September 5, 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 Vice Mayor Rundle presiding and members Dunfield, Hodges and Kennedy present.  Henry was absent.    

With Commission approval Mayor Henry proclaimed the week of September 3 – 9, 2000 as “Lawrence Literacy Week”; the week of September 10 – 16, 2000 as “POW/MIA Recognition Week”; and, Friday, September 15, 2000 to be “POW/MIA Recognition Day.”

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the City Commission meeting minutes of August 22, 2000.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to receive the Traffic Safety Commission meeting of August 14, 2000; the Grant Review Board meeting minutes of July 25, 2000; the Public Transit Advisory Committee meeting minutes of August 15, 2000.  The Advisory Board meeting minutes of July 20, 2000; the Aviation Advisory Board meeting minutes of July 20, 2000; the HAND Advisory Committee meeting minutes of August 10, 2000; the Practitioner’s Panel meeting minutes of August 17, 2000; and, Board of Zoning.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve claims in the amount of $8,188,481.69 and payroll from August 13, 2000 to August 26, 2000 in the amount of $1,108,943.13.  Motion carried unanimously.

            David Corliss, Assistant City Manager, presented a report on the Drinking Establishment License for Grandfather LLC.  Corliss said on February 26, 2000, Dos Hombres, located at 815 New Hampshire surrendered their Drinking Establishment License to the State of Kansas  Since that time, there was no further use of that property as a Drinking Establishment.

            During the week of August 25, 2000, Grandfather’s LLC was issued a State Drinking Establishment License for 815 New Hampshire.  The following week, August 28, 2000, Grandfather’s LLC applied for a City Drinking Establishment License.  On or about August 31, 2000, the property owner claimed the Drinking Establishment was open for business without selling alcoholic beverages.  This property was zoned C-3.  Under City laws, Drinking Establishments in the C-3 zoning district must maintain a fifty-five percent (55%) food sales requirement.  The issue before the City Commission was whether the claim of non-conforming use status of Dos Hombres could continue with the new owner.  The ordinance provided that a lawful non-conforming use of a building, structure or land that was voluntarily discontinued for a period of six (6) calendar months, shall not thereafter be resumed.  Staff felt this use was discontinued for six (6) months. 

            Mike Riling, representing Grandfather’s LLC, thought Dos Hombres operated through the month of February.  He was not aware of Dos Hombres closing prior to the end of the month.  Riling presented information showing that State law required an intent to discontinue the use.  The owner of the property never intended to discontinue the existing Drinking Establishment business.  They were looking for an appropriate tenant.  It was clear, the intent all along, was to keep this as a Drinking Establishment.

            Hodges asked if there were any food sales with the new business. 

            Riling said yes, but the owner did not want to be restricted with the fifty-five percent (55%) food sales requirement.

            Moved by Kennedy, seconded by Hodges, to direct staff to issue a Drinking Establishment License without restrictions to Grandfather’s LLC, located at 815 New Hampshire.  Motion carried unanimously.             

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve the Drinking Establishment Licenses for Harbor Lights, 1031 Massachusetts; Lawrence Community Theater, 1501 New Hampshire, Holiday Inn/Wholesome, 200 McDonnell Drive; and, the Retail Liquor License for Stanford’s Retail Liquor.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the recommendation of the Mayor and appoint Lewis Milford and Elizabeth Clark to the Lawrence Arts Commission.  Motion carried unanimously.

The City Commission reviewed the bids for Prairie Park Trail Project for the Parks and Recreation Department.  The bids were:

            BIDDER                                                          BID                             

           

            Penny Construction                                        $302,577.00               

                        May Construction                                            $348,400.00               

                        BA Green                                                        $369,000.00                                       

            As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to waive the engineer’s estimate and award the bid to Penny Construction in the amount of $302,577.00.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to accept the proposal from Ott Welding for fencing at Oak Hill Cemetery in the amount of $26, 997.85.  Motion carried unanimously.

