The board opened a workshop discussion after receiving a petition from owners in Oakland View Estates requesting city action to complete streets and drainage improvements in the subdivision.
City attorney John Cleveland summarized the statutory procedure and recommended that the city place a resolution on the December 1 meeting agenda to begin the formal process. He said the petition had been signed by owners representing about 85% of the improved properties and that, under the applicable statute, the city must schedule a public hearing between 30 and 45 days after receiving the petition and send notice to property owners. Under the statutory process described by counsel, only property owners (including the developer as a property owner) may speak at the initial hearing; after that portion concludes the board may amend, adopt or reject the proposed special assessment terms and vote for final approval at the same meeting.
Staff and counsel discussed several options for structuring the assessment: apportion costs among lots that have not been sold, apportion among all lots, have the city assume a portion of the increased pavement depth cost, or amortize the special assessment with interest or at 0% interest. The attorney recommended that the city draft a resolution that lays out the desired approach and items such as whether interest will be charged and whether unsold lots carry the assessment. The board directed staff to draft the resolution and scheduled the required public hearing and first reading for the December 1 meeting; the attorney said he will circulate a draft to commissioners for review before that date.
Board members also discussed practical questions: whether the city can pave the roads and then adopt them as city streets if the developer refuses to convey them, how a recorded lien or special assessment would attach to unsold lots, and the property‑title implications if the developer does not cooperate. Counsel advised that a recorded resolution can create a lien and that if the city treats the streets as city streets by maintaining them, common‑law dedication could also apply; staff emphasized the desire to protect property owners who have been unable to obtain building permits because the subdivision bond and acceptance process were not completed.
Next steps: staff will circulate a draft resolution, advertise the public hearing and mail notice to affected property owners; the board anticipates first reading/public hearing and second reading/final vote in the single December 1 meeting as prescribed in statute.