HomeMy WebLinkAboutCity Council Packet 09-25-2007 SpecialAgenda
City of Plymouth
Special City Council Meeting
Tuesday, September 25, 2007
5:00 p.m.
Medicine Lake Room
1. Call to Order
2. Discuss Special Assessment Policy
3. Set future Study Sessions
4. Adjourn
DATE: September 17, 2007 for the City Council Study Session of September 25, 2007
TO: Laurie Ahrens, City Manager
FROM: VIVote, Director of Public Works
SUBJECT: SPECIAL ASSESSMENT POLI'CY UPDATE
Attached please find the updated Special Assessment Policy. The update reflects the changes we have
discussed and has been reviewed by the City Attorney. I have incorporated other assessment related
policies into this policy with the exception of our policies related to deferrals. The street
reconstruction assessment policy, which was previously approved by the City Council separately from
the whole policy, has also been incorporated back into this policy as has been the assessment interest
rate policy.
attachment: Updated Special Assessment Policy
0:\Engineering\GENERAL\MIS C\DORAN\2007\C C_S pecAsmtPo I i cy.doc
SPECIAL ASSESSMENT POLICY
Resolution No. 98-6
January 7, 1998
Supersedes Res. 95-126, February 21, 1995; Res. 89-154, March 6, 1989; Res.
88-381, June 27, 1988; Res. 88-115, February 8, 1988, Res. 87-132, February
23, 1987, Res. 85-237, April 1, 1985; Res. 83-674, December 5, 1983; Res. 82-
615, November 22, 1982; Res. 81-803, November 23, 1981; Res. 81-128,
February 23, 1981; Res. 80-475, July 21, 1980; Res. 76-281, May 17, 1976; Res.
75-624, November 3, 1975; Res. 73-342, August 20, 1973; Res. 66-156,
September 12, 1966)
I. The Basis of Special Assessments.
A. General
As a statutory charter city, Plymouth has the authority to levy special assessments under
the provisions of the State Local Improvement Code (MSA Chapter 429). Speeial
the speeial benefit those par -eels derive frem the 4 as detemnined by the City
Geunefl.. Minnesota State Law, Chapter 429.011 to 429.111 and portions of 444
provides that a municipality shall have the power to make public improvements such as
sanitary sewers, storm sewers, water source and distribution facilities, street
improvements includingrag ding, curb and gutter, surfacing, sidewalks, street lighting,
recreational facilities, etc. The various procedures the municipality must follow
including reports, notices and public hearings are well defined within the law.
The Statute further provides that the cost of any improvement may be assessed upon
property benefitted by the improvement based upon the benefits received whether or
not the property abuts on the improvement and whether or not any part of the cost of
the improvement is paid from Municipal State Aid, the county -state aid funds or trunk
highway funds. The law is not specific on how these benefits are to be measured or
how the costs are to be apportioned, but rather makes it incumbent upon the
municipality to determine, with assistance of an engineer or other qualified personnel, a
fair and equitable method of cost sharing among the properties involved.
For the purposes of allocating costs for public improvement projects in the City of
Plymouth, the City Council has defined two forms of benefit:
1. Special benefit
2. General benefit
Special Benefit. The general application of both law and court decisions holds that only
properties that receive a special benefit from improvement projects may be specially
assessed. For example, public utilities brought to an area not served with sanitary sewer,
water, road and drainage result in the properties in question increasing in market value.
Likewise, properties that do not directly abut a street improvement can be shown to
benefit from that improvement if the street provides the only public access to those
properties. Property may only be assessed to the extent the improvement causes the
property to increase in market value. ThCity has histerie"'ccclly assessed msst public-
et
General Benefit. The concept of general benefit holds that in some types of improvement
projects the community at large derives a benefit distinct from the special benefit derived
by the properties within the project boundaries. For example, a major thoroughfare may
be deemed to have a general benefit to the community at large, as well as the special
benefit derived by the abutting property.
The Cotmeil shall also detefmine pr-eliminainy proposed public improvemetit pr-ejec
Special assessments are levied by the City Council on particular parcels of property based
upon the benefit those parcels derive from the improvement as determined by the City
Council.
B. Total Proiect Cost
The total cost of a public improvement includes the following:
Construction cost plus 15% for engineering, administration, legal fees, assessment
rolls bonding costs, plus right-of-way costs (fee acquisition and/or easement costs
includiniz staff time) and temporary funding charges, plus other charges for
services and contingencies, plus any assessable charges from other governmental
agencies (i.e. Metropolitan Council Environmental Services, Hennepin Countz
State of Minnesota), plus anYassessable costs previously incurred by the City.
A portion of other contributing funds from the City (i.e. Municipal State Aid (MSA),
Trunk Utility Water Resources, etc.) or outside governmental agencies may be deducted
from the total improvement cost to determine the assessable cost.
