August 28, 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 month of September 2001 as “Smart Growth Month.”

As part of the consent agenda, it was moved by Henry, seconded by Hack, to approve the City Commission meeting minutes of August 21, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to approve the Traffic Safety Commission meeting minutes of August 6, 2001; the Neighborhood Resources Advisory Committee meeting minutes of August 9, 2001; the Economic Development Board meeting minutes of July 19, 2001; the Bicycle Advisory Committee meeting minutes of July 17, 2001; and, the Recycling and Resource Conservation Advisory Board meeting minutes of July 11, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to approve claims in the amount of $9,803,976.13 and payroll from August 12, 2001 to August 25, 2001 in the amount of $1,191,539.81.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to set bid date of September 11, 2001 for Lawrence Avenue, 6^th to Homestead, and Alvamar Drive, Milling, Overlay, and Curb Repair.  Motion carried unanimously.

The City Commission reviewed the bids for 22^nd and Kasold Geometric Improvements for the Public Works Department.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to award the bid to Meadows Construction Co., in the amount of $115,490.50.  Motion carried unanimously.

The City Commission reviewed the bids for Public Works Facility Sanitary Sewer and Waterline Improvements for the Public Works Department.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to award the bid to McLouth Excavating Co. Inc., in the amount of $63,783.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to authorize the purchase of pedestrian signal equipment from Gades Sales Co. of Wichita, in the amount of $23,160.00.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Hack, to place on 1^st reading Ordinance No. 7401, rezoning [Z-05-20-01] from R-S 2 (Single Family Residence District) to C-1 (Inner Neighborhood Commercial District), located at 409 East 12^th Street.  Motion carried unanimously.                                                                                                                                (1)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to receive the order of the Board of County Commissioners approving the annexation of property along the West 6^th Street corridor; and, place on 1^st reading Ordinance No. 7397, annexing approximately 13.81 acres, located on the NW corner of West 6^th Street and Wakarusa.  Motion carried unanimously.                                                                                                                                   (2)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to receive the order of the Board of County Commissioners approving the annexation of property along the West 6^th Street corridor; and, place on 1^st reading Ordinance No. 7398, annexing approximately 18.71 acre, located west of West 6^th Street and Wakarusa.  Motion carried unanimously.           (3)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to receive the order of the Board of County Commissioners approving the annexation of property along the West 6^th Street corridor; and, place on 1^st reading Ordinance No. 7399, annexing approximately 17.05 acres, west of West 6^th Street and Wakarusa.  Motion carried unanimously.                      (4)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to receive the order of the Board of County Commissioners approving the annexation of property along the West 6^th Street corridor; and, place on 1^st reading Ordinance No. 7400, annexing approximately 15.1 acres, located east of E 1000 Rd (Queen’s Road).  Motion carried unanimously.                 (5)

Ordinance No. 7394, adopting Zoning Code (TA-01-01-01) Text Amendments establishing the Urban Conservation Overlay District, was read a second time.           

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

Ordinance No. 7395, establishing the Downtown Lawrence Zoning Overlay District, and adopt the Administrative Policy referencing the Downtown Design Guidelines, was read a second time.  

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

Ordinance No. 7396, authorizing the execution of a loan agreement for the purpose of obtaining a loan from the Kansas Public Water Supply loan fund for the purpose of financing a public water supply project, was read a second time.                                                          

As part of the consent agenda, it was moved by Henry, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                   (8)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to approve the site plan (SP-5-27-01) for an industrial building, located on the southwest corner of Haskell Avenue and LaSalle Avenue, subject to the following conditions:

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

2.                  Provide a note referencing the approved variance for the curb return;

3.                  Provide a 6’ high solid wood fence along the west property line;

4.                  Provide 4-5 large shade trees along the west property line;

5.                  Label the 5’ Utility Easement on the south property line;

6.                  Provide at least 3’ in height of stacked boulders along the east side of the parking lot per the screening requirements of the Zoning Ordinance;

7.                  Show a 15’ minimum driveway radii;

8.                  Provide fire lane signs from Haskell Ave. west to the loading dock on the new entrance drive, both sides;

9.                  Filing of the Final Plat at the Register of Deeds prior to release of the Site Plan to Neighborhood Resources; and,

