November 18, 2008
The Board of Commissioners of the City of Lawrence met in regular session at 4:30 p.m., in the City Commission Chambers in City Hall with Mayor Dever presiding and members Amyx, Chestnut, Hack, and Highberger present.
STUDY SESSION
The City Commission held a study session from 4:30 to 6:00 pm on the Lawrence Smartcode.
EXECUTIVE SESSION:
At 6:00 p.m., it was Moved by Amyx, seconded by Chestnut, to recess into executive session for approximately 30 minutes to discuss the possible acquisition of real estate. The justification for the executive session is to keep the possible terms and conditions of real estate acquisition confidential at this time. Aye: Amyx, Chestnut, Dever, and HIghberger. Nay: None. Abstain: Hack. (Commissioner Hack also did not attend the executive session.)
The City Commission returned from executive session at 6:30 and then recessed.
The City Commission reconvened at 6:40 p.m.
RECOGNITION/PROCLAMATION/PRESENTATION:
With Commission approval Mayor Dever proclaimed the week of November 17 – 21, 2008 as, “U.S. International Education Week.”
CONSENT AGENDA
As part of the consent agenda, it was moved by Amyx, seconded by Hack, to approve the Public Transportation Advisory Committee meeting minutes of October 14, 2008; and the Traffic Safety Commission meeting minutes of November 3, 2008. Motion carried unanimously. As part of the consent agenda, it was moved by Amyx, seconded by Hack, to approve claims to 375 vendors in the amount of $1,233,067.40. Motion carried unanimously.
As part of the consent agenda, it was moved by Amyx, seconded by Hack, to approve the Retail Liquor License for Cork & Barrel, 2000 West 23rd. Motion carried unanimously.
The City Commission reviewed the bids for operations of the concession stands at Youth Sports Inc, Clinton Lake Adult Softball Complex, Holcom Park Sports Complex, Douglas County Fairgrounds Baseball Fields, Indoor Aquatic Center and Outdoor Aquatic Center for the Parks and Recreation Department. The bids were:
BIDDER BID AMOUNT (Gross Sales)
Wiggles LLC 24.75%
Cesare Catering 19.75%
As part of the consent agenda, it was moved by Amyx, seconded by Hack, to award the bid to Cesare Catering, with 19.75% of gross sales paid to Parks and Recreation Department with and additional $10,000 annual payment, to be paid annually through 2013. Motion carried unanimously. (1)
Ordinance No. 8343, rezoning (Z-08-15-08) a tract of land approximately .134 acres from U-KU (University) to RM32 (Multi-Dwelling Residential), located at 1232 Louisiana Street, was read a second time. As part of the consent agenda, it was moved by Amyx, seconded by Hack, to adopt the ordinance. Aye: Hack, Dever, Amyx, Highberger, and Chestnut. Nay: None. Motion carried unanimously. (2)
Joint City Ordinance No. 8341/County Resolution No. _______, for Comprehensive Plan Amendment CPA-2008-04, amending Chapter 6-Commercial Land – Lawrence – New Commercial Areas and Maps 6-1 to correct inconsistencies between the map and text, was read a second time. As part of the consent agenda, it was moved by Amyx, seconded by Hack, to adopt the ordinance. Aye: Hack, Dever, Amyx, Highberger, and Chestnut. Nay: None. Motion carried unanimously. (3)
Joint City Ordinance No. 8342/County Resolution No. _______, for Comprehensive Plan Amendment CPA-2008-5, amending Chapter 6 – Commercial Land Use – to correct policy numbers under Goal 3 (duplicate numbers), initiated by the Planning Commission in April 2008 as part of the annual review, was read a second time. As part of the consent agenda, it was moved by Amyx, seconded by Hack, to adopt the ordinance. Aye: Hack, Dever, Amyx, Highberger, and Chestnut. Nay: None. Motion carried unanimously. (4)
Ordinance No. 8344, for Text Amendment TA-08-15-08, an amendment to Section 20-403 and 20-1766 of the Development Code to permit Light Equipment Sales/Rental uses, which includes car rental agencies, as a permitted use in the CN2 (Neighborhood Commercial) zoning district, and to clarify that this use includes an accessory wash bay and storage of vehicles onsite, was read a second time. As part of the consent agenda, it was moved by Amyx, seconded by Hack, to adopt the ordinance. Aye: Hack, Dever, Amyx, Highberger, and Chestnut. Nay: None. Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Amyx, seconded by Hack, to authorize reimbursement to Goldmakers, Inc. of $70,000 or 75% of the installation costs of a sprinkler system at 723 – 25 Massachusetts Street, pursuant to the 2007 Downtown Fire Sprinkler Incentive Program. Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Amyx, seconded by Hack, to concur with the Traffic Safety Commission’s unanimous recommendation to deny a request to establish a multi-way stop at the intersection of 11th Street and Mississippi Street. Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Amyx, seconded by Hack, to concur with the Traffic Safety Commission’s unanimous recommendation to establish “no parking” along the west side of Louisiana Street from 19th Street north 275 feet as unanimously recommended by the Traffic Safety Commission and adopt on first reading, ordinance No. 8354, establishing no parking along the west side of Louisiana Street from 19th Street north 275 feet. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Amyx, seconded by Hack, to authorize staff to negotiate an engineering services agreement with BG Consultants for design and construction phase engineering services for the Watermain Replacement Program. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Amyx, seconded by Hack, to receive 2008 third quarter report from Downtown Lawrence, Inc. Motion carried unanimously. (10)
CITY MANAGER’S REPORT:
During the City Manager’s Report, David Corliss said the winter edition of Lawrence Magazine featured Lawrence/Douglas County Fire Medical female firefighters; the October Building Permit Report indicated the quantity of permits was low, but permit valuation and total fees were higher than a year ago; a report of the 2008 Third Quarter Report financial activities for the City of Lawrence; the Ohio Street Brick Reconstruction Project was completed; the new Horizon 2020 Environmental Issues Chapter was under development; the Lawrence green burials was featured in “The Best Times”, a monthly newspaper published by Johnson County; the Sesquicentennial Point Phase II Committee met and were looking at next steps for development of the park; Fleet Manager Steve Stewart’s article on snow equipment preparation was published in the November issue of APWA Reporter; City Planner’s attended Bi-State Planning Conference; and, the MARC study analyzed origins of commuter traffic into the Kansas City area and Douglas County was a prime driver to the Kansas City Metropolitan Area. (11)
REGULAR AGENDA ITEMS:
Consider adopting on second and final reading, Ordinance No. 8350, repealing Ordinance No. 8293 and reenacting its provisions rezoning approximately 155 acres (Z-04-08-08) located on the northwest corner of N. 1800 Road and E. 900 Road; I-70/K-10 Business Park, from A (Agricultural) to IG (General Industrial).
David Corliss, City Manager, introduced the item and said the first reading was on the agenda the week before.
Mayor Dever called for public comment.
After receiving no public comment, it was moved by Hack, seconded by Amyx, to adopt on second reading, Ordinance No. 8350, repealing Ordinance No. 8293 and reenacting its provisions rezoning approximately 155 acres (Z-04-08-08) located on the northwest corner of North 1800 Road and East 900 Road; I-70/K-10 Business Park, from A (Agricultural) to IG (General Industrial). Aye: Amyx, Chestnut, Dever, and Hack. Nay: Highberger. Motion carried
(12)
Consider the following items from the Traffic Safety Commission:
a) Consider approving the installation of a mid-block pedestrian activated crossing signal on Peterson Road, west of Arrowhead Drive. The cost to install the signal would be approximately $35,000 - $45,000 and there are no funds budgeted for this installation
b) Consider approving the installation of traffic calming devices on 9th Street, adjacent to Sunset Hill Elementary Schools. The cost to install these traffic calming devices has not been determined and there are no funds budgeted for this installation.
c) Consider establishing no parking along the south side of 18th Street from Missouri Street west 100 feet.
David Woosley, Transportation/Traffic Engineer, presented the staff report. He said the first item was a request for a signalized mid block pedestrian crossing on Peterson Road west of Arrowhead Drive. This request came from the residents in the neighborhood and was heard by the Traffic Safety Commission on November 3rd. There were approximately 6 area residents that spoke in favor of the pedestrian crossing and provided a petition with approximately 100 signatures. The Traffic Safety Commission voted unanimously, 9 – 0, to recommend the installation.
Commissioner Amyx said he noticed the speed on that street was incredible. He said the 85th percentile speed was 48 miles per hour and asked what the speed limit was on that road.
Woosley said it was posted at 40 mph.
Commissioner Amyx said he concurred with the signalization of the mid-block pedestrian crossing to help people cross that road, but suggested looking at the speed limit along that area.
Commissioner Highberger asked how the system worked for speed.
Woosley said it was five points for each mile per hour over the speed limit.
Commissioner Highberger said it was something staff might want to look at because of the pedestrian fatality rates.
Commissioner Amyx said based on the report, this signalization ranked 12th in the list of projects to complete.
