CITY COMMISSION AGENDA ITEM

Department:

Municipal Services & Operations

Commission Meeting Date:  December 4, 2018

Staff Contact:

Charles F. Soules, Assistant Director of MSO

Recommendations/Options/Action Requested:

Receive protest petitions for the establishment of benefit districts for the construction of Queens Road from 6^th Street to Eisenhower Drive and improvements to the intersection of 6^th Street and Queens Road.

Pending commission consideration and discussion, if appropriate, make a determination that the protest petitions submitted are insufficient.

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 6^th Street to Eisenhower Drive, and improvements to the intersection at 6^th 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:

Benefit District	Number of protest properties	Square footage of protest properties	Total square footage of benefit district properties	Percentage of protesting properties
Queens & 6^th Signal	157 of 511	2,349,518 SF	12,229,874 SF	19%
Queens Road	142 of 396	2,206,124 SF	10,627,408 SF	21%

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 6^th 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.

Strategic Plan Critical Success Factor

Innovative Infrastructure and Asset Management

Core Services

Fiscal Impact (Amount/Source):

There is no fiscal impact to the City

Attachments:

Protest Petitions

Maps

Previous Agenda

Reports:

June 6, 2017 Regular Agenda #1

Conduct public hearing regarding a benefit district for 6^th Street and Queens Road and consider adopting Resolution No. 7209, establishing the benefit district and ordering the improvements to the intersection of 6^th 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 6^th 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 6^th and Queens Road intersection benefit district.   Adopt on first reading, Ordinance No. 9607, levying the assessments.     Staff Memo & Attachments

Reviewed By: (for CMO use only)

☐TM ☐DS ☐CT ☒BM