The URL can be used to link to this page

Home My WebLink About09/28/2004LAUDERDALE CITY COUNCIL MEETING AGENDA TUESDAY, SEPTEMBER 28, 2004 CITY HALL, 7:00 P.M. The City Council is meeting as a legislative body to conduct the business of the City according to ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL. Unless so ordered by the Mayor, citizen participation is limited to the times indicated and always within the prescribed rules of conduct for public input at meetings. 1. CALL MEETING TO ORDER AT 7:00 P. M. 2. K� ROLL: Councilmembers: McCloskey _ Gill -Gerbig _ Mayor Dains Staff Getschow APPROVAL OF THE AGENDA Christensen Giannetti 4. APPROVAL A. Approval of minutes of 9/14/04 City Council Meeting B. Approval of claims totaling $52,001.41 5. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA Any member of the public may speak at this time on any item NOT on the agenda. In consideration of the public attending the meeting for specific items on the agenda, this portion of the meeting will be limited to fifteen (15) minutes. Individuals are requested to limit their comments to four (4) minutes or less. If the majority of the Council determines that additional time on a specific issue is warranted, then discussion on that issue shall be continued under Additional Items at the end of the agenda. Before addressing the City Council, members of the public are asked to step up to the microphone, give their name, address and state the subject to be discussed. All remarks shall be addressed to the Council as a whole and not to any member thereof. No person other than members of the Council and the person having the floor shall be permitted to enter any discussion without permission of the presiding officer. Your participation, as prescribed by the Council's ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL, is welcomed and your cooperation is greatly appreciated. City of Lauderdale Council Agenda September 28, 2004 Page 2 6. CONSENT 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONSIPROCLAMATIONS/ CITIZENS ADDRESSING STREET AND UTILITY IMPROVEMENTS 8. INFORMATIONAL PRESENTATIONS 9. REPORTS 10. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal may have input into the decision. During hearings, all affected residents will be given an opportunity to speak pursuant to the ROBERT'S RULES OF ORDER AND THE STANDING RULES OF ORDER AND BUSINESS OF THE CITY COUNCIL. A. 2003 Street and Utility Improvements Special Assessment Roll B. Side -Yard and Rear -yard Setback Variances for the construction of a garage at 1699 Malvern Street 11. ACTION A. Resolution 092804A: A Resolution Approving the 2003 Street and Utility Improvements Special Assessment Roll B. Consideration of Side -Yard and Rear -yard Setback Variances for the construction of a garage at 1699 Malvern Street C. Resolution 092804B: A Resolution to Participate in a Hazard Mitigation Planning Process D. Handicapped Parking Sign Request at 1840 Eustis Street E. Approve Issuance of Proposals for Lauderdale Recycling Services F. Consideration of a policy prohibiting golfing in city parks 12. DISCUSSION 13. ITEMS REMOVED FROM THE CONSENT AGENDA 14. ADDITIONAL ITEMS 15. SET AGENDA FOR NEXT MEETING 16. ADJOURNMENT 1. 3. 9 5 Lauderdale City Council Meeting Minutes September 14, 2004 Meeting called to order at 8:10 P.M. ROLL Council present: Christensen, Giannetti, Gill -Gerbig, and Mayor Dains Council absent: McCloskey Staff present: Administrator Getschow APPROVAL OF THE AGENDA A. Approval of Agenda. Motion by Christensen, second by Gill -Gerbig to approve the agenda. Motion carried unanimously. A. Approval of Minutes. Motion by Giannetti, second by Gill -Gerbig to approve the minutes of the August 31, 2004 City Council meeting. Motion carried unanimously. B. Approval of Claims totaling $23,465.24. Motion by Christensen, second by Giannetti to approve the claims totaling $23,465.24. Motion carried unanimously. OPPORTUNITY FOR THE PUBLIC TO ADDRESS ITEMS NOT ON THE AGENDA A. Leslie Kratz, 1773 Carl Street, requested information from the City Council regarding the Larpenteur Avenue Redevelopment project. Lauderdale City Council Meeting Minutes, September 14, 2004 Page 2 Mayor Dains stated that the discussion of this redevelopment dates back to the creation and approval of the Lauderdale Comprehensive Plan in the mid -1990's. The Comprehensive Plan Task Force, which consisted of residents and elected officials were created in part to discuss the future land use of the City. The Task Force and the Council committed to create a plan for future redevelopment in this area. The Mayor stated that no specific decisions have been made. A city needs to plan for its future well in advance of actual demolition and construction. Discussing redevelopment in this area of the city should occur before the area completely deteriorates. Many projects such as this take several years to come to fruition, if at all. There will be several meetings conducted on this potential redevelopment — the process has only just begun. Council member Christensen reiterated the Mayor's comments and stated that market and financial feasibility studies have yet to be undertaken. That is why the city retained a consultant. Kratz stated that she was gathering information for residents of certain Lauderdale Hollows apartment units that were concerned about being displaced in the near future. They will be relieved by what they have heard here. She stated that the residents she has been in contact with have difficulty with the English language, as English is their second language, and may not fully understand the redevelopment process. Council member Gill -Gerbig stated that there will be several public meetings on this issue. She also encouraged any interested or concerned residents to contact City Hall regarding this project. 6. CONSENT 7. SPECIAL ORDER OF BUSINESS/RECOGNITIONS/PROCLAMATIONS/ CITIZENS ADDRESSING STREET AND UTILITY IMPROVEMENTS 8. PUBLIC HEARINGS 9. INFORMATIONAL PRESENTATIONS Lauderdale City Council Meeting Minutes, September 14, 2004 Page 3 10. ACTION A. Resolution 091404A: A Resolution Levying Taxes for 2004 Payable in 2005 (2005 Preliminary Levy). The City Administrator presented the City Council with five options for the 2005 preliminary tax levy that included: Option A - keeping the tax levy the same (0% increase) at $480,000 Option B — increasing the levy 1.5% to $487,260 Option C — increasing the levy 2% to $489,600 Option D — increasing the levy 3% to $494,400 Option E — increasing the levy 4% to $499,200 Getschow stated that all options produce a decreased city tax rate. With Option A, the levy being kept the same for 2005, the city tax rate will decrease from 28.8% to 25.88%. This means that the proposed 0% levy increase would bring tax bills down by the same percentage that the city tax rate is decreasing. The average residential tax bill in Lauderdale (on a $145,200 house) will decrease by $41.84 or 10%, assuming property values are equal. But property values have not remained equal for the past several years. Property values have risen. For 2005, the highest increase for a given property is 15%. This percentage has continued to increase since the State Legislature is phasing out the limited market value policies that were created to shield fast rising property values from substantial tax increases. As a result of this, Getschow presented a spreadsheet that highlights the difference between the 2004 median valued home's tax rate and the 2005 median valued home's proposed tax rate. The same house valued at $125,700 with a 28.76% tax rate in 2004 would see a $28.82 increase in city taxes in 2005 as a $145,200 house with a 25.88% tax rate. The $28.82 tax increase, plus another $41.84 that would have been saved through the lower tax rate, is completely due to the increase in property valuation. Getschow then discussed Option B, a levy increase of 1.5% for 2005. With this scenario, the city tax rate will decrease from 28.76% to 26.35%. This means that the proposed 1.5% levy increase would bring tax bills down by the same percentage that the city tax rate is decreasing. The average residential tax bill in Lauderdale (on a $145,200 house) will decrease by $35.05 or 8.3%, assuming property values are equal. Lauderdale City Council Meeting Minutes, September 14, 2004 Page 4 Also, the 1.5% increase would not trigger the need for an official Truth -In - Taxation hearing. All Minnesota cities with a population over 500 are required to hold Truth -In -Taxation hearings if their property tax levy increase is greater than the implicit price deflator which is 1.5%. He noted that any option chosen besides Option A or B would trigger the need for a Truth -In -Taxation hearing. Option B would yield $7,260 in general fund revenue. In Option C, the levy is increased 2% for 2005. The city tax rate will decrease from 28.76% to 26.50%. This means that the proposed 2% levy increase would bring tax bills down by the same percentage that the city tax rate is decreasing. The average residential tax bill in Lauderdale (on a $145,200 house) will decrease by $32.86 or 7.9%, assuming property values are equal. This option would yield $9,600 in general fund revenue. In Option D, the levy is increased 3% for 2005. The city tax rate will decrease from 28.76% to 26.81%. This means that the proposed 3% levy increase would bring tax bills down by the same percentage that the city tax rate is decreasing. The average residential tax bill in Lauderdale (on a $145,200 house) will decrease by $28.37 or 6.8%, assuming property values are equal. This option would yield $14,400 in general fund revenue. Finally, in Option E, the levy is increased 4% for 2005. The city tax rate will decrease from 28.76% to 27.12%. This means that the proposed 4% levy increase would bring tax bills down by the same percentage that the city tax rate is decreasing. The average residential tax bill in Lauderdale (on a $145,200 house) will decrease by $23.88 or 5.7%, assuming property values are equal. This option would yield $19,200 in general fund revenue. The Administrator stated that the City could function with the 0% increase, which was factored into the 2005 proposed Budget. It produces an overall budget that is as tight as the 2004 Budget- but it is workable. Lauderdale City Council Meeting Minutes, September 14, 2004 Page 5 The Mayor and Council members discussed approving Option B. This is only a 1.5% increase in the levy. Also, there is no telling what the 2005 Legislature may do with LGA or MVHC. All local levels of government are concerned about state funding as the 2005 session nears. A 1.5% levy increase this year could assist in avoiding a bigger increase in the future. Motion by Christensen, second by Gill -Gerbig to approve Resolution 091404A: A Resolution Levying Taxes for 2004 Payable in 2005 at $487,260. [1.5% levy increase from 2003]. Roll: Yes: all. Motion carried. B. Establishinent of a 2004 Truth -in -Taxation (TNT) Public Hearing Date. No action was need on this item since the City Council chose a levy option that does not require the need for a Truth -In -Taxation Hearing. 11. DISCUSSION 12. ADDITIONAL ITEMS 13. SET AGENDA FOR THE NEXT MEETING 1. 2003 Street and Utility Improvements Special Assessment Public Hearing 2. Approve Draft RFP for Recycling Services 3. Resolution regarding City/County Emergency Management Plan 4. Residential Rear -Yard Setback Variance Administrator Getschow read the Lauderdale results of the state primary election that concluded at 8:00 p.m. A break was taken at 9:00 p.m. to transition into a work session discussion. 14. WORK SESSION DISCUSSION The meeting resumed at 9:01 p.m. A. Draft Zoning Ordinance. The City Council discussed Chapter 17 of the zoning ordinance titled home occupations. The Council then discussed Chapter 18 of draft zoning ordinance, which regulates adult uses. Lauderdale City Council Meeting Minutes, September 14, 2004 Page 6 B. Organized Collection- Solid Waste and Recycling Proposals, The City Council continued to discuss the organized solid waste and recycling proposals. 15. ADJOURNMENT Motion by Gill -Gerbig, second by Giannetti to adjourn at 10:00 P.M. Ayes: All. CITY OF LAUDERDALE Claims for Approval September 28, 2004 City Council Meeting Payroll 09/24/04 Payroll: Check # 7658-7674 $7,399.46 09/24/04 Payroll: EFT: Federal Withholding Taxes/FICA $2,625.65 09/24/04 Payroll: EFT: PERA $1,067.55 09/24/04 Payroll: EFT: ICMA Retirement Fund $1,162.52 Sep 04 Payroll EFT: State Withholding Taxes $1,021.60 Vendor Claims 09/28/04 Claims: Check # 17142-17156 $38,724.631 Subtotal of Claims From Above $52,001.41 Total Claims for Approval $52,001.41 CITY OF LAUDERDALE 09/24/04 10:34 AM Page 1 Vendor Transactions CHECK Check Batch Nbr Date Name Invoice Amount Comments Search Name AFSCME 017142 9/28/04 092804claims 9/28 $75.90 9/04 union dues Search Name AFSCME $75.90 Search Name AT & T 017143 9/28/04 092804claims 9/28 $7.30 9/04 long distance Search Name AT & T $7.30 Search Name BFI 017144 9/28/04 092804claims 8/28 $4,945.00 july, august recycling services Search Name BFI $4,945.00 Search Name BONESTROO, ROSENE, ANDERLIK 017145 9/28/04 092804claims 112292 $1,795.50 may-aug 2002 street/util imp 017145 9/28/04 092804claims 112292 $1,123.14 jul, aug 2003 street/util imp Search Name BONESTROO, ROSENE, ANDERLIK $2,918.64 Search Name CINTAS 017146 9/28/04 092804claims 8/28 $79.89 9/9, 9/16, 9/23 pw uniforms Search Name CINTAS $79.89 Search Name CITY OF FALCON HEIGHTS 017147 9/28/04 092804claims 8/28 $718.00 8/04 false fire calls 017147 9/28/04 092804claims 8/28 $718.00 8/04 fire calls Search Name CITY OF FALCON HEIGHTS $1,436.00 Search Name CITY OF ST ANTHONY 017148 9/28/04 092804claims 1096 $20,068.17 10/04 police services Search Name CITY OF ST ANTHONY $20,068.17 Search Name ESCHELON TELECOM, INC 017149 9/28/04 092804claims 9128 $239.38 9/04 city hall phone Search Name ESCHELON TELECOM, INC $239.38 Search Name GOODIN COMPANY 017150 9/28/04 092804claims 2438160 $39.01 restroom repairs Search Name GOODIN COMPANY $39.01 Search Name GOPHER STATE ONE -CALL 017151 9/28/04 092804claims 4080508 $19.55 8/04 utility locates Search Name GOPHER STATE ONE -CALL $19.55 Search Name MAMA 017152 9/28/04 092804claims 804 $18.00 1/04 meeting Search Name MAMA $18.00 Search Name MET -COUNCIL ENVIRONMENTAL SER. 017153 9/28/04 092804claims 781095 $7,785.40 10/04 wastewater services Search Name MET -COUNCIL ENVIRONMENTAL SER. $7,785.40 Search Name NELSON CHEESE AND DELI 017154 9/28104 092804claims 6617 $57.67 meals - election judges Search Name NELSON CHEESE AND DELI $57.67 Search Name RAMSEY COUNTY, PROP REC & REV CITY OF LAUDERDALE Vendor Transactions CHECK Check Batch Nbr Date Name Invoice Amount Comments 017155 9/28/04 092804claims risk749 $1,012.72 9/04 health benefits Search Name RAMSEY COUNTY, PROP REC & REV $1,012.72 Search Name VICTORSEN, CATHERINE 017156 9/28/04 092804claims 9/28 $22.00 resi reimb ry rec victorsen Search Name VICTORSEN, CATHERINE $22.00 Grand Total $38,724.63 09/24/04 10:34 AM Page 2 FILTER: ( ([Period] in(9) and [Act Year] ='2004') and [Tran Nbr] in(20,21,22,23,25) and ([Vendor Nbr]>0) ) AND (([Batch Name] ="092804claims")) Lauderdale City Council Memorandum Council Meeting Date: September 28, 2004 To: Mayor and City Council From: Rick Getschow, City Administrator Agenda Item: Resolution 092804A Resolution Approving the 2003 Street and Utility Improvements Assessment Roll BACKGROUND: At the July 26, 2004 Council meeting, the Council ordered the preparation of proposed assessment rolls for the 2003 Street and Utility Improvements. At the August 10, 2004 Council meeting, the Council accepted the proposed assessment roll and called a public hearing on the assessment roll. The public hearing was set at that meeting for September 28, 2004. As a prelude to the public hearing, I will provide information on the Assessment Policy, project financing, and details regarding how payments can be made. Also, the City Engineer will be on hand at the public hearing to provide specific information on the improvement project. In addition to a brief presentation, the City Engineer will be made available during the hearing and after his presentation if residents wish to discuss specific items related to the project following any of their statements at the public hearing. It is suggested that if property owners have individual complaints about the quality of construction or issues regarding project deficiencies, these should referred to the City Engineer outside of the Council Chambers. If there are significant issues that affect the assessment, action on the assessment roll may need to be delayed. This has not occurred in the prior years' projects and it is not expected to happen in this instance, but the continuation of the hearing would be at the October 12, 2004 meeting. Public Hearing Format: The Mayor announces the purpose of the hearing and the format for the meeting. He states that the Council is considering the assessment roll for the 2003 Street and Utility Improvement project. The Council by simple majority may approve the assessment roll. However, if staff and the City Engineer need time to address major concerns, we may have to wait for final approval on the assessment roll until October 12, 2004. The City Engineer provides a summary of the construction of the 2003 Street and Utility Improvements. The City Administrator provides a background on statutory procedures, project financing, the assessment policy, senior citizen deferments, and payment options. The City Administrator then reads written statements, if any, objecting to assessments from affected property owners in regard to each project. The Mayor opens the public hearing. He asks residents to approach the podium, identify themselves, and provide their street address. (A sign-up sheet may be needed for organizing residents who wish to speak). The Mayor closes the public hearing. City Council action on the improvement. The Council should approve Resolution 092804A: A Resolution Adopting the Assessment for the 2003 Street and Utility Improvements. Official Appeals: It should be noted that a written appeal for an assessment can be made to the Mayor or Administrator, and then to the District Court within 30 days after the adoption of the assessment; however, no appeal on the amount of assessment can be made unless it is be made in writing before the meeting or presented to the Mayor during the public hearing. There is an attachment in the packet that explains this in more detail. Deferment: The senior citizen deferral mechanism that is outlined in the assessment policy manual and included in this packet is available through application at Ramsey County. Remaining Schedule: September 29- Prepayment of Assessments (at least 30 days) October 29 November 1- Tally of Final Assessment Roll November 5 November 5 Certification of Final Assessment Roll to Ramsey County Special Topics or Issues: Peace Lutheran Church (PLC) and the Twin Cities Chinese Christian Church (TCCC) — The City has been approached over the past two years regarding the assessment for these churches. It is probable that one or both or the churches will either appeal their assessment or request that the Council alter its assessment policy on their behalf. It is once again important to note that an appeal must be on the basis that the assessment levied does not equal or exceed the benefit to the property from the project. The total PLC assessment is $17,907.60 Included in that figure is a $2,719.50 assessment for an open lot north of the church that was assessed as single-family residential property because it could be developed as a residential lot in the future. Also, as an addition to the project, the Council added width to Walnut Street and created an angled parking area across the street from the church. This cost was not placed solely on PLC or that specific area- the cost of that additional street work was spread throughout the entire 