Agenda Packets - 2005/05/09 - Laserfiche WebLink

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property owners proposed to be assessed for such improvement at least equal in number to those who signed the petition against the improvement; in which event the Council may disregard the petition against the improvement.” Also, per subdivision 4 of Section 8.04 of the City Charter, “When a proposed improvement is disallowed under the foregoing subdivisions, the Council shall not vote on the same improvement within a period of one year after the public hearing on said improvement. “ The petition also contains the statement that “we are also opposed to the “Spring Creek Pond” project proposed within these same boundary and which would disrupt the natural wetlands of Spring Creek.” In accordance with the Charter section 8.02, the “Spring Creek Pond” project is not considered a local improvement project due to the fact it is not being assessed. Section 8.02. Effective Charter Provisions. Local improvements (the term "local improvement" shall mean a public improvement financed partly or wholly from special assessments) shall be carried out exclusively under the provisions of this Charter. The petition statement regarding the proposed Spring Creek Regional Water Quality Pond may be considered advisory to the Council at this time. The project is not proposed to be assessed and therefore is not covered by the process outlined for petition in Chapter 8 of the Charter. A public hearing has not yet been held on the proposed Spring Creek pond project and the boundaries that the project serves are different than the 2005 street improvement project. Similarly, the Council has an option of moving forward with the street improvements if no assessments were involved. Staff is opposed to this option due broad opposition expressed by the petition, financial reasons and the fact that it would be in violation of the current policy that calls for the assessment of 25% of the cost of improvement projects to benefiting property owners. Recommendation: It is recommended that the City Council adopt the attached Resolution 6520 approving the sufficiency of petition in opposition to the 2005 Street Improvement Project, ending project consideration as proposed. Further, that the Council proceed in discussion and development of community standards and a process for a street improvement program prior developing any future projects.