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13-04i ORDINANCE NO.: 2013-04 CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE of THE CITY of OTs Go REGARDING SPECIAL ASSESSMENTS FOR PUBLIC IMPROVEME T& THE CITY COUNCIL OF THE CITY of OTSEGO DOES HEREBY ORDAIN: Section 1. Chapter 6, Section 4 of the City Code is hereby repealed in its entirety and replaced y the following provisions: SECTION SPECIAL ASSESSMENTS FOR PUBLIC IMPROVEMENTS MENTS Section 6.4.1 Purpose -4-2 Projects Eligible For Assessment k_ 6 -4-3 Initiation of Public Improvement Projects 6 Phl[c lr rovenent Procedure 6-4-6 Financing of Public Improvements 6--6 Deferment of Special Assessments 6-4-1: PU Pos . A. The procedures used by the City for levying special assessments are those specified by various sections of Minnesota Statutes that provide that all or a part f the cost of public improvements may be assessed against benefiting or affected properties, B. Three following criteria must be satisfied before a particular parcel can be assessed: I . The land must have received special benefit from the improvement. 2. The amount of the assessment must not exceed the special benefit. 3, The assessment must he uniform In relation to the sane class of property within the assessment area. �. i C. The city has adopted an Assessment Policy that includes specific criteria for different improvements ents and that may be amended by the City Council from time to time. 6-4-2: PROJECTS ELIGIBLE FOR SPECIAL ASSESSMENT. A. The following public improvements and related acquisition, construction, extension, and maintenance of such improvements are eligible for special assessment within the city as projects approved at the discretion of the City Council as may be authorized pursuant to Minnesota sota Statutes §429,021, Subd. and §459.14, Subd. 7: R To acquire, opera, and widen any street, and to improve the same by constructing, reconstructing, and maintaining sidewalks, pavement, gutters, curbs, and vehicle parking strips of any material, or by grading, graveling, oiling, or otherwise improving the same, including the beautification thereof and including storm sewers or other street drainage and connections from server, water, or similar mains to curb lines. 2. To acquire, develop, construct, reconstruct, extend, and maintain storm k and sanitary sewers ands stems, including outlets, folding areas and ponds, treatment plants, pumps, lift stations, service connections, and other appurtenances of a sager system, within and without the corporate limits, 3. To install, replace, extend, and maintain street lights and street lighting systems and special lighting systems. . To acquire, improve, construct, reconstruct, extend, and maintain water cors systems, including mains, valves, hydrants, service connections, wells, pumps, reservoirs, tanks, treatment plants, and other appurtenances of a grater works system within the corporate limits. 6s To acquire, improve and equip parks, open space areas, playgrounds, and recreational facilities within the corporate limits. 6. To plant trees on streets and provide for their trimming, care, and removal. . To abate nuisances and to drain swamps, ,marshes, and ponds on public or private property and to fill the same. pi, . To construct, reconstruct, extend, and maintain dikes and other flood control works. . To construct, reconstruct, extend, and maintain retaining walls and area walls. 10. To acquire, construct, reconstruct, extend, operate, maintain, and promote underground pedestrian concourses. 11. To acquire, construct, improve, alter, extend, operate, maintain, and promote public malls, plazas or courtyards. 12. To acquire, construct, reconstruct, improve, alter, extend, and maintain highway sound barriers. 13. To acquire real property heeded for providing, regulating and operating on -street or off-street parking lanes or areas, to purchase or lease parking meters or other parking or traffic -control devices or may construct, or otherwise provide, equip, maintain and operate automobile parking facilities. B. The city is also authorized by this Section adopted pursuant to Minnesota Statute §429.101 to recover through special assessment the following special charges as a special assessment against the property benefited for all or any part of the cost of: . Snow, ice, or rubbish removal from sidewalks. 2. Weed elimination from streets or private property. 3. installation or repair of water service lines, street sprinkling, sweeping, or other dust treatment of streets. . The trimming and care of trees and the removal of unsound trees from any street. 5. The treatment and removal of insect infested or diseased trees on private property. 6. The repair of sidewalks. . The operation of a street lighting system. 91 . The operation and maintenance of a fire protection system. 