May 16, 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 Henry presiding and members Dunfield, Hodges, Kennedy and Rundle present.   

With Commission approval Mayor Henry proclaimed the week of May 17, 2000, as “National Employee Health and Fitness Day”; the month of May, 2000, as “Mental Health Month”; and, the week of May 14 – 20, 2000, as “National Nursing Home Week.” 

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the City Commission meeting minutes of May, 2^nd and 9^th, 2000.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to receive the Traffic Safety Commission meeting minutes of May 1, 2000; the Sister Cities Advisory Board meeting minutes of April 12, 2000; and, the Board of Zoning Appeals/Sign Code Board of Appeals meeting minutes of April 6, 2000.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve claims in the amount of $656,548.60.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the Drinking Establishment Licenses for Sports Page Brewery, 3512 Clinton Parkway (Contingent Upon State License; Milton’s Coffee & Wine, 920 Massachusetts (Contingent Upon State License); and, the Retail Liquor License for Dangermond Retail Liquor , 932 North 2^nd, Suite A.  Motion carried unanimously.

The City Commission reviewed the bids for 8^th Street, Connecticut to New York Storm Sewer Improvements for the Public Works Department.  The bids were:

 

 

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to waive the engineer’s estimate and award the bid to Larkin Excavating, Inc., in the amount of $125,417.71.  Motion carried unanimously.

The City Commission reviewed the bids for Iowa Street, North of 31^st Street to South of 19^th Street, KLINK Resurfacing for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to waive the engineer’s estimate and award the bid toLRM Industries in the amount of $421,632.02.  Motion carried unanimously.

The City Commission reviewed the bids for the GPS Base Station and one (1) Rover Unit for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to award the bid to Accutech Instruments in the amount of $41,482.30 because Griner & Schmitz, Inc., did not meet specifications.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the purchase of restroom fixtures for the South Park Project from Super Secur, in the amount of $26,700.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to set a bid date of May, 20, 2000, 2:00 p.m., for the 15^th and Engel Median Improvements and 15^th and Iowa (east) Island Improvement Projects for the Public Works Department.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to set a bid date of June 27, 2000, 2:00 p.m., for the Wastewater Treatment Plant Expansion Project.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to set a bid date of June 22, 2000, 2:00 p.m., for a 2,000 GPM Pumping Apparatus for Lawrence Douglas County Fire/Medical Department.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to place on first reading Ordinance No. 7220, allowing possession and consumption of alcohol liquor in the terminal area of the Lawrence Municipal Airport on July 19, 2000, between the hours of 5:00 p.m. and 8:30 p.m., for the Lawrence Chamber of Commerce Business Mixer.  Motion carried unanimously.                                  (1)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to adopt Resolution No. 6187, authorizing the issuance of bonds in the amount of $250,000.00 for the resurfacing of Iowa Street, 19^th Street to 31^st Street.  Motion carried unanimously.                                                                                                         (2)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to adopt Resolution No. 6188, requesting the Douglas County Commission to make certain findings approving the annexation of City owned property on the west side of Folks Road.  Motion carried unanimously.                                                          (3)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the site plan (SP-4-25-00) for expansion of the Kansas Zen Center, located at 1423 New York, subject to the following conditions:

1.                  A Site Plan Performance Agreement be executed; (Per Section 20-1433);

2.                  Revise the face of the Site Plan to include the following information:

a.                  A note describing the approved variances and the date of approval;            

b.                  Dimensions of the total length and width of the lot;

c.                  The correct legal description;

d.                  Topography at no greater than every two feet (2’);

e.                  Sanitary sewer, water, and overhead wire lines;

f.                    Gross floor area and number of stories of all structures;

g.                  Height and material of fences;

h.                  Label the number of proposed plants and their size;

i.                     A note stating the Site Plan conforms to the requirements of the Americans with Disabilities Act; and,

j.                     Required street trees every 40 liner feet of  street frontage.

3.                  Provision of an Agreement Not-to-Protest a Benefit District for sidewalk improvements on New York Street; and,

4.                  Report impervious surfaces in square feet on the face of the Site Plan in the required format.  Label the path and courtyard surface types and include them in the totals.

