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Background: <br />Improvement Project 08 -31 consists of the bituminous paving of Chameleon Street <br />between 173` Ave (former CR 6) and 176th Lane in the Shawn Acres subdivision. The <br />improvements include grading and bituminous paving of a 28 foot wide roadway in the <br />center of the 66 foot right of way. The pavement section will consist of four inches of <br />class 5 granular base, two inches of bituminous base course, and 1.5 inches of bituminous <br />wear course. This project will also grade ditches alongside the roadway and cause the <br />pavement runoff to discharge into the drainage and utility easements originally dedicated <br />on the plat of this subdivision. <br />A public hearing was held on this project on November 10, 2008. A sixty day period <br />following this hearing is required prior to authorization of this project to allow an <br />opportunity for petitioning against the project. A petition signed by eleven of the 21 <br />benefitted property owners opposing the project was received on January 5, 2009. <br />However, one property is owned by a three party trust and a different owner has signed <br />the petition against the project than initially signed the original petition for the <br />improvements. Staff is consulting with the City Attorney to determine whether this <br />opposition petition is valid and adequate for disallowing the authorization of this project. <br />If it is determined that the above petition is valid for disallowing the authorization of this <br />project, the City Charter requires that the initial petitioners for the project be advised of <br />the receipt of this petition. The Charter also provides for a thirty day period from receipt <br />of the petition be allowed for properties in favor of the project to submit a counter <br />petition in favor of the project have more signatures than the. number against the <br />improvement. <br />Recommendation: <br />CONSIDER IMPROVEMENT PROJECT #08 -31 <br />BITUMINOUS PAVING OF CHAMELEON STREET IN THE <br />SHAWN ACRES SUBDIVISION <br />By: Steven J. Jankowski, City Engineer <br />CASE # 6 <br />Staff recommends that the Council accept the petition and certify the number of valid <br />signatures per the advice of the City Attorney and allow for thirty day period ending <br />January 30, 2009 for the receipt of a counter petition. <br />Action: <br />Motion to accept the petition against IP 08 -31 and allow for thirty day period ending <br />January 30, 2009 for the receipt of a counter petition. <br />-269— <br />