESTIMATE The quantities listed below are for a 500' length of residential street, 32' wide bituminous, including lateral storm drain and street lights $49,350 divided by 500 LF. = $98.70 per foot of street. $98.70 divided by 2 sides = $49.35 per assessable foot. Equivalent residential street assessment = $49.35 per foot for all items. Street only = $34.85 per assessable foot (items 1-6) Storm Drain only = $11.95 per assessable foot (items 8-10) Street fight only = $ 2.57 per assessable foot (item 7) 23 Exhibit D Item Quantity its Unit Price Total 1. Soll Correction 2000 C.Y. $ 4 $ 8,000 2. 6" Class 5 Aggregate 600 Ton 5 3,000 3. lie 2331 Bitum. Base 135 Ton 17 2,295 4. 1V 2341 Bit. Wear Course 135 Ton 19 2,565 5. Concrete Curb & Gutter 1000 LF. 5 5,000 6. Restoration 1 LS. 3,500 3,500 7. Street Ught 1 Each 1,800 1,800 8. Catch Basins 2 Each 800 1,600 9. Manhole 1 Each 1,000 1,000 10. RC Pipe 250 LF. 23 5,750 Total Construction $34,510 10% Contingency 3,450 Subtotal $37,960 Plus 10% Administration 11,390 Total $49,350 $49,350 divided by 500 LF. = $98.70 per foot of street. $98.70 divided by 2 sides = $49.35 per assessable foot. Equivalent residential street assessment = $49.35 per foot for all items. Street only = $34.85 per assessable foot (items 1-6) Storm Drain only = $11.95 per assessable foot (items 8-10) Street fight only = $ 2.57 per assessable foot (item 7) 23 Exhibit D MEMORANDUM TO: STEVE JILK FROM: MIKE MILES DATE: MARCH 10, 1992 RE: ROSEMOUNT CONTRIBUTIONS OF LABOR OR MONEY TO-S.O.A.R. This memo is written in response to the request at the Monday, March 2, 1992 Rosemount City Council Meeting for the City Attorney to research whether the City could provide funds or employee assistance to the S.O.A.R. movement to stop relocation of the Metropolitan Airport. The Minnesota Attorney General's Office has faced this type of question on several occasions and its advice to various municipalities is instructive. In fact, there is an AG's opinion (Op. 476-B-2) which specifically provided that the Village of Arden Hills could not contribute funds toward a campaign in opposition to expansion of the Anoka Airport. The Attorney General's Office concluded that such a contribution would have been for a "private purpose" unauthorized by law. The Attorney General's Office also concluded that, even if the residents of Arden Hills voted to recommend that the Village Counsel make such a contribution, this did not empower the counsel to proceed with funding the campaign. The reasoning behind the various rulings of the Attorney General's Office is that, unless a municipality can show that the official business and interests of that municipality are adversely affected by an action, a city may not expend funds in either support of or opposition to the action in question. Furthermore, my review of the opinions suggests that the official interest or business to be protected must be very tangible and not simply speculative in nature. Since the provision of employee time toward thwarting the relocation- of the airport in Dakota County is, in effect, the expenditure of city funds, the same arguments as stated above would apply toward the provision of staff services to S.O.A.R. os/16/91 r' [REVISOR j XX/LY 91-2964 Introduced by Kalis, Pauly, Lieder, Uphus, Orenstein H. F. No. 1709 May 18, 1991 Companion S.F. No. Referred to Committee on TRANSPORTATION Reproduced by PHILLIPS LEGISLATIVE SERVICE 1 A bill for an act 2 relating to transportation; authorizing municipalities 3 to create transportation utilities; proposing coding 4 for new law in MinnesotaStatutes, chapter 444.' 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 6 Section 1. (444.30) [TRANSPORTATION UTILITY.] 7 Subdivision 1. [DEFINITIONS.] For purposes of this 8 section, the following terms have the meanings given them 9 (a) The term "municipality" means a home rule charter or 10 statutory city or a town. 11 (b) The term of governina body" means the town board with 12 respect to towns. ^� 13 (c) The term "transportation utilities" or "facilities" 14 includes grading, base construction, surfacing construction, 15 curb and gutter, striping, signing, signalization, lighting, 16 sidewalks, pedestrian pathways, landscaping, boulevard 17 restoration, and other appurtenances and related facilities. 