Motion carried unanimously.                                                                                              (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-3-6-2000) of approximately 5.5 acres from RS-1 (Single-Family Residence District) to RO-2 (Residence-Office District), property commonly known as the former India School property; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                          (5)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Traffic Safety Commission’s recommendation to establish an adult crossing guard at the school crossing at 5^th and Maine and refer to the City Commission budget deliberations.  Motion carried unanimously.                                      (6)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to concur with the Traffic Safety Commission’s recommendation to deny the request to reduce the speed limit on Kasold Drive between 15^th Street and Clinton Parkway.  Motion carried unanimously.                                                                            (7)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to authorize the Mayor to sign a Release of Mortgage for Elmer Eubanks, 828 Mississippi Street.  Motion carried unanimously.                                                          (8)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to sign a Subordination Agreement for Antonio Shepherd, 1704 Tennessee.  Motion carried unanimously.                                                                                             (9)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the request for a sign of community interest for the Arts Center location, 200 West 9^th Street.  Motion carried unanimously.                                           (10)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to approve the receipt of donated land of approximately 13.3 acres from Hallmark Cards, Inc., located at the northwest corner of Peterson Road and North Iowa and authorize the City Manager to execute donation acknowledgment.  Motion carried unanimously.                                                                                                                                 (11)

Mike Wildgen, City Manager, presented the recommended recipients to the Neighborhood Grant Program.  They were Southern Parkway Townhouse Association for playground equipment, Pinckney Neighborhood for additional historic signs on the right-of-way, Oread Neighborhood and Old Lawrence Neighborhood Association to install new street signs that included the historic name of number streets, and University Place Neighborhood Association to design and install historical sign on the western edge of Veterans Park.

Representatives from the Old West Lawrence and Oread Neighborhood Associations presented the signs that would be installed on streets which included the historic name of the numbered streets.

Moved by Rundle, seconded by Dunfield, to concur with staff’s recommendation and approve five (5) Neighborhood Grant Awards.  Motion carried unanimously.                                                                                                                     (12)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to authorize the Spring Found Property and Evidence Sale on June 3, 2000.  Motion carried unanimously.                                                                                            (13)

As part of the consent agenda, it was moved by Kennedy, seconded by Rundle, to authorize the City Manager to execute Local Government Sponsorship of Research Grant for Title V Federal Funds with Koch Crime Institute.  Motion carried unanimously.                                                                                                                     (14)

Ron Schneider, Attorney, representing Free State Memorial Trust, presented the proposed agreement for the relocation of the structure at 909 Pennsylvania to the Hobbs Park site.   He recommended execution of the agreement so the project could move forward.

Moved by Henry, seconded by Hodges, to approve the agreement with Hobbs Park Memorial Committee for the relocation of the structure at 909 Pennsylvania to Hobbs Park and authorize the Mayor to sign the agreement.  Motion carried unanimously.                                                                                                                     (15)

Sheila Stogsdill, Assistant Planning Director, presented the Site Plan for the relocation of the Murphy/Bromelsick House from the 900 Block of Pennsylvania to the northwest corner of Hobbs Park, located at 10^th and Delaware Streets. 

Dunfield said the only questioned appeared to be the perpendicular parking along east 10^th Street.

Mark Kaplin, representing the Hobbs Park Memorial Fund, said they proposed the construction of a smaller strip parking lot along the south side of east 10^th Street similar to the recently built lot on the former right-of-way vacated to Allen Press.  This design, while not including as much parking, would preserver additional green-space overall and particularly in the proximity of the monument itself.

Stogsdill said providing perpendicular parking on the public right-of-way was not the ideal situation; staff supported the perpendicular parking in this particular circumstance because of the unique situation.

Kaplin requested the City do the earthwork, landscaping, utility hook-ups, lighting and security fencing for the memorial.  This would allow the savings of approximately $25,000.00 to $30,000.00 while costing the City far less.

Moved by Henry, seconded by Hodges, to approve the Site Plan (SP-9-68-99) for the relocation of a portion of Hobbs Parks ramp on the Barb Wire Building, located at 8 East 6^th, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement;

2.                  Revision of the Site Plan to provide necessary detail related to the approved parking option which included perpendicular parking on East 10^th Street;

3.                  Provision of a note on the plan which indicates the additional Site Plan review and approval will be necessary prior to interior renovations that expand the uses of the monument to include activities such ad museum or meeting room uses; and,

4.                  Submission of a photometric plan for review and approval (if exterior light fixtures are to be installed). 

