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HomeMy WebLinkAboutCity Council Workshop Packet_8-03-16Falcon Heights City Council Workshop City Hall 2077 W Larpenteur Ave. 6:30 P.M. AGENDA Wednesday, August 3, 2016 1)2017 PMPa) University Grove and Garden Aveb)Assessment Policy 2)2017 Proposed Budget and Levy a)General b)Debt Service c)Special Revenue 3)Clean Water Plan-City Hall If you have a disability and need accommodation in order to attend this meeting, please notify City Hall 48 hours in advance between the hours of 8:00 a.m. and 4:30 p.m. at 651-792-7600. We will be happy to help. Page 1 of 29 3/14/2012 1 City of Falcon Heights Assessment Manual Adopted June 13, 2007 Page 2 of 29 3/14/2012 1 The purpose of this assessment manual is to set forth a guide to be utilized by the City of Falcon Heights when preparing assessment rolls, so as to assure uniform and consistent treatment of the affected properties. It is the general policy of the City of Falcon Heights to assess all affected properties according to this policy without regard to funding source. Minnesota state law, chapter 429.010 and 429.111 provides that a municipality shall have the power to make public improvements such as sanitary sewers, storm sewers, water source and distribution facilities, street improvements including grading, curb and gutter, surfacing, sidewalks, street lighting, landscaping, and recreational facilities, etc. The various procedures that the municipality must follow including reports, notices and public hearings are well defined within the law. The statute further provides that the cost of any improvement may be assessed upon property benefited by the improvement based upon the benefits received whether or not the property abuts on the improvement and whether or not any part of the cost of the improvement is paid from other funding sources. The law is not specific on how these benefits are to be measured or how the costs are to be apportioned, but rather makes it incumbent upon the municipality to determine with assistance of the city engineer, city attorney, appraisers or other qualified personnel, a fair and equitable method of cost sharing among the properties involved. It is the intent of this policy that the maximum value of an assessment be based on the highest and best use of property. Throughout this manual, the total cost of an improvement shall include the construction cost plus all associated overhead costs. The total cost of the associated overhead for a public improvement project would typically include city administration, engineering, fiscal, legal, capital interest, and contingencies. The actual overhead costs incurred will be tracked and charged to the project. The initiation of public improvement projects may happen in two different methods. The first method is by a petition of the affected property owners. The petition must be signed by the owners of not less than 35 percent of the frontage of the real property abutting the proposed improvements. The second method is to initiate the proceedings by city council direction, in which case no petition is needed. An outline of the public improvement process is provided in the appendix. Any reference to land zoning in this manual shall mean the most current approved city zoning map available at the time. It should be emphasized that the special assessment methods and policies summarized herein cannot be considered as all-inclusive and that unusual circumstances may at times justify special consideration. If the city should determine that the application of these policies results in an assessment amount greater than the increase in market value to any property, the city may limit the assessment to the increase in market value regardless of policy. Also, any fixed cost data and rates will be adjusted periodically so as to reflect current costs. Page 3 of 29 3/14/2012 2 I. Definitions A. Assessment Units The following definitions refer to the assessment units to be used when determining various assessment rates as described in the remaining sections of this manual. 1. Lot Unit A lot unit is defined as a platted single family residential lot which, in accordance with Falcon Heights zoning and subdivision regulations, cannot be further subdivided. 2. Gross Area The total area, in acres or square feet, of a lot or parcel of land including any easements. The gross area of a lot or parcel of land does not include any of the abutting right-of-way. 3. Front Footage a. Single Frontage Lots In platted areas, the front footage for purposes of front footage assessments shall be determined at the building setback line as described in the Falcon Heights zoning ordinance, and shall be measured parallel to the property line abutting the improvement. b. Corner Lots In the case of a street improvement project which abuts both sides of a corner lot, the lot shall be treated as an interior lot and the front footage shall be the long side of the lot. There will not be an additional assessment against corner lots for the side lot dimension. When the street improvement is only along the long side of the lot, the long side of the lot will be used for determination of assessable front footage. Projects along only the short side of the lot will not be assessed. If the property being assessed is a non-single family residential or tax-exempt parcel, both sides will be assessed. For all other improvements such as sanitary sewer or water, the front footage shall be the footage established for the long side of the lot when both sides of the lot are being affected by the improvement. Where the proposed improvement project is only along the long side of a corner lot, the long side front footage shall be used for assessment purposes. 