[E-minutes] August 12, 2003 Lawrence City Commission meeting minutes
Lisa Patterson
lpatterson@ci.lawrence.ks.us
Fri, 15 Aug 2003 08:39:18 -0500
August 12, 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 Hack, Highberger, Rundle and Schauner
present.
With Commission approval Mayor Dunfield proclaimed Saturday, August
16, 2003 as "Scouting Extravaganza Day."
CONSENT AGENDA
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to approve City Commission meeting minutes of July 22, 2003.
Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to approve the Traffic Safety Commission meeting minutes of July
7, 2003 and August 4, 2003. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to approve claims to 307 vendors in the amount of $1,108,946.90
and payroll from July 27, 2003 to August 9, 2003 in the amount of
$1,354,059.65. Motion carried unanimously.
A Temporary Use Permitted Upon Review (TUPR-08-32-03) concerning a
request for a promotional display of cars for sale at First State Bank,
located at 3901 West 6th Street was a walk-on item on the consent agenda.
As part of the consent agenda, it was moved by Rundle, seconded by Schauner,
to approve a Temporary Use Permit Upon Review (TUPR) for First State Bank,
located at 3901 West 6th Street, subject to the following conditions:
1. Signs displayed in conjunction with this use shall comply with City
sign regulations and shall not be located on public right-of-way. Signs for
this activity can only be displayed during hours of operation;
2. Obtain temporary sign permit from Neighborhood Resources Office; and,
3. Display to be confined to the revised area along the north side of the
building occupant a total of nine spaces as outlined.
Motion carried unanimously.
(1)
The City Commission reviewed the bids for a Fuel Management System
for the Public Works Department. The bids were:
VENDOR FUEL SYSTEM GATE OPENER
Topeka Pump Co. $41,283.00 $1,995.00
TRAK $39,905.00 $1,995.00
Hoidale $43,053.41 $1,995.00
Petroleum Equip. $45,799.75 $3,940.00
Neumayer Equip. $66,732.43 $1,877.65
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to approve the bid from Topeka Pump Co., for the fuel lock system,
in the amount of $41,283 and, the optional gate opening system, in the
amount of $1,995, for a total of $43,278 because TRAK's bid for a 16-bit
processor did not meet specifications. 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. 7677, amending Section III
of Ordinance No. 7515, pertaining to Phase II of a 50% exemption from ad
valorem taxation on the appraised value of building expansion improvements
and machinery and equipment used by Allen Press, Inc., to read as follows:
"The exemption from ad valorem taxation hereby granted shall begin with the
taxes levied in the calendar year 2003."
(3)
Ordinance No. 7669, annexing (A-05-07-03) 76.20 acres north of
Peterson Road and east of Monterey Way (extended), 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, Hack, Highberger, Rundle, and
Schauner. Nay: None. Motion carried unanimously.
(4)
Ordinance No. 7670, rezoning (Z-05-12-03) 76.20 acres north of
Peterson Road and east of Monterey Way (extended) 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, Hack, Highberger, Rundle, and
Schauner. Nay: None. Motion carried unanimously.
(5)
Ordinance No. 7671, annexing (A-05-08-03) 55.95 acres north of
Peterson Road and west of Monterey Way (extended) 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, Hack, Highberger, Rundle, and
Schauner. Nay: None. Motion carried unanimously.
(6)
Ordinance No. 7672, rezoning (Z-05-13-03) 55.95 acres north of
Peterson Road and west of Monterey Way (extended) 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, Hack, Highberger, Rundle, and
Schauner. Nay: None. Motion carried unanimously.
(7)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to concur with the Planning Commission's recommendations to adopt
the findings of fact and approve the request for rezoning (Z-06-16-03) of
approximately 0.595 acre from I-2 (Light Industrial District) to C-4
(General Commercial District). The property is described as being located
at 952 North 3rd Street; and, direct staff to prepare the appropriate
ordinance. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to concur with the Planning Commission's recommendations to adopt
the findings of fact and approve the request for rezoning (Z-06-17-03) of
approximately 1.44 acres from A (Agricultural District) to RS-2
(Single-Family Residence District). The property is generally described as
being located on the east side of Mulberry Drive (extended, north of
Harvard); and, direct staff to prepare the appropriate ordinance. Motion
carried unanimously.
