[E-minutes] City Commission meeting minutes - March 4, 2003

[Diane Trybom]

				                       March 4, 2003

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.  =
Student
Commissioner Elmore was present.         =20
Because of the weather and out of courtesy, Mayor Hack postponed the =
regular
agenda scheduled presentations from the Board of Electrical Examiners,
Douglas County Emergency Management Board, Mental Health Board, and the
Parks & Recreation Board.=20
Moved by Kennedy, seconded by Henry, to recess into executive session =
until
6:50 p.m. for the purpose of discussing personnel matters of =
non-elected
personnel and to consult with the City Attorney on matters deemed =
privileged
in the attorney-client relationship.  Motion carried unanimously.=20
The Commission returned to regular session at 6:50 p.m.=20
Mayor Hack proclaimed the week of March 10 - 16, 2003, as "Cover the
Uninsured Week"; the month of March as "March for Meals Month"; and =
also,
the month of March as "Mental Retardation and Developmental =
Disabilities
Month."
As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to approve the City Commission meeting minutes of February 25, 2003.  =
Motion
carried unanimously.=20
As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to approve the Convention and Visitors Advisory Board meeting minutes =
of
January 28, 2003; the Lawrence-Douglas County Housing Authority meeting
minutes of December 17, 2003; the Recycling and Resource Conservation
Advisory Board meeting minutes of January 8, 2003; the Neighborhood
Resources Advisory Committee meeting minutes of February 13, 2003; and, =
the
Aviation Advisory Board meeting minutes of January 16, 2003.  Motion =
carried
unanimously. =20
	As part of the consent agenda, it was moved by Rundle, seconded by
Dunfield, to approve claims to 235	 vendors in the amount of
$3,772,281.17.  Motion carried unanimously. =20
	As part of the consent agenda, it was moved by Rundle, seconded by
Dunfield, to approve the Drinking Establishment Licenses for Last Call
(previously Tremors), 729 New Hampshire; El Mezcal Restaurant II, 804 =
Iowa;
Bubba's, 2228 Iowa, Wheatfields Bakery & Caf=E9, 904 Vermont; the =
Retail
Liquor Licenses for Hird Retail Liquor, 601 Kasold, No. B101; and, =
Harper
Corner Liquor Store, 2220 Harper, Ste: C.  Motion carried unanimously.
  	As part of the consent agenda, it was moved by Rundle, seconded by
Dunfield, to concur with the recommendation of the Mayor and appoint =
Jay
Zimmerschied and Tracy Green to the Fire Code Board of Appeals for =
terms
that will expire on January 31, 2006; reappoint Sandra McKenzie to the
Historic Resources Commission for terms that will expire on March 1, =
2006;
and, appoint Alicia Tsosie to the Lawrence Alliance for terms that will
expire on November 30, 2003.  Motion carried unanimously.
A bid concerning 23rd and Louisiana was a walk-on item on the consent
agenda.
The City Commission reviewed the bids for 23rd and Louisiana Sanitary =
Sewer
Improvements for the Public Works Department.  The bids were:
		BIDDER					BID AMOUNT=09
		Engineer's Estimate				$33,425.00
		R.D. Johnson Excavating			$22,130.00
		Civil Development				$24,024.00
		Clisso Company, Inc.				$27,597.00
		Meadows Construction Co., Inc.		$46,699.25
		Razorback Contractors			$46,735.00
	=09
As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to award the bid to R.D. Johnson Excavating, in the amount of =
$22,130.00.
Motion carried unanimously.
(1)
	The City Commission reviewed the bids to lease with the option to
buy two backhoes for the Public Works Department.  The bids were:
		BIDDER					BID AMOUNT=09
		Murphy Tractor				$28,715.89 ea
		Victor R. Phillips				$29,846.94
ea

As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to award the bid to Murphy Tractor for $28,715.89 each, totaling =
$57,431.78,
with the option to buy at the end of the three years for $57,431.78.  =
Motion
carried unanimously. 		        (2)
The City Commission reviewed the bids for the second phase of the =
asphalt
paving for the compost site near 11th and Haskell for the Public Works
Department.  The bids were:
		BIDDER					BID AMOUNT=09
		LRM Industries				$130,200
		R.D. Johnson					$132,825
		Hamm Asphalt				$135,000
		Killough Construction				$150,705
		McAnany Construction			$157,875

