March 26, 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.  Student Commissioner Raney was present.    

            Mayor Rundle gave the traditional State of the City Address delivered each year by the Mayor of the City of Lawrence.

I appreciate the honor of serving in this position for the past year and I appreciate the opportunity to speak to you tonight.  We are barely six months past the tragic events of September 11, 2001; the impact of those events on our lives is not yet clear. Our community is also facing financial uncertainty due to a budget shortfall at the state level. In spite of these and other uncertainties I want to focus on our future as a community and as a city. Our future is indeed bright before us like a flame.

            Lawrence is a good city without question. I don't believe good is good enough. You or I can list many assets.  We can be proud of the character of our people and the quality of our city. However, I believe the best is out on the horizon - we are on our way to being a great city and we will need to work together as a community if we are to realize that potential for greatness.

            Let me first take stock of the year just past and the city of Lawrence today. The landscape of our community continues to change rapidly with expansion of new housing stock, a steady stream of renovation, restoration and remodeling in established areas of our community, newly constructed public facilities, the acquisition of park land and improvements to existing public facilities and parks. The challenges facing our community are those of a vibrant, growing city. Those are the challenges a governing body wants over any other. It is an exciting time in local history to be a Commissioner and Mayor.

 

            It has been my pleasure over the last year to preside over the opening of many park facilities including the restored Teddy Roosevelt fountain and the renovated wading pool, both in South Park, nature trails in Prairie Park and our new off leash dog park near Clinton Lake.

            Many projects and programs were launched before I began my term as Mayor and they continue to grow and unfold. Airport improvements will continue this year; ridership of our bus system continues to expand as the Public Transit Advisory Committee guides us along a path of success; construction of a new fire station moves ahead; some divisions of our police department now occupy a new center in West Lawrence; our waste water treatment plant expansion is progressing as scheduled; the Bowersock dam on the Kansas River, over 100 years old, has been given an extension of its life through repairs completed over the winter.  We are using our new parking garage at 9th and New Hampshire; and we are all looking forward to the opening of the new Lawrence Arts Center on April 8, 2002.  These are just a few projects that provide the infrastructure for city services and give a home for programs that benefit our citizens.

            The Lawrence City Commission has formed and nurtured many successful partnerships throughout the community with other agencies and elected officials. Our meetings with the Douglas County Commission and school board members continue to be productive.  The University of Kansas has been meeting over this past year with neighbors, staff, and myself in an attempt to foster a better working community relationship as the University and the City grow together. The City Commission has moved forward on a variety of fronts to develop policies that foster neighborhood stability and balance inevitable change with preservation.

            During the last year, I was able to appoint the founding members of the Housing Trust Fund Advisory Board.  The Waste Reduction and Recycling department continues to expand composting, recycling services, and hazardous waste collection programs to the citizens of Lawrence.  That department has also created innovative partnerships to encourage energy conservation, buying recycled products and preventing pollution from occurring within our community; City Hall now remains open over the lunch hour; our staff regularly receives recognition and awards from peer organizations.

            Before I go any further let me also acknowledge our City staff that work diligently throughout the year to provide the services we depend on every day.  Water, public safety, streets and recreation needs are all met almost without interruption. We never thank staff enough. Our expectations continue to grow and staff always responds.

            Along with staff we are very fortunate that Lawrence is home to so many talented people willing to serve on our boards and commissions. The new programs and those expanded in the last year depend on both our dedicated staff and community volunteers.

            These brief highlights help illustrate that our City employees are one of our greatest assets. I hope that we can maintain a climate of support for staff so that they in turn are able to remain enthused about what they do and so that both the Commission and our City employees share an understanding of the importance of their work.

            How can we build on the foundation that exists today so that Lawrence becomes the great city it can be?  We have to dream together of the ideal city that our citizens and future citizens might want and we need to facilitate that process. This will enable us to create a clearer vision of our future in all aspects of our daily life.

            We need to study cities throughout the country and even the world so that we may create new ideas of what we can become. We have tremendous capacity among our citizens for identifying the ideals for becoming a great city, for evaluating their practicality and appropriateness for this Midwest community of Lawrence, Kansas. We have not used the brainpower and willingness of the many people who could contribute to this effort to the full extent that is possible. We can build a consensus that narrows these ideals to a community focus and translate that into a detailed strategic plan and put those plans into action with clear goals and timetables.

            The great cities of the world are not accidents. The residents of those cities dreamed, planned, and implemented a shared vision to become great cities. Lawrence can be a model for cities in the 21st century.  There is no need for us to settle for becoming another good “Anywhere, USA” bedroom community of urban sprawl.

