September 11, 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 present. Commissioner Highberger was absent because he was in Eutin, Germany, one of Lawrence’s Sister Cities.
RECOGNITION/PROCLAMATION/PRESENTATION
With Commission approval Mayor Hack proclaimed the week of September 9 – 15, 2007 as “Suicide Prevention Week”; proclaimed September 16, 2007 as “Clyde Bysom Day”; proclaimed the week of September 17 – 23, 2007 as “Constitution Week”; proclaimed September 19 – October 14, 2007 as “Read Across Lawrence Weeks”; and proclaimed the month of September as “Life Insurance Awareness Month”.
CONSENT AGENDA
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve the City Commission meeting minutes of August 28, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve the Bicycle Advisory Committee meeting minutes of May 15, 2007 and June 19, 2007. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve claims to 711 vendors in the amount of $12,693,982.97. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve the Drinking Establishment License for Louise’s Bar Downtown, 1009 Massachusetts Street; Zig and Mac’s 2, 1540 Wakarusa Ste: L; and Lawrence Community Theatre, 1501 New Hampshire. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to concur with the recommendation of the Mayor and reappoint Stephen Lane and Marjorie Blaufuss and Jamie Lowe and Micah Kimball to the Board of Zoning Appeals to terms which will expire September 30, 2010; reappoint Gary Hale to the Jayhawk Area Agency on Aging to an additional term that will expire September 30, 2010; and reappoint Marci Francisco to the Neighborhood Resources Advisory Committee to an additional term which will expire September 30, 2010. Motion carried unanimously.
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to set a bid date of September 25, 2007, for the North Iowa Street Sanitary Sewer Relocation Phase I Project CS07-08. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to place on first reading Ordinance No. 8158 rezoning (Z-11-28-06) approximately .954 acres from RS10 (Single Dwelling Residential) District to RS7 (Single Dwelling Residential) District, located at 523-543 Rockledge Road, Lawrence, Kansas. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to place on first reading Ordinance No. 8154, text amendments (TA-06-11-07, TA-06-12-07, TA-06-13-07), to Sections 20-218, 20-403, 20-1305 and 20-1307 of the Development Code, Chapter 20 of the Code of the City of Lawrence. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve the site plan (SP-11-85-06) for improvements to the Poehler building and associated parking and roadways, located at 619 East 8th Street, subject to the following conditions:
1. The site plan shall be revised to reflect the following changes:
a. Removal of the note: “Delaware Street per future public improvement package”.
b. Removal of the note: “Lot 4 and Lot 5 boundary limits”;
c. Removal of “future” from the following note: “Future street tree species per 700 East 9th building site plan”;
d. Inclusion of a note which clarifies that the second floor space will be utilized for either residential or office, not both.
2. Submittal of a full set of Public Improvement Plans to the Public Works Department for all infrastructure items.
3. Approval of the site plan (with all conditions met) by the Historic Resources Commission prior to release of the site plan to Neighborhood Resources for building permits.
4. Recordation of the 8th and Pennsylvania Street Neighborhood Redevelopment replat at the Register of Deeds’ Office prior to release of the site plan to Neighborhood Resources for building permits.
Motion
carried unanimously. (4)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve the
site plan (SP-07-59-05) for sidewalk dining for Local Burger Restaurant located
at 714 Vermont Street, subject to the following conditions:
1. Compliance with the Historic Resources Commission conditions of approval.
2. Provision of an Agreement Not to Protest the Formation of a Benefit District for Streetlight Improvements.
3. Provision of an approved sidewalk dining license from the City prior to occupying the public right-of-way per Chapter 6-1202.
4. Execution of an agreement with the City of Lawrence for use of the right-of-way per Chapter 6-12.
Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve request for a variance to section 19-214B of the City Code for 516 Lyon Street to allow placing a private sanitary sewer service line in the public right-of-way. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve increase in cemetery rates. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Chestnut, seconded by Amyx, to approve as signs of community interest, Friends of the Library Book sale signs from September 28 through October 6, 2007. The signs will be the size of a garage sale sign and will be placed between 6th and 9th Streets and between Massachusetts and Tennessee Streets. Motion carried unanimously. (8)
CITY MANAGER’S REPORT:
During the City Manager’s Report, David Corliss said regarding the litigation concerning Memorial Park Cemetery, staff provided the City Commission with a status report. He said staff was not pleased with the progress to date and were discussing options to move this issue along.
