July 31, 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 August 1 – 7, 2001 as “Breastfeeding Awareness Week.”

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to approve the Neighborhood Resources Advisory Committee meeting minutes of July 12, 2001; the Lawrence-Douglas County Health Board meeting minutes of May 21, 2001; and, the Lawrence Board of zoning Appeals and Sign Code Board of Appeals meeting minutes of July 12, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to approve claims in the amount of $2,396.881.97 and payroll from July 15, 2001 to July 28, 2001 in the amount of $1,222,635.19.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to approve the Drinking Establishment License for Cross-Town Tavern (Class B License), 1910 Haskell Ave. Suite 6 (Contingent Upon State License); Carlos O’Kelly’s, Inc., 707 West 23^rd; The Sandbar, 17 East 8^th; IXTAPA of Lawrence, 2016 West 23^rd Ste: B; the Retail Liquor License for Cork & Barrel Parkway Center, 3514 Clinton Parkway (Contingent Upon State License); Ray’s Liquor Warehouse, 1215 West 6^th; and, Ray’s Wine and Spirits, 2100 A. West 25^th.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to concur with the recommendation of the Mayor and appoint Mike Monroe to the Lawrence Alliance.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to award the sole bid for tile floor for the Community Building and Holcom Park Center for the Parks and Recreation Department to Fox Ceramic Tile, in the amount of $22,000.00.  Motion carried unanimously.

The City Commission reviewed the bids for backstop replacement at Holcom Sports Complex for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to waive the Engineer’s Estimate and award the bid for backstop replacement at Holcom Sports Complex for the Parks and Recreation Department to, Penwell Equipment Co., in the amount of $20,885.00 because the bid was broken out into eight parts and only the backstop and Ice Field wing fences were accepted.  Apex Fence was the low bid, but did not attend the required pre-bid meeting; therefore, the recommendation was to accept the 2^nd lowest bid from Penwell Equipment Co.  Motion carried unanimously.

The City Commission reviewed the bids for Clinton Parkway and Hawthorne Drive Geometric and Traffic Signal Improvements for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to waive the Engineer’s Estimate and award the bid to Paver’s Inc., in the amount of $258,702.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to authorize purchase of Nalcolyte 8186 polymer for the Clinton Water Treatment Plant from the sole vendor, Nalco Chemical Company, in the amount of $35,700.00.  Motion carried unanimously.

Ordinance No. 7381, establishing a temporary moratorium on the annexation of property located in designated floodplain areas, was read a second time.      

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

Ordinance No. 7382, establishing a temporary moratorium on the annexation of property located north of the Kansas River, was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Henry, Hack, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                   (2)

Ordinance No. 7377, adopting the Uniform Housing Code, was read a second time.         

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

Ordinance No. 7380, adopting the Uniform Building Code, was read a second time.          

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

            As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to authorize the mayor to sign a Release of Mortgage for Earl and Arvelda Wright, 729 Missouri.  Motion carried unanimously.                                                                                                                      (5)

            As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to approve minor changes in zoning legal descriptions for Westwood Hills rezoning and authorize new ordinances to be drafted.  Motion carried unanimously.                                                     (6)

            As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to approve a variance allowing a master water meter at Briarwood Cottages, located at Folks Road and Briarwood.  Motion carried unanimously.                                                                           (7)

            As part of the consent agenda, it was moved by Kennedy, seconded by Hack, to receive June/July 2001 Economic Development Activity Report.  Motion carried unanimously.  (8)

            Mike Wildgen, City Manager, said the 3^rd Annual Summer’s End Teen Dance Party at the Granada (1020 Massachusetts), would be held August 7^th from 7 – 11 p.m.  This event was a non-alcoholic dance night for Lawrence area teens, ages 14 – 17.

