ITEM: 12.5 ADMINISTRATION - Jean M. Keely, City Engineer
Title
ADOPTING ASSESSMENT FOR RECONSTRUCTION OF CLOUD DRIVE NE/119TH AVENUE NE FROM TH 65 TO LONDON STREET NE, IMPROVEMENT PROJECT NO. 10-11
Background
Project No. 10-11 involved spot concrete curb and gutter replacement, spot concrete sidewalk replacement, storm sewer, full replacement of gravel base, asphalt surface, revision of traffic signal, additional lane at TH 65, traffic control signage and striping, and appurtenant construction for Cloud Drive NE/119th Avenue NE from TH 65 to London Street NE. The total cost of the project is as follows:
Construction Costs $ 416,802.07
Engineering Costs $ 123,298.54
Interest $ 6,032.92
Administration, Assessing, Other $ 24,191.26
Total $ 570,324.79
The total project cost estimate indicated in the Feasibility Report was $946,500.00.
The Assessment Roll has been prepared consistent with the Feasibility Report. The residential properties are being assessed 25% of the entire cost of an equivalent 29 foot residential street improvement and the commercial properties are being assessed 50% of the entire cost of an equivalent 29 foot typical commercial street, per the city assessment policy.
Of the total cost, the amount to be assessed is $66,480.07. The Public Utility Fund will contribute $19,873.19 for water and sewer improvements. Municipal State Aid (MSA) contribution is $483,971.53. Assessments and other contributions total $570,324.79.
The public hearing was conducted on June 7, 2012 where two residents brought up project concerns related to workmanship. Council directed staff to review the project workmanship and report findings to council at the June 21, 2012 meeting.
Staff met with Mr. Fitzgerald on June 11, 2012 to review his areas of concern regarding the project curb, sidewalk, and bituminous paving. The curb and sidewalk issues Mr. Fitzgerald pointed out were with existing curb and sidewalk that was not removed as part of the project. Staff discussed the rational for leaving these items at these locations as they were chips, cracks, or flaws that are cosmetic in nature and not structural. These areas of curb and sidewalk will last for the duration of the new street. The other issue of concern was debris observed in the bituminous pavement. Bituminous mixes are now made utilizing recycled materials and there are small amounts of debris such as wire, rubber, etc. that show up occasionally in the bituminous mixes. There are several locations that will need to be repaired as part of the warranty of the project. Again these areas are cosmetic in nature and not a pavement structure concern.
Staff researched the cost of spot curb and gutter replacement constructed with this project and the proposed assessment included per residential lot is $28. Therefore, if a credit is considered by Council for Mr. Pemble, the credit should be $28.
This item was brought back to the June 21, 2012 Council meeting where the City Council sent it to the July 12th Workshop for discussion of the Special Assessment Policy. At the July 12th Workshop, Council discussed the Special Assessment Policy and then directed staff to place the Special Assessment Policy on the July 19th Workshop for additional discussion. At the July 19th Workshop, Council directed staff to draft an amendment to the Special Assessment Policy regarding senior citizen deferral for review at their next Workshop. At the August 2nd Council meeting, this item was postponed for additional discussion of the amendment to the Special Assessment Policy scheduled for the August 9th Workshop. The amendment to the Special Assessment Policy and adoption of the final assessment roll are scheduled for Council consideration at the August 16th meeting.
Recommendation
By motion, approve the resolution.
Body
WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and heard and passed upon all objections to the proposed assessment for the improvement of the following: spot concrete curb and gutter replacement, spot concrete sidewalk replacement, storm sewer, full replacement of gravel base, asphalt surface, revision of traffic signal, additional lane at TH 65, traffic control signage and striping, and appurtenant construction in the following described area:
Cloud Drive NE and 119th Avenue NE from TH 65 to London Street NE.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Blaine as follows:
1. The 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 therein, and each tract of land therein included is hereby found to be benefited by the improvement in the amount of the assessment levied against it.
2. The owner of any property so assessed may within thirty (30) days of the adoption of this resolution pay the whole of the assessment with no interest to the City's Special Assessment Clerk or make partial prepayment in the amount of at least ten percent (10%) of the total assessment to the City's Special Assessment Clerk with no interest. Any remaining assessment will be payable according to this resolution.
3. Assessments shall be payable in 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, 2013. Installments shall bear interest at the rate of five percent (5%) 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, 2013. To each subsequent installment when due shall be added interest for one (1) year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, as herein provided, pay the whole of the assessment against any parcel with interest accrued to the date of payment to the City's Special Assessment Clerk, 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 prior to November 15 pay to the City's Special Assessment Clerk the entire amount of the assessment remaining unpaid with the interest accrued to December 31st of the year in which such payment is made.
5. The owner of any property so assessed may at any time thereafter pay to the City's Special Assessment Clerk the remaining principal after payment of the current installment prior to November 15 of any year with no further interest charged on the remaining principal.
6. The City Manager shall forthwith transmit a certified duplicate copy of this assessment to the County Auditor to be extended on the proper tax lists of the County and such assessments shall be collected and paid in the same manner as other municipal taxes.
PASSED by the City Council of the City of Blaine this 16th day of August, 2012.