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8.4 Advis Auth Tasker Drain CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 9/23/02 TIME 4:00 P.M. AGENDA SECTION: NO. ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: 8 ITEM NO. 4 Engineering & General Services BY: Shawn O'Lea,ß BY: - .. é-~~ " ITEM Report on validity of Petition No. 4236, Submittal of Engineering Feasibility Report and Resolution of Advisability/Authorization for the Drainage Improvements in Tasker Addition. BACKGROUND The attached Petition No. 4236 was submitted by Mr. Scott Krous on September 17, 2002 requesting certain drainage improvements in Tasker Addition. This drainage improvement project replaces an open drainage swale, and converts it to an underground piping system within the drainage easement that exists between Lots 7 and 8, Tasker Addition as shown on the attached aerial photograph. Mr. Krous is the owner/resident of Lot 8, Block 1, Tasker Addition. City engineering staff has been working with him on this project for several months. It is prescribed by Kansas State statutes that the City Commission consider a petition for drainage improvements and establish sufficiency on the basis that anyone of the following three conditions are met: 1. The petition is signed by a majority of the resident owners of record of property liable for assessment under the proposal. 2. The petition is signed by the resident owners of record of more than half of the area liable for assessment under the proposal. 3. The petition is signed by the owners of record, whether resident or not, of more than one half of the area liable to be assessed under the proposal. In this case, the petition signatures represent 100% of the owners of record of the area liable for assessments. Therefore, the petition clearly meets the statute requirements for sufficiency. The Saline County Treasurer has indicated there are no delinquent taxes or special assessments on any property within the benefit district owned by the petitioners. The engineering feasibility report and project schedule for these public improvements is attached for your review. The report describes the scope of the project, the improvement district, the method of assessment, a cost estimate, and the identification of the two (2) properties in the benefit district. Fifty percent (50%) of the cost of these drainage improvements is proposed to be assessed to the benefit district. If approved, the remainder of the cost will be financed by the city. The total estimated cost of the improvements is $11,922.39, while the property owners share of this cost is $5961.19. The City of Salina has a policy in which any property owner may petition the city-at-Iarge to pay 50% for any neighborhood public drainage improvement that serves a significant quantity of off- site property drainage. This swale drains a large portion of the lots along Tasker Lane, and therefore qualifies for the 50% funding by the city-at-Iarge. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE 9/23/02 TIME 4:00 P.M. AGENDA SECTION: NO. ORIGINATING DEPARTMENT: APPROVED FOR AGENDA: Engineering & General Services ITEM NO. BY: Shawn O'Leary BY: Page 2 The property owners may choose to pay their share of the project costs as a lump sum payment in spring of 2003 or as a special assessment tax over a 15-year period beginning in December, 2003. Earles & Riggs Engineers has completed the plans for the project, and a tentative bid date of October 15, 2002 has been established. If approved, the construction will be complete by December, 2002. City staff will also initiate some additional improvements that will be completed along with the petitioned improvements including curb and gutter replacement and concrete valley gutter replacement that have experienced excessive settlement. RECOMMENDATION It is recommended that the City Commission approve the engineering feasibility report, adopt the resolution of advisability and authorization establishing the special assessment improvement district and authorize staff to set a bid date for the project. Cc: Peter Earles Petitioners Ene!.: Engineering Feasibility Report Petition Project vicinity map Resolution PRELIMINARY ENGJNEERING ESTIMATE AND FEASIBILITY REPORT PROPOSED TASKER LANE DRAINAGE IMPROVEMENTS IN TASKER ADDITION FILE NO. 02 - 2 SEPTEMBER - 2002 SHAWN O'LEARY, DIRECTOR OF ENGINEERING & GENERAL SERVICES SCOPE OF WORK Drainage improvements (storm sewer installation) between Lots 7 and 8, Block 1, Tasker Addition to the City of Salina, Kansas. BENEFIT DISTRICT. Lots 7 and 8, Block 1, Tasker Addition to the City of Salina, Kansas. 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(15) equal annual assessments. The method of assessment is that 100% of the total cost assessed against the property shall be based upon equal assessments for each equivalent residential lot in the benefit district. 