December 18, 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 along with the City Commission and staff recognized George Williams, Public Works Director, for his 46 years of service to the City of Lawrence.

            Commissioner Dunfield announced that the City of Lawrence and Douglas County are working together to move toward the designation of a National Heritage Area for this region focused on Bleeding Kansas and its Free State heritage.  He explained that National Heritage Areas are designated by Congress and are promoted and supported by the National Park Service.  Dunfield explained that the first step in seeking Congressional designation is to conduct a feasibility study.  Additional steps include submitting the feasibility study to the Secretary of Interior for approval and ultimately submitting the National Heritage Area to Congress for approval and for an appropriation for funding.

            Dunfield also announced the members of a National Heritage Area Committee.  Committee members are: Deanell Tacha, Chair, Judy Billings, Dee Ann Deroin, Bill Dulin, David Dunfield, Nancy Hiebert, Mike Hoeflich, Charles Jones, Del Shankel, Fred Six, Bill Tuttle, and Ranita Wilks.  Dunfield explained that this committee would meet from now until July 1, 2002 to study the geographic, historical, and sociological attributes of our area that would contribute to the creation of a National Heritage Area.  He explained that by July 1, 2002 the committee would be ready to begin to draft the feasibility study.  The feasibility study drafting should take about one year and the goal is to have National Heritage Area designation by the Sesquicentennial celebration in 2004.  He said that creation of a local National Heritage Area would create a source of civic pride, provide educational and cultural opportunities, and boost local tourism.

                Moved by Kennedy, seconded by Hack, to approve the formation of a National Heritage Area Committee.  Motion carried unanimously.  

Mayor Rundle received a flag banner from the students in Eutin German, a Sister City of Lawrence.  This flag was given by students from Germany to recognize the  victims of the terrorist attacks of September 11, 2001, against America.   

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the City Commission meeting minutes of December 11, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the Lawrence-Douglas County Metropolitan Planning Commission meeting minutes of November 28, 2001; the Public Transit Advisory Committee meeting minutes of November 20, 2001; the Lawrence-Douglas County Housing Authority meeting minutes of October 23, 2001; the Lawrence-Douglas County Public Health Board meeting minutes of October 22, 2001; and, the Parks & Recreation Advisory Board meeting minutes of November 13, 2001.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve claims to 411 vendors in the amount of $2,803,835.49 and payroll from December 2, 2001 to December 15, 2001 in the amount of $1,255,539.64.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the Drinking Establishment Licenses for The Bourgeois Pig, 6 East 9^th Street; Don’s Steak House, 2176 East 23^rd; Salty Iguana Mexican Restaurant (New), 4931 West 6^th; Veteran of Foreign Wars, 138 Alabama St.; Alvamar Country Club, 1809 Crossgate Dr.; Pizzeria Uno Chicago, 3333 Iowa; Eldridge Hotel, 701 Massachusetts (Contingent Upon State License); India Palace, 129 East 10^th; El Mezcal Mexican Restaurant, 1819 West 23^rd; Kaspar’s Bar & Grill, 3115 West 6^th, Ste: D; Ixtapa of Lawrence (New), 2016 West 23^rd, Ste: B; Imperial Garden, 2907 West 6^th; Buffalo Wild Wings Grill & Bar (New), 1012 Massachusetts; It’s Brother’s Bar & Grill, 1105 Massachusetts (Contingent Upon State License); Jet Lag Lounge, 610 Florida; Mad Greek, 907 Massachusetts; the Retail Liquor Licenses for Linda’s Liquor, 3032 Iowa; Spirit Liquor, 600 Lawrence Ave., Ste: A; and the Cereal Malt Beverage Licenses for Alvamar Orchards, 3000 West 15^th; Buffalo Bob’s Smokehouse, 719 Massachusetts; Bull Winkles, 1344 Tennessee; Checker’s, 2300 Louisiana; Chip’s, 2220 Harper, Ste: B; Commerce Plaza, 3034 Iowa; Conoco, 1030 North 3^rd; Conoco, 955 East 23^rd; Dillon Store No. 19, 4701 West 6^th; Dillon Store No. 43, 1740 Massachusetts; Dillon Store No. 68, 3000 West 6^th; Dillon Store No. 70, 1015 West 23^rd; Dud’s N’ Suds, 918 Mississippi; Eagle Bend Golf Course, 1250 East 902 Rd.; East Side Tavern, 900 Pennsylvania; El Matador Café, 446 Locust; Fastlane (Conoco), 1414 West 6^th; Food-4-Less, 2525 Iowa; Godfather’s Pizza, 721 Wakarusa; Godfather’s Pizza, 711 West 23^rd; Hillcrest Amoco, 914 Iowa; Hy-Vee Food Store, 3504 Clinton Pkwy; Hy-Vee No. 2, 4000 West 6^th; Jayhawk Food Mart, 701 West 9^th; KWIK Shop No. 702, 1846 Massachusetts; KWIK Shop No. 718, 3440 West 6^th; KWIK Shop No. 721, 845 Mississippi; KWIK Shop No. 773, 1714 West 23^rd; KWIK Shop No. 784, 1420 Kasold, KWIK Shop No. 785, 1611 East 23^rd; KWIK Shop No. 786, 4841 West 6^th; La Familia Café, 733 ½ New Hampshire; Lawrence Pizza Co., 601 Kasold Dr., Louisiana Amoco, 2301 Louisiana; Miguel’s La Familia, 2223 Louisiana; Miller Mart No. 401, 2301 Wakarusa Dr.; Miller Mart No. 410, 3300 West 6^th; Mini Mart, 1733 Massachusetts; Mini Mart, 2447 West 6^th; Mojo’s, 714 Vermont Ste: A, Montana Mike’s, 1015 Iowa; Pizza Hut, 4651 West 6^th; Pizza Hut, 600 West 23^rd, Pizza Hut, 934 Massachusetts; Presto Convenience, 1802 West 23^rd; Quick Shop, 1000 West 23^rd; Quick’s Bar-B-Q, 1527 West 6^th; Rocky’s, 714 Vermont; Sam’s Food Mart, 1910 Haskell; Site Service Station, 946 East 23^rd; St. John’s Church, 1229 Vermont; Super Target, 3201 Iowa; The Crossing, 618 West 12^th; Total No. 4160, 501 West 9^th; Total Petroleum, 1010 North 3^rd; Yello Sub, 1814 West 23^rd; Zarco 66 No. 4, 1500 East 23^rd (All Cereal Malt Beverage License are Contingent Upon Departmental Approval).          

