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HomeMy WebLinkAbout08-03-2022 Workshop MeetingCITY OF FALCON HEIGHTS City Council Workshop City Hall 2077 West Larpenteur Avenue AGENDA August 3, 2022 6:30 P.M. A. CALL TO ORDER: B. ROLL CALL: ANDREWS ___ GUSTAFSON____ LEEHY___ MEYER ___ WEHYEE___ STAFF PRESENT: LINEHAN____ C. PRESENTATIONS: D. POLICY ITEMS: 1. Lauderdale Plowing Proposal 2. Snow and Ice Control Plan & Map Update 3. Garden Avenue Discussion 4. Garden Avenue – Potential Sidewalk Funding & Maintenance 5. Proposed Schedule for 2023 Budget & Levy Workshops 6. Commercial Real Estate Broker RFP 7. Hamline Church Dining Hall Day Proclamation E. INFORMATION/ANNOUNCEMENTS: F. ADJOURNMENT: DISCLAIMER: City Council Workshops are held monthly as an opportunity for Council Members to discuss policy topics in greater detail prior to a formal meeting where a public hearing may be held and/or action may be taken. Members of the public that would like to make a comment or ask questions about an item on the agenda for an upcoming workshop should send them to mail@falconheights.org prior to the meeting. Alternatively, time is regularly allotted for public comment during Regular City Council Meetings (typically 2nd and 4th Wednesdays) during the Community Forum. BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Lauderdale Plowing Proposal Description The City of Lauderdale has reached out to the City of Falcon Heights to see if we could provide plowing services for our neighboring community. Ramsey County, who once plowed both Lauderdale and Falcon Heights, has indicated to Lauderdale that they will not be able to offer plowing services for the 2022 season. Staff has reviewed the requirements with Lauderdale, and we believe it is well within our capacity to provide plowing services. The proposed contract accounts for labor, equipment, salt, depreciation and overhead costs associated with providing the service. Unlike the previous fire contract, Lauderdale will not be asked to participate in capital equipment purchases as that cost is built in to the contract. Lauderdale is understanding that the priority of plowing would be that the West Plow would finish routes in Falcon Heights (University Grove / Falcon Woods / Lindig / Tatum) before beginning in Lauderdale. Lauderdale Public Works would be responsible for any sidewalk, clean up, or other services. Budget Impact The contract would bring unanticipated revenue in 2022. The proposed starting fee for services will be $24,300, with an annual increase of 2.5% or CPI, whichever is greater. Attachment(s) • Lauderdale Plowing Map • Lauderdale Plowing Draft Agreement Action(s) Requested Discuss the proposal to provide plowing services for Lauderdale and whether to consider negotiating a contract for a future council meeting. Meeting Date August 3, 2022 Agenda Item Policy D1 Attachments Lauderdale Plowing Map, Lauderdale Plowing Draft Agreement Submitted By Jack Linehan, City Administrator RYANAVES.T.H.280 CARLST IONESTSPRINGSTSUMMERSTEUSTIS ST PLEASANT ST MALVERN ST WALNUT ST CARL ST EUSTIS ST MALVERN ST ROSELAWNAVELAKE ST WALNUT ST ST.FULHAM ST RIDGE WOOD TERRACE CARL ST HOYTEUSTIS ST.LARPENTEURAVE.AVE.FULHAM ST. DATE PROJ. NO.PlotDate:06/28/2022-2:17pmDrawingname:V:\1938\active\193801702\CAD\Dwg\19384608_Plowing_Map_2022.dwgXrefs:733 Marquette Avenue, Suite 1000 Minneapolis, MN 55402 www.stantec.com STREETS TO PLOW CITY OF LAUDERDALE PLOWING MAP 06/28/22 193801702 FIGURE1 PLOWING LENGTH = 27,180 LF CONTRACT AGREEMENT FOR SNOW REMOVAL SERVICES THIS AGREEMENT, is made as of the _____ day of ________, 2022 by and between the City of Falcon Heights, Minnesota, a Minnesota municipal corporation (hereinafter “Falcon Heights") and the City of Lauderdale, Minnesota, a Minnesota municipal corporation (hereinafter “Lauderdale”). WITNESSETH: That Falcon Heights, for and in consideration of the payment or payments hereinafter specified to be made by Lauderdale at the times and in the manner set forth in this Agreement, hereby covenants and agrees to furnish and provide all materials, service, labor, equipment and supplies necessary to perform its obligations under this Agreement in accordance with the terms set forth herein. 1. FALCON HEIGHTS’ DUTIES. Falcon Heights shall remove snow and ice from Lauderdale streets, as identified in Exhibit A, as conditions demand. The foregoing notwithstanding, Falcon Heights shall complete plowing of Lauderdale streets as specified in Exhibit B: Administrative Manual Section VII: Snow and Ice Control. 2. FALCON HEIGHTS’ UNDERSTANDINGS. A. It is understood and agreed that the Falcon Heights, by careful examination, satisfied itself as to the nature and location of the work, the conformations, character, quality and quantity of the work and all other matters which can in any way effect the work under this contract. No verbal agreement with any officer, agent or employee of the City, either before or after the execution of this contract, shall affect or modify any of the terms or obligations herein contained. B. It is understood by Falcon Heights that the use of subcontractors must receive written approval from the Lauderdale City Administrator before any work is commenced. If the Lauderdale City Administrator approves the use of a subcontractor and Falcon Heights uses a subcontractor, Falcon Heights must pay the subcontractor within 10 days of the receipt of payment from Lauderdale for undisputed services provided by the subcontractor, and Falcon Heights must pay the subcontractor interest of 1½% per month on any undisputed amount not paid to the subcontractor within said 10-day period in accordance with Minnesota Statutes 471.425, Subd. 4a. C. It is understood by Falcon Heights that the ordering and storing of salt shall be their responsibility, and that that no salt will be stored in Lauderdale unless authorized in advance by the City Administrator. D. If any work is missed or considered unsatisfactory by the Lauderdale City Administrator, they shall notify the Falcon Heights City Administrator to work out a solution to Lauderdale’s satisfaction. 3. BONDS AND INSURANCE. Before Falcon Heights is permitted to engage in the business of snow removal and/or salting/sanding Lauderdale city streets, Falcon Heights will keep in full force for the duration of this agreement the following insurance: A. WORKERS COMPENSATION. Falcon Heights shall maintain workers’ compensation insurance to the extent and limits required by applicable law for all employees employed by it and all subcontractors shall be required to maintain said insurance on identical terms as are set forth herein. Before commencement of work, Falcon Heights shall provide to the Lauderdale a Certificate of Insurance showing evidence of this coverage or provide evidence of qualification as a self-insurer of workers’ compensation. B. EMPLOYERS LIABILITY COVERAGE. If any employees of Falcon Heights are engaged in hazardous or other work not covered by the aforesaid workers’ compensation Insurance, Falcon Heights shall provide, and shall require any subcontractor to provide, employer’s liability coverage in the same amounts and on the same terms as are set forth herein for Falcon Height’s public liability coverage, for the protection of said employees. C. PUBLIC LIABILITY AND PROPERTY DAMAGE. Falcon Heights shall maintain commercial general liability (CGL) insurance with a limit of not less than $1,500,000 per occurrence. The CGL insurance shall cover, without limitation, liability arising from public liability, personal injury, accidental death, property damage, and contractually assumed liability covering obligations assumed under this Agreement. Lauderdale shall be named as an additional insured on the policy and the policy shall contain a waiver of subrogation as to Lauderdale. Before commencement of work, Falcon Heights shall provide to Lauderdale a Certificate of Insurance. The certificate and the required insurance policy shall contain a provision that the coverage afforded under the contract will not be cancelled or permitted to expire until at least 30 days written notice has been given to Lauderdale. D. AUTOMOTIVE INSURANCE. Falcon Heights shall maintain automobile liability insurance on all self-propelled vehicles used in connection with the performance of this contract, whether owned, non-owned or hired with a combined single limit of not less than $1,500,000 each accident. Before commencement of work, Falcon Heights shall provide to Lauderdale a Certificate of Insurance acceptable to Lauderdale. The certificate and the required insurance policy shall contain a provision that the coverage afforded under the contract will not be cancelled or permitted to expire until at least 30 days written notice has been given to Lauderdale. 