Woosley said if it was ranked as a traffic calming project in which pedestrian crossing signals typically were not ranked that way, this area was on a minor arterial and traffic calming devices were not approved on minor arterials, which was why it was hard to compare the traffic calming project ranking with the pedestrian crossings. The point system did not include the volume of traffic on that street because with a minor arterial, staff would not consider the volume because those streets were suppose to carry a high volume of traffic.
Commissioner Amyx said he discussed the differences between traffic calming and pedestrian safety with the City Manager, but there was such a difference, in this case, because a point system would not work due to the speed in that area.
Woosley said he would suggest a different type of ranking and data collections strictly for that pedestrian crossing.
Mayor Dever asked if this was an effective tool for this type of roadway.
Woosley said yes, in staff’s experience.
Commissioner Highberger asked about the traffic volume on that stretch of Peterson Road.
Woosley said the volume was just under 5,000 vehicles a day.
Woosley said the second item was a request for traffic calming devices on 9th Street adjacent to Sunset Elementary School. The request came from a citizen in the neighborhood at the Traffic Safety Commission. The principal of the elementary school spoke as well as the citizen who made the request. Based upon the City’s traffic calming guidelines, this area met the requirements for traffic calming along that street because of the volume and speed of the traffic. The Traffic Safety Commission voted unanimously 6-0 to recommend two speed cushions at that location. One speed cushion would be approximately half a block east of Schwarz and the other approximately half a block west of Schwarz.
Mayor Dever said the widening and pedestrian crossing was already approved by the City Commission.
Woosley said that was a request that was approved a few years ago, a request for a pedestrian refuge island. To do that, the street had to be widened to provide enough width of refuge in the center for a pedestrian to stop and wait at that crossing. That was approved a number of years ago, but had not yet been funded.
Mayor Dever asked how this request differed.
Woosley said this would slow down the traffic as the traffic approached the crossing area. The pedestrian refuge islands could slow traffic somewhat, but that was not the significant need, but helped the pedestrian get across the street by only crossing one lane of traffic at a time.
Commissioner Hack asked what the cost differential was.
Woosley said the cost of the refuge island was pretty significant because of the widening along the street. The speed cushions were about $7,500 apiece, but that would vary with constructions costs.
Commissioner Hack asked if those speed cushions could be constructed in-house by staff.
Chuck Soules, Director of Public Works, said staff had not constructed speed cushions, but staff had constructed traffic calming devices such as medians and pedestrian islands.
Commissioner Amyx said if going a half of block west of Schwarz Road, how close was the hill.
Woosley said it would not be quite to that hill.
Woosley said the third item was a request for no parking along the south side of 18th Street for approximately 100 feet west of Missouri Street. He said this request came to staff by the University of Kansas and KU on Wheels which was on one of their bus routes. The bus came down 18th Street east bound, and turned left into the parking lot at the recreation center. There were several incidents in the last year and a half when those big busses made that turn and the back end of the bus would swing over and scratch parked cars along that side of the street. In one instance, the bus driver moved a little to the left and across the center line to avoid scratching a car, but was side swiped by an oncoming vehicle down that street. He said basically it was only a couple of parking spaces because the first 25 feet or so was at the corner where parking was not allowed. At the west end there was a wide residential driveway, so there were only two spaces in that area that would be affected. The property owner indicated that he had no problem with this request as long as he could continue to park west of his driveway, which the property owner would be able to do.
Mayor Dever called for public comment.
Lauren Reinhold, resident of the area north of Peterson Road said regarding the installation of a mid-block pedestrian activated crossing signal on Peterson Road, she had two young children and wrote the petition. She wrote the petition after trying to cross with her husband and kids and had a near miss one night about a year ago. She said she since heard of a couple of other instances where a backpack was knocked off a pedestrian by a car in their neighborhood and an animal casualty in this area. She said she wanted to emphasize the significant hill east of Arrowhead Drive that made a person blind to traffic. The speed was also problematic combined with the frequent use by children and families trying to get across that road, was terrifying. She wanted to be able to walk to the park because it was wonderful having a walkable neighborhood. She said when she gathered signatures for the petition, she walked Peterson Acres which was the senior housing just east of the intersection and those senior’s stated they had a visibility problem at that intersection.
She said a light was initially asked for and she since understood that it did not meet the requirement for a traffic light, but they were happy to have this crossing signal considered. She said this situation was similar to the situation that was approved and funded on 9th Street with the pedestrian light. She said she was asking for a way to make funding this request, a priority.
