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B. Assessment Practices and Deferring Road Projects CITY OF CHANHASSEN 7700 Market Boulevard PO Box 147 Chanhassen, MN 55317 Administration Phone: 952.227.1100 Fax: 952.227.1110 Building Inspections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone: 952.227.1160 Fax: 952.227.1170 Finance Phone: 952.227.1140 Fax: 952.227.1110 Park & Recreation Phone: 952.227.1120 Fax: 952.227.1110 Recreation Center 2310 Coulter Boulevard Phone: 952.227.1400 Fax: 952.227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952.227.1300 Fax: 952.227.1310 Senior Center Phone: 952.227.1125 Fax: 952.227.1110 Web Site www.ci.chanhassen.mn.us 6 - MEMORANDUM TO: Todd Gerhardt, City Manager '""~~ (0 Paul Oehme, Director of Public Works/City Engineer~) ( FROM: DATE: February 8, 2010 ~ SUBJ: Discuss Road Assessment Practices and the Effects of Deferring Road Construction Projects BACKGROUND Road Assessment Practices/Policy For the past six years staff, has annually proposed street improvement projects to keep the City street system in good repair. These projects consist of total replacement of the street (reconstruction) or resurfacing of the street (rehabilitation) along with miscellaneous curb repairs. The City's practice has been to assess 40% of the street improvement costs to the benefiting property owners that access the street proposed for improvements. From time to time it is advisable to review the assessment practice. Staff has received assessment information from other communities in the metro area. The assessment policies of these cities are far ranging on how the assessments are calculated. However, for Cities that assess for street reconstruction projects, the range of assessments for single-family homes (R-l) appears to be between $4,500 to $11,000 depending on the scope of the improvement. Some Cities assess for rehabilitation projects and others do not. For the Cities that do assess for street rehabilitations, it appears the assessments range between $800 to $2,000. The terms of the assessments for street improvements also varies between 8 and 15 years. Three basic criteria must be satisfied before a particular parcel can be assessed. The criteria are as follows: 1. The property must have received special benefit from the improvement. 2. The amount of the assessment must not exceed the special benefit. 3. The assessment must be uniform in relation to the same class of property within the assessment area. Staffhas obtained special benefit reports for reconstruction areas to determine what the special benefit is for the properties based on the proposed improvements. The ranges for these benefits to the single-family properties ranged from $6,000 to $8,000. Chanhassen is a Community for Life. Providing for Today and Planning for Tomorrow Todd Gerhardt Assessment Practices & Road Projects February 8, 2010 Page 2 Some Cities assess based on front footages or other forms of lot size assessments while a few Cities have a flat rate for assessments for single-family units. It appears the majority of Cities surveyed assess based on per unit bases which tends to be the easiest for property owners to understand. Some Cities surveyed assess for utility improvements while most cities tend to pay for these improvements out of the utility enterprise funds. Deferring Road Construction Projects For the past six years, the City has done a good job keeping the streets maintained and reconstructing streets that are in need of replacement based on recommendations by the Pavement Management Program. The City has taken on a preventative maintenance program which consists of sealcoating and cracksealing that will help extend the life of the roadway system. Due to funding constraints, road improvements project are sometimes considered to be delayed. This approach may be thought of as prudent in the short term but in the long term will only cost the City more. Keeping streets well maintained is considered an important function of City government. Well maintained streets are an asset for the community and help market the community to businesses and families that may be considering moving into the community. Well maintained streets are also a quality of life consideration. No one likes potholes, distressed pavement or crumbling streets that do not drain well in front of their homes. Deferring street projects only pushes back the inevitable project. When projects are deferred, they will cost potentially more in the future and have greater assessments to the property owner. Over the past 10 years, the annual rate of inflation for construction projects has been between 3% and 4%. Deferring projects also will push back other projects in the works and may delay the entire program. Delaying street projects also requires more time and money to be put towards patching the streets. Patching the streets is only a temporary fix and inevitably will require City crews to come back out regularly to keep fixing the problem. Typically the City will received complaints from property owners about the condition of the streets in these areas. Staff is planning to present some impact to the pavement condition of the streets ifprojects are deferred. Attachments: 1. Excerpts from the League of Minnesota Cities Special Assessment Guide 2. Special Benefit Consultation Reports 3. City of Edina Special Assessment Policies 4. Email Correspondence 5. Assessment Policy Survey Results - 2010 g:\eng\paul\memos\bkgd ws 020810 special assessments.doc 00 LEAGUE OF MINNESOTA CITIES GOVERNING & MANAGING INFORMATION Special Assessment Guide 515A 1 A.3 August 2008 I'HONE: (651) 281-J200 TOll FREE: (800) 925-1 J22 FAX; (651) 281-1299 WEB: WWW.LMC.ORG The League of Minnesota Cities provides this publication as a general informational memo. It is not intended to provide legal advice and should not be used as a substitute for competent legal guidance. Readers should consult with an attorney for advice concerning specific situations. 145 UNIVERSITY AVE. WEST ST. PAUL MN 55J03-2044 @ 2008 League of Minnesota Cities All rights reserved Acknowledgements The Special Assessment Guide presents information on a detailed statutory procedure and requires the work of many staff members to create a new revision. The League of Minnesota Cities acknowledges especially the work of its Research department staff attorneys Jeanette Behr and Edward Cadman for their work on this revision. The League of Minnesota Cities also acknowledges the following professionals for their contributions in producing this Special Assessment Guide: Lee Gustafson, Professional Engineer City Engineers Association of Minnesota St. Paul, Minnesota Corrine A. Heine, Attorney Kennedy & Graven, Chartered Minneapolis, Minnesota Julie Jeffrey-Schwartz, Certified General Appraiser President, Lake State Realty Services, Inc. White Bear Lake, Minnesota 2 LEAGUE OF MINNESOTA CITIES Acknowledgements............................................. ................................................................ .......................... 2 Special Assessment Guide.............................................................. ..................... ......................................... 5 I. What are special assessments? ....... .................................................................. ........................ .........5 A. What do special assessments pay for? ..........................................................................................6 B. The special benefit test.......... ...................... ........................................................... .......................6 C. Practical points to consider ................................................................................................. ..........8 D. Pros and cons of special assessments..........................................................................................10 E. Special assessment policies................................................................ ............................ ............. 11 F. Programs cities may finance with special assessments............................................................... 12 II. Synopsis of procedures ......................................... ..................................................................... ..... 15 A. Initiation of proceedings ........... ...................................................... ............................ ................ 15 B . Feasibility report.......... .......................................... ......... ................................. ........................... 17 C. Initial considerations.................................................... .......... ..................................................... 17 D. Prepare for the improvement hearing.......................................................................................... 19 E. Improvement hearing.............................. ................ .......... .......................................................... 20 F. Ordering the improvement .................................................................................. ........... ............. 20 G. Competitive bidding.......................... .......................................................................................... 21 H. Prepare the proposed assessment rolls ........................................................................................ 24 I. Prepare for the assessment hearing ............................................................................................. 24 1. Assessment hearing....... .............. ............................. ......................... ............... ............. ..............25 III. Challenges by property owners ............... ............................................................ ........................26 A. Objections................................................................................................................................... 