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HomeMy WebLinkAboutCity Council Resolution 1973-342w VILLAGE OF PLYMOUTH Pursuant to due call and notice thereof, a regular meeting of the Village Council of the. Village of Plymouth, Minnesota, was i held on the 20th day of August, 1973. The following members were present: Mayor Hilde, Councilmen Hunt, Neils, Seibold and Spaeth.' The following members were absent:, -None'. Councilman Neils introduced the following Resolution and moved its adoption: RESOLUTION NO. 73-342 WHEREAS, the Village Manager has been previously instructed by this 4 Council to study and review the status of water and sanitary sewer assessment practices in this Village, and WHEREAS, the Village Manager submitted a report to ttis Council on March 28, 1973 dealing with these matters, and WHEREAS, subsequent Council study and review of his report has indicated that the establishment of formal Village policies concerning the matter of area type assessments for water and sanitary sewer utility services should be adopted, NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF PLYMOUTH that the attached statements shall be considered to be the Council's policy position with respect to the matter of water and sanitary sewer area type assessments, and FURTHER, the policy of the Village concerning the collection of previously deferredassessments for water and sanitary sewer service, and FURTHER, the policy concerning the granting of credits for previously installed water and/or sanitary sewer lateral service to undeveloped parcels, and BE IT FURTHER RESOLVED that copies of these policies be made available to developers in the Village of Plymouth. The motion for the adoption of the foregoing Resolution was duly seconded by Councilman Seibold, and upon vote being taken thereon, the following voted in favor thereof: Mayor Hilde, Councilmen Neils, Seibold and Spaeth. The following members voted against or abstained; None. Whereupon the Resolution was declared duly passed and adopted. STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) SS. VILLAGE OF PLYMNM I, the undersigned, being the duly qualified and acting Clerk of the Village of Plymouth, Minnesota, hereby certify that I have carefully compared the foregoing extract of the minutes of a regular meeting of the Village Council of said Village held on August 20, 1973, with the original thereof on file in my office, and the same is a full, true and complete transcript theTe&a WITNESS, My hand officially as such Clerk and the corporate seal of the Village this 24th day of August,.1973. Susan L. I sen Village Clerk SANITARY SEWER 1. Area Charges. 1.1 If parcels or parts of parcels benefiting from a sanitary sewer district improvement were not assessed the appropriate sanitary sewer area charge at the time of the original levy, or if such assessment was deferred by Council discretion or at the request of the property owner, then such area charge shall be collected by the Village at the rate in effect for that sewer project area. Interest shall be applied to the area assessment at the same rate as contained in the assessment roll for the sewer district improve- ment project from the date of the adoption of that roll. If a sanitary sewer area charge was not assessed due to an oversight or error by the Village, then the Village shall assess the area charge to the property at the rate in effect at the time of the original assessment levy but without the capitalization of interest. Such assessment shall not exceed the term of the original levy. 1.2 Future sanitary area assessments shall be levied against, or col-' lected from, all benefiting properties within an appropriate sani- tary sewer district at the area assessment rates then currently in effect. 2. Connection Charges. 2.1 If the Council deferred to levy a sanitary sewer connection charge on a parcel or a part of a parcel at its discretion or at the request of the property owner and such charge is due now because of subsequent connection to the sanitary sewer system, the Village shall take the necessary steps to collect the due amount short of assessing the parcel. Such amount shall be at the rate in effect at the time of such �ronnection. If collection is not possible, then it shall be assessed to the parcel in question. Such assess- ment shall not exceed the term of the original levy. 2.2 Residential Equivalent Connection (REC) charges for sanitary sewer service to dwelling units or other structures benefiting from such service shall be collected prior to the issuance of a building per- mit, provided such connection charges were not previously assessed or paid. REC charges shall be collected at the rate in effect at the time the building permit is approved. 2.3 If sewer connection or REC charges were previously assessed to a parcel or a part of a parcel. and such land develops or has developed at a density greater than contemplated at the time connection or REC charges were assessed, then additional REC charges shall be deemed due and payable to the Village. As, an example, if a 20 -acre parcel were assessed 40 sewer connection or REC charges, and sub- sequently the parcel develops at the density of greater than two units per acre, then all units over 40 shall pay REC charges at the rate in effect at the time the building permit is approved. 3. Central System Costs. 3.1 Sanitary sewer area and Residential Equivalent Connection (REC) charges are deemed by the Village to represent central system costs, representing sewer interceptors, trunksandmains normally over 10 inches, force mains, pumping stations, etc. WATER 1. Unit Charges. 