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the recommendation of the Mayor and appoint Shane McCall, Jeff Abbott and John Salvino to the Recycling and Resource Conservation Advisory Board.  Motion carried unanimously.

The City Commission reviewed the bids for waterline improvements at the Household Hazardous Waste facility for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to McLouth Excavating, Inc., in the amount of $29,811.00.  Motion carried unanimously.                                                                                                                                   (1)

The City Commission reviewed the bids for a compact utility vehicle for the Fire/Medical Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to award the bid to Jim Clark Motors, in the amount of $23,985.00.  This was the lowest bid that met bid specifications.  Motion carried unanimously.                                                                (2)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to set a bid opening date of Tuesday, January 15, 2002, for the following rehabilitation projects for Neighborhood Resources:  817 Alabama St., 812 Indiana St., 1826 New Hampshire St., 1324 Craig Court, 1402 East 18^th Terrace, and 1302 West 3^rd Street.  Motion carried unanimously.   (3)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the City Manager to enter into a contract with LandPlan Engineering for the Yankee Tank Relief Sewers Project, in the amount of $148,000.  Motion carried unanimously.              (4) 

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the City Manager to sign a Change Order with Garney Construction for the SE Pump Station Project, in the amount of $199,177.62.  Motion carried unanimously.                               (5)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on first reading Ordinance No. 7462, authorizing the removal of parking along Barker Avenue on alternating sides of the street, beginning at 15^th Street and ending at Winona Avenue.  Motion carried unanimously.                                                                                                          (6)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on first reading Ordinance No. 7463, establishing “yield signs” on Hampton Street at 25^th Terrance and Kensington Road.  Motion carried unanimously.                                                     (7)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to place on first reading Ordinance No. 7464, establishing “no parking” along the south side of North Street between 2^nd and 3^rd Streets, and along the east side of Airport Road.  Motion carried unanimously.                                                                                                                                           (8)

Ordinance No. 7455, amending Chapter 17, Article 7, of the City Code concerning bicycles, was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                     (9)

Ordinance No. 7456, establishing requirements for the removal of snow or ice from public sidewalks; establishing inspection, notice, and fine provisions governing such municipal offense, was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                    (10)

Ordinance No. 7458, authorizing a tax abatement for Reuter Organ Co., for fifty percent of the appraised value of equipment, land and building, in the amount of $3,697,389.00, was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                (11)

Ordinance No. 7457, authorizing special assessments for the public improvements at 6^th and Maine, was read a second time.

