[E-minutes] January 14, 2003 - City Commission meeting minutes

[Diane Trybom]

				                 January 14, 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 Nobo was present.     
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to approve the City Commission meeting minutes of January 7, 2003.  Motion
carried unanimously. 
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to approve the Board of Plumbers and Pipe Fitters meeting minutes of October
16, 2002; the Draft Board of Zoning Appeals meeting minutes of January 2,
2003; the Draft Planning Commission meeting minutes of December 18, 2002;
and, the Sister Cities Advisory Board meeting minutes of December 4, 2002.
Motion carried unanimously. 
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to receive the draft Historic Resources Commission Action Summary of
December 19, 2002. 
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to approve claims to 246 vendors in the amount of $2,460,248.60 and payroll
from December 29, 2002 to January 11, 2003 in the amount of $1,357,286.93.
Motion carried unanimously.  
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to concur with the recommendation of the Mayor and appoint Eric Struckhoff
for the position vacated by Mark Tucker to the Bicycle Advisory Committee
which will expire on December 31, 2004; and, appoint Jerry Neibaum for the
position formerly held by Doug Heacock which will expire on December 31,
2003; appoint Craig Penzler to the position formerly held by Phyllis Watkins
which will expire on December 31, 2003; reappoint Julie Boyle and Louise
Hanson, to two year terms that will expire on December 31, 2004; and
reappoint Bill Roach and Bill Wood to three-year terms that will expire on
December 31, 2005, all to the Community Information Advisory Board (formerly
Internet Resources Advisory Board). Motion carried unanimously.
	As part of the consent agenda, it was moved by Kennedy, seconded by
Rundle, to set a bid date of January 28, 2003, 2:00 p.m., for the
Neighborhood Resources Comprehensive Rehabilitation Project at 3201 West
24th Street Terrace, 303 Eldridge Street, and 1624 East 18th Street Terrace.
Motion carried unanimously.
(1)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to approve the purchase of 800 MHz mobile radios from Motorola Direct in the
amount of $18,900 for the Police Department Traffic Unit.
(2)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to place on first reading Ordinance No. 7607, rezoning (Z-09-28-02) 1.0 acre
from RS-1 (Single-Family Residential District) to RM-D (Duplex Residential
District), located at 2010 Riverridge Road.  Motion carried unanimously.
(3) 
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to place on first reading Ordinance No. 7598, rezoning (Z-08-27-02) 3.9
acres from RM-D (Duplex Residential District) and RM-1 (Multi-Family
Residence District) to RS-2 (Single-Family Residence District) for lots
7-18, Block 3, Pinnacle West Addition.  Motion carried unanimously.
(4) 
Ordinance No. 7615, ordering the condemnation of a tract of property for
stormwater improvements generally located east of Haskell, north of 12th
Street was read a second time.  As part of the consent agenda, it was moved
by Kennedy, seconded by Rundle, to adopt the ordinance.  Aye:  Dunfield,
Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.
(5)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to approve the site plan (SP-11-81-02) for a Boarding House remodel, located
at 414 West 14th Street, subject to the following conditions:
		1.	A Site Plan Performance Agreement be executed (Per
Section 20-1433); and,
		2.	Execution of an agreement not-to-protest the
formation of a benefit district for the purpose of sidewalk improvements.

Motion carried unanimously.
(6)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to approve the site plan (SP-12-84-02) for sidewalk dining at Paradise Café,
located at 728-730 Massachusetts Street, subject to the following
conditions:
		1.	A Site Plan Performance Agreement be executed; (Per
Section 20-1433)
		2.	The applicant shall obtain a Sidewalk Dining License
from the City prior to occupying the public right-of-way; (Per Article
6-12); 
		3.	Execute a agreement with the City of Lawrence for
the use of the right-of-way: (Per Article 6-12) and,   
		4.	Revision of the site plan to include: (Per City
Departments)
				a.	Notation of the current interior
occupancy and exterior;
				b.	Dimension indicating a clearance of
6'6: of sidewalk between the planter boxes and the sidewalk dining area;
				c.	Removal of the gate on the north end
of the sidewalk dining area.  A note stating:  "The City will not be liable
for any damage to outdoor equipment associated with the outdoor seating area
for any required maintenance, installation and repair of City water lines on
the site"; and,
				d.	A note stating:  "The City
Commission reserves the authority to revoke the right to use the
right-of-way if the City Commission determines that noise, trash, or other
public concerns associated with the outdoor dining area warrant removal of
the outdoor dining area."
				e.	 Completion of HRC Conditions of
Approval (DR-08-54-2002).

