HF 929

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

A bill for an act
relating to municipalities; authorizing the city of Minnetonka to establish street
improvement districts and apportion street improvement fees within districts;
requiring adoption of street improvement plan; authorizing collection of fees;
proposing coding for new law in Minnesota Statutes, chapter 435.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [435.39] MUNICIPAL STREET IMPROVEMENT DISTRICTS.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms
have the meanings given them.
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new text begin (b) "Eligible property" means real property that is not residential and includes the
nonresidential portion of real property that has more than one use.
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new text begin (c) "Governing body" means the Minnetonka City Council.
new text end

new text begin (d) "Improvements" means construction, reconstruction, and facility upgrades
involving:
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new text begin (1) right-of-way acquisition;
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new text begin (2) paving;
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new text begin (3) curbs and gutters;
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new text begin (4) bridges and culverts and their repair;
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new text begin (5) milling;
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new text begin (6) overlaying;
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new text begin (7) drainage and storm sewers;
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new text begin (8) excavation;
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new text begin (9) base work;
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new text begin (10) subgrade corrections;
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new text begin (11) street lighting;
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new text begin (12) traffic signals;
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new text begin (13) signage;
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new text begin (14) sidewalks;
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new text begin (15) pavement markings;
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new text begin (16) boulevard and easement restoration;
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new text begin (17) impact mitigation;
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new text begin (18) reconstruction, connection, and reconnection of utilities;
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new text begin (19) turn lanes;
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new text begin (20) medians;
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new text begin (21) street and alley returns;
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new text begin (22) retaining walls;
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new text begin (23) fences;
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new text begin (24) lane additions; or
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new text begin (25) fixed transit infrastructure, trails, or pathways. "Fixed transit infrastructure"
does not include commuter rail rolling stock, light rail vehicles, or transitway buses;
capital costs for park-and-ride facilities; feasibility studies, planning, alternative analyses,
environmental studies, engineering, or construction of transitways; or operating assistance
for transitways.
new text end

new text begin (e) "Maintenance" means striping, seal coating, crack sealing, pavement repair,
bridge and retaining wall repair, sidewalk maintenance, signal maintenance, street light
maintenance, and signage.
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new text begin (f) "Municipal street" means a street, alley, or public way in which the municipality
has powers conferred by section 429.021, or for which the municipality will contribute
funds to another unit of government.
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new text begin (g) "Municipality" means the city of Minnetonka.
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new text begin (h) "Street improvement district" means a geographic area designated by the
municipality within which street improvement and maintenance may be undertaken and
financed according to this section.
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new text begin Subd. 2. new text end

new text begin Establishment of districts. new text end

new text begin The municipality may, by ordinance, establish
municipal street improvement districts within the areas bounded by:
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new text begin (1) Smetana Road on the north, marked Trunk Highway 169 on the east, marked
Trunk Highway 62 on the south, and Shady Oak Road on the west; and
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new text begin (2) a line located one-half mile to the north of Interstate Highway 394, a line located
one-half mile to the south of Interstate Highway 394, and the municipality's city limits
on the east and the west.
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new text begin Subd. 3. new text end

new text begin Authorization. new text end

new text begin The municipality may defray all or part of the total costs of
municipal street improvements and maintenance by apportioning street improvement fees
on a uniform basis to all eligible property located in the district.
new text end

new text begin Subd. 4. new text end

new text begin Adoption of plan. new text end

new text begin Before establishing a municipal street improvement
district or authorizing a street improvement fee, the municipality must propose and adopt a
street improvement plan that identifies and estimates the costs of proposed improvements
and maintenance for the following five years and identifies the location of the municipal
street improvement district. Notice of a public hearing on the proposed plan must be given
by mail to all affected owners of eligible property at least ten days before the hearing and
posted for at least ten days before the hearing. At the public hearing, the governing body
must present the plan and all affected owners of eligible property in attendance must have
the opportunity to comment before the governing body considers adoption of the plan.
new text end

new text begin Subd. 5. new text end

new text begin Use of fees. new text end

new text begin Revenues collected from property in a district from the
fee authorized in this section must be placed in a separate account and be used only
for projects located within that same district and identified in the municipal street
improvement district plans.
new text end

new text begin Subd. 6. new text end

new text begin Unpaid fees. new text end

new text begin Fees that, as of October 15 of each calendar year, have
remained unpaid for at least 30 days may be certified to the county auditor for collection as
a special assessment payable in the following calendar year against the affected property.
new text end

new text begin Subd. 7. new text end

new text begin Notice; hearings. new text end

new text begin The municipality may impose a municipal street
improvement fee provided in this section by ordinance. The ordinance must not be voted
on or adopted until after a public hearing has been held on the question, as provided in
subdivision 4.
new text end

new text begin Subd. 8. new text end

new text begin Not exclusive means of financing improvements. new text end

new text begin The use of the
municipal street improvement fee by the municipality does not restrict the municipality
from imposing other measures to pay the costs of local street improvements or
maintenance, except that the municipality must not impose special assessments for
projects funded with street improvement fees.
new text end