            As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to authorize the City Manager to execute an agreement with Terracon Consultants, Inc. for geotechnical services for the Wastewater Treatment Plan Expansion Project in the amount of $160,987.00.

                As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to set a bid date of September 19, 2000 for Parkside Addition No. 2, for street, storm sewer, and waterline improvements.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to set a bid date of September 19, 200 for raised island removal on Iowa, 31st to 34th Street, curb repair on Iowa, east side, Harvard to 15th Street.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to set a bid date of October 10, 2000 for Kasold Drive, Clinton Parkway to 31st Street, recreational path improvements.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to place on first reading Ordinance No. 7264, designating George Williams Way from 6th to 15th Streets as a collector street.  Motion carried unanimously.                                                          (1)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to place on first reading Ordinance No. 7262, authorizing the execution of a loan agreement between the City and State of Kansas (via KDHE) for the purpose of obtaining a loan from the Kansas Water Pollution Control Revolving Fund, and approving certain documents in connection with the revised loan. Motion carried unanimously.                                                (2)

Ordinance No. 7258, adopting the 20000 version of the Standard Traffic Ordinance was read a second time.

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

Ordinance No. 7260, providing a tax abatement (Phase II) for Sauer Danfoss pursuant to City Commission direction of August 15, 2000 was read a second time. 

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

Ordinance No. 7261, annexing approximately .024 acres, property generally located in the right-of-way along Wakarusa Drive, north of Clinton Parkway was read a second time.

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

Ordinance No. 7259, establishing Municipal Court fines and fees was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to adopt the ordinance.  Aye:  Dunfield, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                      (6)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to adopt Resolution No. 6221, ordering the improvement and authorizing the issuance of general obligation bonds for the construction and improvement of certain City facilities.  Motion carried unanimously.                                                                                                                                      (7)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to adopt Resolution No. 6222, finding it advisable to construct Comet Lane between 6th and 7th Street.  Motion carried unanimously.                                                                                             (8)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to adopt Resolution No. 6223, ordering the construction of Comet Lane between 6th and 7th Streets.  Motion carried unanimously.                                                                                              (9)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to adopt Resolution No. 6224, finding it advisable to construct 7th Street between Comet Lane and Monterey Way.  Motion carried unanimously.                                                                              (10)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to adopt Resolution No. 6225, ordering the construction of 7th Street between Comet Lane and Monterey Way.  Motion carried unanimously.                                                                              (11)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to adopt Resolution No. 6226, increasing the cost of 24th Street, Inverness to Crossgate, benefit district improvements.  Motion carried unanimously.                                                                  (12)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-05-06-00) for expansion of the Lawrence Wastewater Treatment Plant, located at 1400 East 8th Street, subject to the following conditions:

1.                  Revise the UPR Site Plan to include the following items:

a.                  Provide street trees along East 11th Street at the rate of 1 per every 40’;

b.                  Report impervious surfaces in square feet on the face of the site plan in the required format;

2.                  Execution of a Site Plan Performance Agreement;

3.                  Provide a photometric plan prior to issuance of a building permit;

4.                  Approval of a Floodplain Development Permit for the site; and,

5.                  Platting of the property prior to commencement of work on a building permit.

Motion carried unanimously.                                                                                                        (13)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the Planning Commission’s recommendations, approve the Final Plat for Bobwhite Addition, a one-lot industrial zoned subdivision containing approximately 1.605 acres, located south of West 15th Street, east of Foxfire Addition, and accept the dedication of easements and rights-of-way subject to the following conditions:

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

a.                  Correct discrepancy between legal description and graphic shown on plat (southern property line);

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

3.                  Execution of a Temporary Utility Agreement; and,

4.                  Provision of an agreement not to protest the formation of a benefit district for 15th Street.

Motion carried unanimously.                                                                                                        (14)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the Planning Commission’s recommendations, approve the Final Plat for Fox Chase Addition No. 5, a 15-lot residential plat containing approximately 5.405 acres, located south of West 6th Street (Hwy. 40) west of Branchwood Drive, and accept the dedication of easements and rights-of-way subject to the following conditions:

1.                  Provision of a statement of revised special assessments per the approval of the City Engineer;

2.                  Provision of a revised plat to note the dedication of an additional 7.5’ of utility easement along the north property line by separate instrument including the deed book and page on the face of the final plat;

3.                  Provision on a revised final plat to note that access to Stoneridge Drive shall be prohibited for Lot 2,  Block 1; Lots 1 and 4, Block 2, Lot 1, Block 3; Lot 1, Block 4, and Lot 7, Block 5;

4.                  Approval and publication of the annexation and rezoning ordinances for the subject property;

5.                  Provision of the following fees and recording documentation;

a.                  Execution of a Temporary Utility Agreement;

b.                  Copy of paid property tax receipt;

c.                  Recording fees made payable to the Douglas County Register Deeds;

d.                  Provision of a Master Street Tree Plan;

e.                  Provision of a pinning letter for the lots in accordance with Section21-302.2 of the subdivision regulations; and,

f.                    Provision of street sign fees as applicable.

Motion carried unanimously.                                                                                                        (15)

            As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to initiate a rezoning request to RS-2 from Unincorporated County Zoning for property generally located west of Monterey Way, north of Stetson Drive.   Motion carried unanimously.              (16)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the Traffic Safety Commission’s recommendation to establish “no parking” from 7:00 a.m. to 5:00 p.m. Monday through Friday, along the east side of Alabama Street between 2nd and 3rd Streets and direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                                          (17)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the Traffic Safety Commission’s recommendation to establish “no parking” along the south side of 19th Terrace between Emerald Drive and Naismith Drive direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                       (18)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the Traffic Safety Commission’s recommendation to oppose the installation of a traffic signal at the intersection of K-10 and East Hills Drive, and to support the installation of appropriate acceleration and left turn storage lanes, and the construction of a bridge over K-10 when feasible.  Motion carried unanimously.                                                                  (19)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the Traffic Safety Commission’s recommendation to establish “no parking” along the east side of the street located east of Crestline Drive and north of University Drive, between University Drive and the cul-de-sac across from Regency Place in the Meadowbrook Apartment Complex and direct staff to prepare the appropriate ordinance.  Motion carried unanimously.

     (20)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to concur with the Traffic Safety Commission’s recommendation to establish “no parking” along the west side of Louisiana Street, from 19th Street, south 460 feet, and from 21st Street, north 300 feet, and an equal increase in the existing bus loading zone and direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                  (21)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to set a public hearing date of October 3, 2000, for the World Company Appeal of Determination to the Historic Resources Commission concerning the proposed skywalk in the 600 block of New Hampshire.  Motion carried unanimously.                                                                                      (22)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to approve closure of Massachusetts Street between North Park and South Park from 7:00 a.m. to 6:00 p.m. on Sunday, September 10, 2000 for the annual Fall Arts and Crafts Festival.  Motion carried unanimously.                                                                                                                        (23)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to authorize the Mayor to sign a Release of Mortgage for Elsie Freeman, 922 New Jersey.  Motion carried unanimously.                                                                                                                   (24)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to authorize the Mayor to sign a Release of Mortgage for Laura Moeller, 1037 East Home Circle.  Motion carried unanimously.                                                                                                        (25)

As part of the consent agenda, it was moved by Kennedy, seconded by Hodges, to authorize the Mayor to sign a Release of Mortgage for Antonio Shephard, 1704 Tennessee.  Motion carried unanimously.                                                                                                        (26)

            Steven Maynard-Moody, Interim Director, University of Kansas, presented a letter concerning the 2000 Lawrence Citizen Survey conducted by the University of Kansas Masters of Public Administration Program.  This was the 5th year of the survey giving a good view of trends since 1992 on how Lawrence residents view their community and government.  The survey’s included a series of standard questions which remained the same over the years and specific policy questions that change every two (2) years.  The cost of the survey was estimated between $3,000.00 and $5,000.00.  The City was billed for the actual cost.  Two (2) years ago, the cost was $3,300.00.  Maynard-Moody expected to conduct the survey in October with preliminary results of the survey by early December.  A full report was given to the City Commission in January of 2001.  He asked if there were any specific topics the City Commission wanted covered in this year’s survey.