            Let me focus the balance of these remarks in the area of our economic well-being.  We have enjoyed a decade of unbroken prosperity and there is no reason to believe that we cannot sustain that trend. Our community has supported initiatives that have contributed dramatically to the quality of our lives in areas of the arts, education and recreation. All of this has been accomplished through the efforts of countless individuals working behind the scenes and out in front of the public. It is time to concentrate the same kind of effort in the area of economic prosperity.

            We need to do at least the following two things. First we need to play to our strengths and second we need to create and implement strategies that have a solid base of support in the broadest cross section of the community that is possible. The community journalism project of the World Company was called, "Lawrence Is Growing: Finding Common Ground." That title also translates to a substantial challenge for our community. The work of ECO2, a group convened by the Lawrence Chamber of Commerce is an example of the kind of work that we need to continue.  Diverse interests gather around a common table to take ownership of, participate in and have taken responsibility for the success of issues that are important to the entire community.

            Our planning commission provides another example of community based efforts that shape our future. There is no matter of greater consequence to our future than the management of growth. That management must reflect the breadth and span of community interests. We have made strides toward balance on the planning commission and it has responded admirably. Over the recent months the planning commission has been tackling tough issues and working toward consensus on a variety of policy questions. I would like to add my thanks to the planning commissioners for their effort and the care they bring to their work.  We must not shy away from the goal of enabling all of our citizens the opportunity to earn a living wage. We can think more strategically about supporting economic development efforts in organized and pragmatic ways to improve the odds that our economic development efforts lead us toward the goal of providing opportunities to earn a living wage. Earning a living wage has just as much to do with quality of life as bike trails and art programs.

            I think we can concentrate our efforts on attracting companies or growing companies that contribute more to the community than they extract. We can concentrate our efforts on attracting companies that the vast majority of our citizens are happy to have here.  Companies that appreciate being here and are appreciated in turn.  We have to be more targeted in our approach to economic development to attract the types of companies that play to our strengths and those opportunities that hold great potential for our community. 

            We have been divided as a community by many issues in the past whether it is the idea that we are unfriendly to business and or unfriendly to citizens with alternative points of view. It is time to identify and focus instead on our strengths as a community and the goals for our future. It is time for a commitment as a community to work together in organized and practical ways to build on the foundation of those strengths and work together in reaching the goals we create together.

            Playing to our strengths and implementing community based strategic planning can apply to any effort in our community. Historic preservation, the creation of a national heritage center, addressing affordable housing needs, planning for the success of every young person in our community, economic development and the preservation of open space, are challenges facing us today and there are many people in our community now who are willing to engage those and many other challenging issues and projects.

            "We have tomorrow before us bright like a flame."  The poetry of Langston Hughes calls to us from the past and points to our future. Our future is indeed bright. I hope that we continue to search for common ground; that common ground is the foundation for Lawrence's future as the great city it can be.

            I would like to express my sincere thanks to the citizens of Lawrence for allowing me the honor of serving as your Mayor for the past year and I pledge to continue to work for you to the best of my ability as a City Commissioner.    

Mayor Rundle proclaimed the week of April 1 – 7, 2002 to be “Public Health Week.”

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the City Commission meeting minutes of March 5, 2002 and March 12, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Lawrence – Douglas County Public Health Board meeting minutes of January 28, 2002; the Neighborhood Resources Advisory Committee meeting minutes of February 14, 2002; the Housing Trust Fund Board meeting minutes of February 19, 2002; the Community Development Grant Review Board meeting minutes of December 11, 2001 and February 26, 2002; the Planning Commission meeting minutes of February 27, 2002; the Traffic Safety Commission meeting minutes of March 4, 2002; and, the Sister Cities Advisory Board meeting minutes of February 13, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, approve claims to 460 vendors in the amount of $1,793,057.84 and payroll from March 10, 2002 to March 23, 2002 in the amount of $1,227,431.35.  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 and appoint David Dunfield to the Public Incentives Review Committee; the appointments of Mike Howard, Quality Electric, for the journeyman electrician position, Leith Winsor of Western Electralite Company for the at-large position, and Jeff Oliver of Oliver Electric, Inc., for the Electrical Contractor position all which would expire on March 31, 2005, to the Board of Electrical Examiners; the appointment of Frank Estrada for the at-large position which would expire on March 31, 2005, to the Mechanical Code Board of Appeals; and, the appointments of Jessica Belmont, and Jim Girth, to the Parking Garage Task Force.  Motion carried unanimously.

