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HomeMy WebLinkAboutItem 8 City of Lakeville Finance Department Memorandum To: Mayor and Council Justin Miller, City Administrator From: Jerilyn Erickson, Finance Director Chris Petree, Public Works Director Date: July 24, 2017 Subject: Special Assessment Policy Amendment The purpose of this agenda item is to discuss the current special assessment policy and the potential amendments to define parameters on the term of the assessment and to modify the deferment portion of the policy to include hardship for military persons as defined under Minn. Stat. §190.05, Subd. 5b or 5c. Special Assessment Terms The current special assessment policy was updated in October 2013 and has the following terms: As established by the City Council, but typically: 1) Reconstruction = 10 to 20 years 2) Mill and Overlay = 10 years Since 2011, reconstruction projects have had 20-year assessment periods (2015 had 20-year and 29-year assessment periods). The amounts of the assessments for single family homes have ranged $3,008-$8,100 with annual principal installments ranging from $150-$405. Current Terms Year Single-Family Amount Annual Principal Term 2011 $5,337.09 $266.85 20 2012 $4,162.36 $208.12 20 2013 $6,040.04 $302.00 20 2014 $3,786.44 $189.32 20 2015 $8,098.24 $404.91 20 2016 $3,826.72 $191.34 20 2017 $3,008.00 $150.40 20 Staff is proposing to establish the term of the assessment according to tiered structure based on the amount of the assessment as illustrated below for residential: Term in Years (Max) Assessment Amount 5 $0-$2,500 10 $2,501-$5,000 15 $5,001-$7,500 20 $7,501+ For residential projects where there are mixed residential land uses the single-family rate will determine the term of the assessment. This change would create consistency in the annual principal amounts as shown below. Residential Terms Assessment $2,500.00 $5,000.00 $7,500.00 $10,000.00 Term in years 5 10 15 20 Annual Principal $500.00 $500.00 $500.00 $500.00 Another benefit would allow for flexibility in the debt strategy as the City would not be extending debt unnecessarily. A similar structure has been set up for front foot rates as shown below. Term in Years (Max) Front Foot Rate 5 $0-$100 10 $101-$200 15 $201-$300 20 $301+ This change would create consistency in the annual principal amounts as shown below. Front Foot Rate Terms Front Foot Rate $0-$100 $101-$200 $201-$300 $500 Term in years 5 10 15 20 Annual Principal per front foot $20.00 $20.00 $20.00 $20.00 Deferment of Special Assessments Staff is recommending the deferment policy to be updated to reflect state statutes which includes a provision for a member of the Minnesota National Guard or other military reserves who is ordered into active military service as defined under Minn. Stat §190.05 Subd. 5b or 5c, as stated in the person’s military orders, for whom it would be a hardship to make the payments. Our current policy allows for the deferment of special assessments for senior citizen and/or disabled homeowners as defined under Minn. Stat §435.193-435.195 if they meet the income hardship requirements as established by City resolution #92-142. Staff is recommending changing the income hardship requirements to reflect the poverty guidelines as established by the US Department of Health and Human Services. This will provide clarity in the income hardship requirement. Staff recommends that existing deferrals and any new deferrals for the 2017 street reconstruction project be grandfathered into the program and this policy take effect beginning with the 2018 street reconstruction project. Residents that don’t meet the hardship criteria established in policy may still apply to the City Council for a waiver. The proposed policy has been reviewed by the City Attorney. Recommendation 1. Establish a tiered structure for residential special assessments and front foot rates used for commercial special assessments 2. Update the deferral policy to a. Reflect current State Statues (military) b. Provide clarity in income requirements c. Grandfather existing property owners that have been approved for the program since 2017 3. Combine the special assessment policy, special assessment deferment policy and hardship requirements into one policy under the Lakeville Policy Manual Attachments: 1) Original (current) special assessment policy 2) Original deferral policy – Res #92-142 – established income hardship requirements 3) Proposed special assessment policy which includes the tiered structure and eligibility requirements for deferral υωψ SPECIAL ASSESSMENT POLICY RELATING TO THE REHABILITATION OF ROADWAYS Policy 5.14 1) PURPOSE a) The City of Lakeville, Minnesota finds that it is in the best interest of the City to outline the policy and procedures for calculating the special assessments to benefitting properties using the 429 Special Assessment Process. b) The policy shall apply to the rehabilitation of roadways with existing paved surfaces. 