April 9, 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 Hack presiding and members Dunfield, Henry, Rundle, and Kennedy present. 

Mayor Hack proclaimed the week of April 7 – 13, 2002 to be “The Week of the Young Child”; the month of April, 2002 to be “Occupational Therapy Month”; the month of April, 2002 to be “Lawrence Arts Center Month”; and, the week of April 8 – 13, 2002 to be “Lawrence Pride Week.” 

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the City Commission meeting minutes of April 2, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the Board of Zoning Appeals meeting minutes of March 7, 2002; the Aviation Advisory Board meeting minutes of January 17, 2002; the Public Transit Advisory Committee meeting minutes of March 19, 2002; and, the Parks & Recreation Advisory Board meeting minutes of January 8, 2002.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, approve claims to 303 vendors in the amount of $1,564,370.81 and payroll from March 24, 2002 to April 6, 2002 in the amount of $1,229,374.52.   Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve the Drinking Establishment License for Zen Zero, Inc., 811 Massachusetts (C-3 zoning requirement) (Contingent Upon State License); The Jazzhaus of Lawrence, 926 ½ Massachusetts; Papa Keno’s Pizzeria, Inc., 1035 Massachusetts (C-3 zoning requirement) (Contingent Upon State License); Chili’s Grill & Bar, 2319 Iowa; Club 508, 508 Locust (Contingent Upon receipt of invoices from Private Security Service); and, the Retail Liquor License for Glass House Liquor, 2301 Wakarusa Dr., Ste: C.  Motion carried unanimously.

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to approve change order with Rose-Lan Construction, in the amount of $44,589.99 for the 2001 Waterline Improvement Project, Phase II, for the Utilities Department along Orchard Lane.  Motion carried unanimously.                                                                                                                    (1)

The City Commission reviewed the bids for the Comprehensive Housing Rehabilitation project at 1514 Craig Ct. for the Neighborhood Resources Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Master Plan Management, in the amount of $30,105.00.  Motion carried unanimously.                                                                                                                                   (2)

The City Commission reviewed the bids for Large Sanitary Sewer Pipeline Cleaning and Inspection for the Utilities Department.  The bids were:

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to award the bid to Ace Pipe Cleaning, Inc., not to exceed to amount of $50,000.00.  Motion carried unanimously.                                                                                                                                   (3)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to set a bid date of April 23, 2002 for the 2002 Overlay and Curb Repair Project, Phase 2.  Motion carried unanimously.                                                                                                                      (4)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to set a bid opening date of April 23, 2002 for Comprehensive Housing Rehabilitation at 1619 E. 18^th Terrace and 2535 Belle Haven.  Motion carried unanimously.                                                       (5)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt on first reading Ordinance No. 7515, granting Phase 2 property tax abatement to Allen Press, Inc.  Motion carried unanimously.                                                                                       (6)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt on first reading Ordinance No. 7517, rezoning approximately 27.9 acres, from A (Agricultural District) to RS-2 (Single Family Residential District), generally located east of Queens Road, approximately 2,300 feet north of W. 6^th Street.  Motion carried unanimously.                                                                                                                                                                       (7)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt on first reading Ordinance No. 7518, rezoning approximately 13.4 acres, from A (Agricultural District) to RM-D (Duplex Residential District), generally located east of Queens Road, approximately 673 feet north of W. 6^th Street.  Motion carried unanimously.                                      (8)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt on first reading Ordinance No. 7519, rezoning approximately 12.3 acres, from A (Agricultural District) to PRD-2 (Planned Residential District), generally located east of Queens Road, approximately ¼ mile north of W. 6^th Street.  Motion carried unanimously.                                  (9)

Ordinance No. 7513, establishing approximately 50 feet of additional “no parking” along the west side of Sunset Drive, north of Cambridge Road, was read a second time.  As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance.  Aye:  Dunfield, Hack, Henry, Kennedy and Rundle.   Nay: None.  Motion carried unanimously.                                                                                                                                                                  (10)

Ordinance No. 7514, establishing a “35 mph speed limit” on Harper Street, between 19^th Street and 23^rd Street, was read a second time.  As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt the ordinance.  Aye: Dunfield, Hack, Henry, Kennedy and Rundle.    Nay: None.  Motion carried unanimously.                                                (11)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt Resolution No. 6364, ordering a public hearing on the advisability of improving Overland Drive from 340 feet west of Wakarusa Drive to Queens Road.  Motion carried unanimously.   (12)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to adopt Resolution No. 6365, ordering a public hearing on the advisability of improving Congressional Drive from 6^th Street to Overland Drive.  Motion carried unanimously.                (13)

As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to concur with the Planning Commission’s recommendations to approve the Final Plat (PF-12-43-01) for Heritage Baptist Church No. 2, a three-lot residential and proposed office subdivision.  The property is located on the northeast corner of 6^th Street and Folks Road.  The motion also included accepting the dedication of easements and rights-of-way subject to the following conditions:

