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AGENDA RECOMMENDATION       
   5.L.
City Council Regular Meeting
Meeting Date:
12/08/2025

Agenda Item:

Resolutions setting January 12, 2026, as the date of the Improvement Hearing for Capital Improvement Project 11206; Hiniker Parkway. 

Recommendation/Action(s):

Adoption of the attached resolutions.

Summary:

The Engineering Department is ready to proceed with Capital Improvement Project 11206 – Hiniker Parkway as scheduled in the 2026 Community Investment Plan. Below is a tentative schedule of events related to these projects.
 
12/8/2025 Resolution ordering preparation of a feasibility report and calling for a hearing on improvement.
1/12/2026 Project improvement hearing. Resolution receiving report, ordering improvement, preparation of plans and specifications, and authorizing advertisement for bids (preliminary assessment roll provided in report).
3/26/2026 Open bids.
4/13/2026 Award bid.
May 2026 Begin construction.
Fall 2026 Final completion.
Sept. 2027                  Resolution declaring costs to be assessed and call for assessment hearing. Prepare final assessment roll.
Oct. 2027 Assessment hearing. Resolution adopting assessment.
Nov. 2027 Certify assessment roll to county auditor.

Staff is recommending the Council pass the resolution setting January 12, 2026, as the date of the improvement hearing for this project. The estimated costs and funding sources for the project are as follows: 
 
HINIKER PARKWAY  
 ITEM COST
Street and Landscaping $480,900.00
Stormwater Pollution Prevention $31,500.00
Street Lighting $51,800.00
Storm Drainage Construction $193,600.00
Sanitary Sewer Construction $0.00
Watermain Construction $0.00
TOTAL CONSTRUCTION $757,800.00
Constructin Contingency $75,780.00
Administratin $83,358.00
Engineering $83,358.00
TOTAL PROJECT COST $1,00,296.00
 
FUNDING SOURCE AMOUNT PERCENT
Special Assessments $521,000.00 52.1%
Stormwater Revenue $264,800.00 26.5%
Sewer Revenue $0.00 0%
Water Revenue $0.00 0%
General Obligation Bonds $214,496.00 21.4%
TOTAL FUNDS $1,000,296.00 100.00%
 
Setting the date of hearing is the first step in the process of making an improvement with special assessments.  Projects that have special assessments are initiated either through property owner petition (like in this case), or by council.
 
The feasibility report provides the background of the project, details on the proposed improvements, the cost of the improvements and the method and amount of proposed special assessments. This report is received by the council during the public hearing on the feasibility of the project. The hearing allows all interested persons to provide testimony to the council on the project for council deliberations prior to ordering the project. Should the council find the project feasible, a resolution is passed ordering preparation of plans and specifications, and authorizing advertisement for bids. Notice will be provided to assessed property owners of the improvement hearing.
 
The law sets out discrete timelines and procedures for challenging a city’s special assessment. For the most part, objections must be raised at or before the assessment hearing. Only those who object at this stage may proceed to appeal an assessment to the district court. Further, these provisions for appeals to the district court are the exclusive method of appeal from a special assessment levied under the local improvement code.
 
No one can formally object to, or appeal, the amount of an assessment unless the property owner signs a written objection and files it with the city clerk prior to the assessment hearing or presents it to the presiding officer at the hearing. Property owners are informed of this requirement in the mailed notice.
 
If the council orders the improvement, the next step in the process is advertising and opening bids based on plans and specifications prepared by engineering personnel. Once bids are opened, they are presented to the council for consideration.  
 
The final assessment hearing is one year after construction is substantially complete. This allows time for any additional assessment items that property owners may choose to add to their assessment (i.e. driveway or service construction on private property).
 
Assessments are payable over 5, 10, or 15 years, depending on the amount of the assessment. Deferrals are available for property owners who are over 65 years of age, retired by disability, or called to active duty in which paying the assessment would represent a hardship. Interest does accrue on deferred assessments.

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