As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to award the bid to LRM Industries, in the amount of $130,200.  Motion
carried unanimously.       (3)
As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to authorize the City Manager to enter into a contract with Delich Roth =
and
Goodwille Engineers (DRG) for engineering services for the Burlington
Northern and Santa Fe Railroad Sanitary Sewer Improvement project =
(Utilities
Department), in the amount not to exceed $25,750.  Motion carried
unanimously.
(4)
As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to authorize the City Manager to approve a change order to the existing
contract with Danis Construction in the amount of $30,278 for =
additional
work for the Wastewater Treatment Plant Expansion Project.  Motion =
carried
unanimously. 						        (5)
As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to place on first reading Ordinance No. 7623, annexing approximately =
one
acre generally located at the northeast corner of North Iowa Street and
Riverridge Road.  Petition requesting annexation has been received from
Alvin and Dorothy Daniels.  Motion carried unanimously.  	        (6)
As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to place on first reading Ordinance No. 7624, establishing the quorum =
of the
City Commission at four members pursuant to Charter Ordinance No. 25.
Motion carried unanimously.	        (7)=20
As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to place on first reading Ordinance No. 7625, establishing revised =
special
assessments for 27th Street and Crossgate Drive box culvert.  Motion =
carried
unanimously. 			        (8)
As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to place on first reading Ordinance No. 7626, establishing revised =
special
assessments for Crossgate Drive, 24th Street to 27th Street box =
culvert.
Motion carried unanimously. 	        (9)
As part of the consent agenda, it was moved by Rundle, seconded by =
Dunfield,
to authorize the Mayor to sign a Release of Mortgage for John and Essie
Rice, 1124 Rhode Island.  Motion carried unanimously.
(10)=20
At the request of the applicant, Mayor Hack deferred for one week, the
request for an art donation to be placed in Watson Park.
(11)
Resolution No. 6455, establishing a public hearing date for a proposed
special assessment benefit district for Orchards Golf Course was pulled =
from
the consent agenda for discussion.=20
David Corliss, Assistant City Manager/Legal Services Director, said two
weeks ago the City Commission directed staff to prepare a resolution =
that
would establish March 25, 2003, as the public hearing date to determine
whether or not to establish a special assessment benefit district to
purchase the Orchards Golf Course.  He said if the Commission adopted =
the
resolution, it would be published twice, one week apart, and no later =
than 3
days before March 25, 2003.  He said staff would also send a mailed =
notice
to the property owner of record to receive this resolution. =20
The resolution included 55 tracts including the West Meadows =
Condominium
Association at the southeast corner of the benefit district and =
established
a cost of $950,000; provides that the benefit district will pay up to =
and
including $280,000 with the City-at-large paying the remainder; and a =
method
of assessment based on appraisals from the Douglas County Appraisers as =
of
December 1, 2002.
Corliss said they had spent quite a bit of timing make sure that the =
legal
descriptions worked for the properties in question.  Staff had also =
talked
with Bond Counsel, Gilmore & Bell, about the resolution.  This =
resolution
was different in a lot of respects in regards to the issue of =
improvements.
There was some question about whether or not the City could, for =
example,
establish a benefit district to acquire conservation easements.  The =
City of
Lawrence clearly has the authority to buy a conservation easement, but =
it
was staff's determination that there was nothing in the special =
assessment
statutes that would allow the City to special assess solely, the cost =
of
acquiring conservation easements. =20
He said the appraisal method was also discussed and he agreed that was
allowed by statute.  Bond Counsel believed that the properties that =
adjoin
the golf course needed to be included in their entirety and that =
included
Tract 55 because excluding that tract, might raise a legal challenge =
because
it was similarly situated to the other 54 tracts.
He thought it was appropriate to adopt this resolution to set March 25,
2003, as the hearing date if the Commission so desired.  Staff would =
provide
notice to all of the tract owners.  	If the City Commission's desire =
was
not to assess the Condominium Association, there might be other methods =
and
they could include them in the benefit district, by absorbing the costs =
or
make the Condominium Association's contribution less based on some =
other
type of method.  It seemed clear with staff's review of the law, Bond
Counsel's review of the map, and the statutory constitutional =
requirements
that at this time, it was appropriate to include the Condominium =
Association
in the benefit district.                 =20
Commissioner Rundle asked Corliss who would have the grounds to bring =
such
an action against the district for lack of including those properties.
Corliss said any of the property owners would have grounds to bring an
action.  Significantly, because the City was debt financing this =
project,
the benefit district formation and mapping was reviewed by the Kansas
Attorney General's Office for compliance with the statutory =
requirements.
It was the Bond Counsel's view that the City wouldn't be able to get a
benefit district past that review if it did not include Tract 55.  Even
though all of the property owner's might agree to pay for the =
assessments,
excluding Tract 55, it did not mean that the City could proceed with =
this
project.
Commissioner Rundle asked if the City had exempted properties in the =
past
for various reasons.
Corliss said in the past, when the City approved the benefit district =
for
Crossgate, between 27th Street and Clinton Parkway, the City had 100% =
of the
property owners agree to pay for those costs.  The City excluded the =
Four
Seasons residents on the east side of Crossgate thus, causing the same =
type
of problem.  Even though all of the property owners agreed to the =
benefit
district, the fact that the City excluded property owners that =
benefited
from the project and were similarly situated to those that were in the
benefit district, the benefit district was not allowed to proceed. =20
He said they were trying to change that statutory requirement in the =
State
Legislature with Senate Bill 178.  He testified at the State =
Legislature in
favor of, if you had 100% owners agreeing to a benefit district and the =
fact
that there was property that did benefit, but the property was not =
included
in the benefit district, it would be allowed to proceed.  Even if that =
was
enacted this year, it would not be effective until July and that would
require the City to have 100% of the property owners agreeing. =20
Vice Mayor Dunfield asked for purposes of protesting the benefit =
district
was Tract 55, the Condominium Association, considered a single owner.
Corliss said that was his interpretation because it was the association =
that
has title to the real estate in question.
Mayor Hack asked about the number of property owners necessary to =
protest
the formation of the benefit district.=20
Corliss said it was 51% of the resident owner of record, plus 51% of =
the
area.  Given the hard work the neighborhood had done on this issue, it =
would
be unlikely that it would be protested out.
Commissioner Rundle said the other mechanism the City had accommodated
people with who didn't want to be in the benefit district or didn't =
feel
they should be was by the City-at-large absorbing that cost.  He asked =
if
the other property owners in the benefit district could absorb those =
costs.

