February 19, 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, Henry and Kennedy present.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the City Commission meeting minutes of February 12, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Board of Plumbers and Pipe Fitters meeting minutes of October 17, 2001; the Parks & Recreation Advisory Board meeting minutes of January 8, 2002; the Sister Cities Advisory Board meeting minutes of January 9, 2002; and, the Lawrence-Douglas County Metropolitan Planning Commission meeting minutes of January 23, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve claims to 227 vendors in the amount of $870,566.85.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the recommendation of the Mayor for the reappointments of Tom Bracciano and Tom Waechter to the Fire Code Board of Appeals for three year terms which expire January 31, 2005; the reappointments of Virgil Dean and Jordan Lerner to the Historic Resources Commission for three year terms which expire January 31, 2005; and, the reappointment of Tom Patchen to the Mechanical Code Board of Appeals for a three year term which expires March 31, 2005.  Motion carried unanimously.

The City Commission reviewed the bids for 2001 Waterline Improvement Projects – Phase II, for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Rose-Lan Contractors, in the amount of $455,626.04.  Motion carried unanimously.                                                                                                                                            (1)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the purchase of 70,000 pounds of Nalcolyte 8186 polymer, a water treatment chemical, to the sole vendor, Ondeo Nalco Chemical Company, in the amount of $33,600.00.  Motion carried unanimously.                                                                                                                        (2)

The City Commission reviewed the bids for a one-ton crew cab pickup truck with a tool body for the Public Works Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, seconded by, to award the bid to Olathe Ford, in the amount of $31,946.00.  Motion carried unanimously.                                                                                                                                   (3)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to place on first reading Ordinance No. 7471, rezoning [Z-08-30a-01] approximately 2.75 acres from A (Agricultural District) to PRD-2 (Planned Residential Development).  The property is generally located northwest of the intersection of West 6^th Street and Wakarusa Drive.  Motion carried unanimously.                                                                                                                       (4)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to place on first reading Ordinance No. 7491, rezoning [Z-08-31-01] approximately 19.19 acres from A (Agricultural District) to PCD-2 (Planned Commercial Development).  The property is generally located northwest of the intersection of West 6^th Street and Wakarusa Drive.  Motion carried unanimously.                                                                                                                       (5)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to place on first reading Ordinance No. 7488, providing for the Phase III tax abatement for Sauer Danfoss; originally authorized by the City Commission on September 7, 1999.  Motion carried unanimously.                                                                                                                                       (6)

Ordinance No. 7492,rezoning [Z-09-37-00 (east)] approximately 17.039 acres from A (Agriculture District) to PRD-1 (Planned Residential Development District), was read a second time.  The property is part of Westwood Hills Subdivision.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                 (7)

Ordinance No. 7493,rezoning [Z-09-37-00 (west)] approximately 15.030 acres from A (Agriculture District) to PRD-1 (Planned Residential Development District), was read a second time.  The property is part of Westwood Hills Subdivision.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                 (8)

Ordinance No. 7494,rezoning [Z-05-21-00] approximately 3.031 acres from A (Agriculture District) to PCD-1 (Planned Commercial District), was read a second time.  The property is part of Westwood Hills Subdivision.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                            (9)

Ordinance No. 7495,rezoning [Z-05-17-00] approximately 10.646 acres from A (Agriculture District) to RS-2 (Single-Family Residence District), was read a second time.  The property is part of Westwood Hills Subdivision.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                          (10)

Ordinance No. 7496,rezoning [Z-05-18-00] approximately 40.598 acres from A (Agriculture District) to RS-1 (Single-Family Residence District), was read a second time.  The property is part of Westwood Hills Subdivision.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                          (11)

Ordinance No. 7497,rezoning [Z-09-38-00] approximately 32.338 acres from A (Agriculture District) to RS-2 (Single-Family Residence District), was read a second time.  The property is part of Westwood Hills Subdivision.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                          (12)

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, was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                             (13)

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, was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                (14)

Ordinance No. 7501, establishing a temporary moratorium, until July 15, 2002, on the annexation of property into the City of Lawrence which is located in designated floodplain areas, was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                             (15)

Ordinance No. 7502, establishing a temporary moratorium, until July 15, 2002, on the annexation of property into the City of Lawrence for property north of the Kansas River, was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                        (16)

Ordinance No. 7485, establishing special assessments for the improvements of George Williams Way, north and south of West 15^th Street, was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                                            (17)