1.         Provision of a note stating, “Public improvement plans must be submitted to the                            City Public Works Department for the sanitary sewer main extension prior to filing                 of the final plat at the Douglas County Register of Deeds;

2.                  Re-spreading of Special Assessments for Folks Road and Sewer Extensions;

3.                  Provide hash marks on the Final Plat showing restricted access from the property to 6^th Street;

4.                  Renumber the lots so that they are in a counterclockwise position, starting with lot 1 in the southeast corner.  Revise all General Notes accordingly;

5.                  Replace Note #1 with General Notes #10 and #11 from the Preliminary Plat;

6.                  Execution of a Temporary Utility Agreement; and,

7.                  Pinning of the lots in accordance with Sec. 21-302.2 of the Subdivision Regulations.

Motion carried unanimously.                                                                                                                               (14)

            As part of the consent agenda, it was moved by Henry, seconded by Kennedy, to authorize the Mayor to sign a Subordination Agreement for Lewis Schneider, 413 Maine.  Motion carried unanimously.                                                                                                                                (15)

            During the City Manager’s report, Mike Wildgen informed the Commission that the City recently closed on the two recent park property acquisitions: the 14 acres purchased from Francis Kelly and the donation of 40 acres from Betty and Bob Lichtwardt.

Commissioner Kennedy commented on the Indoor Aquatic Center hosting the NAIA Championship.  It is a great event brought to the City of Lawrence, bringing in around seven hundred student athletes to swim in the Indoor Aquatic Center.  

            Chris Stewart, Assistant Director, Water, presented the City Commission with an update

            Charlie Stryker, President/Owner of CAS Construction, updated the Commission on the status of the Clinton Water Treatment Plant expansion project.  He presented a PowerPoint slide presentation showing various photographs of completed portions of the plant.  He said the original contract construction amount was approximately 5.7 million.  The project was started May 21^st, 2001, and the original contract terms called for substantial completion by June 1^st, 2002 with final completion by September 27, 2002.  Black & Veatch completed the design as the construction was started. 

            Commissioner Kennedy asked if this was a complete duplication of the existing plant.

            Stryker said the capacity of the filters doubled.  There was then additional work on some of the basins to the west.  The significance of the project was that they were able to get started during the right season.  Waiting until September would have caused serious issues trying to get through the winter.  The method chosen by the City Commission for design and construction allowed this project to be nearing completion so soon. 

Stryker said the issue of the Water Plant came about because of the extremely high temperatures in September 2000 and the City was bordering on reaching capacity of the existing plant.  He said they are on the final stages of the project.  The equipment and manual operation has been installed and tested and they are now in the finishing mode for the instrumentation side of the project.  He projected that the week of April 21^st they will achieve substantial completion and the water facility will be ready to use.  Final completion is planned for the middle of May, nearly four months ahead of schedule.  Stryker commented on the cooperation by the City’s staff, and Black & Veatch, in making quick decisions and keeping this project on course.  An anticipated credit will be given back to the City in the general amount of $200,000 because of finding ways to save money during this project.  There has been additional scope items added to the project with no change orders in terms of change of cost additions.  There have been no lost time accidents during the time period of this project so far.

            Commissioner Henry said it was a very impressive accomplishment.

            Mayor Hack said the comments on saving money and the great cooperation within the groups involved is great to hear and is greatly appreciated.                                                 (16)

            Captain Carolyn Shuetz, Salvation Army, requested to have the homeless shelter opened during the summer months so it would be a continuation through the time that it is normally open in the fall.  She said $60,000 is the amount to be raised, and a request in the amount of $20,000 has been asked from the City.  $25,000 has been raised from the general public so far, and it is believed that the Salvation Army will be able to raise another $15,000 needed besides the requested amount from the City.     

            Commissioner Rundle asked what the additional amount of time the shelter would be open.

            Shuetz said six months. 

            Commissioner Kennedy asked the number of people projected to use the shelter during the summer time. 

            Shuetz said last year the Lawrence Coalition opened a shelter for the summer, and the Salvation Army opened up a month early in September with thirty people.  She said the Salvation Army currently averages thirty-four people per day. 

            Commissioner Kennedy asked if the Salvation Army would be using the current guidelines with the continuation of service such as the requirements for alcohol and other related issues.

            Shuetz said yes and it would continue to be a zero tolerance practice except for inclement weather such as severe thunderstorms or tornado watches. 

            Commissioner Rundle asked if extreme heat conditions would also be an exception.

            Shuetz said whenever there is a heat warning or any other kind of severe weather warning, it would be considered an inclement weather situation. 

            Mayor Hack commented on the good job the Salvation Army has done with the advertising in the newspaper and also with complimentary letters.  She said they both have increased community awareness of the necessity for community participation.

