HomeMy WebLinkAboutJune 5, 2024 City Council Workshop Agenda PacketCITY OF FALCON HEIGHTS
City Council Workshop
City Hall
2077 West Larpenteur Avenue
AGENDA
Wednesday, June 5, 2024
6:30 P.M.
A. CALL TO ORDER:
B. ROLL CALL: GUSTAFSON____ LEEHY___
MEYER ___ MIELKE___ WASSENBERG___
STAFF PRESENT: LINEHAN___ VAN DER WERFF___
C. POLICY ITEMS:
1. Rental Policies and Protections
2. Assessment Policy
3. Community Park Pricing
4. St. Anthony Village Policing Contract Discussions Update
D. 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.
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REQUEST FOR COUNCIL ACTION (RCA)
City of Falcon Heights, Minnesota
__________________________
Item Rental Policies and Protections
Description At the annual City Council retreat, the Council directed staff to include a discussion
of renters’ protections and policies on future agenda items. To kick start the
conversation, staff is providing background information on the current status of
rental protections that are offered by the city, county and state.
Fire Marshal AJ Neis will be in attendance at the workshop to help answer questions
on our current rental property inspection process.
Budget
Impact
N/A
Attachment(s)x Ordinance 13-06
x Ordinance 19-06
x Rental Housing PowerPoint
Action(s)
Requested
The City Council is requested to review the materials and provide staff direction on
the next steps in reviewing our practices.
Meeting Date June 5, 2024
Agenda Item Policy C1
Attachment(s)Ord 13-06, Ord 19-06, Rental Housing
PPT
Submitted By Jack Linehan, City Administrator
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ORDINANCE NO. 19-06
CITY OF FALCON HEIGHTS
RAMSEY COUNTY, MINNESOTA
AN ORDINANCE AMENDING CHAPTERS 14 AND 105
OF THE FALCON HEIGHTS CITY CODE
THE CITY COUNCIL OF FALCON HEIGHTS ORDAINS:
SECTION 1 Section 14-1 is amended as follows. Additions are shown with an underline, and
deletions are shown with a strikethrough.
Sec. 14-1. - Business license requirements and regulations.
(a) Business licenses . No person shall operate a business within the city without obtaining and
maintaining a business license as provided herein.
(b) Licensing procedures and regulations .
(1) Issuance . Each owner of a business to be located within the city shall complete an
application for a business license on forms provided by the city clerk, containing such
information as is requested on the form. Business licenses shall be issued upon receipt
of the completed application and appropriate license fee (as established by city council),
after review by city staff; provided that the operation of the business at the proposed
location complies with this Code and other applicable laws (i.e., Uniform Fire Code and
Uniform Building Code, the state fire and building codes), passes an inspection, and
approval by the city council.
(2) Revocation . A business license may be revoked by the city council after a hearing at
which the council finds that operation of the business is inconsistent with the
information provided on the license application, operation of the business violates any
part of this Code or state or federal law, and/or operation of the business has resulted in
repeated violations of this Code or state or federal law. At least ten days prior to such a
revocation hearing, notice shall be mailed to the owner of the business license,
indicating the nature of the hearing. A majority vote of the council shall be sufficient to
sustain revocation of a business license.
(32) Renewal . Business licenses granted hereunder may be renewed upon submission to
the city clerk of the appropriate license renewal fee and a completed renewal
application, indicating any changes from the previous license application. Licenses will
be renewed only if the business has been operated in compliance with all applicable
laws, including this Code, during the preceding license term. All renewals must be
approved by the city council.
(43) Condition of premises . Premises used in connection with any licenses business must
be kept clean, in good repair, and free and clear of any trash, rubbish or debris.
(4) Ownership changes. Changes that result in a 25% change in ownership of a business
requires a new license. The new owner(s) must submit an application for a new license
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within thirty calendar days of acquiring the property. Businesses that are listed on a
stock exchange are exempt from section 14-1(b)(4).
SECTION 2 Section 14-2 is added as follows. Additions are shown with an underline.
Sec. 14-2 – Inspection requirements
(a) Inspection required. A satisfactory pass of an inspection is a condition of approval for a
business license.
