6.2 Repeal Ctry Club Est 3 Imp CITY OF SALINA
REQUEST FOR COMMI SS ION ACT ION DATE TIME
05/22/95 z~: O0 P. M.
I'
AGENDA SECT I ON: OR I G I NAT I NG DEPARTMENT: APPROV ED FOR
NO. 6 City Manager AGENDA:
ITEM
NO. 2
BY: Dennis M. Kissinger BY:
Item: Resolution No. 95-4873
Repealing Resolutions 95-4838 and 95-4844 as well as all other actions of the Salina City Commission related
to Petition Number 4093 for public improvements, streets and utilities in Country Club Estates Addition No.
3.
This project, commonly known as the Eastborough Extension project, was first initiated by a Petition of
property owners. The petition was submitted requesting public improvements under K.S.A. 12-16a01 et seq.
Based on a staff review of the ownership records for the proposed benefit district, (Lots 6, 7, 8 and 9 of
Block 1, Country Club Estates Addition #3), the City Commission by Resolution determined the petition was
sufficient under K.S.A. 12-6a04. Additional Commission action was taken by Resolution, establishing the
benefit district and authorizing the project, after considering objections from the owners of another property
in the improvement district, as well as concerns expressed by owners of adjacent property not included in the
improvement district.
Since that time, city staff work has continued for the purpose of ensuring the project was in order, and
additional staff reports were being prepared for a final public housing on the special assessments prior to
proceeding with bidding and construction. That research, by City Engineer Don Hoff, has led to discovery of
a problem in the proposed improvement district boundary lines. Since a previous (1967) benefit district when
the area was unplatted overlapped Lot 6 by 24 feet on its north edge, that 24 feet should have been excluded
from this new district. When the 24 feet is excluded, there are no longer enough valid property owner
signatures on the petition to be sufficient under state law. (K.S.A. 12-6a04).
COMMISSION ACTION
MOTION BY SECOND BY
TO:
CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE TIME
05/22/9~ t~: 00 P. M.
AGENDA SECT I ON: OR I G I NAT I NG DEPARTMENT: APPROV ED FOR
AGENDA:
NO. City Manager
NO.
[BY: Dennis M. Kissinger BY:
Page 2
With the petition being found now as insufficient, it is necessary to rescind all subsequent Commission actions.
At that point, it would be up to Haworth Construction Company to determine whether and how they could
begin the process again. If a valid petition is received by early June, new public meetings or heatings could be
held during June, after proper .notice. Other options are also available to the developer.
Recommended Action:
Approve Resolution No. 95-4873
Attachment
COMMISSION ACTION
MOTION BY SECOND BY
TO: