May 8, 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 Rundle presiding and members Dunfield, Hack, Henry and Kennedy present. 

Mayor Rundle recognized the City of Lawrence Utilities Department Collection Systems Operation Division for receiving the Kansas Water Environment Association Category 3 Award.

With Commission approval, Mayor Rundle proclaimed the week of May 6 - 12, 2001 to be "National Tourism Week"; the week of May 13 - 19, 2001 as "Historic Preservation Week”; proclaimed Tuesday, May 15, 2001 to be "National Peace Officers Memorial Day"; and the week of May 13 - 19, 2001 to be "National Peace Officers Memorial Week"; and, May 12 - November 10, 2001 as "Downtown Lawrence Farmers Market Season."

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the City Commission meeting minutes of May 1, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve claims in the amount of $3,207,694.72 and payroll from April 22, 2001 to May 5, 2001, in the amount of $1,148,370.63.  Motion carried unanimously. 

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Board of Zoning Appeals meeting minutes of April 5, 2001; the Practitioner's Panel meeting minutes of April 19, 2001; and, the Lawrence/Douglas County Housing Authority meeting minutes of February 20, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to waive bidding requirements and select as a sole source vendor Instituform Technologies USA for sanitary sewer rehabilitation projects, in the amount of $385,358.54.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the sole bid for two (2) grit washer units for the Utilities Department to Parkson Corporation, in the amount of $147,555.00.  Motion carried unanimously.

Ordinance No. 7354, annexing (A-02-02-01) approximately 20.259 acres, located east of Queen's Road south of Wakarusa Drive (extended), was read a second time.       

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Henry, Hack, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                     (1)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to refer to the Planning Commission a recommendation for the proposed annexation of approximately 20.45 acres, located K-10 and East Hills Business Park.   Motion carried unanimously.             (2)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve payment to the Kansas Department of Revenue, in the amount of $57,916.00 as required by recent sales tax audit.  Motion carried unanimously.                                                     (3)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to execute a deed, transferring one (1) lot on Atherton Court to Habitat for Humanity.  Motion carried unanimously.                                                                                         (4)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the annual Tax Abatement Report; and, refer the report to Administrative Review Committee and Tax Abatement Task Force.  Motion carried unanimously.                             (5)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to sign a Release of Mortgage for Lena Johnson, 817 Mississippi.  Motion carried unanimously.                                                                                                                      (6)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to sign a Release of Mortgage for Ramon Garcia, 333 Elm.  Motion carried unanimously.                                                                                                                                  (7)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to sign a Subordination Agreement for Robert and Debra Morgan, 907 Ward.  Motion carried unanimously.                                                                                             (8)

            Phil Strubble, representing the East Hills Business Park Development, said his letter requesting the formation of a benefit district for sanitary sewer improvements to serve the southerly portion of East Hills Business Park asked for the City to spread five percent (5%) of the cost of the assessments with the remaining to be paid once the parcels of land sold.  The previous process by which sanitary sewers were built in East Hills required no spreading of the special assessments initially with the cost to be paid back once the parcels were sold.  He requested the City Commission approve that process and direct staff to prepare the petition and Resolution for formation of the benefit districts.

            Moved by Kennedy, seconded by Hack, to receive a letter requesting formation of a benefit district for sanitary sewer improvements to serve the southerly portion of the East Hills Business Park with none of the cost spread on the property and the cost of the improvements being paid once the parcels of land were sold and direct staff to prepare the petition.  Motion carried unanimously.                                                                                                                    (9)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the City Manager to execute an engineering design contract for additional services in the amount of $20,000.00 for Clinton Parkway and Hawthorn Drive Geometric and Traffic Signal Improvements.  Motion carried unanimously.                                                                          (10)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendation to approve the Final Plat (PF-03-08-01) of lots 4, 5 and 6, Block 2, East Hills Business Park is a 3-lot industrial plat containing 12.120 acres, located between K-10 Highway and Greenway Drive, east of East Hills Drive, 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.                  Topography indicates that Lots 5 and 6 both have drainage paths from K-10 crossing the lot.  Provide drainage easements for conveyance of upstream drainage.  Submit plan view information to substantiate drainage easement issues.

b.                  Provide minimum floor elevations for lots adjacent to drainage easements.

c.                  Correct Mayor's name on signature line.