Corliss said that was a good suggestion to address.  He said that was a
likely alternative that staff would present to the Commission if it =
were the
Commission's desire not to assess that property.  He said they would =
still
be included in the benefit district and staff would find an alternative
means of recouping that assessment.=20
Jean Milstead, resident in the proposed benefit district, said on =
behalf of
the surrounding property owners, they appreciated all of the assistance =
that
the City had given them in helping this item proceed in a timely =
fashion.
Commissioner Kennedy thanked the Orchard Neighborhood for joining in to
bring forth a benefit district that would benefit Lawrence now and in =
the
future.  He hoped the City Commission would bond together and proceed =
with
the purchase of this golf course.  He said the Parks and Recreation =
staff
would provide services needed at that location and there were a lot of
things that could be done creatively like concessions as they do at the
Aquatic Center.
It was moved by Kennedy, seconded by Rundle, to adopt Resolution No. =
6455,
establishing March 25, 2003 as a public hearing date on the proposed =
special
assessment benefit district for the acquisition of the Orchards Golf =
Course.
Motion carried unanimously.   (12)
During the City Manager's Report, Lisa Patterson, Communications
Coordinator, wanted to express to the Commission how much work had been =
done
in terms of a committee effort, to create a set of government services =
for
residents, businesses, and employees that would be available over the
Internet on a 24/7 basis.  To accommodate the additional on-line =
services, a
new look had been created. =20
She said the egov committee approached this effort as, how can they get =
the
best product with the City's limited budget.  This website was looked =
at on
how they could serve everybody with technology and provide an =
attractive
website.  She said City departments would be given some tools such as =
style
guides and templates that would support them in getting a =
professionally
designed page without any additional expense. =20
She also informed the Commission that one in-house feature of interest =
was
staff agendas for advisory boards.
(13)=20
Mayor Hack called a public hearing on the application for a Drinking
Establishment License for Quinton's Bar & Deli, to be located at 1700 =
West
23rd Street.  This new license facility is within 400 feet of Schwegler
Elementary School and the hearing is to consider a request for a waiver =
from
the distance requirements of the City Code.  =20
She asked if this location previously had a drinking establishment =
license.
Corliss said yes.  This was the former Magic Wok location and the =
Drinking
Establishment License had lapsed because the business closed.    =20
Commissioner Rundle asked if there was any comment from the School =
District.
Corliss said the staff had not received any comment from the School
District.
Mayor Hack called for public comment.=20
Upon receiving no public comment, it was moved by Kennedy, seconded by
Rundle, to close the public hearing.  Motion carried unanimously.

Moved by Henry, seconded by Kennedy, to approve the request for a =
Drinking
Establishment License for Quinton's Bar & Deli, to be located at 1700 =
West
23rd Street.  Motion carried unanimously.
(14) =20
Mayor Hack called a public hearing on the proposed special assessment
benefit district for the improvement of Crossgate Drive, including =
slope
repair and construction of a retaining wall.
Chuck Soules, Public Works Director, presented the staff report.  He =
said
back in January, the Homeowners Association requested that the City
Commission establish this benefit district.  Their basic need was to =
repair
a retaining wall that abuts the slope on Crossgate Drive.  The slope =
and
retaining wall were failing and the City Commission agreed with the
Homeowners Association to be a participant with this project.  The =
scope of
the work included reconstruction of the west half of Crossgate Drive,
stabilizing the slope, replacement of the water line, and replacing the
retaining wall.  The estimated cost of the project was $116,550.  Each =
lot
in the benefit district would be equally assessed and the City's
participation was 50%.
Mayor Hack called for public comment.    =20
Upon receiving no public comment, it was moved by Henry, seconded by =
Rundle,
to close the public hearing.  Motion carried unanimously.

Moved by Rundle, seconded by Dunfield, to adopt Resolution No. 6454,
ordering the improvements of Crossgate Drive, including slope repair =
and
construction of a retaining wall.  Motion carried unanimously.
(15)=20
Chuck Soules, Public Works Director, presented a staff report =
concerning the
intersection of 31st and Nieder Road.  He said in September staff had
discussed the idea of a roundabout at this location because they =
thought
there was some benefit to a roundabout with the awkwardness of the =
driveways
and how Neider Road would intersect 31st Street.  As a result of these
discussions, HNTB was hired to complete a study.  The initial intent of =
this
study was to look at the different options for a signalized =
intersection or
a roundabout.  Soules said early on they decided that a roundabout =
would not
work at this intersection so the scope of work was changed to include =
just
signal layouts.=20
Kevin Wallace, HNTB, said with the roadway improvements associated with =
the
Home Depot project that was currently underway at Iowa and 31st Street,
those project limits were just shy of 31st and Nieder and there was =
some
concern with the property owners on the north side, Goodwill and Aldi, =
as
how their access was going to be taken care of following those =
improvements.

