[E-minutes] City Commission meeting minutes of April 22, 2003
Diane Trybom
dtrybom@ci.lawrence.ks.us
Fri, 25 Apr 2003 11:02:54 -0500
April 22, 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 Dunfield
presiding and members Highberger, Rundle, and Schauner present.
Commissioner Hack was absent.
With Commission approval, Mayor Dunfield proclaimed the week of April 21 -
25, 2003 to be "Tree City USA Week"; and Friday, April 25, 2003 as "Arbor
Day." Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to approve the City Commission meeting minutes of April 15, 2003. Motion
carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to approve the Housing Trust Fund Board meeting minutes of March 18, 2003;
the Recycling and Resources Conservation Advisory Board meeting minutes of
March 13, 2003; the Sesquicentennial Commission meeting minutes of April 2,
2003; the Sister Cities Advisory Board meeting minutes of March 12, 2003;
the Parks and Recreation Advisory Board meeting minutes of February 11, 2003
and March 11, 2003; and the Aviation Advisory Board meeting minutes of
February 20, 2003. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to approve claims to 394 vendors in the amount of $1,663,604.50 and payroll
from April 6, 2003, to April 9, 2003 in the amount of $1,331,304.43. Motion
carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to concur with the recommendations of the Mayor and reappoint Larry Frost to
the Board of Electrical Examiners to a second term which will expire on
March 31, 2006; appoint Frank Lewis to the Board of Plumbers and Pipe
Fitters which will expire on April 30, 2006; appoint Jeff Shmalberg to the
Public Library Board which will expire on April 30, 2007; the appointments
of David Kingsley, Peach Madl, Chuck Magerl, Scott Hazelitt, Dave Hiebert
and Judy Keller to the Smoking Task Force; reappoint Donna Osness, Charles
Briscoe, and Kirk Lambright to the Special Alcohol Fund Advisory Board to
additional terms which will expire on April 30, 2006; and reappoint Danny
Drungilas and John Ziegelmeyer Jr., to the Traffic Safety Commission for
additional terms which will expire April 30, 2006. Motion carried
unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to approve the change order to RD Johnson in the amount of $17,480 for
additional wetlands improvement north of the Kaw River Treatment Plant
(Wetlands Mitigation Project associated with the Airport Runway Extension
Project). Motion carried unanimously. (1)
The City Commission reviewed the bids for 1742 Learnard, 1201 West 22nd
Terrace, 2425 Overlook Circle, and 1210 Hacienda Lane for the comprehensive
rehabilitation projects for the Neighborhood Resources Department. The bids
were:
BIDDER 1742 Learnard 1201 W 22nd Terr 2425
Overlook Cir 1210 Hacienda Ln.
Schmidt Construction $32,410.00 $14,760.00 $26,168.25
$31,604.10
General Construction $34,610.00 $15,127.00 $31,509.00
$31,824.00
Clovis Construction $13,259.00
$33,043.00 $36,507.00
Master Plan Management $15,530.00 $31,691.00
$32,950.00
L&S Sales and Services $12,998.00
$34,998.00
Staff Estimate $32,900.00 $16,700.00 $29,750.00
$28,775.00
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to award the bid for 1742 Learnard to Schmidt Construction for $32,410; 1201
West 22nd Terrace to L&S Sales and Service for $12,998; 2425 Overlook Circle
to General Construction for $31,509 because the bid from Schmidt
Construction was rejected due to the departmental project completion policy;
and, reject the bid for 1210 Hacienda Lane because the applicant withdrew.
Motion carried unanimously.
(2)
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to place on first reading Ordinance No. 7636, authorizing the possession and
sale of alcoholic liquor in Broken Arrow Park on May 9 and May 10, 2003.
Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to place on first reading Ordinance No. 7637, designating East 965 Road as
Yankee Tank Court. Motion carried unanimously.
(4)
Ordinance No. 7467, annexing approximately .466 acre, located north of North
Street and east of North 3rd Street, was read a second time. As part of the
consent agenda, it was moved by Rundle, seconded by Schauner, to adopt the
ordinance. Aye: Dunfield, Highberger, Schauner, and Rundle. Nay: None.
Motion carried unanimously. (5)
Ordinance No. 7628, establishing the maximum special assessments for the
improvement of the Crossgate retaining wall, was read a second time. As
part of the consent agenda, it was moved by Rundle, seconded by Schauner, to
adopt the ordinance. Aye: Dunfield, Highberger, Schauner, and Rundle.
