May 2, 2000

 

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 Henry presiding and members Dunfield, Hodges, Kennedy and Rundle present.   

Mayor Henry recognized the staff of Oliver Hall for their excellent participation in the Residence Hall Fire Safety Program.

With Commission approval Mayor Henry proclaimed the week of May 8 – 14, 2000, as “Lawrence Civic Choir Silver Anniversary Week”; the month of May, 2000, as “Foster Care Month”; the week of May 7 – 14, 2000, as “National Music Week in Lawrence”; the week of May 7 – 14, 2000, as “Drinking Water Week”; Monday, May 15, 2000, to be “National Peace Officers Day”; the week of May 14 – 20, 2000, as “National Peace Officers Memorial Week; the week of May 7 – 13, 2000, as “Be Kind to Animals Week”; and, Saturday, May 6, 2000, as “Multiple Sclerosis Day.”

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve the City Commission meeting minutes of April 25, 2000 as amended.  Motion carried unanimously. 

            As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive the Historic Resources Commission meeting minutes of March 16, 2000. Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve claims in the amount of $1,299,694.77.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, approve the Drinking Establishment Licenses for LouZeana’s Bayou Grill, 3300 West 15^th; Jersey’s Sports Bar, 1105 Massachusetts; Barbwire’s Steakhouse & Saloon, 2412 Iowa (Contingent Upon State License); Chipotle Mexican Grill, 911Massachusetts; Bambino’s Italian Café, 1801 Massachusetts; Coyote’s, 1003 East 23^rd Street; Replay Lounge, 946 Massachusetts (Contingent Upon State License); the Retail Liquor Licenses for Patterson Liquor, 846 Illinois, Suite F; and, Harper Corner Liquor Store, 2220 Harper, Suite C (Contingent Upon State License).  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the recommendation of the Mayor and appoint Scott Henderson to the Traffic Safety Commission; Rod Bremby, David R. Downing and Bob Newton to the Aviation Advisory Board; Ernie Dyer and Hollie Krebs to the Public Transit Advisory Committee; Mike Mihalchik to the Plumbing Board; and, Jane Bateman and Ron Durflinger to the Lawrence-Douglas County Metropolitan Planning Commission. Motion carried unanimously.

The City Commission reviewed the bids for Michigan Street, 7^th to 9^th Street, storm sewer and waterline improvements for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to Meadows Construction Co., Inc. in the amount of $567,442.85.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to set a bid date of May 16, 2000, 2:00 p.m., for 6^th Street, along High Pointe Apartments, storm sewer improvements.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to authorize the City Manager to enter into a contract with Razorback Construction for the Sanitary Sewer Pump Station Abandonment Project.  Motion carried unanimously.                                                                                                                     (1)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to place on first reading Ordinance No. 7216, allowing consumption, possession, and sale of alcoholic liquor in Broken Arrow Park, May 12 - 13, 2000.  Motion carried unanimously.                                                                                                 (2)

Ordinance No. 7212, establishing “no parking” along the west side of Arrowhead Drive between Peterson Road and Brentwood Drive; along the north side of 10^th Circle between Monterey Way and Alma Drive; and, along the west side of Alma Drive between 10^th Circle and 10^th Place was read a second time.

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

Ordinance No. 7213, changing the street name of Trent Circle to Trent Court in Freedom Creek Addition was read a second time.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                         (4)

Ordinance No. 7214, allowing parking on the west side of Vermont Street from 10^th Street north sixty-eight feet (68’) was read a second time.