One of the initial reasons for looking at the roundabout was because of =
the
offset driveways that were mentioned.  A roundabout could have fit in =
there
nicely, which would allow them to keep those driveways offset and =
provide
safe and efficient access at the intersection.  As they looked at this
roundabout and how it provided a safer intersection and eliminated a =
lot of
potential for right angle or head on crashes, it slowed and controlled
speeds.  If you looked at this roundabout compared to a signal at that
location, if you look at the roundabout by itself, it functioned better =
than
a traffic signal.  If you looked at the roundabout in proximity to 31st =
and
Iowa, because it was processing traffic so efficiently, it actually was
allowing cars to arrive at 31st and Iowa even faster and those cars =
began to
stack up back through the roundabout.  At that point, they realized =
that the
roundabout option was not going to work and signal options were looked =
at. =20
He presented a report to the City Commission outlining the different
alternatives to the signal option.  When you look at Nieder Road in =
relation
to the existing driveway for the Aldi and the median that would be
constructed with the Home Depot improvements, it would have blocked its
access.  One of the things they needed to do with the signal =
alternative was
to find a way to make this a safer signalized intersection.  Some of =
the
options they looked at were: potentially offsetting the Nieder =
alignment, of
course, that created some additional impact to the Douglas County Bank
property on the south side which was a concern because the bank was
accommodating and easy to work with through the Home Depot =
improvements;
slightly skewing the intersection of 31st and Nieder to try to get that
through movement to line up; different parking lot configurations as =
they
changed the access trying to provide parking close to the Goodwill =
building;
allowing access to come through adjacent to the Goodwill building with =
much
larger parking; different options for right-in/right-out; and tried to =
set
up some cross access for any future development that might occur for =
the
property south of Aldi.   At the time they began this study, there was
someone interested in trying to develop that property as possibly a =
KWIK
Shop, but they had backed off on that idea at this point.  Part of =
their
consideration was to try and set this site up so that if someone did =
locate
there, they would have appropriate access.
After putting together six different options and discussing them with =
City
staff, the preferred alternative was the 1st option.  With this option, =
what
your able to gain, was with very minimal construction on the south side
you're able to curve the intersection to the northeast and align those =
lanes
up with access on the north side.  Through meetings with Goodwill, they
learned that one of their concerns was to keep their handicapped =
parking
adjacent to the building and that allowed them to provide that =
handicapped
parking.  It also allowed them to look at a smaller parking area =
further
north to accommodate their other customers.  In addition to this, it =
allowed
them to use the existing entrance into Aldi's and configure it as a =
right-in
only so that traffic coming from 31st and Iowa would be able to access =
the
Aldi site without having to travel through the Goodwill site.  But =
again,
because of the way that the median configuration was and by trying to
maintain the left turn storage that was required for the Home Depot
improvements that still needed to be a right-in and not a full access
location.  They were able to configure the drive within the Aldi and
Goodwill properties to allow access back to a signal at 31st and =
Neider. =20
Having gone through these issues with City staff and arriving at this
alternative, they first met with a representative from Goodwill and it =
was
his opinion that all of their concerns had been met.  He said the
representative was reserved about the possibility of a roundabout at =
that
location and the signal was a welcomed sight for him.  By maintaining =
the
handicapped parking and providing other parking, he was pleased and had =
no
objections to what was presented to him.  At that point, City staff had
contacted the remaining property owners in the four corners.  He said =
Aldi
was the second property owner with the most impact.  While their =
driveway
becomes a right-in only, they were still granted a full access to a =
signal
further to the west.  On the south side, the Steak & Shake property on =
the
southwest corner was virtually unaffected.  Based on their study it =
appeared
that they would be able to construct the improvements on Neider without
requiring any additional permanent right-of-way from the Douglas County =
Bank
property.  If they move forward with the design of this option, they =
would
need to look at that closer to see if temporary easements were =
required, but
as they did more survey, it appeared that they would not require any =
right
of way from them as well. =20
Mayor Hack asked if there was a left-turn southbound to the east out of
Aldi's.=20
Wallace said yes.  They were able to maintain that storage for 31st and =
Iowa
and had provided, based on their traffic analysis, adequate storage for =
the
people wanting to go south on Nieder, but again, to provide that full =
access
into that location, the median needed to be pulled back.
Commissioner Rundle asked if there was any concern about cross access
agreements not being forth coming or in hand already in terms of =
Goodwill
and Aldi.
Soules said both Goodwill and Aldi had expressed a desire to work =
together.
He said this project would probably come at the tail end of the 31st =
and
Iowa project.  He said staff would do everything possible to make sure =
they
were not building curb and tearing it back out.  He said they were at a
point where they know when they would need to pull back on the 31st =
Street
improvements.
Commissioner Rundle asked if the eastbound traffic, the left turn into =
the
Goodwill property, was that unusual the way the stopping point was set =
back
from the Goodwill entrance?
Wallace said the reason was the skew on the intersection.  In looking =
at the
turning radius from the northbound Nieder movement to the westbound =
31st
Street, if you look at the path of the vehicle coming through that left
turn, that was how far back you need that left turn to be able to clear =
a
vehicle making that northbound to westbound left turn movement.  He =
said
they looked at all of those turning radii, not only for the passenger
vehicle, but also they spoke with Aldi and Goodwill about their truck =
sizes
and what needed to be accommodated as far as truck turning movements =
and
they were able to analyze and provide for those as well.  He said it =
would
be more desirable if they could straighten that intersection out, but =
with
the site characteristics, they could not do that.=20
Mayor Hack said short of a barricade for those people going left, that =
would
be clearly marked.  She asked if someone should move up, could you =
still go
into the right hand lane?
Wallace said yes.  They were fairly conservative with the turning =
radii,
particularly for passenger vehicles.
Vice Mayor Dunfield said he was curious about the interface between =
this and
the 31st and Iowa project.  He asked if the proposed curb line on the =
north
side of 31st was derived from the 31st and Iowa project.
Wallace said the dashed lines in the plan were the proposed =
improvements for
Home Depot.  One of the sub-consultants that they used for this project =
was
LandPlan and they were responsible for designing a lot of the =
improvements
for Home Depot.  They had access to a lot of their planned information =
and
files.  He said they coordinated their locations with LandPlan.  Since =
they
arrived at this preferred alternative, they had been working with City =
staff
to see, should this be approved, that many of those proposed =
improvements on
31st Street might be done by the contractor that was out there now.  He =
said
they were still working out those details.
Vice Mayor Dunfield asked if basically what was dashed on the drawing =
was
what was already anticipated as part of the 31st and Iowa improvements.
Wallace said yes.
Commissioner Kennedy said with those dashed lines on the south side of =
the
road, it was the same improvements that were happening for Home Depot =
in the
Douglas County Bank area where we were not impacting them more than =
what the
original design for the intersection was.
Wallace said yes.
Mayor Hack called for public comment.
Vice Mayor Dunfield said the only comment he had was the idea of the
right-in lane, which seemed excessively wide based on the graphics =
provided.
One of the issues that neighbors of this project had talked about was =
the
fact that there were people who were always looking for interesting
shortcuts to get around going through signals.  He said that particular =
lane
would concern him because it appeared to be wide enough for two or =
three
cars.  If it was a right-in only, we might want to narrow that lane.
Wallace said the main reason for that lane, was because of the skew =
that
they had to place at the intersection of 31st and Nieder. There were
delivery trucks that access the Aldi and Goodwill sites and that skew =
would
make it difficult for them to enter the site through the signal because =
of
off tracking.  Currently, Aldi's trucks were using that drive to access =
the
site and what was done was that driveway was narrowed up as much as =
possible
to still be able to accommodate the path of the truck vehicle.  He said =
they
recognized that as a concern as well and that was why they tried to =
direct
that movement so it would be apparent to someone heading back =
southbound.
The goal was to try and provide access for those trucks similar to what =
they
had now.
Vice Mayor Dunfield said as the design proceeds anything that could be =
done
to discourage that wrong way activity would be helpful.
              Mayor Hack said this had to be one of the most unusual
intersections that the City had.  She said it was fascinating to see =
all the
different designs Wallace proposed and how he was able to come up with =
a
design that worked well at that location.
	Moved by Commissioner Kennedy, seconded by Commissioner Henry to
authorize the City Manager to execute an engineering design contract =
for the
31st and Nieder Road Intersection Improvements with HNTB Corporation in =
the
amount of $55,900.  Motion carried unanimously.
(16)

