June 6, 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.
With Commission approval Mayor Henry proclaimed June 10 – 11, 2000, as “The Second Annual Wizard Run.”
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the City Commission meeting minutes of May 30, 2000. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to receive the Planning Commission meeting minutes of April 26, 2000 and May 10, 2000. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve claims in the amount of $1,392,824.67 and payroll from May 21, 2000 to June 3, 2000, in the amount of $1,115.858.70. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the Drinking Establishment License for Applebee’s Neighborhood Grill & Bar. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the recommendation of the Mayor and appoint Dale Willey to the Aviation Advisory Board; the reappointment of Rhonda Montgomery to the Lawrence Housing Authority; and, the appointment of Rich Barr to the Bicycle Advisory Committee. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve a purchase order for chemical treatment of wells as part of the Kaw Water Well Rehab Program to Layne Western in the amount of $18,777.00. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve a Supplemental Services Agreement with EBH & Associates for additional engineering services for the Lift Station Abandonment Project. Motion carried unanimously.
The City Commission reviewed the bids for Harvard and Iowa Traffic Signal Improvements for the Pubic Works Department. The bids were:
BIDDER BID
Engineer’s Estimate $177,620.00
J. Warren Company Inc. $102,761.30
Wildcat Concrete Services, Inc. $124,915.80
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to award the bid to J. Warren Company Inc., in the amount of $102,761.30. Motion carried unanimously.
The City Commission reviewed the bids for 15th and Engel and 15th and Iowa Median Improvements for the Public Works Department. The bids were:
BIDDER BID
Engineer’s Estimate $44.385.00
LRM Industries $36,977.35
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to award the bid to LRM Industries, in the amount of $36,977.35. Motion carried unanimously.
As part of the consent agenda and at the request of staff, it was moved by Rundle, seconded by Hodges, to defer setting a bid date of June 20, 2000, 2:00 p.m., for the Scottsdale Street, north of 27th, Street and Storm Sewer Improvement Projects. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to set a bid date of June 20, 2000, 2:00 p.m., for the 23rd and Alabama Geometric, Traffic Signal Improvements. Motion carried unanimously.
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the site plan (SP-1-02-00) for a new parking lot for Holiday Hills Church of the Nazarene, located at 1020, subject to the following conditions:
1. Execution of a Site Plan Performance Agreement;
2. Provision of a Revised Site Plan to include the following items per the approval of the City Stormwater Engineer;
2.1 Add all information concerning detention basin and storm pipes as noted in study;
2.2 Add release structure detail;
2.3 Revise proposal grades to control runoff; (Refer to Drainage Study comments)
2.4 Revise proposed grades to not exceed 3:1 slope;
2.5 Provide standard curb inlet to collect runoff and discharge at toe of proposed slope from parking area;
2.6 No drainage provided at the southeast end of the parking lot;
2.7 Show proposed grades at existing gravel to be removed;
3. Provision of a Revised Site Plan to include the following items per staff
approval;
3.1 Provision of a note to indicate that a 6’ sidewalk shall be
constructed along Kasold Drive;
3.2 Provision of a curb profile along the east side of the parking lot;
3.3 Provide ramps in front of access stalls;
3.4 Add additional screening along north side of proposed parking;
3.5 Add street trees north and south of drive 40’ on center; and,
3.6 Provide a note to indicate area to be reseeded after gravel is removed.
Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the site plan (SP-3-16-00) for Lawrence Fire Station No. 2, located at 2128 Harper Street, 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. Provide a note that states “Upon cessation of the use of the property as a Fire Station, the 49’ curb cut may need to be reduced to reflect the City of Lawrence code requirements and any proposed use.”
b. Provide updated legal description.