C. Assessment Interest Rate
The special assessment interest rate shall be established annually by the Finance and
Administrative Services Department. The rate shall as determined by the rate at which
the City can issue General Obligation Special Assessment bonds plus 1.5% for
administrative costs.
D. Term ofAssessment
Assessments shall normally be levied for a period not to exceed five (5) years for
assessments of $5,000 or less, ten (10) years for assessments greater than $5,000 but
10,000 or less, and fifteen (15) years for assessments greater than $10,000. In no case
shall the assessment term exceed the expected useful life of the improvement.
E. City Owned Property
The City from time to time undertakes public improvement projects benefiting_ property
within the City, and City -owned property is occasionally benefited by suc;
improvements. City property shall be determined the benefit generally as follows:
1. Property owned or used by a City utility operation shall be deemed to
benefit in the same manner and to the same extent as a single-family
residential property.
2: Park land shall be viewed on an individual basis; however, smaller
neighborhood parks shall normally not be assessed; rather the costs spread
throughout the benefiting district. Community or central parks should
normally be assessed for benefit as single-family residential property.
Storm water holding areas shall not normally be deemed to be assessable.
4. Other categories of property shall be reviewed on an individual basis to
determine benefit.
F. Property Excluded
Special assessments will not be levied against property lying within the boundaries of a
delineated wetland or property dedicated for public right-of-way or easement prior to
development of the property.
H. Public Improvement Assessment Policies
A. Sanitary Sewer
Functional Classification. For purposes of benefit determination, the following
two functional classifications are adopted:
a. Trunk. Trunk sanitary sewers are those lines normally sized larger than eight
inches which are required to be constructed to provide service to a sewer
district or sub—district. These trunk lines are identified in the City's Sewer -
Pokey Pla ewerDn'Sanitary Sewer Plan. The cost of trunk facilities is deemed to be
a central system cost. Trunks may provide lateral benefit and where such
benefit is determined the property will be so assessed. Trunks may be
constructed in an alignment to develop lateral benefit which requires deeper
pipe construction. In such instances, the Council shall consider the degree to
which extra depths may be treated as a trunk versus a lateral cost.
b. Laterals. Lateral sanitary sewer lines in most residential zones (FRD, R-1
through R-3) are not larger than eight inches while other zoned areas may
have lateral benefit up to twelve inches. Laterals are designed to be sized to
collect the sewage from a project area for conveyance to a trunk facility.
2. Central System Costs. Central system costs are divided into the following two
categories:
a. Connection Charge. Sanitary Sewer Residential Equivalent Connection
REC) charges are established by the City to finance central system costs:
sewer trunks, force mains and pumping stations, etc. These improvement
costs are incurred before property can develop.
Residential Equivalent Connection (REC) charges for sanitary sewer service
to dwelling. units or .other structures shall be collected at the current rate
prior to the issuance of a building permit. If sewer connection or REC
charges were previously assessed to a parcel, or part of a parcel, and such
land is developed with a more intensive use than was contemplated at the
time connection or REC charges were assessed, additional REC charges
shall be calculated based on the higher use.
The current REC rate t--' 14areh 6, -19 -89 -to be eff-eetive April 1, 1999)
adopted December 12, 2006 to be effective January 1, 2007) r all
residential zones is $37-9 $400 per dwelling unit or residential equivalent
unit (REC). Land uses in all other zones will be charged on the. basis of the
estimated demand placed upon the sanitary sewer system. T-he-eharge ate
be based o e REG being equivalent t, 72,000 gallons of sewage flour per_
year oJected by the City Engineer- €er the speeifie proposed. use. The
REC is defined as a sewer availability charge SAC unit as calculated by
the Metropolitan Council Environmental Services) multiplied by 1.39.
b. Area Charges Sanitary sewer area assessments, to finance central system
costs, shall be levied against all benefiting properties within an improvement
district. Sanitary sewer and water area assessments will usually be levied at
the same time.
The current assessment rates (adepte Mar -eh 6, 1989 to be efe etive n pr -i ,
49" (ado-pted December 12, 2006 to be effective January 1, 2007) for
sanitary sewer area charges are is: $950 per developable acre.
Area and connection charges shall be reviewed and revised eaeh Feb fuary
cen eneii in -1990 based upon e eh-ange in the n ,.nen-iea City „a
County Genstfuetion Cost index as published in the American —City aa
Ge th the base index being 118.9 (December—$} annually to
determine whether current charges are projected to be adequate to cover the
cost of infrastructure needed to serve future development. .