Ordinance No. 7490, establishing special assessments for the sanitary sewer improvements to Westwood (near 15^th and Engel), was read a second time.  As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy, and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                                         (18)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the cooperation agreement with Douglas County for the construction of sanitary sewer improvements in the area northwest of 6^th Street and Wakarusa Drive (Westwood Hills and adjacent developments).  This is a revised cooperation agreement and was approved by the Douglas County Commission on February 11, 2002.  Motion carried unanimously.                   (19)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the recommendation from the Lawrence-Douglas County Health Department for amendments to the City Code provisions governing swimming pools and non-residential spas; and, to authorize an ordinance to be drafted.  Motion carried unanimously.                       (20)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the site plan (SP-12-78-01) for a cellsite on wheels at 1112 West 6^th Street, north of Taco Bell and west of the Medical Plaza, subject to the following conditions:

1.                  Execution of a Site Plan Performance Agreement;

2.                  Provision of a revised Site Plan to include the following:

 

a.                  Show all existing utility and drainage easements on the subject property to assure that proposed use does not encroach into existing easements;

b.                  Provision of a note that states “The applicant shall obtain a building permit prior to location of COW on the subject property.”

c.                  Provision of a note that states, “The lease area shall be returned to a grass surface removing any gravel or foundation improvements”; and,

d.                  Provision of a note that states, “The approval for the temporary tower shall not exceed 9 months unless, a site plan or UPR has been approved for a permanent site/facility, in which case the temporary tower approval shall extend for 12 months from the date of installation or April 6, 2002, whichever occurs first. “

 

Motion carried unanimously.                                                                                                         (21)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the site plan (SP-01-05-02) for a proposed office building and associated parking at Lot 1B, Quail Crest Addition, located at the southeast corner of Wakarusa and Quail Crest Drive, subject to the following conditions:

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

a.                  Correct legal description to reflect “Quail Crest Addition”;

b.                  Correct number of parking spaces provided for Lot 1B is 49;

c.                  Expand Impervious Surface Summary to provide totals located on Lot 1A;

d.                  Book & Page references for separate filed access/parking, utility and drainage easements;

e.                  Note indicating native grasses will be planted in detention area;

 

2.                  Provision of filed/recorded copies of access/parking, utility and drainage easements;

3.                  Provision and approval of a photometric plan;

4.                  Execution of an agreement not-to-protest the formation of a future benefit district for Wakarusa Drive improvements; and,

5.                  Execution of a Site Plan Performance Agreement.

 

Motion carried unanimously.                                                                                                         (22)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the selection of Hillcrest Wrecker and Garage Inc., for a City towing services contract for the Police Department from March 1, 2002 to February 28, 2003.  Motion carried unanimously.                                                                                                                                                           (23)   

Ordinance No. 7498, which establishes “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, was removed from the consent agenda for discussion.

Jan McCullough, Lawrence, spoke in opposition to the ordinance.  She said she has lived in the neighborhood for approximately 36 ½ years.  She said she had just happened to read in the newspaper that the ordinance was on second reading during tonight’s agenda.  She said it surprised her because she resided right across the street from where the parking was going to be removed and she had never received a letter from the Traffic Safety Commission or the Planning Commission.  She was notified on prior occasions when issues like this were before the Traffic Safety Commission and she was able to go to those meetings and discuss the issue at that time rather than coming to the City Commission meeting to discuss this issues with the City Commission. 

McCullough asked who requested the ordinance.  She said there was already “no parking” on the east side of that street.  She said Cambridge Road was an east/west street that came west into Sunset and Cambridge was a small S-shaped street with 8 permanently  removed parking spaces there already.  She said the proposed ordinance sought to remove 12 parking spaces off of Cambridge Road during daytime hours.  She has observed those parking spaces being used by KU students, neighbors, friends, relatives and people who were going to the water tower park.  She said she did not understand why this parking needed to be removed. 

McCullough said Hillcrest School was one block west of that intersection.  She said a number of years ago someone wanted to remove the parking on Harvard Road near the south side of her residence.  It ultimately was not removed and those parking spaces are used by the parents and teachers. 

McCullough said speeding was the issue in that area.  She said keeping the parking spaces might help to reduce the traffic speeds. 

Commissioner Kennedy said the “no parking” on Sunset Drive was initiated by a neighborhood resident. 