            Hodges suggested questions concerning east/west traffic in Lawrence, especially in the southern part of Lawrence.

            Rundle suggested asking views on Economic Development and tax abatement policies.

            The City Commission concurred to direct Maynard-Moody to proceed with the 2001 Lawrence Citizen Survey.                                                                                                         (27)

Vice Mayor Rundle called a public hearing on pending drainage easement enforcement at 2708 West 27th Terrace.

Thelma Simons, 2708 West 27th Terrace, requested that she not be required to take down the fence and move trees that were in the drainage easement.  She presented pictures of the easement during a significant rainfall in 1996 showing a similar fence was not an obstruction to the easement.  By removal of the fence, fifteen percent (15%) of their yard would not be available to them.  Simons estimated the cost to be over $1,000.00 to move the fence and trees.  She did not think this was a logical approach and did not see the fence as an obstruction to water flowing through the area.  She was willing to compromise by moving the trees and keeping the fence clear of debris during rain events.

Chad Voigt, Stormwater Engineer, presented the staff report on the drainage easement.  After review, he determined the fence and trees caused an obstruction to the easement.  He presented pictures of the drainage easement in relation to the homes and the drainage system to the north.  Voigt recommended removal of the trees and fence because they were obstacles to the drainage system in the area.

Hodges said the City should do all they could to keep these drainage ways open.  He suggested six (6) months was a more appropriate time frame to make the changes than thirty (30) days.

Dunfield said it was important to keep drainage easements open and because of the hardship, he thought six (6) months was appropriate.

Moved by Kennedy, seconded by Dunfield, to order removal of the fence and trees in the drainage easement at 2708 West 27th Street and approve six (6) months for the removals.  Motion carried unanimously.                                                                                                        (28)

Vice Mayor Rundle called a public hearing on pending drainage easement enforcement at 508 to 544 Salsbury Court and 2521 to 2557 Stowe Drive.

Chad Voigt, Stormwater Engineer, said at this location, there were several fences in the platted drainage easement.  After reviewing the storm drainage design for the area, staff recommended the east fifteen feet (15’) of the properties on Salsbury Court must be kept clear of obstructions to allow stormwater overflow from the north.  Also, surface drains on Stowe Drive properties must be accessible from the west.  The remainder of the fifty feet (50’) could contain encroachments.  However, these encroachments were subject to removal in the event of public maintenance or reconstruction within the drainage easement.  Voigt met with all the property owner’s in the area to explain the recommendation. 

Dunfield asked about the legal ramifications of permitting structures within the drainage easement.

Mike Wildgen, City Manager, said the easement remained in tact and if needed for maintenance or other improvements, the structures needed to be removed at the owner’s expense. 

Moved by Hodges, seconded by Dunfield, to concur with staff’s recommendation for the drainage easement at 508 – 544 Salsbury Court and 2521 to 2557 Stowe Drive.  Motion carried unanimously.                                                                                                                   (29)

            Chad Voight, Stormwater Engineer, presented the proposed Ordinance for storm water pollution prevention; and, construction standards for buildings fronting non-curbed streets and requirements for culverts in the public right-of-way.  The Ordinance on stormwater pollution prevention addressed the discharge of pollutants into the storm drainage system pursuant to EPA requirements under the NPDES Permitting Program.  Staff recommended this information be disseminated to the public for review and comments.   The Ordinance was comprehensive in nature including instructional programs, enforcement authority and addressing construction sites and industrial facilities.  The proposed Ordinance on housing fronting non-curbed streets required the finish floor of a structure be above street level.  This would be one (1) solution to problems in the North Lawrence area.  In addition, the Ordinance would give staff the authority to review and approve the installation of culverts for driveways.

