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9.1. SR 05-18-2015 �j Elk = - Request for Action River To Item Number Mayor and City Council 9.1 Agenda Section Meeting Date Prepared by Work Session May 18, 2015 Cal Portner, City Administrator Item Description Reviewed by Street Assessment—John Alfords Justin Femrite, City Engineer Reviewed by Action Requested None, receive information and provide direction if necessary. Background/Discussion Mr.John Alfords appeared before the City Council on May 4, 2015, at Open Forum to express his concerns for the amount of his property tax assessment following the street improvements in 2007. The city administrator and city engineer met with Mr. Alfords on July 1, 2013, to discuss his concerns with the franchise fee. Each has had multiple follow-up phone discussions with him on the topic since the meeting in 2013,which tend to follow each rebate mailing sent to property owners per Council policy. Our records concur with Mr. Alfords' statements regarding the 2007 assessment. Public hearings were held in accordance with state law for the street improvement projects. Mr. Alfords did not appeal his assessment at that time as prescribed by law. The Council approved a policy for rebating the franchise fee paid by property owners who also paid or are currently paying street improvement assessments. The Council's intent was to exempt property owners in the identified assessment repayment period from temporarily paying the franchise fees. The franchise fee funding program for street improvements was designed to be prospective, collecting funds for future street improvement projects. Apartment dwellers frequently pay their own utilities and subsequently are served by the transportation system thus are intended to fund the street improvement program. Multi-family building owners, under the former funding program,were required to pay the identified costs of street improvements. The new funding program places the funding burden on the renters who utilize the streets, not the property owner, who may have trouble recovering the assessment costs from lease rates because they are market driven; therefore, a renter would likely not have paid a portion of the old assessment. Financial Impact N/A Attachments ■ February 5, 2007, Request For Council Action (Public Hearing) p0WIRED 0 NA UREJ ■ April 2, 2007, Request For Council Action (Assessment Hearing) ■ April 2, 2007, Meeting Minutes ■ 2014 Franchise Fee Rebate Application Form N:APublic Bodies\Agenda Packets\05-18-2015\Final\Laserfiche\x9.1 sr Street Assessment-John Alfords.docx City of Elk River Item REQUEST FOR COUNCIL ACTION 5.2. OWN Irving Avenue Area Street Rehabilitation Improvement — Public Introduction The public hearing for the Irving Avenue Area Street Rehabilitation Improvement is scheduled for this evening's Council meeting. Please bring your feasibility study which was distributed at a December meeting. Discussion As with previous street reconstruction projects, an informational meeting has been held. The minutes and presentation from that informational meeting are in the appendix of the feasibility study. I will have a PowerPoint presentation very similar to the informational meeting which I will go through at the public hearing. As with previous reconstruction projects, the assessment is proposed on a residential unit basis. The proposed assessment rate for 2007 has increased modestly from 2006 and is proposed at $6,650 per residential unit. There are a few properties on this project that are not typical residential units. There is a small apartment building and a small townhouse complex. As with the 2006 reconstruction projects, these units are proposed at 0.75 residential equivalents per dwelling unit. The other property that is non - residential is the St. Andrews Church and school property. I have met with representatives of St. Andrews Church individually and indicated to them that the parcel they own on the west side of Irving Avenue at 4`h Street is proposed as 1 unit and their church and school frontage on the east side of Irving Avenue is proposed at 6 units, based on the length of frontage and similar -sized residential properties. Therefore, their total proposed