4. Residential Equivalent Assessment Rate The residential equivalent assessment rate shall be based on a portion of the cost of the street construction for a typical residential street section. This residential equivalent assessment rate shall be determined by the city council and based upon comparable project data available to the city. Page 4 of 29 3/14/2012 3 B. General 1. Petition Petition shall mean a written document presented to the city council for purposes of initiating a public improvement project. All signatures shall be accompanied by the address of each signator, the date of the signature and a printing of each signator's name. Only one signature per property is allowed. An example of the usual form of petition is included in the appendix. 2. Total Project Cost Total project cost shall mean the final construction cost plus all associated overhead costs. Overhead costs shall include but not be limited to city administration, engineering, legal, fiscal, interest during construction, and land acquisition. 3. Assessment Period The length of payment period on various types of improvement projects shall be as follows: Sanitary sewer 10-15 years Storm sewer 5-10 years Street reconstruction 10-15 years Street mill and overlay 5-7 years In the case where several of the improvements listed above are included in the same project, the assessment period may be 10-15 years. In no event shall an assessment period exceed 15 years. 4. Assessment Interest Rate The interest rate charged on assessments shall be set by the city council. Typically, the rate is set at about 2% over the general obligation bond rate used to fund the project. If no bond is issued for the improvement, the rate will be set at 2% over the projected general obligation rate as determined in consultation with the city’s financial advisors. 5. Municipal State Aid (MSA) Streets Municipal state aid streets are routes designated by the city council and approved by the commissioner of transportation for inclusion in the city's state aid system. All routes included begin and end on another municipal state aid road, county state aid road, or trunk highway and are eligible for the use of MSA construction funds. 6. Municipal State Aid Construction Funds Municipal state aid construction funds are monies apportioned to the city from the state to be used for the construction of routes designated on the municipal state Page 5 of 29 3/14/2012 4 aid system. All construction funded with these monies must be done in accordance with the MnDOT office of state aid design criteria. 7. Pending Assessment An assessment is pending against a particular property if the city has determined that the property is benefited by a public improvement project which has been ordered or constructed, but for which an assessment has not yet been levied against the property. 8. Federal and State Highways These streets are classified as expressways, freeways, and major arterials constructed and maintained by the Minnesota Department of Transportation. They carry large volumes of traffic at peak loading times. In Falcon Heights, Snelling Avenue is in this category. Assessments levied by the City of Falcon Heights will be based upon a residential equivalent assessment rate. 9. County State Aid Highways (CSAH)/County Road These streets are classified as major and minor arterials and collectors constructed and maintained by the Ramsey County public works department. These streets typically carry high volumes of traffic at peak loading times. In Falcon Heights the streets in this category include Larpenteur Avenue, Hamline Avenue (north of Larpenteur), Fairview Avenue, Cleveland Avenue and Fulham Street (north of Larpenteur). Assessments levied by the City of Falcon Heights will be based upon a residential equivalent assessment rate. 10. Deleted and incorporated into #5 11. Collector Streets Collector streets are those streets generally considered to collect traffic from specific areas of the city and convey it to arterial routes. 12. Residential Streets This is the minimum street design acceptable as a public street within new subdivisions or developments. They carry relatively small volumes of local neighborhood traffic. The typical urban residential street is 30 feet wide with concrete curb and gutter and a 7-ton design. If the street is to be designated as a municipal state aid street, it must meet applicable MnDOT standards. 13. Alley These are narrow paved surfaced driving areas constructed within city rights-of-way. They provide a means of ingress and egress to the rear of property. They are typically constructed to in accordance with current MnDOT standards. 14. Appurtenances Page 6 of 29 3/14/2012 5 A. Pathways Pathways (also known as sidewalks or trails) are pedestrian and bicycle facilities running along the sides of streets. B. Street Lighting Street lights are provided to create a safer environment by reducing the amount of dark areas in a neighborhood. They can also be installed to create a more aesthetically pleasing, consistent theme in a neighborhood. Costs for installing non-standard streetlights shall be 100% assessed to benefiting property owners. C. Boulevard Trees Boulevard trees are planted along roadways to provide shade and create an aesthetically pleasing appearance. The city is responsible for pruning and removing trees located in the rights-of-way, while individual property owners are responsible for trees located on private property. D. Seeding/sodding Boulevard restoration by seeding/sodding is included in the construction costs as part of street improvement projects. II. Assessment policy by project type A. Sealcoating Sealcoating involves applying a thin coat of oil on the street and then laying gravel on top. Current city practice calls for this project to be performed every seven years. This type of project is considered routine