            The City Commission concurred to direct staff to proceed with sending the proposed Ordinances to interested community groups.                                                                       (30)

            Mike Wildgen, City Manager,  presented the staff report on Ordinance No. 7250, designating Stoneridge Drive from Harvard Road to Branchwood Drive, west of Wakarusa Drive, as a collector street.  Previously, the City Commission adopted an Ordinance approving the installation of yield signs on all unclassified streets when they intersected a collector street.  All collector streets needed to be designated to be able to install the appropriate traffic control devices on the intersecting streets.  Stoneridge Drive was platted with an eighty foot (80’) right-of-way and was constructed as a thirty-one foot (31’) wide street and conformed to collector street requirements.    

            Ordinance No. 7250, designating Stoneridge Drive from Harvard Road to Branchwood Drive, west of Wakarusa Drive, as a collector street was read a second time.

            Moved by Hodges, seconded by Kennedy, to adopt the Ordinance.  Aye:  Rundle, Dunfield, Hodges and Kennedy.   Nay:  None.  Motion carried.                                             (31)

            Tim Herndon, Landplan Engineering, representing Parkway Plaza PCD, requested the City Commission approve the temporary occupancy of the project until the street improvements required by the development plan were installed.  Because of the extended period of time in the formation of the benefit district, construction of those improvements was delayed.  He requested immediate occupancy of the apartments be allowed with the assurance that the street improvements would be constructed within a reasonable period of time.  This would not pose any public safety problems for the area.  He also requested occupancy of the bike shop, if the improvements were not completed prior to that construction.

            Doug Compton, owner of the development, said all of the on-site improvements were done and all inspections approved.

            Linda Finger, Planning Director, expressed a concern about issuing temporary occupancy because of the requirement on the development plan clearly stated the improvements needed to be made prior to occupancy.  The City Commission would be facing a similar situation at 7th and Comet Lane with the construction of a restaurant in that area.

            Dunfield said this was such a unique project that there was no comparison and it would not be setting a precedent to allow temporary occupancy in this situation.

            Mike Wildgen, City Manager, informed the City Commission that staff had notified property owners on Comet Lane that the improvements would probably not be ready by the time the development was completed.  The City needed to acquire right-of-way for those improvements.

            Kennedy supported the temporary occupancy because the major streets were in place with the understanding the additional improvements were forth coming.

Moved by Kennedy, seconded by Hodges, to allow for the temporary occupancy in the Parkway Plaza PCD Development with final occupancy granted after the installation of improvements at 22nd and Kasold.  Motion carried unanimously.                                              (32)

            At the request of the applicant, the City Commission concurred to defer, until September 26, 2000, the rezoning (Z-05-23-00) of approximately 29 acres from PCD-2 (Planned Commercial District) with restrictions to PCD-2 with revised restrictions for Phase 4 of the Target development to allow a Sonic Drive-In.                                                                         (33)

            David Corliss, Assistant City Manager, presented the staff report on the proposed text amendments concerning “unrelated family” definition in the City Zoning Code.  Staff recommended the City Commission initiate two (2) text amendments; the one proposed by Arley Allen and the one proposed by City staff.  Staff recommended this procedure to insure a full notice and hearing on both proposals.  He suggested initiating text amendment language with as few exceptions as possible so exceptions could be added by the Planning Commission and City Commission later in the process.  Corliss reviewed the existing Ordinances and Staff’s proposal reducing the number of individuals not related by blood or marriage to two (2) in RS-1 and RS-2 zoning districts.   The current definition would continue to apply in all other districts. Additionally, Use Group 7 would continue under the four (4) unrelated definitions.  Staff recommended exceptions for caretakers which was appropriate.   The staff proposal required property owners to register non-conforming uses created under the Ordinance.  The legal non-conforming status was lost upon expiration of leases that created the non-conforming status.  In the Allen proposal, there were provisions for a 3 three (3) year amortization of non-conforming uses.  Corliss said there was no statutory authority or prohibition for the gradual elimination of these non-conforming uses.

