8.3 Amend Adv & Auth Bergkamp Subdivision
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/13/2009
TIME
4:00 P.M.
AGENDA SECTION
NO:
8
ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
ITEM
NO.
Page 1
DEPARTMENT OF
PUBLIC WORKS
3
BY:
BY: Daniel R. Stack
ITEM: Resolution No. 09-6632
Resolution No. 09-6632 amending Resolution No. 08-6557 related to the establishment of a benefit
district for street and sidewalk improvements in the Bergkamp Subdivision.
BACKGROUND:
Petition No. 4310 was submitted by Scott Bergkamp, President of Bergkamp, Inc., on September 10,
2008, requesting certain street, water, and sidewalk improvements to serve lots in the Bergkamp
Subdivision. Resolution No. 08-6557 was subsequently approved by the City Commission on
September 15, 2008, authorizing said improvements. In the same week following the approval, the
petitioner contacted staff and indicated that he wished to privately install the waterline due to time
sensitive considerations. This Resolution amends the description of the benefit district to remove the
Water System Improvements.
Resolution No. 89-4066 Section 6 states that "the City shall notify all property owners within the
proposed benefit district that certain improvements have been requested and the date, time, and place
the City Commission will consider authorizing said improvements. The petitioner shall provide the city
a current list of property owners within the proposed benefit district." One affected property owner,
Jerry Callabresi, was not notified pursuant to this Resolution. Staff has since met with him to discuss
this oversight as well as what options he may have to avoid being assessed. However, Bond Counsel
has determined that his property could benefit from the proposed improvements and thus, must be a
part of the benefit district. In the future, City staff will send notices via certified mail to all affected
property owners who have not signed the petition for impending special assessments. Staff has been
in direct contact with representatives/owners of all the properties within the proposed district, and they
have personally been notified of the date, time, and place the City Commission will consider
authorizing said improvements.
Bids for the street and sidewalk improvements were opened March 31, 2009. The City Commission
authorized awarding the contract to APAC-Kansas, Inc. at the April 6, 2009 meeting. However, the
contract has not been executed, and notice to proceed has not been given pending this amendment to
Resolution No. 08-6557. Thus far, APAC-Kansas, Inc. has agreed to honor the original contract bid
pnces.
One hundred percent (100%) of the costs of the improvements are to be assessed to the benefit
district. The costs of the improvements include construction, construction contingencies, inspection,
design, plus administrative and bonding/interest costs. The property owners may choose to pay their
share of the project costs as a lump sum payment or as a special assessment tax over a 15 year
period. The petitioner has the option of submitting a letter of credit for 35% of the project costs or 20%
in cash for financial security, which will be due before the City Commission can award the bid.
City policy is to assess parcels for the primary and secondary/side street infrastructure needed for
access. In situations where a subdivision has been laid out with interconnecting streets, corner lots will
exist. These corner lots have two street frontages. These corner lots do not derive twice the benefit of
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
DATE
7/13/2009
TIME
4:00 P.M.
AGENDA SECTION
NO:
8
ORIGINATING DEPARTMENT: APPROVED FOR
AGENDA:
ITEM
NO.
Page 2
DEPARTMENT OF
PUBLIC WORKS
3
BY:
BY: Daniel R. Stack
an interior lot and without the connection street segment, interior lot owners could not reach their
homes. Therefore, the fairest arrangement is to spread the cost of side streets to those lots located
within one-half the distance to the next side street. This equally distributes the cost of side streets
among all lot owners. Bond counsel and the Kansas Attorney General's office examine the boundary
of the benefit district to determine if properties derive benefit.
FISCAL NOTE:
All costs (estimated at $185,000) are to be assessed against the improvement district. This project will
be financed through a temporary note, and rolled into long-term bonds in 2010. Property owners will
have the opportunity to pay the assessment in full prior to the bond issue. If they elect not to do so, the
assessment plus related interest costs will be spread over 15 years in equal annual installments. As
with any assessment project, there is a certain amount of default risk, which will place demands on the
property tax. Default during the construction period is covered by the developer's financial security
requirements previously outlined. Non-payment of assessments after the expiration of the developer's
security is handled by Saline County in the same manner as delinquent taxes. We do not anticipate
any cost recovery features to be associated with this development. However, the unplatted parcel
owned by Mr. Callabresi is zoned agricultural and could receive an agricultural deferral until he
rezones and plats the property.
