[E-minutes] City Commission meeting minutes - December 10,2002
Diane Trybom
dtrybom@ci.lawrence.ks.us
Mon, 6 Jan 2003 10:23:02 -0600
December 10, 2002
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 Dunfield, Henry, Kennedy, and Rundle present.
Lawrence High School representative, Zack Elmore was present.
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to approve the City Commission meeting minutes of November 26,
2002 and December 3, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to approve the Public Transit Advisory Committee meeting minutes
of November 19, 2002; the Convention and Visitors Bureau Advisory Board
meeting minutes of October 22, 2002; and, the Sister Cities Advisory Board
meeting minutes of October 13, 2002. Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to approve claims to 331 vendors in the amount of $4,445,973.60.
Motion carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to approve the Drinking Establishment License for El Mezcal, 1918
West 23rd Street; Jet Lag Lounge, 610 Florida; Pizzeria Uno Chicago Bar &
Grill, 333 Iowa Street; Imperial Garden, 2907 West 6th Street; Veterans of
Foreign Wars Post 852, 138 Alabama; the Retail Liquor Licenses for Linda's
Liquor, 3032 Iowa; and, Diane's Liquor, 1806 Massachusetts. Motion carried
unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to concur with the recommendation of the Mayor and appoint to the
Board of Zoning Appeals/Sign Code Board of Appeals, Bob Santee, to fill the
un-expired position held by Paul Werner, which will expire September 30,
2005; reappoint to the Douglas County Advocacy Council on Aging, Frank Day
and Donna Swall to additional terms that will expire on December 31, 2005;
appoint John Suddard, Mary Rosenthal, and Lester Marsh to terms that will
expire on December 31, 2004; and appoint Tom Turner and John Hope to terms
that will expire on December 31, 2005; appoint to the Internet Resources
Advisory Board, Matt Fearing, to the position vacated by Sally Holverson,
which will expire on December 31, 2004; and, reappoint to the Lawrence
Alliance, Amy Carr, Ralph Reed, Carrie Lindsey, and Deb Taylor to additional
terms that will expire November 30, 2004, reappoint Mike Monroe, Sherry
Girty, and Barbara Bonnekessen to additional terms that will expire
November 30, 2003. These are one-year terms to stagger the expiration of
terms on the board evenly, and appoint Tiffany Hessler-Droge to the position
vacated by Kyle Browning, which will expire November 30, 2005. Motion
carried unanimously.
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to approve purchase of a portion of property (land only) at 831
Garfield Street (Ramos tract) for the amount of $25,000 as part of the 13th
Street and Oregon Street stormwater project. Motion carried unanimously.
(1)
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to approve the sole source purchase of seven Motorola MW800
computer systems for the Police Department Traffic Unit in the amount of
$60,200 (Federal Traffic Safety Grant provides 80% reimbursement). Motion
carried unanimously.
(2)
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to approve an agreement with Nutri-Ject Systems, Inc., for
Biosolids Contract Renewal at a cost of $10.20/yard. Motion carried
unanimously.
(3)
The City Commission reviewed the bids for various water treatment chemicals
for the Utilities Department. The bids were:
PRODUCT BIDDER BID
AMOUNT
Quick Lime - Bulk Pebbles Global Stone Corp.
$70.34/ton*
Mississippi Lime Co.
$71.40/ton
Quick Lime - bulk, Powder Global Stone Corp.
$70.34/ton*
Mississippi Lime Co.
$79.03/ton
Chlorine - 1 Ton Cylinder Brentag Mid South
$352.00/ton*
DPC Ind.
$369.00/ton Altivia
Corp. $575.00/ton
Powdered Activated Carbon - Bulk Harcros Chemical
$720.00/ton*
Cal Pacific Carbon
$740.00/ton
Brentag Mid South
$743.00/ton
Altivia Corp
$753.00/ton Carbotech
$772.00/ton G.S. Robins
& Co. $840.00/ton
Carbon Dioxide - Bulk Air Liquide
57.90/ton*
EPCO
64.00/ton
Praxair, Inc.
73.00/ton
BOC Gases
82.00/ton
Sodium Hexametaphosphate - 50# Bags Calciquest
$919.00/ton*
DPC Chemicals
$940.00/ton
Harcros Chemicals
$945.00/ton
Summit Chemicals Inc.
$947.00/ton
Shannon Chemical Corp.
$957.57/ton
G.S. Robins & Co.
$960.00/ton
Brentag Mid South
$1,348.00/ton
Sodium Silicofluoride - 50# Bags Brentag Mid South
$576.00/ton*
Harcros Chemical
$580.00/ton
GS Robins & Co.
$592.00/ton
Soda Ash - Bulk BHS Marketing
$180.00/ton*
Solvay Minerals
$182.95/ton
Brentag Mid South
$188.95/ton
General Chemical Corp.
$189.95/ton
Aqua Ammonia - Bulk Farmland Chemicals
$129.00/ton*
Harcros Chemicals
$175.00/ton
GS Robins & Co.
$198.00/ton
Aluminum Sulfate - Bulk G.S. Robins & Co.
$226.00/ton*
Harcros Chemical
$229.00/ton
General Chemical Corp.
$275.00/ton
GEO Specialty Chemicals
$285.00/ton
Polymer - Bulk Ondeo Nalco Co.
$549.00/ton*
G.S. Robins & Co.
$645.00/ton
Quick Lime - Bulk, Pebbles Global Stone Corp.
$70.34/ton*
Mississippi Lime Co.
$71.40/ton
Sodium Hypochlorite - Bulk DPC Ind.
$.5089/gal*
Brenntag Mid-South
$.595/gal
Vertex Chemical
$.74/gal
Altivia Corp.
$.92/gal
Sodium Bisulfite - Bulk Harcros Chemicals
$1.3675/gal*
Brenntag Mid-South
$2.3994/gal
Ferric Chloride - Bulk Eaglebrook, Inc.
$.65/gal*
Fini Enterprises
$.7527/gal
Harcros Chemicals
$.775/gal
Polymer, Totes Kemiron Co.
$.7627/gal
Polypyne Inc.
$.779/gal
Ciba Specialty
$1.20/gal*
Consolidated Equipment
$1.25/gal
G.S. Robins & Co.
$1.88/gal
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to award the bids to the low bidders (*). The Utilities
Department has $750,000 budgeted for the chemicals for all three plants
coming out of their chemical line 40-08. Kemiron bid a bulk price and the
Utilities Department cannot accept bulk polymer. Polypyne' polymer bid did
not meet specifications although staff will be doing some testing of this
product. Motion carried unanimously.
(4)
The City Commission reviewed the bids for a street tree project for the
Parks & Recreation Department. The bids were:
BIDDER BID AMOUNT
First Management $114,305.00
Hermes Landscaping $121,933.00
Cut-N-Edge $142,176.00
Lawrence Landscape $160,331.60
Embassy Lawn & Landscaping $182,220.00
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to award the bid to Cut-N-Edge for $142,176 or $222.15 a tree.
The Parks & Recreation Department requested bids to plant 640 trees for the
Master Street Tree Planting Project. This is to implement the Master Street
Tree Planting Ordinance. $225.00 is collected for each tree from the
building contractors when they pick up their building permits. The low bid
from Master Plan Management did not include the required bid bond and Hermes
Landscaping made several tree variety substitutions that were unacceptable.
Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to adopt Resolution No. 6444, setting January 14, 2003 as the
public hearing date for a proposed benefit district to improve George
Williams Way, between Langston Hughes School and west 6th Street. Motion
carried unanimously.
(6)
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to concur with the Planning Commission's recommendation to approve
a Preliminary Development Plan (PDP-09-08-02) for Delaware Commons
Co-housing project, 28 dwelling units on 3.2 acres, to be located east of
Delaware Street, between east 12th and east 13th Streets, subject to the
following conditions:
1. Provision of a public-access easement for Lot 2 to 12th Street to be
shown on the plan. This public-access easement will need to be filed with
the final plat; and
2. Review and approval by the Sanitation Department for the location
of the trash enclosure.
Motion carried unanimously.
(7)
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to concur with the Planning Commission's recommendation to approve
a Preliminary Development Plan (PDP-10-10-02) for Larkspur Townhomes, a
proposed single-family detached development, located on approximately 4.1851
acres, and proposes 24 units, generally described as being located south of
West 27th Street and east of Wakarusa Drive (extended), subject to the
following conditions:
1. Revise the Preliminary Development Plan to include the following
items:
a. Provision of a note stating that no accessory structures will be
allowed within the rear yards of Lots 10-17 due to the PRD periphery
setback;
b. Label proposed and existing sanitary sewer;
c. Provision of a note stating, "Public improvement plans for sanitary
sewer main extension will be required prior to release of a Final
Development Plan.
d. Street tree shown within drainage easements on Lot 8;
e. Relocate trees shown within drainage easements on Lot 8;
f. Remove Note No. 17; and
2. Provision of a 20'-wide pedestrian access easement and pedestrian
path through the property to the south to provide future access to the Kanza
Nature Preserve;
3. Provision of a common open space a area to be located within Lot 13,
Block 1;
4. Revision of a plan to state that private streets will be constructed
to City standards; and
5. Provision of a 125' separation between Scottsdale Street and the
easternmost intersection of the private street with West 27th Street.
Motion carried unanimously.
(8)
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to concur with the Planning Commission's recommendations to adopt
the findings of fact and approve the request for rezoning (Z-10-36-02) of
approximately 4.1851 acres from, A (Agriculture District) and RO-1B
(Residence-Office District) to PRD-1 (Planned Residential Development
District); and, direct staff to prepare the appropriate ordinance. The
property is generally described as being located south of West 27th Street
and east of Wakarusa Drive (extended). Motion carried unanimously.
(9)
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to approve a proposed dedication of North Iowa right-of-way for
Northfield Estates. Motion carried unanimously.
(10)
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to approve an access agreement with Penny Concrete, allowing Penny
Concrete temporary access to the City Wastewater Plant property in exchange
for the City obtaining a permanent utility easement for the lime residuals
project. Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to authorize the Mayor to sign a Release of Mortgage for Gale
Fleming, 204 North Michigan. Motion carried unanimously.
(12)
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to authorize the Mayor to sign a Release of Mortgage for Kelli
Rainbolt, 2548 Cimmaron Drive. Motion carried unanimously.
(13)
As part of the consent agenda, it was moved by Kennedy, seconded by
Dunfield, to authorize the Mayor to sign a Release of Mortgage for Anne
Underwood, 1042 Rhode Island. Motion carried unanimously.
(14)
Commissioner Rundle pulled from the consent agenda the approval for golf
cart charges for discussion. He had received calls from citizens
complaining that they were not aware of these fees and/or didn't use this
service therefore, they didn't want to be charged this fee. The overriding
concern was that the City's municipal golf course was oriented toward
affordable golf and these fees were pushing citizens out of that
affordability.
Fred DeVictor, Parks & Recreation Director, said the City started this
Global Positioning System (GPS) approximately 2 years ago. He said ProLink
Inc., installed this system on the City's golf carts system free of charge.
The way that it was setup in the past has been a "pay for play" system and
they have been required to charge a deposit. This setup has been cumbersome
and has affected customer service in some respects.
>From staff's analysis, approximately 88% of their customers who use golf
carts were using this system for these past eleven months and in order not
to require the deposit, staff thought as part of the fee structure, to
include the deposit in the cost of the carts.
Commissioner Rundle asked if the Parks & Recreation Advisory Board reviewed
this process.
DeVictor said no. This was discussed among staff and the Parks & Recreation
Advisory Board did not act on this matter. He said the board was given a
copy of the memo and were aware of this process.
Commissioner Rundle asked if this process would be negotiated once a year.
DeVictor said the City initially signed a five year agreement and this was
the third year for this system. Again, this system was free of charge. The
City receives a small fee, but the company makes their money when this
system is used. He said staff thought it was a nice addition to the
uniqueness because this type of system wasn't used at any public courses in
the Kansas City area therefore, attracting people to come to Eagle Bend Golf
Course.
Zack Elmore, Lawrence High School Representative, asked how the ridership of
the carts would be affected if there is an increase in fees. He asked if
the 12% of customers that did not currently use this service would stop
using carts if they're charged for this service.
DeVictor said that was hard to say. Again, approximately 88% of their
customers use this system and that was a high percentage therefore, staff
felt it would be appropriate to include this cost in their fee and staff
would not have the hassle of charging a deposit, just to give it back. This
type of system would bring additional revenue to the City and the way the
economy is at this point, staff felt this option would help bring in that
revenue.
Commissioner Henry asked if this company receives their investment through
the use of this system.
DeVictor said yes.
Commissioner Rundle commented that the City is moving towards fairness of
water bills by charging the customer for their exact use, instead of
charging a flat fee for minimum usage. He said he recognizes that the City
needs revenue, but it didn't seem fair to charge someone that doesn't use
this system. He asked how much a customer was currently charged.
Jim Kane, Eagle Bend Golf Course Pro-Manager, said the customer is charged
$4.50 per person. He said what ProLink Inc. was willing to do is if the
City charges 100% of their cart usage, ProLink will reduce that price. It
will actually cost customer less money to use this system if they
incorporate that cost into the cart fee. He said even if they include that
cost into the cart fee, Eagle Bend was considered affordable golf. It will
cost $32 to play golf at Eagle Bend with a cart during the week and $35.50
with the GPS systems on the weekend and this was still affordable golf.
Again, they had this system in place for two years and there is strong usage
of this system. He said staff was asking to incorporate this cost into the
cart fee giving them a 100% usage and by using this method, it would
possibly generate between $12,000 and $15,000 in additional revenue.
Commissioner Rundle said while DeVictor said that this system attracts
people from out of town, he said some of the residents in our town find that
an additional $9.00 fee is significant. He said we are not the only people
facing hard economic times, but also, every citizen in our community. He
thought this issue was a question of fairness.
Mayor Hack appreciated the simplicity of this process and did not think
anyone was excited about raising rates. She said the process of the deposit
and refund was somewhat complex and cumbersome and she thought the flat cost
made sense.
Vice Mayor Dunfield said the fact that the nine out of ten people who want
to spend the extra money to rent a cart to play a round of golf also want
the GPS system was indicative of a significant level of approval.
He said when he has a choice, he generally walks the course, but when he
plays golf with people who want to use the carts, they have always wanted to
use this GPS system. He said it was a fun amenity to add to the game.
Commissioner Henry said he has never used this GPS system.