9. The city may remove or eliminate of public health or safety hazards from private property excluding any structure included under the provisions of Minnesota Statutes §463.15 o §463.26. C. The City in accordance with Minnesota Statutes §444.075, Sbd. la finance the following projects related to Waterworks, storrnse er and sanitary sever systems through a levy against affected properties; 1. Build, construct, reconstruct, repair, enlarge, improve, or in any other manner obtain these facilities within the corporate limits. 2. Acquire any and all rand and easements required for the facilities 3. Following the adoption of an ordinance under Minnesota Statutes §444.16 to §444.21, the city may acquire, construct, reconstruct, extend, maintain, and otherwise improve storm serer systems and related facilities within the Stormwater District. Storm water holding areas and ponds within and without the municipality ality r ay also be acquired, constructed, maintained, and improved for the benefit of any such district. The cost of the systems and facilities described in this subdivision may be recovered by the tax authorized in Minnesota Statutes §444.20. 6-4-3: INITIATION of PUBLIC IMPROVEMENT PROJECTS: Public improvement ent projects can be initiated in the following ways: A. Petition: 'l. Public improvement projects may be initiated by petition of owners of the property benefitted by the proposed improvement. 2. Public improvements also may be initiated by majority vote of the city Council when, in its judgment, such action is required including projects necessary to protect public health safety and welfare from an imminent threat. Bt Ordering Improvements: I . statute §429 Assessment Projects: a. A resolution ordering any improvements initiated by the city Council or by owners of less than thirty fire 35 percent of 4 owners shall require four-fifths majority vote of benefiting 1 all members of the City council. b. A resolution ordering any improvements initiated by owners of not less than thirty fire 35 percent of benefiting property owners shall require a majority Grote of all members. of the City Council, C. A resolution ordering any improvements initiated by petition of all owners of benefiting properties waiving all hearing procedures and appeals and assessing the entire cost against their property, may be adopted without a public hearing. 2. Statute §444 Assessment Projects; . A resolution ordering any improvements initiated by the City Council or by owners fifty percent or less of benefiting property owners shall require a four-fifths majority Grote of all members of the City Council. b. A resolution ordering any improvements initiated by owners of more than fifty 50%percent of benefiting property owners. defined In Section 6-4-3.A of this Chapter requires a majority Grote of all _+M1 members of the City Council. C. A resolution ordering any improvements initiated by petition of all owners of benefited or affected properties, specifically waiving public hearing procedures and assessing the entire cost against their properties, may be adopted without a public hearing. 3. The city council may consider the petition of a Developer to construct the improvements within a project under their control and authority and assess theta subject to the Developer agreeing to a waiver of a hearing and a waiver of appeal in a form approved by the city Attorney with said improvements to be ordered by a majority Grote of the City Council -4,41: PUBLIC IMPROVEMENT PROCEDURE& The following is the general procedure followed by the City council for all public improvement projects from initiation of such a project through certification of the assessment roll to the county Auditor. Formats for the various reports and resolutions referenced in this section are made part of the policies and procedures of the City. A. Thep etition is submitted to the city Clerk together with an agreement approved tby he City Attorneyand signed by the petitioners to pay all costs related to the ■ i including a a r a � consideration of the petition in l ding preparation of a feasibility report. B. City staff shall review the petition to verify authenticity orDeveloper's request and present a request for action to the City Council. Ca The City Council, upon refer of the petition or request, shall accept or reject the petition or request: `1 if based upon a petition, the City Council shall adopt a resolution declaring whether the required percentage of property owners has signed. 2, if thep etitlon or request is accepted, the City Council by resolution shall order preparation of a feasibility report. D. Preparation and Consideration of a Feasibility Deport. 'l ■ The City Engineer shall prepare the feasibility report which shall preliminary evaluate whether the proposed improvement is necessary, cost-effective, and feasible and whether it should be made as proposed or in conjunction with another project. 2. The feasibility report shall include: a.' An estimate of the cost of the improvement as proposed. la. A reasonable estimate of the total amount to be assessed, and a description of the methodology used to calculate individual assessments for affected properties. 