maintenance and is funded without assessing benefiting property owners. B. Mill and Overlay Mill and overlay projects involve grinding the top few inches of roadway off and replacing it with a layer of asphalt. This type of repair can typically extend the life of the roadway by 15 years. Project costs will be calculated on a per-foot basis and assessments will be applied based on the property’s front footage in the following manner: 1. Residential properties – 40% of the per foot cost multiplied by the total front footage 2. Commercial properties – 60% of the per foot cost multiplied by the total front footage 3. Tax-Exempt properties – 100% of the per foot cost multiplied by the total front footage C. Roadway Reconstruction Reconstruction projects are typically more comprehensive and performed every 30 years. This type of project involves totally removing the existing roadway, replacing the base Page 7 of 29 3/14/2012 6 materials, and oftentimes performing utility work (water, sewer, etc.) at the same time. Project costs will be calculated on a per-foot basis and assessments will be applied based on the property’s front footage in the following manner: 1. Residential properties – 40% of the per foot cost multiplied by the total front footage 2. Commercial properties – 60% of the per foot cost multiplied by the total front footage 3. Tax-Exempt properties – 100% of the per foot cost multiplied by the total front footage D. Alleys For the most part, alleys in the City of Falcon Heights serve a private residential purpose. As such, maintenance and repair of the alleys are the responsibility of the property owners. Project costs will be calculated on a per-foot basis and assessments will be applied based on the property’s front footage in the following manner: 1. Residential properties – 90% of the per foot cost multiplied by the total front footage For alleys which also serve non-residential purposes, a traffic study will be performed to determine the amount of traffic created by the non-residential users and the assessment amounts will be altered to reflect estimated usage. It is the intent of this policy to set the assessment amount as fairly as possible, using best engineering practices, for all benefiting property owners. E. Sanitary Sewers Periodically sanitary sewer systems need to be replaced or have major repairs conducted. Usually these repairs are coordinated to occur at the same time as road reconstruction projects to eliminate redundant road repairs. Sanitary sewer project costs will be calculated on a per-foot basis and assessments will be applied based on the property’s front footage in the following manner: 1. Residential properties – 40% of the per foot cost multiplied by the total front footage 2. Commercial properties – 60% of the per foot cost multiplied by the total front footage 3. Tax-Exempt properties – 100% of the per foot cost multiplied by the total front footage The City of Falcon Heights (or its contractors) will only conduct work in the public right- of-way. At the discretion of the city, work on private property may be performed but only after receiving a written request from the property owner and the entire cost of the private repair will be assessed to the benefiting property owner. If a project is being completed on a public street, property owners on private streets receive a benefit of the improvement without having front footage on the public street. A traffic study may be performed to determine the amount of traffic created by the private Page 8 of 29 3/14/2012 7 street users and the assessment amounts will be altered to reflect estimated usage. It is the intent of this policy to set the assessment amount as fairly as possible, using best engineering practices, for all benefiting property owners. F. Storm Sewers 1. Definitions A. Storm Sewer Trunk Facilities Ponds A basin or wetland constructed or naturally located within a permanent easement for the purpose of containing storm runoff. May be either a retention (permanent) pond, detention (temporary) pond, or a combination of both. Pipe Network A network of pipes ranging in size generally from 30 inches through 60 inches. The trunk pipe networks are designed to collect storm run-off from an area generally larger than 10 acres. Channels An open ditch conveyance network constructed within permanent easements for the purposes of transporting storm run-off. B. Storm Sewer Lateral Facilities A network of pipes ranging in size generally from 12 inches to 27 inches designed to collect storm run-off from a specified small area to a trunk facility. The lateral facilities also include street overland flow and inlet structures such as catch basins, manholes and flared end sections. 2. Determining Storm Sewer Assessment Rates A. Storm Sewer Trunk Rates Design and estimate of the total improvement cost of the ultimate trunk system needed to provide complete service to each property in the Service District considered. B. Determine the base assessment rate by dividing the ultimate system cost previously described by the sum total of the following to determine the cost per square foot of the project:  Gross area of Single Family residential properties. Page 9 of 29 3/14/2012 8 Gross area of multi-unit residential properties Gross area of commercial properties Gross area of tax-exempt properties C. The assessment rate would be set as follows. Residential properties- 40% of the per square foot cost multiplied by the area of the parcel Multi-Unit residential and commercial properties- 60% of the per square foot cost multiplied by the area of the parcel Tax exempt properties- 100% of the per square foot cost multiplied by the area of the parcel G. Sidewalks, trails and pathways Off-street facilities provide a safe walking alternative for pedestrians. As