              Mike Wildgen, City Manager, presented a letter to the City Commission from John Frieden, P.A., Frieden, Haynes & Formes Law Offices concerning the Western Resources Rate Case which was part of the result of the Kansas Corporation Commission’s (KCC) decision.  While the decision was made on the rate, the KCC would need to spread the rate design to various classes by September 20, 2001.                                                                                       (9)

            Ed Mullins, Finance Director, presented a summary of the Six Month Financial Report - 2001 for the City of Lawrence.  The report covered the first six months of 2001.  “For the first six months, there were no major concerns.  Sales tax revenue was higher than 2000, but the economic slowdown may reduce consumer spending.  No department or fund exceeded anticipated expenditure levels, with the exception of Health, Information Systems, Building Inspection, and Central Maintenance.  Water revenue was experiencing a decrease because of the wet spring and early summer.  Water consumption last July and August was high.  Parking revenue was only up 14.6% despite an increase in parking rates.  Parking meter would likely be less than budgeted.  Central Maintenance revenues were slightly more than anticipated and exceeded revenues by over $107,000.00.  During the second quarter, the City earned an average of 5.34% on our investment.”                                                                                        (10)

                Mike Rees, Chief Counsel, Kansas Department of Transportation, presented three sets of maps to the City Commission.  The first map showed the preliminary concepts for the alignments. The second map was relative to the mitigation that KDOT has considered in regard to the trafficway project and the third map was an alignment concept that was not included in the original set.  Rees said he met with KDOT’s consultant to discuss the project.  After discussion, he was left with an intuitive sense they had concluded the hard phase of the environmental impact statement.  There was a lot of engineering work to be done on the alignments.  He said KDOT had an additional public meeting on August 8, 2001, regarding mitigation and the historical findings they had made to each of the alignments.  A  large public meeting was scheduled at the end of the month.  In the first part of September, they would have the first of the facilitated public group meetings.  He said KDOT had hired a firm from Colorado who were facilitators and mediators and would be working on facilitating community input.  They had originally identified eighteen groups.  The facilitator has been meeting with these groups and talking with them about issues that were pertinent to the trafficway.  When talking to the facilitator a week ago, he asked if there were any major issues.  The facilitator said one overwhelming concern was that KDOT did a fair and complete job of the assessment of alignment which was what KDOT was trying to do.  After revisiting some of KDOT’s accomplishments, they found two reasons why they were appearing before the City Commission.  The first reason was the mitigation concepts that had been developed for the trafficway which applied to only routes north of the river and did not include 31^st Street.   On 32^nd, 35^th and 38^th Streets, the mitigation concepts and ideas were alignment neutral, these concepts would apply to whatever alignment was selected.  In addition, it showed the realignment of Haskell Avenue and Louisiana Street which came when KDOT began the design concept.  The desire and motivation behind the realignment was if KDOT were to interchange, they did not want to interchange in the wetlands, moving them to the east and west and allowing KDOT to vacate.  If that happened, KDOT would be able to vacate Louisiana and Haskell.  In addition, the 32^nd Street alignment showed the vacation of 31^st Street and was limited to the alignment of 32^nd Street.  The arrangement KDOT had with the BIA was that they would not object to an alignment south of 31^st Street, if KDOT were to vacate 31^st Street.  The traffic counts were not finished, but based on historical data, the further south, the road could not handle the 31^st Street traffic.  Because the road could not handle 31^st Street traffic, KDOT had limited that option to the 32^nd Street alignment.  The difficulty concerning mitigation was that he had no support for the mitigation concepts.  The CORP required by regulation, for actually wetlands displaced, that KDOT replaced them at a ratio of one and a half to one.  In figuring the acreage for the alignment, it would be an additional fifty acres to mitigate which KDOT could present to the CORP along with the application for the 404 Permit.  He said this was a less desirable concept and preferred the expanded mitigation concept particularly when it included the realignment of the two roadways.  If KDOT were unable to get any support, they would go to the CORP with only what was required.  He said he did not consider this to be a City matter, but a community matter. The questions of the alignment were related to the purpose and need of the project.  One of the purposes of the trafficway was to serve as a segment to the State Highway system connecting the two portions of K-10 that tied to Highway 59 and provided access to the turnpike.  Secondly, was the trafficway should serve to relieve local congestion on 23^rd Street.  Since he has been involved in the project, he has found that this was not a favored concept and people had questioned if the trafficway would relieve traffic congestion on 23^rd.  He said a number of people had suggested the reason was to disallow a south of the river choice because KDOT had showed that south of the river did not alleviate local congestion.  In addition, he also questioned whether or not it was a legally sufficient statement and thought the Secretary of Transportation did not have the authority to spend State Highway funds on local problems.  Rees did not like the 23^rd Street congestion aspect, but the concept was legitimate.  The concept only needed to look at west K-10 to satisfy the State Highway needs. If looking at K-10 as only a State Highway, you could interchange at Highway 59, Highway 40, or the turnpike.  The County road connection, 15^th Street, 23^rd or Wakarusa would not be part of that concept.  In the process of reviewing and revising the environmental impact statement, there would be another purpose and need.  The actually relief of local traffic was not the issue, but where and how would local access to the Highway system be provided.  The third concept showed the trafficway as a State Highway, it connected to Highway 59 and K-10 and no intermediate connections. KDOT did not think it was there decision alone to make assumptions about what would work for the best for the City.  He asked the City Commission to work with KDOT on initial presentation so there were no doubts about what information KDOT had.  He did not think the City needed to take any formal action in regard to a selection.