2003 Street and Utility Improvement Project area. The total TCCC assessment is $48,876.58 The churches may also request that the city to revise of Section 8 (C) -Tax -Exempt Property (Page 12) of the Lauderdale Assessment Policy. The revision of this policy would need to be a separate action at a separate meeting with possible public hearing provisions. As an alternative to the parties pursuing a policy change, I have offered to assist on the terms or length of the assessment. Changing an assessment amount without a major policy revision severely compromises the entire assessment policy and process. However, putting a large assessment on the tax roll over a 20 -year period as opposed to a 10 -year period is not a policy change and may be permissible. See Section 11 (A) on page 21 of the assessment policy that reads, ... "Also, some major reconstruction projects with several types of improvements could lead to a very high assessment that could create a financial hardship if assessed over a ten (10) year term. A thirty (30) year term could be appropriate in this case. In any event, the assessment term should never exceed the potential life of the improvement. The important point to consider is that you are approving set assessment amounts pursuant to the policy you have adopted. Changing some minor terms of payment would not change or alter any motion you are voting on, nor any resolution you are being requested to adopt at this meeting. Tracey Koch, 1769 Walnut Street Tracey has approached city officials over the past few years regarding storm sewer work that he has completed on his property in 1998-1999. He may be seeking reimbursement at this meeting to offset his proposed assessment. Tracey undertook the storm sewer work in 1998-1999 as a result of a variance he received for the remodeling of his house and garage. At that time, storm sewer conveyance was through an open ditch north of his house and garage. With his variance request and the proposed construction that would encroach into storm sewer area, Koch agreed, at his own expense, to relocate the storm sewer by installing pipe and filling in the ditch. The Council agreed that he could do this on his own, but the City Engineer must approve his plans. Now fast -forward 6 years. With the 2003 Improvements, the City did not need to conduct any storm work in the area that Koch worked on in 1998. He stated that if the ditch was still there and he never undertook his improvements, the City would be required to expend funds as part of the 2003 Improvements on storm sewer in this area. Therefore, he has requested that the city reimburse him a certain amount of money for improvements he undertook in 1998 through his variance that the city may have needed to undertake in 2003. Since 2001, I have told Koch that it is my understanding that the work he completed at his expenses was a condition of a variance he applied for and received. The storm sewer piping was needed as a result of his proposed construction work. I suggested that any appeal that he has on this issue be presented in writing. It would then be forwarded to the Council. He has not done this. He may now address this once again at the assessment hearing. ENCLOSURES: 1. Proposed Assessment Roll for the 2003 Street and Utility Improvements 2. Resolution 092804A: A Resolution Adopting the Assessment for the 2003 Street and Utility Improvements 3. Sample Notice mailed to affected residents for the Assessment including the attachment "Frequently Asked Questions Regarding the Assessment" that was provided with the notice. 4. Lauderdale Assessment Policy Manual, pages 1-24 5. Information Sheet- "Appeals to District Court" COUNCIL ACTION REQUESTED: Conduct the Public Hearing. AND 2. If no major issues arise at the hearing, the Council will want to approve Resolution 092804A: A Resolution Adopting the Assessment for the 2003 Street and Utility Improvements. 0 in Q 0 c LL a) U) O 0- 0 d co 0 0 N MN O O� m COO (D( d0' W O d N 0 0 N ,t d' COO m W(o(o COO COO (D N (00 CO r r-� �- 0 0 Ln CO �- �- M- I- i- c- CO M 0 -- t 0 0 0 0 to t- Liz to 0 N 0 0 0 r O 1,- 1- 1- CO N N CO 0 1- d' In CO CO 1- O O I- ti 1- 1- ti M 1- 1- r - M M M M M o r r r r r r M --- -7 rrr Il Ni Ni C6 N N N N C"i Ch M C'7 I' N N Ili M M N M M N N N N N N N N EF> Chi CA Cf> Efl U) H3 EFJ 69 Cf? 60) U), 69 Uf Cf3 U9 Cfl ER Cf} 60, Efl U), Cfl 6'3 co Cf3 613 Efl (f) 6fi to M M M M MMM M M M M M M M M M M M c+7 C'7 M M Ch C'7 M M M M M M M LC) LI) 0 0 0 0 0 LO LO 0 0 0 0 0 Li) LO LO 0 LO LO LC) LC) LC) m 0 L17 Ln 0 0 LC) 0 696f}6r}64Cf?C/36069ER69-GgG?64EF?Grt(/ E461)6369Cfl6fl60!316fT ER 64 U). 6469 ER 64 � o 0 0 0 0 0 0 0 o Ln Ln o 0 0 0 0 0 0 o ti 1` 0 0 0 0 0 0 0 0 0 o 0 0 � co 0 0 0 0 Lri Lri o o «i Lri o 0 0 0 � � o 0 0 0 0 0 0 0 0 M CO a0 M Cfl d %t It It (0 0 0 CO 00 't d 00 CO (0 It tl- 1- It It d' d' It O I- It It (0 d t0 (fl It (0 N 000 COO Cfl 't 't 't t COO LO LO COO C) d' d' 0000 COO COO d0 (D 'd tet' dt 't d0' 000 d' 't 't r r LO LO r- r (n L L L L L L L .. F.. L L L. L L L L L L D n ir- 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 E 0 c 0 0 0 0 0 0 0 0 > > > > > > > > > > > > > > > > > > > f0 (0 C (6 (0 (Lf (a N t>3 C W��,�� coMd' CO O CO CO O cY M N O C) M O) r r- I,- CO 0) 1,- LO CNO (0 O� CO It 00 � 00 O 00 CO 1- M CO O) O O O r N r r O O CA CO 1l- CD CO 00 W 00 00 O M O M M 0 r O 00 00 00 DO O O O (A (A (A O) O) O 00 00 00 00 00 N Z M O O O r M d' LO CO 1l- CO M O r N M fit" Liz CD N M M O r N M cp LC) 1- M M a O O O r r r r r r r r r N N N N N N N N N N M M M M M r M M M O 9999999999999999999999999999999 Z N CV N N N CV N N N N N N N N NNN N N N N N CV N N N N N N N N Q M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N =- ti 1- Il- I,- 1- tl- rl- 11- 1- 1` 1- I- I- ti ti ti ti ti 1l- 1l- 1l- 1- 1% ti 1- 11- ti ti tl- O r r r r r ------ r r r r r r r r r r r r r r r r r r r r LO 4- 0 r a) 0) n3 C 0 O O �+ N 0-- — — O 0 0 O C C C `00 a Z L0 0 U U U � o 0 0 0 0 0 0 0 o Ln Ln o 0 0 0 0 0 0 o ti 1` 0 0 0 0 0 0 0 0 0 o 0 0 � co 0 0 0 0 Lri Lri o o «i Lri o 0 0 0 � � o 0 0 0 0 0 0 0 0 M CO a0 M Cfl d %t It It (0 0 0 CO 00 't d 00 CO (0 It tl- 1- It It d' d' It O I- It It (0 d t0 (fl It (0 N 000 COO Cfl 't 't 't t COO LO LO COO C) d' d' 0000 COO COO d0 (D 'd tet' dt 't d0' 000 d' 't 't r r LO LO r- r (n L L L L L L L .. F.. L L L. L L L L L L D n ir- 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 E 0 c 0 0 0 0 0 0 0 0 > > > > > > > > > > > > > > > > > > > f0 (0 C (6 (0 (Lf (a N t>3 C W��,�� coMd' CO O CO CO O cY M N O C) M O) r r- I,- CO 0) 1,- LO CNO (0 O� CO It 00 � 00 O 00 CO 1- M CO O) O O O r N r r O O CA CO 1l- CD CO 00 W 00 00 O M O M M 0 r O 00 00 00 DO O O O (A (A (A O) O) O 00 00 00 00 00 N Z M O O O r M d' LO CO 1l- CO M O r N M fit" Liz CD N M M O r N M cp LC) 1- M M a O O O r r r r r r r r r N N N N N N N N N N M M M M M r M M M O 9999999999999999999999999999999 Z N CV N N N CV N N N N N N N N NNN N N N N N CV N N N N N N N N Q M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N =- ti 1- Il- I,- 1- tl- rl- 11- 1- 1` 1- I- I- ti ti ti ti ti 1l- 1l- 1l- 1- 1% ti 1- 11- ti ti tl- O r r r r r ------ r r r r r r r r r r r r r r r r r r r r LO 4- 0 r a) 0) n3 0 w cn Q 0 c LL O O O Q O 0.. M O O N 00000 O MOOOOOOOOd•d NOMMOOOOOOOOOOOO d E d_ "': N O N O �.. Lo LfN Lo N 't M M 00 00 (D I-- co cO LA M N (O CO (0 (D N N 't d d iMMO O tOOD � titiMMcli p N(D (O �Ln � C, LO -LO (D O O ddN LO LO O LO ti N L) M (O CO d N N aC' f� 1� M ti M N M M O O r 00 r r ti 00 M r r r r M M N N N LO M M r It O N N It N dm M M M M M M 00 m N M It N N N N d• dt M M M Q(07 to (11) H? Nry. 69 (/)-61). Gq co 6q 69' EA H? 61) 61) 64 6H EA 69 60- Gr E7 Gq 03 6q Grk 6q Grt Gf? 69 c O LL w N L Q O O CA O O O~ O O O m m O O O O O O m r- f` 0 0 0 O O O O O O O O O LO M LSC) LO 0 m L0 LO M L1� � � � � � � � Lam() � � II co M L0 l� m U') m L� L0 0 0 0 L� Lm() 60,Vy fl 6r.Grk R�b1}ERER6R6REREREF}6969Ef}6R�� 6g6g646QTGq6rk646fl6Ru!).Y> 6fl 0) 0) m0) m c c c C: co co CO m m E C •+�J N UE 4) N VEE E E 0 a cu n. a Q Q Q U O O (O (O O O O O O O O O O O O O M O O O O O O O O O O O O O O O O Lf) Ln O 0 Cl 0 6 6 6 06 6 0 CO CO 00 6 6 6 6 0 0 0 6 6 6 6 6 6 6 0 (O CO co O co r LO LO CO LO CO (0 h I` V) V) LO I-- (O (O LO 1- 00 d- -'T d• V• co 00 M O co O (O N It O O,q,qo o o o o `: O o o o o (O CO 00 Lq0 o o o o 0 o o o� � C o o CO CO CO 0) r r r LCO r Lf0 r CO r- 0 0 LC) (O (O 0 I` M 't d• 't 'tT r CO m m 0) r r 0) — y-+ r-+ �-+ +-r r-+ — �-+ •a-� — ++ � � � ++ ++ — w-+ �-+ -�-� �-+ r-+ ++ ++ c c c c c c c c c c c c c c c c c c c-- (p c c c c c c c c c c c d• O M to M r r ti M O CO M M O M i i Cfl M O CO O d O d M (0 O (O M O M r O r r r O O Il- M O O O O N N M M M d O O O O O M M 00 M I` 00 m m M M "• Lo m M 00 00 00 00 M M M O M M M M O M r r r r r r r r r r r r r r r M 00 M r r r r r r r r r r r r r r r r O r N M 0 CO M O O t 0 N M O O I` O N M dt 0 M r- M O O't M N M 't 0 M 00Lf)r00(000MM(O(OMCOCO(Ofl- rrI,-I-Il-I-I- 6999999999999999999999999999999999 - 000000000000000000000000000000000 Z N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M M C? (M M M M M M M C? C? M M CM C`M Ch Ch M M M Ch CSO CM M M CM Ch CM CM CM C? CM M M m M m m M M M M M M C7 co m co CM co co M M M M M M m M co M M M co M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N !Z. � ti ti ti ti ti ti ti� r� ti ti ti ti ti ti� ti ti� ti ti ti� t` t` ti t` ti t` ti f` CL LO 4- 0 N N O CQ w 00 Moor- 000000OOOOOt rt It LOCOCOOOOOOOOOOOOOO E tet, 't 0 N N N d; t M M CO N CO 0 m M r 0 (O 0 0 0 0 N N N N N N (O Nd MNM MNM N0N0 dM Md cMh MNM MNM 0M0 0M0 tiTN MV tirNNTN10 0O00000CO000r—O(` Nmtitir`r-r-ti0000LOu,) ti�r1-00 T T T T T T CO M M CO M CO M T r M N N N N N N d ti d d d rt N QN 64646403, 64Cfl(f}GD, CflGo (f3 CA 64 K -J, 6q 6R 6q 44.gGgd3oyGq(4H3GJ- ER64w,Go, 64646i .I N to L a O O O O O O O O O O O O O O O O O) B O O OJ 07 d) d) O O O O O d7 O O O) (h d d d d ctd d cFrrd d d d 4�M d' 44d'444 V 444 d'44.4 OOOOLOOOOOOOOLOOLOLOLO T L(j Lt73 0 to 0 0 0 UE Lf> Ln A 0 Ln Cfl E{3 Lt7 0 0 0 Ef? (A 60, Gr. A 64 Grk V3 60- Gr C O, Qfl 69 Cf} 6F? 6R 6F} y GH> t 64 Gq Gq ("> (a , 69 6s Go 6e? L U i L �U , O O O C C C O O O O O a) a) 0 O U O U U U U U U U U U c H O O O O O O O O O O O O O O ti ti� �. ti ti O O O O O O O O O O O O O O O M 0 0 0 0 0 O O O O O OT T T T T 0 0 0 6 0 0 0 0 0 0 0 0 0 0 CO 0 M M M 0 0 ti 00 d d M M LO M M I- d' It It It It� M 00 M m O M It O o M p 0 0 0 0 0 0 0 0 (p (p 0 0 0 0 0 0 000000 CO CO LO C) M 0 0 ti ti d' 00 ch I r N N N 0 d d d d d d 00 00 M QD 00 d T T T T M T T N C C C C C C C C C C C C C C C C C C C C C C C C C C C C C f. L L L A.A\ r.11.1L1.. L 1.^` 1.^` .�♦ 11. L S. (n in (n N L L 1.^, 1.A1.A1.A1AA.1.1t. L f.AAALS� 1.A1.A 'y-j rt+ � ai W W W W W W Ql ai W W W W > > > > > > > > > > > > > > > to to 0 w > > > > > > > > > > > > > > -------------- tcII ct0 (CCCf (cc6 ccN (cc6 CCN (cc6 cCCCf ccN CCN (cc6 tcc0 cCC0 (cc� tCCCf tCC0 (cc0 ccN tcc0 tcc0 (cc6 (cc0 (CC0 (cc� (CCtS (cc0 CCN ccN G G G G C G G G G G G G C G G W W W W G G G G G G G G G G G G G G P- r LO M M 0 00 T CO 0 (O t O M N p L j M 't �t CO O d' M "t CO M T M 0 r- O T O O pO 00 ti d V 0 0 0 0 M O O M r- (O 0 0 00 00 a0 M M M M M 00 00 00 00 a0 a0 00 r T T T I� r- r- I- r- ti I` r- i` I- i` r` I- I` T T T T T T T T T T T T T T T T T T T T T T T T T T T T T D. ti rZ r- 000 O ONO OMO w w 000 0~O OMO w m O m O O OT T- N N N N m O O O O T O O O O O O O O O O O r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z N N N N N N N N N N N N N N N N N M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M � M (h M (� M M M MMMM ('7 M M M M M M M MMM M M M M M M Ch Ch M Ch C7 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N X000) 00000000)000 W Od�000O000000000)OOO) y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N = ti t` ti ti ti I� ti f� f� t` ti�� r ti �� ti tit` ti ti ti ti r` ti I� ti ti ti r� ti O T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T a` LO 4- 0 M N O (0 a_ d V O 6 a. z 0 crw Q 0 Lc L m d .Q m O O N O C _ N LL N r OL M Q LL C:> N C1 C r o LL O N to L a O O O O O O O O O O O O O O O O O) B O O OJ 07 d) d) O O O O O d7 O O O) (h d d d d ctd d cFrrd d d d 4�M d' 44d'444 V 444 d'44.4 OOOOLOOOOOOOOLOOLOLOLO T L(j Lt73 0 to 0 0 0 UE Lf> Ln A 0 Ln Cfl E{3 Lt7 0 0 0 Ef? (A 60, Gr. A 64 Grk V3 60- Gr C O, Qfl 69 Cf} 6F? 6R 6F} y GH> t 64 Gq Gq ("> (a , 69 6s Go 6e? L U i L �U , O O O C C C O O O O O a) a) 0 O U O U U U U U U U U U c H O O O O O O O O O O O O O O ti ti� �. ti ti O O O O O O O O O O O O O O O M 0 0 0 0 0 O O O O O OT T T T T 0 0 0 6 0 0 0 0 0 0 0 0 0 0 CO 0 M M M 0 0 ti 00 d d M M LO M M I- d' It It It It� M 00 M m O M It O o M p 0 0 0 0 0 0 0 0 (p (p 0 0 0 0 0 0 000000 CO CO LO C) M 0 0 ti ti d' 00 ch I r N N N 0 d d d d d d 00 00 M QD 00 d T T T T M T T N C C C C C C C C C C C C C C C C C C C C C C C C C C C C C f. L L L A.A\ r.11.1L1.. L 1.^` 1.^` .�♦ 11. L S. (n in (n N L L 1.^, 1.A1.A1.A1AA.1.1t. L f.AAALS� 1.A1.A 'y-j rt+ � ai W W W W W W Ql ai W W W W > > > > > > > > > > > > > > > to to 0 w > > > > > > > > > > > > > > -------------- tcII ct0 (CCCf (cc6 ccN (cc6 CCN (cc6 cCCCf ccN CCN (cc6 tcc0 cCC0 (cc� tCCCf tCC0 (cc0 ccN tcc0 tcc0 (cc6 (cc0 (CC0 (cc� (CCtS (cc0 CCN ccN G G G G C G G G G G G G C G G W W W W G G G G G G G G G G G G G G P- r LO M M 0 00 T CO 0 (O t O M N p L j M 't �t CO O d' M "t CO M T M 0 r- O T O O pO 00 ti d V 0 0 0 0 M O O M r- (O 0 0 00 00 a0 M M M M M 00 00 00 00 a0 a0 00 r T T T I� r- r- I- r- ti I` r- i` I- i` r` I- I` T T T T T T T T T T T T T T T T T T T T T T T T T T T T T D. ti rZ r- 000 O ONO OMO w w 000 0~O OMO w m O m O O OT T- N N N N m O O O O T O O O O O O O O O O O r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z N N N N N N N N N N N N N N N N N M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M � M (h M (� M M M MMMM ('7 M M M M M M M MMM M M M M M M Ch Ch M Ch C7 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N X000) 00000000)000 W Od�000O000000000)OOO) y N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N = ti t` ti ti ti I� ti f� f� t` ti�� r ti �� ti tit` ti ti ti ti r` ti I� ti ti ti r� ti O T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T T a` LO 4- 0 M N O (0 a_ c (0 ti 7 L() M N (q N (q (0 (4 (q p*-: O Ln N M OO d; It N OR N Iq Ln Ln Iq Iq Iq LL) Ln M M N r M00 r O I- U) I— I- I,- I` N (0 r d' d d' I` (D 0 LO 0 T r T r O) r Op ti W C7 T Ch r r T T OC) Ln I,- (C (C) (C) L17 N M I� Mr, I` I` ti ti N ti i` r N N N M N M ch N 4 N N N N M N N N N N N M 't r t N N N N N N N N N r Q6464696% 69696464 on Go 6% 6469646464on to to on Go Go Go to to toto6%H?ERER(GIs (nO 0) 0 y M M M co M M M M M M M M M M M M M M M M M M M M M M M M M M M M to �.44LO44 4444 4d "T'1.4 4d 4"ct444444'' q -444't4 4 "T VJ L() Ln co Ln LO L!) U) LO LL) LL) LO Ln Ln LL) LL) Lt) LI) L() Ln Ln Ln L() LO LO LL) Lf) U) L!) Lf) Ln L() LL) Ln Q 64 Q. Go 6% Go to Go 6% on so to on6%U.cc GoERERERER6non6 onG,toto Goonon onGe> U L O .0 O C O C O C A N (Q L O L O 20 C 0) E a) CL Z O:3 OL O L U U U U U a) U CO N 0_ a� Lv � La m O O O O O O O O O O O O O N M O N O O (0 O O O O O O O O O O O O O LO N O O I` ~ 0 0 0 0 0 0 0 0 0 CM r 0 Ln LO Lq N O O M 0 0 0 0 Cl 0 0 0 0 0 (O y U-OOOOOOOOOOI`OOOOOOo I-- OON 0000000000 c) N C d' T Ln 1- 00 't 00 d' �t d' 't r- d- LL) d' 't d' t (O 00 M 00 Ln LO LO LO LO LL) Lf) LO t N lA Q I- LL d -W 0) ti 00 CO co O O CO N 0) (0 G yO r 000000000 `-O tnLnLnNOOO 000000000 1- O �' ( Ln I- 00 't 00 d' It d' It (0 �' o6 o6 6 d' It d' � CO W r r- Ln LO L!') Lf) Ln L17 L[) Ln d' CY) W L L C C - - +-+ - r-+ r-+ - - - - - - - - c C C C C C C C c C L L L L L L L L L N O) O C c C C C C C C C C C C C C C c c C C C 0 0 0 0 0 0 0 0 0 0 C N M M M MMM M MMM M m M M M M M M M M>>>>>>>>>> O d (6 LSS M MMMMMMMM M (z 'O I� M It d d (O d' (0 It M N D 00 M ti M r O LO r O M O Lt) r LO O M O M O Ln J Q d It d' LO (O I- I` w M O O O O m M M I` I` I` (i) M M M M N r T O O CS) CS) O ti t` ti�� ti ti� ti ti� ti� � ti ti ti ti ti ti� ti ti t` ti ti ti ti� (` 0 0 � r T T r T r T T T r T r T T T r T r T T T T r T T T T T T r T r d - N d' 1-- Ln CD I-- M O O T N M d' Ln (D N M O O T T N Il- M O O r N M V' 0 CO M O d. W LO N N N N N M M M M M M M M M M d d' M 00 't tt d' 0 LL) 0 Ln LO LO M LL) Lf) 6999999999999999999999999999999999 M M M M M M C'7 M M M M M M M M M M M M M M M M M M M M M M M M M M N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N C))OO()mCS)OOOOOOC)(A(n (A OOOOOOOA)OOOOOOO)OO d N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N =- I- I` I` I` r-- I` ti I` I` I` I` ti I` t` I` ti I` ti I` I` I-- I` ti N I` I` I` r ti ti I` I` I` O T T r r T r T T T T T T T T r r T T T T T T r T T T T T T r T r T O Q c LL W CO 0 0- 0 0 d M O O N w od10000000 tnON E N (o (o d, " (o O (o d N 00 wd N 0) Ln LO CO CO Ln LO LO r r O 0 0 (0 ti h O (0 ti ti ti O Ln N 0 (0 r r N N- r r O CO (O QGq Nf/%NVJ- u), vy on, 66Go ug, Ei3 A V! 2 42) 'p O IL z ~ d) a1 O O O O O a7 0 0 LO d d d d d d d d d M 0 0 In 0 0 0 0 0 0 0 Go, ER ER 6f3 (A 63 (fl «i 6f3 EFT 0 0 L C iL L U U U 0 .Q r M O q' 0 0 0 0 0 0 0 0 0 0 N 0m00000000000 In U- 4 0 0 0 0 0 0 0 L6 0 0 N C M dt It (0 to It ;I- �t Ln 00 N a p ( 0 +-+ O M N N C rp, 0 0 0 0 0 0 0 Lf) 0 0 p ti ct 4 (o (o 4" t "t U.) r LL 0 co r r L L0 L L L L L V L N N C > > > > > > > > > d Em m m L6 m m m N LO 'O -j M O (o 't (fl I. 00 N CO co Q M O O O r r N N M M ti (0 r- t` t` ti t` t` r- ti r N a o(DcMoCD(D(DCD(00o(br-i �-0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M M N N N N N N N CV N N N d N N N N N N N N N N N i i i i i i i i Q I- r- ti ti ti I- I- ti ti ti r- 0 0 r r r r r r r r r T T r` ti 0 LO ti O ff} Li 0) co 0) N M r• M m 41 O O LL w C o O e NX O U tq A CA CO w M lot LO 69 y w M `Q V low � L O LO w = = d O ao � � k M 00 3h h LO 4- G1 6i9' a> 4- O LO •� w m V 00 N i O O O = �w 69_ O O �a o a� vs to O � O .to N O O r = N 6 w t0 O •1.r o Q � 41 ; O .Q LO 0 LO 0 L.L RESOLUTION NO. 092804A THE CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION ADOPTING THE ASSESSMENT FOR THE 2003 STREET AND UTILITY IMPROVEMENTS WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment of the cost of improving of improving Walnut Street between Roselawn Avenue and Larpenteur Avenue, Malvern Street between Roselawn Avenue and Larpenteur Avenue, Summer Street between State Trunk Highway 280 and Eustis Street, Spring Street between State Trunk Highway 280 and Eustis Street, and Ione Street between State Trunk Highway 280 and Eustis Street by conducting street reconstruction, sanitary sewer improvements and replacement, water main replacement, storm sewer system improvements, and alley improvements; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF LAUDERDALE, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the construction of said improvement in the amount of the assessment levied against it. 2. Such assessments shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January 2005, and shall bear an interest rate of 5.2 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2004. