January 16, 2001
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.
Rundle requested amendments to the January 9, 2001 City Commission meeting minutes. He requested on Page 10, after the final paragraph, the following paragraph be added:
In response to Commissioner’s Rundles questions, the representative from DST did not know if DST would have to pay sales taxes on the $550,000.00 of personal property purchased from Sallie Mae or the affect on DST’s net income of receiving $100.00 of personal property tax abatement.
Rundle requested that the following sentence replace the first sentence of his comments on Page 11:
Rundle said he believed this request did not follow the tax abatement policy because the property was already on the tax rolls; the policy indicated only new, personal and real property was eligible; the building has not been vacant for a considerable period of time; the policy specified a limit of fifty percent (50%) abatement and the benefit cost ratio did not meet the City’s initial threshold period.
Moved by Rundle, seconded by Dunfield, to amend the City Commission meeting minutes of January 9, 2001 as requested. Motion carried unanimously.
Moved by Rundle, seconded by Dunfield, to approve the City Commission meeting minutes of January 9, 2001 as amended. Motion carried unanimously.
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to approve the CVB Advisory Board meeting minutes of November 28, 2000. Motion carried unanimously.
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to approve claims in the amount of $1,975,999.60 and payroll from December 31, 2000 to January 13, 2001 in the amount of $1,144,689.25. Motion carried unanimously.
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, Rundle, seconded by Dunfield, to approve the Drinking Establishment Licenses for Abe & Jake's Landing, 8 East 6th Street; 8th Street Tap Room, 801 New Hampshire; West Coast Saloon, 2222 Iowa; and, the Cereal Malt Beverage License (On-Premise) for Chips, 2220 Harper, Suite B; Alvamar, 3000 West 15th Street; and, Hillcrest Amoco, 914 Iowa (All cereal malt beverage licenses are contingent upon departmental approval). Motion carried unanimously.
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to approve agreement with Western Resources in the amount of $10,500.00 for relocation of electric power line in KPL easement for Kasold waterline relocation project. Motion carried unanimously.
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to place on first reading Ordinance No. 7319, annexing approximately 12.54 acres if City owned property north of Oak Hill cemetery. Motion carried unanimously. (1)
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to place on first reading Ordinance No. 7320, rezoning [Z-09-38-00] approximately 32.64 acres from A (Agricultural District) to RS-2 (Single-Family Residence District), located south of N 1700 Rd. and east of E 1000 Rd. Motion carried unanimously. (2)
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to place on first reading Ordinance No. 7321, rezoning [Z-09-41-00] approximately 2.149 acres from B-1 (Neighborhood Business District) to PCD-2 -- Wakarusa Center PCD, located northwest of Clinton Parkway and Wakarusa Drive - Clinton Parkway Nursery. Motion carried unanimously. (3)
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to place on first reading Ordinance No. 7322, rezoning [Z-09-45-00] approximately .76 acres from RS-2 (Single-Family Residence District) and C-4 (General Commercial District) to RM-1 (Multiple-Family Residence District), located east of Silicon Ave. at Crosswinds Ct. Motion carried unanimously. (4)
Ordinance No. 7314, rezoning [Z-01-01-00] approximately 8.719 acres from RO-2 (Residence-Office District) to PRD-2 (Planned Residential Development), located southwest of Clinton Parkway and Kasold Drive, west of the medical buildings, was read a second time. As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to adopt the ordinance. Aye: Dunfield, Henry, Hodges, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (5)
Ordinance No. 7315, rezoning [Z-09-40-00] approximately 11.75 acres from R-1 (County Single-Family Residence District) to RS-2 (City Single-Family Residence District), located west of Monterey Way and north of Stetson Drive, was read a second time.