            Shuetz said being able to stay open is a positive, and being able to inform the community about the need is important.

            Mary Siegrist, Lawrence, said that she has volunteered some evenings at the homeless shelter when there were as many as forty-seven people including toddlers staying at the shelter.

            Hilda Enoch, Lawrence Homeless Coalition, said they had hoped by this time that the City would support a year round shelter that does take into account the unmet needs in the community.  For too long homeless people have been picked up from the streets and taken them to Topeka or Kansas City because they are inebriated.  There is a full fledge need to take care of those people who have an alcoholic problem.  She said alcoholism is a sickness and requires enough support so that people feel that they can make the next step.  If there are people endangering other people in the shelter, then they should be removed and taken somewhere, but there is nowhere to take them. 

Enoch said if the City gives $20,000 to help the Salvation Army then it should go further in helping others.  A detox center in the community is needed so people can be diverted to get the support, help, and medical attention that they need.  The Salvation is getting CDBG funds in the amount of $47,000 for their feeding program.  LINK runs on a three-day basis without charging anything, and that is done because the community does care.  She urged the City Commission to look into the real problems with the homeless. 

            James Dunn, Lawrence, said his first concern is about the use of taxpayers’ money that might impact property tax mill levy.  He also said it appeared the community, at times, seemed to be enabling people to remain in free housing, and not access regular housing.  He expressed an additional concern that there should be programs in place that help people move through the system from needing emergency housing to more permanent housing. 

            Barbara Huppee, Executive Director of the Lawrence-Douglas County Housing Authority, said the Commission has heard for a long time about the issue of homelessness in the community and that they are complex issues.  She said there should be serious consideration to an emergency shelter because it gives a more in-depth look at the gaps that exist in housing services.  The Lawrence-Douglas County Housing Authority has a transitional housing program that is funded with the City HOME funds, and the Housing Authority is a partner with the Salvation Army and the Pelathe Center to work with individuals at risk.  The program works with homeless people and is able to take them through a support service program and transition them to more permanent housing. 

            Commissioner Rundle asked if there was any data on people who have been in homeless situations that have made successful transitions.

            Huppee said “yes.”  This program is not only done with the Salvation Army and the Pelathe Center, but with the Bert Nash Center too.  She said since 1998 fifty-eight homeless have transitioned into permanent housing with City funds through a transitional housing program. 

            Mayor Hack said the Commission is looking at a request for $20,000 out of the current year funds.

            Commissioner Rundle said this is a modest request.  He said the impact and social cost of not addressing these needs and abandoning people to their own devices and not providing support may have its own costs.  They City needs to seriously consider the needs of addressing alcoholism, mental illness, and drug addiction, which all require specialized services.  It is not reasonable to impose these issues on the Salvation Army.  Hopefully it can be accommodated more and more when the Salvation Army has the skills and resources.  Rundle supported the request.

            Commissioner Henry said at the Camber of Commerce annual meeting the recipient of the Citizen of the Year Award said it best when he said the City of Lawrence should be able to step up and care for the homeless in our community.  Henry supported the $20,000 request and also said he would make a personal donation.

            Commissioner Dunfield also supported the request.  He said the City’s role in these matters should be directed towards trying to help change peoples’ lives for the better.   The City needs to keep applying this principle to the homeless issues when they are discussed in the future.  

            Mayor Hack agreed with the other Commissioners and appreciated what the recipient of the Chamber of Commerce Citizen of the Year Award stated.  She said Lawrence is a passionate and caring community.  There are many groups working on this issue, and if the City does not support these kinds of issues then the Commission needs to be careful that they aren’t imposing a situation where the movement could turn backwards.

            Commissioner Kennedy said he appreciated the comments of James Dunn and Barbara Huppee.  He said it is important that everyone works together to ensure that the continual use by each individual is limited in the emergency shelter and to move him or her into some type of permanent housing.  He said while the Salvation Army’s request is a small amount of money, every bit of money right now is big because of not knowing where the State is going with their financing. 

            Moved by Rundle, seconded by Dunfield, to approve $20,000 for Salvation Army for additional funding for homeless shelter services.  Motion carried unanimously.                        (17)

            Robert Tabor, a member of the Lawrence Public Transit Advisory Committee, presented the recommendation from the Public Transit Advisory Committee concerning advertising on the City’s buses.  He said the project was initially looked at one year ago and there was a mix of views among members of the committee as to how well it would do in terms of revenue.  With the assistance of Karin Rexroad and staff, other cities with comparable size and transit services that had an advertising program were researched.  They identified what the cost benefit analysis was; what the management piece looked like; and how it affected the bottom line.  Among the cities that were at a comparable size there was about $20,000 - $25,000 as a maximum revenue gain from an advertising program.  Management was outsourced by a percentage basis or it was provided in-house which would entail another budget line item for administration cost. 