Motion carried unanimously.
(7)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to approve the annexation request for approximately 2.0 acres generally
located on the west side of O'Connell Road near 1300 Road.  The property
owner's consent is contingent upon approval of a pending RS-2 zoning
request.  Motion carried unanimously. 				        (8) 
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to authorize the Mayor and the City Clerk to execute a Traffic Signal
Maintenance Agreement with the Kansas Department of Transportation for City
crews to maintain the existing traffic signals at K-10 and Wakarusa Drive
and at K-10 and Iowa Street.  Both of these locations are currently outside
the City limits.   The State will pay the City $4,872 annually to maintain
each signal and respond to emergency calls at each intersection.  The
agreement does not include major repairs or replacement of equipment.
Motion carried unanimously.  				        (9)  
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to authorize the City Manager to execute an engineering services contract
with Wilson & Co., not to exceed $15,000, for the City's share of the Kansas
APWA (American Public Works Association) Stormwater Consortium.  Motion
carried unanimously. 					      (10)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to authorize the Mayor to sign a Release of Mortgage for Dorothy Strobl and
Aaron Lucas, 1018 East Home Circle.  Motion carried unanimously.
(11)
As part of the consent agenda, it was moved by Kennedy, seconded by Rundle,
to authorize the Mayor to sign a Release of Mortgage for Jan See, 921
Lawrence Avenue.  Motion carried unanimously.
(12)
During the City Manager's Report, Mike Wildgen said that his report
contained a number of annual reports from several committees for the
Commission to review.  If there were any question, staff would be available.

