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County moves to correct notice for Peterson Ranch benefit district after procedural error
Summary
County staff said a public hearing on the Peterson Ranch benefit district was held earlier than the county’s written internal procedures require; commissioners agreed to resend notices and hold a properly noticed hearing so owners can protest.
County staff told commissioners on May 26 that a Peterson Ranch benefit‑district public hearing was held prematurely and did not follow the county’s written procedural steps established in February 2013. Staff recommended reissuing notices and holding a properly noticed hearing so property owners have a full opportunity to protest.
The lede: Riley County Clerk Rich Bartlett and staff described how the county’s procedural checklist for benefit districts—developed with planning, public works and legal in 2013—was not followed: certified mail and publication notices were sent after an initial hearing date instead of before. Staff said the late notices did not prevent property owners from protesting but did not comply with internal policy intended to give full notice to affected landowners who may be asked to pay special assessments.
Why it matters: Benefit districts assess local parcels for project costs; the county’s policy requires multiple notice and hearing steps precisely because assessments create financial obligations for property owners. Staff said certified letters were mailed May 8 and publication ran May 8; under the internal process the board must re‑publish, re‑send certified notice, then wait the statutorily advised period (21 days as described in the county’s procedural checklist) before holding the formal establishment resolution again so financing and temporary borrowing can be finalized.
Commissioners and staff discussed timing and the project timeline; public works indicated bids were ready to be issued and that re‑notice would delay the schedule roughly one month. Commissioners agreed sending new certified mail and republication was the appropriate corrective step; staff said they will schedule the properly noticed hearing and then return to the board with a resolution re‑establishing the district and allowing temporary financing.
Ending: The commission agreed by consensus to reissue notices, republish, allow the protest period to expire, and then bring a resolution to re‑establish the district and proceed with financing and bid advertisement.