Tabor said Toni Wheeler, Staff Attorney, provided an excellent briefing on the legalities and risk exposures.  The cities that got into trouble with their advertising program were because those cities did not have a policy or had a policy that was very unclear.  The City of Boston faced a lawsuit that cost them about $600,000 in City costs.  The legal liability issue is front and center on the list of concerns the committee had.  He said the PTAC decision to decline to do any kind of advertising on the buses was unanimous. 

            Commissioner Kennedy said the Transit Advisory Committee did a tremendous duty for the City Commission, taking on this issue and analyzing how good it appears to benefit the City, but the best recommendation brought to the community is to keep the City buses to look exactly like they are without the additional commercialization.

            Commissioner Rundle said that the Transit Advisory Committee gave this very serious consideration.  He said while an appropriate policy could probably be written to address the legal concerns, as demonstrated by those cities that have made public transit advertising work, he would rather not dwell on it any longer and preferred that the committee focus on other issues.

            Mayor Hack said she has no doubt that the legal staff could come up with an agreement that could hold up, but would not want to pay for the challenge to do so.  Hack said she would not support it at this time. 

            Commissioner Henry said he agreed and he appreciated all of the work the Transit Advisory Committee did.                                                                                                             (18)

            David Corliss, Assistant City Manager/Legal Services Director, presented the staff report to consider approval of the City/KDOT agreement for the improvement of West 6^th Street.  He said this agreement is a KDOT requirement.  If the agreement were approved, pursuant to the agreement, a funding resolution would be on a future City Commission agenda.  He said staff wants KDOT to finalize plans, requiring right-of-way planning for the extensive utility relocations that is going to be a necessitated for this project.  He said there would be quite a bit of pre-construction work to be done before the project can proceed.  Corliss said a KDOT project engineer’s indicated that the project would probably not be let to the contractors until 2004, although it could happen sooner if all the pre-construction work occurred.  He said the project was not expected to be completed until 2006. 

            Commissioner Rundle asked what other major projects KDOT has done where the City has entered into these kinds of agreements.

            Mike Wildgen, City Manager, said Riverridge Road, Haskell Street south of 23^rd and Monterey Way have all had similar agreements.

            Commissioner Rundle asked if they were similar in terms of letting KDOT be there agent for the project and if it was fairly common.

            Corliss said “yes.”

            Commissioner Rundle said it has been suggested that language be added to the agreement so that plan approval decisions are made jointly by the City and KDOT.

            Mayor Hack asked if something has been done like this before where something would say planned is approved by the Secretary and the City for letting in the project. 

            Corliss said while it may seem simple to add those phrases to the definitions, the Commission needed to be careful when inserting those phrases into the rest of the agreement. 

            Commissioner Dunfield asked what the role of the different bodies would be during the course of the design under the agreement as it is before the City Commission.

            Corliss said the City is financially responsible for the design work.  He said page 4 subsection “d” of the agreement provides that the City agrees that the Secretary will review and approve the final plans prior to letting. 

            Commissioner Dunfield asked if the process is that the City hires a consultant to prepare plans for review and approval by KDOT.

            Corliss said “yes.”  The Secretary has final approval.

            Commissioner Kennedy said when initially this project was started a few years back, there was talk of doing quarter mile points and access management plans.  Kennedy asked if there was language in the draft that tells the State and the KDOT Secretary that the City has adopted plans for the road work and future construction in this area on street improvements and would like KDOT to acknowledge them and abide by them.

            Wildgen said there is a reference on page 7, subsection “e” to the access management plan.

            Corliss said, other than what is sometimes called the “2016 Plan” or the “George Butler Plan”, there is no City adopted access management plan east of Wakarusa.  He said the City Commission voted upon motion to adopt those plans only for planning purposes.  He said they were not formally adopted by ordinance or resolution.