26 B. Appeals to the district court ........................................................................................................26 IV. Levying and collecting assessments and interest ........................................................................ 27 A. Payment of assessments and interest .......................................................................................... 27 B. Postponed assessments.................... ....................................................................... .....................28 C. Deferred assessments................................ .................. ............................................ ....................29 D. Abandoned improvements .............................. .................................................................. .......... 31 V. Tax-exempt property.......... ........... ............................. ... ............. ..... ..... ....... ................. ........ ........ ...31 A. Other governmental lands ...........................................................................................................32 B. Collecting assessments from tax-exempt or railroad property.................................................... 32 VI. Corrections........................ .......................................................................................................... 33 A. Supplemental assessments.......................................................................................................... 33 B. Reassessments.... ..................... .................................................... ..................................... ........... 33 C. Reapportionment...... ..................................... ................................................................... ...........33 D. Tax-forfeited land returned to private ownership ....................................................................... 34 VII. Borrowing for special assessment purposes................................................................................ 34 A. Interest on improvement bonds ..................................................... ............ ..................................36 B. Interest on special assessments ............ .......................................................................................36 SPECIAL ASSESSMENT GUIDE 3 VIII. A. B. C. D. E. F. IX. 4 Charter cities...... ...~.............. ................................................................ ....................................... 36 Special benefit test................................................................................... ...................................36 Assessing unpaid charges... .................................................. ............................... ........................ 36 Voting requirements................................................................... ......................................... ........ 37 Notice of right to appeal.............. ............. .............. ....... .................................... ..........................37 Deferrals............................ ......................... ............ ............ ......................................................... 37 Day labor........... ............ ................. ........ ............................. ............ ... ........ ........ ....... .................. 37 Forms... ........................ ... .................... ................ .................................................... ......... ........... 37 LEAGUE OF MINNESOTA CITIES Special Assessment Guide Minn. Stat. ell. 429. Minnesota Statutes Chapter 429 (Chapter 429) gives cities authority to levy special assessments. Court decisions and attorney general opinions have added to the complexity of the issue. This Guide addresses the following: I. What are special assessments II. Synopsis of procedure III. Challenges by property owners IV. Levying and collecting assessments v. Tax-exempt and railroad property VI. Corrections VII. Borrowing for special assessment purposes VIII Charter cities IX. Forms I. What are special assessments? See Section VIII: Charter cities. Special assessments are a charge imposed on properties for a particular improvement that benefits the owners of those selected properties. The authority to use special assessments originates in the state constitution which allows the state legislature to give cities and other governmental units the authority "to levy and collect assessments for local improvements upon property benefited thereby." The legislature confers that authority to cities in Minnesota Statutes Chapter 429. A charter city may choose to use either Chapter 429 or provisions of the charter to assess for local improvements but even so state law requires that charter cities follow state law in certain steps of the proceedings, as discussed subsequently. To ensure full protection for property owners, state law and courts applying that law insist on strict compliance with complex procedural requirements. Because these requirements have legal implications, city councils should have the city attorney guide assessment proceedings. Special assessments have three distinct characteristics: . They are a levy a city uses to finance, or partially finance, a particular public improvement program. . The city levies the charge only against those particular parcels of property that receive some special benefit from the program. SPECIAL ASSESSMENT GUIDE 5 Buzick v. City of Blaine, 505 N.W.2d 51 (Minn. 1993). EHW Properties v. City of Eagan, (Minn. Ct. App. 1993). Schumacher v. City of Excelsior, 427 N.W.2d 235 (Minn. 1988). Tri-State Land Co. v. City of Shoreview, 290 N.W.2d 775 (Minn. 1980). 6 . The amount of the charge bears a direct relationship to the value of the benefits the property receives. A. What do special assessments pay for? Special assessments have a number of important uses: . The most typical use is to pay for infrastructure in undeveloped areas of a city, particularly when the city is converting new tracts ofland to urban or residential use. Special assessments frequently pay for opening and surfacing streets; installing utility lines and constructing curbs, gutters, and sidewalks. . Special assessments may partially underwrite the cost of major maintenance programs. Cities often finance large scale repairs and maintenance operations on streets, sidewalks, sewers, and similar facilities in part with special assessments. . Another use of special assessments is the redevelopment of existing neighborhoods. Cities use special assessments when areas age and the infrastructure needs updating. B. The special benefit test Special assessments reflect the influence of a specific local improvement on the value of selected property. No matter what method the city uses to establish the amount of the assessment, the real measure of benefit is the increase in the market value of the land because of the improvement. Under the special benefit test, special assessments are presumptively valid if . The land receives a special benefit from the improvement. . The assessment does not exceed the special benefit measured by the increase in market value due to the improvement. . The assessment is uniform as applied to the same class of property, in the assessed area. Because special assessments are appealable to district court, it is important that the city considers the benefit to the property as a result of the specific improvement. Councils often do this by retaining a qualified, licensed appraiser. At the hearings on the assessments the appraiser presents a written or oral report on the increase in market value as a result of the improvement. LEAGUE OF MINNESOTA CITIES Buettner v. City of St. Cloud, 277 N.W.2d 199 (Minn. 1979). Southview County Club. v. City of Inver Grove Heights, 263 NW. 2d 385 (Minn. 1978). Minn. Canst. art X, S I. Ewert v. City of Winthrop, 278 NW.2d 545 (Minn. 1979). Bisbee v. City ofFairmont, 593 NW.2d 714 (Minn. Ct. App. 1999). Quality Homes, Inc. v. Village of New Brighton, 289 Minn. 274, 193 N.W.2d 555 (1971). Anderson v. City of Bemidji, 295 N.W.2d 555 (Minn. 1980). Village of Edina v. Joseph, 264 Minn. 84, 119 N.W.2d 809 (Minn. 1962). Roberts 1'. City ofOystal Lake, 2003 WL 22481335, A03-172 (Minn. Ct App. Nov. 4, 2(03). Allen v. City of Minneapolis, 2003 WL 1962012, CI-02-l506 (Minn. et App. April 23,2(03). !iaverberg v. Cit;v of Madison, 2003 WI. 178797. C8-02-l146 (Minn. Ct App. Jan. 28.2003). SPECIAL ASSESSMENT GUIDE A special assessment that exceeds the special benefit is a taking of property without fair compensation and violates both the Fourteenth Amendment of the United States Constitution and the Minnesota Constitution. Property assessed must enjoy a corresponding benefit from the local improvement. This is a different concept than property tax valuation. The Minnesota Constitution states: "The Legislature may authorize municipal corporations to levy and collect assessments for local improvements upon property benefited thereby without regard to cash valuation." As the courts have made clear, the special benefit is the increase in market value of the land as a result of the improvement. If a city's assessment is challenged in district court, the assessment roD constitutes prima facie (or initial) proof that an assessment does not exceed the special benefit. The party contesting the assessment must introduce evidence sufficient to overcome that presumption. If the evidence as to the special benefit is conflicting it is the responsibility of the district court to determine whether the assessment exceeds the market value increase and, if so, by what amount. For this reason, the city's assessment method should approximate market analysis. A formula that does not consider an analysis of the increase in market value of each parcel may be invalid. For instance, a method using only front-footage in calculating assessments for street improvement projects based on costs of street improvement projects from previous years has been found arbitrary and invalid on its face. Courts often uphold special assessments based on evidence from the city's qualified and licensed appraiser that the special benefit did not exceed the increase in market value as a result of the improvement. 