3. Lateral Assessments. It is the policy of the City to assess fully the costs of all
lateral sanitary sewers to a given project area. These costs shall include the costs
associated with bringing the sanitary sewer to the property at a point and depth
needed to serve not only the property in question, but adjacent parcels outside of
the current project boundary if the line is to be extended in the future. It shall be
the intent of the policy to insure that the most economical and effective sanitary
sewage collection system can be constructed so as to meet the ultimate needs of
the community at large. In all but high density (R-4) residential developments,
lateral sanitary sewer special benefit shall be limited to pipe sizes no greater than
nine eight inches in diameter, while in commercial and industrial zoned
properties, including properties zoned high density residential (R-4), the special
benefit shall be limited to a pipe no greater than twelve inches in diameter.
Lateral assessment shall be calculated on a front footage or unit basis.
B. Water
1. Function Classification. For purposes of benefit determination, the following
two functional classifications are adopted:
a. Trunk. Trunk watermains are normally sized twelve inches or larger. These
trunk lines are identified in the City's Water Supply and Distribution Plan.
The cost of trunk facilities is deemed to be a central system cost. Trunks
may provide lateral benefit and where such benefit is determined the
property will be so assessed. There is no lateral benefit for FRD, R-1 and
R-2 development unless a direct building connection is made to the trunk
water main. It is fiuther determined that there is lateral benefit from trunk
water mains for all developments.
b. Lateral. Lateral lines are normally not larger than eight inches in most
residential zones (FRD, R-1 through R-2) and twelve inches in other zones.
Laterals are designed to be sized to provide water in sufficient volumes and
such pressure as required to serve a project area.
2. Central System Costs. Central system costs are divided into the following
categories:
a. Connection Charge. Water Residential Equivalent Connection (REC)
charges as established by the City to finance central system costs,
representing trunk water mains, reservoirs, wells, pumping stations,
treatment facilities, etc.
Residential Equivalent Connection (REC) charges for water service to
dwelling units or other structures shall be collected at the current rate prior
to the issuance of a building permit. If water connection or REC charges
were previously assessed to a parcel, or part of a parcel, and such land is
developed with a more intensive use than was contemplated at the time
connection or REC charges were assessed, additional REC charges shall be
calculated upon the approved higher use and payable to the City.
The current REC rate (adopted >, a eh 6, 1989 to be effeetive April 1, a"
adopted December 12, 2006 to be effective January 1, 2007) for all
residential zones is 9 $1,025 per dwelling unit or residential equivalent
unit REC Land uses in all other zones will be charged on the basis of the
estimated demand placed upon the sanitary sewer system. Tie-ehai:ge ate
be basedenone REG being equivalent to 72 000 gaNe ^ of sewage flow per-
ye- as-Rr-j eeted by -the -City Engineer the . The
REC is defined as a sewer availability charge(SAC) unit (as calculated by
the Metropolitan Council Environmental Services) multiplied by 1.39.
b. Area Charges. Water area assessments, to finance central system costs, shall
normally be levied against all benefiting properties within an appropriate
improvement district at the area assessment rate then currently in effect
when water is available to the property. Normally the area n4s will
not be levied unless sanitary sewer- is also a-vaila
The current assessment rates (gdepte Mar -eh 6, 1989 to be off tiye April 1
4959) (adopted December 12, 2006 to be effective January 1, 2007) for
water area charges a -r -e is: $3,525 per developable acre.
Area and connection charges shall be reviewed and revised eaeh February
eefmneneing in loon basod upen the ehange in the A.%eriean City ,..,1 Ce ity
GonstFuetion Cost index as published in the Amer4ean City and Geunt5', vAth th
base index being 118.9 (Deee,,. ber- 1988) annually to determine whether current
charges are projected to be adequate to cover the cost of infrastructure needed to
serve future development.
3. Lateral Assessments. It is the policy of the City to assess fully the costs of all
lateral water mains to a given project area. These costs shall include the costs
associated with bringing the water main to the property at a point needed to serve
not only the property in question, but adjacent parcels outside of the current
project boundary if the line is to be extended in the future. It shall be the intent of
the policy to insure that the most economical and effective water distribution
system can be constructed so as to meet the ultimate needs of the community at
large. In all but high density (R-3 and R-4) residential developments, lateral
water main special benefit shall be limited to pipe sizes no greater than eight
inches in diameter,
including properties
schools, the special
inches in diameter.
unit basis.
C. Storm Drainage.
while in commercial and industrial zones properties,
zoned in high density residential (R-3 and R-4) and
benefit shall be limited to a pipe no greater than twelve
Lateral assessment shall be calculated on a front footage or
Storm drainage facilities, (pipes, ponds, wetlands, lakes, etc.) are designed to
convey storm and other surface water so as to enhance the public health, safety
and welfare. The benefits to the citizens of Plymouth from such facilities are
numerous. They include, but are not limited to:
a. Protection and preservation of wetlands, marshes and ponds for the
enhancement of ground water recharging, filtration of pollutants, wildlife
habitat, and general aesthetic beauty associated with such natural areas.
b. Conveyance of surface water through piping systems to prevent flooding
and damage to property.
c. Establishment and maintenance of pond and lake levels to prevent flooding
downstream in the watershed.
d. Improvement of receivingwaterater quality for lakes, wetlands and streams.
e. Control of channel erosion and stream morphology.
f. Protection of the physical and biological integrity of the stream and wetland
corridors.
g. Control bounce and duration of inundation of wetlands and preservation of
the function and values for each type of wetland classification.
