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02/06/2007 - City Council Public Works Committee AGENDA PUBLIC WORKS COMMITTEE MEETING FEBRUARY 6, 2007 4:30 P.M. EAGAN CITY HALL ENGINEERING CONFERENCE ROOMS 1 A/B 1. ADOPT AGENDA II. NEW BUSINESS A. Project 928, Meadowview & Alexander Rd. (Final Assessment Roll) III. OTHER BUSINESS IV. ADJOURNMENT r CRY of Eap ma To: Tom Colbert, Director of Public Works From: John Gorder, Assistant City Engineer Date: January 30, 2007 Subject: Meadowview/ Alexander Road Final Assessments City Project No. 928 Public Works Committee Meeting - February 6, 2007 This memo is to provide background information for February 6, 2007 meeting with the Public Works Committee regarding the Final Assessment Roll for the above-referenced project. PROJECT TIMELINE • 1995/ 1999 Projects First Identified In 5 Year Capital Imp. Program • June 7, 2005 City Council Authorized Feasibility Report • January 17, 2006 City Council Ordered Public Hearing • February 15, `06 Project Informational Meeting • February 21, '06 Public Hearing - Council Ordered Project (Front Foot Assessment Methodology) • August, '06 Construction Completed • November 2, '06 Initial Final Assessment Neighborhood Meeting • November 9, '06 City Council Re-schedules Public Hearing (Driveway Unit Assessment Methodology) • November 30, `06 Informational Neighborhood Meeting • December 4, '06 Final Assessment Public Hearing/ Hearing Continued • February 6, 2007 Public Works Cmte Mtg • February 20, `07 Continuation of Final Assessment Public Hearing PROJECT/ CONTRACT COSTS A comparison of the costs presented in the feasibility report for Project 928 to the final project costs for assessment is shown on the attached table. Detailed plans and specifications for Citywide Street Improvements (Contract 06-02, including Project 928 and Projects 786, 926, and 933) were approved by the City Council and a contract awarded on April 4, 2006. While the bid prices received for Project 928 were approximately 17% over the feasibility report cost estimate, the overall bid prices received in April for Contract 06-02 were approximately 7% under the estimates presented at the projects' respective public hearings. Increases in bid costs for Project 928 were mainly due to increased grading and subgrade preparation quantities in the final design that were not anticipated in the preliminary feasibility report. The final costs for Contract 06-02, including construction and overhead, was approximately 14% under the cumulative feasibility report cost estimates. The breakdown of costs, per street improvement project, is as follows: Feasibility Report Final Cost Project 786 $400,100 $251,397 Project 926 $610,730 $464,807 Project 928 $363,720 $451,708 Project 933 $300,650 $276,445 06-02 Totals $1,675,200 $1,444,357 It should be noted that Project 928 was the only project that exceeded the feasibility report cost estimate. FINAL ASSESSMENT ROLL METHODOLOGY In accordance with the City's Special Assessment Policy, all street improvement costs for the urban upgrade of Meadowview Road, the mill & overlay of Alexander Road, and installation of commercial concrete driveway aprons on both Meadowview Road and Alexander Road are 100% assessable to adjacent benefiting properties. The Policy provides for various methods in determining benefit for adjacent properties. The feasibility report presented at the project public hearing (Feb. 21, 2006) estimated the special assessments based on the front foot method for both Meadowview Road and Alexander Road, and the actual quantity of concrete entrance aprons installed (See Attachment A). The Final Assessment Roll presented to the City Council at the December 4 City Council meeting utilized the per driveway method (Attachment B) for all assessments for Meadowview Rd. based on existing or potential driveway access to every lot and the front foot method for the Alexander Road overlay. The use of the per driveway method, rather than the