            Jane Eldredge, attorney for Westgate Center, presented suggested changes to the City/KDOT System Enhancement Agreement.  She said she understood that other business owners in the Westgate Center area have expressed their views about the agreement to Commissioners such as the owner of the Kwik Shop and Westgate L.C.  She said it is important to remember that the Westgate Center is unique in Lawrence from the standpoint that the original access points for the Westgate Center were created by contract.  The access points along Wakarusa Drive were created in a contract with the City and Westgate Center in 1988, and the access points along 6^th Street were created in a contract in 1991.  The owners of the approximately twenty two acre property were then proceeding on their development plans and their preliminary development plan was approved in late 1996 and early 1997.  At that same time, George Butler, was looking at the intersection the 6^th and Wakarusa intersection.  Two access points were considered in the George Butler plans, which were the northern most access on Wakarusa Drive and the western most access on 6^th Street.  As a result of the George Butler plan, there were recommended changes in the location of those two access points.  The owners then moved the Wakarusa access point further south and the 6^th Street access point further east.  The plat was then approved by the City and the County in March of 1997.  She said that was important because the plat noted there would be full access.  She said the Westgate Center was designed with access points that would serve particular uses.  The western access point was designed to serve what has become Peoples Bank, the Kwik Shop and associated gas station and the small businesses at the back of the development.  The approvals for these businesses all occurred in the Summer-early Fall of 1999.  That is important because the system enhancement application was submitted included the SLT to the 6^th & Wakarusa intersection for a four-lane divided highway.  In December 1999 a second system enhancement application was submitted for a center turn lane from Wakarusa Drive to Kasold.  Those were good indications of the City’s access plans on 6^th Street between Wakarusa Drive and Kasold which was full access.  She said when the Peoples Bank, Kwik Shop and the Westgate shops brought their plans in for review and approval they were all contingent on full access.  The City staff was very helpful particularly in making use of the access points.  She said the Kwik Shop is the only one she knows about that is without direct access onto its lot.  Its access comes from the two access points covered in the George Butler study.  She said this access is critical particularly for trucks and vehicles that tow boats or trailers.  She said this gas station is the only one in that area and services many people using trucks to pull equipment and this access needs to be open for them. 

            She said the next thing that happened was that KDOT wanted to expand the project from Wakarusa Drive to the SLT to cover this particular intersection.  She said this had not been authorized by the City Commission.  She said while City and KDOT staff has discussed this for about a year and a half, it has only been since November of 2001 that the City Commission has seen that product.  She said in order for the City to keep its commitments made contractually in 1988 and 1991 that it is important to maintain access to 6^th Street and to say so in this agreement.  She said since system enhancement grants are awarded on a point system considering how much a city puts into a project, the more likely KDOT was to award it; therefore it was important to mention these commitments in this new system enhancement agreement.  She said the City of Lawrence has put the west 6^th access management plan into this project which was a significant plan developed over a period of time, including public meetings with property owners and interested parties and adopted by the City Commission. 

            Eldredge said access is a policy issue over which the City Commission properly has jurisdiction and contained in the platting process.  She said since there is not access management plan going east of the 6^th & Wakarusa intersection means that the suggestion to change the existing access which was already approved the City would be done as part of a road design rather than as part of a policy decision.  She said if Lawrence is going to be friendly to businesses it has to keep its commitments.  She said there is no safety problem regarding these access points.  She said four sets of engineers have reviewed them and none of them can say there is a safety problem.  There is a projection that there may be a capacity issue in the future although the engineers who have looked at it disagree about that.  The 1997 George Butler study projected into the year 2016 higher traffic counts than the later KDOT study last Fall.  The George Butler study looked at the 6^th street access point and noted that it should stay open and have a protected left turn, with a median to guide the dual left turns onto Wakarusa but there should be full access there.  She said following a Commission study session, staff, Bucher-Willis, and KDOT got together and produced another protected left turn in drawing.  At that time the City asked, and the property owners agreed, to forego a left turn movement out.  The property owners are willing to live with this in order to protect the left turn movement in.  Now that the center has been developed, except for one important 36,000 square foot future anchor, which would be precisely at the base of the access point, the construction can’t be redone. 

She said the City has been clear on its preference to maintain its commitments and to allow the left turn in at this access point.  To fail to say that in this agreement to KDOT would be failing to follow the planning processes and the previously made commitments.  She asked the Commission to maintain its commitments. 

Eldredge asked if the U-turn issue would be discussed. 

Mayor Hack said since the U-turn issue was not a part of this specific agreement and she preferred to discuss it at a later time. 

            Todd Harris, President Peoples Financial Center, explained the Peoples Bank facility at 4831 West 6th.  He said 3400 square feet was occupied by Peoples, Inc., the corporate headquarters for banks in New Mexico, Colorado and Kansas.  The other 4300 square feet was Peoples Bank.  He said this location was chosen mainly because of its high visibility and full access.  He said they also relied on City and KDOT approvals regarding full access in determining to locate the corporate headquarters and the Bank there.  He said his business made a major investment in this City. 

            Harris discussed the importance of access to the Bank.  He said in banking convenience was very important.  He said many bank transactions are done while people are in their automobiles.  He said monthly drive thru transactions have increased from 1200/month to 2500/month.  The ATM transactions have increased from 562/month to 2100/month.  He said reliable access is very important to the Bank.  He said restricting access would restrict growth and would restrict the Bank’s investment in Lawrence. 

            Mayor Hack asked Chuck Soules to comment on the protected left turn. 

            Chuck Soules, Public Works Director, said because he was not with the City when the issue first arose, he has met with staff, Bucher-Willis, and has talked with George Williams, former Public Works Director, to become more familiar the matter.  He said in November of last year when the protected left turn was reviewed by Bucher, Willis and Ratliffe and George Williams, it was felt there was sufficient stack under current conditions.  He said everyone he talked to believed that at some unknown point in the future because of either volume or accidents that the left turn in would be a problem.  However, based on volumes as they are today, the left turn in is possible to do. 