7 See Eagle Creek Townhomes v. City of Shako pee, 614 N.W.2d 246 (Minn. Ct. ApI'. 2000); Shorma Family Trust v. Maine Township, 2002 WL 555323, C9-01-1548 (Minn. Ct. App. April16, 20(2); Belanger v. City of Long Lake, 2000 WL 563896, CI-99-1347 (Minn. Ct. App. May 9, 2(00);Reiling v. City (if Lino Lakes 2000 WL 369384, C7- 99-1594 (Minn Ct. App. Apr. 11, 2(00); Anderson v. City ofBI!(falo, 2000 WL 31791, C7-99-641 (Minn. Ct. API'. Jan. 18,2000); Rohling 1'. Ci(F of Champlin, 1999 WL 71484, C3-98-1209 (Minn. Ct. API'. Feb. 16, 1999) (unpublished decision); Guttard v. City of Lake Park, 1997 WL 457453, C8-97-207 (Minn. Ct. App. Aug 12, ] 997); In re Appeal by Eastside Development, C4-0 1- 582; C6-01-583 2001 WL 1035280 (Minn. Ct. App 20(1)(unpuhlished decision). In re Appeal by Eastside Development, 2001 WL 1035280, C4-0 1-582 (Minn. Ct. App. Sept. ll, 2001). Blomquist 1'. City of Eagan, 2001 WI. 436187, C2-00-1591 (Minn Ct. App. May 1,2(01). JohnsonI'. C10'qfEagan,584 N.W.2d 770 (Minn. 1998). In re Village of Burnsville, 310 Minn. 32,245 N. W.2d 445 (1976). Nordgren v. City of Maplewood 326 NW.2d 640 (Minn. 1982). Minn. Stat. S 444.075. Smith v. Spring Lake Township, 2001 WL 1464455, CO-01-370 (Minn. Ct. ApI'. Nov. 20,2001). 8 However, in recent unpublished opinions, the appellate courts have routinely upheld decisions that went against the city because the district court found a lack of adequate evidence of a market value increase equal to or exceeding the amount of the special assessment. Especially with regard to street improvements, it may be very difficult to demonstrate that there is any significant increase in market value as a result of the resurfacing or reconstruction. When a court disallows a portion of an assessment because it was in excess of the benefit to the specific property, the city may not try to recoup the disallowed amount through another method-such as by imposing a charge for a utility line on only that property and not on the other properties involved in the assessment. When the cost of an improvement exceeds the benefit, the difference must not be borne by a particular property, but instead by the city as a whole. The Minnesota Supreme Court has held that connection charges, based on a different state law, are not assessments and may be imposed on top of prior assessments. One unpublished Court of Appeals decision, however, held that the cost of the connection charges should be included with the amount of special assessments in determining the special benefit to the property . C. Practical points to consider The following three strategies helps avoid the problem of proceeding on estimates that do not equal actual revenue: LEAGUE OF MINNESOTA CITIES 2008 Minn. Laws eh. 207 * 4 amending Minn. Stat. * 471345. Minn. Stat. * 429.041, subd.l. See Section IIA2: By council. SPECIAL ASSESSMENT GUIDE 1. Coordinating procedures Chapter 429 allows coordinating the special assessment process with the competitive bidding process - and may protect the city from successful appeals and ensuing budget shortfalls. The city may determine the assessment amount and prepare the assessment roll before work on the local improvement even begins. Effective Aug. 1, 2008, the competitive bidding threshold for all cities, regardless of size, is $100,000. However, this new higher bid trigger does not apply to local improvement projects under Chapter 429 because the law governing local improvement contracts was not changed. Thus, such projects must still be bid if the estimated cost exceeds $50,000. If needed, the city may advertise for bids and allow sufficient time after the bid closing date to permit the city to prepare the assessment roll based on the lowest responsible bid the city receives and to hold the assessment hearing (the second hearing) based on that low bid. The city then proceeds with the actual work of the project after certification of the assessment roll and the 30-day appeal period is over. Using this coordinated procedure means the city knows both important numbers up front -- how much money will be available through special assessments and the cost of the local improvement. Because the time for appeals is over before the contract is issued, the city will not need to cover potential budget shortfalls that may occur if a property owner successfully challenges a special assessment or the lowest bid comes in higher than expected. This Guide and the forms attached track this coordinated procedural format. For larger projects in particular, city councils should seriously consider having provisions in the specifications that give the city more time to accept or reject bids. Either the city can make the improvement contract conditional on the absence of objections filed within 30 days after the assessment hearing, or the city may specify (in the bid documents, or specifications) that the improvement work will not begin until 90 days after the city receives bids. Under both strategies, the council would not enter into a binding contract, nor would any improvement work start until after the improvement and assessment hearings and the time for appeals elapses. 2. Specially assessing less of the cost The city can also avoid appeals by paying a substantial portion of the cost of all improvements out of general funds. The larger the portion of cost the city assumes, the less the chances that any individual assessment would exceed the benefit from the improvement as measured by the increase in market value. Indeed, the council can proceed with the proposed assessment based on estimates -- and plan to use monies from a reserve fund from general taxes and other uncommitted sources of revenue making up any difference between the assessments and the project cost. 9 Ruzic v. City afEden Prairie, 479 NW.2d 417 (Minn. Ct. App. 1991). Minn. Stat. S 429.081 Minn. Stat. * 462.3531. See Form 2. 3. Waivers The council might obtain, under certain circumstances, waivers of rights to appeal before entering into the contract and ordering the improvement. Any waiver of rights is effective only for the amount of assessment agreed on by the city and property owners or developers. An effective waiver of rights of appeal is essentially a contract and may contain additional conditions providing for the increases in assessments that will not be subject to appeal; consult the city attorney for specific advice on effective waivers. D. Pros and cons of special assessments Following is a summary of the advantages and disadvantages of special assessment financing. The council can avoid many of the disadvantages with adequate plans and a long-range capital improvement program. Advantages of special assessment financing include: . Special assessments are generally a dependable source of revenue. · Special assessments are a means of raising money outside city debt and general property taxes. (Special assessment bonds do not count toward statutory debt limitations.) . Special assessments provide a means of levying charges for public services against property otherwise exempt from taxation. . Special assessments lower the cost to the community of bringing undeveloped land into urban use. · Charging the property owner for the benefit received prevents or minimizes the possibility that a property owner will reap a financial profit from the improvement at the expense of the general taxpayer. Disadvantages of special assessment financing include: · The difficulty and expense in establishing the special benefit to the property . · The difficulties in special assessment administration. The administrative procedures require careful execution in order to avoid litigation. · Cities have at times used special assessments to pay for premature public improvements. Because the city generally bears some of the cost of every public improvement, land speculators sometimes urge councils to do unjustifiable special assessment programs. . The availability of special assessment financing often tempts city officials to underwrite the cost of governmental programs that should be an obligation of the entire city. 10 LEAGUE OF MlNNESOT A CITIES See Section IB: The special benefit test. SPECIAL ASSESSMENT GUIDE . Unless special assessments conform to a city's long-term financial and capital improvement plans, they can subject a city to two serious financial dangers. First, if a city frequently undertakes special assessment bond issues backed by the full faith and credit of a city in an unplanned manner, city credit might be overextended. This leads to higher interest charges on all city and school district borrowing and increases the possibility of default. Second, placing too heavy a burden on individual property owners (with special assessments and regular property taxes) runs the risk of increasing tax delinquencies and potentially jeopardizes a city's credit and borrowing position. . From the council's point of view, the public's reaction to a proposed special assessment might be the most important determinative factor. While taxpayer resistance is usually minimal, this is not true in every instance. Special assessment programs receive much greater public support if the council adequately informs people of its intentions to make the improvement, the benefit the improvements will provide, and the necessary financial demands. E. Special assessment policies Some cities have attempted to minimize the controversy over special assessment financing by adopting a special assessment policy (not an ordinance). Whatever the policy provides it must adhere to the rule that the amount of a special assessment cannot exceed the special benefit to the property as measured by increase in market value due to the improvement. With frequent turnover on the council a policy may increase consistency in the use of financing improvements with special assessments. Justifying council decisions in a particular case may also be easier with a policy in place. An updated and current special assessment policy may also facilitate the development of a long-range capital program for public improvements. A policy should reflect basic procedural decisions on financing local improvements -- decisions that the council must think through carefully, taking into account past practice, equity, revenue productivity, political acceptability, and the rest of the city's revenue system. Practically speaking, many city special assessment policies provide procedures for city-specific issues, such assessing oddly shaped lots, corner lots, lots with septic systems and what method of assessment the city uses. (E.g. inc1udingbut not limited to the area method of assessment, unit method or a per lot assessment). Cities may wish to work with citizens, appraisers, an attorney and city engineers to develop a special assessment policy that fits the unique needs of their city. 11 Minn. Stat ~ 429.021. Minn. Stat S 429021, subd. 1 (1). Minn. Stat. S 429.021, subd. 1(2). Minn. Stat. S 429.021, subd 1(3). Minn. Stat S 429.021, subd. 1(4). Minn. Stal. S 429.021, subd. 1(5). See also Minn. Stat. S 444.075. See A.G. Op. 387-B-10 (Mar. 8, 1993). Minn. Stat. S 429091, subd. 7a. Minn. Stat. S 429.021, sub<!. 