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to the certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the City of Lauderdale, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the City of Lauderdale the entire amount of the assessment remaining unpaid, with interest accrued to the December 31 of the year in which the payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The City Administrator shall forwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Lauderdale City Council this 28th day of September, 2004. I CERTIFY THAT the above resolution was adopted by the City Council of Lauderdale this 28th day of September, 2004. (ATTEST) (SEAL) Jeff Dains, Mayor Rick Getschow, City Administrator 74 e&f 4 od"de� 1891 Walnut Street • Lauderdale • Minnesota • 55113 Phone: 651.631.0300 9 Fax: 651.631.2066 www.ci.lauderdale.mn.us September 9, 2004 Full Name Address Lauderdale, MN 55113 CITY OF LAUDERDALE NOTICE OF PUBLIC HEARING ON THE PROPOSED ASSESSMENT FOR THE LAUDERDALE 2003 STREET AND UTILITY IMPROVEMENTS NOTICE IS HEREBY GIVEN that the City Council will meet at 7:00 p.m. on Tuesday, September 28, 2004 in the Council Chambers at Lauderdale City Hall located at 1891 Walnut Street in said City to consider, and possibly adopt, the proposed assessment for the improvement of Walnut Street between Roselawn Avenue and Larpenteur Avenue, Malvern Street between Roselawn Avenue and Larpenteur Avenue, Summer Street between State Trunk Highway 280 and Eustis Street, Spring Street between State Trunk Highway 280 and Eustis Street, and Ione Street between State Trunk Highway 280 and Eustis Street by conducting street reconstruction, sanitary sewer improvements and replacement, water main replacement, storm sewer system improvements, and alley improvements. Adoption by the Council of the proposed assessment may occur at the hearing. The amount to be specially assessed against your particular lot, piece, or parcel of land at is $ Such assessment is proposed to be payable in equal annual installments extending over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 2005 and will bear interest at the rate of 5.2 percent per annum from the date of the adoption of the assessment resolution. To the first installment shall be added interest on the entire assessment from the date of the assessment resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. You may at any time prior to certification of the assessment to the county auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid within 30 days from the adoption of this assessment. You may at any time thereafter, pay to the County Auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. If you decide not to prepay the assessment before the date given above the rate of interest that will apply is 5.2 percent per year. The right to partially prepay the assessment according to the Lauderdale Assessment Policy Manual is available. The proposed assessment roll is on file for public inspection at the City Administrator's office. The total amount of the proposed assessment is $507,597,97. Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a written objection signed by the affected property owner is filed with the City Administrator prior to the assessment hearing or presented to the presiding officer at the hearing. The council may upon such notice consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narrative or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape-recorded (video-taped). 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. 7. The Council may adopt the proposed assessment at the hearing. An owner may appeal an assessment to district court pursuant to Minnesota Statutes § 429.081 by serving notice of the appeal upon the Mayor or City Administrator of the City within 30 days after the adoption of the assessment and filing such notice with the district court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes § 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homesteaded property owned by a person 65 years of age or older 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 become due. Any assessed property owner meeting the requirements of this law and the ordinance adopted under it may, within 30 days of the confirmation of the assessment, apply to the City Administrator for the prescribed form for such deferral of payment of this special assessment on his or her property. I have also enclosed an information sheet that summarizes this proposed assessment and the assessment notice. Please feel free to contact me with any questions or concerns that you may have. Sincerely, CITY OF LAUDERDALE Richard B. Getschow City Administrator FREQUENTLY ASKED QUESTIONS REGARDING THE STREET AND UTILITY IMPROVEMENT ASSESSMENT WILL I BE BILLED OR INVOICED FOR THIS SPECIAL ASSESSMENT? No. You do not receive a bill or an invoice for the assessment with a due date because it is placed on the property tax statement. This notice would essentially be your invoice. While the special assessment is not a property tax, it is placed on the property tax statement and spread out over a period of ten years with an interest rate of 5.2%. For example, if your assessment amount were $3,500.00, your property tax statement in 2005 would show an annual principal amount of $350.00 along with the annual interest amount that is calculated against the outstanding principal balance. Therefore, the $350.00 principal amount is the same throughout the ten years while the annual interest amount decreases each year as you lower your principal balance. WHAT IF I WANT TO PAY OFF THE ENTIRE ASSESSMENT BEFORE IT APPEARS ON NEXT YEAR'S PROPERTY TAX STATEMENT? Approximately 20% of those assessed prepay their assessment before it appears on the property tax statement the following year. This prepayment must be made within (30) thirty days of the approval of the assessment roll to avoid any interest installments. With this project, the prepayment period is scheduled to be from September 29 to October 29, 2004. During this time frame, payment must be made directly to the City of Lauderdale for the entire amount assessed. Following this date, the City certifies the remaining assessment amounts and sends the assessment roll to Ramsey County. After October 24, any pre -payment arrangements must be made through Ramsey County. Under no circumstances can full prepayment occur after November 15, 2003. • WHAT IF I WANT TO PAY JUST PART OF THE ASSESSMENT BEFORE IT APPEARS ON NEXT YEAR'S TAX STATEMENT? The City of Lauderdale does allow this. The same rules apply as above, except that whatever remaining balance is not pre -paid is spread over a ten-year period on the property tax statement with interest. (over) WHAT IF I DO NOT WANT TO PAY DURING THE PREPAYMENT PERIOD? You are not required to pay anything at this time. As stated above, if the assessment is not prepaid in the 30 -day period it is placed on the property tax statement over a ten-year period and collected through the property tax statement or your mortgage escrow. It is your choice. WHAT IF I DO NOT PAY DURING THE PREPAYMENT PERIOD, BUT WANT TO PAY OFF THE BALANCE AT A FUTURE DATE? In any given year, you can pay off the remaining principal balance of the assessment with interest accrued through the year in which you pay. There would be no payment due for interest in future years. This must always occur by November 15 for interest not to be charged for the following year. All arrangements for payment are made through Ramsey County. For example, if in the Summer of 2005 you wish to pay off the original $3,500.00 assessment, you would need to pay Ramsey County $3,150 by November 15, 2005. The amount is $3,150 because the first $350.00 installment and applicable interest was placed on your 2005 tax statement following November 15, 2004. (i.e., $3,500.00-$350.00=$3,150) WHO DO I CONTACT AT RAMSEY COUNTY REGARDING THE SPECIAL ASSESSMENT AFTER THE CITY CERTIFIES IT TO THE COUNTY? The Ramsey County Property Records and Revenue Department deals with special assessment inquires and payment issues. Their number is 651-266-2000. SECTION 1: GENERAL POLICY STATEMENT The purpose of this assessment policy manual is to set forth a guide of policies and procedures to be followed by the City of Lauderdale in making improvements and charging special assessments to finance such improvements. Minnesota State Statutes, Chapter 429, 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 & gutter, surfacing, sidewalks and street lighting. The various procedures that a municipality must follow in regards to financing public improvements are well defined within the law. The special assessment is a device used to finance these public improvements desired by a particular neighborhood or area. The beginnings of use of the special assessment dates back over three hundred years. It has now grown to be an essential and reliable source of municipal revenue. A. CHARACTERISTICS AND APPLICATIONS Special assessments are defined by three distinct characteristics: 1, They are compulsory charges used to finance particular public improvement programs. 2. The special assessments are charged only against those particular parcels of property deemed to receive some special benefit from the program. 3. The amount of the assessment bears some relationship to the value of the benefits received: (a) the assessment must be confined to property specially benefited; and (b) the amount of the assessments must not exceed the special benefits. In theory, special assessments are frequently regarded as more equitable than property taxes because a more direct benefit is received from the improvements undertaken. Also, special assessments are only imposed on real estate, and they are never levied upon personal and/or movable property. CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL Special Assessments have three important applications.: 1. Financing New Improvements. The assessments are frequently used to finance the opening and surfacing of streets, installation of utility lines, construction of curb and gutter, and the provision of street lighting. 2. Financing Redevelopment. When commercial and residential neighborhoods are confronted with deterioration, special assessments can be utilized in a variety of ways to good advantage to redevelop and revitalize an area. 3. Financing Major Infrastructure Maintenance Programs. Large-scale repairs and maintenance operations on streets, sidewalks, sewers and similar facilities can and often should be financed with special assessments. SECTION 2: INTENT The policies contained in this document establish and delineate a procedure for undertaking public improvements and levying special assessments pursuant to Minnesota State Statutes. This policy should be viewed as a starting point for conducting assessments for public improvement projects. When an improvement conveys special benefit to properties in a definable area, the City intends to levy special assessments on those benefited properties to finance such improvements. It shall be the policy of the City of Lauderdale that the amount of the assessment for public improvements should not exceed the special benefit to the property. The City will use the assessment policy to insure that assessments have a reasonable relationship to benefits. Public improvements include the construction and reconstruction of streets, sidewalks, storm sewer, sanitary sewer, water works, street lighting, or any other public improvements allowed by State law. When applying this assessment policy manual the City Council reserves the right to adjust the policy so as to achieve a more equitable distribution. This may occur in. the event that the literal application of the provisions outlined herein would result in an inadequate distribution of special assessments. The City maintains the right to apply this policy differently for the purposes of fairness and equity. It should also be noted that any errors or omissions in this policy are not to be held against the City of Lauderdale. P) CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL SECTION 3: GENERAL ASSESSMENT POLICY A. TYPES OF IMPROVEMENTS This policy shall relate only to those public improvements allowable under Minnesota State Statutes, Chapter 429. Those public improvements include, but are not limited to, the following: • Street Improvements; including curb, gutter, grading, graveling, and surfacing • Sanitary sewer system improvements • Water utility system improvements • Storm sewer and drainage systems • Planting, trimming, care and removal of trees • Sidewalks • Street lighting systems • Service charges that are unpaid for the cost of rubbish removal from sidewalks, weed elimination, and the elimination of public health or safety hazards, upon passage of appropriate ordinances. B. INITIATION OF IMPROVEMENTS The initiation of public improvement projects may occur in one of three ways: Petition of not less than 35% of property owners. An improvement project can begin with a signed petition by the owners of not less than 35% of the frontage of the real property abutting the proposed improvements. This improvement can only be ordered after a public hearing.. 2. Petition of 100% of property owners. An improvement project can begin with a signed. petition by the owners of 100% of the frontage of the real property abutting the proposed improvements. This improvement does not require a public hearing, and may be ordered by the City Council by a simple majority vote if the petitioning property owners agree to pay 100% of the costs of the improvements. 3 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 3. City Council Initiation. No petition is needed. This improvement can only be ordered after a public hearing. The resolution ordering the improvement must be adopted by four-fifths (4/5) vote of the City Council. A complete outline of the public improvement process is provided in Section 9. C. GENERAL DEFINITIONS 1. Project Cost. The "project cost" of an improvement shall be deemed to include the costs of all necessary construction work required to accomplish the improvement, including expenses incurred or to be incurred in making the improvement that includes engineering, consulting, legal, administration, financing, easements, right-of-way acquisition, and other contingent costs. 2. City Cost. Where the project cost of an improvement is entirely attributable to the need for service to the areas served by said improvement, or whereas unusual conditions beyond the control of the property owners in the area served by the improvement would result in inequitable distribution of special assessments, the City, through the use of other funds, may negotiate such "city costs" which, in the opinion of the City Council, represents those costs not directly attributable to the area served. 3. Assessable Cost. The "assessable cost" of an improvement shall be defined as those costs which, in the opinion of the City Council, are attributable to the need for service in the areas served by the improvement and are not in excess of the special benefit conveyed to the property by the improvements. 4. Use of Other Funds. If financial assistance is received from the federal government, from the State of Minnesota, or from any other source to defray a portion of the cost of a given improvement, such aid will first be used to reduce the city cost of the improvement. Project Cost — City Cost — Use of Other Funds = Assessable Cost 5. City Property. City -owned property, including municipal building sites, park, nature areas, but not including pubic streets and alleys shall be regarded as being assessable on the same basis as if such property was privately owned. S CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 6. Application of Policy. In the event the literal application of the provisions outlined herein would result in an inadequate distribution of special assessments in the opinion of the City Council, the Council reserves the right to adjust the policy so as to achieve a more equitable distribution. Such adjustment may be based on current or anticipated land use. SECTION 4: METHOD OF ASSESSMENT A. DEFINITIONS The assessable costs of the improvement shall be distributed among the affected property owners according to the methods outlined in this section. The following shall apply in determining assessable costs: 1. Adjusted Front Footage shall be expressed to the nearest foot. 2. Measures of dimension, distance, or size shall be based on recorded platting data, wherever possible. B. FRONT FOOT METHOD Improvement costs are commonly distributed according to the "adjusted front footage" of a parcel or lot. In this method, the city determines a rate of assessment per front foot. The result is an assessment that applies to each parcel as follows: Assessment = Assessment rate per front foot x parcel's adjusted front footage Because individual parcels can differ considerably in shape and area, the following procedures will be used to calculate what the adjusted front footage is for particular parcels. 1. Rectangular Interior (Standard) Lots. For rectangular interior lots, the footage equals the dimension of the side of the lot abutting the improvement. W CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 2. Cul-de-sac Lots. For cul-de-sac lots, footage equals the lot width at the building setback requirement line. 3. Curved Frontage Lots. For other lots with curved frontage, footage equals the dimension of the side of the lot abutting the improvement. 4. Corner Lots. When improvements are made to both sides of a corner lot, in the case of a street improvement project which abuts both 'sides of a corner lot, 100 percent (100%) of the adjusted front footage of the short side will be assessed and 25 percent (25%) of the adjusted front footage of the long side will be assessed for improvement benefiting the respective sides. The length of the property sides and not the orientation of the principal building shall determine the adjusted front footage in this case. The short property side shall be considered the principal side. CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL When improvements are made to only one side of a corner lot where the long side of the lot is affected, 25 percent (25%) of the adjusted front footage of the long side will be assessed for improvement. A series of lots (two or more) under common ownership shall be considered as one parcel or lot for determining which is the short or long side of a property. 5. Double Frontage Lots. If a parcel comprises frontage on two streets and is eligible for subdivision, then an adjusted front footage assessment will be charged along each street. For double frontage lots lacking the necessary depth for subdivision, the property will be assessed on the basis of the average of the two frontages. If the double frontage lot is a corner lot, the entire short side shall be treated as one side to be assessed at 25%. 7 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL C. AREA METHOD Assessments may be distributed according to the gross area of the benefited lot or parcel. The assessable area shall be expressed in terms of the number of acres or the number of square feet subject to assessment. Assessment = Assessment rate per acre or sq. ft. x area to be assessed (acres or sq. ft.) Where appropriate, an allowance will be made for streets. When the area is platted, a deduction will be made for the actual and proposed street right-of-way. For unplatted land with no streets platted or proposed, a deduction of 20% of the gross acreage applies as a street credit. D. UNIT/WEIGHTED LOT METHOD When the City Council determines that the assessable cost would be more equitably distributed on a unit basis, all lots will be reviewed for conformity and a standard lot size will be determined. Any lot that could be divided to form more than one lot shall be given a weighted lot or residential equivalent unit. Each residential equivalent unit shall be charged with one assessment charge. New subdivisions will generally use the unit/weighted lot method for all improvements. SECTION 5: STREET IMPROVEMENTS A. NEW STREET CONSTRUCTION Street construction is defined as the initial installation of a permanent street into an area, consisting of the necessary grading, base, hard surfacing (bituminous or concrete), and curb and gutter. 1. Policy. Street construction will occur only after all utilities and utility service lines have been installed to serve each known and assumed location. No street construction shall be approved for less than both sides of a street except as necessary to complete the improvement of a block that has previous partial completion. 