(9)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to concur with the Planning Commission recommendations to adopt
the findings of fact and approve the UPR (UPR-06-05-03) for expansion of a
cell tower. The plan proposes expanding the height of the tower from 120'
to 150', and is located on the Free State High School property at 4700
Overland Drive, subject to the following conditions:
1. Execution of a site plan performance agreement:
2. Provision of a revised site plan to include the following:
a. A not which states "The tower owner/operator shall submit a letter to the
Planning Office by July 1 of each year listing the current users and types
of antenna located on the approved tower";
b. A note stating, "A sign shall be posted on the tower or the exterior
fence around the base of the tower providing the name and telephone number
of the tower owner and operator that is staffed 24 hours per day, seven days
per week";
c. Note stating, "Tower owner shall be responsible for the timely removal of
any tower that is not used for a period of three years and for the costs
associated with its removal." [20-14B03c]; and
d. Note on face of site plan that says: "If this tower is not in use for a
period of three years, it shall be removed by the owner at the owner's
expense. Failure to remove the tower pursuant to non-use will result in the
removal and assessment of cost to the property owner pursuant to K.S.A.
12-6a17";
3. Minimal lighting at the base shall be reviewed and approved by staff.
Any lighting of the enclosure area shall be directed downward and shielded
to prevent glare and light trespass;
4. Provision of a revised site plan to show the access drive as an asphalt
entry designed to minimum city standards;
5. Provide details of warning signs to be placed around the structure;
6. Show the location of existing utilities, including power lines, telephone
lines, and gas lines; and,
7. Provide a landscape schedule for all landscaping, including grass, ground
cover, trees, and shrubs.
Motion carried unanimously.
(10)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to approve the amendment to the City Zoning Ordinance, Chapter 20
of the City Code, revising Section 20-1808 Limitation on Successive
Petitions to clarify the process and standard for submittal of a
reapplication request. Motion carried unanimously.
(11)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to approve the site plan (SP-06-35-03) for A4DABLE LIMOUSINE &
USED CARS; a site plan for the development of a commercial automotive sales
and rental service business located at 952 North 3rd Street, subject to the
following conditions:
1. Plan notes that the property is entirely within 100-year floodplain.
Please provide map data reference (Plan revised);
2. Local floodplain development permit will be required (Applicant
notified);
3. Annexation and rezoning applications must be completed prior to site plan
consideration (Estimated to go to City Commission on or around August 12)
(Applicant notified);
4. Provide uniformity ratio for photometric plan per section 20-14A03 (d) of
the City Code (Include Average, minimum, maximum and average to minimum
ratio as specified) (Plan revised);
5. Floor area defined does not account for exiting 660 SF garage (Plan
revised);
6. Where is trash enclosure located on site? (20-1431(n)) Condition of
approval;
7. Entire parking lot must be curbed. Show curb lien extended across rear
of parking lot (Plan revised);
8. Only one street tree shown on plan. Exiting conifer tree does not
qualify as a street tree (Plan revised);
9. Site plan does not seem to reflect platted access easement 20-1431(e)
(Plan revised);
10. Show entrance to garage on south side of property. What is purpose of
this structure, curb line prohibits automotive access? 20-1431(g) (Plan
revised); and,
11. May need agreement not-to-protest formation of benefit district for
street improvements (Applicant notified).
Motion carried unanimously.
(12)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to concur with the Traffic Safety Commission's recommendation to
establish "no parking" along the west side of Legend Trail Drive from 15th
Street southerly, westerly, northerly, and easterly to its end, and direct
staff to prepare the appropriate ordinance. Motion carried unanimously.
(13)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to concur with the Traffic Safety Commission's recommendation to
establish "stop signs" on Perry Street at 5th Street, and direct staff to
prepare the appropriate ordinance. Motion carried unanimously.
(14)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to concur with the Traffic Safety Commission's recommendation to
establish an "all-way stop" at Naismith Drive and Allen Field House
Drive/Schwegler Drive, direct staff to prepare the appropriate ordinance.
Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to concur with the Traffic Safety Commission's recommendation to
provide immediate temporary closure of Goldleaf Place at 15th Street and an
aesthetic permanent closure be constructed soon. Motion carried
unanimously. (16)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to concur with the Traffic Safety Commission's recommendation to
amend the Speed Hump/Speed Cushion Policy to establish a 600-foot area for
property owner approval, and direct staff to prepare the appropriate
resolution. Motion carried unanimously.
(17)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to concur with the Traffic Safety Commission's recommendation to
approve/accept the Harvard Road permanent Traffic Calming Plan,
implementation to proceed as soon as possible, and the installation of
temporary devices until permanent construction can be accomplished. Motion
carried unanimously. (18)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to concur with the Traffic Safety Commission's recommendation to
deny the request to remove parking along the east side of Michigan Street
between 2nd Street and 3rd Street, and direct staff to prepare the
appropriate ordinance. Motion carried unanimously.
