HomeMy WebLinkAboutItem 4
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: January 22, 2018
Subject: Special Assessment Policy Amendment
The purpose of this agenda item is to continue the discussion regarding the proposed changes to
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.
The City Council originally discussed this item at the July 24, 2017 council workshop. The Council
directed the staff to seek input from the Finance Committee regarding the impact on the
commercial properties. The Finance Committee discussed this item at their October 25, 2017
meeting.
Special Assessment Terms
As was presented in July 2017, staff continues to recommend establishing the term of the
assessment according to tiered structure based on the amount of the assessment as illustrated
below for residential properties:
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
For commercial properties, the Finance Committee recommended establishing the term based
on the term that was established for the residential property. For example, if the residential term
was established at ten years, commercial assessments would also have a ten-year term.
One additional provision that the Finance Committee recommended was a $50,000 threshold at
which a commercial property could request a 50% longer term. For example, if a commercial
property’s assessment was $55,000 and the term was established at 10 years (based on the
residential term), the commercial property owner could request that the term be extended from
10 years to 15 years.
Some additional staff recommendations after considering other factors:
1) If the aggregate assessments for a specific commercial business exceed $50,000, the
commercial property owner can request that the term of the assessments is extended by
50%;
2) An assessment term will not exceed 20 years, when considering any term extension
requests for commercial properties;
3) Commercial term extension requests must be in writing and received at or before the
public hearing held to adopt the special assessments.
These are general guidelines, but the City Council will continue to have the discretion to consider
extenuating circumstances when determining the appropriate assessment terms.
Deferment of Special Assessments
As previously discussed, 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 (including
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.
One point of clarification, if an existing deferral fails to meet the grandfathered criteria and the
assessment is then activated, staff recommends that future re-application for deferral would be
based on the new hardship requirements. Currently, there are 12 properties with hardship
deferrals.
The proposed policy has been reviewed by the City Attorney.
Recommendation
1. Establish a tiered structure for residential special assessments;
2. Commercial special assessments would be based on the term established for residential
(single-family) properties and may be eligible for an extension of term;
3. Update the deferral policy to:
a. Reflect current State Statutes (military);
b. Provide clarity in income requirements;
c. Grandfather existing property owners that have been approved for the deferral
program since 2017;
d. Require that future re-application for deferment for existing deferrals which have
failed the grandfathered criteria would be based on the new criteria;
4. Combine the special assessment policy, special assessment deferment policy and hardship
requirements into one policy under the Lakeville Policy Manual.
Council Direction
Staff is seeking Council direction on the policy changes presented. Staff anticipates having the
Council declare costs and set the assessment hearing for the 2018 projects at the March 19, 2018
council meeting; therefore, any changes to the Special Assessment Policy would need to be adopted
by the City Council on or before March 5, 2018.
Attachments:
1) Revised proposed special assessment policy (dated 2018-01-22).
2) July 24, 2017 Council Report which includes:
a. Original (current) special assessment policy
b. Original deferral policy – Res #92-142 – established income hardship
requirements
c. Proposed special assessment policy which includes the tiered structure and
eligibility requirements for deferral
PROPOSED – 2018.01.22
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 – 2018.01.22
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.
PROPOSED – 2018.01.22
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.
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:
a) Residential ‐ 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+
b) Commercial –
a. If the aggregate assessments for a specific commercial business exceed $50,000,
the commercial property owner can request that the term of the assessments is
extended by 50%.
b. An assessment term will not exceed 20 years, when considering any term
extension requests for commercial properties.
c. Commercial term extension requests must be in writing and received at or
before the public hearing held to adopt the special assessments.
PROPOSED – 2018.01.22
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
All the following criteria must be met in order to be eligible for deferment:
1. The property must be homesteaded.
2. The applicant must be the fee owner, contract vendee or trustee of the property.
3. The applicant must occupy the property as the applicant's principal place of residence.
4. 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. The applicant must apply for the initial deferment not later than 90 days after the
assessment is adopted by the City Council.
2. Applications for deferment of a special assessment must be submitted on or before
September 30 of each year in order to continue the deferment.
3. 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 Eligibility
1. Senior Citizen
i) Driver’s license or other valid ID.
2. Permanent Total Disability
i) Letter of Determination.
3. Military.
i) Military orders.
PROPOSED – 2018.01.22
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.
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
It shall be the duty of the applicant to notify the City Clerk of any change in the applicant’s
status that would affect eligibility for 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.
7) EFFECTIVE DATE
The 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. If an existing deferment fails to meet the grandfathered criteria and the assessment
is then activated, future re‐application for deferment would be based on the new requirements.
Property owners applying for the 2018 street reconstruction project and beyond must meet the
new criteria as established by this policy.
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
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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