A comprehensive storm drainage system benefits all properties in the watershed
distr-ie . Projects undertaken within a watershed or major drainage district, which
improvements are designed as "trunk" in the Stafm T',,ainage P! Surface water
Management Plan, are deemed to be of general benefit to all of the property
within the watershed or major drainage district. The Council shall determine
whether or not trunk benefit is present in a project. If trunk benefit is present, the
cost of that part of the project will be shared by all within the watershed or major
drainage district in the following manner:
a. Ad valorem taxes collected from property within the watershed.
3 rteri Drainage B,,,,,ejW-s Area Charges.
The current assessment rate (adopted XXXX, 2007 to be effective January 1,
2008) for storm drainage area charges is $X,XXX per developable acre.
For purpose of assessing storm drainage benefit, the following assessment ratio
shall normally be used:
Land Use Ratio
Commercial & Industrial Zones 2—V2
High Density Residential (R-3 and R-4) 1 —
Low Density Residential (Other R Zones) 1
Area charges shall be reviewed and revised annually to determine whether current
charges are projected to be adequate to cover the cost of infrastructure needed to
serve future development.
D. Streets
1. This policy outlines the general street assessment policy which will be applicable
for various street functional classifications and zoned for guided properties. The
policy will assure property owners they are being treated in an equitable manner
with respect to the special benefits their property receives from street
improvements.
2. Functional Classification.
a. Minor Arterials. Minor arterials are roadways designed to provide for the
through movement of traffic and are generally associated with the most
intense land uses. Access to such arterials is generally limited to public
streets. Arterials are normally designed to 9—ton standards with concrete
curb and gutter and a width of 52 feet. Arterials may include medians and
turning lanes.
b. Major Collectors. Major collectors are roadways designed to distribute
traffic from major generators or from minor collectors to the arterial system.
Access to major collectors shall be minimized, however, insuring the
abutting parcels are properly served. Major collectors are designed to 9 -ton
standards with concrete curb and gutter and a width of up to 52 feet. Major
collectors may include medians and turning lanes.
c. Minor Collectors. Minor collectors are roadways designed to distribute
traffic from the major collectors and/or arterials to the local street system
and vice versa. Lane access and local traffic movement within the various
neighborhoods and areas are provided. Minor collectors are designed to 9—
ton standards with concrete curb and gutter and width between 44 and 48
feet in commercial/industrial and higher density residential area, and to 7—
ton standards and a width between 32 and 36 feet in residential zones.
d. Local Streets. Local streets are roadways designed to serve as access to
abutting residential or industrial/commercial properties. The design shall
discourage through traffic. Residential streets are designed to 7—ton
standards and a width of K 28 feet and commercial/industrial streets are
designed to 9 -ton standards and a width of up to 36 feet.
3. Assessment Procedures
a. Low Density Residential (FRD, R-1 and R-2). It is the normal City policy to
fully assess the cost of residential street construction (K 28 feet wide, 7—ton
design, concrete curb and gutter) to the above residential areas if the
property has direct access to the street.
b. Higher Density Residential (R-3 and R-4) and Commercial/Industrial. It is
the normal City policy to fully assess the cost of all streets to the above
residential, commercial and industrial areas if the property abuts the
roadway.
c. Special Considerations.
1) Land uses allowed by conditional use permit other than PUD's in the
FRD, R-1 and R-2 districts shall normally be presumed to receive a
special benefit from roadway construction beyond that for the low
density residential land uses.
2) The general rule is to assess platted lots on a front footage basis,
however, where curvilinear and/or cul—de—sac streets produce odd
shaped lots, consideration will be given to the "unit" assessment if the
special benefit to the property in the district is essentially the same.
3) In those cases where the project street benefits undeveloped
homogeneous area, the Council may assess such project cost to the
parcels on the basis of the relationship of the area of each parcel to
the total area within the homogeneous area to be assessed.
4) City participation in street construction costs shall not be considered
unless the standards exceed 36 feet in width and/or 7 -ton design
residential)/9-ton design (commercial/industrial).