            Henry asked Rees if regardless of what happened with the route for the SLT, would 23^rd Street be affected.

            Rees said the models showed that 23^rd Street traffic did not change much.  The side streets currently carrying traffic to avoid 23^rd Street would be bled off to the trafficway.  He said KDOT needed to address the question of 31^st Street and what would happen if it were vacated.  Some of the preliminary design concepts showed various ways of dealing with a vacation of 31^st Street, but they have not been modeled.  The County was not in the position to address the vacation until they were satisfied that KDOT did not create a problem.

                Rundle said he was going to reserve comment on the entire project until staff responded to the request.  He had a concern about 23^rd Street no longer being part of the picture for this  project.  He said 23^rd Street traffic was the community’s initial concern.  He had a concern about how highway projects were to be conducted in terms of public involvement.  It seemed to him that a “need” should be defined and then develop alternative transportation solutions.

            Hack said she thought it was a good opportunity to schedule a study session with the County to answer questions.  They needed time to process input from KDOT and their consultant.  She appreciated the concern for 23^rd Street and thought there would be some mitigation on 23^rd Street, but the City needed to be involved.  It was important for the City Commission to be on board and part of the process.

            Rees told Rundle that he did not mean to indicate that this would not have an affect on local traffic.  He said the models showed what KDOT did in the past as they were modified to reflect current conditions.  The extent to which the trafficway would assist in alleviating local traffic concerns could not be answered today.  The trafficway would have an effect, but he did not know to what extent.  They had not abandoned the idea of alleviating traffic on 23^rd Street.  The idea was to provide access to the trafficway for the purpose of use as a State Highway and local traffic.

            Henry said the traffic dilemma was not going to go away and appreciated KDOT’s options.

            Rees said he appreciated the City Commission’s consideration.  He reiterated that the request was not for a decision or vote for an alignment by the City Commission, but wanted input from the City as to how they might best provide for local traffic concerns.

            Dunfield said he wanted to clarify the question of the possible vacation of 31^st Street because the City was involved with the County in studying 31^st Street.  He said he understood from information given, that vacating 31^st Street, from KDOT’s point of view, became less and less possible as the route moved further south.

            Rees said this was more of a County point of view rather than KDOT’s.  He said 31^st Street was at the point of vacation as a County Road and did not think it could be unilaterally vacated.  They would need cooperation from Douglas County.

            Dunfield asked if it was KDOT’s assumption that vacating a portion of 31^st Street also meant providing interchanges “at” or “in” the vicinity of Louisiana and Haskell.    

            Rees said some of the concepts were taken under account, but stated they were just concepts.  There had not been any decisions made.  He said there were ideas the designers had as to what might work under a variety of situations and different alignments.  It was the decision KDOT needed to go through as to what was the preferred alignment and how it was to be configured that remained to be done.

            Kennedy asked if there were more meetings scheduled for the public for additional input of what their preferred alignment would be and what they saw as problem areas that could affect their neighborhoods or mode of transportation.

            Rees said there was a meeting Scheduled on August 8, 2001, that was not directly related, but at the end of the month, they planned on a major public meeting.  The facilitated groups would meet independently starting the first week of September.  KDOT had discussed the possibility of scheduling a meeting based on the analysis and work they had done on 42^nd Street.