(19)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to authorize the Mayor to sign a Subordination Agreement for
Steven A. Berger, 1618 Irving Court. Motion carried unanimously.
(20)
As part of the consent agenda, it was moved by Rundle, seconded by
Schauner, to authorize the Mayor to sign a Release of Mortgage for Cheryl
Green, 319 Clayton Court. Motion carried unanimously.
(21)
Mayor Dunfield pulled from the consent agenda, the unanimous approval
from the Traffic Safety Commission to deny the request to construct speed
humps on Fall Creek Road and Running Ridge Road, for discussion.
Mark Anderson, speaking on behalf of the Fall Creek Farms
Development Company and the Fall Creek Farms Neighborhood Association, said
a person that was building a new home in the Fall Creek Subdivision,
observed that vehicles were speeding up and down the hill in front of their
home and as part of the construction of their home, that person decided to
construct a speed hump, at no cost to the City. He said that person was
informed that construction of the speed hump was not appropriate and that
there was a procedure to be followed for approval. He said Chuck Soules,
Public Works Director, notified one of the principals of the Fall Creek
Farms Development Company, the first business day following receipt of that
notice and that speed hump was removed. A letter was written to Soules to
go through the formal process to construct that speed hump. The day after
the speed hump was removed, the City performed traffic counts and
measurements of speed. He said with that speed hump removed and the sign
still remaining that said, "Slow - Speed Hump," the traffic slowed down and
that sign had its desired affect. That information went to the Traffic
Safety Commission and they compared that information to the Speed Hump/Speed
Cushion Policy and they determined that the traffic study information did
not support a speed hump so the request was denied.
He said this was, for the neighborhood, a child safety issue. There
were approximately 27 young children living in this neighborhood. He said
all of the construction of the speed hump was at no cost to the City and the
street was a dead end that served only that neighborhood. The neighborhood
was in favor of that traffic calming device. He asked the Commission not to
deny their request.
Commissioner Highberger said this item referenced two speed humps,
but only one was mentioned.
Anderson was only aware of one speed hump.
Soules said there was only one speed hump at the intersection of Fall
Creek Road and Running Ridge Road.
Mayor Dunfield asked if there were any reasons why the Commission
could not permit speed humps, in places, other than those that the policy
recommended. He said the policy was clear for example, that there could not
be speed humps on arterials, but on a local street, if it was desired, what
was the downside.
Soules said the policy was developed for guidance in determining when
those speed humps could be installed. He said many people would like speed
humps in their neighborhood. He said this request for a speed hump could be
financed by the neighborhood, but there was also the issue of maintenance.
He said those roads served one development and there would not be
cut-through traffic. He said most of the traffic in the area would be from
residents of the area. If the problem was being cause by the neighborhood,
it might be a neighborhood issue that needed to be addressed internally.
Soules said staff took traffic and speed counts immediately after the
speed hump was removed, but that was to get that issue back on the next
Traffic Safety Commission agenda as soon as possible.
Commissioner Schauner asked if there were signs warning that there
was a speed hump in place.
Soules said staff did not notice any signs that day, but immediately
thereafter they notice signs that were not technically legal signs.
Commissioner Schauner asked how long the signs and speed hump was in
place.
Soules said only one day, then the speed bump was removed and the
signs were there for a few days.
Vice Mayor Rundle said it was a positive aspect that the speed hump
would be paid for, but he asked about the maintenance, repair, and
replacement of that speed hump.
Soules said it was a City street and if the speed hump was
constructed it should be constructed by City standards and the City should
be responsible for that speed hump.
Anderson said on behalf of the Fall Creek Neighborhood Association,
they would be pleased to assume the cost of installing and maintaining the
speed hump to City standards and they would put that in writing in a binding
agreement with the City.
He said the speed hump was in place for a week and it had an affect
on traffic. He said the neighborhood was not the problem. The problem was
that this neighborhood had celebrity residents and they were attracting a
number of sightseers. He said there were a number of sightseers that were
not residents or occupants of the neighborhood.
Soules said another issue was public safety. He said speed humps
were not the most desirable for the Police or Fire/Medical Departments. He
said when they developed the policy, those two departments were considered
in that policy. He said speed humps/speed cushions were okay only if certain
criteria were met. He said with the low speeds that were recorded, he
thought public safety departments would not be in favor of installing that
speed hump.
Commissioner Hack asked if the traffic and speed counts were made to
get that issue on a particular agenda.