(b) Inspection scope. The city clerk or designated representative is authorized to inspect all
buildings where a business is located. The inspection may include the building or structure,
the land upon which it is located and accessory uses or structures. All inspections authorized
by this chapter shall be limited to those which are done for the purpose of seeking
compliance with applicable safety codes, and shall take place only at reasonable hours or as
may otherwise be agreed upon by the owner and the city clerk or designated representative.
An inspection is required every 24 months.
(c) Notice of violations. The city clerk or designated representative shall give written notice to
the owner, or any known interested parties, of any violations of the applicable safety codes
which are discovered during any inspection. The violations must be remedied and pass a re-
inspection as a condition of license approval.
(d) Access and warrant. The city clerk or designated representative may enter, examine and
survey at all reasonable times all businesses and premises after obtaining consent from an
occupant of the premises. The city may also, upon receipt of a creditable third party
complaint or a complaint by residents with reasonable concerns, require an inspection of a
business. In the event that an occupant of the premises does not consent to entry by the city
clerk or designate representative, and if there is probable cause to believe that an inspection
is warranted, then application may be made to the court for an administrative or other search
warrant for the purpose of inspecting the premises.
(e) Inspection fees. The city council shall establish the fee for inspections and re-inspection
related to issuing business licenses.
SECTION 3 Section 14-3 is added as follows. Additions are shown with an underline.
Sec. 14-3. - Revocation, suspension, and civil fines.
(a) Violations. The following actions by property owners or license holders are misdemeanors
and are subject to civil penalties, may constitute the basis for revocation of licenses and/or may
result in injunctive action by the city. The property owner shall be responsible for the conduct of
its agents or employees while engaged in normal business activities on the licensed premises.
Any violation of this chapter shall be considered an act of the property owner or license holder
for purposes of imposing a civil penalty or license revocation. If a license is revoked it is
unlawful for the owner to permit new occupancy of any vacant unit, or any units that become
vacant during license injunction.
(b) Basis for sanctions. The city council may revoke, suspend, deny or decline to renew any
license issued under this chapter for part or all of a property upon any of the following grounds:
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(1) Leasing without a license. Leasing business units without a license is subject to license
suspension or revocation;
(2) Violation of codes. Violation of the city maintenance code, building code, fire code, or
state or federal law;
(3) Hazardous or uninhabitable units. Leasing units that are deemed hazardous or
uninhabitable or units within a building that are deemed hazardous or uninhabitable;
(4) Commission of a felony. Commission of a felony related to the licensed activity by the
property owner or business owner;
(5) Consideration of suspension or revocation. At any time during a license period, if a
property does not meet or exceed the criteria established for the current license, the
license may be brought forth to the city council for consideration of license suspension or
revocation;
(6) Updated application requirement. Failure to provide an updated application with
current information within 30 days of application renewal request from the city;
(7) False statements. False statements on any application or other information or report
required by this chapter to be given by the applicant or licensee;
(8) Fees. Failure to pay any application, inspection, penalty, reinspection or reinstatement
fee required either by this section or city council resolution. Fee amounts are subjected to
change through the city fee schedule;
(9) Correction of deficiencies. Failure to correct dwelling deficiencies in the time specified
in a compliance order;
(10) Inspection. Failure to schedule an inspection within 90 days of application filed
and/or allow an authorized inspection;
(11) Delinquent taxes or fines. Real estate or personal property taxes or municipal utilities
have become delinquent or have unpaid fines.
(c) Penalties.
(1) Revocation. Any violation of this chapter may be grounds to revoke a license. Any
civil penalty, revocation or combination thereof under this section does not preclude
criminal prosecution under this chapter or Minnesota statutes. All fines are cumulative
and revocation periods will run consecutively.
(2) Violation. Any person that maintains a business without having a property registered or
after the registration for the property has been revoked or suspended or who permits new
occupancy in violation is guilty of a misdemeanor and upon conviction is subject to a fine
and imprisonment as prescribed by state law.
a. First violation: City clerk will give notice to the licensee of the violation, request
fine payment and direct the licensee to take steps to prevent further violations.
