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File #: 19-0881    Version: 2 Name: 6/3/19 - Dhu Varren Sidewalk Resolution No. 2
Type: Resolution Status: Passed
File created: 6/3/2019 In control: City Council
On agenda: 6/17/2019 Final action: 6/17/2019
Enactment date: 6/17/2019 Enactment #: R-19-300
Title: Resolution No. 2 - Dhu Varren Road Sidewalk Project - Special Assessment
Attachments: 1. Dhu Varren Sidewalk Assessment Area.pdf, 2. Dhu Varren Res 1 R-18-270.pdf, 3. Dhu Varren Road SAD - Assessor 2019-03-06.pdf, 4. Dhu Varren Road SAD - Assessor 2019-06-06.pdf, 5. Dhu Varren Sidewalk Assessment Area - updated 06-06-2019.pdf


Resolution No. 2 - Dhu Varren Road Sidewalk Project - Special Assessment


Attached for your approval is a resolution to establish the estimated cost and distribution of costs for a new sidewalk to be constructed as part of the Dhu Varren Road Sidewalk Project (Sidewalk Special Assessment District #53).


On July 2, 2018 City Council approved Resolution No. 1 (R-18-270) to direct the City Administrator to prepare plans and specifications for the project. These improvement includes first time construction of sidewalks along both the north and south sides of Dhu Varren Road, from Omlesaad Drive to the Nixon Farm developments. The new sidewalks will be adjacent to the Foxfire and Foxridge developments, two individual parcels, and City park land. 


There are existing sidewalks on Omlesaad Drive and throughout the Foxfire neighborhood as well as within the Foxridge neighborhood.  Further, new sidewalks were recently constructed along Dhu Varren Road adjacent to Nixon Farms as part of those development projects.  The project also includes realigning Dhu Varren Road, immediately east of Omlesaad Drive, to accommodate the existing two bike lanes and the new sidewalks, without disturbing existing boulder retaining walls and landscaping. 


As required by City Code, the cost for the first time construction of sidewalk is paid by adjacent property owners.  Costs not directly related to sidewalk construction, such as the realignment of Dhu Varren road, will be paid by the Street, Bridge, and Sidewalk Millage, and will not be assessed to property owners.


The total estimated cost of the sidewalk construction is $85 per foot of sidewalk. The City is leveraging Federal Surface Transportation Program (STP) Funds for the project. As a result, the estimated assessable cost for the project will be reduced to approximately $39.00 per foot.


The site development agreements for the Foxridge and Foxfire site condominiums include a provision that all units in those respective developments will be responsible for Dhu Varren Road sidewalk special assessments.


City staff met with affected property owners in April 2018 for the Administrative Hearing in the Special Assessment process.  The project background, proposed sidewalk plans, proposed assessment costs, and the special assessment process were discussed at the meeting. 


Maintenance Impacts:  Routine maintenance, such as snow clearing, will be the responsibility of adjacent property owners. Long-term repairs/replacement of sidewalk slabs adjacent to taxable parcels will be performed by the City, as is currently done under the voter approved sidewalk millage.


Budget/Fiscal Impact:


Federal Surface Transportation Grant                     $ 578,420.80                      

Street, Bridge, and Sidewalk Millage                       $ 190,829.09 

Special Assessment                                                               $   83,159.71

Total Estimated Project Cost                                                  $ 852,409.60


Prepared by:  Nicholas Hutchinson, P.E., City Engineer

Reviewed by:  Craig Hupy, Public Services Area Administrator

Approved by:  Howard Lazarus, City Administrator


Whereas, Plans and specifications are being developed for the Dhu Varren Road Sidewalk Project, District #53;


Whereas, In accordance with the City Code, the cost for the addition of new sidewalk is to be borne by the benefitting parcels;


Whereas, Site development agreements provide for all units in the Foxfire and Foxridge developments to be assessed for sidewalk construction along Dhu Varren Road;


Whereas, A construction estimate and appropriate funding sources have been established;


Whereas, Federal Surface Transportation Program funds are available to fund a portion of the costs; and


Whereas, City Council Resolution No. 1 (R-18-270) directed the City Administrator to prepare plans and specifications for the project;


RESOLVED, That the City Council determines the estimated cost of said sidewalk improvement, including all incidentals, to be $852,409.60, and that of said cost, the sum of $273,988.80 be a local share;


RESOLVED, That, of the local share, $83,159.71.00 be paid by special assessment upon the properties specially benefited;


RESOLVED, That the following described lots and parcels of land be designated as constituting the special assessment district against which the cost of said improvement shall be assessed: SEE ATTACHED;


RESOLVED, That the City Assessor is hereby directed to prepare a special assessment roll in accordance with the foregoing determinations of the City Council and to file the same, together with his certificate attached thereto, with the City Clerk for presentation to the City Council ; and


RESOLVED, That the City Administrator be authorized to take the necessary administrative actions to implement this resolution.