4. INDEMNIFICATION. Falcon Heights shall (and shall cause any subcontractor to) defend, indemnify and save harmless Lauderdale, its officers, elected officials, employees and agents from and against all losses, claims, demands, payments, suits, actions, recoveries and judgments of every nature, including those based upon negligence or strict liability in tort, and including those brought for property damage, bodily injury or death, by reason of any act or omission by Falcon Heights, its subcontractors, agents, employees, or anyone else it controls or exercises control over, in the performance of the work or otherwise arising out of or relating to the Falcon Height’s work or performance under this Agreement. Falcon Heights understands and agrees that the obligation to indemnify Lauderdale under this Agreement is not limited or affected by the amount of insurance obtained and carried by Falcon Heights in connection with this Agreement. This obligation of Falcon Heights to indemnify the Lauderdale shall survive termination of this Agreement. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or limitation on liability to which Lauderdale is entitled under Minnesota Statutes, Chapter 466 or otherwise. 5. INDEPENDENT CONTRACTOR. All services provided pursuant to this Agreement shall be provided by Falcon Heights as an independent contractor and not as an employee of Lauderdale for any purpose. Any and all officers, employees, subcontractors, and agents of Falcon Heights, or any other person engaged by Falcon Heights in the performance of work or services pursuant to this Agreement, shall not be considered employees of Lauderdale. Any and all actions which arise as a consequence of any act or omission on the part of Falcon Heights, its officers, employees, subcontractors, or agents, or other persons engaged by Falcon Heights in the performance of work or services pursuant to this Agreement, shall not be the obligation or responsibility of Lauderdale. Falcon Heights, its officers, employees, subcontractors, or agents shall not be entitled to any of the rights, privileges, or benefits of Lauderdale’s employees, except as otherwise stated herein. 6. TERM; TERMINATION. The term of this Agreement shall commence on October 1, 2022 and end on May 1, 2026 The foregoing notwithstanding, in the event of willful failure or neglect by Falcon Heights or its employees or agents to comply with the prescribed terms and conditions contained in the Agreement, or any applicable laws, ordinances, restrictions and regulations, or if Falcon Heights fails to perform services under this Agreement to the satisfaction of Lauderdale, in Lauderdale’s sole discretion, this Agreement may be terminated by Lauderdale upon delivery of 30 days written notice to Falcon Heights. In the event of nonpayment or by direction of the Falcon Heights City Council, this agreement may be terminated by Falcon Heights with 60 days written notice. 7. PAYMENT. Lauderdale agrees to pay Falcon Heights on the basis of contract prices set forth in Exhibit C. Payment shall be made no more frequently than monthly. Lauderdale will pay all uncontested invoices in the same manner as other claims submitted to Lauderdale and in accordance with state law. 8. NOTICES. All notices required to be given by either party pursuant to this Agreement shall be in writing and sent to the other party at the following addresses: To Falcon Heights: City of Falcon Heights Attention: City Administrator 2077 Larpenteur Ave W Falcon Heights, MN 55113 To Lauderdale: City of Lauderdale Attention: City Administrator 1891 Walnut Street Lauderdale, MN 55113 All notices shall be deemed received when delivered, if hand-delivered, or three business days after deposit with the United States Postal Service, postage prepaid. Notices by telefax or email alone are not sufficient. The addresses for notices may be changed by the parties from time to time by delivery of written notice to the other party as provided herein. 9. HEADINGS AND CAPTIONS. The headings and captions of sections and paragraphs are for purposes of convenience of reference only and shall not be used to construe the meaning of any provision contained in this Agreement. 10. VALIDITY; SEVERABILITY. The provisions of this Agreement are severable. If any provision or provisions of this Agreement shall be held to be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired. 11. EQUAL OPPORTUNITY. In performing this Agreement, Falcon Heights will ensure that no person was or is excluded from full employment rights or participation in or the benefits of any program, service or activity on the ground of race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status or national origin; no person who is protected by applicable federal or state laws, rules or regulations against discrimination otherwise has been or will be subjected to discrimination. 12. ENTIRE AGREEMENT; AMENDMENT. This Agreement and any attached exhibits constitute the entire agreement between Falcon Heights and Lauderdale and supersede any and all other written or oral agreements between the parties. This Agreement can be modified or amended only by written agreement signed by Falcon Heights and Lauderdale. 13. THIRD PARTY RIGHTS. The Parties to this Agreement do not intend to confer on any third party any rights under this Agreement. 14. DATA PRACTICES. Data provided, produced or obtained under this Agreement shall be administered in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Falcon Heights will immediately report to Lauderdale any requests from third parties for information relating to this Agreement. Falcon Heights agrees to promptly respond to inquiries from Lauderdale concerning data requests. 15. AUDIT. Falcon Heights must allow Lauderdale, or its duly authorized agents, and the state auditor or legislative auditor reasonable access to Falcon Heights’ books, records, documents, and accounting procedures and practices that are pertinent to all Services provided under this Agreement for a minimum of six years from the termination of this Agreement. 16. WAIVER. Any waiver by either party of a breach of any provision of this Agreement will not affect, in any respect, the validity of the remainder of this Agreement. 17. NO ASSIGNMENT. Except as expressly detailed in section 2(b), this Agreement may not be assigned by either party without the written consent of the other party. 18. COMPLIANCE WITH LAWS. Falcon Heights shall exercise due professional care to comply with applicable federal, state and local laws, rules, ordinances and regulations in effect as of the date Falcon Heights agrees to provide the applicable services. 19. APPLICABLE LAW. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. City of Falcon Heights, Minnesota By: _______________________________ Mayor Randy Gustafson Attest: _______________________________ Jack Linehan, City Administrator City of Lauderdale, Minnesota By: _______________________________ Mayor Mary Gaasch Attest: _______________________________ Heather Butkowski, City Administrator EXHIBIT A Map of Lauderdale Street to be Plowed EXHIBIT B Snow and Ice Control Plan Exhibit C: Pricing Budget 2022 2023* 2024* 2025* 2026* *Annual CPI for Minneapolis-St. Paul-Bloomington area or 2.5%, whichever is greater $ 24,300 $ 24,908 $ 25,530 $ 26,168 $ 26,823 Page 1 of 5 Administrative Manual Section VII D. GUIDELINES FOR SNOW AND ICE CONTROL 1. Introduction The City of Falcon Heights believes that it is in the best interest of the public for the city to assume basic responsibility for control of snow and ice on city streets. Reasonable ice and snow control is necessary for routine travel and emergency services. The city will provide this in a safe and cost effective manner, keeping in mind safety, budget, personnel and environmental concerns. City crews remove snow on local streets, streets designated by contract within the City of Lauderdale, some public pathways, designated city parking lots at City Hall, Community Park and Curtiss Field, and ice rinks. 2. Commencement of Operations The city’s Public Works Director will decide when to begin snow or ice control operations on city streets. The criteria for that decision are: a. Accumulation of 2 inches or more, with continual snowfall, warrants commencement of plowing operations; b. Drifting of snow may warrant partial or full operations depending on conditions; c. Icing of pavements may warrant partial or full sanding operation depending on conditions; d. Time of snowfall in relationship to anticipated level of use of streets. Snow and ice control operations are expensive due to personnel and equipment costs. Consequently, street snowplowing operations will not generally be conducted for snowfalls of less than 2 inches. 