10.              Approval of revised plan and drainage study by Stormwater Engineer.

Motion carried unanimously.                                                                                                         (9)

                        As part of the consent agenda, it was moved by Henry, seconded by Hack, to receive the petition for public improvements for the construction of George Williams Way, south of West 15^th Street; adopt Resolution No. 6330, establishing the benefit district for this improvement.  Motion carried unanimously.                                                                                                             (10)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to accept the dedication of right-of-way for the western half of Research Park Drive, located south of West 15^th Street.  Motion carried unanimously.                                                                                     (11)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to concur with the Traffic Safety Commission’s recommendation to deny the request to establish “no parking” along the south side of 4^th Street between Alabama Street and Maine Street.  Motion carried unanimously.                                                                                                                          (12)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to concur with the Traffic Safety Commission’s recommendation and place on first reading Ordinance No. 7402 establishing “no parking” along the south side of Moundview Drive between Rockledge Road and Century Drive.  Motion carried unanimously.                                                          (13)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to concur with the Traffic Safety Commission’s recommendation to deny the request to establish additional “no parking” along the east side of Connecticut Street adjacent to 13^th Street.  Motion carried unanimously.                                                                                                                                 (14)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to concur with the Traffic Safety Commission’s recommendation to deny the request to establish traffic control at the intersection of Overland Drive and Sierra Drive.  Motion carried unanimously.   (15)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to authorize the City Manager to execute an Engineering Design Contract with Terra Technologies for 15^th and Lawrence Avenue Stormwater Improvements, in the amount of $47,601.00.  Motion carried unanimously.                                                                                                                     (16)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to authorize the City Manager to execute an Engineering Design Contract with TranSystems Corporation for Barker Neighborhood Traffic Calming Improvements, in the amount of $71,861.00.  Motion carried unanimously.                                                                         (17)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to authorize the City Manager to execute supplemental agreement with Hamm’s Asphalt, Inc., for taxiway improvements at the Lawrence Municipal Airport, in the amount of $781,825.50.  Motion carried unanimously.                                                                                                                      (18)

As part of the consent agenda, it was moved by Henry, seconded by Hack, to authorize the Mayor to sign a Release of Mortgage for Fran Hewitt, 408 Lincoln.  Motion carried unanimously.                                                                                                                                (19)  

[No. 9a on the Consent Agenda was removed by Mike Berry for discussion]

Brian Pedrotti, Planner, presented the proposed site plan (SP-07-43-01) approval for the expansion of an existing parking lot for Enterprise Rent-A-Car, located at 1717 W 6^th.  He said the applicant was not in agreement with Condition No. 2 which provided cross-access easements between the subject property and the adjacent property to the east.

Dunfield asked staff about defining where easement should occur.

David Corliss, Assistant City Manager, said the applicant would need to dedicate cross-access easements to the properties to the east and west/south.  He said in the future, the dedication of cross-access easements would permit cross traffic upon redevelopment of the property.  

Mike Berry, Professional Engineering Consultant, said the property was vacant and needed to be site planned.  The property was replatted and did not meet current standards.  He said to his understanding, the cross access easement was considered to be private property and would need to be maintained by the property owner. 

Kent Lindemuth, the property owner of record, said he had a concern about maintaining the property and elimination of an access point.  He stated that the cross access was not the issue.  His concern was the diminuation of value of the property by removing the access point to this piece of property.  The government needs to use condemnation to "access" property for public use.           

Mike Wildgen, City Manager, said the Hillcrest Shopping Center was an example of where the City should have a cross-access easement.  That site plan was reviewed this spring and staff recommended elimination of the access point, but because there was no internal access, staff felt the access point should stay.  This was an access management issue and sometimes it did take twenty to thirty years to accomplish.  He said the City was trying to think ahead.

Corliss said he wanted to make it clear the City was talking about both the opportunity for access of consolidation and for an access easement between this site and the two adjacent properties.  This vehicle might give the City the opportunity to close the curb cut and consolidate with another curb cut in the future.  The City has a responsibility by law of providing reasonable access to a property.  Staff’s envision was an opportunity to consolidate this curb cut with the Fraternal Order of Eagles Driveway in the future which would allow access from his property in the back and the new curb cut.  He said the City did not know what the future would bring, but this property was going to expand.  When this site plan was approved, they would be able to pull a building permit making those improvements and the City would not have the regulatory ability to make this type of cross-access arrangement. He said this was a reasonable exercise of the City’s site planning powers. When the adjoining properties redevelop, the City would have the access issue addressed with this property.    