1(6). Minn. Stat. S 429.021, subd 1(7). Minn. Stat. S 429.021, subd 1(8). Minn. Stat. S 429.021, subd. 1(9). Minn. Stat S 429.021, subd. 1(10) 12 F. Programs cities may finance with special assessments Generally, cities use special assessments to at least partially finance a variety of public improvements. Cities may also use special assessments to collect certain unpaid service charges, discussed in the next section. 1. Local improvements Cities are statutorily authorized to finance the following public improvements at least partially through special assessments: Streets, sidewalks, alleys, curbs and gutters: Acquiring, opening, and widening streets and alleys; constructing, reconstructing, and maintaining sidewalks, streets, gutters, curbs, and vehicle parking strips. (These projects may include charges for beautification, storm sewers, or other street drainage systems, and installation of connections from utilities to curb lines.) Storm and sanitary sewer systems: Acquisition, development, construction, reconstruction, extension, and maintenance of storm and sanitary sewer systems including outlets, treatment plants, pumps, lift stations, and storm water holding areas and ponds. Steam heating mains: Construction, reconstruction, extension, and maintenance. Street lighting systems: Installation, replacement, extension, and maintenance. Waterworks systems: Construction, reconstruction, extension, and maintenance. (This includes all appurtenances of a waterworks system, even the treatment plant.) Special assessments may also pay for the infrastructure necessary to maintain water, sewer, and storm sewer systems; and for the payment of any obligations issued to pay the costs of the waterworks facilities and systems or to refund bonds issued for those purposes. Parks, playgrounds, and recreational facilities: To acquire, improve and equip parks, open space areas, playgrounds, and recreational facilities within or without the corporate limits. Street trees: Planting, trimming, care, and removal. Abating nuisances: Includes, but not limited to, draining and filling swamps, marshes, and ponds on public or private property. Dikes and other flood control works: Construction, reconstruction, extension, and maintenance. Retaining and area walls, including highway noise barriers: Construction, reconstruction, extension, and maintenance. LEAGUE OF MINNESOTA CITIES Minn. Stat. ~ 429.021, subd. 1(11).; See also, Minn. Stat. S 429.031, subd. 3. Minn Stat. S 429.021, subd. 1(12). Minn. Stat. * 429.021, subd. 1(13). Minn. Stat S 429.021, suM 1(14). Minn. Slat. S 429.021, subd. I( (5); See also, Minn. Stat. S 429.031, subd. 3. Minn. Stat. * 429.021, subd.l(l(j). Minn. Stat. * 429.021, subd. 1(17). Minn. Stat. ~ 429.021, suM 1(18). Minn. Slat. S 429.021, subd. 1(19). Minn. Stat S 429.021, subd. 1 (20). Minn. Stat. ~ 429.031, suM 3. Minn. Stat S 459.14 SPECIAL ASSESSMENT GUIDE Pedestrian skyway systems: Construction, reconstruction, maintenance, and promotion of bridges, overpasses, hallways, plazas, elevators, and escalators on public or private property. A petition for a pedestrian skyway system must meet unique statutory requirements. Underground pedestrian concourses: Construction, reconstruction, maintenance, and promotion of tunnels, arcades, plazas, elevators, and escalators. Malls: Acquisition, construction, improvement, alteration, extension, operation, maintenance, and promotion of public malls, plazas or courtyards. District heating systems: Construction, reconstruction, extension, and maintenance of district heating systems. Fire protection systems: Construction in existing buildings upon petition of owners. A petition for a fire protection system, on public or private property, must meet unique statutory requirements. Highway sound barriers: Acquisition, construction, reconstruction, improvement, alteration, extension, and maintenance of highway sound barriers. Gas and electric distribution facilities: Improvement, construction, reconstruction, extension, and maintenance of gas and electric distribution facilities owned by a municipal gas or electric utility. Markers relating to 911 services: Purchase, installation, and maintenance of signs, posts, and other address markers related to the operation of enhanced 911 services. Internet access: Improvements, construction, extension, and maintenance of facilities for Internet access, and other communication purposes, if the council finds that the facilities: · Are necessary to make Internet access (or other communications services) available that are not and will not be available through other providers or the private market in the reasonably foreseeable future · Provide services that will not compete with service provided by private entities. Burying overhead utility lines within the public right-of-way: Cities can only finance the burying of overhead utility lines with special assessments in response to a petition from all the abutting landowners. In addition, burying the lines in the public right of way must exceed the utility's design and construction standards, or those set by law, tariff, or franchise. In that situation all or a portion of the costs associated with burying the lines, or altering a new or existing distribution system, can be specially assessed as agreed to with an electric utility, telecommunications carrier, or cable system. Parking facilities: Acquisition and construction. 13 PAToCHINMESSNER '&DODD " ." ", - · VALUATION COUNSELORS . '-";."'. December Jli 2007 City ofChanhassen ,,' c/o Campbell KnLitson,P.A. '317 EagandaleOffice Center 1380 Corporate C~nter Curve " Eagan, MN 5512J ATTN:' Mr. Thomas M. Scott 'RE: specialBenefit Consultation ' I-aredo Drive Area Street Reconstruction Project Cbarihassen, - M i n nesota , Dear Mr. Scott: At your request, we have investigated and analyzed'probahle special' benefit to be 'derived, from, the above-referenced street ", i niprovement project. "I ncl udedi n' the city improvement project is'the reconstruction of bitumi nous surfa<;:edstreetsto city standard street design ,with improvements to the storm sewer,andreplacement ofwate~main and sanitary sewer laterals and serVices as needed. ' , . ' ", " ~ , The purpose ,of this consultatiQn is to provide a' typical' range of'spedal bene'fit anticipatedfor , single~familyresidential' properties,an18~unitapartment property, two commercial" . properties, and thre~ institl.ltional properties in the proposed project area. The Junction of, ' thisanalysisisto provide guidance to theCityof'Chanhassenin assessing the feasibility of the Laredo Drive Area street reconstruction project. ' ' , , This real estate consultation is intended to comply with Standards 4 and Sof the Uniform' Standards of ProfessiOnal Appraisal' Practice" (USPAP). . ,In estimating anticipated special benefit to properties in the ~projectarea, individual single-family residentesor,commercial and publicproperties in the area' have not specifically beenapprais'ed; Rather,thisanalysis 'attempts to quantify probable special benefit directly/whiCh can then be applied to typical ' properties within the Laredo Drive reconstruction project area. " , B,aseclon the data and analyses as sLlmmarizea)n' tbeattached reportias~elLasadditionaI information and documentationretained"intheappraisers' files, itisanticipatedthat sing'le- family residential properties benefiting from the prQposed improvement project will be " enhanced in yalue byapproximateIY.$7;SOO to $8,000 per assessable unit/lot, while noh- single-family, residential properties win benefit as tollows: , II Property 18-Unit Apartment Building . . Retail Center Bank Post Office Fire Station Elementary School Anticipated Range of Benefit $26,000 to $29,000 $20,000 to $22,000 $16,000to $18,000 $ 4,DOOto$ 5,000 $11,000 to $13,000 $67,000 to $72,000 This consultation. hasA been made in conformity with accepted profes$ional, ethical and performance standards of real estate appraisal. practice... The "Contingent arid Limiting . Conditions" section of this report should be thoroughly read and understood before relying . on any information or analysis presented herein. Thank you for allowing our firmto be of assistance in this matter. If you have any questions after reading this report, feel free to contact us at your convenience. Respectfully submitted, PATCHIN MESSNER AND. DODD C~W5 Joshua D. Kelly. .. . Minnesota Trainee Real Property Appraiser License 20549872 ~~~~ . ~a~tn L.Messn~r! MAl.. . MmnesotaCertlfled General Real Property Appraiser License 4000836 PATCHIN MESSNER & DODD I' I. I" I I ,c. I I I' ' I I' I I I I I I. f .