[E-minutes] November 4, 2003 City Commission meeting minutes
Lisa Patterson
lpatterson@ci.lawrence.ks.us
Fri, 7 Nov 2003 10:45:50 -0600
November 4, 2003
The Board of Commissioners of the City of Lawrence met in regular session at
6:45 p.m., in the City Commission Chambers in City Hall with Mayor Dunfield
presiding and members Hack, Highberger, Rundle, and Schauner present.
Lawrence High School representative Jacob Gage was present.
With Commission approval Mayor Dunfield proclaimed November 8, 2003 to be
"Buddy Poppy Day"; Monday, November 10, 2003 to be "Celebrate Marine Corps
Birthday"; and the month of November to be "National Home Care Month." In
addition, the Mayor recognized Lawrence Memorial Hospital for receipt of the
2003 Kansas Excellence Award.
CONSENT AGENDA
As part of the consent agenda, it was moved by Rundle, seconded by
Hack, to approve the City Commission meeting of October 28, 2003. Motion
carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by
Hack, to approve the Mechanical Board of Appeals meeting minutes of August
18, 2003; Economic Development Board meeting minutes of October 21, 2003;
and Sesquicentennial Commission meeting minutes of August 27, 2003.
Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by
Hack, to approve claims to 307 vendors in the amount of $1,365,380.19 and
payroll from October 19, 2003 to November 1, 2003 in the amount of
$1,325,437.74. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
approve the Drinking Establishment License for Liberty Hall, 642
Massachusetts; Royal Peking Restaurant, 711 West 23rd Street; Eldridge
Hotel, 701 Massachusetts; J's Sushi Station, 1730 West 23rd Street; and,
Jade Indian Grill, 3300 West 15th Street, No. B12. Motion carried
unanimously.
The City Commission reviewed the bids for uniform rental and bulk facility
service for the Public Works Department. The bids were:
BIDDER BID AMOUNT
GK Services $757.61
Cintas $788.45
Cintas Alternate $943.28
Armark $795.51
Walker Towel & Uniform $848.95
Ameripride $894.23
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
award the bid to GK Services, in the amount of $757.61. Motion carried
unanimously. (1)
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
approve the payment for the acquisition of various property interests for
the improvement of O'Connell Road, to O'Connell Youth Ranch, in the amount
of $34,500. Motion carried unanimously.
(2)
The City Commission reviewed the bid for the installation of 17 bus shelters
for the Public Transit Division. The bid was:
BIDDER BID AMOUNT
Penny Construction $65,269.20
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
award the sole bid to Penny Construction, in the amount of $65,269.20.
Motion carried unanimously.
(3)
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
place on first reading, Ordinance No. 7721, ordering the condemnation of
real property interests for 19th Street and Barker Avenue roundabout
improvements. Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
place on first reading, Ordinance No. 7722, establishing "no parking" on the
west side of Crestline Drive, south of 9th Street, a distance of
approximately two parking spaces to the nearest property line; and establish
"no parking" along the east side of Christie Court. Motion carried
unanimously.
(5)
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
place on first reading, Ordinance No. 7723, establishing a "bus loading
zone", 8 a.m. to 4 p.m., school days, on 10th Street, north side, for a
distance of 110 feet east of New York School. Motion carried unanimously.
(6)
Ordinance No. 7714, rezoning (Z-08-26-03) 4 acres from PCD-2 (Planned
Commercial Development District) to PCD-2 (Planned Commercial Development
District), to add uses within 12 and 13 as allowed uses, property located at
3235 Ousdahl Road, was read a second time. As part of the consent agenda,
it was moved by Rundle, seconded by Hack, to adopt the ordinance. Aye:
Dunfield, Hack, Highberger, Rundle, and Schauner. Nay: None. Motion
carried unanimously.
(7)
Ordinance No. 7710, annexing (A-08-12-03) 59.796 acres of land on the south
side of K-10 Highway and west of K-10 Highway and west of O'Connell Road
(Farmland Northwest Addition), was read a second time. As part of the
consent agenda, it was moved by Rundle, seconded by Hack, to adopt the
ordinance. Aye: Dunfield, Hack, Highberger, Rundle, and Schauner. Nay:
None. Motion carried unanimously.
(8)
Ordinance No. 7715, levying special assessments for part of the construction
costs of a gravity sanitary sewer, pump station, force main and other
necessary and related improvements for Westwood Hills-Baldwin Creek No. 2.
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
adopt the ordinance. Aye: Dunfield, Hack, Highberger, Rundle, and
Schauner. Nay: None. Motion carried unanimously.
(9)
Ordinance No. 7716, levying special assessments for part of the costs for
construction of a four-lane section with necessary concrete and curbs and
gutters, sidewalks on both sides, public storm sewers, turn lanes, and any
other related and necessary improvements for Wakarusa Drive beginning at the
Overland Drive/Wakarusa Drive intersection and continuing north to the
intersection of Eisenhower Circle, approximately 3620 feet in length. As
part of the consent agenda, it was moved by Rundle, seconded by Hack, to
adopt the ordinance. Aye: Dunfield, Hack, Highberger, Rundle, and
Schauner. Nay: None. Motion carried unanimously.
