Memorandum

City of Lawrence

Legal Services Department

TO:	David Corliss, City Manager Toni Ramirez Wheeler, Director of Legal Services
FROM:	John Jay Miller, Staff Attorney
CC:	Diane Stoddard, Assistant City Manager Cynthia Boecker, Assistant City Manager Roger Zalneraitis, Economic Development Coordinator/Planner Charles Soules, Director of Public Works
Date:	October 14, 2008
RE:	Resolution Making Findings and Determinations for the Bauer Farm Improvement District (PW Project No. 30-CP9-1207(P))

Please include the following item on the City Commission agenda for consideration at the October 14, 2008 meeting.

On September 23, 2008, the City Commission received a petition to establish an improvement district for the construction of turn lanes along west bound 6^th Street and turn lane and median improvements along northbound Wakarusa for the benefit of the Bauer Farms development at the northeast corner of Wakarusa and 6^th Street. 

The request from the property owners, Free State Group, LLC and Free State Holdings, Inc. to establish the improvement district is part of the Bauer Farm development proposal.

All property owners to be assessed the costs of the improvements have signed the petition.  One hundred percent (100%) of the costs of the improvements shall be paid by the improvement district.  The estimated cost of the improvements is $800.000.

The City’s development policy (Resolution 5614) requires that when a petition has been filed requesting special assessment financing to install eligible public improvements in newly developed areas that the petitioners/developer provide the City not less than 25% of the estimated engineering costs in either cash or a letter of credit to the City prior to the City incurring any monetary obligation for the engineering work.  The developer is requesting that the City Commission waive that development policy requirement.

The developer is requesting that the City Commission waive the City’s bid procedures for public improvements.  Charter Ordinance 19 and Section 1-304 of Chapter I of the Code of the City of Lawrence allow the City Commission to waive the public bidding process for public improvements.  

Attached for your review are Resolution 6806, the petition requesting the improvement district, a map of the district, and a letter from the developer requesting the City to waive its bid procedure. 

Bond counsel reviewed and approved the resolution.

Action Requested: Receive staff memorandum on the requested Bauer Farm improvement district.  Approve, if appropriate, Resolution 6806 setting out the findings and determinations of the Governing Body and directing the improvements to be completed.  Waive, if appropriate, the City’s public bidding process and development policy requirements.