Mayor Rundle read a letter written by the West Hills Neighborhood Association in support of additional parking restrictions on Sunset Drive.  The letter stated Sunset Drive was dangerous because of the jog in the road that Sunset takes near the intersection of Cambridge Road and because of limited site visibility issues when cars park on the west side causing the southbound car on Sunset to move to the left lane and to not see traffic coming from the south.

McCullough said there was good visibility.

Commissioner Dunfield asked what were the City Commission options.

Mike Wildgen, City Manager, said this “no parking” issue was sent to the Traffic Safety Commission once before by the City Commission because there were questions about public notice.    He said there were three options:  1) send this issue back to the Traffic Safety Commission; 2) deny the ordinance; or 3) adopt the ordinance.

Mayor Rundle said it seemed that narrowing the streets by allowing parking was considered to be traffic calming, but he did not know if opening up the road with no parking would make it worse.

McCullough said the other question was that Sunset Drive went 2 more blocks south from Cambridge Road and had even worse visibility. 

Commissioner Dunfield said it would be appropriate to ask the Traffic Safety Commission to take one more look at this issue.

Commissioner Henry said he did not mind sending this issue back to the Traffic Safety Commission for further consideration.

Moved by Dunfield, seconded by Kennedy, to refer 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, back to the Traffic Safety Commission for further consideration.  Motion carried unanimously.                       (24)

Mike Wildgen, City Manager, updated the City Commission on the fire fatality in Lawrence.  He also updated the City Commission on the ice storm cleanup and mentioned the City was eligible for FEMA reimbursement.

David Corliss, Assistant City Manager/Legal Services Director, updated the City Commission on the status of the Home Depot & 31^st/Iowa Corridor Improvements.  He said there were no action items this evening but staff wanted to provide a status report on a number of different elements of the project that were proceeding and for staff  to receive any comments from the Commission in regards to this project.  He said last year the City Commission approved the Preliminary Development Plan for the Home Improvement store on north side of 31^st Street and the Commission approved a cost sharing arrangement for necessary public improvements associated with that commercial development on the north side of 31^st Street.  Since that time, staff had briefed the City Commission on KDOT’s interest in participating in the project.  Corliss referenced a February 7, 2002 letter from Brian Gower, a KDOT engineer, which listed three options on KDOT’s participation.  He said KDOT’s participation was primarily toward the safety aspects of the intersection and KDOT’s parameters for participation bear that out.  He said staff believed option “C” seemed to make the most sense which was as long as KDOT approved the project and the City met KDOT’s parameters, they would then reimburse the City $300,000 for the improvements at 31^st and Iowa. 

Corliss said the planning and design of the project was continuing.  Last October, staff presented the City Commission with a probable cost of construction.  Corliss said by comparing the October 2001 cost estimate with the February 2002 cost estimate one could see how those numbers had changed.  He said Dan Watkins, representing the Home Depot Development,  provided the City Commission with a memorandum which discussed some of those changes.  Corliss said staff had just received this memorandum and had not had the chance to thoroughly review it to ensure that it was complete.  Staff thought it was moving in the correct direction as far as accuracy was concerned and reflecting the cost of the project. 

Corliss said staff anticipated that the Commission would see this issue with an action  item on the March 5, 2002, City Commission agenda.  He said, following up on the City Commission’s direction from last year, staff was crafting an agreement with Home Depot on the construction for public improvements.  Corliss said Home Depot desired to be the contractor of record for the construction of the public improvements because they wanted that level of control over the project.  He wanted the Commission to understand the policy implications if the Commission decided to give that control to Home Depot.  Staff recommended that the City continue to build the project according to the City’s plans and specifications, bonding and insurance requirements, and there had not been any problem from the Home Depot representatives in regard to those conditions.  The significant procedural difference that he saw in the proposed scheme was that the City would contract with Home Depot for these particular improvements, they would then turn around and bid it with contractors through their standard bidding practices.  Staff would then confirm that the contractor was appropriate to do business in Kansas and the project estimate was appropriate.  He said the City has not traditionally bid public improvement projects in this manner, but it was a policy decision of the Commission as to whether or not this was an exception.  This was how Home Depot would then retain control over the project because timing was important for them.  Corliss said while the project bidding process would be different, the rest of the contract contained things you would expect to see in an agreement.  Who paid for what was determined in the road schedule. 