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                (12) 

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to adopt Resolution No. 6353, requesting the County Commission to approve the annexation of approximately 14 acres generally located along Noria Road, pursuant to K.S.A. 12-520c.  Motion carried unanimously.                                                                                                                     (13)

At the request of the applicant, the following four Monterey Way improvements items were deferred until January 8, 2002:  1) Resolution No. 6354, establishing January 8, 2002 as the public hearing date on the proposed special assessment benefit district to improve Monterey Way from north of Stetson to Peterson Roads; 2) authorize the Mayor to execute agreements not-to-protest a benefit district from property owners on the west side of Monterey Way; 3) Ordinance No. 7460, annexing approximately 5.0 acres (Brunfeldt); and, 4) Ordinance No. 7461, annexing approximately 1.5 acres (remainder of Spring Hill development).                                   (14)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-10-38-01) of approximately .337 acre from M-2 (General Industrial District) to C-5 (Limited Commercial District), property located at 1350 North 3^rd Street in North Lawrence; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                                     (15)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the selection of Springsted Financial Advisors for financial advisory services.  Motion carried unanimously.                                                                                                                    (16)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the medical director agreement with Dr. Scott Robinson for the Fire/Medical Department.  Motion carried unanimously.                                                                                   (17)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the variance request from Utility Code requirement for a single meter at 1942 Stewart Avenue, Building H.  Motion carried unanimously.                                                                        (18)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the request from Unity Church, 416 Lincoln, and Oread Friends Meeting House, 1146 Oregon, for a “Peace Pole” to be located in South Park.  Motion carried unanimously.              (19)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to approve the recommendation from the Lawrence Arts Commission for a mural to be painted on the southern wall of Cottin’s Hardware & Rental, 1832 Massachusetts.  Motion carried unanimously.                                                                                                                                      (20)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the Mayor to sign a Release of Mortgage for John Swift, 818 New York.  Motion carried unanimously.                                                                                                                                 (21)

As part of the consent agenda, it was moved by Kennedy, seconded by Dunfield, to authorize the Mayor to sign a Subordination Agreement for Rick and Julie Carr, 1506 Craig Court.  Motion carried unanimously.                                                                                             (22)

Ordinance No. 7453, rezoning of approximately 19.77 acres from RS-1 to PCD-2, located on the northeast corner of 31^st and Iowa Streets, east of the convenience store, was read a second time.

It was moved by Kennedy, seconded by Hack, to adopt the ordinance.  Aye:  Hack, Henry and Kennedy.   Nay: Dunfield and Rundle.  Motion carried.                                                  (23)

Ordinance No. 7454, rezoning of approximately 4.197 acres from RS-1 to PRD-1, located on the northeast corner of 31^st and Iowa Streets, east of the convenience store, was read a second time.

It was moved by Kennedy, seconded by Hack, to adopt the ordinance.  Aye:  Hack, Henry and Kennedy.   Nay: Dunfield and Rundle.  Motion carried unanimously.                  (24)

David Corliss, Assistant City Manager, presented a letter from Bob and Betty Lichtwardt indicating their desire to transfer to the City of Lawrence by warranty deed approximately 40 acres of property that they owned.  The property was located north of Free State High School in the northwest part of the community.  The Lichtwardt’s had been in consultation with the Kansas Land Trust discussing the desire to place a conservation easement on their property with the anticipation that the property would be transferred to the City.  The conservation easement document established a number of restrictions on the property.  Corliss explained that basically the restrictions allowed for only walking trails and other natural type of viewing purposes and the trails would be made of a natural surface and not concrete or asphalt.  This was in keeping with the grantors’ wish that this land be left as natural as possible.

Corliss then explained the legalities of the land transfer.  If the City Commission approved, the Lichtwardt’s would then execute a conservation easement which gave the Kansas Land Trust the right to make sure these restrictions were enforced in the years to come.  This served as a covenant on the property which governed the use of this property.  The City in turn would receive the property by warranty deed.  The Kansas Warranty Deed stated that the City of Lawrence would not take action to vacate what was now designated as County Road 625.  The deed also stated that the property would be known as the “Thomas-Hunter Walking Trails” in memory of Lyell Jay and Ethel Sanborn Thomas, and Wanda Sanborn Hunter.  Corliss said he could explain many number of legal ramifications of this deed, but legal issues were not the theme, it was the generosity of the donors and the opportunity to have this property as part of a natural legacy in our community.                 