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to adopt the ordinance. Aye: Dunfield, Henry, Hodges, Kennedy, and Rundle. Nay: None. Motion carried unanimously. (6)
Ordinance No. 7316, rezoning [Z-09-42-00] approximately 6,116 sq. ft. from M-1 (Research Industrial District) to RO-2 (Residence-Office District), located at 944 E. 19th Street, was read a second time.
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, 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 Hodges, seconded by Rundle, to adopt Resolution No. 6266, declaring 1600 West 4th Street unsafe and dangerous and giving the property owner twenty (20) days to repair or demolish. Motion carried unanimously. (8)
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to adopt Resolution No. 6267, amending Resolution No. 6137 concerning the method of assessment for 24th Street, Inverness to Crossgate Drive. Motion carried unanimously. (9)
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to approve the site plan (SP-11-76-00) for K-Mart Distribution Center, located at 2400 Kresge Road, subject to the following conditions:
1. Recording of the final plat prior to the release of the site plan for issuance of a building permit.
2. Execution of a site plan performance agreement;
3. Provision of a revised site plan to include a revised driveway radius for the west side of the driveway not to exceed 25' per the City Engineer's approval.
4. Provision of a revised site plan to provide a summary of the total number of off-street vehicle parking spaces, total number of employees at the largest shift, and the total number of truck parking spaces.
5. Provision of note regarding the parking summary as follows: "off-street parking requirement established at 1 space per 1.5 employees per B-12-36-87."
6. Approval of the photometric plan prior to release of the Site Plan.
Motion carried unanimously. (10) As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to initiate proposed Horizon 2020 text amendment concerning health facilities and refer to Planning Commission for recommendation. Motion carried unanimously. (11)
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to authorize Mayor to sign a Subordination Agreement for Mary and A. B. Rials, located at 912 Rhode Island. Motion carried unanimously. (12)
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to authorize distribution of Request for Proposals for City towing services. Motion carried unanimously. (13)
Dunfield asked for clarification on the Transportation Improvement Program.
Linda Finger, Planning Director, said the Transportation Improvement Program was a chronological plan for the engineering, construction and financing of transportation projects within the Lawrence urbanized area. The TIP included all projects that were anticipated to receive Federal Funds and all other regionally significant transportation projects. It was a compilation of all of the different Capital Improvements proposed by the City and County. This compilation was more of a wish list which would ultimately be implemented by funding in the Capital Improvement Budget. For example, Learnard Street was identified in the Transportation Improvement Program because the City Engineer continued to recommend improvements to substandard streets within the community. It was not found in the City’s Capital Improvement Program or budget.
Finger said the cost of bicycle lanes on 15th and 19th Street were calculated using a regular complex formula. Factors considered were length of the section of road, the right-of-way required and the suitability of existing pavement conditions. These particular lanes were rather inexpensive because there was sufficient road width along both 15th and 19th Street and the on-street parking was already removed. The only cost these projects were to incur were signing, road striping and signage graphics.
Finger said Items 103 and 113 and 103 and 114 were duplicates. They refered to items listed in the 2000 TIP and would be deleted.
The improvements to 31st Street were listed in many different areas of the TIP. This was because the project was divided into several segments.
On item 129, Louisiana Street Calming, only one item was scheduled in the TIP for improvement with three (3) phases to the project. The City was planning to make Phase 1 and Phase 3 improvements this year which were sidewalk enhancement and pedestrian safety areas. Staff thought the grant from KDOT would have a better chance of being approved by leveraging this portion of the project. The City was leveraging the local projects in one (1) application for funding of Phase II improvements which included the roundabout. All three (3) phases were included in the application to KDOT.
Michael Almon said bike lanes have been in the works for over twenty-five (25) years. At the present time, only one percent (1%) of the total budget for transportation was allocated to improving bicycle lanes. He asked to shift priorities and raise the amount of funds allocated for bicycle lanes. Bicycle lanes on streets would serve as a traffic calming mechanism. He recommended bike lanes on 6th Street from Maine to Tennessee which would create approximately eight (8) blocks of bicycle lanes on that street. That would be a good start. Almon recommended significant improvements, including the possibility of an overpass for the 21st Street bike lane. He said 21st Street provided great access to the biking community, but had problems when reaching 21st Street. Almon suggested using Rails to Trails Fund to complete the Rails to Trails projects on the Burlington Northern Santa Fe right-of-way and paying the co-op the differential between transporting grain and fertilizer by truck as opposed to rail.