Motion carried unanimously.                                                                                           

Moved by Henry, seconded by Hodges, to direct staff to appropriate up to $30,000.00 for earthwork, landscaping, utility hook-ups, lighting and security fencing at the site of the Murphy/Bromelsick House at Hobbs Park with these being cash or in-kind  services.  Motion carried unanimously.                                                                           (16)

Sheila Stogsdill, Assistant Planning Director, presented the Revised Preliminary Development Plan for Wakarusa Center PCD, located west of Wakarusa Drive, north of Clinton Parkway.

Moved by Kennedy, seconded by Hodges, to concur with the Planning Commission’s recommendation to approve the Revised Preliminary Development Plan for Wakarusa Center PCD, located west of Wakarusa Drive, north of Clinton Parkway, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement;

2.                  Execution of an Agreement Not-to-Protest a Benefit District for improvements at Wakarusa Intersection;

3.                  Approval of the Preliminary Development Plan;

4.                  Submission and approval of a photometric plan prior to issuance of a building permit;

5.                  Provision of a revised plan that notes that the sidewalks along Wakarusa and Wakarusa Court shall be “reconstructed”, Per Public Works comments; and;

6.                  Provision of a revised plan to clarify the existing utility easement along Wakarusa Drive as either an exclusive easement with deed book and page reference, or as a general public utility easement.          

Motion carried unanimously.                                                                                            (17) 

Mayor Hodges called a public hearing on the request for a tax abatement from American Eagle Outfitters.

Mark Anderson, representing the applicant, American Eagle Stores, requested an eighty percent (80%) tax abatement for ten (10) years for American Eagle Stores to finance the cost of construction and equipping of a warehouse facility in the amount of $45,000,000.00.

Debi Moore, Economic Development Director, Lawrence Chamber of Commerce, read a letter from the Lieutenant Governor, Gary Sherrer, supporting American Eagle.  The letter stated they were an excellent company and would be an asset to Kansas.

Ray Barmby, former Mayor, Olathe spoke in support of the tax abatement for American Eagle Outfitters.

Anderson said on April 26, 2000, the Administrative Review Committee recommended approval of the eighty percent (80%) tax abatement with three (3) conditions.  These conditions were proposed by American Eagle and recommended to the City Commission as part of the motion by the ARC.  These conditions included American Eagle paying Douglas County and/or the City of Lawrence $200,000.00 for road improvements once the application for tax abatement was approved by the Board of Tax Appeals; American Eagle would route all truck traffic and as a condition of employment, require all employees to use Road 1057 and the overpass; and, American Eagle would give to charity any landlord revenues from farming the eastern portion of the project. 

Anderson said the request met the conditions of the tax abatement policy and requested the City Commission concur with the Administrative Review Committee and approve the tax abatement request.

Stephen Robinson, 1310 Wagon Wheel Road, disputed that American Eagle Outfitters was an excellent company based upon the recent stock prices.  He expressed a concern about a person coming from Johnson County to plan Douglas County because of the problems in their County.  Robinson suggested the City Commission table this request because an appeal was before the Board of Zoning Appeals on the rezoning.  This company was an old economy based company and the City should look at companies that provide a bigger bang for the dollar.  The City should  review the tax abatement policy and provide incentives for good companies.

Gerry Hammond, 2832 Maine Court, Douglas County Property Owner’s Association, spoke against the abatement.  Two (2) companies were already defaulting on their promises for tax abatements and something should be done.  American Eagle was not immune to the economy and what if layoffs would occur.  Hammond asked how the City could be building a tax base when approving tax abatements.  He questioned giving the City and County giving $90,000.00 to Douglas County Development Inc.

Debi Moore, Economic Development Director, said the project met the requirements of the City’s policy and requested approving an eighty percent (80%) tax abatement.  The cost-benefit analysis did not consider the intangible benefits provided by new companies locating in Douglas County.  Since January, over four hundred (400) jobs were lost in the Douglas County economy and approving the tax abatement for American Eagle would replace some of those jobs. 

A person spoke against the tax abatement saying there were many sound arguments against the abatement and few supportive arguments.

Thomas Genereaux, 827 Michigan, said the City never receives any benefits until well after the ten (10) year abatement was up.  The proposed abatement was not good fiscal policy.  These were poor quality jobs and incentives should be given for only high-end jobs.

Dwane Peaslee, 930 East 28^th Street, supported the tax abatement.  Lawrence had changed over the years and for the most part , that change was good.  The City had lost jobs since the first of the year and the Job Service Center said there were over five hundred (500) applicants for the Hy-Vee Store that was opening later this summer.  Jobs were needed in this community and to get jobs, required the use of approval of tax abatements.