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b. Second violation: If a second violation occurs within 60 days of a first violation the
city clerk will give notice to the licensee of the violation, request fine payment and
direct the licensee to take steps to prevent further violations.
c. Third or more violation: If another instance of violations occurs within 60 days of
the calendar year the city clerk will give notice to the licensee of the violation, request
fine payment and direct the licensee to take steps to prevent further violations. If a
fourth or subsequent violation occurs, suspension of the license will be pending until
a hearing.
(3) Suspension. The city council may temporarily suspend a license pending a hearing on
the suspension or revocation when, in its judgment, the public health, safety, and welfare
is endangered by the continuance of the licensed activity.
(4) Civil fines. The city council may impose civil fines in addition to revocation or
suspension for violations of any provision of this chapter as follows:
Within One Calendar Year Fine Per Unit/Common Building
First Violation $300.00
Second Violation 600.00
Third or more within a 12-month period 900.00
Operating a business without a license after 30 days' notice shall be subject to $1,000.00 fine
per unit and also be a misdemeanor offense.
SECTION 4 Section 14-4 is added as follows. Additions are shown with an underline.
Sec. 14-4. - Hearing on penalties, revocation, violation, suspension and civil fines.
(a) Hearing. Following receipt of a notice of denial or nonrenewal or a notice of a violation
and penalty issued under section 14-3 of this chapter, an applicant or license holder may request
a hearing before the city council. A request for a hearing shall be made by the applicant or
license holder in writing and filed with the city clerk within ten days of the mailing of the notice
of denial or alleged violation. Following receipt of a written request for hearing, the applicant or
license holder shall be afforded an opportunity for a hearing before the city council. A hearing
will be conducted before the city council at a public meeting, or the city council may retain an
administrative hearing officer or other impartial third party to conduct the public hearing. The
licensee shall have the right to be represented by counsel, the right to respond to the charged
violations, and the right to present evidence through witnesses. The rules of evidence do not
apply to the hearing and the city council may rely on all evidence it determines to be reasonably
credible. The determination to suspend or revoke the license shall be made upon a preponderance
of the evidence. It is not necessary that criminal charges be brought in order to support a
suspension or revocation of a license violation nor does the dismissal or acquittal of such a
criminal charge operate as a bar to suspension or revocation.
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(b) Decision basis. The council shall give due regard to the frequency and seriousness of
violations, the ease with which such violations could have been cured or avoided and good faith
efforts to comply and shall issue a decision to deny, not renew, suspend or revoke a license only
upon written findings.
(c) Findings. If after the hearing the applicant or license holder is found ineligible for a
license, or in violation of this chapter, the council may affirm the denial, impose a civil penalty,
suspend, or revoke a license or impose any combination thereof.
(d) Default. If the applicant or license holder has been provided written notice of the denial,
nonrenewal, or violation and if no request for a hearing is filed within the ten-day period, then
the denial or revocation take immediate effect by default. The city clerk shall mail notice of the
denial, fine, suspension, or revocation to the applicant or license holder. The city clerk shall
investigate compliance with the denial or revocation.
(e) Penalties for default. Failure to comply with all terms of this section during the term of
revocation, suspension or nonrenewal is a misdemeanor and grounds for extension of the term of
revocation, suspension or continuation of nonrenewal of the license.
(f) Affected facility. The council may suspend or revoke a license or not renew a license for
part or all of a facility.
(g) Suspension. Licenses may be suspended for up to 90 days and may, after the period of
suspension, be reinstated subject to compliance with this chapter and any conditions imposed by
the city council at the time of suspension including, but not limited to, receivership or city
obtaining control to manage the property temporarily.
(h) Written decision, compliance. A written decision to revoke, suspend, deny, or not renew a
license or application shall specify the part or parts of the facility to which it applies. Thereafter,
and until a license is reissued or reinstated, no units becoming vacant in such part or parts of the
facility may be relet or occupied.
(i) Continuing obligations, penalty. Revocation, suspension or nonrenewal of a license shall
not excuse the owner/licensee from compliance with all terms of this chapter, this Code, and
state or federal laws for as long as any units in the facility are occupied. Failure to comply with
all terms of this chapter during the term of revocation, suspension or nonrenewal is a
misdemeanor and grounds for extension of the term of such revocation or suspension or
continuation of nonrenewal, or for a decision not to reinstate the license, notwithstanding any
limitations on the period of suspension, revocation or nonrenewal specified in the city council's
written decision.