	Chuck Soules, Public Works Director, presented the staff report
concerning a traffic calming device at Century Drive and Crestline.  At =
the
November 26, 2002 City Commission meeting there was a request to do =
some
traffic calming at the intersection of Century and Crestline Drives.  =
At
that time there was a different type of traffic calming device that fit =
in
as a roundabout and median and caused some difficulty with larger =
trucks and
was going to be extremely expensive both to design and build.  The City
Commission directed staff to try and take a look at some alternatives =
such
as Option 1 or 2 where they could potentially close the roads.  David
Woosley, Traffic Engineer, conducted a survey with a number of options =
and
sent them to the residents to ask them to rate the option they =
preferred.
The majority of the surveys came back and they preferred the easiest =
option,
Option No. 3.  The Fire/Medical Department said as opposed to closing, =
they
would prefer to have it open and Option No. 3 was better than what they =
had
out there at that time.  Option 3 could be done in-house.  It was =
basically
a median to stop or slow vehicles down.  Staff could do this in-house =
for
approximately $5,000 to $7,500.  If the Commission desired, staff was
looking for direction to proceed.            =20
	Mayor Hack said she did not want to close the roads.  One of the big
concerns was with the Fire/Medical Department.  She appreciated Woosley
working with the neighbors to come up with something that works for the =
good
of the community and neighborhood.
	Vice Mayor Dunfield said it was rare that a traffic solution would
be simple and inexpensive.  He said for the sake of the public viewing =
at
home, the Commission did look for those kinds of solutions when they =
present
themselves.
	Moved by Henry, seconded by Henry, to direct staff to proceed with
the construction of a traffic calming device at Century Drive and =
Crestline
Drive.  Motion carried unanimously.    (17)
	Chuck Soules, Public Works Director, presented a request from Home
Depot concerning public infrastructure improvements and a temporary
occupancy permit.  He said they were presenting the Commission with the
interim traffic control plan for the opening of the Home Depot project. =
 He
said the north half of the road was completed and they were currently
working on the south half.  There was a concrete barrier curb that runs =
down
the street with 3 lanes that were open.  One lane that goes east, one =
lane
west, and a turning lane that provides access to all the different =
driveways
throughout the project.  Home Depot was making a request to open =
earlier and
presented this issue as an Interim Traffic Control Plan.   He presented =
a
map to the Commission showing another proposed concrete barrier curb, =
which
would be installed in the middle of the turning lane to prohibit the =
left
hand turning movement into the main Home Depot entrance.  He said staff =
felt
this was important because of the traffic that might be generated could
potentially back up and cause problems across the Pine Ridge access and
possibly conflict to the Iowa stacking.  He said the main access to the =
Home
Depot during this interim period would be off Ousdahl Road.  He said =
there
was a working signal there, but it wasn't permanent.  If the weather
cooperates, they could potentially have a permanent installation of a
traffic signal before the proposed opening date.  Traffic would go to
Ousdahl to access the property.  The eventual main Home Depot entrance =
would
be open to a right-in and right-out to give flexibility and again, they
would have access onto the frontage road.  Appropriate signage would be
placed out on project.  They said staff had met with all of the =
properties
in the area and everyone seemed pleased that this project would open =
soon
except Western Extralite because they had a concern about the traffic, =
but
all of the other comments were positive.  However, there was one =
concern
with the Post Office about the continuation of access and that there =
trucks
could get in and out. =20
	As far as safety, staff did construction on projects all the time
and this would be no different.  He said staff would make it as safe as
possible, but it would be congested at times and people would need to =
drive
appropriately.  The total improvements were basically established for =
full
development, which was Pine Ridge Plaza, the proposed Best Buy, and the
Commerce Plaza. None of these businesses were open at this time.  The
traffic volumes that were projected shouldn't be as high because the =
project
would not be fully developed.  The development plan was permitted with =
the
stipulation that all the improvements needed to be completed.  This =
would be
the decision the Commission would need to make.
	Commissioner Rundle asked what made this project exceptional and
what would keep this from opening the Commission up to every future =
project
that wanted permission to open early.         =20
	Mayor Hack said this would be a City Commission decision.
	Vice Mayor Dunfield said the concrete barricades and the lanes that
were open were there now.  He said Soules mentioned there was also a
temporary traffic signal and that the City might have the permanent =
poles in
place.  Because only half of the lanes were open, we would still have a
temporary traffic signal set up even if it was hanging from permanent =
poles.
He asked what the timing of that signal would be and would it be timed =
the
way the current temporary signal was or would they need to do a new =
sequence
of operation for that time period.
	Dave Geyer, Lawrence, said Commissioner Rundle had brought up the
question that he had which was if this group wanted to open early what =
was
to prevent another commercial project that gets done early to say that =
the
Commission set a precedent for opening early and why can't they. =20
	Dan Watkins, representing Home Depot and the developer, said the
letter he had earlier submitted covered a lot of the issues and the =
drawing
that was presented and reviewed by staff also addressed a lot of these
problems.  He said they believed they had a condition that would be =
safe and
would allow the movement of traffic through this area. =20
As to the question about the traffic signal, those would be retimed to =
allow
the left turn movement off of 31st Street onto Ousdahl and the light =
would
be retimed to accommodate that to move that traffic into the site.  =
There
would be a right-in/right-out at mid-block, where the mid-block signal =
would
be so that would allow access out so that it wouldn't come back through =
the
Ousdahl entrance.  This has been a unique project in that the Home =
Depot
partnered with the City and in the development of the project, they =
worked
closely with City staff to make sure that the improvements that were
completed out there were going to benefit everybody, particularly the
traveling public because this was a full blown improvement for an
intersection that was failing already before this development began.  =
The
first development plan that the City approved called for a signal =
mid-block
to serve only the Post Office and that has now been moved to serve both =
the
Post Office and Pine Ridge Plaza. =20
In regards to the median that might have cut-off all of the Pine Ridge =
Plaza
access, it now has a protected left turn movement into the west =
entrance of
Pine Ridge Plaza and there was significant on-site improvements for =
both the
Post Office and Pine Ridge Plaza.  All of these improvements have taken =
time
and over time they have worked out.  The developer and Home Depot =
agreed
with City staff on the acquisition and improvement costs and had =
partnered
with the City.  In the end this would be a great public improvement for =
this
area for everyone.  In the meantime this was a fairly big operation =
when you
start constructing this size of a building working to stock it as well =
as
hire employees.  The on-site improvements would be completed and they =
did
not anticipate having a disjuncture between the completion of the store =
and
the completion of public improvements.  They now have the south side
right-of-way that would allow them to get there to accomplish those =
other
improvements.  He thought the Home Depot could make the best case as to =
why
they want to be open and have 120 employees start work. =20
Louis Peters, Kansas District Manager for Home Depot, said they had =
opened
the hiring trailer a week early recognizing that K-mart was closing =
down and
they thought this would be a good opportunity to build relations here =
in the
community and try to get some of those people hired on with them =
providing
them with an employment opportunity.  He said they started the hiring
process on February 17, 2003.  He said they had managed to interview =
over
30% of the former K-mart staff and 25% of that composition was =
comprised of
those former K-mart associates.  He said their concern was that =
anything
that was going to slow down their progress might inhibit their ability =
to
provide that service and extend those job offers.  They had received =
over
1,400 job applications and intended to staff their facility with
approximately 126 people on their staff and they had currently hired 65
employees.  In addition, Home Depot Human Resources has worked with the
local workforce and the KETCH employment services, which was an =
employment
service that was designed to assist individuals with a wide range of
disabilities and they were also working with Job Link.  He said they =
were
extremely excited to get this building open and to service the =
community.
He said there were good reasons to extend the approval for this =
facility.
Mayor Hack discussed her initial safety concerns.  She said obviously =
this
was not an ideal situation.  She said the Home Depot and City Staff =
would
like to have all these worlds collide at the exact same time, but =
through a
variety of circumstances, this was not happening.  She felt comfortable =
that
with the proper markings, stripping, and barricades that it would work.
She said they also needed to be aware of the issue of jobs.  Here we =
have
the opportunity to provide people with jobs, not only people looking =
for
jobs, but for the people who have been displaced because of the K-mart
closing.   The job issue was the major component of why this was an
exceptional situation.  She said because of budget concerns, looking at
those potential sales tax numbers was a good opportunity to help that
matter.  She supported giving the occupancy permit to Home Depot.