Laurie Ward, Special Project Director for the Kansas Land Trust, said while the Kansas Land Trust held other conservation easements, this was the first public/private partnership in the State of Kansas using a conservation easement to protect land.  She said the Kansas Land Trust was grateful to the Lichtwardt’s and the City of Lawrence for this opportunity. 

Mayor Rundle said at the request of the grantors, the City would quietly accept the property.  He also encouraged friends and neighbors to thank the Lichtwardt’s for their generosity if they saw them at the grocery store or elsewhere in the community. He said these covenants would take a lot of work and future work to make sure this easement was preserved.

Commissioner Hack said it was a nice combination to have the National Heritage Area Committee that preserved and protected resources along with the donation of 40 acres to the Lawrence community on the agenda at the same time. 

Moved by Hack, seconded by Henry, to approve the receipt of 40 acres of donated property from Bob and Betty Lichtwardt.  Motion carried unanimously.                                (25)

Bill Carswell, Chair, Lawrence Arts Commission, presented the report for the Percent for Art Project at Lawrence Memorial Hospital pediatric wing with a unanimous recommendation from the Lawrence Arts Commission.  Three agendas that emerged from this project were: it was an interior project; it was portable; and, hygienic and cleanable.  Carswell said approximately 700 mailings were sent to various artists and artist organizations.  Twenty-three submissions were received, two from out of state.  The committee deliberated and narrowed the submissions down to four.  The Lawrence Arts Commission then unanimously recommended a local artist named Stephen Johnson. 

Carswell explained that the artist’s project is a five-part project:

1.                  Twelve original framed paintings from six different inter-racial and inter-generational children’s books;

2.                  A complete set of (16) children’s books illustrated and written by the artist;

3.                  A framed display of six interior spreads plus the cover of the book  My Little Blue Robot to be published in October 2002 (including a freestanding robot figure);

4.                  A large interactive robot sculpture with many parts and shapes plus a chest piece door that opens to remove a heart that spins; and,

5.                  A rocket ship stepladder that can be used to allow children to climb higher to interact with the robot pieces.

He said the arts commission suggested, as part of the plaque, that the City recognize Sally Six Hersh who was on the Arts Commission and the Percent for Art Selection Committee at the time of her death.                 

Mayor Rundle said it was a fitting choice and heartily agreed with the recommendation from the Lawrence Art Commission.

Commissioner Kennedy said the City of Lawrence had an active community in the arts and it was always a challenge for the Lawrence Art Commission to deliberate and vote on submissions when all of these artists deserve a place to display their artwork.  He concurred with the recommendation of the Lawrence Art Commission.

Commissioner Hack said she knew Sally Six Hersh and her family, and all the work that had been done in the pediatric wing of the hospital would make Sally happy.

Henry said it was a great project and the plaque would be a fitting tribute to Sally Six Hersh.

Moved by Kennedy, seconded by Dunfield, to approve the art selection from the Lawrence Arts Commission for the Percent for Art Project at Lawrence Memorial Hospital pediatric wing.  Motion carried unanimously.                                                                      (26)

            Karin Rexroad, Public Transit Administrator, presented the annual report concerning Lawrence’s pubic transportation system.  Rexroad said this was an exciting first year for the Lawrence Transit System.  She said from December 16, 2000 through December 15, 2001, the transit system has transported 195,094 residents of the Lawrence community and a total of $96,000 in fares which was more than anticipated.  She said she wanted to thank the Public Transit Advisory Committee (PTAC) who worked hard to fine tune the program.   The transit system was striving to obtain twelve passengers per revenue hour which was what a more mature system would do.  She also thanked MV Transportation and staff for the countless hours of service to the Lawrence Community. 

            Rexroad said the “T” has provided eight fixed routes.  Route 8 which travels through K.U. to South Iowa and Route 7, the Lawrence High School to Holcomb Park Recreation to South Iowa were popular routes.  It was important to remember that the community had requested these routes be on regular basis.  Route 6, the western Lawrence loop route was the most surprising in terms of its ridership.  People were using this transit system for a verity of reasons such as going to work and traveling to retail business. 

            Rexroad said in regards to revenue, passenger fares represented commitment to the transit service.  Monthly passes to passengers that were for the fixed route and paratransit services brought a 15% discount to the frequent rider.  Also, punch tickets were available to individuals who did not ride the “T” as frequently which alleviated the need for exact fare.           She said the most exciting part of the year was the arrival of the City’s new fixed route vehicles which went into service November 6, 2001.

            Rexroad said the biggest challenge was convincing the public to use the transit system and it was one of their goals for the coming year.  She said she has been working with the City’s Communications Coordinator to develop a communications plan to focus on this goal. 