2 APPORTIONMENT OF COSTS TASKER LANE DRAINAGE IMPROVEMENTS COST CHARGABLE TO PRIVATE PROPERTY: 1. 50%(*) of the total cost of drainage improvements between Lots 7 and 8, Block 1, Tasker Addition including pipeline, grading, and any incidentals thereto to complete the drainage system. COST CHARGABLE TO CITY: 1. 50%(*) of the total cost of drainage improvements between Lots 7 and 8, Block 1, Tasker Addition including pipeline, grading, and any incidentals thereto to complete the drainage system. (*) The City of Salina has a program where any owner may petition the city-at-large to pay 50% for any public drainage improvement that serves a significant quantity of off-site property draivage. 3 DISTRIBUTION OF COSTS TASKER LANE DRAINAGE IMPROVEMENTS Cost Cost Chargeable Chargeable To Benefit To City District Total Cost Drainage Improvements $ 5,961.19 $ 5,961.20 $ 11,922.39 Total: $ 5,961.19 $ 5,961.20 $ 11,922.39 4 PREUMINARY ESTIMATE TASKER LANE DRAINAGE IMPROVEMENTS TOTAL PROJECT COSTS 1 Storm Pipeline, 18" (N - 12) 2 Storm Pipeline. End Section (N - 12) 3 Storm Pipeline Elbow (N -12) 4 Sidewalk 5 Concrete Removal 6 Concrete Headwall 7 Compaction 8 Construction Staking SUBTOTAL ENGINEERING & CONTINGENCY: TEMPORARY NOTE INEREST, BONDING, ISSUING: TOTAL: , \ 5 132 loF. @ $ 24.00 $ 3,168.00 1 Each @ $ 300.00 $ 300.00 1 Each @ $ 350.00 $ 350.00 10 S.Y. @ $ 34.00 $ 340.00 1 loS. @ $ 500.00 $ 500.00 1 Each @ $ 2,200.00 $ 2,200.00 367 C.Y. @ $ 5.00 $ 1,835.00 1 loS. @ $1,000.00 $ 1,000.00 $ 9,693.00 $ 1,453.95 $ 775.44 $ 11,922.39 PROPERTY OWNERSHIP TRACT 1 Owner: Address: Legal Description: Cost: Gerald A. Rosengren and Kyong Rosengren 2924 Antler Court Lot Seven (7), Block One (1), Tasker Addition $ 2,980.60 TRACT 2 Owner: Address: Legal Description: Cost: Scott L. Kraus and Julie A. Hagedorn 2928 Tasker Lane Lot Eight (8), Block One (1), Tasker Addition $ 2,980.59 Lot 7, Block 1 $ 2,980.60 Lot 8, Block 1 $ 2,980.59 City of Salina* $ 5,961.20 Total $ 11,922.39 (*) The City of Salina has a program where any owner may petition the city-at-Iarge to pay 50% for any public drainage improvement that serves a significant quantity of off-site property drainage. " 6 TASKER LANE DRAINAGE IMPROVEMENTS.. 1. September 6, 2002 2. September 18, 2002 3. September 23, 2002 4. October 15, 2002 5. October 21, 2002 6. December 20, 2002 7. March, 2003 8. December, 2003 PROJECT SCHEDULE September 6, 2002 Completion of Feasibility study and cost estimate. (City Engineer) Submittal of petition for public improvements. (Developer) Resolution of Advisability and Authorization; Set Bid Date. (City Commission) Bid Letting. (City Engineer) Award Construction Contract. (City Commission) Complete construction of public improvements. ( Contractor) Special Assessment levied against properties in benefit district. (City Commission) First payment due on special assessments. (Property Owner) " l DO NOT WRITE IN THIS SPACE PETITION NUMBER ~.j! 3 & City Clerk's Office Filed '02 SEP 17 AH10:28 TO: THE GOVERNING BODY City of Salina, Kansas (A) We, the undersigned, being owners of record of property liable for assessment for the following improvements: Hereby propose that such improvement be made in the manner provided by Article 6a, Chapter 12 ofthe Kansas Statutes Annotated, as amended. (B) The estimate or probable cost of such improvement is: Eleven Thousand Nine Hundred Twen Two Dollars and 39/100 . (C) The extent of the proposed improvement district to be assessed as indicated on the attached plat and is described as follows: Lots 7 and 8, Block 1, Tasker Addition to the City of Salina,Kansas (D) The proposed method of assessment is: Shall be based upon equal assessments for each equivalent residential lot in the benefit district. (E) The proposed apportionment of costs between the improvement district and the improvement district and the City-at-Iarge is: Fiftv Fifty percent ( percent ( 50 50 %) to be assessed against the improvement district and %) to be assessed against the City-at-Iarge. (F) We further propose that such improvement be made without notice and hearing as required by K.S.A. 12-6aO4(1) as amended. ............................................................................................... No name may be withdrawn from this petition after the Governing Body commences consideration of the petition or later than seven [1) days after this petition has been filed with the City Clerk (K.S.A. 12-6a04). ............................................................................................... Respectfully submitted by: Scott L. Krous Telephone Number 825-6241 Siqnature Residence Date & Time of Siqninq Property owned within the proposed Improvement District .h//\A--4! Il H ~I'~j"- ~~ ~ '1 :J. ~ þ. .. t L- r?~ 9/1"?