2. Method of Assessment. The assessable costs for street construction shall be distributed among benefited properties on an adjusted front footage or unit basis. CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 3. Assessable Cost. The assessable cost equals 100 percent (100%) of the entire project cost for the street construction including intersections, alley openings, and street openings. B. STREET RECONSTRUCTION AND RESURFACING Street reconstruction and resurfacing is defined as the rehabilitation of an existing street. Street reconstruction and resurfacing projects shall include but are not limited to the following: • Rehabilitation of an existing street: Reconstruction of an existing street including but not limited to grading, necessary drainage, curb and gutter and hard surfacing. • Cold in place recycling and repaving (CIR/Repaving): Recycling of existing deteriorated pavements by pulverizing, mixing with new asphaltic oils and compacting in place. New paving materials are then placed over the cold recycled pavement similar to a standard overlay. • Bituminous Overlay. Placement of an additional bituminous layer, generally one to two inches thick, over an existing bituminous surfaced street. • Concrete Pavement Restoration: Replacement of existing concrete panels which have deteriorated, mud jacking panel to improve rideability, and the filling of joints and cracks with a petroleum-based material to eliminate flow of water to the base below the surface. 1. Method of Assessment. The assessable costs for street construction shall be distributed among benefited properties on an adjusted front footage basis. 2. Assessable Cost. The front footage assessment rate shall be determined by dividing the project cost by the total number of adjusted front feet in the project area x the individual adjusted front footage x 40 percent (2/5 or 0.40). The assessments per adjusted front foot may vary depending on the underlying zoning of a parcel. 3. Front Foot Maximum. For single-family residential units and duplexes, the maximum amount of footage to be assessed for individual adjusted front footage for each parcel or lot shall be eighty (80) feet. 9 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL C. MAINTENANCE Maintenance is a cost-effective measure to extend the useful street life of a particular roadway and to delay street reconstruction needs. Maintenance projects shall include but are not limited to the following: • Crack Sealing - Placement of petroleum-based material in the cracks of a bituminous surfaced -street for the purpose of eliminating the flow of water from the surface to the aggregate base material below. ® Bituminous Seal Coating - Placement of petroleum-based material and aggregate on an existing bituminous surfaced street for the purpose of filling cracks and covering mild wear. • Bituminous Surfacing Patching - Repair or replacement of existing bituminous surfacing or portions of surfacing which has deteriorated. Assessable Costs. Maintenance improvements are not assessable costs. D. APPURTENANCES Appurtenances are items such as sidewalks, street lighting, or trees that are often encountered during street improvement projects. 1. Policy. Appurtenances to new street construction, street reconstruction or resurfacing projects shall be included in the cost of the street improvement project and assessed according to those methods and policies. Appurtenances constructed or provided separate from new street construction; street reconstruction or resurfacing projects shall be assessed 100% of the entire project cost. SECTION 6: SANITARY SEWER AND WATER IMPROVEMENTS A. SANITARY SEWER AND WATER - MAINS AND TRUNKS Repair and replacement of sanitary sewer or water mains are usually done in conjunction with a street improvement project, when needed. 1. Assessable Costs. New Sanitary sewer and water main improvements are 100 percent assessed to benefiting properties. Replacement sanitary sewer and water main improvements are not assessable costs. 10 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL B. SANITARY SEWER AND WATER - INDIVIDUAL SERVICES For individual services, the City shall maintain and improve, if necessary, all service lines between the individual property line and the city main in the public right-of-way. All service lines from buildings to the property line are the responsibility of the benefited property. 1. Assessable Cost. Individual sanitary and water individual services are not assessable costs. SECTION 7: STORM SEWER SYSTEM IMPROVEMENTS Storm drainage and ponding/basin systems are usually constructed to serve a specific drainage or "watershed" area. The cost of storm system and drainage improvements shall not be assessed pursuant to this policy. In 1994, the City established a Storm Water Drainage Utility (City Code 8-3-1) in the City of Lauderdale. The revenues collected for this Utility are intended to fund the general operating costs of the storm and drainage system, along with capital improvements associated with this overall system. SECTION 8: SUPPLEMENTAL ASSESSMENT GUIDELINES A. SUPPLEMENTAL ASSESSMENT AND REASSESSMENT The City Council may, subject to legal notice and hearing requirements, make supplemental assessments to correct omissions, errors, or mistakes in the relating to the total cost of the improvement or any other particular item. If an assessment is set aside by a court for any reason or if the Council finds that the assessment or any -part of it is excessive or determines on the advice of the City Attorney that it is or may be invalid for any reason, the Council may upon notice and hearing as required for the original assessment, make a reassessment or a new assessment as to such parcel or parcels. 11 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL B. PRELIMINARY PLAT CONSIDERATION Land could be considered for assessment based on preliminary plat consideration. The consideration will occur only when the following scenario exists: The City Council has approved the preliminary plat; and A public hearing ordering the improvement project has not yet occurred. In the event this exists, assessment frontages may be calculated based upon the proposed lot configuration within the preliminary plat. Road right-of-way within the proposed street alignment will not be subject to assessment C. TAX-EXEMPT PROPERTY Other than land under city ownership, there are three categories of tax exempt property. Said properties are to be assessed as follows: 1. All aspects of this policy apply to tax-exempt property with the exception of Section 5 (B) entitled street reconstruction and resurfacing. The front footage assessment rate for tax-exempt shall be determined by dividing the project cost by the total number of adjusted front feet in the project area x the individual adjusted front footage. It is important to note that the assessments should not exceed the special benefits conferred. 2. State land is subject to assessment based upon procedures set forth in Minnesota State Statutes, Section 435.19, subd.2. 3. County land and land owned by all other local taxing jurisdictions is subject to assessment and shall be assessed in the same manner as if it were privately owned, subject to the limitations set forth in Minnesota State Statutes, Section 435.19, subd.1, as long as the assessments do not exceed the special benefits conferred. D. COMMERCIAL PROPERTY All aspects of this policy apply to commercial property with the exception of Section 5 (B) entitled street reconstruction and resurfacing. The front footage assessment rate for commercial property shall be determined by dividing the project cost by the total number of adjusted front feet in the project area x the individual adjusted front footage. 12 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL E. MULTIPLE DWELLING UNITS Multiple dwelling units are defined for the purposes of this policy as those that consist of three or more dwelling units. All aspects of this policy apply to multiple dwelling units with the exception of Section 5 (B) entitled street reconstruction and resurfacing. The front footage assessment rate for multiple dwelling units shall be determined by dividing the project cost by the total number of adjusted front feet in the project area x the individual adjusted front footage. It is important to note that the assessments should not exceed the special benefits conferred. F. TOWNHOUSES AND CONDOMINIUMS All aspects of this policy apply to townhouses and condominiums with the exception of Section 5 (B) entitled street reconstruction and resurfacing. The front footage assessment rate for townhouses and condominiums shall be determined by dividing the project cost by the total number of adjusted front feet in the project area x the individual adjusted front footage. It is important to note that the assessments should not exceed the special benefits conferred. G. TAX FORFEITURE ASSESSMENTS When a parcel of tax forfeited land is returned to private ownership, and the parcel is benefited by an improvement for which special assessments were canceled because of the forfeiture, the City may, upon notice and hearing as provided for the original assessment, make a reassessment or a new assessment as to the parcel in an amount equal to the remaining unpaid on the original assessment. H. NEW DEVELOPMENTS AND SUBDIVISIONS The improvement costs of new subdivisions shall be the sole responsibility of the property developer except consideration shall be given for assessing.any other properties that receive special benefit from the improvements. I. ASSESSMENT OF NON -CITY ROADS The City reserves the right to assess its share of county road projects to properties along county roads in the same manner as city streets are assessed. 1K3 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL SECTION 9: LOCAL IMPROVEMENT PROCESS A. INITIATION OF PROCEEDINGS Improvement project proceedings may be initiated in any one Of the three (3) following ways: ® Petition by not less than thirty five percent (35%) of the affected property owners determined by front footage. o Petition by 100% of the affected property owners. ® By order of the City Council, B. PROCEDURAL STEPS FOR PROJECTS WHICH ARE NOT 100% PETITIONED An improvement project that is initiated by action of the City Council or by a 35% petition may be ordered only after a public hearing. The following are the procedural steps that must be followed by the City Council prior to the ordering of an improvement if it is not initiated by a 100% petition. Feasibility Report. Prior to adopting a resolution calling a public hearing on an improvement, the City Council must secure from the City Engineer a report advising it in a preliminary way: a.) as to whether the proposed improvement is feasible; b.) as to whether it should be made as proposed or in connection with some other improvement; and c.) the estimated cost of the improvement. [See "Resolution Ordering a Preparation of Report on the Improvement" attached in the Appendix as Form 4A] . 2. Resolution Calling Public Hearing. The City Council must adopt a resolution calling a public hearing on the improvement project. Mailed and published notice of the hearing must be given as described in the next paragraph below. The notice of public hearing must include the following information: a.) the time and place of the public hearing; b.) the general nature of the improvements; c.) the estimated costs; and d.) the area proposed to be assessed 14 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL [See "Resolution Receiving Report and Calling Hearing on Improvement" attached in the Appendix as Form 5] 3. Mailed Notice of Hearing to Property Owners Proposed to be Assessed. Not less than ten (10) days before the hearing, the notice of hearing must be mailed to the owner of each parcel in the area proposed to be assessed. For purposes of determining who is to receive notice, the owners of the property are those shown on the records of the county auditor, or in any county where the City Treasurer mails tax statements. The owners of property that is tax exempt or subject to taxation on a gross earnings basis shall be as certified by any practicable means. [See "Notice of Hearing on Improvement" attached in the Appendix as Form 6] 4. Published Notice of Hearing. The notice of public hearing must be published in the city's legal newspaper at least twice, each publication being at least one week apart, with the last publication occurring at least three days prior to the hearing. 5. Resolution Ordering the Improvement. The resolution ordering the improvement must be adopted within six months of the date of the public hearing by a four-fifths vote of the City Council, unless the improvement was initiated by a thirty-five percent (35%) petition, in which event it may be adopted by a majority vote. The resolution may reduce, but not increase, the extent of the improvement as stated in the notice. [See "Resolution Ordering Improvement and Preparation of Plans" attached in the Appendix as Form 7] C. PROCEDURAL STEPS FOR 100% PETITIONED PROJECTS Improvement projects, which are initiated by a 100% petition, may be ordered by the City Council without a public hearing if the petitioning property owners agree to pay 100% of the costs of the improvements. If any portion of the cost of the improvements including issuance _costs of the bonds, such as discount, capitalized interest and legal fees, are not included in the amount assessed, but are to be repaid by an ad valorem property tax levy, a public hearing must be held. The following are the procedural steps for a 100% petitioned project: 1. Petition. The City Council must receive a petition which is both signed by all of the owners of the real property abutting any street named as the location of the improvement, and states that they agree to pay 100% of the cost of the improvements. 15 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL [See "100% Petition for Improvements" attached in the Appendix as Form 1] 2. Resolution Determining Sufficiency of Petition and Ordering Improvement. Upon receipt of the 100% petition, the City Council must determine that it has been signed by 100% of the owners of the affected property, and that they have agreed to pay 100% of the costs of the improvements. After making this determination, the project may be ordered without a public hearing. D. ISSUANCE OF BONDS At any time after the City Council has ordered the improvements, the City Council may issue its general obligation bonds to finance the cost of the improvements. In the event of any omission, error or mistake in any of the proceedings precedent to the ordering of the improvements, state law provides that the validity of the bonds will not be affected by such deficiencies. However, deficiencies in these proceedings may result in property owners successfully appealing the special assessments levied against their property. The resolution authorizing the issuance of the bonds will contain covenants by the City Council that at least 20% of the cost of each improvement project will be specially assessed against the benefited property, and the City Council will take all further actions and proceedings necessary in order for the final and valid levy of special assessments. These two covenants are necessary in order for the bonds to be issued without an election. E. LETTING CONTRACTS 1. Ordering Plans and Specifications. After the ordering of an improvement project, the City Council must order the preparation of plans and specifications. This may be included as part of the resolution ordering the improvement. [See "Resolution Ordering Improvements and Preparation of , Plans" attached in the Appendix as Forms 7 and 7A] 16 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 2. Advertisement for Bids. If the estimated cost of the improvement exceeds $25,000, bids must be advertised for in the legal newspaper and such other papers and for such length of time as the City Council deems desirable. If the estimated cost of the improvement exceeds $100,000, the advertisement must be in a paper published in a first class city or in a trade paper not less than three (3) weeks before the last date of the submission of the bids. The notice must contain the following information: a.) the work to be done; b.) the time when the bids will be publicly opened, which must not be less than ten (10) days after the first publication of the advertisement when the estimated cost is less than $100,000, and not less than three (3) weeks after publication in all other cases; and c.) a statement that no bids will be considered unless they are sealed and accompanied by cash, a cashier's check, bid bond, or certified check for such percentage of the bid as specified by the City Council. [See "Resolution Approving Plans and Specifications and Ordering Advertisement for Bids" attached in the Appendix as Form 9] 3. Award of Contracts. The City Council must either award the contract to the lowest responsible bidder or reject all bids. The contract must be awarded no later than one year after the adoption of the resolution ordering the improvement, unless the resolution ordering improvement specifies a different time limit. [See "Resolution Accepting Bid" attached in the Appendix as Form 12] [See "Sample Contract" attached in the Appendix as Form 13] If: a.) the initial cost of the entire work does not exceed $25,000; b.) if no bid is submitted after advertisement; or c.) if the only bids are higher than the engineer's estimate; the City Council may purchase the materials and order the work done by day labor or in any manner it deems proper. If the estimated cost exceeds $10,000, the work must be supervised by the City Engineer or some other qualified person. 17 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL F. SPECIAL ASSESSMENT PROCEDURES The cost of any improvement undertaken in accordance with the procedures set forth in Chapter 429 may be specially assessed, in whole or in part, upon property benefited by the improvement, whether or not the property abuts on the improvement. The area to be assessed may be less than, but not more than, the area proposed to be assessed as stated in the notice of public hearing on the improvement. 1. Resolution Determining Amount to be Specially Assessed. After the 1 expense incurred or to be incurred in the completion of an improvement has been calculated, the City Council must determine the amount it will pay and the amount to be specially assessed. [See "Resolution Declaring Cost to be Assessed and Ordering the Preparation of the Proposed Assessment" attached in the Appendix as Form 22] The City Clerk, with the assistance of the engineer or other qualified person, must calculate the amount to be specially assessed against every parcel of land. The assessment roll must be filed with the City Clerk and available for public inspection. 2. Resolution Calling Public Hearing on Assessments. A public hearing on the special assessments must be held following published and mailed notice thereof as described below. The notice of public hearing must include the following information: a.) date, time, and place of the meeting; b.) the general nature of the improvement; c.) the area proposed to be assessed; d.) the total amount of the proposed assessment; e.) that the assessment roll is on file with the City Clerk; f.) that written or oral objections will be considered; g.) that no appeal may be taken as to the amount of the assessments unless a written objection signed by the affected property owner is filed with the City Clerk prior to the hearing or presented to the presiding officer at the hearing; h.) that the owner may appeal the assessment to the district court by serving notice on the Mayor or City Clerk within three (3) working days after the adoption of the assessment and filing notice with the court within ten (10) days after such appeal to the Mayor or City Clerk; and i.) any deferment procedures established by the City Council for senior citizens. IV CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL [See "Resolution Calling for Hearing on Proposed Assessments" attached in the Appendix as Form 24] 3. Published Notice. The notice of the assessment hearing must be published in the legal newspaper at least once, not less than two weeks prior to the hearing. 