- . . '". . . , ' , ",'PATCHIN,MESSNER.&DoDD VALUATION COUNSELORS, .-c.;......:-. January 18,,2006' City of Chanhassep . 'c/o: Campbell Knutson, P.A. 317 EagandaleOffiCe Center 1380 Corporate Center ,Curve Eagan,MN 55121 A TTN: Mr. Thomas M. Scott RE: Special BeneritConsultation Koehnen Area. . .' ." . Street Reconstn.lction Project Chanhasseni~Mjnnesota . Dear Mr. Scott: . . ' At your request, we have investigated and analyzed probable special benefit to be derived from the above-referenced street improvement project.lndudedin theeity improvement project is the reconstruction of bituminous surfaced streetS with concrete curb arid gutter, stormsewer, sanitarysewera.ndwater main services.' '. The purpose of this consultationisio provide a typical range of special benefit anticipated for , single-family'residentiaLproperties in thepfoposed project area. Jhe'function ofthisanalysis is to provide guidance to the City of Chanhasseninassessingthe feasibility of the Koebnen 'Area street reconstruction project. ' . This real estate consultation is intended to comply with Standards 4 and 5 oLtheUniform Standards of Professional Appraisal Practice(USPAP).lrLestimatingantidpated'special benefit to properties in the project area;individLial single-family residences or lots in the area have not specifically been appraised. Rather, this analysis, attempts to quantify probable specialbenefitdirectly,whic:hcanthenbe applied to typical residential properties within the Koehnen street recoristructicmpr()jectarea. . , . Based on the data and analyses as summarized in the attached report, as well'. as,addition~1 . information .anddocumentation retained' in. the appraisers' files; it is anticipated that properties benefiting from the proposed improvement project will be enhanced in value by approximately$6,500to $7,500perassessable unit/lot. . ..,..;..---- I, l . . Sunset Ponds OfficePar~)' 13967.West Preserve BouleVard · Burnsville, MN 55337 Phone: (952)895-.1205 FClX: (9?2)'895~1521 I I I I I I I I I I I I I I I I ! I I, II , ' This cOl1sultation has been made ,in ~onformity with accepted professional, ethical -and . perfon'nance, standards of real ~estate -appraisaL practice. The "Contingent "and limiting , Conditions" section -of this<reportshouldbethoroughlyread and understood before relying on any 'i nformaHon or analysis presented herein, " , Thariky6u for allowing our firm to be of assistance in this matter. If you haveany questions 'afterreading this report, feel free to contact us at your convenience. ' RespectfuUy su~mitted, PATCHIN MESSNER AND DODD JJtJ~ Sherrill. Brumm Minnesota Certified General Real Property Appraiser License 20249948 - '~ ~ ' -- ., .' - '.- , : '. '. ' . . . . . , , ..- . : - " .............~d...~ jasn LMessner, MAl ... .. . Minnesota Certified General Real Property , , Appraiser License 4000836 , PATCHIN MESSNER & DODD VALUATION COUNSELORS May 7, 2004 City of Chanhassen do: Campbell Knutson, P.A. 31 7 Eagandale Office Center 1380 Corporate Center Curve Eagan, MN 55121 A TTN: Mr. Thomas M. Scott RE: Special Benefit Consultation Santa Fe and Del Rio Area Street Reconstruction Project Chanhassen, Minnesota Dear Mr. Scott: At your request, we have investigated and analyzed probable special benefit to be derived from the above-referenced street improvement project. Included in the city improvement project is the reconstruction of bituminous surfaced streets with concrete curb and gutter, storm sewer, sidewalk on one side of Santa Fe Trail and Del Rio Drive, sanitary sewer and water main services. The purpose of this consultation is to provide a typical range of special benefit anticipated for single-family residential properties in the proposed project area. The function of this analysis is to provide guidance to the city of Chanhassen in assessing the feasibility of the Santa Fe and Del Rio Area street reconstruction project. This real estate consultation is intended to comply with Standards 4 and 5 of the Uniform Standards of Professional Appraisal Practice (USPAP). In estimating anticipated special benefit to properties in the project area, individual single-family residences or lots in the area have not specifically been appraised. Rather, this analysis attempts to quantify probable special benefit directly, which can then be applied to typical residential properties within the Santa Fe and Del Rio street reconstruction project area. Based on the data and analysis as summarized in the attached report, as well as additional information and documentation retained in the files, properties benefiting from the proposed improvement project will be enhanced in value by approximately $6,000 to $7,0.00 per assessable unit/lot. Skyline Square Building, Suite 220 · 12940 Harriet Avenue South · Burnsville, MN 55337 Phone: (952) 895-1205 Fax: (952) 895-1521 II This consultation has been made in conformity with accepted professional, ethical and performance standards of real estate appraisal practice. The "Contingent and Limiting Conditions" section of this report should be thoroughly read and understood before relying on any information or analysis presented herein. The undersigned appraisers hereby certify that sufficient information believed to indicate enhancement in value has been investigated, and that to the best of our knowledge and beliefs, the statements contained in this consultation, and the opinions expressed herein are correct, subject to the limiting conditions herein set forth. If you have any questions or comments after reading the report, please contact the firm. Respectfully submitted, PATCHIN MESSNER AND DODD N~~ Sherril L. Brumm Minnesota Registered Real Property Appraiser License 20249948 .~~ Jason L. Messner, MAl Minnesota Certified General License Appraiser License 4000836 PATCHIN MESSNER & DODD SPECIAL ASSESSMENT POLICY The Special Assessment Policy was approved in August 2005. Elements of the Special Assessment Policy include: . The assessable unit for non-State Aid street projects will be the residential equivalent unit (REU) of a lot, rather than the front footage of the property. . If a corner lot is subject to multiple street reconstruction assessments over a period of years, the total assessable cost will be the equivalent of one REU. . Assessments must be equitable to all homes that are being assessed. . The term of residential roadway assessments will continue to be 10 years. . The interest rate of the assessment will be pegged to assessment bonds that have been issued in the past 12 months or the 10-year Aaa bond rate plus 2 percentage points. . The City will accept both partial pre-payments and full pre-payments on assessments before certifying the assessment to the tax rolls. For ease of administration, a minimum of 25 percent of the assessable cost must be applied for a partial payment. . Assessments will be calculated on a declining payment schedule because it is cheaper than a "mortgage style" amortized schedule. In addition, elements of the Senior Deferral Program have changed for equity and fairness. The new policy will not be retroactive to projects that have already been assessed. You'll need version 3.01 or later of Adobe Acrobat Reader™ to view and print the Police. S.p-ecial As.s.e~Jr)ent Policy- Municip-gl~gte AlQ Assessment Policy- Download the Special Assessment Policy. Download the Municipal State Aid Assessment Policy. C~~ ~/6 z~"""- ;)40 Approved by Council 8/16/05 Special Assessment Policy Proposal August 16,2005 1. Cost of Non-State Aid Residential Street Curb and Gutter will be financed by the Stormwater Utility Fund. For the 2004-2005 assessment projects, this will require an increase in Storm water rates of approximately $2.00 per household per quarter. Rationale - The curb and gutter system is an above-the-ground water drainage system that controls storm water within the City. Staff feels very strongly about the addition of curb and gutter in the City where it does not exist today. It is very important in areas of poor soil condition, steep grade changes or very flat conditions. It also decreases the degradation of the residential roadway system, reduces fall and spring street maintenance and aids in street cleaning and snow plowing. Projects to be reimbursed by proposed change (to be assessed Oct. 2005): Halifax & Grimes - $137,000 (approx 24% of street costs) Shannon Dr. - $18,000 (100% of assessable costs) Sunnyslope - $40,000 (6% of assessable costs) Bridge Lane - $10,000 (9% of assessable costs) Schaefer Circle - $14,000 (petition requesting C&G only if policy is approved) Total $ 219,000 Curb and Gutter Cost Projections for Future Year Assessment Projects: Estimated cost for 2006 - $441,000 (+2.14 per household per quarter) Estimated cost for 2007 - $621,000 (+ 1.56/per household per quarter) Attachment: Survey of Stormwater Utility Rates 2005 Note: Stormwater rates will need approximately a $1.50 - $2.00 per quarter increase to cover the cost of proj ects occurring independent of this policy. If adopted, staff will be proposing a $4.00 per household per quarter increase this fall. 2. Street Reconstruction Cost (excluding curb and gutter) should be assessed at 100% of the cost. Rationale - Based on an appraisal study conducted by the Valuation Group, the consultants indicated that the market value benefit of the street improvements equates to the cost of the improvements being done. Assuming Council agrees with the financing of curb and gutter improvements, the risk of losing an assessment challenge by a resident or neighborhood is diminished due to the extensive study that was conducted and the subsidy of the curb and Page 1 of 5 gutter cost. In most projects, the street reconstruction cost represents only a percentage of the entire project costs. Most projects include other storm water improvements as well as sanitary sewer and water system improvements. The table below shows the total and assessable costs of projects that will be assessed this fall or next year depending on construction completion. Cost of All Curb & Assessable % Proiect Improvements Gutter Cost Assessable Halifax & Grimes $ 888,900 $ 137,000 $ 420,000 47% So. Harriet Park $ 1,029,872 $ - $ 588,000 57% Sunnyslope $ 1,028,218 $ 40,000 $ 663,000 64% Schaefer Rd. $ 264,290 $ - $ 195,000 74% Shannon Dr. $ 168,719 $ 18,000 $ - 0% Bridoe Lane $ 106,601 $ 9,975 $ 97,000 91% 3. The assessable unit for non-state aid residential street projects should be the residential equivalent unit (Lot) rather than the front footage of the lot. Rationale - Trips generated for residential lots are the same regardless of the size of the lot. A resident on a comer lot, cul-de-sac or circular street does not use the roads differently than a mid-block resident on the same street. 