2.                  Execution of a Temporary Utility Agreement.

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

4.                  Provide proof 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.

Motion carried unanimously.                                                                                             (11)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to execute certification to the Kansas Department of Transportation for real property acquisition procedures for the improvements of 27^th Street and Iowa.  Motion carried unanimously.                                                                                                                                      (12)

The City Commission reviewed bids for the Inverness Drive, Clinton Parkway to 24^th Place and Inverness Drive, from 24^th Place to 27^th Street Stormwater and Waterline Improvements.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the bid for Inverness Drive projects to LRM Industries in the amount of $1,099,191.70.  Motion carried unanimously.                                                                                                         (13)

William Newsome, Southwind Capital, presented the request for an amendment to the development plan requirements for Parkway Commons.  He gave the history of the development and the process for formation of a benefit district for the traffic signal improvements.  Because of unexpected delays in the design of the traffic signal improvements, the completion of the traffic signal improvements was not consistent with the construction schedule for Parkway Commons.  Newsom requested amendment to the development plan to allow for certificates of occupancy on the clubhouse building and three (3) apartment buildings with a total of seventy-six (76) units prior to completion of the traffic signal improvements.

Rundle expressed a concern about setting a precedent in granting exceptions to development plans.

Kennedy asked if there were any problems with the increase in traffic at the intersection based upon the request.

George Williams, Public Works Director, said there would be a greater concern once the entire development was completed.

Rundle asked about the timetable for installation of the traffic signal improvements.

Williams said the developer has agreed to pre-order the mast arms once the project was designed.  That would save time in the construction of the improvements.  It takes approximately twelve (12) to fourteen (14) weeks to deliver those items. 

Henry supported the amendment because of the unique circumstances concerning the development and intersection improvements.

Moved by Kennedy, seconded by Henry, to amend the development plan requirements for Parkway Commons to allow for certificates of occupancy on the clubhouse building and three (3) apartment buildings totaling seventy-six (76) units.  Aye:  Dunfield, Hack, Henry and Kennedy.  Nay:  Rundle.  Motion carried.                                                                                (14)

Terese Gorman, City Engineer, presented the staff report on the Barker Neighborhood Traffic Calming recommendations.  Gorman reviewed the cost estimates for the pedestrian refuge islands and a traffic circle at 17^th and New Hampshire and a small roundabout at 19^th and Barker.  Staff was recommending using smaller roundabouts at both locations. 

Kennedy asked if there was any Federal or KDOT funding for this project.

Gorman said the only funding available was through KDOT 5 Year Program Improvement Plan.  The City had already allocated projects for that program through the year 2006.

Dunfield asked if the Fire/Medical Department had any concerns about the smaller roundabouts.

Gorman said after reviewing the proposals with Fire/Medical Staff, they expressed no concerns about using the smaller roundabouts.

Dunfield asked it there were any differences from a traffic engineering perspective on the larger roundabout being better.

Gorman said “no” and thought the smaller roundabout would work well in this area.

Max Entrikin, 1737 Mississippi, expressed a concern about the cost of a roundabout and their potential for being obsolete in twenty (20) years.  He suggested it would be better to take this money and hire additional Police Officers to specifically patrol this area.

Joe Casad, 1824 Barker, said there were two (2) issues concerning these improvements.  They were traffic calming and safety.  There was a safety problem at 19^th and Barker and a traffic signal would not be an appropriate solution because it would take more property and cause more problems.  He supported both the traffic calming issues and the roundabouts.  Casad supported the smaller roundabout because it would take less property.

Rundle said he was comfortable with roundabouts being an effective way of traffic calming.

Dunfield said the traffic calming proposals along with the roundabouts total $425,000.00 plus the design cost.  He supported the smaller roundabout and asked if there was a specific line item for these improvements. 

Mike Wildgen, City Manager, said there was no specific line item budgeted for this project, but there was $200,00.00 in the budget for traffic signal improvements.

The City Commission concurred to refer these improvements to the 2002 Budget discussion meetings.                                                                                                                    (15)

Julie Wyatt, Environmental Inspector, presented the staff report on the status of the rehabilitation of 1201 E. 13^th.   She presented a schedule for completion of the project from Lister with an October completion date.   The foundation was completed and expected to be back filled this week.