Carol Henderson, 3026 Riverview Road, expressed a concern about what these jobs would do to other existing service and charitable jobs in the community.   These jobs would cause potential damage to those service sector employers.  To help other small business in Lawrence, the City Commission should reject this tax abatement request.

Fred Sack, 920 Ohio, said the City Commission was providing a tax abatement for a shell of a building.  In ten (10) years, the equipment would depreciate and any taxes on that property would go away.  He spoke in opposition to the tax abatement.

Michael Almon, 1311 Prairie Avenue, spoke in opposition to the tax abatement and said the numbers presented were dubious.  It appeared without any significant numbers, there were only intangible benefits to this project, which also make for a sorry case.  There were real problems with the project including traffic on 15^th Street, 23^rd Street, the K-10 Interchange and the City was loosing prime farmland.  This abatement would result in an unfair tax burden to the rest of the community.  The cost-benefit formula was outdated and needed to be revamped.

Shelly Barnhill, 1930 Countryside Lane, spoke against the tax abatement.  The City needed to change its Economic Development efforts to focus on good jobs.  She wanted the City to use tax abatements to attract jobs that would keep the City’s best asset, which were the City’s children.  The amount of tax abatement was too much to give for the quality of life we experience in Lawrence and these poor paying jobs.

Carey Maynard-Moody, 1645 Barker, encouraged the City Commission not approve the tax abatement because of the negative impact this overall project had on the community.

Graham Kreicker, l625 St. Andrews, said the City Commission should provide a twenty percent (20%) tax abatement for this project instead of an eighty percent (80%) tax abatement.

Alan Ford said the policy states that when an investment exceeds $30,000,000.00 and the financial and social benefits to the community far outweighs the cost, the City Commission may consider a property tax assumption that exceeds fifty percent (50%).  The benefits in this case do not far outweigh the costs.   He presented and analysis of what he considered to be the true cost of the abatement.  From his analysis, he said the tax subsidy per full-time job was over $34,000.00.  When considering other incentives offered by the State, the subsidy was over $44,000.00 per job.  He compared the City of Lawrence proposed abatement to other abatement in Olathe.  The difference in an eighty percent (80%) and fifty percent (50%) tax abatement for American Eagle would be approximately $154,000.00 which was .1698 percent of their net income last year.  A fifty percent (50%) abatement might be appropriate.

Bayliss Harsh, 779 Locust, said the types of jobs created by American Eagle did not meet the criteria of the policy.  He asked the City Commission not to support the request.

Scott Bailey, 2239 Massachusetts, said the City should use incentives to bring higher paying jobs to the community.  The type of jobs needed by people in the community were not here.  The City should make a concerted effort to attract high-tech jobs.

James Sullivan spoke in opposition to the tax abatement for American Eagle.  Small businesses would be hard hit by American Eagle coming into the community.  American Eagle would take employees from those employers.  He encouraged the City Commission to use incentives to bring in quality jobs.

Chuck Warner, representing Douglas County Development Inc., said the community had to look at the big picture.  Since DCDI formed, over 1,800 jobs and seven (7) business were brought to the community.  This $45,000,000.00 investment would put on the tax rolls approximately $9,000,000.00 per year.  American Eagle was a good employer and it was necessary for the abatement to attract them to Lawrence.  Warner said the City was operating in a free market society and needed to be able to meet the competition from other Cities and Counties.

David Vertacnik, 1403 East 1850 Rd., said this whole process was moving much to fast.  These were not quality jobs offered by American Eagle.  It was poor fiscal policy to expect to break even in thirteen (13) years.  This project would increase traffic and was maybe being used as a reason to connect K-10 to Highway 70.  Vertacnik asked the City Commission to protect this valuable farmland.  He presented various awards showing outstanding production from this ground.

Steve Lopes, 704 Ohio, said even though the cost-benefit analysis showed a positive impact to the school district, the real impact would be minimal.  This money could only go to selected funds and not the general operating fund.  It would have little impact on the education of children in Lawrence.  An eighty percent (80%) tax abatement for American Eagle was unsound fiscal policy.

Hilda Enoch, 1500 El Dorado, said there was a rising gap between have’s and have-nots.  This tax abatement would only increase that gap.  It was not a free market economy when a company receives an eighty percent (80%) abatement from taxes.  The City needed to develop long term alternatives in lessening the gap between those that have it and those that don’t.  She asked the City Commission to deny the tax abatement which would only widen the gap.