such, the City of Falcon Heights recognizes the importance of these facilities and will construct them when possible. Project costs will be calculated on a per-foot basis and assessments will be applied based on the property’s front footage in the following manner: 1.Residential properties – 25% of the per foot cost multiplied by the total front footage 2.Commercial properties – 40% of the per foot cost multiplied by the total front footage 3.Tax-Exempt properties – 100% of the per foot cost multiplied by the total front footage Page 10 of 29 3/14/2012 9 VI. HARDSHIP DEFERRAL OF ASSESSMENTS CITY OF FALCON HEIGHTS COUNCIL RESOLUTION July 25, 2007 No. 07-09 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A RESOLUTION APPROVING A SPECIAL ASSESSMENT DEFERRAL POLICY WHEREAS, the City of Falcon Heights uses special assessments in order to construct public infrastructure, such as streets, sewers, sidewalks, and other public facilities; and WHEREAS, these assessments can sometimes cause a financial hardship to those on fixed incomes; and WHEREAS, State of Minnesota Statute 435.19 allows cities to adopt policies allowing for the deferral of special assessments in certain circumstances; and WHEREAS, the City of Falcon Heights currently has a policy but desires to amend it; NOW, THEREFORE BE IT RESOLVED that the City of Falcon Heights hereby establish the standards and guidelines for determining the eligibility for special assessment deferrals: 1. In order to request a deferral of an assessment, the homeowner must request a deferment before the close of the public hearing adopting the special assessment roll. The request must be made on the form on file with the City of Falcon Heights; and 2. The deferral procedure shall apply only to property owned and occupied by persons 65 years of age or older, or retired by virtue of a permanent and total disability for whom it would be a hardship to make payments. Permanent and total disability shall have the same definition for purposes of assessment deferral as is used for social security purposes; and 3. The property must be the applicant’s principal place of domicile and classified on the real estate tax rolls as the applicant’s homestead; and 4. The applicant must submit federal income tax returns from the year prior to the assessment to verify that all sources of income do not exceed the low income limits (currently 80% of median income based on household size) for Ramsey County as established by the Department of Housing and Urban Development; and 5. No special assessment shall be deferred for a period longer than the time set by the City Council; and Page 11 of 29 3/14/2012 10 6. Interest on deferred assessments shall be subject to and charged at the interest rate set by the city council on its resolution adopting the special assessment, and such interest shall accrue on said principal until the special assessment is paid in full; and 7. The option of the homeowner to defer the payment of special assessments shall terminate and all amounts accumulated and interest shall become due and payable upon the occurrence of any of the following events: a. The sale, transfer, or subdivision of the property or any part thereof, or the property is in any way conveyed to another person; b. The subject property loses its homestead status for any reason; c. The death of the owner qualified for the deferral status unless a surviving spouse is eligible for benefits hereunder; or d. If for any reason the City Council determines that there would be no hardship to require an immediate or partial payment of the deferred special assessment. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Susan L. Gehrz, Mayor July 25, 2007 GEHRZ 4 In Favor Attested by: ________________________ KUETTEL Justin Miller HARRIS 0 Against City Administrator LINDSTROM July 25, 2007 TALBOT - absent Page 12 of 29 3/14/2012 11 Appendix Index 1. Typical Minnesota Statute 429 Improvement Project Process 2. Typical Petition Forms 3. Sample Resolutions 4. Deferral Forms Page 13 of 29 3/14/2012 12 TYPICAL MINNESOTA STATUTE 429 IMPROVEMENT PROJECT PROCESS 1. Project Initiation a. Petition of more than 35 percent of affected property owners. b. City Council action. 2. Resolution ordering preparation of report on improvement and declaring adequacy of petition if appropriate. Note: This resolution should be published in the official newspaper after adoption. Unless there is a challenge to the determination of adequacy within 30 days, the determination cannot be challenged in the future. 3. Engineer's Report a. Feasibility of proposed improvement. b. Whether improvements should be made as proposed or with other improvements. c. Cost of improvement as recommended. d. Need for improvements. 4. Resolution receiving the feasibility report and calling for hearing on the improvement. Note: If 100% of affected property owners petition for the improvement, they may also waive their rights to this public hearing. 5. Notice of Public Hearing a. Time and place of hearing b. General nature of improvement c. Estimated cost of improvement/assessment d. Proposed area to be assessed. e. Notice must be published twice (one week apart) in the official newspaper; three days must elapse between the last publication date and the hearing. f. Notice must be mailed to owner of each parcel within the area to be assessed not less than ten days prior to the hearing. 6. Resolution ordering the improvement and preparation of plans and specifications. Note: This action may be taken any time within 6 months after the public hearing. Beyond that a new public hearing must be held. If the project was initiated by petition of the owners of less than 35 percent of the frontage, this resolution must be adopted by at least a 4/5 vote. 7. Resolution approving the plans and specifications and ordering the advertisement for bids. Note: If the estimated construction cost is under $100,000 at least ten days must elapse Page 14 of 29 3/14/2012 13 between the first advertisement and the bid opening. Over $100,000 at least three weeks (21 days) must elapse. 