February 12, 2002

 

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, and Henry present.  Commissioner Kennedy was absent.  Student Commissioner Raney was present.

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to approve the City Commission meeting minutes of February 5, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to approve the Housing Trust Fund Board meeting minutes of January 15, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to approve claims to 369 vendors in the amount of $4,462,123.82 and payroll from January 27, 2002 to February 9, 2002 in the amount of $1,201,593.36.  Motion carried unanimously.

The City Commission reviewed the bids for two (2) single axle trucks for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to award the bid to KCR International Trucks, Inc., in the amount of $87,920 because Dagley Chevrolet and Westfall GMC did not meet bid specifications.  Motion carried unanimously.                                                                                                                       (1)

The City Commission reviewed the bids for two (2) heavy-duty dump bodies for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to award the bid to Mid America Truck Equipment, Inc., in the amount of $28,336.  Motion carried unanimously.                                                                                              (2)

The City Commission reviewed the bids for three (3) heavy-duty snowplows for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to award the bid to American Equipment, in the amount of $14,792.  Motion carried unanimously.                                                                                                                           (3)

The City Commission reviewed the bids for two (2) salt/sand spreaders for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to award the bid to American Equipment Co., in the amount of $15,166.  Motion carried unanimously.                                                                                                                           (4)

The City Commission reviewed the bids for two (2) compact extended cab 4x4 Pickups for the Public Works Department and Neighborhood Resources.  The bids were:

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to award the bid to Laird Noller, in the amount of $39,851.50.  Motion carried unanimously.                                                                                                                           (5)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to award the purchase for a telephone upgrade for the Lawrence Arts Center to Expanets, for $24,914.30.  Motion carried unanimously.                                                 (6)

The City Commission reviewed the bids for a stump grinder for the Parks & Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to award the bid to Vermeer, in the amount of $10,560.  Motion carried unanimously.  (7)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7492,rezoning [Z-09-37-00 (east)] approximately 17.039 acres from A (Agriculture District) to PRD-1 (Planned Residential Development District).  The property is part of Westwood Hills Subdivision.  Motion carried unanimously.                                                                                                                  (8)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7493,rezoning [Z-09-37-00 (west)] approximately 15.030 acres from A (Agriculture District) to PRD-1 (Planned Residential Development District).  The property is part of Westwood Hills Subdivision.  Motion carried unanimously.                                                                                                     (9)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7494,rezoning [Z-05-21-00] approximately 3.031 acres from A (Agriculture District) to PCD-1 (Planned Commercial District).  The property is part of Westwood Hills Subdivision.  Motion carried unanimously.                         (10)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7495,rezoning [Z-05-17-00] approximately 10.646 acres from A (Agriculture District) to RS-2 (Single-Family Residence District).  The property is part of Westwood Hills Subdivision.  Motion carried unanimously.          (11)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7496,rezoning [Z-05-18-00] approximately 40.598 acres from A (Agriculture District) to RS-1 (Single-Family Residence District).  The property is part of Westwood Hills Subdivision.  Motion carried unanimously.          (12)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7497,rezoning [Z-09-38-00] approximately 32.338 acres from A (Agriculture District) to RS-2 (Single-Family Residence District).  The property is part of Westwood Hills Subdivision.  Motion carried unanimously.         (13)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7498, establishing “no parking” from 7:00 a.m. – 5:00 p.m., Monday – Friday in the currently unrestricted area along the west side of Sunset Drive between Cambridge Road and Harvard Road.  Motion carried unanimously.                                                                                                                     (14)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7499, establishing the alley between 9^th and 10^th Streets, Kentucky and Vermont Streets as “one-way” southbound to the south property line of the Intrust Bank property.  Motion carried unanimously.                                (15)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7500, establishing “no parking” along the east side of Glenview Drive from Peterson Road to the lot line between 218 and 301 Glenview Drive.  Motion carried unanimously.                                                            (16)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7501, establishing a temporary moratorium on the annexation of property into the City of Lawrence which is located in designated floodplain areas, until July 15, 2002.  Motion carried unanimously.                                    (17)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7502, establishing a temporary moratorium on the annexation of property into the City of Lawrence for property north of the Kansas River, until July 15, 2002.  Motion carried unanimously.                                                  (18)

