February 8, 2000

 

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 Hodges presiding and members Dunfield, Henry, Kennedy and Rundle present.  Student Commissioner Smalberg was present.      

With Commission approval Mayor Hodges proclaimed the week of February 13 – 19, 2000 as “Business Professionals of America Week.”

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the City Commission meeting minutes of February 1, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the Traffic Safety Commission meeting minutes of January 3, 2000; and, the HAND Advisory Committee meeting minutes of January 20, 2000. Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve claims in the amount of $838,398.02.  Motion carried unanimously.     

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Drinking Establishment License for J.B. Stout’s, 721 Wakarusa (Contingent Upon State License); Stu’s Midtown Tavern, 925 Iowa; Laughing Dog Saloon, 1910 Haskell, Ste: 6 & 7 (Contingent Upon State License); La Tropicana Restaurant, 434 Locust; Rudy’s Pizzeria, 704 Massachusetts; Set’em Up Jack’s, 1800 East 23^rd, Ste: G; and, the Cereal Malt Beverage License for the KWIK Shop, 4941 West 6^th (Contingent Upon Departmental Approval).  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the recommendation of the Mayor and appoint Alan Black, Danny Kaiser, Jerry Bottenfield, Mary Michener, Robert Tabor, Jessie Ann Lusher, Anita Arleketa, Holly Krebs and Ernie Dyer to the Public Transit Advisory Committee; and, Sharon Spratt to the Parks and Recreation Advisory Board.  Motion carried unanimously.

The City Commission reviewed the bids for a Compact Extended 4 Wheel Drive Pickup for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Laird Noller Motors in the amount of $17,616.82.  Motion carried unanimously.

The City Commission reviewed the bids for two (2) Full Size Extended Cab 4 Wheel Drive Pickups for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Robert’s Auto Plaza in the amount of $44,684.00.  Motion carried unanimously.

The City Commission reviewed the bids for two (2) Tandem Axle Trucks for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Rusty Eck Ford in the amount of $100,488.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the low bids to various vendors for Computer Hardware Equipment.  Motion carried unanimously.

The City Commission reviewed the bids for the 1999 Chip and Seal Program for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to LRM Industries in the amount of $32,625.45.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to set a bid date of February 29, 2000, for the Pelathe Center Foundation Repairs located at 1423 Haskell Avenue. Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the sole bid for the purchase of a divider curtain for Holcom Recreation Center from Athco Supply in the amount of $12,330.00. Motion carried unanimously. 

The City Commission reviewed the bids for the purchase of sports fencing (PVC) for softball and indoor soccer use for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Specialty Recreation Equipment in the amount of $11,365.40.  Motion carried unanimously.

The City Commission reviewed the Request for Proposals for the design of the South Park wading pool and restroom for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Smalter and Assoc. in the amount of $9,500.00.  Motion carried unanimously.

The City Commission reviewed the Request for Proposals for engineering and design services for trail engineering and design and other projects at Prairie Park and Mary’s Lake portion of the park.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Landplan Engineering in the amount of $32,750.00.  Motion carried unanimously.

Ordinance No. 7192 establishing “no parking” along the west side of Brentwood Drive from Arrowhead Drive to Winston Drive; along the west side of Crestline Drive from Peterson Road to Stowe Drive; and, along the southerly side of Stowe Drive from Brett Drive to Brett Court was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle. Nay: None.  Motion carried unanimously.                                                                     (1)

Ordinance No. 7193, deleting the amendment to the National Electrical Code Section 70-11(d), Section 5-402 of the City Code concerning emergency power requirements was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                     (2)

Ordinance No. 7194, establishing the Housing Trust Fund was read a second time.  

