April 24, 2007
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 Hack presiding and members Amyx, Dever, Chestnut and Highberger present.
RECOGNITION/PROCLAMATION/PRESENTATION:
Mayor Hack recognized the 50th Anniversary of the Lawrence Community Nursery School at Little Red School House.
With Commission approval, Mayor Hack proclaimed the week of April 22nd – 29th, 2007 as “The Week of the Young Child”; the week of April 23rd – 27th, 2007 as “Tree City USA Week” and Friday, April 27th and “Arbor Day”; and Saturday, April 28th, 2007 as “Headquarters Counseling Center Life Support Day.”
CONSENT AGENDA
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve City Commission meeting minutes from April 10, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to receive the Grant Review Board meeting minutes of October 30th, 2006; the Traffic Safety Commission meeting minutes of March 5th, 2007; and the Mental Health Board meeting minutes of February 27th, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve claims to 450 vendors in the amount of $1,299,165.14. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve the Drinking Establishment License to Papa Keno’s Pizzeria, 1035 Massachusetts; and 23rd Street Brewery; 3512 Clinton Parkway. Motion carried unanimously.
The City Commission reviewed the bids for one compact pickup with service body for the Utilities Department. The bids were:
BIDDER BID AMOUNT
Shawnee Mission Ford $22,355
Laird Noller Ford $22,705
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to award the bid to Shawnee Mission Ford, in the amount of $22,355. Motion carried unanimously. (1)
The City Commission reviewed the bids for one ˝ ton pickup for the Finance Department. The bids were:
BIDDER BID AMOUNT
Shawnee Mission Ford $16,913.00
Laird Noller Ford $16,950.00
Crown Chevrolet $18,872.11
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to award the bid to Shawnee Mission Ford, in the amount of $16,913. Motion carried unanimously. (2)
The City Commission reviewed the bids for painting Pump Station No. 6 for the Utilities Department Wastewater. The bids were:
BIDDER BID AMOUNT
J.F. McGivern $49,100
Hardister Painting $52,000
Gary Company $70,710
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to award the bid to J.F. McGivern, in the amount of $49,100. Motion carried unanimously. (3)
The City Commission reviewed the bids for one 4x4 Extended Cab Compact Pickup for the Utilities Department. The bids were:
BIDDER BID AMOUNT
Shawnee Mission Ford $17,272.00
Laird Noller Ford $17,622.00
Crown Chevrolet $18,550.55
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to award the bid to Shawnee Mission Ford, in the amount of $17,272. Motion carried unanimously. (4)
The City Commission reviewed the bids for one ˝ ton pickup with tommy lift tail gate for the Utilities Department. The bids were:
BIDDER BID AMOUNT
Shawnee Mission Ford $17,097.00
Laird Noller Ford $17,182.00
Crown Chevrolet $21,825.54
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to award the bid to Shawnee Mission Ford, in the amount of $17,097. Motion carried unanimously. (5)
The City Commission reviewed the bids for one ˝ ton cab and chassis for the Public Works Department. The bids were:
BIDDER BID AMOUNT
Laird Noller Ford $15,597
Shawnee Mission Ford $15,626
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to award the bid to Laird Noller Ford, in the amount of $15,597. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve the purchase of Badger transmitters and Orion Software for the Finance Department to Midwest Meter for $21,500. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to set a bid date of May 15, 2007, for the Comprehensive Rehabilitation Program at 2205 Learnard Avenue, 639 Missouri Street, and 320 Crestline Drive. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to set a bid date of May 29, 2007 for the painting and caulking of the outdoor pool. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to waive competitive bidding requirements of Charter Ordinance No. 19, and authorize the distribution of the following two Requests for Qualifications: 1) Plant Project – Wakarusa Water Reclamation (WWRF) and the Four Seasons facility including lift station modifications, a new holding basin, and a new force main; and 2) Conveyance Project – Influent pump station and force main to the WWRF and upstream gravity line to the influent pump station. Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to place on first reading Ordinance No. 8102, authorizing the sale, consumption, and possession of alcoholic beverages at Broken Arrow Park on May 11 – 12, 2007 for the Lawrence Sertoma BBQ Cook-off fundraiser. Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to place on first reading Ordinance No. 8103, condemning property interests, Lot 1, Block 1, Lewis Subdivision (2300 Louisiana Street), as authorized by the City Commission on February 20, 2007. Motion carried unanimously. (12)
Ordinance No. 8101, changing the name of the Recycling and Resource Conservation Advisory Board to Sustainability Advisory Board and adopting new by laws, was read a second time. As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to adopt the ordinance. Aye: Amyx, Dever, Chestnut, Hack, and Highberger. Nay: None. Motion carried unanimously. (13)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to authorize the City Manager to sign project agreements and issue Requests for Proposals for Historic Preservation Fund Grant, #20-06-21519-005, Downtown Design Guidelines, #20-07-21620-004 South Massachusetts Street Survey, and #20-07-21620-003 Design Review Intern. Motion carried unanimously. (14)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve as signs com community interest, a request from the Local Organizing Committee for the Collegiate Cycling Road National Championships to post no parking signs along the race route on Sunday, May 13, 2007. Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve as signs of community interests, a request from the Lawrence Home Builders Association to place directional signs during the Spring Parade of Homes, April 28 – May 6, 2007. Motion carried unanimously. (16)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve unanimous recommendation from the Traffic Safety Commission (TSC) to change the School Crossing on 15th Street at Engel Road to a Pedestrian Crossing with appropriate signs and ordinance. Motion carried unanimously. (17)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to authorize the Mayor to sign a Resolution of Support and Administration for the Lawrence Safe Routes to Schools Phase I Application and adopt Resolution No. 6720, declaring the eligibility of the City of Lawrence, Kansas, to submit an application to the Kansas Department of Transportation for use of safe routes to schools funds set forth by Safetea-Lu for the Lawrence SRTS Phase I project in Lawrence, Kansas, and authorizing the City Manager to sign the application. Motion carried unanimously. (18)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to authorize the City Manager to enter into a License Agreement with Lawrence Freenet to install communications equipment on designated traffic control signals throughout the City, pursuant to Historic Resources Commission review and approval as necessary. Motion carried unanimously. (19)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to authorize the City Manager to enter into an Agreement with Lawrence Freenet to install communications equipment on the City’s water tower on Harper Street, subject to a Sprint-Lawrence Freenet lease agreement. (20)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to appoint Mayor and City Commissioners to positions on advisory boards as indicated:
Board and Committee
|
Commissioner Assignments Committee |
Mayor/Commission |
Commissioner Assigned (2006-2007) |
Commissioner Assignment (2007-2008) |
|
K-10 Advisory Committee |
Commissioner |
Schauner |
Chestnut |
|
Douglas County Development Inc. |
Mayor |
Amyx |
Hack |
|
Public Incentives Review Committee |
Mayor/Commissioner |
Amyx/Hack |
Hack/Dever |
|
City/County/USD Quarterly Mtgs |
Mayor |
Amyx |
Hack |
|
Student Senate Group - HINU/KU |
Mayor/Vice Mayor |
Amyx/Hack |
Hack/Dever |
|
Economic Development Board |
Mayor |
Amyx |
Hack |
|
Economic Development Board Proxy |
Mayor Designate |
Hack |
Dever |
|
Housing Needs Task Force |
Commissioner |
Highberger |
Highberger |
|
Library Evaluation Team (May-June 2006) |
Commissioners |
Hack/Schauner |
Hack/Dever |
|
Smart Corridor |
Commissioner |
|
Amyx |
(21)
CITY MANAGER’S REPORT:
During the City Manager’s Report, David Corliss updated the Commission on the Burroughs’s Creek Trail Project. This project was in its first phase and was part the second generation park projects which the City would bond the first phase, including the design work.
Corliss also wanted to draw to the City Commission’s attention a celebration planned for Mike Cheek, Solid Waste Supervisor, who was a long serving City employee. He said he wanted to give credit to Cheek and his co-workers regarding the citizen survey because there were a number of City services that ranked highly, including the Sanitation Division, for the great work those employees did for the community. He said Cheek’s long time service, in that division, was part of the reasons why the citizens of this community valued that service so highly and was sure the City Commission would echo that praise.
The final item on the report would be a brief update from Chuck Soules on the Kasold Project. He said the project was slightly ahead of the contractual schedule and staff had been pleased with the work to date. The total cost for this project was approximately $6 million and would be the largest City road project the City had ever undertaken.
Mayor Hack said almost more than any other department, Public Works was the face of the City that dealt with citizens individually. She said to have someone like Cheek dedicating his entire working career to the City of Lawrence, and touching so many families, was pretty remarkable in this day and age. She said she knew her fellow Commissioners joined her in thanking Cheek and his department because those employees made the City look good.
Chuck Soules, Director of Public Works Department, gave a summary of the progress made on the Kasold Drive Project. (22)
REGULAR AGENDA ITEMS:
Receive report from Dan Partridge, Lawrence-Douglas County Health Department.
Dan Partridge, Lawrence-Douglas County Health Department, presented the report. He said the City of Lawrence and the County of Douglas had been leaders in public health for as long as there had been public health in the State of Kansas. It was humbling to be part of that legacy and exciting to have that challenge.
In 1885 the State of Kansas responded to epidemics like cholera, typhoid, malaria, and small pox, and felt like there needed to be a State Board of Health. That very same year, the City of Lawrence hired their first health officer. He said there were very few health departments that had the length of service than Lawrence. The City of Lawrence continued operating with a health officer function until 1929 when again responding to polio epidemics and other communicable disease issues. At that time, the City of Lawrence formed the City Health Unit, which operated from 1929 to 1942. He said when WWII occurred, there was a lot of influx of industry and the community was classified as a war industry zone. With the influx of labor and influx of environmental health issues, sanitation issues and food service issues, the State of Kansas said again something more needed to be done. At that time, the City and County formed the joint City/County Health Department, and operated in that capacity since 1942 which was a 65 year history as a joint department.
He said public health had four key service messages. The first message was public health which was about safeguarding the community, health and safety. He said some recent examples were responding to the 2006 mumps outbreak where they spent time trying to minimize the spread of that disease. In 2003 cryptosporidiosis was another example, but was listed in their 2006 report because the effects to their response to cryptosporidiosis still went on today. He said they had an enhanced swimming pool inspection program and emphasized education of pool operations to make sure they were being proactive in how they managed their pools.
He said just about everyday somewhere in this City or County there was someone with a communicable disease in which the Health Department worked with in the prevention of spreading that disease.
Public health also assessed health problems, giving immunizations to children, working with teen parents that needed life skill development and helped in connecting to resources in the community, meeting the nutritional needs of mothers and children and working with the elderly which they did everyday.
Public health was about working together in the community to control cost. The cost of health care was in the top two or three on what the community spent their money on. He said prevention was always the best way to control cost in health and whatever they could do to mitigate the repercussions of an outbreak beforehand which reduced costs to society in general.
He said the 2006 Health Department outlined the following:
● In 2006 there were 339 mumps cases, 9 cryptosporidiosis cases, and 11 giardiases case in Douglas County.
● Host a legislative forum with state and local representatives to address issues affecting seniors in Douglas County.
● Held a workshop for child care providers to give them tools to more appropriately manage children today.
● Director of the Health Department, Kay Kent, retired after 33 years of service.
He went over the 2006 Health Department Encounters which were:
Immunizations visits 7,024
Family Planning visits 4,904
WIC Clinic visits 3,987
Community Health Education encounters 3,518
Sexually Transmitted Disease visits 1,968
Pregnancy and Parenting visits 1,808
Project LIVELY visits 1,657
HIV Counseling and Testing visits 1,375
Tuberculosis Skin Test and related visits 1,336
Health Screening Clinics for people over 60 723
Family Health Referral visits 607
Child Care Licensing visits 488
Teen Independence Project visits 396
Other Communicable Disease visits 209
Well Child Care visits 117
TOTAL ENCOUNTERS 32,136
Revenues in 2006 for the Health Department were the following:
City $580,320
County $864,104
Fees $310,578
State $261,971
Federal $738,960
Other $127,039
Total Revenue $2,882,972
He said last was expenditures, which was in the amount of $2.8 million, which was $79,000 under revenues. He said that surplus revenue amount represented roughly $60,000 in restricted funds that were essentially grant funds dedicated to a specified purpose. He said roughly $10,000 of that was unreserved was carry over. He said personnel costs were the most significant costs, representing roughly 80% of the budget, followed by payroll expenses.
Mayor Hack thanked Partridge for his presentation and knew he would do a good job at the Health Department.
The City Commission received the report. (23)
Consider the adoption of the 2007 Action Plan of the Consolidated Plan.
Margene Swarts, Community Development Manager, presented the plan. She said the City was required to submit a five year consolidated plan each year. She said this year submission would be the 2007 Action Plan to the Consolidated Plan which ran from 2003 to 2007 and was the 5th update of the original plan. Next year staff would submit a new five year plan. Basically the plan discussed housing and community development needs and priorities for the community and the investment summary detailed activities that were recommended for funding to address those various needs. Priorities were determined both by the assessment of needs and which prior activities had been completed. The Neighborhood Resources Advisory Committee, or the NRAC, made the final recommendation for the CDBG and HOME Program with input from the citizen boards the public. She said direction also came from the City Commission study session that was historically held in the fall.
As previously approved by the City Commission, the advisory committee continued to consider the Step Up to Better Housing Strategy, when making modifications this year. Additionally, strong attention had been paid to continue addressing the homeless situation in the community with the allocation of funds for the Lawrence Community Shelter and Salvation Army.
She said the Advisory Committee held a public hearing on April 12th, which opened the 30 day written comment period. Several people attended the meeting and made public comment to the committee. To date, the department had received one written comment which was included in the plan and staff already responded to that comment which was included in the City Commission’s packet as well. If staff received additional written comments within the 30 day period, staff would include those comments in the plan and staff would respond to those comments.
She said regarding the Investment Center, it was important that by federal regulation the expenditure of funds was limited into three areas; no more than 15% of the grant could be expended for public services and no more than 20% could be expended for administrative expenses; and, at least 15% of the grant must be expended for CHDO projects and no more than 5% may be spent on CHDO operating expenses. No more than 10% can be spent on other administrative expenses.
The allocation was recommended by the advisory committee was within the regulatory caps. The original cap for capital improvement expenditures and set aside required for the CHDO for affordable housing activities was a minimum of 15% of what could be allocated if desired and this year the committee did have a little bit more for those activities that were carried out by Tenants to Homeowners. The next step in the process was the adoption of a Resolution which would authorize the submission of the CDBG and HOME grant documents.
Michael Randolph, Chair, Neighborhood Resources Advisory Committee, said they began in January of 2007 with the deliberation process for those funds. The amount they received from HUD this year was roughly the same as last year and a lot of the groups asking for those funds were social service agencies or targeted groups neighbors which was roughly the same. The big change this year was the approach to the five target neighborhoods. Historically with public service funds, neighborhoods requested funds for operating expenses for things like newsletters and neighborhood cleanups. They went from line item to line item and as they thought about it, they did not have an objective tool they could use going forward to look at those with criteria. He said those neighborhoods were part of this program because of their demographics from the census data and decided if they could apply that same information into some type of formula that would help to have a basis to allocate those funds. He said they developed a formula that weight three different factors, the first being the number of households that were in that neighborhood. If one neighborhood had 5,000 households and another had 2,500, 60% of their formula weighted that into it. He said 20% of the formula had to do with the percentage of residents or households that qualified as low to moderate income levels, according to the census data. He said another 20% was the percentage of households that were rentals. He said those were the three variables that would fit into this formula. He said if they looked at the investments, each of the neighborhoods had operating expenses and those numbers were arrived by the formula which was close to what was requested. He said the next couple of meetings they were going to put caps on the approved money, but this was going to be what the percentage cap was for their neighborhood items. Another issue for next year was a way to incorporate blight by using County data.
Commissioner Highberger asked about the allocation formula and whether they received any feedback.
Randolph said they received feedback, not so much on the formula, but on other differences.
Commissioner Amyx asked if the income guidelines for the formula, in the Oread Neighborhood, would be skewed by the student incomes.
Randolph said yes. He said Oread area was roughly 92% non-owner occupied so when looking at the census, they were looking at household incomes which were primarily students. He said owner/occupied levels were the lowest in that area compared to all the other neighborhoods.
Commissioner Amyx asked if there was some type of balance or factoring regarding a neighborhood that was generally owner/occupied East Lawrence versus a generally non-owner occupant neighborhood.
Randolph said in order for a neighborhood to qualify to be a targeted neighborhood, it was based strictly on household income. The income was based on the person who was in that home, not on the person who owned that home.
K.T. Walsh, Vice President of the East Lawrence Neighborhood Association, said they were supportive of the process this year. She the approach they were taking this year offered the neighborhoods a little bit of autonomy. The neighborhood had a project that repaired sidewalks involving junior high kids and Big Brothers Big Sisters and did not feel the neighborhood was confronting an issue, but now with the grant being given in a lump sum, they could choose where the money would go.
Commissioner Highberger said the formula was of some concern in North Lawrence, because those residents did not feel they were getting their fair share of the pie because of the weighting on the rental. He said personally, he appreciated the attempt to make it fair, but had some concerns. He said if counting incomes and rental rate, a large percentage of students in the neighborhood would bump the numbers up more than they should. He said they might want to look at tweaking the formula for next year, but he was generally support of this year’s recommendation.