5) The following table indicates the normal assessment practices of the
City based upon the guiding or zoning of the property proposed to be
assessed:
MINOR ARTERIALS:
ZONED FR R- R- R-2 R-3 R-4 B1 B2 113 T4
GUIDED LAI LAI LAI LA LA LA4 L' CN/C, ` S IP
ACCESS TO
STREET
Direct X X X X X
Indirect X X X X X X X X X X
DESIGN
STANDARD
7 -ton X
9—ton X X X X X X
Up to 36 ft. X
Up to 44 ft. X X
Up to 52 ft. X X X X
Concrete X X X X X X X X X X
Curb/Gutter
MAJOR COLLECTORS:
Direct
MINOR COLLECTORS AND LOCAL:
ZONED FRI) R-lA R-
X X X X X X X
Indirect X X X X X X X X X X
DESIGN
STANDARD
7 -ton X X X X
X X X X X X
9 -ton
X X X X
X X X X X X
Up to 36 ft. X X X X
Up to 44 ft. X X
Up to 52 ft. X X X X
Concrete
Curb/Gutter
X X X X X X X X X X
MINOR COLLECTORS AND LOCAL:
ZONED FRI) R-lA R- R-2'` R-3 R-4 BI B2 B3 I-1
GUIDED LA1 _ LAl LAl LA2 LA3 LA L CN/C S IP-
ACCESS TO
STREET
Direct
X X X X X X X X X X
Indirect X X X X X X X X X X
DESIGN
STANDARD
7—ton X X X X
9—ton X X X X X X
Up to 36 ft.. X X X X
Up to 44 ft. X X
Up to 52 ft. I X X X X
Concrete
Curb/Gutter
X X X X X X X X X X
I
i aviimi..!e••v iii .i.o:
a. it is the poke e f the City to n al assess abtAling benefiting property f « street
peliey applies te all streets that are the respensibility ef the City.
Vr • c..uvw .a.e.. s.i..eaee.ri -
b.) the tot-al-
cassessmef4n
in a maintenanee di met may net emeeed the
i
rX"Wnl
4. Street Reconstruction. The Citv Council has adopted a long-range plan providing for the
periodic reconstruction, including mill and overlay, of all paved city streets. With the
improvement of streets, as a result of reconstruction or mill and overlay, adjoining properties
receive special benefit that results in the increase of the property's value. It is the policy of
the City that this special benefit should be paid for by the property owner receiving the
special benefit rather than the City as a whole. This is accomplished by pecially assessing
the benefited property as authorized by State Statute, Section 429. The following is the City
of Plvmouth's policv regarding special assessments to properties benefiting from street
improvements.
a. It is the policy of the City to special assess abutting benefiting property for street
reconstruction costs, but not in excess of the special benefit to the property. This
policy pplies to all streets that are public streets.
b. The assessment amount for the reconstruction or mill and overlay of previously
paved streets shall be determined annually y the City Council.
The assessment amount is based on the following:
1) in 2006-13,Benefited properties shall be assessed 3540% of the engineer's
estimated project cost as set forth in the project feasibility report or 3-540%
of the actual project cost, whichever amount is less. in 200 and
theileafter, the rate shall be 4 00%.
2) For the purposes of street reconstruction or mill and overlay, the project
costs will include the cost of replacing or repairing concrete curb and
gutter. In those cases where bituminous curbingis s replaced with concrete
curb and gutter, or where curb and gutter did not previously exist, the
additional special benefit will be assessed. The cost to be assessed shall
P.M fi_P-Mr. Pmr. III M P-MIIIIIIIIII 99AMMATA
l
4. Street Reconstruction. The Citv Council has adopted a long-range plan providing for the
periodic reconstruction, including mill and overlay, of all paved city streets. With the
improvement of streets, as a result of reconstruction or mill and overlay, adjoining properties
receive special benefit that results in the increase of the property's value. It is the policy of
the City that this special benefit should be paid for by the property owner receiving the
special benefit rather than the City as a whole. This is accomplished by pecially assessing
the benefited property as authorized by State Statute, Section 429. The following is the City
of Plvmouth's policv regarding special assessments to properties benefiting from street
improvements.
a. It is the policy of the City to special assess abutting benefiting property for street
reconstruction costs, but not in excess of the special benefit to the property. This
policy pplies to all streets that are public streets.
b. The assessment amount for the reconstruction or mill and overlay of previously
paved streets shall be determined annually y the City Council.
The assessment amount is based on the following:
1) in 2006-13,Benefited properties shall be assessed 3540% of the engineer's
estimated project cost as set forth in the project feasibility report or 3-540%
of the actual project cost, whichever amount is less. in 200 and
theileafter, the rate shall be 4 00%.
2) For the purposes of street reconstruction or mill and overlay, the project
costs will include the cost of replacing or repairing concrete curb and
gutter. In those cases where bituminous curbingiss replaced with concrete
curb and gutter, or where curb and gutter did not previously exist, the
additional special benefit will be assessed. The cost to be assessed shall
be 100% of the cost of installing the concrete curb and gutter. This cost
will be assessed on either a front foot or unit basis. The addition of a
storm sewer system will also be considered an additional benefit and shall
be assessed at 100% of the cost.
