January 3, 2006
The Board of Commissioners of the City of Lawrence met in regular session at 6:35 p.m., in the City Commission Chambers in City Hall with Mayor Highberger presiding and members Amyx, Hack, Rundle, and Schauner present.
CONSENT AGENDA
As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to receive the Mechanical Board of Appeals meeting minutes of October 17, 2005. Motion carried unanimously.
As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to approve claims to 231 vendors in the amount of $2,305,484.55 and payroll for December 11, 2005 to December 24, 2005 in the amount of $1,520,974.98. Motion carried unanimously.
As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to approve the Drinking Establishment Licenses for Liquid Bar & Nightclub, 804 West 24th; and Louise’s West, 1307 West 7th. Motion carried unanimously.
As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to approve a change order in the contract with Utility Maintenance Contractors, LLC for the 2005 CIPP project in the amount of $32,895.86. Motion carried unanimously. (1)
Ordinance 7952, rezoning (Z-09-53-05) 0.53 acre from C-5 (Limited Commercial) District to RO-1A (Residence-Office) District; southeast corner of West 7th Street and Arkansas Street (700 Arkansas & 704-704 ˝ Arkansas), was read a second time. As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (2)
Ordinance 7953, rezoning (Z-09-54-05) 0.34 acre from C-5 (Limited Commercial) District to RO-1 (Residence-Office) District; north of West 7th Street and east of Arkansas Street (640 Arkansas), was read a second time. As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (3)
Ordinance 7954, rezoning (Z-09-55-05) 0.34 acre from RM-1(Multiple-Family Residence) District to RO-1 (Residence-Office) District; north of West 7th Street and east of Arkansas Street (630-632 Arkansas & 634-636 Arkansas), was read a second time. As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (4)
Ordinance 7955, rezoning (Z-09-56-05) 1.52 acres from RO-2 (Residence-Office) District to O-1 (Office) District; south of West 6th Street between Maine and Alabama Streets (1015 West 6th Street), was read a second time. As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (5)
Ordinance 7956, rezoning (Z-09-57-05) 2.11 acres from RM-1 (Multiple-Family Residence) District to RS-2 (Single-Family Residence) District; south of West 6th Street between Missouri and Illinois Streets (628 Missouri, 621, 623, 616, 622, and 626 Maine, and 619, 623-623 ˝, 622 and 624 Alabama Streets), was read a second time. As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (6)
Ordinance 7957, rezoning (Z-09-61-05) 3.349 acres changed through the Lesser Change Table from RS-1 (Single-Family Residence) District to RS-2 (Single-Family Residence) District; located at 2620 Haskell Avenue, was read a second time. As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (7)
Ordinance 7958, rezoning (Z-09-65-05) 1.53 acres from PCD-2 (Planned Commercial Development) District (With Restrictions) to PCD-2 (Planned Commercial Development) District (With Expanded Allowable Uses); southeast corner of North Iowa Street and Riverridge Road (Riverridge PCD), was read a second time. As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (8)
Ordinance 7959, rezoning (Z-09-60-05) 0.17 acre from RO-2 (Residence-Office) District to C-1 (Inner-Neighborhood Commercial) District; 1246 Haskell, was read a second time. As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion carried unanimously. (9)
As part of the consent agenda, it was move by, to adopt Resolution No. 6623, ordering the repair or demolition of the structure at 429 Indiana by March 21, 2006, pursuant to Commission direction on December 20, 2005. Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-10-39-05) for Doolittle Subdivision, a proposed 41-lot single-family residential subdivision containing approximately 10.3 acres, property described as being located north of Overland Drive, south of Trail Road between Eldridge Street and Monterey Way; and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision of the following fees and recording documentation:
a. A current copy of a paid property tax receipt.
b. Recording fees made payable to the Douglas County Register of Deeds;
c. A completed Master Street Tree Plan in accordance with Section 21-7081a.3.
2. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations.
3. Submittal of a Temporary Utility Agreement.
4. Submittal of public improvement plans for the construction of Seele Drive, Doolittle Drive, Doolittle Way, Seele Way (extended), sidewalks associated with all streets and pedestrian easements, and extension of sanitary sewer, stormwater, and water mains.