4. Mailed Notice, The City Clerk must mail notice of the assessment hearing to the owner of each parcel described in the assessment roll at least two weeks prior to the hearing. For purposes of giving mailed notice, the owners shall be those shown on the records of the county auditor, or in any city where tax records are mailed by the City Treasurer. The mailed notice must also include, in addition to the information required to be in the published notice, the following information: a.) the amount to be specially assessed against that particular lot, piece, or parcel of land; b.) adoption by the City Council of the proposed assessment may be taken at the hearing; c.) the right of the property owner to prepay the entire assessment and the person to whom the prepayment must be made; d.) whether partial prepayment of the assessment has been authorized by ordinance; e.) the time within which prepayment may be made without the assessment of interest; and f.) the rate of interest to accrue if the assessment is not prepaid within the required time period. [See " Affidavit of Mailing of Assessment Hearing Notice attached in the Appendix as Form 25A] 5. Adoption of Assessments. At the hearing or any adjournment thereof, the City Council may adopt the assessments as proposed or adopt the assessments with amendments. If the adopted assessment differs from the proposed assessment, the City Clerk must mail the owner a notice stating the amount of the adopted assessment. Owners must also be notified by mail of any changes in interest rates or prepayment provisions from those contained in the notice of the proposed assessment. [See "Resolution Adopting Assessment" attached in the Appendix as Form 26] 19 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 6. Transmittal of Assessments to the County Auditor. After the adoption of the assessment, the City Clerk must transmit a certified duplicate copy of the assessment roll to the county auditor. [See "Certificate to the County Auditor" attached in the Appendix as Forms 28 and 28A] In the alternative, the City Council may direct the City Clerk to file the assessment roll in the Clerk's office and to certify annually to the county auditor, on or before October 10th in each year, the total installments of principal and interest thereon to become due in the following year. With the certification of the assessments to the county auditor, the procedures under Minnesota State Statutes, Chapter 429 are complete. SECTION 10: SPECIAL ASSESSMENTS FOR CURRENT SERVICES The City Council may provide for the collection of certain service charges as a special assessment against the property benefiting from the service. Special charges that may be assessed include, but are not limited to, those as defined by State Statutes. SECTION 11: CONDITIONS OF PAYMENT OF ASSESSMENTS Minnesota State Statutes, Chapter 429, provide the City with considerable discretion in establishing the terms and conditions of payment of special assessment by property owners. Chapter 429 does establish two precise requirements regarding payment. First, the property owner has thirty (30) days from the date of adoption of the assessment roll to pay the assessment in full without interest charge (429.061, subd. 3). Second, all assessments shall be payable in equal annual installments extending over a period not exceeding thirty (30) years from the date of adoption of the assessment roll (429.061, subd. 2). The conditions of payment established in this section follow the requirements of Chapter 429 and seek to balance the burden of payment of the property owner with the financing requirements imposed by debt issuance. 20 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL A. TERMS OF ASSESSMENT The City shall collect payment of special assessments in equal annual installments of principal for the period of years indicated from the year of adoption of the assessment roll by the following types of improvements: • Sanitary Sewer System Improvements 10-25 years • Water System Improvements 10-25 years • Street System Improvements (street, alley, curb and gutter) 10-25 years • Appurtenances 10-25 years • Improvement District 5-10 years In some cases, improvements that are undertaken could warrant longer or shorter terms. For example, a separate sidewalk improvement may be assessed over a five (5) year period because the costs may be nominal. Also, some major reconstruction projects with several types of improvements could lead to a very high assessment that could create a financial hardship if assessed over a ten (10) year term. A thirty (30) year term could be appropriate in this case. In any event, the assessment term should never exceed the potential life of the improvement. B. INTEREST RATE The City most often finds itself required to issue debt in order to finance improvements. Such debt requires that the City pay an interest cost to the holders of the debt with such interest cost varying on the timing, bond rating, size and type of bond issue. In addition, the City experiences problems with delinquencies in the payment of assessment by property owners or the inability to invest prepayments of assessments at an interest rate sufficient to meet the interest cost of the debt. These situations create immediate cash flow problems in the timing and ability to make scheduled bond payments. Therefore, for all projects financed by debt issuance, the interest rate charged on assessments shall be 2.0% greater than the new interest on the bonds issued, or 2% greater than the current investment rate if the project is funded internally. C. PREPAYMENT AND ASSESSMENT CERTIFICATION 1. Partial Prepayment. After the adoption by the City Council of the assessment roll in any local improvement proceeding, the owner of any property specially assessed in the proceeding may, prior, to the certification of the assessment of the first installment to the County Auditor, pay to the City any portion of the assessment. The remaining unpaid balance shall be spread over the period of time established by the Council for installment payment of the assessment. 21 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 2. Certification of Assessments. After the adoption of any special assessment by the City Council, the City Clerk shall transmit a certified duplicate of the assessment roll with each installment, including interest, set forth separately to the County Auditor on an annual basis to be extended on the proper tax lists to the County. SECTION 12: HARDSHIP DEFERRALS Minnesota State Statutes Chapter 435.193, allows the City, at its own discretion, to defer the payment of any 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. A. POLICY In determining whether or not a senior citizen is eligible for deferral of special assessment installment payments, the following criteria are established: 1. Effective Date. Senior citizen special assessment hardship deferral applies to special assessments levied after the date of the Policy. 2. Application. Senior citizen special assessment hardship deferral applies to qualifying special assessments against all properties classified as "homestead" pursuant to Minnesota State Statutes Chapter 273, where one or more owners of such a property is 65 years of age or older and it would create a hardship for the owner or owners of the property to pay the special assessment installments as they become due. 3. Hardship Defined. It shall be presumed that a hardship exists if: (a) the annual assessment installment exceeds I. percent (1%) of the previous year's total adjusted gross incomes, for Federal Income Tax purposes, for all owners of the property. In no event shall "total adjusted gross income" include Social Security benefits, railroad retirement benefits, retirement benefits attributable to employee contributions, disability benefits, personal injury awards or workmen's compensation payments; and (b) all owners of the property verify, under oath, that they meet the criteria for establishing a hardship by completing an application provided by the City; 22 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL 4. Exceptional Cases. In cases where exceptional and unusual circumstances exist, the City Council may determine that a hardship exists despite the fact that the minimum income requirements as defined in this section do not exist. Such cases shall be decided by the City Council on a case-by-case basis. B. INTEREST Interest will be charged on any assessment deferred pursuant to this policy at a rate equal to the rate charged on other assessments for the particular public improvement .project that the assessment is financing. C. TERMINATION OF DEFERMENT The option to defer the payment of special assessments pursuant to this Ordinance shall terminate and all installment amounts previously deferred, plus applicable interest, shall become due upon the occurrence of any of the following events: • Request of the property owner • Death of the property owner 65 years of age and older, providing the surviving owner is otherwise not eligible for the deferral • Sale, transfer, or subdivision of the property or any part thereof • The City determines that the hardship no longer exists • The property, for any reason, loses its homestead status SECTION 13: FINANCING A. AUTHORITY At any time after one or more improvements are ordered, the City Council may issue obligations in such amount as it deems necessary to defray in whole or in part the costs incurred and estimated to be incurred in making the improvements. 23 CITY OF LAUDERDALE ASSESSMENT POLICY MANUAL B. TYPES OF OBLIGATIONS Obligations used to finance public improvement projects are called improvement bonds. The proceeds from the sale of the improvement bonds are used to fund project costs. The improvement bonds are then paid off as the funds become available through collection of special assessments and any taxes levied for that purpose. Improvement bonds carry the City's general obligation pledge. C. METHOD OF ISSUANCE All improvement bonds shall be issued in accordance with the provisions of Minnesota State Statutes, Chapter 475. If twenty percent (20%) or more of the cost of the improvement or improvements is to be assessed against benefited properties, no election is required prior to issuing the improvement bonds and the improvement bonds do not count against the City's statutory debt limit. D. CONSOLIDATING PROJECT FINANCING If several public improvements are being carried out at the same time, the City Council reserves the right to consolidate all necessary financings into one improvement project for the purpose of issuing improvement bonds. This election will be made at the time of the public hearing on the improvements. 24 27. Appeals to District Court Within 30 days after the adoption of the assessment, any person aggrieved may appeal to the district court by serving a notice upon the mayor or clerk; however, no appeal may be taken on the amount of the assessment unless a written objection signed by the property owner is filed with the city clerk prior to the assessment hearing or is presented to the presiding officer at the hearing. (Minn. Stat. 429.061, subd. 1.) The notice of appeal must be filed with the clerk of the district court within ten days after the service on the city. The city clerk is required to furnish the person appealing a certified copy of objections filed in the assessment proceedings, the assessment roll or part complained of, and all papers necessary to present the appeal. The appeal is placed upon the calendar of the next general term of the district court commencing more than five days after the date of serving the notice and is tried like other appeals in such cases. If the person appealing does not win his case, the costs of the appeal are taxed by the court and judgment entered for them. All objections to the assessment are waived unless presented on such appeal (Minn. Stat. 429.081) except the defense of payment or exemption of the property from assessment. (State v. Roselawn Cemetery Association, 259 Minn. 479, 108 N.W.2d 305 (1961)). On appeal the district court must either affirm the assessment or set it aside and order a reassessment. These provisions for appeals to the district court are the exclusive method of appeal from a special assessment levied under the local improvement code. (Minn. Stat. 429.081.) Thus, it is not possible to contest such an assessment under the statute providing for contesting property tax levies. (Minn. Stat. 278.01, subd. 3.) As stated earlier, the statute does not require notification of affected landowners, either by publication or personally, of the final approval of the assessment. While the Minnesota Supreme Court held in Imperial Refineries of Minnesota, Inc. v. City Rochester, 282 Minn. 481, 165 N.W.2d 699 (1969), that the notices of hearing on the improvement and on the assessment satisfied the requirement of due process without the constitutional need for a notice of the final approval of the assessment, the council may wish to provide for such notice on grounds of fairness to the property owner as well as to avoid the possibility of judicial challenge in the future if the courts continue to expand the concept of due process in such cases. As pointed out earlier, the notice of the assessment hearing must now state that the owner may appeal his assessment to the district court within 30 days after the adoption of the assessment; however, property owners may easily miss the deadline if they are not informed directly when the 30 -day period begins. Date: September 28, 2004 To: Honorable Mayor and Council From: Jim Bownik, A2CA Re: Rear Yard and Side Yard Variane Application for 1699 Malvern Street BACKGROUND PROPOSAL: Request to grant a 2 -foot variance to the rear yard setback requirements - to go from 8 feet to 6 feet from the rear property line, and a 1 -foot variance to the side yard setback requirements - to go from 5 feet to 4 feet along the north property line for the reconstruction of a pre-existing detached garage. The property is zoned R-1 Residential. APPLICANT, PROPERTY OWNER, AND LOCATION: Tim Kerian 1699 Malvern Street Lauderdale, MN 55113 VARIANCE REQUEST AND SITE PLAN Mr. Kerian is proposing to construct a new detached garage in the rear yard of his property to replace a dilapidated garage that was demolished this summer. The new garage would be approximately the same size as the previous garage and be built in approximately the same location. The following tables summarize the setback regulations compared to the location of the previous garage and the proposed garage: Rear yard setback Distance of Distance of Variation from rear regulation for previous garage to proposed garage to yard setback arae facing alleys. rear -property line. rear property line. regulation. 8 ft. 6 ft. 6 ft. 2 ft. Side yard setback Distance of Distance of Variation from side regulation for previous garage to proposed garage to yard setback garages. side property line. side property line. regulation. 5 ft. 3 ft. 4 ft. 1 ft. The previous garage was nonconforming in that it encroached into the rear and side yard setbacks. The new garage, as proposed, would also be built in nonconformity with the rear and side setbacks. However, the side yard setback distance of the new garage would be 1 -foot less nonconforming compared to the previous garage. A large oak tree and garden exist in the rear yard of the property. The large oak tree makes it impossible to meet the rear yard setback requirement without removal of the tree or the resizing of the garage. The garden makes it impossible to meet the side yard setback requirement without moving or resizing the garden or the garage. According to the site plan, the new garage is already proposed to be 2 feet less in width than the previous garage. POLICIES AND PROCEDURES FOR VARIANCE APPROVAL In reviewing this variance request, the Council should consider the Zoning Ordinance requirements as well as relevant State Statutes. The following should be considered: Chapter 3 of the Zoning Ordinance defines variances as follows: "The Board shall hear requests for variances from the literal provisions of this Title in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this Title. The Board of Appeals and Adjustments may not permit as a variance any use that is not permitted under this Title for property in the zone where the affected person's land is located". • According to State Statute 462.357, Subd. 6, the following regulations apply to variances: The board of appeals and adjustments has the following powers with respect to the zoning ordinance: "To hear requests for variances from the literal provisions of the ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ordinance. "Undue Hardship" as used in connection with the granting of a variance means the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls, the plight of the landowner is due to circumstances unique to the property not created by the landowner, and the variance, if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Undue hardship also includes, but is not limited to, inadequate access to direct sunlight for solar energy systems". PLANNING COMMISSION ACTION The Planning Commission, which has not had a quorum or appointed members since the end of 2000 has not received any information in regards to this matter. Instead, this action item was placed directly on the council agenda per Title 2-1.10-4:K of the current Zoning Ordinance. PUBLIC HEARING FOR THE VARIANCE REQUEST On September 17, 2004 property owners adjacent to this property were sent notice of tonight's public hearing. CITY COUNCIL ACTION REQUESTED Approve or deny the variance requests, attaching any conditions deemed necessary for approval. If the variance is approved, building and other permit applications will be submitted to and approved by the City Building Official before being issued. City of Lauderdale 1891 Walnut Street • Lauderdale • Minnesota 55113 Phone: 651.631.0300 Fax: 651.631.2066 ZONING APPLICATION Type of Request _Variance Zoning Amendment Conditional Use PUD Other Name of Applicant � Address —//)qo Ma V�� 61( City _ State Amount $ 75 $100 $165 N/A Address of Property (if different than above) Day Phon�JEvening Phon C = F Plea§e despribe why you are applying for this application 4-1 � V��M AIU4 A�Va4ll Applica s Signature Sfa� cj — 3 0 �Skelleqv Date C .: a 6) c 6 a) .- oC O O 3 C � . O N N U A O O vi c N C 0) a) Q to U a) OL c- a) EM O > p L U a) L N C O c ca Q > "Q Q � O p Q to � °) a) V) L U U >, Z Q O U p - c C C N (a 3 to Z c .. -C L �- O <a U a) > F— Q c Q °' >� a) o 4' c 3 4) vi W Q �� -.; 0a) 0 c L- voice a C a) Oa o QQ 00 a) c _ Q Oca o- Z00 Oc 0) co c c�a 0)caO -v �_0 O� o N M0 a) a a) n, Q :Q � c p ca a) N (a N U O to 0) J a U) >, -0 U) v7 ) _C � 0) CU CL ca U > C U O �' N .� Y O CL Q p O �, �- C N �a -p 3 -0 U L '- X a uj �� -E� C c �-. — =N i Q 0 d;�o .- .t, - Z Q a) cn E a) a) Y Q O a) — Co �- U N p Q O HO �E �� to _ C a) a "Pt -0 o a)Lm c cu Q (D 0 0 O O ,_, O � C U Z N ., _ 00 c 3 ca �) a -d a) �0 aXi 0) LC a) ._. 0a) W co) i1 > O O U U N (U O a) c N a) in W J to a) a) > a. 4- `C 5 CL 0 - � 4- (U c > v7 :� 0 >, v7 0 Co d. ca O O U L a) ;� U a) ton U O Q a) Q D 4) O C C X a) a) L O U .0 �- � ("�j 0 Q) U (a N C .. O O U O Z) O Q a) N ca L v O .., U N U) O ca � a) if a) _C U �-, to a) 'mac a) = O ..O O O �> Q � L a O D 30 N Q" ca Q' co N— O U C L- M O 4) co N = -C .0 W O W N U ca N U c L(U O ca �= a) a O C a) Q cad .1 m .-. U (D a a) a) L L v F- > 0) �-. Q 0- .— N Supplemental Variance Questions 1699 Malvern Street 1.) Current Zoning impacts use of the lot due to several issues: a. Without the variance the Garage would have to be moved into the opposite corner of the lot. This is necessary as the lot has a large oak tree that prevents the garage from being moved further from the alley. b. Moving the Garage to the other side of the lot is difficult for the following reasons: i. The apron must match the grade or slope of the alley. The grade of the lot is more level on the right side allowing for a more level apron. If the garage is moved to the left corner: 1. The Apron will have a greater `Twist' and would slope toward the utility pole, not appealing in slippery conditions. 