Nay: None. Motion carried unanimously. (6)
Ordinance No. 7634, establishing the maximum special assessments for the
improvement of West 6th Street at Comet Lane, was read a second time. As
part of the consent agenda, it was moved by Rundle, seconded by Schauner, to
adopt the ordinance. Aye: Dunfield, Highberger, Schauner, and Rundle.
Nay: None. Motion carried unanimously. (7)
Ordinance No. 7635, establishing the maximum special assessments for the
improvement of the 31st Street and Nieder Road intersection, was read a
second time. As part of the consent agenda, it was moved by Rundle,
seconded by Schauner, to adopt the ordinance. Aye: Dunfield, Highberger,
Schauner, and Rundle. Nay: None. Motion carried unanimously.
(8)
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to adopt Resolution No. 6465, ordering a public hearing on May 22, 2003 on
the advisability of the construction of Research Park Drive from 15th Street
south 920 feet. Motion carried unanimously.
(9)
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to approve the site plan (SP-03-19-03) for a Sidewalk Dining area for Zen
Zero, an existing restaurant, located at 811 Massachusetts Street, subject
to the following conditions:
1. A site plan performance agreement be executed; (Per
Section 20-1433)
2. Execution and approval of a sidewalk dining license;
3. Execution and approval of a right-of-way agreement;
4. Provision of a note stating, "Site plan has been
designed to comply with the Provision of the Americans with Disabilities Act
Accessibility Guidelines (ADAAG) for buildings and facilities, Appendix A to
28 CFR Part 36"; and
5. Provision of a note regarding any Historic Resources
Environs actions taken for the project.
Motion carried unanimously.
(10)
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to approve the site plan (SP-02-09-03) for an addition to the Tuckaway
Apartments, located on the north side of West 6th Street, east of Lawrence
Avenue, commonly know as 2600 West 6th Street, subject to the following
conditions:
1. A site plan performance agreement be executed; (Per
Section 20-1433)
2. Removal of the parking spaces shown on the adjacent
property;
3. Provide proposed topographical lines, drainage
direction arrows, and detention changes. Approval by the City Stormwater
Engineer prior to release of the site plan to obtain building permits;
4. Revise spacing of street trees to provide more
evenly spaced streetscape;
5. Provide continuous evergreen screening hedge from
proposed trash enclosure north to the maintenance building; and
6. Label purpose of 15' easement within West 6th
Street,
Motion carried unanimously.
(11)
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to approve the site plan (SP-03-18-03) for an Outdoor Patio at Buffalo Wild
Wings, Inc., located at 1012 Massachusetts Street, subject to the following
conditions:
1. Execution of a site plan performance agreement (Per
Section 20-1433)
2. Execution and approval of a sidewalk dining license;
3. Execution and approval of a right-of-way agreement;
4. Provision of a note stating, "Site plan has been
designed to comply with the Provision of the Americans with Disabilities Act
Accessibility Guidelines for buildings and facilities Appendix A to 28 CFR
Part 26; and
5. Provision of a note regarding any Historic Resources
Environs action taken for the project.
Motion carried unanimously.
(12)
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to approve the license agreement with Colony Woods Apartments for placement
of a sign in a utility easement. Motion carried unanimously.
(13)
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to authorize the Mayor to execute the Certification of Real Property
Acquisition Procedures for Project No. 53-GI2-901(S) 6th Street and Kasold
Avenue, Geometric and Traffic Signal Improvements as required by KDOT. This
project was funded by the State last year as a safety improvement and the
scheduled to be bid date by the State in June. The State pays ninety
percent of the cost of construction with the City responsible for ten
percent. Motion carried unanimously.
(14)
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to approve the Lawrence Arts Commission's recommendations for the 2003
Community Arts Grant Program. Motion carried unanimously.
(15)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to approve the Lawrence Arts Commission's recommendation for the
16th Annual Downtown Lawrence Outdoor Sculpture Exhibition. Motion carried
unanimously. (16)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to authorize the Mayor to sign a Subordination Agreement for James
and Patrice Krause, 1419 New Jersey Street. Motion carried unanimously.
(17)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to authorize the Mayor to sign a Subordination Agreement for Aaron
and Khalila Blosser, 1226 Connecticut Street. Motion carried unanimously.
(18)
During the City Manager's report, Mike Wildgen said that The City of
Lawrence enjoyed a 32% recycling rate in 2002 - an increase of 2% over last
year.
Also during the City Manager's report, Ed Mullins, Finance Director,
presented the 2003 1st quarter financial report. Concerning the economic
forecast, he said the economy was slow and we were seeing minimal growth due
to the war in Iraq. While the fighting has slowed down, there was still the
question of what was going to happen with the new government in Iraq and how
much money it would take to establish a democracy there.