Commissioner Rundle had a contrary viewpoint, which he said might come =
as no
surprise.  The overriding concern that he had with negotiations with =
these
actions we expected from K-mart and other projects that had come before =
the
Commission was that we have clear and consistent guidelines and apply =
them
uniformly.  He did not think there was a case that was made, that this
project was exceptional.  Retail generated sales tax was a finite =
quantity
and all we were doing was shifting it from one place to another.  In =
the
long run, perhaps we'll enjoy increased sales tax.  He said this would =
be a
marginal affect in terms of sales tax and employment.
He thought Soules did a good job at making a case that this was a safe
construction zone, but it was not just a construction zone, but a
construction zone that was also going to be a very busy retail site.
Frankly, the only opportunity was the proposed generation of $4,000,000 =
in
sales taxes and gives someone the opportunity to have a $4,000,000 =
funeral.
He thought safety was first and the City needed to stick to their =
policies.

Vice Mayor Dunfield said he had struggled with this project because he =
was
cognizant of the fact that Home Depot was going to open at this =
location
whether in April or later in May and certainly the potential revenue =
loss
both to the company and to the City was something they needed to take =
into
consideration.  He continued to worry about the safety of this =
temporary
roadway and in particular he found that the current temporary situation =
at
31st and Ousdahl was intimidating and a scary situation.  When he =
considered
that was to be maintained with a significant increase in traffic in and =
out
of that intersection, it worried him more.  He said Watkins made the =
point
that the 31st and Iowa intersection was failing and we could certainly =
argue
that has been a problem intersection even before this construction =
started.
Certainly, if it was failing before the construction started, it was
existing in a significant state of failure everyday while the =
construction
was underway and to add to that burden with the type of traffic Home =
Depot
wanted to generate with the Grand Opening of their first store in =
Lawrence
was something that was a significant safety concern and was the =
dominant
concern for him.
Commissioner Henry agreed that safety was a concern, but he was =
interested
in Soules comments that stated, "The proposed interim plan would =
provide a
construction zone as safe as any other."  He said we would continue to =
have
construction projects throughout the City.  He thought people needed to =
be
extremely careful when they navigate this area.  He was compelled by =
the
fact that this project would put some people to work that would =
otherwise be
unemployed and thought at some degree, this was the exceptionality in =
this
instance.  He said this was probably a rare situation with a store that =
was
opening and taking employees from a store that was closing across the
street.  He said it was important to keep the sales tax revenue in our
community and the earlier we could capture that, the better.  He =
supported
the project.
Commissioner Kennedy said there had been many delays to 31st Street and =
it
was not Home Depot's fault.  They had been one of the leaders that had
worked with the community and City staff to design a road that would
ultimately be safe.  He said with the discussion concerning HNTB what =
the
City should do when they start construction at 31st and Nieder Road =
would be
to tell all those businesses in that area that it was not going to be =
safe
in this area and to shut down their business while under construction.  =
He
said safety has always been his issue.  He said the City had received
$200,000 from the State to expand this intersection and make it safe. =20
He said 31st Street and Home Depot did not cause K-mart to close.  =
K-mart
had issues of their own, such as Chapter 11.                          =20
Concerning Louisiana and 31st Streets and how much additional traffic =
was
going to be generated, in his opinion this was going to be a push.  He =
said
as a Commission in the past, they had developed safety measures to =
reduce
and slow down traffic on Louisiana Street, which was recommended by the
neighborhood.  The City Commission initiated these safety measures and =
it
was paid for by the City-at-large. =20
He thanked the Indian Hills Neighborhood for emailing their concerns =
about
Home Depot opening.  He said Home Depot would open and maybe a month =
early.
He said they wanted to initiate a good relationship with the Home Depot =
and
the City of Lawrence.  They had worked with each one of those =
neighborhoods
in this area to ensure what they did to the streets and roads would be =
as
safe as possible.  He said the Commission knows that there would be
additional traffic in this area. =20
He said another email asked a question about his homegrown business and =
why
he would want Home Depot to come to Lawrence.  He said as a City
Commissioner, he was there to look at the entire community at large and
decide what was best for the community.  He said it was to have Home =
Depot
come to Lawrence to generate that tax revenue and jobs for this =
community.
He said the Home Depot was selling the same product as his business, =
but as
a homegrown business and being in Lawrence for 50 years, he would, as =