2. The perennial garden will need to be moved 3. The approach into and out of the garage will be difficult and provide less visibility. Old lot New Lot without Variance With the variance the new garage will be build the same distance from the alley, 6ft. c. Allowing the variance will avoid all issues and allow me to re -build the garage at the same distance from the alley as the original (6 ft), and 1 foot farther from the neighbor's property line (4 ft). Utility pole Garden Position of New garage 1699 Malvern Unchanged except it will be 4 ft. from neighbors' property rather than 3. Variance required to rebuild 6" from alley. 129 Ft 6 Ft 4 Ft Original /k Garage Width 24' Depth 22' Oak Tree 50 ft 1699 Malvern Malvern Street Alley Garage 1701 Malvern 1701 Malvern Position of Original Garage at 1699 Malvern 3 ft. from neighbors' property and 6 from alley 6 Ft Utility pole 3 Ft 1 Alley Garden ; Original Garage Width 26' Depth 22' Oak Tree A 1 129 Ft e1, 150 ft Y 1699 Malvern Malvern Street 1701 Malvern Garage 1701 Malvern CiviXplorer Online! Printable Map Ramsev Cou _. Municipalities Stmt Centerlines Interstate Hwy l State Hwy Roads Parcels Platted Lot Lines and Land Ties ,V Land Ties z, Platted Lot Lines DISCLAIMER:This map is neither a legally recorded map nor a survey and is not intended to be used as one. This SOURCES:Ramsey County map is a compilation of records, information and data located in various city, county, state and federal offices and (September 1, 2004), The other sources regarding the area shown, and is to be used for reference purposes only. Lawrence Group Page 1 of 1 http ://maps.metro-inet.us/rcarcims/ims?ServiceName=ramsey_master&ClientVersion=4.0&Form=True&En... 9/17/04 Memo Date: September 28, 2004 To: Honorable Mayor and Council From: Jim Bownik, A2CA �00 Re: Ramsey County Hazard Mitigation Planning BACKGROUND The Federal Emergency Management Agency is requiring all counties and cities to adopt an All Hazards Mitigation Plan by mid-October, and submit that plan to the State of Minnesota by November 1. The city will be able to adopt the County's plan by reference, thereby ensuring that Lauderdale is utilizing the same plan as other communities. This also saves staff time and resources that would otherwise be unnecessarily expended on the development of our own plan. The Disaster Mitigation Act of 2000 (DMA) requires counties and communities to have a Mitigation Plan to receive disaster funds whether from a tornado, flood or terrorist event. The Act "reinforces the importance of mitigation planning in both pre and post -disaster situations, and emphasizes planning for disasters before they occur." Ramsey County Emergency Management/Homeland Security is asking each municipality in the County to adopt the attached resolution indicating their desire to participate in the Hazard Mitigation Planning Process. CITY COUNCIL ACTION REQUESTED Motion to approve Resolution No. 092804B, a resolution to participate in a hazard mitigation planning process. RESOLUTION NO. 092804B CITY OF LAUDERDALE COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION TO PARTICIPATE IN A HAZARD MITIGATION PLANNING PROCESS WHEREAS, the County of Ramsey Division of Emergency Management and Homeland Security is participating in the all -hazard mitigation planning process as established under the Disaster Mitigation Act of 2000, Pub. L. No. 106-390; and WHEREAS, the Act requires all counties and municipalities to develop and maintain all -hazard mitigation plans either independently or on a county -wide, multi - jurisdictional basis; and WHEREAS, such plans must be well integrated and coordinated to account for the fact that hazards in one jurisdiction impact on other nearby jurisdictions; and WHEREAS, the Act establishes a framework for the development of an all -hazard mitigation plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the plan must include a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the plan must include an implementation and maintenance process including plan updates, integration of the plan into other planning documents and how the County will maintain public participation and coordination; and WHEREAS, Ramsey County Division of Emergency Management and Homeland Security has indicated its willingness to coordinate these efforts should the municipality so desire; and WHEREAS, the draft plan will be shared with all municipalities, the County Board of Commissioners and the State of Minnesota Department of Public Safety, Division of Homeland Security and Emergency Management for coordination of state agency review and comment on the draft; and WHEREAS, final approval of the all -hazard mitigation plan will make the municipalities and the County eligible to receive Hazard Mitigation Grant Program (HMGP) project grants; and WHEREAS, this resolution does not preclude the City of Lauderdale from preparing its own plan in the future should it desire to do so; Therefore Be It RESOLVED, that the City of Lauderdale supports the county -wide all -hazard mitigation planning effort, and, be it further RESOLVED, that the City of Lauderdale wishes to join with the County in preparing and maintaining the plan and recognizes that the final plan will apply within the City and, be it further RESOLVED, that the City of Lauderdale requests that the Ramsey County Division of Emergency Management and Homeland Security coordinate all- hazard mitigation planning efforts for the City in the future. Adopted this 28th day of September, 2004. Jeffrey E. Dains, Mayor Attest: Rick Getschow, City Administrator Lauderdale City Council Memorandum Council Meeting Date: September 28, 2004 To: Mayor and City Council From: Rick Getschow, City Administrator Agenda Item: Request for Handicapped Parking Signs at 1840 Eustis Street 4jx4II01fKW Gregg Eckert, 1840 Eustis Street, has requested in writing that he be provided a handicapped parking spot in front of his property on Eustis Street. His request and related information is included in the packet. The last request of this type was in 1997 for the prior owner of 1707 Eustis Street. I have included the memorandum in your packet for that meeting. The Council approved the request at that time. Since Eustis Street is a county road, the County would furnish and install the signs. When a prior request was approved for the handicapped signs on a city street (Walnut Street) in the past, the property owner furnished and installed the signs ENCLOSURES: 1. September 2, 2004 Gregg Eckert letter 2. 1997 Memorandum for the 1707 Eustis Street request COUNCIL ACTION REQUESTED: Direct staff on how to proceed with this request for handicapped parking signs at 1840 Eustis Street. To Whom It May Concern Dear Sir or Madam: Gregg R. Eckert 1840 Eustis St Lauderdale,Mn.55113 I am a handicapped person who currently has handicapped license plates registered with the State of Minnesota ( HG5662 ). I am requesting permission from The City of Lauderdale to grant a designated handicapped parking spot in front of my residence. l am also enclosing a document from the Us. Department of Justice and requesting that all current and future laws and ordinances adhere to their guidelines. Sincerely, Gregg R Eckert Lauderdale,Mn. The ADA and City Governments: Common Problems Page I of 1 l U.S. Department of Justice Civil Rights Division Disability Rights Section The ALTA and City Governments: Common Problems Introduction Access to civic life by people with disabilities is a fundamental goal of the Americans with Disabilities Act (ADA). To unsure that this goal is met, Title 11 of the ADA requires State and local governments to make their programs and services accessible to persons with disabilities. This requirement extends not only to physical access at government facilities, programs, and events -- but also to policy changes that governmental entities must make to ensure that all people with 3isabilities can take part in, and benefit from, the programs and services of State and local governments. In addition, governmental entities must ensure effective communication -- including the provision of necessary auxiliary aids and services -- so that individuals with disabilities can participate in civic life. Curb ramps providing access to streets and sidewalks are a basic city service. http://www.usdoj.gov/crt/ada/comprob.htm 8/31/2004 The ADA and City Governments: Common Problems Page 2 of 1 l One important way to ensure that Title II's requirements are being met in cities of all sizes is through self-evaluation, which is required by the ADA regulations. Self-evaluation enables local governments to pinpoint the facilities, programs and services that must be modified or relocated to ensure that local governments are complying with the ADA. This document contains a sampling of common problems shared by city governments of all sizes that have been identified through the Department of Justice's ongoing enforcement efforts. The document provides examples of common deficiencies and explains how these problems affect persons with disabilities. The document is not intended to be comprehensive or exhaustive. City programs held in this municipal gazebo are covered by the ADA. For additional information about the Americans with Disabilities Act's Title II requirements, please contact the Department Df Justice ADA Information Line. This free service provides answers to general and technical questions about ADA requirements and free ADA documents, such as Commonly Asked Questions about Title II of the Americans with Disabilities Act (ADA), Commonly Asked Questions about the Americans with Disabilities Act and Law Enforcement, Title II Highlights, Access for 9-1-1 and Telephone Emergency Services, the ADA Guide for Small Towns, and the ADA Standards for Accessible Design. You may reach the ADA Information Line at: 800-514-0301(voice) or 500-514-0383 (TTY) ADA information is also available on the Department's ADA Home Page on the World Wide Web at: www.usdoi gov/crtfada/adahomt.htm. Issue: "Grandfather" Clause or Small Entity Exemption Common Problem: City governments may believe that their existing programs and facilities are protected by a "grandfather" clause from having to comply with the requirements of Title II of the ADA. Small municipalities may also believe that are exempt from complying with Title H because of their size. Result: Because city governments wrongly believe that a "grandfather" clause or a small entity exemption shields them from complying with Title II of the ADA, they fail to take steps to provide program access or to make modifications to policies, practices, and procedures that are required by law. People with disabilities are unable http://www.usdoj.gov/crtlada/comprob.htm 8/31/2004 The ADA and City Governments: Common Problems Page 3 of 11 to gain access to city facilities, programs, services, or activities because of a public entity's reliance on these common misconceptions. Requirement: There is no "grandfather" clause in the ADA. However, the law is flexible. City governments must comply with Title H of the ADA, and must provide program access for people with disabilities to the whole range of city services and programs. In providing program access city governments are not required to take any action that would result in a fundamental alteration to the nature of the service, program, or activity in question or that would result in undue financial and administrative burdens. This determination can only be made by the head of the public entity or a designee and must be accompanied by a written statement of the reasons for reaching that conclusion. The determination that undue burden would result must be based on all resources available for use in a program. If an action would result in such an alteration or such burdens, a city government must take any other action that it can to ensure that people with disabilities receive the benefits and services of the program or activity. 28 C.F.R. § 35.150(a)(3). Cities must remove barriers to provide alternative access to programs and services in existing facilities. Similarly, there is no exemption from Title II requirements for small municipalities. While public entities that have less than 50 employees are not required to comply with limited sections of the Department of Justice's regulations, such as maintaining self- evaluations on file for three years and designating a grievance procedure for ADA complaints, no general exemption applies. All public entities, regardless of size, must comply with Title IPs requirements. 28 C.F.R. § 35.104. Issue: Program Accessibility Common Problem: City governments often have failed to ensure that the whole range of the city's services, municipal ttp://www.usdoj.gov/crt/ada/comprob.htm 8/31/2004 The ADA and City Governments: Common Problems Page 4 of 11 buildings, and programs meet Title II's program access requirements. Result: People with disabilities are unable to participate in the activities of city government, such as public meetings, unable to attend city functions, and unable to gain access to the city's various programs and services. If a municipal building such as a coiuthouse is inaccessible, people with disabilities who use wheelchairs are unable to participate injury duty, attend hearings, and gain access to other services, because doorways are too narrow, restroom facilities are inaccessible, and steps are the only way to get to all or portions of a facility. A ramp was installed to provide access to the city activities conducted in this facility. Requirement: Title II requires city governments to ensure that all of their programs, services, and activities, when viewed in their entirety, are accessible to people with disabilities. Program access is intended to remove physical barriers to city services, programs, and activities, but it generally does not require that a city government make each facility, or each part of a facility, accessible. For example, each restroom in a facility need not be made accessible. However, signage directing people with disabilities to the accessible features and spaces in a facility should be provided. Program accessibility may be achieved in a variety of ways. City governments may choose to make structural changes to existing facilities to achieve access. But city governments can also pursue alternatives to structural changes to achieve program accessibility. For example, city governments can move public meetings to accessible buildings and can relocate services for individuals with disabilities to accessible levels or parts of buildings. When choosing between possible methods of program accessibility, however, city governments must give priority to the choices that offer services, programs, and activities in the most integrated setting appropriate. In addition, all newly constructed city facilities must be fully accessible to people with disabilities. 28 C.F.R. §§ 35.149, 35.150, 35.151, 35.163. Issue: Historically Significant Facilities Common Problem: City governments may believe that they have no duty to make changes to historically significant buildings and facilities to improve accessibility for people with disabilities. http://www.usdoj.gov/crt/ada/comprob.htm 8/31/2004 [be ADA and City Governments: Common Problems Result: Page 5 of 11 Many city programs, services, and activities are conducted in buildings that are historically significant. In addition, many cities operate historic preservation programs at historic sites for educational and cultural purposes. If no accessibility changes are made at these facilities and locations, individuals with disabilities are unable to visit and participate in the programs offered. For example, people who use wheelchairs would not be able to reach the courtroom or clerk's office located in a historic nineteenth century courthouse if no physical changes are made to achieve access. Requirement: Historically significant facilities are those facilities or properties that are listed or eligible for listing in the National Register of Historic Places or properties designated as historic under State or local law. Structural changes to these facilities that would threaten or destroy the historical significance of the property or would fundamentally change the program being offered at the historic facility need not be undertaken. Nevertheless, a city must consider alternatives to structural changes in these instances -- including using audio-visual materials to depict the inaccessible portions of the facility and other innovative solutions. An accessible side entrance was added to this historic facility. If alterations are being trade to a historically significant property, however, these changes must be made in conformance with the ADA Standards for Accessible Design, ("the Standards"), 28 C.F.R. Part 36, § 4.1.7, or the Uniform Federal Accessibility Standards, ("UFAS") § 4.1.7, to the maximum extent feasible. If following either set of standards would threaten or destroy the historical significance of the property, alternative standards, which provide a minimal level of access, may be used. This decision must be made in consultation with the appropriate historic advisory board designated in the Standards or UFAS, and interested persons should be invited to participate in the decision-making process. 28 C.F.R. §§ 35150(b)(2); 35.151(d); Standards § 4.1.7; UFAS § 4.1.7. If these lesser standards would threaten or destroy historically significant features, then the programs or services conducted in the facility must be offered in an alternative accessible manner or location. Issue: Curb Ramps Common Problem: City governments often do not provide necessary curb ramps to ensure that people with d;sabilities can http://www.usdoj.gov/cWada/comprob.htm 8/31/2004 Me ADA and City Governments: Common Problems Page 6 of 11 travel throughout the city in a safe and convenient manner. Result: Without the required curb ramps, sidewalk travel in urban areas is dangerous, difficult, and in some cases impossible for people who use wheelchairs, scooters, and other mobility aids. Curb ramps allow people with mobility impairments to gain access to the sidewalks and to pass through center islands in streets. Otherwise, these individuals are forced to travel in streets and roadways and are put in danger or are prevented from reaching their destination. [requirement: When streets and roads are newly built or altered, they must have ramps wherever there are curbs or other barriers to entry from a pedestrian walkway. Likewise, when new sidewalks or walkways are built or altered, they must contain curb ramps or sloped areas wherever they intersect with streets or roads. While resurfacing a street or sidewalk is considered an alteration for these purposes, filling in potholes alone will not trigger the alterations requirements. At existing roads and sidewalks that have not been altered, however, city governments may choose to construct curb ramps at every point where a pedestrian walkway intersects a curb, but they are not necessarily required to do so. Under program access, alternative routes to buildings that make use of existing curb ramps may be acceptable where people with disabilities must only travel a marginally longer route. Curb ramps provide basic access at intersections and pedestrian crossings. One way to ensure the proper integration of curb ramps throughout a city is to set a series of milestones for curb ramp compliance in the city's transition plan. Milestones are progress dates for meeting curb ramp compliance throughout the municipality. Milestones should occur on a regular basis throughout the course of the transition plan and must reflect a priority to walkways serving government buildings and facilities, bus stops and other transportation services, places of public accommodation, and business districts, followed by walkways serving residential areas. It also may be appropriate for a city government to establish an ongoing procedure for installing curb ramps upon request in both residential and nonresidential areas frequented by individuals with disabilities. 