The Federal Reserve was still keeping interest rates low and the rates might
be reduced a little more. That becomes a concern for the City because the
Fed primarily controls short- term interest rates and the City invests in
short term debt issues. For the first quarter of 2003, the amount earned
from investments dropped to 2.2% from 3.5% in the first quarter of 2002. He
said we would not make budget in terms of projected interest revenue.
Consumer confidence was starting to show improvement. Consumer spending,
however, has slowed and during the first quarter of 2003 our sales tax
collections were approximately 3% less than last year's first quarter.
In the General Fund, Intergovernmental revenue was $183,466, which was 10%
of the budget. That was the result of the elimination of the State Demand
Transfer coming home to roost. We are now seeing the impact of the
governor's reduction or elimination of the Local Ad Valorem Tax Reduction in
State Revenue Sharing. This was the area where we would lose 1.2 million
dollars in the General Fund. Overall in terms of the General Fund for the
end of the year, he anticipated our revenues coming in approximately 1
million dollars less than what we had budgeted.
On the expenditure side, we reduced the General Fund budget by approximately
$712,000 as a means of partially offsetting the 1.2 million dollar reduction
in Demand Transfers. In overall expenditures, the major groupings in the
General Fund were below 25% in the quarter. He said revenues exceeded
expenditures by $2,309.296, which looked good for the 1st quarter, but by
the end of the year he anticipated that it would be a 3.4 million dollar
deficit. He said they drew down the General Fund balance for 2002 by about
1.4 million and by the end of 2003 we would see that down another 3.4
million which would leave us with a fund balance at approximately 13% of
expenditures. This was a concern going into the 2004 Budget year. It was
extremely important that we bring the revenues and expenditures in the
balance. There is a concern about our bond rating, due to our debt burden
and some of the financial ratios that were being reported.
The Recreation Fund receives about 50% of its revenue from user fees and the
other major source was property taxes. A concern in the Recreation Fund was
the Outdoor Aquatic Center. He said it was going to be very difficult to
meet what was budgeted for outdoor pool revenue as well as class
enrollments. He was projecting revenue in the neighborhood of $25,000 below
budgeted revenues in the recreation fund. On the expenditure side it was
tough because they were seasonal with more activity in the spring and summer
months.
The Transportation Fund expends out of 2 funds. One was property tax
supported the other fund was the grant revenue. The contract with MV
Transportation made up that 75% of the expenditures in the property tax
supported fund. As a result, most of the budget here was set. They would be
conducting negotiations for a service provider beginning in 2004. He said
they reduced the 2003 property tax levy by about 1.3 mills. That came about
because the first year the transportation system wasn't started until
December, but they had the property tax levy in effect for the full year.
Concerning the Enterprise Funds, all the revenues with the exception of the
Golf Course Fund met or exceeded 25%. The Golf Course fund probably was not
going to make their revenue budget, unless they had a 20% increase. Last
year the revenue came in at a little less than $1,000,000 and they had a
little less than 1.2 budgeted in revenues this year. They would probably
need to restrict their expenditures.
As of March 31, 2003, the City of Lawrence had over $90 million in cash and
investments. He said 36% of our portfolio was invested in certificates of
deposits, 55% in governmental agencies and 7% was in cash. In order to
boost our return, we had been investing in callable government agencies,
which were agencies that would have a 3 or 4-year maturity, but they were
callable in 3 to 6 months. Those interest rates were 3% or 4% and they were
confident that those would be called. By the war ending, hopefully, the
economy would pick up. He said there was some concern about the short-term
rates would bounce up. As a result, they were not investing into callable
government agencies anymore. The interest earnings for subsequent quarters
would likely be less than the 2.2% in the first quarter.
In conclusion, we were starting to see the impact of the reduction of State
Demand Transfers. The reduction in economic activity was evident by the
retail sales tax collections actually going down. Future property tax
revenue, in terms of the assessed value, was estimated at a 7% increase.
The 2003 assessed valuation affects the property tax revenue that the City
would receive in 2004. In the current year we experienced a 5% increase.
However, over the last ten years we had averaged a 9% increase. He said
this had some impact on 2004 planning. In order to keep the ending fund
balance from falling further below the minimum of 15% set by the recently
adopted Fund Balance Policy, revenues and expenditures would have to be
balanced.