(10)
Ordinance No. 7717, levying special assessments for part of the costs for
construction of Wakarusa Drive beginning at the Eisenhower Circle/Wakarusa
Drive intersection and continuing west to the intersection of Queens Road.
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
adopt the ordinance. Aye: Dunfield, Hack, Highberger, Rundle, and
Schauner. Nay: None. Motion carried unanimously.
(11)
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
adopt Resolution No. 6505, setting a public hearing date of January 6, 2004,
to discuss the unsafe structure (barn at alley) at 933 Rhode Island and
consider adopting a resolution ordering said structure to be removed or
repaired within a specific time frame. This Resolution would repeal
Resolution No. 6494 and the public hearing date of November 11, 2003 would
be cancelled.
(12)
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
approve the site plan (SP-09-59-03) for Intrust Bank, located at 4920 West
16th Street, subject to the following conditions:
1. Provision of a photometric plan prior to release of the site plan
for issuance of a building permit;
2. Execution of a Site Plan Performance Agreement;
3. Execution of an agreement not-to-protest the formation of a benefit
district for intersection improvements for 16th and Wakarusa Drive;
4. Provision of a Stormwater Pollution Prevention Plan (SWP3), Per City
Code 9-903(B), per the City Stormwater Engineer's approval prior to release
of the site plan for issuance of a building permit;
5. Provision of a revised site plan to include the following:
a. Provision of a note that states: "Construction activity, including
soil disturbance or removal of vegetation shall not commence until an
approved SWP3 has been obtained";
b. Provide one additional street tree along 16th Street per the
approved Master Street Tree Plan for this lot;
c. Show and designate a trash enclosure area as required by section
20-1431, per staff approval; and,
d. Provision of a note that states: "No occupancy shall be permitted
until public improvements of 16th Street are completed and accepted by the
City."
Motion carried unanimously.
(13)
As part of the consent agenda, it was moved by Rundle, seconded by Hack,
Rundle seconded by Hack to refer the request from Alan Jay Glenn to donate a
piece of sculpture entitled "Inside Out" to the Lawrence Arts Commission for
a recommendation. Mr. Glenn's artwork was in last year's downtown sculpture
exhibition, and the City's Donated Art Policy provides for an Arts
Commission review and recommendation prior to considering the donation.
(14)
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
authorize the Mayor to sign a Subordination Agreement for Allisa Long, 714
North Michigan Circle. Motion carried unanimously.
(15)
As part of the consent agenda, it was moved by Rundle, seconded by Hack, to
authorize the Mayor to sign a Subordination Agreement for Laurie Dale
Marshall, 2131 Carolina Street. Motion carried unanimously.
(16)
Tim Herndon, LandPlan Engineering requested that the Final Plat (PF-0918-03)
for Monterey Bluffs be pulled from the consent agenda due to several changes
on the plat that referred to the phrase "north of Peterson Road."
David Corliss, Assistant City Manager/Legal Services Director, said staff
was in agreement with Monterey Bluffs and Stonegate No. 4's proposed changes
to the language on the plat.
After discussion, it was moved by Rundle, seconded by Hack, to concur with
the Planning Commission's recommendations to approve the Final Plat
(PF-09-18-03) with the proposed changes for Monterey Bluffs, a proposed
167-lot single-family residential subdivision containing approximately 55.94
acres, located north of Peterson Road and west of Monterey Way (extended),
and accept the dedication of easements and rights-of-way subject to the
following conditions:
1. Publication of zoning ordinance (Z-05-13-03);
2. Provision of a revised final plat per the City Stormwater Engineer's
approval to address lots 1, 2 and 3, block 4 that will receive concentrated
flow from the west that will be managed during home construction;
3. Provision of a legend to define LE as landscape easement;
4. Provision of a revised final plat to list the applicable MEBO's;
5. Execution of Temporary Utility Agreement;
6. Provision of the following fees and recording documentation:
a. Copy of paid property tax receipt;
b. Recording fees made payable to the Douglas County Register of Deeds;
c. Provision of a master street tree plan;
7. Pinning of the lots in accordance with Section 21-302-2;
8. Submittal and approval of public improvement plans for Monterey Way,
"north of Peterson Road," to the City Public Works Department (or letting
construction contracts for public improvements undertaken by benefit
district) prior to final plat; and
9. Provision of a note on the face of the final plat that states "No
building permits will be issued for lots in this subdivision until Monterey
Way, "north of Peterson Road," is competed and accepted by the City.
Motion carried unanimously.
(17)
CITY MANAGER'S REPORT
During the City Manager's Report, Mike Wildgen presented a photo to the City
Commission illustrating the changed landscape after the recent improvements
to the 6th and Rockledge section of Centennial Park.
Receive staff report and presentation concerning Web-based City Commission
meeting agenda and supporting materials.
Ron Hall, Information Systems Director, presented the report. He said this
was one of seven E-government projects that had been identified in the
E-government strategic implementation plan that covered a three year span.
Hall reviewed the current agenda packet process. He said that process was
very labor intensive and that was part of the issue of his presentation on a
web-based agenda.