3. Procedures Snow will be plowed in a manner so as to minimize any traffic obstructions. The snow shall be pushed from left to right. The discharge shall go onto the boulevard area of the right-of-way without regard for driveways or sidewalks. It is the city’s goal to have the entire street system cleared after a “typical” snowfall in approximately 5 hours. Depending on snowfall conditions, duration of the storm, equipment and personnel, cleanup operations can fluctuate. Page 2 of 5 One of the most frequent and most irritable problems in removal of snow from the public streets is the snow deposited in driveways during plowing operations. Snow being accumulated on the plow blade has no place to go but in the driveway. It is not possible to comply with special requests or conduct special maneuvers in attempt to minimize snow in driveways. 4. Priorities and Schedules a. Street snowplowing The city has designated Prior Ave. (off of Larpenteur Ave.) and Garden Ave. (Hamline to Snelling Aves.) as top priorities. This classification is based on need to provide access for emergency vehicle fire and medical services and for access to the elementary school. Clearing of these streets is followed by the following neighborhoods subject to weather conditions, weather forecasts, equipment, and availability of crews. Typical routes if equipment and crews are available: East Plow West Plow 1. Northome 1. University Grove 2. Northeast 2. Falcon Woods 3. Snelling West 3. Lindig/Tatum 4. Hollywood Court 4. Lauderdale b. City Hall parking lot Clearing of snow from the city hall parking lot will be the first priority of the work week day for the Parks/Public Works staff. Evening and weekend snow removal will be done at the discretion of the Public Works Director based on scheduled meetings and facility rentals. c. Public pathways There are approximately 6 miles of paved public pathways for commuter and recreational pedestrian use. The city will plow all trails and sidewalks that abut city property and parks as conditions permit, as well as the areas along Larpenteur Avenue that are zoned Residential as indicated on the map in Appendix A. Conditions that challenge the crews ability to clear snow include: 1) recurring snowfalls resulting in snow accumulation; 2) drifting; 3) limited space for snow storage and 4) availability and condition of the equipment. Pathway clearing is conducted by the Parks/Public Works staff between 8:00 am and 4:00 pm. A map of sidewalks and trails in included as Appendix A to these guidelines. Page 3 of 5 d. Ice Skating Rinks Ice rinks are maintained for the recreational pleasure of the community. Given the high level of community use of the rinks outside of the traditional workday and workweek, rinks are kept free of snow and open for use during these times. Removal of snow from the ice rinks will be done at the discretion of the Public Works Director. Generally, if a “weekend” snowfall should occur and cease prior to noon Sunday, an attempt will be made to clear the rinks and make them available for the weekend. Generally, if a “weekday” snowfall ceases prior to 4:00 p.m., an attempt will be made to make the rinks available for the evening. Consideration of the following factors will be given in the scheduling of ice rink snow removal: condition of pathways (passable), current weather conditions and forces (favorable for skating). 5. Use of Sand and Salt The city limits the use of sand and salt because it can have adverse effect on the environment. Application is limited to steep grades, curves and intersections and is not intended to provide for widespread bare pavement during winter conditions. The city is not responsible for damage to grass caused by the sand/salt mixture and therefore will not make repairs or compensate residents for salt damage to turf areas in the right-of-way. 6. Property Damage Snowplowing and ice control operations can cause property damage even under the best of circumstances and care on the part of the operators. The most common types of damage are to improvements in the right-of-way which extends about 10 to 15 feet beyond the curb. The intent of the right-of-way is to provide room for snow storage, utilities, sidewalks and other city uses. The city will assume no liability for personal property that is stored in the right-of-way. Damage to fences, trees or other structures will be repaired or replaced by the city if they are on private property and if the damage could have been avoided. Turf that is scraped or gouged by plow equipment will be repaired by top dressing and seeding the following spring if the damage could be avoided. Residents are requested to assist by watering the areas that are repaired. The city will assume liability for mailboxes damaged during plowing, if it is determined that the plow made direct contact with a mailbox. If a mailbox is damaged due to indirect contact, including the force of snow, the city assumes no responsibility. Final cleaning adjacent to mailboxes is the responsibility of each property owner. 7. Fire Hydrants Each of the 150 or so fire hydrants scattered throughout the city are equipped with a marker for the purpose of providing increased visibility during the winter season. In addition, the city will encourage residents to keep hydrants clear of snow. Hydrants at Page 4 of 5 major intersections and covered by heavy snow from plows will be kept accessible as needed and as feasible with city crews and equipment. 8. Parking Restrictions Providing quality snow removal on city streets requires the street to be free of vehicles or other obstacles. Vehicles left parked on the street for extended periods of time created significant operational problems for snowplow operators as well as safety problems due to packed snow and ice remaining on the roadway around the vehicle. Parking on city streets is not allowed after a 2 inch accumulation of snow. Vehicles must remain off the streets for up to 48 hours or until a street have been plowed full-width, whichever comes first. In the instance that streets have been plowed but an additional 2 inches or more of snowfall occurs, vehicles must remain off the street (see City Code Section 46-28). Any vehicle parked in violation of the City Code is subject to a parking citation and is also declared to be a public nuisance. This nuisance may be abated by removing and towing away vehicles under the direction of the Ramsey County Sheriff’s Department. From November 15 to April 1, residents may park one passenger vehicle on the unsurfaced portion of their front yard. This provision only applies to properties with a single-width driveway. The vehicle must be parked parallel to the driveway (see City Code Section 113-310). 9. Responsibility of Property Owners Residents and/or their contracted snow removal company must keep all snow on the private property. It is a public nuisance to shovel or plow snow into or across the streets or alleys. Clearing of alleyways is the responsibility of property owners adjacent to the alley. The alley must be cleared within 24 hours after snowfall has ended. Residents are encouraged to manage the alley with one contractor so as to have a uniform plowing. Some sidewalks in the city must be cleared by the adjacent property owners (see Appendix A). Public sidewalks must be cleared of snow and ice within 24 hours after a storm has ended. Failure to do so is a public nuisance. City staff will monitor the sidewalks and will leave door hangers to remind residents of the sidewalk snow removal regulations. Sidewalks that are not cleared in the appropriate timeframe may be cleared by city staff or a contracted party. The cost of abatement will be billed to the property owner (see City Code Section 22-48). In only the most extreme instances will City staff provide a courtesy plow of sidewalks that are not usually maintained by the City. If snow removal occurs during a day of trash collection, receptacles awaiting pickup should be set back at least two feet behind the curb line, not in the street. Page 5 of 5 10. Information and Comments Comments and complaints will be taken during normal working hours at city hall. Complaints that warrant a short term response will typically be responded to within 24 hours of receiving the complaint, whenever feasible to do so. Policy amended by City Council on February 26, 2020 BLANK PAGE  REQUEST FOR COUNCIL ACTION (RCA) City of Falcon Heights, Minnesota __________________________ Item Path/Sidewalk Maintenance Map Description