Ordinance No. 7459, annexing approximately 20.45 acres of right-of-way located along K-10 Highway at the entrance of East Hills Business Park was read a second time.  As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                 (19)

Ordinance No. 7468 rezoning approximately 14.23 acres from M-1 (Research Industrial District) to RM-D (Residence Duplex District) was read a second time.  The property is generally located North of 15^th Street and West of Wakarusa Drive (Legends Drive extended).  As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                    (20)

Ordinance No. 7469rezoning approximately 17.19 acres from RS-E (Single Family Residence Estate) to RM-D (Residence-Duplex District) was read a second time. The property is generally located North of 15^th Street and West of Wakarusa Drive (Legends Drive extended).  As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, and Rundle.   Nay: None.  Motion carried unanimously.                                                                    (21)

  Ordinance No. 7470rezoning approximately 2.95 acres from A (Agricultural) to RM-D (Residence-Duplex District) was read a second time. The property is generally located North of 15^th Street and West of Wakarusa Drive (Legends Drive extended).  As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                            (22)            Ordinance No. 7489, allowing the possession, consumption, and sale of alcoholic liquor at the new Lawrence Arts Center, pursuant to the rules and regulations of the Lawrence Arts Center Board of Directors, was read a second time.  As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                    (23)

Ordinance No. 7484, amending the Uniform Mechanical Code, was read a second time.  As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                             (24)

Ordinance No. 7486, establishing the special assessments for the traffic signal and related improvements at Clinton Parkway and Crossgate Drive, was read a second time.  As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                  (25)

Ordinance No. 7487, establishing the special assessments for the improvements at Crossgate Drive, between Clinton Parkway and 24^th Place, was read a second time.  As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                            (26)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning of approximately 5.0316 acres from RM-1 (Multi-Family Residence District) to RO-1b (Residence-Office District); and, direct staff to prepare the appropriate ordinance.  The property is located at 4340 West 6^th Street. Motion carried unanimously.                                                                                                  (27)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to concur with the Planning Commission recommendations to adopt the findings of fact and approve the UPR (UPR-11-06-01) to allow the use of the Lundington/Thacher Residence, 1613 Tennessee Street, for weddings and receptions subject to the following conditions:

1.                  A site plan performance agreement be executed;

 

2.                  Provision of a revised site plan per staff approval to include the following:

 

a.                  A note indicating months of operation (One day after KU Graduation – Two weeks prior to the fist day of KU classes);

b.                  A note indicating that no more than one event may take place per week; with a limit of four events the first year, six events the second year, and nine events the third year;

c.                  A note indicating hours of operation (8:00 a.m. to 1:00 a.m.). Music and alcohol distribution shall cease at 12:00 a.m.  If night lighting is involved, it shall be shielded from adjacent properties and have cut-offs to restrict upward escape of the light;

d.                  A note indicating the maximum number of attendees is limited to 250 individuals and based upon the securing of a parking agreement with Sigma Epsilon Fraternity (1645 Tennessee Street);

e.                  A note indicating book and page number of filed parking agreement;

f.                    A note that restroom facilities are to be provided through the use of temporary facilities and are limited to ground floor facilities in the existing dwelling (a location detail shall be provided on the face of the site plan).  Within 48 hours of event, Port-A-Johns shall be removed;

g.                  A note indicating the event locations shall be limited to the grounds of the property;

h.                  The possible tent locations with the provision that no tent should be erected within 25 feet of the R-O-W, and tent locations shall be pre-approved by the Fire/Medical Department;