He said the City’s Police Department received a Justice Assistance Grant to be used to enhance forensic capabilities.
Also, the Lawrence Tennis Center needed repair or replacement, but the City did not have the funds for the full reconstruction and staff was communicating with the School District regarding repair or replacement.
He said regarding the Neighborhood Revitalization Act Plans, staff was meeting with stakeholders and would have an update to the City Commission in the early fall for approval as a 2008 program.
He also indicated that City staff partnered with Alcohol Beverage Control and the Regional Center of East Central Kansas in a workshop to offer area alcohol retailers ideas in reducing underage drinking.
A memo was provided to the City Commission identifying the City’s bridge structures and City’s responsibilities. He said Matt Bond, the City’s Stormwater Engineer, worked for the Kansas Department of Transportation as a bridge engineer and the City was fortunate to have Bond as a staff member.
Finally, he said staff provided information regarding Fine Arts Funding.
Mayor Hack said the workshop for underage drinking was well attended and she had heard positive reports on that effort.
Commissioner Amyx said regarding the Memorial Park Cemetery, he asked when the City would receive a response to the petitions that were filed.
Toni Wheeler, Legal Services Director, said she checked the court filings and the Attorney General’s Office filed a petition in late July. The defendants lived in the State of Texas and the Attorney General’s Office was waiting to receive service of process on those defendants and once that was achieved, they had 20 days to file their answer and assumed the City would be receiving a response soon.
Commissioner Amyx said once that service of process was received and the 20 days were up, he asked much longer would the process take.
Wheeler said after the answers were filed, there would be an opportunity for discovery to occur and both sides could exchange interrogatories. She said it was looking like several months before additional action was seen.
Commissioner Amyx asked if the reluctance on the part of the Attorney General to go into a settlement agreement was in place of going through the discovery and court cases.
Wheeler said when the new Attorney General took office he was surprised the previous Attorney General did not conduct a thorough audit of the records that were on site. She said an audit was one of the first things he wanted his staff to look at. She said after all the information was reviewed, the Secretary of the State’s Office would forward that information to the Attorney General for recommendations and would be in a better position to evaluate the settlement offer that was pending.
Commissioner Amyx said since the City was given the authority to sell burial spaces at Memorial Park, he asked if the City was able to retain that money for maintenance purposes.
Corliss said the City did not sell merchandise such as vaults, caskets or headstones, but sold lots and provided the service of openings and closings. He said the owner of Memorial Park Cemetery sold merchandise and allegedly did not reserve the money for the eventual service and that was one of the issues the State was handling from a Consumer Protection standpoint.
He said as a Municipal Cemetery, the City retained the funds and also retained the liability and obligation to maintain that property in perpetuity. A private cemetery had a different responsibility to send some of that money to the Secretary of State’s Office and the owner had done some of that with Memorial Park Cemetery, but there was an accounting issue. He said the City was not able to tap into that permanent fund that was set aside for Memorial Park Cemetery in order to recover any of the City’s costs. He said when he briefed the City Commission on this issue six month ago, the City’s taxpayers were bleeding $10,000 a month to maintain Memorial Park Cemetery. He said staff was going to start selling plots in the cemetery even though the City only had a temporary receivership of the property, but staff would keep good records. He said the City needed to recover some revenue from that location. He said staff was adamant in their desire to access those permanent funds that were set aside for Memorial Park because some of that money was needed for maintenance. The Attorney General’s Office made a good point about saying some of that money needed to be available to provide some amount, a fraction on the dollar, for the services, headstones, vaults, and other things that were already sold, but could not be recouped. He said in all instances those property owners that bought lots in Memorial Park Cemetery were not going to recover the full value of what they put in.