            Kennedy concurred with Hack that in the near future, it would be advisable to have a joint meeting with the County to become familiar with the County’s ideas on the process of the SLT and come to some agreement.

            Dunfield asked if they had set an agenda for the August 22^nd joint meeting with the School District and County.

            Mike Wildgen, City Manager, said the main issue on the agenda was the FEMA Maps and the Floodplain Regulations.  He said the City Commission might want to look at KDOT’s models before the September Study Session.                                                                            (11)

            Mayor Rundle said the revised Site Plan (SP-06-38-01) for removal of the dumpster and the addition of bollards and a concrete pad for benches and tables for an employee break area along the east side of the 600 block alley between Massachusetts and New Hampshire would be deferred for one week.                                                                                                                 (12)

            Mayor Rundle called a public hearing on the proposed street improvements and special assessment benefit district for Florida Street, from 6^th to 7^th Streets.

            George Williams, Public Works Director, presented the staff report on the proposed street improvements and special assessment benefit district for Florida Street, from 6^th to 7^th Streets.  He presented the City Commission with a map of the proposed improvements.  The City had received all the agreements not to protest the paving of Florida Street from 6^th to 7^th Streets except from one property owner at southwest corner of 7^th and Florida.  Williams said the roadway was presently a chip and seal road with ditches on both sides, no sidewalks and no major storm drainage.

            Kennedy said there was a partial sidewalk by the apartment complex on the east side of the street toward the south which was probably required when built, but no curb on either side.  He asked if the commercial business that currently had on-street paved parking, would be impacted.

Williams said it would be up to the City Commission whether parking was removed from one or both sides of the streets.  He said if they established curb and guttering along that area he would prefer not to have any parking within the right-of-way.

            Rundle asked about the curb by the gas station.

            Williams said that was part of their entrance.  There was no physical curb and gutter that was part of the street.

            Rundle had a concern about not hearing from the property owner’s on the southwest corner of 7^th and Florida.

            Mike Wildgen, City Manager, said staff would research to find the location of the owner’s of that property and provide the City Commission with a report on their findings.

            Upon receiving no public comment, it was moved by Henry, seconded by Henry, to close the public hearing.  Motion carried unanimously.                                                        (13)

Debbie Van Saun, Assistant City Manager, presented the staff report on KDHE response to a request for information regarding sanitary sewer options for the Lawrence Municipal Airport.  In February, Black & Veatch presented some findings based on a study they did for alternatives and options to replace the existing septic system at the Lawrence Municipal Airport.  The report indicated there was certain cost associated with two options which seemed to be the best options for replacing these septic systems.  The most economical option was the force main and pump station that would hook to the existing Wastewater Treatment Plan.  Another option that held interest for the Commission was the contained wetlands which was basically an onsite treatment facility at the airport that would discharge into Mud Creek.  She said they received directions to ask Black & Veatch to submit the study to KDHE to find out what their thoughts might be on proceeding with an NPDES Permit and an anti-degradation study to discharge to Mud Creek in the event the City Commission chose the contained wetlands option.  The other direction given to Black & Veatch and staff was to look at the modular approach given the low flows that were anticipated at the airport.  There was some thought that a more economic approach could be made to the contained wetlands option.  The City Commission received information on the response from KDHE concerning Black & Veatch’s request for additional information on the anti-degradation study.  Also, information was given to the City Commission from Black & Veatch concerning how a smaller first package to the contained wetlands might be accomplished in a more economical manner.  There were concerns about being able to be successful in the pursuit of a discharge permit.  KDHE was not inclined to add discharge points, but was looking to reduce those points.  Van Saun said staff had given four options for the City Commission to give direction.  One was to proceed with the contained wetlands project and ask Black & Veatch to prepare a scope of services to begin that process which included the anti-degradation study that was hooked into the NPDES Permit application.  Another option was to proceed with the more traditional pump station/force main approach and proceed with a design contract.  An interesting option was to delay anything going on right now until they received more information from the Planning Department concerning the North of North Street Plan.  The last option was to continue on with the current system of individual septic tank systems.  Since these four options were introduced, there was another option formed, which involved plans for an upcoming study session for a Master Plan Update for both the water and wastewater systems.  She said dovetailing the North of North Street Street Plan into an update of the Wastewater Master Plan might be an opportunity to do an entire comprehensive look at what was going to be coming down the pike for development, population and flows for North Lawrence.  If this was included as part of the Master Plan Update, the results might be some notion of a traditional sewage facility for development South of 24/40 Highway and perhaps, the contained wetlands for the isolated area at the airport.  Van Saun said as Airport Manager, she was looking to find something that would assist in providing development opportunities at the airport and would urge the City Commission to consider one of the first two options looked into.  If the City stepped back and looked at a whole Master Plan approach, she thought it made sense to consider that as another option.