3. Provision of a Photometric Plan;
4. Off-site dedication of a 15’ Utility Easement for the proposed sanitary sewer line; and,
5. Dedication of Cross-Access Easements shown on the Site Plan.
Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the site plan (SP-4-27-00) for Church of Jesus Christ of Latter Day Saints, located at 3606 West 10th Street, subject to the following conditions:
1. Execution of an Agreement Not-to-Protest street and sidewalk improvements; and,
2. Execution of a Site Plan Performance Agreement.
Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the site plan (SP-4-28-00) for Carsmart, to be located at 1216 East 23rd Street, subject to the following conditions:
1. A Site Plan Performance Agreement be executed; (Per Section 20-1433)
2. Construction of a 6’ sidewalk along East 23rd Street. Show the width on the Site Plan;
3. Revise the face of the Site Plan to include the following information:
a. Provide a 25’ wide driveway entrance with surfacing to City standards;
b. Report impervious surfaces in square feet on the face of the Site Plan in the required format;
c. Use City standard curb inlets on site;
d. Show complete contours. Show drainage system flowline elevations. Show project benchmark;
e. Show the waterline within St. James Court right-of-way;
f. Provide two (2) additional trees on the Site Plan;
g. Correct building, pavement, open space coverage calculations;
h. Provide adequate parking lot landscaping. Show calculation on Site Plan;
i. Revise Site Summary and Parking Data to reflect the changes on the plan;
j. Clarify the location on the 15’ sanitary sewer line easement on the east side;
k. Label internal display vehicle spaces;
l. Provide screening for the A/C equipment on the east side of the building; and,
4. Provision of a Photometric Plan.
Motion carried unanimously. (4)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to approve the site plan (SP-5-30-00) for Talbot’s Retail Clothing Store, to be located on the Northeast corner of 7th and Vermont Streets, subject to the following conditions:
1. Provision of a Revised Site Plan depicting the following:
a. Provision of a note stating that occupancy permits for proposed buildings will not be issued until the required public drainage improvements are complete, final inspected and accepted by the Public Works Department;
2. Provision of an Agreement Not-to-Protest the benefit district for street light improvements along 7th and Vermont;
3. Complete HRC Conditions; and,
4. Approval of an Agreement to Plat by the City Commission or filing of a Final Plat for the property prior to release of Site Plan.
Motion carried unanimously. (5)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations, approve the Final Plat (PF-04-09-00) for DCCCA Addition, a one-lot residential-office plat containing approximately 5.5 acres, located on the southeast corner of East 23rd and Harper Streets, former India School site, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Execution of a Temporary Utility Agreement;
2. Submission and approval of a Master Street Tree Plan; (Per Section 21-708a)
3. Provide a certificate that all taxes and special assessments due and payable have been paid. In the case of unpaid special assessments, a proposed redistribution of such unpaid special assessments must meet the City’s requirements and be acceptable to the City Clerk and Public Works Director;
4. Pinning of the lots;
5. Payment of street sign fees of $525.00;
6. Provide dimensions for northernmost portions of dedicated right-of-way for Franklin Road;
7. Provide a private easement to Lot 5 and Lot 6 for the detention outlet pipe;
8. Provision of the following notes on the Final Plat; and,
a. “No lot shall have direct access to K-10 Highway.”
Motion carried unanimously. (6)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations, approve the Final Plat (PF-04-11-00) for Delta Chi Addition, a one-lot residential plat containing approximately .9 acre, located at 1245 West Campus Road, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Execution of a Temporary Utility Agreement;
2. Submission and approval of a Master Street Tree Plan; (Per Section 21-708a)
3. Provide a certificate that all taxes and special assessments due and payable have been paid;
4. Dedication of a 10’ wide Utility Easement along the north and west property lines; and,
5. Dedication of a 5’ wide Utility Easement along the east property line.
Motion carried unanimously. (7)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations, approve the Final Plat (PF-4-12-00) of Aberdeen South Addition a one-lot plat containing approximately 8.804 acres, located between Scottsdale and Wakarusa Drive, north of West 27th Street, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Provision and approval of a Master Street Tree Plan which matches the approved Final Development Plan;