front footage method for Meadowview Rd is due to the significant variances in individual lot frontage, and the recognizable similarity in access benefits to each property based on their existing (or potential) driveway connections. Another optional method of computing assessments is based on a parcel area method. However, due to the large variations in parcel sizes (0.9 acre to 23.7 acres) in relation to their access, this method was also deemed not equitable. A comparison of the potential assessment resulting from the three alternative methods is provided in the Attachment C (for information purposes only) PUBLIC WORKS COMMITTEE MTG TUESDAY FEBRUARY 6, 2007 Location: EAGAN CITY HALL CONFERENCE ROOMS 1 AB MEETING NOTES The Public Works Committee of the City Council consisting of Councilmembers Cyndee Fields and Paul Bakken convened the meeting at 4:30 pm. Also in attendance were City Administrator Tom Hedges, Public Works Director Tom Colbert, Director of Administrative Services Gene VanOverbeke, City Engineer Russ Matthys, Assistant City Engineer John Gorder and property owner Mike Leitner (Parcel 10-00800-010-04) join at 4:55pm. Councilmembers Fields and Bakken called the meeting to order and adopted the agenda as presented. PROJECT 928, FINAL ASSESSMENT ROLL (MEADOWVIEW & ALEXANDER) Director Colbert provided background information on the project, the proposed Final Assessment Roll (FAR), the comments/objections raised by the 3 property owners who spoke at the public hearing held on Dec. 4, 2006 and the Council's direction to the Public Works Committee for further review. He went on to explain that there were 2 basic policy questions to be addressed in addition to the increase in costs and notification process. Policy Issues 1. Methodology of assessment allocation The City's Special Assessment Policy provides for a variety of methods to allocate assessable costs to benefiting property owners (i.e. front foot, parcel size/area, per lot, etc). The original Feasibility Report's Preliminary Assessment Roll and the proposed Final Assessment Roll (FAR) were based on a front foot method, with some artificial footage assigned to various lots in an effort to achieve some equity between parcels. After complaints were received from a property owner about excessive assessable footage vs. actual frontage, consultation was sought from the City Attorney's office. It was determined to be more equitable (and defensible if challenged through possible appeals) to allocate the assessment on a "driveway connection" equivalent. Subsequently, a new FAR was prepared, sent to affected property owners and presented at the Dec. 4 public hearing. Public Works Committee Recommendation. After reviewing the various methodologies and the irregularity of the size and shapes of assessable properties, the Committee concurred with the revised "driveway connection" method. (Mr. Leitner also concurred with this recommendation.) 2. Allocation of costs - Assessments vs. City Funds The current Special Assessment policy states that all costs associated with upgrading substandard local streets to current city standards should be assessed 100% to the benefiting property owners. Meadowview Rd was a gravel street upgraded to a bituminous surface (9 ton industrial capacity) with concrete curb & gutter, storm sewers and concrete entrance aprons. The first proposed FAR erroneously limited the assessments to an estimated predetermined rate as stated in the City's Fee Schedule. This resulted in a reduced special assessment (less than Policy) and the City financing $56,525 more from the City's Major Street Fund to cover this shortfall. When the FAR was corrected for the assessment methodology, the assessment cost allocation was also corrected, resulting in an increase in the overall assessments to be allocated to the benefiting properties. Public Works Committee Recommendation. After reviewing the assessable costs and the City's Assessment Policy, the Committee