Commissioner Kennedy said this GPS system was a good amenity for a public
golf course. He supported the adjustment to the fee rate.
Commissioner Henry also supported the proposed fee rate because there is an
opportunity for additional revenue for the course along with the fact that
customers like this system. He said he understood Commissioner Rundle's
concerns.
Moved by Kennedy, seconded by Dunfield, to approve golf cart charges to
include the GPS system in 2003 at a rate of $16 per seat for 18 holes and
$10.50 per seat for 9 holes. Aye: Dunfield, Hack, Henry and Kennedy. Nay:
Rundle. Motion carried. (15)
During the City Manager's report, Mike Wildgen said City staff, along with
staff from private utility departments, met with Serological Corporation to
discuss the details related to the construction of their facility at East
Hills Business Park. He said it was likely the City would receive a tax
abatement request from Serological Corporation because they wanted to move
ahead rapidly.
Wildgen also reported that the Lawrence Open Shelter is negotiating with a
downtown property owner for shelter and continuing to raise funds.
(16)
On the regular agenda, Mayor Hack explained that representatives from four
of the City's boards and commissions would present reports to the City
Commission. She said as the City Commission was addressing their goals, one
item of concern was communication. These reports would give the City
Commission the opportunity to hear and address any concerns from these
boards and commissions.
Kevin Chaney, Chair, Mechanical Code Board of Appeals, said, during 2002,
the board adopted a new amendment to elevate furnaces in garages to 14
inches to the bottom of the cabinet on up-flow furnaces and the lowest part
on down-flow furnaces to 18 inches.
He said there was also an amendment adopted to allow for a Mechanical
Fireplace Master's License which requires a minimum of six years of
experience working in the fireplace trade and possess a current wood and gas
fireplace certification issued on the basis of having passed an approved
certification.
Chaney said the Mechanical Fireplace Contractors License was also added
which requires a master or, have as his or her employee, a licensed
mechanical fireplace master on a full-time employment basis and other
criteria.
Recently the board voted to adopt, pending a public meeting and City
Commission approval, the 2000 Uniform Mechanical Code with the existing
amendments to the existing code which was the 1996 Uniform Mechanical Code
including the two additional amendments that were addressed.
He said their board is working towards a better working relationship with
the Neighborhood Resources Department in providing the City of Lawrence with
their existing codes and amendments and to continually provide the high
quality of work as well as safety standards to the citizens of Lawrence.
The current members of the Mechanical Code Board of Appeals are Roger Scott,
Kevin Chaney, Bryan Wyatt, Tom Patchen, and Frank Estrada.
Josef Rantner, Chair, Board of Plumbing and Pipe Fitters, said in 2002 they
reviewed the 2000 Uniform Plumbing Code and were currently under the 1997
Uniform Plumbing Code. This code is revised every three years and the board
undertakes the task of addressing this code page by page.
He said the board had heard several appeals, mostly from contractors and
property owners. Generally, if someone appeals they follow the code as
written and adopted by the City Commission, but under some circumstances,
they do allow variances.
He said Victor Torres, Neighborhood Resources Director, has been a great
addition to this City and has provided his board with an avenue of
communication. Also, Mark Mills, Plumbing Inspector, has stood tall through
some tough controversial issues and wanted the City Commission to know what
a fantastic job Mills does and represents the City well.
Tim Herndon, Chair, Board of Zoning Appeals/Sign Code Board of Appeals, said
it was important to thank City staff for helping them work as a board
particularly, Brian Pedrotti and Mark Wilson, City Planners, who had
attended every meeting this year, provided staff reports, and rendered
interpretations on behalf of the City to this board.
Herndon said they also serve as the Sign Code Board of Appeals and Barry
Walthall, City Inspection Supervisor comes to the board monthly with the
reports on applications for variances to the sign code. He said their role
in granting variances to the sign code is more challenging than others
because the Neighborhood Resources Department is pointed in not rendering
interpretations or recommendations.
In 2002, the board received 45 requests for variances. One interpretation
of administrative decisions was the apartment complex at the corner of
Crestline and 15th Street. The 45 variances were up 21% from last year and
if nothing more, it was a good sign that people were out trying to get
projects done in spite of some of the current bad economic news Lawrence was
facing.
He said this board has an impact on projects which range from projects like
K-mart or Target all the way down to people who are trying to build a bay
window that might encroach into a side yard setback, but they serve this
board with a spirit of compromise and they feel proud to be able to help
people proceed while maintaining the interest of the City while maintaining
the integrity of the code.
In 2003, some of the issues that will be addressed are to hold a new
training session to refresh themselves on some of the items and duties of
the board; review the consultant's work on the new code and how that might
affect where they are and give an update to the possible impacts of the sign
code; review the Open Meetings Act, which was important in these capacities;
time limits for speakers; and, review the new definition for "unnecessary
hardship" which is one of the criteria which is judged to grant a variance.
Virgil Dean, Historic Resources Commission, read the following statement: "I
want to thank you for this opportunity to report on the activities of the
Historic Resources Commission during the past year and update the City
Commission on issues currently before the HRC. Although we have experienced
a couple of notable bumps (i.e., 1300 blocks of Ohio and Mass.) in our road,
last year's journey was relatively smooth and hazard free, and I believe we
have made good progress toward the accomplishments of one of our vital goals
and duties: that of informing and educating the citizens of this City
concerning their community's historic and architectural heritage.
As you know, the HRC is responsible for overseeing the Historic Resources
Program for the City of Lawrence. One of our (HRC's) most publicly visible
responsibilities is conducting design review of proposed projects as
required by the State's historic preservation statutes and the local
preservation ordinance. The HRC has been actively implementing strategies
to improve the design review process.
First, by broadening the administrative review process, which allows City
staff to approve projects prior to full HRC review, property owners have
been able to move forward with a project shortly after submitting for a
permit. As of December 1, the HRC has approved 30 Administrative Reviews
out of a total of 86 design reviews.
Second, to further streamline the "environs" design review process that
ensures historic properties retain connection with their "context" or
setting, the HRC has begun a process to define which element are important
in retaining the setting of each historic property.
As part of this process, in cooperation of the Campus Historic Resources
Board, the HRC is pleased to inform the City Commission that the two bodies
are currently working towards the development of joint environs definitions
for historic properties. This collaborative effort will establish a common
understanding of the important context elements that will be used by both
bodies in reviewing proposed projects where overlapping jurisdictions
exists.
With the recent passage of the Kansas State Historic Preservation Tax Credit
Act, the HRC believes the City of Lawrence will experience an ever-greater
awareness of and appreciation for the maintenance of our City's cultural
resources. In fact, there have been a number of recent tax credit projects,
including the rehabilitation of the Old Post Office into the offices of the
World Company and the reconstruction of a front porch at 711 Indiana Street.
To inform property owners of this valuable resource, the HRC has sponsored a
series of "lemonade socials" in historic areas of the City.
Although the City has designated the Historic Resources Commission to
oversee the City's historic preservation program, it is really the citizens
and property owners who can have the greatest effect on maintaining our
cultural heritage. On behalf of the entire Historic Resources Commission, I
want to take this opportunity to thank all of those individuals who have
fostered historic preservation through continued, faithful stewardship of
historic properties, by being active members of the preservation community,
by supporting preservation issues, and by valuing Lawrence's unique history.