2. Payment of street sign costs; and,
3. Execution of a Temporary Utility Agreement.
Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to concur with the Planning Commission’s recommendations, approve the Final Plat (PF-4-13-00) for Downtown 2000 Addition, a replat of Lots 29-91 (odd numbers only), New Hampshire Street, and a portion of the alley adjacent thereto, containing approximately 1.677 acres, property commonly known as the west side of the 900 Block of New Hampshire Street, and accept the dedication of easements and rights-of-way subject to the following conditions:
1. Revision of the plat to include Area A as identified in the Staff Report with the permission of the property owner; (Per Planning and Public Works)
2. Revision of the plat to include a 10’ Utility Easement for Lot 1 or filing of a Utility Easement under a separate instrument at the time of Site Planning for Lot 1 and Lot 2; (Per Planning)
3. Revision of the plat to include a note indicating access to Lot 1 is restricted to 9th Street and that access to Lot 3 is restricted to 10th Street; (Per Planning) and,
4. Submission and approval of the Master Street Tree Plan; (Per Section 21-708a)
Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to authorize the Mayor to sign a Release of Mortgage for Dale Daney, 809 New York. Motion carried unanimously. (10)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to authorize the City Manager to issue a check for the foreclosure purchase of 2131 Carolina by HAND staff. Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Rundle, seconded by Hodges, to authorize acceptance of Federal Local Law Enforcement Block Grant (LLEBG) for upgrades to the 800 MHz radio project, in the amount of $71,841.00 from City funds. Motion carried unanimously. (12)
The City Commission reviewed the minutes of the May 16, 2000, City Commission meeting.
Mayor Henry read a letter from Mark Andersen, Attorney, representing American Eagle Outfitters, requesting the May 16, 2000, meeting be amended. He requested the second condition be amended to read “American Eagle would route all K-10 truck traffic and employee traffic to 1057 Road and Overpass.” .
Moved by Rundle, seconded by Dunfield, to amend the City Commission meeting minutes of May 16, 2000, as requested by Andersen. Motion carried unanimously.
Rundle requested the following changes:
Page 16 at the top of the page which summarizes the comments of Mark Andersen, he requested adding the following after the sentence beginning, “The cost benefit analysis did not include holiday pay…”
Mr. Andersen stated: “On the issue of wages and benefits,… the comparison in the tax/benefit cost analysis talks about wages. However, your tax abatement ordinance talks about … wages and benefits. [emphasis added] Nowhere is there a comparison because the state is unable to provide you with any meaningful benefit numbers. So what everyone keeps talking about is wages. Let us be very clear that we’re not comparing apples to oranges.”
In the Hodges‘ comments on page 16 before the sentence beginning “It would also provide jobs,… “ he requested inserting “Hodges commented on the benefits offered by American Eagle including a 40% merchandise discount, holiday and sick pay, 15% match in stock purchase plan which provided an opportunity to grow, 401 K retirement plan with a 3% match from the company, profit sharing, health and dental plans, life insurance package, and accidental death and dismemberment.” “Hodges also noted that the sewer was already there and there will be no cost, and that water lines were there so there will be no cost.”
In his comments, he requested the following be substituted:
“Rundle disagreed with the assessment of employee benefits outlined by Commissioner Hodges and noted that they needed to be reviewed in a more systematic way. Rundle noted that the attorney for the applicant pointed out that the state did not provide a basis for comparing benefits. He did not generally believe in the need for tax abatements and noted that Overland Park does not give tax abatements and the reasons they give were the same reasons that Lawrence could give which he has stated before. He further commented that speakers assert that we have to give abatements because other communities do but their speakers pointed to rural communities and small towns. Rundle asserted that Lawrence has attributes that are not available in small towns and rural areas. Rundle felt the proposed $200,000 payment was not going to address the transportation problems brought to our attention by KDOT. Current tenants of East Hills Business Park had asked the City to address safety issues. He also felt the policy for truckers and employees using a specific road to and from the facility was unenforceable. He felt truckers unfamiliar with the area or employees late to work would fail to comply and put the motoring public at risk. Rundle said the community needed to better target economic development activities so that we could attract better firms, and noted that one could not buy a home at the salaries offered by American Eagle. Rundle noted that while there were opportunities for students as highlighted in the letter from the Lieutenant Governor, Lawrence needed to target our efforts to people who would stay here. Rundle questioned the assertion that Lawrence has a bad reputation in the development community as speakers asserted. He stated that our growth rate is not declining and people are still moving here. He felt the numbers did not pencil out: when 80% of the taxes are abated there is not benefit. He thought the city needed to hire economic development planners and noted that it IS a different economy, that it is the age of the Internet, and that high tech jobs were going to go to other communities.”