Mayor Dunfield said Mullins mentioned a sales tax concern, which was a big
issue in budgeting. In looking at the 1st Quarter on sales tax it appeared
to be right on target. He asked Mullins if he could compare other 1st
Quarters. He asked if the 1st Quarter was normally one with a higher sales
tax collection.
Mullins said this quarter would show the Christmas sales because there was a
1-1/2 month lag. The 1st Quarter was one of our better quarters. You would
also see a big increase in September when the kids go back to school and the
student's come back. Unfortunately, we should be seeing 27% to 28% during
the first quarter to be confident that we would meet budget.
Commissioner Schauner said under the Recreational Budget portion of Mullins
report, it stated that Recreational Fund expenditures were up by about 6.7%
in the first quarter when compared to 2002, primarily for personal services.
He asked Mullins to explain what personal services were.
Mullins said that was personnel salaries and benefits.
Commissioner Schauner said under the Transportation Fund, he asked if
ridership fees were the service charges.
Mullins said yes, that was the farebox revenue.
Commissioner Schauner asked if there had been any attempt to determine
whether a lower fare would encourage ridership.
Wildgen said it was $.50 now. He thought the Public Transit Advisory
Committee had discussed fees. The fare was so low now that the next step
was almost free. He said they were concentrating on training and education.
Mullins said for those people who were the more regular riders there were
monthly passes that they could buy.
Commissioner Schauner asked how much the monthly pass cost.
Mullins said it worked out to less than $.50 a ride.
Commissioner Rundle said the monthly passes was $17.00 and there was a lower
price for people who were eligible for Para transit.
Commissioner Schauner said if the next step being essentially free, might in
fact generate additional interest in the use of the "T."
Wildgen said the yearly revenue was $90,000 to $100,000. If you made the
bus ride free, you were looking at making up $100,000 + in revenue.
Commissioner Highberger said it would be useful in future reports to have
the same quarter of the previous year to compare with the current quarter.
(19)
Commissioner Dunfield said he was surprised to see as an agenda item, the
19th Street and Barker Avenue status report. The last time the Commission
looked at this issue, the Commission directed staff to get the
engineering/design done, work out the details with the neighbors on the four
corners, and get this project underway.
Chuck Soules, Public Works Director, said this was a status report to bring
the new Commissioner's up to speed on the process. In 1998 19th and Barker
intersection showed up on Public Works traffic signal priority list. This
intersection met Warrant No. 1, which was minimum vehicle volume. Warrant
No. 9, which was the 4-hour volume and peak hour volume. This intersection
for a 3-year period showed 13 accidents. In discussions with the neighbors
in this area, staff found out that they were experiencing excessive speeds
along Barker Street. At that time, it was the Commissions direction to
proceed with a traffic study. TranSystem was hired to perform that study.
TranSystem held several public meeting, solicited input, and tried to
identify the issues and different problem in which they came up with 4
recommendations. The recommendations included a roundabout at 19th and
Barker, several median or pedestrian islands along Barker Street corridor
and there was also a traffic circle on 17th and New Hampshire, or a sidewalk
on Learnard Avenue. Due to further neighborhood input and City Commission
direction, the sidewalk on Learnard Ave was not being pursued at this time.
After several revisions and discussions with adjacent neighbors, staff
presented to the City Commission a southeast/northeast and centered option.
We also had options for sidewalks at the back of the curb and a sidewalk off
the back of the curb. At that Commission meeting staff was directed to
proceed with the southeast alignment and work with the neighbors to work out
the various issues.
Also, since that time, staff met with Westar Energy to take a look at some
electric line relocation issues and those issues were resolved. There was a
waterline that the City desired to replace on 19th Street from Massachusetts
Street to Learnard Avenue. Staff had met with the other utilities as well
and staff was ready to proceed.
The neighbors were generally accepting of the proposed project, but there
were a few issues that needed to be addressed. He told the Commission there
were issues with fencing, lighting, assessability to a ramp, driveways,
parking lot, appraised values, and loss of business and other issues.
Commissioner Rundle asked if the laundry mat would lose parking spots at
that corner.
Todd Thalman said the laundry mat would not lose any parking spaces. The
current gravel parking lot did not have any defined parking, but you could
park 4 or 5 cars in that lot. The asphalt parking lot would allow for 5
parking spaces. He said you could probably parallel park 2 cars in front of
the laundry mat. As far as on-site parking they would have the same number
of stalls.
Commissioner Schauner asked where was the project in terms of costs.
Soules said right now they did not have a current construction estimate, but
when they started the project, the City engineering staff tried to be
conservative. Back when the project was authorized, the City Commission
approved Resolution No. 6338, to issue bonds for this project in the amount
of $550,000 and staff knew that they would come in under that amount for
those improvements.