Soules said yes. He said when staff found out that the speed hump
was there, staff contacted one of the key people of that development and
that person wanted to know the process for approving the installation of a
speed hump and requested that it be placed on the next Traffic Safety
Commission's agenda. As a result, staff did those traffic counts so there
would be some supporting data.
Commissioner Hack said with staff taking traffic and speed counts, at
that time, and the signs still in place, they might not have the best
counts. She asked if staff could perform another traffic and speed counts
in that area.
Soules said yes.
Vice Mayor Rundle said Commissioner Hack's idea of updated traffic
and speed counts might be good before the Commission made a final decision.
Commissioner Schauner said there was a policy and he was not sure
that putting aside the speed or volume met criteria established in the
policy. He was concerned about speed hump by checkbook. He asked if a
person could afford a speed hump and hire an attorney to make a
presentation, did they have a better chance at getting a speed hump then
someone who could not afford to put it in themselves. He said that policy
was designed to affect the whole city and not just special cases. He did
not hear any facts that would suggest that the policy be abandoned or given
an exception for this particular speed hump. He was not in favor of
creating that exception because the facts were not there to support it.
Commissioner Hack agreed with Commission Schauner. She said all the
facts were not in place at this time and she asked staff for more accurate
traffic and speed counts. She suggested talking to the Police and
Fire/Medical Departments to solicit there thoughts on this matter.
Mayor Dunfield asked staff to perform traffic and speed counts in
that area and suggested that staff receive input from public safety sector.
Soules said staff could get traffic and speed counts in the next
couple of weeks.
(22)
CITY MANAGER'S REPORT
During the City Manager's Report, Mike Wildgen said the Board of Tax
Appeals granted a waiver from property tax on the new building which allowed
for a lower rental price on the new hangers. The new hangars were currently
being rented for $190 a month.
Wildgen pointed out to the Commission, in his report, the timetable
for planning items. He said the Commission would be involved with a number
of those planning items in September.
(23)
REGULAR AGENDA
Conduct a public hearing on a proposed special assessment for the
construction of sanitary sewer improvements in and near the intersection of
23rd Street and Louisiana Street.
Mayor Dunfield called a public hearing on the maximum special
assessment for the construction of sanitary sewer improvements in and near
the intersection of 23rd Street and Louisiana Street.
Upon receiving no public comment, it was moved by Hack, seconded by
Rundle, to close the public hearing. Motion carried unanimously.
(24) Moved by Hack, seconded by Schauner, to place on first
reading Ordinance No. 7676, for the proposed special assessment for the
construction of sanitary sewer improvements in and near the intersection of
23rd Street and Louisiana Street. Motion carried unanimously.
(24)
Conduct a public hearing on the recommended 2004 City Budget and consider
the adoption of implementing ordinances and actions.
Mayor Dunfield called a public hearing on the recommended 2004 City
Budget and to consider the adoption of implementing ordinances and actions.
Charles Whitman, Attorney, said in 1999 there was construction along
the length of 9th Street involving new sewers, general infrastructure
improvements and among other things that were proposed at that time. He
said with the contract for that improvement was the location of a drop box
in the alleyway at the intersection of the alley and 9th Street, midway
between Massachusetts and New Hampshire which was approximately where his
business was located.
He said a number of things occurred at that time which made it
desirable to the City to abandon the construction of the drop box in the
alley. The reason it seemed desirable to return to this subject was that
there was a permanent water hazard at the mouth of the alley within the path
of the walkway. He said part of that water was due to air conditioner
run-off that came down the alley and rain. He said it did not drain off
because the grade onto the street, over a period of time, had become higher.
He said after talking with City staff concerning this issue, he was
told that there was no money to address that problem. The difficulty with
this issue was that it has been there since 1999 and there did not seem to
be any way of grasping a solution to the problem. He said there were clear
engineering standards and he was not controversial with any of those
standards, but the concept was that a hole was dug in the ground and the
water went into the hole down through the grade into the wastewater system.
He said the concerns were numerous such as potential damage to the
building and also for aesthetic and safety reasons. He said it seemed that
the body of water which was there, presented pedestrian issues and potential
health problem. He said the problem was the length of time this issue had
persisted and the difficulty on whom to speak to next, since they had
exhausted their remedies. He hoped the Commission would consider the
possibility of funding this issue in the current budget.
Mayor Dunfield said that issue was tangential to the budget, but he
would like to address this issue at the end of the meeting.
