Agenda - Council - 05/25/1993 - Laserfiche WebLink

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CASE # 3 IMPROVEMENT PROJECT g92-20; PAVING By: Steven Jankowski, City Background: or BISON STRV. ET N.W. Engineer tt.~,t~clcot (t. ~[~.o) ~ The regrading and bituminous paving of Bison Street N.W. was considered by the City Council at a public hearing held on February 9, 1993. The improvement was considered as two separate projects with the above project having the public hearing closed on February 9, 1993 and the southern project having its public hearing reconvened two more times before it was finally closed on March 9, 1993. The southern project could not be pursued further because of a lack of consensus on its definition. On April 13, 1993, the project was authorized to proceed, having passed the sixty day (60) comment period without receiving a petition in opposition to the project. ' On April 27, 1993, the City received a petition against proceeding with the project, signed by three of the six property owners identified as benefitted property owners in the accepted project feasibility study. Since the receipt of this petition, City work on the project has been temporarily suspended. After reviewing this with the City Attorney, it has been concluded' that the petition received cannot stop the improvement project pursuant to Municipal Statute 4.60.05 for two reasons. First, the petition was received beyond the specified sixty day (60) period and second, the petition has not been signed by greater than 50% of the benefitted property owners. Nonetheless, a petition by 50 percent of the property owners has been presented to the Council asking to stop the project and the Council does have the ability to proceed or terminate the project. It is a City goal to eliminate the remaining 6.4 miles of unpaved streets within the City as they represent a City maintenance expense which is-significantly higher than paved roadways. The decision on whether to continue this project is one which needs to consider the significant financial impact on a small group of property owners in relation to the broader goal of reducing and eliminating unpaved streets. The Road and Bridge Committee met on May 11, 1993 to consider this issue and made a recommendation to continue the improvement project. Recommendation: It is the recommendation of Staff and the Road and Bridge Committee that City Staff pursue the completion of Improvement Project ~)2-20. Council Action: Motion to direct City Staff to pursue/terminate Improvement Project ~92-20. Reviewed by: City Engineer City Administrator Project Manager City Attorney CC: 05/25/93