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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