Jim Stokes, Lawrence, spoke against the City Budget. He said during
the previous election he sensed a strong degree of conservatism and coupled
with the current economic situation, he felt that the Commission would hold
the line. He was wrong. He said there were constitutional rights and legal
rights granted by law or proclamation and there were rights because it was
the right thing to do.
He said on a television show there was a segment of the show that was
devoted to the rising cost of tuition, room, board and books at a number of
our universities and colleges across the nation. Students and parents were
fussing bitterly as those costs rose and some students stated that they
would not be able to complete their education. Many students asked why did
the U.S. Government and respective States not underwrite costs so they might
have a less expensive education. No one gave a single thought as to where
those funds were coming from. It was the just the right to have an
inexpensive education, tax everybody to the hilt.
He said ironically in the Journal World, that same day, an article
was written about bike paths might be suffering under funding plan. He was
for bike paths and nature walks, but they were in such dire straits for
programs of much greater importance such as education. He said they were
repeatedly bombarded with the needs for funds to educate children. Many
programs had been dropped and teachers had been let go. He said priorities
were not in the right order. Everyone was exercising their rights.
He said senior retired citizens had rights too. He did not go to
college for four years, but he served in the armed forces. He worked 37
years for the DuPont Company and saw his retirement funds being siphoned off
by excessive taxes. Prior to his retirement, he spent four to five years
reading and researching the top financial magazines and books, consulting
with financial planners, and tried to put his house in order. Those plans
worked well for 10 years and he was living comfortably, but in the past 8 to
10 years his plans were not worth a lead nickel. He said it was not just
property tax that hurts us, it was the increased valuation on top of the
property tax and there were many other items that got into the cost of
living.
He spoke about the rates going up in gas, electric, health insurance,
Medicare, cablevision, car insurance, water, trash, and storm sewer. He
had a concern about his income level.
He asked what he could do to lower the proposed mill levy. He said
City staff mentioned in an article that there could be a 1.19 mill levy
reduction. He would urge the City Commission to take that reduction. He
suggested reducing the transportation system budget enough to bring the mill
levy down to what it was last year.
He would support 1/2 sale tax increase provided it had a reasonable
sunset clause, this would catch everyone in Lawrence and Douglas County. It
was not right for property owners to carry the burden.
Maria Martin, Director of Downtown Lawrence Association, spoke about
Ordinance No. 7681, the parking meter fees and fines. She asked the
Commission to consider deferring the adoption of this Ordinance to allow
their membership time to discuss the projections. She said they would like
to meet with the City Commissioners to give thoughts and suggestions about
those fees and fines. They were not opposed to the raise in the fees or the
fines, but they were concerned about the amount of the fines that were
going up and a number of other issues that could hurt them as far as their
customers and the image that this would put on the people who were putting
money in the meters. She said the DLI would like to discuss that issue and
present an idea to the Commission in a study session.
Chuck Magerl, Owner, Free State Brewery Co. and Wheatfields Bakery,
said he served as a Chair of the Lawrence Chamber Downtown Parking Task
Force. He said using reasonable projections in regards to the impact of the
rate and the fine increase would have on his customers and employees, for
his business alone, was $41,000 a year. He realized there were a lot of
communities around the United States that were looking at increasing fines
as a major source of revenue. He was taken back by the comparisons that
were sited in the study and repeated in the Journal World talking about the
rates in Lawrence in comparison to Topeka and Wichita.
He had a concern about financial policy associated with planning
policy because they were looking at the turnover factor in the prime parking
areas. He said increased fines and rates addressed that. He said this was
primarily a revenue enhancement project that was not necessarily neutral.
The revenue came from a group of constituents and the revenue was being
taken out of their pocket and it had an affect on the perception of Downtown
Lawrence being friendly or non-friendly. A lot of the increase rates that
were being suggested in the budget had to do with sanitation, water, and
cemetery fees. He said people did not have many choices on those fees.
He thought the increase in fines for people who were not able to
accommodate the current system might be reasonable. However, the decision
to increase the rates by 100% was not good planning policy and it was merely
to patch some holes in the budget which was understandable, but it was not a
neutral stance. He urged the Commission to defer some, or all, of this
proposal for further discussion.
Commissioner Schauner asked how Magerl arrived at the $41,000 figure.
Magerl said on a given shift for their business, they typically had
25 employees on the site. He said there were two different shifts which
were a day and evening shift. Unfortunately, the day shift came on while
meters were still being enforced, but the evening employees were still
paying. Some of those individuals were utilizing the lot that the City had
negotiated with the Borders project, but it had been sited in the newspaper
that, often times, all of those spaces were occupied by 10:30 a.m., so that
was not an option for his employees. He said the parking garage was a
possibility, but they were dealing with human nature and behavior patterns
and the desire was to be in an immediate location of your destination.