He said the people who bought lots previously in Memorial Park Cemetery and paid opening and closing costs as part of their prearrangement the City Commission authorized staff not to charge those costs again. He said when those plot owners could point to a headstone or vault they purchased from the owner at that time, the City was not in that business and would not make up those costs by the fact the City was just in receivership of the cemetery. He said that was not a labor expense, but a material expense and staff made a decision, supported by the previous City Commission, not to proceed.
Commissioner Amyx said staff needed to be applauded for their efforts in repairing and maintaining Memorial Park Cemetery.
Corliss said not only was staff doing a good job, but doing that job with less resources because their part-time staff was significantly trimmed back as part of the budget reductions this year. He said he thought the City needed to continue a strong level of communication with the Attorney General’s Office to make sure appropriate attention was being paid because this issue was started in May 2005.
Mayor Hack said in a sense this issue acted as an unfunded mandate. She said hopefully this issue would be remedied, but the City would keep taking care of that cemetery.
Corliss said staff was not trying to walk away from that responsibility, but would like the issue expeditiously resolved and whatever was appropriate for the City to receive along with the maintenance funds, the title would be cleared up and then staff would deal with whatever the legal process provided.
Commissioner Chestnut said regarding the perpetual care fund which was now being held, he asked if Corliss had any concept of when that issue would be resolved.
Corliss said the perpetual care fund was part of the litigation.
Commissioner Chestnut said a portion of that money toward outstanding claims would probably be carved out and asked if staff knew how much money would be left.
Corliss said one fund was for perpetual care for the land which staff thought should come to the City, and also money set aside for services and the materials, but the City was not seeking any of that money and was trying to bolster that as much as possible so those that had the pre-need arrangements could receive as much, if not all, paid. He said staff had to counsel people, usually at difficult times, regarding the money they paid.
Commissioner Amyx said his questioning was a result of coming into contact with the citizens that had spent money for burial arrangements with the previous owner of Memorial Park Cemetery and he wanted those citizens to understand the City was taking responsibility, if those people had some type of documentation they paid for their opening and closing.
Wheeler said there was a toll free phone number posted on the Attorney General’s website for the Consumer Affairs Department.
Mayor Hack said she wanted to congratulate Toni Wheeler, Director of Legal Services; Barry Walthall, Codes Enforcement Manager/Neighborhood Resources; and Officer Trent McKinley, Lawrence Police Department, who were the new members of the Leadership Lawrence Class of 2008 which was the City‘s 25th class. (9)
REGULAR AGENDA ITEMS:
Conduct bond and note sale.
Ed Mullins, Finance Director, said things were somewhat different this year because typically 10 bids would be received for temporary notes and 3 to 4 bids for general obligation bonds, but this year was visa versa which showed the market was in somewhat of a turmoil at this point. He said the rates were good and it was amazing the City could borrow money at 3.7 percent for one year and 3.7 for 12 years which was a flat yield curve. He said staff was asking the City Commission to adopt the two resolutions and an ordinance on an emergency basis for first and second reading, and authorize the sale of the notes and bonds.
The low bidder for general obligation bonds was LaSalle Financial Services out of New York at a True Interest Cost of 3.769184% and the low bidder for temporary notes was Janney, Montgomery, Scott, at a Net Interest Rate of 3.658948%.
David Corliss, City Manager, asked Mullins what the City was getting for Certificate of Deposits.
Mullins said anywhere from 5.2% to 5.3%.
Mayor Hack called for public comment.