i.                     A note stating tents and temporary membrane structures having an area in excess of 200 square feet, and canopies in excess of 400 square feet, shall meet fire code requirements.  Structures of less square footage than those above are not regulated by the Fire/Medical Department;

j.                     A note indicating that a 2a10bc extinguisher is required for each tent or canopy;

k.                   A note indicating that two exits are required from each structure (a minimum of 6’ in width and shall be located at opposite ends of the structure);

l.                     A note indicating illumination exit signs and emergency lighting are required for each tent structure;

m.                A note indicating the fence located at the northeast and on the south sides of the property shall be made removable in the event of an emergency;

n.                  A note indicating prior to each event the Lawrence Fire & Medical Department and the Police Department shall be notified;

 

3.                  Provision of a copy of the parking agreements be filed with the Douglas County Register of Deeds and a copy of the filed document be provided to the City of Lawrence (applicant is responsible for any associated costs);

 

4.                  Provision of the installation of an interconnected smoke detector in the hallway adjacent to the restrooms to be used during events;

 

5.                  Provision of a copy of the approved site plan be filed with the Douglas County Register of Deeds (applicant is responsible for any associated costs);

 

6.                  Provision that the proposed UPR be approved pursuant to the conditions of approval established by the Historic Resources Commission:

 

a.                  Any future construction associated with the UPR must be reviewed by the Historic Resources Commission;

b.                  No additional paving shall be allowed on the site; and Resources Commission; and,

c.                  If the Planning Commission determines additional facilities need to be constructed, the HRC should review any proposed construction;

 

7.                  Posting on rear exterior door of the residence, when access to restrooms will be gained, that access is restricted to allow restroom only.               

 

8.                  Applicant shall provide written notice to all owners who have requested notification within 200’ of property line at least one week in advance of events.

 

Motion carried unanimously.                                                                                            (28)

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to authorize the Mayor to sign a Subordination Agreement for Tammie Hughes, 626 Locust.  Motion carried unanimously.                                                                   (29) 

As part of the consent agenda, it was moved by Dunfield, seconded by Hack, to authorize the Mayor to sign a Subordination Agreement for Shirley Connett, 2001 Massachusetts.  Motion carried unanimously.                                                        (30) 

Mike Wildgen, City Manager, updated the Commission on several items, including: a meeting he had with Centennial Neighborhood Association on various issues; a “virtual seminar” titled “Leading with Emotional Intelligence” for City Management Team members on February 28, 2002; a February 15^th Pesticide Training public seminar and staff training by Dr. Kamyar Enshayan, Univeristy of Northern Iowa; an ice storm clean-up update; and, the 2001 Parks Project Summary Report.

David Corliss, Assistance City Manager/Legal Services Director, updated the City Commission on the 2002 Legislative Session as it relates to major issues affecting the City of Lawrence.  He discussed “demand transfers” and indicated that significant downward adjustments may be made at the end of the session which would negatively affect City revenues. 

Corliss also reported that House Bill 2828 was introduced which allowed Douglas County, after an affirmative election, to levy, for up to 20 years, a 0.25% sales tax for commercial/industrial parks and open space.  Unlike other county sales taxes, none of the revenues would be shared with cities within Douglas County.  He recommended that the Commission request staff to prepare a report on HB 2828’s impact and bring this issue back to the City Commission for direction.                    

Corliss also explained a bill he drafted on local alcohol regulation.  He said he has talked with the League of Kansas Municipalities and other cities about the draft bill but he was not sure, given all the other issues in Topeka, whether or not the City would like to pursue this issue this legislative session.  He said he drafted this bill to clarify a city’s authority to regulate drinking establishments regarding the neighborhood nuisance issues and the ability to condition or revoke alcohol licenses at the local level as opposed to the state level. 

Corliss said Senate Bill 397, the telecommunications franchise fee /right-of-way bill was moving along well and other utilities were seeking a similar process.      