1.1 Prior to August 22, 1972 it had been the policy of the Village to assess and/or collect a water unit charge of $175 per single-family -2- dwelling unit. The water unit charge was, in essence, a connection charge rather than an area charge for the following reasons: 1.11 The term used was "water unit" charge. 1.12 The charge was based upon existing or projected dwelling units. As an example, in some areas undeveloped lands were assessed cane water unit charge. In other cases, the entire frontage of a parcel was assessed water unit charges to a depth of 170 feet on the basis that 170 feet was a reasonable depth for lateral assessment benefit. In other cases, entire parcels were assessed water unit charges on the basis of two water units per acre, assuming single- family development. 1.13 Single-family and multiple dwelling water unit charges were different. The single-family unit charge was $173 and the multiple unit rate was $100. 2. Connection Charges. 2.1 If the Council deferred to levy a water unit charge on a parcel or a part of a parcel at its discretion or at the request of the property owner and such charge is due now because of subsequent connection to the water system, -the Village shall take the necessary steps to collect the due amount short of assessing the parcel. Such amount shall be at the rate in effect at the time of such connection. If collection is not possible, then it shall be assessed to the parcel in question. 2.2 Residential Equivalent Connection (REC)charges for water service to dwelling units or other structures benefiting from such service shall be collected prior to the issuance of a building permit, pro- vided such connection charges were not previously assessed or paid. REC charges shall be collected at the rate in effect at the time the building permit is approved. 2.3 If water unit or REC charges were previously assessed to a parcel or a part of a parcel, and such land develops or has developed at a density greater than contemplated at the time unit or REC charges were assessed, then additional REC charges shall be deemed due and payable to the Village. As an example, if a 20 -acre parcel were assessed 40 water unit or REC charges, and subsequently the parcel develops at a density of greater than two units per acre, then all units over 40 shall pay REC charges at the rate in effect at the time the building permit is approved. 3. Area Charges.'. 3.1 Prior to August 22, 1972 the Village did not assess water area charges for central system costs. In those cases where parcels or parts of parcels have been assessed water unit charges, then the amount of land so assessed shall be deemed to have been assessed for both the new area and REC charges, assuming with respect to the REC charge that subsequent development does not exceed two dwelling units per acre. 3.2 Parcels or parts of parcels not benefiting from water lateral service and for which no water unit or area assessments have here- tofore been levied shall be subject to the new water area assess- ment policy. 3.3 Future water area assessments shall be levied against or collected -a- from all benefiting parcels within an appropriate water district at the area assessment rates then currently in effect. 4. Central System Costs. 4.1 Water area and Residential Equivalent Connection charges are deemed by the Village to represent central system costs, representing wells, reservoirs, treatment facilities and equipment, water trunks and mains normally over 8 inches. DEFERRED SANITARY SEWER AND/OR WATER ASSESSMENTS 1. Area Type Charges. 1.1 To the extent that the Council has previously deferred area type charges (such as sanitary sewer area, sewer connection, and/or water unit charge) to parcels or parts of parcels, the Village shall take appropriate action to insure that such deferred assess- ments are paid to the Village or are assessed against the benefitting parcels over a period not to exceed the term of the original levy. 2. Lateral Charges. 2.1 To the extent that the Council has previously deferred lateral type charges to parcels or parts of parcels, and such lateral service benefits the parcel, the Village shall take appropriate action to insure that such deferred assessments are paid to the Village or are assessed to the benefiting parcels over a period not to exceed the term of the original levy. In those cases where because of the character of development the deferred lateral assessment benefit is non-existent, due to such factors as double street frontage, such deferred assessments shall not be deemed to be collectible.by the Village. -5- CREDIT FOR PREVIOUSLY LEVIED LATERAL BENEFIT 1. In those cases where water and/or sanitary sewer lateral assessments have been levied against undeveloped parcels, along with water and/or sanitary sewer area charges, and subsequent development indicates that all or part of the lateral service does not benefit theparcel, 6 credits for such previously levi{ed lateral assessments shall be- sidered.* The Village Engineer shall make his recommendations for said lateral assessment credits in conjunction with Council review of the proposed development contract for such parcels. It is understood that the provisions of this policy do not include public improvement projects which have been constructed at the request of landowners and/or developers of open land for speculative development (e.g. Central Area projects) nor other improvement projects constructed in accordance with development plans of a previous owner of such parcels.