well
as his employees, take the challenge to provide a quality product =
comparable
to theirs and in his opinion, his business could provide superior =
service.
This was a position business people needed to take.  He reiterated that =
he
was elected to serve the entire community.
His position was to approve and recommend the occupancy permit because =
this
would be an economic improvement, add sales tax revenue, and jobs.  =
This was
one of the top City Commission goals, which was economic development, =
job
retention, and job expansion.          =20
He said the Home Depot has done an exceptional job and believed that =
the
City would be coming in on this project under budget.  He said they =
were
looking forward to a complete and safe road. =20
Finally, he said it appeared that the City would be experiencing March
madness in this political campaign.  There has been a coalition formed. =
 He
said, Commissioner Rundle has consistently voted against any type of
commercial business development in our community.  Jobs were not on
Commissioner Rundle's priority.  They were on his campaign issue, but =
not
his priority as he votes at the City Commission.  Kennedy said Rundle =
has
consistently voted against businesses.
Commissioner Rundle asked Mayor Hack if they were campaigning =
politically at
this time.
Commissioner Kennedy said no, he was making a statement.          =20
Mayor Hack asked Commissioner Kennedy to keep this discussion to Home =
Depot.
Commissioner Kennedy said the continuing growth of this City was very
important.  We need to have a growing tax base and growing job base.  =
We
have a chance with Home Depot to have some of our commuters who go to =
Kansas
City to work at Home Depot to come back to Lawrence to work in our Home
Depot and that was important for the City of Lawrence.  He recommended
approval of opening Home Depot early and the occupancy permit.
Commissioner Rundle said he thought Commissioner Kennedy would have the
final word whenever they had the vote, but he wanted to add his own =
final
comments.  He said if we are going to talk about sales tax, we have to =
do so
in a meaningful way.  You can't just simply make a statement that there =
was
going to be an increase in sales tax and expect it to be so.  The =
reason why
commercial was exempted in the statutes from tax abatements was because
you're simply moving it from one place to another if you move a =
commercial
project because of tax abatements.  If we're going to talk about this, =
lets
just don't "presume" that there some immense gain in sales tax, but =
lets
show that in a meaningful study.=20
He said Eric Kelly has been helping us prepare for our Adequate Public
Facilities and has said numerous times that developers want =
predictability
and consistency.  If we're looking at the whole community, then he =
thought
they should set clear and consistent policies and apply them uniformly. =
 He
said we don't play the politics of exceptions without some clearer =
basis for
making those exceptions. =20
Rundle said he thought Commissioner Kennedy was quite mistaken that he =
voted
against everything commercial and hoped he would eat those words =
eventually.
	Moved by Kennedy, seconded by Henry, to direct staff to issue a
temporary occupancy permit to Home Depot starting April 10th.  Aye: =
Hack,
Henry, and Kennedy.  Nay:  Dunfield and Rundle.  Motion carried.
(18)=20
Mayor Hack called for Commission Items.
Vice Mayor Dunfield said there was a comment that came up in the course =
of
some email discussion from the neighbors concerning this issue in a
peripheral way and it had to do with the question of how the opening =
and
operation of Home Depot was going to affect traffic on some of the
neighborhood streets and in particular, 27th Street.  One of the issues
discussed in that regard was first of all, do we have information about
traffic counts on 27th Street from before the construction started and
second, if it might be advisable several months after the Home Depot =
was
open, to do another set of traffic counts to try to measure what kind =
of
changes might be happening at that location.
David Woosley, Traffic Engineer, said back in June 2001, they did a =
seven
day count on 27th Street, just east of Iowa.  Due to the timing, when a
majority of the students were out of school, they did a follow-up study =
in
September 2002, after that improvement at 27th and Iowa was complete.  =
He
said they plan on doing another traffic count this June so they would =
have
comparable data with school in session.  The seven day average back in =
2001
and the one day of traffic counts in September 2002, were within
approximately 80 cars over a 24 hour period, so there wasn't a lot of
change.  He said they also did peak hour turning movements at all of =
their
signalized intersections every couple of years and they had traffic =
counts
from November of 2000 and September of 2002.  The amount of traffic on =
the
east leg of that intersection went down.  He said they would continue =
this
process after Home Depot opens and would get more counts on 27th =
Street.
He said they would have a basis to compare those counts.
Commissioner Rundle said any extra counts were just going to add to a
broader picture.               =20
Moved by Dunfield, seconded by Kennedy, to adjourn at 8:25 p.m.   =
Motion
carried unanimously.