            Hack asked Corliss if it was possible to draft an agreement to provide that the City’s desires to continue to work on this issue. 

            Corliss said based on his conversations with KDOT staff, the Secretary was not going to sign an agreement that takes away the Secretary’s sole, final approval authority.

            Hack asked Corliss how many times he has met with KDOT about this matter. 

            Corliss said staff has spent substantial time on access issues at this intersection.  He said staff has spent more time with KDOT on the median cut than any other aspect of the project.  He did not know how many meetings but he knew the City Manager’s file was thick and his file was thick and he knew Chuck’s file, from George’s work, was also thick indicating the amount of work done. 

            Corliss said regarding Jane Eldredge’s recommended changes to the agreement, he didn’t think KDOT staff would agree to those changes.  He said he has not asked them yet but his opinion was that KDOT would probably not agree.  He said KDOT has been very clear that the median cut would have to go.  He said the same thing about the suggested change to page 7, subparagraph e.  Corliss said he would follow the direction of the Commission and if the Commission wanted to send KDOT an agreement with the recommended changes he would do that. 

            Wildgen said that the only circumstance that KDOT would sign an agreement with those changes was if it also included a clause that KDOT could take 6^th Street off the state system. 

            Kennedy said he has attended most of the meetings on this issue and he never got the impression that KDOT engineers and City engineers have an agreement that the access point that is there now will work now and in the future.  In other words, while the access point may have to be closed sometime in the future, he never understood why the access point had to go away now.  He said KDOT has always stressed safety when discussing this access point.  He said he thought the City should be able to include language that when the access point did become a safety problem in the future that the City would agree to close it.

            Corliss said Kennedy articulated staff’s argument to KDOT that the access point is not unsafe at the present time and why couldn’t there be some objective criteria worked out that when it became a safety concern the City would pledge to close the access point.  He said KDOT staff could not recommend that to the Secretary.

            Hack asked if there was a possibility of another agreement which would bind future commissions and any future KDOT Secretary regarding an agreement to close the access point if it became unsafe in the future.

            Corliss said in his opinion this Commission could execute an agreement that would bind future governing bodies in regards to closing the access point based on future criteria.  He said if they didn’t, the Secretary had the authority to do that anyway.  He said KDOT could also take the highway designation away from the City if it wanted to.  He said in KDOT’s opinion they when the road is built they want the access point closed.  He said staff could continue to try and raise KDOT staff’s comfort level that whenever the access point became a safety problem, it would be closed.

            Hack asked if that would be in the form of a letter or side agreement.

            Corliss said he has discussed all forms of alternatives including authorizing the Commission to execute the agreement and include a cover letter indicating the City’s intent to pursue the median cut.  He said there is no guarantee of an outcome. 

            Kennedy asked if this agreement was in conflict with the adopted ordinance on the access management plan. 

            Corliss said he did not believe it was in conflict with the access management ordinance.

            Kennedy asked if KDOT prepared the draft agreement.

            Corliss said KDOT prepared it and City staff has reviewed it and made some administrative change issues and KDOT has presented it as it is now before the Commission.  He said it is not typical that every issue of design is set forth in the agreement.  He said this is an administrative document.

            Kennedy asked if in the agreement was signed as is and if the access point was removed would there be a need to amend the access management ordinance.

            Corliss said the ordinance applied to access west of Wakarusa.  He said the only thing adopted east of the intersection regarding access is the “2016” or the “George Butler plan.”  He said this was a plan document.  He said in signing this agreement the Commission may very well be going against that plan decision.

            Rundle asked if the “2016 plan” was adopted just as a plan and not a resolution or ordinance.

            Corliss said that was correct and it was adopted on just a motion vote.  It is a planning document.

            Kennedy said he voted on the 2016 plan as one of his first votes as a commissioner.  He said the plan was unanimously approved.  He asked if this agreement was signed, would there be an amendment needed to change the plan.

            Corliss said no.  It was just a motion vote indicating that Commission’s planning document.  He said it is not a law that requires an amendment.

            Dunfield asked about the legal issues raised by Jane Eldredge, namely that the development access points were created by contract and that there are plat issues because the plats referred to the current access points.  

            Corliss said the reference to a contract was correct but it was not a sufficient part of the analysis.  He said no governing body has the authority to sell its police powers.  He said no one could buy it and the Commission can’t sell it.  He said access control involves determining whether someone can access a property.  This is an exercise of police power in regulating traffic flow for safety purposes.  He said that authority couldn’t be contracted away.  He said what was purchased was certain access points and certain right of way at that time.  He said Jerry Cooley has reviewed the documents and he believes there is nothing that obligates the City to allow for full access for all of those access points.  He said staff felt strongly about that and that staff would not recommend that the Commission contract away police powers. 