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                         (5)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-6-7-99) amending the original conditions of approval related to Stepping Stones provision of after school care at Quail Run Elementary subject to the following conditions:

1.                  A Site Plan Performance Agreement be executed;

2.                  Provision of permits and letters indicating the following:

a.         A copy of all necessary Local and State Health Department Permits;  

b.                  Capacity of the program shall be limited to not more than 64 students;

c.                  That the program hours of operation shall conclude by 6:00 p.m.;

d.                  Any change in the provider, capacity, hours of operation may be administratively approved.  Change in the program to include before school daycare would require approval by the City Commission; and,

3.         Approval by the City Fire Department prior to the operation and written confirmation of such approval. 

Motion carried unanimously.                                                                                              (6)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-04-03-00) for Stepping Stones to provide Summer Child Care Program at Quail Run Elementary subject to the following conditions:

1.                  The program be limited to a maximum of sixty (60) students who attend and were enrolled at Quail Run Elementary – either during the regular school year or during the summer session;

2.                  The program hours of operation shall conclude by 6:00 p.m.; and,

3.                  A copy of all necessary Local and State Health Department Permits related to this expanded program be provided to the Planning Office.

Motion carried unanimously.                                                                                              (7)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to approve temporary directional signage in University Place Neighborhood conditioned upon no signs being placed in the public right-of-way, only on private property with owner’s permission.  Motion carried unanimously.                                     (8)

As part of the consent agenda, it was moved by Rundle, seconded by Kennedy, to receive the Administrative Review Committee meeting minutes and establish May 16, 2000, as the public hearing date on a tax abatement request from American Eagle Outfitters.  Motion carried unanimously.                                                (9)

As part of the consent agenda, it was moved to approve the endorsement of the Lawrence Arts Center application for Kansas Community Service Program Act Income Tax Credit.  Motion carried unanimously.                                                                    (10)

Mike Wildgen, City Manager, presented the 1999 Tax Abatement Report.  Wildgen noted there were two (2) companies that have not met employment expectations at this time.  They were E&E Specialties and Kantronics.

Dunfield asked if it would be possible to do a current cost benefit analysis for those two (2) companies to review the economic impact on the community.

Moved by Henry, seconded by Dunfield, to direct staff to order a cost benefit analysis, if possible, to compare the impact of existing employment levels with those identified during the original abatement process.  Motion carried unanimously.         (11)

Mayor Henry called a public hearing for a proposed benefit district for the construction of southbound turn lane at 22^nd and Kasold and a north bound left turn lane at Kasold and August.

George Williams, Public Works Director, presented schematic drawings of the proposed benefit district.  The proposed benefit district included property on the east and west side of Kasold with no City-at-large participation. 

Bill Dempsey, a property owner in the benefit district, presented a petition of eighty-five residents opposing the proposed benefit district.  The proposed improvements did not benefit the neighborhood.  All the people traveling on Kasold would receive the benefit from the turn lanes.  The residents on the east side of the benefit district had another point of ingress and egress.  Dempsey expressed a concern about the limited benefit of a left turn lane onto Augusta.

David Holroyd, representing a property owner in the benefit district, said the square footage basis of assessment was unfair.  The cost of the assessment should be based on how the land was used.  For example, apartments should pay more than single-family residents that had green space.   Holroyd suggested removing the existing traffic signal from West 22^nd Terrace to West 22^nd Street which would eliminate a lot of the problems in the area.  He also recommended placing a traffic signal at Clinton Parkway and Atchinson.

James Anderson, 3308 West 22^nd Street, said the benefit of these improvements was to the City-at-large.  A small group of landowners in the area should not have to pay for these improvements.

Charles Walther said there should be an equitable distribution of cost for these projects. He requested if this improvement district was formed, the City should pickup half (1/2) the cost of the project as they did for the other benefit district.

A person living on Jenny Wren, opposed the method of assessment for the project.  These improvements would benefit the City-at-large.  Everyone should pay for these improvements.  

Mike Wright, 3213 West 21^st Street, said the benefit of these improvements would be for the people who travel Kasold.  He suggested assessing the property based upon the number of units on a parcel or the number of cars generated by a particular parcel.  If a benefit district was formed, the benefit should be larger on the east because of all the number of people effected.  Wright did not have a problem getting into the area, his problem was getting out of the area which these improvements did not address.

