Title
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REIMBURSE THE FIRST CONGREGATIONAL CHURCH OF HUDSON FOR EXPENSES ASSOCIATED WITH THE REPAIR OF STORM WATER INFRASTRUCTURE.
Brief Description: The Church is requesting the City reimburse the repair costs for storm water project expenses as described within the staff report.
Body
Legislative History
Res. No. 15-25 - Established a Formal Storm Water Policy (3-3-15)
File No. 21-0108 - Discussion of 2015 policy and potential amendments (12-14-21)
File No. 22-0049 - Discussion and recommendation amending 2015 policy in its entirety (Ad Hoc Comm.)
Res. No. 22-80 - Amended the 2015 policy in its entirety and replaced with amended version (7-19-22)
Purpose & Explanation
In early winter of 2022, sections of an existing storm water sewer pipe running through a portion of the First Congregational Church property began to show failure with several sink holes observed by the Church staff. This was a private storm system and no easements to the City were found for this existing storm line from Baldwin to N. Main St., across multiple properties draining a large watershed in the Baldwin and College St. area of Western Reserve Academy. At that time of the repair, under Resolution # 15-25, the City’s storm water policy allowed staff to work on private property but only if under certain conditions were met and at the property owner’s expense. As such, the Church contracted-out the necessary repairs on their portion of the storm pipe. The City worked with the Church to ensure the repairs were completed correctly and the Church was advised to submit the project expense receipts to the City for reimbursement review, and we would take to Council for review. In the past year, the City developed and implemented a “private property” storm water policy under Resolution # 22-80, for situations like this case. The Church is requesting the City reimburse the repair costs for the project expenses as described below.
The section of storm water pipe crossing the Congregational Church property and repaired by the Church is part of a much longer run of pipe that flows south from Baldwin Street southwest to North Main Street (See attached).
The project meets the current private storm water policy for private property work as detailed below. Staff further recommends the entire length of the existing pipe be placed in a City storm water easement (see attached) for future maintenance by the City. Staff will bring the easement recommendation back to Council for formal approval later in 2023 after we have discussed with the other property owners.
1A. Public Nuisance & Public Benefit: The City Manager (or a designee thereof) identifies and deems that the private property drainage issue is a public nuisance due to potentially unhealthy or unsafe conditions and by implementing private property improvements, there is a benefit to the storm water system and to the health, safety, and/or welfare of the City and/or its residents; and
1B. Reduces Flood Risk: An improvement would create measurable flood reduction and/or flood protection to residential houses, accessory buildings and/or other flood reduction; and
1C. Drainage Area: The private property’s drainage situation contributes to a watershed drainage area that consists of between 5 acres and 300 acres (as determined by the City Engineer); and
3. Exceeds Resident Capacity to Resolve: The pipe size flowing to the property is larger than 18” in diameter or there are other conditions that exceed the property owner’s ability to resolve the situation, as determined by the City Engineer; and/or
5. Outdated Design/Condition of Storm System: The drainage system is negatively impacted due to a previously approved design that causes or contributes the problem as determined by the City Engineer; and/or
Reimbursement to the First Congregational Church will take place after the necessary easement is obtained and recorded.
Legal Authority for Proposed Legislation
Pursuant to Charter Section 6.04, Contracts & Purchasing:
Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])
Joint or Cooperative Purchase Program
Professional Services
X Emergency storm water work reimbursement
Fiscal Impact
Currently Budgeted (Account #, $)
X Supplemental Appropriation Required (Private Storm Account #-504-5950-52552 - $8,387.12)
Appropriation Not Required
Does this legislation require use of an emergency clause?
Yes [if so, explain why]
X No
Recommendation
Suggested Action
Staff recommends City Council authorize the City Manager to reimburse the First Congregation Church of Hudson in the amount of $8,387.12 based on our evaluation of the work for storm water infrastructure repairs.
Submitted by,
Thomas J. Sheridan, City Manager
Frank J. Comeriato, Jr., Asst. City Manager-Operations
Brad Kosco, City Engineer