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5.2. SR 02-05-2007 City of Elk River REQUEST FOR COUNCIL ACTION Agenda Section Meeting Date En . eerin Febru 5, 2007 Item Description Irving Avenue Area Street Rehabilitation Improvement - Public Hearin 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 4th 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, 8th Street on the north and 5th 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 Apri14, 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 S:\EngineerImprovProj\2007 Improvement Projects \Irving Ave Area \02 05 07 CC memo.doc RESOLUTION 07- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE IRVING AVENUE AREA STREET REHABILITATION IMPROVEMENT OF 2007 WHEREAS a public hearing relating to the Irving Avenue Area Street Rehabilitation improvement was held before the Elk River City Council after ten days mailed notice and two weeks published notice of the hearing was given; and WHEREAS the City Council has duly considered the Feasibility Report and those matter presented at the public hearing by those person desiring to be heard on the matter; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 1. The Irving Avenue Area Street Rehabilitation improvement is hereby ordered as recommended in the Feasibility Report dated December 2006. 2. T eny J. Maurer, City Engineer, is hereby designated as Project Engineer for this improvement. The Project Engineer is directed to prepare plans and specifications for the making of the improvement and the solicitation of competitive bids. Passed and adopted this 5th day of February, 2007. Stephanie A. Klinzing, Mayor ArrEST: Tina Allard, City Clerk s: \EngineerImprovProj\2007 Improvement Projects \Irving Ave Area \Resolutions \Res ordering Imp&Prep Plans&Specs.doc RESOLUTION 07- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MATTER OF THE IRVING AVENUE AREA STREET REHABILITATION IMPROVEMENT OF 2007 WHEREAS pursuant to Resolution 07-_, the Project Engineer has prepared plans and specifications for the Irving Avenue Area Street Rehabilitation improvement, which plans and specifications have been reviewed by the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 1. Such plans and specifications, a copy of which is attached hereto and incorporated herein by this reference, are hereby approved. 2. The City Administrator shall prepare and obtain the publication of an advertisement for bids for the making of the improvement pursuant to the attached plans and specifications. The advertisement shall be published once each week for three consecutive weeks, shall specify the work to be done, and shall state that the bids will be received by the City Administrator until 9:00 a.m. on March 15, 2007, at which time the bids will be publicly opened in the Council chambers of the City Hall by the City Administrator and the Project Engineer and will then be tabulated for consideration by the City Council at a meeting thereof at 6:30 o'clock p.m. on April 2, 2007 in the City Council chambers at City Hall. No bids will be considered unless sealed and filed with the City Administrator and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Administrator in the amount of 5% of the amount of such bid. Passed and adopted this 5th day of February, 2007. Stephanie A. Klinzing, Mayor ATTEST: Tina Allard, City Oerk s: \EngineerImprovProj\2007 Improvement Projects \Irving Ave Area \Resolutions \Res app plans&specs order ad for bids.doc RESOLUTION 07- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION DETERMINING ASSESSED COST OF IMPROVEMENT AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL IN THE MATTER OF IRVING AVENUE AREA STREET REHABILITATION IMPROVEMENT OF 2007 WHEREAS costs have been determined for the Irving Avenue Area Street Rehabilitation Improvement consisting of an estimated contract price of $2,522,500, and expenses incurred or to be incurred by the City in the making of the improvement in the amount of $832,500, for a total cost of the improvement of $3,355,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 1. Based upon the City Assessment Policies, it is determined that the portion of this improvement to be paid by the City and not assessed to benefited properties is $2,444,600. 2. The portion of the cost to be assessed against benefited properties pursuant to the Elk River City Assessment Policies shall be $910,400. 3. The assessments shall be payable in equal annual installments and shall extend over a period of ten years, the first of the installments to be payable on or before the first Monday in January, 2008, with interest at the rate of 5.75 % per annum from the date of the adoption of the assessment resolution. 4. The City Administrator with the assistance of the Project Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece, or parcel of land, without regard to cash valuation, as provided by law, and shall have available at the City Administrator's office a copy of the proposed assessment roll for public inspection. 5. Upon completion of the proposed assessment roll, the City Administrator shall notify the Council and schedule a public hearing upon the proposed assessment, causing notice of the hearing by publication and mail to be made at least two weeks prior to the hearing. Passed and adopted this 5th day of February, 2007. Stephanie A. Klinzing, Mayor ATTEST: Tina Allard, City Clerk S:\EngineerImprovProj\2007 Improvement Projects \Irving Ave Area \Resolutions \Res determ assessed cost.doc RESOLUTION 07- A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE IRVING AVENUE AREA STREET REHABILITATION IMPROVEMENT OF 2007 WHEREAS, by a resolution passed by the Council on February 5, 2007, the City Oerk was directed to prepare a proposed assessment roll of the cost of the Irving Avenue Area Street Rehabilitation Improvement; and WHEREAS, the Clerk has notified the Council that such proposed assessment roll will be completed and filed in the Clerk's office for public inspection by the appropriate time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 1. A hearing shall be held on the 4th day of April, 2007 in the City Hall at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The City derk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Elk River, except that no interest shall be charged in the entire assessment is paid within 30 days from the adoption of the assessment. The owner of any property may at any time thereafter pay to the City of Elk River the entire amount of the assessment remaining unpaid, with interest accrued to December 31st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. Passed and adopted this 5th day of February, 2007. Stephanie A. Klinzing, Mayor ATIEST: Tina Allard, City Oerk S:\EngineerImprovProj\2007 Improvement Projects \Irving Ave Area \Resolutions \Res establish date assessmt hearing.doc RESOLUTION 07-17 e A RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION ESTABLISHING THE DATE FOR THE ASSESSMENT HEARING FOR THE IRVING AVENUE AREA STREET REHABILITATION IMPROVEMENT OF 2007 WHEREAS, by a resolution passed by the Council on February 5, 2007, the City Clerk was directed to prepare a proposed assessment roll of the cost of the Irving Avenue Area Street Rehabilitation Improvement; and WHEREAS, the Clerk has notified the Council that such proposed assessment roll will be completed and filed in the Clerk's office for public inspection by the appropriate time. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota: 1. A hearing shall be held on the 2nd day of April, 2007 in the City Hall at 6:30 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement w:ill be given an opporrunity to be heard with reference to such assessment. e 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and shall state in the notice the total cost of the improvement. The City Clerk shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than !\va weeks prior to the hearings. 3. The owner of any property so assessed may~ at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City of Elk River, except that no interest shall be charged in the entire assessment is paid within 30 days from the adoption of the assessment. The owner of any property may at any time thereafter pay to the City of Elk River 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 IS'" or interest will be charged through December 31" of the succeeding year. Passed and adopted this 5th day of February, 2007. //7f) ~~~2: {~~/~ Tina Allard, City Clerk e I. fit? ~)J/~~ a. ~~~ StePha[e A. Klinzing, Mayor S:\EngineerlmprovProi\2007 Improvement Projects\lrving Ave Area\Resolucions\Re" establish date assessmt hearing.doc 07-)(