After receiving no public comment, the City Commission reviewed the bids for General Obligation Temporary Notes, Series 2007-I. The bids were:
BIDDER Net Interest Cost ($) Net Interest Rate (%)
UMB $397,070.83 3.718085%
Wells Fargo $404,376.03 3.78648%
Janney, Montgomery, Scott $390,757.83 3.658948%
Moved by Amyx, seconded by Chestnut, to award the bid to Janney, Montgomery, Scott for the Net Interest Cost of $390,757.83 and a Net Interest Rate of 3.658948%. Aye: Amyx, Dever, Chestnut, and Hack. Nay: None. Motion carried unanimously. (10)
The City Commission reviewed the bids for General Obligation Bonds, Series 2007-A. The bids were:
BIDDER True Interest Cost (%)
La Salle Financial 3.769184%
Hutchinson Shockey, Erley 3.769588%
Piper Jaffray 3.777715%
First Trust Portfolios 3.793068%
George K. Baum & Co. 3.802859%
Stern Brothers & Co. 3.806252%
Stifel Nicolaus, Hanifen Imhoff Div 3.80827%
UBS Securities LLC 3.822734%
Merrill Lynch & Co. 3.838455%
Wells Fargo Brokerage 3.854175%
Moved by Amyx, seconded by Chestnut to award the bid to LaSalle Financial Services, Inc. for a True Interest Cost of 3.769184%. Aye: Amyx, Dever, Chestnut, and Hack. Nay: None. Motion carried unanimously. (11)
Moved by Amyx, seconded by Chestnut, to adopt Resolution No. 6736, authorizing and directing the issuance, sale and delivery of $10,225,000 principal amount of general obligation notes, series 2007-I, of the City of Lawrence, Kansas, providing for the levy and collection of an annual tax, if necessary, for the purpose of paying the principal of and interest on said notes as they become due, making certain covenants and agreement to provide for payment and security thereof; and authorizing certain other documents and actions connected therewith. Aye: Amyx, Dever, Chestnut, and Hack. Nay: None. Motion carried unanimously.
(12)
Moved by Amyx, seconded by Chestnut , to declare an emergency and adopt on first and second reading, Ordinance No. 8179 authorizing and providing for the issuance of $11,345,000 principal amount of general obligation bonds, Series 2007-A, of the City of Lawrence, Kansas; providing for the levy and collection of annual tax for the purpose of paying the principal of and interest on said bonds as the become due; authorizing certain other documents and action in connection therewith; and making certain covenants with respect thereto. Aye: Amyx, Dever, Chestnut, and Hack. Nay: None. Motion carried unanimously.
(13)
Moved by Amyx, seconded by Chestnut, to adopt Resolution No. 6737, authorizing and directing the sale and delivery of $11,345,000 principal amount of general obligation bonds, Series 2007-A, of the City of Lawrence, Kansas, previously authorized by Ordinance No. 8179 of the issuer; making certain covenants and agreements to provide for the payment and security thereof; and authorizing certain other documents and actions connected therewith. Aye: Amyx, Dever, Chestnut and Hack. Nay: None. Motion carried unanimously. (14)
Consider amendments to City/County Subdivision Regulations for TA-05-08-07 to address concerns identified in the March 1, 2007 work session with City and County staff.
Joe Rexwinkle, Planner, presented the staff report. He said this item was a series of text amendments to the Subdivision Regulations which were originally effective December 31, 2006. In March 2007, City and County staff met with County Commissioners to review a list of identified amendments to the Subdivision Regulations and those amendments were initiated by the County Commission in May. The Planning Commission considered those amendments on June 23, 2007 and voted to defer those amendments because of the complexity and structure of the language and felt it was difficult to read. As a result, staff formed a committee with three of the Planning Commissioner’s, Harris, Hird, and Eichhorn, and hopefully simplified some of that language bringing it back to the August mid-month meeting where the Planning Commission approved the amendments by an 8-1 vote. He said Planning Commissioner Moore voted against recommending approval because of concerns with existing conservation easement language which was existing language and not part of the amendment this time around. He said the County Commission approved the language on September 10, 2007 by a 3-0 vote.
He said most of the amendments pertained to subdivisions in the County and not within the City. However, there were some amendments that pertained to subdivisions in the Urban Growth Area (UGA) of Lawrence that might be of concern to the City Commission and those amendments were to provide an amendment procedure to approved subdivisions. Currently procedures could not be amended until the City annexed subdivisions. He said in Service Area 4, language was added so those procedures could be amended. Language was also changed to ensure consistency between the two subdivision procedures within the UGA and defined some terms throughout that would make it easier to interpret and understand the code.