(j) New licenses prohibited. A person who has a business license revoked may not receive a
business license for another property within the city for a period of one year from the date of
revocation. The person may continue to operate other currently licensed properties if the
properties are maintained in compliance with city codes and other applicable regulations.
SECTION 5 Section 14-5 is added as follows. Additions are shown with an underline.
Sec. 14-5. - Summary action.
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(a) When the condition of the property of any license holder or their agent, representative,
employee or lessee is detrimental to the public health, safety and general welfare as to constitute
a nuisance, fire hazard or other unsafe or dangerous condition and thus give rise to an
emergency, the city clerk shall have the authority to summarily condemn or close off such area
of the property.
(b) Any person aggrieved by a decision of the city clerk to cease business or revoke or
suspend the license or permit shall be entitled to appeal to the city council immediately, by filing
a notice of appeal. The city clerk shall schedule a date for hearing before the city council and
notify the aggrieved person of the date.
(c) The hearing shall be conducted in the same manner as if the aggrieved person had not
received summary action.
(d) The decision of the city clerk shall not be voided by the filing of such appeal. Only after
the city council has held its hearing will the decision of the compliance official be affected.
SECTION 6 Section 14-6 is added as follows. Additions are shown with an underline.
Sec. 14-6. - Applicable laws.
Licenses shall be subject to all of the ordinances of the city and the State of Minnesota relating to
businesses; and this chapter shall not be construed or interpreted to supersede or limit any other
such applicable ordinance or law.
SECTION 7 Section 14-7 is added as follows. Additions are shown with an underline.
Sec. 14-7. - Multiple suspensions.
If the license of more than one unit in a licensed premises is suspended within 12 months, the
period of suspension for the second and subsequent dwelling units licensed that are suspended
may be doubled for the suspension period specified in this chapter.
SECTION 8 Sec. 14-2 - Contractors license requirements and regulations is renumbered to 14-8.
SECTION 9 Sec. 105-86 is amended as follows. Additions are shown with an underline.
Sec. 105-86. - Purpose.
It is the purpose of this article to protect the public health, safety and welfare of citizens of the
city who have as their place of abode a living unit furnished to them for the payment of a rental
charge to another by adopting licensing regulations for all rental dwellings and multifamily
rental dwellings in the city.
SECTION 10 Sec. 105-87 is amended as follows. Additions are shown with an underline, and
deletions are shown with a strikethrough.
Sec. 105-87. - Definitions.
For the purposes of this article, the terms defined in this section shall have the meanings given
them as follows:
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Compliance official means the city administrator or his or her designee.
Operate means to charge a rental charge or other form of compensation for the use of a unit
in a rental dwelling/multifamily rental dwelling.
Rental dwelling means any single-family dwelling, duplex dwelling or triplex dwelling,
which is rented for more than four consecutive months in any calendar year. "Rental dwelling"
does not include hotels, motels, hospitals, or homes for the aged. Rental dwelling does not
include Minnesota Department of Health–licensed rest homes, convalescent care facilities,
nursing homes, hotels, motels, managed home-owner associations, cooperatives, or on-campus
college housing.
Multifamily rental dwelling means any building or portion thereof, including the real
property upon which it is located and which surrounds it, that contains four or more dwelling
units that may be attached side-by-side, stacked floor-to-ceiling, and/or have a common entrance
and have a common owner that are being rented out. Multifamily rental dwelling does not
include Minnesota Department of Health–licensed rest homes, convalescent care facilities,
nursing homes, hotels, motels, managed home-owner associations, cooperatives, or on-campus
college housing.
SECTION 11 Section 105-88 is amended as follows. Additions are shown with an underline.
Sec. 105-88. - License required.
No person, firm, partnership, corporation or other legal entity shall operate a rental dwelling or
multifamily rental dwelling in the city without first obtaining a license. The license is issued
annually and is valid until the date of expiration. Changes that result in a 25% change in
ownership of a property requires a new license. The new owner(s) must submit an application for
a new license within thirty calendar days of acquiring the property. Property owners that are
listed on a stock exchange are exempt from section 105-88.