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                     (3)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6152, finding it advisable to improve Crossgate from Clinton Parkway to the proposed 24^th Street.  Motion carried unanimously.                      (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6153, establishing the benefit district for the improvement of Crossgate from Clinton Parkway to the proposed 24^th Street.  Motion carried unanimously.                                                                                                      (5)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6156, finding it advisable to improve Parkside Road.  Motion carried unanimously.                                                                                             (6)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6154, setting a public hearing date of April 4, 2000, for the unsafe structure at 315 Maple Street.  Motion carried unanimously.                           (7)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6155, setting a public hearing date of April 4, 2000, for the unsafe structure at 331 Maple Street.  Motion carried unanimously.                           (8)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations, approve the Final Plat for Kincaid Addition, a one-lot residentially zoned plat containing approximately 0.33 acres, located east corner of Kasold Drive and north of Clinton Parkway, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of a revised Final Plat depicting the following:

a.                  Correct surrounding zonings shown on plat;

b.                  Correct Lot 33 of Heatherwood to show offset property line;

2.                  Provision and approval of a Master Street Tree Plan;

3.                  Execution of a Temporary Utility Agreement.

Motion carried unanimously.                                                                                             (9) 

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations, approve the Final Plat for Fall Creek Farms No. 2, an 18-lot residential plat containing approximately 20.809, located south of Peterson Road and east of Fall Creek Road, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provide a revised Final Plat depicting the following:

a.                  Provide 10’ x 10’ utility easement, adjacent to road right-of-way, at each transformer and secondary pedestal location;

            2.         Provision and approval of a Master Street Tree Plan;

                        3.         Provision of redistribution of special assessments, if applicable, which meets the City’s requirements and is acceptable to the City Clerk and Public Works Director.

2.                  Provision of a certificate that the subdivision’s boundaries are pinned and there is a contract with a licensed engineer or land surveyor to pin the lots after completion of street and public improvements;

3.                  Payment of street sign fees; and,

4.                  Execution of a Temporary Utility Agreement.

Motion carried unanimously.                                                                                            (10)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Traffic Safety Commission’s recommendation to install a guardrail along the south side of the 24^th Street/Naismith Drive curve.  Motion carried unanimously.                                                                                                                   (11)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Traffic Safety Commission’s recommendation to change the alley between 9^th, 10^th, Kentucky, Tennessee from one-way traffic to two-way traffic.  Motion carried unanimously.                                                                                                    (12)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Traffic Safety Commission’s recommendation to deny the request to prohibit northbound left turns on Naismith at Crescent Road.  Motion carried unanimously.                                                                                                                              (13)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the Traffic Safety Commission’s recommendation to support the Bicycle Compatibility Index Study for bicycle lanes on 19^th Street between Massachusetts and the east City limits.  Motion carried unanimously.                       (14)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the Traffic Safety Commission’s recommendation not to support the installation of bicycle lanes on Connecticut Street as recommended by the Bicycle Compatibility Index Study.  Motion carried unanimously.                                             (15)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to direct staff to prepare and the Mayor to sign a quit claim deed and easements concerning Reuter Organ property located at 612 New Hampshire.  Motion carried unanimously.                                                                                                                          (16)

David Corliss, Legal Services Director, and Beth Visocksy, Court Administrator, presented the 1999 Municipal Court Report.                                                                      (17)

Mike Wildgen, City Manager, informed the City Commission the Federal Transit Administration ordered the City to re-bid the bus purchases for the Transit Program or forgo Federal Funding.  He requested the City Commission take formal action to rescind the bus bids and direct staff to re-bid the buses.

Moved by Hodges, seconded by Henry, to rescind the bus bid to Blue Bird Bus Co. and direct staff to re-bid the purchase of buses for the Transit Program.  Motion carried unanimously.                                                                                                        (18)

Mayor Hodges called a public hearing for the tax abatement request from Reuter Organ.

Debi Moore, Lawrence Chamber of Commerce, Economic Development, requested the City Commission approve a fifty percent (50%) tax abatement on an estimated investment of $3,000,000.00 for the construction and equipping of a new production facility for Reuter Organ Co.  The proposed improvements met all the criteria of the City’s policy on tax abatement.