Corliss said staff was also proceeding with the design assumption that there would be a left turn access on westbound 31^st Street into the K-Mart property leased to them by Maylan Realty.  He said KDOT did not have any control over this issue because 31^st Street was not a state highway; however, KDOT did have some concerns about vehicle stacking on 31^st Street. 

Chuck Soules, Public Works Director, presented an aerial view showing the current intersection at 31^st and Iowa Streets.  He said the proposed improvements significantly increased the capacity of the intersection.  He said an additional left turn lane would be added which would make two left turn lanes for southbound Iowa traffic.  For northbound traffic south of the intersection, there would be two through northbound lanes, two left turn lanes, and one right turn lane.  He said the City was going from a current six-lane configuration on the north leg to a seven lane configuration.  Additionally, the intersection on 31^st Street would be widened with two through lanes going westbound and two left turn lanes turning south on to Iowa.  For traffic approaching the intersection from the west, there would be two through lanes and two left turn lanes.  He said with the widening of 31^st Street there were some issues with grade on the northeast corner, so the frontage road would need to be opened because you can’t access the gas station going from 31^st Street once widened.          

Commissioner Henry asked Soules if construction on the right turn lane that was westbound on 31^st going northbound on Iowa would happen immediately.

Soules said it was his understanding there was a lease agreement that the operator of the business had on the land and when the road would be widened to include the two through lanes and two left turn lanes on 31^st Street, the curb and gutter would be pushed to the north which would be toward the property and the grade where the gas station was versus where the grade of the street was would be more vertical and the gas station would not have access from 31^st Street other than going on the frontage road and coming back around.

Mayor Rundle asked if there would be adequate time to assess the cost estimates prior to the proposed March 5, 2002 agenda item.

Soules said staff received the most recent estimate late this afternoon, but  had not had enough time to thoroughly review the estimate.  He said the March 5^th date would allow for sufficient time to review the estimates.

Mayor Rundle asked about the curb cut between Iowa Street and Ousdahl Road and if there would be a way to assess how much this was contributing to the need for some of these improvements if the curb cut was moved.

Dan Watkins, representing the Home Depot development, said he thought the improvements at the Iowa intersection were related to existing and future traffic at the mid block traffic light, but did not believe it significantly impacted the need for the geometric improvements at the Iowa intersection.

Watkins presented the City Commission with February 19, 2002 memo concerning the cost estimates for public improvements and the proposed cost sharing as Home Depot understood it.  He said the memo indicated that KDOT was taking an interest in the project because this was the second rated safety intersection on their list, primarily because the road bottlenecks on the east side of Iowa.  KDOT had safety concerns and was willing to participate in the project.  He said because there were geometric improvements, there needed to be signalization improvements.  Some of the improved signalization was called for in the original agreement.  As KDOT looked at this agreement they concluded that they did not want to re-stripe Iowa with narrower lanes and without a raised median.  He said they believed they needed the whole width of lanes and also wanted wider receiving lanes and a raised median and if safety on the east side needed improvement, they thought the left side should be balanced so that it had double left turn lanes going to the north. 

In looking how all this would work whether you would have an east side project, a KDOT project in the middle and a maybe a benefit district on the west, KDOT has come up with some options in terms of participation.  Option “C” proposed that KDOT contribute $300,000 to the City for the project.  This would mean the project would be done according to KDOT’s specification, they would inspect the project, and reimburse for those improvements.  KDOT’s improvements to Iowa for lane widening and to put in medians were approximately $350,000 higher than what was originally proposed.  The west of Iowa improvements were approximately $300,000.  Again, this was a requirement KDOT wanted in order to participate and in order to have these lanes balanced.  He said Home Depot’s proposal proposed that rather than a benefit district with others on the west side, that this be split 50/50 by the developer on the east side and the City according to the 50/50 formula for the east side of 31^st Street.  He said there was some additional cost at Iowa because of right-of-way acquisition due to the widening of 31^st Street to provide better access to K-mart. 

Watkins said the agreement that was being worked on with staff for presentation to the City Commission would not take the City out of the position of requiring a bid or approving a bid.  The agreement would require bids.  He said there were no more active people in the market doing public improvements other than Home Depot and Target.  He said they had sophisticated on-line bidding processes.  He said the City could monitor this process to make sure those bids were the lowest bids and that there was no increased cost to the City.  He also said the project would not go forward without the city approving those bids.  He said the City would also inspect and monitor the project.  He said Home Depot was hopeful they could get the latest draft agreement to the City this weekend.  He said hopefully there would be a full analysis of both the public improvements and the contract in an expedited way.  He said there was an increase in cost that came with KDOT’s participation.  