3) Prejeet east includes beth rlireet a ns4,uetiev, nests and all in iFee eestsn
4) Assessments shall normally be levied for- aper-iod net to emeet4::
yean f assessments „f $
59,
6000er- loses +o„ (1 0) .s f r , s.s.e.s.sfftents
er-eater- 41,a $5,000 but $10,000 less „,1 fifteen ( 5) years
5) Assessments for -properties guided or zoned for single-family use shall be
made on a per parcel (unit) basis for a local residential or residential low
volume street design standard as provided for in Plymouth City Code and
Engineering Guidelines. A property may be assessed for more than one
unit in cases where the property could be reasonably further subdivided in
accordance with current zoning and subdivision requirements.
6) For properties guided or zoned for other than single family use, the City
shall calculate equivalent units based on the guided or zoned use. The
equivalent units may be based on front footage or area depending upon the
guided or zoned use and parcel configuration.
7) If a street is reconstructed to a design standard greater than the current
design standard due to the guided or zoned uses, the additional cost to
reconstruct the street shall be fully assessed to those properties. If the
street is reconstructed to a design different than the current standard, the
total cost shall be fully assessed to those properties if conditions warrant.
8) Properties abutting county roadways reconstructed to complete urban
design and having reasonable access thereto shall be assessed in
accordance with this policy. The assessments shall be used to defray the
CAY's cost participation in the county improvement projects.
9) Properties or areas of property that have been determined to be
unbuildable shall be excluded from assessments.
Amended C>1. oer— TTI ,. f the -Plymouth city Cede in,.ai,,a-nee 2005 0
11) Senior- Citizens and Disabled People Speeial AssessinerAs Deferml&—in
aeeor-dapee with City igoliey Rf::you are at least 65 years of age er—are
deferrals may be a-vailable as authorized by State Statute, 9 eetien 4 29.
12) Properties not abutting roadways reconstructed to complete urban design
but whose primary public street access is from said roadway shall be
assessed an amount equal to the special benefit received as determined by
a certified real property appraiser.
E. Street Lighting
Street lighting assessments shall be made in accordance with Chapter VII of the Plymouth City
Code.
F. Other Provisions
Payment ofAssessments and Deferrals
Partial Payments
Partial prepayments of assessments can be made in accordance with Axaen4ed Chapter III of the
Plymouth City Code (Ordinance 2005-06).
Deferrals
Senior Citizens and Disabled People Special Assessments Deferrals in accordance with City
policy (if you are at least 65 years of age or are disabled, you mu qualify to have special
assessments deferred). Other deferrals may be available as authorized by State Statute, Section
429 or other Citypolicies.
Combined Parcel
Where there is proposed a combination of parcels of record upon which separate special
assessments have been levied, it shall be the policy of the City of Plymouth with respect to
abatement of such special assessments as follows:
1) In no case shall assessments for area charges or front foot lateral charges be
adjusted.
2) Residential Equivalent Charges formerly assessed may be abated by the City
Council on a case—by—case basis, on parcels that would be unsuitable for
construction only at such time as said parcels are combined with others to create a
suitable parcel.
CITY OF PLYMOUTH
ORDINANCE NO. 2001-17
AN ORDINANCE AMENDING SECTION 725
OF THE PLYMOUTH CITY CODE CREATING A STORM WATER UTILITY
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Section 725 of the Plymouth City Code is amended to read:
ME
IN"MWIN -1
Ir
01WON,
M 1".210 EA E - Ial - I -, ad
G:..:.:.:..,:...zMMM" ..,:.W:.
Ordinance No. 2001-17
Page 2 of 6
MIMM
MINIMUM-
MFM.
MuRfUrefffskIrNrer MR.
ORa.-
MAI T_
MINIMUM-
Ordinance No. 2001-17
Page 3 of 6
Om M. 111111111!41111111
pill
allm Ell
111 Will
Mm R11117P.M.
Om M. 111111111!41111111
pill
mm- M-1-1. I` - - .... . ..
allm Ell
mm- M-1-1. I` - - .... . ..
WIN-
mm- M-1-1. I` - - .... . ..
Ordinance No. 2001-17
Page 4 of 6
0. W. ffim0 -11111 -mm refffs".9 00NOW
WHON' III
725.01. Storm Water Utility Established. A municipal storm sewer utility is hereby established and
shall be operated as a public utility pursuant to Minnesota Statutes, Section 444.075 from which
revenues will be derived subject to the provisions of this Chapter and Minnesota Statutes.
725.02. Definitions. Unless the context clearly indicates otherwise, the following words or phrases
have the meanings given in this Subdivision.
A. Residential Equivalent Factor (REF). One REF is defined as the ratio of the average volume of
runoff generated by one acre of a particular land use to the average volume of runoff generated
by one-half (1/2) acre of typical single family residential land, assuming Soil Conservation
Service (SCS) "Type B" soil conditions, during a standard 1 year rainfall event, as determined
by the Public Works Director.