2) OBJECTIVE a) The City currently utilizes the 429 Special Assessment Process to fund a portion of the costs associated with the rehabilitation of roadways within the City. This policy is intended to: i) Define the share of improvement costs to be specially assessed to benefitting properties ii) Identify the method(s) for calculating the assessments iii) Identify the improvement types for which special assessments will be levied iv) Identify the assessment period for the specified improvement type 3) GENERAL a) Minnesota Statutes Chapter 429 gives cities the authority to levy special assessments for public improvement projects to the benefitting property owners. 4) IMPROVEMENT COSTS TO BE SPECIALLY ASSESSED TO BENEFITTED PROPERTIES. a) It is the policy of the City to special assesses benefiting property for street reconstruction including mill and overlay costs in neighborhoods where the majority of the streets have deteriorated to the extent whereby it is no longer cost effective to provide routine maintenance. b) The special assessments will not be in excess of the benefit to the property. This policy applies to all streets that are public streets. c) Benefited properties shall be assessed 40% of the project costs, as calculated using the contract bid prices for the project. d) 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 curbing is replaced with concrete curb and gutter, or where curb and gutter did not previously exist, the additional 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 per lot basis. In areas where no storm sewer currently exists, the addition of a storm sewer system will also be considered an additional benefit and shall be assessed at 100% of the cost. CURRENT POLICY υωω e) Project cost includes both direct construction costs and all indirect costs such as engineering, financing and administration. f) Assessments for properties guided or zoned for single-family use shall be made on a per parcel (unit) basis. 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 requirement. g) The City recognizes that various housing types typically do not carry the same number of persons (due to their respective densities) or generate the same amount of wear on the streets. Therefore, the following table outlines the cost allocation to be assessed per project: Land use Factor Single family and detached townhomes 1.00 Duplexes 0.50 Town homes 0.50 Apartments 0.25 h) Along major collector and arterial roadways, the Single Family Unit Rate shall be prorated to reflect the City’s typical 40-foot minor collector street section. i) If a street is reconstructed to a design standard greater than the current design standard due to the actual 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. j) 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 City’s cost participation in the county improvement projects. k) Properties or areas of property that have been determined to be unbuildable shall be excluded from assessments. No building permits will be issued for such property so deleted from assessments. l) Senior Citizens and Disabled People Special Assessments Deferrals are available in accordance with City policy. Other deferrals may be available as authorized by State Statute, Section 429. CURRENT POLICY υωϊ m) City will not special assess the cost of routine maintenance such as sealcoating, crack sealing or minor patching. n) Commercial and Industrial (1) The method for calculating the special assessments for commercial and industrial properties shall be on a front foot basis, unless it is otherwise determined by the City Council. (2)The front foot unit assessment rate will be based on the average cost per foot of assessable roadway improvements (3)At the City Council’s discretion, assessments may also be calculated using the same methodology as the predominant surrounding land use and/or zoning of the area. a. For properties used or zoned for other than residential use, the Assessable Units will be calculated by multiplying the number of front feet by 1.5 (because streets and roadways adjacent to non-residential uses are typically constructed to higher standards) and divided by the minimum required lot width based on the lot requirements for the predominant single-family zoning in the area. o) Institutional and Public Properties (1)The method for calculating the special assessments for these properties shall be the same methodology as the predominant surrounding land use and/or zoning of the area, unless it is otherwise determined by the City Council. (2)At the City Council’s discretion, assessments may also be calculated on a front foot basis. p) Mixed Use Areas (1)The method for calculating the special assessments in these areas shall be the same methodology as the predominant surrounding land use and/or zoning of the area, unless it is otherwise determined by the City Council. a. For properties used or zoned for commercial or industrial