Commissioner Dunfield asked Watkins the status on the discussions between the Wanamaker & Commerce Plaza property owners and the Home Depot developer.

Watkins said he understood there was a meeting today, but he was not involved in that meeting.

Corliss said he had discussions with the attorney that represented that property owner.  He said the attorney made an inquiry into what they were going to discuss.  He said the attorney indicated the developer had an option on that property and has been paying monthly service payments for that option. 

Commissioner Dunfield said he would like to have all available information on those discussions before this issue came back to the Commission for full consideration.  He said it also appeared the only thing being looked at was at the 31^st & Iowa intersection.  Many of improvements were happening east of the intersection.  In fact, those were the improvements that were essential for Home Depot to open its doors.  He said he thought there was some concern about the phasing of these improvements and the intentions of the developers as far as how these improvements come about in terms of the construction phase.

Watkins said there would be a close collaboration with the City in discussing those because the City would need traffic control at that location.  He said  the only phasing he heard of dealt with getting the Ousdahl improvement finished so that 33^rd and Ousdahl connection could be used more easily.  He said there was some discussion earlier about phasing and the Iowa intersection.  To address this issue, Home Depot was trying to come up with a proposal that allowed this to be done as one project and the phasing would then be controlled. 

Mayor Rundle asked if Home Depot was confident they could meet this timeline of getting all the intersection improvements done.

Watkins said you could not predict acts of god, but if the proposal was approved on March 5, 2002, they would anticipate street improvements would start in May with final plans and bids approved by the City and a contractor starting work which would allow 8 to 9 months of construction before a store opening which would be aimed toward the end of January. 

Corliss reminded the Commission it was a condition of the development plan that all the public improvements be substantially complete prior to occupancy and was also a condition in the agreement. 

Joyce Wolf, Chair, Indian Hills Neighborhood Association, thanked the City for allowing her to address this issue that had been the subject of several south side neighborhood groups’ meetings since last year.  She said their two primary concerns centered on stormwater drainage from the impervious surface of the development, which had been addressed, and traffic safety issues at 31^st and Iowa Streets and 31^st and Louisiana Streets.  She said her association’s concerns should not be viewed as trying to divert Home Depot from coming to Lawrence.  She said her association has had two meetings with City staff and staff members were cordial and provided answers as best they could.  She said they still had a number of unanswered questions.  She said they understood, because of the City’s earlier approval of this project, staff’s duty was to make the development driven improvements and agreements work out.  Nevertheless, they still had concerns about several issues and items related to the actual configuration and financing of the intersection.   She said there was a question about KDOT’s funding and how much control KDOT would have over the intersection as a whole.  As she understood it, KDOT objected to the left turn into K-mart for cars traveling west on 31^st Street and similarly for cars traveling east on 31^st Street, would they be permitted to go into the Home Depot development in opposition to KDOT’s recommendation.  She asked whether the City could make these changes without being financially penalized by KDOT.  She said they supported a turn lane into K-mart because they have been good corporate citizens.  She said City staff had informed them that Home Depot had a timeline that would permit them to break ground and be open in time for Christmas.  It seemed to them that this would require many hours of overtime work to get improvement in place before opening.  She asked would the City, because of the 50/50 split with the developer, obligate itself by the agreement to share those additional costs that might be incurred by overtime work.  She said they had already been informed that the original estimates were significantly higher then the original figures that were voted on last fall at the time of project improvement. 

Wolf also asked about the functionality of the 31^st & Iowa intersection after the various improvements were completed.  She said the City might need to look at an interchange type of intersection.  She said KDOT’s estimate of putting in that type of interchange was $8,000,000 a mile.  After the hearing from last fall, it was brought out that someone had an option on land north of the proposed project.  She asked if the development faced Iowa, instead of 31^st, would that have a direct and beneficial outcome on traffic control at that intersection.  She informed everyone that the Indian Hills Neighborhood Association would be meeting with KDOT staff on February 25, 2002, at 8:15 a.m.  The meeting would be held on the KU campus and she invited the City Commission and staff to attend.