SECTION 12 Section 105-89 is amended as follows. Additions are shown with an underline,
and deletions are shown with a strikethrough.
Sec. 105-89. - Application for licenses.
Applications for licenses shall be made in writing on forms provided by the city and
accompanied by the fee amounts as established in the City Code by the City Council. Such
application shall be submitted at least 60 days prior to the expiration date of the license, and shall
specify the following:
(1) Name and address of the owner of the rental dwelling/multifamily rental dwelling.
(2) Name and address of any agent actively managing the rental dwelling/multifamily
rental dwelling. The agent must live within the Seven County Metropolitan area and
must have a background check conducted by the police department.
(3) Name and address of all partners if the registrant is a partnership.
(4) Name and address of all officers of the corporation if the registrant is a corporation.
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(5) Name and address of the vendee if the rental dwelling/multifamily rental dwelling is
owned or being sold on a contract for deed.
(6) Legal address of the rental dwelling/multifamily rental dwelling.
(7) Number and kind of units within the rental dwelling/multifamily rental dwelling
classified as dwelling units, tenement units, or rooming units or other.
(8) Name and address of on-site operating manager, if any.
SECTION 13 Section 105-91 is amended as follows. Additions are shown with an underline,
and deletions are shown with a strikethrough.
Sec. 105-91. - License renewal.
Notwithstanding the application signature requirements, renewals of the license as required
annually by this Code may be made by filling out the required renewal form furnished provided
by the compliance official city to the owner, operator or agent of a rental dwelling/multifamily
rental dwelling and mailing said form together with the required registration fee to the
compliance official. Failure to file the completed application with the city at least 60 days prior
to the expiration of the license is a violation of this article.
SECTION 14 Section 105-92 is amended as follows. Additions are shown with an underline,
and deletions are shown with a strikethrough.
Sec. 105-92. - License fees.
The license fees shall be in the amount established in this Code by the City Council. Failure
to pay the license fee for renewal of a license is a violation of this article.
SECTION 15 Section 105-93 is amended as follows. Additions are shown with an underline.
Sec. 105-93. - Furnish license.
Every registrant of a rental dwelling/multifamily rental dwelling shall be given a copy of the
license. The license shall contain a statement that the tenant or tenants may contact the attorney
general for information regarding the rights and obligations of owners and tenants under state
law. The statement shall include the telephone number and address of the attorney general.
SECTION 16 Section 105-94 is amended as follows. Additions are shown with an underline,
and deletions are shown with a strikethrough.
Sec. 105-94. - City inspections.
(a) Rental units dwellings shall be inspected by the compliance official or designated
representative in their entirety every 24 months. An application and payment is required
annually on a continuous basis. Rental units dwellings that fail their first inspection will be
subjected to additional inspections until an inspection certificate is given by the compliance
official. Rental units dwellings that fail their first inspection will be subjected to an
inspection the subsequent year.
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(b) Multifamily rental dwellings shall be inspected by the compliance official or designated
representative every 24 months. An inspection will be made of the common areas of the
property. An application and payment is required annually on a continuous basis.
Multifamily rental dwellings that fail their first inspection will be subjected to additional
inspections until an inspection certificate is given by the compliance official. Multifamily
rental dwellings that fail their first inspection will be subjected to an inspection the
subsequent year.
(bc) Pursuant to this section, the compliance official shall make inspections to determine the
condition of rental dwellings/multifamily rental dwellings located within the city for the
purpose of enforcing the rental licensing standards. The compliance official or designated
representative may enter, examine and survey at all reasonable times all rental
dwellings/multifamily rental dwellings and premises after obtaining consent from an
occupant of the premises. In the event that an occupant of the premises does not consent to
entry by the compliance official or designate representative, and if there is probable cause to
believe that an inspection is warranted, then application may be made to the court for an
administrative or other search warrant for the purpose of inspecting the premises.
(d) The city may, upon receipt of a creditable third party complaint or a complaint by
residents with reasonable concerns, require an inspection of rental dwellings/multifamily
rental dwellings. A complaint-based inspection may require individual dwelling units to be
inspected.