            Rexroad said 20 shelters would be arriving and she would inform the City Commission of their locations.  Also, signage would be added to clarify route locations and transfers.  Another amenity would be the addition of four paratransit vehicles to help meet the demand for door-to-door services.           

            Commissioner Kennedy asked about the funding that was targeted for the “Great American Station Foundation” in east Lawrence at the Santa Fe Depot.

            Rexroad said the transit system had formed three committees.  One committee was to continually look at routing and scheduling; second, to work on the K.U. on Wheels coordination; and, third, to work on the Santa Fe Depot location and what options were available there.

            Michael Sweeten, MV Transportation, thanked the City Commission and staff for the opportunity to serve the Lawrence Community and to be a key team member in building the transit system. 

            Mayor Rundle acknowledged former Commissioner Hodges’ leadership for helping to get the transit system off the ground.                                                                                                 (27)

            Mike Wahlstedt, TranSystems Corporation, presented the preliminary report from the engineering consultant on the study of possible improvements to 31^st Street and the 31^st Street corridor.  The focus of this report was to look at the section between Haskell and Ousdahl and in particular between Haskell and Louisiana.  There were several projects that were related to this project such as the South Lawrence Trafficway and the City and Planning Commission’s efforts to develop a new transportation plan.  As a part of that process, the Planning Commission was looking at future land use throughout the City and developing traffic volumes for different roadway scenarios.  TranSystems had been using these traffic volume projections to help with the analysis.  He said one of the things TranSystems had used for the basis for these traffic volumes was an “existing plus committed model” which included all the projected land uses through a twenty-five year time span, but only included roadway improvements that were currently planned.  There would be additional improvements made to the street system that would help improve the traffic situation.  However, geographically, there were not a lot of east/west routes. 

            Wahlstedt said the traffic study showed that the intersections at Haskell and Louisiana were currently operating at service “F” which was below a desirable level.  There were unacceptable delays during the peak hours at these two intersections.

            In addition, future traffic projections were looked at that came from this model.  Typically, if building an improvement, it should be built with a certain life span, but obviously there were a number of constraints in this area.  One of the things determined early on was that an improvement could not be built to support the traffic at these intersections without getting into additional environmental permitting and other obstacles.  Another idea was to build an improvement that would give additional time to have the growth projections for that corridor.  On that basis, they were able to develop a number of improvements that could be done at these two intersections which were the choke points through the corridor and would potentially get another ten years of operation out of those two intersections.  This involved putting traffic signals at the intersections and adding turn lanes.  He said TranSystems looked at conditions with and without the SLT.  Basically, the SLT would just buy time.  If the SLT was not constructed, then the ten-year conditions might not last ten years.  If it was constructed, the operation at these two intersection would be longer.  Ultimately, even with the SLT projections, a significant amount of improvement would need to be made to the road which included widening 31^st Street to four lanes, plus providing turn lanes at the major intersections.  One interesting thing that was discovered through this process was that at one point, twenty or thirty years ago, 31^st Street was a four-lane road between Haskell and Louisiana.  He said after looking at some cross sections, it was possible to widen this street back to a four-lane road without encroaching on the wetlands in any major degree, but just having a four-lane road between the two intersections would not satisfy the traffic demand.  The important issue was to add turn lanes at the intersections and by the time this was done, then you would get into some of the environmental sensitive areas.             Wahlstedt said the improvements at the two intersections were approximately $1,000,000 apiece for this ten-year scenario.  Plus, $500,000 for 31^st Street between the two intersections which was basically pavement reconstruction because the payment was in poor shape in some areas.  They also included cost for some improvements west of Louisiana to Ousdahl which would be an extension of the same type of improvements that were proposed in the area around the projected Home Depot development.  That would be a four-lane median divided roadway with limited access points and would be a longer-term improvement which would cost approximately $2,500,000.  

            Wahlstedt said TranSystems had not gone into real depth on the section to the east (Ousdahl to Louisiana), but had provided numbers that were based on typical roadway cost to give an idea of where they were heading.

            He said they had presented all of this information to the County earlier in the week.  

            Rundle asked if TranSystems would do traffic projections for the eastern portion of 31^st Street in the next two to three months.                              

            Wahlstedt said “yes”, in the spring of 2002.

            Kennedy asked, with respect to the ten year improvements, did the City have enough right-of-way and property to be able to do the improvements at both Louisiana and Haskell, knowing that the City would have additional traffic before the City would get any other possible roadway built to the south.