COM FORMANCE WITH STRATEGIC PLAN:
Goal 3: The City will provide the highest quality of services, consistent with governing body direction,
available resources, and staff commitment to quality.
City staff believes this infrastructure project will increase the quality of life for the citizens of Salina by
providing the services needed to develop the subdivision.
COMMISSION ACTION:
City staff recommends the City Commission approve Resolution No. 09-6632 amending Resolution
No. 08-6557, which established the benefit district.
Enclosures: Resolution No. 09-6632
Petition 431 0
Benefit District Map
Engineering Feasibility Report
Cc: Bergkamp, Inc. (Scott Bergkamp)
Melvin A. Bergkamp Trust
Jerry F. Callabresi
City Clerk's Office
Filed
'OB SEP 10 PH3:00
PETITION 4~?;1(l;
TO THE GOVERNING BODY OF THE CITY OF SALINA, KANSAS:
We, the undersigned, owners of record of property located within the City of Salina, Kansas (the
"City") do hereby respectively request that the Governing Body of the City create and designate an
improvement district for the purpose of making certain improvements in the manner provided by
K.S.A. 12-6a01, et seq.
1. The general nature of the proposed improvements are as follows:
The curb, gutter, pavement and grading for approximately 430 lineal feet of Emulsion
Drive (the "Street Improvements");
The installation of approximately 1,130 square feet of sidewalk and all appurtenances
thereto (the "Sidewalk Improvements"); and
The installation of approximately 1,863 lineal feet of eight-inch water main, fire
hydrants, valves, fittings, and all appurtenances thereto (the "Water System
Improvements").
(the "Improvements").
2. The estimated or probable cost of the Improvements is:
Two hundred ninety-three thousand eight hundred ninety-seven dollars and
eighty-one cents ($293,897.81).
3. The extent of the proposed improvement district to be assessed is:
Lots 1 through 5, Block 1, Replat of the Bergkamp Subdivision; and
Unplatted Tract No.1: A tract of land situated in the Northeast Quarter of the
Northwest Quarter (NE/4, NW/4) of Section One (1), Township Fifteen (15) South,
Range Three (3) West of the Sixth (6th) Principal Meridian, in Saline County,
Kansas, which is more particularly described as follows:
Commencing at a point on the North line of said Section One (1), which point
being one thousand eight hundred thirty-two and sixty-seven hundredths (1,832.67)
feet North 89 degrees 44 minutes 29 seconds East of the Northwest comer of said
Section One (1); thence continuing North 89 degrees 44 minutes 29 seconds East
along the North line of said Section One (1) a distance of three hundred twenty-
nine and eighty-eight hundredths (329.88') feet; thence South 00 degrees 20
minutes 37 seconds East a distance of four hundred (400') feet; thence South 89
degrees 44 minutes 29 seconds West a distance of three hundred twenty-nine and
eighty-eight hundredths (329.88') feet; thence North 00 degrees 20 minutes 37
seconds West a distance of four hundred (400') feet to the point of beginning,
Except the North sixty (N60') thereof as conveyed to county for use as public
street. . Together with all appurtenances and rights of grantors in and to the real
estate, including all right, title, and interest of grantors in the land underlying any
dedicated roadway easements or right-of-way.
all in the City of Salina, Saline County, Kansas.
(the "Improvement District").
4. The proposed method of assessment shall be:
Each lot and parcel of land in the Improvement District shall be assessed equally
per square foot.
5. The proposed apportionment of cost between the Improvement District and the City at
Large is:
One hundred percent (100%) of the total cost of improvements shall be assessed to
the Improvement District and no portion of costs shall be paid by the City at Large.