Commissioner Schauner asked about a completion date.
Soules said KPL needed to order some special poles, which would take
approximately 6 weeks. The waterline work could be done at the same time.
He said there still was some right-of-way that the City needed to acquire.
If they could get this done within the next 6 weeks, they could potential
start this construction. Soules said KPL could not take that line out of
service over the summer months. He said if they could not get these issues
taken care of, it would be fall or next year.
Wildgen said one of the complicated factors was a stormwater project that
started south of that location that would required the replacement of 2 box
culverts. One box culvert on Learnard Avenue and one east of Learnard
Avenue. That would take Learnard Avenue out of commission for a long time.
Commissioner Schauner asked about speed reduction and how much slower
traffic would be on Barker Avenue when this project was finished.
Todd Thalman said typically you should see a 5 to 7 mile per hour reduction
on Barker. He said currently there was a 35 mph speed limit and it should
go down to 30 mph range.
Emily Wellman, Barker Neighborhood, said she had one concern about the
corner of the Bungalow Laundry Mat coming right up to the curb and she was
concerned about people who were coming up 19th Street being able to see what
was coming up to their left.
Todd Thalman said the concern was primarily with the westbound traffic on
19th Street and its site distance to the left. With the design of the
roundabout, the desired affect was to block the site distance to the left
and the primary reasons for that was on a roundabout, you were trying to
reduce speed as people enter the roundabout and to reduce that site distance
to the left, then it did not allow people to play in essence "chicken" as
they race up to the roundabout and try to beat the guy coming in from the
other approach. If it was a more blind approach, people tend to slow down
as they enter roundabout and it tended to reduce collisions by actually
blocking the site distance to the left. You do need to have some visibility
in the circulating roadway which was the part of the roundabout that went
around the central island and that had excellent visibility on this location
and it was well within the guidelines of roundabout design.
Soules said if the Commission were in favor of this project, staff would
proceed with right-of-way negotiations and work with utilities.
Commissioner Schauner asked Soules if it was the expectation when the
roundabout was completed the neighbors would see slower traffic by that 4
corners then they would under the current circumstances.
Soules said currently they would need to stop. The traffic would continue
to moved, but all along Barker, the speeds would be reduced and expected to
accidents to be reduced at that intersection.
Commissioner Rundle asked if they were able to move a higher volume of
traffic through a roundabout and if it would be slower and safer with fewer
collisions.
Soules said yes.
Commissioner Schauner said he assumed it would take a while for people to
get used to roundabouts, even thought there were enough in town that people
were use to them. He said maybe we were past that learning curve.
Mayor Dunfield said he thought that learning curve was still there for some
of our citizens. He was hoping to have this project underway this season.
(20)
Soules presented the staff report concerning possible intersection
improvements for 7th and Kentucky Streets. He said 7th and Kentucky
Streets warrants No. 1A which was minimal vehicular volume; No. 3 which was
peak hour volume; and No. 7, which was crash experience. This intersection
was unique. There were temporary plastic posts that prohibits people from
making those left hand turns across.
The Kansas Department of Transportation asked the Public Works Department
yearly for safety project based on number of crashes. This year they had
submitted 7th and Kentucky, 15th and Engel, and 31st and Nieder. These
projects took a while to develop through the State process and 31st and
Nieder needed to be addressed now.
The State did say they would fund the 7th & Kentucky Street project.
Basically the scope would include a traffic signal, widening, and
construction of a permanent median. The cost was $150,000 for total
construction costs with the State paying ninety percent and the City paying
ten percent. KDOT estimated cost was $135,000; City's cost was $15,000
along with the engineering design costs that was estimated at $20,000. The
total cost to the City for this project was $35,000.
Soules said they needed a review by the Historical Preservation Commission
because of its location. He asked if the Commission wanted to accept this
project because they needed to inform KDOT for scheduling and cost reasons.
Commissioner Highberger asked if the widening of the street would take any
parking out by the Post Office.
Soules said that it would.
Mayor Dunfield said he was curious about the median and the placement of it.
The way the temporary barriers were now, the crosswalk actually went through
the area that the barriers cover and he liked that. He said in Soules
drawing, the median was stopping short of the crosswalk and it seemed to
extend far up 7th Street. He was curious as to the reasons why.
Wildgen said when they first put those temporary barriers in there traffic
was crossing in front of the island to get to the Post Office. He said with
this design it made it harder to cross in front.