							APPROVED:
=09
_____________________________
									Sue
Hack, Mayor
ATTEST:

___________________________________            =20
Frank S. Reeb, City Clerk

CITY COMMISSION MEETING MINUTES - MARCH 4, 2003
	1.	Bid -  23rd & Louisiana sanitary sewer, R.D. Johnson for
$22,130. (Walk-on)

	2.	Bid - Lease 2 backhoes from Murphy Tractor for $28,715.89
each.

	3.	Bid - Asphalt paving for compost site near 11th & Haskell to
LRM Industries for $130,200.

	4.	Contract - Engineering services for Burlington Northern &
Santa Fe Sanitary Sewer Project to Delich Roth & Goodwillie Engineers =
for
$25,750.=20

	5.	Contract (Change Order)- Wastewater Treatment Plant
Expansion Project to Danis for $30,278.=20

	6.	Ordinance No. 7623 - 1st Reading, annex 1 acre, NE corner of
N Iowa & Riverridge.

	7.	Ordinance No. 7624 - 1st Reading, City Commission quorum at
4 members.=20

	8.	Ordinance No. 7625 - 1st Reading, revised special
assessment, 27th & Crossgate box culvert.

	9.	Ordinance No. 7626 - 1st Reading, revised special
assessment, Crossgate, 24th to 27th box culvert.

	10.	Mortgage Release - 1124 Rhode Island, John & Essie Rice.

	11.	Art Donation -  Watson Park (deferred for 1 week)

	12.	Resolution No. 6455 - Public hearing date, March 25, for
Orchards Golf Course.

	13.	City Manager's Report - Egov Committee

	14.	Drinking Establishment - Public hearing for Quinton's Bar &
Deli, 1700 W 23rd.

	15.	Resolution 6454 - Benefit district public hearing,
Crossgate.

	16.	Engineering Design Contract - 31st & Neider with HNTB for
$55,900.

	17.	Traffic Calming Devices - Century & Crestline.

	18.	Home Depot - Public infrastructure & temporary occupancy
permit.