28 C.F.R. §§ 35.150(d)(2); 35.151(e). In setting milestones and in implementing a curb cut transition plan for existing sidewalks, the actual number of curb cuts installed in any given year may be limited by the fundamental alteration and undue burden limitations. ittp://www.usdoj.govfcrtladalcomprob.htin 8/31/2004 The ADA and City Governments: Common Problems Page 7 of 11 Issue: Effective Communication Common Problem: City governments often fail to provide qualified interpreters or assistive listening devices for individuals who are deaf or hard of hearing at public events or meetings. In addition, city governments often fail to provide materials in alternate formats (Braille, large print, or audio cassettes) to individuals who are blind or have low vision. Result: Individuals who are deaf or hard of hearing are unable to participate in government- sponsored events or public meetings and unable to benefit from city programs and services when they are not provided with appropriate auxiliary aids and services. Likewise, people who are blind or have low vision are unable to benefit from city government services when printed materials are the only means of communication available. Requirement: Title II requires that city governments ensure that communications with individuals with disabilities are as effective as communications with others. Thus, city governments mustprovide appropriate auxiliary aids and services for people with disabilities (e.g., qualified interpreters, notetakers, computer-aided transcription services, assistive listening systems, written materials, audio recordings, computer disks, large print, and Brailled materials) to ensure that individuals with disabilities will be able to participate in the range of city services and programs. City governments mast give primary consideration to the type of auxiliary aid or service that an individual with a disability requests. The final decision is the government's. A sign language interpreter at a public meeting may be needed to provide effective communication for people who are deaf. The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the length and complexity of the communication involved and the needs of the individual. For example, sign language interpreters are not required for all interactions with people who are deaf or hard of hearing. Employees can often communicate effectively with individuals who are deaf or hard of hearing through standard written materials and exchange of written notes. For simple transactions like paying bills or filing applications, these methods may be sufficient. For more complex or extensive communications, however, such as court hearings, public meetings, and interrogation by police officers, interpreters or assistive listening http://www.usdoj.gov/crt/ada/comprob.htm 8/31/2004 De ADA and City Governments: Common Problems systems are likely to be necessary. Page 8 of 11 City govermnents should ensure that auxiliary aids and services are also provided for individuals who are blind or have low vision. Alternate formats, such as Brailled or large print materials, qualified readers, computer disks, or audio recordings are examples of appropriate auxiliary aids. City governments are not required to take any actions that will result in a fundamental alteration or in undue financial and administrative burdens. 28 C.F.R. §§ 35.160-35.164. Issue: Local Laws, Ordinances, and Regulations Common Problem: City governments may fail to consider reasonable modifications in local laws, ordinances, and regulations that would avoid discrimination against individuals with disabilities. Result: Laws, ordinances, and regulations that appear to be neutral often adversely impact individuals with disabilities. For example, where a municipal zoning ordinance requires a set -back of 12 feet from the curb in the central business district, installing a ramp to ensure access for people who use wheelchairs may be impermissible without a variance from the city. People with disabilities are therefore unable to gain access to businesses in the city. City zoning policies were changed to permit this business to install a ramp at its entrance. Requirement: City governments are required to make reasonable modifications to policies, practices, or procedures to prevent discrimination on the basis of disability. Reasonable modifications can include modifications to local laws, ordinances, and regulations that adversely impact people with disabilities. For example, it may be a reasonable http://www.usdoj.gov/crt/ada/comprob,htm 8/31/2004 ne ADA and City Governments: Common Problems Page 9 of 11 modification to grant a variance for zoning requirements and setbacks. In addition, city governments may consider granting exceptions to the enforcement of certain laws as a form of reasonable modification. For example, a municipal ordinance banning animals from city health clinics may need to be modified to allow a blind individual who uses a service animal to bring the animal to a mental health counseling session. 28 C.F.R. § 35.130(b)(7). Issue: 9-1-1 Systems Common Problem: City governments do not provide direct and equal access to 9-1-1 systems, or similar emergency response systems, for individuals who are deaf or hard of hearing and use TTY's (TDD's or text telephones ) or computer modems. Result: People who are deaf or hard of hearing, or those who have speech impairments, and use TTY's or computer modems for telephone communication are unable to access emergency services (police, fire and ambulance) that are necessary for health and safety. When direct emergency services are not available, emergency calls for individuals with disabilities are not responded to appropriately, or in a timely manner, and in some instances, not at all. Requirement: City governments that provide emergency telephone services must provide direct access to TTY calls. This means that emergency telephone services can directly receive calls from TTY's and computer modem users without relying on state relay services or third parties. A TTY must be located at each individual operator station. City governments must ensure that emergency operators are trained to use the TTY not only when they recognize the tones of a TTY at the other end of the line, but also when they receive a "silent call." 28 CF -R. §§ 35.161, 35.162. (See Access for 9-1-1 and Telephone Emergency Services) Issue: Law Enforcement Policies, Practices, and Procedures common Problem: When dealing with persons with disabilities, law enforcement agencies often fail to modify policies, practices, or procedures in a variety of law enforcement settings — including citizen interaction, detention, and arrest procedures. Result: When interacting with police and other law enforcement officers, people with disabilities are often placed in unsafe situations or are unable to communicate with officers because standard police practices and policies are not appropriately modified. For example, individuals who are deaf or have hearing impairments and use sign language may be unable to communicate with law enforcement officers if they are taken into custody and handcuffed behind their backs. Similarly, individuals with epilepsy or diabetes may be placed at great risk if ittp://www.usdoj.gov/crt/ada/comprob,htm 8/31/2004 The ADA and City Governments: Common Problems Page 10 of 11 they are not permitted access to their medications. Requirement: Title II of the ADA requires law enforcement agencies to make reasonable modifications in their policies, practices, or procedures that are necessary to ensure accessibility for individuals with disabilities, unless making such modifications would fundamentally alter the program or service involved. Law enforcement officers should be prepared to make reasonable modifications, for example, by allowing, in appropriate circumstances, arrestees who are deaf to be handcuffed in front of their bodies so that they can communicate with others and by allowing detainees access to their medication. 28 G.F.R. § 35.150(b)(7). (See Commonly Asked Questions about the Americans with Disabilities Act and Law Enforcement) Issue: Self -Evaluation and Transition Plans Common Problem: City governments often have not conducted thorough self -evaluations of their current facilities, programs, policies, and practices to determine what changes are necessary to meet the ADA's requirements, and have not developed transition plans to implement these changes. Result: When self -evaluations are not conducted and transition plans nott developed, city governments are ill-equipped to implement accessibility changes required by the ADA. Without a complete assessment of a city's various facilities, services, and programs, it is difficult to plan or budget for necessary changes, and the city can only react to problems rather than anticipate and correct them in advance. As a result, people with disabilities cannot participate in or benefit from the city's services, programs, and activities. Requirement: All city governments were required to complete a self-evaluation of their facilities, programs, policies, and practices by Januaty 26, 1993. The self-evaluation identifies and corrects those policies and practices that are inconsistent with Title Us requirements. Self -evaluations should consider all of a city's programs, activities, and services, as well as the policies and practices that a city has put in place to implement its various programs and services. Remedial measures necessary to bring the programs, policies, and services into compliance with Title 11 should be specified -- including, but not limited to: (1) relocation of programs to accessible facilities; (2) offering programs in an alternative accessible manner; (3) structural changes to provide program access; (4) policy modifications to ensure nondiscrimination; and (5) auxiliary aids needed to provide effective communication. http://www.usdoj.gov/crt/ada/comprob.him 8/31/2004 [lie ADA and City Governments: Common Problems D City policies, including those affecting service animals, should be reviewed during the self-evaluation. Page 11 of 11 If a city that employs 50 or more persons decides to make structural changes to achieve program access, it must develop a transition plan that identifies those changes and sets a schedule for implementing them. Both the self-evaluation and transition plans must be available to the public. 28 C.F.R. §§ 35.105, 35.150(4). Adobe Acrobat Version (pdo of this Document ADA Home Page last update: May 9, 2000 http://www.usdoj.gov/cWada/comprob.htm 8/31/2004 MEMORANDUM TO: CITY COUNCIL FROM: TIM CRUIKSHANK DATE: 10/14197 - added to the agenda the evening of the meeting RE: REQUEST FOR HANDICAPPED PARKING SIGNS AT 1707 EUSTIS STREET Attached is a request from the homeowner of 1707 Eustis Street for handicapped parking signs to be installed in front of her house. I have spoken to Ramsey County about this and they have asked for direction from the Lauderdale City Council If the Council were to approve this request, Ramsey County would install the signs. COUNCIL ACTION REQUESTED Direct staff how to proceed with this request for handicapped parking signs at 1707 Eustis Street. M Rosemarie I. Miesner 1707 Eustis Street Lauderdale, Mn. 55113 612-645-6077 Dear City of Lauderdale, October 1st, 1997 66� 9 .I am requesting to have HANDICAPPED parking signs in front of my residence at 1707 Eustis Street in the city of Lauderdale. I need to be able to park in front of my home so that I can use my.sidewalk for the purpose of loading/unloading groceries,.etc. from my vehicle. If I park in my driveway to*do this, I have farther to walk and the ground is very uneven, which could cause me to fall and result in an extremely serious injury. During the winter months this becomes even more dangerous due to the ice and snow that accumulates. Also, my driveway is not plowed regularly in the winter, which forces me to park on the street. Very frequently there is someone parked in front of my home so that I am unable to use my sidewalk. This situa- tion is almost constant during the winter months because of the alternate side parking that's enforced by the city. I will be 72 years old in just a few days and I live I October 1 st, 1997 alone. I do have HANDICAPPED license plates on my vehi- cle and have had them for quite some time. This issue is of great concern to myself and other family members. If you have any questions, feel free to call me at any time. Please get back to me as soon as possible regarding this matter. Thank you very much for your time and consideration. Sincerely, Rosemarie I. Miesnbr. CITY OF LAUDERDALE ►/ - 1 :: ► _I ►/ TO: Mayor and Council Members FROM: Kevin Walsh, Deputy Clerk SUBJECT: Request For Proposal DATE: September 28, 2004 BACKGROUND The Request for Proposal is a competitive bidding process in which interested parties submit their offer based on specifications the City has laid out prior to submittal. The City currently uses the services of BFI to collect all the recyclables throughout the community and has decided to seek alternative proposals for services beginning in 2005. The RFP attached contains a variety of stipulations that a selected proposer must meet. The central ideas in the RFP include: 1. The City may select one hauler to provide all recycling services. 2. The proposer will submit a bid for a two-year period with options for additional service up to two years that would be negotiated and agreed upon by both parties. 3. The City (through property tax statements) shall bill and collect monies due from residents for recycling services. 4. The selected proposer shall collect recyclables every other week on Monday. This RFP is similar to the to previous RFP with changes mainly coming in the revenue sharing portion. With direction from Ramsey County along with Dan Krivit & Associates the revenue sharing should be less convoluted and easier to track. COUNCIL ACTION REQUESTED Authorize staff to seek proposals for recycling services. City of Lauderdale Comprehensive Recycling Collection Program Specifications INTRODUCTION These specifications define the requirements of the Comprehensive Recycling Collection Program for the City of Lauderdale. The City of Lauderdale has approximately 1150 total for recycling pickup that includes single family homes, residential dwelling units, up to and including eight-plexes, condominiums or townhouses within its City limits. These accounts are currently provided recyclables collection service by a recycling service provider. The City seeks a Proposer with the resources and ability to provide residential recyclables collection services for the entire City. DEFINITIONS 1. Recyclables - Defined as newsprint and inserts, glass (food and beverage containers), aluminum, steel, bimetal, and "tin" cans (food and beverage containers), plastic bottles (PETE & HDPE), household office paper / mail, magazines, boxboard, phone books, and corrugated cardboard. The parties, by separate agreement, may later include the following items as recyclables: other plastic polymers, automobile batteries, yard waste, compostable materials and other materials as mutually agreed upon between the City and the Contractor. 2. Unacceptable Recyclables - Defined as recyclables which have not been prepared and/or located by the resident in compliance with the following standards: GLASS FOOD & BEVERAGE CONTAINERS: Rinsed. METAL FOOD & BEVERAGE CONTAINERS: Rinsed. PLASTIC BOTTLES: Rinsed. Acceptable plastics include only containers with the identification of (1) PETE or (2) HDPE on the bottom of the container. MAGAZINES/BOXBOARD: Magazines do not include large glue bound catalogues. CORRUGATED CARDBOARD: Broken down flat into bundles no larger than three feet by three feet in length. Cardboard that is wax or plastic -coated or contaminated by food or grease shall not be accepted. Preparation standards for other materials will be determined by mutual written agreement between the City and the Contractor. 3. Recycling Containers - Defined as uniform receptacles supplied by the City in which recyclables can be stored and later placed for collection, as specified by the City. The recycling containers remain the property of the City. 4. Recycling Collection - Defined as the collection of all recyclables placed at or near curbside, properly prepared and packaged at certified dwelling units (CDU's) and other collection stops designated by the City. 5. Certified Dwelling Unit (CDU) - Defined as a single family home or residential units in duplexes (and all multiple unit dwellings up to and including eight-plexes), condominiums or townhouses. Residential units in structures not listed here may be designated as CDU's upon mutual agreement by the City and Contractor. 6. Collection District - Defined as a specific geographic area of the City established for the purpose of having recycling collection for all CDU's and other City designated collection stops in the district on the same day, Monday. 7. Contractor — Defined as the company performing recycling collection services within the City, operating under a signed agreement with the City. 8. Collection Vehicle - Defined as any vehicle owned or operated by the Contractor for collection of recyclables within the corporate boundaries of the City. 9. Collection Hours - Defined as the time period during which collection of recyclables is authorized in the City. 10. Holidays — Defined as any of the following: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 11. Scheduled Collection Day — Defined as the day or days of the week on which recycling collection by the Contractor is to occur, which the City has designated as Monday. 12. Curbside — Defined as near the edge of the public or private street from which the CDU gains its access. 13. Market Demand - Means the economic and technical capacity of markets to use recyclable material to make new products. 14. Markets - Means any person or company that buys (or charges) for recycling of specified materials and may include, but are not limited to: end - markets, intermediate processors, brokers and other recycling material reclaimers. 2 15 Process Residuals - Means the normal amount of material that can not be economically recycled due to material characteristics such as size, shape, color, cross -material contamination, etc. and must be disposed as mixed municipal solid waste. Process residuals does not include clean, separated products that are normally processed and prepared for shipment to markets as commodities but are of relatively low -value because of depressed market demand conditions. III. COLLECTION REQUIREMENTS A. Residential Collection 1. Frequency of Collection — Collection shall occur every other week for all single family homes, residential units in duplexes, Brandychase Condominiums, Rosehill Townhomes, and all multiple unit dwellings up to and including eight- plexes. Weekly collection will occur for multi -family units (apartments) south of Larpenteur Avenue (except Luther Seminary Apartments). See attachment for those units that require weekly pickup. 2. Collection Hours - Collection shall commence no earlier than 7:00 a.m. The Contractor shall maintain sufficient equipment and personnel to assure that all collection operations are completed by 4:00 p.m. on the scheduled collection day, Monday. Residents will be requested to have their recyclables placed at the collection site before 7:00 a.m. on the scheduled collection day. 3. Compliance with Driving and Hauling Laws - Collection and transportation of all recyclables shall be accomplished in accordance with all existing laws and ordinances, and future amendments thereto, of the State of Minnesota and local governing bodies. 