3. If the report is not prepared by an employee of a municipality, the a a compensation for preparing the feasibility report must be based on the following factors: a. The time and labor required; b. The experience and knowledge of the preparer; C. The complexity and novelty of the problems involved; acrd da The extent of the responsibilities assumed t 6 not be based primarily percentage of e. The compensation � y on a the estimated cost of the improvement. F The City Council may refer the report to the Planning Commission sion for recommendation. 5. The City Council shall by resolution accept or reject the feasibility report, ort, which, if accepted, the city Council by resolution call for a public hearing to consider the improvements unless the right to a hearing is waived by all affected property owners In a form approved roved y city Attorney. E.: Consideration of the Improvements. I The City Clerks shall post and publish hearing notice and mails notices to affected property owners as provided in Minnesota Statues §429.031 a or §444.18, Subd 3 as applicable. 2. city council review and action: a. The city Council shall conduct the public hearing. b. The information presented at the public hearing shall include preliminary i in assessment amount for each of the affected property owners. C. Within sig months of the hearing date, the city council shall adopt resolution ordering improvement ent to be constructed and advertisement of bids or reject the project. 1 Minnesota Statues §429 Projects: if the City Council orders the improvement, city staff prepares final plans, advertises for and opens bids as provided in Minnesota Statues §429.041, prepares bid tabulation, makes es recom endation to City Council for award, and prepares proposed assessment roil. (2) Minnesota Statues §444 Projects: If the city Council orders the improvement, ent, City staff prepares final plans, advertises for and opens bids as provided in Minnesota Statues §471,345, prepares bid tabulation, males recommendation to city Council for award of the contract. d. The City Council may award the contract for the proposed improvements based on the bids received. e. city staff snail supervise construction and prepares payment requests for city council consideration. f. The Cir Council may Crary the order of procedures for any §429 improvement project in accordance with tete particular needs of a specific project or concerns, financial or otherwise, raised by a specific project, F. Ponds, Assessments and/or Takes: 1 Bonds to finance project costs may be issued at any time pursuant to Statutory authority after the improvements are ordered. 2. Process for §429Assessments: a. City staff` prepares the goosed assessment roll for City council review and the city council by resolution orders assessment hearing. _ b The City Clerk shall publish the required hearing notice, mail notice f of hearing date and proposed assessments to the affected property owners as provided in Minnesota Statues §429.061. C. The city council conducts assessment nearing and adopts, reprises, or rejects resolution determining the amount of the total expense the city will pay, if any, and establishing the assessment roll. d. If adopted, the city council thereby authorizes certification of the assessment to the County Auditor upon completion of the project and receipt of all final project costs and the City Clerk shall certify the assessment roll to the county Auditor. 3. Levy for §444 Taxes: The City Council shall leery a tax on all taxable property within the district in an amount necessary to finance the cost of the improvement, including maintenance and to pay the principal and interest on bonds issued to finance the improvement. 6-4-6: FINANCING of PUBLIC IC IMPF O EMEN` S: The cost of any improvement shall be assessed upon property by the improvements based upon benefits received with the following general principles used as a basis for adoption of a separate, more detailed assessment policy: A. Project Cost: The "projectcost" of an improvement includes the costs of all necessary construction work required to accomplish the improvement, plus engineering, legal, administrative, financing and other contingent costs, including acquisition of right-of-way and other property. The finance charges include all costs of financing the project. These costs include but are not limited to financial consultant's fees, bond rating agency fee, bond attorney's fees, and capitalized interests The interest charged to the project shall be included as financing charges. E. City Cost: The "city cost" of an improvement is the amount of the total improvement expense the City will pay as determined by City Council resolution. Where the project cost of an improvement is not entirely attributed to the need for service to the area served by said improvement, or where unusual conditions beyond the control of the owners of the property in the area served by the improvement would result would result in an inequitable distribution of special assessments, or for any other reason determined by the City, the City, through the use of other funds, may pay such "city cost." C. Assessable Cost: The "assessable cost's f an improvement is equal to the project cost" minus the "city cost". D. l nterest: The City will charge interest on special assessments at a rate specified in the resolution approving the assessment roil. 2. If bonds were sold to finance the improvement project, the interest rate shall be one and one-half percent (1.5%) more than the average interest rate of the bonds, rounded to the nearest quarter of a percent. 