Jim Miller, Lawrence, said he also wanted to comment on the pedestrian activated crossing signal on Peterson Road. He said he would go out walking and there were kids in the area who rode their bikes to school. He said Peterson Road was a 40 mile per hour speed limit and was a long stretch with no traffic calming devices whatsoever. The only crosswalk on Peterson Road was at Arrowhead and with that crosswalk was a hill to the east of Arrowhead. He experienced, many times, at that crosswalk that people coming westbound did not know traffic laws with a crosswalk or paid attention.
At the beginning of the school year, he and his wife discussed having their children take the bus. He said the school district decided not to have a bus in the area for that school anymore because there was a beacon and a crosswalk guard and the school district thought the kids were safe enough.
He said he was a police officer in town for 12 years and 3 of those years he was in the traffic unit. The traffic unit spent a majority of their time doing speed enforcement. He enjoyed doing that throughout the City. He said on Peterson Road during those 3 years he wrote about 100 tickets. It was a 40 mph zone and had a beacon that popped up and people were expected to slow down to 20 mph. He said 9 out of 10 of the times he heard that the driver did not see the beacon which was not good enough. He said something needed to be erected that could be seen by drivers, but people needed to pay attention. He said he worked for the City and knew the budget was tight, but the City needed to do something to make this particular request a priority.
Patrick Wilbur, Lawrence, commented on the same item. He said he lived in the neighborhood for about 5 ½ years and lived about half a mile northeast of the intersection in question. He said one thing he noticed was an increase of small children in the neighborhood and an increase in foot traffic during that time. He did not realize, initially, when he moved into the neighborhood that it was a problem intersection that was going to get worse. He said as the previous speakers had said, the 40 mph speed limit combined with the hill presented a real visibility problem. He had seen some near misses down Peterson as well to the east. That was the only crosswalk they had on that stretch of Peterson Road, so a lot of people attempted to cross at other areas on Peterson Road which was more unsafe because there was no crosswalk at all. He said he wanted people to know that this was a serious situation and knew money was tight. He said one of the responsibilities of City Government was the safety of citizens and right now they were seeing a lot of problems at that intersection. He would hate to see someone injured or killed because money was not allocated for that request. He asked the City Commission to move this item up on the list of projects.
Melissa Jakmouj, Lawrence, and Deerfield PTO President, commented on the mid-block pedestrian activated crossing signal on Peterson Road, west of Arrowhead Drive. She said the PTO passed a resolution that would support this request. They understood the difficultly of children trying to cross at that location. She said regarding the speed zone, from Kasold on west on Peterson, the speed limit was only 35 miles per hour. From Kasold on east, it went up to 40 mph where they had much more traffic and much more pedestrian crossing at the park. From Kasold to Monterey Way, there were no parks or crossing, yet the speed limit was 5 mph lower. She said it was nearly all single family dwellings and had a lot of kids there. She said they were always going to have a lot of kids because of the housing that was at that location.
She said she had two kids and they went to the park for baseball, soccer, tennis, and playing at the playground. It was nearly impossible to get across the street with her kids. She asked the City Commission to find money for this request before one of their kids was hurt.
Nicolette Bennett, Lawrence, commented on item a. She said she worked for the state and knew what the budget crunch was like. She said as a mother of three sons, 7, 10, and 12 she had lived at this particular residence they built just over 20 years ago. They have seen an increase in foot traffic and number of families. Their crossing guard in the mornings and afternoons was wonderful. He constantly blew his whistle to remind drivers to slow down. Unfortunately, that did not always happen. Activities they have done at the park included baseball, soccer, and used the field to play in as well. There was a skate park that was also fun to use. One of the important things was putting in another crossing guard. Part of the problem they had was that he was no longer there. She asked the City Commission for funding to put this request together.
Mickie Gillispie, Lawrence, commented on item a. She said she lived in the same neighborhood and appreciated the acknowledgment of the actual speed limits and the actual movement of traffic. She had tried to think of another street in Lawrence that had this amount of traffic and this amount of pedestrian traffic crossing where there was no safety device. This was the only one she could think of. She said she would greatly appreciate the City Commission’s consideration.
Jerrod Bennett, Lawrence, said he was a 10 year old student at Deerfield School who walked home. He said any time he walked home, the crossing guard blew his whistle at least twice.
Mayor Dever said staff identified the project cost was $35,000 - $45,000 to install the devices for item a. He asked if the actual crosswalk and the crossing guard would both remain if the requested device was installed.
Woosley said the crossing guard would be maintained, but remove the existing cross walk and move the crosswalk to the light.
Mayor Dever said the crosswalk was east of the intersection and the crosswalk would be moved west straight across from the vacant lot.
Woosley said it would be approximately 75 – 100 feet west of the intersection so when vehicles were stopped, there would be storage for a couple of vehicles before backing up into the intersection.
