Loading...
HomeMy WebLinkAboutResolutions - 2022-45 - Resolution authorizing the Mayor to execute Administrative Settlements for Project Parcel Numbers 5 and 6 on the Sterling Safe Routes to School project. - 9/6/2022City of East Wenatchee Resolution 2022-45 with Exhibit A &B Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2022-45 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute Administrative Settlements for Project Parcel Numbers 5 and 6 on the Sterling Safe Routes to School project. 1.Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con el vendedor de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884- 9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2.Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3.Authorization. The City Council authorizes the Mayor to execute an administrative settlement that conforms to the terms set forth in Exhibit A. 4.Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5.Effective date. This Resolution becomes effective immediately. Parcel No. 5 Roper/Pitts ASM.docx CITY OF EAST WENATCHEE ADMINISTRATIVE SETTLEMENT MEMO M E M O R A N D U M Date: 9/1/2022 To: Jerrilea Crawford, Mayor, City of East Wenatchee From: Tiel Fox, Tierra Right of Way Ltd., Right-of-Way Agent Subject: Administrative Settlement Justification Project Title: City of East Wenatchee - Safe Routes to School, Pedestrian Improvements Project Parcel Number: 5 Property Owner: Rita R. Roper, as Personal Representative of the Estate of Barbara L. Pitts, deceased Background: The Safe Routes to School Project will provide improvements along 5th Street NE, from approximately North Grover Place on the West and running to North Kentucky on the East end. This project also includes improvements along North James, North June, North Jonathon, North Keller, and a small section of 8th Street Northeast. Improvements will include curb, gutter, sidewalk, and sidewalk intersection improvements with signaling at various locations. Most work will be completed within the existing right of way. All properties will be subject to a Temporary Construction Easement which is needed primarily to re-establish driveway connections and grade back of sidewalk to each property. All are believed to have minimal impacts and no damages noted. The Administrative Offer Summary for the property was signed 3/2/2022. Proposed for the subject is a 478-sf TCE (478 sf * $8.24 p/sf * 10%/yr / 12mo * 34mo = $1,116.00) located in the vicinity of the driveway. This area is improved with a driveway that is partially gravel and partially concrete. There are also basic landscaping improvements which include lawn, a medium shrub, cyclone fence, and driveway light. It is my understanding that the northern leg of the cyclone fence is in the existing right of way and therefore is not a candidate for compensation. The leg of the fence parallel to the driveway is in the TCE and will be impacted. This fence is 3 feet tall and 20 feet long and has one gate, ($14.53 p/lf * 20’ + $276 for the gate, or $567). The shrub is medium sized and could be replaced with a functional equivalent for $350. There is a small concrete walkway, landscape bed and stretch of concrete curbing. These, including the shrub, will be compensated for in a lumpsum of $750. The main driveway will be replaced in like kind with concrete. Total approved just compensation is $2,500.00 (rounded) I met with Ms. Roper at her residence on 6/16/2022 and presented the offer. The owner expressed concerns regarding her fencing that fell within the ROW. I explained that the survey work performed determined the area of concern fell within the public ROW and was therefore not compensable. Ms. Roper advised she would review the documents and was not satisfied with the amount of the offer. I was advised by Melinda Burkhart that she had spoken to Ms. Roper on 9/1/2022 and she shared that due to the project deadline, we will be offering her a signing incentive of an additional $500.00. Exhibit A Parcel No. 5 Roper/Pitts ASM.docx Recap: City’s Offer Total with 20% Incentive TCE: $1,116.00 $1,116.00 Improvements: Lawn, landscape, concrete curbing, medium shrub, and concrete walk $1,317.00 $500.00 $1,317.00 Total: $2,500.00 (rnd) $3,000.00 (rnd) Justification: Review of the project goals and timeline, especially considering the deadline for the project’s acquisitions to pass the WSDOT agency certification review process, which is essential for the project to be awarded a substantial dollar amount of additional project funding, justifies the addition of the signing incentive settlement with additional negotiation or property value research and documentation. Approved Compensation (offer): $2,500.00 Administrative Increase: $500.00 Total Payment: $3,000.00 Conclusion: The project will incur increased costs for continued negotiation, re-evaluation, and/or surveys should the incentive not be approved. In addition, the project runs the risk of losing a large amount of additional funding being awarded due to the high likelihood of missing the deadline requirements for completing the agency certification process. For all the