3. If no bonds were sold, the interest rate shall be one and one-half percent (1.5%) more than the average interest rate as if bonds were issued, rounded to the nearest quarter of a percent. E. Prepayment: Property owners may pay their assessments in full interest free for a period of thirty 3 days the adoption of the resolution approving the assessment roll. After such period interest shall be computed from the date specified in the assessment resolution. f 2. the Citywilltransmit ertrfr certified duplicate of the assessment roll with each � installment, including interest to the County Auditor, or in lieu of such ion annually certify to the County Auditor by November 30 in certification, � ■ oar, the total amount of installments of and interest on assessments each on eachparcel which are to become due in the following year. 3. prior to certification n of principal and interest or the first installment thereof, to the bounty Auditor, a property owner may mace partial prepayment of i al to the Cit ■ Such partial prepayment mus the principal t be at least $100, . if the partial prepayment is made after the 3o -day "interest free" Herrod allowed y statute interest will be charged on the amount of the partial prepayment ment from the date specified in the resolution and paid along with the partial prepayment. 4. After the City Cit has made the first certification of principal and interest to the County Auditor, re a nnent will b accepted only for the total amount still � owing including I interest and must be made prior to November 15 of any year. the remaining after the partial prepayment ill be paid in equal }. installments over the remaining term of the special assessments. F. Extensions. .�Where an improvement i designed for service of an area beyond that receiving the initial benefit the City may pay for increased project costs due to such provisions for future service extensions. 2. The City may levy assessments to ever this cost when a new improvement is installed as an extension of the existing improvement der� upon identification tification of such additional amount in the notice of hearing for extensions or neer improvements, As an alternative, the City may the assess these costs to the area of future benefit immediately. ` e. if the Cit receives financial assistance from the Federal G. Project Assrtan y Government, the State of Minnesota, the County, or from any other source to of the costs of a given improvement, such aid will be used first to defray aportion �� cost" of the improvement. If the financial assistance received is reduce the arty i greater than the "cit cost," the remainder of the aid will be placed in the Capital Improvement Fund to be applied towards other City projects where allowed and at the discretion of the City Council. 10 H. Assessable Property. rt owned Cityother politic subdivisions .. sites arks and playgrounds, but not including public including r�nurr[c�pal building , p � streets and right-of-way, shall be regarded as being assessable on the sane basis as if such property was privately owned. Individual Benefits. The City must construct improvements specifically designed for or shown to be of benefit solely to one or more properties. The costs for these improvements will be assessed directly to such properties, and not included in the assessments for the remainder of the project. An example ple of this would be utility service lines running fronn the main lines to the property. J. Benefit Appraisals or Studies. In the event that question exists as to whether or not thero ose assessments exceed the special benefits to the property in p p question, the City Council may order benefit appraisals or other studies to determine market value as it deers necessary to support the proposed assessments. K. Condemnation Awards. A property owner may elect to offset special assessments against condemnation awards subject to the property owner executing a Net Assessment Agreement approved by the City Council. 