            Rundle asked if the option presented to KDHE was the 60,000 gallons per day variation of the two options.

            Van Saun said “yes.”  KDHE received the report which was two phases for the contained wetlands because of the low flows that were anticipated and was a modular approach that would allow for up to 60,000 gallons per day.  The traditional pump station/force main also looked at a 60,000 gallons per day discharge.  They had not seen the information that Black & Veatch presented to the City Commission about the smaller modular approach.

Rundle said he got the impression from a letter written from, Rod Geisler, P.E. Chief, Municipal Program Section, KDHE, that if at 60,000 gallons, the pumping station was less expensive, but at the 10,000 and 20,000 gallons the contained Water Treatment Plant came in lower.  If they were not presenting the higher cost option, they might be more inclined to look at the contained treatment option.  He did not understand why the engineering report was not sealed ad did not include the recommendations from the engineer.

            Van Saun said one of the comments made by Geisler in his letter was that KDHE was not approving the study.  She said the study was not to be approved, but to be looked at.  If the study becomes part of a NPDES permanent application process, it would need to be stamped and sealed.

            Rundle said he would like to get more feedback from KDHE if they had the report in the form they requested.

            John Keller, Black & Veatch, said in regard to the sealing of the report, in his discussion with Geisler, was to note that they looked at five options and the pump station turned out to be the most cost efficient.  However, the City would like to investigate the possibility of using the contained wetlands.  The goal of the study was to look at what would be required of the anti-degradation study so they could look at the contained wetlands.  There were two points in Geisler’s letter.  The first was to look at all options which they felt the study did satisfy this point.  The second point was the modular unites of the 10,000 gallons per day and/or adding a 20,000 gallons per day in lieu of the 60,000 per day that was started with.  They looked at a smaller unit because they did not know how the airport would expand.  He said they looked at technologies of 120,000 gallons per day.  When it came evident that a smaller unit would be appropriate, that was when they looked at the 10,000 gallons per day.  They did a quick study and it appeared if you look at a 10,000 gallons per day, it was favorable for the contained wetlands.  He said he did not know if Geisler was in favor of the decision or not.  Geisler had a 60,000 gallons per day study and the smaller study.  He said Black & Veatch would assist the City in discussions with KDHE.

            Rundle asked if the City needed to formally do the NPDES Permit process.

            Van Saun said “yes.”  Typically in the past, when the City pursued this process, they had engaged Black & Veatch to assist the City in that process, particular because the anti-degradation study was usually tied to the permit application process.

            Hack asked how long the permit application processes would take.

            Keller said “two” to “three” months.

            Van Saun said there was a long delay in getting the information back from KDHE.  Black & Veatch  was timely in getting the information to KDHE and the letter requesting the review of the study, but received no response from KDHE until now.

            Dunfield asked about the cost of the investment to the City in terms of developing that permit application.

            Keller said one concern was, what was considered for an anti-degradation study.  In discussion with KDHE, several of these studies had been done over the years.  He said they could look at the NPDES Permit and do water quality sampling during the various storms which would involve a collection of data analysis and the discharge.  He said the original study was $33,000.00 and thought the investment would be less.

            Kennedy had a concern about the study and KDHE decision of whether or not the City could not discharge.

            Keller said based on discussions with Geisler and Black & Veatch, that could be the case.

