5.1.
Public Works Committee
- Meeting Date:
- 12/18/2018
- By:
- Bruce Westby, Engineering/Public Works
Title:
Consider Recommendation to City Council to Accept Petition Opposing Improvement Project #19-02, Brookview Estates Street Reconstructions
Purpose/Background:
Purpose:
The purpose of this case is to consider providing a recommendation to City Council to accept a petition opposing Improvement Project #19-02, Brookview Estates Street Reconstructions.
Background:
City Improvement Project No. 19-02 proposes to reconstruct streets within the Brookview Estates neighborhood including 173rd Avenue and Germanium Street. The streets total approximately 2,662 linear feet (0.50 miles) in length.
A map showing the location of the project is attached. A map showing the scope of the proposed improvements is included in the attached Feasibility Report as Figure 1 of Appendix A.
The engineer’s opinion of probable costs for completing the proposed improvements as summarized in Appendix B of the Feasibility Report is $502,555.46. Estimated costs include 5-percent contingency costs plus 23-percent indirect costs for administrative, engineering, finance and legal costs.
Per the Feasibility Report, twenty-one (21) properties are considered to benefit from the improvements and Staff recommended applying 25-percent of eligible project costs equally across the 21 assessable properties using the “per lot” assessment method. Eligible project costs include everything except subgrade corrections and guardrail modification costs. This resulted in a proposed preliminary assessment rate of $4,418.30 per assessable parcel.
Following the Public Hearing on November 13th, the property owner at 17230 Germanium Street requested a petition template to use in gathering signatures in opposition to this Council initiated improvement project as provided by Section 8.4.5 of the City Charter. A copy of Chapter 8 of the City Charter is attached.
On November 15th, Staff provided a copy of the petition template to the property owner with instructions to modify the top of the petition to define the project and to note what the petition specifically opposes. This property owner did attend the neighborhood information meeting held on November 8, 2018 where Staff explained the proposed improvements and assessments in detail and gathered public input on the project.
On December 3rd, the property owner delivered a petition with 15 signatures on it to City Staff but Staff rejected it noting that the top of the petition had no clarifying language on it leading to concerns that the petitioners might not have understood what they were signing. Based on comments Staff received from several property owners while the petition was being circulated, Staff had concerns that this might indeed be the case. City Staff then contacted the City Attorney to seek further direction on petition language and process requirements.
On December 4th, Staff provided clarifying comments to the property owner circulating the petition based on the City Attorney’s comments.
On December 10th, the property owner submitted a revised petition to City Staff. This petition had a page attached to it with clarifying language noting that the property owners objected to the cost of the project. See attached. Staff has since verified that all property owners who signed the petition are indeed benefiting property owners per the preliminary assessment roll contained within the Feasibility Report.
Staff is currently working with the City Attorney to verify that the petition is valid as presented. Staff is also working to verify that the property owners who signed the petition fully understood what they were signing, and that by signing the petition they could be killing the project for a year or more.
Staff will provide updated information during the presentation at the meeting.
The purpose of this case is to consider providing a recommendation to City Council to accept a petition opposing Improvement Project #19-02, Brookview Estates Street Reconstructions.
Background:
City Improvement Project No. 19-02 proposes to reconstruct streets within the Brookview Estates neighborhood including 173rd Avenue and Germanium Street. The streets total approximately 2,662 linear feet (0.50 miles) in length.
A map showing the location of the project is attached. A map showing the scope of the proposed improvements is included in the attached Feasibility Report as Figure 1 of Appendix A.
The engineer’s opinion of probable costs for completing the proposed improvements as summarized in Appendix B of the Feasibility Report is $502,555.46. Estimated costs include 5-percent contingency costs plus 23-percent indirect costs for administrative, engineering, finance and legal costs.
Per the Feasibility Report, twenty-one (21) properties are considered to benefit from the improvements and Staff recommended applying 25-percent of eligible project costs equally across the 21 assessable properties using the “per lot” assessment method. Eligible project costs include everything except subgrade corrections and guardrail modification costs. This resulted in a proposed preliminary assessment rate of $4,418.30 per assessable parcel.
Following the Public Hearing on November 13th, the property owner at 17230 Germanium Street requested a petition template to use in gathering signatures in opposition to this Council initiated improvement project as provided by Section 8.4.5 of the City Charter. A copy of Chapter 8 of the City Charter is attached.
On November 15th, Staff provided a copy of the petition template to the property owner with instructions to modify the top of the petition to define the project and to note what the petition specifically opposes. This property owner did attend the neighborhood information meeting held on November 8, 2018 where Staff explained the proposed improvements and assessments in detail and gathered public input on the project.
On December 3rd, the property owner delivered a petition with 15 signatures on it to City Staff but Staff rejected it noting that the top of the petition had no clarifying language on it leading to concerns that the petitioners might not have understood what they were signing. Based on comments Staff received from several property owners while the petition was being circulated, Staff had concerns that this might indeed be the case. City Staff then contacted the City Attorney to seek further direction on petition language and process requirements.
On December 4th, Staff provided clarifying comments to the property owner circulating the petition based on the City Attorney’s comments.
On December 10th, the property owner submitted a revised petition to City Staff. This petition had a page attached to it with clarifying language noting that the property owners objected to the cost of the project. See attached. Staff has since verified that all property owners who signed the petition are indeed benefiting property owners per the preliminary assessment roll contained within the Feasibility Report.
Staff is currently working with the City Attorney to verify that the petition is valid as presented. Staff is also working to verify that the property owners who signed the petition fully understood what they were signing, and that by signing the petition they could be killing the project for a year or more.
Staff will provide updated information during the presentation at the meeting.
Timeframe:
Staff estimates 20 minutes will be required to present and discuss this case.
Observations/Alternatives:
Alternatives:
Alternative #1 – Motion recommending that the City Council accept the petition as presented and to direct Staff to stop all work on City Improvement Project #19-02, Brookview Estates Street Reconstructions, for a period of at least one-year.
Alternative #2 – Motion of other.
Alternative #1 – Motion recommending that the City Council accept the petition as presented and to direct Staff to stop all work on City Improvement Project #19-02, Brookview Estates Street Reconstructions, for a period of at least one-year.
Alternative #2 – Motion of other.
Funding Source:
N/A
Recommendation:
Staff’s recommendation will depend on the City Attorney’s responses.
Staff will recommend Alternative #1 if the City Attorney confirms that the petition as presented is valid, and if Staff believes the property owners who signed the petition understood what they were signing.
Staff will recommend Alternative #2 if the City Attorney confirms that the petition as presented is not valid, or if Staff believes the property owners who signed the petition did not understood what they were signing.
Action:
To be determined based on further findings.
Attachments
Form Review
| Inbox | Reviewed By | Date |
|---|---|---|
| Grant Riemer | Grant Riemer | 12/13/2018 03:08 PM |
| Kurt Ulrich | Kurt Ulrich | 12/13/2018 03:53 PM |
- Form Started By:
- Bruce Westby
- Started On:
- 12/11/2018 10:34 AM
- Final Approval Date:
- 12/13/2018