He said that was factoring in 100% increase on the rates of those
individuals. Some of his employees go into the long-term lots, some in the
90 minute meter locations and then factoring in their turnover during the
daytime of their customers coming in, over a 6 day timeframe, excluding
Sunday, from the factors and counting all of those in 90 minute meter
scenarios. However, the wildcard was how many of those folks were actually
getting fined and paying the $2.00. He said his assumption was 1 out of 5
employees were paying a fine for over parking. The increase was from the
$2.00 to $5.00 increase. He multiplied that by 320 to bring that into play.
He said $41,000 seemed significant for his business and the people he was
taking care of whether they were his employees or customers. He said the
City might want to take advantage of this because when you take his
experience and multiply it on Massachusetts Street, it could be significant.
Russ Livingston, one of the owners of the Bourgeois Pig, said they
had a lot of their parking stripped away by the busses, not to mention the
tickets and fines. He said it had been difficult for his business to
navigate their business around all those construction projects and buses.
He wondered if the collection process was wrong. He said it might be
fundamentally flawed with fining people for coming downtown. He asked if
the Commission would consider an airport type parking system for those who
want to pay a lot of money for close up parking or long term. He said the
parking needed to fit the pocketbook. He said this issue was a huge issue
in Downtown Lawrence in the 70's. He said changing the parking and trying
to keep people coming downtown, the grass root effort was to prevent the
cornfield mall.
Whitman suggested that a study session would be a good idea. He said
it was frustrating to deal with parking fines.
Verna Froese, Lawrence, could not speak to the water or sanitary
sewer and sanitation rates because she was not sure what the Commission was
proposing. She was required to pay a deposit on her water bill because she
had made late payments. She had a concern about the increase of her water
bill. She thought there should be a different cut off amount of water used
to consider water bills rather than the current 2,000 gallon level. She
said as a single parent, she used nowhere near that amount.
Moved by Hack, seconded by Rundle, to close the public hearing.
Motion carried unanimously.
(25)
Mayor Dunfield would like to defer action on the parking meter rates.
Wildgen said the rates were not anticipated to go into effect until
the January 1st, 2004, and if the Commission did not change anything, there
would be a budget that did not have the revenue to support it next year. He
said expenditures could be reduced.
Commissioner Schauner asked about parking meters that were used in
other cities. He said one of the features was the use of a credit card
which would be a method the Commission might want to look at as a long-term
solution to parking issue downtown. He had a concern about the dilemma of
people wanting to park close which could not be done to satisfy everyone.
He said further conversation with Downtown Lawrence merchants would be in
order.
Mayor Dunfield clarified that the Commission was not putting
themselves in a difficult situation if they deferred one item and not the
other items.
Commissioner Hack said raising taxes was not something the Commission
wanted to do. She wished that the community had seen the many issues the
Commission did not do to reduce expenditures. She was proud of the work the
Commission did concerning the City budget which required conversation and
staff time. She supported the City Budget.
Commissioner Schauner did not like this budget. He agreed with
Commissioner Hack in that this was the best budget that the Commission could
produce for the 2004 fiscal year. He wished that the Commission chamber was
filled with taxpayers during the budget discussions because the newspaper
did not carry a detailed set of minutes or budget numbers for every taxpayer
to review. He would like to find a way to get more citizens to become
active attendees and listeners in the budget process. He thought it would
have an impact on this Commission and future Commissions if there were more
people. He said not many people attended the budget discussions unless
there was a particular issue, program or wish to be supported. He was not
crazy about this budget, but it was a budget that he would support because
it was the best budget, under the circumstances, that could be produced.
Commissioner Highberger said when he was elected his goal was to keep
the mill levy even, but it was clear that would be impossible. He pointed
out that the State withheld from the City tax transfers that were equivalent
to approximately 2 mills. He said the Commission was approving a budget
that would increase the City tax rate by 2.49 mills. If you add the
increase in health care cost for employees, the City was over 2.49 mills.
He agreed with Commissioners Hack and Schauner that the Commission did a
serious job with the budget.
He said $50,000 was cut from the Public Transit budget, but he was
not prepared to end that program because a lot of people depended on the
transit system. He said as the City grew it would be more essential to the
City and if they cut it now, it would cost the City more to start that
transit system again.
