December 12, 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.  Student Commissioners May and Andyshak were present.

With Commission approval Mayor Henry recognized Mara Shea Clark for her efforts in helping an elderly citizen.  Pat Weaver, Chair, Bicycle Advisory Committee presented the  League of American Bicyclists Recognition for Lawrence being a Bicycle-Friendly Community.

Mayor Henry requested an amendment to the City Commission meeting minutes of December 5, 2000.  In his discussion on the unrelated family issue, the wording should be that he “reminded” the City Commission on the upcoming meeting instead of “ informed” the City Commission on the upcoming meeting.  The word “informed” should be deleted.   

Moved by Rundle, seconded by Dunfield, to amend the City Commission meeting minutes of December 5, 2000, as requested.  Motion carried unanimously,

Moved by Rundle, seconded by Dunfield, to approve the City Commission meeting minutes of December 5, 2000, as amended.  Motion carried unanimously.                       

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, the Planning Commission meeting minutes of November 15, 2000; the Historic Resources Commission meeting minutes of August 17, September 21 and October 19, 2000; the Lawrence Arts Commission meeting minutes of November 8, 2000; the Lawrence Housing Authority meeting minutes of October 24, 2000; the Public Transit Advisory Committee meeting minutes of November 9, 2000; the HAND Advisory Committee meeting of November 16, 2000; and, the Practitioner's Panel meeting minutes of November 16, 2000.   Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve claims in the amount of $2,431,260.88.  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve the Drinking Establishment Licenses for The Bluejacket, located at 811 New Hampshire (New License, C-3 Zoning Requirement).  Motion carried unanimously.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to award the sole bid for Indoor Aquatic Center equipment to United Industries, in the amount of $41,016.90.  Motion carried unanimously.

The City Commission reviewed the bids for new carpeting for the 3^rd and 4^th floors of the City Hall.  The bids were:

 

                As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to award the bid to Bud Jennings Carpet One, Inc., in the amount of $22,500.00.  Motion carried unanimously. 

            The City Commission reviewed the bids for a chemical storage tank for Utilities Department.  The bids were:

            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to award the bid to Bud Jennings Carpet One, Inc., in the amount of $18,588.25.  Motion carried unanimously.  

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to place on first reading Ordinance No. 6311, annexing (A-06-12-00) approximately 12.441 acres, property located at the northwest corner of East 31^st Street (extended) and O'Connell Road.  Motion carried unanimously.                                                                                                                 (1)

Ordinance No. 7305, rezoning [Z-05-17-00] approximately 10.561 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), property located west of Wakarusa Drive, south of N 1700 Rd., was read a second time.                                                      

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                          (2)            Ordinance No. 7306, rezoning [Z-05-18-00] approximately 40.84 acres from A (Agricultural District) to RS-1 (Single-Family Residence District), property located west of Wakarusa Drive, south of N 1700 Rd., was read a second time.

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

Ordinance No. 7307, rezoning [Z-05-21-00] approximately 3.02 acres from A (Agricultural District) to PRD-1 (Planned Residential District), property located west of Wakarusa Drive, south of N 1700 Rd., was read a second time.

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

Ordinance No. 7308, rezoning [Z-06-30-00] approximately 17.068 acres from A (Agricultural District) to RM-D (Residence-Duplex District), property located south of the Kansas Turnpike, west of Kasold Drive, was read a second time.

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

Ordinance No. 7309, rezoning [Z-06-31-00] approximately 16.633 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), property located south of the Kansas Turnpike, west of Kasold Drive, was read a second time.

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

Ordinance No. 7310, rezoning [Z-09-36-00] approximately 1.377 acres from M-3 (Intensive Industrial District) to RO-2 (Residence-Office), property located at 622-626 Locust in N. Lawrence, was read a second time.

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Henry, Hodges, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                         (7)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to adopt Resolution No. 6254, accepting the bid for construction of Riverridge Road from North Iowa to North Michigan Street, including waterline, sidewalk, and stormwater improvements to Emerson Construction, Inc., in the amount of $1,277,406.89 with a City share of $528,172.06.  Motion carried unanimously.                                                                                                          (8)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to adopt Resolution No. 6255, authorizing the sale of E and E Specialties, Inc. property to the tenant and executing the special warranty deed and bill of sale for redemption of Industrial Revenue Bonds issued for E and E Specialties.  Motion carried unanimously.                          (9)            As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve TUPR-11-55-00 Temporary Use Permitted upon Review for stockpiling of dirt at 622-626 Locust St. in N. Lawrence subject to the following conditions:

1.                  All additional soil shall be removed from Lot 8 and this lot graded smooth by February 12, 2000; and,

2.                   Mud resulting from the placement or removal of topsoil in the proposed JMC Subdivision No. 2 shall be cleaned from North 6^th Street and Locust Street on a daily basis.