assessment for this project is seven units. The biggest issue beyond the assessment amount at the informational meeting was the issue of whether or not sidewalks are needed in the Irving Avenue area. As directed by the City Council at the public hearing I will have a recommendation for sidewalk routes throughout the development. At the end of my presentation I will be available to answer questions from the City Council and/or public. The feasibility study analyzes the potential for paving the alleys between Jackson Avenue and Irving Avenue, 8`h Street on the north and 5`h Street on the south. At the public hearing it will be my recommendation that this work be excluded from the improvement project. The reason I am making this recommendation is the cost to pave the alleys far exceeds the ability for the adjacent properties to be assessed for the improvement. Because the alleys carry heavy loads with garbage trucks in the spring of the year, the alleys would need to be built as strong as a city street. This would require some grading of the alleys, a thick gravel base, and two lifts of bituminous surfacing. Otherwise, the alleys will be subject to breakup every time a heavy truck travels down them. Many of the properties that abut the alley, especially on the Irving Avenue side, do not actually utilize the alley for their driveway access. I believe it would be a better approach to simply re-grade the alleys and re- gravel them as a maintenance -type project without any assessment to the abutting property owners. If the Council would like, this work could be accomplished by the contractor for the street reconstruction project. At the close of the public hearing, it would be appropriate for the Council to consider four resolutions: The first orders the improvement and the preparation of plans and specifications, the second approves the plans and specifications and orders the advertisement for bids. This will allow the project to bid prior to the assessment hearing. The third determines the amount to be assessed and orders the preparation of the assessment roll, and the last resolution sets the assessment hearing for April 4, 2007. Financial Impact Based on the feasibility study which includes the cost of the alley construction, the amount to be funded by the City is approximately $2.1 million out of a $3.4 million project. Attachments • Resolution Ordering the Improvement and Preparation of Plans and Specifications • Resolution Approving the Plan/Specifications and Ordering the Advertisement for Bids • Resolution Determining the Assessment Cost and Ordering the Preparation of the Assessment Roll • Resolution Establishing the Date for the Assessment Hearing Action Requested At the close of the public hearing, the Council is requested to take action on the four resolutions included in the packet. Council Action Motion by Second by vote _ Follow Up 5: \Engineer1mpmvPmj \2007 Improvement Pmje s \Irving Ave Area \02 05 07 CC memo.doc City of Elk River Itei REQUEST FOR COUNCIL ACTION 5.1. Administration I Anril2. 2007 Irving Avenue Area Street Rehabilitation Project — Lori Johnson, City Administrator Assessment Hearing Introduction The Irving Avenue Area Street Rehabilitation Project Assessment Hearing is scheduled for this evening's City Council meeting. I will be prepared with a brief PowerPoint presentation which discusses the proposed improvements and the financing aspects of the project After my presentation, I will be available to answers questions from the City Council and /or public. Discussion As you are aware, a resident of Irving Avenue appeared at the City Council Open Mike on March 12, 2007 and presented some information relative to sidewalk location. Attached is a petition the same resident has circulated through the area, asking for the sidewalk on the east side of Irving Avenue to be located immediately behind the concrete curb and gutter. Based on this information and the City Council's recent discussion regarding the same issue at the Deerfield 3' Assessment Hearing, I will be recommending that the sidewalks all be located immediately behind the concrete curb and gutter on this project. Part of my presentation will touch on the property owners' rights relative to