SF 607 Counsel Summary

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    Senate Counsel, Research

    and Fiscal Analysis

    G-17 State Capitol

    5 Rev. Dr. Martin Luther King Jr. Blvd.

    St. Paul, MN 55155-1606

    (651) 296-4791

    Fax: (651) 296-7747

    Tom Bottern

    Director

    SenateState of Minnesota

    S.F. No. 607 - Municipal Street Improvement Districts (First

    Engrossment)

    Author: Senator Jim Carlson

    Prepared By: Alexis C. Stangl, Senate Counsel (651/296-4397)

    Date: March 19, 2013

    S.F. No. 607 allows cities to create street improvement districts and impose street

    improvement fees to pay for street improvements in the district.

    Section 1, subdivision 1 provides definitions for the section. A street improvement districtis defined as a geographical area designated by a municipality and located within the

    municipality within which street improvements and maintenance may be undertaken and

    financed according to this section.

    Subdivision 2 authorizes a city to establish a municipal street improvement district by

    adopting an ordinance. The city may defray the costs of municipal street improvementsand maintenance by charging fees to all property located in the district. A street

    improvement district must not include property already in another street improvement

    district.

    Subdivision 3 requires that the total costs of street improvements and maintenance must

    be uniformly apportioned to all property located in the district based on the

    classification of the property.

    Subdivision 4 provides the process for a city to adopt a street improvement district.Before establishing a district or authorizing a street improvement fee, the city must

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    propose and adopt a street improvement plan that identifies the location of the district

    and estimates the costs of the proposed improvements. The fees may be collected for a

    period of 5 to 20 years. Notice of a public hearing on the proposed plan must be mailedto all affected landowners at least 30 days before the hearing. Notice must also be

    posted for at least 30 days before the hearing. At the public hearing, the city council

    must present the plan and affected landowners must have the opportunity to commentbefore the council considers adopting the plan.

    Subdivision 5 provides that revenue from street improvement fees must be placed in aseparate account and be used only for projects located in the district and identified in the

    street improvement plan.

    Subdivision 6 provides that the ordinance must provide for billing and payment of the

    fee on a specified basis. Unpaid fees may be certified to the county auditor for collection

    as a special assessment.

    Subdivision 7 requires a municipality to impose a municipal improvement fee byordinance. The ordinance must not be voted on or adopted until after public notice and ahearing.

    Subdivision 8 provides that imposing a street improvement fee does not restrict the cityfrom using other methods to pay costs of local street improvements or maintenance,

    except that a city must not impose special assessments for projects funded with street

    improvement fees.

    Subdivision 9 prohibits a city from imposing a street improvement fee on an

    undeveloped parcel until the later of either three years after (1) the date of substantial

    completion of paving the street; or (2) the date which a previously unoccupied structureis first occupied.

    This section is effective on July 1, 2013.

    ACS/syl