On page 17 the motion should come before the fourth paragraph. After the motion, the fourth paragraph should read:
“Rundle did not feel the commissioners supporting the abatement offered convincing, demonstrable evidence for approving this abatement. He was going to start a petition drive to take tax abatements away. He felt the only thing one needed to do to get an abatement in this town was to ask for it. He wanted citizens to speak and felt they would take this misused tool out of the hands of those who did not know how to use it.”
On page 17, he requested the following be added to Kennedy’s comments:
“It was difficult for him to decide to support the 80% abatement when a 50% abatement seemed more appropriate. However, he did not wish to recommend the lower percentage.”
On page 17, prior to the motion, he requested adding “Hodges called the question.”
Rundle thought it was important to be accurate because this was a controversial issue. In summarizing the discussion, the City Clerk presented his interpretation. It was important to present a complete and accurate discussion because it was the public record.
Hodges requested that page 9 be amended to reflect “Mayor Henry called a public hearing on a request for a tax abatement from American Eagle Outfitters.”
Henry read a section of Robert’s Rules of Order which said the minutes should contain mainly a record of what was done at the meeting, not what was said by the members. If the minutes were to be published, they should contain a list of speakers on each side of every question with an abstract of each address. The City Commission had not adopted Robert’s Rules of Order, but he thought that was an appropriate way to present the record of proceedings. Henry suggested relocating the paragraph concerning Rundle’s discussion after the motion.
Hodges expressed a concern about the editing or paraphrasing of one Commissioner’s comments by another Commissioner. He thought it was a bad policy for one Commissioner to edit what another said because that person might leave out what the other person thought was important.
Rundle said he did not want to do that and that was why he sent the revisions out in advance. It gave time for the other Commissioners to review the proposed changes and comment. Rundle said the City Commission depended on the City Clerk to reflect accurately the actions of the meeting and what was said. Sometimes it was important to clarify or change what was said to have an accurate record for those that follow. Rundle said he only changed statements from the other Commissioner’s because they were referred to in his comments and he thought it was appropriate to have a reference to those comments to make sense. Rundle said he was trying to have an accurate public record of the discussion.
Moved by Rundle, seconded by Kennedy, to approve the amendments to the City Commission meeting minutes of May 16, 2000, as requested by Rundle. Aye: Dunfield, Kennedy and Rundle. Nay: Henry and Hodges. Motion carried.
Moved by Rundle, seconded by Kennedy, to approve the May 16, 2000, City Commission meeting minutes as amended. Aye: Dunfield, Kennedy and Rundle. Nay: Henry and Hodges. Motion carried. (13)
Debbie Van Saun, Acting Assistant City Manager, presented the staff report on the memorandum of agreements for certain Police and Fire/Medical Department employees. In meeting with both groups, Interest Based Bargaining was utilized and it worked well.
Darin Othick, Chair, LPOA, said the process was successful in reaching agreements between the City and LPOA.
Ed Noonen, Secretary, Fire/Medical Group, said the Interest Base Bargaining process was good at identifying differences and not placing personalities with those differences. It was important for consensus to be reached and it worked well.
Hodges was pleased about the successful outcome, but he had concerns about the significant impact these agreements would have on the budget.
Rundle had a concern about the impact on the budget, but his concern was with the entire aspect of the cost of growth on the community.
Moved by Kennedy, seconded by Rundle, to approve the Memorandum of Understandings for certain Police and Fire/Medical Department employees and authorize the Mayor to execute the Memorandums. Motion carried unanimously. (14)
Mayor Henry called a public hearing on the 2001 budget.
Marci Francisco, 946 Ohio, appreciated the work of staff and the City Commission in assisting neighborhoods. She requested the City Commission revisit sidewalk repair and add staff to enforce the sidewalk repair Ordinances. Francisco said the City needed someone on staff to review with the property owners that it was their responsibility to repair their sidewalks. (15)
Margene Swartz, Community Development Manager, HAND, presented the 2000 Annual Update of the Consolidated Plan. The Consolidated Plan was required by the Housing Act of 1990 and was a result of a collaborative process where the City established a unified vision for Community Development using Federal, State and Local Funds. The Annual Update was a one (1) year action plan which included a one (1) year investment summary for the upcoming program year.
Terri Pippert, Chair, HAND Advisory Committee, thanked all of the Committee members for their hard work. There was a significant time involvement on their part.