We also would like to thank you, the City Commission, for your continued
support of the HRC's decisions and for the professional staffing we have
enjoyed over the years. Our work has not just been made easier, it has been
made possible by the expert assistance provided to us by the City's Historic
Resources Administrator. Thank you."
Mayor Hack said we are constantly reminded about the important part of our
City's history and thanked the HRC for all of their work.
She expressed her appreciation for all of these volunteers and was amazed at
the number of people that were interested in serving on boards and
commission, and how devoted they are to this service.
(17)
Mayor Hack called a public hearing on the proposed special assessment
benefit district for sanitary sewer improvements at the southwest corner of
23rd Street and Louisiana. (Wendy's Dunkin Donuts, Panchos).
Chuck Soules, Public Works Director, presented the staff report for the
benefit district. The project stems from the development of Dunkin Donuts.
The line that currently serves the Dunkin Donut property, Wendy's, and
Panchos is a private main and is collapsing. With the redevelopment of the
Dunkin Donut property, staff decided this was an opportunity to place a
public service main in that location to serve those properties. Staff dye
tested all of the facilities in the area and this private main serves these
three tracks. He said this private main will soon have problems and staff
will have difficulty maintaining it. He said staff discussed replacement of
the line with the owners in the same location. One concern from Wendy's was
access to their facility during construction. Other concerns by these
property owners, was the cost of the project.
Soules said since there is one tap, the method of assessment on these three
properties, would be shared equally. The estimated probable cost for this
improvement was $38,000. Two options for alignment are being evaluated
for economy and construction before making a decision.
Commissioner Kennedy asked if both these options were in the same price
range
Soules said yes.
Moved by Dunfield, seconded by Kennedy, to close the public hearing. Motion
carried unanimously.
Mayor Hack called for public hearing.
After receiving no public comment, it was moved by Dunfield, seconded by
Kennedy, to adopt Resolution No. 6442, the proposed special assessment
benefit district for sanitary sewer improvements at the southwest corner of
23rd Street and Louisiana. (Wendy's Dunkin Donuts, Panchos). Motion carried
unanimously. (18)
Mayor Hack called a public hearing on the proposed special assessments
benefit district for the improvement of east 11th Street, east of Haskell
Avenue.
Chuck Soules, Public Works Director, said there are two participants in this
benefit district, which were the Polk Subdivision and the City of Lawrence.
This benefit district will be spread on a front footage basis and the
estimated probable cost was $400,000.
Mayor Hack called for public comment.
Greg Polk, property owner of land on the north side of 11th Street, said he
was not there to protest the benefit district, but was upset on how the
benefit district was decided. He began construction on an office on the
first lot on 11th Street and before construction began, he was required to
address the water run-off situation on the site since the current road
didn't have any curbs or gutters. He hired an engineering firm to help him
with the planning.
Polk said they spoke with Chad Voigt, City Stormwater Engineer, and EBH &
Associates drew the plan and submitted the plan to Voigt. Voigt then
requested some changes and they were made and resubmitted. Voigt again
requested another change, so his engineer redrew the plan and resubmitted
the plan to Voigt.
Next the plan was submitted to Terese Gorman, City Engineer, for final
approval. Gorman requested a change on the plan. Polk said he met with
EBH, Jane Eldredge, and Terese Gorman to discuss the change. The changes
were made and the plans were submitted for final approval. This took 45
days for this whole process. The final plans were submitted and were told
the City might do a benefit district and they would know in a few days.
With waiting to hear about the benefit district the entire process took 50
days at a cost of approximately $9,900. He did not think the City should
have required him to do all that planning, hire and engineer, spend $9,900
in 50 days just to eliminate that plan. He asked the City to credit him the
$9,900 towards this proposed benefit district.
Soules said during the course of Polk's site planning process there were
plans that were developed to address the storm drainage. The plan included
curb and gutter, and an open ditch and then tied back into the existing
street. Currently, it is a chip and seal street and there was some widening
that was proposed.
He did not know why there were so many revisions to his plan. He said Polk
was addressing site plan approval and drainage issues, but now the City is
looking at a benefit district for the entire road.
Mayor Hack asked at what point was the decision made to do the benefit
district versus when Polk was instructed that these various plans were
required and was there any of the engineering that he had done that could be
used for this proposed benefit district.
Soules said he did not know. He assumed Polk's plan only included work that
was needed to get their site plan approved. He said the benefit district
was determined when the plans came in to Gorman and reviewed. When the City
would build the road to its permanent improvement, Polk's improvements would
need to be eliminated because they were not substantial and were not going
to meet a street standard code.
Commissioner Rundle asked if the motivation for the road centered on
drainage just like the plans specific to Polk's site plan.
Soules said it would address the drainage issues. He said this was an
opportunity to do a permanent improvement versus a temporary fix. He said
this street does carry heavier traffic because it is an industrial area.
Wildgen said the road improvement was a condition of the site plan. The
question was how would you accomplish this road improvement and one way to
get this done, is to do a benefit district. He asked Polk if he was
proceeding with Lot number one and if it could have been done independent of
the other Lots.
Polk said yes.
Wildgen said Polk couldn't do any of those other Lots without getting the
road improved and the benefit district is the method to accomplish that road
improvement.
Polk said the plan that he had included all four lots and addressed drainage
improvements for all of these lots. He said he was required to provide this
information in his plan.
Wildgen said if there was some legitimate work that could be done using
Polk's plan, the City could credit him.
Polk said looking at his plan, none of it could be used. He said the survey
was different and could not be used.
Commissioner Rundle said the condition on the site plan for this street
improvement came ahead of all of this.
Polk said yes. He reiterated that it took 50 days to find out that his plan
could not be used. He asked why someone didn't let him know when he first
submitted his plans that a benefit district could be done. He said he
should be credited towards this proposed benefit district.
Mayor Hack said she was looking at this as an issue of fairness. She asked
staff if there was any of Polk's plan that could be used and thought Polk
should be credited for his time and expense. She was in favor of crediting
part or all of Polk's expense.
Soules asked Polk if he was looking at compensation for time.
Polk said no, just the monetary portion of the plan. He said he would like
this money credited to Lot number one.
Soules said what Polk would specifically like done was for the credit to go
to Lot one which was currently being developed.
Polk said the Lot already has the existing street and sidewalk about 70% of
the way.
Soules asked how they would specifically reduce the assessment on one
individual lot in the benefit district and he did not know if we could
exclude the City.
Wildgen said staff would provide the Commission with a staff report.
Commissioner Rundle said sometimes the City share is expanded and to
make sure those options are included.
Vice Mayor Dunfield said in essence the City Commission would be
increasing the City's estimated share from $200,000 to $210,000 and given
the circumstances, it is the reasonable thing to do.
Moved by Kennedy, seconded by Henry, to adopt Resolution 6443 (which
orders the construction of the improvements) for a proposed special
assessment benefit district for the improvement of East 11th Street, east of
Haskell Avenue and directed staff to review the stormwater engineering work
performed for the Polk Subdivision, Lots 1-4 to determine if the assessments
for those lots should include a credit in a total amount not to exceed $9900
for such engineering work. Motion carried unanimously.
(19)
Shelia Stogsdill, Assistant Director of Planning, presented the
staff report on Preliminary Development Plan (PDP-10-11-02) for the Home
Improvement Center Annex. This proposed retail/restaurant development is
located on approximately 3.46 acres, and proposes three pad sites with a
total of 25,160 square feet of retail/restaurant space, and gasoline sales.