The City Commission reviewed the bids for one backhoe 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 Seller’s Tractor Co., in the amount of $38,182.  Motion carried unanimously.  (1)

The City Commission reviewed the bids for the 2002 mowing contract for the East Highway 10 for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Downing Lawn Care, in the amount of $64.  Motion carried unanimously.        (2)

The City Commission reviewed the bids for the 2002 mowing contract for Clinton Parkway for the Parks and Recreation Department.  The bids were:

 

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Master Lawns, in the amount of $250.  Motion carried unanimously.            (3)

The City Commission reviewed the bids for the 2002 mowing contract for Dad “Perry” Park for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Russell Hopping, Alternate, in the amount of $320.  Motion carried unanimously.                                                                                                                                                        (4)

The City Commission reviewed the bids for the 2002 mowing contract for West 15^th (Iowa & Kasold for the Parks and Recreation Department.  The bids were:

 

 

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to First Management, Inc., in the amount of $122.  Motion carried unanimously. (5)

The City Commission reviewed the bids for the 2002 mowing contract for McDonald Drive for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Downing Lawn Care, in the amount of $95.  Motion carried unanimously.        (6)

The City Commission reviewed the bids for the 2002 mowing contract for Lawrence Prairie Park for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to First Management, in the amount of $87.  Motion carried unanimously.                   (7)

The City Commission reviewed the bids for the 2002 mowing contract for Clinton Reservoir Water Treatment Plant 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 Downing Lawn Care, in the amount of $90.  Motion carried unanimously.        (8)

The City Commission reviewed the bids for the 2002 mowing contract for Kaw River Water Treatment Plant 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 Downing Lawn Care, in the amount of $75.  Motion carried unanimously.        (9)

The City Commission reviewed the bids for the 2002 mowing contract for Water Towers at various locations 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 Russell Hopping, Alternate, in the amount of $90.  Motion carried unanimously.                                                                                                                                                                  (10)

The City Commission reviewed the bids for the 2002 mowing contract for Clinton Lake Outlet area, finish mows for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Master Lawns, in the amount of $225.  Motion carried unanimously.              (11)

The City Commission reviewed the bids for the 2002 mowing contract for Inverness Drive for the Parks and Recreation Department.  The bids were:

 

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Russell Hopping, Alternate, in the amount of $20.  Motion carried unanimously.                                                                                                                                                                  (12)

The City Commission reviewed the bids for the 2002 mowing contract for the Swan Building for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Russell Hopping, Alternate, in the amount of $24.  Motion carried unanimously.                                                                                                                                                                  (13)

The City Commission reviewed the bids for the 2002 mowing contract for the Municipal Airport for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Schmidt Lawn & Landscaping, in the amount of $50.  Motion carried unanimously.                                                                                                                                          (14)

The City Commission reviewed the bids for the 2002 mowing contract for the Kaw Water Plant 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 Russell Hopping, Alternate, in the amount of $27.  Motion carried unanimously.                                                                                                                                                                  (15)

The City Commission reviewed the bids for the 2002 mowing contract for the Indoor Aquatic Center for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Cut-N-Edge, in the amount of $69.  Motion carried unanimously.                            (16)

The City Commission reviewed the bids for the 2002 mowing contract for the Community Health Center for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Care Free Lawn Mowing, in the amount of $97.  Motion carried unanimously.                                                                                                                                                                   (17)

The City Commission reviewed the bids for the three (3) John Deere mowers for the Parks and Recreation Department.  The bids were:

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to award the bid to Deems Farm Equipment, in the amount of $32,600.  Motion carried unanimously.                                                                                                                                          (18)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve a lease extension with John Deere for maintenance equipment at Eagle Bend Golf Course.  Motion carried unanimously.                                                                                 (19)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to set a bid date of April 9, 2002 for 2002 overlay and curb repair on downtown streets.  Motion carried unanimously.                                                                                                                                (20)

            As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve a maintenance agreement with Huxtable L.T. Service, Inc. for the new Lawrence Arts Center, in the amount of $25,776.  Motion carried unanimously.                                                 (21)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt on first reading Ordinance No. 7512, allowing the sale, possession and consumption of alcoholic beverages in Burcham Park, Saturday, April 20, 2002.  Motion carried unanimously.                                                                                                                                                             (22)

Ordinance No. 7508, extending the temporary moratorium on building permits in a portion of Old West Lawrence until May 1, 2002, 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.         (23)

Ordinance No. 7509, extending the temporary moratorium on demolition permits in portions of Old West Lawrence until May 1, 2002, 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. 

      (24)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6369, authorizing $30,000 in additional GOB authority for the improvement of Barker Avenue/23^rd Street intersection and the 27^th Street/Iowa Street intersection.  Motion carried unanimously.                                                                                                                  (25)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to adopt Resolution No. 6370, authorizing $1,650,000 in GOB authority for the improvement of 31^st Street, east and west of Iowa, and for the intersection of Iowa and 31^st Street, as authorized by the City Commission on March 5, 2002.  Motion carried unanimously.                                          (26)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-01-01-02) of approximately 3.3 acre tract of land, from PCD-2 (w/restrictions) to PCD-2 (w/restrictions to permit multi-family residential uses).  The property is located south of the intersection of 6^th Street and Comet Lane, approximately 284’ along the east side of Comet Lane; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                                                                 (27)