8. Resolution accepting the bids and directing the Mayor and City Administrator to enter into a contract with the lowest responsible bidder must be done within one year of resolution ordering improvement. 9. Contractor/City paperwork prior to commencing construction. a. Issue Notice of Award and Contract b. Contractor resubmits signed notice of award, contract, performance bond and insurance documents. c. Pre-Construction Meeting - Discuss scheduling of construction - Staking - Conflicts with utilities d. Issue Notice to Proceed e. Contractor resubmits signed Notice to Proceed f. Construction begins 10. During construction phase, partial pay estimates and change orders are presented to the City Council for action. 11. Resolution determining cost to be assessed and ordering the preparation of proposed assessment role. 12. City staff and City Engineer prepare and file assessment roll. 13. Notice of hearing on proposed assessment. Note: Notice must be published one or more times in the official newspaper at least two weeks prior to the meeting. Notice must contain the following items: a. Date, time and place of hearing. b. General nature of the improvements. c. Area proposed to be assessed. d. Total amount of the proposed assessment. e. That the proposed assessment roll is on file with the Clerk. f. That written and oral objections will be considered. g. That no appeal of the amount of any assessment may be made unless a written objection signed by property owners is filed with the Clerk prior to the hearing or presented to the presiding officer at the hearing. h. That an appeal to district court may be made by serving notice upon the Mayor or Clerk within 30 days of the adoption of the assessment roll and filing such notice with the district court within 10 days after service upon the Mayor and Clerk. i. Whether the City has adopted any deferment ordinance or resolution and its basic substance. Page 15 of 29 3/14/2012 14 j. Substance of Minnesota Statute 435.193 through 435.195. Notice must be mailed to each parcel owner described on the Assessment roll not less than two weeks prior to the hearing. 14. In addition to the items listed above, the mailed notice must include the following: a. Amount to be assessed against the particular parcel. b. That the assessment amount may be prepaid and to whom. c. Whether partial prepayment has been authorized by ordinance. d. Time within which prepayment may be made without interest. e. Rate of interest to be accrued if assessment is not prepaid. 14. Public hearing and resolution adopting assessment roll. 15. Appeals to District Court. Note: In order to appeal to district court, the property owner must serve notice upon the Mayor or City Clerk within 30 days of adoption of the assessment roll. They can only do this after having filed a written signed objection prior to the assessment hearing or having presented same to the presiding officer at the hearing. The notice of appeal must be filed with the Clerk of the district court within ten (10) days after service on the City. PETITION FOR LOCAL IMPROVEMENT Page 16 of 29 3/14/2012 15 City of Falcon Heights, Minnesota__________________________, 20____ To the City Council of Falcon Heights, Minnesota: We, the undersigned, owners of not less than 35 percent in frontage of the real property abutting on _____________ Street, between the ____________ line of _______________ Street and the ________________ line of ____________ Street hereby petition that such street is improved by _____________________ pursuant to Minnesota Statutes, Chapter 429. Only one signature is allowed per household. SIGNATURE PRINT NAME DATE OF OWNER OF OWNER 1. _________________________________________________________________________ 2. _________________________________________________________________________ 3. _________________________________________________________________________ 4. _________________________________________________________________________ 5. _________________________________________________________________________ 6. _________________________________________________________________________ 7. _________________________________________________________________________ 8. _________________________________________________________________________ 9. _________________________________________________________________________ 10. _________________________________________________________________________ 11. _________________________________________________________________________ 12. _________________________________________________________________________ 13. _________________________________________________________________________ 14. _________________________________________________________________________ 15. _________________________________________________________________________ Examined, checked, and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for. _______________________________ City Clerk Page 17 of 29 3/14/2012 16 CITY OF FALCON HEIGHTS RESOLUTION NO. 2008-01 September 28, 2008 RESOLUTION ORDERING PREPARATION OF FEASIBILITY REPORTS FOR XYZ STREET RECONSTRUCTION PROJECT WHEREAS, the Council has reviewed the street construction needs of XYZ Avenue in the City and has tentatively selected the segment of XYZ between Snelling and Hamline Avenues for reconstruction in 2006; and WHEREAS, it is proposed to improve this section of City of Falcon Heights street system as described above by completing the following work: sidewalk construction, bituminous paving, concrete curb and gutter, storm sewer, and necessary appurtenances, and to assess the benefited property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Section 429.011 to 429.111: NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota as follows: 1. The segment of XYZ Avenue between Snelling Avenue and Hamline Avenue is hereby approved for consideration of reconstruction. 