5. Revision of the plat to include the following:
a. The book and page number for the off-site utility easement to the south;
b. A note, stating sidewalks within the pedestrian easements and along one side of each internal street will be constructed with the project;
c. A 15-foot utility easement, not a combined utility and drainage easement, running north-south through Tract B; and
d. In the event the Homeowner’s Association fails to fulfill its obligation of maintaining Tracts A and B, the City may presume maintenance of the tracts until the association resumes its obligations. All costs incurred by the City in carrying out the obligations of the association shall be assessed against the properties in the Doolittle Subdivision and will become a lien on the properties.
Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-10-42-05) for a proposed 30-lot multiple-family residential subdivision containing approximately 12.51 acres, generally described as being located north of Harvard Road and west of George Williams Way; and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision and approval of public improvement plans prior to the recording of the Final Plat with the Register of Deeds Office;
a. Pedestrian Path shall be constructed with public improvement plans for this
Development;
2. Pinning of the lots in accordance with Section 21-302.2 of the Subdivision Regulations;
3. Execution of a Temporary Utility Agreement;
4. Provision of the following fees and recording documentation:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds;
c. Provision of a master street tree plan.
d. Provision of street sign fees.
Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to approve the site plan (SP-08-69-05) for construction of a residential triplex to a lot containing an existing house located at 425 Wisconsin Street, subject to the following condition:
1. Execution of a site plan performance agreement per Section 20-1433.
Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to approve the site plan (SP-11-85-05) for an addition to the existing Southwest Jr. High School, located at 2511 Inverness Drive, subject to the following conditions:
1. Execution of a site plan performance agreement per Section 20-1433;
2. Provision of the following modification to the site plan:
a. Verify and correct the number of parking stalls, so the parking area calculation and the number of parking stalls shown in the notes match.
Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to receive a letter, tax abatement application, and supporting materials from Berry Plastics; and refer this matter to the Public Incentives Review Committee. Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Schauner, seconded by Amyx, to authorize the Mayor to sign a Subordination Agreement for Preston Hoyt, 3817 Overland Drive. Motion carried unanimously. (16)
CITY MANAGER’S REPORT: None
REGULAR AGENDA ITEMS:
Receive staff memo with amendments to Ordinance No. 7960 regarding illegal camping.
David Corliss, Assistant City Manager/Legal Services Director, said Commissioners Amyx and Schauner had asked that staff draft an ordinance that would make camping downtown illegal. He said Scott Miller, Staff Attorney, prepared a draft ordinance and memorandum explaining that ordinance.
Scott Miller said Ordinance 7960 was a fairly simple amendment to the existing illegal camping ordinance. In addition to the current prohibition, it would extend prohibitions against camping to public property and public right-of-way located in the C-3 zoning district. The C-3 zoning district was the central downtown zoning district and was generally defined by 6th Street on the north end, 11th Street on the south end, Vermont Street on the west, and New Hampshire on the east.
Mayor Highberger called for public comment.
Helen Hartnett, Lawrence, said she was present as a resident and as a Professor at the School of Social Welfare at the University of Kansas. She said she had been in Lawrence for five years and in that time Lawrence had made great strides in the area of homelessness and public behavior. She said during that time Lawrence did not have a 12 month, 24 hour shelter for the homeless. In the last year, the City had made even more strides by appointing a City Commission on Homelessness, offering City dollars to help address the issue of public behavior and things that the entire community wanted to see resolved. She said she would not like the City to resolve the issue by short term problem solution ordinances that often did not deal with the root of the issue.
She urged the Commission to not pass this proposed ordinance.
Commissioner Rundle suggested that Hartnett take this issue to the Community Commission on Homelessness for review or comment.
Hartnett said the Homeless Commission had not met recently and she did not have the authority to speak on behalf of the Commission on this topic.
Loring Henderson, Director of the Lawrence Community Shelter, said he agreed with Hartnett that an ordinance would not resolve the situation. He said they were concerned about one particular individual who spent a great deal of time downtown in the C-3 zoning district. With some of the progress that had been made in Lawrence, in the last few years, there were organizations and groups that could get together and work with this individual in depth to help that person as well as the community as whole. He said the ordinance might make it possible to have someone moved from an area, but it would not improve the situation.
Vice Mayor Amyx said this ordinance was not about one individual. He said Downtown Lawrence was important to the history of this community. He said recently the City Commission had started spending tax dollars to provide case managers and housing for the homeless. He said downtown sidewalks and alleyways were not appropriate areas to camp and he supported the amendment to the camping ordinance.
Commissioner Schauner said he agreed with Hartnett and Henderson that this ordinance would not solve the problem. He said he hoped that the programs that were being put in place by the people who were volunteering a large number of hours to the Homelessness Commission or who worked with former Mayor Rundle, on the work that led to the City Commission adopting that approach would make it unnecessary to ever enforce this ordinance.