As part of the consent agenda, it was moved Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendation to approve a preliminary development plan (PDP-01-01-02) consisting of 20.865 acres.  The property is located at the southeast corner of 6^th & Monterey Way.  The revision proposes a mix or commercial and multi-family residential uses east of Comet Lane, subject to the following conditions:

1.                  Provision of a revised Preliminary Development Plan depicting the following:

a.                  Provide a note on the plan that indicates that a benefit district for a dedicated left-turn lane on West 6^th Street into Comet Lane will be formed prior to occupancy of Phase C-1 buildings;

2.                  Provide an Agreement Not-to-Protest the formation of a benefit district for street improvements to West 6^th Street;

3.                  Provide an Agreement Not-to-Protest the formation of a benefit district for street improvements to Monterey Way; and,

4.                  Dense vegetative screening shall be placed between development and adjacent residential property owners to the east

Motion carried unanimously.                                                                                                                      (28)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-01-02-02) of approximately 27.9 acres, from A (Agricultural District) to RS-2 (Single Family Residence District).  The property is generally located  east of Queens Road, approximately 2300’ north of West 6^th Street.  Motion carried unanimously.     (29)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-01-03-02) of approximately 13.4 acres, from A (Agricultural District) to RM-D (Duplex Residential District).  The property is generally located east of Queens Road, approximately 673’ north of West 6^th Street.  Motion carried unanimously.                     (30)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Planning Commission’s recommendations to adopt the findings of fact and approve the request for rezoning (Z-01-04-02) of approximately 12.3 acres, from A (Agricultural District) to PRD-2 (Planned Residential District).  The property is generally located east of Queens Road and ¼ mile north of West 6^th Street.  Motion carried unanimously.                     (31)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the site plan (SP-02-10-02) for a building addition at Dale Willey Automotive.  The property is located at 2840 Iowa, subject to the following conditions:

1.                  Provision of a revised site plan to show that the 6’ sidewalk along Iowa Street will be constructed with these improvements;

2.                  Provision of a note on the face of the site plan that states “Asphalt curb and gutter for the east storage area was approved by the Board of Zoning Appeals per B-07-16-97”;

3.                  Provision of additional information regarding the location of sanitary sewer service per the approval of the City Engineer that demonstrates the service is provided on the applicant’s property;

4.                  Provision of a revised site plan to include a minimum of two (2) street trees in the center island along the Iowa Street Frontage Road;

5.                  Provision of a revised site plan to include a minimum of 15 off-street parking spaces along the west side of the building that are accessible to the general public;

6.                  Provision of a revised site plan to include the following note “The portion of the parking lot [exclusive of the storage area] shall be replaced with concrete curb and gutters per city standard when maintenance is required for the existing asphalt curbs”; and,

7.                  Provisions of a revised site plan to more clearly show the east berm per staff approval. 

 

Motion carried unanimously.                                                                                                         (32)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the site plan (SP-02-13-02) for a walk-up ATM at Krings.  The property is located at 634 Massachusetts, subject to the following conditions:

1.                  A site plan performance agreement be executed (per Section 20-1433);

2.                  Execution of a Right of Way Agreement; and,

3.                  Revision of the site plan to include:

a.                  A note stating “The ATM facility has been designated to meet ADA requirements as set forth in 4.34 “Automated Teller Machines”;

b.                  A note stating “The City Commission reserves the authority to revoke the right to use the right-of-way, if the City Commission determines that trash or other public concerns associated with the use of the ATM warrant removal of the ATM”;

c.                  A note stating, “The City Commission reserves the right to require changes to proposed lighting associated with the ATM.  The maximum foot candle shall not exceed 12 foot candles”;

d.                  A note indicating the property is zoned C-3; and,

e.                  Dimensions outlining the space necessary to complete the ATM transaction.

 