2. The proposed improvements are referred to the City Engineer for study and she is instructed to report to the Council with all convenient speed, advising the Council in a preliminary way as to whether they should best be made as proposed or in connection with some other improvements, and the estimated cost of the improvements as recommended. Whereupon said resolution was declared duly passed and adopted. Page 18 of 29 3/14/2012 17 CITY OF FALCON HEIGHTS RESOLUTION NO. 07-02 March 8, 2007 RESOLUTION RECEIVING FEASIBILITY REPORT ON XYZ AVENUE RECONSTRUCTION PROJECT AND ORDERING PUBLIC HEARINGS BE IT RESOLVED by the Council of the City of Falcon Heights as follows: 1. By resolution adopted January 25, 2006, the Council directed the City Engineer to prepare preliminary reports as to the feasibility of the proposed improvements: XYZ Avenue (between Snelling and Hamline Avenues) 2. The City Engineer was also directed to include in the report the estimated cost of the proposed improvements. The preliminary report and cost estimates have been submitted and considered by the Council and are hereby approved and directed to be placed on file in the office of the City Administrator. The improvements proposed to be made in the general manner set forth in the report are designated as XYZ Drive Reconstruction. 3. The Council shall meet at the City Hall, 2077 West Larpenteur Avenue, in said City, on April 26, 2006 at 7:00 p.m. for the purpose of holding a public hearing on the proposed improvements under and pursuant to the provisions of Minnesota Statutes, Chapter 429, and the Administrator is hereby authorized and directed to cause notice of the time, place, and purpose of that meeting to be published twice in the official newspaper, Roseville Review, which publications shall be a week apart, and the second publication shall be not less than three days before the date of the hearing. 4. The general nature, estimated cost and area proposed to be assessed for XYZ Avenue and Snelling Drive Reconstruction are determined to be as stated in the foregoing notice, as fully as though the same were separately set forth and resolved herein. Page 19 of 29 3/14/2012 18 NOTICE OF HEARING ON ASSESSMENTS FOR XYZ AVENUE CITY OF FALCON HEIGHTS RAMSEY COUNTY, MINNESOTA NOTICE IS HEREBY GIVEN that the Council of the City of Falcon Heights, Minnesota, will meet in the Council Chambers of the City Hall, 2077 Larpenteur Avenue, in said City on Wednesday, February 28, 2007 at 7:00 o'clock p.m. to hear, consider, and pass upon any and all written or oral objections which may be offered with respect to the proposed special assessments for sanitary sewer service repairs completed as a part of the XYZ Reconstruction Project. The Council may adopt the proposed assessment at the hearing. The proposed assessment roll is now on file and open to public inspection by all persons interested in the office of the City Administrator. The entire amount assessed against each parcel of land will be payable, unless prepaid, in ten (10) equal consecutive annual installments, the first of such installments to be payable with general taxes levied in 2007, collectible with such taxes during the year of 2008. The first installment will be payable with interest at the rate of 6.25 percent per annum on the entire assessment from the date of the resolution levying the same to December 31, 2007, and each subsequent installment will be payable with one year's interest at said rate on all unpaid installments, except that no interest will be charged if the entire assessment as to any parcel is paid at the office of the Treasurer within thirty (30) days from the date of adoption of the assessment roll. The general nature of the XYZ Avenue Reconstruction Project now being assessed is for the reconstruction of private sanitary sewer services and necessary appurtenances. The total cost of the improvement to be assessed is $12,290.20 THE FOLLOWING PROPERTY IDENTIFICATION NUMBERS ARE PROPOSED TO BE ASSESSED: 000111000222 1397 XYZ 000222000333 1403 XYZ 000333000444 1405 XYZ 000444000555 1415 XYZ 000555000666 1443 XYZ Oral or written objections by any property owner will be considered at the hearing. An owner may appeal an assessment to district court pursuant to Minnesota Statute 429.081 by serving notice of the appeal upon the Mayor or Administrator of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten (10) days after service upon the Mayor and Administrator. No appeal may be taken as to the amount of any assessment adopted unless a written objection signed by the affected property owners is filed with the City Administrator prior to the assessment hearing or presented to the presiding officer Page 20 of 29 3/14/2012 19 at the hearing. Pursuant to Minnesota Statute Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older or retired by virtue of a permanent and total disability for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated plus applicable interest becomes due. Any assessed property owner meeting the requirements of that law and the resolution adopted under it may, within 30 days of the confirmation of the assessment, or upon reaching the age to become eligible for the deferment, apply to the City Administrator on the prescribed form for such deferment of payment of this special assessment on his property. Dated: January 24, 2007 BY ORDER OF THE CITY COUNCIL City Administrator Page 21 of 29 3/14/2012 20 