He said when looking at other cities there were common denominators of a
web-based agenda or paperless agenda. First, a master agenda started out in
a Word format and any external correspondence that was not already in a
digital format was scanned for inclusion in the packet. There might also be
large maps and plats that needed to be in a digital format and the City of
Lenexa asked that applicants submit an 8 1/2 x 11 to be easily scanned. To
the master agenda, there were hyperlinks, linking into the detailed packet
information. The agenda packet was then placed upon the appropriate City's
website and distribution notification was sent to all the potential
recipients indicating that the packet was ready and to go to the website to
download or view it on-line. Some of the major benefits of a web-based or
paperless agenda were as followed:
1.) Efficient use to send the materials to one central site to eliminate
photo copying paper and all the information was e-mailed as much as possible
to one collector, usually in the City Manager's office or City Clerk's
office;
2.) Less use of paper and photocopying; and,
3.) Easier distribution to staff and concerned citizens.
He said this web-based agenda would meet one of the City Commission's goals
of improved service delivery and communication with the community.
Hall addressed the possible costs. He said there was a question of how many
notebook computers would be needed. He said to start, 12 notebook computers
would outfit the City Commission and City staff that was present. He said
the high end cost for notebook computers was approximately $2,500, which
used the latest technology and could be a tablet or a notebook. There was
also GIS information, such as maps, that could be viewed with ARC Reader for
example, but would need to be a higher end personal computer because it took
more resource to run that application. He also included costs for a
scanner, software, network cabling and a part-time assistance which totaled
approximately $51,792.
Other issues that were brought up related to this project were to create
City email accounts and a personal account. All City email account
information could be automatically forwarded to a personal account. He said
the City Commission Chambers was outfitted as a Sunflower Hotspot. It would
be possible to access from the notebooks the wireless point in the Chambers
for $5.00 a month per user and that would also include an email account on
the Sunflower.com domain. He said if the Commission wanted to maintain a
City email account rather than forwarding to their personal account it could
be accessed by using Outlook Web Access which would enable the Commission to
go through the web into an email account with password protection.
Another option that was discussed was a remote access server which was a
software that allowed remote dial-in access with a low end or thin client
technology and did not take a lot of resource to access and run applications
that were inside the City's network.
He said concerning maps and plats, the Commission might want to consider a
policy to have those submitted in digital form or an 8 1/2 X 11 paper copy
that was easily scannable. He said the larger documents would need to be
addressed.
Hall said concerning web accessibility for individuals that might be sight
impaired and using a Text to Speech Reader, if the agenda pack was in an
HTML format that was generally considered to be web accessible than adobe
acrobat PDF format.
He said there would be some correspondence that would not be scanned and in
the Commission's packet such as newsletter or confidential information.
Hall addressed the issue of email accounts inside the City network versus
outside or personal email. He said any time there were notebooks connected
outside to a different network, potentially picking up worms or viruses
brining them inside the City network behind the firewall and connecting
them, there would be problems. It would be a big issue if the firewall was
by passed along with virus protection. He advocated that all correspondence
be kept on the web if possible, if not try to have email accounts and other
information inside the City network.
He presented the City Commission with examples from other Cities on
paperless agendas including Lenexa; Fort Collins; Bellingham, Washington;
and Chandler, Arizona.
Hall asked for guidance from the Commission on the structure of this issue.
He suggested that staff create a sample paperless agenda packet, in digital
format, to present to the Commission for review and modifications.
Vice Mayor Rundle said he liked the test run idea. He asked for feedback
from other City Commissions to learn from their earlier implementations. He
asked if there was a significant difference on the costs between Hotspot end
and hard wire end.
Hall said there were security issues if notebook were taken off-site and
connected to other computers and then connecting to the City's network. He
said staff would need to look into providing extra security to access
inside. He said wireless Hotspots were inexpensive.
Vice Mayor Rundle asked why Lenexa connected to the web.
Hall said they could use Citrix to connect inside the network, strictly to
use Microsoft Outlook. The other way to access outside the web was Outlook
web access, but it had limitations.
Vice Mayor Rundle asked if Citrix addressed the security issue.
Hall said yes. It had a virtual private network where there was secure
access inside the network.
Mayor Dunfield asked if there was any significant difference in reliability
between wireless and hard wired Internet access.
Hall said there were security issues in wireless. The City had control over
the internal wiring so in that sense, it was more reliable. He said it
would not hurt to have both. Hall said Citrix was not an inexpensive item.
The City of Lenexa already had Citrix before they did their paperless
agenda. The cost for Citrix would be approximately $15,000 to $20,000 to
implement. He said potentially Citrix could be used for all or selected
employees to access, not just Outlook, but applications in general that were
housed on the City Network.
Commissioner Schauner asked if Citrix had applications beyond the City
Commission's use.
Hall said yes.
Vice Mayor Rundle asked if that cost was a one time costs for the entire
City.
Hall said it was a one time cost for the computer server and the license for
the software, but the City would need to pay annual software maintenance
which was typically 15% to 17% annually or it could be higher.
Vice Mayor Rundle said he would find Citrix justifiable if it gave Public
Works or Neighborhood Resources a step up. He suggested having something in
place to avoid security risk.
Commissioner Schauner suggested moving ahead with this issue as quickly as
possible. He did not know if he had a preference between HTML or Acrobat
because he did not know enough about how those would be easier or harder to
use from a management standpoint. He also suggested relying on City staff
to provide the Commission with their recommendation.
Mayor Dunfield said from a user perspective, he preferred HTML over Acrobat.
Hall said HTML was staff's preference also.