Motion carried unanimously.                                                                                             (33)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to approve the Technical Advisory Committee (TAC) recommendation to revise the Functional Classification Map (FCM) to show 31^st Street from Louisiana to O’Connell and O’Connell from 23^rd to 31^st Streets as minor arterial streets.  Motion carried unanimously.                         (34)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the 2002 System Development Charge Report from the Utilities Department.  Motion carried unanimously.                                                                                                                     (35)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the City Manager to execute agreement with the Success by 6 Coalition of Douglas County and Douglas County Dental Clinic. This agreement allows the City to serve as the financial conduit of State and Federal funds for the Douglas County Dental Clinic.  Motion carried unanimously.                                                                                                                                 (36)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the City Manager to execute a Professional Services Agreement with the Historic Preservation Services, LLC, to provide services related to the development of the Historic Preservation Plan.  Motion carried unanimously.                                                                        (37)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to execute the agreement not to protest the formation of a benefit district for the improvement of Overland Drive, between Queens and Wakarusa.  This agreement is from the property owner of approximately 34 acres east of Queens Road, north of Overland Drive extended.  The City Commission will likely consider formation of a benefit district for Overland Drive in April.  Motion carried unanimously.                                                                                      (38)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive the staff report on the conservation easement to be placed on Kelly and Varvil property and to authorize the City Manager to execute the agreement with Frances Kelly and Cheri Varvil for the purchase of approximately 14.414 acres, in the amount of $216,210.  The property is located north of Westwood Hills Development.  Motion carried unanimously.                             (39)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Traffic Safety Commission’s recommendation to establish approximately 50’ of additional “no parking” along the west side of Sunset Drive, north of Cambridge Road; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                  (40)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to concur with the Traffic Safety Commission’s recommendation to establish “35 mph speed limit” on Harper Street between 19^th and 23^rd Streets; and, direct staff to prepare the appropriate ordinance.  Motion carried unanimously.                                                                                       (41)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the loan limit increase to $35,000 for the Neighborhood Resources Comprehensive Rehabilitation and HOOT Loan programs.  Motion carried unanimously.                                    (42)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to sign a Release of Mortgage for Chris Dickinson, 314 Northwood Lane.  Motion carried unanimously.                                                                                                         (43)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to authorize the Mayor to sign a Release of Mortgage for Janis Pool, 324 California.  Motion carried unanimously.                                                                                                                                 (44)

As part of the consent agenda, it was moved by Kennedy, seconded by Henry, to receive a report from the Lawrence Historic Resources Commission on the eligibility of Haskell University and the Baker Wetlands for listing in the National Register of Historic Places.        (45)

Dennis Enslinger, Planner, presented SP-02-09-02, the site plan for the conversion of an existing restaurant (Hardee’s) to a new restaurant (Sheridan’s Frozen Custard), located on the northeast corner of Iowa and West 23^rd Street.

Duke Frye, owner, Sheridan’s Frozen Custard, said the only issue in question is the issue of the sidewalk.  He said they are in agreement with all of the other issues as far as the conditions on the property.  He said he is not protesting the construction of the sidewalk, but he is asking to be allowed to sign a No-Protest-Agreement that allows the creation of a benefit district allowing a sidewalk to be built.  He said, as the property sits, it is landlocked.       

The property is not owned by Southwest Plaza Shopping Center, but long-termed leased and that is why they had to file a site plan in the first place.  The sidewalk that is being recommended by the Public Works Department and the Planning Commission would end in the grass at Iowa and end on the other end on 23^rd Street, but it would not connect any sidewalk further down.  He said the zoning variances that they had received from the Board of Zoning Appeals stated that anything that occurs for them is null and void if the center redevelops.  He said since Southwest Properties is his landlord, he has discussed whether they had plans to redevelop the center which they did not. 

He said it is his understanding that City staff is focusing on the issue that his business has walk up windows, therefore creating pedestrian traffic and the need for sidewalks in the area.  Three other Sheridan’s franchises opened in the Kansas City area that are built in “like” shopping centers and they did not create pedestrian traffic.  Forty percent of their business is drive-through.  The reason why they chose this property is because of the extensive parking. 

Frye presented the City Commission with photographs of the proposed area.  He did not think a sidewalk could be placed at that location and if he installed a sidewalk, he is afraid the cable company would tear out the sidewalk to install fiber optics.

Frye also raised a concern that pedestrians could not stop traffic to get across to the island where the crosswalk exists.  He said he did not know if the City wanted to promote the crossing of a five and six-lane State and US Highway with a lot of pedestrian traffic.  He said there is not a curb cut into that island for ADA (Americans with Disability Act).  He also had a concern about being liable for pedestrians.               

He said he wanted to look at all the facts before he is forced to build a sidewalk.  The sidewalk is to benefit everybody.  He said no one is paying for this sidewalk except him.  If a benefit district is created later when everyone is involved, then they all share an even cost.  He asked that a no-protest agreement be added to the site plan.

Mayor Rundle asked if there is any knowledge of cable activity in that area.

Mike Wildgen, City Manager, said he is not aware of any new activity.  KDOT authorizes cable on Iowa Street and would not be surprised if they were installing cable at this time.

Mayor Rundle said the City’s policy is far more consistent in requiring sidewalks.  He asked if there is any history where an agreement not-to-protest would apply.

Linda Finger, Planning Director, presented a map to the Commission showing the sidewalks along 23^rd Street where there are gaps.  She said where sidewalks exist on the north side of 23^rd Street are actually there because they were required to install a sidewalk when those properties were redeveloped or site planned.  She pointed out there is sidewalk on the south side which connects to the center island for the right turn lane and then goes across.  There is a considerable amount of pedestrian traffic, enough, that in the last five years the City has added pedestrian activated lights at that intersection.  The bicycle crossing is required to be at 21^st Street.  She said there are pedestrians that jog and walk through this intersection often.