Mayor Hack called for public comment.
After receiving no public comment, Commissioner Amyx said most of the language was clean-up language for interpretation that had been lost.
Moved by Amyx, seconded by Chestnut, to approve the amendments to City/County Subdivision Regulations for TA-05-08-07. Motion carried unanimously. (15)
Consider authorizing Mayor to execute City/State Agreement with the Kansas Department off Transportation for the reconstruction off a brick street, Ohio Street between 6th Street and 8th Street.
Chuck Soules, Public Works Director, presented the staff report. He said there was approximately 30 miles of brick streets, but most of those brick streets were covered in asphalt. He said brick street maintenance was difficult, time consuming, and expensive. At some point, staff would like to discuss those issues with the City Commission for their recommendation.
He said discussion about which streets were more significant with the neighborhoods and the Historic Resources Commission was needed. He said there might be some streets to salvage or it might be that because of the economics, replacing some of those brick streets with concrete or asphalt and use the bricks from those streets to restore some of the more important brick streets.
He said the current issue concerned Ohio Street between 6th and 8th Streets. He said staff had not discussed the issue with neighbors, but it was staff’s intention. He said the street would stay the same and the only difference was the street would be restored to brick.
David Cronin, Public Works, Project Engineer, said the project would begin approximately 50 feet south of 6th Street and bricking through 7th to 8th Street.
He said Ohio Street was built between 1903 and 1905 with two layers of brick and in 1997 the street was overlaid with asphalt. Overtime, the street has deteriorated and the brick was currently exposed in a few areas.
He said staff would peel off the existing asphalt overlay, remove the existing two layers of brick and stone curb and clean and salvage the brick. He said staff was estimating that 50% of the bricks would be salvageable to reuse for the new roadway. He said staff was estimating they would need to purchase an additional 170,000 bricks. Also, two storm sewer inlets would be replaced at the 7th Street intersection and there might be waterlines that need to be adjusted at the intersection of 7th Street in an alley. He said there would be no additional right-of-way needed for this project.
He said this proposed roadway would be similar to the existing street, the 31 foot width would be maintained, and the same grade would be kept. The construction limits would be limited to a few feet behind the back of curb with some light grading. He said staff would remove and replace the existing stone curb. The pavement would start out as a 9 inch flash subgrade, pour 6 inches of a concrete base, one inch of sand, and lay the brick.
He said this project was funded through the Transportation Enhancement Program by the Kansas Department of Transportation and the street was eligible for that funding because the street was in Old West Lawrence which was an historic neighborhood. He said in 2005 the City submitted an application to KDOT to restore this street back to brick and subsequently, KDOT has selected this project out of many to be part of the fiscal year 2008 Program.
This project would be funded 80% by KDOT and 20% by the City. The estimated cost of the project was $979,895 and $195,979 would be the City’s responsibility. He said the design and inspection would be done by the City and this project was in the 2008 Capital Improvement Plan.
Currently, the project plans were 50% completed at the field check stage and KDOT had reviewed the plans. Staff was planning to meet with the neighborhood in late September or early October. At that time, traffic control would be discussed along with construction phasing. There were some areas where the hitching post and stone walkways needed to be removed and replaced, but staff would discuss those improvements with the neighborhood. He said the project would cause minor inconvenience to the property owners along that street, but the property owners would have access behind their homes. The final plans would be completed by November and staff anticipated to bid the project in December, but most likely in January. The construction staging would happen in three phases of street closures. In the first phase, 6th to 7th Street; second phase, 7th and Ohio intersection; and third phase, 7th to 8th Street. He said the project would be completed in 6 months.
He said returning the street back to brick would provide a more aesthetically pleasing environment for the neighborhood, provide a long lasting surface, would be stable and durable with a properly constructed base, minimal maintenance, and acted as a natural traffic calming device.
Commissioner Amyx asked if the maintenance requirement for a brick street was more.
Corliss said when staff did the 700 block of Mississippi seven years ago minimal maintenance was reported so far and that brick street was doing very well.