an appeal of the assessment It is important to remember that the property owners must submit a written objection at or before the assessment hearing in order to preserve their right to appeal the assessment. Simply speaking at the public hearing and voicing an objection is not sufficient to preserve the right to file an objection with the District Court Construction bids were received on Thursday, March 15, 2007. There were a total of 12 bidders. A full bid tabulation is attached. The low bid was received from Redstone Construction Co., Inc., the same contractor who was low on the Deerfield 3'd Addition, in the amount of $1,468,281.78. This is below the feasibility study estimate for the construction cost. Therefore, as with the Deerfield 3`' project, we will be recommending a reduction in the assessment rate for the street reconstruction from $6,650 per residential lot to $6,500 per residential lot (the 2006 assessment rate). There is a portion of this project which will be receiving an overlay. That assessment is proposed at $1,950 per residential lot and is recommended to stay the same. At the close of the assessment hearing, it would be appropriate for the City Council to consider the attached resolution. The first one adopts the final assessment roll (which is also attached). This can be adopted with any revisions to the assessment roll that the City Council deems appropriate after listening to testimony from the public. If the City Council concurs with staff S: \Engineec1mprovProj \2007 Improvement Projects \Irving Ave Area \04 02 07 CC memo.doc that the reconstruction assessment amount should be reduced to $6,500 per residential lot, a new amortization schedule will be sent to each property after the assessment hearing, indicating the action the Council has taken. The second resolution awards the contract. It would only be appropriate to consider this resolution if the resolution adopting the assessment roll is passed by the City Council. Award of the contract should be conditioned on the ERMU Commission's agreeing to pay for the water improvements. Bryan Adams will be recommending this at their Commission meeting on April 10" `. Financial Impact Based on the low bid received, the total project cost including overhead and a 5 percent contingency is estimated at $1,952,814.77. There are a total of 136.5 street reconstruction assessment units at $6,500 and 30 overlay assessment units at $1,950. Therefore, the total assessment is $945,750. The remaining project cost is proposed to be funded by the City and the Elk River Municipal Utilities, who have a small amount of watermain replacement in the project. Attachments • Sidewalk petition • Assessment roll • Bid tabulation • Resolution adopting final assessment roll • Resolution awarding bid and authorizing execution of the contract Action Requested The City Council is asked to consider adoption of the attached two resolutions at the conclusion of the assessment hearing. 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M IS JR[Y�.Y VViVUUe Y`$lam!aaaamv CSmMtiltYS NNyx �x ..CC 51N x�{�{pp �vJpdi I(�Opmi -pdi ��p-mmi �mpt�� IZ �O�Op pp 1p�y {�y MO IN n N N1d Nb NNINw N N_N N ml$ v u>NN IMmN I)r Ivi In 17)mmw 0w 9m_ La Ix5 Q mIE I N ❑�g m mIm US m IJ 8 w m C a g g J LI O o u 3 J L JIJ L L >.. m al p ❑ al NNI a6lm °a -� N L y C F d m '0 v mew <tl c M a_I' m' m m x mc° E `v 0 w"rvv m' ebww ; ti owm c ep CC7 m 'oowwysb`dZ� etl e WIn m ro U' c aIa 1 l a O W mmmEl a g w d a K Jm2� g V m U c < m �z�mEl 0 c g 0,0 m w �inxmx �arrc�a3uxw¢�g rc-, yrn -Li UaoOwn mil om�m,m I I I i I l ( I 'Ow' E `m E nlm x.g-� mo�EmI=W owl aI E I mN E E L IQ ao ° I ppNnIJ j iz m °J �i y9! �j j a Ja`t gg �oK ` m h w Oww Z le yLX lW c c o Y m Y R a J a x Nyd d M U m a g MEETING OF THE ELK RIVER CITY COUNCIL HELD AT THE ELK RIVER CITY HALL MONDAY, APRIL 2, 2007 Members Present: Mayor Klinzing, Councilmembers Zerwas, Farber, Gumphrey, and Motin Members Absent None Staff Present: City Engineer Terry Maurer, Finance Director Tim Simon, Fire Chief Bruce West, Ice Arena Manager Rich Czech, Police Chief Jeff Beahen, City Clerk Tina Allard, and Deputy Clerk Jessica Miller 1. Call Meeting To Order Pursuant to due call and notice thereof, the meeting of the Elk River City Council was called to order at 6:30 p.m. by Mayor Klinzing. