Agenda - Council Work Session - 11/18/2014

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RELEVANT LINKS: Minn. Stat. § 429.061, subd. 1. See Form 12, 1. Minn. Stat. § 429.051, applied in In Re Mackubin St., 279 Minn. 193, 155 N.W.2d 905 (Minn. 1968). See Section I-B: The special benefit test. See Form 8. Minn. R. 7560.0100, subp. 12. Minn. R. ch. 7560. See LMC Information Memo: Acquisition and Maintenance of City Streets. 2. City's share At any time before or after the city actually incurs expenses for the improvement, the council must pass a resolution determining how much the city plans to pay (above and beyond what it may decide to pay for city - owned property in the assessment area) and separate from amounts to be assessed. Cities may assess the cost of an improvement to property benefited whether or not any part of the cost of the improvement is paid from the county state -aid highway fund, the municipal state -aid street fund or the trunk highway fund. Best practice suggests the council work with an appraiser and an attorney to determine the appropriate city share of a particular project. The council must also decide, with consultation from staff and consultants, which cost allocation methodology most nearly equates costs and benefit. Such methodology is often described as unit or area charges and involves classification of assessed properties. (The third prong of the benefit test requires a uniform assessment applied to the same class of property, in the assessed area). Methodology may address the treatment of corner and odd - shaped lots. Many cities have adopted a policy of paying for all intersections, crosswalks, curb returns, and similar parts of public improvement projects not immediately fronting on private property. Other communities distribute the same costs over the benefited area. 3. Non -abutting property Normally, cities assess all properties abutting or bordering on the improvement, but the council may wish to levy assessments against adjacent, non -abutting properties if the properties benefit from the improvement. 4. Service laterals City utility ordinances often require that property owners maintain private water or sewer service laterals. "Service lateral" means an underground facility that is used to transmit, distribute, or furnish gas, electricity, communications, or water from a common source to an end -use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. When an improvement project requires new service laterals, and the city's ordinance assigns responsibility for service laterals to property owners, the city may require that property owners install or replace them. If the property owner fails to do so, the city may (with notice) install or replace the service lateral and charge the cost to the property owner. Note: under state utility marking rule, cities must locate the portion of the service lateral within the public right-of-way. League of Minnesota Cities Information Memo: 9/22/2011 Special Assessment Guide Page 14