(de) The owner's rental housing license may be suspended, revoked or denied renewal for
failing to maintain the licensed building in compliance with the property maintenance code
as set forth in chapter 105, article III of this Code or otherwise failing to comply with the
requirements of the City Code or applicable state or federal law.
SECTION 17 Section 105-95 is amended as follows. Additions are shown with an underline.
Sec. 105-95. - Maintenance standards.
(a) Every rental dwelling/multifamily rental dwelling shall maintain the standards in chapter
105, article III, housing code, and chapter 22, blight, in addition to any other requirement of
the ordinance of the city or special permits issued by the city, or the laws of the State of
Minnesota.
(b) Any code violation noted by the city must be remedied in a timely fashion by the property
owner and reinspected for compliance by the city.
SECTION 18 Section 105-97 is amended as follows. Additions are shown with an underline.
Sec. 105-97. - Revocation, suspension, and civil fines.
(a) Violations. The following actions by property owners or license holders are misdemeanors
and are subject to civil penalties, may constitute the basis for revocation of licenses and/or
may result in injunctive action by the city. The property owner shall be responsible for the
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conduct of its agents or employees while engaged in normal business activities on the
licensed premises. Any violation of this article shall be considered an act of the property
owner or license holder for purposes of imposing a civil penalty or license revocation. If a
license is revoked it is unlawful for the owner to permit new occupancy of any vacant rental
unit, or any units that become vacant during license injunction.
(b) Basis for sanctions. The compliance official may revoke, suspend, deny or decline to
renew any license issued under this article for part or all of a rental dwelling/multifamily
rental dwelling upon any of the following grounds:
(1) Leasing without a license. Leasing residential units without a license is subject to
license suspension or revocation;
(2) Violation of codes. Violation of the city maintenance code, building code, or fire code;
(3) Hazardous or uninhabitable units. Leasing units that are deemed hazardous or
uninhabitable or units within a building that are deemed hazardous or uninhabitable;
(4) Commission of a felony. Commission of a felony related to the licensed activity by the
property owner or manager;
(5) Consideration of suspension or revocation. At any time during a license period, if a
rental property does not meet or exceed the criteria established for the current license,
the license may be brought forth to the city council for consideration of license
suspension or revocation;
(6) Updated application requirement. Failure to provide an updated application with
current information within 30 days of application renewal request from the city;
(7) False statements. False statements on any application or other information or report
required by this article to be given by the applicant or licensee;
(8) Fees. Failure to pay any application, inspection, penalty, reinspection or reinstatement
fee required either by this section or city council resolution. Fee amounts are subjected
to change through the city fee schedule;
(9) Correction of deficiencies. Failure to correct dwelling deficiencies in the time specified
in a compliance order;
(10) Inspection. Failure to schedule an inspection within 90 days of application filed
and/or allow an authorized inspection of a rental dwelling/multifamily rental dwelling;
(11) Violation of statute. Violation of an owner's duties under Minn. Stats. §§ 299C.66 to
299C.71 ("Kari Koskinen Manager Background Check Act");
(12) Delinquent taxes or fines. Real estate or personal property taxes or municipal utilities
have become delinquent or have unpaid fines.
(c) Penalties.
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(1) Revocation. Any violation of this article may be grounds to revoke a license. Any civil
penalty, revocation or combination thereof under this section does not preclude criminal
prosecution under this article or Minnesota statutes. All fines are cumulative and
revocation periods will run consecutively.
(2) Violation. Any person that maintains a rental dwelling/multifamily rental dwelling
without having a property registered or after the registration for the property has been
revoked or suspended or who permits new occupancy in violation is guilty of a
misdemeanor and upon conviction is subject to a fine and imprisonment as prescribed by
state law.
a. First violation: Compliance official will give notice to the licensee of the
violation, request fine payment and direct the licensee to take steps to prevent
further violations.
b. Second violation: If a second violation occurs within 60 days of a first violation
the compliance official will give notice to the licensee of the violation, request
fine payment and direct the licensee to take steps to prevent further violations.
c. Third or more violation: If another instance of violations occurs within 60 days
of the calendar year compliance official will give notice to the licensee of the
violation, request fine payment and direct the licensee to take steps to prevent
further violations. If a fourth or subsequent violation occurs, suspension of the
license will be pending until a hearing.