Commissioner Highberger talked about the sales tax increase. He said
sales taxes fall disproportionately on working people. He said the sales
tax portion of the budget was already higher than our property tax revenues.
He said everybody that rented paid property taxes indirectly.
He agreed with Commissioner Schauner in that he did not like this
budget, but given the fact, between balancing the provisions of essential
City services and keeping our tax rate increase to a minimum, the Commission
did the best that they could. He supported the budget. He also supported
deferring action on the parking rates until further input from the Community
and the Downtown Parking Advisory Board. He thought that there should be
some increase in Downtown parking fees because the Commission was passing a
budget and it was depending on a small amount of increase from those fees.
Vice Mayor Rundle said there were four more months this year and if
there was any way to bring the budget down, the Commission was allowed to do
that if they went through the right processes. In the long-term the
Commission was trying to get the Adequate Public Facilities Study completed
and that would give the Commission information on cost of growth and how
that was paid. He said perhaps there would be some relief to the taxpayer
in that process. He was interested in considering other ideas that came up
during the budget process such as transferring legitimate costs from the
Enterprise Funds to the General Fund. He also thought there was a lot of
work that the Commission needed to continue to do based upon several of the
studies that were recently completed which were the Image Survey, Employee
Survey, Compensation Study and the information from the Economic Development
Director on business retention. He said the Commission needed to take a
look at how businesses were being conducted, how the City was spending
money, and how the City could improve the processes and find a ways to find
more efficiency in the economy. He asked the Commission to take into
consideration the information from the Economic Development Board. He said
the Commission needed to look at the planning process and city services that
needed to be fixed or improved.
Mayor Dunfield thanked everyone that participated in the process
especially City staff which had gone through a difficult process with the
Commission with a lot of revisions and responses to Commission requests. He
thanked his fellow Commissioners for their participation in this process
which had been difficult. He said the Commission was not happy with the
situation, but everyone could take considerable pride in the fact that they
had managed with this budget with all of the things they had to give up, to
protect the livelihoods of City employees and to provide a budget that did
not require layoffs and cut into incomes in a massive way. He said in the
private sector, they were seeing a lot of layoffs and real cuts in income
and people hurt by increases in health insurance. He said the Commission
should feel good about this process.
Commissioner Schauner said the City was in the service business. He
said those employees did a terrific job because Lawrence continued to be an
incredibly popular and good place to live. He said this budget was a
reflection of the Commission's commitment to maintaining that level of
service and the people who live here had a right to expect. He said the
City employees were the face of the City and the employees work was what
people see as a reflection of the taxes they pay. He said this budget was
an attempt to maintain that level of service.
Moved by Schauner, seconded by Rundle, to approve the 2004 City
Budget. Motion carried unanimously.
(26)
Moved by Hack, seconded by Rundle, to place on first reading
Ordinance No. 7679, adopting the 2004 City Budget. Motion carried
unanimously. (27)
Moved by Hack, seconded by Rundle, to place on first reading
Ordinance No. 7680, determining the appropriateness of the 2004 Budget
property tax revenues in an amount which exceeds the revenues budgeted and
expended for budget year 2003. Motion carried unanimously.
(28)
Moved by Hack, seconded by Rundle, to approve the 2004 wholesale
water rates for Rural Water Districts and Baldwin City. Motion carried
unanimously. (29)
Moved by Hack, seconded by Rundle, to place on first reading
Ordinance No. 7683, establishing water and sanitary sewer rates for 2004.
Motion carried unanimously.
(30)
As for water rates, Vice Mayor Rundle was interested in not charging
the minimum, but charging people for what they used. He was interested in
whether that was feasible.
Wildgen said that issue was discussed in the last rate study and the
next study that suggestion could be a primary discussion point.
Mayor Dunfield asked when the rate study was going to be addressed.
Wildgen said they were waiting for the Master Plan in September when
it would be finalized and the next step would be to look at the rates.
Moved by Hack, seconded by Schauner, to place on first reading
Ordinance No. 7678, establishing sanitation rates for 2004. Motion carried
unanimously. (29)
Mayor Dunfield suggested that staff meet with Downtown Lawrence
Association to discuss parking fees.
Wildgen said the Parking Advisory Committee could be used as a forum.
Ordinance No. 7681, establishing parking meter rates and overtime
fees for 2004; and provide direction on parking garage rates was deferred
for further study. (30)
As for the increase in guest tax, Vice Mayor Rundle asked if the
Commission wanted to look at the additional revenue that this might
generate.
Wildgen said the bulk of this was through a contact with the
Convention and Visitors Bureau and that contract could be amended.