18 Subd. 2. [AUTHORIZATION.] A municipality may build, 19 construct, reconstruct, repair, enlarge, improve, maintain, or 20 in any other manner obtain transportation utilities and 21 facilities for the collection, transport, and disbursement of 22` traffic, maintain and operate the facilities inside its 23 corporate limits, and acquire by gift,purchase, lease, 24 condemnation, or otherwise any and all land and easements 25 required for those purposes. The authority granted in'this 1 05/16/91 [REVISOR ] XX/LY 91-2964 v l subdivision is in addition to all other powers with reference to 2 the facilities otherwise granted by the laws of this state or by 3 charter of any municipality. 4 Subd. 3. [FINANCING.] For paying the cost of building, 5 constructing, reconstructing, repairing, enlarging, improving, 6 maintaining, or in any other manner obtaining the facilities or 7 any portion of them, a municipality may issue and sell its 8 general obligations. The obligations may be made payable 9primarily from taxes or from special assessments to be levied to 10 pay the cost of the facilities or from net revenues derived from 11 transportation charges or from other nontax`revenues pledged for 12 their payment under charter or other statutory authority, or 13 from two or more of 'the sources. A municipality may issue 14 special obligations payable solely from taxes or special 15 assessments or from revenues, or from two or more of the 16 sources. Real estate tax revenues should be used only,. and then 17 on a temporary basis, to pay general or special obligations when 18 the other revenues are insufficient to meet the obligations.` 19 All obligations must be issued and sold in accordance with 20 chapter 475. When special assessments are pledged for the 21- payment of the obligations, they must be authorized and issued 22 in accordance with chapter 429 or the city's charter, if the 23 charter authorizes these obligations and the governing body 24 determines to proceed under the charter. When net revenues are 25 pledged to the payment of the obligations, together with or I 26 apart from taxes and special assessments, the pledge must be 27 made in accordance with subdivision 4. 28 Subd. 4. [CHARGES; NET REVENUES.] To pay for the 29 construction, reconstruction, repair, enlargement, improvement; 30 or other obtainment and the maintenance, operation, And use of 31 the facilities, the governing body of a municipality may impose 32 just and equitable charges for the use and for the availability 33 of the facilities and for connections with them and make 34 contracts for the charges as provided in this section. Charges 35 must be as nearly as possible proportionate to the cost of 36 transportation systems and may be fixed on the basis of traffic 2 1 r 05/16/91 (REVISOR ] XX/LY 91-2964 1generated, by reference to a reasonable classification of the 2 types of premises to which service is furnished, by reference to 3 the quantity, type, 'and loading of the traffic generated, or on 4 any other equitable basis including, but without limitation, any 5 combination of those referred to. The governing body may make 6 thecis a charge against the owner, lessee, occupant, or all 7 of them and may provide and covenant for certifying unpaid 8 charges to the county auditor with taxes against the property 9 served for collection as other taxes are collected. In 10 determining the reasonableness of the charges to be imposed, the 11 governing body may consider all costs of the establishment, 12 operation, maintenance, depreciation, and necessary replacements 13 of the system and of improvements, enlargements; and extensions 14 necessary to serve adequately the territory of the municipality, 15 includin9 the principal and interest to become due on _ A P 16 obligations issued or to be issued. When net revenues have been 17 appropriated to the payment of the cost of the establishment, 18 the cost of any specified replacement; improvement enlargement, 19 or extension, or the cost of the principal and interest due on 20 obligations to be issued for those purposes, no charges imposed 21 to produce net revenues