Almon recommended the City purchase fuel cell power buses for its transportation system instead of diesel because fuel cell buses have zero pollution. He also recommended traffic circles over traffic signals as traffic calming devices because they allowed traffic to continual movement at a lesser rate of speed which was advantageous for pedestrians. Almon supported an eastern bridge over the Kaw River to be completed as soon as possible which should be as close to Eudora as possible in case the Eudora Bridge was closed and which allowed this bridge to serve dual purposes.
Rundle asked if the Bicycle Advisory Board was involved in the Planning process.
Finger said “yes” the Bicycle Advisory Board and the Planning Commission were involved in reviewing the Bicycle Plan and recommendations.
Rundle supported increasing the priority for bicycle traffic lanes because high tech companies look at bicycle lanes as a quality of life issue. Additional bike lanes would be beneficial for high tech Economic Development.
Moved by Dunfield, seconded by Kennedy, to receive the Planning Commission's adopted Transportation Improvement Program (TIP) 2001-2005. Motion carried unanimously.
(14)
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to authorize Mayor to sign letter to the State of Kansas Pool Money Investment Board (PMIB) requesting continued investment powers pursuant to State law. Motion carried unanimously. (15)
As part of the consent agenda, it was moved by Hodges, seconded by Rundle, to approve rental rates for the Union Pacific Depot. Motion carried unanimously. (16)
Linda Finger, Planning Director, said an agreement to plat for property located at 1515 East 11th Street was not necessary. The proposed improvements to the building would be within the existing footprint and therefore not required a plat. The City Commission did not have to take any action on this item and the repairs could proceed. (17)
Mike Wildgen, City Manager, presented the staff report on the bids for Fire/Medical Station No. 2 to be located at 2128 Harper Street. Eleven (11) bids were received and the low bid of $1,447,000.00 received from Champion Builders was below the architect’s estimate of $1,805,000.00. The bid included the eight (8) alternates which were all deducted amounts and since the bid was below the architect’s estimate, staff was recommended approval of the base bid.
Moved by Rundle, seconded by Kennedy, to approve the low bid from Champion Builders in the amount of $1,477,00 and authorize City Manager to execute an agreement for the construction of Fire/Medical Station No. 2 at 2128 Harper Street. Motion carried unanimously.
(18)
Patrick Knorr, General Manager, Sunflower Cable Vision, requested the City enter into negotiations with Sunflower Cable Vision to obtain franchising rights to supply telecommunications services to business and residential customers in Lawrence. The franchise would be in the name of World Net, L.L.C. The plan was to provide telecommunication services through the fiber/coax distribution system of the World Company.
Rundle asked if other cable companies were providing this type of service.
Knorr said that several Coax Communication Service Franchises were providing this type of service in other States. They were planning this service in several Kansas Communities, but it was not yet implemented.
Rundle asked the number of new employees required for this service.
Knorr estimated twenty (20) new people would be hired.
Rundle asked if the Franchise Agreement would regulate rates.
Mike Wildgen, City Manager, said previous Franchise Agreements did not have a rate regulation section.
Dunfield said the National League of Cities Conference had several programs concerning Franchise Agreements and telecommunications. He recommended the NLC as a resource in developing the Franchise Agreement.
Wildgen said both the NLC and the Kansas League of Municipalities would be used as resources.