Wildgen reported that Marion Johnson, County Appraiser, met with an attorney
from the Board of Tax Appeals concerning the property tax abatement for the
Airport.  It was determined that the Airport property taxes could possibly
be exempted.  Staff would submit an application to BOTA for review.
Wildgen also reported that the K-mart Store located in Lawrence would be
shut down.   However, the K-mart Distribution Center also located in
Lawrence was not scheduled to be shutdown.
(13)
Mayor Hack called a public hearing on the proposed special assessment
benefit district to improve George Williams Way from its current termination
north to West 6th Street.
Chuck Soules, Public Works Director, presented the staff report on the
issue.  He said this project would not connect into 6th Avenue until the
West 6th Street project (Hwy 40) is completed by KDOT.  The estimate
included the possibility of a third lane.  For the tracts that are
developing in this area, George Williams Way would be the only collector
street serving this area.  He said if a third lane needed to be constructed,
the estimate was sufficient to cover those costs.  The City would pay for
any additional width in excess of 31 feet from back of curb to back of curb.
The City is a property owner within the benefit district, which is Tract No.
2., and the School District owns Tract No. 1.  This benefit district is
being established on a front footage basis.
Vice Mayor Dunfield asked Soules if he could be reminded of the timing for
both the potential extension of George Williams Way and the 6th Street
Improvements.
Soules said the 6th Street project is planned to be bid in 2004 and would
take approximately 1 ˝ years to 2 years to complete.  George Williams Way
could be completed in approximately 6 to 9 months with construction to begin
in September or October and completion would be prior to when 6th Street
would begin.   
Commissioner Kennedy asked how this road would connect to the actual
roadway, once that was completed.
Soules said the road would just stop.  The 6th Avenue project would come
around with the "return" of the intersection and tie in.  
Mayor Hack said conceivably the tie into that road could be in the year
2006.
Soules said possibly.
Commissioner Rundle asked if the method of assessment could be changed at
this time.
David Corliss, Legal Services Director, said the only thing that could not
be changed was the size of the benefit district.  The method of assessment
could be changed.
Mayor Hack said that another tract could not be added to the benefit
district.
Corliss said yes, unless the Commission wanted to start the benefit district
process over.  If the Commission decided that there is property that needed
to be in the benefit district it would not be fatal to the project, but
would take a few weeks to start the process over.
Vice Mayor Dunfield asked Soules to explain the merits of front footage
versus square footage assessment on this particular benefit district.  He
said Soules stated that George Williams Way was the only collector street
serving the area and were all 5 of these tracts totally dependent on George
Williams Way for access.  
Soules said Harvard Road would connect into the collector street.      
Vice Mayor Dunfield said since Tract 5 covered a lot more land area, was
there any argument that they derived a greater benefit? 
Corliss said that was a City Commission judgment.  The court decisions that
have reviewed benefit districts that have been established by city governing
bodies usually give deference to Commissions on choices between front
footage and square footage.  As a general practice with collector streets
that are of a straight nature, as opposed to something that might be more
problematic, if it didn't have a straight alignment, we've usually followed
the front footage method.
Soules said with front footage, Tract 5 is paying approximately half of the
project.  Their assessment would be spread across that development based on
a square footage basis.  As the lots develop, they would get their portion
of the front footage assessment that the whole tract received.
Mayor Hack called for public comment.
Chris Collister, owner of Tract 4 in the benefit district, had a concern
that an entity could come up with a plan, which included a property that her
family owned for 33 years, the cost assessed to her property was
approximately $290,000, and no one bothered to let her know until she
received a letter notifying her of this public hearing.  She did not agree
or want this benefit district and said this would not benefit her property.
She had tried to contact property owners in the benefit district to see if
they could work out something, but was not successful.  She is not going to
pay $290,000 so all of the other property owners could develop their
property.
Phil Struble, Landplan Engineering, said he wanted to clarify Vice Mayor
Dunfield's comment about the spreading of the size of Tract 5 versus some of
the other sized benefit districts.  He said one of the things looked at when
looking at benefit districts and spreading the costs is a front footage
basis and after it is spread on front footage how do you spread it among the
rest of the property.  He said for instance, if you took one of those tracts
and spread it over a 300-foot wide area, each one of those lots that was
within that 300 foot wide area, would have a $25,000 - $30,000 assessment
while lots 50 feet away would have none.   
He had talked with property owners and Soules about their plans for this
property and how they would spread those costs so that they are spread over
the basis that is equal within their development and was a level of dollars
that lots within Tract No. 3 and Tract No. 5, and hopefully at some time
Tract 4, could individually bear in the market place and sell the lots.  He
said Tract No. 5 looked relatively large, however, if you had a bigger map,
Tract No. 3 is larger.  The developers elected to have a smaller piece and
assess those properties against those lots because they thought they could
do something different with those lots.      
Commissioner Rundle asked Struble if he had had discussion with Collister
about these matters.
Struble had talked to Collister frequently over the last 5 or 6 years about
what could happen and it happened quicker than he had anticipated.  He did
not call Collister when this proposed benefit district was established last
Fall.  
Commissioner Rundle asked if the costs were available for these tracts and
asked if it was possible to compare how these would be assessed on an
average size lot?
Soules said he broke these costs down based on the estimate and front
footage.  Based on approximate estimates and percentages these were: Tract
No. 1, $121,000 (4.8%); Tract No. 2, $138,000 (5.5%); Tract No. 3, $824,00
(33.7%); Tract No. 4, $289,000 (11.6%); and Tract No. 5, $1.1 million
(44.3%).  
Moved by Dunfield, seconded by Kennedy, to close the public hearing.  Motion
carried unanimously.					
Vice Mayor Dunfield said as this issue was being discussed at the agenda
meeting, he raised the question of fairness to a property owner that isn't
interested in developing or ready to take that step and could essentially be
forced to do so if a benefit district assessment was placed on her property
in this way.  He asked Corliss if there was any alternative method for
assessment.  
Corliss said there are some communities that have established Deferred
Special Assessment Programs.  He said Lawrence's development policy did not
call for such a program.  Essentially, what was involved in that process was
that the property owner and the City  would enter into an agreement whereby
the City pays the costs that the property owner would bear for the special
assessments with the understanding that if the property was ever developed,
then those costs are due and owing to the City at that time.  This
instrument would work like a mortgage on the property.  There would be an
encumbrance on the property that could only be excused, forgiven, or
redeemed by the property owner, but there would be no requirement for
payments by the City until such time that the property was redeveloped.  The
Commission would need to define what redevelopment would mean which wouldn't
mean rehabilitation of the existing structure, but changing its use
significantly.  
He said it was the City's plan that there would not be any access to this
tract from West 6th Street.   The access would come from an improved George
Williams Way and eventually, what is now called Fence Line Road, on the east
side of Collister's tract.  When 6th Street is improved, that is how this
property would be given access to 6th.  This was one way to proceed with
this situation.  It was his recommendation, if the City Commission was going
to start with a Deferred Special Assessment Program, that it be a policy
statement of the Commission because they would have similar requests.  Most
of the City's special assessment request had been on "raw ground" and did
not include existing residences.   There are some communities that have
followed this process and this was new information to the City Commission.
He said this might be a policy decision that the Commission did not want to
pursue.  The City would essentially act as the banker until the property is
redeveloped.  There would be financial consequences to the community as
well.
Vice Mayor Dunfield said realizing that this issue was taking the City into
new territory, he was attracted to this idea because the Commission needed
to be mindful that there would be a benefit to this property as a result of
this development of the road and the value of the property would reflect
that benefit, but on the other hand, if the Commission could avoid being in
the situation of forcing that action before a property owner is ready to
act, he thought it would be beneficial.
Mayor Hack said there is clearly benefit to this property, but there is a
question as to "when" there is benefit to this property.  She was not
opposed to investigating this approach for this particular use, but the
Commission needed a clearer definition for significant change in use.
Commissioner Rundle asked if the Commission needed to establish that policy
before applying it?
Wildgen said it would be good to draft a policy for the Commission's review.
He gave an example of the City and County having an agreement with DCDI,
located in East Hills Business Park.  The County bought the land and the
City had constructed the roads and utilities.  As those lots sell, the
property owners are required to repay the City and County.  This was a case
where the bonds had been paid-off, but the City and County had not been paid
back entirely because all of the lots had not been sold.  
Mayor Hack asked if the Commission should defer authorizing the preparation
of the resolution?
Corliss said if this issue was at the comfort level of the Commission, the
Commission could adopt the resolution, after it has been published, there is
a 20 day protest period, so the City could not sign a contract with the
design consultant until that time has expired.  He said staff could come
back with some vehicle within a month depending on the issues that come up.
He thought this was something that could be pursued if that is what the
Commission desired.
Mayor Hack said the Commission's direction would be to authorize the
preparation of the resolution and this would allow policy to be developed at
the same time.
Commissioner Kennedy had a question concerning the School District.  He said
we had a School District that was facing major budget cuts and now they were
facing $121,000 in improvements for this benefit district.
Corliss said this would be a good question to bring up during tomorrow's
study session.  He had informed the School District that this benefit
district was coming.  He said if you asked representatives from the School
District, they would advise the Commission that there is a State law that
allows them to levy for special assessments, independent of the school's
finance authority.  It is not as though we were not paying this with our
school taxes, but it is not crowding out other school finances.  He said
they would clarify this issue at the study session.
Commissioner Henry said in this particular instance, he agreed with Vice
Mayor Dunfield's comments concerning what could be done to help relieve the
Tract No. 4, property owner.  There would be some benefit, but when will
that occur. 
Moved by Dunfield, seconded by Kennedy, to approve the proposed special
assessment benefit district to improve George Williams Way form its current
termination north to West 6th Street; and, direct staff to prepare the
appropriate resolution.  Motion carried unanimously.
(14)
Mayor Hack called for public comment.
After receiving no public comment, it was moved by Rundle, seconded by
Dunfield, to adjourn at 7:00 p.m.   Motion carried unanimously.