She said the Planning Commission recommended, on a 6-3-1 vote, to
recommend approval of this Preliminary Development Plan. This is the
redevelopment of the Commerce Plaza Property, located immediately at the
northeast corner of 31st and Iowa. The property is between the current
frontage road and the property that is now under construction for the Home
Depot development. The preliminary development plan includes vacation of a
portion of the right-of-way released by KDOT to the property owner so that
the frontage road ends at the north of the property and continues through
this property and Home Depot property as a public cross access easement.
The proposal is a three-lot development. Stogsdill said there was a lot of
discussion at the Planning Commission meeting related to traffic issues and
this is the reason for the additional condition, which is the result of the
developer and representatives for Dale Willy Automotive reaching an
agreement related to their concerns.
Joyce Wolf, President of the Indian Hills Neighborhood Association,
said in the Planning Commission minutes her neighborhood was characterized
as a bunch of beginners. Wolf said she wanted to talk about that because
the neighborhood has worked with the Parks and Recreation Department to
safely align the Naismith bike path that goes through the neighborhood.
They also supported the improvements to the intersection of 23rd and
Alabama, also have been in support of the Louisiana Street calming devices
and even talked to Chuck Soules to make them more visible at night. Wolf
said they have encouraged completion of the 27th Street sidewalk to insure
safety for the school children, and also have worked with the owner of the
building at the northwest corner of 24th and Alabama to have a zoning change
from residential to office. Therefore, Wolf said the neighborhood does not
feel they are opposed to most issues.
In preparing for this meeting they were able to talk to a
professional planner, who happened to be on their Steering Committee, about
some of the general policies for traffic management. In an email sent to
her from this planner in regards to Urban Land Use Planning it defined
collector and arterial streets. In summary, a collector street is supposed
to connect arterials, but it should not provide access to or from commercial
uses.
Wolf said she had a document that she was not sure where it came
from, but she would like to read a short paragraph from this document to the
City Commission because it will address some of the concerns of the
neighborhood. The document was entitled "Encourage Internal Access to Out
Parcels" which would be the areas they were talking about with this annex.
"Shopping Center developments often include separate lots or out parcels
fronting on the major roadway. The out parcels are leased or sold to
businesses looking for highly valued corridor locations. Access to these
out parcels should be incorporated into the access and circulation system of
the principal retail center. This reduces the need for separate driveways
on the major road while maintaining overall accessibility to the site."
Wolf said 27th Street is the collector street out of their
neighborhood and carries east/west traffic. Recently, 27th Street was
improved and in that process of improving there was a median placed so that
when you come along 27th Street from the east moving west, theoretically
your not supposed to make a left turn. What traffic does is cut through
Runza's lot and goes out even though this is not permitted. She said there
is potential for an accident at this intersection.
She said another concern is traffic traveling north. Wolf said they
wanted to alert to the City Commission that something needs to be done,
either make the frontage road into a one-way south which would be possible
coming down Iowa. She said this would keep traffic from going on 27th
Street.
Bob Suderman, Lawrence, said he spent three hours discussing with
Chris Huffman some of the issues related to the situation around Home Depot
and what the neighborhood could do to make the best of this situation. The
question is how does neighborhood live with that development and be good
neighbors. The biggest concern is that the changes that are being made to
the intersection at 31st and Iowa are at a maximum capacity with that
intersection.
The second point that was asked from Chris Huffman was how long it
would be that Highway 59 might run across the route up Iowa Street. In
Huffman's opinion KDOT will be running that road because of budgetary and
other concerns for at least 15 - 20 more years.
He commended the City Commission for stepping back and taking a look
at all four corners on the western side. He said one of the interesting
things that the traffic projections do not take into account is the 800
acres. He said the point is that all the various uses are laid out.
Suderman said City staff ran some scenarios of what 31st and Iowa
might look like, unfortunately they did not keep the data. He said if his
memory was correct, they came out assuming a 32nd bypass with approximately
100,000 cars in the year 2020 near the bypass. When they do a rough and
dirty study using the growth rates and compound those such as Iowa Street
from all directions, 31st Street, and then throw in the 800 acres and look
at the planned uses and the trip generation, they were coming up with
numbers in the 150,000 range by the year 2012 for the intersection of Iowa
and 31st. He said the relevance of all this was that they wanted to give
the Commission heads up about traffic that goes into collector or
residential streets. The universal principle of planning was that you don't
dump traffic from commercial locations, especially intense big box
commercial locations, into collector or residential streets. The
neighborhood would adamantly oppose anything that would run into 27th Street
and stop and come out of this intense commercial location.
The second issue is that it is important for the neighborhood to get
some control over that frontage street. He said a one-way coming back to
the south would solve the neighborhoods problems or if the businesses choose
to barricade and cut that off.
He asked the City Commission to consider a study that encompasses
all of 31st Street from Noria Rd to Kasold, Iowa, 27th Street, and Louisiana
Street.
David Geyer, Lawrence, said the location of his work causes him to
drive 27th Street every day. Geyer said the reason why he stopped riding
his bicycle to work is because since 31st is under construction it is unsafe
to ride 27th Street. 27th Street traffic, at the present time, appears to
be the kind of traffic that the City will have after the development has
gone through because drivers go up to 27th on the frontage road, then turn
right and at the end of the median they stop and make a u-turn to go north.
Geyer said he sees this happen about three times a week. The biggest
problem is when they stop to make this u-turn they back up other drivers
onto Iowa Street. Geyer said he thought it was an interesting situation and
just wanted to share it with the City Commission.
Mark Anderson, attorney, representing Dale Willy Dealership, said
the concerns that they have are much more limited than that of the
neighborhood. Anderson said they spoke at the Planning Commission and made
it clear that they support the development and would like to see the
development approved. The concern has to do with the cut on Iowa Street in
front of their dealership. He said a good compromise has been worked out
with the applicant's attorney. Part of that comprise stems from their
concern about the ability of that curb cut to handle the projected future
traffic at the intersection. The applicant is of the opinion that the
traffic study may be inflated. If this were to happen and it became a
problem then the applicant has agreed that they would be part of a future
benefit district for whatever improvements are needed at the intersection.
Emails have been traded with Linda Finger about the idea of some
striping. Drivers need to be given some guidance because right now it is
sort of a free for all. Anderson said he recommends striping it so there is
one inbound lane off of Iowa onto the frontage, and two outbound lanes from
the frontage road onto Iowa with turn arrows so there is a left turn or
straight arrow and a second lane that is a right only. He said they were
hopeful this will facilitate the flow of traffic through that curb cut.
Anderson said with the agreement of the applicant they would certainly
support their Preliminary Development Plan and asked the City Commission to
approve it.
Jeanne Ellermeyer, member of the Indian Hills Association, said she
is concerned about the amount of the money spent on improving this corner of
27th and Iowa and 31st and Iowa. If the worst possible scenario takes place
with the cut through traffic it will simply destroy the street that the
taxpayers have paid for. She asked who is benefiting from this situation.
She said they were being forced off the only cross street in their
neighborhood by the traffic that is coming from every other part of town.
Ellermeyer said the neighborhood is not against the development, but how can
the City Commission approve something that will cause so much damage and
waste money. If this is approved, great care should be taken so nothing is
destroyed in the process.