Commissioner Amyx said he agreed with Commissioner Highberger. He said he had questions about the effect that students in non-owner/occupied housing would have on any of the neighborhoods because it was not a good comparison to others. He said he appreciated all the work put forth by the advisory board. He said he looked forward to see if there was a better way to make equal comparisons on non-owner/occupied versus owner/occupied issues in the future.
Mayor Hack said this was one of the hardest working boards, in terms of the critical issues and the amount of time it took. She said the commitment in allocating those dollars to those neighborhoods was very evident that board’s in the work. She said it was important to remember that board was dealing with decreasing, declining numbers on an annual basis and was a challenge every year to meet more needs with less money.
Moved by Amyx, seconded by Chestnut, to adopt Resolution 6719, authorizing the Mayor to execute the grant agreements for the 2007 Community Development Block Grant (CDBG) and the 2007 Home Investment Partnerships Program (HOME), and authorizing the Mayor to sign such other documents, understandings, and assurances as may be required pursuant to Title 1 of the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990. Motion carried unanimously. (24)
Consider the recommendations from the Traffic Safety Commission (TSC) as follows:
a) Deny request to make traffic control changes at the recreational path crossing at Sawgrass Drive.
b) Establish No Parking along the west side of Tennessee Street, adjacent to 21st Street.
c) Establish No Parking School Days along the west side of Oak Tree Drive, adjacent to the school crossing at Vantuyl Drive, 3:30 – 4:00 PM MTTHF and 2:00 – 2:30 PM W.
Chuck Soules, Public Works Director, presented the staff reports for the three recommendations from the Traffic Safety Commission. He said the first item was a request for traffic control changes to the recreational path crossing at Sawgrass Drive. He said the TSC looked at the request for the proposed stop sign installation by the bicycle path and decided the stop sign was not a good idea because of the sight distance for bicycles. The second alternative was to move the recreational path closer to 27th Street which gave southbound traffic a clearer view of bicyclists at the crosswalk, but there were costs associated with that alternative. As a result, the TSC requested staff meet with those homeowners to find out if they were interested in moving their fence, but it was determined those homeowners were not interested in that idea. Therefore, the TSC voted 6-1 to deny the original request.
He said the second item was to establish a “no parking” area along Tennessee Street. He said the issue was sight distance, but the Traffic Safety Commission voted 4-3 in favor of No Parking.
Commissioner Chestnut asked if this intersection was an uncontrolled intersection.
Soules said 21st Street had a stop sign.
Soules said the third item was “No Parking” on the west side of Oak Tree Drive in the vicinity of the pedestrian crossing. He said Quail Run School used that crossing, but parents picking up students park right up to the crosswalk which obstructed the view of traffic. He said the TSC voted 6-1 recommending approval, but only on school days Monday, Tuesday, Thursday, and Friday, 3:30-4:00 p.m. and Wednesday, 2:00-2:30 pm.
Mayor Hack asked about the parking along Tennessee Street and if there was an ordinance regarding how far back from the intersection one was permitted to park or could they park right up to the intersection at any time. She asked if it was 35 feet from the stop sign.
David Woosley, Traffic Engineer, said there were two sections in the standard traffic ordinance that addressed distance. He said if there was a traffic control device, such as a stop sign or traffic signal, a person could not park within 20 feet of those traffic controls. If there was a crosswalk, whether it was marked or unmarked, a person could not park within 30 feet of that crosswalk. He said in this case along Tennessee, those conditions were not at either of those locations.
Mayor Hack said the only street that that applied to was 21st.
Woosley said that was correct.
Commissioner Chestnut asked about “no parking” on 21st and Tennessee.
Woosley said there was “no parking” on the west side of the street, both north and south of the intersection. He said staff tried to put the signs on property lines so those signs were between houses instead of in front of houses so sometimes there would be additional parking than required. He said “no parking” ended up being 115 feet north and south of the intersection.
Mayor Hack asked if they knew how this request came to the Traffic Safety Commission.
Woosley said the request came from a citizen that lived on one of the corners in that area.
Mayor Hack asked if that person showed up at the Traffic Safety Commission to present information.
Woosley said no.
Commissioner Highberger asked why the recommendation would be no parking for about 100 plus feet rather than 20 or 30 feet.
Woosley said the 100 feet was so someone could see vehicles in sufficient distance in order to pull out and make a turn across the street when vehicles were traveling down the street at 30 miles per hour.
Commissioner Highberger asked if there was a reason for doing it different at this location than what was done in many intersections in the City.
Woosley said normally there was no restriction at all unless there was an indication of a problem of one type or another where a citizen made a request.
Mayor Hack said there had been three accidents at this intersection in the last three years.
Woosley said yes, in the last three years there have been three accidents involving east bound vehicles pulling out and being hit by vehicles on Tennessee.
Commissioner Amyx said the recommendation from the TSC was to deny the request on Sawgrass Drive, but it was not staff’s recommendations to move the sidewalk or fence.
Soules said the homeowners association did not want to move the fence.
Commissioner Highberger asked if signage was considered.
Woosley said signs could be installed, but that did not improve the sight distance.
Commissioner Highberger said he assumed that if someone was riding a bike and a street intersection was approaching, as long as the cyclist would know that there was an upcoming intersection, they could exercise the appropriate amount of caution.
Soules asked if there had been any reported crashes.
Woosley said no, there was a resident in the area that brought this issue to the TSC attention. There were a couple of times when the resident was pulling out and a bicyclist was coming down the sidewalk and surprised that resident. He said when he met with the president of the homeowner’s association, the association felt the intersection operated satisfactorily and did not think the intersection was a problem.
Commissioner Dever said he went by that area a couple of times after receiving the minutes and watched. He said there was traffic in that area, but if a person rode their bike and people drove carefully, conflicts could be avoided. He said there was one spot where he could not see anyone, but there were places like that all over Lawrence and people needed to be careful when riding their bikes.