adequate for the purpose may be deemed 22 unreasonable by virtue of the fact that the project to be 23 financed has not been started or completed if (1) proceedinqS 24 for it are taken with reasonable dispatch and (2) the project, 25 when completed, may be expected to make service available to the 26 premises charged that will have a value reasonably commensurate 27 with the charges. All charges, when collected, and all money 28 received from the sale of any facilities or equipment or any 29 by-products must be placed in a separate fund and used first to 30 pay the normal, reasonable, and current costs of operating and 31 maintaininq the facilities. The net revenues received in excess 32 of the costs may be pledged by resolutions of the governing 33 body, or may be used though not so pled ed, to pay principal and 34 interest on obligations issued as provided in subdivision 3 or 35 to pay the Portion of theprincipal and interest as may be 36 directed in the resolutions. Net revenues derived from an 3 05/16/91 [REVISOR ] XX/LY 91-2964 1 facilities, whether or not financed by the issuance of the 2 obligations, may be pledged or used to pay obligations issued 3 for other facilities of the same types. In resolutions 4 authorizing the issuance of either general or special 5 obligations and pledging net revenues to them, the governing 6 body may make covenants for the protection of holders of the 7 obligations and taxpayers of the municipality as it deems 8 necessary, including, but without limitation, a covenant that 9 the municipality will impose and collect charges of the nature 10 authorized by this section at the times and in the amounts 11 required to produce, together with any taxes or special 12 assessments designated as a primary source of payment of the 13 obligations, net revenues adequate to pay all principal and 14 interest when due on the obligations and to create and maintain 15 reserves securing the payments as may be provided in the 16 resolutions. When a covenant is made, it is enforceable by 17 appropriate action on the part of any holder of the obligations 18 or any taxpayer of the municipality in a court of competent 19 jurisdiction, and the obligations are deemed tobepayable 20 wholly from the income of the system whose revenues are so 21 pledged, within the meaning of sections 475.51 and 475.58. 22 Subd. 5. [LEVY ASSESSMENTS.] The governing body of a 23 municipality may also levy assessments against property within 24 the municipal limits benefited by the transportation system 25 under the procedure authorized by law or charter with reference 26 to other assessments for benefits of local improvements, may 27 .transfer and use for the purposes of this section surplus funds 28 of the municipality not specifically dedicated to another 29 purpose, and may levy taxes on property within the municipal 30 limits for the purposes of this section. 4 Precinct Mala With Polling Locations SCALE r = 3000' CITY OF ROSEMOUNT of i u I „dw N 3 PRECINCT 1 • PRECII PRECINCT 2 PRECINCT 5 DAKOTA COV IY TECHNICAL /NST TV7 146.8 49 r &.„u -. UNIVERSI T Y OF ; MINNESOTA PRECINCT" 4 . rN•/ taw •. w///r trt•/ • "" "' TNM _ "/""• `""' / NiYNw wW •. rw/Nr !r/�4 •. W WK/ /trl W1{ M. MlrYt 4KW •. N11rMt W IL rlY{NI11 lrWl RESEARCH /. • i CENTER 1� - i• •. r1/ir/ NWr • rrwri twM V. /i{{liti H{YW x. r«wwr r/lu/ N. r..rrt .wrr . N M s q. MrN Iirll ... rwu cw•r { /.. Mlr /irar ilW/ N. !r1{l N/M /iNl/ tlWi � PRECINCT 1 SHANNON PARK ELEMENTARY SCHOOL / 13501 SHANNON PARKWAY PRECINCT 2 UNITED METHODIST CHURCH 1 14770 CANADA AVENUE PRECINCT 3 ST. JOHN'S LUTHERAN CHURCH / 3285 144TH STREET WEST CITY OF 1 PRECINCT 4 LUTHERAN CHURCH OF OUR SAVIOR / 14980 DIAMOND PATH PRECINCT 5 SENIOR CITIZENS CENTER / 2900 145TH STREET WEST ( E$ ) INDICATES POLLING LOCATIONS EX h i U i t 1 ADMIN. DEPT. (BCB '03/92) R,. 1 I � . t.•h 2 I - 3 I �� _"_V F 1 - - ---- - -- — -- — =Az ocm r) LJUV 6 £ �` s m� �_ rpt.• � � , IRMO owel. 4000 w 3000 w CITY OF R OSEMOUNT January, 19911 ADMIN. DEPT. ( B C B 03 / 92 CURRENT PRECINCT MAP T.'•`t�',��JIpi '�f�a'�fi M.7.S' F?fes! _ \�,.' r 4. f %! I i �I i �,- 1 ClTr / COATES '111 111 111 '111 II! il� I11 ADMIN. DEPT. ( B C B 03 / 92 CURRENT PRECINCT MAP