Teresa Martell, Trinity Respite Care, expressed a concern about the lack of funding for their program. She thought their program met the criteria identified in the Step Up for Better Housing Program. Martell thought their particular program was not reviewed closely enough by the Advisory Committee. They tried to keep disabled and elderly in their homes by providing support.
Moved by Kennedy, seconded by Rundle, to approve the 2000 Annual Update of the Consolidated Plan and Resolution No. 6194, authorizing the Mayor to execute agreements for the 2000 CDBG and HOME Programs and other such documents as required to be submitted to the U.S. Department of Housing and Urban Development. Motion carried unanimously. (16)
David Corliss, Legal Service Director, presented the Draft Ordinance No. 7223, concerning disorderly house nuisances. The focus of this Ordinance was the habitual disorderly conduct in a dwelling which violated City laws such as liquor Ordinances, disorderly conduct, and noise. The Ordinance required the property owner to attend a nuisance abatement conference which City staff to determine which specific actions should be taken. The City would then proceed with prosecution or terminate utility service if the agreement was violated or the property owner refused to cooperate. The Ordinance was a new vehicle for the City to use in response to neighborhood concerns regarding habitual dwelling nuisances. At this time, it was difficult to gage the effectiveness and responsiveness to the individual situations prior to adoption of the Ordinance. The City’s ability to provide appropriate resources for the enforcement of the Ordinance was a concern without knowing how many of these the City would face. Other communities have used similar laws to respond to this type of problem.
David Holroyd, 1244 Louisiana, read a statement of support for the Disorderly Nuisance, Disorderly House Ordinance and Keg Registration.
Janet Gerstner, 1101 Ohio, spoke in support of the Ordinance. She suggested it was good tool to help insure responsible behavior by tenants and property owners.
Debra Snyder, 1909 Maine, thanked the City staff for their assistance in dealing with problem houses in the past. She supported the adoption of the Ordinance and the support given to the neighborhoods.
Moved by Hodges, seconded by Rundle, to approve the draft of the Disorderly House Nuisances Ordinance and authorize placement of Ordinance No. 7223 on a future agenda. Motion carried unanimously. (17)
David Corliss, Legal Services Director, presented the staff report on the Draft Ordinance concerning keg registration. The Draft Ordinance was revised to reflect comments and suggestions made at a meeting which was held on May 16, 2000 with Retailers and Distributors. Corliss recognized a letter received from an attorney concerning the City’s authority to enact this type of Ordinance. Corliss said he consulted the League of Kansas Municipalities on this concern and it was his opinion the City could adopt an ordinary Ordinance to cover this issue. If the City Commission wished to adopt a Charter Ordinance to implement this type of Law, it could be done quickly because the City would only be covering Keg Registration and not exempting from the entire Alcoholic Beverage Section of the State Statute. Corliss said he would continue to research the legalities of Keg Registration with the Kansas League of Municipalities.
Ardon Welsh spoke in opposition to the proposed Ordinance. He had a concern about the tag coming off on his keg that was kept at home.
Chuck Magerl, Free State Brewery Co., spoke in opposition to the Ordinance. It was a symbolic gesture which would have little impact. Public Policy should be good and effective policy. Magerl said the retail license holder would be the person most likely to be effected by this Ordinance which was an example of an unfunded mandate. The language in the proposed Ordinance was convoluted because this type of legislation should be handled on a State wide level. To implement it on the local level did not make sense. The effectiveness was going to be limited.
Rita Madl, Kansas License Bar Association, spoke in opposition to the legislation. The first step in this type of program, should be an educational step which outlined the impact of someone selling or giving alcoholic beverages to minors. This Ordinance would not stop a person from dispensing alcoholic beverages to minors. Madl thought it was unfair for a Retail Establishment to face significant fines because of a paper work error on the part of a clerical person. It was not right for this fine or penalty for the retailer to be the same for a person who dispenses the beverage to underage drinkers.
Dan Bealieu, Baldwin Alcohol Task Force, supported Lawrence pursing the Keg Registration. The Task Force in Baldwin was going to request that Baldwin do the same and it would be easier if Lawrence was first. The reason why people would take tags off the kegs would be that they could violate the law. There would be no other reason to deface the tag.