Mark Anderson, representing Reuter Organ Co., reviewed the minutes of the Administrative Review Committee recommending the approval of the tax abatement.  The overall combined cost-benefit ratio to the City, County and U.S.D. 497 was a ratio of 1.89 to 1.  The State of Kansas had a net benefit of $29,683.00.  The company planned to purchase property in Timberridge Industrial Park and build a 68,000 sq. ft. facility to replace its present site which began production of organs in 1918.  There were currently forty-two (42) employees and it was anticipated the expansion of the organ business would create eight (8) to ten (10) new jobs during the first year.      

Rundle asked if Reuter has received any other subsidies in the past.

Anderson said “no.”

Rundle asked if the project would proceed without the tax abatement.

Anderson said if the City Commission decided not to approve the tax abatement, Reuter would need to review its options.  No cost comparisons on relocating to another community have been made at this point.

Rundle asked what the subsidies would be over a ten (10) year period.

Anderson said the cost-benefit analysis showed a subsidy of approximately $296,000.00 current dollars.

Allen Ford, 1723 East 1100 Road, spoke in opposition to the tax abatement.  He presented a report reviewing personal property taxes that showed the local community was being asked to give up $1.55 so the company could receive $1.00 of benefit.  The real winner was the Federal Government because of the increase in taxes.  The tax abatement program was an inefficient way of subsidizing any company and he was in opposition to any tax abatement.  The local community would need to make up those taxes lost.

Anderson reminded the City Commission the overall cost-benefit analysis showed a positive gain to the community.  In addition, the expansion project met the criteria for tax abatement for the City and there were other benefits gained that could not be measured in a purely economic analysis.  Federal dollars were returned to the City.

Moved by Kennedy, seconded by Henry, to close the public hearing.  Motion carried unanimously.

Kennedy spoke in support of the tax abatement giving incentives for the local based company to expand its facility.  He said it was a win/win situation.

Rundle was voting to support the tax abatement because it was a local business.  He thought the City Commission should look at its tax abatement policies in the future.

Dunfield said with the existing policy in place, the City Commission should support this type of business expansion.

Moved by Kennedy, seconded by Henry, to approve a fifty percent (50%) tax abatement for the expansion of the Reuter Organ Company estimated to be $3,000,000.00.  Motion carried unanimously.                                                       (19)

Mayor Hodges called a public hearing on the proposed benefit districts for improvement of 7^th Street from Comet Lane to Monterey Way and Comet Lane south of West 6^th Street.

George Williams, Public Works Director, presented schematic drawings of the benefit districts and tracts included in each district.  The method of assessment was based upon the gross area in the benefit district and assumptions he made about the areas of each tract that was benefited. The Morgan property was included in the benefit district for Comet Lane even though they did not have direct access to Comet Lane at the present time.

Dunfield asked if the Preliminary Development Plan showed access to the Morgan property from Comet Lane.

Linda Finger, Planning Director, said the Preliminary Development Plan did show access to the Morgan property from Comet Lane.       

Rundle asked if staff would require access to the Morgan property from Comet Lane because of the development. 

Finger said assess would be based upon the size and type of the development.  At this time, access may not be required off of Comet Lane.

Steve Snavely, 100 Lawrence Ave., speaking on behalf of the Daugherty’s, opposed the formation of the benefit district for West 7^th Street.  Any cost of acquiring land from the Daugherty’s would be assessed back specifically to that property.  Because the property was long and narrow, the uses for the property would be limited and the cost of the benefits would outweigh any advantages or benefit from the street.  The marketability of the property would be severely damaged.  It would be an extremely large assessment for a relatively small lot.  Snavely said the Daugherty’s did sign the agreement for the PCD and its changes without legal council.

Ernest Haley, 1045 East 945 Road, asked the method of assessment for the benefit district.

Williams said the assessment was based upon the total gross area of the benefit district and his estimated percentages of benefit.

Phil Strubble, Landplan Engineering, said the City Commission required as a condition on a previous portion of this PCD, the construction of 7^th Street and Comet Lane.  He supported the formation of the benefit districts as presented and encouraged the City Commission to proceed with the benefit district.  Strubble said all the property in the area would have a benefit from these improvements.