Commissioner Highberger agreed with Mayor Dunfield concerning accessibility
and hyper linking abilities although that seemed as though it would be more
staff intensive.
Commissioner Schauner asked if staff presented a test packet for
modifications and approval from the Commission, from that point forward,
what was staff's expectation of when it would be up and running.
Hall said this issue would be a phased approach and he would like a
duplicate process for a while until staff was sure that the system had
proved itself.
Commissioner Schauner suggested taking the prototype that Lenexa had
created, learn from their mistakes, and shorten the time. He asked how long
it would take using that approach.
Hall said if staff focused on that issue, it could be pared down to a couple
of months, but that would depend on the time and what roadblocks would be
discovered along the road.
Receive report from Steve Lashley, Assistant City Engineer, regarding
pavement management.
Steve Lashley presented the report. He has worked for this City
approximately 4 months and one of his core responsibilities for this City
was to develop the Pavement Management System for the City of Lawrence. He
said to develop a Pavement Management System, he researched methodologies
used by other local authorities such as Prairie Village and the City of
Wichita and it was determined that the use of a visual survey to collect
distressed on pavements was very useful. He said specific rating or
pavement condition index (PCI) could be calculated for a pavement segment.
He said this PCI could be used to develop maintenance strategies and
programs. He presented the Commission with a copy of a Distressed Rating
Form. This form would be used for surveying flexible or asphalt pavements.
Using the form this specific distress would be identified and by those
guidelines the severity and extent levels of the distress would be recorded
through survey. The relative factors and weighted values would make up a
deduct value and thus the PCI would be calculated by subtracting the total
deduction values from the score of one hundred.
He displayed visual pavement distress scenarios to the Commission that would
be addressed by using and calculating the PCI.
Vice Mayor Rundle asked if there were preventative measures that could be
taken when laying down asphalt.
Lashley said if there was a problem with the asphalt mix itself, it might
come from the asphalt plant as far as the amount of oil and it would be
considered out of specifications. A possibility would be to use better oils
on the surface, but it would be a more expensive asphalt pavement surface.
Lashley said pavement management was an on-going process. The initial data
collection would take approximately two years to get a full data set, but as
the data was collected, it would be used for on-going maintenance procedures
and programs. The updating of the PCI would occur annually.
In conclusion, the primary benefit of the Pavement Management System gave
staff the ability to optimize strategies for providing cost effective
maintenance and ultimately maintaining streets in a serviceable condition
for duration of time.
Commissioner Schauner asked if it would be helpful, as part of the Pavement
Management System, to keep a record of the contractors that did each piece
of work to see if there were better or worse result with some contractors
than others. As he looked at Lashley's examples all of those examples had
at least product quality as a possible reason for the problem.
Lashley said currently with the street pavement data there was already
information considering the pavement characteristics. He said it also
identified a history of pavement maintenance that had occurred. Staff would
know when the last mill and overlay period was in a certain year and staff
could look back at contracts or projects and who they were awarded to.
Commissioner Schauner asked if there was a value in trying to tract the
history of particular contractors and the length of time their project
remained serviceable, because it was a lot cheaper to build a project right
in the first place than to repair it every two or three years, not to
mention the inconvenience to the traveling public during that repair
process. He said as good stewards of street money, he would like to see
used the highest quality product that was reasonable in building streets and
track the performance of the City's street contractors to make sure the City
was getting the best value.
Vice Mayor Rundle asked if the City ever received warranties on materials.
Soules said typically on construction projects, there was a one year
warranty.
Commissioner Schauner asked to what extent had staff been able to train and
use the nuclear density tester that was recently purchased.
Soules said staff was using that tester on the 6th and Kasold project to
check density and compaction.
Commissioner Schumer asked if staff was pleased with the performance of the
equipment.
Soules said yes. He said staff was also using a testing firm that
supplemented that service.
Rundle asked if that tester was strictly a pavement tool or could that test
the density of other surfaces.
Soules said it could test other surfaces, but it had a limit.
Lashley said pavement, concrete, asphalt, and soils could be tested, but it
would depend on the type of nuclear density gage.
Receive and discuss results of City Commission Review of Carnegie Library
Proposals. Discuss next steps for further review and refinement of related
proposals.
Wildgen presented the report. He asked for Commission direction on future
use for that facility.
Mayor Dunfield said it seemed to be a clear preference for the highest
ranked proposal, the Langston Hughes Center for Community Enrichment. One
option would be to ask that particular group to provide more information and
discuss their proposal with the Commission. He said there was a clear break
after the fifth proposal if the Commission wanted to extend the process
further.
Commissioner Schauner suggested that the first two proposed uses, though
they were 56 points apart, had enough in common that there might be an
ability to have an adapted reuse of that facility. He would like discussion
with representatives from those two groups about how they might view
compatibility.
Vice Mayor Rundle said the Langston Hughes Center was a large committee and
they had actually talked to someone from the Arts Commons about the idea of
shared use and compatibility. Those two individual groups thought there was
promise.
Commissioner Hack said those proposals could be combined, such as the
Children's Museum in tandem with the Langston Hughes use. She would like
to continue dialogue with the Langston Hughes proposal as well as the Arts
Commons and the Children's Library Museum. She was not in favor taking the
Children's Library out of the Public Library. However there might be some
components that could be worked together. She asked if forming a committee
had been discussed.