use, the Assessable Units will be calculated by multiplying the number of front feet by 1.5 (because streets and roadways adjacent to non-residential uses are typically constructed to higher standards) and divided by the minimum required lot width based on the lot requirements for the predominant single-family zoning in the area. (2)At the City Council’s discretion, assessments may also be calculated on a front foot basis. CURRENT POLICY υωϋ q) Agricultural land. Agricultural properties, regardless of the number of individual tax parcels, shall be assessed residential units commensurate with the number of users for the agricultural land (i.e. If there is one residential building structure for multiple adjacent agricultural tax parcels under the same ownership, only one residential unit assessment shall be levied, and it shall be levied against the parcel containing the building structure 5) SPECIAL ASSESSMENT TERMS a) As established by the City Council, but typically: (1)Reconstruction = 10 to 20-years (2)Mill and Overlay = 10-years CURRENT POLICY CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA RESOLUTION Date September 8, 1992 Resolution No.92-142. Motion By Sindt Seconded By Harvey RESOLUTION AUTHORIZING DEFERMENT OF SPECIAL ASSESSMENTS WHEREAS, the City recognizes that certain. citizens may have a very difficult time in .paying special assessments.. NOW, THEREFORE, BE IT RESOLVED by the Lakeville City Council, Minnesota: I. The Council may defer the payment of any special assessment on homestead property owned by individuals 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payment. If the property is homesteaded by more than one person, only one must be 65 years of age or older. 2. A hardship exists when the average annual payment for all assessments levied against the subject property exceeds one. percent lo) of the adjusted gross income of the applicant, as evidenced by the applicant's most recent federal income tax return. 3. Permanent and total disability" means the inability to hold gainful employment by reason of mental or physical disability. 4. The deferment shall be granted upon certification by the owner on a form prescribed by the County Auditor supplemented by the City Clerk to establish the qualification of the owner of such deferment. Initial applications must be filed within thirty 30} days after the adoption of an assessment roll for new levies or by September 30th for preexisting levies. Applications must be renewed annually by the filing of a similar application not later than September 30. The Council shall either grant or deny the deferment and., if it grants the deferment, it may require the payment of the interest due each year. If the Council grants the deferment, the Clerk shall notify the County Auditor and the County Assessor who shall record a notice of the deferment with the Council Recorder setting forth the amount of the assessment. 5. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following r08/26/92 CURRENT DEFERMENT POLICY - INCOME HARDSHIP events: 1) the death of the owner when there is no spouse who is eligible for deferment; 2) the sale, transfer, or subdivision of all or any part of the property; 3) loss of homestead status on the property;. 4) determination by the Council for any reason that there would be no hardship to require immediate or partial payment; or 5) failure to timely file a renewal application. 6. Upon the occurrence of one of the events specified in subdivision 5 above, the Council shall terminate the deferment. Thereupon, the City Clerk shall notify the Council Assessor and the County Auditor. of the termination, including the amounts accum- ulated on unpaid installments plus applicable interest which shall become due and payable as a result of the termination. ADOPTED by the City Council of the City of Lakeville, Minnesota, this 8th day of September 1992. CITY OF KEVILLE f Du ne R. Zaun, M or ATTEST: s°` t Charlene Friedges, City Clerk 2- CURRENT DEFERMENT POLICY - INCOME HARDSHIP SPECIAL ASSESSMENT POLICY RELATING TO THE REHABILITATION OF ROADWAYS Policy 5.14 1) PURPOSE a) The City of Lakeville, Minnesota finds that it is in the best interest of the City to outline the policy and procedures for calculating the special assessments to benefitting properties using the 429 Special Assessment Process. b) The policy shall apply to the rehabilitation of roadways with existing paved surfaces. 2) OBJECTIVE a) The City currently utilizes the 429 Special Assessment Process to fund a portion of the costs associated with the rehabilitation of roadways within the City. This policy is intended to: i. Define the share of improvement costs to be specially assessed to benefitting properties ii. Identify the method(s) for calculating the assessments iii. Identify the improvement types for which special assessments will be levied iv. Identify the assessment period for the specified improvement type 3) GENERAL a) Minnesota Statutes Chapter 429 gives cities the authority to levy special assessments for public improvement projects to the benefitting property owners. 