Larpenteur Avenue The City of Falcon Heights has sidewalks that run parallel to Larpenteur Avenue from Hamline Avenue to Coffman Street on the south and Fulham Street on the north. These sidewalks service residential and commercial uses as well as the State Fair and the University of Minnesota. Larpenteur Avenue is a County Road. It is classified as an A-Minor Arterial road which contains four drive lanes servicing thousands of cars a day, approximately 17,200 in 2015 per the City of Falcon Heights Comprehensive Plan. For snow removal on Larpenteur Avenue, Ramsey County maintains a clear pavement, curb to curb policy. Due to the little, or no, boulevard on Larpenteur Avenue the snow storage for Larpenteur Avenue is de facto the sidewalk. Currently, the City requires and specifies that all property owners must remove all snow and ice off the sidewalks within 24 hours of the end of a snow event. Generally, there must not be snow or ice on the sidewalk per the City’s nuisance ordinance. Larpenteur Avenue presents unique challenges to this requirement. The narrow boulevard places most, if not all, ice and snow from all four lanes on the sidewalk. The volume of snow and ice is a great burden for property owners who do not have professional or commercial grade equipment. Additionally, the City has been notified of instances where the County will continue to plow Larpenteur Avenue after property owners have cleared their sidewalks. This makes sidewalks appear uncleared and subject to code violation even though the owner has already put in effort to clear their sidewalk in a timely manner. The clearing of sidewalks on Larpenteur Avenue has been an area of contention for property owners. City staff received frequent complaints from owners that remove snow multiple times and still receive letters of enforcement because the County as cleared the road later in the week and deposited additional snow on the sidewalk. City staff also received frequent complaints from travelers on the sidewalks who complain that the walkways are not passable. City staff recommends revisiting the snow removal policy for Larpenteur Avenue, an A-Minor Arterial road, to alleviate the burden on property owners. Meeting Date August 3, 2022 Agenda Item Policy D2 Attachment Updated Path and Sidewalk Maintenance Map Submitted By Tim Pittman, Public Works Director Budget Impact Attachment(s) Updated Path and Sidewalk Maintenance Map Action(s) Requested Staff recommends the City Council discuss the proposed updated path and sidewalk maintenance map. Proposed City Maintained BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Garden Avenue Discussion Description On June 1, 2022 City staff gave council an update on the Garden Avenue project. Staff has held two public engagement meetings. Both meetings focused on Garden Avenue possible layouts and discussion on the Ruggles right of way corridor between Pascal and Holton. The first was on April 5, 2022, and showed new concepts and the existing layout that could be done between Snelling and Holton. The second meeting, held on July 20, 2022, expanded on the first meeting by showing four concepts (A, B, C, D) from Snelling and Holton and the existing option. Additionally, four concepts (E, F, G, and Existing) where shown for the segment between Holton and Hamline. A comment summary from both meetings, including phone and email comments received to date, is included as Attachment C. Based on the feedback from residents to date, staff has simplified the concepts down to four options for Snelling to Holton and three for Holton to Hamline. Any option west of Holton could work with any option east of Holton by transitioning the roadway similar to how the road transitions today. This also applies to possible sidewalk as it could be just constructed east of Holton. Attachment A is an option summary that details the differences between each option. Attachment B is a comparison table that compares how each option meets goals of the project. The proposed next steps related to the 2023 PMP, including when Council decisions are need are as follows; • August 3 - Receive Concept Presentation • August/September – Make decision on whether sidewalks will be assessed/maintained by the City if sidewalk is included in the approved layout. This is needed so it can be included in concept analysis portion of the feasibility report. • August/September – Make decision on whether to include Ruggles Pathway connection in the 2023 PMP prior to the feasibility report. • September – Hold Neighborhood Meeting for Falcon Woods • October – Make decision on if to include Falcon Woods in the 2023 PMP prior to the feasibility report. Meeting Date August 3, 2022 Agenda Item Policy D3 Attachment Concept Summary, Comparison Table Comment Summary, Ruggles Pathway Map, 2023 PMP Map Submitted By Jesse Freihammer, City Engineer • October – Accept Feasibility Report/Set Public Hearing Date • November – Hold Public Hearing/Approve Layout/Order the Improvement • February/March 2023 – Award Project • June -August 2023 – Construction • September/October 2023 – Final Assessment Public Hearing Budget Impact Construction and maintenance of Garden Avenue will have costs for both the City and residents. These costs would be ultimately determined in a feasibility report. Attachment(s) Concept Summary Comparison Table Comment Summary Ruggles Pathway Map 2023 PMP Map Action(s) Requested Receive updates and provide feedback and direction to Garden Avenue project layouts. www.cityofroseville.com/FH2023PMP Garden Avenue - Option Summary August 3, 2022 City Council Meeting Concept Summary Please note: Elements from the different concepts can be “mixed and matched” to create the best project for the neighborhood. Sidewalk concepts would construct the sidewalk at the existing curb line to preserve driveway parking. Parking bump-outs, rather than on the whole block, may be an appropriate option as well. Segment 1 - Garden Ave – West of Holton Street Option 1 (Existing Street Design) Street Width 36 Feet 11-foot Drive Lanes 7-foot Parking Lanes on Both Sides Option 2 (Existing Street Design Modified) Street Width 36 Feet 11-foot Drive Lanes 8-foot Parking Lanes on South Side 6-foot shoulder on North Side, No Parking www.cityofroseville.com/FH2023PMP Segment 1 - Garden Ave – West of Holton Street Option 3 (Concept B modified) Street Width 34 Feet (Narrowed 2 Feet by Moving the North Curb) 11-foot Drive Lanes 7-foot Parking Lane on South Side 5-foot shoulder on North Side, No Parking Option 4 (Concept A) Street Width 29 Feet (Narrowed 7 Feet by Moving the North Curb) 11-foot Drive Lanes 7-foot Parking Lane on South Side 7-foot Sidewalk on North Side, Next to the Curb www.cityofroseville.com/FH2023PMP Segment 2 - Garden Ave – Holton to Hamline Option 5 (Existing Design) Street Width 42 feet 12-foot drive lanes 9-foot parking south side only 9-foot shoulder north side currently signed no parking. No sidewalk www.cityofroseville.com/FH2023PMP Option 6 (Concept G) Street Width 32-foot (Narrowed 10 Feet by Moving North Curb) 12-foot drive lanes 8-foot parking south side only Elimination of north shoulder currently signed no parking. No sidewalk East of School Property: North Side Shoulder for School Pick-Up Queuing, No Sidewalk In front of school In front of 1807 Hamline www.cityofroseville.com/FH2023PMP Option 7 (Concept F) Street Width 32-foot (Narrowed 10 Feet by Moving North Curb) 12-foot drive lanes 8-foot parking south side only Elimination of north shoulder currently signed no parking. 6-foot sidewalk 5-foot Boulevard between sidewalk and curb adjacent to the School Property East of School Property: North Side Shoulder for School Pick-Up Queuing, 7-foot Sidewalk, No Boulevard Bumpouts at intersection to eliminate parking near intersection/shorter pedestrian crossings In Front of School In Front of 1807 Hamline No Goals Achieved Partial Goals Achieved Highest Goals Achieved Segment 1 - Snelling to Holton Option 1 Option 2 Option 3 Option 4 Project Goals Exisiting Street, 36', No Sidewalk, Parking Both Sides Existing Street, 36', Modified Striping, No Sidewalk, Parking South Side Only Concept B.2 - Narrow to 34', No Sidewalk, Parking South Side Only Concept A - 29' with Sidewalk Traffic Calming Pedestrian Safety, Sidewalks and Trails Ease of Maintenance Additional Green Space On Street Parking Maintain Driveway Length Segment 2 - Holton to Hamline Option 5 Option 6 Option 7 Project Goals Exisiting Street, 42, Parking South Side Only Concept G, 32', No sidewalk, Parking South Side Only Concept F, Narrow to 32', Sidewalk, Parking South Side Only Traffic Calming Pedestrian Safety Ease of Maintenance Green Space On Street Parking Maintain Driveway Length Note - The western portion of segment 2 will be a transition to the design chosen Segment 1 similar to the current roadway. Comparison Table for Garden Avenue Garden Avenue Open House Comments Email comments received Tuesday, April 5, 2022 #Comments 1 The Ruggles corridoor is used as a student route to FH Elementary. Could a sidewalk be added on the south side of Ruggles, east of Holton for students? 