Moved by Kennedy, seconded by Hodges, to direct staff to prepare a Draft Franchise Agreement with the City and Sunflower Cable Vision, to provide telecommunications services in the City doing business as World Net, L.L.C. Motion carried unanimously. (19)
Barbara Clark, a member of the Steering Committee for Farmer’s Market Relocation and Improvement Committee, requested the City Commission consider improving the parking lot in the 800 Block of New Hampshire to accommodate the Lawrence Farmer’s Market. In order to accommodate the long-term parking on that lot, the Farmer’s Market would move their opening time on Tuesday and Thursday to 5:30 or 6:00. Sixty-Three Percent (63%) of the current vendors at the market supported this change. Clark said starting at a later time would miss the heat of the day and assist in attendance. She knew another issue was funding. Clark said at least one (1) County Commissioner expressed interest in funding this project.
Hodges expressed a concern about using this long-term lot on Saturday mornings which would mean employees downtown would need to find other places to park.
Rundle asked if the cost estimate was current.
Janet Smelter, Architect, said the $284,000.00 included design cost and construction. At this time, this cost was a little low because of additional cost of construction and the cost of developing the new structures on the existing parking lot improvements.
Rundle asked if the Farmer’s Market was eligible for a grant from the Commerce Department.
Clark said “no” because they would have to draw people to the market from a five hundred (500) mile radius.
Hodges asked why they selected that particular lot for the improvements.
Clark said because of the size of lot, retraining the market downtown, the proximity to other parking areas and it was an area they thought would be best.
Hodges asked if the DLI supported the project.
Clark said in the letter requesting this project to be included in the Capital Improvement Program, DLI sent a letter supporting the project.
Rundle asked if a survey of the parking lot was done.
Clark said in the evening few cars were in the lot after 5:00 p.m. She has not reviewed the lot on Saturday mornings to see the number of vehicles using the area.
Rundle asked if DLI had concerns about loosing parking in the lot.
Clark said the DLI had a concern with closing the lot early on Tuesday and Thursday. There was no mention of concerns for Saturday morning.
Rundle thought that with the Farmer’s Market being flexible, it was possible to co-exist with the parking needs.
Henry asked why the area across the street from the Visitor’s Center in North Lawrence was not considered.
Clark said that lot was considered, but it was not in the main Downtown business area and the lot was smaller than the current lot.
Rundle asked what the impact would be on the General Obligation Bonding Authority of the City.
Mike Wildgen, City Manager, said it was not in the CIP Budget for this year and adding it would have a site bump in what the City was planning for future years.
The City Commission concurred to direct staff to refer this item to DLI and the Parking Advisory Board for a recommendation and to see if Douglas County was interested in funding the project.
Rundle thought the location had a lot of potential and suggested the Farmer’s Market Group explore how other communities deal with these issues and how they co-existed. (20)
Fred Devictor, Parks and Recreation Director, presented the recommendation from the Parks and Recreation Advisory Board supporting an off-leash park on the Clinton Lake lease property on a trial basis. Devictor said the thirty (30) to forty (40) acre site was north of the Clinton Lake Spillway and east of the old campground. It was bordered by roads and wooded creek beds. Staff worked with a committee throughout the process and that committer supported the proposal. The Committee included representatives of Douglas County Veterinarians Society, The Lawrence Humane Society, Corp of Engineer’s, Dog interest groups and the Police Department. Devictor said the site would be developed on a trial basis and staff would evaluate its use. The restroom would be a portable model and could be moved to another location if needed. Dunfield asked if there was any conflict between the use of this proposed area and the Comprehensive Plan for the area.
Devictor said the overall Master Plan was not completed and he did not anticipate a conflict with the plan. If there was, this area could be relocated.
Hodges asked about liability for the site.
Devictor said it would be similar to the Skate Park and dog owners would use the site at there own risk.
Stephanie Smith, a member of the Advisory Committee, said this project would be a benefit to the entire community. It would reduce loose dogs in other parks, show responsible pet ownership and provide good social opportunities for pet owners.