Mayor Dever asked if pedestrians would cross at the south, east or west, and to the north.
Woosley said the pedestrians could cross at the intersection both east and west north of the intersection.
Commissioner Hack said she was supportive of the crosswalk. She knew the signalization of pedestrian activated signal and knew the school district in attempt to save money had cut back on transportation which left the area north of Peterson isolated and disconnected from the school and park. She said she would support this request and was not as concerned about the numbers. She thought it was more critical simply of the way it was situated because it was like a freeway and designed as such. She asked that the City Commission refer the speed limit issue to the Traffic Safety Commission to consider reducing the speed to 30 – 35 mph considering the fact that it was between two neighborhoods. I.
Commissioner Highberger said he wished they had this conversation before they had the issue of 31st Street extended last week. He said they needed safe pedestrian crossing on every street at one quarter of a mile. He said if they could take steps that way, they should do it. He said the speed on this road was a concern, was a high priority, and needed to compare the area with other projects already approved. He thought it was only fair to other neighbors.
Commissioner Amyx said there was a big difference between traffic calming and pedestrian safety. The excessive speed at Peterson Road at this particular location was a straight shot and the sign that was at that location did not slow people down. He said in this particular case, he would like to consider the project in the spring when getting into the budget and the ranking system. The City was not fortunate to have extra money to move the project up faster, but thought the spring was the appropriate time to go through those projects and re-rank what needed to be done and take specific action on when and how it was to be paid. He said he agreed the speed limit should be addressed by the Traffic Safety Commission.
Vice Mayor Chestnut said he agreed with the comments. He said he agreed with this request and the City needed to try to move forward as fast as possible. He asked about the status of existing pedestrian activated crossing requests.
David Corliss, City Manager, said with the 900 block of New Hampshire and Sunset, the equipment was ordered and would be delivered in December or January and the installation was approximately 60 days afterwards.
Vice Mayor Chestnut said a memo was drafted regarding rankings and a direct comparison of traffic calming was not always possible. The problem was they were funded in the same sources so part of the difficultly was how to put one in front of the other when there was no ranking system. He said this Commission valued pedestrian crossing situations over other situations because of school zones, safety to pedestrians, and children in particular. He said in adding up those two projects they were moving forward on, there was $850,000 worth of unfunded traffic calming and pedestrian crossings. He said it was incumbent to prioritize to make sure that requests like this were addressed as soon as possible instead of approving several traffic calming projects approved in 2003 that were still unfunded. The City Commission needed to make a definitive statement to accelerate and create expectations that projects were going to happen. He said the City Commission needed to look at the whole process and policy and say they needed to reprioritize to make sure they were creating expectations for people to know. He said they needed a system in which they could compare everything together and figure out how to sort everything out.
He said he went out to the area and it was a scary piece of road because it was so long and straight. A person coming off of faster roads onto that road was a bad combination. He said he wanted to add that particular project to the list, but needed to get back to that list to get things done.
Commissioner Highberger asked about the unfunded pedestrian safety projects.
Corliss said there was a mid block pedestrian crossing that was approved by the City Commission on 31st Street near Harrison Avenue. They also had a pedestrian crossing at 11th Street and New Hampshire.
Woosley said there was not a pedestrian crossing at 11th and New Hampshire.
Corliss said they did a good job this evening in highlighting the distinctions that staff made on those items. Staff looked at traffic calming and there was a great value for pedestrians, but this request was different where there was active pedestrian traffic to protect as opposed to calming traffic. He said the City responded to the request in front of the Arts Center, the request at 9th and Sunset Drive, 11th Street from New York School, and 31st and Harrison was an issue and the traffic was moving fast at that location as well.
Commissioner Amyx said in looking at that particular intersection and the need for pedestrian crossing, if going a quarter mile to the east at Nieder Road there was a 4 signal intersection and nothing at this location. He said when prioritizing, the City Commission needed to make sure there were pedestrian activated crossings.
Commissioner Hack said they needed to look at traffic calming and pedestrian safety.
Corliss said the City Commission approved traffic calming on Carmel and the speed on Carmel was irritating and was a safety issue, but it was nothing like the critical mass of young people that were isolated in the park.
Corliss said if the City Commission was going to authorize that particular request, he thought the Commission should also authorize staff to come back with a funding plan and prioritization for the rest of those requests. He said as he looked at the list there was a good distinction between this project and the other projects. He said the 31st and Harrison would probably need a lot of attention just to deal with the traffic consequences at that location. He said this particular project was related more to school traffic.