Commissioner Henry thanked Corliss for summarizing the legislative issues and activities that were important for the City.  He said as a member of the Industrial Business Park Committee of the ECO2 Group they had been meeting to discuss the sales tax plan.                                                                                                                         (31)

Mayor Rundle called public hearings on both the proposed special assessments for completed public improvements on George Williams Way, north and south of West 15^th Street and for Westwood (near 15^th and Engel) sanitary sewer improvements.  He reminded everyone that the George Williams Way public hearing began last week, but due to some of the property owners not receiving notice, the public hearing was continued until this evening.

Upon receiving no public comment, it was moved by Henry, seconded by Hack, to close the public hearings.  Motion carried unanimously.             

Moved by Hack, seconded by Henry, to place on first reading Ordinance No. 7485 for the improvements of George Williams Way.  Motion carried unanimously.    (32)

Moved by Dunfield, seconded by Hack, to place on first reading Ordinance No. 7490 for the sanitary sewer improvements to Westwood (near 15^th and Engel).  Motion carried unanimously.                                                                                                        (33)

During the public comment portion of the meeting, Julia Gilmore-Gaughaun, Kansas University, informed the City Commission that this Thursday was “V” Day, which was an international day of recognition for the need to stop violence against women.      

Michelle Andrew, Lawrence, discussed the special assessments for George Williams Way (Note: she arrived late and missed the public hearing but commented on the assessments during the public comment portion of the meeting).  She said there were people in her neighborhood who were frustrated about the special assessments process primarily because of the apparent delay from when the road was completed to the levying of the assessments.  She said in 1999 a road was constructed, and now, a few years later, the residents were paying for this road because the developer signed an agreement not-to-protest a benefit district at that time.  Andrew said the developer waived all rights of the property owners to contest the special assessment and that waiver would stay with these properties for thirty years.  She said while that may be legal, it didn’t seem fair. 

She was also concerned that she, and her neighbors, would be assessed again for improvements to connect George Williams Way to 6^th Street and the City would rely on the agreement not-to-protest for that benefit district.  She said she did not think this process was fair but she knew that this agreement was in the title report and was sure the benefit district was legal.

Mayor Rundle explained the typical benefit district process and said the George Williams Way benefit district followed that process.  He said she didn’t need to worry about being assessed for the extension to 6^th street.  He said there was a standard procedure for creating a benefit district to ensure that property owners who would be assessed would actually receive the direct benefits of the improvements. 

Andrew asked why this benefit district did not include property owners down 15^th Street because they would also use George Williams Way.  She also asked about the requirements to disclose these types of assessments.

Commissioner Dunfield said there was a fairly narrow set of requirements for defining benefit districts that the City was required to follow.  He said sometimes what you might think of as a benefit district in terms of people outside the area using the street, were not things the city could use under the statutes that allowed the city to form benefit districts. He asked Corliss to comment on this issue and the question of disclosure.

Corliss discussed the agreement not-to-protest the benefit district that was executed by the manager of Longleaf LLC in February 2000.  This agreement was recorded at the Register of Deeds in order for the agreement to show up in the property owners’ titles to provide disclosure.  He said the City did try to encourage property owners to ask questions about these agreements.  The benefit district for George Williams Way was for north and south of 15^th Street, the northern terminus was Langston Hughes Elementary School and the southern terminus was where the Corpus Christi Church property ends.  Those properties that were adjacent to George Williams Way were assessed based on a front footage charge, not on lot size or square footage, so Longleaf Addition paid for their front footage charge north of 15^th Street up to the City of Lawrence property.  That charge was spread over the entire Longleaf Addition. 