/Cv} LD't-c;/.,..I,,13I"Lk'1 I/'A < k «-.... )~', ~ í t- ,'.., ;;<9 ~8' ~ )(er- )1{ ~j¡:lIúø. Loj 8' (l;/eJCI( I E.sker AJJ,'hðY1 (PublIshed m the Salma Journal on September , lOOl) RESOLUTION NUMBER 02-5875 A RESOLUTION OF FINDING AS TO THE ADVISABILITY AND A RESOLUTION AUTHORIZING CONSTRUCTION PURSUANT TO KS.A. 12-6aOl et seQ. OF AN IMPROVEMENT CONSISTING OF CERTAIN DRAINAGE IMPROVEMENTS IN THE TASKER ADDITION TO THE CITY OF SALINA, KANSAS. Pursuant to findings of advisability made by the Governing Body of the City of Salina, Kansas. WHEREAS, a petition was filed with the City Clerk on the 17th day of September 2002, under and pursuant to K.S.A. 12-6a01 et seQ. to make certain drainage improvements in Tasker Addition. NOW, THEREFORE, be it resolved by the Governing Body of the City of Salina, Kansas, that the following findings as to the advisability of making certain drainage improvements in Tasker Addition of the City of Salina, Kansas, are hereby made, to wit: Section 1. That it is necessary and in the public interest to make an improvement consisting of: TASKER LANE DRAINAGE IMPROVEMENTS Drainage improvements between Lots 7 and 8, Block 1, Tasker Addition to the City of Salina, Kansas. Section 2. That the estimated and probable cost of such improvement is $11,922.39. Section 3. That the Governing Body hereby further finds and fmally determines that the boundaries of the improvement district against a portion of the costs of said improvement shall be assessed are hereby established and fixed as the following legal description: Lots 7 and 8, Block 1, Tasker Addition to the City of Salina, Kansas. Section 4. The method of assessment shall be that 100% of the total cost assessed against the property shall be based on equal assessments for each equivalent residential lot for drainage improvements without regard to buildings or improvements of the land. Section 5. The proposed apportionment of cost between the improvement district and the city-at-1arge is: 1. The costs assessed against the improvement district shall be: a. Fifty percent (50%) of the total cost of drainage improvements between Lots 7 and 8, Block 1, Tasker Addition including pipeline, grading, and any incidentals thereto to complete the drainage system. 2. The costs assessed against the city-at-large shall be: a. Fifty percent (50%) of the total cost of drainage improvements between Lots 7 and 8, Block 1, Tasker Addition including pipeline, grading, and any incidentals thereto to complete the drainage system. Section 6. That the advisability of the improvements set forth above is hereby established as authorized by K.S.A. 12-6aOI et seq. Section 7. Be it further resolved that the above described improvement is hereby authorized and declared to be necessary in accordance with the findings of the Governing Body as set out in this resolution. Section 8. The assessment with accrued interest shall be levied as a special tax upon the property included within the benefit district concurrent with the general property taxes and shall be payable in fifteen (15) equal annual installments. Section 9. That the City Engineer be and is hereby directed and ordered to prepare plans and specifications, and estimates of the cost of said improvements. Section 10. That for the purpose of providing funds to pay the cost of such improvements until bonds can be issued therefore, the Mayor and City Clerk be and they are hereby authorized to execute temporary notes for the City of Salina, Kansas, as provided by K.S.A. 10-123 and 12-6a04, not to exceed the aggregate provided by law. Such temporary notes may be issued by Resolution fÌ"om time to time as required during the progress of the work on the improvements herein recited. Such temporary notes shall be in the form and executed as provided by law. Section 11. That the City Clerk is hereby authorized and directed to make progress payments to the contractors for materials furnished and for labor performed under the contract when estimates therefore are presented to him which have been properly certified by the City Engineer, so long as the aggregate payments do not exceed the total contract price. Section 12. That the City expects to incur capital expenditures on and after the date of adoption of this Resolution (the "Expenditures") in connection with such improvements, and intends to reimburse itself for such Expenditures with the proceeds of said bonds or temporary notes in an amount which, depending on the date of issuance of said bonds or temporary notes, may aggregate a maximum of$11,922.39, the anticipated cost of such improvements. Section 13. This resolution shall take effect after its passage and publication once in the official city newspaper. Adopted and passed this 23rd day of September, 2002. {SEAL} ATTEST: Kristin M. Seaton, Mayor Lieu Ann Nicola, City Clerk