Mayor Dever said he was in favor of installing this device. The combination of the speed limit, the terrain, frequency of use, all added up to something warranted more than the beacon that was there now and the crossing guard. He was concerned about funding and prioritizing. He asked that the City Commission would consider requesting staff to list all the projects that had to do with pedestrian crossings and isolate those projects from the traffic calming and come up with a plan on how to fund those projects and in what order to be fair and consistent.
Vice Mayor Chestnut said Woosley had articulated in his mind how he prioritized those project and they needed to have that discussion to go through that logic and talk about it. There was logic behind this and needed to commit it to making an action on what the priorities were and the pedestrian crossings went in front to make sure as they talked about the budget and capital reserve on how they were going to vet those things out.
Moved by Hack, seconded by Amyx, to approve the installation of a mid-block pedestrian activated crossing signal on Peterson Road, west of Arrowhead Drive; direct the Traffic Safety Commission to review the speed on Peterson Road; directed staff to come back with a funding plan and to come back with a prioritization of the Pedestrian Safety items listed on the November 17th list. (13)
Mayor Dever asked if there was any feedback from the Commission on the traffic calming devices on 9th Street, adjacent to Sunset Hill Elementary Schools.
Commissioner Amyx said his only concern was the location at the top of the hill. He did not want it to be at the crest of the hill.
Mayor Dever asked about south of the intersection of 9th and Lawrence Avenue and were those two speed cushions or humps.
Woosley said those were cushions which were done on a collector street and speed humps on local streets.
Commissioner Hack said she thought there was a need for the traffic calming devices and should be put into the same conversation in terms of funding. She thought it was a pedestrian issue and they were looking at school kids.
Moved by Hack, seconded by Amyx, to approve the installation of traffic calming devices on 9th Street adjacent to Sunset Hill Elementary School; and directed staff to come back with a funding plan. Motion carried unanimously. (14)
Moved by Amyx, seconded by Hack, to establish “no parking” along the south side of 18th Street from Missouri Street west 100 feet. Motion carried unanimously. (15)
Consider the following items related to the sales tax initiatives:
a) Consider adopting on first reading the following ordinances:
i) Ordinance No. 8347, levying transit sales taxes.
ii) Ordinance No. 8348, levying infrastructure sales tax.
iii) Ordinance No. 8349, establishing a Sales Tax Audit Committee.
b) Consider adopting the following resolutions:
i) Resolution no. 6811, authorizing General Obligation or Sales Tax
Revenue Bonds for transit projects.
ii) Resolution No. 6812, authorizing General Obligation or Sales Tax
Revenue Bonds for capital improvement projects.
David Corliss, City Manager, introduced the item. He said there was an election a couple of weeks back and they were fortunate that the voters of Lawrence approved the three sales tax initiatives the City Commission presented for consideration. Ordinance No. 8347 adopted the sales tax for the transit operations; Ordinance No. 8348 was for the infrastructure sales tax; and, Ordinance No. 8349 established a Sales Tax Audit Committee. He said they would not see revenues until June, but it was important to establish the Sales Tax Audit Committee now and follow through on the sales tax initiatives.
Finally, there were the resolutions that gave the City the authority, but did not require the City to issue debt for the transit or capital improvement projects. He said the City had the ability to issue less debt and had it shortened, but that language was not in the resolution. He said he did not want to bind future City Commissions as to how they wanted to do that and could not go back and amend resolutions. He said he did not think the City would do too much debt for fire trucks and other debting authority for fire trucks. The City planned on doing cash as far as Burroughs Creek and as much street maintenance as possible. They did not want to issue debt beyond the life of the project. Most of transit was operating, but at some point the City might be buying vehicles by debt financing or cash. He said staff wanted to have those ordinances and resolutions enacted by January 1st so staff could get those documents to the Department of Revenue so the City could get their sales tax collected by April 1st.
Commissioner Amyx asked if the reason to proceed with the resolutions was for the authority.
Corliss said yes and the City Commission might want to wait and see more detail on capital projects. He said it was not uncommon for City Commissions to have debt obligations that go on for other City Commissions. He said he was looking at other debt schedules and it was 2016 when the Community Building would be paid off. The golf course was another project. He said those ordinances and resolutions did not need to be adopted this evening.
Vice Mayor Chestnut said he thought it made sense to have that authority because the City might be in situations where the City might issue debt. The only issue he had was when issuing debt in the bond and interest fund, it was a pretty reasonable expectation that 7 mills would go on in perpetuity. The Commission had the ability to drop a mill levy, but that was somewhat of a remote possibility whereas with sales tax with a sunset clause of 10 years, they could bond and if the public decided they did not want to reup after 10 years then the City had to find other revenue sources within other revenue streams to fund the debt service. He said it was an important aspect to consider when looking at some of those projects. He agreed there would be sizable projects that made sense to bond beyond the 10 years, but needed to be cognizant of that. He thought there was a little bit of difference between the revenue streams that remained fairly constant.