Rundle asked if the terms ingress/egress and cross-access easements were semantically different.   

Corliss said the cross-access easement, in the way it was appropriately drafted, allowed for users of an adjoining property to have access onto that property for the limited purpose of traveling across that property.  This would obviously need to be part of redevelopment site plan and the property owner would be directly involved with those kinds of discussions.  He said this property did not need to plat additional right-of-way for 6^th Street.     

Rundle said he was familiar with these types of site plan agreements and felt these site plans usually work out for the mutual benefit of both the property owner and the public.  He supported staff recommendation for the site plan

Kennedy concurred with staff’s recommendation for the cross-access easement agreement.  He said these types of site plans have worked in the past and would not damage this property due to the fact the redevelopment would be in the back.

Hack said the plan was that 6^th Street should not appear like 23^rd Street and supported staff’s recommendation.

Henry concurred with Hack.

Moved by Rundle, seconded by Dunfield, to approve the site plan (SP-07-43-01) for the expansion of an existing parking lot for Enterprise Rent-A-Car, located at 1717 W 6^th, subject to the following conditions:

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

2.         Filing of cross-access easements by separate instrument with the Register of Deeds;

a.   Between the subject property and the adjacent property to the east; and,

b.         Between the subject property and the adjacent property to the west/south;

3.   Provide a note on the face of the Site Plan referencing the book and page numbers of the cross-access easements filed by separate instrument; and,

4.         Provide dimensions and setbacks of trash enclosure.   

Motion carried unanimously.                                                                                         (20)

Mike Wildgen, City Manager, said the first two of the City’s 30 foot, 25 passenger buses would be arriving.  He said all the buses should be in Lawrence by this winter.

Bill Carswell, Chair, said “The letter from the Lawrence Roundtable for the Arts was discussed and a motion was made and seconded to support their request to the City Commission that the next PerCent for Art project be a piece recognizing Langston Hughes, following the intent of the letter.  The motion passed unanimously.  There was broad Lawrence Arts Commissioner enthusiasm for the idea.  You may have noticed that the recent Lawrence Arts Commission Budget Request for 2002 requested funding for a Langston Hughes Plaque.” He said, “For your information, some additional comments were made in the Commission’s discussion.  It was noted that some aspects outlined in the Lawrence Roundtable for the Arts letter regarding the style, location and artist selection, impinged upon the prerogative of any future duly appointed Selection Committee’s approved procedures.  It was felt that the Lawrence Arts Commission should not endorse procedures which preempt options in its own Selection Guidelines.  A future Selection Committee, after its inception, may chose to endorse and adopt these aspects in the letter to the extent that they meet the approved Guidelines.”  Carswell said by vote, the Lawrence Arts Commission supports the intent of the Lawrence Roundtable for the Arts request that the next PerCent for Arts Project be recognition to Langston Hughes.

Rundle had a concern about the site selected being appropriate.    

Carswell said there was a detailed issue the “questions of appropriateness about the suggested site for any Langston Hughes piece due to the unknown future use of the Carnegie Library Building.”  Traditionally the sites have been given to the Arts Commission.  He said the Arts Commission had procedures for site review and selection. 

Hobart Jackson, member of the Lawrence Roundtable for the Arts, said their reasons for preferring the Carnegie Library site was to preserve the historical meaning of the Carnegie Library as well as preserving the historical connection of Langston Hughes having read at that library as a boy.  He said the Lawrence Roundtable for the Art’s hope, was that whatever use might come to the Carnegie Library, there would be recognition the original building was completed in 1903.  There were twenty-nine signatures on the letter from the Lawrence Roundtable for the Arts.  These signatures represented various art related constituents in the City which represented a broad consensus of support for this particular idea.

Rundle asked Wildgen what funds were available or anticipated for next year.