4. If a corner lot is subject to multiple street reconstruction assessments over a period of years, the total assessable cost should be the equivalent to 1 residential equivalent unit. Rationale - Current policy allows the assessment of the front of a comer lot to be assessed at one R.E.V. and the side lot for another assessment project to be assessed at 1/3 of an R.E.V. Staff believes that the total of both assessments should not exceed one R.E.V. so that lots are equitably assessed over the City. A comer lot does not generate more trips onto the residential roadway system than a non-comer lot. 5. Multiple Assessments cannot be treated differently than areas with one assessment being incurred. Rationale - Assessments must be equitable to all homes that are being assessed. This issue was driven by the potential of a portion of the Country Club being assessed for sound walls and residential road reconstruction. If and when the Country Club area gets assessed for street improvements, you have the option to re-assess the sound wall improvement to a longer term. By re-assessing, the Council opens the assessment up to a potential challenge. If a challenge was raised, you could leave the sound wall assessment at the current term of 15 years and decide not to re-assess. Page 2 of 5 6. The term of residential roadway reconstruction assessments should stay at 10 years. Rationale - There was some discussion of extending the term of residential roadway reconstruction to 15 years. While this would be legal, rating agencies prefer the term for residential assessments to match the term of the bonds. This would also increase the interest cost to the homeowner 7. Assessment Interest Rate - The interest rate of the assessment should be pegged to the assessment bonds that have been issued in the past 12 months or the 10 year Aaa bond rate plus 2%. Rationale - The City's assessments of the past number of years have been charged a fixed rate of 6.5%. The number and dollar amount of improvement projects have allowed the City to internally finance the capital cost of the improvements. With the amount of improvements occurring this year and in future years, the City has incorporated a public debt component to the special assessment process. The bonds are General Obligation (G.O.) debt that is used to pay the construction costs and are supported by the stream of assessment payments over the term ofthe bonds (10 years). Because the City is using G.O. public improvement bonds to finance the improvements, State law requires that the amount of assessments (or taxes) that come in each year must equal 105% of the debt service payment on the bonds for each year. In order to achieve the necessary 105%, the assessment interest rate needs to be pegged at the bond's interest rate plus 2% or approximately 5.9%. Some cities have a lower rate than this because they have taxes supporting the bonds or they internally finance their public improvements. Of the cities we studied, only one had a lower interest rate than the one staff is proposing. City Calculation Bond Rate + 2% Bond Rate + 1 % Prime Rate +.5% None None Index 3.92% 3.92% 6.25% Assessment Rate 5.92% 4.92% 6.75% 6.50% 6.00% Edina BloominQton Plvmouth Fridlev Maple Grove The excess dollars generated by the statutory 105% requirement is used to make up for cost of bond issuance, delinquencies and underpayments. 8. The City will accept both partial pre-payments and full pre-payments on assessments before going to the County for tax rolls. For ease of administration, a minimum of 25% of the assessable cost must be applied for a partial payment. Rationale - City past practice allowed only 100% pre-payment on assessments. Many residents have inquired in the past about partial pre-payments to reduce their annual tax bill. This will create some extra calculations, but this is a good public relations move with a minor increase in workload. The full and partial pre-payments can only occur after the assessment Page 3 of 5 hearing and before the certification to the County. This is gives the resident approximately 30 days to make the payment. Staff will make sure extra information is provided to the residents when they get their formal assessment notice information before the hearings. 9. Payment Schedule - Currently, assessments are calculated on a level principal payment schedule. This results in a declining payment schedule which is cheaper than a traditional amortized schedule which would have equal payments over the life of the assessment. Staff recommends that the declining balance schedule continue to be used because of the lower total cost. Rationale - See Level Principal Payments vs. Amortized Level Total Payments below: Level Principal Payments Levy: $12,000 Interest Rate: 6% Term: 10 vears Total Year Principal Interest Payment Balance 1 $ 1,200 $ 720 $ 1,920 $ 10,800 2 $ 1,200 $ 648 $ 1,848 $ 9,600 3 $ 1,200 $ 576 $ 1,776 $ 8,400 4 $ 1,200 $ 504 $ 1,704 $ 7,200 5 $ 1,200 $ 432 $ 1,632 $ 6,000 6 $ 1,200 $ 360 $ 1,560 $ 4,800 7 $ 1,200 $ 288 $ 1 ,488 $ 3,600 8 $ 1,200 $ 216 $ 1,416 $ 2,400 9 $ 1,200 $ 144 $ 1,344 $ 1,200 10 $ 1,200 $ 72 $ 1,272 $ - Total Cost: $15,960 Amortized Level Total Payment Levy: $12,000 Interest Rate: 6% Term: 10 years Total Year Princioal Interest Payment Balance 1 $910.42 $ 720 $1,630.42 11,089.58 2 $965.04 $ 665.38 $1,630.42 10,124.54 3 $1,022.94 $ 607.47 $1,630.42 9,101.60 4 $1,084.32 $ 546.10 $1,630.42 8,017.28 5 $1,149.38 $ 481.04 $1,630.42 6,867.90 6 $1,218.34 $ 412.07 $1,630.42 5,649.56 7 $1,291.44 $ 338.97 $1,630.42 4,358.12 8 $1,368.93 $ 261.49 $1,630.42 2,989.19 9 $1,451.06 $ 179.35 $1,630.42 1,538.13 10 $1,538.13 $ 92.29 $1,630.42 0.00 Total Cost: $16,304.15 Page 4 of5 Council could provide an option on more expensive projects to select an amortized level payment schedule, but this needs to be selected for the entire project. The amount of time provided to staff to certify the assessments to the County doesn't allow for mixing and matching of payment schedules for each assessment project. 10. The new policy will not be retroactive to projects that have already been assessed. Rationale: It would be very difficult to determine how many years to go back and re-assess projects that have been completed and already assessed. Looking back at projects that were assessed since 1999, most of the projects were assessed at a cost per lot of around $2,000 - $4,000 per lot. The 2004 Maple Rd.lWhite Oaks assessment cost $5,941 per lot. This year's projects have taken a substantial jump in total cost due to the need to reconstruct vs. reclaim the street pavement. Estimates for this year's project range from $7,200/10t for So. Harriet Park to $11,OOO/lot for Sunnyslope. As we forecast future street projects, our estimates indicate most will be in the $8,000 - $12,000 per lot range. Our research with other City's policies indicates that all cities made a clean break when beginning their new programs. A couple of elements of the Senior Deferral Program should change for equity and fairness. Rationale: a. The current interest rate for the deferral program is one percentage point higher than the standard assessment rate. This should be changed to reflect the new interest rate adopted in this policy (bond rate plus 2%) b. The current deferral policy requires that both spouses live in the residence. This should be changed to reflect situations that have one of the spouses residing in a facility that accommodates health care situations (i.e. assisted living centers, etc.) Some other administrative changes (application dates, etc.) would be made to the policy. If Council agrees with the changes to the Senior Deferral Program, Staff would prepare the appropriate resolution to bring back to Council for approval in September. Page 5 of 5 MUNICIPAL STATE AID SPECIAL ASSESSMENT POLICY CITY OF EDINA Municipal State Aid Special Assessment Policy December 5, 2006 (Adopted by City Council) PURPOSE: HISTORY: The City Council adopted a local roadway assessment policy in 2005. At that time the City Council requested that staff analyze our current practice of special assessments on Municipal State Aid Roadways. This report analyzes the existing practice of how the City applies special assessments for Municipal State Aid Roadway Reconstruction Projects and if this practice should be revised. The City of Edina currently has over 200 miles of roadways within our boundaries. 