Schuyler Lister, property owner, said the rest of the project would not be as labor intensive as the foundation.  He personally was more familiar with the remainder of the work to be done.

Kennedy suggested the City Commission be supportive of staff trying to get these projects completed.

Rundle suggested the City Commission needed to give staff more tools to get the property improved more quickly.

Dunfield said it was clear this project has gone on for too long.  He saw a need to balance progress on these types of projects with the desire to encourage sweat equity to add value to the property.  He said that was a tough balance.

The City Commission concurred to approve the timeframe for rehabilitation presented by Lister and directed staff to provide sixty (60) day progress reports.                                           (16)

Margene Swarts, Community Development Manager, presented the 2001 Annual Update of the Consolidated Plan.  The Consolidated Plan was required by the National of Affordable Housing Act of 1990 and was the result of a collaborative process which 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 2001 Program Year.

James Dunn, Chair, Neighborhood Resources Advisory Committee, introduced committee members and thanked them for their work.  Dunn noted that the $140,000.00 for the Salvation Army Homeless Shelter was not a site-specific proposal.  The site would need to meet other City requirements before the money was made available.  The recommendation for this project came from the Practitioners Panel.

Hilda Enoch said the money set aside for development of the Salvation Army should be used immediately to provide shelter for the homeless.  She suggested the money be used as a down payment for a homeless shelter because of the need to find a place for people to live now.

Gary Miller, a housing advocate, said the top two (2) needs in Douglas County were a year round shelter for the homeless and a detoxification center.  He was part of a coalition attempting to address the need for a year round homeless center.  The need was just as great during the summer as it was during the winter.  People need a safe place to live and the community needed to help the homeless.

Marilynn Roy urged the City Commission to support the efforts to build a homeless shelter.  She suggested people should think of it as a Community Service Center.  It was important to know that all people who were homeless at a particular time during their life were worth saving.

David Holyroyd, 1224 Louisiana, expressed concerns on how monies were allocated for the program and about little money being utilized to cleanup the target neighborhoods.  These programs were being funded based upon little information.  He opposed spending $24,000.00 on a structure that was valued at $200,000.00.  The application for playground equipment at New York grade school should be given to the school district to fund.  He opposed money for site preparation work for the Salvation Army Homeless Shelter.  Holyroyd recommended the City Commission take no action and look closely at every request.  He said $2,138,000.00 was being spent and the neighborhoods looked like hell.

Deborah Snyder, 1909 Maine Street, supported the need for homeless shelters.  She said from personal knowledge shelters do work and make a difference in peoples lives.

Mike Ryan, 1611 Rose Lane, expressed a concern about the median at the drop-off location in the City’s right-of-way at East Heights School.  He asked the City Commission to repair the median.

Henry said the Salvation Army has been looking into the need for a year round homeless shelter for quite some time.  He thought that was the agency with the experience and the expertise to get the project accomplished.

Dunfield thought the Salvation Army was the agency with the track record and experience in dealing with the shelter issue.  He thought it was appropriate for the City Commission to support their efforts in funding the site preparation.  Neighborhood volunteers were an essential part in neighborhood associations and supported the neighborhoods in their efforts on cleaning-up the neighborhoods.

Rundle supported work by the Coordinating Committee on the Homeless on finding a summer shelter.

            Moved by Dunfield, seconded by Kennedy, to adopt Resolution No. 6309, authorizing the Mayor to execute agreements for the 2001 CDBG and HOME Programs.  Motion Carried unanimously.                                                                                                                                 (17)

Margene Swarts, Community Development Manager, said update of the Citizen Participation Plan was necessary because of the recent departmental name change necessitating a name change for the Advisory Committee.  There were no other substantial changes made to the Plan.  The organization chart was revised to more accurately depict the make-up of the Neighborhood Resources Advisory Committee and the Practitioners Panel.  The Neighborhood Resources Advisory Committee voted to recommend to the City Commission approval of the revised plan.

Hilda Enoch said the plan on paper looked well.  She thought implementation of the plan did not work as it was stated.  She expressed concern about getting the people who need assistance involved in the process and saw no effort to reach out to the community to involve these people.  Enoch had a concern about notification of meetings and inviting the community to participate.

