WHEREAS, the City of Buena Vista has heretofore had policies regulating the construction of public facilities in existing rights of way, and

WHEREAS, the Public Works Committee has reviewed the current policy adopted by City Council on November 9, 1995, and has recommended a revised policy, and

WHEREAS, the City Council has also reviewed the proposed policy.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF BUENA VISTA, that the following Street Opening Policy is hereby approved and the City Manager is authorized to administer the policy in accordance with the provisions provided below:

1. To foster a pro-active approach to this issue, it is suggested that there be a three-tier approach to same:

Definition: “Public Infrastructure Standards”; to include: all costs associated with design, right of way (if such is needed), clearing, grading, sub-grading, paving, curb, gutter, storm water management systems, sidewalks, and/or pedestrian access, water and sewer.

a. Target Areas in the City. Those properties with the highest
Potential for development will be identified. The City will cost share in the development of the public infrastructure starting at a rate not to exceed 50% of total costs.
b. Second Tier Targets. Those properties that have the lower
rate of return for the public dollar invested. The construction of the public services must be done by property owners adjacent to the property, must be done to the Public Infrastructure Standards, and the cost of same will be borne by the adjoining property owners for 100% of the costs. A Second Tier Target area can move to Target Area Status with a petition of at least 75% of the property owners in the affected neighborhood and who are willing to participate in a "Neighborhood Redevelopment Study” for the purpose of designing a layout of property and public infrastructure that is cost effective for all concerned. A “Neighborhood Redevelopment Study” seeks to bring all adjoining property owners and the City together for the purposes of developing Public Infrastructure Systems that have the greatest rate of return for all concerned.
c. Neighborhood Redevelopment Plan

WHAT IS THE PURPOSE: A joint effort between the city and property owners to better utilize property for the efficient delivery and essential services and the betterment of the economic health of the city and the property owners.

HOW TO QUALIFY: Property owners, who are willing to commit to upfront design, curb, legal costs, engineering costs, in the non-targeted area, may apply.

WHAT’S INVOLVED:
1. Neighborhood must be identified as a non-targeted area
2. Preliminary Engineering Report
A. Layout of lots
B. Layout of roads, sidewalks
C. Stormwater System
D. Water and Sewer System
E. Service Alleys (or something compatible, e.g. sanitation, power lines, etc.)

WHAT SHOULD COME OUT OF THE PROCESS:
· Each property owner should retain property of similar economic value as to what they had before
· Each property owner now has more of a stake in participating in cost of development of public utilities
· City participation up to the 50% level
· Better delivery of services

WHAT ARE THE BENEFITS:
Design orientation that is more compatible with the land, neighborhood development, service delivery and accessibility. Sewer, water and roads are main public utility investments.

2. The clearinghouse for these matters shall be the
Community Development Office. Prior to any permit being issued for building on non-constructed streets, Public Works (to include streets and utilities), Planning, and Building Inspection shall sign off on same as to what improvements and to whom the responsibilities for each lies.