2 Regarding the Ruggles pathway connection; "Art and Irene do not want it" (1857 Holton) 3 Regarding the Ruggles pathway connection; "1865 does not want a paved path" (Holton) 4 Regarding the Ruggles pathway connection; "1860 Pascal does not want sidewalk" 5 Regarding the Ruggles pathway connection; "Joon does not want it" (1864 Pascal) 6 Cost involved with each option & cost without sidewalk or cost part of sidewalk should be evaulated 7 "If sidewalk in front of school, neigborhood assesment makes sense" 8 Can franchise fees be used for the sidewalk? 9 "...after other possible state/federal/local funding sources, I would be interested in a neighborhood assessment to help cover the costs of the pathway portion INSTEAD of adjacent residents only as I don't think it's fair for Garden Ave residents to have to pay for this themselves...Everyone in this neighborhood/quadrant benefits..." 10 "Parking during school events" (in front of school) 11 "All stop signs ignored" 12 "Looked inot X2 series of traffic circles for traffic calming" 13 "Decrease thru traffic" 14 "Folks don’t stop" (Holton ay Garden) 15 "Semi-trucks go through out" (On Garden) 16 "No stripes (pavement markings) please. Looks more like runway" 17 "Speed bumps" (Garden at Simpson) 18 "Enforcement of 20 mph speed limit" 19 "No yellow stripes. Pushes cars closer to people" 20 "Year-round solutions. Bike lane painted? Barrier seperated or delineated. 21 "Hopefully with a narrower street which helps w/slower traffic, biking would be safer on the road... but I know a bike path would go a long way to help with kids biking to school." 22 "Looking aerterial vs neigborhood feel. Doesn’t want yellow stripes. Cars move around walkers. 23 "Likes extra width to get over when biking" 24 "No roundabouts. Traffic lights impact windows." 25 "Stop sign compliance" 26 "I watch cars blow through the stop signs on Garden every day" 27 "1811 Simpson. Sherrie Lamb. Is sidewalk needed? No! No accidents for children. Concern about maintenance cost & funding. Likes narrowing of roadway, inc. driveway 28 Likes narrowing Garden "Not only does it resolve their concerns about lengths of their driveways... but it also goes along with making streets more pedestrian safe by slowing down traffic " 29 Wants sidewalks but cost for Garden residents should be offset, without losing driveway length and not require Garden residents to shovel snow 30 (Near 1802 Asbury) " Mobility issues are helped by on-street parking. More room on sides for folks to walk , rather than narrow roadways. 31 (Near 1802 Asbury) "No options shown w/o sidewalks!! No history of accidents. Safety not a recorded concern. Propert value concerns. Parking very important. Short driveways. 32 (EB Garden near Snelling) "Visual on 20 mph" 33 "Neighborhood connection options. Bridge?" (across Snelling) 34 "Close access" (Close Garden connection to Snelling) 35 "Left Turn Green yield issues for peds. Signal check ped walk times. Senior citizen access to bus stops (Snelling/Larpentuer) 36 Drainage issues in front of sidewalks at the church property n. to Garden Includes written comments on layouts. Garden Avenue Open House Comments Email comments received Location for specific comments included in ( ) Wednesday, July 20, 2022 # Comments 1 Option A - Where does snow go onto sidewalk? 2 Option A - Snow and ice fall (in front of driveway) 3 Option A - Add curb cut (at chruch entrance) 4 Option A - Add bump outs (at Holton Avenue) 5 Option A - Lots of kids cross here (Holton Avenue) 6 Option B - Snow plow, not walkable 7 Option C - Where do parents wait for kids? 8 Option D - Who is served by this model? No pedestrian walkway and no parking? 9 Option D - This tree block view of stop sign and is in poor health. (SW corner of Asbury and Garden) 10 Option E - Loved bumpout (at Albert) 11 Option E - Is there enough room for busses to turn (school bus entrance) 12 Option E - Concerned about garage and slab. Does not want sidewalk. Considers significant impact. 13 Option F - Who plows sidewalk? 14 Option G - Where do kids walk? 15 Option G - This is a dangerous plan. Snow banks. 16 Option G - Concerned about ped safety compared to existing. 17 Use Franchise Fees to offset the assessment cost - Garden Ave shouldn't be assessed higher than the other paved streets 18 Likes bumpouts (Albert Street and Holton) 19 School district should offer plowing to get "buy-in" from residents (school block) 20 Sidewalk (south side of the church's block), mid-block bump-out (parking lot to the church), parking for disabled church members and deliveries (south side of church) 21 Wants sidewalk, prefers Option A with snow storage. Concern about children walking on a busy street. Long term goals of the city are to be walkable, safe, connecting parks and green spaces. Both the school and church entities will be here 20 years from now.... many of these residents opposing change will NOT. 22 Leave Ruggles pathway as-is, hard for homeowners to shovel, wouldn't be used by disabled persons to get to school 23 Parking lanes are needed (school and church) 24 The city needs to find a way to help transition home owners for winter maintenance. Could the city plow the sidewalks for the first 3 years? Help find resources for those who claim they cannot afford a plow service? 25 Strongly in favor of adding sidewalks to mitigate risks to children and families going to school. Feels unsafe walking with kids to school in winter when snow drifts keep you on the road 26 Drainage concern with winter icing, several falls (church) 27 Seems fair to share assessment for sidewalk among the whole neighborhood rather than just Garden Ave 28 Likes the options narrowing the road, it was quieter back when it was narrower. 29 Likes sidewalk on Garden Ave, likes bumpouts 30 31 32 33 34 35 36 Includes written comments on layouts. Community Park CurtisField Grove Park University of MinnesotaGolf Course LARPENTEUR AVE W INTERCAMPUS TRANSIT WCLEVELAND AVE NARONA STUNDERWOOD ST NGORTNER AVECOMMONWEALTH AVE FRY STSNELLING AVE NSNELLING AVE NLINDIG STCOSGROVE ST NBUFORD PL SNELLING AVE NCLEVELAND AVE NCLEVELAND AVE NSNELLING DRDAN ELMER WAYFIELD AVEFAIRVIEW AVECOFFMAN STFOLWELL AVE ECKLES AVEDAN PATCH AVE CRAWFORD AVE SAINT MARYS STMOORE STLEE AVE STEVENS ST NBUFORD CI RMAPLE CT LIGGETT ST NAUTUMN ST FITCH AVE LINDIG AVECLOUGH ST NQUESTWOOD DR FORD STFIFIELD PLBURTON STVINCENT STMAPLE KNOLL DR HOLLYWOOD CT COSGROVE STCARTER AVE N SNELLING AVE NCALIFORNIA AVE W MURPHY AVEPRIOR AVE NBOYD AVEGARDEN AVE HENDON AVE SUMMER ST SHELDON STCARTER AVE FOLWELL AVE FIFIELD STALBERT ST NPRIOR AVE NHOWELL ST NTATUM STFAIRVIEW AVE NU P P E R B U F O R D CIR BUFORD AVE RANDALL AVE WMINNESOTA AVE W NELSON ST NJUDSON AVE W LARPENTEUR AVE W COOPER ST NUNDERWOOD ST NWRIGHT AVE W RANDALL AVE W HOYT AVE W GARDEN AVEGARDENAVE GARDEN AVEASBURY STSIMPSON STRUGGLES ST PASCAL ST NHOLTON STALBERT ST NHOLTON STARONA STALBERT ST NPASCAL ST NIDAHO AVE W IDAHO AVE W HOYT AVE W HOYT AVE W IOWA AVE WIOWA AVE W HAMLINE AVE NROSELAWN AVE W LARPENTEUR AVE WLARPENTEUR AVE WMAPLE CTROSELAWN AVE W HAMLINE AVE NJUDSON AVE WKNAPP STGIBBS AVE FIFIELD AVECOMMONWEALTH AVE GORTNER AVEBUFORD AVEBUFORD CIRDUDLEY AVE ROSELAWN AVE W FULHAM STNORTHROP AVECOFFMAN STFULHAM STHOYT AVE W F O LWE L L AV E Prepared by:City of Roseville Engineering DepartmentMarch 8, 2022 mapdoc: 2023PMP.mxdmap: 2023PMP.pdf Data Sources and Contacts:* Ramsey County GIS Base Map (2/02/22)* City of Roseville Engineering DepartmentFor further information regarding the contents of this map contact:City of Roseville, Engineering Department,2660 Civic Center Drive, Roseville MN DISCLAIMER:This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records,information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is tobe used for reference purposes only. The City does not warrant that the Geographic Information System (GIS) Data used to preparethis map are error free, and the City does not represent that the GIS Data can be used for navigational, tracking or any other purposerequiring exacting measurement of distance or direction or precision in the depiction of geographic features. If errors or discrepanciesare found please contact 651-792-7075. The preceding disclaimer is provided pursuant