Carol Bowen, Park Hill Neighborhood Association, said they had been working with the Indian Hills Neighborhood Association and shared most of their concerns.  She said she remembered when the Home Depot issue came before the City Commission and the developer stated that Louisiana Street was not his problem.  She said he was right, he could not solve the problems on Louisiana Street as well as the intersection of 31^st and Iowa.  She said where the City was weak was in planning.  The City was not thinking ahead of the capacity on 31^st Street.  She said there was a plan for high-density multi-family dwellings in two locations and also commercial creep if the City opened up 31^st Street to the neighborhood to the southeast. 

Mayor Rundle said it was important for everyone to remember that the City Commission was only receiving a status report this evening and there would be no formal action taken.     (25)

Mayor Rundle presented the City Commission with the establishment of a Parking Garage Task Force.  He said Cindy Maude and Tim Fritzel had agreed to sit on the task force representing downtown office tenants.  He said staff was trying to coordinate meeting schedules.

Commissioner Kennedy said the first few meetings would be general discussion for informational purposes before making any major decisions  

                Moved by Hack, seconded by Dunfield, to establish a task force to consider the proposed 600 block of New Hampshire parking garage.  Motion carried unanimously.            (26)

David Corliss, Assistance City Manager/Legal Services Director, updated the City Commission on the 2002 Legislative Session as it related to House Bill 2828 – Douglas County Sales Tax.  He said he wanted the City Commission to recognize the pace of consideration of these items seemed to be quick and would like the City to take time to deliberate locally to provide good direction to the local legislative delegation.  He presented the City Commission with a copy of the history section of K.S.A. 12-187, which was the statute for the countywide and city sales taxes.  He noted that the statute was amended almost every year.  It was not amended to change the percentage amount because the percentage amounts had been fixed since the 1970’s.  Cities and Counties were capped at 1%, but almost every year there was a proposal similar to K.S.A. 12-187 that was debated in the legislature to give additional authority to a city or county.  He said this was something the legislature was generally familiar with and there was usually an omnibus sales tax bill every year.  It was common for multiple jurisdictions to be part of that debate.  One of the issues discussed last week was to ensure that all of the City’s interests were discussed and a clear communication with state legislatures as to what the City’s position would be regarding House Bill 2828.  He said there were individuals from the ECO2 Task Force to discuss the proposal along with Commissioner Henry who was also familiar with the proposal.  The language in the bill itself was to what the revenues would be pledged for and some discussion about the purposes.  He said he met with the County Counselor, Evan Ice, who had been in discussion with County Commissioner Charles Jones about some of the possible amendments as well.  There were discussions about revenue sharing with the cities in Douglas County.  He suggested that the City Commission have a discussion about the proposal to give staff direction. 

Commissioner Dunfield asked what was the nature of the time constraint the City was operating under.

Corliss said the Legislature has a turnaround deadline in a few weeks where bills introduced in the House need to be considered by the House.  It was also possible that a bill could stay alive until the end of the session.  He said while there were exact deadlines, there were also exceptions.  He said he thought it would be helpful to inform the legislative delegation how the City felt about this bill sometime in the next two to three weeks.  He said there was almost always an omnibus sales tax bill and it would be one of the last bills addressed. 

Mayor Rundle asked Corliss if he knew what the estimated turnaround date would be.

Corliss said he did not have that information at this time, but would research that information to report to the City Commission.

Kelvin Heck, ECO2 Chair, said he was there to answer any questions the City Commission might have concerning ECO2 and this bill.  He said right now this was a possible funding mechanism.  He said the task force was receptive to any ideas the City Commission wanted to address.  He said ECO2 has met for the last two years trying to put together open space and business parkland.  There were diverse opinions brought to the table in those discussions.  These discussions had been relatively smooth after the first month or two until you reach the point of how you fund these things.  He said it was important to note that House Bill 2828l didn’t approve the sales tax but it gave the county the authority to put this sales tax issue on the ballot for a countywide vote. 

Heck said there were three specific language changes necessary in the current version House Bill 2828.  One was not to have all the tax money going to the county, but to go through Lawrence and the other surrounding cities in the county as it normally did through that process.  The second change was language about funding “commercial” areas.  He said the word “commercial” should be eliminated and replaced with “business” and “industrial park.”  He said the third change was the open space.   He said he did not have the exact language, but it concerned “nature preservation” or “hiking/biking trails.”  He said it was probably more specific, but not all-inclusive, so they thought the best way to handle this was to call it “open space” as a general definition for now. 