Corliss also said there was some art and science in the creation of benefit districts.  One thing the City did was to try to look at the adjoining property owners that were all under the same ownership and then establish the benefit district based on that.  A collector street was going to have a larger area than a small residential street which was usually the lots immediately adjacent.  He said the City followed its development policy that listed who paid for what.  In this case, the City was paying part of the cost for bike lanes and also because the City owned property along George Williams Way.   Other than that, the developer or property owners needed to pay for that collector street improvement.  The road was built right before Langston Hughes School was opened and was finalized by the City Engineer and was ready for the next bond issuance and costs needed finalized.  There was quite a bit of discussion at the initial stages of the benefit district to make sure the benefit district was appropriate and that costs were appropriately borne between the City and the benefit district.  There was then a relatively silent period where the contractor builds the road.  The City then waited to make sure all the costs were finalized and then there was another hearing to discuss the proposed assessments before the assessments were levied. 

Commissioner Dunfield pointed out that the City of Lawrence had frontage on George Williams Way and was participating as was the Lawrence school district and the Catholic Archdiocese.  All the property owners along George Williams Way were assessed based on their frontage.  He said the City was not throwing costs onto the homeowners so  it could dodge paying their own share.

Corliss said the Longleaf Addition would pay for 467 feet of front footage that if it were assessed on those immediate three or four lots that were along George Williams Way would translate to about $20,000 per lot because the Longleaf assessments total $61,000.  Those costs were then spread to all the property in Longleaf Addition.  The property the City owned, immediately north of the Longleaf Addition area, had a front footage of 1,086 feet and the City was paying $142,000.  He believed the assessments were appropriate.  He said, while he understood the concerns about disclosure, because both the agreement not-to-protest and the resolution creating the benefit district were part of the title commitment, all disclosures were also appropriate.  He said the City could not establish a benefit district that included Longleaf Addition that paid for the improvement of George Williams Way north to 6^th Street because there was no direct benefit and they were not adjacent to that property.  The Longleaf property was most likely already paying for the improvement of 15^th Street.  The City built 15^th Street in the early 1990’s, putting in four-lanes.  The City paid for a portion of this street because it was an arterial street and the adjoining properties paid for the rest of 15^th Street.

Andrew said this brought up the timing issue that concerned the property owners in Longleaf.  She said the agreement not-to-protest was made in 1999 and 2 ½ years later residents were paying.  It would seem more appropriate to have the developer either roll it into the lots or at least know what it was.  She also commented on language in the resolution stating, “The improvement shall not be commenced if within 20 days after publication of the resolution, written protest was signed by 51% of the ‘resident owners’ of record of property.’  She said she did not know how they were defining “resident owners” because there were no resident owners in 1999.

Corliss said “resident owners” did not refer to resident owners within the benefit district, but “resident owners” refers to resident owners within the City of Lawrence.              

Mike Wildgen, City Manager, said in this case it was the developer who was the resident owner because it was raw ground.

Andrew asked if the developer would be considered “resident owner.”

Wildgen said “yes.”

Mayor Rundle asked staff to estimate of what percentage of benefit districts tend to follow this model.

Corliss said it was fairly common.  Some of the developers see this as an advantage because the City did the financing and paid for the improvements, not all at once in the lot cost, but it was spread over time.  One of the benefits the City did for development in the community was benefit district financing.  There were clearly “pro’s” and “con’s” to this concept and different people wanted to pay for things in a different way.  He said the City was doing a lot of benefit districts at this time because of multiple property owners.  A lot of the community in recent years was developed without benefit districts.

Wildgen asked Corliss to address the 30-year private agreement.

Corliss said the 30-year agreement had to do with the agreement not-to-protest and he again said, he did not think the City could force a benefit district that would require this property to pay for more improvements to George Williams Way.  He said he has been a strong advocate to do benefit districts sooner in the development process because it gets infrastructure in before development and also avoided the situation where property owners were surprised by this type of situation. 

Mayor Rundle asked if other property owners signed agreements not-to-protest.

Corliss said as a condition of development he believed so.  The school was required to participate in the benefit district and sought that out because it was an important advantage and because of a special mill levy ability with special assessments that they did not have otherwise.  The school district liked to do benefit district financing for their projects. 