Soules said this was a schematic and when they did the design work, they
would take a look at those issues.
Commissioner Schauner asked about Kasold Drive and Peterson Road on the
priority list and the estimated cost of $760,000. He asked what that cost
entailed.
David Woosley, Traffic Engineer, said that cost was conservative because at
the time that was put together, nothing was warranted. The reason why it
was on the list was that they anticipated it would be warranted in the near
future. He said the cost would include a full-signalized intersection and
widening on all three approaches, if that was a project that was done alone.
Commissioner Schauner asked with this amount of money, how far back from the
intersection could they extend widening.
Woosley said staff needed to look at that when they get into the design
phase and see what the traffic volumes and future traffic volumes would be
to see what was needed for the future. They would build for a 20-year
future to make sure that our left turn lanes were long enough to handle the
traffic, which would come at the design stage.
Commissioner Schauner said the $760,000 was a conservative estimate, which
meant the estimate was high for signalizing the intersection and widening
that intersection back in all four directions.
Woosley said yes.
Commissioner Schauner asked Woosley when he said "conservative", what was
meant. For instance, if you know it was going to cost $100,000, would you
add fifteen or twenty percent?
Woosley said they did not know exactly how much it would cost because they
did not know what year it was actually going to be warranted or built.
Since this wasn't in the Capital Improvement Program for the 5-year period,
they did not go into any detail on putting those numbers together.
Commissioner Schauner said this particular project, which was Kasold Drive
and Peterson, under our current program this project was not expected to be
done within the next 5-years.
Woosley said it has not been in our 5-year program.
Wildgen said there had been a lot of recent discussion about roads in that
area and that intersection. It was likely that we were well within the
5-year timeframe.
Commissioner Schauner said and that was pushed forward by what the
Commission did last week by approving the rezoning and PUD's.
Wildgen said and also with proposed annexations in another development in
the area.
Mayor Dunfield said they were also anticipating a benefit district would
probably form and that ¾ of a million dollars would not be City expense.
Moved by Rundle, seconded Highberger, to direct staff to notify KDOT
of the City's decision to accept the intersection improvements for 7th
Street and Kentucky Street. Motion carried unanimously.
(21)
David Corliss, Assistant City Manager/Legal Services Director, presented the
staff report concerning Sunday liquor sales issues. His staff report
discussed the issues surrounding the possible Sunday sales for off premise
consumption in regards to retail liquor. He said Commissioner Rundle asked
for a staff report in light of some of the recent local legislation and
litigation concerning this issue. He said it was important to keep in mind
that they were talking about alcoholic liquor and off-premises sales, not
on-premises consumption which was already allowed on Sundays under Kansas
Law.
He said the Liquor Control Act of 1949 provided that off-premises sales were
prohibited on Sundays. Alcoholic liquor was only available to be sold in
retail liquor stores under Kansas Law and that applicable law, the Liquor
Control Act, prohibits the sale on Sunday. Under the Kansas Constitution,
cities in Kansas had constitutional home rule authority, which included the
ability to adopt a Charter Ordinance that allowed the City to exempt itself
from non-uniform enactments from the Kansas Legislature.
The 1949 Liquor Control Act was non-uniform in regards to this specific
provision concerning Sunday liquor sales, at least in the opinion of most
municipal attorneys who had reviewed this act and more importantly, in
regards to the current legislation and litigation the Cities of Kansas City
Kansas, The Unified Government of Wyandotte County, and the City of
Edwardsville adopted a Charter Ordinance that exempted the City from that
statute and provided substitute provisions that allowed Sunday sales during
certain hours. That issue was being litigated and it was his understanding
that issue was likely to be litigated further by the Attorney General or the
Kansas Supreme Court. Most of the municipal attorneys who looked at it
agreed that it probably was accurate that the enactment in question was
behind uniform. There was a quite a bit of activity in some other
communities pursuing Charter Ordinances.
Charter Ordinances were a special type of ordinance that required a 2/3 vote
of the Governing Body, in other words, 4 affirmative votes had to approve a
Charter Ordinance. It would be published twice in the newspaper and was
subject to a protest petition, which if there was a sufficient protest.
Then in order for that ordinance to become effective, it needed to be
approved by the voters. There was also an option with Charter Ordinances
with placing it directly on the ballot.
He provided information in regards to Cereal Malt Beverage retailer sales
and that part of the memo was inaccurate because he misread the statute.
