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Consent   1.T.
Regular City Council Meeting
Meeting Date:
03/22/2010
TITLE
W.O. 09-02 Miscellaneous/Developer Related Project - Resolution of Intent to construct improvements and set a Public Hearing
PRESENTED BY:
David Mumford
Department:
Public Works
Presentation:

PROBLEM/ISSUE STATEMENT

Each year the Public Works department receives numerous complaints of defective concrete improvements, some the result of trip and fall claims, and other requests from property owners that the City construct certain public improvements adjacent to their property. Additionally, some developers do not complete the new development public improvement requirements. These improvements have historically been constructed under the annual Miscellaneous/Developer Related Program. In order to construct this year’s improvements, Council must pass a Resolution of Intent and set a Public Hearing for the project in order to allow adjacent property owners to be assessed for this work.

ALTERNATIVES ANALYZED

The Council may:
• Pass the Resolution of Intent and establish a Public Hearing; or
• Do not pass the Resolution of Intent and establish a Public Hearing.  If the Council does not adopt the Resolution, the property owners cannot be assessed and the work will not occur because there is no other source of financing for the replacement and new construction.

FINANCIAL IMPACT

The proposed project is funded through multiple sources, including direct property assessments for a total project cost of $655,109 as follows:

Estimated Assessed Costs $419,000
Storm Drain Funds $52,500
Gas Tax Funds $180,000
Water and Sewer Funds $5,000

Funding for the proposed project has already been authorized in the Capital Improvement Plan and is identified in the Fiscal Year 2010 budget.

BACKGROUND

The proposed project represents curb, gutter, and sidewalk improvements at various locations in the city and consists of two categories of properties. The first category is unfulfilled building permit obligations. The City of Billings Site Development and/or Subdivision Ordinances require the installation of public improvements in conjunction with the issuance of building permits. A small number of these properties either did not complete the requirements of the right-of-way permits or have requested that the improvements be completed under the City’s project. Per Council policy, the uncompleted right-of-way permits are included in the next annual Developer Related Program. The costs of completing these improvements are assessed to the property owner.

The second category represents continuation of the annual improvements project for dealing with tripping hazards, drainage problems, property owner requests, citizen complaints, and other miscellaneous concrete work brought to the attention of the City Engineer’s Office. This program proposes a continuation of the Council policy of allocating gas tax funds for reconstruction of side street frontages on corner lots and to cover the cost of curb and gutter repair.

The proposed project also uses additional funding allocations to cover costs not normally assessed to property owners.  Storm drain funds are used for repairing defective valley gutters, improperly graded curb and gutter, and substandard storm drain inlets.  Water funds are used for minor adjustments of water lines.

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