Mayor Rundle asked if it would be correct to say that the reason why this was done was because the whole area gets the assessment distributed as broadly as possible rather than if everyone was not in agreement and there would need to be something to secure that agreement and the agreement not-to-protest was the mechanism then whoever would be in that 51% of the “resident owner” could protest and the other properties would be perhaps stuck with a much higher assessment. 

Corliss said the comment made concerning not having the opportunity for protest at this point was frankly, what the city wanted to hear, to make sure there was an airtight benefit district and it was done to legal standards.

Wildgen said the public hearing could serve a purpose because there might be a unique lot that people could protest those situations and that was what this hearing could address.

Commissioner Henry said he had no doubt that everything has been done exactly in conformance with the law.  Nevertheless, benefit districts are confusing and frustrating even for the City Commission.  He asked if the City had any type of a pamphlet that described the formation of benefit districts that could be made available to the public.

Wildgen said “yes.”

Andrew recommended a possible change to the notice of public hearing letter she received.  She said it was extremely confusing because it said it was for paving and improving of George Williams Way.  She said in the letter, it sounded as if it was going to be done in the future when it had already been done. 

Commissioner Hack said sending information about the formation of a benefit district along with the notice letter would be helpful.

Mayor Rundle asked Corliss if there was anything on disclosure requirements that could be helpful.

Corliss said it was frustrating for staff because what staff tried to do was work with the property owners, developers and realtors to make sure people knew about those requirements.  He said the City Clerk’s office spent time walking property owners through the process and letting them know what their property was obligated to pay.  He said City staff could talk to the title company to see if they could make it clearer.   He said the abstract companies follow certain abstracting rules to make sure it was  done a certain way.                                                                                                                          (34)

Doug Bowen spoke about roundabouts and pedestrian islands and followed up on the comments he made last week.  He asked about the markings of the centerlines and pedestrian walks.  He said the City kept building concrete pedestrian islands and roundabouts and the streets had not ever been marked or repaired.  Clinton Parkway and Iowa were consistently being repaired.  The only thing that the roundabouts do is to slow someone down temporarily. 

Bowen asked staff how much money did it take to install a roundabout.

Wildgen said each roundabout differed, but approximately $100,000.       

Bowen said these roundabouts were not only slowing down general traffic but also emergency vehicles.  He asked about the City building two more roundabouts.  He said there were yellow patterns on Harvard, west of Monterey Way, and two or three more pedestrian islands and a pedestrian island south of Sunflower School.  He asked staff if they intended to build these roundabouts and islands. 

Mayor Rundle said those were temporary roundabouts and islands in order to see if they were working.

Commissioner Dunfield said those temporary roundabouts and islands on Harvard were put in at the request of citizens who lived along Harvard.  These citizens brought the proposal to the City Commission.  There were people out in the community that thought these islands were worth considering.  Those islands were temporary because the City wanted to find out whether they would work.  He said the Commission had a fair mixture of both positive and negative comments about those temporary islands on Harvard and would continue to consider those islands and try to do what worked for the neighborhood.

Bowen asked if the Commission had any favorable responses.

Commissioner Henry said “yes.”

Bowen said he had yet to find anyone who favored using this money for roundabouts and pedestrian islands.          

Mayor Rundle said from his perspective what Bowen reported in terms of slowing people down temporarily was exactly what the City wanted to achieve.  He said some pedestrians were physically unable to cross the entire length of the street in a safe manner because of the higher speeds of some traffic and therefore the pedestrian islands and roundabouts were beneficial.  He said the City was trying to do something that would help pedestrians, bicycles, and vehicles exist together.  

Bowen said many people did not understand spending this kind of money to build a roundabout or a pedestrian island when they did not achieve what the City hoped they would.