Commissioner Dunfield said he knew people were aware of discussions concerning the revenue sharing aspect, not just in terms of city and county, but also in terms of open space and industrial.  He asked Heck if that had been resolved with the ECO2 Task Force.

Heck said at previous meetings they agreed that the 50/50 split of dollars was the appropriate way to split the funds and to reconcile them at the end of ten years.  He said at the meeting they had discussed their prior project highlights and integrated both the business park aspects as well as open space together in one project to show the public what the task force was trying to do was a combination of the two efforts. 

Commissioner Dunfield asked Heck if it was appropriate that this be part of the language of the House Bill.

Heck said he wondered how much specificity to put into the House Bill.  All the task force was asking was the authority to go to the voters.  He said if it gets to that point, the ballot would have that specificity.

Commissioner Dunfield said we wanted to make sure the City sends a clear signal to the state legislature that the community has a strong consensus behind it.

Heck said part of the specific language today was not in place with the timeline because the task force had not fully digested the draft documents.  As a committee approving the open space and business park plan, everyone wanted to talk about the money.  He said the task force was not quite there with the details, but should have them in the next three to four weeks.

Commissioner Hack asked what the downside was in including that split in the bill and did it complicate things.

Heck said he that depended on how much detail was included in the document. 

Commissioner Henry asked Heck to mention the “board of eight.”      

Heck said the board of eight was intended to oversee the spending of the money and the development of the plans for open space and business parks.  He said this was not a new concept, but was new for Lawrence.  The board would be made up of eight members.  Four members would be appointed by the Douglas County Commission as full representatives of the open space advocates in Lawrence such as the Sierra Club or Friends of the Kaw.  The other four members would represent the Chamber of Commerce or DCDI so there would be a balance of interests to make recommendations and decisions.  An affirmative vote of six of the eight would be necessary for approving a proposal.

Mayor Rundle asked when additional House Bill 2828 discussions would take place.

Corliss said in approximately two weeks.  He said the task force would like to give the City Commission some options and have a discussion of how much needed to be in the bill and how much would be in an Interlocal Agreement between the cities in Douglas County and the County itself.

Commissioner Henry said he was pleased with the outcome of the meeting this morning and appreciated all the task force’s work for the last two years. 

Corliss said the language needed to be worked on as well as K.S.A 12-192 concerning all the revenue going to the County.                                                                                                 (27)

Mike Wildgen, City Manager, presented the staff report concerning the purchase of property for parking in the Stonegate III Subdivision, generally located north of Peterson Road, west of Kasold, and south of the Kansas Turnpike.  He said last year, at the direction of the Commission, the property was appraised and the subdivision was getting closer to where they were ready to develop the roads.  He asked for authority to go ahead and pursue the purchase. 

Commissioner Dunfield noted that the parkland would be a nice future asset for the neighborhood.

            Moved by Kennedy, seconded by Hack, to approve the purchase of property for proposed parkland in the Stonegate III subdivision (generally located north of Peterson Road, west of Kasold, and south of the Turnpike).  Motion carried unanimously.                                 (28)

            During public comment, Doug Bowen, wanted again to address the issue of roundabouts and pedestrian islands.  He said he has done an on-going survey and had yet to find one person who liked the concept of roundabouts and pedestrian islands.  He said he had a concern about the winter season and the roundabouts that were presently in place would act as snow screens.  He said he wondered if the Commission had taken into consideration how a snowplow would be able to maneuver through these obstacles.       

            Commissioner Dunfield said “yes.”  He said when the Commission first entered into discussion about roundabouts, the Commission talked with the Fire, Police and Public Works Departments about all of these issues and maneuvering could be done.

            Mike Wildgen, City Manager, said there were roundabout throughout the nation.  He said all the Public Works Departments have unique situations in terms of design and they deal with it.  It might take a little more time and extra care, but it gets done.

            Bowen asked whatever happened to stop signs and law enforcement?

            Mayor Rundle said stop signs stop traffic and tended to back traffic up.  All the data showed that if traffic slowed but kept moving more traffic could get through an intersection.  He said as far as law enforcement, the City did not have the unlimited resources to have the police constantly monitoring speed limits.  He said he thought the Police Chief would like to have a special traffic enforcement unit, but the City did not have funds in the budget.

            Commissioner Dunfield said these were on-going discussions concerning street and neighborhood issues.  He said he believed there were some City publications that discussed stop signs and other issues.  He said there was documentation like the Louisiana Street Traffic Calming Study, which talked about those issues of speeds and obeying or not obeying stop signs.  He suggested that staff supply Bowen with literature that could be used because this was an on-going educational process for everyone.

