July 17, 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, Henry, Hack, and Kennedy present. 

With Commission approval, Mayor Rundle proclaimed the week of July 19 – 29, 2001 as “Casa Week” (Court Appointed Special Advocates).  This group was formed to help the hundreds of children in Douglas County who are victims of abuse and neglect.  Volunteers are appointed by the Family Court Judge to advocate for the best interest of children who must be removed from their homes and taken under the protection of the court.  With these children, CASA volunteers become a consistent and caring support.    

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to approve the City Commission meeting minutes of July 10, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to approve the Neighborhood Resources Advisory Committee meeting minutes of June 28, 2001; the Public Transit Advisory Committee meeting minutes of June 19, 2001; the Board of Plumbers and Pipe Fitters meeting minutes of March 21, 2001, May 16, 2001, and May 21, 2001; the Planning Commission meeting minutes of June 27, 2001; the Historic Resources Commission meeting minutes of May 17, 2001; the Board of Zoning Appeals meeting minutes of June 7, 2001; and, the Sign Code Board of Appeals meeting minutes of May 7, 2001 .  Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to approve claims in the amount of $3,908,907.06 and payroll from July 1, 2001 to July 14, 2001 in the amount of $1,258,582.27.  Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to approve the Drinking Establishment License for Coco Loco Mexican Café, 943 Massachusetts; Emerson Riggin’s (Formerly Sports Page Brewery – Contingent Upon State License); Pancho’s Mexican Restaurant, 711 West 23^rd Street, Suite 28; Wagon Wheel Café, 507 West 14^th (Contingent Upon State License); Plum Tree, 2620 Iowa; and, the Retail Liquor License for Alvin’s Wine & Spirits, 905 Iowa. Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to concur with the recommendations of the Mayor and appoint Ralph Reed and Santos Nunez to the Lawrence Alliance; Sheila Immel to the Sister Cities Advisory Board; Mike Appleby, to the Public Transit Advisory Committee; Shirley Martin-Smith to the Mental Health (Bert Nash) Board; and, Rachel Treanor to the Recycling and Resources Conservation Board.  Motion carried unanimously.

The City Commission reviewed the bids for the Ballard Center Roofing project for the Neighborhood Resources Department.  The bids were:

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to award the bid to Vincent Roofing, in the amount of $31,900.00.  Motion carried unanimously.

The City Commission reviewed the bids for the 2001 concrete curb, sidewalk, and pavement repair for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to award the bid to Pavers Inc., in the amount of $272,367.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to set bid date of July 31, 2001 for Clinton Parkway and Hawthorne/Hartford, Geometric and Traffic Signal Improvements.  Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on 1st reading Ordinance No. 7378, adopting the 2001 Standard Traffic Ordinance.  Motion carried unanimously.                                                                                                                            (1)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on 1st reading Ordinance No. 7379, rezoning [Z-11-48-00] 14.4 acres from VC (Valley Channel District) to M-2 (General Industrial District), located north of the Kaw Water Treatment Plant, West 2^nd and Illinois Streets.    Motion carried unanimously.                                                           (2)

Ordinance No. 7373, adopting Stormwater Pollution Prevention Regulations, was read a second time.  

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

            As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to approve the Site Plan (SP-05-26-01) for an addition to Kappa Kappa Gamma, located at 1 Gower Place, subject to the following conditions:

1.                  Provision of a revised Site Plan depicting the following:

a.                  Indicate occupancy of structure and provide parking calculations based upon occupancy as required;

2.                  The applicant provide black and white photographs prior to release of the building permit, per HRC approval;

3.                  Construction drawings be reviewed by Staff prior to the release of any building permit, per HRC approval; and,

4.                  Execution of a Site Plan Performance Agreement.

Motion carried unanimously.                                                                                                           (4)

            As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to approve the Site Plan (SP-06-35-01) for Douglas County Juvenile Detention Center, located at 330 Industrial Lane, subject to the following conditions:

1.                  Review and approval by the City Stormwater Engineer;

2.                  Execution of a Site Plan Performance Agreement; and,

3.                  Approval of a Floodplain Development Permit.

Motion carried unanimously.                                                                                                           (5)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-05-20-01) of approximately 5,730 sq. ft. from RS-2 (Single-Family Residence District) to C-1 (Inner Neighborhood Commercial District), property located at 409 East 12^th Street; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                                      (6)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to authorize the City Manager to enter into a contract with JMC Construction for stormwater monitoring of Bismark Gardens No. 2.  Motion carried unanimously.                                   (7)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to receive staff report on the status of blighted structures at 333 Minnesota Street and 433 Illinois Streets.  Motion carried unanimously.                                                                                   (8)

David Corliss, Assistant City Manager, presented the staff report on a possible annexation moratorium in North Lawrence. A memo was presented to the City Commission outlining the legal authority the City Commission might want to exercise in an annexation moratorium.  This was not the first time a Commission has considered the issue of moratoriums and stormwater concerns.  The Commission had been given a May 20, 1999 memo discussing the moratorium on building permits for property located in the watershed of 8^th and Oak Streets.   A moratorium for future annexation purpose is different than one for rezoning.  There are statutory requirements that make moratoriums for rezoning more difficult.  Annexations are considered a discretionary act of the governing body.  Legally, the City Commission needs to treat similarly situated properties the same.  It is within the City Commission’s legal authority to not annex land.   He said this moratorium would not prohibit development, just annexation.  In drafting the memo and ordinance, the focus would be on floodplain and stormwater issues.  The Draft Ordinance as presented allows the annexation of property that is already developed.  The City Commission could transfer this concept to other parts of the community.  One issue, if an annexation moratorium is approved elsewhere in the community, it should be dependent on whether or not the City has an active planning process.

Dunfield asked if the issue in North Lawrence was defined more broadly as adequate public facilities, then presumably the City Commission would not want to annex land whether it was already developed or not.  He asked if the rationale for allowing annexation of already developed land was based strictly on impervious surfaces and stormwater issues.

Corliss said “yes.”  This statement could say the City could annex for adequate public facilities analysis.  If there were questions about whether the property was already developed, it will be a question of whether or not they were within City boundaries.  If they were within the City, they would be eligible for water and sewer services.    

Hack asked Finger if it was a goal to complete the floodplain regulations.

Linda Finger, Planning Director, said “yes.”  The goal was to complete the floodplain regulations this year because of the November 2^nd effective date for the new FEMA maps.    

Dunfield asked if the moratorium could have two different conditions.  One would be all of the area affected by the North of North Street Plan and the other would be for any floodplain properties that could potentially be developed and annexed.

Corliss said it made sense to do two separate ordinances.  One ordinance would be for property North of the Kansas River until the North of North Street Plan is adopted and the new floodplain regulations are reviewed.  The other Ordinance could be more broadly written to apply to any annexation request for property in the floodplain until the new floodplain regulations have been reviewed.

Linda Finger, Planning Director, said there were three issues of concern which were policy, code and specific area development.  The policy issue was one of annexation which meant, did the City want to tie annexation completely to a City level policy to the Comprehensive Land Use Plans.  The City would base annexation on the relationship to urban growth area, floodplain or non-floodplain properties.  The code issue was related to Floodplain Management Regulations and revisions to these codes as they relate to the new FEMA maps.  The third issue was the development/area plan and land use specific to this area of discussion. (North of North Street)

Hack asked Finger if there were many request waiting to come to the City Commission in terms of annexation in areas considered to be in floodplains.

Finger said “no.” But, if you look at our fringes, many of the properties that would normally be looked at as developable property, were in areas that would be considered either floodplain property or environmentally sensitive areas.  Because of how the City has grown and what our limitations are (natural boundaries), the City will see more and more requests involving property in floodplain areas.

