Agenda - Council Work Session - 09/03/2013

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25:12 Minn. Stat. § 462.358, subd. la. Minn. Stat. § 462.358, subd. 2a. Concept Properties, LLP v. City of Minnetrista, 694 N.W.2d 804 (Minn. Ct. App. 2005). Minn. Stat. ch. 429. LMC information memo, Special Assessment Guide. LMC information Special Assessments Checklist and Sample Forms. CHAPTER 25 Alternatively, cities may accept a "cash fee" instead of land. The ordinance must specifically describe these dedication requirements and the alternative fee. The city must seek legal advice and carefully follow the laws procedural mandates, especially if a city requires dedication of land for park purposes. C. Adequate public facilities State law gives cities authority to manage development of land to protect and promote public health, safety, and general welfare. Some cities focus on this authority and adopt subdivision ordinances based on adequate public facilities standards. Some cities posit that this allows a city to approve or deny a subdivision application by focusing on public infrastructure facilities such as roads, stormwater ponds, sewer, water, and trails. If developers so choose they may enter into development agreements to address the lack of adequate public facilities before development occurs. Similarly, establishing transportation improvement districts (TID) In a city recognizes the need for funding to address substandard infrastructure near new developments. Using these land use related approaches to financing local improvements in a city requires ongoing legal advice. VI. Statutory financing tools A. Special assessments Chapter 429 allows special assessments, which theoretically ease the problem of financing local improvements. Special assessments are charges a city levies against real property for a local improvement that provides special benefits to the charged properties. The city may finance all or part of an improvements cost in this manner, but only by strict compliance with the law. The most typical use is to pay for infrastructure in undeveloped areas of a city, particularly when the city is converting new tracts of land 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 use special assessment to finance, in part, large -scale repairs and maintenance operations on streets, sidewalks, sewers, and similar facilities. Another use of special assessments is the redevelopment of existing neighborhoods. Cities use special assessments when areas age and the infrastructure needs updating. This chapter last revised 12/1/2012 LEAGUE OF MINNESOTA CITIES