            Betty Alderson reported that at the Centennial Neighborhood Annual Meeting there was a unanimous approval of the safe islands on Louisiana Street.                                                      (29)

                Moved by Dunfield, seconded by Henry, to adjourn at 8:00 p.m.   Motion carried unanimously.                                                                                                                                                                                                                                    APPROVED:

                                                                                    _____________________________

ATTEST:                                                                                Mike Rundle, Mayor

___________________________________                                                                       

Frank S. Reeb, City Clerk

COMMISSION MEETING FEBRUARY 19, 2002

1.                  Bid – 2001 Waterline Improvement Project – Phase II, Rose-Lan Contractors for $29,811.

2.                  Purchase – Water Treatment Chemical to Ondeo Nalco Chemical Co., for $33,600.

3.                  Bid – One-ton crew cab pickup truck, to Olathe Ford for $31,946. 

4.                  Ordinance No. 7471 – 1^st Reading, Rezone [Z-08-30a-01], 2.75 acres, A to PRD-2, NW of intersection of W 6^th & Wakarusa.

5.                  Ordinance No. 7491 – 1^st Reading, Rezone [Z-08-31-01], 19.19 acres, A to PCD-2, NW of intersection of W 6^th & Wakarusa.

6.                  Ordinance No. 7488 – 1^st Reading, Tax Abatement Phase III, Sauer Danfoss.

7.                  Ordinance No. 7492 – 2^nd Reading, Rezone [Z-09-37-00 (east)], 17.039 acres, from A to PRD-1, part of Westwood Hills Subdivision.

8.                  Ordinance No. 7493 – 2^nd Reading, Rezone [Z-09-37-00 (west)], 17.039 acres, from A to PRD-1, part of Westwood Hills Subdivision.

9.                  Ordinance No. 7494 – 2^nd Reading, Rezone [Z-05-21-00], 3.031 acres, from A to PRD-1, part of Westwood Hills Subdivision.

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

11.              Ordinance No. 7496, 2^nd Reading, Rezone [Z-05-18-00], 40.598 acres, from A to RS-1, part of Westwood Hills Subdivision.

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

13.              Ordinance No. 7499, 2^nd Reading, alley between 9^th & 10^th, Kentucky & Vermont as 1-way, S bound to S property line of Intrust Bank.

14.              Ordinance No. 7500, 2^nd Reading, “No Parking” alone E side of Glenview Dr from Peterson to lot line between 218 & 301 Glenview Dr.

15.              Ordinance No. 7501, 2^nd Reading, temporary moratorium on annexation of property into the City in designated floodplain areas until July 15, 2002.

16.              Ordinance No. 7502, 2^nd Reading, temporary moratorium on annexation of property into the City N of KS River until July 15, 2002.

17.              Ordinance No 7485 – 2^nd Reading, Special Assess public hearing, George Williams Way, N & S of w 15^th.

18.              Ordinance No. 7490 – 2^nd Reading, Special assess public hearing, Westwood.

19.              Cooperation Agreement – Douglas Cnty for sanitary sewer, NW of 6^th & Wakarusa (Westwood Hills & adjacent developments).

20.              Swimming Pool Regulations – Amendments, Lawrence-Douglas Cnty Health Dept.

21.              Site Plan – (SP-12-78-01), cellsite on wheels, 1112 W 6^th, N of Taco Bell & W of Medical Plaza.

22.              Site Plan – (SP-01-05-02), office bldg & parking lot, Quail Crest Addition, SE corner of Wakarusa & Quail Crest.

23.              Towing Services – Police  Dept., to Hillcrest Wrecker & Garage from 3/1/02 to 2/28/03.

24.              Ordinance No. 7498 – Refer back to TSC, “No Parking” 7 am – 5 pm, Mon-Fri, unrestricted area along the W side of Sunset Dr between Cambridge & Harvard.

25.              31^st & Iowa Intersection Improvements and Home Depot Status.

26.              Parking Structure – 600 Block, New Hampshire.

27.              2002 Legislative Session – House Bill 2828 – Douglas Cnty Sales Tax.

28.              Property Purchase – Stonegate III Sub, N of Peterson Rd, W of Kasold & S of KS Turnpike.

29.              Public Comment – Roundabouts & pedestrian islands.