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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