6. The signers of this Petition hereby request that the Improvements be made without notice
and hearing as required by K.S.A. 12-6a04(a).
7. NAMES MAY NOT BE WITHDRAWN FROM THE PETITION BY THE SIGNERS
THEREOF AFTER THE GOVERNING BODY COMMENCES CONSIDERATION OF
THE PETITION OR LATER THAN SEVEN (7) DAYS AFTER FILING OF THE
PETITION WITH THE CITY CLERK, wmCHEVER OCCURS FIRST.
i..ttt~
Bergkamp Inc.
Scott Bergkamp, President
LEGAL DESCRIPTION OF PROPERTY OWNED WITIDN THE PROPOSED
IMPROVEMENT DISTRICT:
Lot 2 Block 1, Replat of Bergkamp Subdivision in the City of Salina, Saline
County, Kansas.
STATE OF KANSAS )
)
SALINE COUNTY )
I, the undersigned Notary Public, hereby certify that the signature appearing above is genuine and
that~~i~~IJ1>e.p,t,,:,,8;.s;~i;~~?,~~f?~~,~e on this~ day of S~m b~ r ,2008.
it!,... ., . ; t
~ or
it t. JANAE CRAMER.
S EIiI'!l Notary Publl;. Slale of Kansas "
~. _ M" . Ire. 11- -d
~r~^v
No ry ubhc
My appointment expires:
II-a'~- tiOII_
2
FILE NO. 2008-03
INTERMEDIATE ENGINEERING ESTIMATE
AND
FEASIBILITY REPORT
PETITION NO. 4310
PROPOSED
REPLAT of the BERGKAMP SUBDIVISION
STREET and SIDEWALK IMPROVEMENTS
Emulsion Drive
A 'I 2000
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WAYNE E. NELSON, P.E. CIVIL ENGINEER
SCOPE OF WORK
The curb, gutter, pavement and grading for approximately 430 lineal feet of Emulsion Drive (the "Street
Improvements").
The installation of approximately 1,130 square feet of sidewalk and all appurtenances thereto (the
"Sidewalk Improvements");
BENEFIT DISTRICT
Replat of the Bergkamp Subdivision
Lots 1 through 5, Block 1, in the City of Salina, Saline County, Kansas.
Unplatted Tract
Tract No.1:
A tract of land situated in the Northeast Quarter of the Northwest Quarter (NE/4, NW/4) of Section One
(1), Township Fifteen (15) South, Range Three (3) West of the Sixth (6th) Principal Meridian, in Saline
County, Kansas, which is more particularly described as follows:
Commencing at a point on the North line of said Section One (1), which point being one thousand eight
hundred thirty-two and sixty-seven hundredths (1,832.67) feet North 89 degrees 44 minutes 29 seconds
East of the Northwest corner of said Section One (1); thence continuing North 89 degrees 44 minutes 29
seconds East along the North line of said Section One (1) a distance of three hundred twenty-nine and
eighty-eight hundredths (329.88') feet; thence South 00 degrees 20 minutes 37 seconds East a distance of
four hundred (400') feet; thence South 89 degrees 44 minutes 29 seconds West a distance of three
hundred twenty-nine and eighty-eight hundredths (329.88') feet; thence North 00 degrees 20 minutes 37
seconds West a distance of four hundred (400') feet to the point of beginning, Except the North sixty
(N60') thereof as conveyed to county for use as public street. Together with all appurtenances and rights
of grantors in and to the real estate, including all right, title, and interest of grantors in the land underlying
any dedicated roadway easements or right-of-way.
ADOPTION OF ASSESSMENT
The assessment with accrued interest to be levied as a special assessment tax upon the property included
with the benefit district concurrent with the general property tax and shall be payable in fifteen equal
annual installments.
Each lot and parcel of land in the Improvement District shall be assessed equally per square foot.
APPORTIONMENT OF COST
COST CHARGEABLE TO PRIVATE PROPERTY:
One hundred percent (100%) of the total cost of improvements shall be assessed to the
Improvement District and no portion of costs shall be paid by the City at Large.