(3) Suspension. The city council may temporarily suspend a license pending a hearing on
the suspension or revocation when, in its judgment, the public health, safety, and welfare
is endangered by the continuance of the licensed activity.
(4) Civil fines. The city council may impose civil fines in addition to revocation or
suspension for violations of any provision of this article as follows:
Within One Calendar Year Fine Per Unit/Common Building
First Violation $300.00
Second Violation 600.00
Third or more within a 12-month period 900.00
Renting without a license after 30 days' notice shall be subject to $1,000.00 fine per unit and
also be a misdemeanor offense
SECTION 19 Section 105-99 is amended as follows. Additions are shown with an underline.
Sec. 105-99. - Summary action.
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(a) When the condition of the rental dwelling/multifamily rental dwelling of any license holder
or their agent, representative, employee or lessee is detrimental to the public health, safety
and general welfare as to constitute a nuisance, fire hazard or other unsafe or dangerous
condition and thus give rise to an emergency, the compliance official shall have the
authority to summarily condemn or close off such area of the rental dwelling/multifamily
rental dwelling.
(b) Any person aggrieved by a decision of the compliance official to cease business or revoke
or suspend the license or permit shall be entitled to appeal to the city council immediately,
by filing a notice of appeal. The administrator shall schedule a date for hearing before the
city council and notify the aggrieved person of the date.
(c) The hearing shall be conducted in the same manner as if the aggrieved person had not
received summary action.
(d) The decision of the compliance official shall not be voided by the filing of such appeal.
Only after the city council has held its hearing will the decision of the compliance official be
affected.
SECTION 20 Section 105-100 is amended as follows. Additions are shown with an underline.
Sec. 105-100. - Applicable laws.
Licenses shall be subject to all of the ordinances of the city and the State of Minnesota
relating to rental dwellings/multifamily rental dwellings; and this article shall not be
construed or interpreted to supersede or limit any other such applicable ordinance or law.
SECTION 21 This ordinance shall be effective upon its passage and a summary published in the
official newspaper.
ADOPTED this 11th day of September, 2019, by the City Council of the City of Falcon Heights,
Minnesota.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - -
Moved by: Approved by: ________________________
Randall Gustafson
Mayor
GUSTAFSON ___ In Favor Attested by: ________________________
HARRIS Sack Thongvanh
LEEHY ___ Against City Administrator
MIAZGA
Vacant
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RRentall Housing:: Regulationss &&
Policiess Intro
1
26
Falcon Heights Rental Background Info
X 46% of properties in Falcon Heights are rental-occupied
X Ordinance 2013-06
X Required rental properties to be licensed/inspected
X Ordinance 2019-06
X Expanded regulations to multi-family
X 82 number of rental licenses in 2023
X 82 number inspected in 2022/2023
X 47 number required re-inspection
X 3 complaints for Fire Marshal to inspect property in
2022/2023
X 100% compliance upon inspection and work order
issued by Fire Marshal
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Resources for Renters
3
X Attorney General’s Handbook
X New Resident Handbook
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Considerations for the City
X Rental Ordinances need to be crafted carefully
X City of Morris, MN vs Sax (2007)
X Self-Reporting Landlords
X How to regulate those who do not self-report?
X Naturally Occurring Affordable Housing (NOAH)
X Balancing regulations with keeping prices affordable
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Closing Remarks
/ Questions
5
30
BLANKPAGE
31
REQUEST FOR COUNCIL ACTION (RCA)
City of Falcon Heights, Minnesota
__________________________
Item Assessment Policy Discussion
Description This is an opportunity to discuss the assessment policy and how assessments may be
determined for the 2025 PMP project.
The 2025 PMP project will include the full reconstruction of the streets within Falcon
Woods, as well as a mill & overlay for E/W streets in Northome and alleyways.
As the Falcon Woods neighborhood is not a traditional grid system and has no thru-
traffic, engineering and the City Council have recommended we consider adopting
an equalized per parcel assessment rather than a lineal foot method. Under this
model, all properties would be assessed the same amount within the project area
rather than a basis of how many lineal foot each parcel has.
To do this, the City Council would need to adopt a resolution amending the
assessment policy to allow for either a lineal foot OR per lot basis depending on the
improvement types.