Motion carried unanimously.                                                                                                         (10)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve Site Plan SP-07-52-00 for expansion of the Lawrence/Douglas County Law Enforcement Center, located at 111 E. 11^th St., subject to the following conditions:

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

2.         The following revisions to the Site Plan:

a.         A note be placed on the face of the Site Plan stating “ The owner shall install and maintain STOP signs at all exit points from the site to public streets”;

b.                    Change the date of the HRC approval to September 17, 2000; and,

c.         The sidewalk along 11^th Street be shown as 6 feet width and the sidewalk along Rhode Island be shown as 5 feet in width.

Motion carried unanimously.                                                                                                      (11)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to refer the request to the Planning Commission to annex approximately 50.759 acres of City owned property west and north of Kasold and 31^st Street.  Motion carried unanimously.           (12)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to approve a variance allowing for a single water meter at 1942 Stewart Avenue, Buildings A & H.  Motion carried unanimously.                                                                                                         (13)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to receive staff report regarding Historic Resources Commission action on the alley vacation request for the East ½ of the East-West alley between Illinois and Alabama Street and not to proceed with additional historic review of proposed vacation.  Motion carried unanimously.     (14)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to authorize the Mayor to sign Releases of Mortgage for Susan and Jack Mercer, 1045 E. Home Circle.  Motion carried unanimously.                                                                                            (15)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to authorize the Mayor to sign Releases of Mortgage for Kathleen Braun, 804 Crestline Drive.  Motion carried unanimously.                                                                                                      (16)

As part of the consent agenda, it was moved by Rundle, seconded by Dunfield, to refer the cost-benefit analysis for a request from DST for IRB’s and a Tax Abatement to the Administrative Review Committee.  Motion carried unanimously.                                               (17)

Mayor Henry called a public hearing on the proposed use of Federal Law Enforcement Grant Funds.

Ron Olin, Chief of Police, presented the staff report for the proposed use of Federal Law Enforcement Grant Funds.  The Lawrence Police Department was eligible for $55,457.00 in Federal Funds.  As in the past, the Police Department wanted to use these funds to finish the radio network and provide expansion of the Police Departmental’s Network Connection.  There was a local match requirement of $6,161.89.  The Citizens Advisory Board recommended approval of this project.

  

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

Moved by Hodges, seconded by Rundle, to approve the use of Federal Law Enforcement Grant Funds in the amount of $55,457.00 for purchasing radio equipment.  Motion carried unanimously.                                                                                                                     (18)

Sheila Stogsdill, Assistant Planning Director, presented the staff report and the Planning Commission’s recommendation on the proposed amendment to the City’s Zoning Code for the definition of “family” in single-family zoning districts.  The Planning Commission voted five (5) to three (3) to recommend denial of both text amendments referred to them by the City Commission.  The general feeling of the Planning Commission was there was a lot of discussion on behavioral issues.  The Planning Commission thought this was not the appropriate tool to deal with this type of issue.

Debra Snyder, 1909 Maine, representing the Centennial Neighborhood, said this was a land-use issue.  The current Ordinance was failing in meeting its intended purpose.  The various neighborhoods failed to identify before the Planning Commission that this was a zoning issue and not a behavioral issue.  Reducing the number of two (2) unrelated individuals was not an arbitrary number, but a number that was based on economics and reality.  She presented information on the economics of renting a single-family unit to multiple people.  Snyder requested limiting the number of two (2) unrelated individuals and to include in the Ordinance, Landlord Registration.  Single-Family Units cannot compete with the economics of renting to multiple people.  She presented a map of the Centennial Neighborhood and identified the rental units within the neighborhood.  The existing definition of unrelated individuals lead to defacto multi-family zoning.

Bill Mitchell, 1201 Emery Road, supported reducing the number of unrelated individuals from four (4) to two (2).  He explained the impact on his neighborhood of a single-family home as a rental to four (4) individuals.  The unit had a negative impact on the neighborhood.  He urged the City Commission to change the Ordinance and increase enforcement.  Mitchell suggested this was the only section of the code of which the burden of proof was on the neighbors.

Carol Bowen, 403 Dakota, said rental units were spreading throughout the community.  She presented a map showing the number of rental units in her neighborhood.  She supported a change.