to Minnesota Statutes §466.03, Subd. 21 (2000),and the user of this map acknowledges that the City shall not be liable for any damages, and expressly waives all claims, and agrees todefend, indemnify, and hold harmless the City from any and all claims brought by User, its employees or agents, or third parties whicharise out of the user's access or use of data provided. Proposed 2023Pavement Management Project ´ 0 250 500 750 1,000Feet 2023 Mill & Overlay Project 2023 Reclaim BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Garden Avenue – Potential Sidewalk Funding & Maintenance Description As noted in City Engineer Freihammer’s RCA for item D3, the City will need to determine whether sidewalks will be assessed/maintained by the City if a sidewalk is included in the approved layout for Garden Avenue. This is needed so it can be included in the concept analysis portion of the feasibility report. Funding The City’s Assessment Manual was last adopted in 2007. Item II (G) – Sidewalks, trails and pathways directs that the City will assess residential properties at a rate of 25% of the per foot cost multiplied by total front footage, 40% for commercial, and 100% for non-profits. Current layouts that include sidewalk only have sidewalk on the north side of the street. There are 13 total properties on the north side of Garden from Snelling to Hamline, with the largest property being Falcon Heights Elementary and the second being the United Church’s parking lot. Estimates in the spring indicated that a sidewalk for the entire north side of Garden would cost approximately $313,000.00 to install. Applying our assessment policy as currently adopted, this would mean approximately $3,000 up to $15,000 per parcel assessment for the installation. There are three primary options that can be considered if a sidewalk were to be installed: 1. Apply the assessment policy as written. 2. Develop a Sidewalk Improvement District, as indicated in State Statute 435.44, with the district paying their share of the assessment up to five years. 3. Determine that the sidewalk is a regional pathway, similar to Cleveland and Fairview, and pay for installation of the path through a citywide levy and/or use of fund balance. Meeting Date August 3, 2022 Agenda Item Policy D4 Attachment Assessment Policy, 2023 G.O Bond Estimate, Estimated Tax Effect, Sidewalk District Policy, Sidewalk District Map Submitted By Jack Linehan, City Administrator For option #2, there are approximately 450 parcels within the Northeast Quadrant. If they were to pay 25% of the costs, estimates would be that the average assessment would be approximately $175, or $35 per year for five years. For option #3 and a bond, the estimate of the debt levy would be $40 per median household per year for five years, or $30 per year for seven years. This amount is for the total project cost. Applying an assessment would reduce this cost about $10 per year on the levy. Maintenance / Plowing Residents on Garden Avenue expressed concern for maintaining a sidewalk. Currently, Public Works does not assess adjacent properties for the replacement of existing sidewalk. This would remain the case for Garden. The City does have the capacity to remove snow Garden Avenue’s sidewalk, but there are concerns from neighbors in the Northhome area and other areas that have sidewalk that the City does not shovel. Additionally, the City could shovel snow in front of properties zoned Residential only, and leave sidewalk shoveling of non-profit or schools to their maintenance staff Budget Impact 2023 Budget Impact Attachment(s) • Assessment Policy • 2023 G.O Bond Estimate • Estimated Tax Effect • Sidewalk District Policy • Sidewalk District Map Action(s) Requested Provide feedback on funding and plowing direction for a proposal on a sidewalk for the Garden Avenue feasibility report. 3/14/2012 1 City of Falcon Heights Assessment Manual Adopted June 13, 2007 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. 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. 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 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 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 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 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. 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 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 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 3/14/2012 11 Appendix Index 1. Typical Minnesota Statute 429 Improvement Project Process 2. Typical Petition Forms 3. Sample Resolutions 4. Deferral Forms 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 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. 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 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 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. 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. 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 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 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. 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. 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. 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. 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 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___. A-27 2023 NOTE 6 - LONG TERM DEBT 12/31/2023 Original Interest Principal Issue Rates Outstanding Long-Term Liabilities: Government Activities: G.O. Improvement Bonds 2017A 845,000 3.0%380,000 G.O. Improvement Bonds 2021A 665,000 2.0%665,000 G.O. Improvement Bonds 2023A 845,000 3.0%845,000 estimated 1,890,000 ESTIMATED Annual debt service requirements to maturity for G.O. bonds are as follows:2017 2021 2023 Improvement Bond Improvement Bond Improvement Bond 845,000 GO Bond 665,000 GO Bond 845,000 GO Bond Principal Interest Principal Interest Principal Interest Principal Interest 2023 255,000 35,025 125,000 9,525 130,000 12,000 13,500 2024 370,000 40,525 125,000 5,775 130,000 9,400 115,000 25,350 2025 380,000 30,600 130,000 1,950 135,000 6,750 115,000 21,900 2026 250,000 22,500 135,000 4,050 115,000 18,450 2027 255,000 16,350 135,000 1,350 120,000 15,000 2028 125,000 11,400 125,000 11,400 2029 125,000 7,650 125,000 7,650 2030 130,000 3,900 130,000 3,900 - - 1,890,000 167,950 380,000 17,250 665,000 33,550 845,000 117,150 Year Ending December 31, GO Improvement Bonds ESTIMATED TAX EFFECT OF SIDEWALK BOND AT $313,000 NOTE: City Debt from the issuance of a bond is paid off by a debt levy included in the calculation of the property tax   levy for each year the debt exists. The following estimates are based on a median value home of $352,300 for 2023 as provided by Ramsey County.   After the market value exclusion the tax capacity of a median value home of $352,300 is $3468.  This tax capacity is used to calculated the estimated effect of a bond worth $313,000 for a median value home.   We attempted to keep all other variables constant in the tax calculation to see what effect only the $313,00 bond would have. IF WE DID A 5 YEAR BOND WORTH $313,000, THE PRINCIPAL AND INTEREST WOULD BE APPROXIMATELY    $64,500   EACH YEAR. Tax increase would be approximately    $40   per year. IF WE DID A 7 YEAR BOND WORTH $313,000, THE PRINCIPAL AND INTEREST WOULD BE APPROXIMATELY    $46,064    EACH YEAR. Tax increase would be approximately  $30 per year. 435.44 SIDEWALK IMPROVEMENT DISTRICTS; COSTS SPLIT BY BENEFIT. Subdivision 1.Authorized. Any municipality may, by ordinance, establish sidewalk improvement districts within a municipality, and have authority to defray all or part of the total costs of sidewalk construction and repair by district benefits and apportioning the district's cost to all of the parcels located in the district on a direct or indirect benefit basis. Subd. 2.For safety. The governing body of any municipality may establish sidewalk districts on the basis that all areas within each district have safe pedestrian walkways to and from schools and school bus stops, public transportation facilities, and other services to the neighborhood and community. Subd. 3.Uniformity; wide sidewalks; indirect benefit. The total costs of sidewalk district improvements may be apportioned and assessed to all parcels or tracts of land located in the established assessment district on a uniform basis as to each classification of real estate. Where sidewalk widths are wider than the standard width of the district, the additional costs may be assessed as a direct benefit to the abutting property. An indirect district benefit assessment may involve all parcels or tracts of land located in