8.3 Order St FeasibilityCITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE
06/07/82
AGENDA SECTION: Administration ORIGINATING DEPARTMENT:
NO. 8 ENGINEERING
ITEM
NO. 3
BY: Dean Boyer
TIME
4:00 1~.1~.
IAPPROVED FOR
AGENDA:
BY:
It is our recommendation that the City Commission initiate the paving improvements
on Cherokee Street from Cloud Street to Republic Street by Commission Action in accor-
dance with KSA 12-6A04, which would require a public hearing on the advisability of the
improvements prior to any work being authorized and allows for a protest to be filed
within 20 days after publication of the resolution authorizing the improvements. This
protest must contain a signature of both 51% or more of the resident owners of record
and the owners of 51% or more of the property within the improvement'district.
This recommendation is in response to Mrs. Lauren Burkhead, I012 Apache,
who appeared at the April 5, 1982 Citizens Forum and suggested a solution
concerning Cherokee Street from Cloud to Republic.
COMMISSION ACTION
MOTION BY
TO:
SECOND BY
CITY OF SALINA
DEAN BOYER, P, E.
CITY ENGINEER
ENGINEERING DEPARTMENT
300 WEST ASH STREET
P. O. BOX 746
SALINA, KANSAS 67401
AREA CODE 913 827.9481
DONALD E, HOFF. P. E,
ASST, CITY ENGINEER
D. W. BASSETT
TRAFFIC ENGINEER
CHEROKEE STREET
Cloud Street to Republic Street
Cherokee Street is classified as a residential street at the
present time. It is and has been the policy of the City of Salina
that we only perform minimum maintenance on an unimproved street.
An unimproved street being defined as one that has never been im-
proved to City standards and the costs thereof assessed against the
property in the benefit district.
There are various surface treatments that would improve the dust
problem, but would be very temporary and thus expensive over a period
of time. In order to provide a long term solution to the current pro-
blems the adjacent property owners are experiencing, this section of
Cherokee must be constructed to the City of Salina's standards.
There are basically two methods this street improvement project
can be initiated. The project can be initiated by petition or the pro-
ject can be initiated by the City Commission. These two methods of
initiating a project are described in detail below.
(A). Project Initiated by Petition
The governing body may find the improvement petition to
be sufficient if it is signed by eno'ugh owners to fulfill any of
these three requirements; (a) a majority of the resident owners
of record of property liable fo~ assessment under the proposal;
(1)
MEMBER . . . KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES
(2)
or (b) the resident owners of record of more than one-half of the
area liable for assessment under the proposal; or (c) the owners
of record (whether resident or not) of more than one-half of the
area liable for assessment under the proposal.
Only those persons who are owners of record at the time of
signing the petition are eligible to sign and the sufficiency of
the petition is determined on that basis. "Resident owners of
record" includes any person who is a record owner of property
within the improvement district and who is a resident of the city,
even though residing outside the improvement district itself.
A public hearing on the advisability of the requested im-
provements may be held to provide an opportunity for persons to
express their views. It is not held for the purpose of taking
a public opinion poll. The question of whether a particular im-
provement should be made is for the governing body to decide.
If the governing body determines the petition to be sufficient
in accordance with K.S.A. 12-6a04, no protests are accepted.
(B). Project Initiated by City Comnission
If the governing body elects to initiate the improvements,
a public hearing must be held on the advisability of any improvement
before any work is authorized. The public hearing provides an
opportunity for persons to express their views concerning the pro-
posed improvements. K.S.A. 12-6a04 specifies the notification
process for the public hearing. The public hearing must culminate
in a resolution by the 'governing body, setting out the findings
and determinations of the governing body of the six points listed
below:
(1) The advisability of the improvement.
(3)
(~) The nature of the ~mprovement.
(3) The estimated cost.
(4) The boundaries of the ~mprovement d~str~ct.
(5) The method of assessment of the costs.
(~) The apportionment of the cost, ~f an~, between the
district and the ci, ty at large.'
When the proposed improvement is initiated by governing
body action, the improvement shall not be commenced, if protests
signed by both 51% or more of the resident owners of record of
property within the improvement district and the owners of more
than half of the total area of such district are filed with the
city clerk withing 20 days after publication of the resolution
authorizing the improvements (K.S.A. 12-6a06).
The residents whose properties abut Cherokee Street also
have the option of filing a petition with the City Commission re-
questing that this street be vacated from Cloud Street to Republic
Street. All lots abutting this section of street presently have
direct access to other streets. If the street were vacated, the
street right-of-way would revert to the adjacent property owners
in accordance with the provisions of K.S.A. 13-443.
Attached is a preliminary copy of the improvement district
map. All the property shown within the limits of the improvement
district is subject to special assessments for the improvement of
Cherokee Street.
The assessments for the above improvements, in either method
of initiation, are levied as special taxes against the property con-
currently with the general property taxes. These assessments are
payable in ten (10) annual installments.
R~PUBLIC STREET
GI. DUD STREET