40 miles of these roadways are designated as Municipal State Aid (MSA) roadways. A MSA roadway is designated through the State of Minnesota under State Statute Chapter 162. Funds for the MSA system are appropriated from the State Gas Tax. The State of Minnesota through the Department of City of Edina Municipal State Aid Streets __ State Aid Streets N 'N~~" S I:I!JlltilllgD'pt Ftl;n;!EI(.2003 Municipal State Aid Special Assessment Policy December 5, 2006 Page 2 Transportation allocates funds and administers their requirements for the reconstruction of these designated roadways. The City of Edina is appropriated approximately 1.2 Million dollars per year to be used for reconstruction of MSA roadways. MSA roadways are typically functionally classified as collectors or above; meaning that these roadways carry more traffic than a local roadway would carry, see attached Existing Traffic Volumes. A typical residential local roadway carries around 1,000 vehicles per day or less. The City's designated MSA roadways are shown in the figure above. In 2005 the City Council adopted a local roadway assessment policy to cover the non-MSA roadways, see attached policy. This policy includes the following synopsis: 1. Curb and gutter costs to be funded through the Stormwater Utility Fund. 2. Street reconstruction cost to be assessed at 100% of the cost. 3. Assessable unit shall be residential equivalent unit (REU) rather than front footage of lot. 4. Multiple assessments should never be more than REU per lot. 5. Multiple assessments cannot be treated differently. 6. The term of the assessment should stay at 10 years. 7. Assessment interest rate should be 2% over a Aaa Bond rate. 8. Pre and partial payments shall be accepted on projects. 9. Payment schedule should remain at a level principal payment schedule. 10. The new policy shall not be retroactive. Reconstruction of MSA roadways have been special assessed in the past and have been assessed based on assessable front footage. Prior to 2004 the MSA special assessments were assessed at a set front footage rate of $20 per front foot for residential properties and $45 per front foot for commercial properties. The special assessment percentage of construction cost for these projects ranged from 21 to 24%, see chart below. %of Cost per Project From To MSA assessable Cost lineal foot Malonev Avenue Washinaton Avenue Blake Road 22% $ 20.00 West 66th Street TH100 Vallev View Road 21% $ 20.00 West 77th Street Pentaaon Park Parklawn Avenue 24% $ 45.00 Valley View Road West 65th Street Wooddale Avenue 20% $ 49.12 Wooddale Avenue Valley View Road West 56th Street 20% $ 32.90 West 58th Street Concord Avenue Wooddale Avenue 20% $ 67.91 Municipal State Aid Special Assessment Policy December 5, 2006 Page 3 POLICY BACKGROUND: The assessments shown above indicate that approximately 20% of the MSA construction cost has been specially assessed back to the adjoining property. If this amount is increased, the additional monies can be utilized for additional MSA roadway projects. The table below shows the increase in monies available over a five- year period (our typical length of the Capital Improvement Program) : Year Allocated Amount Additional Funds Generated per Assessed Amount 25% 30% 35% 40% 2007 $ 1,200,000 $ 60,000 $ 120,000 $ 180,000 $ 240,000 2008 $ 1,200,000 $ 60,000 $ 120,000 $ 180,000 $ 240,000 2009 $ 1,200,000 $ 60,000 $ 120,000 $ 180,000 $ 240,000 2010 $ 1,200,000 $ 60,000 $ 120,000 $ 180,000 $ 240,000 2011 $ 1,200,000 $ 60,000 $ 120,000 $ 180,000 $ 240,000 Total5-Year Extra Amount: $ 300,000 $ 600,000 $ 900,000 $ 1,200,000 Special assessments for MSA projects have been typically based on assessable front footage. Staff has analyzed using the REU methodology for assessing MSA projects. Example 1 includes a typical two-lane roadway that includes a small City Park. The City Park was analyzed for equivalent build-able lots versus activities of the park (the greater REU was assigned). Example 2 includes a typical two-lane roadway with a school campus along one side of the roadway. The school campus assessments were analyzed based on trips per day from the campus versus equivalent build- able lots. Example 3 includes both residential and a small segment of commercial. A typical 60-foot residential property is summarized below for both the existing practice of Assessable Front Footage analysis and proposed REU analysis: EXAMPLE COST PER % OF MSA COST Based on LN FT) 25% 30% 35% 40% $ 2,054.40 $ 2,464.80 $ 2,875.80 $ 3,286.80 $ 2,431.80 $ 2,918.40 $ 3,405.00 $ 3,891.60 $ 2,467.20 $ 2,961.00 $ 3,454.20 $ 3,948.00 1 2 3 *Note: Existing percentage. EXAMPLE COST PER % OF MSA COST Based on REU 25% 30%* 35% 40% $ 2,712.12 $ 3,254.55 $ 3,796.97 $ 4,339.39 $ 2,525.77 $ 3,030.92 $ 3,536.08 $ 4,041.23 $ 2,562.14 $ 3,031.36 $ 3,536.59 $ 4,041.82 20% 1 $ 2,169.70 2 $ 2,020.62 3 $ 2,020.91 *Note: Proposed Percentage. Municipal State Aid Special Assessment Policy December 5, 2006 Page 4 Example 4 includes only commercial, see attached preliminary assessment role. In Example 4 staff applied the Residential Equivalent Unit Summary for the different types of land uses, see below. Access to the site was also considered in applying REU's. Staff recommends that this methodoloov be evaluated for each individual proiect where commercial or other mixed-use developments exist. Current Land Use Class Residential - Sin Ie Famil Dwellin Residential - Two Family, Du lexes, Quads Residential - Apartments, Condominiums, Cooperatives, Nurseries, Convalescent Homes Industrial Office/Retail/Financial Institutions Public Buildin s - Cit Public Buildin s - Schools Churches Notes: 1. Per Unit 2. Per Gross Floor Area 1000 SF 3. All uses allowed in Planned Industrial Development (PID) except offices and retail. REU Notes 1.0 1 0.8 0.5 1 0.5 2,3 1.5 2 0.9 2 0.2 2 0.8 2 COST PER % OF MSA COST (USING LF & REU ANALYSIS) Type of Property 20% 25% 30% 35% 40% LF REU LF REU LF REU LF REU LF REU Commercial - ~50,000 SF Blda 14,050 39,070 17,560 48,840 21,080 58,610 24,600 68,370 28,110 78,140 Commercial - ~ 170,000 SF Blda 40,710 44,270 50,890 55,340 61,070 66,405 71,250 77,480 81,430 88,540 PROPOSED POLICY: In accordance with State Statute 429, the amount of an assessment levied on a property may not exceed the benefits received. A cost benefit analysis would show that a certain benefit is realized by properties adjacent to MSA roadways. However, it is understood that due to the character of MSA roadways, adjacent properties should not fund 100 percent of these improvements. Traffic on MSA roadways, where single family residential properties exist, typically have on an average of over three times the amount Average Daily Trips (ADT) than on a local roadway. The following is recommended to be included with this policy: 1. Cost of Municipal State Aid (MSA) Street Curb and Gutter will be financed by either MSA funds or by the Storm Water Utility Fund. Municipal State Aid Special Assessment Policy December 5, 2006 Page 5 2. Street Reconstruction Costs (excluding curb and gutter) on MSA streets should be assessed at 20 percent of the cost. 3. The assessable unit for Municipal State Aid street projects shall be based on the residential equivalent unit (REU) per Lot rather than the front footage of the lot. REUs will be prorated to parcels based on trip generation for the land uses relative to the typical single-family residential land use. Non-single family or other mixed-use developments should be evaluated for each project based on the following factors - trip generation of the site, access to the site, unique trip generation or other special circumstances. 4. If a corner lot is subject to multiple street reconstruction assessments over a period of years, the total assessable cost should be the equivalent to 1 residential equivalent unit. 5. Multiple Assessments cannot be treated differently than areas with one assessment being incurred. 6. The term of MSA roadway reconstruction assessments will be 10 years. 7. Assessment Interest Rate - The interest rate of the assessment should be pegged to the assessment bonds that have been issued in the past 12 months or the 10-year Aaa bond rate plus 2%. 8. The City will accept both partial pre-payments and full pre-payments on assessments before going to the County for tax rolls. For ease of administration, a minimum of 25% of the assessable cost must be applied for a partial payment. 9. Payment Schedule - Currently, assessments are calculated on a level principal payment schedule. This results in a declining payment schedule, which is cheaper than a traditional amortized schedule, which would have equal payments over the life of the assessment. Staff recommends that the declining balance schedule continue to be used because of the lower total cost. 10. The new policy will not be retroactive to projects that have already been assessed and/or where project assessments are pending. ATTACHMENTS: 1. Existing (1997) traffic volumes for Municipal State Aid Roadways. 2. Examples 1-4 of the preliminary assessment roles, which include the 20%, 25%, 30%, 35%, and 40% comparisons. 3. Current approved Local Special Assessment Policy 4. Current final assessment roles for local roadway projects. Oehme, Paul From: Sent: To: Subject: Oehme, Paul Monday, January 25, 2010 8:07 AM 'Randy Raddatz' RE: Street improvements, curb & gutter, and utility improvements in Minnewashta Heights Randy, We are still planning to make the improvements in this area the summer of 2012. Regards, Paul Oehme, P.E. Director of Public Works /City Engineer City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Ph. # 952-227-1169 email: poehme@cLchanhassen.mn.us From: Randy Raddatz [mailto:randyjcoach@yahoo.com] Sent: Sunday, January 24, 2010 3:36 PM To: Oehme, Paul Cc: Furlong, Tom Subject: Street improvements, curb & gutter, and utility improvements in Minnewashta Heights Good afternoon, Another year has passed, so I'm just checking to see if the street improvements described below are still scheduled to occur no later than 2012. Thanks, Randy Ra<;ldatz 6340 Elm Tree Avenue From: "Oehme, Paul" <poehme@ci.chanhassen.mn.us> To: "randyjcoach@yahoo.com" <randyjcoach@yahoo.com> Cc: "Furlong, Tom" <tfurlong@ci.chanhassen.mn.us> Sent: Mon, December 29,20088:19:44 AM Subject: RE: Re: Street improvements, curb & gutter in Minnewashta Heights Randy, We are still scheduling a street reconstruction in this area for 2012. 