Marci Francisco, Lawrence, said she understands that in many cases
the Planning Commission looks at the plan and the City needs to look at the
plan and the fiscal ramifications. Francisco said she heard that KDOT owns
the right-of-way and she is not clear if they are talking about vacating
this and giving it to the developer or selling it to the developer. In many
cases taxpayers have purchased right-of-way. Francisco said she hopes the
City Commission will consider whether this should be sold.
Finger said it is her understanding that the right-of-way has
already been conveyed.
Francisco said if the City would like to find out if there were any
funds paid to the start for that she would appreciate it. Francisco
suggested that the City not allow development that the taxpayers may have
originally paid for and then the developers get it for free.
Commissioner Rundle said he was curious about the idea of the
one-way south on the frontage road and asked Watkins if the Home Depot
development would be affected.
Dan Watkins, Lawrence, said the traffic flow in and out would be
affected. The amount of traffic that would use the frontage road varied in
the traffic studies, but in terms of how all that area for those businesses
work, they did not think that was a good idea at this time. He said in
discussions with Dale Willey and others, KDOT and the City Public Works have
studied this for several years with the applicant. The plan that they had
came up with and the improvements that have been suggested, funded, and that
are now being constructed were thought to be necessary. If at some point,
additional improvements are needed in the vicinity of 29th and Iowa, this
development has agreed not to protest the formation of a benefit district
and would participate if additional improvements are needed. He said they
did not think a one-way south would make sense at this point.
Commissioner Rundle said most of the people are accepting the fact
that this is proceeding and are wanting to look into the future. One of the
concerns from the Indian Hills Neighborhood was future through traffic on
Ousdahl and other roads. He said he had heard that there are some other
draft plans for those issues. He asked if the applicant had been looking at
these plans as a matter of looking ahead.
Watkins said no. He said they did not want to extend Ousdahl at all
north. As part of the plan, they were required to extend Ousdahl 300 feet.
He said they did not have any plans to take that road north. He said there
has been discussion about planning for roads if you extended Ousdahl north
to 29th and out 29th and that might allow some circulation of traffic, but
that is an expensive fix. He said he was not aware of any plans. What he
has heard all along is that there is a strong resistance to taking anything
north to 27th Street because of the increase in traffic.
Vice Mayor Dunfield said he was curious about the question Francisco
raised about the transfer of right-of-way and how that came about.
Watkins said the transfer of the right-of-way came about the same
way it occurred on the other corners in that area where frontage roads at
the Target side and K-mart side where you cut-off access or get access
control along 31st Street. It was KDOT's policy if they have right-of-way
that is excess and is no longer needed, they will look at releasing it or
selling it. In this instance the factors they considered were similar to
the factors they considered with K-mart and Douglas County Bank in that two
access points to 31st Street at the frontage road and the driveway to the
gas station were closed. To buy access control at those locations is an
expensive proposition. KDOT also looked at the fact that there were
$3,000,000 worth of improvements out there, half of which were being paid by
the developer. He said KDOT looked at their right-of-way needs and
determined that 60 feet from the centerline was appropriate in this area
like it is in other areas. The developer agreed to give a 15-foot easement
for any additional lane of traffic on the east side in the future that
easement would be available. Under all these conditions and other
conditions that were negotiated with the City in terms of giving
right-of-way for utility easements and other considerations, it was released
to the developer. He said KDOT viewed this in a quid-pro-quo manner that
for the access control and the $1.5 million in street improvements and other
improvements, they felt it was a fair thing to do and they no longer needed
that right-of-way.
Vice Mayor Dunfield asked what would be the impact on the Home Depot
Annex Development if there were no access from that development from the
frontage road.
Watkins said there would be some negative impact. They projected
that a portion of that traffic is going to use that road. If you look at
the projections that were made in the traffic studies all along, they were
conservative projections and indicated that they would be somewhere around
11,000 or 12,000 additional vehicle traffic. This was presumably that all
this traffic is new and none of it was currently on an existing network. He
said if you took 11,000 or 12,000 cars a day and assign 5% of the traffic to
the frontage road going north and south, you would have 500 or 600 cars in
addition to the 3,000 cars that are currently on there. The last traffic
analysis took a higher percentage onto that frontage road so that there were
higher projections of traffic that could use that road. Logically, the
traffic that is going to use that road is traffic that is going north out of
the development to the 29th Street cut and take a right onto Iowa. He said
they did not think there would be a lot of left turns during peak hours
coming south on that road. In short, there are 3,000 cars a day on the
frontage road and they think this project will add some traffic, but there
was a question of how much. He said they were projecting 500 to 600
additional cars per day.
Mayor Hack said she appreciated all the work that has gone into this
project and all the compromising that had taken place. She appreciated the
suggestion of striping because trying to negotiate that area it is pretty
much every man for himself.
She said Suderman mentioned with the future use from the Traffic
Safety Commission as we see how this actually does work, this would be the
place to go for any adjustments on traffic direction on frontage roads. She
was in favor of the Planning Commission recommendation and supported
approval of this Preliminary Development Plan with the additional condition.
Vice Mayor Dunfield said he had a somewhat different view. He said
the condition that is being added that both parties have apparently agreed
to strikes him as meaningless. KDOT has essentially said that they were not
going to allow any significant redevelopment of that intersection under any
circumstances they can envision. To not protest a benefit district for
something that KDOT has said they will never allow, seems to him a fairly
meaningless condition. He said it seems to him that they are in this
position because this development from the beginning has required the
Commission to bend and stretch and break a lot of our planning guidelines
and part of the reason for that has been from the lack of candor about what
this development was going to ultimately consist of.
When we looked at the previous development for the Home Depot/Best
Buy portion of the site, they talked about requiring access to the Iowa
Street frontage road. At the time that requirement was placed, of course
they didn't see what the consequences of that would be. We couldn't see
them because we were told at that time that developer did not control that
site and therefore could not show us what the consequences of that decision
would be. Now we see what the consequences are and they are negative.
He said Watkins comment about the some negative impact of not being
able to have access to that frontage road is accurate, but the Commission
needed to consider that there is some considerable negative impact to the
neighborhood and to the City as a whole after already going through $1.5
million of taxpayer money finding out that we are creating a new set of
problems at this intersection at 29th and Iowa and suggested a compromise.
He said this doesn't meet any kind of rational engineering standards for
what it going on there now, much less an increase in the future. He said
let's change our position on the Home Depot property taking access to that
frontage road and simply cut off that access and allow it to continue to
serve the properties to the north, but not allow it to serve this new
development which clearly was greater in size than anything that's currently
serving that frontage road.
Commissioner Rundle said his primary concern is looking to the
future. Rundle said he is uncomfortable with the resignation with which
KDOT has given up the right-of-way and how everyone has ruled out the
possibility that the City might have to expand that street into six lanes.
Rundle apologized for being inaccurate with the plans and was told that some
engineering firm had drafted some plans in the future for cutting through to
get traffic north and this is to recognize that this is an on-going concern,
issue, and need. He said Vice Mayor Dunfield gives the City a compromise
to mitigate the impact that this project is going to have. It doesn't sound
like it is a major impact to the development, but it would be of major
assistance to the neighborhoods. He said if we don't approve this tonight,
we should be prepared to look at this in the future. If traffic does go up
significantly, then the City Commission needs to be prepared to address it
at that time. He said Vice Mayor Dunfield was correct in reminding us that
KDOT has said they have done everything possible and they did not want more
traffic lights on Iowa Street.
