Memorandum

City of Lawrence

Public Works

 

TO:

Dave Corliss, Debbie Van Saun

FROM:

Chuck Soules

CC:

Shoeb Uddin, Dena Mezger, John Miller, Toni Wheeler,  David Woosley, Scott Wagner

Date:

August 21, 2007

RE:

George Williams Way Benefit Districts

Public Hearing

 

Please include the following item on the City Commission regular agenda for consideration at the July 24, 2007 meeting:

 

Project History.

April 17, 2007

City Commission approved Mercato plat and accepted right-of-way.

May 15, 2007

Public hearing establishing three benefit districts for GWW.

May 15, 2007

Approved Resolutions 6661, 6663 and 6665 directing the improvements for GWW and intersection at 6th Street.

June 6, 2007

City received protest petition against benefit district south of 6th Street (Resolution 6663).

July 24, 2007

Established public hearing date of August 28, 2007 for formation of a benefit district for improvements at the intersection of 6th Street and George Williams Way, Resolution 6730.

 

Project StatusThe limits of the three benefit districts included:

Resolution 6661

GWW (north) from Overland Drive to north city limits.

Resolution 6663

GWW (south) from Ken Ridge Drive north to 6th Street, including one-half of the intersection improvements (signal and southbound right-turn lane)

Resolution 6665

GWW (north) from 6th Street north to Overland Drive including one-half of the intersection improvements (signal and northbound right-turn lane)

 

The City received a timely protest petition for the benefit district from George Williams Way south to Kenridge Drive. Staff met with a representative of the property owners to discuss a possible solution to their protest and to request a withdrawal of their protest.  An agreement with the property owners could not be reached.  The protest petition has been reviewed by staff and determined to be valid.  Therefore, the south GWW benefit district cannot proceed, and the intersection at 6th Street and GWW cannot be constructed, Resolution 6663.

 

In order to complete the intersection (signalization and turn lanes) we are recommending the formation of a separate benefit district solely for the intersection improvements.  The properties included in this benefit district are shown on the attached map.  These are the same properties that cumulatively would have paid for the intersection improvements originally.  The distribution of costs over these properties is such that no single owner would control the fate of the benefit district and the necessary improvements could be completed.

 

The GWW benefit district north of 6th Street to Overland Drive will be revised to decrease the scope of the improvements and the costs to be assessed.  Bond Counsel advises restructuring can be completed solely with approval of a Resolution (and publication) as we will be reducing the scope of work (removal of intersection improvements).  Staff will work with Bond Counsel on restructuring of the benefit district.

 

Project DescriptionThe project includes the dedicated right-turn lanes on east/west bound 6th Street onto north/south bound George Williams Way, sidewalks,  and signalization. Estimated construction cost is $1,023,000; benefit district map is attached.

 

Project FundingThis improvement is being funded 100% by the benefit district and 0% by the City-at-large.  The benefit district costs are being spread 50% to the north side and 50% to the south side.  This division is similar to the three original benefit districts established. 

 

Additional InformationAttached is correspondence from Diamondhead Development with respect to how the method of assessment was formulated.

 

The City has historically divided intersection improvements 50% east/west and/or 50% north/south, and then spread those apportionments on a square footage basis.

 

More specifically, exclusion of the property on the southeast quadrant is of particular concern for the Diamondhead Development.  When George Williams Way was originally constructed (2005) the City entered into a deferral agreement with the Collister tract allowing assessments to be deferred until the current owner sold/developed the property.  The improvements necessary at this time are needed due to the proposed commercial development of the Diamondhead properties.  The traffic impact study submitted by  Diamondhead Development recommends the additional lanes and signalization of the intersection to serve the traffic generated by this development.

 

Action Requested.  Open public hearing and, pending public comment and City Commission discussion, direct staff to prepare a resolution setting out the findings and determinations of the governing body, and direct staff to make the necessary amendments to Resolutions 6661 and 6665 to reflect the change in scope and costs to be assessed to the benefit districts north of 6th Street.

 

 

Respectfully submitted,

Charles F. Soules, P.E.

Director of Public Works

 

CFS/je

 

AttachmentsDiamondhead Correspondence

                   Map