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BISON STREET PAVING By: Steve Jankowski, City Engineer CASE Background: I have been advised that a petition will be circulated for the paving of the portion of Bison Street N.W., north of 171st Avenue. One of the first steps in initiating a public improvement project is for the Council to certify that the proper percentages of parties have signed the petition. Past history associated with previous feasibility studies for this project suggest that several parcels, contiguous to the portion of Bison Street proposed for paving, have had challenges to the issue of whether or not they had been benefitted. Attached is a sketch from the last feasibility study illustrating the parcels in questions. First, Parcel A has a residence which has access onto 173rd Avenue (C.R. #63). The homestead is quite distant from Bison Street, approximately 250 feet, and would not be likely to redirect its driveway onto Bison Street if it were paved. One past feasibility study for this project proposed this parcel be considered benefitted and assessed one-half a share. The most recent feasibility studies, performed in 1993, did not consider this parcel benefitted. I spoke to the City Attorney regarding this issue. He reminded me that in making a determination, Section 729 limits an assessment to the licensed value of the property. Since it is unlikely that this property would increase in value by several thousand dollars as a result of paving, this lot should not be considered benefitted. Parcels 3 and 4 are owned by the same property owner and are both lots of record which would be eligible for a building permit. In previous public hearings, the owner stated he would combine the two lots into a single property if the project were to proceed. The issue here is whether to consider these two parcels as one or two votes and assessments. Parcels 5 and 6 are both parcels in the Dellwood Hills subdivision. The paving of Bison Street was specifically addressed in the development agreement for Dellwood Hills as follows: Bison Street N.W. Improvement. The City has determined that Bison Street Northwest, which is a street providing access to the Plat, needs to be improved, including bituminous surfacing. The City is considering this improvement as a special assessment project. The Developer agrees to make advance payment to the City in the amount of Nine thousand Four Hundred-Thirty-four and 00/I00 Dollars ($9,434.00) which is the City Engineer's estimate of the benefit Lots 1 and 9 of the Plat would receive from the improvement of Bison Street N.W. The City agrees that it will not further assess any of the lots in the Plat for the hard surface improvement of Bison Street N.W. The said $9,434.00 will be deposited with the City prior to recording of the final Plat. I have spoken to the City Attorney regarding this situation and it is his opinion that, despite the limitation on the financial responsibility of these two lots, they would be considered benefitted parcels and therefore eligible to vote. I felt it important to solicit input from the Council at an early stage. The last feasibility study in 1993 underwent three revisions before it was finally adopted by the City Council. As you may be aware, the final adopted feasibility study becomes the basis for the project and its financing. I am attaching the last feasibility study considered for this project for your information. Any suggestions for modifications would be welcome.