Commissioner Henry said he was not clear that KDOT would not approve
a right- in and right-out at 29th Street. He said 27th Street is becoming a
cut-through street and hesitated to have a lot of commercial traffic
diverted onto 27th Street. Henry said he supported the project, but it
should be looked at carefully, either blocking the access or making it a
one-way south all the way so that not traffic will exit the commercial zone
onto the frontage road northbound, but would all be forced to access the
egress on 31st Street.
Commissioner Kennedy said when the City Commissioner approved the
Home Depot development one of the requirements was that there was a need and
a major desire that they have to have cross access. He said it was only a
matter of time before the City Commission needed to work with KDOT to get
that access road at 31st Street shutdown because it has never worked since
it was built. The removal of access ways and that the City was going to
clean up this area is why KDOT came on board. He said KDOT wanted to
contribute $300,000 to improve the intersection. Kennedy said the City
Commission told Home Depot when they were developing this piece of property
that we needed to have cross access because there was no way that this
property would be redeveloped without having this property having access to
Home Depot. He said this would be a landlocked piece of property and this
would not work.
He as glad to see that there was an agreement with Dale Willy the
business owner who is most impacted by this development. With the
intersection and the access road at 29th Street, there will be additional
traffic impacting that intersection. Kennedy said there is a major problem
with 27th Street due to the fact that 31st Street is currently being
redeveloped. Kennedy said he supported this project.
Commissioner Henry said we needed to be aware of the traffic
situation to make appropriate changes if necessary. He would support
striping so that it would not allow any left turns out on to Iowa.
Commissioner Rundle said it was his understanding that this cross
access was so that all of these improvements would be available to the
entire property and could access Ousdahl and 31st Street. He did not think
closing this frontage road is cutting down the access dramatically when you
compare this to a lot of other projects. Rundle said it seemed that there
are three Commissioners that are in favor of opposing that access.
Commissioner Henry said he thought with the cross access there is
the ability to get traffic in and out of the area.
Vice Mayor Dunfield said it seemed to be a fairly straight forward
solution to say that since the City is spending $1.5 million of taxpayers
money and another $1.5 million of a developer's money to make that
intersection from 31st and Iowa to Ousdahl to work for a very large
commercial development, that the City Commission allow the smaller portion
of that same development to also share the use of that as its access point
and avoid creating any future problems by not channeling some percentage of
that development's new traffic onto a street which is already a problem and
an intersection which is clearly a difficult intersection to access and also
clearly KDOT is not happy with on their highway for good reasons.
He proposed that they send the Preliminary Development Plan back to
the Planning Commission with the direction that this development takes its
access through the Home Depot development, which is already been approved,
and not through the existing frontage road.
Commissioner Kennedy said this is what the Commission established
when the Home Depot was going to have cross access to this property. He
said the reason why we wanted this cross access was because we knew once
this property developed, that cross access needed to be in place, and in
turn, they could use that cross access to come back across Home Depot's
property and go to those exits.
Linda Finger, Planning Director said that part of the concern and
discussion at that time was the impact of all the traffic going out to
Ousdahl and the center access point would have on the properties to the
south. That is the reason why staff and Planning Commission recommended the
access to the frontage road.
Commissioner Kennedy said the City wanted Home Depot to have access
and wanted this development that we are talking about tonight to have access
back across the Home Depot property to get to the intersections.
Finger said the intent was to allow a point of access for traffic
leaving Home Depot traveling north.
Commissioner Rundle asked if it was clear at the time that KDOT had
a strong position on not putting a light on 29th Street or major
improvements.
Finger said from her point of view it has been clear for several
years that KDOT has no interest in traffic lights. What KDOT would find
reasonable to protect their traffic flow would be to make a solid median at
that midpoint before they would consider a traffic light.
Mayor Hack said that improvements do not necessarily mean a traffic
light. It could be widening or changing the grade or a number of other
improvements that KDOT might not object to.
Finger said you would need additional area to transition because it
is a steep grade. She said KDOT originally looked at "cul-de-sacing" the
frontage road at the north end for the fear of what is occurring now which
is people trying to find another way around the situation so they can go to
the north and go around the access. This was also briefly discussed at the
Planning Commission meeting. Making it a one-way south becomes a problem
for the property owners who are north of the midway point unless your only
going to make one-way south from the midway point south in which case it
could become somewhat confusing. She said this was something that she
would not make a recommendation on without first talking with the engineers.
Finger said they have talked about striping and the City engineers
said that was not a problem at all and would need to be done in the spring.
Commissioner Rundle said he has heard clearly from all City
Commissioners that 29th Street is difficult, confusing, and dangerous, but
he still hasn't understood why they are still pushing to do this.
Commissioner Kennedy said in the Planning Commission minutes
concerning this issue, there was a 6-3-1 vote and he believed it was the
City Commission's duty to continue on with the plan.
Moved by Kennedy, seconded by Henry, to approve the Preliminary
Development Plan (PDP-10-11-02) a proposed retail/restaurant development
generally located at the northeast corner of 31st & Iowa, subject to the
revised conditions:
1. Submission of a revised Preliminary Development Plan including:
a. Provision of a note on the face of the development plan stating that
the landowner must establish an agency for the ownership and maintenance of
common open spaces where they are to be retained in private ownership;
b. Provision of a note specifying any waivers or variances requested as
part of the plan approval;
c. Submit one north-south and one east-west elevation across the site
to show typical site layout, grade, etc.;
d. Provision of a note on the face of the development plan stating
"Occupancy permits for the proposed buildings shall not be issued until the
required public improvements are completed final inspected and accepted by
the Public Works Department";
e. Provision of architectural facades on the western sides of the
buildings to address the Iowa Street corridor;
f. 60' of right-of-way on 31st Street;
g. Corrected legal description on Sheet 1 that includes "to be platted
as Lots 1, 2, & 3, First National Addition No. 3;
h. Provision of a note on face of plan that state: "We hereby dedicate
to the City of Lawrence the right to regulate any construction over the
area designated as common open space, open air recreation area, and
non-encroachable area and to prohibit any construction, within said areas
and spaces inconsistent with the approved use of enjoyment of residents,
lessees and owners of the Planned Unit Development";
i. Distinction of square footage proposed solely for restaurant area
within gas station on Lot 1 I f so proposed;
j. Provision of additional trees and shrubs along western side of
buildings that are on Lots 2 and 3, to be approved by Planning Staff;
k. Provision of additional common open space to match setback land area
that is waived by the Planning Commission along the western boundary;
l. Clear depiction of cross-access easements between all contiguous
lots; and
m. Posted stop signs, directional signs, and locational pavement
markings to promote efficient traffic flow.
2. Submit a statement setting forth the reasons why any request waivers
should be allowed;
3. Provide a schedule showing the proposed time and sequence within
which the applications for final approval of all portions of the Planned
Unit Development are intended to be filed; and
4. Execution of an Agreement Not-to-Protest the Formation of a Benefit
District for future improvements in the vicinity of 29th Street and Iowa
Street.
Aye: Hack, Henry, and Kennedy. Nay: Dunfield and Rundle. Motion carried.