David Holyroyd said documentation on the applications was lacking considerable information.  He thought it reflected poorly on the credibility of the Neighborhood Resources Committee and the City Commission.    

Moved by Kennedy, seconded by Henry, to approve the updated Citizen Participation Plan for the Neighborhood Resources CDBG/HOME Programs.   Motion carried unanimously.

      (18)

Margene Swarts, Community Development Manager, presented the staff report concerning the Housing Trust Fund Ordinance.  A study session was held with the City Commission and Advisory Committee in November 2000 which was the basis for the proposed Housing Trust Fund Board Ordinance.  The Advisory Committee reviewed the Ordinance and recommended one (1) change and noted the appointments to the Board should represent minorities, disabled and elderly population in Lawrence with the make-up of the Board consisting of no less than eight (8) members.  After those changes, the committee supported and recommended adoption of the Ordinance.

Bill Wachspress, 1205 Pennsylvania, said the Advisory Board recommended no less than eight (8) members to encourage diverse a board.  The Advisory Committee thought it would be larger than eight (8) but not so large as to be unmanageable.   With the larger number, a good balance of neighborhood leaders and a diverse population could be achieved.

Hilda Enoch said the appointments to the Trust Fund Board should consist not only of community leaders, but also those people needing affordable housing.  She thought it was important that the board consist of those people who would support the project to make it a reality.  She thought it was more important to have the board representative of the community at-large than those people who could raise money for the Trust Fund.  Enoch recommended the City fund the Trust Fund.  She recommended diverting some of the City’s one cent ($.01) sales tax to the Housing Trust Fund to fund low income housing. 

Moved by Kennedy, seconded by Hack, to place on first reading Ordinance No. 7357, adopting the Housing Trust Fund Ordinance.  Motion carried unanimously.                    (19)

            Kyle Mieras, Planner, presented the staff report on the rezoning and Preliminary Development Plan for the area on the north side of 31^st Street, east of Iowa.  On May 10, 2000, the Planning Commission voted six (6) to four (4) to forward approval of the rezoning of 25.202 acres from RS-1 to PCD-2 subject to the condition that a Preliminary Development Plan be submitted and approved.  Planning staff recommended denial of the zoning request as the request was not in conformance with Horizon 2020 and the Southern Development Plan.  

            In March 2001, the Planning Commission voted six (6) to one (1) to forward a recommendation for approval of rezoning an additional .73 acres for RS-1 to PCD-2 again, with the condition that a Preliminary Development Plan be approved.  Planning staff recommended denial of that zoning request as the request again was not in conformance with Horizon 2020 and the Southern Development Plan.  This .73 acres was an eastern extension of the previous twenty-five (25) acre rezoning request which was added to provide green space.  At the same meeting, the Planning Commission voted six (6) – one (1) – two (2) to forward a recommendation for approval of the Preliminary Development Plan based upon the findings listed in the staff report and subject to conditions.  The Preliminary Development Plan met all the criteria of the City.  A valid protest petition was submitted against the 25.202 acre rezoning request which would require a super majority vote of the City Commission for approval. 