Jim Hanacki, 2012 Jenny Wren, said the assessment was not fair.  The increase in traffic in the area was caused by people traveling on Kasold to the commercial areas.  He recommended the City-at-large pay for all of these improvements.

Alan Black, 2011 Jenny Wren, said 22^nd Street and Kasold was a dangerous intersection.  He expressed a concern about the cost of the project being too high.   The left-turn lane onto Augusta Drive was not needed.  Allocating the cost of square footage basis was not a fair way.  The apartment complex generated a lot more traffic than individual residents.

Karen Beckley, representing Pepper Tree Apartments, spoke in opposition to the benefit district.  A lot of the tenants in her apartments take the bus to and from the University.  She suggested moving the traffic light to that intersection.  The only benefit to the people in the area would be for the commercial properties.

Kurran Douglass, 2015 Heatherwood, said the City-at-large should pay for the improvements.

Rick Gleason spoke in opposition to the benefit district.  If traffic increased in the area, it would be a result of the additional commercial activities being planned.

Sharon Williams, 3122 West 19^th, spoke in opposition to the benefit district.  The City-at-large would benefit from this project.  The developer would also benefit financially from these improvements.  Williams asked about a meeting the developer was suppose to have with the neighborhood and noted she never participated in such a meeting.

Shirley Wilcox, 3406 Augusta, said it was difficult getting out onto Kasold.  It was a difficult situation in the area and something needed to be done.   

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

Mike Wildgen, City Manager, said there were generally three (3) methods of assessments.  They were square footage as proposed in these benefit districts, front footage and the appraisal method.  The benefit goes to the property and not the use as it was defined at any one point in time.  Uses could change, but the assessment was to the property.

Rundle did not see the need for a left-turn lane onto Augusta for northbound traffic.  He asked if it was possible to move the traffic signal.

Wildgen said certain traffic patterns had developed in the area as a result of that traffic signal.  He would question the advisability of moving that signal.

Henry asked if the benefit districts could be separate entities into themselves and if both of them had to be passed.

Wildgen said you could do one, both, or none.

Kennedy recommended doing both benefit districts with the City sharing 50/50 in the cost.

Dunfield questioned the left-turn lane onto Augusta.  He saw the danger for people going down the hill as different than those north bound going up the hill.  If the benefit district was formed, he suggested the City participating at fifty percent (50%)  

Hodges said there were problems in the area and he suggested fixing the entire problem.  At some point, left turn lanes at Augusta would be needed.  He supported the City participating in the benefit district by fifty percent (50%).

Rundle asked if the left turn lane onto Augusta was a critical issue.

George Williams, Public Works Director, said there were other more critical intersections. 

Mike Wildgen, City Manager, requested the City Commission include at one hundred percent (100%) City cost, a sidewalk on the West side of Kasold to Augusta.

Moved by Kennedy, seconded by Hodges, to direct staff to prepare the appropriate Resolutions, forming a benefit district for construction of a southbound left-turn lane at 22^nd and Kasold and a northbound left-turn lane at Kasold and Augusta with the benefit district paying fifty percent (50%) of the cost and the City-at-large paying fifty percent (50%) of the cost and a sidewalk on the west side of Kasold at one-hundred percent (100%) City participation.  Aye: Henry, Hodges and Kennedy.  Nay:  Dunfield and Rundle.  Motion carried.                                                                                                                     

Mayor Henry called a public hearing for a southbound right-turn lane on Kasold and 22^nd; a northbound left-turn lane on Kasold at 22^nd; and, the construction of an eastbound right-turn lane on 22^nd and Kasold.

George Williams, Public Works Director, presented a schematic drawing of the proposed benefit district.   The proposed benefit district would consist of lots one (1), three (3), five (5) and six (6) of Parkway Plaza No. 4 which would pay fifty percent (50%) of the benefit district cost and the City-at-large paying fifty percent (50%)

Upon receiving no public comment, it was moved by Kennedy, seconded by Hodges, to close the public hearing.  Motion carried unanimously.