6-4-6: DEFERMENT of SPECIAL ASSESS E TSM A. Special assessments may be deferred as a result of hardship for senior citizens or retired and disabled persons pursuant to Minnesota Statutes §435.193: R The City council may defer the payment of any special assessment on homesteadro ert owned by a person who is sixty five (65) gears of age p � y or older, or who is retired by virtue of permanent and total disability, and the City clerk is hereby authorized to record the deferment of special assessments where the following conditions are met: a. The applicant must apply for the deferment not later than ninety (90) days after the assessment is adopted by the City Council. b. The applicant must be sixty five 5 years of age or older or retired by virtue of permanent and total disability. C. The applicant must be the owner of the property. d. The applicant must occupy the property as their principal place of residence. 11 e, The applicant shall meet the eligibility requirements of the Minnesota Energy Assistance Program. f. The average annual payment for assessments levied against the subject property must exceed one and one-half(1.6%)percent f the adjusted gross income of the applicant as evidenced the applicant's most recent federal income tax return. The average annual payment of an assessment shall he the total cost of the ii assessment divided Y the number f years over which t s spread. 2. Term a. The deferment shall be granted for as long a period of time as the hardship exists and the conditions aforementioned have been met. . It shall be the duty of the applicant to notify the City clerk of any change in their status that would affect eligibility for deferment. 3. Payment. a, The entire amount of deferred special assessments shall be dine + within sixty days after loss of eligibility by the applicant: � . if the special assessment is roof pard within the sixty(60)days, the Cit Clerk shall add thereto interest at per annum interest rate of one and one-half 1.6%) percent above the bond interest rate and the total amount of principal and interest shall he certified to the County Auditor for collection with taxes the following year. as Should the applicant demonstrate to the satisfaction of the City Council that full repayment of the deferred special assessment cold cause the applicant particular undue financial hardship, the City Council may order that the applicant pay within sixty(60)days a s nn equal to the number of installments of deferred special assessments outstanding and unpaid to date, including principal and interest, with the balance thereafter paid according to the terms and conditions of the original special assessments. 4. 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: 12 a. The death of the owner when there is no spouse who is eligible for deferment. b. The sale, transfer or subdivision of all or any part of the property. c. Loss of homestead status on the property. d. Determination by the city Council for any reason that immediate or partial payment would ld impose no hardship. B. Deferments until development: The City Council may, at its discretion, defer special assessments related to urban development consistent with the City's r ■ Comprehensive Plan for benefited properties as follo vs. Properties eligible for the option deferments under this section shall meet the following criteria: a■ The property is zoned A-1 , A-23 R-1 I -2, or -3 [district. . Development of the property is limited to one 1 dwelling unit and related accessory uses. 2. Theo tion to defer the payment of special assessments shall terminate and all amounts accumulated ted plus applicable interest shall become due on the occurrence of any one of the following, whichever occurs first: Rezoning to -C, RA R -4A, R-5, R-6, R-7, -MH, R - B, INS or PUD District or any commercial or industrial district as defined by Chapter 50 of the Zoning Ordinance. . The subdivision of all or any part of the property. C. Five years from the date the assessment is initially adopted. d. A date or evert specified by the City Council at the time the option to defer payment of special assessments is approved. 3. The City council, at its discretion, may approve an extension to defer the payment of special assessments that would terminate pursuant to section 6-4-6.B.2 of this Chapter subject to the following: a. The extension is requested in writing and filed with the City Clerk at least thirty 3 days prior to the expiration of the initial deferment. 13 . The request states the reasons for which the property over believes the deferment should be extended. C. If approved by the City council the extension of the deferment shall terminate as provided for by section 6--6.13.2 of this Chapter. Section 2, Chapter o, section 6 of the City code is hereby repealed in its entirety and this section reserved for future use. Section . This Ordinance shall become effective It upon its passage and publication. MOTION BY: Heidner SECOND BY: Schroeder ALL IN FAVOR: Stockamp, Heidn r. - Schroeder, War hi e, D rk nwa1.d THOSE OPPOSED: None ADOPTED by the City Council of the City of Otsego this 8 day of Januar 20132 ATTEST: dwNlul-M iO4-0L Tams Loff, City Clea V V 14 CITY OF OTSEGO f iddsica L. Sto-ckamp, Mayor/