the assessment district without regard to location of sidewalks, as it is deemed that all parcels or tracts of land within the assessment district benefit equally. Subd. 4.Up to five years. The governing body may assess the costs on all district sidewalk improvements up to a maximum of five years on equal annual installments, plus interest on the unpaid balance. Would need to establish a City Ordinance Define improvement area Define type of improvements BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Proposed 2023 Budget Schedule Description The 2023 preliminary levy must be approved and certified on or before September 30th, 2022, and the City Budget must be approved and certified on or before December 28th, 2022. However, there are a few key dates prior to that that must be met to remain on schedule. To break up the discussion and keep us on track for approval, I am proposing additional City Workshops on the following dates: • Wednesday, August 17th – 6:30 p.m. • Wednesday, September 21st – 6:30 p.m. The full proposed budget schedule is as follows (bold indicates council meeting/action): • June o Staff prepare budget worksheets • July o Departments submit budget requests to City Administrator and Finance Director o 2nd Quarter Financial Report performed, used to guide year-end estimates for 2022 Budget • August o Year-end estimates finalized o Staff draft of budget finalized o Wednesday, August 17th  Budget Workshop #1 (Special Revenue Funds, Enterprise Funds, Debt Service Funds) • September o Wednesday, September 5th  Budget Workshop #2 (General Fund, Proposed Levy) o Wednesday, September 21st  Budget Workshop #3 (Proposed 2023 Levy and Budget) o Wednesday, September 28th  Adopt and Certify the 2023 Preliminary Levy  Set date/time for Truth in Taxation Meeting Meeting Date August 3, 2022 Agenda Item Policy D5 Submitted By Jack Linehan, City Administrator o Friday, September 30th  Certified Preliminary Levy Due to Ramsey County Auditor • October o County auditor collects and reports on tax body levies o Staff refine 2022 year-end estimates and 2023 proposed budget • November o County auditor sends out parcel specific notices for proposed levy and Truth in Taxation Date • December o Wednesday, December 14, 2022  Truth in Taxation Hearing and Budget Presentation  Adoption of 2023 Levy  Adoption of 2023 Budget o Wednesday, December 28, 2022  Final 2023 Levy and Budget Due Budget Impact Unknown Attachment(s) N/A Action(s) Requested Discuss the proposed budget workshop schedule. BLANK PAGE  REQUEST FOR COUNCIL ACTION Families, Fields and Fair __________________________ The City That Soars! Item Commercial Real Estate Broker RFP Description The City of Falcon Heights leases the Community Park land from the University of Minnesota and the current lease agreement is set to expire at the end of 2024. Both parties have expressed interest in the City purchasing the land from the University, and both have completed a commercial appraisal of the property. Due to the scale of this land acquisition, staff have determined it’s within the City’s best interest to obtain commercial real estate brokerage services. With approval from Council, staff would plan to issue a Request for Proposal (RFP) on August 12, and provide Council with a recommendation mid-September. The goal is to have qualified individuals or firms help staff navigate real estate transaction services, negotiations, and proper documentation and execution of the entire process. Staff is seeking direction on the next steps to engage with a qualified commercial real estate broker. Budget Impact Attachment(s) RFP Action(s) Requested Provide staff direction on the next steps for engaging with a commercial real estate broker. Meeting Date August 3, 2022 Agenda Item Policy D6 Attachments RFP Submitted By Jack Linehan, City Administrator 1 August 12th, 2022 REQUEST FOR PROPOSAL The City of Falcon Heights Professional Commercial Real Estate Brokerage Services Bid Submittal Deadline: August 26th, 2022 at 12 p.m.. Prepared By: Jack Linehan, City Administrator City of Falcon Heights 2077 Larpenteur Ave West Falcon Heights, MN 55113 jack.linehan@falconheights.org 651-792-7611 2 Request for Proposal TABLE OF CONTENTS SECTION 1: INTRODUCTION SECTION 2: PROCESS SECTION 3: SCOPE OF SERVICES SECTION 4: PROPOSAL FORM AND CONTENT SECTION 5: EVALUATION CRITERIA 3 SECTION 1 INTRODUCTION The City of Falcon Heights, Minnesota currently leases our 14.50-acre Community Park from the University of Minnesota (U of M). The current lease agreement, which dates back to the 1980s,allows the City to use and operate structures on the U of M’s property for $1.00 annually in lease payments. As the lease term comes to an end, both parties have expressed interest in the City of Falcon Heights purchasing the land from the U of M to allow the City to build a new park building. The City and the University of Minnesota have both completed a commercial appraisal of the property. SECTION 2 PROCESS Notice is hereby given that proposals will be received by the City of Falcon Heights, Ramsey County, Minnesota for Commercial Real Estate Brokerage Services. The City of Falcon Heights (the City) invites qualified individuals or firms to submit proposals to provide Commercial Real Estate Brokerages based upon the scope of work contained herein. Information regarding the RFP process, if not found within this document, may be obtained from Jack Linehan, City Administrator by email at jack.linehan@falconheights.org or by phone at 651-792-7611. Find additional information about the City of Falcon Heights at www.falconheights.org 2-1 Requests for Proposal The City of Falcon Heights invites qualified individuals or firms to submit proposals for Real Estate Commercial Brokerage Services as described in the scope of work set forth in Section 3 of this Request for Proposals (RFP). 2-2 Schedule (tentative) Issue Date: August 12, 2022 Closing Date: August 26, 2022 Anticipated Award Notice: September 9, 2022 Anticipated Contract Approval: September 14, 2022 Service to Begin: September 15, 2022 2-3 Official Contact Questions regarding the scope of services shall be directed to: 4 Jack Linehan, City Administrator City of Falcon Heights 2077 Larpenteur Ave West Falcon Heights, MN 55113 jack.linehan@falconheights.org 651-792-7611 2-4 Proposal Due Date: One (1) copy of the proposal must be delivered to Jack Linehan, 2077 Larpenteur Avenue West, Falcon Heights, MN 55113, no later than 4:00 p.m. on August 15th. A proposal may alternatively be emailed by August 12th at 4:00 p.m. to jack.linehan@falconheights, and must receive acknowledgement of receipt by August 15th at 4:00 p.m. to be considered. Proposals should be titled “RFP for Commercial Real Estate Brokerage Services”. Late proposals will be retained by the City and deemed ineligible for award. Proposals must be sealed, clearly addressed, and correctly labelled with the aforementioned title. 2-5 Cancellation, Delay or Suspension of Solicitation: Rejection of Proposals The City may cancel, delay or suspend this solicitation if in the best interest of the City as determined by the City. The City may reject any or all proposals, in whole or in part, if in the best interest of the City as determined by the City. The City reserves the right to reject any or all proposals not in compliance with public bidding procedures. 2-6 Incurred Costs The City is not liable for any costs incurred by the Proposer in the preparation and/or presentation of a proposal. The City is not liable for any cost incurred by the Proposer in protesting the City’s selection decision. 2-7 Confidentiality of Information All information and data furnished to the Proposer by the City and all other documents to which the Proposer’s employees have access during the preparation and submittal of the proposal shall be treated as confidential to the City. Any oral or written disclosure to unauthorized individuals is prohibited. Once a proposal has been accepted and is presented to the City Council for approval, it will be determined a public document and non-private information which shall be shared and published online, including the response to this proposal. 5 SECTION 3 SCOPE OF SERVICES The City of Falcon Heights welcomes proposals from qualified individuals or firms in response to the specific services identified below. 3-1 Scope of Work and Deliverables The principal responsibility of the selected Broker is to provide commercial real estate brokerage services in the acquisition of the Community Park parcel on behalf of the City. The role of the selected Broker will be to complete all tasks necessary to acquire the subject property for the City of Falcon Heights. 