reasons stated above, the proposed settlement represents a reduced risk than continued negotiations. We recommend the City of East Wenatchee approve the amount we propose to offer Ms. Roper. Tiel Fox Tierra Right of Way Services, Right-of-Way Agent Date: September 1, 2022 Melinda Burkhart Tierra Right of Way Services, Project Manager Date: September 1, 2022 Administrative Settlement Approved: _____________________________________ Date Jerrilea Crawford Mayor, City of East Wenatchee cc: File Exhibit A Parcel No. 6 Goforth ASM.docx CITY OF EAST WENATCHEE ADMINISTRATIVE SETTLEMENT MEMO M E M O R A N D U M Date: 8/24/2022 To: Jerrilea Crawford, Mayor, City of East Wenatchee From: Tiel Fox, Tierra Right of Way Ltd., Right-of-Way Agent Subject: Administrative Settlement Justification Project: Title: East Wenatchee - Safe Routes to School, Pedestrian Improvements Project Parcel Number: 6 Property Owner: Jeremy Goforth Background: The Safe Routes to School Project will provide improvements along 5th Street NE, from approximately North Grover Place on the West and running to North Kentucky on the East end. This project also includes improvements along North James, North June, North Jonathon, North Keller, and a small section of 8th Street Northeast. Improvements will include curb, gutter, sidewalk, and sidewalk intersection improvements with signaling at various locations. Most work will be completed within the existing right of way. All properties will be subject to a Temporary Construction Easement which is needed primarily to re-establish driveway connections and grade back of sidewalk to each property. All are believed to have minimal impacts and no damages noted. The Administrative Offer Summary for the property was signed 3/2/2022. Proposed for the subject is a 1,100-sf TCE (1,100 sf * $11.48 p/sf * 10%/yr / 12mo * 34mo = $3,578.00) located along the entire 5th Street NE frontage. The area is improved with a gravel driveway and lawn. The gravel driveway falls within the TCE and will be replaced in kind. The lawn area measures approximately 900 sf. and will be damaged because of the project which must be compensated. Lawn is valued at $0.75 p/sf (900 sf @ $0.75/sf = $675.00). Total approved just compensation is $4,300.00 (rounded) I met with Jeremy Goforth at his residence on 7/26/2022 and presented the offer. The owner expressed concerns regarding his landscaping and a portion of his irrigation system that fell within the ROW. I explained that the survey work performed determined the area of concern fell within the public ROW and was therefore not compensable. Mr. Goforth advised he would review the documents and was not satisfied with the amount of the offer. I was advised by Melinda Burkhart that she had spoken to Mr. Goforth on 8/22/2022, and he is counteroffering at a land value of $14.75 / sf based on his belief that his parcel is more valuable than had been determined by the data in the AOS. Mr. Goforth was adamant that the approved amount for compensation was not sufficient to compensate him for his loss and used the values of the comparable sales detailed within the AOS as justification for the amount being requested. Mr. Goforth is asking his TCE be valued at $14.75/sf, or (1,100 sf * $14.75 p/sf * 10%/yr / 12mo * 34mo = $4,597.00). He is not asking for an increase in improvement value, which will remain $675.00 for 900 sf of lawn. Exhibit B Parcel No. 6 Goforth ASM.docx Recap: City’s Offer Counteroffer Settlement Increase $ TCE: $3,578.00 $4,597.00 $4,597.00 $1019.00 Improvements: Lawn 900 sf / $0.75 $675.00 $675.00 $675.00 $0.00 Total: $4,300.00 (rnd) $5,272.00 $5,300.00 (rnd) $1,000.00 Justification: Review of the data supports the higher end of the AOS’s comparable sales’ unit prices ($18.76- $11.41 / sf). It is reasonable to use the sales contained within the report to reach a settlement without an additional value report. The appreciating market in the area does support the owner’s request for additional consideration for the 34-month TCE on the land. (2021 to 2022 was a 10% year over year increase according to Douglas County Assessor’s records.) Approved Compensation (offer): $4,300.00 Administrative Increase: $1,000.00 Total Payment: $5,300.00 Conclusion: The 2020-2022 comparable sales range from $11.41-$18.76 per/sf. An increased land value is reasonable and justifiable. Increased assessed values also support the steady incline. The proposed settlement is less than this growing market trend. The project will incur increased costs for continued negotiation, re-evaluation, and/or surveys should the agreement not be approved. For all the reasons stated above, the proposed settlement represents a reduced risk than continued negotiations. I recommend the City of East Wenatchee approves the amount being requested by Mr. Goforth. Tiel Fox Tierra Right of Way Services, Right-of-Way Agent Date August 24, 2022 Melinda Burkhart Tierra Right of Way Services, Project Manager Date August 24, 2022 Administrative Settlement Approved: _____________________________________ Date Jerrilea Crawford Mayor, City of East Wenatchee cc: File Exhibit B