            Dan Watkins, representing First National Development, said this project should be reviewed as part of the existing Regional Commercial Center and not as a separate Community Commercial Center.  The South Iowa Corridor was recognized in Horizon 2020 as a Regional Commercial Center.  31^st and Iowa was recognized as a commercial node and this proposed development on the northeast portion of this node was consistent with other commercial development at this intersection.  It was nearly identical in size and function to Target and the K-mart developments.  Staff, in their report, acknowledged that commercial expansion in the southwest portion of Gas Light Village was supported by the Comprehensive Plan, but found the magnitude of this project larger than what they believed was appropriate.  Watkins said Horizon 2020 contemplated redevelopment of this area and this request was consistent with the principles of Horizon 2020.  The site plan provided buffering from the remaining portion of Gas Light Village.  A similar arrangement worked especially at the J.C. Penny and Southwind Theatre site where a portion of the E-Z Living Mobile Home Park was relocated and the remainder of the mobile home park abutted the commercial area.  Redevelopment of this older portion of Gas Light Village would require a density of more than double the current standards which was not feasible for the owner.  Watkins said based upon information from the Stormwater Engineer, this project would result in an increase in the impervious surface for the entire watershed area of only one percent (1%).  It was reasonable to expect a small increase in the flood elevations at 31^st and Louisiana as a result of the proposed development.  The developer would assist in providing adequate drainage for the area.  However, the developer should not be held responsible to resolve all of the drainage problems for the drainage basin.  The traffic study submitted by the applicant proposed extensive improvements to 31^st Street.  They included double left turns at 31^st and Iowa; two (2) through lanes for westbound traffic; and, traffic signals with left turn movements at Ousdahl and a double left turn movement into the site midway between Ousdahl and Iowa.  The developer proposed to construct the improvements necessary to accommodate the commercial development and improve traffic flow in this vicinity.  Fair allocation of the cost between the City and the developer and a schedule for construction of these improvements were matters the City Commission could determine if the Zoning and Preliminary Development Plan were approved.  The developer should not be held accountable for resolving all of the traffic problems that were currently existing.  Louisiana Street traffic has been a subject of considerable City study.  It was estimated that increased traffic on Louisiana would increase by about seven percent (7%).  Watkins said future improvements must be considered and constructed at both 31^st Street, east of Iowa and on Louisiana Street whether or not the Home Improvement Project was approved.  The traffic improvements proposed for this project on 31^st Street between Iowa and Ousdahl would allow a significant section of 31^st Street to be improved to its ultimate configuration in conjunction with this project. 

            Bill Kanote, representing Home Depot, said he appreciated the good working relationship he had with the City and its staff.  The improvements to 31^st Street would be completed prior to the development opening its doors.  Home Depot was willing to support improvements to 31^st Street and assist in improving the drainage in the area.  Over 103 items were initially listed by staff when the project began.  Additional comments were added during the Planning Commission process and Home Depot attempted to address all of those concerns.  He felt they were successful. 

            Tim Swanson, representing Trans Systems, said they looked at the site plan from both a development prospective and the impact it would have on 31^st Street.  The recommendations made concerning the traffic improvements would configure the street to its maximum utilization. 

            David Geyer, 2646 Arkansas, representing Lawrence Association of Neighborhoods, said the problem was that a large square peg does not fit into the small round hole.  Staff recommended denial.  The development did not meet the standards identified in Horizon 2020.  The Planning Commission barely approved it on a six (6) to four (4) vote.  He expressed concerns about drainage problems and traffic especially on the Louisiana. 

            Max Entrikin, 1737 Mississippi, spoke in opposition to the rezoning.  This location was not appropriate for this use.  Nothing in Plan 95, the Southern Development Plan or Horizon 2020 identified this amount of commercial development at this quadrant of the intersection.  This was too much at one location.  Entrikin suggested improving development that would bring a balance around central Lawrence.  He asked the City Commission to deny this request.

            Carol Bowen, 403 Dakota, said adding seven percent (7%) increase of traffic on the Louisiana was significant.  Bowen said by approving this development, the City Commission would be setting precedent for further development along the 31^st Street corridor and put additional pressure on adjacent land.  Bowen’s said Home Depot planned only for Home Depot and the City Commission needed to plan for the entire City.  The size of this project did not fit Horizon 2020. 

            Ron Wolf, 2535 Arkansas, presented a map of the drainage area.  He explained the historical and current drainage flow.  Wolf presented pictures of key spots within the drainage area.  It would take the City, County and Drainage District working together to solve the drainage problems for the area.

            Deborah Snyder, 1909 Main Street, expressed a concern about environmental problems if Home Depot were to locate in this area.  She expressed a concern about chemical spills from delivery vehicles which could poison the drainage system including the wetlands.  She said noise pollution would come from vehicles delivering merchandise late at night. 

Bowen asked who would be responsible for paying for additional maintenance needed for the heavy traffic caused by this development.  She heard rumors that Roach Hardware and Payless Cashways were closing and suggested Home Depot use one of those sites.

            Bob Hagen, 926 W 28^th Terrace, said this project was the wrong size and at the wrong place.  He could see no justification for approving this request.  This project would have a negative impact on the City.  He recommended delaying approval of this project until the Comprehensive Plan could look at the impact this development would have on the surrounding area.

            Jim Turrentine, 2905 Bell Haven, presented pictures of traffic in the area on 31^st Street.  He said there would be significant infrastructure improvements needed to support this project.  The lack of infrastructure improvements should be the developer’s problem, not the City’s.  He urged the City Commission to deny the rezoning and not allow the developer to rape the City of Lawrence.