Dunfield said yes. The usual course of those issues was a matter of
deciding between one proposal and another. He was not sure how the
Commission would structure the kind of discussion among different proposals
that were suggested.
Commissioner Schauner asked if it would be possible to ask representative
from proposals one, two, and four on the list, to meet among themselves to
propose some sharing facility that they believed would be workable and bring
that back to the Commission for consideration.
Vice Mayor Rundle had a concern about the Children's Library and he
suggested receiving comment from the Library Board. He saw inefficiency in
moving that whole department.
Commissioner Hack said it was the literacy issue that the Langston Hughes
Center for Community Enrichment was looking very strong at. She did not
support moving any of the Children's Library out of the Public Library
because reading was a family issue.
Mayor Dunfield suggested structuring it in a way that Langston Hughes Center
would be the strongest proposal and to have that group see if they could
work with the representatives of the Arts Commons and the Children's Library
to see if there were things that could be brought under the umbrella of the
Langston Hughes. He said tentatively the Commission would like a report
brought back to the Commission by mid January
Commissioner Schauner asked the anticipated completion date on the
stabilization project.
Mayor Dunfield said January 1, 2004. He said to renovate the building
fully, they would need to know what the user of that building would need.
(18)
REGULAR AGENDA
Conduct a public hearing to consider the vacation of a utility easement
located between Lot 26 and Lot 27, Block 1, Stonegate III Addition (AKA 802
and 806 North Field Stone Drive.)
Chuck Soules, Public Works Director, presented the report. He said the
applicant was looking to build on Lot 26 and the easement extended into his
yard. All the utilities had been contacted and there were no issues and
staff did not have any problems with vacating this easement. None of the
residents that staff notified within a 200 foot radius had contacted him
concerning that matter. When the applicant decided to build, the applicant
would need to maintain the side yard setbacks.
Mayor Dunfield called a public hearing to consider the vacation of a utility
easement located between Lot 26 and Lot 27, Block 1, Stonegate III Addition.
Rundle asked if this area was built out or was it currently being developed.
Soules said there were homes still being built in the area.
Upon receiving no public comment, it was moved by Highberger, seconded by
Schauner, close the public hearing. Motion carried unanimously.
Moved by Hack, seconded by Rundle, to approve the order of vacation of a
utility easement located between Lot 26 and Lot 27, Block 1, Stonegate III
Addition. (18)
Consider accepting dedication of easements and right-of-way for
(PF-09-17-03), a Final Plat for Stonegate IV Addition, a replat of Tact A,
Stonegate Subdivision No. 2 and a Final Plat of an adjacent tract of land.
This proposed 105-lot single family residential subdivision contains
approximately 39.01 acres and is located north of Peterson Road and east of
Monterey Way (extended).
Sandy Day, Planner said this was forwarded to the City Commission by the
Planning Commission with split recommendation for the approval. She said
there was quite bit of a discussion at the Planning Commission regarding the
pedestrian easements. Staff met with the applicant to resolve the issue and
the revised final plat was in the agenda packet.
Dunfield asked if the issue is one of easement versus right of way and
pedestrian easement won out.
Day said correct and she said the applicant's preference would be that it
would be as a tract. As a group we concluded this is the appropriate
vehicle providing pedestrians connection between subdivisions back to the
public streets and ultimately to the city park to the north of the
subdivision.
Rundle asked if the sidewalk was required to be built.
Day said yes, as part of the public improvement plans when the streets and
sidewalk are constructed those public improvement plans would include a
sidewalk connection. Maintenance responsibilities would be same as any
individual property owner with sidewalk along a public street. The public
improvement plan requires that this sidewalk be constructed initially with
the development rather then deferring that construction to some future date.
Tim Herndon, LandPlan Engineering said he understood all parties were in
agreement but with on asterisk. He said he wanted to remind everyone that
even though generally we agree that pedestrian access is good, and
connectivity is good, we tried to make it happen whenever we could. He said
sometimes it looks good on plans, but when you take a third dimension and
consider that, it can be a potential deterrent. The other side of this,
there are concerns that the real estate community or homeowners have such as
liability issues that may occur. He reminded the group that things are not
always as good as they may seem at first glance.
Highberger said he took exception with some of Herndon's comments. He said
there was no difference between this sidewalk and the one in front of his
house. He commended staff for their work on this and he thought this should
be model for the future.
Rundle said he agreed with Highberger.
Moved by Highberger, seconded by Rundle, to concur with the Planning
Commission's recommendations to approve the Final Plat (PF-09-17-03) for
Stonegate IV Addition, a replat of Tract A, Stonegate Subdivision No. 2 and
a Final Plat of an adjacent tract of land, and accept the dedication of
easements and rights-of-way subject to the following conditions:
1. Publication of zoning ordinance (Z-05-12-03);
2. Provision of a revised final plat to include the following:
a. Rename Foxtail Court; and
b. Provide sufficient ROW for turnaround at end of Prairie Clover
Drive, per City Engineer and City Fire Department approval for 50' of
pavement.
