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HomeMy WebLinkAbout11A - Frost Point Circle MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT JANUARY 3,2006 11A LARRY POPPLER, ASSISTANT CITY ENGINEER CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING CITY STAFF TO ORGANIZE A NEIGHBORHOOD MEETING TO DISCUSS RECONSTRUCTION OF FROST POINT CIRCLE Introduction This agenda item is necessary to provide Staff with direction on how to proceed with a request from a resident to review Frost Point Circle for reconstruction in the summer of 2006. History Frost Point Circle was originally included in the 2005 Street Improvement Project (Project 05-11). Frost Point went through the feasibility stage, public hearing, design, and bidding. Along the way, Frost Point residents questioned the need for the project. Some of these residents met with City Staff and Council members during the design process. Frost Point Circle was included in the scope of the 2005 Improvement Project because of its proximity to the majority of the work and the severity of the roadway deterioration. Typically cul-de-sacs such as Frost Point experience less wear and tear than through streets, however since the City is reconstructing adjacent streets, these cul-de-sacs are included in the project scope. Frost Point Circle was originally constructed in 1974, which is the same time frame that other streets in this area were originally constructed. Frost Point Circle is now the last remaining street in this region that hasn't been reconstructed. At the May 16th, 2005 meeting, with strong encouragement from residents of the neighborhood, the City Council elected to omit Frost Point Circle from the 2005 Improvement Project scope. All the residents of Frost Point Circle except one were in the crowd that night and each wore green t-shirts in opposition of the project. The green t-shirts read "Overlay Frost Point". At the time of the May meeting, the estimated assessment was $8,094.00 per property. Since the May 16th meeting the City has had a number of conversations with some of the residents of Frost Point. They have witnessed the reconstruction of the neighboring streets including the condition of he sewer and water pipes and have decided that it is appropriate to reconstruct Frost Point Circle including utilities at this time. Current Circumstances At its regular meeting on December 5th, John Titus, a resident on Frost Point Circle appeared at the forum and asked that the City Council consider reconstruction of Frost Point Circle during the summer of 2006. At that meeting, G:\Recon_Projects\Ol0306 Frost Point revisited. DOC www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 the City Council directed staff to prepare an agenda report on the topic with potential steps for the decision making process on this street. ISSUES: Since the project was so poorly supported in May, City Staff is recommending the following process in order to proceed with a reconstruction project: It is unclear if the majority of the residents of Frost Point Circle really do want the City to reconstruct the street. Mr. Titus indicated he was not speaking on behalf of the neighborhood residents. City Staff recommends that a neighborhood meeting be held with residents to discuss the reconstruction project and re- educate the residents on the reasons why this street should be reconstructed. Once that meeting is held, Staff would recommend the residents "petition" the City Council pursuant to Chapter 429 asking the City to prepare a Feasibility Report for Frost Point Circle. City Staff recommends that at least 75% of the residents sign the petition asking that a Feasibility Report be prepared for this project. Chapter 429 requires a minimum of 35 percent of the owners petition the City, however due to the previous project opposition Staff is recommending a higher percentage. The City Council should also give direction to Staff as to how the Feasibility Report should be paid for. In the past on petition driven projects, City Staff has completed the Feasibility Report without reimbursement from the petitioners. The funds for completion of the Feasibility Report were then encumbered through the general tax levy. If the projects were completed 40% of the feasibility costs were recovered through assessments. Since the Feasibility Report, design, and bidding were recently completed for Frost Point Circle for the 2005 Improvement Project, the costs for revising the Feasibility Report for this street should be minimal. However, City Staff believes the costs for completing this report should be borne by the petitioners since this is a second feasibility report that would have been unnecessary had the project proceeded as proposed. Once the Feasibility Report has been completed, City Staff would ask the City Council to accept the feasibility report and order a Public Hearing on the reconstruction of Frost Point Circle. As a public improvement project the City must follow State of Minnesota Statute 429. Attached to this agenda report is a flowchart of the 429 process. This process applies to all projects that will be financed in whole or part through special assessments or bond proceeds. Since special assessments will fund the project, the Staff recommends the following to assure that the City is not faced with numerous appeals as occurred within the 2005 project. 