4) IMPROVEMENT COSTS TO BE SPECIALLY ASSESSED TO BENEFITTED PROPERTIES. a) It is the policy of the City to special assesses benefiting property for street reconstruction including mill and overlay costs in neighborhoods where the majority of the streets have deteriorated to the extent whereby it is no longer cost effective to provide routine maintenance. b) The special assessments will not be in excess of the benefit to the property. This policy applies to all streets that are public streets. c) Benefited properties shall be assessed 40% of the project costs, as calculated using the contract bid prices for the project. d) 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 curbing is replaced with concrete curb and gutter, or where curb and gutter did not previously exist, the additional 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 per lot basis. In areas where no storm sewer currently exists, the addition of a storm sewer system will also be considered an additional benefit and shall be assessed at 100% of the cost. e) Project cost includes both direct construction costs and all indirect costs such as engineering, financing and administration. f) Assessments for properties guided or zoned for single‐family use shall be made on a per parcel (unit) basis. 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 requirement. PROPOSED POLICY g) The City recognizes that various housing types typically do not carry the same number of persons (due to their respective densities) or generate the same amount of wear on the streets. Therefore, the following table outlines the cost allocation to be assessed per project: Land use Factor Single family and detached townhomes 1.00 Duplexes 0.50 Town homes 0.50 Apartments 0.25 h) Along major collector and arterial roadways, the Single‐Family Unit Rate shall be prorated to reflect the City’s typical 40‐foot minor collector street section. i) If a street is reconstructed to a design standard greater than the current design standard due to the actual 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. j) 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 City’s cost participation in the county improvement projects. k) Properties or areas of property that have been determined to be unbuildable shall be excluded from assessments. No building permits will be issued for such property so deleted from assessments. l) Senior Citizens, Disabled People, and Military Special Assessments Deferrals are available in accordance with City policy see section 6. Other deferrals may be available as authorized by State Statute, Section 429. m) City will not special assess the cost of routine maintenance such as sealcoating, crack sealing or minor patching. n) Commercial and Industrial 1. The method for calculating the special assessments for commercial and industrial properties shall be on a front foot basis, unless it is otherwise determined by the City Council. 2. The front foot unit assessment rate will be based on the average cost per foot of assessable roadway improvements 3. At the City Council’s discretion, assessments may also be calculated using the same methodology as the predominant surrounding land use and/or zoning of the area. a. For properties used or zoned for other than residential use, the Assessable Units will be calculated by multiplying the number of front feet by 1.5 (because streets and roadways adjacent to non‐ residential uses are typically constructed to higher standards) and divided by the minimum required lot width based on the lot requirements for the predominant single‐family zoning in the area. o) Institutional and Public Properties PROPOSED POLICY 1. The method for calculating the special assessments for these properties shall be the same methodology as the predominant surrounding land use and/or zoning of the area, unless it is otherwise determined by the City Council. 2. At the City Council’s discretion, assessments may also be calculated on a front foot basis. p) Mixed Use Areas 1. The method for calculating the special assessments in these areas shall be the same methodology as the predominant surrounding land use and/or zoning of the area, unless it is otherwise determined by the City Council. a. For properties used or zoned for commercial or industrial use, the Assessable Units will be calculated by multiplying the number of front feet by 1.5 (because streets and roadways adjacent to non‐residential uses are typically constructed to higher standards) and divided by the minimum required lot width based on the lot requirements for the predominant single‐family zoning in the area. 2. At the City Council’s discretion, assessments may also be calculated on a front foot basis. q) Agricultural land. Agricultural properties, regardless of the number of individual tax