Memorandum
City of Lawrence
Department of Public Works
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TO: |
Dave Corliss, Interim City Manager |
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FROM: |
Chuck Soules |
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CC: |
Debbie Van Saun, Terese Gorman, Scott Wagner |
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Date: |
June 14, 2006 |
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RE: |
Stoneridge Drive, South of 6th Street Project No. 15-CP3-406(BD) Benefit District Assessments June 20, 2006 Agenda Item |
Attached is a list of benefit districts that have been established since 2001, and the method of assessment used, i.e. front footage, square footage, etc. The majority of these projects were assessed on a front footage bases. The City has typically assessed straight streets using this method since it is logically the most equitable.
Bond counsel recommends that all property that is adjacent to the street improvement should be included in the benefit district to ensure compliance with generally accepted Kansas legal principles governing special assessments.
The Stoneridge Drive Benefit District is proposed to be assessed using front footage for the following reasons:
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1. |
Stoneridge Drive is a straight street. |
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2. |
The east side and the west side both have equal frontage along the section of Stoneridge that is not complete. |
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3. |
Similar method of assessment used for other streets completed or proposed in the area, i.e. Stoneridge Drive (north of 6th Street), Overland Drive, George Williams Way, Harvard Road (from George Williams Way east). |
Ms. Collister has raised several questions:
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1. |
Can the method of assessment be based on square footage? Yes. While the City has typically used front footage in similar street construction situations, there are examples of using benefit district square footage as the method of assessment. Staff recommends that whether front footage or square footage is the assessment method, the cost of the improvements should be shared 50/50 for each side of the street. The benefit district, as it is identified at this time, has only included one-half of Ms. Collister’s property. The benefit district could be expanded to include more of the Collister property, or be reduced to include an equal square footage of the east side property so that each side would be assessed one-half of the cost of the improvements. Using front footage was the same method of assessment used on George Williams Way. The west half of the Collister tract was included in this benefit district. Similarly, the Diamondhead property on the west side of George Williams Way had additional square footage but was assessed based on their front footage.
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Can the benefit district be expanded to include the already developed properties south of the current described benefit district? Yes, however, City policy has typically been that the adjacent/abutting properties pay for the adjacent/abutting collector street. The development to the south has either already paid directly for the abutting collector street, or is included in a benefit district for the southern portions of Stoneridge. Including additional property which has already paid for their collector street contributions would be a different practice than the City has followed in previous development situations.
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3. |
Response to Ms. Collister’s concerns regarding access to the property. The Kansas Department of Transportation and the City were partners in the recently completed improvements to West 6th Street which required the acquisition of property interests, including access interests, from the Collister tract. According to KDOT, the Collister tract was paid $212,366 for the acquisition and damage to property for the acquisition of 3.6 acres along West 6th Street. This included the acquisition of access interests along West 6th Street. The City will seek to ensure reasonable access to the Collister tract as the improvement to Stoneridge Drive is made. We will involve Ms. Collister in the preparation of plans for the Stoneridge improvement and the construction sequencing to minimize periods of inconvenience during the construction project. |
As was the deferral understanding with Ms. Collister on George Williams Way, it is recommended that the special assessments for this project (Stoneridge Drive) be deferred on the Collister property until the property is ready to develop.
Please let me know if you have any questions.
Respectfully submitted,
Charles F. Soules, P.E.
Director of Public Works
CFS/je