Dunfield asked if there was any specific development plans for the Morgan property. 

Strubble said at the present time there were none and the proposed concept of apartments was developed through a brain storming session conducted in 1988 or 1989.  It was only a conceptual.

Beverly Morgan, 800 Monterey Way, said they should not be in the benefit district for Comet Lane because they do not have access to that street.  They have access from Monterey Way and have paid special assessments for that improvement.  They do not want to access Comet Lane.  They were willing to sign anything saying they would not take access from Comet Lane. 

     Moved by Kennedy, seconded by Henry, to close the public hearing.  Motion carried unanimously.

Dunfield asked if there was any legal way to recoup funds from the Morgan property if they were excluded from the benefit district and in the future a connection was made. 

David Corliss, Legal Services Director, said the City could not go back retroactively and increase the size of the benefit district or charge a connection fee as they do with water or sewer.  Corliss said the City Commission could put property that did not directly connect with the improvements in the benefit district.  The City would need to show the benefit of that particular tract and why they excluded others from the district.  

Moved by Hodges, seconded by Henry, to delete the Morgan property from the Comet Lane benefit district.  Motion carried unanimously.                                             (20)

The City Commission concurred to direct staff to not plan any access to the Morgan property from Comet Lane.

Dunfield asked about the acquisition of right-of-way being assigned back to a specific parcel and not the entire benefit district.

Mike Wildgen, City Manager, said that was the typical procedure.  It was allowed by State Statute and it was assumed those people dedicating or giving right-of-way should not be penalized monetarily by their donation or dedication.

Moved by Hodges, seconded by Dunfield, to direct staff to prepare the necessary Resolutions on the formation of a benefit district for the improvement of Comet Lane, south of West 6^th Street as presented by staff with the exclusion of the Morgan property from the benefit district.  Motion carried unanimously.

Moved by Hodges, seconded by Dunfield, to direct staff to prepare the necessary Resolutions for the formation of a benefit district for the improvement of 7th Street from Comet Lane to Monterey Way.  Motion carried unanimously. 

Margene Swarts, Community Development Manager, presented the staff report on the substantial amendment to the Investment Summary of the City’s Consolidated Plan on the Community Drop-In Center Office Spacer Renovation located at 214 West 10^th Street in the amount of $35,000.00.  The Community Drop-In Center submitted a request for CDBG Contingency Funds for the renovation of their new proposed office space at 214 West 10^th Street.  The HAND Advisory Committee met on Thursday, January 20, 2000, to consider the request.  Staff recommended not to fund the request because of various questions in complying with HUD and City Policies.  The HAND Advisory Committee recommended to the City Commission at that time, approval of the request.  At a later meeting the HAND Advisory Committee reversed their decision and recommended not funding the request.  As part of the Citizen Participation Process, a display ad regarding the request was required to be published and a provision for a public comment period.  The ad was published on February 5, 2000, and began the required thirty (30) day comment period.  If the City Commission approved this request, staff would wait for the comment period to end and then proceed with the project.  One of staff’s concerns was the request by the Drop-In-Center of $42,000.00 to operate the center next year.  This request, if funded, would use a significant amount of funds that are restricted for public service funds.  There was a fifteen percent (15%) cap on public service allocations and this would mean a total funding of approximately $110,000.00 to $120,000.00.  If the operating cost for the Drop-In-Center was fully funded, it would require cuts to other eligible CDBG Public Service Programs funded in the past.

Shannon Tansdur, 3901 West 8^th, representing the Drop-In-Center, requested the City Commission fund the renovation cost.  No other funds were available for Capital Improvements from any other foundation or agency.  These infrastructure improvements were important in order for the Drop-In-Center to provide the necessary services.  The proposed use of CDBG funds for the project did fit in to the overall objective of meeting the needs of low to moderate income people.  The Drop-In-Center had to rent property because they did not have the resources available to purchase property in the near future.  No other public agency was providing the services the Drop-In-Center was providing to the homeless.  She suggested the homeless should receive a high priority in use of these funds.