William Dann said a lot of work needed to be done by government to address serious problems within the community.  He said the City Commission should visit East Heights Elementary School to get a feeling for the type of problems that were in Lawrence.  Dann recommended letting successful companies like American Eagle Outfitters pay their fair share so they could have a positive impact on problems facing the community.

Laurie Learned, Baldwin City, expressed a concern about problems with the cost-benefit analysis.  One (1) area overestimated by the company was transportation expenses to be paid in Douglas County.  During the ARC Meeting, it was identified that portion of the cost-benefit analysis might have been misrepresented.  She suggested doing another cost-benefit analysis for the project with correct figures.

Doug Dubois, 779 Locust, presented a petition of over four hundred (400) people opposing the proposed tax abatement.  Ninety percent (90%) of the people contacted signed the petition.  Dubois said the tax abatement process should be used to allow the community to attract high-quality jobs.  A mediocre company located on prime farmland was a bad precedent and not good use of tax abatements.

Melinda Henderson said eighty-seven percent (80%) of the people speaking tonight opposed the tax abatement. Within a short period of time this afternoon, over four-hundred (400) people signed petitions against this project.  The Administrative Review Committee did a disservice by recommending an abatement on this project.  The numbers presented by American Eagle, substantiated by the cost-benefit analysis, were not in the best interest of the community.  Of the five (5) targeted objectives, the project did not meet four (4) of the objectives.  The cost-benefit analysis showed the project was marginal at best with the City not meeting the benefit level, the County barely meeting the recommended level and the School District meeting the criteria.  The City and County would need to provide services to this project and we were giving away too much.  It did not seem like a fair trade-off.  This was not following good sound fiscal policy.  Lawrence was a good place to locate a business and the City did not need to provide this kind of incentive.  She asked the City Commission to deny the request.

Bob Scheher, 1105 North 1723 Road, said the proposed entry level pay scale would allow the people with children in school to request a waiver of fees.  If the City Commission continued to grant similar types of abatements over the next ten (10) years, the City would never break even.

Reverend Dulin suggested the City bring more jobs into the community.  The City Commission should consider doing what it took to help citizens of the community to find jobs.

Anderson said the analysis presented by Ford of the cost to the City and County was somewhat faulted because he did not consider the $200,000.00 up-front payment.  The income tax credits that were available to American Eagle may go unused because it was not an income producing facility.  The wages presented in the cost-benefit analysis by American Eagle did not reflect average salaries within the facility while those salaries were compared with average matured salaries within the community.  The cost-benefit analysis did not include holiday pay, sick pay and other incentives provided by American Eagle.  Anderson said even though American Eagle requested an eighty percent (80%) abatement, $9,000,000.00 of property would be placed on the tax rolls.  This would generate a tax bill of about $170,000.00 the first year instead of the $780.00 paid as farmland.

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

Rundle asked about the status of the appeal before the Board of Zoning Appeals.

David Corliss, Legal Services Director, said that appeal would not have any impact on granting the tax abatement.

Hodges supported the eighty percent (80%) tax abatement.  He saw American Eagle Outfitters as a good sound company providing long-term jobs for the community.  These jobs would add to the diversity of jobs within the community.  It would also provide jobs for a sector of the community that might not currently have benefits.     

Moved  by Rundle, seconded by Hodges, to extend the meeting until 10:30 p.m.  Motion carried unanimously.

Rundle said the benefits for a tax abatement needed to be reviewed in a more systematic way.  He did not generally believe in the need of tax abatements.  The proposed $200,000.00 payment was not going to meet the transportation problems generated by American Eagle.  The policy for truckers and employees using a specific road to and from the facility was unenforceable and would not adequately address the problems.  Rundle said the Community needed to better target economic development activities.  The numbers for this project did not pencil out.  He thought the City and the economic development community needed to go after high-tech jobs.

Kennedy supported the tax abatement saying the project would add $9,000,000.00 of real estate on the tax rolls at the commercial rate.  He thought the expansion of the job based in Lawrence would add to the quality of life in the community.

Dunfield said he attempted to review this project as it stacked up to the policy and evaluate the project in that light.  The policy was clear in that a fifty percent (50%)  abatement was to be used except in those situations where they were an extraordinary benefit to the community.  In this particular situation, he did not see an extraordinary benefit.  The infrastructure improvements alone appeared to outweigh the benefit.  From the information presented, it appeared the stronger communities did not need to give tax abatements while those weaker or rural communities needed to provide incentives to attract business.  Dunfield saw Lawrence as a strong community who needed to have a higher standard.  He would like to see American Eagle come to Lawrence, but not with an eighty percent (80%) tax abatement.