Commissioner Amyx said in fairness to the public, he would have a hard time to extending the life of a project past the 10 year mark.
Mayor Dever called for public comment.
Moved by Amyx, seconded by Hack, to adopt on first reading Ordinance No. 8347, authorizing the levy of a special two-tenths of one percent (0.2%) Citywide Retailers’ Sales Tax and a five one hundredths of one percent (0.05%) Citywide Retailers’ Sales Tax and related matters. Motion carried unanimously. (16)
Moved by Amyx, seconded by Hack, to adopt on first reading Ordinance No. 8348, authorizing the levy of a special three-tenths of one percent (0.3%) Citywide Retailers’ Sales Tax and related matters. Motion carried unanimously. (17)
Moved by Amyx, seconded by Hack, to adopt on first reading Ordinance No. 8349, establishing a Sales Tax Audit Committee to review city sales tax revenues and expenditures of the Special Sales Taxes approved by a majority of the electors voting thereon on November 4, 2008. Motion carried unanimously. (18)
Moved by Amyx, seconded by Hack, to adopt Resolution No. 6811, declaring it necessary to issue general obligation sales tax bonds or sales tax revenue bonds of the City of Lawrence, Kansas, for the purpose of paying the costs of financing transit projects in the City; and providing for the giving of notice to said intention. Motion carried unanimously. (19)
Moved by Amyx, seconded by Hack, to adopt Resolution No. 6812, declaring it necessary to issue general obligation sales tax bonds for sales tax revenue bonds of the City of Lawrence, Kansas, for the purpose of paying the costs of financing a Capital Improvement Program in the City; and providing for the giving of notice of said intention. Motion carried unanimously. (20)
FUTURE AGENDA ITEMS:
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11/25/08 |
· Approve revisions to Downtown Design Guidelines. (PC Item 6; approved 8-0 on 10/20/08)
· Adopt maximum assessment ordinance for Stoneridge and Kelly Drive Right Turn Lane Benefit District
· Adopt maximum assessment ordinance for improvements along 6th Street at Wakarusa Drive for Bauer Farms Benefit District.
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12/09/08 |
· Conduct public hearing to discuss the condition of the dilapidated structure at 1207 E. 13th Street and to consider declaring the structure unsafe and ordering its repair or removal within a specified period of time.
· Receive staff report on economic development issues and policies. · Consider changes recommended by the Eco2 Commission to be adopted into the Eco2 Plan for Douglas County.
· Status update on Baldwin Woods Open Space Project.
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12/16/08 |
· Receive staff report on the structure at 617 W. 4th Street.
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TBD |
· Consider approving Comprehensive Plan Amendment CPA-2008-6, amending Horizon 2020, Chapter 14 Specific Plans, to add a reference to and incorporate the West of K-10 Plan and adopt on first reading, Joint City Ordinance No. 8340/County Resolution No. ____, approving CPA-2008-6. (PC Item 5; approved 6-2 on 10/20/08)
ACTION: Approve CPA-2008-6, a Comprehensive Plan Amendment to Horizon 2020, Chapter 14 Specific Plans, and adopt on first reading, Ordinance No. 8340 approving CPA-2008-6, if appropriate.
· Consider the following items related to Lawrence SmartCode (this item will be heard after the November 18, 2008 Study Session):
a) Consider approval of CPA-2007-6, a Comprehensive Plan Amendment to Horizon 2020 by creating Chapter 15 – Place Making to ensure proper comprehensive plan language is in place for the proposed Lawrence SmartCode in the City of Lawrence. (PC Item 13; approved 8-0 on 5/21/08)
ACTION: Approve CPA-2007-6, an amendment to Horizon 2020 by creating Chapter 15 - Place Making, if appropriate.
b) Consider approval of CPA-2007-7, a Comprehensive Plan Amendment to Horizon 2020, Chapter 14 Specific Plans, to add a reference to the Lawrence SmartCode Infill Plan. (PC Item 14; approved 8-0 on 5/21/08)
ACTION: Approve CPA-2007-7, an amendment to Horizon 2020, Chapter 14 Specific Plans, if appropriate.
