CITY COMMISSION AGENDA ITEM |
Department: |
Municipal Services & Operations |
Commission Meeting Date: December 4, 2018 |
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Staff Contact: |
Charles F. Soules, Assistant Director of MSO |
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Recommendations/Options/Action Requested: |
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Pending commission consideration and discussion, if appropriate, make a determination that the protest petitions submitted are insufficient. |
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Executive Summary: |
On October 2, 2018, the City Commission held a public hearing for the establishment of a benefit district for the consideration of Queens Road, from 6th Street to Eisenhower Drive, and improvements to the intersection at 6th Street and Queens Road.
After public comment and discussion, the City Commission adopted Resolution No. 7267, establishing the benefit districts and ordering the improvements to be made.
Resolution No. 7267 becomes effective upon publication once in the official City newspaper, provided the improvements shall not have commenced if, within 20 days after publication of the resolution ordering the improvement, written protests signed by both fifty-one percent (51%) or more of the resident owners of record of property within the improvement district and the owners of record of more than half of the total area of such improvement district are filed with the City Clerk.
Resolution No. 7267 was published on October 23, 2018, and the attached protest petitions were received on November 12, 2018.
Staff has reviewed the petitions and have found:
In order to be sufficient, the protest petitions must be signed by both fifty-one percent (51%) or more of: · The resident owners of record of the property within the improvement district; and · The owners of record of more than half of the total area of such improvement district.
Owners of only nineteen percent (19%) of the total area signed the protest petition for the improvements to the intersection at 6th Street and Queens Road.
Owners of only twenty-one percent (21%) of the total area signed the protest petition for the construction of Queens Road.
Based on this information, staff recommends that the City Commission finds the petitions to be insufficient.
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Strategic Plan Critical Success Factor |
Innovative Infrastructure and Asset Management Core Services |
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Fiscal Impact (Amount/Source): |
There is no fiscal impact to the City |
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Attachments: |
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Previous Agenda Reports: |
June 6, 2017 Regular Agenda #1 Conduct public hearing regarding a benefit district for 6th Street and Queens Road and consider adopting Resolution No. 7209, establishing the benefit district and ordering the improvements to the intersection of 6th Street and Queens Road. Staff Memo & Attachments
May 1, 2018, Regular Agenda #2 Provide direction on the formation of a benefit district for Queens Road and the signalization of the intersection of 6th Street and Queens Road. Direct staff to begin annexation of 1677 E. 1000 Road. Annexation Request Staff Memo
September 4, 2018, Regular Agenda #3 Adopt Resolution No. 7263, establishing October 2, 2018 as the public hearing date for the formation of a benefit district for the construction of Queen’s Road and the formation of a benefit district for the signalization of 6th Street and Queen’s Road, if appropriate. Staff Memo & Attachments
October 2, 2018, Regular Agenda #2 Conduct public hearing and adopt Resolution No. 7267, establishing the benefit districts and ordering the improvements to be completed, if appropriate. Staff Memo & Attachments
November 6, 2018, Consent Agenda #15 Approve statement of maximum costs, assessment roll, and notice of Public Hearing. Establish December 4, 2018, as the date of the Public Hearing for the purpose of hearing written and oral objections to the maximum amount of special assessments to be levied against properties in the Queens Road benefit district and the 6th and Queens Road intersection benefit district. Adopt on first reading, Ordinance No. 9607, levying the assessments. Staff Memo & Attachments |
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Reviewed By: (for CMO use only) |
☐TM ☐DS ☐CT ☒BM |