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Public Works Committee 5. 1. Meeting Date: 12/18/2018 By: Bruce Westby, Engineering/Public Works Title: Consider Recommendation to City Council to Accept Petition Opposing Improvement Project #19-02, Brookview Estates Street Reconstructions Purpose/Background: Purpose: The purpose of this case is to consider providing a recommendation to City Council to accept a petition opposing Improvement Project #19-02, Brookview Estates Street Reconstructions. Background: City Improvement Project No. 19-02 proposes to reconstruct streets within the Brookview Estates neighborhood including 173rd Avenue and Germanium Street. The streets total approximately 2,662 linear feet (0.50 miles) in length. A map showing the location of the project is attached. A map showing the scope of the proposed improvements is included in the attached Feasibility Report as Figure 1 of Appendix A. The engineer's opinion of probable costs for completing the proposed improvements as summarized in Appendix B of the Feasibility Report is $502,555.46. Estimated costs include 5-percent contingency costs plus 23-percent indirect costs for administrative, engineering, finance and legal costs. Per the Feasibility Report, twenty-one (21) properties are considered to benefit from the improvements and Staff recommended applying 25-percent of eligible project costs equally across the 21 assessable properties using the "per lot" assessment method. Eligible project costs include everything except subgrade corrections and guardrail modification costs. This resulted in a proposed preliminary assessment rate of $4,418.30 per assessable parcel. Following the Public Hearing on November 13th, the property owner at 17230 Germanium Street requested a petition template to use in gathering signatures in opposition to this Council initiated improvement project as provided by Section 8.4.5 of the City Charter. A copy of Chapter 8 of the City Charter is attached. On November 15th, Staff provided a copy of the petition template to the property owner with instructions to modify the top of the petition to define the project and to note what the petition specifically opposes. This property owner did attend the neighborhood information meeting held on November 8, 2018 where Staff explained the proposed improvements and assessments in detail and gathered public input on the project. On December 3rd, the property owner delivered a petition with 15 signatures on it to City Staff but Staff rejected it noting that the top of the petition had no clarifying language on it leading to concerns that the petitioners might not have understood what they were signing. Based on comments Staff received from several property owners while the petition was being circulated, Staff had concerns that this might indeed be the case. City Staff then contacted the City Attorney to seek further direction on petition language and process requirements. On December 4th, Staff provided clarifying comments to the property owner circulating the petition based on the City Attorney's comments. On December loth, the property owner submitted a revised petition to City Staff. This petition had a page attached