The City Council may also wish to discuss other amendments to the assessment
policy or future changes as well.
Budget
Impact
TBD
Attachment(s)x Assessment Manual
Action(s)
Requested
The City Council is requested to discuss possible amendments to the assessment
policy.
Meeting Date June 5, 2024
Agenda Item Policy C2
Attachment(s)Assessment Manual
Submitted By Jack Linehan, City Administrator
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City of Falcon Heights
Assessment Manual
Adopted June 13, 2007
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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.
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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.
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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
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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
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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
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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
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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:
x Gross area of Single Family residential properties.
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x Gross area of multi-unit residential properties
x Gross area of commercial properties
x Gross area of tax-exempt properties
C. The assessment rate would be set as follows.
x Residential properties- 40% of the per square foot cost multiplied by the area
of the parcel
x Multi-Unit residential and commercial properties- 60% of the per square foot
cost multiplied by the area of the parcel
x 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
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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
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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
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Appendix Index
1. Typical Minnesota Statute 429 Improvement Project Process
2. Typical Petition Forms
3. Sample Resolutions
4. Deferral Forms
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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
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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.
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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
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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
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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.
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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.
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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
51
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
52
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.
53
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.
54
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.
55
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.
56
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
57
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___.
58
BLANKPAGE
59
REQUEST FOR COUNCIL ACTION (RCA)
City of Falcon Heights, Minnesota
__________________________
Item Community Park Construction Pricing
Description WSB and HCM Architects provided their plans and pricing sets to Kraus-Anderson
who then reviewed them to determine the project’s overall budget and construction
estimates for the Community Park renovation.
Based on Kraus-Anderson’s work, the total estimate for all phases of the project
would be:
Item Cost
Park with all alternates $3,680,785
Soft costs (design / CM /
permitting/misc.)
$1,000,000
Total:$4,680,785
The City budgeted $3.5M for FY24 that included $2M in cash and $1.5M in abatement
bond funds.
This is an opportunity to now discuss the overall budget and construction estimates
received from Kraus-Anderson for the renovation at Community Park. This will be
an opportunity to prioritize areas of the project that are critical immediately, and to
consider whether to cut portions of the project or increase the budget.
Budget
Impact
TBD
Attachment(s)x Construction Estimate
Action(s)
Requested
The City Council is requested to review the overall budget and cost estimate
provided by Kraus-Anderson for the renovation at Community Park.
Meeting Date June 5, 2024
Agenda Item Policy C3
Attachment(s)Kraus-Anderson Overall Budget and
Construction Estimate
Submitted By Jack Linehan, City Administrator
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80
REQUEST FOR COUNCIL ACTION (RCA)
City of Falcon Heights, Minnesota
__________________________
Item St. Anthony Village Police Partnership Update
Description On April 23rd and April 24th, the City Councils of St. Anthony Village and Falcon
Heights both approved entering the next phase of contract discussions. As part of the
approval, staff was directed to work together to develop a draft contract and answer
remaining questions.
Staff has worked on a draft contract that is being reviewed by the City Attorney and
the League of MN Cities Insurance Trust for liability review. To date, all sides feel
they are mutually close but want to continue to refine the language.
The St. Anthony Village City Council discussed the work to date at their May 28th
workshop. In their cover memo, they detailed three primary lessons learned/areas of
concern to mitigate which included:
x Ensure participating City Councils foster an effective partner relationship
x Clearly defined service expectations, chain of command, and authority over
policing strategies
x Appropriate sharing financial impact of extraordinary incidents
Additionally, Chief Spiess, at the request of the SAV City Council, performed a
potential SWOT (Strengths, Weaknesses, Opportunities, and Risks) assessment of the
possibility of SAPD taking on Falcon Height’s contract. The results were as follows:
Meeting Date June 5, 2024
Agenda Item Policy C4
Attachment(s)N/A
Submitted By Jack Linehan, City Administrator
81
Staff will continue to work with the staff at SAV as well as with attorneys on the draft
contract.
Budget
Impact
N/A
Attachment(s) N/A
Action(s)
Requested
The City Council is requested to receive the update and provide feedback to staff.
82