Bob Schulte and Marci Francisco, former City Commissioners and Mayors, presented a letter from ten (10) former Mayors and two (2) former County Commission Chairs supporting the reduction of unrelated individuals from four (4) to two (2).  This problem of renting to multiple individuals in single-family units was a problem in both older and newer neighborhoods.  Schulte suggested if the City Commission cared for neighborhoods, they would adopt the new definition.

Scott Henderson, 4817 West 25^th Street, said by definition, people renting these units were business people.  Both the IRS and the Kansas Department of Revenue identify these units as businesses.  Within his area of 166 single-family units, thirty (30) of those were rental units.  He urged the City Commission to make a difference in saving neighborhoods by enacting the change.  Henderson saw these rental units as being no different than a seven 7 –11 in the neighborhood.

Betty Alderson, 1920 Maine, said this was a land-use issue.  Real Estate marketing efforts sometimes show the economic benefit of using single-family homes for multi-rental units.  It was not only a Lawrence problem but a national problem being addressed by many communities.

Dale Kring, 713 West 21^st Street, representing the Schwegler Neighborhood, presented a map showing that of the 379 single-family units in their neighborhood, 142 were rental.  He presented data on the negative impact of population shifts on elementary schools in the area.  Kring supported the change from four (4) to two (2) unrelated individuals residing in single-family homes.

James A. Slough, 808 Broadview, said the proposed change would not have an impact on the problem.  There was no effective enforcement of the existing law.  He encouraged landlords to be notified of violations identified by the Police and/or neighbors.  Slough recommend dependable and consistent enforcement of existing Ordinances.

Kennedy asked Slough how many of his units were rented to families.  Slough said approximately 1/3 of the units.

Jeanne Ellermeier, 824 Greever Terrace, representing the Indian Hills Neighborhood, presented a map showing the number of rental units in single-family units.  She presented data on the negative impact at broken arrow school and the declining enrollment in the neighborhood.  The homes in several areas of the neighborhood were not expensive homes and landlords had taken advantage of the regulations to maximize profits.  Participation in the neighborhood activities by the owners of the rental unit was minimal.

Mark Lehman, said everyone agreed that changing the definition of family was contentious.  A lot of people differ on the solution.  He requested the City Commission follow the recommendation of the Planning Commission and not adopt the change.  He suggested the East Lawrence Rehabilitation Plan be used for a model for other neighborhoods to deal with this problem.  Lehman urged the City Commission to give the East Lawrence Revitalization Plan and its efforts concerning rental units, time to work.

Kennedy asked the number of rental units that Lehman rented to single-families.  Lehman said approximately 1/3 of his units were rented to single-families. 

Bob Ebey, 1908 East 19^th Street, said more landlords were not present because they were urged to stay away unless they had new information.  Three (3) of his fourteen (14) units were rented to individual families.

Bob Blaine presented data on enrollment of students in elementary schools for the last seven (7) years.  The number of elementary students remained almost the same, but at the same time, the school district had to build three (3) new schools because of the location of these students.  He presented a map showing the migration of elementary students from neighborhoods in the central part of the City to outlining areas.

Adam Mansfield said he lived with an owner and three other unrelated individuals.  He questioned what would happen to him if the number of unrelated individuals were reduced.  The new Ordinance would create more problems than resolve problems.

Arley Allen, 1101 West 21^st Street, said this was a land use issue.  The City has large groups of people living in buildings which were designed for single-family use.  He said various people presented the impact this has had on schools within the City and the neighborhoods.  The change would only be for single-family zoning districts with no impact on multi-family unit districts.  Arley urged the City Commission to preserve single-family neighborhoods by making the change.

Wilford Grammer supported using the Revitalization Plan as a way to impact this problem.  He suggested better enforcement of existing Ordinances.

Kennedy said within the community, about fifty percent (50%) of the units were rental units.  About 1/3 of those units were rented to families.  Kennedy said the City did not know the number of rental units that were rented to families and suggested the City Commission needed to know that figure.  Kennedy supported reducing the number of unrelated individuals from four (4) to three (3). 

Henry supported reducing the number of unrelated individuals to two (2), but could be swayed to increase that number to three.

Dunfield said stabilizing single-family neighborhoods was essential.  The housing stock was not a disposable commodity.  He supported reducing the number of unrelated individuals to two (2) with a definition that would take into account non-traditional family structures.  Dunfield asked the phrase “domestic partnership” be reviewed and refined.  The City Commission needed to review closely the exceptions presented by staff.  The change in definition of “unrelated individuals” would be the strongest way to demonstrate the support for single-family neighborhoods and what those neighborhoods were about.