B. Storm Water Utility Rate. The charge to a typical one-half (1/2) acre single family residential
parcel shall be the storm water utility rate.
725.03. REF For Land Uses. Storm water drainage fees for single family (detached) and duplex
parcels shall be on a per parcel basis. These fees shall be calculated by multiplying the REF
by the storm water utility rate.
Storm water drainage fees for all other land uses shall be determined by multiplying the REF
for the land use by the parcels' acreage and then multiplying the resulting product by the storm
water utility rate. The REF values for various land uses are as follows:
Land Use
Per Parcel
Single Family (Detached) & Duplex
REF
1.00
Per Acre
Multi -Family (Townhomes,'Condominiums, and Apartments) 3.32
Commercial and Industrial 7.18
725.04. Other Land Uses. Land uses not listed in the foregoing table shall be evaluated individually
based on the amount of impervious coverage and parcel size.
Ordinance No. 2001-17
Page 5 of 6
Golf courses and regional parks will have their fees based on the amount of run-off produced by the
impervious area of each parcel, not the total parcel size.
725.05. Storm Water Utility Rate. The storm water utility rate is $3.25 per month and shall be
charged to all parcels not listed as exempt in Section 725.08.
725.06. Credits. The City Manager, or designee, may adjust the REF for parcels of land (other than
single family and duplex parcels) based on the demonstration of impervious coverage substantially
different from the standards used by the City to establish the REF for the use to which the parcel
belongs. Information and hydrologic data must be supplied by the property owner(s) to demonstrate
that a fee adjustment is warranted. Adjustments to a REF shall not be made retroactively. Appeals of
the City Manager's determinations shall be made to the City Council.
725.07. Incentives. The City Council may adopt, from time to time, by resolution an incentive
program which would allow for the reduction of fees for individual parcels of land. The maximum
reduction for any parcel shall be 20%.
725.08. Exemptions. The following land uses are exempt from storm water utility fees.
A. Public Rights -of -Way
B. Vacant Land (e.g., undeveloped land, agricultural land without a dwelling)
C. Railroad Rights -of -Way
D. Unoccupied Public Land (e.g., open space, parks without permanently staffed
structures)
725.09. Billing and Past. Storm water utility charges shall be computed and billed periodically
with, and included as a charge on, bills issued by the City for water, sewer, recycling or streetlight
services. If a parcel of land subject to the storm water utility charge is not served by other utilities, a
separate bill shall be issued every two (2) months for residential properties and every one (1) month for
commercial properties.
725.10. Amount Due After Due Date. An amount equal to 10% of the unpaid current service charges
shall be added to each account which is not paid by the due date as specified by the Finance
Department.
725.11. Delinquent Bills. If storm water utility charges are not paid within three (3) months after a
billing is issued, the City shall certify the amount due, together with penalties, to the County Auditor to
be collected with other real estate taxes on the parcel.
725.12. Establishment of Fund. All fees collected for the storm water utility shall be placed in a fund
for storm water purposes as permitted by Minnesota Statutes, Section 444.075.
SECTION 2. This ordinance shall become effective for all billings (with the exception of public and
private schools) rendered after July 31, 2001. This ordinance shall become effective for billings to
public and private schools rendered after July 1, 2002.
Ordinance No. 2001-17
Page 6 of 6
ADOPTED by the City Council June 12, 2001.
s/ Joycelyn H. Tierney
Joycelyn H. Tierney, Mayor
ATTEST:
s/ Sandra R. Paulson
Sandra R. Paulson, City Clerk
Agenda Number: S
TO: Mayor and City Council
FROM: Laurie Ahrens, City Manager
SUBJECT: Set Future Study Sessions
DATE: September 21, 2007, for Council study session of September 25, 2007
1. ACTION REQUESTED: Review the pending study session topics list and set study
sessions or amend the topics list if desired.
2. BACKGROUND: Attached is the list of pending study session topics, as well as calendars
to assist in scheduling. There are two upcoming items where you may wish to establish study
session dates:
Discuss water and sewer elements of the Comprehensive Plan (early Nov.)
City Manager Annual Performance Review (Nov. or Dec.)
Pending Study Session Topics
at least 3 Council members have approved the following study items on the list)
Discussion of Rental Licensing Ordinance and Point of Sale
Inspection (Black, Stein, Willis; fall) — report coming
Other requests for study session topics:
Update with the City Manager (winter)
Three Rivers Park District Open Space (GB)
OFFICIAL CITY MEETINGS
October 2007
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 S 6
7:00 PM PLANNING
COMMISSION, Counal
Chambers
7 8 9 10 11 12 13
COLUMBUS DAY
OBSERVED), Public
Works DlAslon closed .