Brian Pedrotti, Planner, presented maps depicting the sidewalks on 23^rd Street.  He said there were defacto pedestrian paths that had been indented along the area and pedestrians were using them.  He said staff is trying to make this a pedestrian oriented area.

Frye said if he is to build a sidewalk like the Pat’s Blue Rib’n sidewalk that would be easy because it was narrower.  He said it is a one-foot walking path and he did not consider it a sidewalk.  He said he was not protesting installing a sidewalk, but he would be stuck with the bill.

Mayor Rundle said he would be interested in finding out if there is cable work being done in this area.  In the interest of making this a functional link, would it be possible for staff and Frye to work together to see if there would be an agreement to implement a benefit district.  He said he did think pedestrian traffic was in the area.

Frye said he has been watching this property since August and did not see a lot of foot traffic to the level that staff suggested.  He said staff’s philosophy was if you build a sidewalk, pedestrians would come.  He said he understood that philosophy, but if you build a sidewalk that was landlocked, pedestrians will not come.  Until it connects to something, it did not make sense.

Finger said there was not a lot of continuous sidewalk east of Haskell and any sidewalk there was; it probably came at the owner’s expense when they redeveloped.  Part of what has come out of the Comprehensive Transportation Plan is that the community wants a Comprehensive Pedestrian Plan to come along with the Transportation Plan because you will not have a transit system if you did not have sidewalks. 

Mayor Rundle said he was interested in working cooperatively, but the city’s orientation was to try to get as many sidewalks when the city could.  He asked if the other Commissioners agreed with this type of delay to see if there is cable activity in the area, give the applicant opportunity to attempt a benefit district, and if the benefit district fails, require the sidewalk.

Frye asked if the city would be delaying the whole project based on the discussion of the sidewalk.

Mayor Rundle said “no.”  He said he wanted to approve the project based on the conditions he mentioned.

Frye said he was in agreement, but he did not know how the shopping center felt about having everyone contribute to a sidewalk.

Commissioner Kennedy asked if there were future plans as to when there is going to be redevelopment of 23^rd and Iowa.

Wildgen said “no.”  There were no current plans.

Commissioner Kennedy asked if the City had an application with KDOT in the future for redevelopment.

Wildgen said the City has had applications for redevelopment in the past, but it will be four or five years away before it is approved by KDOT.  He said it has been denied in the past.

Commissioner Hack asked if it was possible to approve the plan minus Condition No. 4.

Mayor Rundle said his motion was to delay the plan until staff found out about the activity with the cable and to give Frye an opportunity to present a petition to the center to see if an agreement could be made to fill in the sidewalks for the whole center.  If that failed, he would be required to install the sidewalk.

Finger wanted to clarify that Condition No. 4.  She asked if the Commission is replacing Condition No. 4, which was the construction of 6’ sidewalks on Iowa and 23^rd and would be a condition that the applicant will work with the property owners of the shopping center to create a benefit district so that entire sidewalk could be built along the perimeter of the shopping center.  If this is not achievable, the applicant is required to install the 400 feet of sidewalk.  She asked if there was a time frame to accomplish a benefit district.

Wildgen said the applicant would know quickly if the property owners wanted to participate in the benefit district.  One of the issues is if there is cable work being done; you would not want to install a sidewalk.

Frye said staff needed to take into consideration the issue installing sidewalks where there was not 6 feet of space.

Finger said staff could work with the applicant.  She said there are instances where staff did some type of modification to adjust for a fire hydrant or mature trees.  She said it was not insurmountable.                      

Commissioner Henry said he appreciated the applicant’s willingness to work with staff.  This was one of those awkward situations where there was a pedestrian plan that was in place and the applicant was primarily relying on motor vehicle traffic.  Ultimately, it is going to require some sidewalks to serve citizens.  

Moved by Rundle, seconded by Hack, to approve the site plan (SP-02-09-02) with a revised Condition No. 4, which reads "the applicant will work with the property owner of the center to develop a benefit district for sidewalks along the entire perimeter of the Southwest Plaza (the design will be worked out with staff).  Failing the ability to achieve a benefit district, the applicant will install the 400' of sidewalk along the leased property."  Motion carried unanimously.

                                                                                                                                          (46)

Wildgen reported to the City Commission that the City installed twenty new bicycle parking units.  Ten units are going to be tested on the round meter polls. 

Mayor Rundle said he has had many opportunities recently to speak about the past year as Mayor and did not have much to add.  He said perhaps after he retires from the position of Mayor, he would put up on his website his top ten reasons for being Mayor and other speeches.  He said he was overwhelmed about the kind words many people have offered to him as Mayor.  If with the passage of time history judges his term as Mayor half as kindly, he said he would be pleased.  He said he thanked his fellow Commissioners privately and wanted to publicly and acknowledged the care and diligence they bring to their job representing their constituents and the community at large and is able to remain agreeable as a group, even though there is disagreement at times.  He said he appreciated the Commission’s support and encouragement this past year. 