Tom Dangermond, a Retail Liquor Store owner, said the proposed Ordinance would not deter people from violating the Law. People were going to be creative in finding ways around the Ordinance. He suggested the City enforce existing laws which would have a greater impact than Keg Registration. Retailers would be penalized for errors of there clerical staff. The Ordinance would not work.
Amy Campbell, Kansas Retail Liquor Dealer’s Association, spoke in opposition to the Ordinance. She said the KRLDA supported local coalitions of Retailers, Political Leaders, Law Enforcement and family members working to discourage underage drinking and promote positive community programs. Keg Registration has not worked on stopping underage drinking nationwide. This Ordinance would infringe on the privacy of the customer by putting a name on a list with no statutory controls regarding when and why the list could be reviewed. It had always been illegal for people to purchase alcoholic beverages for minors. Over the years the penalties had increase without effectively deterring minors from obtaining beer kegs. She presented a list of amendments to the proposed Ordinance.
Rebecca Rice, representing the Liquor Industry, said Corliss referred to her letter earlier in the presentation. She cautioned the City Commission from Chartering out under State Regulatory controls found in the Alcoholic Beverage Law. Retailers saw Cities Chartering out of the State Statute as the beginning of the end for the industry. There would be a Supreme Court Decision on this issue in September or October. The City should not rush to adopt this Ordinance. Retailers have always been cooperative with Law Enforcement Officials in trying to identify people dispensing alcoholic beverages to underage drinkers. She advised the City Commission to proceed with caution.
David Holyrod said the focus of the problem was lost with the previous discussions. The real problem for neighborhoods was the litter caused by these keg parties. He encouraged the City Commission to adopt the Ordinance which would do something to help protect neighborhoods.
David Duncan, Classic Eagle Distributor, presented a chart showing a cost differential between renting a keg and buying six (6) to seven (7) cases of beer. Those few people who do not care about the law and underage drinking, they would find other ways to get around the law. He opposed the Ordinance.
Dunfield requested a written response from staff on the various concerns and amendments presented by the Kansas Retail Liquor Dealers Association. He thought the Ordinance would be useful to find the responsible parties for serving underage drinkers. If an Ordinance could have some effect, he thought it was the way to go. A State wide policy or law was a good point. Dunfield thought it was more likely to get action at the State level if more and more communities took action at the local level.
Rundle said penalties do not just apply to the retailer, they also apply to the person purchasing a keg and dispensing the keg to underage drinkers. He supported the written response from staff.
Hodges said he hoped the regulation would reduce home parties which were in direct competition with the Retailers. He noted the general public was not speaking in opposition to this proposal.
Henry said he was interested in exploring the liability of an owner who’s clerk made a mistake in the administration of the law.
Moved by Kennedy, seconded by Hodges, to table the proposed Ordinance concerning Keg Registration and direct staff to respond to the concerns raised by the Kansas Retail Liquor Dealer’s Association. Motion carried unanimously. (18)
At the request of the applicant, the City Commission concurred to defer for one (1) week the approval of the Dedication of Easements and Rights-of-Ways for the Final Plat of Spring Hill No. 2. (19)
Brian Pedrotti, Planner, presented the Final Plat for Mt. Blue Addition No. 2. This was a replat of Lot 2, Mt. Blue Addition and a Final Plat of adjacent tract. This 9-lot planned industrial subdivision contains approximately 23.67 acres. The plat was on the City Commission’s agenda because of a seven (7) to one (1) vote.
Moved by Hodges, seconded by Kennedy, to concur with the Planning Commission’s recommendations, approve the Final Plat (PF-04-10-00) for Mt. Blue Addition No. 2, a replat of Lot 2, Mt. Blue Addition and a Final Plat of an adjacent tract, a 9-lot planned industrial subdivision containing approximately 23.67 acres, located southeast of Franklin Road and K-10 Highway, 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. Add a note to the face of the plat indicating that 23rd Street access will be reviewed with future redevelopment of the site;
b. Provide 20’ Utility Easement, 10’ each side of existing pole line crossing the site or provide a note stating that relocation of utilities will be at developer’s expense;
c. The access control being converted must be included in the legal description including the proposed 30’ break;
d. The acreage show in the center of the site needs to match the acreage shown in the legal description;
e. Provide note as required in Section 21-708(d);
f. Provide Drainage Easements as required. Drainage improvements have not been proposed, therefore the Drainage Easement must contain the existing open channel;
g. Provide additional right-of-way at northwest corner of site, per approval of the Director of Public Works;
2. Provision of an Agreement Not-to-Protest the Formation of a Benefit District for future improvements to Harper Street and East 23rd Street;
3. Execution of a Temporary Utility Agreement;
4. Provision and approval of a Master Street Tree Plan; and,
5. Pins must be set and shown or Final Plat per Section 21-302.2.
Motion carried unanimously. (20)
Henry informed the City Commission he asked staff to review the ramifications of reducing the number of unrelated individuals to two (2) in residential units.