Mayor Hack called for public comment.
Paula O’Callaghan, Lawrence, spoke on the Oak Tree Drive recommendation. She said the people violating or causing the problem were the parents of children and were the only people that park at that location. Those parents were only at that location for a few minutes and parked on all four sides of the street and on Vantuyl. She said there was a crossing guard at that location that watched those children. She said something could happen, and none of the parents wanted anything to happen, but she did not see why putting “no parking” in front of her house would improve the situation. She said the parents would just park further back behind the sign or park on one of the other sides of the street. She said if anything, a lot of cars parked in that area would slow people down. She said she did not see that suggestion was any value and was worried about the precedent it set at other crosswalks. She said she made her feelings known last time and if a sign would go up, it would go up between her and her neighbor to the north’s driveway. She said there was about a foot between their driveways and were rather steep. She said she was afraid she would take the sign out. She hoped that if the City Commission felt the stop sign was necessary, the sign would be at least attached to the existing sign which was at the end of the neighbor’s property line. She said if they were going to put signs up, she did not think it was going to help, but asked if the signs would be put up, to put those signs on existing poles.
Mayor Hack said those parents did not park at that location the entire day, but parents park there to pick up their kids from school.
O’Callaghan said yes that was true and the whole issue was caused by the parents who came and parked to pick up their children, except for the occasions when someone was having a neighborhood function. She said she talked to the crossing guards and they all seemed to understand. She said those crossing guards had indicated they asked the City to supply them with orange vests and the City said “no” because that was not a designated school crossing because it was not actually in front of the school.
Mayor Hack asked if the crossing guard was a volunteer.
O’Callaghan said the crossing guards were three different teachers that took turns.
David Corliss, City Manager, said they were not City crossing guards.
O’Callaghan said where those volunteer’s stood on that sidewalk incline and the only people they were stopping were people who were picking up their kids.
Commissioner Dever said he went by that area to gauge for complaints and thought there was an opportunity for a problem. He said for example, there was a van parked immediately in front of the crosswalk which obstructed the view and caused traffic problems for that very short period of time. He said O’Callaghan was right that perhaps modifying the behavior of the parents would be more effective. He said clearly, traffic did get choked down for a short period of time and the parking restricted visibility, but whether it warranted a parking sign should be based on the City’s expertise and he thought the City recommended the sign.
O’Callaghan asked if Commissioner Dever thought it was okay if parents parked on the east side of the street. The whole time people were parking at that location was for the school pickup. She said she did not think that “no parking” on that small stretch of road would help, but if “no parking” was going to be required on that small stretch, she suggested stretching the “no parking” out and make it worth while.
Commissioner Highberger asked O’Callaghan to restate her last comment.
O’Callaghan said there were already two existing signs that said “school zones” so rather than putting another sign in, especially one that would be located in a bad place, if they wanted “no parking” at that location for that restricted amount of time, then could they put the signs two houses away from the crosswalk.
Commissioner Chestnut said it would create a bigger buffer for crossing for more visibility and place those signs on existing poles.
Mayor Hack said it would make more sense.
Commissioner Chestnut asked how many more feet.
O’Callaghan said it would add another 25 feet.
Woosley said it depended on the width of the lots which could be 80 or 90 feet.
Pat Moffitt, Lawrence, said she was not that concerned about the sign itself because they did have a sign in their yard about the school and she was sure it could be attached to the current one. She said she did not think this issue should be before the City Commission because it was a problem for the Quail Run parents of the kids and the school principal. She said there was an adult guard everyday at that crosswalk standing in the middle of the street, escorting kids from one side to another. She said if parents had a problem with their kids’ safety, then this was a great opportunity for parents to do what they tell their kids to do everyday, which was step up, take responsibility and follow the rules. She said the principal had encouraged the parents to not park on the street when school was letting out and parents were not following the rule. She said this was a waste of time for the City Commission and could have been dealt with the parents, members of the PTA, and the school.
Commissioner Amyx said he concurred with the Traffic Safety Commission recommendation, but wanted to see if staff had a better recommendation. He said the fence was at the right location, but the problem was the sight distance. He said there was approximately 35 or 40 feet and if some kind of signage could be recommended to the Traffic Safety Commission or to the City Commission that was fine. He said he thought it was appropriate to concur with the Traffic Safety Commission on denying the traffic control for the recreation path crossing at Sawgrass.
Moved by Amyx, seconded by Chestnut, to concur with the Traffic Safety Commission’s recommendation to deny the request to make traffic control changes at the recreational path crossing at Sawgrass Drive. Motion carried unanimously. (25)
Commissioner Highberger said concerning the “no parking” on Tennessee Street, he dealt with a similar intersection at 13th and Kentucky. He said there was parking up to feet 20 feet along Kentucky right before 13th Street and the sight distance was not great. He said there was a similar situation at 15th and Kentucky. He said he could see enforcing 20 feet or 30 feet, but 100 feet seemed like too much. He said where he was judging his distance, he could see halfway down the block. He said he could not support this recommendation.
Mayor Hack said she agreed because of the precedent setting nature. She said it would be nice if they could do that, but it would remove so much parking from the neighborhood and a lot of the neighborhoods need that parking.
Commissioner Chestnut said he agreed with Commissioner Highberger. He said he went down 10th Street to Allen Press everyday and it was probably 25 to 30 mph with the same line of site issues. He said if that was applied that to every block in East Lawrence, there would be no parking.
Moved by Amyx, seconded by Highberger, to deny the Traffic Safety Commission’s recommendation to establish “no parking” along the west side of Tennessee Street, adjacent to 21st Street. Motion carried unanimously. (26)
Commissioner Amyx said regarding the “no parking” on Oak Tree Drive, he suggested sending the matter back to the Traffic Safety Commission for further consideration and recommendation on widening the “no parking” area. He said since the City Commission was only considering a smaller portion in placing signs or not placing signs, he did not feel comfortable and recommended sending the item back.
