Minutes - Council - 08/14/2006 - Special

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COUNCIL BUSINESSIPUBLIC HEARINGS Case #1: Public Hearing Regarding Special Assessments for Improvement Project 06- 27 Welcome's Road Street Grading and Paving Improvements Mayor Gamec informed everyone this is a special meeting to address street assessments for the proposed overlay projects. He stated in accordance with the City Charter, if bids are over 10 percent what was mailed to residents and charged, a rehearing is required to inform residents of the actual charges. He eXplained that if these charges are approved, another hearing would be held to advise residents of actual charges. Mayor Gamec reported the bids came out over 10 percent because of increased oil costs causing an increase from the time of the hearing on this project. Public Hearine: Mayor Gamec called the public hearing to order at 7:15 p.m. Presentation City Engineer Jankowski reported this project, bid on July 7, was 12.4 percent over the anticipated cost in the feasibility study. He reiterated that the City ordinance states the City shall not award the contract if it is 10 percent above. Mr. Jankowski stated the Council hopes, by holding the public hearing, to propose the assessment for this project and the overlay projects to follow, prior to any work being done, so if there are any challenges to the assessment the City would not jeopardize the loss of significant funds to do these projects. City Engineer Jankowski stated, with the Welcome Roads project, a petition was signed by 100 percent of the property owners benefiting from project. He stated it was reviewed by the City Attorney who determined it to not be adequate to serve the purpose of protecting the City from the loss of the assessments. Mr. Jankowski stated a waiver agreement that meets the purpose of protecting the City from the loss of assessments was sent to all citizens along Welcomes Road and asked that it be returned to the City. Mr. Jankowski explained a request is before the Council to adopt the assessments and pass a motion directing the City to enter into a contract with the lowest bidding contractor contingent upon receiving all the signed waivers back. City Attorney Goodrich explained anyone at the meeting could sign the waiver and stressed there must be 100 percent of the required signatures on the petition. Councilmember Cook asked for clarification inquiring if the waivers do not come back does it go a full 30 days and if there is not 60 percent of the community against it then the City could go forward with the project as well. City Engineer Jankowski replied that was correct. He reported the indication is citizens are in favor of the project and the waiver would allow the City to start earlier. Mayor Gamec asked if approved, would it speed up the process. Special City Council / August 14,2006 Page 3 of7