            Wahlstedt said “yes.”  There were big sections of right-of-way through this area.  Certainly, for these improvements, he did not think there would be a need for additional right-of-way.  When the permanent improvements occurred, there might be some small sections of right-of-way needed in this area.  Toward Ousdahl there were improvements that encroached in the right-of-way, but for that intersection, including the intersections at Haskell and Louisiana, there did not appear to be a need for additional right-of-way.

            Kennedy asked if the estimated improvement costs for each of those intersections included signalization.

            Wahlstedt said “yes.”  In addition, depending on how you treat the improvements, they include things like curb and gutters and some stormsewer work.  If done on an interim basis, you might not want to include all those types of elements in the improvement.    

            Rundle asked Wahlstedt to expand on the section in TranSystems preliminary report that dealt with “Beginning about 1000 feet west of Louisiana Street, in areas that are less environmentally sensitive and are more likely to develop commercially.”

            Wahlstedt said the Planning Department developed a plan for that area that consisted of office space and higher density residential.  He did not anticipate anything different.  Sometimes commercial office and retail were wanted in that same category.

            Dunfield said the preliminary report stated there was a need for Louisiana Street to become a four-lane street between 31^st and 23^rd Streets.  He believed this City Commission and previous Commissions had taken positions that this was not a desirable direction for the City to go on Louisiana Street.  This Commission was trying to maintain the residential quality of that street and it was an important goal.  He said he would like to see some acknowledgement of this position in the report.    

            Wahlstedt said he was aware of the history along Louisiana Street and it would make sense in that environment that the City Commission did not want a four-lane road through there.  The traffic volume projections from the model suggested there was volume and would be appropriate from a traffic standpoint.  Certainly, it could be dealt with in other ways by providing additional capacity on the roadways.  In the land use plan that was used to develop the model, there was an assumption of some development South of the Wakarusa River.  One thing they noticed were volumes in the neighborhood of 15,000 vehicles a day south of 31^st Street on both Louisiana and Haskell coming up from the south.  In those types of traffic volume they were on the borderline of four-lane roads in those areas.  Two lanes could support it with the right intersection improvements. This went hand in hand with however land development was handled in the area. 

            Mike Wildgen, City Manager, asked if the County had discussed having a study session.

            Wahlstedt said “yes.”  They had suggested it was a good idea to get the City and County together to do a study session to talk about some of these issues in detail.  One of the items raised by the County was whether they wanted to wait until the whole study was done to talk about it. 

            Kennedy said the Journal World Newspaper stated that the County was thinking about a study session possibly next month.  With this road mostly in the County and part in the City, most likely the City would take this road in as an arterial street.  He said it would be a combination of the City and County and it would be the City’s responsibility with no state funds.  The state did not have any funds for roads such as this one and it would be left up to the City to come up  with these funds to be able to improve the traffic in this area for safe access for the public that were using this.  He said it was going to get worse and the Commission needed to keep this on track knowing that the City could not wait for the SLT which might or might not ever be built.  He said the City needed some east/west streets to be able to safely navigate through the community.  He said the City needed to seriously work with the County to come up with a funding solution which would be at-large from the community.

            Hack asked if TranSystems could give the City some figures for the year 2025 improvements so the City could compare the cost to do the 2012 improvements versus the cost to do the year 2025 improvements.

            Wahlstedt said it should not be too difficult to do, at least on a ballpark basis.  Again, the one type of component would be the environmental mitigation and the costs associated with that.  Those projections would be even more speculative.

            Rundle said they were talking about the scope of the study and there was some discussion of trying to relate it as much as possible to the overall transportation system and also account for alternatives such as timing and/or computer control of street lights and other management things as well and not just building roads. 

            Wahlstedt said from what he knew at this point, certainly the City would want to do things such as coordination of traffic signals in the area and there would be some benefit to that. Whether they could achieve enough benefit that the City should not construct additional lanes, he did not know, but he said most likely that would not be the case.  As far as looking at the big picture and looking at the City-wide street network that certainly fell in line with what the Planning Commission was doing. 

            Bruce Plenk, Lawrence, said he wanted to raise some issues in connection with this study.  He said it seemed to be heritage night and wanted to make the City aware that there was an application pending to expand the National Historic Register designation at Haskell which tied in nicely with Commissioner Dunfield’s comments made earlier, as well as all the other aspects of Kansas’ history.  He said Haskell was an important part of the history of the Douglas County area and dealt with other issues about the relationship between white culture and Native American culture over the years.  This application if approved, would fit in nicely with these study issues that Commissioner Dunfield talked about earlier.  This raises some questions about the extent to which the City would want to have a larger road that would be affecting that potential development of a National Historic Area on the Haskell campus.  He wanted to make sure the community was aware of this and factor this into both the discussion about the heritage area as well as discussion about these possible road improvements.