	
APPROVED:
	
_____________________________
									Sue
Hack, Mayor
ATTEST:

___________________________________             
Frank S. Reeb, City Clerk

CITY COMMISSION MEETING MINUTES - JANUARY 14, 2003

	1.	Bid Date Set - Rehab project, 3201 W 24th St. Terr., 301
Eldridge, & 1624 18th St., Terr, Jan 28, 2003.

	2.	Purchase 800 MHz mobile radios, Motorola Direct for $18,900
- P.D.

	3.	Ordinance No. 7607 - 1st Reading, rezone (Z-09-28-02) 1
acre, RS-1 to RM-D, 2010 Riverridge. 

	4.	Ordinance No. 7598 - 1st Reading, rezone (Z-08-27-02), 3.9
acres, RM-D & RM-1 to RS-2, Lts 7-18, Blk 3, Pinnacle W Add.  

	5.	Ordinance No. 7615 - 2nd Reading, condemnation for
stormwater improvements, E of Haskell, N of 12th. 

	6.	Site Plan - (SP-11-81-02) Boarding House remodel, 414 W
14th.

	7.	Site Plan - (SP-12-84-02) Paradise Café, 728-730 Mass.

	8.	Annex - 2 acers, W side of O'Connell near 1300 Rd. 

	9.	Agreement - Traffic Signal Maintenance with KDOT for K-10 &
Wakarusa & K-10 & Iowa.

	10.	Contract - APWA Stormwater Consortium to Wilson & Co., not
to exceed $15,000.

	11.	Mortgage Release - 1018 E Home Circle, Dorothy Strobl &
Aaron Lucas.

	12.	Mortgage Release - 921 Lawrence Ave., Jan See. 

	13.	City Manager's Report - Tax Abatement for Airport/K-mart
shut down.

	14.	Benefit District - George Williams Way, N of W 6th.