            Rick Bryant, Aviation Advisor Board, said the Advisory Board believed the sewer situation has come to a point to where a decision needed to be made and whether the City wanted the airport to continue to grow or not.  He said the Advisory Board has been talking about the sewer issue and the board did not care about the method.  The sewer plan as proposed by Black & Veatch was a 1.4 million dollar project with a design and construction timeline of approximately eighteen months total.  In 1991, KDOT’s Aviation Division, conducted a State wide study of the economic impact of airports on our local economies.  Ten years ago the Lawrence Airport was evaluated at contributing $10,000.00 annually to the local economic impact.  The City has missed out on opportunities at the airport to have business located in Lawrence.  Bryant said the Aviation Advisory Board would like to ask the City Commission to direct staff to review the City budget for available funds and make a decision on a program.

Rundle asked Keller about the sizing of the sewer line and how that would affect the flow problems.

            Keller said if talking about a pump station, they could size that for 1,000 gallons per day and the construction of 1,000 gallons per day.  To meet minimum KDHE requirements, the pump station could be expanded to 315,000 gallons per day.  He said the pump station would take on variable flows.

Rundle had a concern about putting in a pump station and would this station stimulate development prior to having a North of North Street Plan.  The City might not want to stimulate development because of the stormwater and floodplain issues.  He said this could be pursued as an alternative because the City was continuing to grow.

            Henry asked what year the City’s new airport terminal was dedicated.

            Wildgen said the late 1980’s.

            Henry said a number of years ago there was a decision to enhance and move the airport from the backside of the field to the front.  The facility was now being out distanced by technology and needed to be up-to-date.  He said the City Commission needed to look at the North of North Street Plan.

            Hack concurred with Henry.  She said this was a good opportunity for the City to move forward.

            Dunfield said the City had an opportunity to move forward on both fronts.  The City needed to evaluate the relationship with the airport and the North of North Street Plan.  On the other hand, the City was now looking at the potential for a contained wetland system which not only met the criteria that KDHE had given the City as required for the permit, but potentially would save tax payers $700,000.00 dollars.  While it was important the City find solutions to the issue of sewers at the airport and a solution that would go beyond septic fields, the City was also seeing the amount of sewage flow had the potential to stay low even as the airport develops.  It was worth the time and investment of additional study to get a more definitive response from KDHE.  The time being spent on that investigation would coincide with the time being spent finishing up the North of North Street Plan.  In time, the City would be able to present KDHE a more comprehensive look at the situation.

            Kennedy concurred with Dunfield.  He said that with this process the City would have a chance to create contained wetlands.

            Rundle said he recognized the City Commission wanted to move forward.

            Moved by Dunfield, seconded by Kennedy, to authorize Black & Veatch to develop a scope of services and cost to proceed with the NPDES permit application process up to and including the completion of the anti-degradation study.  Motion carried unanimously.               (14)

            Price Banks, Attorney, representing the applicant, presented a request concerning annexation in North Lawrence.  He said on May 8, 2001, the Schomer’s, owners of Hardister’s Paint Co., located in North Lawrence, submitted a petition for annexation of a piece of property.  He said the proposed parcel was one piece of property, but at some point in history, the City annexed the 350’ depth long North 3^rd Street and left the remainder of the property in an unincorporated area.  He said there was no intent to develop the annexed portion.  At the time the applicants requested annexation, they also requested to initiate rezoning.  On the County zoning map, the map appeared to show the area as zoned industrial, but was actually zoned agricultural.  At that time, staff suggested they initiate a separate zoning petition.

Dunfield asked if the applicant was proposing no change in use or no development, why did they need to be annexed.

            Banks said the property was not current being used consistently with the agricultural district in the County.

            Mike Wildgen, City Manager, asked what the request was for rezoning.

            Banks suggested the property be zoned as an industrial district, but the front of the property was zoned C-4, therefore, the zoning request was C-4.

            Rundle asked if the applicants were able to come into compliance with the County regulations.

            Banks said that was the problem, they were using the property in conjunction with the business. 

            Rundle said he has a concern about setting precedent by bringing the land into the City and rezoning it in accordance.

            Kennedy said by the applicant having to come into compliance with the County, it would become a piece of property that could be effectively used as agricultural.  He was in favor of he annexation.