            Rundle asked if the use of the term “contractual” was an overstatement.

            Corliss said it was contractual in the sense that money was paid, instruments were exchanged and an agreement was executed.  However, no City could say we are going to permanently allow full access at this point regardless of any safety concerns.  He said that just couldn’t be done. 

            Henry said the City did have contracts or contractual arrangements for properties along 23^rd Street. 

            Corliss said he was not familiar with those.

            Henry said anytime a property was developed along 23^rd Street there were comparable contracts that were entered into that did not guarantee access in perpetuity. 

            Corliss said that might very well be the case.  He said it was very common for a public entity to purchase access rights.  That was one of the things KDOT wants to do along 6^th Street and that’s what was done along Clinton Parkway.  The granting of the access point along that street did not mean that the City forever waived the City’s right to regulate for traffic flow purposes which is what the construction of the median is. 

            Jane Eldredge said she didn’t disagree with anything Corliss said about the contract and she wanted to emphasize that those contractual rights could be overridden with the police power for safety purposes.  She asked the Commissioners to recall Dave Corliss' and Chuck Soules' comments that there is no safety problem now.  She said that is the point.  If there is a safety problem, the Commission can regulate it, KDOT can regulate it but it shouldn’t be given away if there is no safety problem.  She also pointed out that the City of Hutchinson system enhancement agreement with KDOT specifically states that the City and the Secretary, jointly, will develop and approve a corridor access plan in conjunction with the project design.  She said if that has been accepted for one community she can see no reason why it wouldn’t be accepted for another community.  She said that is all she is asking for, a joint access plan between the City and KDOT. 

            Commissioner Dunfield said the City should go ahead with the agreement as it is.  He said he has not always been an advocate of KDOT’s point of view on all issues.  However, the Commission has made its position very clear that it wants the left turn possibility to remain open and KDOT has said no.  The City went back again and KDOT said no.  He said by this point the word no has been tattooed on the foreheads of the KDOT engineers and it is clear what there position is.  He said to continue to make these same arguments at this point is not going to serve any significant purpose.  He said to try and alter the agreement is merely to delay an agreement.  KDOT has made it very clear what they will and will not accept.  If we want this to remain a state highway and we want this project to go forward, we need to face the reality that this access point as a left turn possibility is going to go away. 

            He said regarding access management plans, the plan west of Wakarusa calls for ¼ mile access points and here we are talking about a curb cut that it nowhere near a ¼ mile from the intersection.  As for doing something in the future to possibly close this access point when it does become a problem then we have admitted that we are going to create a problem that we will have to solve which is something we don’t like to do in our traffic planning.  Second, if the argument is that people are used to making that left turn and they are going to have to change their habit, then if we wait for three or four years to make this change then those habits will be more deeply engrained and it will be even more of a problem.  He said the City fought the good fight and directed staff and staff has done their job very well.  He said we need to accept that and move on.

            Commissioner Rundle said he also was starting to get worn down by the process.  He said he would be interested in pressing KDOT to be more specific about their safety concerns.  He said some of that was communicated in their justification for a U-turn instead of a median cut.  He said he agreed with Commissioner Dunfield. 

            Mayor Hack said Dunfield brought up a good point about the future closing of the median.  She said she most concerned about putting the City in an uncomfortable position of having KDOT say the City can do the entire project itself in exchange for a median cut. She said she is worried about that having seen KDOT walk from other projects before.  She said the Commission’s job is to look out for the good of the entire community and in not signing this agreement we would not be serving the best interests of the entire community.  She appreciated the concerns of the business community but she also looked at the safety of the road for all citizens.  She said she would be comfortable signing the agreement and including a cover letter making one more attempt at agreeing to a future closure of the median cut.  She recognized however that once the project is completed, in 2005 or so that the safety concerns might have then materialized.

            Commissioner Henry said he attended several meetings and while he wished KDOT would have taken a little more reasonable position, KDOT has been very clear in there position.  He said we need to get on with the project and sign the agreement.

            Commissioner Kennedy asked Corliss if language could be added stating that an access management plan east of Wakarusa be developed by both the Secretary and the City as was described with the City of Hutchinson. 

            Corliss said any language that would take away the Secretary’s sole approval authority for plans for this project would be rejected.  If the Commission wished to pursue an access management plan for any state highway, the Secretary would be in favor of an access management plan for any state highway including 6^th Street east of Wakarusa.  He said the Commission should take a look at the value of such a plan.  He said on the north side of 6^th Street, staff anticipates that KDOT will purchase access at least to Champion and perhaps further.  The development plans have all restricted access to 6^th Street except at Champion.  He said access has already been established on the south side.  Corliss said KDOT was going to approve any management plan as far as it effects that ability of KDOT to regulate access and traffic controls.  He said it is not a necessity to proceed with either this project or this agreement. 

