Memorandum

City of Lawrence

TO:	City Manager Mike Wildgen
FROM:	David L. Corliss, Assistant City Manager & Director of Legal Services Charles Soules, Director of Public Works
CC:	Terese Gorman, City Engineer Sandra Day, Planner Rob Ott, KDOT Corridor Management Administrator
Date:	February 3, 2005
RE:	O’Connell and 23^rd Street intersection issues

Background

The City has annexed, rezoned and final platted property on the west side of O’Connell Road south of East 23^rd Street. As part of the platting for this development, a plat note required the installation of an east bound right turn lane on 23^rd Street at O’Connell Road.  The developer has sought permission from the Kansas Department of Transportation (KDOT) for the construction of the east bound right turn lane.  In the analysis of this location, KDOT has placed a higher traffic safety value on the construction of a west bound left turn lane on the 23^rd Street at this location rather than the required east bound right turn lane.  City public works department staff concurs with this judgment.   There is no City requirement at this time for the construction of a west bound left turn lane on 23^rd Street.

The same property owner developing the west side of O’Connell also owns the property immediately at the southeast intersection of O’Connell and 23^rd Street.  The property owner has submitted annexation and other land use requests for this property and is participating in the discussion of the Southeast area plan.  Staff believes that a west bound left turn lane would be a requirement for the development of the east side of O’Connell, however, the timing of such development is unknown.

Recommendations and Options

In discussing this matter with the property owner and KDOT, there is a strong interest on the part of KDOT and staff to install the west bound left turn lane at this time – which is not required by the plat – and place conditions on future development of the east and west side to require the east bound right turn lane. Essentially, staff, KDOT and the property owner are recommending the trading of one public infrastructure requirement for another requirement because of traffic safety priorities.

The attached letter from the property owner summarizes our recommendations for these improvements.

Option 1)  Construct west bound left turn at this time.  This would require the annexation of some KDOT 23^rd Street right-of-way at the place of construction.  A benefit district would be established after annexation.  The developer would pay at this time an amount equal to the cost of the east bound right turn lane (the only currently required public improvement).  The developer has provided a contractor bid of $88,000.  The benefit district would only include the Lots 1, 2 and 3, Block 1 of Fairfield Farms West, with payment of assessments to date due at the time of issuance of a building permit on these properties or properties to the east.  The east bound right turn lane will be a requirement prior to the development of Lots 1, 2 and 3, Block 1 of Fairfield Farms West.  There is no direct City or KDOT financial participation.  Through the benefit district process, the City’s debt for the project is paid by a combination of the developer funds up front and the assessments levied on the property.

Option 2)   Continue with the plat requirement for the construction of the east bound right turn lane.  Request that KDOT approve the plans for this improvement in their right-of-way.