            Arley Allen, representing Lawrence Association of Neighborhoods, presented a draft Ordinance on reducing the number of unrelated individuals from four (4) to two (2).  He supported the Ordinance by staff, but said their proposal had some significant differences.  Allen suggested under the non-conforming use, staff’s recommendation should include written or unwritten leases because a lot of leases were not written.       Allen said another significant difference in this proposal was to allow neighborhoods to sue as a civil action landlords not complying with the Ordinance.  This would allow for damages and attorney fees if the neighborhood were successful.  He reviewed several other minor distinctions between his Ordinance and staff’s recommendation   

            Marilyn Creeps, University of Kansas Student Senate, said the proposals would drastically affect students.  She encouraged the City Commission to not act upon this Ordinance and allow other Ordinances recently adopted by the City Commission time to work.  Creeps read from the City Code concerning discrimination and suggested the proposed Ordinance would be in conflict with age and familial status.   She said sixty percent (60%) of the University of Kansas students lived off campus and if they were forced to disperse into other living units, that could cause increase traffic problems.  A good number of KU students did live peacefully and quietly in neighborhoods without causing problems.

            Scott Bliss, 612 Elm, said he owns a house and has two (2) friends living in the house with him.  This arrangement allowed him to be a homeowner.  He suggested special accommodations should be made for owner occupants.

            Amy Northrop, 2400 Brett Drive, said she purchased a new home in a new subdivision.  Across the street from them, there was a house with five (5) unrelated women in it.  Their cars, plus the cars of their friends created problems for the neighborhood.  She supported reducing the number of unrelated individuals living in single-family homes. 

            Andrew Bailey, University of Kansas, requested the City send to the Planning Commission a less stringent requirement that was presented by staff or Allen.  He asked for a more liberal position to show the students they had some input into the decision making.   

            Betty Alderson, 1920 Maine, supported the recommended Ordinances in order to stabilize neighborhoods.  This effort was not aimed against students.

            David Hasley, 4801 West 24th, a real estate agent, said young homeowners could not afford homes because of high prices.  There were many issues that caused this problem and he thought there were other ways to handle this dilemma, including enforcing existing Ordinances.

            Mark Lehman, landlord, said if the City reduced the number of people living in these homes, rent would be reduced and property values would decrease.  The landlord would begin losing money and the only alternative was to reduce maintenance.  In some of the neighborhoods, there were fewer children in schools because older people without children were living there.  He asked the City Commission why they were rushed to address this particular aspect of zoning.  He suggested this should be reviewed along with the other zoning and subdivision Ordinances.  Lehman said the greatest impact would be on non-traditional families.  Lehman said this was a complex issue and not easily resolved, especially with this type of Ordinance.

            James Slough, landlord, spoke in opposition to reducing the number of unrelated people living in single-family residents.  The City should enforce the current Ordinances.  Slough was aware of a situation where there were nine (9) people living together in one unit.  He suggested landlords, City and neighborhoods work together to resolve the problem.

            Rundle supported forwarding and initiating these text amendments to the Planning Commission.  It was important to reinvest in neighborhoods and take advantage of existing infrastructure, especially as it related to schools.

            Hodges saw the proposals as a way to stabilize neighborhoods by using homes as single-family units as opposed to multi-family dwelling units.

            Dunfield said if the City was to have single-family zoning, the City needed to define families and how they would support or enforce that definition.  He was concerned what impact this would have on students and their opportunities for housing.  The City Commission needed to review how these changes would affect their choices.  Dunfield said another issue was affordable housing and how this type of Ordinance would fold into affordable housing.  His perception was that more affordable housing was to be found in the older neighborhoods.

            Moved by Rundle, seconded by Dunfield, to initiate and refer to the Planning Commission text amendments concerning “unrelated family” definition in the City Zoning Code as presented by staff and Arley Allen.  Motion carried unanimously.                                  (34)

            Robert Casad, 811 New Jersey, expressed a concern about the process by which water service was discontinued.  He was delinquent by one (1) day and his water was turned off.  The cost of water was a regressive tax and too expensive in Lawrence.