            Second, it was important to remember Mayor Rundle had said that there was a study going on with 23^rd Street and it was important to link the 23^rd Street Study with the 31^st Street Study as well as the big picture overall of City traffic.  It was also important to remember the public transportation and the buses in town and this was a viable option too that should not be dealt with in isolation and should be combined with any of these discussions about traffic.  He urged the City Commission to consider all these various options as part of the package and not break them off in isolation.

            Kennedy asked if the 23^rd Street Corridor Study had been completed.

            Wildgen said it was under final review of TranSystem and would be coming to the Planning Commission in January 2002 and to the City Commission in February 2002.

            Kennedy said what the City Commission saw for the eastern leg and also the western leg was basically as redevelopment occurs.  If the City could come up with funding from Haskell on out to the City limits to make it six lanes it would ultimately need to go to four lanes through the housing area.  Kennedy noted it was an interesting street that could potentially cost millions to fix.                                                                                                                                                  (28)

            David Corliss, Assistant City Manager, presented a revised draft of the 6^th Street Access Management Ordinance to the City Commission as a result of previous discussions with interested parties.  Corliss explained that a previous City Commission had reviewed an Access Management Plan that was prepared by the City’s consultant for this corridor approximately three years ago.  The quarter mile access points; the desire to have a four-lane road that would have non-mountable medians in the middle; and, the desire to have limited access off of those quarter mile point streets was all part of that Access Management Plan.  It was staff’s recommendation that the City adopt an ordinance that sets out those requirements.  Those requirements would not be necessarily created by this document.  Most of those access restrictions would occur as the Kansas Department of Transportation buys rights-of-way and access rights along the corridor.  An access right was part of the bundle of sticks of property that each property owner enjoyed.  They had a property interest in reasonable access to a road that was adjacent to their property.  Because the City was going to have quarter mile access points, some of the property that was immediately adjacent to 6^th Street was not going to have that immediate access to 6^th Street.  KDOT and the City’s financial partner in the project would be acquiring access.  In some cases, the City already had some of those access restrictions through plat documents when the property has developed.  Most of the property west of 6^th Street has not developed and the City did not have those access restrictions.  Staff recommended that there be a document in the City Code for all to view and see as to what our Access Management Policy was for this corridor. 

            He said one of the difficulties in drafting this document was that we were talking about access points that were not going to be in place for some time to come.  He said when listening to KDOT, they learned that it was not likely that this project would be let until 2004.  That was if the City could keep the project in the state program.  This document would help forecast that once those improvements were completed, the City would then adhere to this quarter mile access requirement.  Any property that would come in the future for redevelopment, would have a lot of challenges in the first place because the City had concerns about development before this road was in place.  The City would also need to adhere to this document and would find ways to plan that site so it would be in place.

            Corliss explained the first section of the ordinance made it clear that the City was only talking about 6^th Street between Wakarusa and K-10.  The City would designate West 6^th Street as a principal arterial street to include upon the completion of improvements appropriate access management requirements.  The City would also indicate that the street would have non-mountable medians.  Subsection “b” would list where those access restrictions would be placed.  Subsection “c” pointed out that the collector street would be located to the north of 6^th Street which was an important part of access management and that street was tentatively named Overland Drive, but would not be located any closer than a quarter mile to 6^th Street.  Also, Subsection “d” provided that for the streets that were going to intersect 6^th Street, George Williams Way, Fence Line Road, Queens Road and Congressional Drive, that those roads would not have any access 350 feet from the center line of 6^th Street.  This was to prevent a situation where the City had a busy arterial street that intersected with another street and its access point was too close. 

            Corliss said policies such as these were usually adopted by resolution, but it was staff’s recommendation to adopt this policy by ordinance so it would be placed in the City Code.                                 

            Moved by Kennedy, seconded by Hack, to direct staff to place on a future agenda the 6^th Street Access Management Ordinance.  Motion carried unanimously.                                  (29) 

Moved by Dunfield, seconded by Kennedy, to recess into executive session for thirty minutes to discuss with the City Attorney matters deemed privileged under the attorney-client relationship for thirty minutes with the justification for the executive session to keep confidential the matters related to the attorney-client discussions.  Motion carried unanimously.                    (30)

            Commissioner Dunfield mentioned he heard from a citizen who was upset with his comments made during a Planning Commission Subcommittee Meeting on floodplain regulations.  Dunfield said he believed he spoke on behalf of the City Commission at that subcommittee meeting.  He also said he believed his comments were reported accurately in the Journal World.  He wanted to raise the issue at this meeting to give the other commissioners the  opportunity to let him know their views on the matter.