c) Consider adopting Text Amendment TA-11-24-07 regarding the Lawrence SmartCode and, Pursuant to the provisions of K.S.A. Chapter 12, Article 7, enacting a new Chapter 21 of the Code of the City of Lawrence, Kansas, establishing comprehensive zoning regulations and other land use regulations. The “Lawrence SmartCode” is an optional development code that is parallel to the City’s existing zoning and subdivision regulations and affects all property within the corporate limits of the City of Lawrence, Kansas. Copies of the “Lawrence SmartCode” are available for review at the Office of the Lawrence-Douglas County Planning Department, City Hall, 6 E. 6th Street, Lawrence, Kansas. The “Lawrence SmartCode” is also available at www.lawrenceplanning.org. Adopt Ordinance No. 8286 on first reading regarding TA-11-24-07 for the Lawrence SmartCode. (PC Item 15; approved 8-0 on 5/21/08)
ACTION: Approve TA-11-24-07 regarding the Lawrence SmartCode and adopt Ordinance No. 8286, if appropriate.
· K-10 and Farmer’s Turnpike Plan. 10/06/08 Draft Plan
· Approve Text Amendment TA-06-12-08, to Section 20-810 of the Subdivision Regulations to clarify the natural resources and environmentally sensitive areas that are to be protected or preserved. Initiated by County Commission June 23, 2008. Adopt Ordinance No. 8317 on first reading for TA-06-12-08, to Section 20-810 of the Subdivision Regulations. (PC Item 3; approved 7-0 on 8/25/08)
· Consider approving Text Amendment TA-12-27-07, revisions to multiple sections of the City Development Code to revise the Protection Standards for Environmentally Sensitive Areas and to provide more precise definitions. TA-12-27-07 with revisions to Sections 20-1101, 20-1109 & 20-1701 PC; item 18; approved 7-1-1 on 7/23/08 meeting. TA-12-27-07 with revisions to Sections 20-701 and 20-702 to maintain consistency throughout the Code; PC item 9; approved 7-0 on 9/24/08)
ACTION: Approve Text Amendment TA-12-27-07, revisions to Sections 20-701, 20-702, 20-1101, 20-1109 and 20-1701 of the City Development Code to revise Protection Standards for Environmentally Sensitive Areas and provide more precise definitions, if appropriate.
· Adopt on first reading, Ordinance No. 8300, incorporating by reference, a Text Amendment (TA-04-03-08), to Chapter 20 of the Lawrence City Code (Land Development Code) to define and permit various homeless facilities. (Text Amendment approved by City Commission on 10/14/08).
· 2009 Legislative Priority Statement.
· Review items related to keeping of live fowl and domesticated hedgehogs. |
COMMISSION ITEMS: None
Moved by Chestnut, seconded by Amyx, to adjourn at 7:50 p.m. Motion carried unanimously.
APPROVED:
_____________________________
Michael H. Dever, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
1. Bid – Ceasare Catering, operation of various concession stands.
2. Ordinance No. 8343 – 2nd Read, rezone (Z-08-15-08) .314 acres, U-KU to RM32 at 1232 Louisiana.
3. Joint City Ordinance No. 8341/County Resolution No. _____ - 2nd Read, (CPA-2008-04) to Ch 6 – Commercial Land, correcting inconsistency between map & text.
4.
Joint City Ordinance No.
8342/County Resolution No. _____ - 2nd Read, (CPA-2008-5) to Ch 6–
Commercial Land Use.
5. Ordinance No. 8344 – 2nd Read, (TA-08-15-08) Sect 20-403 & 20-1766, Light Equipment Sales/Rental Uses.
6. Reimburse - Goldmakers, $70,000 for 2007 Downtown Fire Sprinkler Incentive Program.
7.
TSC - Deny multi-way stop at
intersection of 11th St & Mississippi St.
8. Ordinance No. 8354 – 1st Read, No Parking W side Louisiana St, 19th St. N 275 ft.
9. Engineering Services Agreement – BG Consultants, design & construction phase, 2008 – 099 Watermain Replacement Program.
10. 2008 3rd Quarter Report – Downtown Lawrence, Inc.
11. City Manager’s Report.
12. Ordinance No. 8350 – 2nd Read, repealing Ordinance No. 8293 & reenacting its provisions rezoning approx 155 acres.
13. Crossing Signal Peterson Rd, W of Arrowhead;
14. Traffic Calming devices at 9th adjacent to Sunset Hill Elementary.
15. No Parking, S side of 18th, Missouri W 100’
16. Ordinance No. 8347 – 1st Read, .2% citywide retailers & .05% City retailers.
17. Ordinance No. 8348 – 1st Read, .3%, citywide retailers.
18. Ordinance No. 8349, 1st Read, Sales Tax Audit Committee.
19. Resolution No. 6811 – GOB transit projects.
20. Resolution No. 6812 – GOB Capital Improvement Program.