Commissioner Hack said she taught at Southwest Jr. High School and there were two roundabouts in front of the building.  She said they had approximately 1,200 children everyday going to and from that building and the grade school nearby.  She said traffic studies showed the speed on Inverness was reduced from approximately 30 miles per hour down to 15 to 17 miles per hour.  This was a significant difference when you were talking about children and how they were getting across the street, particularly when considering all the housing development on the east side of Inverness.  The roundabouts do two things, slow traffic down, and keep it moving.   She said if people using Harvard did not like to go around the roundabouts then maybe they would not use Harvard as a cut-through from one part of the community to the other.  This was what the neighbors on Harvard were asking for.

Bowen asked Commissioner Hack about emergency vehicles.

Commissioner Hack said emergency vehicles could make it around the roundabouts.  She said police, fire, and the traffic safety engineer studied these roundabouts and she said the City Commission supported the roundabouts and felt comfortable they were doing what they were supposed to do.

Bowen asked again if the City was going to build the roundabouts and pedestrian islands on Harvard Road.

Commissioner Hack said those roundabouts and islands would be studied throughout the spring and might or might not be built, but right now they were in the study phase.

Mayor Rundle said it was much cheaper to build the temporary roundabouts and islands in order to find out if they would work or not.

Bowen asked if staff had ever done any surveys for people who use these roundabouts and islands everyday or was it just the neighborhood they had surveyed.

Mayor Rundle said staff had not done any surveys.  When the Commission considered these roundabouts and islands, such as Louisiana Street, there was a long series of public meetings.  In the course of learning more about these traffic-calming devices, information from other communities was presented, and the Commission recommended taking these steps.  Mayor Rundle encouraged people who felt strongly “against” or “for” these devices to communicate with the City Commission and let them know how they feel.  He said if these roundabouts and pedestrian islands were confusing perhaps staff could provide videos or other information to help alleviate the confusion.

Commissioner Hack said the City Commission and the Traffic Safety Commission would look at the Harvard Road roundabouts and islands again and this would give the public the opportunity to comment.                                                              (35)

Mayor Rundle updated the City Commission on the World Company proposal for a parking garage facility in the 600 block of New Hampshire.  He presented the City Commission with a proposed list of individuals to serve on a short-term committee to look at the proposed parking structure in the 600 block of New Hampshire.  He said Ralph Gage, World Company, said he would prefer that Walker Parking Consultants be present as well.  Rundle said he thought that the City could find out from the proposed committee members, if accepted by the City Commission, when they would be available for an initial meeting.  At that initial meeting they then could decide on a regular meeting time.  He said he has been involved with staff and Ralph Gage to discuss what would be involved and discussed.  He said the two major issues were cost sharing and location.  He said when he suggested an alternative to the World Company’s original proposal, his thought was the City could possibly become a minority partner in the project because the City had adjacent property and because there was a need for parking at the north end of Downtown. 

Commissioner Hack said it made sense to wait for Commissioner Kennedy to return before finalizing the Committee.  In addition, she said it might also help to include an individual or two who had office space Downtown.  

Mayor Rundle said Commissioner Kennedy was a logical choice to fill the seat of a commissioner on the committee because he has been on the Downtown Parking Advisory Board.                                                                                                               (36)

Moved by Dunfield, seconded by Hack, to adjourn at 7:30 p.m.  Motion carried unanimously.                                                              

                                                                        APPROVED:

                                                                        _____________________________

Mike Rundle, Mayor

ATTEST:

___________________________________                                                                       

Frank S. Reeb, City Clerk

COMMISSION MEETING FEBRUARY 12, 2002

1.                  Bid – 2 single axle trucks, Public Works Dept, KCR International for $87,920.

2.                  Bid – 2 heavy-duty dump bodies, Public Works Dept, Mid America Truck Equipment for $28,336.

3.                  Bid – 3 heavy-duty snowplows, Public Works Dept, American Equipment for $14,792. 

4.                  Bid – 2 salt/sand spreaders, Public Works Dept, American Equipment for $15,166.

5.                  Bid – 2 compact extended cab 4x4 pickups, Public Works Dept, Laird Noller for $39,851.50.

6.                  Purchase – telephone upgrade for Lawrence Arts Center to Expanets for $24,914.30

7.                  Bid – stump grinder, Parks & Rec, to Vermeer for $10,560.

8.                  Ordinance No. 7492 – 1^st Reading, Rezone [Z-09-37-00 (east)], 17.039 acres, from A to PRD-1, part of Westwood Hills Subdivision.