CITY OF FALCON HEIGHTS RESOLUTION NO. 07-03 RESOLUTION ORDERING THE RECONSTRUCTION OF XYZ AVENUE WHEREAS, the City Council of Falcon Heights received the Feasibility report on December 14, 2005 and ordered a public hearing for the reconstruction of XYZ Avenue between Snelling Avenue and Hamline Avenue, and; WHEREAS, ten days mailed notice and two weeks published notice was given; NOW THEREFORE BE IT RESOLVED by the Council of the City of Roseville, Minnesota, that in accordance with the provisions of Minnesota Statutes, Chapter 429, as amended, the Council held a public hearing on January 25, 2006, to consider the proposed reconstruction of XYZ Avenue, consisting of the installation of bituminous paving, concrete curb and gutter, sanitary sewer service repair, drainage facilities, and necessary appurtenances on all that property abutting: PID Address 000111000222 1910 XYZ Avenue 000222000333 1444 XYZ Avenue 000444000555 1912 XYZ Avenue 000555000666 1913 XYZ Avenue as described in the Notice of Hearings at a cost presently estimated at $1,131,996.54 and substantially in accordance with the preliminary report as to the feasibility thereof which is now on file in the office of the City Manager; at which all persons desiring to be heard were given an opportunity to be heard thereon, and having considered the views of all interested persons, the Council does hereby determine and order that said improvement shall be constructed and financed and that all streets be constructed substantially as recommended in the feasibility report. The City Engineer for the project is directed to prepare and submit to the Council the final plans and specifications for the improvement. Page 22 of 29 3/14/2012 21 CITY OF FALCON HEIGHTS RESOLUTION 07-04 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR XYZ AVENUE RECONSTRUCTION WHEREAS, pursuant to resolution passed by the City Council, the City Engineer has prepared plans and specifications for the reconstruction of XYZ Avenue between Snelling Avenue and Hamline Avenue, and has presented such plans and specifications to the Council for approval: THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. Such plans and specifications, copies of which are attached hereto, and made a part hereof, are hereby approved. 2. The City Administrator shall prepare and cause to be inserted in the Roseville Review, the official newspaper, and in the Construction Bulletin, an advertisement for bids upon the making of such approved plans and specifications. The advertisement for bids for XYZ Avenue Reconstruction shall be published as required by law, shall specify the work to be done, shall call the bids on the basis of cash payment for such work, shall state the date and time that the bids will be received by the City Administrator and City Engineer at which time they will be publicly opened in the City Hall by the City Engineer and subsequently be considered by the Council; and that no bids will be considered unless sealed and filed with the Administrator and accompanied by a cash deposit, certified check or bid bond payable to the City of Falcon Heights for ten percent of the amount of such bid. Page 23 of 29 3/14/2012 22 CITY OF FALCON HEIGHTS RESOLUTION No: 2007-05 April 12, 2006 AWARDING BIDS FOR XYZ AVE RECONSTRUCTION WHEREAS, pursuant to advertisement for bids for the improvement, according to the plans and specifications thereof on file in the office of the Administrator of said City, said bids were received on Wednesday, March 22, 2006, at 3:00 p.m., opened and tabulated according to law and the following bids were received complying with the advertisement: BIDDER AMOUNT Contractor A $837,872.05 Contractor B $856,341.41 Contractor C $862,949.65 Contractor D $992,212.92 Contractor E $1,055,872.81 WHEREAS, it appears that Contractor A is the lowest responsible bidder at the tabulated price of $837,872.05 and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: 1. The Mayor and Administrator are hereby authorized and directed to enter into a contract with Contractor A, for $837,872.05 in the name of the City of Falcon Heights for the above improvements according to the plans and specifications thereof heretofore approved by the City Council and on file in the office of the City Administrator. 2. The City Administrator is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids except the deposits of the successful bidder and the next lowest bidder shall be retained until contracts have been signed. Page 24 of 29 3/14/2012 23 CITY OF FALCON HEIGHTS RESOLUTION NO. 2007-06 RESOLUTION DECLARING COST TO BE ASSESSED RECEIVING PROPOSED SPECIAL ASSESSMENT ROLL AND PROVIDING FOR HEARINGS FOR THE HAMLINE/ HOYT RECONSTRUCTION PROJECT WHEREAS, contracts have been let and costs have been determined for the XYZ Avenue Reconstruction project on all that property adjacent to the road for the reconstruction of the street by the installation of bituminous paving, concrete curb and gutter, storm sewer, landscaping, utility repair, and necessary appurtenances; and WHEREAS, the forgoing is in the area described in the legal notice relating to the original hearing on the improvements and the resolutions relating thereto, and the City will pay $572,639.80 as its share of the cost. The cost to be specifically assessed is hereby declared to be $16,819.82; and BE IT RESOLVED by the Council of the City of Falcon Heights, that the proposed 2006 assessment roll for the XYZ Avenue reconstruction project now on file and open to public inspection in the office of the City Administrator is approved, and the Administrator is directed to publish and mail notices stating that the Council will meet to consider the proposed assessments on November 8, 2006, at the City Hall, 2077 Larpenteur Avenue W, in the City of Falcon Heights at 7:00 