Wildgen said the funds for 2001 were going to a Lawrence Memorial Hospital project.  There were no projects in the year 2000 that qualified under the PerCent for Arts Program so there was no money budgeted.   Wildgen said there were $53,000.00 from the sales tax fund, but in the past, there was a general indication that this money would be used for the Sesquicentennial Project.  The Aquatic Center Project had approximately $8,000.00 available.  He said there were few funds available in the immediate future     

Rundle said he recognized the significance of Langston Hughes. 

Dunfield said he thought this was an appropriate suggestion and said the City would be facing the issue of how to maintain the Carnegie Library Building. 

  Moved by Dunfield, seconded by Kennedy, to concur that the next PerCent for Arts Project recognize Langston Hughes                                                                                             (21)

            Mike Wildgen, City Manager, presented the staff report on the status of public transit bus shelters.  The City was eight months into the bus program and the next step would be to acquire bus shelters.  The City had approximately $500,000.00 in federal earmarked dollars that were released for the purchase of twenty Bus Shelters.

            Rundle asked about cost ranges apart from the site preparation.

            Karin Rexroad, Public Transit Administrator, said approximately $3,000.00 to $5,000.00 per shelter.

            Kennedy asked if the City had enough money to acquire twenty shelters.

            Rexroad said there would be forty-eight shelters over a three-year period because it was a three-year grant.  She said the City might not want forty-eight shelters, but they could make changes within the grant.       

            Moved by Kennedy, seconded by Hack, to proceed with staff’s recommendations for bus shelter procurement.                                                                                                               (22)

                George Williams, Public Works Director, said at the City Commission Meeting of July 31, 2001, concerning the public hearing on the proposed street improvements and special assessment benefit district for Florida Street, from 6^th to 7^th Streets, the City had received  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.  It was recommended that staff find the location of the owner of that property and provide the City Commission with a report on their findings.  Williams said he received a letter from the property owner on August 4, 2001, stating her concerns about the assessment.  He asked the City Commission for direction.   The benefit district was assessed on the basis of front footage along Florida Street.  He suggested assessing the property based on the appraised value. 

            Rundle asked if the City had a new hearing for a different method of assessment, did that make the first hearing null and void?

            Corliss said “yes.”  It would be appropriate to have another public hearing.     

            Lillian Sudlow, 1416 West 7^th, said she wanted to thank the City Commission for postponing the discussion until she could address the City Commission.  She said her property was residential and had lived there for forty-eight years.  In that time, the property had become surrounded by commercial properties.  These properties had created more traffic as well as produced revenues.  She said she did not feel it was appropriate that she be assessed as a private property owner.  She asked the City Commission to exclude her from the benefit district. 

                A concerned citizen said he thought that any assessment to Sudlow property should be excluded and the road that currently exists, worked well. 

            Mike Wildgen, City Manager, said there were three ways to assess property.  They were square footage, appraised value, and front footage.

            David Corliss said there was a legal difficulty in excluding the Sudlow property from the benefit district.

            Rundle said the City Commission worked with sympathy in these situations, but generally the philosophy was the property would benefit from the roadway, should it develop in the future into a commercial use.

            Jean Ellermeier had a concern about Sudlow’s assessment because of an increase in medical costs and living on a limited income.    

            Henry said, if the City Commission could not legally exclude Sudlow from the benefit district, the City Commission needed to take a closer look at making the assessment appropriate because the assessment benefits commercial far more than residential in that area.

            Dunfield said he did not think the improved road would be a benefit for future redevelopment of the property because the property was zoned in a residential district.  The City Commission could find the Sudlow property did not benefit from this street improvement.             Hack asked if the City Commission could defer this item.  She asked Wildgen if an alternative could be “not to improve the road?”

            Wildgen said “yes.”  The history of the other redevelopment indicated the road needed to be improved because the City had received no-protest agreements from the residents in the area.

                The City Commission deferred the proposed improvements to Florida Street, 6^th to 7^th until a thorough evaluation of options had been reviewed.                                                                          (23)

            Mike Wildgen, City Manager, presented the staff report on the proposed Request for Tenant Proposals for the hangar at the Lawrence Municipal Airport (former Dreamwings hangar).