3. Provision of a revised final plat to show and identify full width of
right-of-way dedication on the rear of Lots 15 & 16, Block One. To be
modified to provide a 65 foot radius from the intersection of the
centerlines of Grand Vista, Monterey, and Hunters Hill, per City Engineer's
approval;
4. Applicant shall meet with City staff to determine whether the area
shown as "Tract A" should be public property (owned by the City)
right-of-way (owned by the City) or private property (owned by residents of
Lots 14 and 15, Block One) prior to the final plat being forwarded to the
City Commission for acceptance of rights-of-way and easements;
5. Provision of a revised final plat to list the applicable MEBO's;
6. Execution of a Temporary Utility Agreement;
7. Provision of the following fees and recording documentation:
a. Copy of paid property tax receipt; and
b. Recording fees made payable to the Douglas County Register of Deeds;
c. Provision of a Master Street Tree Plan;
8. Pinning of the lots in accordance with Section 21-302.2
9. Submittal and approval of public improvement plans for Monterey Way,
north of Peterson Road, to the City Public Works Department (or letting of
construction contracts for public improvements undertaken by benefit
district) prior to filing of the final plan; and
10. Provision of a note on the face of the final plat that states "No
building permits will be issued for lots in this subdivision until Monterey
Way, north of Peterson Road, is completed and accepted by the City.
Motion carried unanimously.
(19)
Receive staff report from the Planning Department regarding a down zoning
request near Legends Drive and Research Park Drive.
Linda Finger, Planning Director, presented the staff report on land use
zoning alternatives for PCD in Oread West. She said the area was zoned in
1989 and the concept for use had changed since that time. She said the
subject tract is zoned inconsistently with the nearby uses and zonings. She
said staff reviewed recommendations and took a look not only at the
neighborhood in the westerly direction but also at the existing parcels
which are undeveloped, platted and un-platted to the north, east and
directly south. She said those are zoned M-1. M-1 is unique in zoning
regulations because it has development standards which are unlike other
districts. She said when bringing residentially zoned property against an
M-1 district, the regulations say the M-1 has to make adjustments. She said
this entire area had developed for different purposes than originally
intended with the predominate types of uses being office use, and low
intensity manufacturing uses. If they wanted to expand and if this request
were to rezone to residential it would have impact on that use. Finger said
staff recommended rezoning the property to either M-1 or O-1.
Schauner asked what could be built in M-1 zoned areas.
Finger said examples of M-1 use would be businesses like Microtech or Oread
Labs. It doesn't allow large trucks, outside storage, or fleets of vehicles.
It is more typically created for headquarters of small corporate entities.
Dunfield asked what would the process be from tonight assuming the
Commission initiated a rezoning.
Finger said staff needed direction on what zoning you would like the PCD to
be published as going to. This could go on as early as the December 17th
Planning Commission meeting. She said the public hearing is held at the
Planning Commission.
Dunfield asked if the Planning Commission agreed that rezoning was
appropriate but didn't agree with what the City Commission's recommendation
was, do they have the authority then to recommend a different
classification.
Finger sad the Planning Commission could use the lesser change table. They
could recommend a lesser zoning, but they can't recommend a greater zoning.
Dunfield asked if the lesser change doesn't apply, we do not have any real
urgency about this.
Finger said no one has approached Planning and there were no plans for
building that she was aware of. She said there was no reason this had to go
on the next meeting.
Highberger said the likelihood of someone wanting to put a hotel in this
area any time soon seemed rather remote.
Finger said they had not been knocking down their door on this particular
issue.
Rundle said he appreciated staff bringing this to the Commission's attention
but asked if rezoning was initiated this evening would it come back to the
Commission before it went to the Planning Commission.
Finger said no it would not.
Rundle asked about the intensity of M-1 and O-1.
Finger said use group 18 would be permitted. She said it has a peripheral
buffer plus there is a high intensity gas line that already creates a form
of a buffer so there is over 100 feet before you get to the ground that
could be landscaped.
Schauner asked how the building of banks furthers the goal or purpose of M-1
zoning. He said another bank had been approved on this evening's consent
agenda and it appeared to be in an M-1 area.
Finger said a financial institution would allow for bank deposits near a
large corporate park. She said the area has not met its full use yet and a
bank or two may be useful to the employers in that area. She said the
Research Park Oread West doesn't include the bank on the north side of 15th
street because that was removed from the M-1 area and rezoned to PID-1. She
said the 15% restriction was taken off of banks and offices and it opened
the door for more uses that were more market ready to come into the
property.
Schauner asked if the 15% requirement was something we could have discussion
about in the subdivision regulations. He said we should look again at some
restriction on market ready enterprises that would restrict the future use
of M-1 for example for its originally intended purpose.
Finger said in the new code it would be IPB (Industrial Park District). She
said you could have a discussion about a percentage discussion about the
types of uses but that does not currently occur in the draft document.
Schauner said he would the to have that discussion.
Gwen Klingenberg, West Lawrence Neighborhood Association, presented another
option. She said you can take a section of this and make it an R-1 or RMD
that is medium density homes of families, and then the rest would be your
office area. This would be compatible with Horizon 2020 and does give the
buffer between single family homes and the rest of the section.
Schauner asked Klingenberg what was the West Lawrence Neighborhood
Association's position on staff's recommendation.
Klingenberg said they would like to see a better buffer between M-1 and the
neighborhood.
Dunfield asked Finger to comment on the width of the buffer.