            Commissioner Kennedy said the subcommittee was dealing with difficult issues. 

            Commissioner Hack agreed with Kennedy and she also appreciated Commissioner Dunfield’s going to the subcommittee meeting and speaking on behalf of the City Commission.  She also said she was not offended by any of his comments .

            Commissioner Henry stated he also was not offended by anything Commissioner Dunfield said or did at the subcommittee meeting.     

            Moved by Kennedy, seconded by Dunfield, to adjourn at 8:40 p.m.   Motion carried unanimously.   

                                                                                   

 

                                                                                                APPROVED:

                                                                                    _____________________________

            Mike Rundle, Mayor

ATTEST:

 

___________________________________                                                                       

Frank S. Reeb, City Clerk

COMMISSION MEETING DECEMBER 18, 2001

1.                  Bids – Waterline Improvements at Household Hazardous Waste Facility to McLouth Excavating for $29,811.

2.                  Bids – Compact Utility Vehicle for the Fire/Med Department to Jim Clark Motors for $23,985.

3.                  Bid Date – Jan 15, 2002, several rehab projects.

4.                  Contract – for Yankee Tank Relief Sewer Project to LandPlan for $148,000.

5.                  Change Order – SE Pump Station Project with Garney Construction for $199,177.62.

6.                  Ordinance No. 7462 – 1^st Reading, remove parking along Barker Ave on alternate side of street, beginning at 15^th & ending at Winona Ave.

7.                  Ordinance No. 7463 – 1^st Reading, “yield sign” on Hampton at 25^th Terr & Kensington Rd.

8.                  Ordinance No. 7464 – 1^st Reading, “no parking” S side of N St., between 2^nd & 3^rd & along E side of Airport Rd.

9.                  Ordinance No. 7455 – 2^nd Reading, amend 17-7 concerning bicycles.

10.              Ordinance No. 7456 – 2^nd Reading, snow & ice removal from sidewalks.

11.              Ordinance No. 7458 – 2^nd Reading, Tax Abatement, Reuter Organ, $3,697.389.

12.              Ordinance No. 7457 – 2^nd Reading, Lawrence Medical Plaza No. 2 stormsewer improvements.

13.              Resolution No. 6353 – County approval for annexing 14 acres along Noria Rd.

14.              Resolution No. 6354 – Jan 8, 2002, Public Hearing, special assessment for Monterey Way from N of Stetson to Peterson; agreement not-to-protest a benefit district – W side of Monterey Way; Ordinance No. 7460 – 1^st Reading, annex 5 acres (Brunfeldt); and, Ordinance No. 7461, 1^st Reading, annex 1.5 acres (Spring Hill development) was deferred until Jan 8, 2002.

15.              Rezone – (Z-10-38-01), .337 acres, M-2 to C-5, 1350 N 3^rd.

16.               Financial Advisory Services – Springsted Financial Advisors.

17.              Medical Director – Dr. Scott Robinson for Fire/Med Dept.

18.              Variance – Utility code requirement, single meter at 1942 Stewart Ave., Bldg H.

19.              Unity Church & Oread Friends Meeting House – Peace Pole located at S Park.

20.              Mural – Cottin’s Hardware & Rental, 1832 Mass. 

21.              Mortgage Release – 818 New York, John Swift.

22.              Subordination Agreement – 1506 Craig Ct., Rick & Julie Carr.

23.              Ordinance No. 7453 – 2^nd Reading, 19.77 acres, RS-1 to RCD-2, NE corner of 31^st & Iowa, E of convenience store. (Home Depot)

24.              Ordinance No. 7454 – 2^nd Reading, 4.197 acres, RS-1 to RCD-1, NE corner of 31^st & Iowa, E of convenience store.  (Home Depot)

25.              Donated Property – restrictive covenants & deed restrictions, 40 acres donated by Lichtwardt.

26.              Lawrence Memorial pediatric wing – Percent for Art.

27.              Lawrence public transportation system.

28.              Engineering Study – Improvements to 31^st St and 31^st Corridor.

29.              6^th Street Access Mgmt Ordinance.

30.              Executive Session – Attorney-Client related.