He said the tenant, Dreamwings, L.L.C., had delinquent payments for several months.  Dreamwings tried to enter the bankruptcy court and was denied after a hearing because there were no funds available for distribution to unsecured creditors; the debtor was incapable of reorganizing; and, lack of business activity.  The Kansas Innovation Corporation (KID) would pay the City half the lease amount for storing materials in the hanger.  Wildgen said staff was asking for the City Commission’s approval to begin an RFP process to find a suitable tenant for the building.   

            Moved by Rundle, seconded by Hack, to approve the request from staff to prepare a Request for Proposals (RFP) to find a suitable tenant for the Lawrence Municipal Airport.       (24)

Mayor Rundle called a public hearing on the proposed vacation of a utility easement at 3441 and 3443 Morning Dove Circle.

            George Williams, Public Works Director, presented the staff report on the proposed vacation of a utility easement at 3441 and 3443 Morning Dove Circle.  He said the vacation was approximately 1 ½ feet encroachment into the utility easement.  The title company had found this encroachment in a survey they had performed.  He said staff’ recommendation was to vacate.

            Moved by Kennedy, seconded by Henry, to close the public hearing.  Motion carried unanimously.

            Moved by Henry, seconded by Kennedy, to approve the order of vacation of a utility easement at 3441 and 3443 Morning Dove Circle.  Motion carried unanimously.                           (25)

            Moved by Kennedy, seconded by Henry, to adjourn at 7:48 p.m.   Motion carried unanimously.

 

 

                                                                                    APPROVED:

                                                                        _____________________________

Mike Rundle, Mayor

ATTEST:

 

___________________________________                                                                       

Diane Trybom, Deputy City Clerk

COMMISSION MEETING AUGUST 28,  2001

 

1.                  Ordinance No. 7401 – 1^st Reading, rezone (Z-05-20-01), RS-2 to C-1, 409 E 12^th.

2.                  Ordinance No. 7397 – 1^st Reading, annex, 13.81 acres, NW corner of W 6^th & Wakarusa.

3.                  Ordinance No. 7398 – 1^st Reading, annex 18.71 acres, W of W 6^th & Wakarusa.

4.                  Ordinance No. 7399 – 1^st Reading, annex 17.05 acres, W of W 6^th & Wakarusa.

5.                  Ordinance No. 7400 – 1^st Reading, annex 15.1 acres, E of 3 1000 Rd. (Queens Rd).

6.                  Ordinance No. 7394 – 2^nd Reading, zoning (TA-01-01-01), Urban Conservation District.

7.                  Ordinance No. 7395 – 2^nd Reading, Downtown Zoning Overlay District,  Design  Guidelines.

8.                  Ordinance No. 7396 – 2^nd Reading, Loan agreement from KS Public Water Supply.

9.                  Site Plan – (SP-5-27-01) Industrial Bldg, SW corner of Haskell & LaSalle Ave.

10.              Resolution No. 6330 – Petition for public improvements, George Williams Way, S of W 15^th.

11.              Dedication of Right-of-Way – W half of Research Park Dr., S of W 15^th.

12.              TSC – Deny, “no parking”, S side of 4^th between Alabama & Maine.

13.              Ordinance No. 7402 – 1^st Reading, “no parking”, S side of Moundview between Rockledge & Century Dr.

14.              TSC – Additional “on parking”, E side of Connecticut adjacent to 13^th.

15.              TSC – Deny traffic control, intersection of Overland & Sierra Dr.

16.              Engineering Design Contact – 15^th & Lawrence Ave., to Terra Technologies for $47,601.

17.              Engineering Design Contract – Barker Neighborhood Traffic Calming, to Transystems for $71,861.

18.              Supplemental Agreement – Taxiway at Lawrence Municipal Airport to Hamm’s Asphalt for $781,825.50.

19.              Mortgage Release – 408 Lincoln, Fran Hewitt.

20.              Site Plan – (SP-07-43-01) Enterprise Rent-A-Car, 1717 W 6^th.

21.              PerCent for Arts Project – Langston Hughes.

22.              Public Transit Bus Shelters.

23.              Benefit District – Florida, from 6 to 7^th. (deferred)

24.              Airport – Dreamwings, delinquent payments, RFP for suitable tenant.

25.              Order of Vacation – Utility Easement at 3441 & 3443 Morning Dove Circle.