W PM REGULM COUNCIL7:00
MING, Coundl ChllE lMEETING,
PM
ENVIRONMENTAL
QUALITY COMMITTEE
EQC), Medicine Lake
Rooms A & B
7:00 PM PARK & REC
ADVISORY
COMMISSION (PRAC),
Council Chambers
12:00 PM -4:00 PM FIRE
DEPARTMENT
ANNUAL OPEN
HOUSE, Fire Station III
14 1S 16 17 18 19 20
6:30 PM VOLUNTEER
RECOGNITION EVENT,
Plymouth Creek Center
7:00 PM PLANNING
COMMISSION, Council
Chambers
7:00 PM HOUSING &
REDEVELOPMENT
AUTHORITY (HRA),
Medicine Lake Room A
21 22 23 24 25 26 27
00 PM REGUTAR COUNCIL
MEETING, Council Ch--
7:00 PM PLYMOUTH
ADVISORY
COMMITTEE ON
TRANSIT (PACT),
Medicine Lake Room A
28
DAYLIGHT
SAVINGS ENDS -
set clocks back 1
hour
29 30 31
F 5:30 PM -8:30 PM
HALLOWEEN ON THE
CREEK,Plymouth
Sep 2007
S M T W T F S
Nov 2007
S M T W T F S
1
2 3. 4 5 6 7 8
1 2 3
4 5 6 7 8 9 10
9 10 11 12 13 14 15 11 12 13 14 15 16 17
16 17 18 19 20 21 22 18 19 20 21 22 23 24
23 24 25 26 27 28 29 25 26 27 28 29 30
30
modified on 9/21/2007
OFFICIAL CITY MEETINGS
November 2007
Sunday Monday I Tuesday 7F777TVednesday Thursday Friday Saturday
Oct 2007
S M T W T F S
Dec 2007
S M T W T F S
1
1
700 PM HUMAN
RIGHTS COMMISSION,
Parkers Lake Room
2 3
1 2 3 4 5 6
7 8 9 10 11 12 13 2 3 4 5 6 7 8
14 15 16 17 18 19 20 9 10 11 12 13 14 15
21 22 23 24 25 26 27 16 17 18 19 20 21 22
28 29 30 31 23 24 25 26 27 28 29
30 31
4 5 6 7 8 9 10
7:00 PM PLANNING
COMMISSION, Council
Chambers
7:00 PM PARK & REC
ADVISORY
COMMISSION (PRAC),
Council Chambers
11 12 13 14 15 16 17
VETERANS DAY
OBSERVED), City
Offices Closed
TAO PM REGULAR COUNCIL
MEETING,c—c11C1-1—
7:00 PM
ENVIRONMENTALQUALITYCOMMITTEE
km—), Medicine Lake
Rooms A & B
7:00 PM HOUSING &
REDEVELOPMENT
AUTHORITY (HRA),
Medicine Lake Room A
18 19 20 21 22 23 24
7:00 PM PLANNING
COMMISSION, Council
Chambers
THANKSGIVING
HOLIDAY (City
Offices closed)
THANKSGIVING
HOLIDAY (City
Offices closed)
25 26 27 28 29 30
T:00 PM flEGULAR COUNCIL
MEETING, Countll Clumban ADVIS
COMMITT
7:00 PM PLY]
Ro.mHA
TRANSIT (
Medicine Lak
modified on 9/21/2007
OFFICIAL CITY MEETINGS
December 2007
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
Nov 2007
S M T W T F S
Jan 2008
S M T W T F S
1 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
l
1 2 3
4 5 6 7 8 9 10
11 12 13 14 15 16 17
18 19 20 21 22 23 24
25 26 27 28 29 30
2
2:00 PM -5:00 PM OLD
FASHIONEDCHRISTMAS -
Plymouth Historical
Society Building
3
10:39 AM Truth In
Taxation Hearing
7:00 p.m. Council
Chambers
4
CHANNUKAH
BEGINS AT
SUNSET
5
7:00 PM PLANNING
COMMISSION, Council
Chambers
6 7 8
9 10.
7:00 PM TRUTH IN
TAXATION MEETING
CONTINUED (IF
NECESSARY), Council
Chambers
11
7:W PM REGUWR COUNCILamMEETING, c-11 chambers
12
7:00 PM
ENVIRONMENTAL
QUALITY COMMITTEE
EQC), Medicine Lake
Rooms A & B
13
7:00 PM PARK & REC
ADVISORY
COMMISSION (PRAC),
Council Chambers
14 15
16 17 18 19
7:00 PM PLANNING
COMMISSION, Council
Chambers
20
7:00 PM HOUSING &
REDEVELOPMENT
AUTHORITY (HRA)
Medicine Lake Room A
21 22
23 24
CHRISTMAS EVE,
City Offices close at
Noon
25
CHRISTMAS DAY,
City Offices closed
26
7:00 PM PLYMOUTH
ADVISORY
COMMITTEE ON
TRANSIT (PACT) ,
Medicine Lake Room A
27 28 29
30 31
modified on 9/21/2007