4. Weighing of Loads and Reporting Requirements — The Contractor will keep accurate records consisting of an approved weight slip with the date, time, collections route, driver's name, vehicle number, tare, gross and net weight, and number of recycling stops for each loaded vehicle. Collection vehicles will be weighed after completion of a route or at the end of the day, whichever occurs first. A copy of each weight ticket shall be included as part of the billing sent to the City each month. The Contractor will also include a report of the total tons collected, including estimated amounts of each type of material. The Contractor will also report the amount and location of all materials stored for more than thirty days. 5. Point of Collection - All residential collection will occur at curbside as defined in Section ll, paragraph 12 of this Exhibit. 6. Procedure for Unacceptable Recyclable(s) - If the Contractor determines that a resident has set out unacceptable recyclable(s), the driver shall use the following procedure: The Contractor shall leave the unacceptable recyclable(s) and leave an "education tag" indicating acceptable materials and the proper method of preparation. 7. Cleanup Responsibility — The Contractor shall adequately clean up any material spilled or blown during the course of collection and/or hauling operations. All collection vehicles shall be equipped with at least one broom and one shovel for use in cleaning up material spillage. Contractor shall have no responsibility to remove or clean up any items that are not recyclable materials. 8. Missed Collection Policy and Procedures — The Contractor shall have a duty to pick up missed collections. The Contractor agrees to pick up all missed collections on the same day the Contractor receives notice of a missed collection, provided notice is received by the Contractor before 11:00 a.m. on a business day. With respect to all notices of a missed collection received after 11:00 a.m. on a business day, the Contractor agrees to pick up that missed collection before 4:00 p.m. on the following business day. 9. Non -completion of Collection and Extension of Collection Hours — If the Contractor determines that the collection of recyclables will not be completed by 4:00 p.m. on the scheduled collection day, the Contractor shall notify the City Recycling Coordinator by 4:30 p.m. and request an extension of the collection hours. The Contractor shall inform the City of the areas not completed, the reason for non -completion and the expected time of completion. If the Recycling Coordinator cannot be reached, the Contractor will request the City Administrator. 10. The Contractor shall provide the City with a list of all customer complaints received within ten working days, including a description of how each was resolved. 11. Severe Weather - Recycling collections may be postponed due to severe weather at the sole discretion of the Contractor. "Severe Weather" shall include, but shall not be limited to those cases in which the temperature at 6:00 a.m. is minus twenty (-20) degrees Fahrenheit or colder. Upon postponement, collection will be made on a day agreed upon between the Contractor and the City. 12. Holidays - When a scheduled collection falls on a holiday, collection shall take place the following business day or on an alternative collection day scheduled by a mutual agreement. In such case, the Contractor shall assist the City in publicizing the alternative collection day, including delivery of notices to each CDU in the affected collection district. 13. Collection Vehicle Equipment Requirement - Each collection vehicle shall be equipped with the following: 1. Two-way radio. El 2. First aid kit. 3. Approved 2A10BC dry chemical fire extinguisher. 4. Warning flashers. 5. Warning alarms to indicate movement in reverse. 6. Sign in rear of vehicle stating, "this vehicle makes frequent stops." 7. Broom and shovel for cleaning up spills. All of the required equipment must be in proper working order and as clean and free of odors as possible. All vehicles must be clearly identified on both sides with the Contractor's name and telephone number. 14. Personnel Requirements — The Contractor shall retain sufficient personnel and equipment to fulfill the requirements and specifications of this agreement. The Contractor's personnel shall: 1. Conduct themselves at all times in a courteous manner with the general public. 2. Make a concerted effort to have at all times a presentable appearance and attitude. 3. Perform their work in a neat and quiet manner and clean up all recyclables spilled in collection and hauling operations. 4. Avoid damage to property. 5. Not perform their duties or operate vehicles while consuming alcohol or illegally using controlled substances or while under the influence of alcohol and/or such substances. 15. Ownership - Ownership of the recyclables shall remain with the person placing them for collection until the Contractor's personnel physically touch them for collection, at which time ownership shall transfer to the Contractor. 16. Educational Materials — The Contractor shall be responsible to pay for and distribute one promotional piece of recycling education material each year of the contract with the first publication to be focused on a calendar of collection days, materials collected, and method of collection for distribution to occur by the second week in January. 17. Liquidated Damages —The Proposer agrees, in addition to any other remedies available to the City, the City may fine the Proposer in the amounts specified below as liquidated damages for failure of the Proposer to fulfill its obligations. The City will notify the Proposer in writing documenting the nature of the violation, the history of the account, if any, and the reason for the fine. The Proposer shall then have the opportunity to address and remedy the issue at which point the City shall determine if a fine is still appropriate, in their sole determination. The Proposer shall notify City in writing of its remedy. Hauler must maintain an escrow account of $2500 with the City to be used for payment of any liquidated damages. Any unused portion of the deposit will be renewed to the Proposer at the end of the contract period. The City Administrator or his/her designee shall notify the Proposer for each violation of the Agreement reported to or discovered by him/her for the City. It shall be the duty of the Proposer to take whatever steps may be necessary to remedy the cause of the complaint and notify the City in writing of its disposition within twenty-four (24) hours after receipt of complaint. The following acts or omissions shall be considered a Breach Of Contract and for the purpose of computing damages under these provisions. 1) Failure to clean up solid waste spilled by Proposer within six(6) hours of oral or written notification ------ ----------------------------- $50.00 each instance. 2) Failure to maintain vehicle in a manner which prevents nuisances such as leaky seals or hydraulics ---------- ---------------------- $100.00 each instance. 3) Failure or neglect to collect recycling, at those times provided by the Agreement after either oral or written notice by City -------------------------------- $50.00 each instance. 4) Failure or neglect to provide notice to resident upon recyclables refused for collection for cause ---------------- ---------------------- $25.00 each instance. 5) In addition to above, failure or neglect to correct chronic problems will be considered a Breach of Contract ----- ----------------- $50.00 each instance. Chronic problems shall be construed to be three or more occurrences of items (1), (2) or (3) immediately above at the same address within any period of six (6) consecutive months whether or not remedied within 24 -hours or six hours in the case of spilled solid waste. 6) Failure to collect recyclables, which are properly prepared and placed for collection as part of the collection program ---------$25.00 each instance. G 7) Missing entire blocks/neighborhoods. A missed block is defined as a block where residents from at least three (3) households within two intersections of that block or cul-de-sac report that their material was out before 7:00 a.m., the material was not picked up and the addresses did not appear on the records as unacceptable setouts------------- ----------------------- $250.00 each instance. 8) District -wide collection not completed. The failure to complete a majority (50% or more) of pickups within the City of collection district on the scheduled collection day without following proper notification procedure------------------------------ ------------------------------------------------------$2,500 per instance. The City Administrator or his/her designee will inform Proposer when or if the escrow account needs to be replenished. 18. Contract Negotiation - Notice must be given to the City by July 31 of change in service for the following year. 19. City Retains Rights to Specify Resident Preparation Instructions - The Contractor shall agree that it is the City's sole right to clearly specify the resident sorting and set -out requirements. The Contractor shall publish and distribute, on an annual basis, the detailed recyclables preparation instructions for its residents. However, it agrees to confer with the City prior to annual distribution. 20. City Shall Approve All Public Education Materials - The Contractor shall conduct its own promotions and public education to increase participation and improve compliance with City -specified resident preparation instructions. At a minimum, this shall include: production and distribution of an annual flyer to each home; and (2) distribution of "resident education tags" to be left by collection crews if any non -recyclable item is rejected and left at the curb. The Contractor shall submit a draft of any public education literature for approval by the City, at least one (1) month prior to printing and release of any such literature. 21. Two Sort Collection System - The Contractor shall collect and process the residential curbside material within the form of a "two -sort" system whereby residents will be instructed to commingle two groups of materials: (1) all food and beverage containers, including glass, metal and plastic bottles/jugs; and (2) all paper fiber products, including newspapers, boxboard, magazines, mixed mail, catalogs, phone books and corrugated cardboard. The Contractor shall not make any changes to this "two -sort" collection/processing system without written approval of the City. Failure to receive City approval for any such changes to the 7 "two -sort" collection/processing system prior to implementation for City collections or material processing shall be considered by the City as a breach of this Agreement subject to termination. Note: The City currently uses a "two -sort" system of collection but is willing to consider alternative systems of collection with adequate documentation of how this system would increase recycling, be cost effective and benefit the City as a whole. 22. Estimating Materials Composition by the Contractor - The Contractor shall conduct at least one materials composition analysis of the City's recyclables each year to estimate the relative amount by weight of each recyclable commodity by grade. The results of this analysis shall include: (1) percent by weight of each recyclable commodity by grade as collected from the City; (2) relative change compared to the previous year's composition; and (3) a description of the methodology used to calculate the composition, including number of samples, dates weighed, and City route(s) used for sampling. 23. Estimating Process Residuals - The Contractor shall provide a written description of the means to estimate process residuals derived from the City's recyclables. This written description shall be reviewed and approved in writing by the City. This written description shall be updated by the Contractor immediately after any changes to the processing facilities used by the Contractor. 26. Disposal of Recyclables and Process Residuals - Contractor shall use its best efforts to assure that all recyclables collected in the City are not placed in landfills or incinerated and are distributed to the appropriate markets for reuse. The Contractor shall dispose of no more than five (5) percent of material as process residuals as waste residual as part of normal recyclable materials processing operations. This process reject amount shall be a maximum by weight as measured from total outgoing products shipped for the month, and shall be reported for any of the Contractor's recyclables processing facilities receiving material from the City. The Contractor shall report actual percent process residuals disposed, and the disposal facility or facilities utilized for disposal, with each monthly billing statement. If the process residuals maximum is exceeded for any facility for any month, the report shall include the types and amounts of materials landfilled or incinerated, the reason for the landfilling or incineration, and the steps being taken by Contractor to avoid landfill or incineration. 27. Lack of Adequate Market Demand - In the event that the market for a particular recyclable ceases to exist, or becomes economically depressed that it becomes economically unfeasible to continue collection, processing and marketing of that particular recyclable, the City and the Contractor will both agree in writing that it is no longer appropriate to collect such item before collection ceases. Contractor shall pay the costs of all disposal of any item collected that is deemed not recyclable by Contractor and the City due to lack of adequate market demand. The City and Contractor shall specify a date in the said written agreement to cease collection of the recyclable item in questions. Contractor shall at all times be under a duty to minimize recyclables ending up in landfill or incineration. If such disposal becomes necessary, Contractor shall dispose of the materials at a facility specified in writing by the City or an alternative agreed upon by the City and the Contractor. 28. Revenue Sharing. The Selected Proposer shall, on a quarterly basis, rebate an amount to the City based on a mutual agreed upon formula. The base proposal shall include a revenue share component with the following formulae: A per ton payment of all paper grades collected from the City based on the published index Official Board Markets (OBM) "Yellow Sheet," Chicago region for Old Newspapers (ONP) # 8, high -side of range. The Proposer offers percent of this index. A per ton payment of aluminum collected from the City based on the published index. American Metal Market (AMM), Aluminum (1 st issue of the month). High - side nonferrous Scrap Prices: Scrap metals, Domestic aluminum producers, Buying prices for processed used aluminum cans in carload lots, f.o.b. shipping point, Used beverage can scrap. The Proposer offers percent of this index. If a revenue sharing component is offered (i.e., greater than 0.0%), each quarter the Selected Proposer shall provide, together with the quarterly rebate to the City, adequate documentation of the corresponding quarterly estimate of tons of all paper grades and tons of aluminum collected from the City even in the case the City were to receive no rebate for the quarter. Also, the Selected Proposer shall provide copies of the referenced OBM market index and AMM market index. The Proposers shall provide a detailed explanation of how the tonnage estimates will be calculated. Note to prospective Proposers: The base proposal must contain a percentage offer in both A and B immediately above (0.0% to 100.0%). If 0.0%" revenue sharing is offered in both the paper (A) and aluminum (B) revenue sharing component, the Proposers are encouraged, but not required, to provide an alternative revenue sharing formula.] I City of Lauderdale Recycling Request For Proposal (RFP) Form RFP for recycling services for a two-year period: January 1, 2005 through December 31, 2006, with two one-year options for renewal. Number of households: 1,150 Company Name: Contact Person: Title: Phone: Address: References: (Optional) Option A: Two -stream 2005 Cost per household: $ X 1,150 =$ 2006 Cost per household: $ X 1,150 =$ Option B: Alternative Method (Attach description) 2005 Cost per household: -$ X 1,150 2006 Cost per household: -$ X 1,150 Signature Bids are due by: 4:30 p.m. Monday, October 11, 2004 Send to: City of Lauderdale Phone: 1891 Walnut Street FAX: Lauderdale, MN 55113 _It _. (651) 631-0300 (651) 631-2066 REVENUE SHARING Revenue Sharing. The Selected Proposer shall, on a quarterly basis, rebate an amount to the City based on a mutually agreed upon formula. The base proposal shall include a revenue share component with the following formulae: A per ton payment of all paper grades collected from the City based on the published index Official Board Markets (OBM) "Yellow Sheet, " Chicago region for Old Newspapers(ONP) #8, highside of range. The Proposer offers percent of this index. A per ton payment of aluminum collected from the City based on the published index American Metal Market, (AMM), Aluminum (1St issue of the month). High -side nonferrous Scrap Prices: Scrap metals, Domestic aluminum producers, Buying prices for processed used aluminum cans in carloads lots, f.o.b. shipping point, Used beverage can scrap, The Proposer offers percent of this index. If a revenue sharing component is offered (i.e., greater than 0.0%), each quarter the Selected Proposer shall provide, together with the quarterly rebate to the City, adequate documentation of the corresponding quarterly estimate of tons of all paper grades and tons of aluminum collected from the City even if the case the City were to receive no rebate for the quarter. Also, the Selected Proposer shall provide copies of the referenced OBM market index and AMM market index. The Proposers shall provide a detailed explanation of how the tonnage estimates will be calculated. Note to prospective Proposers: The base proposal must contain a percentage offer in both A and B immediately above (0.0% to 100.0%). If "0.0%" revenue sharing is offered in both the paper (A) and aluminum (B) revenue sharing component, the Proposers are encouraged, but not required, to provide an alternative revenue sharing formula. CITY OF LAUDERDALE MEMORANDUM TO: Mayor and Council Members FROM: Kevin Walsh, Deputy Clerk SUBJECT: Park Golfing Policy DATE: September 28, 2004 BACKGROUND The City has received feedback from residents who live near the City Park or frequent the Park often over concern of safety from golfers. Calls have come in regarding damage to nearby property and near misses involving people and animals. Golfers have been using the City Park as a driving range of sorts and practicing their game from the baseball field to the archery bails. Practicing golf at inappropriate sites could be a serious safety hazard to others who enjoy the park. Golfing in the park could also cause damage to park trees and turf. Many surrounding cities have an informal policy of no golfing in the city park but no actual written policy. Also, some parks simply post signs that read, "No Golfing." Two example policies that the City could use are the following: 1. Hitting golf balls in City Parks Prohibited. It shall be unlawful and an offense for any person to hit or drive golf balls in and upon public parks within the City. 2. Golfingand nd Sporting Activities. No golfing or practicing golf in City parks shall be allowed. All sporting activities must be held in areas so designated for that purpose. COUNCIL ACTION REQUESTED Consider accepting a policy that disallows golfing in the City Park.