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER MOTIN TO APPROVE THE AGENDA. MOTION CARRIED 5 -0. • 3. Consider Consent Agenda MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO APPROVE THE FOLLOWING CONSENT AGENDA: 3.1. COUNCIL MINUTES 02/20/07 03/12/07 • 03/19/07 3.2. CHECK REGISTER 3.3. MASSAGE THERAPIST LICENSE TO MELISSA WALLIN TO WORK AT SALINA SALON AND DAY SPA 3.4. SPEND $5,344 FROM FORFEITURE FUNDS TO ISSUE NEW BADGES 3.5. GENERAL PLANNING PERMIT TO HOME DEPOT FOR A GARDEN CENTER WITH THE FOLLOWING CONDITIONS: 1. NO ELECTRICAL SERVICES SHALL BE ACROSS ANY DRIVE OR WALKING SURFACE. 2. ALL MERCHANDISE SHALL BE INSIDE THE GREENHOUSE UNRELATED ITEMS SHALL NOT BE DISPLAYED IN THIS AREA. 3. IF TRAFFIC BECOMES A PROBLEM AROUND THE TEMPORARY SITE AS DETERMINED BY THE CITY, THE SALES AREA SHALL BE DELINEATED WITH A BARRIER TO RESTRICT TRAFFIC. 4. THE GREENHOUSE /GARDEN CENTER BE MAINTAINED FREE OF DEBRIS AND KEPT IN AN ORDERLY CONDITION. City Council Minutes April 2, 2007 Page 2 5. THE LOCATION OF THE GREENHOUSE IS CONSISTENT WITH • THE SUBMITTED SITE PLAN. 6. THE GREENHOUSE AND DISPLAY AREA BE REMOVED BY JULY 22, 2007 (WITHIN ONE WEEK OF THE END OF THE SALES PERIOD) AND THE SITE BE RETURNED TO ITS PREVIOUS CONDITION. MOTION CARRIED 5 -0. 0001�. No one appeared for Open Mike. 5.1. Pavement Management Program 2007, Public Hearing (Irving Avenue) Mr. Maurer reviewed the Irving Avenue Street Rehabilitation project. He stated the property owners have a right to appeal their assessment but must submit a written objection at or prior to this assessment hearing in order to preserve their right to appeal the assessment with the District Court. I le stated simply voicing an objection does not protect their appeal right. Mr. Maurer reviewed the bids and noted that Redstone Construction Co. was the lowest responsible bidder at $1,952,815. Mayor Klinzing opened the public hearing. There being no one to speak to this issue, Mayor Klinzing closed the public hearing. • Mr. Maurer noted a written objection was received and requested the Council act on the objection. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER FARBER TO DENY THE WRITTEN OBJECTION OF RICHARD CAMPBELL, 614 5TH STREET, PID # 75 -412 -0160 BASED ON THE FINDING THAT THE BENEFIT TO THE PROPERTY WILL EXCEED THE AMOUNT OF THE ASSESSMENT. MOTION CARRIED 5 -0. Mayor Khrizing explained to Mr. Campbell the appeal process and Mr. Campbell indicated that he understood. MOVED BY COUNCILMEMBER FARBER AND SECONDED BY COUNCILMEMBER ZERWAS TO ADOPT RESOLUTION 07 -41 ADOPTING FINAL ASSESSMENT ROLL IN THE MATTER OF THE IRVING AVENUE AREA STREET REHABILITATION IMPROVEMENT OF 2007. MOTION CARRIED 5 -0. ($6,500 for property owners that are part of the street reconstruction and $1,950 for property owners being assessed for the overlay) MOVED BY COUNCILMEMBER FARBER AND SECONDED BY • COUNCILMEMBER MOTIN TO ADOPT RESOLUTION 07 -42 ACCEPTING 13065 Orono Parkway Elk River, MN 55330 2014 City of Elk River Franchise Fee Rebate Application Form Applicant Name: Property Address: Mailing Address (if different): PID # (if known): Phone Number: Applicant's Certification By my signature below, and as the applicant for this franchise fee rebate, I represent and agree that: a) I understand that franchise fee rebates are only available to properties which are currently paying street improvement assessments; b) I understand that only one application per property is eligible; c) I understand that I must be the owner of the property and provide proof of the franchise fee payments; d) I certify that I have been paying the franchise fee for the property for the rebate period; e) I understand the City of Elk River will be verifying all applications. Property Owner Date Mail this application along with copies of a November or December gas bill and electric bill showing the franchise fees to: City of Elk River Attn: Franchise Fee Rebate 13065 Orono Parkway Elk River, MN 55330 * *2014 Rebate Applications are due by January 31, 2015. Checks will only be issued once per year in March. Phone: 763.635.1000 Fax: 763.635.1090 www.elkriverrnn.gov P R N E R E R R 1 NATUREI