The State Law that governed CMB was an unusual creature. There was a State
Law in Chapter 41, Article 27, that sets out the requirements for CMB Retail
Sales, both on and off premises, but only local governments license CMB
Retailers. He said there were few CMB Retailers on-premise consumption in
Lawrence. The State Law 41-2704 prohibits Sunday sales unless you have a
CMB Retailer where there was on-premises consumption and they also have
off-premises sales in which case the City could adopt an ordinance to allow
those off-premises sales. He said there was a State Law that would prohibit
CMB Retailer Sunday sales and he did not know if that statute was
non-uniform or not, but he speculated that it was uniform or they would have
seen activity on that issue already.
There was also State legislation in addition to the litigation that was
being pursued. Some of the legislators in the State House wanted to make
the Liquor Control Act uniform. He did not know if they could successfully
do that. He said Kansas Liquor Laws were still kind of a patchwork of
different situations throughout the State and he was not sure they could
make the Liquor Control Act uniformly applicable to the entire State without
some significant policy changes.
One of the proposals at the State House had been to allow for Sunday sales.
In some cases that would be allowing for Sundays sales, if there was a local
ordinance that had been approved to allow for Sunday sales. He said there
was even talk about this being an election issue, but he thought that was
not likely. He said it was likely if they do provide for Sundays it would
only be at a local option. He hoped they would recognize or address,
whether they chose to go one or another, the difference between having
alcoholic liquor Sunday sales and not having CMB Sunday sales. It was
possible that you could allow only Sunday sales of alcoholic liquor, but not
allow for Sunday sales for CMB.
He said the Commission could continue to monitor legislation and litigation
activities, but he thought this issue would take a while. He said there
were probably other communities that had gone ahead and taken advantage of
the ordinance and allowed for Sunday sales. A Charter Ordinance would not
take much time to draft for the Commission or any other options the
Commission would like to pursue. He had not solicited any input from and
individuals or stakeholders in the community.
Mayor Dunfield said he wanted to understand the fundamental conclusions of
Corliss' research. He asked Corliss if he thought a Charter Ordinance on
Sunday sales of liquor was a possibility and a Charter Ordinance on Sunday
sales of CMB probably was not.
Corliss said that was correct.
Commissioner Rundle said impetus for the Kansas City area was apparently
from the newspaper articles and other discussions to capture the sales and
sales taxes that were being lost to Missouri. The liquor store that asked
him to stay on top of this issue voiced the same concern. He asked if staff
knew how much sales taxes were lost to Missouri. He also asked if there was
a direct relationship between sales within Lawrence/Douglas County and the
amount of taxes that we get.
Wildgen said in an article, it indicated that right now there was no State
or Local sales tax charged on liquor so that was apparently a fallacy that
City or Counties would gain. He said there was an eight percent enforcement
tax that went to the State's general fund, but it did not look like local
government would gain anything.
Commissioner Rundle asked what was the source of that special alcohol money
that the City had.
Corliss said that was a ten percent tax on on-premise consumption.
Commissioner Rundle said other than keeping people employed on Sunday, this
was a revenue neutral issue.
Commissioner Schauner asked if it was possible to levy a sales tax on
liquor.
Corliss said the State has effectively pre-empted our ability to levy sales
taxes outside the Sales Tax Act, Chapter 79, Article 36, where we have our
one percent City sales tax and one percent County sales tax. There was no
taxing authority that the City would have absent that statutory authority
that they had already exercised.
Commissioner Schauner said it was still illegal to buy alcohol in Missouri
and transport it to Kansas without having paid the appropriate tax on that
alcohol.
Corliss said that was his understanding.
Commissioner Schauner said any leakage from Wyandotte County purchasers to
Missouri was illegal activity on Sunday sales.
Corliss said correct.
Commissioner Rundle asked if we had dry Counties in Kansas.
Corliss said he believed that was true. He said there were some Counties
where there was no liquor by the drink for on premises consumption. He was
not sure about packaged sales.
Commissioner Highberger said 102 or 103 Counties had package sales and 2 or
3 didn't.
Commissioner Rundle said those Counties would need to be won over to a
uniform effort.
Corliss said that was one of the arguments on the uniformity question.
Commissioner Schauner said Corliss mentioned that a number municipal
attorney's had taken the position that this was a non-uniform act. He asked
Corliss for his opinion.
Corliss said he thought it was non-uniform. He said the enactment itself
treated Cities of different classes or sizes in a non-uniform manner and it
was then subject to that Constitutional Home Rule Authority.
Commissioner Schauner said the simplest option at this point would be to
simply monitor the legislation to see what came out of that activity.