Mayor Rundle also acknowledged his family.  He said if he has done anything right and there is anyone responsible for the values he expressed as an elected official it is his family, especially his grandparents and parents. 

Mayor Rundle also expressed his gratitude to the citizens of Lawrence for the opportunity to serve in the capacity of Mayor and look forward to supporting the City’s next Mayor and working together with this Commission and City staff for the good of our community.

Commissioner Dunfield said it has been a very eventful year and has seen a lot of changes and activities.  He said one characteristic that identified Mayor Rundle’s tenure is his dedication to continuing improvement in the quality of City services for all citizens.  He said, “complacency” is certainly not a word in Mayor Rundle’s vocabulary and thought the City is better for Mayor Rundle’s continuing dedication for pushing quality.

Commissioner Henry concurred with Commissioner Dunfield.  He said from first hand experience, he knew how much time it took as a Mayor and a Vice Mayor.  He thanked Mayor Rundle for looking so critically at the existing structure of the City with a view toward improving to become that great city.

Commissioner Kennedy said to Mayor Rundle “well done.”      

Commissioner Hack said it was a pleasure working with Mayor Rundle and the City was lucky to have him as our Mayor.  She said Mayor Rundle was compassionate and dedicated to his community.  She then presented a plaque to Mayor Rundle.

Mayor Rundle called for nominations for the office of Mayor.

Commissioner Kennedy moved to nominate Commissioner Hack for the position of Mayor.

Commissioner Henry seconded the nomination for Hack as Mayor.

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

The City Commission unanimously elected Commissioner Hack as Mayor.

Mayor Hack called for nominations for the office of Vice Mayor.

Commissioner Henry nominated Commissioner Dunfield for Vice Mayor.

Kennedy seconded the nomination for Dunfield for Vice Mayor.

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

The City Commission unanimously elected Commissioner Dunfield as Vice Mayor.

Mayor Hack introduced her family to the City.  She said she appreciated all of the support from her friends and family.  She wanted to thank the Commissioners for everything that they have taught her.  She said we each bring different perspectives and we each have a general love for this community as reflected in listening to people.  She said the City had wonderful City staff that are patient and hard working.  She said it was also a pleasure to have the student commissioner, a former student from Southwest Jr. High School, to see him grow into a fine young man.  She thanked the media for doing their part in educating the community on the responsibilities of citizenship and what democracy means.

Commissioner Rundle wanted to acknowledge that Mayor Hack has been working for many weeks spending time getting ready for the position of Mayor and he said he knew she would do a good job and they would all support her.

Commissioner Henry commented on the additional time it took to act as Mayor and wanted to thank his fellow Commissioners for everything they have done to make the year go well and wanted to thank their respective families for understanding the time it takes to do this work.                                                                                                                                             (47)

Moved by Rundle, seconded by Dunfield, to recess the meeting for twenty (20) minuets.  Motion carried unanimously.                                                                                

Mayor Hack called a public hearing on the proposed partial vacation of a utility easement located at 814 Kasold Drive.

            David Corliss, Assistant City Manager, Director of Legal Services, presented the staff report on the proposed partial vacation of a utility easement located at 814 Kasold Drive.  He said a notice was sent to the property owners along with the proposed vacation that was published in the newspaper.  The plat shows the existing easement at the bottom of that lot.  The house was built into the utility easement and there was not active utilities at that location.  He said staff recommends vacation of that portion of the utility easement.

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

            Moved by Kennedy, seconded by Henry, to approve the partial vacation of a utility easement located at 814 Kasold Drive.  Motion carried unanimously.                                   (48)

            Dennis Enslinger, Planner, presented the staff report on the rezoning of a portion of Old West Lawrence (Z-11-40-01).  He said this item would normally come before the Commission under the consent agenda, but there were two outstanding issues.  It has been some time since the City did rezonings of this size that create non-conforming uses.  As part of the request, the Planning Staff and Planning Commission recommends asking property owners that have non-conforming uses to record these at the Register of Deeds so they are on file for future reference. 

            The second issue is the rezoning from RM-D, a zoning category that is not required to license rental property and is not subject to provision of three individuals.  With the rezoning request of RS-2, this area is subject to licensing of rental properties and is required to meet the provisions of the existing ordinance by making properties that currently lease four individuals go to three individuals by the year 2004.  These are the two unresolved issues.

            Mayor Hack asked if the Commission was looking at two ordinances.  The first one to rezone the property, and the second is to require the recording of the non-confirming uses on the property.

            Enslinger said “yes.”