            Mike Wildgen, City Manager, said he was aware of Mr. Casad’s concerns and was in the process of responding to them.

            Moved by Kennedy, seconded by Hodges, to adjourn at 9:45 p.m.  Motion carried unanimously.                                                                    

 

APPROVED:

_____________________________

James R. Henry, Mayor

ATTEST:

___________________________________                                                                        

Raymond J. Hummert, City Clerk


COMMISSION MEETING SEPTEMBER 5, 2000

1.                  Ordinance No. 7264 – designating George Williams Way from 6th to 15th Street as a collector street.

2.                  Ordinance No. 7262 – loan agreement with City & State, KS Water Pollution Control Revolving Fund.

3.                  Ordinance No. 7258 – 2nd  Reading, adopt 2000 version of STO.

4.                  Ordinance No. 7260 – 2nd Reading, tax abatement (Phase II), Sauer Danfoss.

5.                  Ordinance No. 7261 – 2nd Reading, annex .024 acres, R-O-W along Wakarusa, N of Clinton Pkwy.

6.                  Ordinance No. 7259 – 2nd Reading, establishing Municipal Court fines & fees.

7.                  Resolution No. 6221 – order improvement & issuance of GOB for certain City facilities.

8.                  Resolution No. 6222 – find advisable to construct Comet Ln between 6th & 7th.

9.                  Resolution No. 6223 – order construction of Comet Ln between 6th & 7th.

10.              Resolution No. 6224 - find advisable to construct 7th between Comet Ln & Monterey Way.

11.              Resolution No. 6225 - order construction of 7th between Comet Ln & Monterey Way.

12.              Resolution No. 6226 - increase cost for 24th St benefit district.

13.               UPR (Upr-05-06-00) – Lawrence Wastewater Treatment Plant, 1400 E 8th.

14.              Final Plat – Bobwhite Addition, 1.605 acres, S of W 15th, E of Foxfire Addition.

15.              Final Plat – Fox Chase Addition No. 5, 5.405 acres, S of W 6th, W of Branchwood Dr.

16.              Rezone – request from Unincorporated County Zoning to RS-2, W of Monterey Way, N of Stetson.

17.              TSC – “no parking”, 7:00 am – 5:00 pm, Mon – Fri, E side of Alabama between 2dn & 3rd.

18.              TSC – “no parking”, S side of 19th Terr between Emerald Dr & Naismith Dr.

19.              TSC – oppose installation of traffic signal, K-10 & E Hills Dr., support acceleration lane & bridge over K-10.

20.              TSC – “no parking”, E side of street, E of Crestline & N or University Dr.

21.              TSC – “no parking”, W side of Louisiana, from 19th, S 460’, & from 21st, N 300’.

22.              Public Hearing set–  Oct 3, 2000, World Co, proposed skywalk in 600 blk of New Hamp.

23.              Street Closing – Mass, between N & S Parks on Sept 10, 2000.

24.              Mortgage Release – 922 New Jersey, Elsie Freeman.

25.              Mortgage Release – 1037 E Home Cir., Laura Moeller.

26.              Mortgage Release – 1704 Tennessee, Antonio Shephard.

27.              2000 Lawrence Citizen Survey, KU.

28.              Public Hearing – Drainage Easement, 2708 W 27th Terr.

29.              Public Hearing – Drainage Easement, 508 to 544 Salsbury Ct & 2521 to 2557 Stowe Dr.

30.              Draft Ordinance – storm water pollution prevention & requirements for bldg fronting non-curbed streets.

31.              Ordinance No. 7250 – 2nd Reading,  Designating as a collector street,  Stoneridge Dr. from Harvard to Branchwood, W of Wakarusa.

32.              Parkway Plaza PCD – 22nd & Kasold.

33.              Rezone (Z-05-23-00) - 29 acres, from PCD-2 with restrictions to PCD2, Target Development to allow Sonic Drive-In.  (Deferred)

34.              Text Amendment – Unrelated family.