1 The City's assessment practice for street reconstruction is the benefiting property owners be assessed 40% ofthe street improvement cost. For residential areas the property owners are assessed equally. The amount of street frontage a property owners has does not figure into the assessment amount. The remainder ofthe street cost is paid by the City. All the utility improvement costs would be paid by the City. The utility improvements in this area would include sanitary sewer, watermain and storm sewer. Let me know if you have any additional questions. Sincerely, Paul Oehme, P .E. Director of Public Works /City Engineer City of Chanhasscn noo Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Ph. # 952-227-1169 From: Randy Raddatz [mailto:randyjcoach@yahoo.com] Sent: Friday, December 26, 2008 4:41 PM To: Oehme, Paul Cc: Furlong, Tom Subject: Fw: Re: Street improvements, curb & gutter in Minnewashta Heights Good afternoon, I would like to confirm that the street improvements schedule addressed in a series of e-mails a little more than a year ago (see below) is still in place, especially the following key items: 1. The City still has the streets from Greenbriar Avenue to Dogwood Avenue scheduled for reconstruction/curb & gutter no later than 2012 2. The City will pick up a major portion of the cost, with every homeowner being assessed equally for the remaining cost, regardless of the amount of street frontage each homeowner owns. I would appreciate your response to this e-mail. Thanks, Randy Raddatz 6340 Elm Tree Avenue --- On Tue, 11/20/07, Randy Raddatz <randyjcoach@yahoo.com>wrote: From: Randy Raddatz <randyjcoach@yahoo.com> Subject: Re: Street improvements, curb & gutter in Minnewashta Heights To: "Tom Furlong" <tfurlong@apexfsi.com> Date: Tuesday, November 20,2007,4:54 PM Yes, that is my understanding--thanks for the follow-up e-mail. ----- Original Message ---- From: Tom Furlong <tfurlong@apexfsi.com> To: Randy Raddatz <randyjcoach@yahoo.com> Cc: "Gerhardt, Todd" <TGerhardt@ci.chanhassen.mn.us> 2 Sent: Tuesday, November 20,20073:19:06 PM Subject: RE: Street improvements, curb & gutter in Minnewashta Heights Randy, Upon receiving your email this morning, I asked Paul Oehme to provide details of the city's current long-term schedule for our local street improvement projects, just so there is no misunderstanding. Paul's email is shown below. I believe this is consistent with the schedule you and I recently discussed. If you have further questions or comments, please do not hesitate to let me know. Best regards, Tom Furlong, Mayor City of Chanhassen (952) 238-1315 phone (952) 474-8891 home (612) 209-1152 cell tfurlong@ci.chanhassen.mn.us From: Oehme, Paul [mailto:poehme@ci.chanhassen.mn.us] Sent: Tuesday, November 20,20072:17 PM To: Tom Furlong Cc: Gerhardt, Todd Subject: Street Improvement program Tom, As we discussed, the older neighborhoods on the north side of Lake Minnewashta are scheduled to start having the streets reconstructed beginning in 2012. Since these neighborhoods are extensive and the project costs will be expensive three separate projects are proposed over several years. The first neighborhood proposed for reconstruction is the Minnewashta Heights neighborhood. The project area is generally from Greenbriar Ave. on the west to Dogwood Ave. on the east. In 2014 Cypress Drive and Dartmouth Dr. areas are planned for street replacement. The neighborhoods in Washta Bay and Orchard Lane are scheduled for replacement in 2016. All the watermain along with some of the sanitary sewer system is planned to be replaced with the projects. We are also planning to improve the drainage in the area with a new storm sewer system along with some water quality improvements. As you are aware the Laredo Drive area is scheduled for reconstruction in 2008. In 2009 a street mill and overlay project is scheduled for Santa Vera Drive area and other streets in the Kerber Blvd. area. In 2010 the Erie Ave. neighborhood south of Lake Drive and Red Cedar Point neighborhood are both scheduled for street reconstruction. In 2011 we are planning to resurface a portion of the Carver Beach area streets. The pavement management program surveys a third of the City streets each year to determine a pavement condition number for each street segment. This information is then used to rate the overall condition of the street network and to determine street priority improvement areas. Staff also reviews problem utility areas (sewer & water) along with drainage problems to generate a needs based area priority list. The pavement condition information along with the utility needs areas is combined to identify street priority project areas. The schedule that is planned is not fixed. We may need to change the schedule of some of these projects based on future review of pavement conditions or utility needs. Implementation of the schedule and projects, as always, is dependent on future funds that are made available. If you would like additional information please let me know. Sincerely, 3 Paul Oehme, P.E. Director of Public Works /City Engineer City of Chanhassen 7700 Market Boulevard P.O. Box 147 Chanhassen, MN 55317 Ph. # 952-227-1169 From: Randy Raddatz [mailto:randyjcoach@yahoo.com] Sent: Monday, November 19, 2007 7:54 PM To: btjornhom@ci.chanhassen.mn.us; cpeterson@ci.chanhassen.mn.us; blitsey@ci.chanhassen.mn.us; vernst@ci.chanhassen.mn.us; tfurlong@ci.chanhassen.mn.us Subject: Re: Street improvements, curb & gutter in Minnewashta Heights Dear Mayor Furlong, This e-mail is intended to document my understanding that, based on my conversation with you last week, the Minnewashta Heights neighborhood is scheduled for major street repairs/improvements throughout the neighborhood not more than 5 years from now. Please reply to this e-mail if my understanding is incorrect. Sincerely, Randy Raddatz p.s. As a citizen of Chanhassen, I very much would have appreciated it if even ONE of you had responded to my concerns--I really don't think that's too much to ask of our elected officials. ----- Original Message ---- From: Randy Raddatz <randyjcoach@yahoo.com> To: btj ornhom@ci.chanhassen.mn.us; cpeterson@cLchanhassen.mn.us; blitsey@ci.chanhassen.mn.us; vernst@ci.chanhassen.mn.us; tfurlong@cLchanhassen.mn.us Sent: Saturday, September 8, 2007 11 :20:30 AM Subject: Street improvements, curb & gutter in Minnewashta Heights Good morning, I would like to bring to your attention an item that appears to continue to swept under the rug, so I am hoping my e-mail to you will result in some action. We moved to Chanhassen just over 7 years ago. Shortly after we moved here, I asked one of our neighbors if curb & gutter in our development, Minnewashta Heights, had ever been discussed. He said that yes, it had been discussed a lot over the years, and that his recollection was that Minnewashta Heights was originally to have had major street repair/curb & gutter around 1983. As a result, I called City staff to see if street improvements/curb & gutter was on the docket for our neighborhood. I was told that it was, but that we were scheduled out a few years (5-8 if! recall correctly). Since that original call, I have called roughly annually ever since, & each time I am told that: 1. The City is very much aware of the poor condition of the streets in our neighborhood 4 2. The City does have us in queue for street improvements/curb & gutter 3. The City will pick up a major portion of the cost, with every homeowner being assessed equally for the remaining cost, regardless of the amount of street frontage each homeowner has 4. WE WON'T BE SEEING THESE IMPROVEMENTS FOR ABOUT ANOTHER 5-8 YEARS! I wholeheartedly agree with items 1-3, but how can we continue to be "out" 5-8 years EVERY YEAR? And if this was originally in the plan for the early 1980's, how can we now be 25 years behind schedule? I tried sending a "mass" e-mail to the City Council addressing this same issue a few weeks ago, but your "mass" e-mail option didn't work, so I lost my entire e-mail. In that e-mail, I explained that our various levels of government have misplaced priorities, because the role of government should be 1. Ensuring public safety; and 2. Making sure that we have a well-maintained system of roads and infrastructure that will allow for safe and efficient transportation and commerce. . . period. Unfortunately, governments from cities to the federal government have decided that they should resolve every social ill that has ever befallen us (which they have proven time and time again that they CAN'T solve), the result being that there is little if any money available for the REAL responsibilities of government, namely public safety and roads/infrastructure. Ironically and very sadly, I had attempted to send the original e-mail just a few days before the Minneapolis bridge collapse. Because the City has neglected our neighborhood, our streets are in terrible condition, weeds grow along the streets and eventually spread into our lawns, what's left of the "grass" at the park in our development is essentially weeds, snowplows detroy our lawns in the winter, etc. Meanwhile, all of us continue to diligently pay our taxes, hoping that someday the money that we "donate" will be used to improve our own neighborhood. Please consider reprioritizing the spending in Chanhassen, so that we can finally (and hopefully within 1-2 years!) receive the improvements to our neighborhood that apparently were supposed to have occurred a quarter of a century ago! I would very much appreciate a response from each of you with your thoughts. Thank you! Sincerely, Randy Raddatz 6340 Elm Tree Avenue Yahoo! oneSearch: Finally, mobile search that gives answers, not web links. Never miss a thing. Make Yahoo your homepage. Get easy, one-click access to your favorites. Make Yahoo! your homepage. 5 - C ::l 9: ::l Oll V> o C .... n CIl Y' -< CIl Vl n ::r III III ~ lU ..... ::r CIl n ;:;: -< c V> 5' Oll OJ < OJ .... iii' ..... -< o - o N ~ ~ CIl ..... ~ 0 CT CT CIl OJ ::l iiJ~ ::l ;:;: n ..... CIl 5' Vi' Oll n "0 o .... < 0 CIl "0 .... CIl CIl .... 0.. ..... CT-< -< 6 ~ o ~, *';:; n CIl ;:;" ::l -< OJ n ::l o n V> CIl r+ 0 "0 CIl .... OJ ..... 0' ::l AlVl CIl OJ n 3 g CIl V> OJ ..... V> .... C Vl n ..... d: .., o m ::l ..... 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