o’clock p.m. The notices shall state the date, time, and place of the meeting, the general nature of said improvement, the area proposed to be assessed, the total amount of the proposed assessment, that the proposed assessment roll is on file with the Administrator, that written or oral objectives thereto by any property owner will be considered, and shall contain such other provisions as may be required by law. The first installment will be payable with interest at the rate of 6.25 percent per annum on the entire assessment from the date of the resolution levying the same to December 31, 2006, and each subsequent installment will be payable with one year’s interest at said rate on all unpaid installments, except that no interest will be charged if the entire assessment as to any parcel is paid at the office of the Treasurer within 30 days from the adoption of the assessment roll. It shall be published in the official newspaper of the City at least once, and shall be mailed to the owner of each parcel described in the assessment roll, not less than two weeks prior to the date of said meeting. For the purpose of such mailed notice, owners of said parcels shall be those shown as such on the records of the County Treasurer. Every property owner whose name does not appear on such records (other than owners of property which is tax exempt or is taxed on a gross earning basis) shall be deemed to have waived such mailed notice unless he had requested in writing that the County Treasurer include his name on the records for this purpose. Page 25 of 29 3/14/2012 24 APPLICATION FOR DEFERMENT OF SPECIAL ASSESSMENTS To the City Council of the City of Falcon Heights, Ramsey County, Minnesota. ____________________________________________ (Applicant) being first duly sworn deposes and states: 1. That Applicant is the owner of the following described real estate located in the City of Falcon Heights, Ramsey County, Minnesota: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ ___________________________________________________________. 2. Pursuant to Minn. Stat. S435.193, et. seq. and Falcon Heights Council Resolution 2007-09, Applicant requests deferral of the payment of special assessment for the ________________________ improvement. 3. In support of this request, Applicant represents as follows: a. Applicant is over 65 years of age; b. Applicant is permanently and totally disabled as follows:_______________________________________ ________________________________________________ ________________________________________________ _______________________________________________. c. Applicant's annual gross income plus tax-exempt income is $________________. 4. Applicant declares that the foregoing information is true and correct and agreed to immediately inform the Falcon Heights City Administrator should any of the foregoing information change, and agrees that if the deferral is granted, Applicant will immediately upon termination of the deferral pay to the City the deferred assessment with interest. Dated:__________________________ __________________________________ Applicant Page 26 of 29 3/14/2012 25 CITY OF FALCON HEIGHTS RESOLUTION NO. 2007-06 A RESOLUTION OF THE CITY OF FALCON HEIGHTS APPROVING DEFERRED ASSESSMENTS WHEREAS, the Applicant has presented to the City Council an application for deferral special assessments pursuant to law; and WHEREAS, the Applicant is over age 65, totally and permanently disabled and meets the other requirements for deferral of special assessments; NOW, THERFORE, BE IT RESOLVED, by the City Council of the City of Falcon Heights, Minnesota as follows: 1. ______________________________________ (the Applicant) is hereby granted deferral of payment of special for the __________________________ Improvement on parcel number _____________ on the following conditions: 2. That the conditions described in the application for deferral continue to exist. 3. This deferral shall terminate after a period of __________ years. 4. This deferral shall terminate upon: a. Applicants death, provided that the spouse is otherwise not eligible for the benefits hereunder; b. The sale, transfer or subdivision of the property or any part thereof; c. If the property should, for any reason, lose its homestead status; d. If for any reason the City Council determines that there would be no hardship to require immediate or partial payment. 2. Those sums otherwise due and payable for the special assessments shall accrue interest at the rate of _____%, which interest shall be paid with property taxes during the deferral period. Done at a _______________________ meeting of the City Council of the City of Falcon Heights this _____ day of __________________, 20___. Page 27 of 29 A-27 Page 28 of 29 281 282 283 ´ 0 4020 Feet Falcon Heights City Hall2077 Larpenteur Ave W, Falcon Heights, MN 55113Sack Thongvanh- City Administratorsack.thongvanh@falconheights.org651-792-7611Peter Lindstrom- Mayormayorlindstrom@gmail.com651-324-4831 2011 Aerial 0 15 30 45 60 FT SIDEWALK PROPERTY LINE [APPROX] 2077 LARPENTEUR AVE W. PR O P E R T Y L I N E [ A P P R O X ] PARKING LOT DRIVEWAY PR I O R A V E DR I V E W A Y B LARPENTEUR AVE W. PARKING LOT A SIDEWALK STORMSEWER INFRASTRUCTURE [APPROX LOCATION] PARKING PROPOSED BMPs LEGEND BMP ID A BMP TYPE SIZE [SQ-FT]COST ESTIMATE WQ RANK ESTIMATED GRANT DESIGN SERVICES AVAILABLE [Y/N] NOTES CLEAN WATER PLAN PROPERTY OWNER: FALCON HEIGHTS ADDRESS: 2077 LARPENTEUR AVE W. FALCON HEIGHTS, MN 55113 DATE: 6/21/2016 CLEAN WATER PLAN PROVIDED BY: CAPITOL REGION WATERSHED DISTRICT [CRWD] & RAMSEY CONSERVATION DISTRICT [RCD] 330 $5,700 2 $2,527 Y 1.CONCEPTUAL DRAWING FOR REFERENCE USE ONLYRAINGARDEN SURFACE WATER FLOWDOWNSPOUT RAINGARDEN CONTOUR (1 FT) B 1,000 $11,900 1 $11,900 YRAINGARDEN CURB-CUT CATCH BASIN Page 29 of 29