Jean Grant, representing the Drop-In-Center, said the Board of the Drop-In-Center was actively seeking other sources of support.  They were successful in obtaining a full time volunteer to assist in the fund raising program.  The Drop-In-Center needed the City’s help in the short term to get started.  In addition, they were attempting to do various things to reduce operating cost and the need for CDBG funds in that area.

Edith Williams, 506 Colorado, supported the funding of the Drop-In-Center renovation cost.

Deb Engstrom, 1432 West 19^th Terrace, Community Center Drop-In-Member, said they have a lot of dedicated people who have been working on this project and want to make it work.  At this time, they needed the support of the City.

Rundle asked the time frame in which they needed to be out of their current facility.

Engstrom said there was not a specific date, but the Oread Friends Meeting House has been supportive in finding another location.

Phil Mansfield, 922 Pennsylvania, No. 5, supported the renovation cost for the Community  Drop-In-Center.  He said when you look at the continuum of care for providing housing, a lot was being done on the higher end of the continuum with little being done on the lower.  For example, the City did not have a formal shelter or Drop-In-Center.  He suggested the City should be more active in providing more resources for the lower end of the continuum.  There should be a year round shelter funded by the City and Drop-In-Center providing resources and support to the homeless.

Kelly Nightengale, 2001 Haskell Ave, said it was important for homeless people to have some where to go for assistance in the transition into jobs and homes and have a contact center where information could be exchanged.

Theresa Thompson, former Manager, Drop-In-Center, said the services provided by the Drop-In-Center were important.  She supported the funding of the renovations for their new location.

Paul Bryant, Board Member, Drop-In-Center, said this was a local  operation that needed the City Commissioners support.  This was the best resources and hope for the homeless of Lawrence.

Marilyn  Roy, 226 East 18^th Street, supported the funding the renovation cost for the Drop-In-Center.  It was important to have these types of services for a person with no shelter and no place to go.

Rundle supported funding the rehabilitation project and suggested the possibility of finding ways to reduce the cost by volunteer labor and donated materials.

Dunfield thought the $35,000.00 was a good investment as a startup cost for this program. 

Henry supported funding the renovation cost from emergency funds and encouraged the Drop-In-Center Board to continue seeking other funds.

Hodges expressed a concern about the on-going operation and funding of the Drop-In-Center.  It would be a challenge for the Drop-In-Center to meet their operating costs without substantial funding from CDBG Funds.

Moved by Rundle, seconded by Dunfield, to approve a substantial amendment to the Investment Summary of the City’s 1999 Consolidated Plan to approve funding of the Community Drop-In Center Office Space Renovation located at 214 West 10^th Street in the amount of $35,000.00.  Aye:  Dunfield, Henry, Kennedy and Rundle.  Nay:  Hodges.  Student Representative: Aye.  Motion carried.                                                      (21)

Mayor Hodges asked the City Commission for their recommendations on Highway 59 Improvements.  The City Commission would not take a formal vote on the improvements, but would pass on the comments of the City Commission in a letter to KDOT.

Larry Kipp, 1029 North 1750 Road, said one option for the City Commission was not to choose one of the two options provided by KDOT.  The City Commission could choose not to choose.

Kennedy expressed a concern about what would happen to traffic once it arrived in Lawrence.  Other than that, he had no preference on a route.

Henry supported a freeway concept that would make travel more efficient and safe from Ottawa to Lawrence.  He supported the Eastern Freeway Alignment and wanted KDOT to include plans for what happens to the traffic once it arrives in Lawrence. 

Rundle said the first priority for him was for the State to repair Highway 59 to make it safe.  He wanted to make sure the east/west traffic movements in Lawrence were addressed.  He chose not to choose either option provided by KDOT.  There may be other options which KDOT did not consider.