Hack asked about the statement taken from the State Government Land Use Liability concerning the “necessity” for the moratorium or a showing that the moratorium was reasonably calculated to alleviate or prevent a crisis condition.”  She asked how they defined the term “crisis condition” and was the City already at that level.

Corliss said the statement was referring to rezoning moratoriums that prohibit development and for that there is a more precise legal standard.  The issue presented was not disallowing development, but annexation into the City.  If someone wanted to pursue development opportunities in the Unincorporated County they could, but it would be difficult because the City controls the utilities.                 

Henry asked if the City had a stormwater plan in process.

Finger said the City does not have a Master Stormwater Plan.  The City’s Stormwater Engineer is following the adopted Stormwater Plan which is based on management/upgrading of our existing system. 

Ted Boyle, President, North Lawrence Improvement Association, encouraged the City Commission to pass the Ordinance for an annexation moratorium in North Lawrence until the “North of North Street Plan” comes into effect.  North Lawrence has never been against development, but they would like to see more planned development.  Boyle said North Lawrence needed protection until the City could alleviate the stormwater problem.

Henry asked when the North of North Street Plan would be adopted.

Finger said the draft Ordinance before them read on December 31^st, 2001, but recognizing the City Commission did not meet at the end of December, the City Commission might want to extend the adoption of this moratorium until January 15, 2002.

Rundle asked about the floodplain issues.

Finger said the floodplain issues should be resolved by the end of the year.

Kennedy asked about the FEMA maps.

Finger said they had not seen the revisions on the maps, but the date for approval was November.

Hack had a concerned about a moratorium.  She said the City Commission was the final annexation door and might be adding a regulation on top of a regulation.

Dunfield said he would like to see both of these moratoriums.  If for no other reason, it gave a deadline and it made these issues urgent, which would force the City Commission and the public to look at these moratoriums and set a direction.  He suggested the January 15 date be used for both moratoriums for simplicity. 

Rundle suggested that a clearly stated deadline would assist someone who was planning development, who might wait to invest money until the issue was resolved.

Finger concurred with Rundle.

Kennedy said the City has been working on the adoption of the Stormwater Pollution Prevention Ordinance for approximately 5 ½ years. The concern was should the City allow any development in the fringe much less the floodplain.    It was a difficult issue, but it was something the community and developers need to know that this will not be allowed in the future.

Henry said he has generally been opposed to moratoria and has voted against a moratorium in the past because there was no plan in place. He concurred with Dunfield about having a date for action.

Dunfield asked if the City Commission could have the Draft Ordinances by the next City Commission Meeting. 

Corliss said “Yes.”  The 1^st Ordinance would state: “no annexation of property into the City limits north of the Kansas River until Jan 15, 2002 regardless whether it  has been developed or not” and secondly, “ the City would not annex property that lies within the floodplain until Jan 15, 2002.”

Moved by Dunfield, seconded by Hack, to authorize staff to prepare the appropriate ordinances concerning annexation moratoriums.   Motion carried unanimously.                       (9)

Mike Wildgen, City Manager, presented the staff report concerning possible applications to the Kansas Department of Transportation. He said every year KDOT gave the City notice that the grant approval application was due.  The first application was KLINK, fiscal year 2002.  The City was automatically eligible for $200,000.00 of State funds. The second application was for Geometric Improvements.  The five proposed projects were located at 23^rd and Iowa, 25^th and Iowa, 19^th and Iowa, 23^rd (K-10) and East Hills Drive and 31^st and Iowa.  The 23^rd (K-10) and East Hills Drive was applied for in the past, but was turned down.  The third application would be for economic development project for fiscal year 2005 which included 31^st, Iowa to Louisiana and 23^rd, Iowa to Louisiana.  Wildgen said the City would be competing State wide for funding    

Dunfield asked if the five projects listed under the geometric improvements were close to the maximum of what the City has allotted under this category

Wildgen said “yes.”

Dunfield asked if it helped or hurt the City’s chances to ask for five times of what the City was allotted.

Wildgen said it would help if the City would offer more than the minimum 20 percent match.  If the City wants to do a 50/50 percent match, the City could get more points no matter what the project was.