            Kennedy said he believed the City should ask KDOT for an access management plan for their highway coming through our City from 6^th & Wakarusa to 6^th & Kasold because we are going to have numerous changes on that street through that whole area and we need a fifth lane on that entire stretch of road.  He said the City should start the ball rolling and see how KDOT is going to impact the City before anything else happens during development since KDOT is going to call the shots. 

            Corliss said staff would support an access management plan for that area.  Whether or not that is a funding priority by the commission is another issue.  He said the corridor is pretty well developed.  He said Chuck Soules and he are working on a benefit district at Comet & 6^th for a possible fifth lane there because of the pending development of the southeast corner of 6^th & Comet.  Corliss said an access management plan would not be a necessity for the agreement at issue now.  He said the access management plan might be a good public policy document to have to compliment the work on the south side. 

            Commissioner Rundle asked if KDOT reviewed the access management plan as it was being developed. 

            Wildgen said yes.  He said originally KDOT wanted ½ mile access points and the City argued for ¼ access points.

            Moved by Dunfield, seconded by Rundle, to approve the City/KDOT agreement for the improvement of 6^th Street.  Motion carried 4-1 (Kennedy voting no).                                         (19)

            Corliss said a funding resolution would be on an upcoming agenda. 

            Mayor Hack asked if a cover letter would be appropriate expressing the need for more information

            Wildgen said that staff could write a letter expressing the Commission’s concerns and continued emphasis on the median cut issue. 

            Kennedy asked about the U-turn issue and if the Commission wanted additional information from KDOT and staff. 

            Hack said she would like additional information for a future discussion.

            Wildgen said staff could prepare a report.

            Commissioner Rundle commented on his recent trip to Hiratsuka, Japan.  He said he would try and get his speech to Lisa Patterson so she could add it to the web page.  He also said several people from the City’s sister city are looking forward to attending Lawrence’s 150^th birthday celebration. 

            Moved by Rundle, seconded by Kennedy, to adjourn at 8:50 p.m.  Motion carried unanimously.     

                                                                                                                                                                                                                                                            APPROVED:

                                                           

                                                                                    _____________________________

                                                                                                Sue Hack, Mayor

ATTEST:

 

___________________________________                                                                       

Frank S. Reeb, City Clerk

CITY COMISSION MEETING APRIL 9, 2002

 

1.                  Bid – Change order with Rose-Lan for $44,589.99 for waterline improvements, Utilities Department.

2.                  Bid – Comprehensive Housing Rehabilitation project, 1514 Craig Ct., to Master Plan Management for $30,105.

3.                  Bid – Sanitary sewer pipeline cleaning and inspection to Ace Pipeline Cleaning, Inc., not to exceed $50,000.

4.                  Bid Set – 2002 Overlay & Curb Repair, Phase 2, April 23, 2002.

5.                  Bid Set – Comprehensive Housing Rehabilitation, 1619 E. 18^th Terrace and 2535 Belle Haven, April 23, 2002.

6.                  Ordinance No. 7515 – 1^st Reading, granting Phase II property tax abatement to Allen Press.

7.                  Ordinance No. 7517 – 1^st Reading, rezone (Z-01-02-02) 27.9 acres, from A to RS-2, E of Queens Road, 2300 feet north of W. 6^th Street.

8.                  Ordinance No. 7518 – 1^st Reading, rezone (Z-01-03-02) 13.4 acres, from A to RM-D, E of Queens Road, 673 feet north of W. 6^th Street.  

9.                  Ordinance No. 7519 – 1^st Reading, rezone (Z-01-04-02) 12.3 acres, from A to PRD-2, E of Queens Road, ¼ mile north of W. 6^th Street.    

10.              Ordinance No. 7513 – 2^nd Reading, 50’ “no parking” along W side of Sunset Drive, N of Cambridge Road.

11.              Ordinance No. 7514 – 2^nd Reading, “35 mph speed limit” Harper, between 19^th and 23^rd.

12.              Resolution No. 6364 – Public hearing, Overland Dr. improvements, 340’ W of Wakarusa Dr to Queens Rd.

13.              Resolution No. 6365 – Public Hearing, Congressional Dr. improvements, 6^th to Overland Dr.

14.              Final Plat – (PF-12-43-01), Baptist Church Addition, 3 lot, NE corner of 6^th St. and Folks Rd.

15.              Lewis Schneider Subordination Agreement, 413 Maine.

16.              Update - Clinton Water Treatment Plant. 

17.              Salvation Army – request of additional funding for homeless shelter.

18.              PTAC – recommendation concerning advertising on City buses.

19.       Approval – City/KDOT agreement, W. 6^th St. improvements.