9.                  Ordinance No. 7493 – 1^st Reading, Rezone [Z-09-37-00 (west)], 17.039 acres, from A to PRD-1, part of Westwood Hills Subdivision.

10.              Ordinance No. 7494 – 1^st Reading, Rezone [Z-05-21-00], 3.031 acres, from A to PRD-1, part of Westwood Hills Subdivision.

11.              Ordinance No. 7495 – 1^st Reading, Rezone [Z-05-17-00], 10.646 acres, from A to RS-2, part of Westwood Hills Subdivision.

12.              Ordinance No. 7496, 1^st Reading, Rezone [Z-05-18-00], 40.598 acres, from A to RS-1, part of Westwood Hills Subdivision.

13.              Ordinance No. 7497, 1^st Reading, Rezone [Z-09-38-00], 32.338 acres, from A to RS-2, part of Westwood Hills Subdivision.

14.              Ordinance No. 7498, 1^st Reading, “No Parking” 7 am – 5 pm, Mon-Fri, unrestricted area along the W side of Sunset Dr between Cambridge & Harvard.

15.              Ordinance No. 7499, 1^st Reading, alley between 9^th & 10^th, Kentucky & Vermont as 1-way, S bound to S property line of Intrust Bank.

16.              Ordinance No. 7500, 1^st Reading, “No Parking” alone E side of Glenview Dr from Peterson to lot line between 218 & 301 Glenview Dr.

17.              Ordinance No. 7501, 1^st Reading, temporary moratorium on annexation of property into the City in designated floodplain areas until July 15, 2002.

18.              Ordinance No. 7502, 1^st Reading, temporary moratorium on annexation of property into the City N of KS River until July 15, 2002.

19.              Ordinance No. 7459 – 2^nd Reading, annex 20.45 acres, K-10 Hwy at entrance of E Hills Business Park.

20.              Ordinance No. 7468 – 2^nd Reading, rezone 14.23 acres from M-1 to RM-D, N of 15^th & W of Wakarusa Dr.

21.               Ordinance No. 7469 – 2^nd Reading, rezone 17.19 acres from RS-E to RM-D, N of 15^th & W of Wakarusa.

22.              Ordinance No. 7470 – 2^nd Reading, rezone 2.95 acres from A to RM-D, N of 15^th & W of Wakarusa 

23.              Ordinance No. 7489, 2^nd Reading, consumption of alcohol, Lawrence Arts Center.

24.              Ordinance No. 7484, 2^nd Reading, amend Uniform Mechanical Code.

25.              Ordinance No. 7486, establish special assess for traffic signal & related improvements at Clinton Pkwy & Crossgate.

26.              Ordinance No. 7487, establish special assess for improvements at Clinton Dr, between Clinton Pkwy & 24^th Pl.

27.              Rezone – 5.0316 acres from RM-1 to RO-1b, 4340 W 6^th.

28.              UPR – (UPR-11-06-01), Lundington/Thacher, 1613 Tennessee, for wedding & receptions.

29.              Subordination Agreement – Tammie Hughes, 626 Locust.

30.              Subordination Agreement – Shirley Connett, 2001 Mass.

31.              2002 Legislative Session – update.

32.              Ordinance No 7485 – 1^st Reading, Special Assess public hearing, George Williams Way, N & S of w 15^th.

33.              Ordinance No. 7490 – 1^st Reading, Special assess public hearing, Westwood.

34.              George Williams Way – Special  Assessment discussion.

35.              Roundabout & Pedestrian Island discussion.

36.               World Co. – Update on proposal for parking garage, 600 blk of New Hampshire