Mayor Hack said she agreed and encouraged the school to continue to work with parents to see if they could adjust that behavior. She said it was a dangerous situation to have kids coming out into that street. She said there were ample areas to pick up children around Quail Run.
Moved by Amyx, seconded by Dever, to send the recommendation back to the Traffic Safety Commission for further discussion in establishing “No Parking on School Days” along the west side of Oak Tree Drive, adjacent to the school crossing at Vantuyl Drive, 3:30-4:00 p.m., Monday through Friday, and 2:00-2:30 pm on Wednesday. Motion carried unanimously. (27)
Consider adopting Resolution No. 6718, authorizing the Mayor to execute City-State Agreement 242-06 with the Secretary of Transportation for the construction of 31st Street, Haskell Avenue to O’Connell Road and authorize the distribution of Request for Qualifications for professional engineering services for the construction.
David Corliss, City Manager, said the City was the recipient of the congressional earmark in the amount of $800,000 for road improvements along 31st Street corridor between Haskell and O’Connell. He said with that money, staff wanted to retain an engineering firm for a preliminary design on the project and also begin the acquisition of right-of-way so once the corridor was established, the City could acquire right-of-way.
He said the City Commission would see that project when looking at all the capital improvement budget items in making determinations as to whether or not any portion of the project would be moved forward. When the City received a federal earmark in surface transportation issues, it would go through the Kansas Department of Transportation and the money did not come directly to the City, but went through KDOT. The City worked with KDOT on those types of projects even though it was not a state highway.
He said Chuck Soules, Public Works Director, had been in contact with KDOT and an agreement was needed with KDOT as to how those funds would be expended. He said the City Commission had the necessary documents to formalize that relationship. He said with those types of projects staff would then request proposals from transportation engineering design firms to help staff in that scope of the project.
Soules said at this point the earmark did not have any restrictions, but typically with federal and state funds the City was not allowed to use those funds for preliminary or design engineering or right-of-way, but these funds came with no stipulations. He said the corridor needed to be preserved before anything developed. He said there had been a 31st Street corridor study several years ago in 2003 and was on the web if any of the Commissioners would like to see that study. It was an important east/west connecting street the City of Lawrence really needed, regardless of other improvements that might happen at some point in the future.
Commissioner Highberger asked if this was just for engineering and assumed there would be the opportunity for public hearings for the other parts of the project.
Soules said he envisioned, with this project, interviewing consultants and coming back to the City Commission to find out what the City Commission’s goals were for that section of highway before embarking upon any preliminary design and would have public hearings and other discussions. He said he was looking at a rural type section with two lanes, open ditches, capabilities to expand in the future, which was why the corridor needed to be reserved. He said a road should be constructed that could be used for many years and something that could be expandable if needed.
Commissioner Chestnut said in thinking of the future, after this phase was completed, he asked how the project would proceed as far as funding as they moved ahead as far as who shared what and when.
Corliss said that was a good question staff did not have definitive answers just yet and the City would be looking for partners for this type of project because of the estimated cost. He said it was a mile of street, whether it was a rural section two lane road or something larger, it was going to have a very expensive price tag and the City would be looking for partners at the federal, state and county levels. He said he did not think that it was likely the City would be successful in establishing a special assessment benefit district to pay for this road section. The Prairie Park Neighborhood was an established road and did not know if they forecasted their financial participation on this type of road. Whether there were agreements not to protest benefit districts or not, it would come as a disappointment to many of those property owners if they would be asked to participate. He said when going to the property to the south, after passing 31st Street and Haskell intersection, there was farm land and in many cases land that was not likely to see a lot of urban density development, so the City was not likely to see a return on special assessments with any kind of development. It was farm land and he would not blame the farmers for not wanting to pay for urban streets. He said the point was the City did not have special assessment financing as an opportunity so the City would be looking for taxes whether it was at the federal level, such as another earmark. He said it was not likely the City would receive an earmark for a large project and it would not be part of the state highway so state funding was not likely to happen. It would probably be city and county funding, but he had not talked to the county about it. He said what the City needed to make those initial steps to see if it was a road worthy of improving and right-of-way the City could acquire.
Commissioner Hack said they knew with the corridor study, the recommendation was to complete this as a part of the City’s grid system and knew without proceeding in some way, the $800,000 sat and it did not put asphalt on anything, but simply moved them forward to completing the grid system that they knew ultimately had to be finished.
Commissioner Dever said those funds might be used to acquire right-of-way and asked how much money would be taken up by that process.
Corliss said he wanted to put as much of the money in to acquiring right-of-way as opposed to actual engineering plans. The concept determining its scope and context made sense for how much right-of-way the City wanted to acquire. He would be disappointed in spending a lot of money on plans, not able to buy a lot of right-of-way, and the project sat for a number of years. It was his observation when coming back in three or four years and wanted to build, someone would want to redesign it again and the City would not have spent that money wisely. He said if the City could spend half of those funds in design and get a good corridor study and alignment and spend the rest of the money on right-of-way acquisition that would be good.
Commissioner Dever asked if there was any restriction on returning the funds if the City did not move forward with the process.
Corliss said if the City did not use the federal funds, it would be un-obligated and would go back with the Federal Highway Administration and there would be a long line of people that would be after those funds. He said the City could not sit on those funds indefinitely.
Commissioner Dever said if the City took the money, was the City obliged to build the road.
Corliss said no. If the City Commission did not believe the City wanted to build the road, then the project should be stopped. If the City did the work on design and acquired any right-of-and for some reason whether lack of funding or the Commission decided they did not want to proceed with it, there was no obligation to send the money back, it would be what it was.