Finger said the gas line easement is 100 feet and so you have to add to that
the 40 foot buffer but the northern section of the western property line
already abuts homes.
Dunfield said so approximately along half of the west edge there is a 140
foot buffer and the other half is 40 foot.
Highberger said it would seem that M-1 would be better suited since it would
be less intensive and create less traffic and less noise than a residential
area.
Dunfield agreed. He said the offices there now seem to be about as benign a
transitional use as one could ask for.
Hack agreed with Highberger and Dunfield. She asked Finger to comment.
Finger said with M-1 most permitted uses are during the daytime, which are
basically 7 to 7.
Schauner asked if we could require that the 140 foot setback be extended for
the balance of what is currently PCD-2.
Finger said as the property comes into plat and with the plan that could
certainly be done.
Schauner asked if that could be a condition for approval.
Finger said you could ask for an intensive berm buffer or the 140 foot
setback.
Hack said that might be preferable.
Moved by Schauner, seconded by Hack, to initiate rezoning the PCD-2 tract in
Oread West Research Park to M-1 with the understanding that there would be
different buffering (i.e., landscaping, berming) requirements to provide
buffering to the neighborhood. Motion carried unanimously.
(20)
Receive a report on possible improvement of Queens Road, north of West 6th
Street.
David Corliss, Assistant City Manager/Legal Services Director, presented the
report. He mentioned all the improvements already in place near Queens
Road. He said to the west of Queens Road some sanitary sewers have been put
in south of the Turner tract. He also pointed out that to the west and to
the north is the Perry-Lecompton school district.
Corliss said this is a good illustration of adequate public facilities
discussion. He said we know the answers to some questions such as the where
of Queens Road and what it should be, a collector street with bike lanes and
sidewalks on both sides. He said we know a lot of the how in so far as the
development policy says adjoining property owners would participate in a
benefit district. He said the Parkwest and Westwood Hills subdivisions have
signed agreements not to protest the benefit districts. He said the topic
for this evening is the when for Queens Road improvements. He said from a
benefit district standpoint now is the time to begin these discussions.
He said he wanted to make it very clear that none of the property owners
have yet been contacted. He said he has talked with Phil Struble with Land
Plan Engineering.
Chuck Soules presented some rough costs. He said these costs do not include
utility relocation or right of way costs. He said if Queens Road was
extended from 6th to Overland it would cost about $750,000. If it was
extended up to Wakarusa, the costs would push $2,000,000 and all the way to
1700 Road it would cost about $2,500,000.
Corliss explained the areas currently annexed.
Dunfield asked about timing issues and if a benefit district were
established what would the commitments to construction be.
Corliss said there is no contractual commitment when a benefit district is
established. He said there would be some cost estimate issues. Some recent
resolutions have included cost accelerators to allow those estimates to grow
over time. Corliss said the resolution is recorded so it is part of the
title so future purchasers would know about that benefit district.
Schauner said there seems to be a larger question that should be discussed.
He said if this road is improved development will come. He said the
question that needed asking is whether that is an area that we want
developed.
Corliss said the City is already building it. He said there are already
sewers in that area and there are other elements that are in place or likely
to be in place. He said that question was more relevant to the issue of how
far north to build Queens Road.
Rundle said if we move the adequate public facilities discussions further
along he assumed there would be other financing tools besides benefit
districts and he wondered when those other financing tools would come on
line and how that fit the timetable Corliss was considering for building the
road.
Corliss said those would be good discussions for early next year. He said
those revenue streams might not be adequate when considering the amounts
Soules just mentioned. He said we still would have to debt finance it.
Corliss pointed out that Clinton Parkway and 15th Street were put in before
development.
Schauner said if we begin to assess specials that may lead to developing the
property sooner because some of the owners can't afford the specials. He
went back to Rundle's comments and said he would like to know more about
other financing options besides benefit districts.
Dunfield said we had a transportation plan that was supposed to be guiding
us and we would want to go back and see if it was justified or not.
Phil Struble, LandPlan Engineering, said he was thrilled to hear that the
Commission was having this discussion. He said the adequate public
facilities discussion is really about two issues: growth and fixing the
internal problems caused by growth. He said this one is almost a betweener.
He said this is almost too late for the adequate public facilities
discussion. He said he does not like the benefit district option but he
doesn't know of any other option to finance this project. He said the
discussion about APF and a possible excise tax is about a mile or mile and a
half down the road. He said as to "the build it and they will come"
comment, that discussion was held about three years ago.
He said the school district boundary is an issue. He said the growth of the
north part of Lawrence is along the school district boundary.
Schauner asked if Wakarusa Drive south of 6th is an arterial.
Struble said yes.
Rundle said he appreciated Struble's comments. He said it was very helpful
for him to hear Struble put some of the issues in context. He asked whether
sewer districts were set up by the County. He said if that was the case we
do not really make the decision on where growth occurs.
Struble said that discussion with the County would be the best possible from
the City's perspective. He said sewers drive these development issues.
Dunfield said the deferred benefit district idea helps address some of
Schauner's concerns but it does not address the City's financial
obligations.
Schauner said he understood the deferred benefit district options would only
apply to residential properties.
Dunfield asked whether we could consider deferring agricultural land.