In the meantime, additional tools were needed to deal with and protect the Downtown area. One of the roles this City Commission needed to play was to balance competing interests of the commercial activity downtown, the ability for citizens to walk freely down the street, and the rights of those who were not able to partake in the commercial successes of the community. He said there were certainly way too many of those people in the Lawrence community. He said trying to find some balance among those competing interests, he did not think the proposed ordinance went too far and he thought the ordinance was a reasonable and measured attempt to arrive at a balanced, hopefully, in the very near future and unnecessary to enforce ordinance. But in the mean time it provided the City with tools that could deal in the short term, going forward, with some immediate problems and issues. He said though he had hesitation of singling out any group or individual, he believed that under all the circumstances this ordinance deserved the City Commission’s affirmative support. He supported the ordinance.
Mayor Highberger said he generally agreed with everything Commissioners Amyx and Schauner said. He said this ordinance would obviously not solve the problem of homelessness in the City, but it might make a dent in the problem of improper use of public spaces. He said he was not necessarily opposed to passing this ordinance, but he preferred having the Homelessness Commission review this issue before final action was taken by the City Commission.
Mayor Rundle said one option would be to pass this ordinance on first reading and not approve the ordinance on second reading until the Homelessness Commission reviewed the ordinance. He said he agreed that this ordinance was not the effective solution to get the homeless off the streets. He said in the last month there were a dozen people in sleeping bags waiting for tickets at Liberty Hall. He said he would assume that would constitute a code violation. He said staff needed to make sure that the ordinance was enforced equally if the City Commission passed this ordinance. He said he noted City legal staff nodding affirmatively to his assumption that this would apply to the sleeping bags in front of Liberty Hall situation.
Commissioner Hack said she would not have any problem passing this ordinance on first reading and then asking the Commission to review it before second reading. She said she would support this ordinance on first and second reading. She said she agreed with Henderson that this would move a problem to another area. She also agreed with Hartnett that the community had come a long way. She said when discussing the issue of supporting downtown and the safety of the citizens, for those reasons she supported the ordinance.
Commissioner Schauner said he did not want anyone watching or who was present at the meeting to think that the City Commission was placing a greater value on commerce than they were on individual rights. He said no person’s rights were absolute and the difficult part of talking about this issue was trying to figure out what the balance was among competing interests. Until they were able to get this case manager approach up and running, perhaps making the enforcement of this ordinance a rare occasion, he thought this was a tool that made sense for this community.
Commissioner Rundle asked if there was any rationale to setting the fine at $1,000 because he was comparing this fine to other fines in City Code.
Miller said that was similar to the general penalty provision in the code. It was also the amount that was decided upon when it was originally passed this year.
Commissioner Schauner said that amount was an amount not to exceed $1,000.
Corliss said correct. He said the fine could be less than $1,000. He said as a constitutional rule, municipal courts, because they did not have jury trials, could not have fines which exceed the constitutional limit in the courts.
Moved by Highberger, seconded by Rundle, to refer the ordinance to the Community Commission on Homelessness for a recommendation before proceeding further. Aye: Highberger and Rundle. Nay: Amyx, Hack, and Schauner. Motion failed.
Moved by Amyx, seconded by Hack, to place on first reading, Ordinance No. 7960, regarding illegal camping in the C-3 zoning district (Downtown). Aye: Amyx, Hack, Highberger, and Schauner. Nay: Rundle. Motion carried. (17)
Commissioner Schauner suggested that the City Commission discuss the second reading of this ordinance. He said he did not have any problem asking the Commission on Homelessness to look at this ordinance. He did not want to delay this ordinance inordinately.
Hartnett said the Community Commission on Homelessness had a meeting scheduled for January 10th, but they also had another major item on their plate for discussion.
Mayor Highberger said his reason for separating the two motions was because he did not think it would be fair to the Commission on Homelessness to refer something after it was passed on first reading with the likelihood that it would not change.
Hartnett said the Commission on Homelessness currently met monthly, but with that other major item they would be meeting more frequently.
Commissioner Schauner said if the Commission on Homelessness had 60 days with which to meet and comment, he asked if that was sufficient time before the City Commission took that matter up on second reading.
Commissioner Hack asked Commissioner Schauner why he suggested 60 days.
Commissioner Schauner said their January 10th meeting agenda appeared to be full.