1. Initiate the project only if a petition is received from 75% of the benefiting properties agreeing to waive their right of special assessment appeal. FINANCIAL IMPACT: The original special assessment estimate was $8,094.00 per benefited property. However, it is anticipated that the costs for the street improvements on Frost Point Circle could be substantially greater than the original estimated assessment. There are a number of reasons for the increase in costs. First, the cost of construction materials continue to escalate due to increases in the cost of G:\Recon]rojects\010306 Frost Point revisited. DOC petroleum products. Second, originally Frost Point was bid in conjunction with the construction of the neighboring streets. This was over a $3,000,000 project. Economy of scale allowed the City to receive reduced unit prices for this project. Frost Point Circle, as a stand alone project may not receive as favorable unit prices because it will be such a small project. The 2006 budget does not include Frost Point Circle reconstruction. However, because it is such a small project, the City can bond for the City's costs for the improvements. The apportioning of the costs should follow the City Assessment Policy in which the residents of the reconstruction area are assessed 40% of the street and storm sewer costs. ALTERNATIVES: The alternatives are as follows: RECOMMENDED MOTION: Reviewed by: 1. Approve a resolution authorizing Staff to organize a neighborhood meeting to discuss the reconstruction of Frost Point Circle. 2. Deny this item for a specific reason and provide Staff with direction. 3. Table this item until some date in the future. Alternative 1, A motion and second to adopt a Resolution authorizing Staff to organize a neighborhood meeting to discuss the reconstruction of Frost Point Circle. Once the neighborhood meeting is completed the Council would take additional steps only if the petition from 75% of the benefiting properties is received. rJ-At Steve Albrecht, P blic Works Director Manager G:\Recon]rojects\Ol0306 Frost Point revisited.DOC Maintenance Center 17073 Adelmann Street s.E. Prior Lake, Minnesota 55372 RESOLUTION 06-xx RESOLUTION AUTHORIZING CITY STAFF TO ORGANIZE A NEIGHBORHOOD MEETING TO DISCUSS RECONSTRUCTION OF FROST POINT CIRCLE Motion By: . Second By: WHEREAS, It is proposed to hold a neighborhood meeting and to discuss construction of storm sewer, sanitary sewer and watermain repair, aggregate base, concrete curb and gutter, bituminous surfacing, and appurtenant work; and WHEREAS, It is proposed to assess the benefited property for all or a portion of the cost of the improvements, pursuant to Minnesota Statutes, Chapter 429, NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Engineer is authorized to organize a neighborhood meeting to discuss the reconstruction of Frost Point Circle. PASSED AND ADOPTED THIS 3RD DAY OF JANUARY, 2006. YES NO Haugen Haugen Dornbush Dornbush Erickson Erickson LeMair LeMair Millar Millar Frank Boyles, City Manager G:\Recon_Projects\Frost Point revisited resolution OI0306.DOC www.cityofpriorlake.com Phone 952.440.9675 / Fax 952.440.9678 FROST POINT CIR SE D PROJECT LOCATION Last Updated Dacember 2005 City of Prior Lake Engineering Department G:\Recon _ProjectsIFrost_PoinUocation.apr o 400 Feet This drawing is neither a legally racorded map nor a survey and is not intended to be used as ona. This drawing is a compilation of records, information and data from various city, county and state offices and other sources. This document should be used for reference only. No reprasentation is made that features presented accurately reflect true location. The City of Prior Leke, or any othar entity from which data was obtained, assumes no liability for any errors or omissions herein. If discrepancies are found, please contact the City of Prior Lake. -x-,,":J ~~:<;, -..--.----. ---'_._"-"---'--I---~-"-""'_._..".."'.' --._-~-_._......_._...__......__...--..._-_._.. PUBLIC IMPROVEMENT PROCESS FOR SPECIAL ASSESSMENT PROJECTS (Minnesota Statutes Chapter 429) Staff Activitiesrrasks Prepare proposed Capital Improvement Program Feasibility report; prepare cost estimate, project budget, and schedule; determine benefited area and proposed assessments Mail hearing notices Prepare plans & specs Open bids; accept bids; award contract; prepare & execute contract; administer construction. Prepare and mail hearing notices Certify assessment to County Auditor / ~ I~ k( / ~ / ~ / City Council Decisions - Modify/approve Capital Improvement Program and Resolution ordering preparation of feasibility report Accept report and call for hearing Hold public hearing on the proposed project and order the improvement and preparation of plans Approve plans and order advertisement for bids Authorize amount to be assessed and schedule assessment public hearing Hold final assessment public hearing; adopt assessment roll G:\PROJECTS\2005\11_FishPoint_Fairlawn\lnfomational Meetings\info mtg packet.doc _"~.~~'_'""'__"_'~_____" .. ~~.W'"._"""'_"_"'~,__..__.~....".........-~.,.._,,,.,___"~,,.__~ " I -,._---~,._--_.---....--,_.,--._._"" _._.._-_.,..~.~---'~"~~-,-~--~-_._..,---~--.."..._,-,--.-.---.-..."-.-