concurred that this local street project had no larger community benefits than any other industrial street and should be assessed according to the Policy (i.e. 100% vs. Fee Schedule limits). Mr. Leitner still expressed his dissatisfaction with the increase and proposed final assessment. Cost increase and Notification process Director Colbert explained how the cost of the project increased significantly from the estimate contained in the pre-design feasibility report due to under estimating the quantities required for excavation, grading and subgrade correction necessary to upgrade a rural road to an urban industrial street. Mr. Leitner explained the hardship of budgeting for an anticipated lesser cost and then having to finance an assessment that was more than twice the original estimate. In was noted that the assessment is already proposed to be spread over the maximum 15 years to help with annual payments. It was also noted that, while extremely rare and unusual, significant cost overruns can happen and mortgage companies routinely escrow 2 -21/2 times a pending assessment with a sale of property. Public Works Committee Recommendation. After reviewing the project's design, cost estimating and notification process, the Committee recommended that the City provide stronger emphasis and clearer notification that the Feasibility Report estimate is subject to change based on final design and bid prices and that pending assessments should be updated with property notification if significant increases occur during the design and/or bidding process. The meeting adjourned at 5:25pm. Notes prepared by Tom Colbert. PUBLIC WORKS COMMITTEE FEBRUARY 6, 2007 1. NEW BUSINESS A. CITY PROJECT 928 - MEADOWVIEW/ ALEXANDER ROADS FINAL ASSESSMENT ROLL ISSUE: At the public hearing held on December 4, the City Council passed a motion to continue consideration of the Final Assessment Roll for Project 928 (Meadowview Road / Alexander Road - Street Improvements) to February 20, 2007, and directed the Public Works Committee to review the proposed Final Assessment Roll (FAR). BACKGROUND: The upgrade of Meadowview Road to current City street standards, along with the re-alignment and overlay of Alexander Road, (under Project 928) have been completed under Contract 06-02, all related costs tabulated and a Final Assessment Roll was prepared. On October 5, 2006 the City Council received the FAR and scheduled a formal public hearing to be held on November 9. As a result of questions raised by an affected property owner (Jay Tyler) prior to and at the November 2 neighborhood informational meeting regarding the final assessments and allocation methodology, staff reviewed the proposed Final Assessment Roll with the City Attorney's office for sustainability and subsequently revised it. The Final Assessment hearing was rescheduled to December 4, 2006 to insure proper re-notification of the proposed new assessment amounts. As a result of questions raised during the December 4 Public Hearing, the City Council continued the hearing to February 20 and referred the matter to the Public Works Committee for review and recommendations. ATTACHMENTS: • Final Assessment Report - City Project 928 • Background Informational Memo from Assistant City Engineer (1-30-07) o Project Timeline/ Costs/ Assessment Methodology o Recent Similar Project Assessments o Comparisons of Assessment Methods o Comparison of Proposed Final Assessments to Feasibility Report Estimates o Map of the Proposed Assessment Area COMMITTEE RECOMMENDATION OPTIONS: 1. Approve the Final Assessment Roll as presented to the Council on December 4, 2006. 2. Recommend Revisions to the Final Assessment Roll for Council consideration. 