Mike Wildgen, City Manager, said that was a good report for the Rental Housing Study Session planned for Centennial School.
The City Commission concurred to direct staff to see if the Lawrence High School Cafeteria would be available because of the number of people wanting to participate in the study session.
Rundle said that he wanted to explain his position on the City Commission meeting minutes that most of the time the summary of minutes were okay. The American Eagle situation was one time where the record should reflect what was said. He was not attempting to try to single out any particular comments, but he was only interested in having an accurate record of the details.
Hodges said the editing or paraphrasing of one (1) Commissioner by another Commissioner was wrong.
Wayne Parkinson, 2400 Bryce Court, spoke in opposition to the City Commission approval of the American Eagle Outfitter tax abatement. He said Lawrence should be paying businesses to locate in the City. He thought a conference for the City Commission on self confidence and negotiations was needed. The ability for the City Commission to give eighty percent (80%) tax abatement should be reviewed. He expressed a concern about Kennedy voting on tax abatements because they all involved a considerable amount of glass.
Parkinson asked the City Commission to protect children going to and from Elementary Schools by painting the crosswalks. He suggested that Kennedy on his way home, drive around New York school to review that situation and report on the status of the crosswalks.
The City Commission concurred to direct staff to prepare a report on crosswalks at Elementary Schools.
Moved by Kennedy, seconded by Rundle , to adjourn at 9:26 p.m. Motion carried unanimously.
APPROVED:
_____________________________James R. Henry, Mayor
ATTEST:
___________________________________
Raymond J. Hummert, City Clerk
COMMISSION MEETING JUNE 6, 2000
1. Site Plan – SP-1-02-00, New Parking Lot for Holiday Hills Church of Nazarene.
2. Site Plan – SP-3-16-00, Lawrence Fire Station No. 2, 2128 Harper St.
3. Site Plan – SP-4-27-00, Church of Jesus Christ Latter Day Saints, 3606 W 10th.
4. Site Plan – SP-4-28-00, Carsmart, 1216 E 23rd.
5. Site Plan – SP-5-30-00, Talbot’s Retail Clothing Store, NE corner of 7th.
6. Final Plat – PF-04-09-00, DCCCA Addition, 5.5 acres, SE corner of E 23rd & Harper.
7. Final Plat – PF-04-11-00, Delta Chi Addition, .9 acre, 1245 W Campus Rd.
8. Final Plat – PF-4-12-00, Aberdeen S Addition, 8.804 acres, between Scottsdale & Wakarusa Dr., N of W 27th .
9. Final Plat – PF-4-13-00, Downtown 2000 Addition, 1.677 acres, W side of 900 Blk of New Hamp.
10. Mortgage Release – 809 New York, Dale Daney.
11. Foreclosure Purchase – 2131 Carolina, HAND Staff.
12. Grant – Federal Local Law Enforcement Block Grant for $71,841, to update 800 MHz radio project.
13. American Eagle – approval of May 16, 2000 City Commission minutes.
14. Memorandum of Agreements – Police & Fire/Medical Dept. employees.
15. 2001 Budget – Pubic Hearing
16. Resolution No. 6194, Execute agreements for 2000 CDBG & HOME Programs.
17. Ordinance No. 7223 -1st Reading, disorderly house nuisances.
18. Ordinance No. 7222 – Tabled, Keg Registration.
19. Final Plat – PF-3-6-00, (Defer for 1 week) Spring Hill No. 2, 20.688 acres, S of Peterson & W of Monterey Way.
20. Final Plat – PF-04-10-00, Mt. Blue Addition No. 2, 23.67 acres, SE of Franklin Rd & K10 Hwy.