Commissioner Amyx said the stretch of 31st Street to 1057 Road was another part of the grid system the City Commission needed to address. In considering the east/west traffic movement south of 23rd and K-10 Highway, it would be an important piece with any type of movement of traffic. He hoped there would be a way with the rebuilding of 31st Street, of what could have been the South Lawrence Traffic Way between Haskell and Louisiana Street would be something that could be considered at some point because given the opportunity to purchase a permanent easement on 31st Street along with helping friends at Haskell and the various organizations was an extremely critical way to go and was probably an item to talk about in the future.
Mayor Hack called for public comment.
Mike Caron, Lawrence, said he was sure everyone was aware the 32nd Street version of the trafficway had not been approved at this time, because they were waiting for the Federal Highway Administration to make their decision about whether moving on to federal courts, or whether this issue died of a natural death. He said it was clear the route of the trafficway was not going to be settled any time in the near future. He said whether going to litigation or not, there was going to be a long period before that route was really determined. He said trying to design 31st Street when the current 32nd Street route was so integrally involved with a realignment of 31st Street and realignment of Haskell Avenue and so on it seemed that they were in a very difficult position to justify spending a lot of money on design that was clearly an extreme window. He said he did not see how the City Commission justified spending money to design something that had that degree of uncertainty right up front. There was a tremendous difference on how that road would be designed depending on whether the 32nd Street version of SLT came into being. He said if that were to happen and 31st Street was moved into the wetlands as a full lane road and Haskell Avenue was diverted way out, that brought on an incredibly different alignment of 31st Street. For instance, if the Federal Highway Administration came out the day after tomorrow and said they could not allow the 1.5 million that Senator Roberts has earmarked to be used, he said that road was essentially dead until the legislature could fund the road which would be at least in 2009. It was extremely dependent upon the litigation in 2009.
He said when Senator Roberts earmarked his money that was federal money going into the road and all type of questions came up about how things were federalized. With Congressman Moore’s $800,000, if this was impacted far more directly on Haskell’s land itself because the right-of-way going across Haskell property was an integral part of that 31st Street design plan. He said that was written at the time where there were no federal dollars and now there would be. He asked if this would bring in federal oversight of this project in ways that were similar to what happened with the SLT since it had been re-federalized.
Corliss said as he understood, this project was the 31st Street corridor between Haskell and O’Connell and was not west of Haskell which was the language in the earmark. They would obviously need to follow any applicable federal laws that would pertain to the use of those funds and to that extent there was a similarity as there would be a similarity in any other federal funds. He said there was no designation in this earmark for anything west of Haskell.
Commissioner Highberger said he thought the question was did this require an environmental impact study.
Corliss said it probably will. He said there were environmental concerns on the 31st Street corridor between Haskell and O’Connell because there was Mary’s Lake and Prairie Park. He said he did not want to speak definitively about wetlands in that area, but it would be part of the review and probably why there would be expense involved in those items, but he did not know exactly that relationship, but no roadwork was being done west of Haskell.
Soules said in looking at the 31st Street study, regardless of what alignment the SLT might or might not take 31st Street take, 31st Street in that section had similar alignment. He said if that road was not built, it would probably need four lanes sometime in the future and if the road was built, they might be able to get by with a smaller facility. He said it might be okay with that alignment on that section of the road. He said the SLT might potentially cross or tie into 31st Street, but they were not going out that far, only from Haskell to O’Connell and that was all they could work on. He said they could feel fairly confident with the alignment issues.
Mayor Hack said those were two separate projects. The SLT whichever route that ended up being with the Federal Highway Administration decision, was one thing but this was completely different. She knew they knew there would be environmental challenges and things to work through.
Caron said the SLT plan that was approved by KDOT, intimately involved 31st Street and explicitly involved tearing out 31st Street where it currently existed and placing it in the wetlands as a four lane road that would align differently with Haskell Avenue because Haskell Avenue would also be torn out and realigned to the east. He said there was very definitely a 31st Street component to traffic that was planned as it existed.
Corliss said that would be one of the challenges in any of the preliminary design work as to a road would be designed, knowing what they knew about the SLT. He said there might be any number of different issues that were associated and it might be found, early on, one of the scope issues, in that process, was if they found out that no one could make intelligent choices about a 31st Street alignment between Haskell and O’Connell given what they knew about the SLT, then they would pay for work to date and advise the Commission to shut it down. He said they did not want to wait if they had the opportunity to improve the grid system, improve east/west traffic flow, and it was essentially neutral as to what happened to the SLT. There was funding issues with the SLT and there might or might not be legal issues. He said he did not doubt those things, but they had the opportunity to perhaps improve an east/west traffic area and if they could proceed, they would. He said it would need those other moving parts as well, but they would try and make that work.
Caron said it was important for the City Commission to recognize, but if the SLT died and the 31st Street was the primary in going forward in the near future, the City would be faced with something that could either be incredible acceleration and expansion of the battles that had gone on or it could be an opportunity to find common ground and do something very well. He said if a defacto trafficway was being jammed down the City’s throat, he guaranteed the community would rise up and be split badly. He said if a true arterial was placed in there with deep thinking about how it could be done in ways that preserved Haskell’s interests and protected the wetlands, and truly created something that was not a barrier, there were ways this could be done, but the way it was approached and the attitudes were going to make all the difference in the world. He said he did not believe there was any talk at all about getting Haskell involved at this point because it was not touching Haskell and Haskell did not need to be involved, which he thought was a mistake.
Commissioner Dever said he hoped they were not talking about anything regarding a defacto SLT. He said he thought they trying to approve an opportunity to move at least a mile east and west off of 23rd Street which was a mess and there were a lot of people who had moved into that neighborhood and thought it was important to provide them a safe alternative to move west, even if it was just to Haskell and off of the grid, which was 23rd Street. He said he was not sure if there was money, time, or opportunity to do anything more, but it was a great opportunity to think forward and differently than an SLT if it was how they needed to go. He said to ignore it and shy away from the funds, he did not think they would be doing their job and no one had any other intention than taking that money and having an alternative to gridlock on 23rd Street every day.