Commissioner Amyx asked what the cost would be if the Commission chose not to use brick, but to construct the street by today’s asphalt standards.
Cronin said the cost for a block would be approximately $300,000. He said the brick street would probably be more, but as far as the life cycle by using brick, over 40 to 60 years not as much maintenance would be needed.
Soules said that road was selected because of its condition and because of the well maintained properties adjacent to that road.
Commissioner Amyx said the brick street would cost approximately $200,000 and $300,000 was already budget for this project. He said the money was in place and the City actually had a savings for once.
Corliss said there might be other projects where the City might be a little thin on its capital budget such as North 2nd and Locust. He said one of the other things he thought was of value was the Commission had placed emphasis on some enhanced ability to do design in-house. He said there were a number of brick streets within the community that this Commission would have a question about how the City Commission was going to respond to their maintenance issues which needed to be recognized because it was an important value to the community and to those neighborhoods. He said there was also a cost element involved and life cycle cost.
Mayor Hack said concerning the historical magnitude of that neighborhood and other older neighborhoods, she asked if grant money from KDOT came along very often. She asked if there were other sources of funding from a historical perspective to get money to do those types of improvements which were important to the history of the community and she would hate to see those streets covered in asphalt.
Soules said KDOT had a Transportation Enhancement Program available once a year and staff tried to leverage funds when they could. He said this year staff would be looking at the Burroughs Creek Trail. He said that grant was a competitive grant process and all communities across Kansas compete for those brick street projects.
Cronin said this year there were 61 applications.
Vice Mayor Dever asked if KDOT paid the City for engineering services as part of this project and the work that staff did was included in the budget.
Corliss said if the City did not have Cronin’s expertise and the City had to go for a higher design, the City at large would pay the entire cost.
Soules the City was always responsible for design, right-of-way and utilities if there were any cost for all the KDOT projects. He said this project at a million dollars would probably cost $75,000 to $100,000 in engineering design work. He said staff was able to claim inspection costs and that was an 80/20 cost split.
Vice Mayor Dever said the City was recycling bricks and asked if staff used a first or second course.
Cronin said he was not sure about the courses, but they would probably use the top course where those bricks probably had not been down in the mud. He said a 50% estimate for recycling bricks was conservative because it might be more. He said there was leeway in the cost of the project if they needed to buy additional bricks.
Vice Mayor Dever said from a construction and material standpoint, he asked if there were different varying composition of those bricks. He said if there would be any issue in reusing those bricks and would staff need to maintain those brick street more because they were reusing bricks.
Cronin said he did not think there would be any additional maintenance using reused bricks.
Mia Wyle asked about the age of the hitching posts and curb sides and if it would change the cost if those things were preserved.
Cronin said staff would be preserving all of those hitching posts.
KT Walsh, Lawrence, said 10 years ago the East Lawrence Neighborhood Association had set a goal to go back to the original brick streets in their neighborhood. Their goal was to uncover the brick that was part of the original townsite which would be all the way east to Delaware Street.
She said she was happy to hear about the issues and challenges restoring the brick streets because it was frustrating in their neighborhood when waterline project chopped into their brick streets and cement was slapped in. She said they would like to be in on that discussion about setting policy.
Mayor Hack said they were always looking at ways to accomplish what was best for the neighborhoods and at the same time be able to afford those projects.
Vice Mayor Dever said Walsh brought up a good point in that it was not the actual installation of the streets that would cost a lot more, but when doing those small projects, the replacement of the brick and its manual labor. He said a lot of time asphalt or concrete was thrown in. He said there were some increased costs associated with owning brick streets it was not just maintenance for normal wear and tear.
Moved by Amyx, seconded by Chestnut, to authorize the Mayor to execute a City/State Agreement with KDOT for the reconstruction of a brick street on Ohio Street, between 6th and 8th Streets. Motion carried unanimously. (16)
Consider alternatives to the formation of a benefit district for the improvements to the intersection of 6th Street and George Williams Way.
