Agenda - Council - 03/09/1993 - Laserfiche WebLink

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SCOPE & INTRODUCTION The purpose of this study is to determine the feasibility and associated costs for providing a bituminous street to serve the segment of Bison Street N.W. between County Road #63 (173rd Avenue N.W.) and the north line of the Trott Brook Ridge subdivision. Since 1989, three previous feasibility studies have been prepared for this work. However, this project has not proceeded to construction. Some elements of this project are controversial and a discussion of these issues are presented later in this study. It is for that reason that this feasibility study is being prepared as two separate projects which may be constructed concurrently or independently of each other. The project lies within the Northwest Quarter of Section 9, and the parcels benefitting from each project are identified in Exhibit A and B, respectively. A public hearing on a feasibility study dated January, 1993 was conducted on February. 9, 1993 and City Council directed that Project g92-23 be modified in scope. These modifications were made in a revised feasibility study dated February 16, 1993 and discussed at a reconvened public hearing on February 23, 1993. At the public hearing on February 23, 1993, testimony indicated that parcels 3 and 4 of Project g92-20 had been combined, which would result in one fewer assessable property on Project ~92-20. This revision of the feasibility study has modified Table 4 to reflect this change. It was also directed by City Council that the scope of the project be modified to include the land acquisition, but not the installation of the necessary fight-of-way to complete Project g92-23 as a through street sometime in the future after the existing land owners no longer reside on the property. This revised feasibility study will once again be subject to a reconvened public hearing on March 9, 1993. EXISTING CONDITIONS The present street consists of a rural street section with a gravel and sand surface approximately 21 - 26 feet in width. The depth of the gravel surface was found to be between zero to three inches. The history of the road fight-of-way is somewhat involved. In 1966, the roadway was intended to run along the common border of two properties which occupied the entire north/south distance between County Road #63 and the half section line of Section 9. At that time, each propertT owner conveyed an easement to the other for access purposes from County Road #63 to the half section line of Section 9. As parcels were created from these original two, the City began maintaining the existing roadway. Since no formal deed was given to the City, its fight-of-way claim is based upon State Statute 160.05(1) which deems streets to be public after six years of maintenance. The City thus has a claim of two rods (or 33 feet) from the centerline of actual use. Nonetheless, both Anderson Estates and Dellwood Hills subdivisions have subsequently dedicated 33 feet of fight-of- way along the boundary between the original two properties which initially established the road. In addition, the City entered into a stipulation in June 1982 with Leonard and Lorraine Hinton, the property owners, at that time, of parcels one and two of Project g92-20 to place the roadway in its originally intended location when it became paved. The actual location of the roadway lies as much as 25 feet outside the intended right-of-way at County Road #63 and returns within the intended fight-of-way by the time it reaches the intersection with 171st Avenue N.W. PROPOSED IMPROVEMENTS It is proposed to regrade to return the roadway to the center of its intended right-of-way north of 171st Avenue N.W. It is proposed to provide a 24 foot wide bituminous roadway with a four foot gravel shoulder and a two foot deep drainage ditch on each side. While this does not meet the suburban standard of a 30 foot roadway with a bituminous curb, it does provide a minimum cost solution to paving this street and it is consistent with the road section in adjacent Golden Eagle