Agenda - Council - 08/11/2009 - Special

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CASE # DISCUSSION ON ACQUISITION OF REQUIRED PROPERTIES RELATED TO IMPROVEMENT PROJECT #08-33, UTE STREET IMPROVEMENTS By: Tim Dimmer, City Engineer Background: On May 27, 2007 a petition was received by the City Council requesting the bituminous paving of Ute Street NW from l79th Lane to a distance approximately 800 feet to the north (terminating at the dead end turn around), and direction at that meeting was to prepare a Feasibility Study. A draft Feasibility Study was prepared and discussed with the residents at an informational meeting held on September 10, 2008, and again with the Public Works Committee on September 16,2008. Concern was expressed by the property owners regarding several elements proposed in the draft Feasibility Study. These concerns focused primarily upon the proposed width of the street and its exact location relative to property lines. On January 24, 2009 a meeting with residents was held on site to discuss issues Of concern, and results of this meeting were presented to the Public Works Committee on February 17, 2009. While the preference from the property owners was for a street no wider than 22 feet, staff and the Public Works Committee agreed that a 24 foot wide roadway with restricted parking on both sides was the minimum acceptable width from a standpoint of public safety. Other recommended changes to the original Feasibility Study included a reduced right of way width, from 50 feet to 30 feet, and additional 10 foot drainage and utility easements on each side of the right of way to provide for snow storage. (A 33 foot right of way was used in the final Feasibility Study to eliminate the problem of creating a 3 foot strip of land separating east side properties from the new right of way). The revised Feasibility Study was presented to Council on April 14, 2009, and the project was ordered on May 26, 2009. Observations: Currently no formal right of way exists across the properties that abut this dirt roadway, only prescriptive rights. Prior to finalizing the plans and specifications it was determined that a right of way plat should be undertaken to memorialize the final right of way needed to complete the improvements. This right of way plat is now completed (attached), and it shows the amount of land proposed to be acquired on each abutting parcel. The project proposes that the cost of necessary easements and right of way, estimated to be approximately $23,000, is to be included as a project cost and apportioned in the same manner as the street cost (50 - 50 split between residents and the City). Preliminary discussions have been conducted with the homeowners relative to allowing a right of access to construct the project while the land and easement acquisitions are negotiated. A detailed breakdown of proposed land and easement costs for each parcel will be available at the meeting for review and discussion. Council Action: Based upon discussion Attachments: Right of Way Plat Reviewed by: . Public Works Director/Principal E:~eer_ 0 CC: 8111/09 (/;CJ .