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2009_0817_Packet
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2009_0817_Packet
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l�'�, <br />Jy <br />REQUEST FOR COUNCIL ACTION <br />Department Approval <br />�-. <br />Date: 8/17/09 <br />Item No.: 13.a <br />City Manager Approval <br />� / <br />Item Description: Discuss Sidewalk Request for Dale Street North of County Road C <br />BACKGROUND <br />The City received a petition on October 7, 2008 signed by a number of residents adjacent to Dale <br />St. north of County Road C and the surrounding neighborhoods encouraging the city to install a <br />sidewalk or pathway adjacent to Dale St. from County Road C to south Owasso Slvd. Staff <br />corresponded with the Hadlich's of 2782 Dale St. who had assisted with distributing the petition <br />to the neighborhoods that the city did not have a funding source for new trails and sidewalks and <br />the potential for a reconstruction of Dale St. in the roadway Capital Improvement Plan. We also <br />communicated the city's current assessment policy does not support assessing for sidewalk and <br />pathway's. <br />The Hadlich's approached the Council in July and requested additional discussion of their <br />request and consideration of the potential to assess the construction of the sidewalk or trail. <br />Staff has done additional research on assessment laws and revisited the current pavement <br />condition on Dale St. for this discussion. We also are providing a summary of the city's <br />assessment policy for this discussion. <br />According to the City Attorney the city can assess this type of project per Chapter 429 of State <br />Statute despite the language in the current policy. The Council has the ability to change the <br />policy or to vary from it for a particular project. The requirement for petition for a project is at <br />least 35% of the property owners. If 100 percent of the affected owners sign a petition they can <br />waive the public hearing requirement. The petition must state this waiver. We also discussed <br />area wide assessments versus only adjacent properties. Assessments must be based on benefit to <br />the value of the assessed property. It is difficult to prove benefit on small local projects for area <br />wide assessment. <br />We have done additional field condition surveys as a part of our ongoing Pavement Management <br />Program on Dale Street and on Victoria St. south of County Road S. Soth are in our five year <br />CIP for reconstruction. Originally we had slated Victoria for reconstruction prior to Dale St. Due <br />to more extensive recent maintenance requirements we now recommend Dale St. to be <br />reconstructed first. Dale St. pavements are now in marginal condition. As we are funding the <br />reconstruction of Roselawn Ave. with 2009 and 2010 allotments of MSA funds we could <br />reconstruct Dale St. in 2011. This would allow staff time to meet with residents to discuss road <br />widths, pathway needs, traffic concerns, and property impacts of a project. This would be the <br />Page 1 of 2 <br />
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