Dunfield said Highway 59 was a safety problem twenty (20) years ago.  It would remain unsafe in the future with either of the alternatives presented by KDOT.  If either of the options proposed by KDOT were built, the streets in Lawrence would be less safe.  It was important to address the traffic in Lawrence.  Before proceeding with the freeway to bring in more traffic, he needed to know what would happen to congestion in and around Lawrence.  It was important to improve the safety on current Highway 59 and then discuss future traffic growth in and through Lawrence.  He did not want to choose either option presented by KDOT.

Hodges supported the freeway concept and the eastern alignment.  The City needed to get the traffic off the existing Highway 59.  He expressed a concern about traffic in Lawrence and thought KDOT should address those issues.

Kennedy said Highway 59 cannot be fixed in the existing alignment.  He supported a freeway concept and the eastern alignment.

The City Commission concurred to direct staff to prepare a letter to KDOT stating  three (3) Commissioners favor a freeway concept on the eastern alignment, two (2) Commissioners have no preference on the options presented by KDOT and all the City Commissioners expressed a concern about traffic movement east and west to K-10 and safety concerns about existing Highway 59.        

Stanley Krystztof, Mayor, Baldwin, thanked the City Commission for their openness and willingness to listen to all the parties involved with this project.                (22)

David Corliss, Legal Services Director, presented the staff report on the status of drafting an Ordinance regulating sexually oriented business.  Staff met with Eric Kelly, a planner with the City’s zoning code consultant firm of Duncan Associates.  As a result of that meeting, staff’s recommendation included:

1.        Keep the live entertainment establishment Ordinance which currently was in the City Code, separate from the “Sex Shop” and Adult Book Store/Video Ordinance;

2.        Initiate a Zoning Text Amendment which created categories of sex oriented business uses.  Conditions on the businesses would be determined based upon the amount of sex oriented uses found in each establishment;

3.        Businesses with greater than forty percent (40) of inventory or floor space of sexually oriented materials would be limited to current State Highway right-of-way on Commercially Zoned property with specific distance requirements.  The distances would be determined based upon review and City Commission input;

In addition to the zoning text changes, staff also recommended adopting an Ordinance establishing a license requirement for sex oriented material businesses or businesses with greater than forty percent (40%) of inventory or floor space with sexual material.  Staff also recommended including in the Zoning Ordinance a reasonable amortization period for any non-conforming uses which would be created by the Zoning Ordinance.  State Law allowed for the adoption of a reasonable regulation for the gradual elimination of sexually oriented businesses which constitute non-conforming uses.  Staff was researching the appropriate period of amortization.  There were no court cases concerning the statute or the concept of amortization of zoning non-conforming uses in Kansas

Staff requested the City Commission review closely the study conducted by the City of Kansas City, Missouri, on the land use impact of sexually oriented business.  The City Commission needed to familiarize itself with the findings of the study and other relevant studies to support its findings for the adoption of this type of Ordinance.

            In review of the signage question, staff discovered that the authority to regulate signage was limited to traditional location, size and height considerations.  Absent of any obscene or nudity signage, the City did not have the legal right to order the removal of signage in poor taste.

Hodges asked for the time frame for reviewing the proposed Ordinance.

            Linda Finger, Planning Director, said if the City Commission initiated the Text Amendment change this evening, it would be on the Planning Commission’s agenda on April 26, 2000.  There was a fourteen (14) day period to allow people to protest the proposed language of the amendment.  The earliest it could be on the City Commission’s agenda, would be May 15, 2000.

            Dunfield asked if this type of establishment could be prohibited from neighborhood commercial zones or uses.

            Corliss said staff would research that idea.

            Dunfield suggested the gradual elimination of these businesses be in the shortest time frame possible. 

            The City Commission concurred.

            The City Commission concurred in general, to be as assertive and aggressive in dealing with this type of establishment as possible.

            A student from Cordley Elementary School said Naughty but Nice should not be where it was located.  She had several friends that must walk by the store everyday.