Moved by Rundle, seconded by Schauner, to place on first reading
Charter Ordinance No. 36, establishing a five percent Guest Tax. Motion
carried unanimously.
(31)
Moved by Hack, seconded by Dunfield, to approve the Parks and
Recreation aquatic, golf, and cemetery fees for 2004. Motion carried
unanimously. (32)
Moved by Hack, seconded by Schauner, to approve Administrative Policy
92, establish the fee increase for Construction Engineer Services.
(33)
Mayor Dunfield addressed the question of the alley at 9th Street.
Wildgen said staff could give the Commission an engineering report in
one week. He said there were some major utilities in that alley which was a
complicated factor.
Mayor Dunfield suggested that staff give the Commission ideas about
possible alternative and broad price ranges for those alternatives.
PUBLIC COMMENT
After receiving no public comment, it was moved by Schauner, seconded
by Hack, to adjourn at 8:05 p.m. Motion carried unanimously.
APPROVED:
_____________________________
David M Dunfield, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
CITY COMMISSION MEETING MINUTES - August 12, 2003
1. Bid - Fuel Mgmt System and Gate opener to Topeka Pump for the total
amount of $43,278.
2. Ordinance No. 7677 - 1st Reading, amend Ord. 7515, Allen Press, exempt in
calendar year 2003.
3. Ordinance No. 7669 - 2nd Reading, Annex (A-05-07-03) 76.20 acres, N of
Peterson & E of Monterey Way.
4. Ordinance No. 7670 - 2nd Reading, Rezone (Z-05-12-03) 76.20 acres, N of
Peterson & E of Monterey Way.
5. Ordinance No. 7671 - 2nd Reading, Annex (A-05-08-03) 55.95 acres, N of
Peterson & W of Monterey Way.
6. Ordinance No. 7672 - 2nd Reading, Rezone (Z-05-13-03) 55.95 acres, N of
Peterson & W of Monterey Way.
7. Rezone - (Z-06-16-03), .0595 acre, I-2 to C-4, 952 N 3rd.
8. Rezone - (Z-06-17-03), 1.44 acres from A to RS-2, E side of Mulberry, N
of Harvard.
9. UPR - (UPR-06-05-03), cell tower located at Free State H.S., 2700
Overland.
10. Zoning Ordinance - Section 20-1808, Limitation on Successive Petitions
to clarify process and standard for submittal of reapplication request.
11. Site Plan - (SP-06-35-03), A4DABLE LIMOUSINE & USED CARS, 952 N 3rd.
12. TSC - "No Parking" W side of Legend Trail Dr., 15th, S, W, N & E to its
end.
13. TSC - "Stop Sign" Perry St., at 5th.
14. TSC - "All Way Stop" Naismith & Allen Field House/Schwegler Dr.
15. TSC - Close Goldleaf Pl at 15th temporarily.
16. TSC - Amend Speed Hump/Speed Cushion Policy, 600 ft. area for property
owner approval.
17. TSC - Harvard permanent Traffic Calming Plan.
18. TSC - Deny to remove parking along E side of Michigan between 2nd & 3rd.
19. TSC - Deny to construct speed humps on Fall Creek Rd & Running Ridge Rd.
20. Subordination Agreement - 1618 Irving Ct., Steven Berger.
21. Release of Mortgage, 319 Clayton Ct., Cheryl Green.
22. Public Hearing - Special Assessment for 23rd & Louisiana.
23. Ordinance No. 7676 - 1st Reading, special assessment for 23rd &
Louisiana.
24. Public Hearing - 2004 City Budget.
25. 2004 City Budget approved.
26. Ordinance No. 7679 - 1st Reading, adopt 2004 City Budget.
27. Ordinance No. 7680 - 1st Reading, 2004 Budget property tax revenues.
28. Ordinance No. 7678 - 1st Reading, 2004 Sanitation Rates.
29. Ordinance No. 7681 - 1st Reading, Parking meter rates & overtime fees
for 2004.
30. Charter Ordinance No. 36 - 1st Reading, 5% Guest Tax.
31. Parks & Rec aquatic, golf & cemetery fees for 2004.
32. Administrative Policy 92, fees increase for Engineer Svcs.
August 12, 2003
City Commission Minutes
Page 25
_____________________________
Lisa K. Patterson
Communications Coordinator
City of Lawrence
PO Box 708
Lawrence, KS 66044
(785) 832-3406
fax (785) 832-3405
lpatterson@ci.lawrence.ks.us
http://www.lawrenceks.org