3. Other: City Project No. 928 Final Assessment Roll Totals -Front Foot Method Meadowview Road/ Alexander Road Street Improvements Nleadowview - FF Nlethod Concrete Entrance R & R .alexander - FF Nlethod Total .assmt. Prelim. Assmt Rate Street Ent. Rate Ent. Rate P.I.N. /Parcel FF /FF Assmt. S.Y. /F.F. Assmt. F.F. /F.F. Assmt. Total Assmt. Total 10-00800-010-04 Vacant 73 $116.00 $8,468.00 88.3 $69.35 $6,123.61 $14,591.61 $8,738 10-00800-030-04 3083 Sibley Memorial Highway 382 $116.00 $44,312.00 $44,312.00 $31,263 10-00900-010-26 3045 Highway 13 576 $116.00 $66,816.00 179.5 $69.35 $12,448.33 $79,264.33 $52,668 10-22480-010-01 3103Sib1eyMemorialHighway* 230 $116.00 $26,680.00 341 $69.35 $23,648.35 447.00 $15.85 $7,084.95 $57,413.30 $45,769 10-22480-020-01 3107Sib1eyMemorialHighway* 336 $116.00 $38,976.00 226.5 $69.35 $15,707.78 180 $15.85 $2,853.00 $57,536.78 $36,828 10-39900-010-02 Vacant* 190 $116.00 $22,040.00 56.4 $69.35 $3,911.34 385 $15.85 $6,102.25 $32,053.59 $26,445 10-48100-050-00 3105 Sibley MemorialHighway* 150 $116.00 $17,400.00 24.00 $15.85 $380.40 $17,780.40 $12,873 10-78500-010-01 3085 Highway 13** 277 $116.00 $32,132.00 65 $69.35 $4,507.75 $36,639.75 $25,741 TOTALS 2214 - $256,770.26 957 - $66,347 1,036.00 - $16,421 $339,592 $240,325 * Also have direct D/W access to Alexander Road Based on average frontage of other properties with frontage on Meadowview Road (1,937/ 7 = 277') ATTACHMENT A G:PROJCONTRACTS/928/FINAL ASSMT INFO/FinaIRollComparison City Project No. 928 Final Assessment Roll Totals -Driveway Method Meadowview Road/ Alexander Road Street Improvements N'leadowview - DW Method Concrete Entrance R & R .alexander Rd - FF Nlethod Total .assmt. Prelim. Assmt # Rate Street Ent. Rate Ent Rate P.I.N. /Parcel D/W's /D.W. Assmt. S.Y. /F.F. Assmt. F.F. /F.F. Assmt. Total Assmt. Total 10-00800-010-04 Vacant 1 $23,342.75 $23,342.75 88.3 $69.35 $6,123.61 $29,466.36 $8,738 10-00800-030-04 3083 Sibley Memorial Highway 1 $23,342.75 $23,342.75 $23,342.75 $31,263 10-00900-010-26 3045 Highway 13 2 $23,342.75 $46,685.50 179.5 $69.35 $12,448.33 $59,133.83 $52,668 10-22480-010-01 3103 Sibley Memorial Highway* 1.5 $23,342.75 $35,014.13 341 $69.35 $23,648.35 447.00 $15.85 $7,084.95 $65,747.43 $45,769 10-22480-020-01 3107Sib1eyMemorialHighway* 2.5 $23,342.75 $58,356.88 226.5 $69.35 $15,707.78 180 $15.85 $2,853.00 $76,917.65 $36,828 10-39900-010-02 Vacant* 1 $23,342.75 $23,342.75 56.4 $69.35 $3,911.34 385 $15.85 $6,102.25 $33,356.34 $26,445 10-48100-050-00 3105 Sibley MemorialHighway* 1 $23,342.75 $23,342.75 24.00 $15.85 $380.40 $23,723.15 $12,873 10-78500-010-01 3085 Highway 13 1 $23,342.75 $23,342.75 65 $69.35 $4,507.75 $27,850.50 $25,741 TOTALS 11 - $256,770.26 957 - $66,347 1,036.00 - $16,421 $339,538 $240,325 * Also have direct D/W access to Alexander Road ATTACHMENT B G:PROJCONTRACTS/928/FINAL ASSMT INFO/FinaIRollComparison City Project No. 928 Final Assessment Roll Totals -Area (Acreage) Method Meadowview Road/ Alexander Road Street Improvements area Method Concrete Entrance R & R Alexander Rd .assmt. Total .assmt. Prelim. Assmt Rate Street Ent. Rate Rate P.I.N. /Parcel Ac /Ac Assmt. S.Y. /F.F. Assmt. F.F. /F.F. Assmt. Total .assmt. Prelim..assmt 10-00800-010-04 Vacant 3.68 $6,631.46 $24.403.77 88.3 $69.35 $6,123.61 $30,27.,8 $8,738 10-00800-030-04 3083 Sibley Memorial Highway 2.09 $6,631.46 $13.859.75 $13,859.75 $31263 10-00900-010-26 3045 Highway 13 23.65 $6,631.46 $156.834.03 179.5 $69.35 $12,448.33 $169,282.15 $52.668 10-22480-010-01 3103 Sibley Memorial Highway* 2.6 $6,631.46 $17.241.80 341 $69.35 $23,648.35 447.00 $15.85 $7,084.95 $47,97.10 $45,769 10-22480-020-01 3107 Sibley Memorial Highway* 3.55 $6,631.46 $23.541.68 226.5 $69.35 $15,707.78 180 $15.85 $2,853.00 $42.102.46 $36.828 10-39900-010-02 Vacant* 1.02 $6,631.46 $6.764.09 56.4 $69.35 $3,911.34 385 $15.85 $6,102.25 $16,777.68 $26,445 10-48100-050-00 3105 Sibley Memorial Highway* 0.9 $6,631.46 $5.968.31 24.00 $15.85 $380.40 $6,148.71 $12.873 10-78500-010-01 3085 Highway 13 1.23 $6,631.46 $8.156.70 65 $69.35 $4,507.75 $12,664.45 $2,741 TOTALS 38.72 - $256,770.26 957 - $66,347 1,036.00 - $16,421 $339,538 $240,325 * Also have direct D/W access to Alexander Road ATTACHMENT C G:PROJCONTRACTS/928/FINAL ASSMT INFO/FinaIRollComparison