            Jo Abbott, 2621 Bishop, said she was uncomfortable with the decision made while on the City Commission concerning the Target development.  The Target development went against Plan 95 which allowed development west of Iowa.  Once violating the plan, it was hard to stop.  She was convinced there would be no commercial development east of K-Mart as presented by the Southern Development Plan.  It was easy to let commercial development take over once it encroached into an area.  The regional shopping center was downtown with another on West 6^th Street.  The City could not support three (3).  Abbott expressed a concern when a developer makes a presentation they were able to take advantage of attorneys, architects and engineers.  It was more difficult for citizens to be heard.  She said presenting information was not on a level playing field for the average citizen.  She recommended denial of the rezoning request and asked the City Commission to stay with Horizon 2020.

            Bob Shumm said the citizens have been shut out of the planning process.  The Planning Commission was changing the plan at its will.  He recommended voting against the rezoning. 

            David Burress spoke in opposition to the rezoning request.  He presented arguments from an economist position including the cost of traffic, tax dollars generated, affordable housing, and the cost of infrastructure.

            Watkins said there were limits and criteria in Horizon 2020 for commercial development in this area.  The plan did not call for 31^st Street as a commercial strip.  There were clear boundaries to the commercial development in this area.  This area was a Regional Commercial Center and this development would not take it out of that category.  Watkins said although people have hinted there were other sites available for this development, no one has come out with a commercial site to accommodate this project and this was similar to other projects within the area.  Concerning the economic impact on the City, this property would pay over $300,000.00 in property taxes.  Twenty-five cents ($.25) of each dollar generated in sales tax by the project would be new dollars.  This project would assist in improving 31^st Street to current standards and beyond.  Infrastructure was needed for this area and this development would assist in paying for those improvements. 

            Kanote asked the City Commission for direction to make the project work.  He said they have not tried to conceal or hide anything.  Home Depot could help with traffic and drainage problems for the area.  He was dedicated to work with the City and staff to make this a win/win situation for everyone.

            Moved by Henry, seconded by Kennedy, to extend the meeting to 10:30 p.m.  Motion carried unanimously.

            Dunfield said it was not an issue of good guys versus bad guys.  It was the City Commission’s job to decide policy on this particular piece of ground as it related to the City's Comprehensive Plan.  It was the duty of the City Commission to promote economic growth that would have a positive impact on the public health and safety of the community.  Dunfield agreed with the basic issues identified by staff concerning infrastructure improvements, transition, and traffic problems.  He did not think the proposed development honored the spirit of Horizon 2020.  The plan suggested a Regional Commercial Center could contain up to 850,000 sq. ft. or more.  There was already 1.3 million sq. ft. of commercial development along south Iowa.  The City did not need additional commercial zoning along Iowa Street.  It was a legitimate role for the City Commission to limit commercial zoning in this area.  He expressed a concern about the loss of affordable housing and the transition of this area.  Those units of affordable would be lost forever.

            Rundle concurred with Dunfield's statements and the findings of the Planning staff.  He thought the retail limits identified in Horizon 2020 needed to be honored.  Traffic on 31^st Street and the entire corridor would be negatively impacted with this project.  The City needed to look at the entire traffic and transportation system for this area. 

            Hack said the Home Depot project has been a lightning rod for all the problems in this area.  She thought this area would eventually become commercial, but was concerned of the size of this particular project.  There needed to be a better buffer between this project and residential usage.  She could not support the rezoning request as it was presented.

            Henry expressed some concerns about storm water and traffic in the area.  People in the area were already suffering from storm water problems and a small impact in the area would be too much.  He thought Horizon 2020 needed to be followed more closely.  The comprehensive plan was a guide, but a guide the City Commission needed to pay attention to.

            Kennedy thought the development was too large for the site.  He thought commercial development was inevitable and did not think residential houses would ever go into the area.  The development would assist in funding the infrastructure improvements needed for 31^st Street.  He recommended returning it to the Planning Commission.