parcels, shall be assessed residential units commensurate with the number of users for the agricultural land (i.e. If there is one residential building structure for multiple adjacent agricultural tax parcels under the same ownership, only one residential unit assessment shall be levied, and it shall be levied against the parcel containing the building structure 5) SPECIAL ASSESSMENT TERMS As established by the City Council but typically: The term is determined by the amount of the assessment according to the tiered structures illustrated below. For residential projects where there are mixed residential land uses the single‐family rate will determine the term of the assessment. Residential Terms Term in Years (Max) Assessment Amount 5 $0‐$2,500 10 $2,501‐$5,000 15 $5,001‐$7,500 20 $7,501+ Front Foot Rate Terms Term in Years (Max) Front Foot Rate 5 $0‐$100 10 $101‐$200 15 $201‐$300 20 $301+ PROPOSED POLICY 6) DEFERMENT OF SPECIAL ASSESSMENTS – SENIOR CITIZENS, DISABLED AND MILITARY a) PURPOSE 1. The City Council finds that there is a need to establish a procedure permitting deferment of special assessments pursuant to Minn. Stat. §435.193‐435.195 in cases where payment thereof would create a hardship for qualifying homeowners. b) DEFINITIONS. 1. Permanent Total Disability. As defined by Minnesota Statutes 176.101, Subd. 5. i) Hardship. A hardship exists when one of the following conditions exists: (1) Annual Household Income is less than Poverty Guidelines as established by the US Department of Health and Human Services. 2. Household Income. Household income includes the income of all owners of the property. i) Adjusted Gross Income as reported on the individual’s Federal income tax return is considered household income for City purposes. c) ELIGIBILITY 1. The property must be homesteaded 2. Annual household income is less than Poverty Guidelines as established by the US Department of Health and Human Services and one of the following criteria must be met: i) A person 65 years of age or older or retired by virtue of a permanent and total disability. ii) A person who is a member of the Minnesota National Guard or other military reserves who is ordered into active military service, as defined in Minn. Stat. §190.05, Subd. 5b or 5c, as stated in the person's military orders, for whom it would be a hardship to make the payments. d) APPLICATION PROCESS 1. Applications for deferment of a special assessment must be submitted on or before September 30 of each year in order to continue the deferment. 2. The Finance Director or designee is responsible for reviewing applications and providing to the City Council a list of applicants for approval or denial of deferments. e) EVIDENCE OF ELIBILITY 1. Senior Citizen i) Driver’s license or other valid ID. 2. Permanent Total Disability i) Letter of Determination. 3. Military. i) Military orders. 4. Income verification includes total Household Income, as evidenced by i) Adjusted gross income as reported on the applicant’s Federal income tax return f) APPEAL PROCESS 1. Homeowners may appeal the Denial of a deferment if written appeal is filed with the City Clerk within 30 days of receipt of the Denial. PROPOSED POLICY 2. Homeowners will be provided the opportunity to present their appeal to the City Council at the next regular City Council meeting. g) INTEREST 1. During the period of deferral, Simple interest will accrue for the term of the special assessment on any deferred principal at the rate established on the original special assessment. h) TERMINATION OF DEFERMENT The option to defer the payment of special assessments shall terminate and all amounts accumulated plus applicable interest shall become due upon the occurrence of any one of the following events: i) the death of the owner, provided that the spouse is otherwise not eligible for the benefits hereunder; ii) the sale, transfer, or subdivision of all or any part of the property; iii) loss of homestead status on the property; iv) property owner ceases to meet the requirements of Minnesota Statutes §190.05, Subd. 5b or 5c; v) if for any reason the City Council shall determine that here would be no hardship; vi) failure by the owner or a representative of the owner to file a renewal application prior to the September 30 deadline; vii) at the request of the property owner. If the deferment is terminated, the property owner must pay the deferment, including both principal and accrued interest, prior to December 1. If not paid, the amount will be certified with interest to the Dakota County Auditor to be collected with the subsequent year’s taxes. Effective date of this policy is as of January 1, 2018. The City will grandfather the property owners that were approved for the deferral program under the previous guidelines since 2017 and prior. Property owners applying for the 2018 street reconstruction project and beyond must meet the new criteria as established by this policy. PROPOSED POLICY