            Dunfield said he preferred to see an accommodation with the County with continuing the current use of the property.  What the City would be doing by accepting the annexation, was conditioning the rezoning.  This would be a more difficulty step to take then simply denying annexation.  Once the property was annexed into the City, the assumption was that if the property was part of C-4 zoning then it should be zoned C-4.  He said it would seem harder to make a case and if the City did, the current owner’s did not intend to develop or change the use.  This would become irrelevant because any future owner that had a piece of property zoned C-4 would be able to use the property for anything C-4 in the City.   This property was also a piece of floodplain property which the City was currently trying to develop new regulations concerning floodplain.

            Kennedy said if the owner sold the property in the future, any future development that would occur on that property, the new owner’s would need to go through the whole planning process.  This planning process would then raise a red flag in which the City Commission could deny building in the floodplain.

            Rundle asked about what regulations the applicants were operating under.

            Banks said they were operating outside the restrictions of the zoning district.

            Rundle asked if the applicants could rezone the property in the County and come into compliance.

            Banks said they did not initiate the annexation because they did not want to put the Planning Commission on the spot.  There was a possibility to annex the property on the condition of approval of the zoning and not publish the annexation until after the zoning went through the Planning Commission.

            Corliss said the typical development proposal was to consent to the annexation conditioned upon the rezoning request.  In this situation, the request was for obtaining City services.

            Henry asked staff if there were any other parcels of land applying for annexation prior to the moratorium.

            Corliss said he was unaware of any pending annexation request other than West 6^th Street and Wakarusa.

            Dunfield said if this property was annexed and C-4 zoning was approved before changes to the floodplain regulations occur, if at a later point, would the City run into a “takings” issue because the property was part of the floodplain which could not be developed.

            Corliss said it was not the change in the zoning, but whether or not the use was legal at the time the rules were changed.  If you changed the rules whether it was floodplain rules or other rules, the use would no longer be allowed to continue.  This would be considered a non-conforming use.

            Dunfield asked if an owner proposed a change of use, could the City deny the request.

            Corliss said “yes.”

            Rundle said he was inclined to see the applicant try to resolve this issue at the County level.

            Hack said she had a concern about these issues when the City Commission decided to do the moratoriums.  She said the process of doing the annexation pending the rezoning was appropriate.

            Dunfield said Corliss comments eased his concerns in terms of the use versus zoning issues.

            Moved by Rundle, seconded by Kennedy, to approve the annexation request for property located in North Lawrence, pending the rezoning request.                                        (15)

Mary Siegrist said the Lawrence Coalition for Homeless Concerns was seeking a year round shelter for the homeless.  The coalition was respectfully asking the City Commission to act now.  The City has the financial resources to complete this transaction for a shelter for the homeless.  She asked the City Commission to consider a year round shelter for the homeless at the August 7, 2001, Budget Planning Session.                                                                     (16)

Moved by Kennedy, seconded by Henry, to adjourn at 8:37 p.m.   Motion carried unanimously.

 

 

 

 

                                                                        APPROVED:

                                                                        _____________________________

Mike Rundle, Mayor

ATTEST:

 

___________________________________                                                                        

Diane Trybom, Deputy City Clerk

COMMISSION MEETING JULY 31,  2001

1.                  Ordinance No. 7381 – 2^nd Reading, Temporary moratorium, annexed property located in designated floodplain areas.

2.                  Ordinance No. 7382 – 2^nd Reading, Temporary moratorium, annexed property located N of KS River.

3.                  Ordinance No. 7377 – 2^nd Reading, Uniform Housing Code.

4.                  Ordinance No. 7380 – 2^nd Reading, Uniform Building Code.

5.                  Mortgage Release – 729 Missouri, Earl & Arvelda Wright.

6.                  Zoning Legal Description – Westwood Hills

7.                  Variance – Master Water Meter at Briarwood Cottages

8.                  2001 Economic Development Activity Report.

9.                  Western Resource Rate Case.

10.              2001 Six Month Financial Report.

11.              KDOT Chief Counsel – SLT

12.              Site Plan – (SP-06-28-01) 600 Blk alley between Mass & New Hamp (deferred for one week)

13.              Special Assessment Benefit District – Florida St., 6^th to 7^th.

14.              Airport – KDHE response to Sanitary Sewer options.

15.              Annexation – North Lawrence, Schomer’s (Hardister’s Paint Co.)

16.              Lawrence Coalition For Homeless Concerns – Request for year round shelter for homeless.