            Moved by Kennedy, seconded by Henry, to return the request to rezone approximately 25.20 acres from Single-Family Residents to Plan Commercial Development, property located on the north side of west 31^st Street, east of Iowa Street to the Planning Commission with the recommendations that the proposed development was too large for the area; reduction of the impervious surface area; review at the east side of the project for use as office space; and, address the storm water issues.   Aye:  Henry and Kennedy.  Nay:  Dunfield, Hack and Rundle.  Motion failed.                               

            Moved by Dunfield, seconded by Rundle, to deny the request to rezone (Z-6-20-99) approximately 25.202 acres from RS-1 (Single-Family Residence District) to PCD-2 (Planned Commercial Development), property located on the north side of West 31^st Street, east of Iowa; and, concur with the Planning staff’s findings of fact for denial.  Aye:  Dunfield, Hack, Kennedy and Rundle.  Nay:  Henry.  Motion carried.                                                                                  (20)

Moved by Dunfield, seconded by Rundle, to deny the request for rezoning (Z-01-02-01) of approximately .73 acres from RS-1 (Single-Family Residence District) to PCD-2 (Planned Commercial Development), property located northeast of the corner of West 31^st Street and Ousdahl Road; and, concur with the Planning’s staff findings of fact for denial.  Motion carried unanimously.                                                                                                                                 (21)

Moved by Dunfield, seconded by Hack, to deny approval of the revised Preliminary Development Plan (PDP-10-17-00) for a proposed home improvement store and other commercial pad sites, property to be located on approximately 25 acres north of West 31^st Street between Iowa Street and Ousdahl Road.  Motion carried unanimously.                                    (22)

            Moved by Kennedy, seconded Henry, to extend the meeting until 10:35 p.m.  Motion carried unanimously. 

            Rundle asked staff to report on the Citizen Participation in the development of the Homeless Shelter by the Salvation Army.

            Rundle requested staff to report on the condemnation of blighted property and procedures for repairing blighted property and assessing the repairs back to the property.

            Kennedy requested a report on the removal of silt from the culverts at 31^st and Louisiana.

            During public comment, a person thanked the City Commission and staff for their assistance in helping neighborhoods.   

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

 

APPROVED:

                                                                        _____________________________

Mike Rundle, Mayor

ATTEST:

 

___________________________________                                                                       

Raymond J. Hummert, City Clerk

COMMISSION MEETING MAY, 8  2001

1.                  Ordinance No. 7354 – 2^nd Reading, (A-02-02-01) 20.259 acres, E of Queen’s Rd., S of Wakarusa (extended). 

2.                  Annex – 20.45 acres, K-10 & E Hills Business Park.

3.                  Sales Tax Audit – approve payment for $57,916.

4.                  Deed Transfer – 1 lot to Habitat for Humanity.

5.                  Tax Abatement Report – Administrative Review Committee & Task Force

6.                  Mortgage Release – 817 Mississippi, Lena Johnson.

7.                  Mortgage Release – 333 Elm, Ramon Garcia.

8.                  Subordination Agreement – 907 Ward, Robert & Debra Morgan.

9.                  Benefit District Formation – Sanitary Sewer improvements, S portion of E Hills Business Park.

10.              Engineering Design Contract – Additional Services for $20,000.00, Clinton Pkwy & Hawthorn Dr.

11.              Final Plat – (PF-03-08-01), Lts 4,5 & 6, Blk 2, E Hills Business Park.

12.              Real Property Acquisition, to KDOT for 27^th & Iowa.

13.              Bids – Inverness Drive Project, LRM for $1,099.191.70.

14.              Development Plan – Amendment for Parkway Commons.

15.              Barker Neighborhood – Traffic Calming.

16.              Rehabilitation Status Report – 1201 E 13^th.

17.              Resolution 6309 – 2001 CDBG & Home programs.

18.              Citizen Participation Plan –  Neighborhood Resources CDBG/HOME Programs.

19.              Ordinance No. 7357 – 1^st Reading, Housing Trust Fund.

20.              Rezone – (Z-6-20-99), 25.202 acres, RS-1 to PCD-2, N side of W 31^st, Gaslight Mobile Home Park.  (Denied)

21.              Rezone – (Z-01-02-01), .73 acres, RS-1 to PC D-2, NE of corner of W 31^st & Ousdahl. (Denied)

22.              Prelim Dev Plan – (PDP-10-17-00), Home improvement store, 25 acres N of W 31^st, between Iowa & Ousdahl. (Denied)