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l�'�, Jy REQUEST FOR COUNCIL ACTION Department Approval �-. Date: 8/17/09 Item No.: 13.a City Manager Approval � / Item Description: Discuss Sidewalk Request for Dale Street North of County Road C BACKGROUND The City received a petition on October 7, 2008 signed by a number of residents adjacent to Dale St. north of County Road C and the surrounding neighborhoods encouraging the city to install a sidewalk or pathway adjacent to Dale St. from County Road C to south Owasso Slvd. Staff corresponded with the Hadlich's of 2782 Dale St. who had assisted with distributing the petition to the neighborhoods that the city did not have a funding source for new trails and sidewalks and the potential for a reconstruction of Dale St. in the roadway Capital Improvement Plan. We also communicated the city's current assessment policy does not support assessing for sidewalk and pathway's. The Hadlich's approached the Council in July and requested additional discussion of their request and consideration of the potential to assess the construction of the sidewalk or trail. Staff has done additional research on assessment laws and revisited the current pavement condition on Dale St. for this discussion. We also are providing a summary of the city's assessment policy for this discussion. According to the City Attorney the city can assess this type of project per Chapter 429 of State Statute despite the language in the current policy. The Council has the ability to change the policy or to vary from it for a particular project. The requirement for petition for a project is at least 35% of the property owners. If 100 percent of the affected owners sign a petition they can waive the public hearing requirement. The petition must state this waiver. We also discussed area wide assessments versus only adjacent properties. Assessments must be based on benefit to the value of the assessed property. It is difficult to prove benefit on small local projects for area wide assessment. We have done additional field condition surveys as a part of our ongoing Pavement Management Program on Dale Street and on Victoria St. south of County Road S. Soth are in our five year CIP for reconstruction. Originally we had slated Victoria for reconstruction prior to Dale St. Due to more extensive recent maintenance requirements we now recommend Dale St. to be reconstructed first. Dale St. pavements are now in marginal condition. As we are funding the reconstruction of Roselawn Ave. with 2009 and 2010 allotments of MSA funds we could reconstruct Dale St. in 2011. This would allow staff time to meet with residents to discuss road widths, pathway needs, traffic concerns, and property impacts of a project. This would be the Page 1 of 2