Henry supported the tax abatement.  He thought the $45,000,000.00 investment was significant and would be lost if the abatement was not in place.  It was important for the community to review its economic development policy and the tax abatement policy.  From the beginning, this tax abatement was a difficult decision. 

Rundle said it appeared the Commissioner’s supporting the project were using antedotal reasons rather than strong statistical evidence.  He was going to start a petition drive to adopt an Ordinance eliminating abatements for the City of Lawrence to take this misused tool away from the peoples hands who do not know how to use it.

Moved by Henry, seconded by Hodges, to concur with the recommendation of the ARC to approve and eighty percent (80%) tax abatement on an investment of land, construction and new equipment for the American Eagle Outfitters project estimated at $45,000,0000.00; and, direct staff to draft a Resolution of Intent subject to:

1.                  American Eagle would pay Douglas County and/or the City of Lawrence $200,000.00 for road improvements;

2.                   American Eagle would route all truck traffic and employee traffic to 1057 Road and overpass; and,

3.                  American Eagle would give to charity any landlord revenues from farming on the eastern lot of their property and direct staff to prepare a Resolution of Intent.

Motion carried unanimously.                                                                                            (18)

Mike Wildgen, City Manager, presented the staff report on the KDOT Five-Year Plan.  The current plan includes Riverridge Road, North Michigan and Crossgate Drive.  The developer on the west side of Crossgate Drive was responsible for reconstructing Crossgate to City standards as decided by recent City Commission approvals. Should this project continue to be in the KDOT Plan?

Moved by Rundle, seconded by Kennedy, to extend the meeting for ten (10) minutes.  Motion carried unanimously.

Moved by Hodges, seconded by Kennedy to direct staff to update the Year 2000 to 2004 Five-Year KDOT Plan including the following streets:

1.                  Riverridge Road, North Iowa to North Michigan;

2.                  North Michigan, Riverridge Road to west 2^nd;

3.                  O’Connell Road, 23^rd Street to 31^st Street;

4.                  Kasold Drive, from Peterson Road to KTA Overpass; and,

5.                  Traffic Signal and Geometric Improvements at K-10 and East Hill Drive. 

Motion carried unanimously.                                                                                           (19)    

Moved by Hodges, seconded by Rundle  , to adjourn at 10:35 p.m.  Motion carried unanimously.                                                        

 

APPROVED:

 

_____________________________James R. Henry, Mayor

ATTEST:

 

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING MAY 16, 2000

1.                  Ordinance 7220 - 1^st Reading, allowing temporary alcoholic beverages at Lawrence Municipal Airport, July 19, 2000 from 5 pm until 8:30 pm.

2.                  Resolution No. 6187 - authorize bonds for $250,000,00 for resurfacing of Iowa St, 19^th to 31^st.

3.                  Resolution No. 6188 - Annex W side of Folks Rd.

4.                  Site Plan – (SP-4-25-00), expand KS Zen Ctr., at 1423 New York.

5.                  Rezone – (Z-3-6-00), 5.5 acres, from RS-1 to RO-2, India School. 

6.                  TSC – Adult crossing guard, school at 5^th & Maine.

7.                  TSC – reduce speed on Kasold between 15^th & Clinton Pkwy (denied).

8.                  Release of Mortgage – 828 Mississippi, Elmer Eubanks.

9.                  Subordination Agreement – 1704 Tennessee, Antonio Shepherd.

10.              Sign of Community Interest – Arts Ctr., 200 W 9^th.

11.              Donated Land – 13.3 acres from Hallmark Cards, NW corner of Peterson & N Iowa.

12.              Grant – 5 Neighborhood awards.

13.              Auction – Spring Found Property & Evidence Sale, June 3, 2000.

14.              Local Gov’t Sponsorship of Research Grant for Title V Federal Funds with Koch Crime Institute.

15.              Agreement – Relocation of  structure at 909 Penn to Hobbs Park.

16.              Site Plan – (SP-9-68-99), Relocation of a portion of Hobbs Park ramp on Barb Wire Bldg.

17.              Prelim Dev Plan – Wakarusa Ctr. PCD, W of Wakarusa, N of Clinton Pkwy.

18.              Tax Abatement – American Eagle Outfitters.

19.              KDOT 5 year plan submittal for future funding.