HomeMy WebLinkAbout~Master - Preliminary Resolution for SE 2nd Street Paving Program v .
RESOLUTION NO. ng-59
PRELIMINARY RESOLUTION PURSUANT TO SECTION 384.42 OF THE
IOWA CODE COVERING THE SE 2ND STREET AND KINGSBURY
AVENUE PAVING PROJECT, (SE 2"d Street: Sumner Ave to Kingsbury
Avenue; and Kingsbury Avenue: SE 2"d Street to Lincoln Way) CITY OF
AMES, IOWA
WHEREAS, it is deemed advisable that a certain paving project in the City of Ames,
Iowa, to be located as hereinafter described, be constructed in accordance with the
provision of Chapter 384, Code of Iowa, and a portion of the cost thereof assessed to the
property benefitted thereby; and,
WHEREAS, the City has arranged for engineering services with the City's
Department of Public Works in connection with said improvement,
NOW THEREFORE BE IT RESOLVED b the City Council of the City of Ames,
Y Y Y
Iowa, as follows:
Section 1. That the following shall be constructed as a single improvement and
such improvement shall be located with terminal points and of materials and sizes as
follows:
Terminal Points
Beginning at the Easterly line of Sumner Avenue thence running East a
distance of 280' to the Westerly line of High Avenue with Portland Cement
Concrete paving with integral curbs 41'wide back to back, and beginning at
the Easterly line of High Avenue thence running East a distance of 280' to
the Easterly line of Kingsbury Avenue with Portland Cement Concrete paving
with integral curbs 31'wide back to back, and beginning at the Southerly line
of East Lincoln Way thence running South a distance of 462' to the
Southerly line of SE 2�d Street with Portland Cement Concrete paving with
integral curbs 31' wide back to back
Kinds and Quantities of Materials and Work
Constructing 280' of 8" PCC paving with integral curbs 41' wide back to
back, and 742' of 8" PCC paving with integral curbs 31' wide back to back
Section 2. A general description of the property or a designation of the lots which the City
Council believes will be specially benefitted by the said improvement are set out on
Appendix A attached hereto and by this reference made a part hereof as if fully set out.
Section 3. That the Engineers are hereby ordered to prepare preliminary plans and
specifications, an estimated cost of the work and a plat and schedule and to file the same
with the Clerk, and shall include in the estimated cost a default fund item of not to exceed
10% of the amount to be assessed against specially benefitted property.
Section 4. That the improvement shall be known as the SE 2n1 Street and Kingsbury
Avenue Paving Project, (SE 2n1 Street: Sumner Ave to Kingsbury Avenue; and Kingsbury
Avenue: SE 2"d Street to Lincoln Way), and shall be so referred to in all subsequent
proceedings.
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Section 5. All resolutions or orders or parts thereof, to the extent the same may be in
conflict herewith, are hereby repealed.
Passed and Approved this 12th day of November , 2002.
Diane R. Voss, City Clerk 'red Tedesco, Mayor
(Seal)
SE2nd Street and Kingsbury Ave Paving,Combined Project,081001.wpd
Revised 4-3-02
APPENDIX A
Assessment Boundaries
Beginning at the northwest corner of Lot 8 Block 2 in Kingsbury's Addition thence East a
distance of 428' to the Southwest corner of Lot 6 Block B in Kingsbury's 2nd Addition,
thence North a distance of 198'to the Northwest corner of Lot 2 Block B of Kingsbury's 2nd
Addition, thence East a distance of 330' to the Northeast corner of Lot 2 Block A in
Kingsbury's 2nd Addition, thence South a distance of 396' to the Southeast corner of Lot
7 Block A in Kingsbury's 2"Addition,thence South along the same line a distance of 198',
thence West a distance of 198'to a point 132' South of the Northeast corner of Lot 1 Block
C in Kingsbury's 2nd Addition, thence South a distance of 66', thence West a distance of
626' to the Southwest corner of Lot 6 Block 2 in Kingsbury's Addition, thence North a
distance of 462' to the point of beginning.
SE2nd Street and Kingsbury Ave Paving,Combined Project,081001.wpd
Revised 4-3-02
:the
nsidered as one project. Mr.Byg pointed out that the petitioners(four property owners out of
23 parcels)for this project would be paying 51.7%of the total cost of this project. He named
e petitioners as E. Dean Hofsommer, Romer Fitz,Upchurch Rentals, and larence Martin.
Mr. Lange a is the main petitioner
for this proj ect;he owns several lots.Both Mike Lange and Diane Lange stated that they believe
the only property owner to benefit from this project would be Clarence Martin.
Gladys Peter, 519 Marvick, Story City,Iowa,also spoke in opposition to this project. Ms.Peter
asked how paving/curb/gutter affects a property. Paul Wiegand explained that it is the opinion
of the City Assessor that the value of the property increases with those improvements.Ms.Peter
advised that the proposed special assessment on her property for this project is $14,837.84,
which is 23% over and above the 2000 assessment. There is also a special assessment from the
High Avenue/SE 2"d Paving Project completed in 2001 pending;they have not yet been notified
of the tax amount of that increase.Ms.Peter stated that she also feels the person who will benefit
the most from this project will be Clarence Martin.
Clarence Martin,owner of the properties on the south side of SE Second,stated that he has been
an owner of property in this area for 35 years and has tolerated the mud and dust. He said that
if the people objecting to this project lived or owned property elsewhere in Ames, they would
already be paying taxes for paved streets/curb/gutter.
City Attorney John Klaus informed the City Council that, at this time, these projects cannot
legally be considered as one project; the first project was completed in 2000/01.
There being no one else wishing to speak, the Mayor closed the hearing.
Moved by Goodhue,seconded by Cross,to refer this issue back to staff to arrive at an assessment
formula that limits the assessment to 25% of the total assessed value of the property for those
owners who incurred a special assessment for the High Avenue/SE 2"d Street Paving Project,
the resulting deficiencies to be borne by the petitioners for this Project, and requesting that the
petitioners for this Project sign a Waiver of Assessment Agreement.
Vote on Motion: 5-1. Voting aye: Cross, Goodhue,Hofftnan, Quirmbach, Wirth. Voting nay:
Vegge. Motion declared carried.
HEARING ON 2002/03 ASPHALT RESURFACING PROGRAM AND 2002/03 SEAL COAT
RECONSTRUCTION PROGRAM: Mayor Tedesco opened the public hearing. There being no
one wishing to speak, he closed the hearing.
Moved by Cross, seconded by Wirth,to adopt RESOLUTION NO. 02-286 approving final plans
and specifications and awarding a contract to Manatt's, Inc., of Ames, Iowa, in the amount of
$595,328.65.
Roll Call Vote: 6-0.Resolution declared adopted unanimously,signed by the Mayor,and hereby
made a portion of these minutes.
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