Wildgen asked Williams what was the high priority project.

Williams suggested the geometric improvements for 23^rd and Iowa, but all the projects were needed.  The only question was the 23^rd (K-10) and East Hills Drive.  He thought there was not much of a chance for this project.

Kennedy asked if the City had another project that could replace the 23^rd (K-10) and East Hills Drive project.

Williams said he would like to see the City focus on one or two of these projects and not submit all five of these projects.

The City Commission requested that staff apply for the 23^rd and Iowa and the 31^st and Iowa Streets Geometric Improvements and the 31^st Street, Iowa to Louisiana and 23^rd Street, Iowa to Louisiana Economic Development.                                                                                (10)

Moved by Kennedy, seconded by Dunfield, to recess into executive session to discuss matters relating to possible acquisition of real estate for twenty minutes with the justification for the executive session to keep confidential the matters related to negotiations.  Motion carried unanimously.                                                                                                                                 (11)

            Gary Miller, Chair, Coalition for Homeless Concerns, said the committee worked on many complex social service, health and community issues facing the low income in Douglas County.   He said there is a need for a full time shelter between the months of April and October because the Salvation Army is closed.  He asked The City Commission to look for some funding to aid in shelter for the homeless. 

            Mary Rosenthal said she could not understand why a City like Lawrence could not find funds for the homeless.  She asked the City Commission to help make the residents of Lawrence focus on this issue.

            Hilda Enoch had a concern about not being able to use the Parks and Recreation facilities in the evenings for shelter for the homeless.                                                            (12)

          Terry Riordan, Oread Neighborhood Association, asked the City Commission for help to continue the historic preservation in Lawrence.  The request concerns the K.U. expansion and the demolition of homes on Ohio between 13^th and 14^th Street.  He asked that this issue be placed on next week’s City Commission agenda for discussion.  This discussion will provide the Oread Neighborhood three opportunities.  First, it will help create a dialogue between the neighborhood and the university.  Second, they will ask to discuss a designated boundary for K.U.’s expansion and 3^rd, they want the City to ask the K.U. Campus Historic Preservation Board to defer a July 25 meeting concerning these homes.  This deferral will allow the Oread Neighborhood to explore this issue better, allow public attendance and allow the City Commission to better understand the issues.  The City Commission agreed to place this item on the next week’s agenda.                                                                                                                      (13)

            Moved by Dunfield, seconded by Kennedy, to adjourn at 7:37 p.m.   Motion carried unanimously.                                                                     

 

 

 

APPROVED:

                                                                        _____________________________

Mike Rundle, Mayor

ATTEST:

 

___________________________________                                                                        

Diane Trybom, Deputy City Clerk

COMMISSION MEETING JULY 17,  2001

1.                  Ordinance No. 7378 – 1^st Reading, 2001 Standard Traffic Ordinance.

2.                  Ordinance No. 7379 – 1^st Reading, Rezone (Z-11-48-00), 24.4 acres, VC to M-2, N of Kaw Water Treatment Plant.

3.                  Ordinance No. 7373 – 2^nd Reading, Stormwater Pollution prevention Regulations.

4.                  Site Plan – (SP-05-26-01), Kappa Kappa Gamma, 1 Gower Pl.

5.                  Site Plan – (SP-06-35-01), DG Cnty Juvenile Detention Ctr., 330 Industrial Ln.

6.                   Rezone – (Z-05-20-01), 5,730 sq. ft., RS-2 to C-1, 409 E 21^st.

7.                   Stormwater Monitoring Contract – JMC Construction, Bismark Gardens No. 2.

8.                  Blight – Status of 333 Minnesota & 433 Illinois.

9.                  Annexation Moratorium – N Lawrence discussion.

10.               Grant Approval Application – Submit request for projects to KDOT.

11.              Executive Session – Real Estate Acquisition.

12.              Coalition for Homeless Concerns – Full time shelter needed.