Corliss said it was important to remember he has not had any discussions
with property owners about these issues. He said it was also important to
remember that there was a significant time lag from the formation of the
benefit district to when the specials showed up on property taxes. He also
said it would be beneficial to talk with property owners and see if they
have some time horizons for selling the property. He said it was fair to
say that the Turner property was owned with the idea to sell it.
Rundle said those discussions with property owners should start. He asked
if annexations would follow.
Corliss said the discussions with property owners would include annexation
discussions as well.
Schauner asked if we built this project and debt financed a significant
portion of that what impact will that have on our debt load and bond rating.
Corliss said those are relevant comments.
Hack said she also appreciated Struble's comments about APF. She said one
of the criticisms she had heard was that the Commission doesn't think far
enough out and we don't plan ahead. She agreed with Rundle that discussions
should begin with property owners on the west side. She said she would he
to see the road extended to 1700 Road.
Dunfield said he agreed that discussions should begin. He said he saw the
argument for 1700 Road but he also saw the argument for only extending to
Wakarusa Drive. He said the school district boundary is an issue and he did
not have a good feel for how to address it at the present time.
Rundle said it was very good to have these discussion no matter how
difficult they may be.
Highberger said he agreed with Hack. He wanted the City to have more input
on formation of neighborhoods. He said with all due respect to Phil Struble
he did not like the neighborhoods that he was building.
Rundle said it would be good to know where County sewer districts currently
are.
Corliss said there are two County benefit sewer districts one east and one
west of Queens Road. He said while those are County benefit districts they
did have to come to us for permission.
Highberger said he would like a staff report on the pros and cons of an
aggressive annexation plan.
Wildgen said a report like that was prepared not too long ago and he could
provide it to him.
Rundle mentioned the area near O'Connell and 23rd and said we need an area
plan before we do too much more in that area. He said the neighbors are
worried in that area. He said he would like to see this is as an agenda
item some time in the future.
PUBLIC COMMENT
Doug Bowen, Lawrence, asked why there are no roundabouts at the
intersections Harvard and Wakarusa and it Legends and Wakarusa.
Wildgen said both those intersections are on the list for improvements.
Dunfield said those 4 way stops will have to give way to improvements at
some point in the future.
Dr. David Kennedy, Dentist, spoke about the unintended consequences of
drinking water fluoridization. He asked that the Commission consider
adopting a safe drinking water ordinance. He said information could be
found at keepersofthewell.org.
Dunfield said the Health Department staff should comment on this
information.
COMMISSION ITEMS
Schauner said he would like to see the Traffic Safety Commission look at
whether we should have a policy for traffic control devices such as where
they are useful and in what manner.
Dunfield said he thought David Woosley had provided some information on this
topic not too long ago.
Moved by Schauner, seconded by Rundle to adjourn at 9:50 p.m. Motion carried
unanimously.
APPROVED:
_____________________________
David M Dunfield, Mayor
ATTEST:
___________________________________
Frank S. Reeb, City Clerk
CITY COMMISSION MEETING OF NOVEMBER 4, 2003
1. Bids - Uniform rental of Public Works to GK Services for $757.61.
2. Property Acquisition - to improve O'Connell Rd, to O'Connell Youth
Ranch for $34,500.
3. Bid - Install 17 Bus Shelters to Penny Construction for $65,269.20.
4. Ordinance No. 7721 - 1st Reading, condemn real property for 19th
St., and Barker roundabout improvements.
5. Ordinance No. 7722 - 1st Reading, "no parking" W side of Crestline,
S of 9th, (2 parking spaces) "no parking" E side of Christie Ct.
6. Ordinance No. 7714 - 2nd Reading, rezone (Z-08-26-03) 4 acres from
PCD-2 to PCD-2, 3235 Ousdahl Rd.
7. Ordinance No. 7710 - 2nd Reading, annex (A-08-12-03) 59.796 acres, S
side of K-10 & W of K-10 & W of O'Connell Rd (Farmland NW Add)
8. Ordinance No. 7715 - 2nd Reading, levy assessment for Baldwin Creek
No. 2.
9. Ordinance No. 7716 - 2nd Reading, levy assessment for Wakarusa at
Overland/Wakarusa Drives.
10. Ordinance No. 7717 - 2nd Reading, Wakarusa, Eisenhower to Queens.
11. Resolution No. 6505 - Unsafe structure, 933 Rhode Island.
12. Site Plan - (SP-09-59-03) Intrust Bank, 4920 W 16th.
13. Final Plat - (PF-09-18-03) Monterey Bluff's, 167 lot, 55.94 acres, N
of Peterson & W of Monterey Way.
14. Sculpture - donated from Alan J. Glen entitled "Inside Out" to
Lawrence Arts Commission.
15. Subordination Agreement - 714 N Mich Circle, Alissa Long.
16. Subordination Agreement - 2131 Carolina St., Laurie Dale Marshall.
17. City Manager's Report.
18. Vacation - Utility Eastment, Stonegate III Add., Lot 26 & 27, Blk 1.
19. Final Plat - (PF-09-17-03) Stonegate IV Add., Tract A, 105 Lot,
39.01 acres, N of Peterson & E of Monterey Way.
20. Down Zoning request - near Legends Dr., & Research Park Dr.
21. Improvements - Queens Rd, N of W 6th.
_____________________________
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