Hartnett said their Commission was currently being asked to respond to another issue from the City Commission and they had 90 days of which they only had 60 days left. She said her plate was full in that sense in responding to the special use permit.
She said she was also one person speaking for their Commission and she was concerned about being asked to conduct both of those tasks within 60 days.
Commissioner Hack suggested that the Mayor contact the Commission on Homelessness members by email to ask them to relay their thoughts individually by January 17th. She said 60 days was too long and Vice Mayor Amyx had been extremely clear about wanting to protect the downtown area. She said this simply wasn’t a business issue versus a people issue, but she thought the City Commission needed to move quicker than 60 days.
Hartnett said her only concern with having individual Commission on Homeless members respond was that they, as a Commission, had decided on a certain types of decision processes and one was a 70% consensus rule. If those members responded to the City Commission individually that would be appropriate, but only as individual members, not as a Commission.
Vice Mayor Amyx suggested asking the Commission on Homelessness for feedback no later than January 24th if their Commissioner decided to take on this issue.
Hartnett said that was a fair suggestion.
Moved by Amyx, seconded by Schauner, to place Ordinance No. 7960 on second reading for the January 24th City Commission meeting. Aye: Amyx, Hack, Highberger, and Schauner. Nay: Rundle. Motion carried.
Commissioner Rundle said he valued the deliberative nature of a Commission to be able to inform each other and preferred that format than to poll individual members for comment.
Mayor Highberger said the motion was to allow time for a response from the Commission on Homelessness.
Vice Mayor Amyx said if those members would like to meet as a Commission that would be appropriate, but rather than this issue go on for months, it was an adequate amount of time for response.
PUBLIC COMMENT:
Hartnett said given the current discussion, but prior to City Commission vote about the Commission on Homelessness and the polling of individual members, she suggested that the City Commission suggest a process by which the Commission on Homelessness was informed when those issues arose so their Commission could bring comment in a timely manner.
Mayor Highberger said that suggestion was fair and he said he would try to be more diligent in that regard. (18)
Moved by Schauner, seconded by Hack, to adjourn at 7:10 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Dennis Highberger, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1. Change Order – Utility Maintenance Contractors, 2005 CIPP project for $32,895.86.
2. Ordinance No. 7952 – 2nd Read, rezone (Z-09-53-05), .53 acre from C-5 to RO-1A, SE corner of W 7th & Arkansas.
3. Ordinance No. 7953 – 2nd Read, rezone (Z-09-54-05), .34 acre from C-5 to RO-1, N of W 7th & E of Arkansas.
4. Ordinance No. 7954 – 2nd Read, rezone (Z-09-55-05) .34 acre from RM-1 to RO-1, N of W 7th & E of Arkansas.
5. Ordinance No. 7955 – 2nd Read, rezone (Z-09-56-05) 1.52 acres from RO-2 to O-1, S of W 6th between Maine & Alabama.
6. Ordinance No. 7956 – 2nd Read, rezone (Z-09-57-05) 2.11 acres from RM-1 to RS-2, S of W 6th between Missouri & Illinois.
7. Ordinance No. 7957 – 2nd Read, rezone (Z-09-61-05) 3.349 acres from RS-1 to RS-2, 2620 Haskell.
8. Ordinance No. 7958 – 2nd Read, rezone (Z-09-65-05) 1.53 acres from PCD-2 to RCD-2 (w/expandable allowable uses) SE corner of N Iowa & Riverridge.
9. Ordinance No. 7959 – 2nd Read, rezone (Z-09-60-05) .17 acre from RO-2 to C-1, 1246 Haskell.
10. Resolution No. 6623 – Order repair or demo of 429 Indiana, March 21st,
11. Final Plat – (PF-10-39-05) Doolittle Sub, 10.3 acres, N of Overland Dr, S of Trail between Eldridge & Monterey Way.
12. Final Plat – (PF-10-42-05) 12.51 acres, N of Harvard & W of George Williams Way.
13. Site Plan – (SP-08-69-05) residential triplex, 425 Wisconsin.
14. Site Plan – (SP-11-85-05) addition to SW Jr. H.S., 2511 Inverness.
15. Tax Abatement Application – Berry Plastics refer to PIRC.
16. Subordination Agreement – 3817 Overland Dr., Preston Hoyt.
17. Ordinance No. 7960 – 1st Read, illegal camping in the C-3 zoning district (Downtown)
18. Public Comment – City Commission to inform Commission on Homelessness of upcoming issues.