Rundle said this was a land-use issue.  The City Commission was dealing with the character of single-family zoning districts.  Rundle supported changing the number of unrelated individuals from four (4) to two (2).  He asked staff to better research the right of property owners to sue if there was a violation.  He also requested a review of the definition of domestic partnership.  On caregivers, Rundle suggested using wording that would not just include trained professionals.  Many caregivers were not professionally trained.

Hodges said the existing definition was not working.  He saw a growing industry changing individual homes from single-family units to multi-family units.  Hodges originally supported changing the number of unrelated individuals to three (3).  After review, and information this evening, he thought a lesser change might not affect the outcome.  He supported the smaller number of two (2) in order to make a difference and the registration of rental property and landlords.  He suggested giving property owners one (1) year to comply with the new Ordinance.                                                          

Rundle suggested a three (3) year phasing-in to recognize the investment people had in these properties.  He supported property registration, better inspection and enforcement.  Rundle emphasized the importance of the definition of caregiver.

Kennedy requested the Ordinances be divided between reducing the number of unrelated individuals and property/landlord registration.

Moved by Hodges, seconded by Rundle, to change the number of unrelated individuals living in single-family zoning districts from four (4) to two (2) unrelated individuals.  Aye:  Henry, Dunfield, Hodges and Rundle.  Nay:  Kennedy.  Student representatives:  Aye.  Motion carried

Moved by Hodges, seconded by Dunfield, to direct staff to present a report and Ordinance on landlord registration requirements.  Motion carried unanimously.                      (19)

The City Commission concurred to bring an Ordinance concerning the unrelated individuals back to the agenda in late January with refinements in the definition of “caregiver”, “domestic partners”, “the right of action” or litigation by neighboring property owners  and a three (3) year grandfathering of current units 

            Moved by Rundle, seconded by Dunfield, to adjourn at 8:11 p.m.   Motion carried unanimously.                                                                                 

 

 

APPROVED:

                                                                       

_____________________________

James R. Henry, Mayor

ATTEST:

 

 

___________________________________                                                                       

Raymond J. Hummert, City Clerk

CITY COMMISSION MEETING

DECEMBER 12, 2000

1.                  Ordinance No. 6311 - 1^st Reading, Rezone 12.441 acres, NW corner of E 31^st St. & O'Connell Rd.

2.                  Ordinance No. 7305 - 2^nd Reading, Rezone 10.561 acres, A to RS-2, W of Wakarusa Dr., S of N 1700 Rd. in Westwood Hills.

3.                  Ordinance No. 7306 - 2^nd Reading, Rezone 40.84 acres, A to RS-1, W of Wakarusa Dr., S of N 1700 Rd. in Westwood Hills.

4.                  Ordinance No. 7307 - 2^nd Reading, Rezone 3.02 acres, A to PRD-1, W of Wakarusa Dr. S of N 1700 Rd. in Westwood Hills.

5.                  Ordinance No. 7308 - 2^nd Reading, Rezone 17.068 acres, A to RM-D, S of the Kansas Turnpike, W of Kasold Dr.

6.                  Ordinance No. 7309 - 2^nd Reading, Rezone 16.633 acres, A to RS-2, S of the Kansas Turnpike, W of Kasold Dr.

7.                  Ordinance No. 7310 - 2^nd Reading, Rezone 1.377 acres, M-3 to RO-2, 622-626 Locust in N. Lawrence.

8.                  Resolution No. 6254 – Bids for construction of Riverridge from N Iowa to N Mich to Emerson Construction for $1,277,406.89.

9.                  Resolution No. 6255 - Authorizing sale of E and E Specialties, Inc. property to the tenant.

10.              TUPR - TUPR-11-55-00, 622-626 Locust St. in N. Lawrence.

11.              Site Plan - SP-07-52-00, expand Lawrence/Douglas County Law Enforcement Center, located at 111 E 11^th St.

12.              Annex - Approximately 50.750 acres, W and N of Kasold and 31^st St.

13.              Variance - allow single water meter, 1942 Stewart Avenue, Building A & H.

14.              Vacation- East ½ of the East-West alley, between Illinois and Alabama Street, alley.

15.              Release of Mortgage - Susan and Jack Mercer, 1045 E. Home Circle.

16.              Release of Mortgage - Kathleen Braun, 804 Crestline Drive.

17.              Cost-Benefit Analysis – From DST for IRB’s and Tax Abatement.

18.              Federal Law Enforcement Block Grant- Funds for radio equipment purchases.

19.              Unrelated individuals living together as a single housekeeping unit in RS districts.