Petition No. 4310
Replat of the Bergkamp Subdivision to the City of Salina
Intermediate Estimate of Total Improvements
Item
Quantity
1
1450
1210
1
583
1057
48
501
911
66
4
1170
1
0.35
1
1
Mobilization
Borrow (Contractor furnished)
Embankment
Clearing and Grubing
Asphalt Pavement, 8"
Curb & gutter
Concrete pavement, 8"
Concrete pavement, 6"
Removal of pavement
Removal of curb & gutter
Sidewalk ramp, Type I
Sidewalk, 4'
Water
Temporary Fertilizer,Seed and Mulch
Construction staking
Traffic control
SUB-TOTAL
ENGINEERING
CONTINGENCIES
ADMINISTRATION
TEMP NOTE, INTEREST, BONDING & ISSUE
TOTAL:
Unit
LS
CY
CY
LS
Ton
LF
SY
SY
SY
LF
Ea
SF
LS
Ac
LS
LS
Unit Cost
7,196.15
11.40
10.80
1,394.60
71.80
13.50
54.95
52.65
3.45
15.50
533.50
5.35
333.45
8,800.00
1,815.00
3,324.20
Extension
7,196.15
16,530.00
13,068.00
1,394.60
41,859.40
14,269.50
2,637.60
26,377.65
3,142.95
1,023.00
2,134.00
6,259.50
333.45
3,080.00
1,815.00
3,324.20
$144,445.00
11,176.00
14,934.50
7,222.25
7,222.25
$185,000.00
Petition No. 4310
Replat of the Bergkamp Subdivision to the City of Salina
Intermediate Estimate of Street Improvements
Item
Quantity Unit
1 LS
1450 CY
1,210 CY
1 LS
583 Ton
1,057 LF
48 SY
501 SY
911 SY
66 LF
1 LS
0.35 Ac
1 LS
1 LS
Mobilization
Borrow (Contractor furnished)
Embankment
Clearing and Grubing
Asphalt Pavement, 8"
Curb & gutter
Concrete pavement, 8"
Concrete pavement, 6"
Removal of pavement
Removal of curb & gutter
Water
Temporary Fertilizer,Seed and Mulch
Construction staking
Traffic control
SUB-TOTAL
ENGINEERING
CONTINGENCIES
ADMINISTRA nON
TEMP NOTE, INTEREST, BONDING & ISSUE
TOTAL:
Unit Cost
7,196.15
11.40
10.80
1,394.60
71.80
13.50
54.95
52.65
3.45
15.50
333.45
8,800.00
1,815.00
3,324.20
Replat of the Bergkamp Subdivision to the City of Salina
Intermediate Estimate of Sidewalk Improvements
Quantity Unit Unit Cost
4 Ea 533.50
1,170 SF 5.35
Item
Sidewalk ramp, Type I
Sidewalk, 4'
SUB-TOTAL
ENGINEERING
CONTINGENCIES
ADMINISTRA nON
TEMP NOTE, INTEREST, BONDING & ISSUE
TOTAL:
Extension
7,196.15
16,530.00
13,068.00
1,394.60
41,859.40
14,269.50
2,637.60
26,377.65
3,142.95
1,023.00
333.45
3,080.00
1,815.00
3,324.20
$136,051.50
10,526.58
14,066.68
6,802.58
6,802.58
$174,249.91
Extension
2,134.00
6,259.50
8,393.50
649.42
867.82
419.68
419.68
10,750.10
Property Ownership
Description
Replat of Bergkamp Subdivision
Block 1
Lot I
Lot 2
Lot 3
Lot 4
Lot 5
Unplatted Tract
No. I
Property Owner
Melvin A. Bergkamp Trust
Bergkamp, Inc.
Melvin A. Bergkamp Trust
Melvin A. Bergkamp Trust
Melvin A. Bergkamp Trust
Jerry F. Callabresi
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R e p l a t o f t h e B e r g k a m p S u b d i v i s i o n