            Ann Goans, Coordinator of the Old West Lawrence Neighborhood Rezoning Task Force, said in November the City Commission voted unanimously to initiate rezoning in Old West Lawrence, from duplex to single-family.  Duplex zoning in Old West Lawrence equals destruction of historic homes that exist because there are no building lots for sale.  This project has been well studied, and they have always understood that existing legal uses will be grandfathered in.  Ninety one percent of resident owners favor rezoning to RS-2.  The Historic Resources Commission, Planning Commission, and the City Staff all recommend RS-2 zoning.  She said the project fits the Old West Lawrence Plan and Horizon 2020.  The project is a straight forward preservation strategy.  The worse case in this vulnerable place is not an occasional neglected old house, but rather its demolition and replacement by a new duplex.  Two irreparable things happen, an appropriate old family home is lost forever, and the new business structure becomes an anachronism, eroding the historic integrity of a valuable neighborhood.  The free market place will fix the old house under proper zoning.  She asked the City Commission to finalize the year-long grass roots project and rezone Old West Lawrence to RS-2 to reflect the current majority of single-family homes, to save small affordable housing, and for future preservation for renters and owners of a historic place to live.

            Julia Gilmore-Gaughaun said as a future agenda item concerning four people living in homes in RS zoning.  She recommended that the City Commission not require conformity by August 2004.  She said she would request a new solution be considered so all of the homes currently housing four people can remain that way. 

            Jordan Lerner, Chair of Lawrence Association and Neighborhoods, member of the City’s Historic Resources Commission, and Lawrence resident, said ninety one percent of property owners have agreed to this solution.  This project is about three basic issues, historic preservation, retention of existing affordable housing, and bringing the zoning into conformance with the historical and current land usage.

            Lerner said historic preservation reminds us of our heritage and give us a background connection to the place we call home.  From the plaques on many building on Massachusetts street, to the dedication of the Murphy-Bromelsick House at Hobbs Park to the initiative to create a national heritage site encompassing sites through out the county, Lawrence is interested in preserving its cultural and physical heritage.  Over the past forty years a lot of great historical properties have been lost in Lawrence and are irreplaceable.  The residents of a historical neighborhood wish to retain the heritage and halt the demolition of historic housing stock.   He said. of the remaining historic homes in these neighborhoods, many were the homes of carpenters, painters, builders, and the craftsmen of many of the other historic properties in Lawrence. 

            The neighborhood has been zoned RM-D and before that RM-1 for nearly forty years and yet it still remains a single-family neighborhood.  Single-family usage has persisted in spite of its current zoning and this is the only large block of historic single family homes in Lawrence that is zoned RM-D.  Most people that look into buying homes in this neighborhood do not know it is zoned single-family.  In 1980 the Lawrence-Douglas County Planning Commission adopted an Old West Lawrence Neighborhood Plan.  The plan draws no distinction between Illinois and Alabama Streets, as the zoning line has been drawn.  The plan identifies the desire of the neighborhood in 1980, and that desire remains intact today, to be a low-density single-family neighborhood.  Unlike Horizon 2020, this 1980 Neighborhood Plan defined low density as RS-1 or RS-2; medium density by this plan is defined as RM-D or RM-1.  He said they ask the request for rezoning be granted in order to bring the zoning in conformance with the desires of the residents, the adopted neighborhood plan, and the actual land use, single-family residential.   With ninety one percent of resident property owners, seventy percent of all property owners are in agreement.  The will of the property owners is clear, we the residents of Old West Lawrence urge the City Commission to approve the request to rezone the area to RS-2. 

            Marci Francisco, Lawrence, member of the Lawrence Preservation Alliance, said the members of the Lawrence Preservation Alliance are delighted by the actions of the City Commission, the Planning Commission, and the support of the neighbors and students, in bringing this proposed rezoning to the City Commission.  It is a strong statement for historic preservation, but it is also a strong statement for neighborhoods.  This is not only preserving the buildings, but a place for people to live and build community. 

            Burdett Loomis, Lawrence, owner of a duplex on Mississippi, said approximately forty years ago the eastern part of Old West Lawrence was in danger of being urban renewable out of existence.  Several of the landowners at that time formed Old West Lawrence.  He said when funds were raised they shared the funds with the Douglas County Historical Society, the Lawrence Preservation Alliance, the Hobbs Park Project, and “the Merc.”  The commitment to historical preservation and neighborhood is something that has been going on for over forty years.  He hoped that the Planning, Historic Resources and City Commissions recognized that this is an on-going neighborhood in progress. 

            Mayor Hack said that all of this has such a great grass roots level, and there is much appreciation of the effort given by the community. 

            Commissioner Rundle acknowledged the concerns that were raised by the student representative that the Commission did recognize that the property owners are at a disadvantage in compliance.  He said staff would come back with a report that includes an extension.

            Commissioner            Kennedy said that the neighborhood took on a great challenge and brought back to the City and Planning Com