Commissioner Chestnut said regardless of what happened with the SLT, design work would be needed on 31st Street on that corridor. They would want to explore what options were available and understand whether it was a two lane road, a four lane road, whether the SLT went in or not, they had to look at the mile stretch and figure out what they were getting into as far as environmental issues and possible alignments. He said he agreed with spending less of the money on design and more on right-of-way because the early design work was going to be very “iffy” because there were so many other variables involved. The more ability the City had to acquire right-of-way, gave the City more options to react to whatever happened in that SLT.
Corliss said that money needed to be maximized and it would be necessary design work and Haskell should clearly be involved. He said the other thing this Commission had discussed was the Southeast Area Plan and development had been approved east of O’Connell, and the City was cooperating with the County for sanitary sewer improvements east of O’Connell so there could be additional growth in that area. He said it was making an additional east/west connection in this community important and this was the place to look and see whether or not a good road would be in appropriate context of all other things if they could be achieved.
Karen Heeb, property owner on the south side of 31st Street, the extension beyond O’Connell over to Nora Road said everyone felt it was inevitable that 31st Street was going to come through to O’Connell at some point. She said they wanted to be considered and consulted about how the extension from O’Connell to Noria would be handled in discussing the development that was approved east of O’Connell.
Mayor Hack said Heeb could be assured that nothing would happen without a lot of conversation and input to make sure that when and if those roads were finished, they would be done right.
Commissioner Amyx said he agreed. He said everyone could rest assured the discussions would involve everyone in any type of extension to that roadway.
Commissioner Highberger said he would not elaborate his feelings about the SLT, but regardless of what happened with the SLT, this was a necessary part of this City’s future street network. He said the design would be critical and if the street was designed right, it could be designed so it was not a defacto trafficway, it minimized the impact on Haskell, and the wetlands as it would feed into the existing 31st Street. He suggested a boulevard design for this roadway depending on the level of traffic that was projected. He said he thought they needed to proceed.
Moved by Amyx, seconded by Dever, to adopt Resolution No. 6718, authorizing the Mayor to execute City-State Agreement 242-06 with the Secretary of Transportation for the construction of 31st Street, Haskell Avenue to O’Connell Road and authorize the distribution of Request for Qualifications for professional engineering services for the construction. Motion carried unanimously. (28)
PUBLIC COMMENT: None.
FUTURE AGENDA ITEMS:
|
5/01/07 |
· Discussion of land use items at the northwest corner of 6th and Wakarusa |
|
05/15/07 |
· Mayor Hack plans to be absent from the meeting. · Public Hearing on special assessment benefit district hearings for improvement/construction of George Williams Way north and south of West 6th Street |
|
TBD
|
· Salvation Army Site Plan and Rezoning; · Retail Marketing Analysis Code provisions · Neighborhood Revitalization Act proposals for target neighborhoods and downtown; NRA policy statement |
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5/01/07 |
· Discussion of land use items at the northwest corner of 6th and Wakarusa |
(30)
COMMISSION ITEMS:
Moved by Amyx, seconded by Chestnut, to adjourn at 8:50 p.m. Motion carried unanimously. APPROVED
_____________________________
Sue Hack, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1. Bid – One compact pickup for Utilities Dept to Shawnee Mission Ford for $22,355.
2. Bid – One ˝ ton pickup for the Finance Dept to Shawnee Mission Ford for $16,913.
3. Bid – Painting Pump Station No. 6 for the Utilities Dept to J.F. McGivern for $49,100.
4. Bid – One 4x4 Extended Cab Compact Pickup for the Utilities Dept to Shawnee Mission Ford for $17,272.
5. Bid – One ˝ ton pickup with tommy lift tail gate for Utilities Dept to Shawnee Mission Ford for $17,097.
6. Bid – One ˝ ton cab & chassis for Public Works Dept to Laird Noller Ford for $15,597.
7. Purchase – Badger transmitters & Orion Software for Finance Dept to Midwest Meter for $21,500.
8. Bid Date Set – Comprehensive Rehab Program , 2205 Learnard, 639 Missouri, & 320 Crestline on May 15, 2007.
9. Bid Date Set – Painting & Caulking outdoor pool, May 29, 2007.
10. RFQ – Waive bidding for Wakarusa Water Reclamation, 4 Seasons facility, conveyance project.
11. Ordinance No. 8102 – 1st Read, Sertoma Club sale & consumption alcoholic beverages, Broken Arrow Park, May 11th & 12th
12. Ordinance No. 8103 – 1st Read, condemn Lot 1, Block 1, Lewis Sub (2300 Louisiana).
13. Ordinance No. 8101 – 1st Read, amend name & mission of Recycling & Resource Conservation Advisory Board.
14. Project Agreements & RFP – Historic Preservation Fund Grant for Downtown Guidelines, S Mass Street Survey, & Design Review Intern.
15. Signs of Community Interest – Collegiate Cycling Road Nat’l Championships, May 13.
16. Signs of Community Interest – Lawrence Homebuilders Assoc, April 28 – May 6.
17. TSC – School Crossing, 15th & Engle to pedestrian crossing.
18. Resolution 6720 - Support & Admin for the Lawrence Safe Routes to Schools.
19. License Agreement – Freenet, designated traffic control equipments.
20. Agreement – Freenet, install communications equipment on Harper St Water Tower.
21. Advisory Board Commissioners appointments.
22. City Manager’s Report.
23. Lawrence/Douglas County Health Dept Report.
24. 2007 Action Plan of Consolidated Plan
25. TSC – Deny traffic control changes at rec path crossing at Sawgrass Dr.
26. TSC – Deny “no parking” W side of Tenn.
27. TSC – Send back request “no parking school days”, W side of Oak Tree Dr.
28. Resolution No. 6718 – City/State Agreement, 31st , Haskell to O’Connell.