SF 709

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:15am

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.
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new text begin (d) "Improvements" means construction, reconstruction, and facility upgrades
involving:
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new text begin (1) right-of-way acquisition for roads and streets;
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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; or
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new text begin (24) lane additions.
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new text begin (e) "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 the state of Minnesota, Hennepin County, or adjoining municipalities.
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new text begin (f) "Municipality" means the city of Minnetonka.
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new text begin (g) "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 district. new text end

new text begin The municipality may, by ordinance, establish
a municipal street improvement district defined by the area bounded by: 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.
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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 by apportioning street improvement fees on a uniform
basis to all eligible property located in the district. Any affected property owner may have
the fee apportionment reviewed by writ of certiorari under chapter 606.
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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
for the following five years and identifies the location of the municipal street improvement
district. Notice of a public hearing on the proposed plan or any modification to the plan
must be given by mail to all affected owners of eligible property at least 60 days before
the hearing and posted for at least 60 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 provide comments before the governing body
considers adoption of the plan.
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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.
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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 90 days may be certified to the county auditor for collection as
a special assessment payable in the following calendar year against the affected property.
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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.
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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, for projects funded with street improvement fees, the
municipality must not also impose special assessments and must recognize credits allowed
in any previously negotiated development agreements.
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Sec. 2. new text begin EFFECTIVE DATE.
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new text begin This act is effective the day following final enactment and expires 30 years following
the effective date.
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