William Dann spoke in opposition to the project. He did not think public funding should be used for this type of activity. He recommended the animal owners get together, pool their resources, and purchase a property for this use.
Kristi Bradley, Douglas County Veterinarian Association, said her group supported the proposal as well as the Lawrence Humane Society.
Rundle said there was community wide support for this project.
Moved by Hodges, seconded by Rundle, to direct staff to continue work on developing an off-leash dog park in the Clinton Lake area. Motion carried unanimously. (21)
Rundle presented information concerning a grant locator service. The service would cost $3,500.00 with an initial discount of fifteen percent (15%). This would allow (5) users on the system.
Hodges asked how the City currently received information about grants.
Mike Wildgen, City Manager, usually grants were discovered by individual departments. There was no centralization of review.
Rundle suggested the United Way may be able to use the website to find grants available for non-profits.
The City Commission concurred to direct staff to contact the County, School District and United Way to see if there were interest in supporting this cost.
Henry said three (3) years ago, the City Commission hosted a reception honoring the people serving on the City’s Commission and Boards. He asked if the City Commission was interested in providing a reception for current Board and Commission Members.
The City Commission concurred to direct staff to proceed for providing a reception for City Commission and Board Members.
Kennedy asked the status of locating newspaper vending machines in the Downtown area.
Mike Wildgen, City Manager, said he was reviewing an Ordinance by Coral Gables, Florida on newspaper vending machines. He had a two (2) page list of representative from various organizations representing the newspaper vendors. Once an Ordinance was developed, the Ordinance would be sent to those people for their review and comments.
Moved by Kennedy, seconded by Hodges, to adjourn at 8:15 p.m. Motion carried unanimously.
APPROVED:
_____________________________
James R. Henry, Mayor
ATTEST:
___________________________________
Raymond J. Hummert, City Clerk
COMMISSION MEETING JANUARY 16, 2001
1. Ordinance No. 7319 - 1st Reading, annex 12.54 acres, N of Oak Hill cemetery.
2. Ordinance No. 7320 - 1st Reading, Rezone 32.64 acres, A to RS-2, S of N 1700 Rd & E of E 1000 Rd.
3. Ordinance No. 7321 - 1st Reading, Rezone 2.149 acres, B-1 to PCD-2, NW of Clinton Pkwy & Wakarusa.
4. Ordinance No. 7322 - 1st Reading, Rezone .76 acre, RS-2 & C-4 to RM-1, E of Silicon Ave. at Crosswinds Ct.
5. Ordinance No. 7314 - 2nd Reading, Rezone, 8.719 acres, RO-2 to PRD-2, SW of Clinton Pkwy & Kasold.
6. Ordinance No. 7315 - 2nd Reading, Rezone 11.75 acres, R-1 to RS-2, W of Monterey Way & N of Stetson.
7. Ordinance No. 7316 - 2nd Reading, Rezone 6,116 sq. ft., M-1 to RO-2, 944 E 19th.
8. Resolution No. 6266 – Declare Unsafe & Dangerous, 1600 W 4th.
9. Resolution No. 6267 – Assessment Method for 24th St, amend Resolution No. 6137.
10. Site Plan – (SP-11-76-00), K-Mart Distribution Ctr, 2400 Kresge Rd.
11. Horizon 2020 - Health facilities, amend.
12. Subordination Agreement - 912 Rhode Island, Rials
13. RFP - City towing services.
14. TIP 2001-2005 - Discussion
15. State of KS PMIB.
16. Union Pacific Depot – Rental Rates
17. Agreement to Plat - 1515 E 11th.
18. Construction Bid – Fire/Medical Station No. 2, 2128 Harper, Champion Builders for $1,477,000.
19. Draft Franchise Agreement - Telecommunications Svcs, Sunflower Cable (World Net)
20. Farmer’s Market – Parking issues & funding, 800 block of New Hampshire.
21. Off-leash Dog Park.