Chuck Soules, Public Works Director, presented the staff report. He said in May 2007, the City Commission approved a benefit district which included half of the signalization of the intersection, right-turn lane southbound, geometrics/widening of George Williams Way to six lanes and a roundabout at Ken Ridge Drive. The benefit district included Diamondhead Development with no City participation. He said the City received a protest petition regarding the formation of that benefit district.
He said staff brought to the Commission a second benefit district which included signalization, right-turn lanes off 6th Street both north and south onto George Williams Way. The benefit district was split 50% to the north side of 6th Street and 50% to the south side of 6th Street. He said with this option, additional improvements were needed to George Williams Way south of 6th with the development of Diamondhead.
He said another option included the signalization of 6th Street and construction of a roundabout at Ken Ridge Drive. The north side was already included in a benefit district for George Williams Way with improvements to Overland Drive and there would not be any widening of GWW. This benefit district would be the Diamondhead Development and the costs per tract was split 50% to the north and 50% to the south, and then by square footage. Another option was to spread the cost 100% by square footage to the entire benefit district.
Commissioner Amyx said when this benefit district was discussed previously Diamondhead wanted to only include the commercial portion.
Soules said when the benefit for George Williams Way was discussed it was staff’s understanding that Diamondhead only wanted to include the commercial portion. He said Diamondhead did not believe they had full control over the other areas because they sold a lot of those lots.
Commissioner Amyx said in looking at the amount of retail space available and requiring all those improvements on the north and south side of GWW and with the Diamondhead’s portion being 190,000 square feet and to the north 184,000 square feet, there was less retail on the north than on the south. He said the improvements designed were based on decisions by the present and former City Commissions because of the commercial traffic going through that intersection in every direction.
Soules said typically that was what the Traffic Impact Study indicated. The commercial areas had the largest volume of traffic.
Commissioner Amyx said Soules was following City policy and the benefit district would be paid for on a front footage basis, but when looking at the retail portion of the benefit district which was the one requirement for the improvements of that intersection, the retail portion was the traffic generator and the City should stick with their policy in this case.
Commissioner Chestnut said regarding the traffic studies, it was important to note that when the traffic studies were done, the southbound traffic on George Williams Way was looked at going past 6th Street and the models showed that would be a low percentage of the total traffic coming out that way. He said based on what came up the last time there seemed to be some predictors that traffic flow through 6th Street intersection, southbound on GWW would be minimal. He said starting with the commercial development which would be a low traffic count and everything else behind that area would be greater.
Soules said that was correct.
Mayor Hack said that meant the roundabout was not as critical right now.
Commissioner Chestnut said he did not think so, but depending on how this entire situation laid out and what happened to the development south, he thought the City Commission had a responsibility to make sure they were sensitive to possible shorter term, low cost, traffic calming if that became an issue, but based on modeling it did not appear to be an issue.
Mayor Hack said if the actuality changed from the modeling, then the Commission would need to deal with that issue at that point.
Commissioner Amyx said if it was Commissioner Chestnut’s suggestion that the City Commission require the future improvements to GWW to the south once development occurred on the commercial property.
Commissioner Chestnut understood that idea would need to happen and he agreed with that timing.
Mayor Hack called for public comment.
Price Banks, Attorney on behalf of Diamondhead LLP, said first of all Diamondhead did not disagree with the improvements or the benefit district, but Diamondhead did not believe any of the proposal so far had been fair and equal. He said the Diamondhead traffic report showed that phase 1 of the Diamondhead development did not need the signal at all. He said Diamondhead had cooperated with the City from the very beginning when the land was acquired. He said a waterline was provided which would serve properties to the north. Diamondhead was in a sewer benefit district which would sewer properties to the north and they received no compensation for their dedication of GWW. In addition, when the City was building the roundabout at Harvard Road and GWW, Diamondhead donated the fill for that project. They believed that everyone on all four corners ought to be treated equally and if there was going to be one benefit district, the benefit district should be set up by a square footage basis and the square foot assessments should be equal for each of the properties.
