Memorandum

City of Lawrence

TO:	Mayor and City Commissioners
FROM:	David L. Corliss,  Interim City Manager
CC:	Debbie Van Saun, Assistant City Manager Chuck Soules, Director of Public Works
Date:	May 11, 2006
RE:	Stoneridge Benefit District South of West 6^th Street

When the City Commission conducted the public hearing on the special assessment benefit district for the improvement of Stoneridge Drive south of West 6^th Street,  Ms.  Chris Collister, the property owner of the tract of property to the west of Stoneridge Drive, was not properly notified pursuant to City policies requiring that property owners receive a letter advising them of the pending hearing. 

I have spoken with Ms. Collister about the City’s failure to adequately notify her, apologized for this error, and offered her an opportunity to address her concerns to the Commission.  Ms. Collister, City staff and the area developer and his representative have previously met on this project and discussed the timing of the project, deferral of the special assessments, and the procedures for compensation for right-of-way acquisition. After our phone conversation I assisted Ms. Collister in filing a formal protest for the special assessment benefit district.  Pursuant to special assessment law, her protest fails because she is not a resident owner (does not reside within the City of Lawrence) and because she does not own 51% or more of the property within the benefit district. In my phone conversation, Ms. Collister indicated objections that the benefit district was based on front footage and not the area of the benefit district.  Staff recommends front footage for these types of street because it is consistent in its application whereas the area of the benefit district is typically determined by property ownership boundaries which are unlikely to reflect the limits of benefiting property.  The Commission can alter the benefit district method of assessment if it so chooses.

Ms. Collister also indicated that she would like to confirm that the City plans to defer special assessments on her property until the property is developed.  The City has already indicated that it will do so for the special assessments for George Williams Way and City staff recommends that deferral for special assessments for Stoneridge Drive will also be appropriate.  Staff plans to prepare a document which will run with Ms. Collister’s property indicating that both special assessments (George Williams Way and Stoneridge) will be deferred until the property is rezoned to uses other than the existing single family residence.

I have taken additional administrative steps to ensure that proper notification occurs for benefit district hearings pursuant to the City’s policies.