            A student from Cordley Elementary School said Naughty but Nice should not be there.

            A student from Cordley Elementary opposed the location of Naughty but Nice being so close to their school.

            Joe Casad, Cordley PTA President, supported the proposed zoning changes.

            Kerry Altenberend supported the zoning changes and requested the City Commission move quickly on this matter.

            Alan Zimmerman expressed a concern about the proposed fifty foot (50’) setback from residential structures.  He read from an Ordinance in Steamboat Springs, Colorado, locating this type of business in Industrial Zones with site restrictions of 2600 feet from schools, churches and residential property.  He expressed a concern about placing these establishments on highways which could create a bad impression on the community.    He suggested looking at industrial zones.

Moved by Hodges, seconded by Dunfield, to direct staff to initiate a text amendment to the Planning Commission on an aggressive Ordinances regulating sexually oriented business including the prohibition in neighborhood commercial uses.  Motion carried unanimously.                                                                                         (23)

George Paley, an investor of the 22^nd Street and Kasold PCD, asked the City Commission to include the deceleration lane for southbound traffic on Kasold in the report on the benefit district with other improvement for the intersection.

The City Commission concurred to direct staff to look at the deceleration lane as part of the total improvements for the intersection to be financed by a proposed benefit district.  The City Commission concurred that the deceleration lane would remain a condition of the PCD and needed to built as part of the development.                             (24)

Moved by Kennedy, seconded by Henry, to adjourn at 10:08 p.m.  Motion carried unanimously.

           

APPROVED:

_____________________________Ervin E. Hodges, Mayor

ATTEST:

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING FEBRUARY 8, 2000

1.                  Ordinance No. 7192 – 2^nd Reading, “no parking” W side of Brentwood Dr. from Arrowhead Dr. to Winston Dr, along W side of Crestline from Peterson to Stowe; and, S side of Stowe from Dana Dr. to Alister Dr.

2.                  Ordinance No. 7193 – 2^nd  Reading, delete amendment to NEC 7011(d), Section 5-402, emergency power requirements.

3.                  Ordinance No. 7194 – 2^nd Reading, establish Housing Trust Fund.

4.                  Resolution No. 6152 - improvements to Crossgate from Clinton  Pkwy to 24^th St.

5.                  Resolution No. 6153 - benefit district, Crossgate from Clinton  Pkwy to 24^th St.

6.                  Resolution No. 6156 - improvements to Parkside Rd.

7.                  Resolution No. 6154 – public hearing, unsafe structure at 315 Maple St.

8.                  Resolution No. 6155 – public hearing, unsafe structure at 331 Maple St.

9.                  Final Plat – Kincaid Addition, 1-lot, .33 acres, located E corner of Kasold & N of Clinton Pkwy.

10.              Final Plat – Fall Creek Farms No. 2, 18 lot, 20.809 acres, located S of Peterson & E of Fall Creek Rd.

11.              TSC – install guardrail along S side of 24^th/Naismith Dr Curvre.

12.              TSC – alley between 9^th, 10^th, Kentucky, Tenn from 1 way to 2 way traffic.

13.              TSC – prohibit N bound left turns on Naismith at Crestline Rd.

14.              TSC – Bicycle Compatibility Index Study for bicycle lanes on 19^th between Mass & E City limits.

15.              TSC – install bicycle lanes on Connecticut.

16.              Quit Claim Deed – Reuter Organ, 612 New Hamp.

17.              1999 Municipal Court Report.

18.              Tax Abatement – Reuter Organ

19.              Bus Purchase – rescind, Blue Bird Bus Co., Re-bid.

20.              Special Assessment – 7^th Street from Comet Ln. to Monterey Way & Comet Ln S of W 6^th. 

21.              Amendment – City’s Consolidated Plan, Community Drop-On Ctr Office Spacer Renovation.

22.              U.S. 59 Corridor.

23.              Amendment – zoning text for Sexually Oriented Businesses.

24.              Benefit District – to include a deceleration lane for S bound traffic on Kasold.