§ A281-14. Local improvement process., Chapter A281. Assessment Policy, Appendix, Code of Ordinances, Fairfax

Project initiation. Projects may be initiated in two ways: (1) Petition by 35% of the affected property owners; or (2) by order of the City Council. Unless otherwise authorized by the City Council, petitions for improvements must be submitted by September 1.

Petition review. If project is petitioned, the City Council must determine if the petition conforms with the guidelines of Minnesota Statute 429-035.

Feasibility report. The Council instructs the City Engineer to prepare a preliminary report on the proposed improvement. The report will indicate feasibility of proceeding with improvement and estimated costs.

Accept feasibility report/call for hearing. The City Engineer will submit the feasibility report to the Council. The Council will then schedule a date for a public hearing on the improvement. Notice of hearing will be mailed to all affected property owners at least 10 days prior to the hearing date. Notice of hearing will also be published twice in the Fairfax Standard.

Public hearing on improvement. The purpose of the hearing is to give all interested property owners a chance to make comment on the proposed improvement. If the project is petitioned by 100% of the affected property owners, then this step may be skipped.

Order improvement/preparations of plans. If the City Council chooses to proceed with the project, then the improvement is ordered. The City Engineer will be directed to prepare the necessary plans and specifications.

Approving plans and specifications/ordering advertisement of bids. When the City Engineer has completed the plans and specifications, they will be presented for consideration to the City Council. Upon approval of the plans and specifications, the Council will direct the City Clerk-Treasurer to advertise for bids for making the improvement. At a minimum, the advertisement will be placed in the Fairfax Standard and the Construction Bulletin. The Council shall also set a time for the bid opening. Generally, the City will allow a thirty-day period between calling for bids and opening bids.

Order assessment roll/assessment hearing. If 100% of the affected property owners have not petitioned for the improvement or signed a waiver of rights to appeal, then the City Council shall begin the assessment process. The Council will declare costs to be assessed, order preparation of the assessment roll and set a date for a public hearing on the assessments. The purpose of scheduling assessment proceedings at this time is to deal with disputes over the assessment prior to awarding the bid and beginning construction. Notice of hearing shall be published in the Fairfax Standard and mailed to all affected property owners.

Accepting bids. At the time and place previously established, the City Council shall open and review all sealed bids for the improvement. The City may accept and retain all or a portion of the bids. The City may also defer awarding the bid for a period of time not to exceed 60 days. The purpose of the delay is to allow staff time to review the bids and to allow for assessment hearings, if necessary.

Assessment hearing. The assessment hearing is held at this time only if the Council has previously determined the need to do so. The purpose of the hearing is to give property owners the opportunity to object to the proposed assessment. Objections may be made at the hearing or submitted in writing prior to or at the hearing. At its direction, the Council may consider any objection to the amount of a proposed individual assessment at an adjourned meeting. The purpose of such additional inquiry is to determine objectively and in an adversary proceeding whether the amount of the assessment exceeds the benefit conveyed to the property. At such an adjourned meeting, both the City and the property owner will be given the opportunity to present oral and written testimony.

Adopting assessment. Upon determination of final assessment amounts, the Council shall adopt the assessment roll. Any property owner who has formally objected to the assessment has 30 days to appeal the assessment to District Court.

Awarding bids. When the City Council has completed all necessary review and hearings, it may award the bid to the lowest acceptable bidder.

Construction. Once the City has entered into a contract with the successful bidder, construction of the improvement may begin.

Assessment process. In those cases where the City has not undertaken the appropriate assessment proceedings, the Council shall initiate the assessment process (Steps H, J, K).