3-2 Real Estate Transaction Services Services the Broker performs may include, but are not limited to, the following: 1. Confirm Real Estate Requirements Review new and existing studies or documentation, and recommend additional studies if needed to re-confirm real estate assumptions for the subject property. 2. Negotiations Upon approval to proceed, Broker shall develop, present, and obtain pre- approval of the real estate negotiations strategies from the Falcon Heights City Administrator and/or their designee. The Broker shall conduct negotiations in coordination with the City Administrator to secure an optimal real estate transaction consistent with professional ethics and current market conditions. The Broker must provide written documentation of the negotiation process, terms of agreements, letters of intent, etc. 3. Sellers Proposal Evaluation The Broker will review and evaluate all appraisals and existing documentation on the subject property and use due diligence to confirm the merits of any proposal received by the University of Minnesota or their agent. The Broker will confirm all costs associated with acquiring the subject property and prepare site specific financial acquisition analysis. d 4. Council Presentations/Approval to Proceed City Council review and approval will be required before proceeding with any real estate acquisition negotiations. Negotiation limits will be set by 6 City Council with a not to exceed limit. For seller proposals above the not to exceed limit, a City Council presentation will be required for approval to move forward with negotiations. 3-3Escrow / Documentation The Broker will prepare and/or coordinate the completion of required documentation in coordination with the City Administrator to finalize the approved real estate transaction. SECTION 4 PROPOSAL FORM AND CONTENT 4-1 Proposal Submittal Proposals shall be prepared simply and economically, providing a straightforward and concise description of the Proposer’s capabilities to satisfy the requirements of the RFP. Emphasis should be on completeness and clarity of content, and cost effectiveness of the proposal. 4-2 Proposal Form and Content Each proposal shall be comprehensive in addressing the scope of work outlined in Section 3. Proposal and cost schedule shall be valid and binding for ninety (90) days following the proposal due date and will become part of the contract that is negotiated with the City. The following will be considered minimum requirements of the proposal and must be submitted in the order listed: 1. Approach to Brokerage Services A description of the proposed Real Estate approach and methodology to be utilized; the deliverables to be provided by the responder, and a description of the proposed Real Estate broker techniques. Brokers are encouraged to propose additional tasks or activities if they believe such tasks or activities will substantially improve the results of the project. Any proposed additional tasks should be separated from the required material. 2. Qualifications 7 Summarize your or the firm’s background and history; include the depth and breadth of your firm’s experience in commercial real estate and any experience you may have working on behalf of public entities or parks purchasing. 3. Scope of Services Offered Provide a detailed breakdown of how you would approach the scope of work proposed in Section 3. Include specific information on the steps that would be taken to address each of the three (3) primary areas of need. 4. References Proposals shall list a minimum of three (3) references that can attest to the qualifications of you and/or your firm. Include the contact name, email, telephone number and the nature of relationship for each reference. 5. Additional Information Any information that the proposer feels is applicable to the evaluation of the Proposal or of their qualifications for accomplishing this request for services should be included in this section. You may use this section to address the aspects of your services that distinguish you or your firm from other firms. 6. Fee Schedule The Broker must submit a compensation schedule for the services outlined in the preliminary scope of work. The compensation schedule submitted shall be guaranteed by the Broker for the term of the contract. The Broker shall include a compensation schedule for any non-commission fees due to the Broker and identify under what circumstances these fees might apply. The Broker’s compensation schedule shall include all costs/fees that Broker will be assessed. Broker shall warrant that quoted fees are the only compensation that they shall receive from the transactions completed under this RFP. 8 SECTION 5 EVALUATION CRITERIA The City shall evaluate the proposal on criteria including, but not limited to, the following list (in no order of priority). 1. The Proposer adheres to the instruction in this Request for Proposals on preparing and submitting the proposal; 2. Thoroughness of approach to representing the City as a commercial real estate broker and ability to demonstrate understanding of the objectives and Scope of Services. 3. Compensation schedule. 4. Finalist Bidders will have the opportunity to interview with staff in-person or via web conference, depending on what works best for all parties. The recommended bidder may be requested to meet with the Mayor and City Council prior to approval. BLANK PAGE  REQUEST FOR COUNCIL ACTION City of Falcon Heights, Minnesota __________________________ Item Proclamation Designating August 25th at Hamline Church Dining Hall Day Description The Hamline Church Dining Hall is celebrating its 125th anniversary at the Minnesota State Fair. To commemorate the occasion, the Hamline Church Dining Hall will have a ceremony at the opening of the Fair on Thursday, August 25th at 9AM. The group has requested the City to consider proclaiming August 25th as Hamline Church Dining Hall Day in Falcon Heights. The Hamline Methodist Episcopal Church Ladies Aid Society 1897 opened a small food stand at the Minnesota State Fair, serving lemonade and sandwiches. The women wished to help their congregation raise money to build their own church. The dining hall has continued through two world wars, the Great Depression, the 1940s polio epidemic, and the recent COVID- 19 pandemic. The dining hall has become the oldest continuously operated food service establishment at the fair and is a traditional stop for many fairgoers. The proceeds have supported St. Paul area nonprofits, including Keystone Community Services Food Shelf and Emma Norton Services. The dining hall crew is proud to be part of the fair and the City of Falcon Heights. Budget Impact N/A Attachment(s) Proclamation Action(s) Requested Provide staff direction whether to include Proclamation Designating on the August 10th City Council Agenda. Meeting Date August 3, 2022 Agenda Item Policy D7 Attachment Proclamation Submitted By Jack Linehan, City Administrator CITY OF FALCON HEIGHTS COUNCIL RESOLUTION August XX, 2022 No. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - Celebrating the 125th anniversary of the Hamline Church Dining Hall at the Minnesota State Fair Whereas, the Hamline Methodist Episcopal Church Ladies Aid Society in 1897 opened a small food stand at the Minnesota State Fair, serving lemonade and sandwiches; and Whereas, the women wished to help their congregation raise money to build its own church; and Whereas, that effort by women and the greater congregation launched a tradition that continues today; and Whereas, that tradition is one that generations of church members and friends have taken part in; and Whereas, the dining hall has continued through two world wars, the Great Depression, the 1940s polio epidemic and the recent COVID-19 pandemic; and Whereas, the dining hall continues to provide good food and fellowship to fairgoers; and Whereas, the dining hall has become the oldest continuously operated food service establishment at the fair today and is a traditional stop for many fairgoers; and Whereas, the dining hall proceeds have supported St. Paul area nonprofits including Keystone and Emma Norton Services; and Whereas, the dining hall crew is proud to be part of the fair and part of the fine City of Falcon Heights; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota: • Thursday, August 25 is declared Hamline Church Dining Hall Day in the City of Falcon Heights. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Moved by: Approved by: ________________________ Randall C. Gustafson Mayor GUSTAFSON ____ In Favor Attested by: ________________________ LEEHY Jack Linehan MEYER ____ Against City Administrator WEHYEE ANDREWS BLANK PAGE