Corliss said that was correct and when there was something of more
definitiveness then staff could bring this issue back to the Commission with
further refined options. The only danger would be was that you might have a
60 to 80 day time period in which you would need to adopt a Charter
Ordinance in order to make something effective once we had a level of
definitiveness.
Commissioner Schauner said the delay was not a fiscal note delay; it's just
a 60 to 90 day delay in being able to offer liquor sales on Sunday.
Corliss said correct.
Commissioner Rundle said concerning that article that was mentioned sales
tax, that article said that grocery store sales did have sales and local
taxes. He asked if staff could look into developing a report in terms
revenue.
Mayor Dunfield said the grocery store sales were the ones that we can't
change.
Corliss said it seemed odd for the State to allow Sunday sales for alcoholic
liquor and not allow sales for CMB.
Commissioner Schauner said this was more of an unintended consequence of
that patchwork of legislation as opposed to somebody's thought about this
not being uniform, so we would allow somebody to see the loophole and create
a Sunday sales opportunity.
Corliss said that was one way to look at that issue.
Commissioner Schauner said as he looked at the research memo provided, it
struck him as a puritan background type that took us down a convoluted paths
when we talk about liquor legislation in Kansas.
Corliss said it was a reflection of the various compromises between those
that would view liquor one way and those that would view it another way.
Zach Bassin, Lawrence, said Sunday liquor sales were a good idea. He worked
at a liquor store and heard a lot of complaints from the community in that
they traveled to Missouri to buy liquor on Sundays even though it was
illegally. He said they did not receive more taxes from alcohol sales, but
the opportunity for more jobs and hours for the employees at the stores. He
said the one percent sales tax that Lawrence did make could be lost if we
don't pre-empt this and move this to areas like Lenexa or Overland Park
where citizens from this community could drive over there a pick up their
liquor for football games or other Sunday activities.
Commissioner Rundle asked about the number of liquor stores we had in town.
Corliss said no, but he knew it was fewer than Drinking Establishments.
Commissioner Rundle wanted to wait for the liquor stores to unite and come
forward with a uniform proposal.
The Commission directed staff to continue to monitor the legislative
and litigation issues concerning Sunday liquor sale.
(22)
Moved by Highberger, seconded by Schauner, to adjourn at 7:45 p.m.
Motion carried unanimously.
COMMISSION MEETING APRIL 22, 2003
1. Change Order - RD Johnson for $17,480 for additional
wetlands improvements N of Kaw River Treatment Plant.
2. Bid - Rehab projects for 1742 Learnard to Schmidt
Construction for $32,410; 1201 W 22nd Terr to L&S Sales & Services for
$12,998; 2425 Overlook Circle to General Construction for $31,509; 1210
Hacienda rejected because applicant withdrew.
3. Ordinance No. 7636 - 1st Reading, Authorize sale on May 9th
& 10th at Broken Arrow Park.
4. Ordinance No. 7637 - 1st Reading, Designate E 965 Rd as
Yankee Tank Ct.
5. Ordinance No. 7467 - 2nd Reading, annex .466 acres, N of N
St & E of N 3rd.
6. Ordinance No. 7628 - 2nd Reading, max assess for Crossgate
retaining wall.
7. Ordinance No. 7634 - 2nd Reading, max assess for W 6th at
Comet Lane.
8. Ordinance No. 7635 - 2nd Reading, max assess for 31st &
Nieder Rd.
9. Resolution No. 6465 - Public Hearing, May 22, 2003 for
Research Park Dr. from 15th S 920'.
10. Site Plan - (SP-03-19-03) Sidewalk dining area for Zen Zero,
811 Mass.
11. Site Plan - (SP-02-09-03) An addition to Tuckaway Apts, West
6th , E of Lawrence Ave., 2600 W 6th.
12. Site Plan - (SP-03-18-03) Outdoor Patio at Buffalo Wild
Wings, 1012 Mass.
13. License Agreement - Colony Woods Apts, sign in utility
easement.
14. Certificate of Real Property Acquisition Procedures, 6th &
Kasold, Geometric & Traffic Signal Improvements.
15. Lawrence Arts Commission - 2003 Community Arts Grant
Program.
16. Lawrence Arts Commission - 16th Annual Downtown Lawrence
Outdoor Sculpture Exhibition.
17. Subordination Agreement - James & Patrice Krause, 1419 New
Jersey.
18. Subordination Agreement - Aaron & Khalila Blosser, 1226
Connecticut.
19. City Manager's Report - Recycling/Quarterly financial
report.
20. Status Report - 19th & Barker.
21. 7th & Kentucky intersection improvements.
22. Sunday Liquor Sales