(20)
Mike Wildgen, City Manager, presented the staff report on the 2003
City Budget Issues. He said while the state's action was for the last half
of their fiscal year and the first half of the City's fiscal year, he did
not think the funds would be resurrected in the second half of the City's
fiscal year or the first half of the states 2004 fiscal year. He said
approximately $1.4 million would be lost, the majority was in the general
fund and part of this was going into the gas tax fund.
Wildgen said staff thought we might not be done with these cuts. He
said we want to make sure we emphasize the partnership we have with the
state, but there is a possibility that the gas tax and alcohol fund might be
cut again.
Staff had discussed some solutions for these cuts such as deferring
hiring and capital improvements until we see what happens with this
legislative action. He said personnel was 75% to 80% of the City's cost
which involved health insurance, retirement, and social security. He said
capital improvements could be looked at also. The City has some reserve
funds, but some of those are restricted such as our insurance because we are
self-insured.
Wildgen said there is a little bit more flexibility in the equipment
fund and capital improvement. Theoretically, you could have a hearing and
budget some of that money into an operating or general fund.
He said there will be more staff discussion to take a longer look at
issues and cuts. He said Parks & Recreation was going through a
reorganization to make their department more effective and also district
planning for taking care of the parks system. He said there might be some
areas in this organization that can also undergo this type of
reorganization.
Commissioner Rundle said he would like more information in order to
make reasonable decisions. Rundle asked if there weren't any dollar
figures in the proposals. Rundle said he was particularly interested if
staff is able to access the operational impacts that these cuts will have.
Mayor Hack agreed with Commissioner Rundle as to what is considered
to be the impacts. Hack agreed with the perspective that this should not be
an across the board percentage cut because that was not an equitable way to
handle this situation. If the City does hire any of the new positions,
unless we eliminate them later, we have the on-going costs of those
positions, but we also have the benefits that the position would give the
City. She was particularly concerned about the Planning Department because
of the amount of information that is required from that department, and the
fact that this department would not be given the additional help to
alleviate their workload.
Wildgen said staff could continue these discussions and bring back
a report to the City Commission in three weeks. He said ordinarily staff
would start recruitment for positions for the new positions at the first of
the year, but he assumed that the City Commission might want to wait on that
report.
Mayor Hack asked, since there is a scheduled meeting on the December
30th would that be sufficient time to gather this data?
Wildgen said yes.
(21)
Commissioner Rundle said the GFOA came out with some best practice
guidelines on Reserve Fund Balances and wanted to recognize the restricted
reserve balances and then those that are not earmarked.
During public comment, Marci Francisco, 946 Ohio, said she is
concerned that the City is going to lose another house in the Oread
neighborhood, which was located at 1001 Mississippi. A demolition might be
the result due to a decision made at the Board of Zoning Appeals meeting
last week. She appreciated the proposal for the BZA to have another
training session for their staff and ask the question of uniqueness.
Francisco said the lot at 1001 Mississippi is flat and larger than
the standard lot and there is nothing about the property that would make it
hard to develop or hard to follow the existing subdivision regulations. The
staff report stated the property was unique because it was in the original
town site. There are a lot of properties in the original town site and if
being in the original town site makes you unique then Francisco said she
thinks that the BZA is making the decision about what the original town site
ordinance should be.
The other issue concerning the BZA is that they are somewhat like
the Inspection Department because they are out there dealing with people and
they don't want to criticize people or say "no." She said it might be good
to ask if it is possible for the BZA to end their annual report to the City
Commission to include: the number of issues they addressed, how many they
found to be unique, and which ones they thought were actually a result of a
change that should be made in current ordinances. She said we should try to
make the BZA focus on, is this issue specifically a unique property, or is
this something the BZA did not know if the current ordinances made sense and
instead of waiting for the original townsite ordinance, that we do it in the
appropriate manner and make those ordinance changes through the City and
Planning Commission deliberations.
Commissioner Rundle asked that Finger make sure the BZA heard
Francisco's comments.
Finger said she certainly would provide the BZA with Francisco's
comments. (22)
During City Commission items, Commissioner Henry said he had the
privilege to speak with the graduates of the Fire/Medical Recruit-Training
Program. There were eleven people who went through a rigorous twelve weeks
of training and are now on duty. Henry said he appreciated their
willingness to step forward.
Commissioner Rundle said the City Employee Holiday Food Drive
received a substantial amount of donations and were continuing their
efforts.
Mayor Hack said Larry Kipp asked, when the City had the Lawrence
Association of Neighborhood presentation, was for the City to look at
options that could help with some funding issues, specifically with the
County in regards to nurses and the City in regards to athletic programs.
In order for the Commission to make decisions there should be more
discussion between the three entities and asked that they set the meeting in
January.
Mayor Hack also asked that Wildgen find out how other City
Commission's handle decorum at City Commission meetings and what types of
policies they have in place. She would rather have policies in place rather
than responding to something that citizens or staff was not pleased about.
Moved by Dunfield, seconded by Kennedy, to adjourn at 8:45 p.m. Motion
carried unanimously.
APPROVED:
_____________________________
Sue Hack, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
CITY COMMISSION MEETING MINUTES - DECEMBER 10, 2002
1. Purchase Land - 831 Garfield for $25,000, part of the 13th & Oregon
stormwater project.
2. Purchase Computer Systems - , Motorola MW800 for $60,200 for Police
Dept.
3. Biosolids Contact Renewal - Nutri-Ject Systems for $10.20/yard.
4. Bids - Various water treatment chemicals to low bidders.
5. Bid - Street Tree Project, to Cut-N-Edge for $142,176.
6. Resolution No. 6444 - Benefit District public hearing, George
Williams Way, between Langston Hughes & W 6th.
7. Prelim Dev Plan - (PDP-09-08-02), Delaware Commons, 28 dwelling
units, 3.2 acres, Delaware, between 12th & 13th.
8. Prelim Dev Plan - (PDP-10-10-02), Larkspur Townhomes, single-family
detached development, 4.1851 acres, S of W 27th & E of Wakarusa.
9. Rezone - (Z-10-36-02) 4.1851 acres, A & RO-1B to PRD-1, S of W 27th
& E of Wakarusa.
10. Right-of-way - Dedication of N Iowa for Northfield Estates.
11. Access Agreement - Penny Concrete to City Wastewater Plant in
exchange for City obtaining a permanent utility easement for lime residuals
project.
12. Mortgage Release - 204 N Michigan, Gale Fleming.
13. Mortgage Release - 2548 Cimmaron Dr., Kelli Rainbolt.
14. Mortgage Release - 1042 Rhode Island, Anne Underwood.
15. Golf Carts charges - GPS System, $16 per seat for 18 holes & $10.50
per seat for 9 holes.
16. City Manager's Report - Serological Corp, possible tax abatement
request/Open Shelter.
17. Boards & Commission Reports - Mechanical/Plumbing/Zoning/Historic
Resources.
18. Resolution No. 6442 - Benefit District - Public Hearing, sanitary
sewer for SW corner of 23rd & Louisiana.
19. Resolution No. 6443 - Benefit District - Public Hearing, 11th, E of
Haskell.
20. Prelim Dev Plan - (PDP-10-11-02) Home Improvement Ctr., 29th & Iowa.
(Additional condition added).
21. 2003 City Budget issues.
22. Public Comment - Oread neighborhood house at 1001 Mississippi/BZA
concerns