Dunfield said the benefit district went beyond the original scope of what the City Commission initially proposed.  The proposed turn lanes could cause additional problems with the public using Kasold.

Moved by Kennedy, seconded by Hodges, to direct staff to prepare the appropriate resolutions for a southbound right-turn lane on Kasold/22^nd; a northbound left-turn lane on Kasold and 22^nd; and, the construction of an eastbound right-turn lane on 22^nd and Kasold with the City participating at fifty percent (50%) of the construction cost and one-hundred percent (100%) for a sidewalk along the west side of Kasold.  Aye:  Henry, Hodges and Kennedy.  Nay:  Dunfield and Rundle.  Motion carried.                 (12)

Mike Wildgen, City Manager, presented Ordinance No. 7217, establishing the Lawrence Advisory Board on University Student Issues.

Michael Henry, Community Affairs Director, University of Kansas, supported the Ordinance and thanked the City Commission for their action.

Moved by Hodges, seconded by Kennedy, to place on first reading, Ordinance No. 7217, establishing the Lawrence Advisory Board on University Student Issues.  Motion carried unanimously.                                                                                            (13)

A representative from API Foils, formerly Astor Universal, presented a requested to transfer the tax abatement approved by the City Commission for Astor International to API Foils.  API Foils had a strong commitment to the community by purchasing the ground from Douglas County Development Inc.  They were here for the long-term.  API Foils were conservative in their initial estimates by identifying fifty-nine (59) employees employed at the facility.  At the present time, API Foils employed sixty-seven (67) people.  They were requesting to extend the abatement for the full term because it was a deciding factor in their location in Lawrence.

Rundle suggested sending the request to the ARC to verify the information and make a recommendation.

Hodges suggested the statements made by the company should be articulated in a letter requesting continuation of the abatement.

Moved by Henry, seconded by Kennedy, to refer the request of API Foils for transferring the tax abatement from Astor International to API Foils to the Administrative Review Committee for a recommendation.  Motion carried unanimously.                      (14)

Dunfield request that when the benefit districts on 22^nd and Kasold were returned to the City Commission for action, that schematic drawings of the proposed improvements be included with the presentation.

Moved by Kennedy, seconded by Rundle            , to adjourn at 8:23 p.m.  Motion carried unanimously.                                                          

APPROVED:

 

_____________________________James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING MAY 2, 2000

1.                  Contract – Razorback Construction for Sanitary Sewer Pump Station Abandonment Project.

2.                  Ordinance No. 7216 – 1^st Reading, Alcohol allowed at Broken Arrow Park on May 12^th & 13^th, 2000.

3.                  Ordinance No. 7212 – 2^nd Reading, “no parking “ W side of Arrowhead between Peterson & Brentwood, along N side of 10^th Circle between Monterey Way & Alma & W side of Alma between 10^th Cir & 10^th Pl.

4.                  Ordinance No. 7213 – 2^nd Reading, street name change, Trent Cir to Trent Ct.

5.                  Ordinance No. 7214 – 2^nd Reading, allow parking on W side of Vermont from 10^th N 68’.

6.                  UPR-6-7-99 – Stepping Stones amendment to conditions.

7.                  UPR-04-03-00 – Stepping Stones provide Summer Child Care Program at Quail Run Elementary.

8.                  Direction Signage – University Place Neighborhood.

9.                  Administrative Review Committee – American Eagle Outfitters, public hearing, May 16, 2000.

10.              Lawrence Arts Center – Application for KS Community Svc Prgram Act.

11.              1999 Tax Abatement Report.

12.              Benefit District – near 22^nd & Kasold.

13.              Ordinance No. 7217 – 1^st Reading, Establish Lawrence Advisory Board on University Student Issues.

14.              Tax Abatement – API Foils formerly Astor Universal ownership change.