Council Communication Office of the City Manager	Date	February 9, 2009
	Agenda Item No. 12A Roll Call No. 09- Communication No. 09-065 Submitted by: Jeb E. Brewer, P.E. City Engineer

AGENDA HEADING:

Communication from the City Manager recommending proposed street paving using special assessments and setting date of hearing on the proposed Resolution of Necessity. (3-9-09)

SYNOPSIS:

Recommend the City Council proceed with proposed street paving improvements and set March 9, 2009, as the date for the hearing on the proposed Resolution of Necessity, as required by Iowa Code, before the City Council can proceed to utilize special assessments against benefited property owners as part of the method of financing as referenced below. Property owners on this portion of Bell Avenue recommended for paving have previously submitted petitions to the City Council requesting that the street be paved. Recommend the City Council authorize the City Engineer to proceed with the actions necessary under the Iowa Code special assessment process and to notify appropriate property owners.

FISCAL IMPACT:

Amount: $304,000 City Engineer's Preliminary Estimate for assessment purposes

Funding Source: 2008-2009 CIP, Page Street-7, City-wide Paving Program, STR013, being $52,135.01 from Special Assessments against benefited property owners and $251,864.99 in G. O. Bonds

ADDITIONAL INFORMATION:

On June 26, 2000, the City Council adopted a new policy for paving residential streets in an effort to pave the remaining 50 miles of unpaved streets. This new policy specifies that the majority of remaining unpaved streets will be paved by private contractors with permanent paving over an improved subbase. Public Works crews will continue to provide non-assessed residential maintenance paving (formerly known as “interim paving”) where road use, storm water conditions, and available funding are consistent with this reduced life surfacing. By past Council policy, interim pavement has been limited to construction of a maximum of 4” of hot mix asphalt over the existing street surface and does not include construction of curb and gutter or any storm sewer.

Under this Council policy, the permanent paving is assessed based upon 50% of the actual pavement costs, 50% of the driveway approach costs, and design and inspection costs limited to 10% of the total construction cost. This procedure, along with the existing assessment subsidy program, results in residents typically paying approximately 25% of total project costs.

Petitions for paving Bell Avenue from Druid Hill Drive east to the dead end were received by the City Council on November 10, 2008 under Roll Call 08-1989. Council Communication No. 09-032, which was attached to Roll Call No. 09-069, dated January 26, 2009, outlines the procedure to be used to establish the Bell Avenue Paving from Druid Hill Drive east to the dead end as follows which has been updated to the status and scheduled dates:

1. Council authorization to proceed with preliminary work (1-26-09 authorized under Roll Call 09-069).

2. Property owners to be invited to an information meeting. Each assessed property owner will receive a mailing from the City Engineer. The mailing will contain general information about the street paving procedure and each owner's estimated assessment, and will invite the property owner to an informational meeting with engineering staff at which time the property owners have the opportunity to ask questions and provide input to staff on the design. (The mailing with general information was sent January 29, 2009, which included an invitation to the Informational Meeting, which is scheduled for February 16, 2009 in the City Council Chambers)

3. Preliminary survey would be completed, initial design work would begin, and preliminary cost estimates developed. (Preliminary cost estimates have been completed and are incorporated into the Preliminary Assessment Schedules, which are presented for Council consideration on the February 9, 2009 Agenda.)

4. The Resolution of Necessity will be presented to Council for adoption after the informational meeting with property owners. (The proposed Resolution of Necessity will be presented on this Agenda for Council to set the date for the Hearing on the Resolution of Necessity as March 9, 2009 at 5:00 p.m.)

The policy of taking alternate bids for hot mix asphalt or Portland cement concrete will again be utilized for the non-arterial streets included in the program.

I recommend that the City Council proceed with the following improvements and direct Staff to take the necessary actions under the Iowa Code special assessment process for Council consideration as required by Iowa Code to assess a portion of the cost on the following improvements:

• Street paving twenty-six (26) feet wide B/B with Portland Cement Concrete six (6) inches thick with integral curb, or with Hot Mix Asphalt eight (8) inches thick with Portland Cement Concrete curb and gutter, driveway approaches, surface restoration and other incidental items, together with the necessary drainage facilities on Bell Avenue from Druid Hill Drive to the Dead End East, Activity I.D. 06-2009-010, Schedule No. 2009-01.

PREVIOUS COUNCIL ACTION(S):

Date: January 26, 2009

Roll Call Number: 09-069

Action: Authorization to proceed on Bell Avenue paving from Druid Hill Drive east to Dead End. (Council Communication No. 09-032) Moved by Vlassis to adopt. Motion Carried 7-0.

Date: November 10, 2008

Roll Call Number: 08-1989

Action: Petitions from property owners requesting paving on Bell Avenue from Druid Hill Drive to dead end east. Moved by Kiernan to receive and file; refer to Engineering Department for review and recommendation. Motion Carried 5-2.

Date: June 26, 2000

Roll Call Number: 00-1876

Action: Approving Assessment Policy for Residential Street Paving. (Council Communication No. 00-288) Motion Carried 7-0.

BOARD/COMMISSION ACTION(S): NONE

ANTICIPATED ACTIONS AND FUTURE COMMITMENTS:

Council Hearing on the Resolution of Necessity on March 9, 2009, and if adopted the normal Council actions to authorize bids, receive and file bids, designate lowest bidder, and approve contract and bond; also partial payments to the contractor and final acceptance of work.

For more information on this and other agenda items, please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office on the second floor of City Hall, 400 Robert D Ray Drive. Council agendas are available to the public at the City Clerk’s Office on Thursday afternoon preceding Monday’s Council meeting. Citizens can also request to receive meeting notices and agendas by email by calling the Clerk’s Office or sending their request via email to cityclerk@dmgov.org.