Mayor Hack asked staff if, depending on the direction from the City Commission, whether the process needed to start over with an additional public hearing.
Corliss said the City Commission could reduce the size of the benefit district, but could not enlarge the size without starting the process over. He said if the scope of the project would be changed substantially they would need to start the process over.
Commissioner Amyx said it was important to note, in the particular case, the reason those improvements were being required at that intersection which had to do with the amount of commercial retail space that was allocated to both the north and south sides of 6th Street. He said all things considered equal, he thought it should be a 50/50 split because the amount of retail was the same north and south of 6th Street. He said he would look at the ultimate build-out and was important in requiring that signalization and those improvements on GWW south. He said he supported the staff recommendation.
Commissioner Chestnut concurred and supported staff’s recommendation. He said frontage was a criteria, but also based on the split that was what they understood was the case of what was allocated on both sides of the street and seemed equitable.
Vice Mayor Dever said he agreed and when taking into consideration the subdivision of the parcel, over time, Tract 1 currently had never been subdivided and the owners of several tracts of land down the south side of the road chose to subdivide and sell off that land over time and thus making the lots smaller and making the split to not look even. He said initially it seemed reasonable to consider, but then he looked at the history and thought it was fair to continue to do things the same way.
Mayor Hack said benefit district were always a challenge because each one was created differently and had different components, but there was a precedent to form the benefit district with staff’s recommendation.
Moved by Chestnut, seconded by Amyx, to direct staff to form the benefit district and proceed as staff recommended in the August 21, 2007 staff memorandum as presented at the August 28th City Commission meeting. Motion carried unanimously. (17)
FUTURE AGENDA ITEMS:
|
9/18/07 |
● Meeting cancelled |
|
9/20/07 |
● Short meeting beginning at 9:00 a.m. followed by general discussion of state and federal legislative issues. |
|
11/20/07 |
Vice-Mayor Dever plans to be absent. |
|
TBD |
● Chapter 7 of Comprehensive Plan (Industrial Chapter) ● Staff reports on Sales tax options, Intangibles Tax and Impact Fees ● Federal Legislative Statement (in anticipation of delegation visit to federal legislators in October) ● State Legislative Statement ● Downtown Redevelopment Issues (public procedures and financing options) ● Commission and public discussion on goals for 31st Street corridor (Haskell Avenue to O’Connell)
|
(18)
Moved by Chestnut, seconded by Amyx, to adjourn at 8:20 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Sue Hack, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1. Bid Date Set- Sept. 25, 2007 for N Iowa St Sanitary Sewer Relocation Phase I.
2. Ordinance No. 8158- 1st Read, rezone (Z-11-28-06) .954 acres, RS10 to RS7, located at 523-543 Rockledge Rd.
3. Ordinance No. 8154- 1st Read, text amendments (TA-06-11-07, TA-06-12-07, TA-06-13-07) of Development Code, Ch 20.
4. Site Plan – (SP-11-85-06) Poehler Bldg, 619 E 8th St.
5. Site Plan – (SP-07-59-05) Local Burger Restaurant, 714 Vermont, sidewalk dining.
6. Variance – Section 19-214B of City Code, 516 Lyon St, placing private sanitary sewer line in public right-of-way.
7. Cemetery rate increase.
8. Signs of Community Interest - Friends of the Library Book sale signs from Sept 28 – Oct 6, 2007.
9. City Manager’s Report.
10. Bid – GOB Temp Notes Series 2007-I to for
11. Bid – GOB Series 2007-A to for.
12. Resolution No. 6736 – $10,225,000 of GOB notes, series 2007-I.
13. Ordinance No. 8179 – 1st & 2nd Read, GOB Series 2007-A for $11,345,000.
14. Resolution No. 6737, $11,345,000, GOB Series 2007- A
15. Text Amendment- (TA-05-08-07) City/County Sub Regs.
16. City/Sate Agreement –KDOT, reconstruct Ohio St. between 6th & 8th St.
17. Alternatives - Benefit district formation, improvements to intersection of 6th St. & George Williams Way.
18. Future Agenda Items.